Chapter 16-04 GENERAL PROVISIONS AND ADMINISTRATION

The ordinance codified in this title shall be known and may be cited and referred to as the “Zoning Ordinance of the city of Harvey, Illinois.” (Ord. 2286 § 1.0, 1982)

16-04-020 Purpose.

This title is intended to encourage the growth and development of the city in accordance with a comprehensive plan so that the city may realize its potential as a place to live and work. To that end, the purposes of this title are to:

A. Regulate the use of land and structures in residential, commercial, industrial and institutional districts in the city;

B. Regulate the location, height and size of building or structures, yards, courts and other open spaces;

C. Regulate the density and distribution of population and the use intensity of use of land for residence, trades, industries, public activities and other specified purposes;

D. Implement the comprehensive plans of the city and guide further developments of the area in relation to the capacity of streets, water and sanitary systems;

E. Provide for the gradual elimination of non-conformities which may adversely affect the character and value of desirable development in each district;

F. Divide the city into zoning districts of such shape, size and number required to carry out these regulations and to provide for their enforcement; and

G. Define and limit the powers and duties of the administration officers and bodies as provided in the ordinance codified in this title. (Ord. 2286 § 2.1, 1982)

16-04-030 Necessity of regulations.

These regulations are necessary in order to:

A. Provide for the most appropriate use of land;

B. Conserve and stabilize values of property;

C. Provide adequate open space for the passage of light and air;

D. Enable the city to provide utilities and services in the most efficient manner,

E. Promote the health, safety and general welfare of the citizens of Harvey. (Ord. 2286 § 3.0, 1982)

16-04-040 Rules of construction and definitions—Generally.

In construing this title, the rules and definitions contained in Sections 16-04-050 and 16-04-060 shall be observed and applied, unless the definition clearly indicates otherwise. (Ord. 2286 § 4.0, 1982)

16-04-050 Rules of construction.

A. Wherever appropriate in the context of this title, the singular number shall be deemed to include the plural and the plural the singular, and the masculine gender shall be deemed to include the feminine and neuter.

B. The word “shall” is mandatory and not discretionary.

C. The word “may” is permissive.

D. The word “lot” shall include the words “piece” and “parcel”; the word “building” includes all other structures of every kind regardless of similarity to building; and the phrase “used for shall include the phrase “arranged for,” “designed for,” “maintained for” and “occupied for.”

E. Unlisted uses are prohibited by this title. The listing of a use as “prohibited” or “not permitted” in this title shall not be construed to permit unlisted uses by inference. (Ord. 3460 § 3(A), 2022; Ord. 3459 § 3(A), 2022; Ord. 2286 § 4.1, 1982)

16-04-060 Definitions.

As used in this title:

“Accessory structure” means a structure which is subordinate to a principal structure and is located on the same lot.

“Accessory use” means a use that:

1. Is subordinate in area, extent, and purpose to, and serves, a principal use;

2. Is customarily found as an incident to such principal use;

3. Contributes to the comfort, convenience, or necessity of those occupying, working at, or being served by such principal use;

4. Is, except as otherwise expressly authorized by the provisions of this title, located on the same zoning lot as such principal use; and

5. Is under the same ownership and control as the principal use.

“Adult book store” means an establishment having as a substantial or significant portion of its stock in trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” or an establishment with a segment or section devoted to the sale or display of such material.

“Adult entertainment cabaret” means a public or private establishment which is located to serve food and/or alcoholic beverages and/or which features topless dancers, go-go dancers, exotic dancers, male or female strippers, male or female impersonators, male or female nude performers or dancers, and similar live entertainment, or wherein persons are permitted to perform acts of or acts which simulate:

1. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.

2. The touching, caressing or fondling on the breast, buttocks, anus or genitals.

3. The displaying of the pubic hair, anus, vulva or genitals.

“Adult mini motion picture theaters” means an enclosed building with a capacity for less than fifty (50) persons used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” for observation by patrons therein,

“Adult motion picture theaters” means an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” for observation by patrons therein.

“Alley” means a public way, not more than thirty (30) feet wide, which affords only a secondary means of access to abutting property, other than a right-of-way or easement for public utility purposes.

“Alteration” means any act or process which changes one or more of the “exterior architectural features” of a structure designed for preservation.

“Amend” includes the terms “supplement” “change” or “repeal.”

Apartment. See “Dwelling.”

Apartment House. See “Dwelling, multiple unit.”

“Arcade” means four or more coin operated entertainment devices such as pinball or video machines.

“Architectural appearance” includes the architectural character, general composition, and general arrangement of the exterior of a structure including the kind and texture of the building materials and the type and character of all windows, doors, light fixtures, signs and appurtenant elements, visible from public streets and thoroughfares.

Automobile. See “Motor vehicles.”

“Awning” means a rooflike cover which projects from the wall of a building and overhangs into a required yard.

“Balcony” means a raised railed platform projecting from the wall of a building.

“Basement” means a story partly or wholly below grade level.

“Bay window” means a window or series of windows forming a bay or recess in a room and projections outward from the wall in a rectangular, polygonal or curved form.

Billboard. See “Sign, advertising.”

“Boarding house” means a building, other than a hotel or restaurant, where lodging and meals are provided for compensation for other than members of the keeper’s family.

“Book and stationery store” means an establishment dealing in books, printed materials and stationery supplies which is not an adult book store.

“Building” means any structure with walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings and which is designed or intended for the shelter, enclosure or protection of persons, animals or property.

Building, Attached. “Attached building” means a building which has any part of its exterior or bearing wall in common with another building or which is connected to another building by a roof.

“Building coverage” means the proportion of the ground area of all buildings located on a zoning lot to the total area of the zoning lot.

Building, Detached. “Detached building” means a building having no structural connection with another building.

“Building height” means the vertical distance measured from the finished grade level, sidewalk level or its equivalent established grade from the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; or to the mean height level between eaves and ridge of a gable, hip or gambrel roof.

“Building permit” means a permit issued by the city for the construction, erection or alteration of a structure or building.

Building, Principal. “Principal building” means a building in which is conducted the main or principal use of the zoning lot on which said building is situated. Where a part of an accessory structure is attached to the principal building in any manner, as by a roof, such accessory building shall be considered to be part of the principal building.

“Building setback line” means a line parallel to the street right-of-way at a distance regulated by the front yard requirements in this title.

“Business” means the engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services or the maintenance or operation of offices or recreational and amusement enterprises.

“Business school” means a privately-owned school, not conducted by or under the sponsorship of a charitable organization, which teaches secretarial, bookkeeping, accounting or other similar office or clerical skills.

“Cannabis” means “cannabis” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

“Cannabis business establishment” means a “cannabis business establishment,” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended; such other cannabis business establishments authorized under the Act, as amended; or a medical cannabis dispensary, or medical cannabis cultivation center.

“Cannabis craft grower” means a “craft grower” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

“Cannabis cultivation center” means a “cultivation center” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

“Cannabis dispensary” means a “dispensing organization” and “dispensary” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

“Cannabis infuser” means an “infuser organization” or “infuser” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

“Cannabis processor” means a “processing organization” or “processor” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

“Cannabis transporter” means a “transporting organization” or “transporter” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.

“Canopy” means a roofed structure which projects from the wall of a building and overhangs into a public way.

“Carport” means a roofed structure designed and intended to shelter motor vehicles on residential property, with at least two of the four sides open to the weather.

“Certificate of appropriateness” means a certificate from the planning and zoning commission authorizing plans for alterations, construction, removal or demolition of a structure or site within its jurisdiction as defined by this title.

“Charitable organization” means an organization organized and operated exclusively for public charitable purposes as defined in the Internal Revenue Code of 1954, as amended.

“City” means the city of Harvey, Illinois.

“City council” means the common council of the city of Harvey.

Clinic, Medical or Dental. “Medical or dental clinic” means a facility where three or more licensed physicians or dentists actively engage in the practice of medicine or dentistry on an out-patient basis.

“Construction” means the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition or removal shall be deemed construction.

“Cubic yards” means the amount of material in excavation and/or fill measured by the method of “average and areas.”

“Cul-de-sac” means a street having one end and being permanently terminated by a vehicle turnaround.

“Curb out” means lowering the grade level to allow motorized vehicular ingress to and egress from property.

Day Care Center. A “day care center” means (a) a place which receives children for care, maintenance and supervision in a structure other than a private residence for less than twenty-four (24) hours per day and unattended by a parent or legal guardian; and (b) any place, including a structure attached to but separate from a private residence, which receives more than ten children for care and maintenance and supervision for less than twenty-four (24) hours per day unattended by a parent or legal guardian.

“Development” means any man-made change to improved or unimproved real estate, including but not limited to construction of or substantial improvements to buildings or other structures, the placement of mobile homes, mining, dredging, filling, grading, paving, excavation or drilling operation.

“Developmentally disabled person” means a person who suffers from severe chronic disability which: (a) is attributable to mental and/or physical impairment; (b) is manifest before age twenty-two (22); (c) is likely to continue indefinitely; and (d) results in substantial functional limitations in three or more of the following areas of major life activity:

1. Self-care,

2. Receptive and expressive language,

3. Learning,

4. Mobility,

5. Self-direction,

6. Capacity for independent living, or

7. Economic self-sufficiency.

This person’s condition reflects a need for a combination and sequence of selected interdisciplinary care and services that are of a life-long or extended duration and are individually planned and coordinated.

“Developmentally disabled person” means a person suffering from a developmentally disabling disease including, but not limited to mental retardation, epilepsy, autism, cerebral palsy or dyslexia.

“Director of the department of planning” means the person or designee charged with administering the ordinance codified in this title.

“Disability” means a physical or mental impairment which substantially limits one or more of a person’s major life activities, impairs their ability to live independently, or a record of having such an impairment, or being regarded as having such an impairment, but such term does not include current use of, nor addiction to, a controlled substance.

Dwelling, Duplex. “Duplex dwelling” means a building for two dwelling units.

Dwelling, Fourplex, Multiple-Family. “Multiple-family fourplex dwelling” means a building containing three or more dwelling units.

Dwelling, One-Family. “One-family dwelling” means a building containing one dwelling unit.

Dwelling, Row or Town House. “Row or town house dwelling” means a building having three or more dwelling units, each of which has at least one wall in common with an adjoining dwelling unit.

Dwelling, Two-Family. See “Duplex.”

“Dwelling unit” means one or more rooms which are arranged, designed, or used as living quarters for a family, or for a community residence as a single house-keeping unit. A dwelling unit includes bathroom and kitchen facilities in addition to sleeping and living areas.

Dwelling Unit, Efficiency. “Efficiency dwelling unit” means a dwelling unit consisting of one room exclusive of bathroom, kitchen or dining alcove adjacent to the principal room, provided such dining alcove does not exceed one hundred (100) square feet in area.

“Easement” means a grant by the property owner for the use of land.

“Excavation” means any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting from any excavation or fill.

“Fence” means a structure partially or completely surrounding a part of or the whole of a zoning lot which is intended to prevent intrusion; but not including a hedge or other natural growth.

“Flood” means the condition existing when the waters of any watercourse, pond, or depression temporarily rise to a height above their normal levels and overflow the boundaries within which they are ordinarily contained. It also includes the unusual rapid accumulation or runoff of surface waters.

“Flood base” means the flood having a one percent chance of being equaled or exceeded in any given year. The base flood is also known as the one-hundred-year flood. If the one-hundred-year flood information is not available, the base flood shall be the flood of record.

“Flood base area” means the land area subject to inundation by waters of the base flood.

“Flood compensation storage” means an artificially excavated volume of storage within the base flood area used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the floodplain. The uncompensated loss of natural floodplain storage can increase off-site floodwater elevations and flows.

“Flood elevation base” means the highest water surface elevation of the base flood.

“Flood freeboard” means an increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, unknown localized conditions, wave actions, and unpredictable effects such as may be caused by ice or debris jams.

“Flood hazard boundary map (FHBM)” means an official map of the city, issued or approved by the Administrator of the Federal Insurance Administration, on which the areas having special flood hazards have been drawn and designated as Zone A.

Flood, Hydrostatic Uplift. “Hydrostatic uplift flood” means the upward pressure exerted on floorslabs or an entire structure by standing water or groundwater, which tends to float a structure or crack the floor. It is based on the difference in elevation between the surface level of the water. Hydrostatic pressure may also be horizontal imposing forces on walls causing them to crack or fail.

“Flood insurance study (FIS)” means an examination and evaluation of hydrologic and hydraulic data sponsored by the Federal Insurance Administration to determine base flood flows, elevations, areas and floodways. The FIS also determines flows, elevations and areas of floods having lesser and greater frequencies of occurrence.

“Flood of record” means an actual historical flood event for which sufficient records are available to establish its extent. No uniform probability of occurrence is associated with flooding of record. However, the probability of occurrence may be determined for the event at specific locations.

Flood, One-Hundred Year. “One-hundred year flood” means a flood magnitude with one percent statistical chance of being equaled or exceeded during any year. A flood this large would be reached once during a one-hundred-year period, on the average. However, the occurrence of such an event does not diminish the chance of its recurring again at any time.

“Floodplain” means the special flood hazard lands adjoining a watercourse, whose surface elevation is lower than the base flood elevation, that are subject to periodic inundation during floods.

“Flood profile” means graphical representations of the elevations of the water surface of the one-hundred-year flood along the watercourses of the city.

“Floodproofing” means modifications to structures made to reduce flood damages. These changes may be made to existing structures or incorporated in the design of new structures. In all instances, floodproofing must be watertight and must be adequate without the need for human intervention.

“Flood protection elevation” means the elevation to which uses regulated by this title are required to be elevated or floodproofed.

“Flood return period” means the same as “flood frequency.”

“Flood risk premium rate zones” means flood hazard areas designated according to the degree of flooding they would experience during the base flood. The symbols used to designate these zones are as follows:

Zone Symbol:
A	Area of special flood hazard without water surface elevations determined.
A1-99	Area of special flood hazard with water surface elevations determined.
AH	Areas of special flood hazards having a level water surface (ponding) with water depths between one and three feet.
AO	Area of special flood hazards having a sloping water surface (sheet runoff) with water depths between one and three feet.
VO	Area of special flood hazards having shallow water depths and/or unpredictable flow paths between one and three feet and with velocity.
B	Area of moderate flood hazards.
C	Area of minimal hazards.

“Flood special hazard area” means the land which is subject to a one percent change of flooding annually. This area may also be identified as that which is subject to the one-hundred-year flood. The area is designated as Zone Q, A1-99, AH, or AO on the maps provided by the Federal Insurance Administration.

“Floodway” means the channel of a watercourse and those portions of the adjoining floodplains which are required to carry and discharge the one-hundred-year flood with no significant increase in the base flood elevation.

“Floodway encroachment lines” means the lateral boundaries of the floodway which separates it from the flood fringes.

Floor Area, Gross. “Gross floor area” means the total number of square feet of floor space within the surrounding walls of a building or structure, or portion thereof, exclusive of vents, shafts, hallways, closets and courts.

Garage, Private. “Private garage” means a detached accessory building or portion of the principal building designed, arranged, used or intended to be used for the storage of passenger automobiles of the occupants of the premises.

Garage, Public. “Public garage” means a building, other than a private garage, where motor vehicles are parked or stored within the structure, but not including such a building intended to house trucks, tractors, truck trailers and commercial vehicles exceeding 1 1/2 ton capacity.

Garage Sale. See “Sales, rummage-private and public.”

“Historic preservation district” means any area designated by the city council, as petitioned by community members, which contains a concentration of historic sites, as well as those abutting improvements which the council determines should fall under the provisions of this section to assure that their appearance and development are harmonious with such district or sites.

“Historic preservation landmark” means any improvement which has special character or special historical or aesthetic interest or value as part of the development, heritage or cultural characteristics of the city, the state of Illinois, or the nation which has been designated as a landmark pursuant to the provisions of this title or by placement on the National Register of Historic Places.

“Home occupation” means:

1. A gainful occupation or hobby customarily carried on by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit for residential purposes. The home occupation shall be carried on wholly within the principal building or within a building accessory thereto and only by members of the family occupying the premises.

2. No article shall be sold or offered for sale on the premises except such as is produced by the occupation on the premises, and no mechanical or electrical equipment shall be installed or maintained other than such as is customary incidental to domestic use.

3. There shall be no exterior display, no exterior sign except as allowed in the sign regulations for the district in which the home occupation is located, no exterior storage of materials, no other exterior indication of the home occupation or variation from the residential character of the principal building, and no offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.

4. Offices, clinics, medical, dental and other health care facilities, hospitals, barber shops, beauty parlors, dress shops, millinery shops, tea rooms, restaurants, tourist homes, animal hospitals and kennels, among others, shall not be deemed to be home occupations.

“Hospice” means a temporary residential living arrangement for persons with a disease that requires full-time support, therapy, and/or treatment.

“Hospital” means an establishment providing accommodations, facilities and services on a continuous twenty-four-hour basis for persons suffering from illness, injury, or conditions requiring obstetrical, medical or surgical services. Hospitals shall not include nursing homes, convalescent centers or extended health care facilities.

“Junk yard” means an open area where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, disassembled or handled, including wrecking yards but excluding similar uses taking place entirely within an enclosed building.

“Kennel” means any lot or building on which more than four animals over four months of age are kept.

“Laboratory” means a place devoted to experimental study, such as testing and analyzing.

“Lot coverage” means the portion of the zoning lot covered by a building, patios, swimming pools and the such.

“Lot depth” means the shortest distance between the front and rear lot lines measured in the mean direction of the side lot lines.

Lot, Interior. “Interior lot” means a lot having frontage on one street and abutting lots on the other three sides.

“Lot of record” means an area of land designed as a lot on a subdivision plat recorded or registered pursuant to statute with the recorder of city.

Lot, Reversed Corner. “Reversed corner lot” means a corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.

Lot, Through. “Through lot” means a lot having frontage on two parallel or approximately parallel streets and which is not a corner lot.

Lot, Zoning. See “Zoning, lot.”

Marquees. See “Canopy.”

“Massage” means the performance of manipulative exercises upon the human body of another by rubbing, kneading, stoking or tapping with the hand or hands, or with any mechanical or bathing device with or without supplementary aids.

“Massage parlor” means any place or establishment where a massage is made available.

“Massage school” means any place or establishment or facility which provides instructions in the theory, method and practice of massage.

“Medical cannabis cultivation center” means a “cultivation center” as defined in Section 10 of the Compassionate Use of Medical Cannabis Program Act, as amended.

“Medical cannabis dispensary” means a “medical cannabis dispensing organization,” “dispensing organization,” or “dispensary organization,” as defined in Section 10 of the Compassionate Use of Medical Cannabis Program Act, as amended.

“Mobile home” means a dwelling unit designed and built to be towed on its own chassis and used without a permanent foundation for continuous year-round occupancy; or two or more units separately towable, but designed to be joined together at the point of use to form a single dwelling unit and which is designed for removal to an installation and erection on other sites.

“Mobile home development” includes both mobile home park and mobile home subdivision.

“Mobile home park” means a parcel or contiguous parcels of land which has been so designed and improved that it contains two or more mobile home lots available to the general public for sale or rent and placement thereon of mobile homes for occupancy.

“Motel” means a building or a group of buildings containing sleeping units, each with bathroom facilities, designed for or used primarily on a temporary basis by automobile tourists or other transients with parking conveniently located to each unit.

“Motor freight terminal” means a building in which freight, brought to said building by motor truck, is sorted for further shipment by motor truck.

“Motor vehicle” means a device in, upon or by which any person or property may be transported or drawn upon a public way, except devices moved by human or other animal power or used exclusively upon stationary rails or tracks.

Motor Vehicle, Commercial. “Commercial motor vehicle” means any motor vehicle used to transport persons or equipment for private business purposes.

Motor Vehicle Repair, Major. “Major motor vehicle repair” means engine rebuilding or major reconditioning of motor vehicles or trailers, including body, frame or fender straightening or repair, and overall painting of vehicles.

Motor Vehicle Repair, Minor. “Minor motor vehicle repair” means incidental repairs, replacement of parts and other service to motor vehicles, but not including major motor vehicle repairs.

“Motor vehicle sales lot” means any premises where three or more vehicles are offered for sale or sold during any calendar year.

“Motor vehicle service station” means a place where gasoline stored only in underground tanks, kerosene, lubricating oil or grease and other similar products used in the servicing and/or operation of automobiles are offered for sale directly to the public on the premises, including minor accessories and services for automobile but not including major motor vehicle repairs; and including washing of automobiles where no chain conveyor, blower or steam cleaning device is employed.

“Motor vehicle wash” means a building, or portion thereof, where motor vehicles are washed.

“Motor vehicle wrecking yard” means any place where two or more motor vehicles, not in running condition or otherwise legally operable on public ways, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, including farm machinery stored in the open and not being restored to operating condition.

“Net site area” means total area of a parcel of land, excluding rights-of-way.

“Nonconforming lot” means a lot of record which does not conform to the lot area or lot width regulations of this title.

“Nonconforming building or structure” means a building or structure or portion thereof which does not comply with all of the regulations of the district in which such structure is located.

“Nonconforming use” means the use of land, structures or structures and land which does not conform to the regulations of the district in which such use is located.

“Noxious matter” means offensive to the human senses, especially sight or smell.

“Off-street parking area” means an impervious surfaced area which is designated for the parking of vehicles and which is not a public way.

“On-premises cannabis consumption establishment” means a cannabis dispensary or retail tobacco store (as defined in Section 10 of the Smoke Free Illinois Act) authorized or permitted to allow the on-premises consumption of cannabis.

“Open space” means total horizontal area of all portions of the lot not covered by buildings or structures.

“Overlay district” means a district imposing requirements in addition to the regulations of the underlying district.

“Parcel” means all contiguous land in one ownership.

Parking Area, Public. “Public parking area” means an area, other than a street, used for the temporary parking of more than four automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.

Parking Space, One Off-Street. “One off-street parking space” means the area required for parking one automobile.

“Permittee” means any person to whom a site development permit is issued.

“Person” means any person, firm or corporation public or private, the state of Illinois and its agencies or political subdivisions, and the United States of America, its agencies and instrumentalities, and any agent, servant, officer or employee of any of the foregoing.

“Personal service” means a business or service carried out on an individual basis. Such use shall include but not be restricted to instruction in music, dance, arts and crafts, photographic services, beauty parlors and barber shops, tailoring, etc.

“Planned unit development” means a tract of land which is developed as a unit under single ownership or control and which may include two or more principal buildings.

“Planning department” means the department of the city of Harvey charged with enforcing this title, including the planning director or their designees, the economic development director or their designees, and such other personnel designated by the city administrator to enforce this title. They are also the staff of the planning and zoning commission.

“Plat” means a map or chart indicating the subdivision or resubdivision of land intended to be filed for record.

“Porch” means a roofed-over structure projecting out from the wall or walls of a principal structure and commonly open to the weather.

“Public utility” means any person or municipal department duly authorized to furnish to the public regulation electricity, gas, steam, telephone, telegraph, transportation, water, cable television and other similar services.

“Public way” means land which is subject to use by the general public, for general transportation purposes or conveyance of utilities, including but not limited to streets, alleys, boulevards, highways and roads and other easements and right-of-ways, whether or not in fact improved or actually used for such purposes.

Recreation Facility, Outdoor. “Outdoor recreation facility” means a use of land for recreational purposes, either private or public, where such use requires no structure for the principal activity. Uses so defined shall include but not be limited to: golf course, outdoor tennis court, and swimming pools, but shall not include putt-putt golf, amusement parks, or other miscellaneous commercial recreation fads which shall be defined as “amusement.”

“Removal” means cutting vegetation to the ground or stumps, complete extraction or killing by spraying.

“Restaurant” means a building or part of a building where meals are prepared and sold to the public for consumption inside the building.

Restaurant, Carry-out. “Carry-out restaurant” means a restaurant where meals are sold to the public for consumption other than inside the building.

Restaurant, Drive-in. “Drive-in restaurant” means a restaurant that provides meals for persons at or in their cars, whether or not meals are also provided for consumption inside the building.

Rooming House. See “Lodging house.”

Sale, Rummage-private. “Private rummage sale” means a sale of used clothing and/or household items conducted only by the immediate members of one or two families in a residence, private garage, porch or rear yard.

Sale, Rummage-public. “Public rummage sale” means a temporary sale, conducted by a nonprofit organization such as a church or club, where the members of the group bring articles or items to a central building to be sold to raise money for use by the organization.

“Schools” mean public, charitable or nonprofit institutions offering a general academic curriculum, including but not necessarily limited to primary and secondary schools, junior colleges, colleges and universities and military academies, which may also include living quarters, dining rooms, restaurants, heating plants and incidental facilities, but excluding trade and business schools.

“Screening” means a hedge, fence or wall, or any combination thereof, used to reduce visual and audible effects of adjoining uses.

Setback Line, Building. See “building setback line.”

“Shelter care home” means a single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty-four (24) hour basis, or present whenever residents with disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located.

Sign. As used in this title, the term “sign” refers to any device of display which bears lettered, pictorial or sculptured matter, including its structural support, that is designed to inform or attract the attention of persons not on the premises on which the sign is located. In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered to be a single sign.

“Sign area” refers to that area enclosed by one continuous line, connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one time from any one point. This area does not include the main supporting sign structure, but all other ornamental attachments, inner connecting links, etc., which are not a part of the main supports of the sign. When the sign is attached or painted on a surface, a building canopy, awning, wall or window, the area is that of the smallest rectangle or other geometric shape that encompasses all of the letters or symbols and discernible background.

Sign, Flashing. “Flashing sign” means an illuminated sign on which the artificial light is not maintained stationary or constant in intensity or color.

Sign, Freestanding. “Freestanding sign” means a sign which is completely principally self-supported posts or other supports independent of any building or other structure.

Sign, Illuminated. “Illuminated sign” means a sign which has a steady source of artificial light is maintained in intensity or color.

Sign, Marquee, Canopy or Awning. “Marquee, canopy or awning sign” means a sign displayed, maintained or supported upon an overhanging marquee, canopy, awning or other similar cover or shelter projecting from a building or structure.

Sign, Nameplate. “Nameplate sign” means a sign indicating the name and/or address of a building or the name of an occupant thereof and/or the practice of a permitted occupation therein.

Sign, Off-premises. “Off-premises sign” means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed. Such signs shall be considered principal business uses.

Sign, On-premises. “On-premises sign” means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered upon the premises where such sign is located or to which it is affixed.

Sign, Projecting. “Projecting sign” means a sign, other than a wall mounted sign, which projects from and is supported by or attached to a wall of a building or structure.

Sign, Roof-Mounted. “Roof-mounted sign” means a sign erected, constructed or maintained upon the roof of a building.

Sign, Temporary. “Temporary sign” means a display, banner or sign with or without a structural frame erected, placed or located temporarily to announce a special event, sale, opening or other activity.

Sign, Wall-mounted. “Wall-mounted sign” means a sign attached to the exterior wall of a building or structure which does not project more than eighteen (18) inches (45.72 cm) therefrom. Individual letters, in addition to the box-type sign may also be installed as a wall-mounted sign.

“Site plan” means a diagram showing the dimension of existing structures and yards.

“Sleeping rooms” means a room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom.

“Social rehabilitation center” means an institution established for the purpose of treating, on a temporary resident or nonresident basis, persons with antisocial behavior problems not considered serious enough for the person(s) to be confined to an institution. (See Chapter 16.88).

“Special use” means a use that is not listed as a permitted use in the particular district under this title but which may be compatible with such permitted uses and may promote the realization of the purposes of this title if such special uses are restricted as to number and location in the district and to such other conditions as may be required by the city planning and zoning commission.

“Specified sexual activities” means:

1. Human genitals in a state of sexual stimulation or arousal;

2. Acts of human masturbation, sexual intercourse or sodomy;

3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. “Specified anatomical areas” means:

1. Less than completely and opaquely covered: (i) human genitals, pubic region, (ii) buttock and (iii) female breast below a point immediately above the top of the areola;

2. Human male genitals in a discernible turgid state, even if completely and opaquely covered.

“Story” means that portion of a building included between the surface of any floor and the surface of the floor next above or, if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story when more than one-half of such basement height is above the established curb level or above the finished grade level where curb level has not been established.

Story, Half. A “half story” is that portion of a building under a gable, hip or mansard roof, the wall plates of which on at least two opposite exterior walls, are not more than four and one-half feet (1.37m) above the finished floor of such story. In dwellings less than three stories in height, a half story in a sloping roof shall not be counted as a story; in dwellings three or more stories in height, a half story shall be counted as a story.

“Street” means a public way other than an alley or right-of-way or easement for public utility purposes.

“Structural alterations” means change which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

“Structure” means anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground, including advertising signs, tennis courts and other similar things, but excluding public utility lines and poles.

“Subdivision” means the division of land into two or more lots, whether or not the land was previously divided.

“Substantial improvement” means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. The term does not, however include either:

1. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

2. Any alterations of a structure or site documented as deserving preservation by the Illinois Department of Conservation or listed on the National Register of Historic Places.

“Swimming pool” means an artificial or semi-artificial basin or tank, including all appurtenant equipment, structures and facilities, for the purpose of impounding water to a depth of more than two and one-half feet (.76m) for the immersion or partial immersion therein of human beings.

“Theater” means an establishment used to observe films and other visual material which is neither an adult motion picture theater nor an adult mini motion picture theater.

Townhouse. See “Apartment.”

“Toxic materials” means those pollutants or combinations of pollutants, including disease causing agents, which, after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available to the director, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such organisms or their offspring.

“Trade school” means a privately owned school, not conducted by or under the sponsorship of a charitable organization, which teaches industrial or technical arts.

Trailer, School. See “Mobile home.”

“Truck brokerage” means a business which acts as an agent or negotiator in the transportation of goods for a fee or commission.

Use, Principal. “Principal use” means the main use of land or buildings as distinguished from a subordinate or accessory use.

“Vacant” means land on which there are no structures or only structures which are secondary to the use or maintenance of the land itself.

“Vacation” means a legislative action by the city removing all or parts of claims of access or use of a public way.

Yard, Front. “Front yard” means a yard lying between the front line of the lot and the nearest point of a building.

Yard, Rear. “Rear yard” means a yard lying between the real line of the lot and the nearest point of the principal building, provided that in a through lot, the rear yard shall not include any area which would constitute either a front or a side yard if the lot were not a through lot.

Yard Sale. See “Sales, rummage.”

Yard, Side. “Side yard” means a yard between the main building and the side lot line, extending from the front yard or front lot line, where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building. See drawing below.

“Zoning lot” means a tract of land designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. A zoning lot may or may not coincide with a lot of record.

“Zoning maps” means the map or maps incorporated into this title.

(Ord. 3462 § 11, 2022; Ord. 3460 § 3(B), 2022; Ord. 3459 § 3(B), 2022; Ord. 3007 §§ 1, 2, 1998; Ord. 2286 § 4.2, 1982)

Article II. General Provisions

16-04-070 Interpretations.

A. In their interpretation and application, the provisions of this title are intended to be minimum requirements.

B. When the conditions imposed by any provision of this title vary from the conditions imposed by any other provisions of this title or of any other law, ordinance, resolution, rule, easement or regulation of any kind and the provisions of this title do not specify which conditions are to be applicable, then the regulations which are more restrictive shall govern. (Ord. 2286 § 5.0, 1982)

16-04-080 Scope of district regulations.

A. No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations specified in this title for the district in which it is located.

B. No application for a zoning clearance permit, building permit, license or certificate of occupancy which would authorize the use or change in use of any land or building contrary to the provisions of this title shall be approved by any public agency.

C. No land shall be occupied or used, no excavation or construction started and no building or other structure hereafter erected, moved, added to or structurally altered shall be occupied or used, in whole or in part, for any purpose without a zoning clearance permit issued by the department of planning. (Ord. 2286 § 5.1, 1982)

16-04-090 Lot area and yards.

A. When two parcels of land, either of which lacks adequate area or dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be considered as one zoning lot.

B. No yard or lot existing at the effective date of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements set forth. Yards or lots created after the effective date of this title shall meet at least the minimum requirements established by this title.

C. No part of a yard or other open space or off-street parking or loading space required in connection with any building shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building. (Ord. 2286 § 5.2, 1982)

16-04-100 Building on a zoning lot.

A. Every building hereafter erected or structurally altered to provide dwelling units shall be located on a zoning lot, and there shall not be more than one such principal building on any zoning lot in a residential district, except in planned unit development.

B. Except as otherwise provided in this title, every building shall be constructed or erected upon a lot or parcel of land which abuts on a public street. Permits for buildings proposed on permanent easements of access to a public street may be obtained, provided:

1. The easement and the location of a structure on any lot facing on such easement have been approved by the plan commission;

2. The lot shall meet the requirements set forth in this title, provided that the access easement shall not be included in the zoning lot area;

3. If city sewers are not provided, the lot shall meet the requirements of the local and state health departments. (Ord. 2286 § 5.3, 1982)

16-04-110 Utility exemptions.

The following structures and uses are exempted by this title and permitted in any district poles, towers, cables, conduits, laterals, pipes, mains, valves or any similar distributing equipment for telephone or other communications, electric power, gas water and sewer lines, provided that the installation shall conform where applicable with the rules and regulations of other public authorities having jurisdiction. (Ord. 2286 § 5.4, 1982)

16-04-120 Enforcement.

The department of planning shall be charged with enforcing and interpreting this title. (Ord. 2286 § 5.5, 1982)

16-04-130 Zoning map.

The map or maps that are incorporated in the ordinance codified in this title and are adopted as part of this title. The department of planning is charged with upkeeping the official zoning map. (Ord. 2286 § 5.6, 1982)

Article III. Administration and Enforcement

16-04-260 Zoning clearance authorization.

No land shall be occupied or used, no excavation started, and no building or other structure hereafter erected, moved, added to or structurally altered shall be occupied or used, in whole or in part, for any purpose without authorization from the planning department on the zoning of the land in consideration. (Ord. 2286 § 29.2, 1982)

16-04-270 Certificate of occupancy.

A. It is unlawful to use or occupy or permit the use or occupancy of any structure or land or both or part thereof for any of the following until a certificate of occupancy has been issued by the planning department stating that the proposed use complies with the requirements of this title.

1. Occupancy or use of any structure hereafter erected, changed, converted or wholly or partly altered or enlarged;

2. Occupancy or use of vacant land;

3. Change in the use of an existing structure;

4. Change in the use of land;

5. Change in the use or character of a nonconforming use.

B. Every application for a zoning clearance permit shall be deemed to be an application for a certificate of occupancy.

C. Within ten days after notification that a structure or land or part thereof is ready for occupancy or use, it shall be the duty of the planning department to make final inspection thereof and to issue a certificate of occupancy if the structure or land or part thereof are found to comply with the provisions of this title. (Ord. 2286 § 29.3, 1982)

16-04-280 Variance.

A. The planning and zoning commission shall consider applications only for such variance from provisions of this title as will not be contrary to the public interest where, because of special conditions, a literal enforcement of the provisions of this title will cause unnecessary hardship. As to each variance that is granted, the planning and zoning commission may impose such conditions on the exercise of such variance as the planning and zoning commission may deem available. No variance shall be granted by the planning and zoning commission unless it specifically finds that:

1. Granting the variance would be consistent with the intent and purpose of this title;

2. Special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands or structures in the same district;

3. Literal interpretation of the provisions of this title would deprive the applicant of the rights commonly enjoyed by other properties in the same district under the provisions of this title; and

4. The special conditions and circumstances do not result from any action or inaction by the applicant.

B. No nonconforming use of neighboring lands or structures in the same district and no permitted or nonconforming use of lands or structures in other districts shall be considered grounds for the issuance of a variance.

C. Under no circumstances shall the planning and zoning commission grant a variance to allow a use that is not permissible under the provisions of this title in the district in which such land is located.

D. Except as otherwise specifically provided by law or authorized by this title, the planning and zoning commission shall not be empowered to:

1. Vary the maximum distance between required parking spaces and the use they serve by more than twenty-five (25) percent;

2. Allow the expansion of a legal nonconforming structure or use by more than the following, which shall be the total expansion to be allowed after the effective date of the ordinance codified in this title:

a. Dwellings in a business or manufacturing district: up to thirty (30) percent of the ground floor area of the principal building at the effective date of the ordinance codified in this title or up to two hundred (200) square feet (18.58 square meters), whichever is greater, and the erection of one (1) accessory building where none existed, which may not exceed six hundred (600) square feet;

b. Businesses in residential districts: up to thirty (30) percent of the ground floor area of the principal building at the effective date of the ordinance codified in this title;

c. Industries in residential districts: up to thirty (30) percent of the ground floor area of the principal building at the effective date of the ordinance codified in this title;

d. Industries in business districts: up to fifty (50) percent of the ground floor area of the principal building at the effective date of the ordinance codified in this title.

3. Vary use categories;

4. Vary zoning lot coverage in residential districts;

5. Vary zoning lot size;

6. Vary floor area ratio.

E. The planning and zoning commission’s decision approving or denying a variance shall be a final administrative decision subject to judicial review in accordance with the Illinois Administrative Review Law. (Ord. 3462 § 12, 2022; Ord. 2286 § 29.4, 1982)

16-04-290 Appeals.

A. The planning and zoning commission shall consider appeals from any order, requirement, decision or determination made by the planning department.

B. Appeals to the planning and zoning commission shall specify the error upon which the appeal is based.

C. Within thirty (30) days after the alleged error, the appellant shall file such appeal with the planning department in such form as may be prescribed from time to time by the planning and zoning commission.

D. The planning and zoning commission shall hold a public hearing on each appeal. At least fifteen (15) days prior to the date set for such hearing, public notice of the time, date and place thereof shall be given by publication in a newspaper of general circulation in the city and, in addition, actual notice of such hearing shall be given to all parties interested in such hearing.

E. Immediately following the filing of an appeal, all actions pursuant to the order, requirement, decision or determination from which the appeal is taken shall be stayed, unless the planning department shall certify to the planning and zoning commission that, by reason of facts stated in such certificate, a stay of such action would cause imminent peril to life and property. (Ord. 3462 § 13, 2022; Ord. 2286 § 29.5, 1982)

16-04-300 Amendments to title.

A. This title may be amended by action of the city council; provided, however, that any proposed amendment shall be considered by the planning and zoning commission and a recommendation made thereon before any final action is taken by the city council.

B. Amendments to this title may be initiated by a request from the city council to the planning and zoning commission or as a petition either by the planning and zoning commission or by the owners of fifty (50) percent or more of the area involved in the petition. Petitions shall be filed in the planning department on the form prescribed by the planning and zoning commission.

C. Unless a zoning lot or parcel of land has a minimum of one hundred (100) feet (30.48 meters) of frontage and minimum of ten thousand (10,000) square feet (929.03 square meters) of area, no amendment shall be passed to rezone such zoning lot or parcel of land except where, in the event of passage of such amendment, said lot or parcel so rezoned would be in the same zoning district or in a more restrictive zoning district than every adjoining zoning lot or parcel of land.

D. The planning and zoning commission shall hold a public hearing before final recommendation to the city council. At least fifteen (15) days prior to the date set for such hearing, public notice of the time, date and place thereof shall be given by publication in a newspaper of general circulation in this city.

E. Following the public hearing, the planning and zoning commission shall make its recommendation, which shall be certified by the secretary and presented by the secretary or a member of the planning and zoning commission at the first meeting of the city council after the planning and zoning commission has made its recommendation.

F. Unless the city council has within one hundred twenty (120) days after such certification of the planning and zoning commission’s recommendation taken final action on the amendment, the amendment shall be deemed adopted by the city council and shall have the same effect as all other ordinances.

G. If the original recommendation of the planning and zoning commission is adverse to and recommends denial of all amendments, then the amending ordinance shall not be passed except by an affirmative vote of at least seventy-five (75) percent of the members of the city council. Failure of the city council to pass such proposed amending ordinance by said affirmative vote within ninety (90) days after its rejection by the planning and zoning commission shall constitute rejection of the proposed amending ordinance, and it shall not be reconsidered by the planning and zoning commission or city council until the expiration of one (1) year after the date of the original recommendation of denial by the planning and zoning commission. (Ord. 3462 § 14, 2022; Ord. 2286 § 29.6, 1982)

16-04-310 Special use permit—Purpose.

The ordinance codified in this title is based upon the division of the city into districts, within which the land uses, and the uses and bulk of buildings and structures are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, can only be properly classified in any particular district or districts upon consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two categories:

A. Uses publicly operated or traditionally affected with a public interest; and

B. Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property, public facilities, or the city as a whole. (Ord. 2286 § 29.7(1), 1982)

16-04-320 Special use permit—Application and notice of hearing.

An application for a special use permit shall be filed in duplicate with the planning department without delay. The application shall be in such form, contain such information, and be accompanied by such plans, as the planning and zoning commission may by rule require. The planning and zoning commission shall hold a public hearing on such application not more than sixty (60) days after its filing. Notice of the time and place of such hearing shall be published at least once, but not more than thirty (30) days nor less than fifteen (15) days before the hearing, in a newspaper of general circulation in the city. The published notice may be supplemented by such additional forms of notice as the commission may provide by rule. (Ord. 3462 § 15, 2022; Ord. 2286 § 29.7(2), 1982)

16-04-330 Special use permit—Report.

Within sixty (60) days after the close of the hearing, unless the applicant shall have consented to a longer period, the commission shall transmit to the council a written report giving its findings and recommendations for action to be taken by the council on the application. The report shall include any recommended conditions or restrictions to be imposed upon the premises benefited by the special use permit. (Ord. 3462 § 15, 2022; Ord. 2286 § 29.7(3), 1982)

16-04-340 Standards for special use permits.

No special use permit shall be granted unless:

A. The proposed use is designated by this title as a special use in the district in which the use is to be located;

B. The proposed use will comply with all applicable regulations in the district in which the use is to be located;

C. The location and size of the proposed use, the nature and intensity of the operation involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located;

D. The location, nature, and height of buildings, walls and fences, and the nature and extent of the Landscaping on the site are such that the use will not unreasonably hinder or discourage the appropriate development and use of adjacent land and buildings;

E. Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining uses, and the entrance and exit drives will be laid out so as to prevent traffic hazards and nuisances;

F. The proposed use will not cause substantial injury to the value of other property in the neighborhood;

G. Conditions in the area have substantially changed, and at least one year has elapsed since any denial by the council of any prior application for a special use permit that would have authorized substantially the same use of all or part of the site;

H. The council shall impose such conditions and restrictions upon the premises benefited by a special use permit as may be necessary to assure compliance with the standards in this section, to reduce or minimize the effect of such permit upon other properties in the neighborhood, and to better carry out the general intent of this title. Failure to comply with any such condition or restriction shall constitute a violation of this title. Further, the council may revoke the special use permit with due notice for violation of the terms of the permit or the way presented. (Ord. 2286 § 29.7(4), 1982)

16-04-350 Term of special use permit.

The term of the special use permit shall be concomitant with the operator unless the building was especially built or renounced for the special use, in which case the special use permit will run with the building. (Ord. 2286 § 29.7(5), 1982)

16-04-360 Violations—Penalties.

A. Any person who shall violate any of the provisions of the codes adopted or fail to comply therewith, or who violates or fails to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permits issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city council, or by a court of competent jurisdiction, within the time fixed herein shall, respectively, be guilty of a misdemeanor, punishable by a fine of not less than twenty-five dollars ($25.00) nor more than seven hundred fifty ($750.00) or by imprisonment for not less than thirty (30) days nor more than one hundred eighty (180) days or by both such fine and imprisonment. The imposition of one (1) penalty for a violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.

B. That application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. 3460 § 3(C), 2022; Ord. 3459 § 3(C), 2022; Ord. 2286 § 29.8, 1982)

16-04-370 Site plan review.

A. Authority. The zoning administrator will perform a site plan review for uses and developments requiring building permits for construction in the zoning districts and other instances noted in Chapter 16-38 of this code. This will not include cases in which (1) building permit applications are made only for the interior or facade of a structure or (2) the building permit applicant files a site plan review waiver, and said waiver is approved by the city administrator after he or she makes a finding of economic hardship in connection with the preparation of the site review plans. In cases where a building permit application includes site development and interior or facade construction, proposed improvements to the interior or facade will not be part of the site plan review consideration.

B. Purpose. Site plan review addresses uses, developments, and redevelopments appropriate for a zoning district, but considers that there may be potential adverse impacts for how a site is designed or used, and that require a more detailed evaluation than is otherwise incorporated to building permit, life safety, and related considerations. The standards and procedures in this section are designed to provide a thoughtful and efficient evaluation of such development applications.

C. Parties Who May Submit for Site Plan Review. Applications for site plan review may be filed by the owner of, or any person, firm, or corporation having a contractual interest in, the property.

D. Site Plan Review Required. The zoning administrator will conduct site plan review for sites located in the following zoning districts and in the following instances:

1. The following zoning base and overlay districts:

a. Any automobile or truck use in the highway commercial district;

b. Any automobile or truck use in the light industrial manufacturing district;

c. Any stand-alone or accessory video game terminal uses in the highway commercial or light industrial district.

E. Procedures. Applications for site plan review will be filed with the zoning administrator on an application form, approved in form and substance by the zoning administrator, available in the zoning administrator’s office. In addition to the general requirements for all applications set forth in Section 16-04-320 of this code, the following additional information must be submitted with an application for site plan review:

1. Plans/Drawings.

a. A graphic depicting proposed development of the property.

b. A current survey, certified by a registered land surveyor, of the subject property.

2. A description and graphic describing the proposal for which site plan approval is being sought and of the existing zoning classification, use and development of the property.

3. A graphic rendering of the existing conditions, which depicts all significant natural, topographical and physical features of the subject property, including drainage structure and pattern, relevant soil conditions, and topographical contours at one (1) foot intervals.

4. The location, use, size and height in stories and feet of structures and other land uses on adjacent properties.

5. Data and related calculations concerning proposed structures and existing structures that will remain, including:

a. Location, size, use and height;

b. Where relevant, gross floor area and floor area ratio;

c. Where relevant, number and size of dwelling units, by dwelling unit type and number of bedrooms; and

d. Building coverage.

6. Yard and setback dimensions and dimensions related to the height, width and depth of any structure, as well as proximity to property lines.

7. A vehicular and pedestrian circulation plan showing the location, dimensions, gradient and number of all vehicular and pedestrian circulation elements.

8. All existing and proposed drainage, retention and detention facilities, and existing and proposed utilities and easements.

9. Location, size and arrangements of all outdoor signs and lighting.

10. Location and height of fences or screen plantings and the type or kind of building materials or plantings to be used for fencing or screening.

11. Location, designation and total area of all usable open space.

12. A detailed landscaping plan, showing location, size and species of all trees, shrubs and other plant material.

13. A traffic study, if deemed necessary by the zoning administrator.

F. Decision by Zoning Administrator. Within sixty (60) days following receipt of an application for site plan review, the zoning administrator will either:

1. Approve the site plan as submitted;

2. Approve it subject to conditions based on the standards noted below, with a written explanation to the applicant; or

3. Deny approval of the site plan with written findings provided to the applicant pursuant to the standards below.

The failure of the zoning administrator to act within sixty (60) days, or such further time to which the applicant may agree, will be deemed to be a decision approving the site plan as submitted. In reviewing a submitted site plan regarding the standards below, the zoning administrator may suggest alternative site plan or design approaches that could address specified deficiencies or may note that such deficiencies that cannot be avoided would have a minimal adverse impact on the property or nearby properties.

G. Effect of Zoning Administrator Action. Approval of a site plan by the zoning administrator, acceptance of required modifications by the applicant, or agreement by the applicant and zoning administrator on an approach to address required modifications will constitute final action regarding site plan review. All other city building permit and city code requirements must still be met for the proposed construction.

H. Appeals. If the zoning administrator denies a site plan review application and the applicant wishes to appeal that denial, the applicant will file such appeal in accordance with this section.

1. Appeals must be submitted within thirty (30) days upon receipt of the decision from the zoning administrator.

2. Appeals are to follow the process as outlined in Section 16-04-290 of this code.

I. Standards for Site Plan Review. In considering a site plan submitted for review pursuant to this subsection I, the zoning administrator will consider the following standards:

1. The application must be complete as specified in this chapter, other city regulations, or other requirements specified by the city.

2. Any other application for approval by the city or other jurisdiction relevant to items considered under site plan review must be successfully secured.

3. The proposed site plan or design is internally logical and safe and facilitates clear understanding of travel and circulation within the property, as well as to and from the site by vehicles, pedestrians, and bicyclists.

4. The proposed site plan and design do not interfere with easements or rights-of-way or create traffic hazards or congestion on surrounding public streets.

5. The proposed site plan or design does not adversely impact use and enjoyment of surrounding properties.

6. Outdoor storage is adequately screened.

7. The proposed site plan, or design, does not create adverse impacts related to drainage or erosion for the subject site or nearby properties, and complies with all local, county, state and federal requirements.

8. The proposed site plan or design should not place unreasonable burdens on city or other utility systems serving the site or area. The site plan should integrate site utilities into the overall existing and planned utility systems serving the city.

9. The proposed site plan or design must provide for required public improvements as may be directed in this section, the comprehensive plan, city planning documents, or other aspects of this code.

10. The proposed site plan or design shall not adversely impact the public health, safety or general welfare of the city.

J. Time Constraints. Unless an extension is granted by the zoning administrator as a result of written request by the applicant showing good cause and external factors necessitating an extension, no site plan or design approval will be valid for a period longer than six (6) months unless a building permit is issued. Within one (1) year of site plan review approval, construction must have begun and, if not completed, be actively pursued to completion.

K. Modifications.

1. During development of the site, the zoning administrator may approve an adjustment to the approved site plan if such change could have been authorized in the course of the original review.

2. Amendments to Site Plan Following Completion of Development. After a site is developed in accordance with an approved site plan, the site plan may be altered, if in the determination of the zoning administrator and based on the standards for review in subsection I of this section, in the same manner and subject to the same limitations as provided for the original approval of site plans.

L. Waiver. Upon request of the applicant and for good cause shown, the site review plan process may be waived at the sole and absolute discretion of the city administrator. Waivers may be granted to an applicant who demonstrates a substantial economic hardship. Upon the granting of a waiver, the applicant will submit a special use permit application. (Ord. 3445 § 6, 2021)