The land use categories employed by this chapter are defined in this section. Land uses which are not listed in this chapter are not necessarily excluded from locating within any given zoning district. Section 154.903 empowers the Zoning Administrator to make interpretations on matters regarding specific land use proposals which are not addressed by this chapter.
(A) Principal residential land uses.
(1) Single-family detached. A dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit. This dwelling unit type consists of a fully detached single-family residence which is located on an individual lot or within a group development. The dwelling unit must be a site-built structure built in compliance with the city Building Code, or may be a manufactured dwelling (modular home) as permitted by the city Building Code or a manufactured home as permitted by the HUD code. For any of these dwelling units, the use of a permanent, continuous city Building Code specified foundation is required. This dwelling unit type may not be split into two or more residences.
(2) Cluster neighborhood development. A type of single-family residential subdivision intended to preserve open space, farmland, and natural features that define, sustain, and connect rural neighborhoods and enhance the rural character around the city; hide or buffer development from public roads through placement, topography, vegetation, and/or setbacks; and encourage housing on moderately sized rural lots clustered in portions of the property best suited for development. As permitted in certain residential zoning districts (see Table 154.403.1), the cluster neighborhood development option allows for reductions from normal minimum lot size requirements in exchange for compliance with conservation neighborhood design principles described through the following regulations. The reduced minimum lot size standards are indicated on Table 154.207.1 for each district in which cluster development is permitted.
(a) Regulations:
1. The subdivider shall demonstrate to the satisfaction of the Zoning Board of Appeals that he or she has followed the steps in the design of conservation neighborhood developments included in this division.
2. Natural resources shall be integrated into the subdivision design as aesthetic and conservation landscape elements. The subdivision shall identify and provide for the permanent preservation of environmentally sensitive areas such as wetlands, hydric soils, floodplains, slopes of 15% or greater, areas of rare or endangered plant or animal species, or historic and archaeological sites. Permanent preservation shall be achieved through the implementation of techniques such as conservation easements, restrictive covenants, deed restrictions, dedication to the public or an appropriate non-profit organization, and/or establishment of buildable or "no build" areas on the plat.
3. Where the subdivision includes mature woodland, the subdivider shall identify the edges of said woodland and provide for the preservation of a substantial percentage of the woodland canopy area unless the Zoning Board of Appeals determines this standard to be impractical. During the process of subdivision review and development, no grading, tree removal, or home building shall occur within such woodland.
4. Where the subdivision includes prime farmland soils, and such soils have been cultivated within the previous five years, the subdivider shall identify and provide for the preservation of such farmland to the extent practical.
5. The subdivision shall provide for the recreational needs of its future residents through trails, parks, dog runs, or other passive recreational space or facilities geared and accessible to residents. Where an adopted city or county comprehensive plan, land use plan, or outdoor recreation plan recommends a park, trail, or other recreational facility for the proposed plat area, the sub-divider shall make reasonable accommodation for the recommended facility. Common open space shall be protected by legal arrangements satisfactory to the Zoning Board of Appeals.
6. A minimum landscape surface ratio of 50% (of gross site area) shall be located within permanently preserved natural areas, common recreational areas, and or farmland, not including any lands required for public dedication under Chapter 153, Subdivision Regulations, or any lands within lots platted as homesites.
7. Lots, dwellings, and internal roads shall be placed to minimize their visibility from existing public roads and to conform to the landscape. This shall be accomplished by:
a. Designing lots with frontage on a federal, state, or county highway so the dwellings will face away from the highway, with deep lots and a landscaped bufferyard along the highway.
b. Designing roads and lot layouts to blend with the natural land contours.
c. Using topography and existing vegetation to screen dwellings to the extent practical.
d. Minimizing dwellings in open fields and on exposed hilltops and ridgelines.
e. Preserving tree lines, fence lines, stone rows, existing farm roads, barns, cabins, and other features of the rural landscape to the extent practical.
8. The subdivision shall include stormwater management systems that focus on Best Management Practices (BMPs). BMPs may include overland water transfer, natural landscape planting and restoration to increase infiltration and reduce runoff, bioinfiltration systems, natural basin design, residential roof runoff directed to yard areas, and rain gardens. Such techniques shall be integrated in a stormwater management and erosion control plan submitted with the conditional use permit application.
9. The subdivision shall provide an acceptable sewage treatment and/or disposal system meeting the requirements of all applicable county and state regulations.
(3) Zero lot line. A zero lot line development is comprised of detached, single family homes where the area (side yards) between the homes is reserved for use by only one of the homes, thereby providing for greater use and enjoyment of the side yard area. Each house is on a separate platted lot or condominium. In the case of platted lots, each home is located five feet from each side property line as necessary to comply with all fire and building code requirements regarding building separation. However, on one side of the home a five-foot easement is created running the entire depth of the lot. Under the provisions of the easement, the neighboring (receiving) property is granted full use rights of the area, and the granting property maintains limited use rights as needed only for maintenance and emergency access. In the case of a condominium, one of the homes is granted exclusive use of the area between the homes, with exceptions for maintenance and emergency access to the other home. To enhance the privacy of the receiving property in using the easement area, no windows or doors typically are located on the adjoining wall of the home of the granting property. This dwelling may not be split into two or more residences. The minimum number of off-street parking spaces required for a zero lot line home is three spaces, including garage, drives, and all designated parking surfaces.
(4) Twin-house. This dwelling unit type consists of a single-family dwelling which is attached on one side to another single-family dwelling. A minimum city Building Code required fire-rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, and individual sanitary sewer and public water laterals are required between each dwelling unit. The two residences shall be located on individual lots or recorded as individual condominium units. The twin- house is distinguished from the duplex house merely by having each unit located on an individual lot or within a group development. These dwelling unit types may not be split into additional residences.
(5) Duplex. This dwelling unit type consists of a single-family dwelling which is attached on one side to another single-family residence. A minimum city Building Code required fire-rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, and individual sanitary sewer and public water laterals are required between each dwelling unit. The two residences are located on a single lot. The duplex is distinguished from a twin-house merely by having both units located on a single lot. The dwelling unit type may not be split into additional residences.
(6) Two-flat house. This dwelling unit type consists of a single-family residence, which is in complete compliance with the city Building Code for one-and two-family dwellings, which has been built as or converted into a two-family residence. The two residences may be attached horizontally or vertically and are both located on the same lot or within the same group development. This dwelling unit type may not be split into additional residences.
(a) Regulations: In the MDR District, each unit shall have a separate, exterior entrance.
(7) Townhouse. This dwelling unit type consists of attached, one- or two-story, single-family residences, each having a private, individual access. This dwelling unit type is located on its own lot or within a group development and may not be split into additional residences. A minimum city Building Code required fire rated wall assembly division, separating living areas from the lowest level through the roof, and individual sanitary sewer and public water laterals are required between each dwelling unit.
(a) Regulations: In the MDR District, no more than four townhouse dwellings may be attached.
(8) Multiplex. This dwelling unit type consists of three or more attached dwelling units, each of which has a private, individual exterior entrance. A minimum city Building Code required fire-rated wall assembly division, separating living areas from the lowest level through the roof, is required between each dwelling unit.
(a) Regulations: In the MDR District, no more than 4 dwellings shall be attached.
(9) Multiple-family. This dwelling unit type consists of three or more dwelling units, each of which takes access from a shared entrance or hallway. A minimum city Building Code required fire-rated wall assembly division, separating living areas from the lowest level to the underside of the roof, is required between each dwelling unit.
(10) Mobile home. This dwelling unit type consists of a fully detached, single-family residence, which has not received a Federal Manufactured Housing Certificate and which is located on an individual lot or within a group development. This dwelling unit type may not be split into two or more residences.
(a) Regulations: Within 30 days of occupancy, the owner shall remove the axle and install skirting.
(11) Mobile home subdivision. This land use is a form of residential development which is exclusively reserved for individually sold lots containing mobile home units. Each of the lots and mobile home units must meet the requirements for mobile homes listed in division (A)(10) above.
(a) Regulations:
1. Development shall be located so as to blend with adjacent residentially zoned areas to the greatest extent possible.
2. Mobile home residential developments shall provide a Type I bufferyard along all property borders abutting residentially zoned property which is the same requirement for the High Density Residential District, as specified in § 154.605.
3. No access shall be permitted to local residential streets.
(12) Mobile home park (rental/condo park). This land use is a form of residential development which is exclusively reserved for individually sold or rented air right pads containing mobile home units. Each of the lots and mobile home units must meet the requirements for mobile homes listed in division (A)(10) above.
(a) Regulations:
1. Development shall be located so as to blend with adjacent residentially zoned areas to the greatest extent possible.
2. Mobile home park residential developments shall provide a Type I bufferyard along all property borders abutting residentially zoned property which is the same requirement for the High Density Residential District, as specified in § 154.605.
3. No access shall be permitted to local residential streets.
(13) Boarding house. A boarding house is a dwelling or part thereof, in which lodging is provided by the owner or operator to more than three boarders up to a maximum of eight boarders unrelated to the proprietor. A boarding house is a facility in which rental sleeping accommodations are provided and meals may also be supplied as part of the rent. This is a non-temporary, long-term occupancy of 30 days or more. Access to rooms is made through principal and secondary access points of the dwelling and connecting corridors and staircases. Supervision of a boarding house is maintained at all hours of the day and night from with the building.
(a) Regulations:
1. Facility shall provide a Type I bufferyard along all property borders abutting residentially zoned property, as specified in § 154.605.
2. Facility shall be located in an area of transition from residential land uses to nonresidential land uses.
(14) Group/institutional residential - small. This land use is a form of residential development designed to accommodate institutional residential land uses (such as retirement homes, nursing homes, convents, and dormitories) as well as group residential land uses, including child welfare agencies, group homes for children, and community based residential facilities. Such uses provide shelter to two or more unrelated individuals living together as a single house-keeping unit. No individual lots are required, although the development shall contain a minimum of 800 square feet of gross site area for each occupant of the development. A minimum of 30% of the development's gross site area (GSA) shall be held as permanently protected green space. For purposes of this chapter, such uses are defined as either "large" or "small." Small uses have eight persons or fewer residents, plus supervisory or overnight personnel.
(a) Institutional residential uses - regulations:
1. The proposed site shall be located so as to avoid disruption of an established or developing office area.
2. Institutional residential developments shall be designed so as to maintain the character of the adjacent properties.
(b) Group residential uses - regulations:
1. No group residential use shall be established within 2,500 feet of any other such use regardless of its capacity.
2. The applicant shall demonstrate that the total capacity of all community living arrangements (of all capacities) in the city shall not exceed 1% of the city's population (unless specifically authorized by the Zoning Board of Appeals following a public hearing).
3. Foster homes housing eight or fewer children and licensed under ILCS Ch. 225, Act 10, § 2.17 shall not be subject to division (A)(14)(b)1. above; and shall not be subject to, or count toward, the total arrived at in division (A)(14)(b)2. above.
(15) Group/institutional residential - large. This land use is a form of residential development designed to accommodate institutional residential land uses (such as retirement homes, nursing homes, convents, and dormitories) as well as group residential land uses, including child welfare agencies, group homes for children, and community based residential facilities. Such uses provide shelter to two or more unrelated individuals living together as a single housekeeping unit. No individual lots are required, although the development shall contain a minimum of 800 square feet of gross site area for each occupant of the development. A minimum of 30% of the development's gross site area (GSA) shall be held as permanently protected green space. For purposes of this Chapter, such uses are defined as either "large" or "small." Large uses have more than eight persons, plus supervisory or overnight personnel.
(a) Institutional residential uses - regulations:
1. Shall be located with primary vehicular access on a collector or arterial street.
2. No access shall be permitted to a local residential street.
3. Applicant shall provide off-street passenger loading area at a minimum of one location within the development.
4. All structures shall be located a minimum of 50 feet from any residentially zoned property which does not contain an institutional residential land use.
(b) Group residential uses - regulations:
1. No community living arrangement shall be established within 2,500 feet of any other such facility, regardless of capacity.
2. The applicant shall demonstrate that the total capacity of all community living arrangements (of all capacities) in the city shall not exceed 1% of the city's population (unless specifically authorized by the Zoning Board of Appeals following a public hearing).
(B) Principal agricultural land uses.
(1) Cultivation. Cultivation land uses include all operations primarily oriented to the on-site, indoor and outdoor raising of plants. This land use includes trees which are raised as a crop to be replaced with more trees after harvesting, such as in nursery or Christmas tree operations and commercial greenhouse operations. The raising of plants for consumption by farm animals is considered cultivation if said plants are consumed by animals which are located off-site.
(a) Regulations:
1. On lots zoned or platted for non-agricultural uses, cultivation areas shall not exceed 20% of the lot's area.
2. Cultivation areas shall not be located within the required front yard or street yard of any lot zoned or platted for non-agricultural uses.
3. Agricultural land uses are hereby made exempt from the surfacing requirements of § 154.601(G)(1).
(2) Husbandry. Husbandry land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity of less than one animal unit per acre (as defined in § 154.015). Apiaries are considered husbandry land uses.
(a) Regulations:
1. Any building housing animals shall be located a minimum of 300 feet from any residentially zoned property, and 100 feet from all other lot lines.
2. All outdoor animal containments (pastures, pens, and similar areas) shall be located a minimum of 10 feet from any residentially zoned property.
3. Agricultural land uses are hereby made exempt from the surfacing requirements of § 154.601(G)(1).
(3) Agricultural service. Agricultural service land uses include all operations pertaining to the sale, handling, transport, packaging, storage, or disposal of agricultural equipment, products, by-products, or materials primarily used by agricultural operations. Examples of such land uses include agricultural implement sales, storage, or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other packaging facilities; and agricultural waste disposal facilities (except commercial composting uses, see § 154.406(E)(6)).
(a) Regulations:
1. Shall not be located in, or adjacent to, an existing or platted residential subdivision.
2. All buildings, structures, outdoor storage areas, and outdoor animal containments (pastures, pens and similar areas) shall be located a minimum of 100 feet from all lot lines.
3. If within the LA Distnct, shall be located in an area which is planned to remain commercially viable for agricultural land uses.
4. Agricultural land uses are hereby made exempt from the surfacing requirements of § 154.601(G)(1).
(4) On-site agricultural retail. On-site agricultural retail land uses include land uses solely associated with the sale of agricultural products grown exclusively on the site. The sale of products grown or otherwise produced off-site shall not be permitted within on-site agricultural retail operations as such activity constitutes retail sales as a commercial land use. Packaging and equipment used to store, display, package or carry products for the convenience of the operation or its customers (such as egg cartons, baskets, containers, and bags) shall be produced off-site.
(a) Regulations:
1. No structure or group of structures shall exceed 500 square feet in floor area.
2. No structure shall exceed 12 feet in height.
3. All structures shall meet all required setbacks for nonresidential land uses.
4. Signage shall be limited to one on-site sign which shall not exceed 30 square feet in area.
5. Such land use shall be served by no more than one driveway. Said driveway shall require a valid driveway permit.
6. A minimum of one parking space shall be required for every 200 square feet of product display area.
7. The sale of products which are grown or otherwise produced on non-adjacent property under the same ownership, or on property under different ownership, shall be prohibited.
8. Said structure and fencing shall be located a minimum of 300 feet from any residentially zoned property.
9. Agricultural land uses are hereby made exempt from the surfacing requirements of § 154.601(G)(1).
(5) Selective cutting. Selective cutting land uses include any operation associated with the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction of trees (including by fire) where the extent of such activity is limited to an area (or combined areas) of less than or equal to 30% of the woodlands on the property (or up to 100% for developments approved prior to the effective date of this chapter). Selective cutting activity shall be limited to areas located within development pads which are designated on recorded plats or approved site plans. The destruction of trees in an area in excess of this amount of the woodlands on the property shall be considered clear cutting, (see division (B)(7) below).
(6) Clear cutting. Clear cutting land uses include the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction (including by fire) of trees in an area (or combined areas) of more than 30% of the woodlands on a property (or up to 100% for developments approved prior to the effective date of this chapter). Clear cutting is permitted only as a special use within the jurisdiction of this chapter. Areas which have been clear cut as a result of intentional action following the effective date of this chapter without the granting of a special use permit are in violation of this chapter. The property owner may be fined for such violation (in accordance with the this code of ordinances) and shall be required to implement the mitigation standards required for the destruction of woodlands solely at his/her expense, including costs associated with site inspection to confirm the satisfaction of mitigation requirements. Areas which have been clear cut unintentionally as a result of fire shall not subject the owner of the property to fines associated with the violation of this chapter or the mitigation requirements.
(a) Regulations:
1. Applicant shall demonstrate that clear cutting will improve the level of environmental protection on the subject property.
2. Areas of the subject property which are clear cut beyond the limitations established above shall be replanted per the requirements of § 154.507(E). (Referenced section requires the replanting of trees in other portions of the subject property - thereby freeing the currently wooded area for development while ensuring that the amount of required wooded area on the subject property remains constant.)
3. Clear cutting shall not be permitted within a required bufferyard or landscaped area (see § 154.404).
(7) Intensive agriculture. Intensive agricultural land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity equal to or exceeding one animal unit (as defined in § 154.015) per acre and/or agricultural activities requiring large investments in structures. Examples of such land uses include feed lots, hog farms, poultry operations, fish farms, and certain other operations meeting this criterion.
(a) Regulations: All intensive agriculture land uses are prohibited in the city.
(8) Adult-use cannabis cultivation. The following components of the adult-use cannabis facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties.
(a) Additional requirements to be designated in special use permit.
1. Hours of operation and anticipated number of customers/employees.
2. Anticipated parking demand based on Table 154.601.3 and available private parking supply.
3. Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.
4. Proposed signage plan.
5. Compliance with all requirements provided in division (B)(8)(b)1. (Adult-Use Cannabis Craft Grower); division (B)(8)(b)2. (Adult-Use Cannabis Cultivation Center), as applicable.
(b) Allowable uses and detailed regulations under this division (B)(8):
1. Adult-use cannabis craft grower. In those zoning districts in which an adult-use cannabis cultivation may be located, the proposed adult-use cannabis craft grower facility must comply with the following:
A. Facility may not be located within 1,000 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school or day care center. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this division (B)(8)(b)1.A.
B. Facility may not be located within 250 feet of the property line of a pre-existing property in a residential zoning district.
C. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
D. For purposes of determining required parking, adult-use cannabis craft grower shall be classified as “adult-use cannabis cultivation” per Table 154.601.3 (Minimum Required Parking Spaces: Principal Agricultural Uses), provided, however, that the city may require that additional parking be provided as result of the analysis completed through § 154.924 (Special Use Permits) herein.
E. Petitioner shall file an affidavit with the city affirming compliance with division (B)(8)(b)1. as provided herein and all other requirements of the Act.
F. Additional requirements. Petitioner shall install building enhancements such as security cameras, lighting or other improvements as set forth in the conditional use permit to ensure the safety of employees and customers of the adult-use cannabis business establishments as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
2. Adult-use cannabis cultivation center. In those zoning districts in which an adult-use cannabis cultivation center may be located, the proposed facility must comply with the following:
A. Facility may not be located within 1,000 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school or day care center. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this division (B)(8)(b)2.
B. Facility may not be located within 250 feet of the property line of a pre-existing property in a residential zoning district.
C. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
D. For purposes of determining required parking, adult-use cannabis cultivation centers shall be classified as “adult-use cannabis cultivation” per Table 154.601.3 (Minimum Required Parking Spaces: Principal Agricultural Uses), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through § 154.924 (Special Use Permits) herein.
E. Petitioner shall file an affidavit with the city affirming compliance with division (B)(8)(b)2. as provided herein and all other requirements of the Act.
F. Additional requirements. Petitioner shall install building enhancements such as security cameras, lighting or other improvements, as set forth in the conditional use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments. as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located consistent with the requirements of the Act.
(C) Principal recreational and institutional land uses.
(1) Recreation, outdoor - passive public. Passive outdoor public recreational land uses include all recreational land uses located on public property which involve passive recreational activities. Such land uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross country ski trails, horse trails, open grassed areas not associated with any particular active recreational land use (see division (C)(2) below), picnic areas, picnic shelters, gardens, fishing areas, and similar land uses.
(2) Recreation, outdoor - active public. Active outdoor public recreational land uses include all recreational land uses located on public property which involves active recreational activities. Such land uses include play-courts (such as tennis courts and basketball courts), playfields (such as ball diamonds, football fields, and soccer fields), tot lots, outdoor swimming pools, swimming beach areas, fitness courses, public golf courses, horse trails and similar land uses.
(a) Regulations:
1. Facilities using night lighting shall install and continually maintain a Type III bufferyard adjacent to residentially zoned property, as specified in § 154.605.
2. All structures and active recreational areas shall be located a minimum of 50 feet from any residentially zoned property.
3. Facilities which serve a community-wide function shall be located with primary vehicular access on a collector or arterial street.
4. Facilities which serve a regional or community-wide function shall provide an off-street passenger loading area if the majority of the users will be children.
(3) Recreation, outdoor - private campground/camping resort. Campgrounds include any facilities designed for overnight accommodation of persons in tents, travel trailers, or other mobile or portable shelters or vehicles.
(a) Regulations: Facility shall provide a Type IV bufferyard along all property borders abutting residentially zoned property, as specified in § 154.605.
(4) Institutional, outdoor. Outdoor institutional land uses include public and private cemeteries, privately held permanently protected green space areas, country clubs, non-public golf courses, and similar land uses.
(a) Regulations:
1. Shall be located with primary vehicular access on a collector or arterial street.
2. Shall provide off-street passenger loading area if a significant proportion of the users will be children.
3. All structures and actively used outdoor recreational areas shall be located a minimum of 50 feet from any residentially zoned property.
4. Facilities using night lighting shall install and continually maintain a Type III bufferyard adjacent to residentially zoned property, as specified in § 154.605.
(5) Institutional, indoor – day care center. Group day care centers are land uses in which qualified persons provide child care services independent of residential use. Examples of such land uses include day care centers and nursery schools. Such land uses shall not be located within a residential building. Such land uses may be operated on a for-profit or a not-for-profit basis. Such land uses may be operated in conjunction with another principal land use on the same environs, such as a church, school, business, or civic organization. In such instances, group day care centers are not considered as accessory uses and therefore require review as a separate land use.
(a) Regulations:
1. Facility shall provide a Type III bufferyard along all property borders abutting residentially zoned property, as specified in § 154.605.
2. Property owner's permission is required as part of the special use permit application.
(6) Institutional, indoor - general. Indoor institutional land uses include all indoor public and not-for-profit recreational facilities (such as gyms, swimming pools, libraries, museums, and community centers), schools, churches, nonprofit clubs, nonprofit fraternal organizations, and similar land uses.
(a) Regulations:
1. Shall be located with primary vehicular access on a collector or arterial street.
2. Shall provide off-street passenger loading area if the majority of the users will be children (as in the case of a school, church, library, or similar land use.
3. All structures shall be located a minimum of 50 feet from any residentially zoned property.
(7) Institutional, indoor - intensive. Intensive indoor institutional land uses include all public and non-profit arenas, convention centers, hospitals, jails, prisons, and similar uses of a size and character that would be inconsistent with the districts in which general institutional uses are permitted and which typically serve the needs of the region as opposed to the community.
(a) Regulations:
1. Shall be located with primary vehicular access on a collector or arterial street.
2. Shall provide off-street passenger loading area.
3. All structures shall be located a minimum of 50 feet from any residentially zoned property.
(8) Public service and utilities. Public service and utilities land uses include all city, county, state and federal facilities (except those otherwise noted in this section), emergency service facilities such as fire departments and rescue operations, wastewater treatment plants, public and/or private utility substations, water towers, utility and public service related distribution facilities, and similar land uses.
(a) Regulations:
1. Outdoor storage areas shall be located a minimum of 50 feet from any residentially zoned property.
2. All outdoor storage areas shall install and continually maintain a Type III bufferyard adjacent to residentially zoned property, as specified in § 154.605.
3. All structures shall be located a minimum of 20 feet from any residentially zoned property.
4. The exterior of all buildings shall be compatible with the exteriors of surrounding buildings.
(D) Principal commercial land uses.
(1) Office. Office land uses include all exclusively indoor land uses whose primary functions are the handling of information or administrative services. Such land uses do not typically provide services directly to customers on a walk-in or on-appointment basis.
(2) Personal or professional service. Personal service and professional service land uses include all exclusively indoor land uses whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis. Examples of such uses include professional services, insurance or financial services, realty offices, medical offices and clinics, veterinary clinics, barber shops, beauty shops, and related land uses.
(3) Artisan studio. A building or portion thereof used for the preparation, display and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather-craft, hand-woven articles, and related items, as either a principal use or accessory use. A studio is used by no more than three artists or artisans.
(a) Regulations: In the Limited Agriculture (LA), Countryside Residential (CSR), and Neighborhood Office (NO), Low Density Residential (LDR) and Medium Density Residential (MDR) Districts, a studio shall be used by no more than three artists or artisans.
(4) Sales and service, indoor. Indoor sales and service land uses include all land uses which conduct or display sales or rental merchandise or equipment, or non-personal or non-professional services, entirely within an enclosed building. This includes self-service facilities such as coin-operated laundromats. Depending on the zoning district, such land uses may or may not display products outside of an enclosed building. Such activities are listed as "Outdoor Display, Removable" under "Accessory Commercial Uses" in Table 154.403.1 and § 154.406(K)(8). A land use which contains both indoor sales and outdoor sales exceeding 15% of the total sales area of the building(s) on the property shall be considered as an outdoor sales land use (See division (D)(5) below). Artisan studios are regulated in division (D)(3) above.
(a) Regulations: Within the PO and PI Districts, permitted uses shall be limited to indoor sales and personal services which primarily support office tenants such as office supply stores, copy centers and travel agencies.
(5) Sales and service, outdoor display. Outdoor display land uses include all land uses which conduct sales, display sales or rental merchandise or equipment outside of an enclosed building. Examples of such land uses include vehicle sales, vehicle rental, manufactured and mobile housing sales and monument sales. The area of outdoor sales shall be calculated as the area which completely encompasses all materials displayed outdoors. Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard. Land uses which conduct or display only a limited amount of product outside of an enclosed building, are listed separately in division (D)(4) above.
(a) Regulations:
1. The display of items shall not be permitted in permanently protected green space areas, required landscaped areas, or required bufferyards.
2. The display of items shall not be permitted within required setback areas for the principal structure.
3. In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 154.601(H). If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.
4. Display areas shall be separated from any vehicular parking or circulation area by a minimum of 10 feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.
5. Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.
6. Outdoor display shall be permitted during the entire calendar year, however, if goods are removed from the display area all support fixtures used to display the goods shall be removed within 10 calendar days of the goods removal.
7. Inoperative vehicles or equipment, or other items typically stored or displayed in a junkyard or salvage yard, shall not be displayed for this land use.
8. Facility shall provide a Type III bufferyard along all borders of the display area abutting residentially zoned property, as specified in § 154.605.
(6) Sales and service, in-vehicle. In-vehicle sales and service land uses include all land uses which perform sales and/or services to persons in vehicles, or to vehicles which may or may not be occupied at the time of such activity (except vehicle repair and maintenance services, see division (D)(16) below). Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up, and drive-through facilities, vehicular fuel stations, and all forms of car washes. If performed in conjunction with a principal land use (for example, a convenience store, restaurant or bank), in-vehicle sales and service land uses shall be considered an accessory use. (See § 154.402(C))
(a) Regulations:
1. Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the facility adjacent to the drive-through lane(s).
2. The drive-through facility shall be designed so as to not impede or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian/vehicular conflicts.
3. In no instance shall a drive-through facility be permitted to operate which endangers the public safety, even if such land use has been permitted under the provisions of this section.
4. The setback of any overhead canopy or similar structure shall be a minimum of 10 feet from all street rights-of-way lines, a minimum of 20 feet from all residentially-zoned property lines, and shall be a minimum of 10 feet from all other property lines. The total height of any overhead canopy or similar structure shall not exceed 20 feet as measured to highest part of structure.
5. All vehicular areas of the facility shall provide a surface paved with concrete or bituminous material which is designed to meet the requirements of a minimum 4-ton axle load.
6. Facility shall provide a Type III bufferyard along all property borders abutting residentially zoned property, as specified in § 154.605.
7. Interior curbs shall be used to separate driving areas from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports and landscaped islands. Said curbs shall be a minimum of six inches high and be of a non-mountable design. No curb protecting an exterior fixture shall be located closer than 25 feet to all property lines.
8. Any text or logo larger than one square foot per side on an overhead canopy or other accessory structure shall be considered a freestanding sign subject to regulation under §§ 154.801 through 154.815.
(7) Public accommodations, bed and breakfast. A bed and breakfast shall have a maximum of five bedrooms for guests. A bed and breakfast must be a single-family dwelling, except as otherwise noted in this section, and have historic and/or architectural significance of sufficient merit to qualify as a place that would be clearly attractive to guests. A structure used for this purpose must have been in existence as of 1900. A bed and breakfast shall afford to its guests an opportunity to visit with the owner and other guests in a home-like environment. It is the intention of the city to restrict the number of bed and breakfasts and to encourage the use of single-family dwellings for residential purposes in order to maintain the integrity of residential neighborhoods. Therefore, no one owner may own or operate more than one bed and breakfast. A special use permit to operate a bed and breakfast shall not be granted for a building detached from the owner occupied principal residence, or for a building on a lot contiguous thereto, within any residential district.
(a) Regulations:
1. House size. It is the intention of the city that bed and breakfasts be limited to larger homes whereby a special use would benefit the city and surrounding area by allowing an appropriate adaptive use for such dwellings. This is in recognition that the expense of owning and maintaining larger historic homes has made them less suitable for single-family dwellings than they once were.
2. Original bedrooms. The number of original bedrooms indigenous to a particular house will be considered.
3. Lot capacity. The capacity of a particular zoning lot to absorb the impact of a bed and breakfast operation shall be considered and consideration shall be given to usable lot size, topography, existing vegetation, parking requirements, the location of the bed and breakfast on the lot and the proximity of the bed and breakfast to neighboring houses in determining the number of guest rooms to be permitted in a bed and breakfast.
4. Availability and impact of parking. The availability of on-street and off-street parking shall be considered. The physical and aesthetic impact of off-street parking located on the lot shall not be detrimental to the existing character of the lot and the surrounding neighborhood. It shall be a priority to preserve green space. Generally, the capacity of a lot to accommodate off-street parking shall be related to the size and nature of the lot, as stated in (D)(7)(a)3. above. Rental of parking spaces on property other than the lot of the bed and breakfast shall not be allowed.
(For further requirements, refer to (D)(7)(b) below.)
5. Criteria guiding the determination of number of guest rooms permissible in a bed and breakfast. Refer to Table 154.406.1.
MAXIMUM NUMBER GUEST ROOMS PERMITTED (1) | MINIMUM NUMBER OF ORIGINAL BEDROOMS (1) | MINIMUM GROSS HOUSE SIZE (Sq. Ft.) (2) |
MINIMUM LOT SIZE (Sq. Ft.) | MAXIMUM OFF-STREET PARKING SPACES REQUIRED PER LOT SIZE (3) |
MAXIMUM NUMBER GUEST ROOMS PERMITTED (1) | MINIMUM NUMBER OF ORIGINAL BEDROOMS (1) | MINIMUM GROSS HOUSE SIZE (Sq. Ft.) (2) |
MINIMUM LOT SIZE (Sq. Ft.) | MAXIMUM OFF-STREET PARKING SPACES REQUIRED PER LOT SIZE (3) |
2 | 3 | 2,500 - 2,999 | 5,000 | 3/7,500 |
3 | 4 | 3,000 - 3,499 | 7,000 | 4/10,009 |
4 | 5 | 3,500 - 4,999 | 12,000 | 5/12,500 |
5 | 6 | 5,000 and up | 20,000 | 6-8/20,000 |
Footnotes: | ||||
1 Assuming owner personally utilizes only one bedroom. | ||||
2 Overall house size is to be determined by using outside dimensions and then calculating all areas improved for internal year-round living including habitable rooms and all closets, hallways, stairways, bathrooms and full height storage rooms, but not including any uninhabitable basement or attic areas, garages, porches, stoops, sheds, or other accessory buildings. | ||||
3 Includes spaces used by residents and assumes that usage of the lot is not diminished by unusual conditions, such as, topography. | ||||
6. Additional information or requirements to be designated in special use permit.
a. A copy of the application for the special use permit containing the information required by (D)(7)(a)7. below, together with any modifications to any of the information as may be required by the Zoning Board of Appeals. The purpose of this is so that the special use permit shall contain a record of the information on which the special use permit is based;
b. No bed and breakfast shall commence doing business until a bed and breakfast license has been issued by the city;
c. Proof of registration with the Illinois Department of Revenue and Jo Daviess County for hotel/motel taxes shall be given to the Zoning Administrator within 90 days after issuance of the bed and breakfast license;
d. Records of payments made to the Illinois Department of Revenue and Jo Daviess County for hotel/motel taxes shall be submitted with the application for renewal of the bed and breakfast license, for renewal of the special use permit, or upon reasonable request, at any time, by the Zoning Administrator;
e. Each bed and breakfast owner shall maintain a guest register; and
f. The bed and breakfast operator shall comply with the minimum standards relating to serving breakfast and the minimum standards relating to linen, towels, wash cloths and soaps, as set forth in the Illinois Bed and Breakfast Act (ILCS Ch. 50, Act 820).
7. Application: contents. An application for a bed and breakfast special use permit shall include such information as the Zoning Administrator or the Zoning Board of Appeals may require, but, at a minimum, shall include the following:
a. A site plan depicting all existing conditions of and proposed modifications to buildings, walks, drives, parking, berming, planting, fencing, signage and lighting. Pertinent elevations or perspective drawings may be requested for more accurate review of various details;
b. Photographs of the proposed bed and breakfast, accessory buildings and zoning lot;
c. Floor plan of the proposed bed and breakfast showing all rooms and designation of room usage; and
d. In the case of special use permit renewal applications, records of payments made to the Illinois Department of Revenue and Jo Daviess County for hotel/motel taxes shall be submitted.
8. Existing nonconforming situations. Property owners granted special use permits for bed and breakfasts prior to August 1, 1989, and their heirs and assigns, shall only be required to meet bed and breakfast zoning requirements in force at the time the bed and breakfast special use permit was initially granted provided the bed and breakfasts meet all city licensing requirements, comply with all laws of the state, and satisfy divisions (D)(7)(a)6.c. and (D)(7)(a)7.d. above.
(b) Parking requirements. One space for each bed and breakfast, sleeping room or suite, plus one additional space for the owner; however, parking requirements may be partially satisfied by permitting on-street parking along the frontage of the lot on which the bed and breakfast is located, unless such would have a negative impact on the site or immediate neighborhood of the site. (Refer to § 154.601(H)(3)(a) and Table 154.601.3.)
(8) Public accommodations, small inn. A building, or portion thereof functioning to provide six to eight guest rooms for up to a maximum of 16 guests. Access to rooms is made through principal and secondary access points of the building and connecting corridors and staircases. Supervision of a small inn is maintained at all hours of the day and night from within the building or on-premise and meals may or may not be served.
(a) Regulations:
1. Building size. It is the intention of the city that small inns be limited to larger existing historic structures. Such structures shall include larger residential structures, structures that were originally constructed to provide public accommodations or other nonresidential structures, whereby a special use would benefit the city and surrounding area by allowing an appropriate adaptive use for such structures. This is in recognition of the expense of owning and maintaining larger historic structures.
2. Number of guestrooms. In the case of structures originally constructed as a residence or to provide public accommodations, the number of original bedrooms indigenous to a particular structure will be considered. In the case of other nonresidential structures, the number of guest rooms will be determined by the size of the building and the regulations for such use found in the city’s adopted Building Codes, Life Safety and Fire Codes, Electrical Code, the Americans with Disabilities Act and any other codes of the city.
3. Lot capacity. The capacity of a particular lot to absorb the impact of a small inn operation shall be considered and consideration shall be given to usable lot size, topography, existing vegetation, parking requirements, the location of the small inn on the lot and the proximity of the small inn to neighboring properties in determining the number of guest rooms to be permitted in a small inn.
4. One space for each guest room, sleeping room or suite, plus one additional space for the owner or manager shall be required. (Refer to § 154.601(H)(3)(a) and Table 154.601.3).
a. In the Downtown Commercial District, small inns in existence at the time of adoption of this section are exempt from meeting off-street parking requirements.
b. Rental of parking spaces on property other than the lot of the small inn shall not be allowed.
5. Additional information or requirements to be designated in special use permit. (Refer to § 154.924 - Special Uses.)
a. A copy of the application for the special use permit containing the information required by division (D)(8)(a)7. below, together with any modifications to any of the information as may be required by the Zoning Board of Appeals. The purpose of this is so that the special use permit shall contain a record of the information on which the special use permit is based;
b. No small inn shall commence doing business until a small inn license has been issued by the city;
c. Proof of registration with the Illinois Department of Revenue and Jo Daviess County for hotel/motel taxes shall be given to the Zoning Administrator within 90 days after issuance of the small inn license;
d. Records of payments made to the Illinois Department of Revenue and Jo Daviess County for hotel/motel taxes shall be submitted with the application for renewal of the small inn license, or upon reasonable request, at any time, by the Zoning Administrator;
e. Each small inn owner shall maintain a guest register; and
f. Small inns in Low Density Residential districts shall be owner occupied with the owner residing in the principal structure or within a habitable accessory structure on the same property and not more than 150 feet from the principal structure.
6. Application: contents. An application for a small inn special use permit shall include such information as the Zoning Administrator or the Zoning Board of Appeals may require, but, at a minimum, shall include the following:
a. A site plan depicting all existing conditions of and proposed modifications to buildings, walks, drives, parking, berming, planting, fencing, signage and lighting. Pertinent elevations or perspective drawings may be requested for more accurate review of various details;
b. Photographs of the proposed small inn, accessory buildings and zoning lot;
c. Floor plan of the proposed small inn showing all rooms and designation of room usage; and
d. In the case of special use permit renewal applications, records of payments made to the Illinois Department of Revenue and Jo Daviess County for hotel/motel taxes shall be submitted.
7. Existing nonconforming situations. Property owners granted special use permits for small inns prior to August 1, 1989, and their heirs and assigns, shall only be required to meet small inn zoning requirements in force at the time the small inn special use permit was initially granted provided the small inns meet all city licensing requirements, comply with all laws of the state, and satisfy subsections above.
(9) Accommodations, hotel/motel. Hotel and motel facilities include land uses which provide overnight housing in more than eight rooms and serving more than 16 guests in individual rooms or suites of rooms, each room or suite having a private bathroom. Such land uses may provide in-room or in-suite kitchens, and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurant, arcades, fitness centers, and other on-site facilities available to non-lodgers are not considered accessory uses and therefore require review as a separate land use.
(a) Regulations:
1. If located on the same side of a building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within 100 feet of a residentially zoned property.
2. Facility shall provide a Type III bufferyard along all property borders abutting residentially zoned property, as specified in § 154.605.
3. Within the PO and PI Districts, each and every room must take primary access via an individual interior door, and may not be accessed via an external balcony, porch or deck, except for emergency purposes.
(10) Entertainment, indoor commercial. Indoor commercial entertainment land uses include all land uses which provide entertainment services entirely within an enclosed building. Such activities often have operating hours which extend significantly later than most other commercial land uses. Examples of such land uses include restaurants, taverns, theaters, health or fitness centers, all forms of training studios (dance, art, martial arts, etc.), bowling alleys, arcades, roller rinks, and pool halls.
(a) Regulations:
1. If located on the same side of the building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within 150 feet, or as far as possible, of a residentially zoned property.
2. Facility shall provide a Type III bufferyard along all borders of the property abutting a residentially zoned property, as specified in § 154.605.
(11) Entertainment, outdoor commercial. Outdoor commercial entertainment land uses include all land uses which provide entertainment services partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash and late operating hours. Examples of such land uses include volleyball, horseshoe and related facilities associated with entertainment land uses, outdoor commercial swimming pools, driving ranges, miniature golf facilities, amusement parks, drive-in theaters, go-cart tracks, racetracks and horse drawn carriage activities.
(a) Regulations:
1. Activity areas shall not be located closer than 300 feet to a residentially zoned property.
2. Facility shall provide a Type IV bufferyard along all borders of the property abutting residentially zoned property, as specified in § 154.605.
3. Activity areas (including drive-in movie screens) shall not be visible from any residentially-zoned property.
4. The above regulations will not apply to the harnessing and hitching activities associated with horse drawn carriages provided that these activities are performed by a city approved and tour licensed operator.
(12) Entertainment, adult. Adult enter- tainment land uses, or adult-oriented establishments, shall include, but are not limited to, adult bookstores, adult motion picture theaters, adult mini-motion picture establishments, or adult cabarets. They further include any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron, or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.
(a) Definitions:
ADULT BOOKSTORE. An establishment that uses 40% of its business floor area and/or inventory of merchandise in trade, for sale, rent, lease, inspection or viewing, books, films, video cassettes, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or related to specified anatomical areas, as defined below, or an establishment with a segment or section devoted to the sale, rent, or display of such material. The adult books and movies shall be clearly separated from the mainstream books and videos by an enclosed area that has its own sales person.
ADULT CABARET. A cabaret which features topless dancers, strippers, male or female impersonators, or similar entertainers.
ADULT EXHIBITION. Any exhibition of any motion pictures, live performances, display or dance of any type, which has as its dominant theme, or is distinguished or characterized by an emphasis on, actual or simulated specified sexual activities, or specified anatomical areas, as defined below.
ADULT MINI-MOTION PICTURE THEATER. An enclosed building with a capacity of 50 or more persons used for presenting materials distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities, or specified anatomical areas, as defined below, for observation by patrons therein.
ADULT MOTION PICTURE THEATER. An enclosed building with a capacity of 50 or more persons used for presenting materials distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities, or specified anatomical areas, as defined below, for observation by patrons therein.
SPECIFIED ANATOMICAL AREAS.
a. Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breasts below the point immediately above the top of the areola;
b. Human male genitals in a discernable turgid state, even if opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Simulated or actual:
a. Showing of human genitals in a state of sexual stimulation or arousal;
b. Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, fellatio or cunnilingus; and/or
c. Fondling or erotic touching of human genitals, pubic region, buttocks, or female breasts.
(b) NOTE: The incorporation of this subsection into this chapter is designed to reflect the City Council's official finding that adult entertainment land uses have a predominant tendency to produce certain undesirable secondary effects on the surrounding community, as has been demonstrated in other, similar jurisdictions. Specifically, the City Council is concerned with the potential for such uses to limit: the attractiveness of nearby locations for new development, the ability to attract and/or retain customers, and the ability to market and sell nearby properties at a level consistent with similar properties not located near such facilities. It is explicitly not the intent of this subsection to suppress free expression by unreasonably limiting alternative avenues of communication, but rather to balance the need to protect free expression opportunities with the need to implement the city's Comprehensive Plan and protect the character and integrity of its commercial and residential neighborhoods.
(c) Location of adult entertainment establishments:
1. The location shall conform to ILCS Ch. 65, Act 5, § 11-1.5, as amended by Senate Bill 2277 and effective November 23, 2004, which requires that adult entertainment businesses shall be prohibited within 3,000 feet of the property boundaries of any school, day care center, cemetery, public park, forest preserve, public housing, and place of religious worship. These boundaries have been identified on the official Adult Entertainment Business Map of the City of Galena.
2. In the Light Industrial (LI) and Heavy Industrial (HI) Zoning Districts, adult entertainment establishments shall be allowed as a special use, provided that such establishments are not located within 3,000 feet of any residential zone, any public or private school, church, religious institution, or any public park, and shall not locate within 3,000 feet of any other adult entertainment establishment.
3. Adult entertainment establishments as defined above are prohibited in all zoned except those areas of the LI and HI zoning districts as shown on the official Adult Entertainment Business Map of the City of Galena.
4. Exterior building appearance and signage shall be designed to ensure that the use does not detract from the ability of businesses in the vicinity to attract customers, nor affect the marketability of properties in the vicinity for sale at their assessed values.
5. Peep shows and lap dancing shall be prohibited.
(d) Standards of measurement. The distances provided in this subsection shall be measured in a straight line without regard to intervening structures or objects from the closest point of the structure or portion of the structure occupied or proposed for occupancy by the adult entertainment establishment to the nearest point of the parcel or property or land use district boundary from which the proposed land use is to be separated.
(e) Conformance with this chapter. In all zones where adult entertainment establishments are permitted, all regulations and requirements of this chapter must be met. Additionally, all provisions of the zoning district in which the establishment is located must be met. Refer to Table 154.403.1 Permitted Land Uses, § 154.924 Special Use Permits for the regulations for permitting of adult entertainment businesses and special uses, and Chapter 117 for the adult entertainment business licensing regulations.
(f) Severability. The paragraphs of this division are declared to be severable. If any paragraph or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specified paragraph or portion thereof directly specified in the decision and not affect the validity of all other provisions, paragraphs, or portions thereof of the ordinance which shall remain in full force and effect.
(13) Maintenance service, indoor. Indoor maintenance services include all land uses which perform maintenance services (including repair) and contain all operations (except loading) entirely within an enclosed building. Because of outdoor vehicle storage requirements, vehicle repair and maintenance is considered a vehicle repair and maintenance land use. (See division (D)(16) below)
(14) Maintenance service, outdoor. Out- door maintenance services include all land uses which perform maintenance services, including repair, and have all, or any portion, of their operations located outside of an enclosed building.
(a) Regulations:
1. All outdoor activity areas shall be completely enclosed by a minimum six feet high fence. Such enclosure shall be located a minimum of 50 feet from any residentially zoned property and shall be screened from such property by a bufferyard.
2. Facility shall provide a Type III bufferyard along all borders of the property abutting residentially zoned property, as specified in § 154.605.
(15) Commercial animal boarding. Commercial animal boarding facility land uses include land uses which provide short-term and/or long-term boarding for animals. Examples of these land uses include commercial kennels and commercial stables. Exercise yards, fields, training areas, and trails associated with such land uses are considered accessory to such land uses and do not require separate consideration.
(a) Regulations:
1. Each animal shall be provided with an indoor containment area.
2. The minimum permitted size of a horse or similar animal stall shall be 100 square feet.
3. Special events such as shows, exhibitions, and contests shall only be permitted when a temporary use permit has been secured, see § 154.913.
(16) Vehicle repair and maintenance service. Vehicle repair and maintenance services include all land uses which perform maintenance services (including repair) to motorized vehicles and contain all operations (except vehicle storage) entirely within an enclosed building.
(a) Regulations:
1. Storage of abandoned vehicles is prohibited.
2. Facility shall provide a Type III bufferyard along all property borders abutting residentially zoned property, as specified in § 154.605.
(17) House tour. House tour land uses include on-site tours of structures, constructed as single-family residences that are relevant to Galena's heritage and have historical significance. Structures used for house tour purposes must have been in existence before 1900. Such activities include guided tours of appropriate structures and grounds of the property.
(a) Regulations:
1. Tours may be conducted by the owner of the structure, an operator, or other agent of the owner.
2. Maximum number of persons allowed on tours shall be determined on case-by-case basis by the city staff. Owners shall coordinate with city staff to establish maximum occupancy before commencement of use.
3. No signs advertising the tour house shall be displayed on the site.
4. The owner of the tour house shall maintain a registry which shall show the date, time and number of persons involved in each tour.
5. Tours shall be given only between the hours of 9:00 a.m. and 4:30 p.m., and between 6:30 p.m. and 9:00 p.m. during the peak tourist season between May 1 and November 30. A tour house shall receive no more than two tours per day between the hours of 9:00 a.m. and 4:30 p.m., and no more than three tours per week between the hours of 6:30 p.m. and 9:00 p.m. During the off peak tourist season between December 1 and April 30, a tour house shall receive no more than three tours per day, either morning or night, provided however, a tour house shall not be open for tours more than three days per week.
6. The owner of the tour house or his/her authorized agent shall be on the premises at all times during the tour.
7. The owner shall be responsible for compliance with these regulations.
(18) Accommodations, vacation rental. Any building, or portion thereof, containing a single dwelling unit or multiple dwelling units which are available to the public for accommodating guests on a basis of less than 30 days for a charge, donation, or any other form of remuneration. Each dwelling unit constitutes a vacation rental unit. It is the intention of the city to restrict the number of vacation rentals and to encourage the use of single-family dwellings for residential purposes in order to maintain the integrity of residential neighborhoods. Therefore, no one owner, under the rules of common ownership, may own more than one vacation rental unit in residential districts: however, owners may own more than one vacation rental unit within commercially zoned districts. Vacation rentals are limited to properties within the historic district, those deemed as historic landmark properties outside of the district or anomalous properties immediately adjacent to the historic district that are non-contributing.
(a) Regulations.
1. Number of guests. In the case of structures originally constructed as a residence or to provide public accommodations, the number of original bedrooms indigenous to a particular structure will be considered. In the case of other nonresidential structures, the number of allowed guests will be determined by the size of the building and the regulations for such use found in the city's adopted Building Codes. Life Safety and Fire Codes. Electrical Code, the Americans with Disabilities Act and any other codes of the city. Off-street parking capacity, in required districts, will also be considered for the number of allowed guests.
2. Lot capacity. The capacity of a particular lot to absorb the impact of a vacation rental use shall be considered and consideration shall be given to usable lot size, topography, existing vegetation, parking requirements, the location of the rental unit(s) on the lot and the proximity of the rental unit(s) to neighboring properties in determining the number of guests to be permitted.
3. Availability and impact of parking. Parking off-street shall be required in all districts, except Downtown Commercial, and based on the capacity of allowed guests. The physical and aesthetic impact of off-street parking located on the lot shall not be detrimental to the existing character of the lot and the surrounding neighborhood-It shall be a priority to preserve green space. Generally, the capacity of a lot to accommodate off-street parking shall be related to the size and nature of the lot, as stated in division (D)(18)(a)(2) above. Rental of parking spaces on property other than the lot of the vacation rental shall not be allowed.
4. Requirements for emergencies.
a. Emergency lighting. All vacation rentals shall provide adequate emergency lighting, as determined by the Fire Inspector, of the interior of the facility so as to provide any guest with sufficient light to find an appropriate exit during a fire or other emergency.
b. Exit requirements. All interior and exterior exits shall open from the inside without the use of a key or special knowledge. All such exits shall be of a width of 30 inches or greater and shall not be blocked or obstructed at any time.
c. Floor plan. A floor plan of the building shall be maintained and displayed in prominent location in each vacation rental unit. The plan shall show the location of each guestroom and the exit locations to be used for such guestrooms in the event of fire. The licensee shall furnish a copy of the floor plan to the Zoning Department,
d. Emergency telephone. Each guest house or home shall provide a landline telephone for emergency purposes. Such phone shall be available 24 hours a day. A list of all emergency numbers shall be posted next to the telephone.
5. Additional information or requirements to be designated in special use permit (Refer to § 154.924 - Special Uses).
a. No vacation rental shall commence doing business until a guest accommodation license has been issued by the city;
b. Proof of registration with the Illinois Department of Revenue and the city for hotel/motel taxes shall be given to the Zoning Administrator within 90 days after issuance of the guest accommodation license;
c. No signs advertising the vacation rental shall be displayed on the site;
d. Each vacation rental owner shall maintain a guest register; and
e. Single-room vacation rentals shall be considered an accessory residential land use (see § 154.406(H)(9)).
6. Application; contents. An application for a vacation rental special use permit shall include such information as the Zoning Administrator or the Zoning Board of Appeals may require, but, at a minimum, shall include the following:
a. A site plan depicting all existing conditions of and proposed modifications to buildings, walks, drives, parking, landscaping, fencing and lighting. Pertinent elevations or perspective drawings may be requested for more accurate review of various details;
b. Photographs of the proposed vacation rental, accessory buildings and zoning lot; and
c. Floor plan of the proposed vacation rental showing all rooms and designation of room usage.
(19) Adult-use cannabis dispensing organization. The following components of the adult-use cannabis facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:
(a) Additional requirements to be designated in special use permit.
1. Hours of operation and anticipated number of customers/employees.
2. Anticipated parking demand based on Table 154.601.3 and available private parking supply.
3. Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.
4. Proposed signage plan.
5. Compliance with all requirements provided in division (D)(19)(b)1. (Adult-Use Cannabis Dispensing Organization) as applicable.
(b) Allowable uses and detailed regulations under this division:
1. Adult-use cannabis dispensing organization. In those zoning districts in which an adult-use cannabis dispensing, organization may be located the proposed facility must comply with the following:
A. Facility may not be located within 1,000 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school or day care center. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this division (D)(19).
B. Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property in a residential zoning district.
C. At least 75% of the floor area of an tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act and no dispensing organization shall also sell food for consumption on the premises other than as authorized in division (D)(19)(b)1.E. below in the same tenant space.
D. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
E. Facility may be issued a permit to host on-site consumption of cannabis if located in a freestanding structure occupied solely by the dispensing organization and smoke from the facility does not migrate into an enclosed area where smoking is prohibited. The security plan for the facility required by division (D)(19)(b)1.I. (Additional Requirements) shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit shall be reviewed annually and may be suspended or revoked following notice and hearing as provided in § 154.919(O) of the City of Galena Zoning Code.
F. For purposes of determining required parking, said facilities shall be classified as “adult-use cannabis commercial” per Table 154.601.3 (Minimum Required Parking Spaces: Principal Commercial Uses) provided, however, that the city may require that additional parking be provided as a result of the analysis completed through § 154.924 (Special Use Permits) herein.
G. Petitioner shall file an affidavit with the city affirming compliance with division (D)(19)(b)1. as provided herein and all other requirements of the Act.
H. Co-location of cannabis business establishments. The city may approve the co-location of an adult-use cannabis dispensing organization with an adult-use cannabis craft grower center or an adult-use cannabis infuser organization, or both, subject to the provisions of the Act and the conditional use criteria within the City of Galena Zoning Code. In a co-location, the floor space requirements of divisions (D)(19)(b)1.C. and (G)(5)(b)1.C. shall not apply, but the co- located establishments shall be the sole use of the tenant space.
I. Additional requirements. Petitioner shall install building enhancements such as security cameras lighting or other improvements, as set forth in the conditional use permit to ensure the safety of employees and customers of the adult-use cannabis business establishments as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located. consistent with the requirements of the Act.
(E) Principal storage or disposal land uses.
(1) Storage, personal. Personal storage facilities are land uses oriented to the indoor storage of items entirely within partitioned buildings having an individual access to each partitioned area. Such storage areas may be available on either a condominium or rental basis. Also known as mini-warehouses.
(a) Regulations:
1. Facility shall be designed so as to minimize adverse visual impacts on nearby developments. The color, exterior materials, and orientation of proposed buildings and structures shall complement surrounding development.
2. Facility shall provide a Type IV bufferyard along all property borders abutting residentially zoned property, as specified in § 154.605.
3. No electrical power shall be run to the storage facilities, except for exterior lighting.
(2) Storage or wholesaling, indoor. Indoor storage and wholesaling land uses are primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses per § 154.406(M).
(3) Storage or wholesaling, outdoor. Outdoor storage and wholesaling land uses are primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. Such a land use, in which any activity beyond loading and parking is located outdoors, is considered an outdoor storage and wholesaling land use. Examples of this land use include contractors' storage yards, equipment yards, lumber yards, coal yards, landscaping materials yards, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard.
(a) Regulations:
1. All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls and fencing. Such walls and fencing shall be a minimum of eight feet in height and shall be designed to completely screen all stored materials from view from non-industrialized areas at an elevation of five feet above the grade of all adjacent properties and rights-of-way. Said walls or fencing shall be screened from residentially zoned property by a Type III bufferyard, as specified in § 154.605.
2. The storage of items shall not be permitted in required frontage landscaping or bufferyard areas.
3. In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 154.601(H). If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present.
4. Storage areas shall be separated from any vehicular parking or circulation area by a minimum of ten feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.
5. Materials being stored shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.
6. Inoperative vehicles or equipment, or other items typically stored in a junkyard or salvage yard, shall not be stored under the provisions of this land use.
7. All outdoor storage areas shall be located no closer to a residentially zoned property than the required minimum setback for buildings on the subject property.
(4) Junkyard or salvage yard. Junkyard or salvage yard facilities are any land or structure used for a salvaging operation including but not limited to: the above-ground, outdoor storage and/or sale of waste paper, rags, scrap metal, and any other discarded materials intended for sale or recycling; and/or the collection, dismantlement, storage, or salvage of two or more unlicensed and/or inoperative vehicles. Recycling facilities involving on-site outdoor storage of salvage materials are included in this land use.
(a) Regulations:
1. Facility shall provide a Type IV bufferyard along all property borders abutting residentially zoned property, as specified in § 154.605.
2. All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines.
3. In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.
4. Shall not involve the storage, handling or collection of hazardous substances.
(5) Waste disposal facility. Waste disposal facilities are any areas used for the disposal of solid wastes, but not including composting operations (see division (6), below).
(a) Regulations:
1. Shall comply with all county, state and federal regulations.
2. Facility shall provide a Type IV bufferyard along all borders of the property, as specified in § 154.605.
3. All buildings, structures, and activity areas shall be located a minimum of 300 feet from all lot lines.
4. Operations shall not involve the on-site holding, storage or disposal of hazardous substances.
5. Required site plans shall include detailed site restoration plans, which shall include at minimum, detailed grading plans, revegetation plans, and maintenance, and remediation plans for groundwater, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to 125% of the costs determined to be associated with said restoration (as determined by a third party selected by the city), shall be filed with the city by the petitioner (subject to approval by the City Attorney), and shall be held by the city for the purpose of ensuring that the site is restored to its proposed condition. This amount shall be recalculated and a new bond shall be required bi-annually. (The requirement for said surety is waived for waste disposal facilities owned by public agencies.)
(6) Composting operation. Composting operations are any land uses devoted to the collection, storage, processing and or disposal of vegetation.
(a) Regulations:
1. Shall comply with all county, state and federal regulations.
2. Facility shall provide a Type IV bufferyard along all borders of the property occupied by non-agricultural land uses, as specified in § 154.605.
3. All buildings, structures, and activity areas shall be located a minimum of 100 feet from all lot lines.
4. No food scraps or other vermin-attracting materials shall be processed, stored or disposed of on-site.
5 Operations shall not involve the on-site holding, storage or disposal of hazardous substances.
(F) Principal transportation land uses.
(1) Off-site parking lot. Off-site parking lots are any areas used for the temporary parking of vehicles which are fully registered, licensed and operative.
(a) Regulations:
1. Access to an off-site parking lot shall only be permitted to a collector or arterial street.
2. Access and vehicular circulation shall be designed so as to discourage cut-through traffic.
(2) Airport/heliport. Airports and heliports are transportation facilities providing takeoff, landing, servicing, storage and other services to any type of air transportation. The operation of any type of air vehicle (including ultra-light aircraft, hang gliders, parasails, and related equipment, but excepting model aircraft) within the jurisdiction of this chapter shall occur only in conjunction with an approved airport or heliport.
(a) Regulations:
1. All buildings, structures, outdoor airplane or helicopter storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines.
2. Facility shall provide a Type IV bufferyard along all borders of the property not otherwise completely screened from activity areas by buildings or structures, as specified in § 154.605.
(3) Freight terminal. Freight terminals are defined as land and buildings representing either end of one or more truck carrier line(s) which may have some or all of the following facilities: yards, docks, management offices, storage sheds, buildings and/or outdoor storage areas, freight stations, and truck maintenance and repair facilities, principally serving several or many businesses and always requiring trans-shipment.
(a) Regulations:
1. Facility shall provide a Type IV bufferyard along all property borders abutting residentially zoned property, as specified in § 154.605.
2. All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.
3. In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.
(4) Distribution center. Distribution centers are facilities oriented to the short-term indoor storage and possible repackaging and reshipment of materials involving the activities and products of a single user. Retail outlets associated with this use shall be considered accessory uses per § 154.406(M).
(a) Regulations:
1. Facility shall provide a Type IV bufferyard along all property borders abutting residentially zoned property, as specified in § 154.605.
2. All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.
3. In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.
(G) Principal industrial land uses.
(1) Light industrial land use.
(a) Light industrial land uses are industrial facilities at which all operations (with the exception of loading operations):
1. Are conducted entirely within an enclosed building;
2. Are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line;
3. Do not pose a significant safety hazard (such as danger of explosion); and
(b) Light industrial land uses may conduct retail sales activity as an accessory use provided that the requirements of § 154.406(M).
1. Regulations: All activities, except loading and unloading, shall be conducted entirely within the confines of a building.
(2) Heavy industrial land use.
(a) Heavy industrial land uses are industrial facilities which do not comply with one or more of the following criteria:
1. Are conducted entirely within an enclosed building;
2. Are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line; and
3. Do not pose a significant safety hazard (such as danger of explosion).
(b) More specifically, heavy industrial land uses are industrial land uses which may be wholly or partially located outside of an enclosed building; may have the potential to create certain nuisances which are detectable at the property line; and may involve materials which pose a significant safety hazard. However, in no instance shall a heavy industrial land use exceed the performance standards listed in §§ 154.710 through 154.713. Examples of heavy industrial land uses include meat product producers; alcoholic beverage producers; paper, pulp or paperboard producers; chemical and allied product producers (except drug producers) including poison or fertilizer producers; petroleum and coal product producers; asphalt, concrete or cement producers; tanneries; stone, clay or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; and recycling facilities not involving the on-site storage of salvage materials.
1. Regulations:
a. Facility shall provide a Type IV bufferyard along all borders of the property abutting properties which are not zoned Heavy Industrial, as specified in § 154.605.
b. All outdoor activity areas shall be located a minimum of 100 feet from residentially zoned property. No materials shall be stacked or otherwise stored so as to be visible over bufferyard screening elements.
(3) Communication tower. Communication towers include all free-standing broadcasting, receiving, or relay structures, and similar principal land uses; and any office, studio or other land uses directly related to the function of the tower.
(a) Requirements:
1. Tower shall be located so that there is sufficient radius of clear land around the tower so that its collapse shall be completely contained on the property.
2. The installation and continued maintenance of a Type IV bufferyard along property borders abutting residentially zoned property, as specified in § 154.605.
(4) Extraction use. Extraction uses include land uses involving the removal of soil, clay, sand, gravel, rock, minerals, peat, or other material in excess of that required for approved on-site development or agricultural activities.
(a) Regulations:
1. Shall receive approval from the county prior to action by the city, and shall comply with all county, state and federal regulations.
2. Facility shall provide a Type IV bufferyard along all borders of the property, as specified in § 154.605.
3. All buildings, structures, and activity areas shall be located a minimum of 300 feet from all lot lines.
4. Required site plans shall include detailed site restoration plans, which shall include at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to 125% of the costs determined to be associated with said restoration (as determined by a third party selected by the city), shall be filed with the city by the petitioner (subject to approval by the City Attorney), and shall be held by the city for the purpose of ensuring that the site is restored to its proposed condition. This amount shall be recalculated and a new bond shall be required bi-annually. (The requirement for said surety is waived for publicly-owned waste disposal facilities.)
(5) Adult-use cannabis industrial. The following components of the adult-use cannabis facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties.
(a) Additional requirements to be designated in special use permit:
1. Hours of operation and anticipated number of customers/employees.
2. Anticipated parking demand based on Table 154.601.3 and available private parking supply.
3. Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.
4. Proposed signage plan.
5. Compliance with all requirements provided in divisions (G)(5)(b)1. (Adult-Use Cannabis Infuser Organization); (G)(5)(b)2. (Adult-Use Cannabis Processing Organization); and (G)(5)(b)3. (Adult-Use Cannabis Transporting Organization), as applicable.
(b) Allowable uses and detailed regulations under this division (G)(5):
1. Adult-use cannabis infuser organization. In those zoning districts in which an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following:
A. Facility may not be located within 1,000 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school or day care center. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this division (G)(5)(b)1.A.
B. Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property in a residential zoning district.
C. At least 75% of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized bv the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
D. For purposes of determining required parking, said facilities shall be classified as “adult-use cannabis industrial” per Table 154.601.3 (Minimum Required Parking Spaces: Storage, Wholesaling & Industrial Uses) provided, however, that the city may require that additional parking be provided as a result of the analysis completed through § 154.924 (Special Use Permits) herein.
E. Petitioner shall file an affidavit with the city affirming compliance with this division (G)(5)(b)1. as provided herein and all other requirements of the Act.
F. Additional requirements. Petitioner shall install building enhancements such as security cameras, lighting or other improvements, as set forth in the conditional use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
2. Adult-use cannabis processing organization. ln those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:
A. Facility may not be located within 1,000 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school or day care center. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this division (G)(5)(b)2.A.
B. Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property in a residential zoning district.
C. At least 75% of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
D. For purposes of determining required parking, said facilities shall be classified as “adult-use cannabis industrial” per Table 154.601.3 (Minimum Required Parking Spaces: Storage, Wholesaling & Industrial Uses), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through § 154.924 (Special Use Permits) herein.
E. Petitioner shall file an affidavit with the city affirming compliance with division (G)(5)(b)2. as provided herein and all other requirements of the Act.
F. Additional requirements. Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditional use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located consistent with the requirements of the Act.
3. Adult-use cannabis transporting organization. In those zoning districts in which an adult-use transporting organization may be located the proposed facility must comply with the following:
A. Facility may not be located within 1,000 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school or day care center. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this division (G)(5)(b)3.A.
B. Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property in a residential zoning district.
C. The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
D. For purposes of determining required parking said facilities shall be classified as “adult-use cannabis industrial” per Table 154.601.3 (Minimum Required Parking Spaces: Storage, Wholesaling& Industrial Uses), provided, however that the city may require that additional parking be provided as a result of the analysis completed through § 154.924 (Special Use Permits) herein
E. Petitioner shall file an affidavit with the city affirming compliance with division (G)(5)(b)2. as provided herein and all other requirements of the Act.
F. Additional requirements. Petitioner shall install building enhancements such as security cameras, lighting or other improvements as set forth in the conditional use permit to ensure the safety of employees and customers of the adult-use cannabis business establishments as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located consistent with the requirements of the Act.
(H) Accessory residential land uses. Residential accessory uses are those which are incidental and subordinate to, and serving, the principal residential use. The following provide standards for permitted residential accessory uses. Accessory uses not specifically listed herein, but similar to those permitted by right, may be permitted upon site plan review and approval by the Zoning Administrator or at the time of principal use approval by the appropriate decision making body. Accessory uses not listed herein, but similar to those permitted as a special use, may be permitted with a special use permit.
(1) Day care home (serving three to 12 children). As per ILCS Ch. 225, Art. 10, § 2.18, a DAY CARE HOME means family homes which receive more than three and up to a maximum of 12 children for less than 24 hours per day. The number counted includes the family's natural or adopted children and all other persons under the age of 12. The term does not include facilities which receive only children from a single household.
(a) Regulations: Must be in full compliance with Title 89, Chapter III, Subchapter e, Part 406, Licensing Standards for Day Care Home, Illinois Administrative Rules.
(2) Home occupation, minor. Minor home occupations are home occupations which shall not have nonresident customers and employees.
(a) Regulations:
1. Shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no other.
2. Shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or other emission of sounds or vibrations that carry beyond the premises.
3. Shall have no more than 200 square feet of floor area used for the home occupation.
4. Shall be no advertising, display, or other indications of a home occupation on the premises.
5. Shall not be conducted on the premises the business of selling stocks of merchandise, supplies or products, provided that orders previously made by telephone or at a sales party may be filled on the premises. That is, direct sales of products off display shelves, racks or from inventory is not allowed, but a person may pick up an order placed earlier as described above.
6. Shall have no storage or display of goods visible from outside the structure.
7. Shall have no highly explosive or combustible material used or stored on the premises unless approved by the Fire Marshal. No activity shall be allowed that would interfere with radio or television reception in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.
8. Shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located, including commercial and general delivery services.
9. Shall not use material or equipment not recognized as being part of the normal practices of owning and maintaining a residence.
10. Notwithstanding any provision contained herein to the contrary, garage, basement, yard or other similar sales shall not be allowed more than twice a year, and each sale shall not last more than 72 consecutive hours, and only goods which have been generated from within the household and not purchased elsewhere for resale. Sales shall be conducted on the owner's property, except that multiple family sales are permitted if they are held on the property of one of the participants and any such sale shall be considered to be a sale for all participants.
11. Shall have no deliveries from commercial suppliers made more than once a week, and the deliveries shall not be made from semi-tractor trailer trucks.
12. Shall have no more than two visitors/clients per day, with all such visits occurring between 8 a.m. and 8 p.m., Monday through Saturday.
13. Shall include, but are not necessarily limited to, the following:
a. Artists and sculptors;
b. Authors, desktop publishers and composers;
c. Home crafts for sale off-site;
d. Office facility of clergy;
e. Office facility of a salesman, sales representative or manufacturer's representative provided that no transactions are made in person on the premises;
f. Address of convenience used solely for receiving and making telephone calls including computer usage, mail, keeping business records in connection with a profession or occupation;
g. Individual tutoring;
h. Preserving and home cooking for sale off-site;
i. Individual instrument and vocal instruction provided that no instrument may be amplified;
J. Telephone solicitation work;
k. Any other similar uses deemed to be consistent by the Zoning Administrator.
(3) Home occupation, major. Major home occupations are home occupations where customers and employees may come to the home and where the occupation complies with the following:
(a) Regulations:
1. Shall be conducted entirely within a dwelling unit and carried on by the inhabitants thereof and no other.
2. Shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds or vibrations that carry beyond the premises.
3. Shall have no more than 200 square feet of floor area used for the home occupation.
4. Shall have no signs present on the property except for one sign, not exceeding two square feet, and not illuminated.
5. Shall not be conducted on the premises the business of selling stocks of merchandise, supplies or products, provided that incidental retail sales may be made in connection with other permitted home occupations. For example, a single-chair beauty parlor would be allowed to sell combs, hair spray, and other miscellaneous items to customers. However, a dressmaker would be required to do only custom work for specific clients and would not be allowed to develop stocks of dresses for sale to the general public on-site.
6. Shall have no storage or display of goods visible from outside the structure.
7. Shall have no highly explosive or combustible material used or stored on the premises unless approved by the Fire Marshal. No activity shall be allowed that would interfere with radio or television reception in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.
8. Shall have adequate off street parking spaces available to compensate for additional parking needs generated. Deliveries from commercial suppliers may be made more than once a week, and the deliveries shall not be made from semi-tractor trailer trucks.
9. Shall include, but are not necessarily limited to, the following:
a. Single-chair beauty parlors and barber shops;
b. Photo developing and printing;
c. Organized classes with up to six students at a time;
d. Television and other electric or electronic repair, excluding major appliances such as refrigerators or storage;
e. Upholstering;
f. Dressmaking and millinery; and
g. Woodworking excluding cabinet making.
(4) Private kennel. A maximum of any combination of two dogs and/or cats (over six months of age) are permitted by right for any one residential unit. Any residence housing a number of dogs and or cats exceeding this number shall be considered a private residential kennel. In addition to those requirements, a private residential kennel shall meet the following requirements:
(a) Regulations:
1. All animals shall be owned by an occupant of the principal residential use.
2. For any number over three animals, a maximum of one additional animal per five acres shall be permitted.
3. Outdoor containments for animals shall be located a minimum of 25 feet from any residentially zoned property and shall be screened from adjacent properties.
(5) Outbuildings and recreational facilities. This land use includes all active outdoor recreational facilities and accessory structures located on a private residential lot. Materials and lighting shall limit light levels at said property line are to be equal to or less than 0.5 foot candles (see §§ 154.601 through 154.605). All private residential recreation facilities and other accessory structures shall comply with the bulk requirements for accessory structures. Common examples of these accessory uses include swing sets, tree houses, basketball courts, tennis courts, swimming pools, other recreation-type equipment, and sheds.
(6) Recreational vehicle storage. On-site long term storage of a recreational vehicle. Recreational vehicles may be stored on a residential property in accordance with the following regulations.
(a) Dimensional limits for stored recreational vehicles and storage area:
1. For lots less than 5,000 square feet in size, the recreational vehicle storage area shall not exceed 200 square feet and the vehicle height shall not exceed ten feet.
2. For lots 5,000 square feet or greater in size, recreational vehicle storage area shall not exceed 300 square feet and the vehicle height shall not exceed 12 feet.
3. Proposed recreational vehicle storage areas exceeding 300 square feet in area or vehicles exceeding 12 feet in height shall be allowed only by special use permit.
(b) Storage location restrictions:
1. Recreational vehicle storage area must be located behind the front yard setback line in a side or rear yard area.
2. Recreational vehicle storage area setbacks from side and rear lot lines shall be equal to the height of the RV with a minimum setback of five feet.
3. Recreational vehicle storage area must be an improved pad of gravel, concrete or asphalt.
(c) Additional regulations:
1. Recreational vehicles may be parked anywhere on residential premises for a period of time not to exceed 48 hours during loading and unloading no more than twice in any consecutive period of seven days. At least 30 hours must separate each occurrence. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.
2. No recreational vehicle intended for portable temporary housing shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or in any other location not approved for such use.
3. No recreational vehicle shall be stored out of doors on residential premises unless it is in condition for safe and effective performance of the function for which it is intended or can be made so at a cost not exceeding the value of the equipment in its existing state. In no case shall any such equipment be so stored for a period of more than six months if not in condition for safe and efficient performance of the function for which it is intended.
(7) Private stable. A private residential stable is a structure facilitating the keeping of horses (or similar animals) on the same site as a residential dwelling.
(a) Regulations:
1. All horses must be owned by an occupant of the principal residential use.
2. A minimum lot area of 175,000 square feet (four acres) is required for a private residential stable.
3. A maximum of one horse per five acres of fully enclosed (by fencing and/or structures) area is permitted.
4. Outdoor containments for animals shall be located a minimum of 25 feet from any residentially zoned property.
5. The minimum permitted size of horse or similar animal stall shall be 100 square feet.
(8) House tour. House tour land uses include on-site tours of structures, constructed as single-family residences that are relevant to Galena's heritage and have historical significance. Structures used for this purpose must have been in existence before 1900. House tour activities include guided tours of appropriate structures and grounds of the property.
(a) Regulations:
1. Maximum number of persons allowed on tours shall be determined on case-by-case basis with special use permit.
2. No signs advertising the tour house shall be displayed on the site.
3. The owner of the tour house shall maintain a registry which shall show the date, time and number of persons involved in each tour.
4. Tours shall be given only between the hours of 9:00 a.m. and 4:30 p.m., and between 6:30 p.m. and 9:00 p.m. during the peak tourist season between May 1 and November 30. A tour house shall receive no more than two tours per day between the hours of 9:00 a.m. and 4:30 p.m., and no more than three tours per week between the hours of 6:30 p.m. and 9:00 p.m. During the off peak tourist season between December 1 and April 30, a tour house shall receive no more than three tours per day, either morning or night, provided however, a tour house shall not be open for tours more than three days per week.
5. The owner of the tour house or his/her authorized agent shall be on the premises at all times during the tour.
6. The owner shall be responsible for compliance with these regulations.
(9) Accommodations, vacation rental - single room. A single guest room which is available to the public for accommodating guests on a basis of less than 30 days for a charge, donation, or any other form of remuneration. A single-room vacation rental may have no more than two sleeping guests and may be within or detached from the main dwelling unit. Vacation rentals are limited to only properties with single family dwellings and are within the Historic District, those deemed as historic landmark properties outside of the district or anomalous properties immediately adjacent to the Historic District that are non-contributing.
(a) Regulations.
1. Number of guests. Single-room vacation rentals are limited to two sleeping guests.
2. Lot capacity. The capacity of a particular lot to absorb the impact of a single-room vacation rental use shall be considered and consideration shall be given to usable lot size, topography, existing vegetation, parking requirements, the location of the rental unit on the lot and the proximity of the rental unit to neighboring properties.
3. Availability and impact of parking. One off-street parking space for the guest room and one additional off-street parking space for the owner shall be required in all districts. The physical and aesthetic impact of off-street parking located on the lot shall not be detrimental to the existing character of the lot and the surrounding neighborhood. It shall be a priority to preserve green space. Generally, the capacity of a lot to accommodate off-street parking shall be related to the size and nature of the lot, as stated in division (H)(9)(a)(2) above. Rental of parking spaces on property other than the lot of the vacation rental shall not be allowed.
4. Owner occupancy. The property shall be owner-occupied when guests are present.
5. Additional information or requirements to be designated in special use permit (refer to § 154.924 - Special Uses).
a. No vacation rental shall commence doing business until a guest accommodation license has been issued by the city;
b. Proof of registration with the Illinois Department of Revenue and the City of Galena for hotel/motel taxes shall be given to the Zoning Administrator within 90 days after issuance of the guest accommodation license;
c. No signs advertising the vacation rental shall be displayed on the site;
d. Each vacation rental owner shall maintain a guest register; and
e. A floor plan of the building shall be maintained and displayed in prominent location in the guest room. The plan shall show the location of each room and the exit locations to be used for the guest room in the event of fire. The licensee shall furnish a copy of the floor plan to the Zoning Department.
6. Application; contents. An application for a vacation rental special use permit shall include such information as the Zoning Administrator or the Zoning Board of Appeals may require, but, at a minimum, shall include the following:
a. A site plan depicting all existing conditions of and proposed modifications to buildings, walks, drives, parking, landscaping, fencing and lighting. Pertinent elevations or perspective drawings may be requested for more accurate review of various details;
b. Photographs of the proposed vacation rental, accessory buildings and zoning lot; and
c. Floor plan of the proposed vacation rental showing all rooms and designation of room usage.
(10) Artisan studio. A building or portion thereof used for the preparation, display and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather- craft, hand-woven articles, and related items, as an accessory use. A studio is used by no more than three artists or artisans.
(I) Accessory agricultural land uses. Agricultural accessory uses are those which are incidental and subordinate to, and serving, the principal agricultural use. Generally, any principal agricultural use permitted by right within the applicable zoning district may, upon review and approval of the Zoning Administrator, be permitted as an accessory use. Agricultural uses that require special use approval as a principal use in the applicable zoning district shall also require special use approval prior to establishment as an accessory use.
(J) Accessory recreational and institutional land uses. Recreational and institutional accessory uses are those which are incidental and subordinate to, and serving, the principal recreational and institutional use. Generally, any principal recreational and institutional use permitted by right within the applicable zoning district may, upon review and approval of the Zoning Administrator, be permitted as an accessory use. Recreational and institutional uses that require special use approval as a principal use in the applicable zoning district shall also require special use approval prior to establishment as an accessory use.
(K) Accessory commercial land uses. Commercial accessory uses are those which are incidental and subordinate to, and serving, the principal commercial use. The following provide standards for permitted commercial accessory uses. Accessory uses not specifically listed herein, but similar to those permitted by right, may be permitted upon site plan review and approval by the Zoning Administrator or at the time of principal use approval by the decision making body. Accessory use not listed herein, but similar to those permitted as a special use, may be permitted with a special use permit.
(1) Company-provided cafeteria. A company cafeteria is a food service operation which provides food only to company employees and their guests, which meets state and city food service requirements, and is located on the same property as a principal land use engaged in an operation other than food service.
(2) Company-provided day care center. A company provided day care center, licensed by the State of Illinois.
(a) Regulations: Shall comply fully with all regulations pertaining to day care centers in § 154.406(C)(5).
(3) Company-provided on-site recreation. A company provided on-site recreational facility is any active or passive recreational facility located on the same site as a principal land use, and which is reserved solely for the use of company employees and their guests.
(a) Regulations:
1. All structures and actively used outdoor areas shall be located a minimum of 50 feet from any residentially zoned property.
2. Outdoor recreation facilities using night lighting shall install and continually maintain a Type III bufferyard along all property sides abutting residentially zoned property, as specified in § 154.605.
3. Facilities using night lighting shall require a special use permit.
(4) Dwelling units above the ground floor. Commercial apartments are dwelling units which are located above the ground floor of a building used for a commercial land use, most typically an office or retail establishment.
(a) Regulations:
1. The gross floor area devoted to commercial apartments shall be counted toward the floor area of a nonresidential development for purposes of computing the floor area ratio.
2. A minimum of one off-street parking space shall be provided for each bedroom within a commercial apartment. Parking spaces provided by nonresidential land uses on the site may be counted for this requirement with the approval of the Zoning Administrator.
(5) Fleet vehicle storage. Overnight parking of more than four delivery or service vehicles owned by a commercial establishment, not including vehicles issued license plates based on the gross vehicle weight (GVW).
(a) Regulations:
1. All parking areas shall be paved as per the requirements of § 154.601(G).
2. In no event shall the parking/storage of fleet vehicles reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 154.601(H).
3. Inoperative vehicles or equipment shall not be stored with fleet vehicles.
4. All vehicle service shall comply fully with the vehicle repair and maintenance requirements of § 154.406(D)(16).
5. Storage areas shall provide a Type III bufferyard along all borders of the storage area abutting residentially zoned property, as specified in § 154.605.
(6) Light industrial activities incidental to indoor sales. These land uses include any light industrial activity conducted exclusively indoors which is incidental to a principal land use such as indoor sales or service, on the same site.
(a) Regulations:
1. The total area devoted to light industrial activity shall not exceed 15% of the total area of the buildings on the property, or 5,000 square feet, whichever is less.
2. Production area shall be physically separated by a wall from other activity areas and shall be soundproofed to the level required by § 154.710 for all adjacent properties.
(7) Outdoor dining. This land use includes patios, decks, lawns, sidewalks and similar outdoor areas for dining that are accessory to a principal restaurant use. The area of outdoor dining shall not exceed 15% of the total indoor dining area as the principal use and shall comply with all regulations below. Outdoor dining areas that are larger than 15% of the indoor dining area shall meet all requirements of the sales and service, outdoor display land use in § 154.406(D)(5).
(a) Regulations:
1. The dining areas shall not be permitted in permanently protected green space areas, required landscaped areas, or required bufferyards.
2. In no event shall the dining area reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 154.601(H). If the number of provided parking stalls on the property is already less than the requirement, such dining area shall not further reduce the number of parking stalls already present.
3. Dining areas shall be separated from any vehicular parking or circulation area by a minimum of ten feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.
4. Furniture, equipment, signs, screening, or enclosures shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.
5. The dining area shall provide a Type III bufferyard along all borders of the dinning area abutting residentially zoned property, as specified in § 154.605.
6. The dining area shall comply with all other city and state regulations regarding such uses.
(8) Outdoor display, removable. Removable outdoor display includes portable or semi-portable racks, displays and merchandise which are set out each morning and taken inside a building each night.
(a) Regulations:
1. The total area of outdoor display area shall not exceed 5% of the total lot area or 500 square feet, whichever is less.
2. All items, including display racks and other fixtures, shall be stored in a fully enclosed building from 9:00 p.m. to 8:00 a.m. and at all times when the business is closed.
3. Display areas shall not be located in any required bufferyards or other landscaped areas, public right-of-way, or the visibility triangle.
4. Display areas shall not be located in required front setbacks or any setback adjacent to residentially zoned property.
(9) Outdoor display and storage, permanent. Accessory outdoor display and storage land uses include all uses which conduct sales, display sales or rental merchandise or equipment, or store goods, materials or by-products outside of an enclosed building on a permanent or seasonal basis, where such merchandise, equipment, materials and by-products are not stored overnight in a fully enclosed building but where the area of such outdoor display and storage is 15% or less of the total sales area of the principal use. Land uses with outdoor storage and sales areas larger than 15% of the sales area of the principal use shall be considered a sales and service, outdoor display land use in§ 154.406(D)(5).
(a) Regulations:
1. The display of items shall not be permitted in permanently protected green space areas, required landscaped areas, or required bufferyards.
2. The display of items shall not be permitted within required setback areas for the principal structure.
3. In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 154.601(H). If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.
4. Display areas shall be separated from any vehicular parking or circulation area by a minimum of ten feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.
5. Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.
6. Outdoor display shall be permitted during the entire calendar year; however, if goods are removed from the display area, all support fixtures used to display the goods shall be removed within ten calendar days of the goods' removal.
7. Inoperative vehicles or equipment, or other items typically stored or displayed in a junkyard or salvage yard, shall not be displayed for this land use.
8. Facility shall provide a Type III bufferyard along all borders of the display area abutting public streets and residentially zoned property, as specified in § 154.605.
(10) Outdoor entertainment. These accessory land uses include a variety of entertainment uses, such as volleyball courts, horseshoe pits, and music stages, where the area of such uses does not exceed 15% of the floor area of the principal use.
(a) Regulations:
1. Activity areas shall not be located closer than 100 feet to a residentially zoned property.
2. Facility shall provide a Type IV bufferyard along all borders of the property abutting residentially zoned property, as specified in § 154.605.
3. Outdoor entertainment uses shall comply with all other city and state regulations regarding such uses, including, but not limited to, those dealing with noise and lighting.
4. Outdoor musical entertainment in Downtown Commercial District shall also be in compliance with the following:
a. Performing is limited to 10:00 a.m. to 10:00 p.m.
b. No performer shall utilize any speaker, microphone or mechanical amplification device.
c. No performer shall generate any sound by any means so that the sound is louder than 70 decibels (70dB) on the Capital A Scale of an ANSI approved sound level meter measured at a distance of 50 feet or more, either horizontally or vertically from the point of generation.
(11) Mobile food truck. The following regulations and requirements for a mobile food truck shall be met:
(a) Regulations:
1. No person shall operate a mobile food truck on a property unless said mobile food truck obtains the proper licensing from the City of Galena.
2. No mobile food trucks shall operate in the downtown district from Meeker St. to Spring St., and from Bench St. to Water St.
3. No mobile food trucks shall be located on any parcel zoned residential, unless approved by the City of Galena as part of a special event.
4. Mobile food trucks shall only operate no more than once per week on any site.
5. Hours of operations shall be limited to between 7:00 a.m. and 11:00 p.m.
6. Portable lights, lights which flash, and similar attention-getting devices are not permitted.
7. Signs, unless permanently affixed to the mobile food truck, are not permitted.
8. Any power required for a mobile food truck shall be self-contained and shall not use utilities drawn from public property, unless otherwise approved by the city. Mobile food trucks may also use the power from a private service.
9. Mobile food trucks shall not provide seating or tables for their customers.
10. Mobile food trucks shall provide receptacles for refuse and properly dispose of waste.
11. Mobile food trucks must comply with all noise regulations of § 154.710.
12. Outside amplifying equipment or noisemakers shall not be used.
13. Mobile food trucks shall be situated on designated locations entirely on the subject property with suitable surfaces as determined by the City of Galena.
14. Off-street parking spaces provided specifically for the mobile food truck while in service.
(L) Accessory transportation land uses. Transportation accessory uses are those which are incidental and subordinate to, and serving, the principal transportation use. Generally, any principle transportation use permitted by right within the applicable zoning district may, upon review and approval of the Zoning Administrator, be permitted as an accessory use. Transportation uses that require special use approval as a principal use in the applicable zoning district shall also require special use approval prior to establishment as an accessory use.
(M) Accessory storage, disposal, and industrial land uses. Storage, disposal and industrial accessory uses are those which are incidental and subordinate to, and serving, the principal storage, disposal and industrial use. The following provide standards for permitted storage, disposal and industrial accessory uses. Accessory uses not specifically listed herein, but similar thereto, may be permitted upon site plan review and approval by the Zoning Administrator or at the time of principal use approval by the decision making body.
(1) Indoor sales incidental to storage or light industrial use. These land uses include any retail sales activity conducted exclusively indoors which is incidental to a principal land use such as warehousing, wholesaling or any light industrial land use, on the same site.
(a) Regulations:
1. Adequate parking, per the requirements of § 154.601(H), shall be provided for customers. Said parking shall be in addition to that required for customary light industrial activities.
2. The total area devoted to sales activity shall not exceed 25% of the total area of the buildings on the property. Areas devoted to artisan studio uses such as custom ceramics, glass, wood, paper, fabric, and similar crafts may exceed 5,000 square feet with the granting of a special use permit for such use.
3. Shall provide restroom facilities directly accessible from retail sales area.
4. Retail sales area shall by physically separated by a wall from other activity areas.
(N) General accessory land uses.
(1) Caretaker's residence. This land use includes any residential unit which provides permanent housing for a caretaker of the subject property in either an attached or detached configuration.
(a) Regulations:
1. Shall provide housing only for on-site caretaker and family.
2. Shall provide a minimum of two on-site parking spaces.
(2) Drainage structure. These include all improvements including, but not limited to, swales, ditches, culverts, drains, tiles, gutters, levees, basins, detention or retention facilities, impoundments, and dams intended to effect the direction, rate and/or volume of stormwater runoff, snow melt, and/or channelized flows across, within and/or away from a site.
(a) Regulations:
1. Shall comply with § 154.508 regarding protection measures for drainageways.
2. Any drainage improvement shall not increase the rate or volume of discharge from the subject property onto any adjacent properties, except where regional stormwater management facilities such as storm sewers and retention or detention facilities are in place to serve the subject property.
(3) Exterior communication devices. This land use includes any device (e.g. satellite dishes, ham radio towers, TV antennas) used for communication reception, other than those defined as communication towers.
(a) Regulations:
1. Except for television antennas and satellite dishes 18 inches or smaller, exterior communication devices shall not be visible from a public street.
2. Devices must be sited an equal or greater number of feet from property lines as their maximum height and may not be located in a required street yard.
3. The applicant must demonstrate that all reasonable mechanisms have been used to mitigate safety hazards and the visual impacts of the device.
(4) Filling. Filling includes any activity in an area over 4,000 square feet, or greater than 500 cubic yards of fill, involving the modification of the earth's surface above that in its undisturbed state.
(a) Regulations:
2. Shall not create drainage onto other properties.
3. Shall not impede on-site drainage.
4. Shall comply with provisions of the Chapter 153, Subdivision Regulations.
(5) Heliport. Facility providing takeoff and landing services only for helicopters. Servicing and storage of helicopters is prohibited.
(a) Regulations: Shall comply with all state and federal aviation standards and permitting requirements.
(6) Lawncare. Lawn care includes any activity involving the preparation of the ground, installation and maintenance of vegetative ground cover (including gardens) which complies with the city's code of ordinances. Lawn care is not permitted in certain permanently protected green space areas in § 154.404.
(7) On-site parking lot. On-site parking lots are any areas located on the same site as the principal land use which are used for the temporary parking of vehicles which are fully registered; licensed, and operative.
(O) Temporary land uses.
(1) General temporary outdoor sales. Includes the display of any items outside the confines of a building which is not otherwise permitted as a permitted or special use, or a special event not otherwise regulated by the city's code of ordinances. Examples of this land use include but are not limited to: seasonal garden shops and tent sales.
(a) Temporary use regulations:
1. Any temporary use permit for general outdoor sales shall not exceed a time period of 30 calendar days. No such general outdoor sales may occur on the Saturday and Sunday of Country Fair Weekend. A maximum of one temporary use permit for general temporary outdoor sales shall be allowed on any one parcel or lot per vendor per calendar year.
2. Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.
3. Signage shall comply with the requirements for temporary signs in § 154.801 through 154.815.
4. Adequate parking shall be provided.
5. If subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.
6. Shall comply with all standards and procedures applicable to all temporary uses in § 154.913.
(2) Outdoor assembly. Includes any organized outdoor assembly of more than 100 persons.
(a) Temporary use regulations:
1. A street use permit is required for all activities within a dedicated public right-of-way.
2. Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.
3. Signage shall comply with the requirements for temporary signs in §§ 154.801 through 154.815.
4. Adequate parking, drinking water, and toilet facilities shall be provided, and shall be described in the application.
5. If subject property is located adjacent to a residential area, activities shall be limited to daylight hours.
6. Adequate provisions for crowd control shall be made, and shall be described within the application.
7. Shall comply with all standards and procedures applicable to all temporary uses in § 154.913.
(3) Contractor's project office. Includes any structure containing an on-site construction management office for an active construction project.
(a) Temporary use regulations:
1. Structure shall not exceed 2,000 square feet in gross floor area.
2. Facility shall be removed within ten days of issuance of occupancy permit.
3. Shall not be used for sales activity as set forth in division (6) below.
4. Projects requiring land use to be in place for more than 365 days shall require a special use permit.
5. Shall comply with all standards and procedures applicable to all temporary uses in § 154.913.
(4) Contractor's on-site equipment storage facility. Includes any structure or outdoor storage area designed for the on-site storage of construction equipment and/or materials for an active construction project.
(a) Temporary use regulations:
1. Facility shall be removed within ten days of issuance of occupancy permit.
2. Projects requiring land use to be in place for more than 365 days shall require a special use permit.
3. Shall be limited to a maximum area not exceeding 10% of the property's gross site area.
4. Shall comply with all standards and procedures applicable to all temporary uses in § 154.913.
(5) Relocatable building. Includes any manufactured building which serves as a temporary building for less than six months. (Facilities serving for more than six months shall be considered special uses and subject to the general standards and procedures presented in § 154.924.)
(a) Temporary use regulations:
1. Shall conform to all setback regulations.
2. Shall conform to all building code regulations.
3. Shall comply with all standards and procedures applicable to all temporary uses in § 154.913.
(6) On-site real estate sales office. Includes any building which serves as an on-site sales office for a development project.
(a) Temporary use regulations:
1. Structure shall not exceed 5,000 square feet in gross floor area.
2. Facility shall be removed or converted to a permitted land use within ten days of the completion of sales activity.
3. Signage shall comply with the requirements for temporary signs in §§ 154.801 through 154.815.
4. Projects requiring land use to be in place for more than 365 days shall require a special use permit.
5. Shall comply with all standards and procedures applicable to all temporary uses in § 154.913.
(7) Seasonal outdoor sales of farm products. Includes any outdoor display of farm products not otherwise regulated by the city's code of ordinances.
(a) Temporary use regulations:
1. Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.
3. Adequate parking shall be provided.
4. If subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.
5. Shall comply with all standards and procedures applicable to all temporary uses in § 154.913.
(Ord. O-05-04, passed 4-11-05; Am. Ord. O-06-32, passed 10-23- 06; Am. Ord. O-07-11, passed 6- 11-07; Am. Ord. O-09-14, passed 6-22-09; Am. Ord. O-12-30, passed 12-26-12; Am. Ord. O-14-01, passed 1-13-14; Am. Ord. O-13-19, passed 11-25-13; Am. Ord. O-14- 05, passed 3-24-14; Am. Ord. O- 14-11, passed 9-8-14; Am. Ord. O-16-19, passed 11-14-16; Am. Ord. O.19.01, passed 1-15-19; Am. Ord. O.19.15, passed 10-16-19; Am. Ord. O.22.10, passed 5-9-22)