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(A) Definitions.
(1) Whenever the expression “off-street parking space” is hereinafter referred to, it shall pertain to a space of 180 square feet of appropriate dimensions for the parking of an automobile, exclusive of the access drives or aisles hereto.
(2) Whenever the word “employees” or the expression “number of employees” is hereinafter referred to, it shall mean the greatest number of persons to be employed in the building in question during any season of the year in any time of the day or night.
(3) Whenever the word “seats” is hereinafter referred to, it shall mean the seating capacity of a particular building as determined by the specification and plans filed with the Zoning Enforcing Officers; in the event individual seats are not provided, each 20 inches of benches or similar seating accommodations shall be considered as one seat for the purposes of this chapter.
(B) Off-street parking required.
(1) In the use of land for residential, commercial, industrial or any other purposes, no residential, commercial, industrial or any other building or structure shall be erected and no major repairs made to an existing residential, commercial, industrial or any other building or structure, unless there already be in existence upon the lot, or unless provision is made for the location on the lot, concurrently with this erecting or major repairs, off-street parking on the basis of the following minimum requirements.
(a) Dwelling, including single-, two-family, group houses, row houses and apartment houses, and all other similar structures devoted to habitation: at least one off-street parking space for each dwelling unit.
(b) Hotels, including clubs, lodging houses, tourist homes and houses, dormitories, sororities, fraternities, and all other similar places offering over-night accommodations: at least one off-street parking for each one guest room.
(c) Hospitals, including sanitariums, asylums, orphanages, convalescent homes, homes for the aged and infirm, and all other similar institutions: at least one off-street parking space for each four patients beds, plus at least one additional off-street parking space for each staff and visiting doctor, plus at least one additional off-street parking space for each three employees (including nurses).
(d) Restaurants, including bars, taverns, night clubs lunch counters, diners, and all other similar dining or drinking establishments: at least one off-street parking space for each four seats provided for patrons’ use.
(e) Theaters, including motion picture houses: at least one off-street parking space for each six seats provided for patrons’ use.
(f) Places of public assembly, including private clubs, lodges, and fraternal buildings not providing overnight accommodations assembly halls, exhibition halls convention halls, skating rinks, dance halls, bowling alleys, sport arenas, stadiums, gymnasiums, amusement parks, race tracks, fair grounds, circus grounds, funeral homes, mortuaries, community centers, libraries, museums and all other similar places of relatively infrequent public assembly: at least one off-street parking space for each four seats provided for patrons’ use.
(g) Auditoriums: at least one off-street parking space for each eight seats provided for patrons’ use.
(h) Churches: at least one off-street parking space for each eight fixed seats in the main worship hall of the church.
(i) Schools: at least one off-street parking space for each eight seats provided in the auditorium or one off-street parking space for each four seats provided in the gymnasium, whichever is the greatest.
(j) Wholesale, manufacturing and industrial plants, including warehouses and storage buildings and yards, public utility building contractor equipment and lumber yards, research laboratories, business service establishments such as blueprinting, printing and engraving, soft drink bottling establishments, fabricating plants and all other structures devoted to similar mercantile or industrial pursuits: at least one off-street parking space for each five employees.
(k) Retail establishments, including personal service shops, equipment or repair shops, gasoline or other motor fuel stations, motor vehicle sales and/or repair establishments, all retail stores and businesses, and banks or other financial and lending institutions: at least one off-street parking space for each 600 square feet of gross floor area or intended to be used for service to the public as customers, patrons and clients.
(l) Office buildings, including commercial, governmental and professional buildings and medical and dental clinics: at least one off-street parking space for each 400 square feet of gross floor area used or intended to be used for service to the public as customers, patrons and clients.
(2) On the same premises with every building devoted to retail trade, retail and wholesale food markets, warehouses, supply houses, wholesale or manufacturing trade, hotels, hospitals, laundries, dry cleaning establishments or other buildings where large amounts of goods are received or shipped, erected in any district after the date of the adoption of this chapter, there shall be provided loading and unloading space as follows:
(a) Building of 10,000 square feet of floor area, one off-street loading space plus one additional off-street loading and unloading space for each additional 14,000 square feet of area; and
(b) Each loading space shall be not less than 14 feet in width and 50 feet in length.
(3) In case of use not specifically mentioned, the requirements for off-street parking or off-street loading for a use which is so mentioned, and to which said use is similar, shall apply.
(4) The off-street parking facilities required for the uses mentioned in this chapter, and for other similar uses, shall be on the same lot or parcel of land as the structure they are intended to serve, but in case of nonresidential uses when practical difficulties prevent their establishment upon the same lot, the required parking facilities to which they are appurtenant.
(5) No part of an off-street parking facilities required for any building or use for the purpose of complying with the provisions of this chapter shall be included as part of an off-street parking area similarly required for another building or use unless the type of structure indicates that the periods of usage of such structures will not be simultaneous with each other.
(6) In case of mixed uses, the total requirement for off-street loading space shall be the sum of the requirements of the various uses computed separately as specified in the preceding sections, and the off-street loading space for one use shall not be considered as providing the required off-street loading space for any other use.
(7) Nothing in this chapter shall be construed to prevent the joint use of off-street parking or off-street loading for two or more buildings or uses, if the total of such spaces when used together shall not be less than the sum of the requirement for the various individual uses computed separately in accordance with the preceding sections.
(8) All off-street parking facilities required pursuant to the provisions of this chapter shall be surfaced with asphalt, bituminous cement binder pavement or gravel if treated in such a manner so as to provide a durable and dustless surface water. Any lighting in connection with off-street parking shall be so arranged as to reflect the light away from all adjoining residence buildings, residence zones or streets.
(9) No certificate of occupancy will be issued upon completion of any building or repair operations unless and until all off-street parking requirements, shown upon the plans, or made a part of the building permit, shall be in place and ready for use.
(Ord. passed 2-25-1960)
With prior approval of the City Council, property owners may divide the ownership of two-family dwellings so that each unit may be owned separately only in accordance with this section.
(A) Yards required. Side yards for interior common boundaries of two-family dwellings may be zero. INTERIOR COMMON BOUNDARY shall mean the boundary between individual units of a two-family dwelling.
(B) Sewer connections. Two-family dwellings must have separate sanitary sewer connections according to city code. The sewer service shall be separate to the property line for each dwelling unit. The sewer service may be combined in one sewer at the right-of-way line, with connections to be on public right-of-way. All pipes shall be sized in accordance with IEPA regulations and cleanouts shall be installed at the right-of-way line. This section shall apply only to two-family dwellings constructed after January 1, 2001.
(C) Applicability of code. Except as specifically modified in this section, all requirements of the applicable zoning district and of the city code as a whole shall apply to zero lot line developments.
(Ord. 2006-15, passed 8-14-2006)
(A) Purpose and scope. The primary intent of this section is to regulate the location and use of telecommunications towers, antennas, and related equipment (“telecommunications facilities”) to be located within the city. Therefore, the purpose of this section shall be to:
(1) Comply with all federal and state regulations regarding the placement, use, and maintenance of telecommunications facilities;
(2) Encourage the continued improvement of wireless telecommunications service in the city;
(3) Minimize, to the extent permitted by law, the proliferation of unsightly towers and equipment throughout the city;
(4) Promote both property maintenance and renovation of telecommunications equipment;
(5) Recognize the commercial communication requirements of all sectors of the business and residential communities.
(B) Zoning districts permitted. Telecommunications facilities are permitted in all zoning districts within the city as a conditional use, subject to the satisfaction of the requirements imposed by this section.
(C) Priority.
(1) Telecommunications towers and equipment locations are subject to the following order of priority:
(a) Public property, as defined within § 155.03 of the Telecommunications Towers and Equipment Code, then;
(b) Industrial I-1 and I-2 and agricultural zoned property, but if no such properties are commercially feasible for purchase or lease by the applicant for the conditional use permit, then;
(c) Commercial C-l, C-2, and C-3 zoned property, but if no such properties are commercially feasible for purchase or lease by the applicant for the conditional use permit, then;
(d) Residential R-l, R-2, R-2A, R-3, and R-4 zoned property (collectively an “avoidance site”), except in the case of public property.
(2) A telecommunication tower and equipment typically shall not be located in an avoidance site, except in the case of public property, unless the applicant can demonstrate, by a written statement from a licensed engineer certifying that this regulation “has the effect of prohibiting” service as provided for in the Telecommunications Act of 1996, as amended from time to time, unless a tower is constructed in an avoidance site. See § 155.05(C)(8)(d) of the Telecommunications Towers and Equipment Code.
(D) Application.
(1) An application requesting a conditional use permit for the construction of a telecommunications facility shall be submitted to the city’s Zoning Board of Appeals for review. Following a public hearing, the Zoning Board of Appeals shall then review the application and present it to the City Council with its recommendation regarding the approval or disapproval of the conditional use permit. The City Council shall consider the Zoning Board of Appeals’s recommendations regarding the application, and shall vote on the application at a regularly scheduled City Council meeting or at a special meeting of City Council properly noticed, which vote shall be binding and final regarding the decision to grant or deny the conditional use application.
(2) The applicant must serve, personally or via U.S. Mail, all adjacent landowners with a notice of the above-described public hearing no later than 15 days prior to the hearing. Proof of service upon the adjacent landowners shall be provided by the applicant to the Zoning Board of Appeals at or prior to the public hearing, and a finding shall be made whether the proof of service was filed in the Zoning Board of Appeals recommendation. For purposes of this section, ADJACENT LANDOWNERS shall include property owners directly adjacent to the proposed location or those directly across any street or alley from the proposed location.
(E) Grounds for denial of application. The City Council shall issue a final and binding determination as to whether to grant or deny the application for a conditional use permit for a telecommunications facility. Applications may be denied on any of the following grounds:
(1) Finding that the proposed telecommunications facility would be detrimental to the public health, safety, or welfare due to the proposed site location;
(2) Finding that the proposed telecommunications facility would destroy the essential nature or character of the location of the proposed site;
(3) Finding that the proposed telecommunications facility would cause actual harm to a location with historical or cultural significance;
(4) Finding that the proposed telecommunications facility would cause actual harm to the environment due to the location of the proposed site;
(5) Finding that the proposed telecommunications facility would be or is noncompliant with any applicable laws and regulations, including, but not limited to, any other ordinances of the city.
(Ord. 2023-8, passed 9-13-2023)
Whoever violates any provision of this chapter for which another penalty is not specifically provided, shall be fined not less than $250 or more than $750 for any code violation occurrence where another fine is not specifically provided, and each day the violation continues shall constitute a separate offense.