City of Galesburg Development Ordinance

Development Ordinance

The City Of Galesburg

SUBDIVISION SITE PLAN REVIEW DRAINAGE LANDSCAPING ZONINGSIGNSPARKINGOUTDOOR LIGHTING

STREET Residential District

A

Projecting Sign

B

D C

STREET

10 feet

Business/Manufacturing District STREET

Adopted March, 2010

ACKNOWLEDGMENTS Salvador Garza, Mayor City Council Ken Goad, First Ward Wayne Dennis, Second Ward Russell Fleming, Third Ward Corine Anderson, Fourth Ward Karen E. Lafferty, Fifth Ward Wayne Allen, Sixth Ward Michael Lummis, Seventh Ward Plan Commission Judy Guenseth Arnie Haider Bill Johnson Brad Johnson Gary Mitchell Rev. Leigh Nygard John Spittell, Chair Lori Sundberg Richard Vandemark City Staff Dane Bragg, City Manager John Hanlon, City Attorney Larry Cox, Director of Public Works Wayne Carl, City Engineer Community Development Department Roy Parkin, Director Steve Gugliotta, AICP, Associate Planner Julie Main, Associate Planner Planning Consultants Teska Associates, Inc. Special Recognition Stephen Apsey (former Plan Commission Chair) Roger Myers (former Associate Planner)

GALESBURG DEVELOPMENT ORDINANCE TABLE OF CONTENTS PREFACE ARTICLE 1 - GENERAL PROVISIONS DIVISION 1 SEC. 1-1.1 SEC. 1-1.2 SEC. 1-1.3 SEC. 1-1.4 SEC. 1-1.5

INTRODUCTORY PROVISIONS INTERPRETATION AND LIMITATION SEVERABILITY VIOLATION AND PENALTY EFFECT COMPREHENSIVE PLAN

1-1 1-1 1-1 1-1 1-2

DIVISION 2 SEC. 1-2.1 SEC. 1-2.2 SEC. 1-2.3 SEC. 1-2.4 SEC. 1-2.5 SEC. 1-2.6

ADMINISTRATION AND ENFORCEMENT GENERAL REVIEW AND DECISION MAKING BODIES ZONING MAP AMENDMENTS (REZONING) SPECIAL USES, SPECIAL USE PERMITS VARIANCE NONCONFORMING USES AND STRUCTURES

1-3 1-3 1-7 1-9 1-12 1-16

DIVISION 3 SEC. 1-3.1 SEC. 1-3.2 SEC. 1-3.3 SEC. 1-3.4 SEC. 1-3.5

GENERAL REGULATIONS MAXIMUM HEIGHT LIMITS MINIMUM YARDS OUTDOOR LIGHTING FENCES PERFORMANCE STANDARDS

1-19 1-19 1-23 1-26 1-29

DIVISION 4 SEC. 1-4.1 SEC. 1-4.2 SEC. 1-4.3 SEC. 1-4.4 SEC. 1-4.5 SEC. 1-4.6 SEC. 1-4.7

ZONING DISTRICTS ESTABLISHED ENUMERATED MAP INTERPRETATION OF BOUNDARIES AUTOMATIC EXTENSIONS LAND ANNEXED FROM COUNTY PREANNEXATION AGREEMENTS PERMISSIBLE USES AND SPECIFIC EXCLUSIONS

1-30 1-30 1-30 1-31 1-31 1-31 1-31

DIVISION 5 ZONING DISTRICTS SEC. 1-5.1 AG - AGRICULTURE DISTRICT ER - ESTATE RESIDENTIAL DISTRICT SEC. 1-5.2 Galesburg Development Ordinance Table of Contents

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1-33 1-34 March 2010

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SEC. 1-5.3 SEC. 1-5.4 SEC. 1-5.5 SEC. 1-5.6 SEC. 1-5.7 SEC. 1-5.8 SEC. 1-5.9 SEC. 1-5.10 SEC. 1-5.11 SEC. 1-5.12 SEC. 1-5.13 SEC. 1-5.14 SEC. 1-5.15 SEC. 1-5.16

R1A - SINGLE-FAMILY DISTRICT R1B - SINGLE-FAMILY DISTRICT R1C - SINGLE-FAMILY ATTACHED DISTRICT R2 - TWO-FAMILY DISTRICT R3A - MULTI-FAMILY DISTRICT R3B - MULTI-FAMILY DISTRICT I - INSTITUTIONAL DISTRICT O - OFFICE DISTRICT B1 - NEIGHBORHOOD BUSINESS DISTRICT B2 - GENERAL BUSINESS DISTRICT B3 - CENTRAL BUSINESS DISTRICT M1 - LIGHT INDUSTRIAL DISTRICT M2 - HEAVY INDUSTRIAL DISTRICT CPD – COMPREHENSIVE PLANNED DEVELOPMENT DISTRICT

1-35 1-37 1-38 1-40 1-41 1-46 1-47 1-48 1-51 1-54 1-56 1-59 1-61 1-64

DIVISION 6 WIRELESS COMMUNICATION FACILITY TELECOMMUNICATIONS OVERLAY DISTRICTS SEC. 1-6.1 PURPOSE 1-73 USES NOT COVERED IN THIS ARTICLE 1-74 SEC. 1-6.2 DESIGNATION AND APPLICABILITY 1-74 SEC. 1-6.3 ALLOWABLE USES/DEVELOPMENT CRITERIA 1-75 SEC. 1-6.4 REVIEW PROCESS 1-77 SEC. 1-6.5 APPROVAL PROCESS 1-78 SEC. 1-6.6 SHARED FACILITIES AND COLLOCATION POLICY 1-81 SEC. 1-6.7 REMOVAL OF ABANDONED WIRELESS COMMUNICATION FACILITIES 1-82 SEC. 1-6.8 NONCONFORMING WIRELESS COMMUNICATION FACILITIES 1-82 SEC. 1-6.9 REVOCATION OF TOWER USE PERMITS 1-83 SEC. 1-6.10 PENALTY 1-83 SEC. 1-6.11 DIVISION 7 SEC. 1-7.1 SEC. 1-7.2 SEC. 1-7.3 SEC. 1-7.4 SEC. 1-7.5 SEC. 1-7.6 Sec. 1-7.7 Sec. 1-7.8

SPECIFIC USES, DEVELOPMENTS, ETC. INHABITED MANUFACTURED HOME LOCATION ACCESSORY BUILDINGS AND USES SATELLITE DISH-TYPE ANTENNAE HALFWAY HOUSE SPECIAL USE PERMITS COMMUNITY RESIDENCES ADULT ENTERTAINMENT ESTABLISHMENTS TEMPORARY USES SMALL WIND ENERGY SYSTEMS

1-85 1-85 1-89 1-90 1-93 1-93 1-95 1-97

DIVISION 8 SEC. 1-8.1 SEC. 1-8.2 SEC. 1-8.3

SITE PLAN REVIEW PURPOSE APPLICABILITY PROCEDURES

1-99 1-99 1-99

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SEC. 1-8.4 SEC. 1-8.5 SEC. 1-8.6 SEC. 1-8.7 SEC. 1-8.8 SEC. 1-8.9

APPLICATION FOR SITE PLAN REVIEW SITE DESIGN STANDARDS EXCEPTIONS REVOCATION ENFORCEMENT MODIFICATION OF APPROVED SITE PLAN

1-101 1-102 1-105 1-106 1-106 1-106

ARTICLE 2 GENERAL DEVELOPMENT STANDARDS DIVISION 1 SEC. 2-1.1 SEC. 2-1.2 SEC. 2-1.3 SEC. 2-1.4 SEC. 2-1.5 SEC. 2-1.6

PARKING AND LOADING PURPOSE GENERAL PROVISIONS FOR PARKING AND LOADING FACILITIES PARKING REGULATIONS LOCATION OF ACCESSORY OFF-STREET PARKING FACILITIES OFF-STREET LOADING SCHEDULE OF PARKING AND LOADING REQUIREMENTS

2-1 2-1 2-2 2-6 2-6 2-7

DIVISION 2 SEC. 2-2.1 SEC. 2-2.2 SEC. 2-2.3 SEC. 2-2.4

LANDSCAPE REGULATIONS PURPOSE PLAN REQUIREMENTS LANDSCAPE REQUIREMENTS GUIDE FOR LANDSCAPE PLAN REVIEW

2-13 2-13 2-14 2-23

ARTICLE 3 SIGN REGULATIONS DIVISION 1 SEC. 3-1.1 SEC. 3-1.2 SEC. 3-1.3 SEC. 3-1.4 SEC. 3-1.5 SEC. 3-1.6 SEC. 3-1.7 SEC. 3-1.8 SEC. 3-1.9 SEC. 3-1.10 SEC. 3-1.11

GENERAL STATEMENT OF PURPOSE AND LEGISLATIVE FINDINGS APPLICABILITY PENALTIES EXEMPTIONS COMPUTATION ALTERATIONS MAINTENANCE HOUSEKEEPING INSTALLATION RELOCATION OBSOLETE OR ABANDONED SIGNS

DIVISION 2 ADMINISTRATION AND ENFORCEMENT SEC. 3-2.1 PERMIT APPEALS AND VARIANCES SEC. 3-2.2

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3-6 3-7

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DIVISION 3 SEC. 3-3.1 SEC. 3-3.2 SEC. 3-3.3 SEC. 2-3.4 SEC. 3-3.5 SEC. 3-3.6 SEC. 3-3.7 SEC. 3-3.8 SEC. 3-3.9 SEC. 3-3.10 SEC. 3-3.11 SEC. 3-3.12 SEC. 3-3.13 SEC. 3-3.14 SEC. 3-3.15 SEC. 3-3.16

REGULATIONS FOR SPECIFIC TYPES OF SIGNS AWNING, CANOPY OR MARQUEE SIGNS DIRECTORY SIGNS ILLUMINATED SIGNS GROUND AND MONUMENT SIGNS OFF PREMISE SIGNS ON PREMISE FREESTANDING HIGHWAY IDENTIFICATION POLE SIGNS ON-PREMISE POLE, PYLON SIGNS PERMITTED EXTRA SIGNS PROHIBITED SIGNS PROJECTING SIGNS PUBLIC, CORPORATE AND ANCILLARY FLAGS ROOF SIGNS SPECIAL SIGNS TEMPORARY SIGNS UNIFIED BUSINESS CENTER SIGN PLAN WALL SIGNS

3-9 3-9 3-10 3-10 3-11 3-14 3-14 3-14 3-16 3-17 3-17 3-18 3-18 3-19 3-22 3-23

DIVISION 4 SEC. 3-4.1 SEC. 3-4.2 SEC. 3-4.3 SEC. 3-4.4

RESTRICTIONS BY ZONING DISTRICTS AG AND R DISTRICTS O AND I DISTRICTS B-1, B-2, B-3, AND CPD DISTRICTS M-1AND M-2 DISTRICTS

3-24 3-26 3-27 3-30

ARTICLE 4 SUBDIVISION REGULATIONS DIVISION 1 GENERAL SEC. 4-1.1 PURPOSE EXCEPTIONS SEC. 4-1.2

4-1 4-1

DIVISION 2 SEC. 4-2.1 SEC. 4-2.2 SEC. 4-2.3 SEC. 4-2.4 SEC. 4-2.5 SEC. 4-2.6

PROCEDURES WHEN REQUIRED TYPES OF SUBDIVISION AND OVERVIEW OF APPROVAL PROCESS MINOR PLAT OPTIONAL PRE-APPLICATION CONFERENCE; APPLICATION FILING PRELIMINARY PLAT FINAL PLAT

4-2 4-2 4-4 4-6 4-8 4-12

DIVISION 3 SEC. 4-3.1 SEC. 4-3.2 SEC. 4-3.3 SEC. 4-3.4

DESIGN STANDARDS STREETS EASEMENTS BLOCKS LOTS

4-16 4-17 4-18 4-18

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DIVISION 4 SEC. 4-4.1 SEC. 4-4.2 SEC. 4-4.3 SEC. 4-4.4 SEC. 4-4.5 SEC. 4-4.6 SEC. 4-4.7 SEC. 4-4.8 SEC. 4-4.9 SEC. 4-4.10

REQUIRED IMPROVEMENTS AUTHORITY TO PROCEED WITH FINAL PLAT REQUIREMENTS FOR APPROVAL OF FINAL PLAT INSTALLATION OF PART OF IMPROVEMENTS SURVEY MONUMENTS STREET IMPROVEMENTS SIDEWALKS DRIVEWAY APRON WATER SUPPLY SANITARY SEWERS CITY ENGINEER AND SANITARY DISTRICT APPROVAL

4-19 4-19 4-19 4-19 4-20 4-23 4-24 4-24 4-25 4-25

ARTICLE 5 DRAINAGE, FLOOD DAMAGE PREVENTION, ETC. DIVISION 1 GENERAL SEC. 5-1.1 INTERFERING WITH WATERWAYS NATURAL DRAINAGE CHANNEL SEC. 5-1.2

5-1 5-1

DIVISION 2 SEC. 5-2.1 SEC. 5-2.2 SEC. 5-2.3

5-2 5-3 5-4

FLOOD DAMAGE PREVENTION GENERALLY ADMINISTRATION AND ENFORCEMENT PROVISIONS FOR FLOOD HAZARD REDUCTION

DIVISION 3 STORMWATER MANAGEMENT, STORM SEWERS AND OTHER DRAINAGE FACILITIES SEC. 5-3.1 APPLICABILITY 5-8 STORMWATER MANAGEMENT PLAN 5-10 SEC. 5-3.2 CONSTRUCTION OF DRAINAGE FACILITIES 5-15 SEC. 5-3.3 EASEMENTS AND ACCESS 5-16 SEC. 5-3.4 BONDS AND MAINTENANCE ASSURANCES 5-16 SEC. 5-3.5 RECAPTURE AGREEMENTS 5-18 SEC. 5-3.6 OBSTRUCTION OF DRAINAGE 5-18 SEC. 5-3.7 MINIMUM REQUIREMENTS IN FLOOD PRONE AREAS 5-18 SEC. 5-3.8 EROSION AND SEDIMENTATION CONTROL 5-18 SEC. 5-3.9 STANDARDS FOR STORM SEWERS AND SEC. 5-3.10 5-19 SECONDARY DRAINAGE FACILITIES LOT OWNER’S RESPONSIBILITIES; CITY’S RIGHT TO LIEN 5-21 SEC. 5-3.11 SUMP PUMP DISCHARGE 5-21 SEC. 5-3.12 COMPLIANCE 5-22 SEC. 5-3.13

ARTICLE 6 DEFINITIONS Galesburg Development Ordinance Table of Contents

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FIGURES FIGURE 1.1 – AMENDMENT PROCESS FIGURE 1.2 – SPECIAL USE PROCESS FIGURE 1.3 – VARIANCE PROCESS FIGURE 1.4 – EXAMPLE OF DOUBLE FRONTAGE LOT (SEC. 1-3.2 A1) FIGURE 1.5 – MIN. SIDE YARDS (SEC. 1-3.2 (A4)) FIGURE 1.6 – MIN. REAR YARDS (SEC. 1-3.2 (A8)) FIGURE 1.7 – 30 FEET SITE VISIBILITY TRIANGLE FIGURE 1.8 – LIGHTING FIXTURE DESIGN FIGURE 1.9 – FENCES CANNOT BE LOCATED IN SITE TRIANGLE FIGURE 1.10 – FENCES IN CORNER LOTS (SEC. 1-3.4 F2) FIGURE 1.11 – FENCE WITH 90 DEGREE CUT-OFF (SEC. 1-3.4 F3A) FIGURE 1.12 – FENCE WITH 45 DEGREE CUT-OFF (SEC 1-3.4 F3B) FIGURE 1.13 – MIN. SETBACK STANDARDS FOR MANUFACTURED HOME PARKS FIGURE 1.14 – ZONING REGULATIONS SUMMARY FIGURE 1.15 – FIELD SITES AND RECOMMENDED WIRELESS COMMUNICATION FACILITIES FIGURE 1.16 – OUTDOOR STORAGE (SEC. 1-3.2 (C3b)) FIGURE 1.17 – OUTDOOR STORAGE (SEC. 1-3.2 (C3b))

1-8 1-11 1-15 1-20 1-21 1-21 1-22 1-24 1-26 1-27 1-28 1-28 1-44 1-70 1-84 1-86 1-86

FIGURE 2.1 – PARKING ANGLE AND AISLE WIDTH FIGURE 2.2 – RESIDENTIAL PARKING AND LOADING REQUIREMENTS FIGURE 2.3 – COMMERCIAL PARKING AND LOADING REQUIREMENTS FIGURE 2.4 – OFFICE, MANUFACTURING AND CIVIC PARKING AND LOADING REQUIREMENTS FIGURE 2.5 – EDUCATIONAL AND RECREATIONAL PARKING AND LOADING REQUIREMENTS FIGURE 2.6 – LANDSCAPE AREAS FIGURE 2.7 – INTERIOR PARKWAY REQUIREMENTS FIGURE 2.8 – INTERIOR PARKWAY LANDSCAPING WITH PARKING IN FRONT YARD (E.1.A.) FIGURE 2.9 – INTERIOR PARKWAY LANDSCAPING WITH NO PARKING IN FRONT YARD (E.1.B.) FIGURE 2.10 – TYPE 1 SCREENING – ALTERNATE A FIGURE 2.11 – TYPE 1 SCREENING – ALTERNATE B FIGURE 2.12 – TYPE 1 SCREENING – ALTERNATE C FIGURE 2.13 – TYPE 2 SCREENING FIGURE 2.14 – TYPE 3 SCREENING FIGURE 2.15 – PARKING LOT LANDSCAPING FIGURE 2.16 – ALTERNATIVES A-C FOR PARKING LOT LANDSCAPING FIGURE 2.17 – APPROPRIATE PLANTING HEIGHTS FIGURE 2.18 – RECOMMENDED TREES, SHRUBS AND GROUND COVER

2-5 2-8 2-9

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FIGURE 3.1 – AREA CALCULATION OF INDIVIDUAL SIGNS FIGURE 3.2 – SIGNS LOCATED ON CORNER LOTS FIGURE 3.3 –AWNING AND CANOPY SIGNS FIGURE 3.4 – DIRECTORY SIGN FIGURE 3.5 – ILLUMINATED SIGNS FIGURE 3.6 – MONUMENT SIGN FIGURE 3.7 – OFF-PREMISE SIGN FACES FIGURE 3.8 – FREE-STANDING POLE SIGN FIGURE 3.9 – PORTABLE SIGN FIGURE 3.10 – PROJECTING SIGN FIGURE 3.11 – FLAG POLE HEIGHT REGULATIONS FIGURE 3.12 – ROOF SIGN FIGURE 3.13 – WALL SIGN AND AREA MEASUREMENT FIGURE 3.14 – REAL ESTATE SIGN FIGURE 3.15 – CANOPY SIGN FIGURE 3.16 – MARQUEE SIGN FIGURE 3.17 – UNDER CANOPY SIGN FIGURE 3.18 – AWNING SIGN FIGURE 3.19 – SIGNAGE ON AWNINGS

3-2 3-4 3-9 3-9 3-10 3-11 3-12 3-14 3-16 3-17 3-17 3-18 3-23 3-24 3-27 3-28 3-28 3-29 3-29

FIGURE 4.1 – PROCESS FOR PLAT OF CONSOLIDATION (RESIDENTIAL) FIGURE 4.2 – CONSOLIDATED LOT FIGURE 4.3 – PROCESS FOR SUBMISSION OF MINOR PLAT FIGURE 4.4 – PRELIMINARY PLAT FIGURE 4.5 – PRELIMINARY APPROVAL CERTIFICATE FIGURE 4.6 – FINAL PLAT FIGURE 4.7 – MINIMUM RIGHT OF WAY WIDTHS FIGURE 4.8 – STREET IMPROVEMENTS INSIDE AND WITHIN 1.5 MILES OF CITY LIMITS FIGURE 4.9 – STREET IMPROVEMENTS INSIDE AND WITHIN 1.5 MILES OF CITY (ONLY) DOES NOT APPLY WITHIN CITY LIMITS FIGURE 4.10 – PAVEMENT TYPE

4-2 4-3 4-4 4-8 4-11 4-12 4-17

FIGURE 5.1 – MAXIMUM DISTANCE BETWEEN STORM SEWER MANHOLES FIGURE 5.2 – REQUIRED MANHOLE DIAMETER

5-19 5-20

FIGURE 6.1 – PORTABLE SIGN

6-21

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ARTICLE 1 GENERAL PROVISIONS DIVISION 1 - INTRODUCTORY PROVISIONS SEC. 1–1.1

INTERPRETATION AND LIMITATION

The provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Ordinance to interfere with or revoke any easements, covenants or other agreements between parties. If this Ordinance imposes a greater restriction, this Ordinance shall control.

SEC. 1–1.2

SEVERABILITY

If any part or parts of this Ordinance shall be held to be unconstitutional, unenforceable, or void, the same shall not affect the validity of the remaining parts of this Ordinance. The Council hereby declares that it would have passed the remaining parts of this Ordinance if it had known that such part or parts thereof would be declared as such.

SEC. 1–1.3

VIOLATION AND PENALTY

A.

Any person, organization, or corporation who takes part or assists in any violation of any provision of this Ordinance shall be subject to a fine as provided in the Fee and Fine Schedule of the Galesburg Municipal Code.

B.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Ordinance, the appropriate authorities of the City, in addition to other remedies, may institute appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of such building, structure or land.

SEC. 1–1.4

EFFECT

A.

Use of premises and all buildings in the City of Galesburg shall be in accordance with the minimum standards established by this Ordinance.

B.

Every building shall be on a lot. Except as provided in Section 1-3.2 (A) (5) of this Ordinance, there cannot be more than one (1) principal building on one (1) lot.

Yards, parking spaces unless in accordance with Section 2-1.3 B, or lot area required for one (1) building cannot be used for another building; nor can the size of a lot be reduced below the

C.

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requirements of this Ordinance, except where a variance has been authorized as outlined in Section 1-2.5.

D.

Prior to the issuance of a building permit allowing construction on separate but adjacent parcels, the owner or owners of separate but adjacent parcels shall file for record in the Office of the County Recorder of Deeds, duly executed and acknowledged, which deed contains the legal description of all parcels to be included in the zoning lot, and contains a statement by the owner or owners that the property therein described shall not be conveyed separately without the written consent of the Director of Community Development. This consent shall be given by the Director if, after inspection, it appears that no violations of the DO or other ordinances of the City would be created by the separate conveyance of one of, or part of, the lots of record contained in the zoning lot. A copy of the deed containing the legal description shall be filed with the Community Development Department.

SEC. 1–1.5

COMPREHENSIVE PLAN

A.

Comprehensive Plan adopted by reference The Galesburg/Knox County 1999 Comprehensive Plan, including all maps and other descriptive materials attached thereto, is hereby incorporated by reference, adopted as a part of this DO, and shall be hereinafter referred to as the Comprehensive Plan.

B.

Comprehensive Plan available for public inspection A copy of the Comprehensive Plan for the City of Galesburg, Illinois, together with a copy of this section shall be placed on file in the office of the City Clerk and shall be available at all times during business hours for public inspection. Copies of said plan and all ordinances implementing the same shall be made available to all interested parties upon payment of such sum as the corporate authorities shall, from time to time, determine to be adequate to reimburse the general fund of the City for the cost of printing and distribution of the same.

State law reference(s)--Comprehensive plan, 65 ILCS 5/11-12-6 et seq.

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DIVISION 2 - ADMINISTRATION AND ENFORCEMENT SEC. 1-2.1

GENERAL

A.

Director of Community Development, City Engineer; appeals The appeals of orders, requirements, decisions, or determinations made by the Director of Community Development, City Engineer or their designee may be taken to the Planning and Zoning Commission.

B.

Permit required; application; record No construction of any building may be undertaken in the City without a building permit. Each application for a building permit shall be accompanied by a sketch in duplicate, drawn to scale, showing the name of the person making the application, the actual dimensions of the lot to be built upon as shown by a subdivision plat, the size, shape and location of the buildings to be erected, and such other information as may be necessary to provide for the enforcement of this Ordinance. A record of applications and sketches shall be kept in the office of the Building Inspector.

C.

Effective date; record of certificates of occupancy No change in the use or occupancy of land, nor any change of use or occupancy in an existing building other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the Building Inspector. No permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made and approved for a building permit, and no building or premises shall be occupied until such certificate and permit are issued. A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by such certificate of occupancy.

SEC. 1-2.2

REVIEW AND DECISION MAKING BODIES

The administration of this DO is hereby vested in the following elected and appointed Boards and professional staff: A.

City Council The City Council shall have the following duties and responsibilities with regard to the DO: 1.

Receive recommendations from the Planning and Zoning Commission concerning all text and map amendments, minor plats, preliminary plats, and final plats. The City Council shall approve, approve with modifications, or disapprove any such recommendation. The City Council shall also hear appeals regarding tower use permits.

2.

All decisions and findings by the City Council shall in all instances be the final administrative decision and shall be subject to judicial review as may be provided by law.

In the case where decisions made by the City Council are done so by ordinance, the authorizing ordinance shall provide the final administrative decision and shall be subject to

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judicial review as may be provided by law.

3.

B.

C.

The City Council should convene an annual meeting with the Planning and Zoning Commission to review the effectiveness of this DO and the Comprehensive Plan.

Director of Community Development The position of the Director of Community Development has been established by the City. This is a department head position, reporting to the City Manager. The duties and authority of the Director of Community Development or his or her designee(s) include: 1.

Provide and maintain public information relative to the DO;

2.

Forward to the Planning and Zoning Commission all applications for special uses, amendments, variances, tower use permits, site plan reviews and appeals to this DO;

3.

Interpret and answer questions regarding the provisions of this DO. certificates, as well as make and maintain records thereof;

4.

Issue all certificates of occupancy, as well as make and maintain records thereof;

5.

Conduct inspections of buildings, structures and use of land to determine compliance with the terms of this DO;

6.

Issue notices of violations and citations for violations of the regulations of this DO. Notices shall require compliance within fifteen (15) days and advise violators of their right to appeal;

7.

Issue “stop work� orders for any construction or work that is not in compliance with this DO;

8.

Maintain permanent and current records of this DO including, but not limited to, all maps, amendments, special uses, variances, appeals and applications thereof;

9.

Designate representatives to assist the Director of Community Development in carrying out his/her duties hereunder;

10.

Disseminate/document information to and from the Development Review Committee; and

11.

Review and approve conditional uses in zoning districts.

Issue all zoning

Planning and Zoning Commission To provide for citizen input and obtain testimony regarding development within the City of Galesburg, the Planning and Zoning Commission is hereby created. The Planning and Zoning Commission shall consist of nine (9) members appointed by the Mayor with the approval of the City Council. Members shall reside within the corporate limits or within one and one-half (1½) miles of the corporate limits. Members are to have staggered terms. At the initial formation of the Planning and Zoning Commission, 3 members shall serve a 1-year term, 3 will serve a 2-year term, and 3 will serve a 3-year term. After the initial term, all members appointed shall serve for a term of three (3) years. All vacancies occurring in the commission shall be filled by appointment for the remainder of

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the unexpired term in the same manner as the original appointments. All members serve without compensation.

The Director of Community Development or his or her designee and a member of the legal department shall attend all regular Planning and Zoning Commission meetings to furnish assistance and advice to the commission. A representative from the Department of Public Works shall attend commission meetings which involve a plat of subdivision. In addition, the Mayor, or a member of the City Council appointed annually by the Mayor with the approval of the City Council, shall also attend all regular meetings for the purpose of acting as a liaison between the commission and the City Council. Members of the Planning and Zoning Commission shall elect from its members a chairman and a vice-chairman. The Director of Community Development or his or her designee shall serve as the executive secretary of the commission.

The duties of the Planning and Zoning Commission are as follows: 1.

To prepare and recommend to the City Council a comprehensive plan for future development of the City. This plan should generally address elements outlined in the Local Planning Technical Assistance Act (20 ILCS 662/25) for land within the corporate limits or in contiguous territory not more than 1½ miles beyond the corporate limits and not included in any municipality.

2.

To prepare and recommend to the City Council from time to time plans for specific improvements in the pursuance of the Comprehensive Plan.

3.

To exercise such other powers, germane to the powers granted by this DO, as may be conferred by the City Council.

4.

To hear appeals from any order, requirement, decision, or determination of the Director of Community Development or City Engineer, relating to the DO, by any person, firm or corporation aggrieved thereby, or by any officer, department, board or commission of the City. The aggrieved shall submit an appeal within fifteen (15) days of the action complained of by filing a notice of appeal, in duplicate, specifying the grounds thereof, in the office of the Director of Community Development. An application fee is required for an appeal as provided in the Fee and Fine Schedule. The Director of Community Development shall transmit to the Planning and Zoning Commission all the papers constituting the record upon which the action appealed from was taken.

An appeal stays all proceedings in furtherance of the action appealed from unless the Director of Community Development certifies that, by reason of facts stated in the certification, a stay would cause imminent peril to life or property. In such case, the proceedings shall not be stayed except by a restraining order issued by a court of record after notice to the Director of Community Development and on due cause shown.

The Commission shall select a reasonable time and place for the hearing of the appeal, give fifteen (15) days notice thereof to all interested parties and shall render a written decision on the appeal without unreasonable delay. Any person may appear at the hearing and present testimony in person or by a duly authorized agent or attorney. The Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or

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determination of the Director of Community Development.

D.

5.

To make decisions, after holding a public hearing, on applications for variances from the strict enforcement of any provisions of this DO, in accordance with the rules and standards set forth therein.

6.

To make decisions, after holding a public hearing, on applications for special uses listed in each of the several zoning districts.

7.

To make decisions, regarding changes from one nonconforming use to another nonconforming use.

8.

To make decisions, after holding a public hearing, on application for Comprehensive Planned Developments and to hear and decide other matters referred to it or as required under the provisions of this DO.

9.

To recommend to the City Council, after holding a public hearing, on petitions for amendment of the provisions of this DO and the boundary lines of zoning districts established therein.

10.

To transmit to the City Council, with every recommendation, findings of fact and to refer to any exhibits containing plans and specifications relating to its recommendation, which plans and specifications shall remain a part of the permanent records of the Commission. The findings of facts shall specify the reason or reasons for its recommendation.

11.

To file immediately in the office of the City Clerk every rule, order, requirement, decision or determination of the Commission after any meeting or hearing.

12.

Nothing contained herein shall be construed to authorize the Commission to change any of the provisions of this Municipal Code or district boundary lines established hereby. A majority vote of the members present shall be necessary to reverse any order, requirement, decision or determination of the Director of Community Development and/or City Engineer or to decide in favor of the applicant any matter upon which the Commission is authorized to act.

13.

The commission shall keep written records (minutes) of its proceedings that shall be open to public inspection at all times.

14.

Additional duties of the Commission are also outlined in this DO.

Development Review Committee To provide for the fair and expeditious review of zoning, subdivision, variance, special use, site plan applications, and for reviewing and approving joint parking facilities, a Development Review Committee is established. The Development Review Committee shall be made up of City Staff; including: 1.

2.

Director of Community Development Public Works Director

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3.

4.

5.

6.

7.

8.

Fire Chief Police Chief City Engineer Associate Planners Building Inspector Galesburg Downtown Council representative (only for projects within the B-3 Zoning District)

The Director of Community Development shall submit copies of all pending applications to members of the Development Review Committee. The purpose of this committee is to review applications for completeness and compliance with City codes and regulations. The Director of Community Development will be responsible for documenting suggestions made at Committee meetings and forwarding comments to the Planning and Zoning Commission and the applicant.

SEC. 1-2.3 A.

B.

ZONING MAP AMENDMENTS (REZONING)

Application Filing 1.

Who May File. Zoning Map Amendments may be initiated by the City Council, by application of all the fee owners of the subject property or by the owners’ authorized agent.

When the City Council initiates action under this Ordinance it does so without prejudice towards the outcome.

2.

Fees. Before any action shall be taken as provided in this section, the party or parties proposing or recommending a change in the district regulations or district boundaries shall pay fees established by Ordinance (see Fee and Fine Schedule). Under no condition shall such sum or any part thereof be refunded for failure of such change or request to be adopted or allowed by the Council. At their discretion, the City Council may waive fees for internal projects.

3.

Application. Applications for amendments to the official zoning map shall be submitted to the Director of Community Development. Rezoning applications may be processed concurrently with applications for Site Plan Review and Subdivision Preapplication Conferences.

Development Review Committee Review and Recommendation The Development Review Committee shall review each proposed zoning map amendment in light of the Map Amendment Approval Criteria set forth in Sub-Section F of this Article.

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C.

Public Hearing Notice The Director of Community Development shall publish legal notice in the newspaper not less than fifteen (15) days and shall post a sign on any premises which are the subject of a rezoning, not less than ten (10) days before the public hearing required by law, giving notice of the proposed zoning and the time and place of hearing thereon.

Figure 1.1 Amendment Process

D.

Planning and Zoning Commission Review and Recommendation The Planning and Zoning Commission shall hold one (1) public hearing upon such amendments and recommend approval, approval with modifications or denial of the proposed amendment based on the Map Amendment Approval Criteria set forth in SubSection F of this section. If appropriate, the public hearing may be continued to a specific date. With each decision, the Planning and Zoning Commission shall prepare a Findings of Fact based on evidence presented at the public hearing. Such Findings shall be forwarded to the City Council and the applicant within ten (10) days of the Planning and Zoning Commission recommendation.

E.

City Council Review and Action After receiving the recommendation of the Planning and Zoning Commission, the City Council shall review the application and act to approve, approve with modifications, or deny the proposed amendment based on the Map Amendment Criteria set forth in Sub-Section F of this section.

F.

Map Amendment Approval Criteria Zoning Map amendments may be approved if the City Council reviews all of the following criteria: 1.

The proposed amendment is consistent with the intent of the Comprehensive Plan;

2.

The proposed amendment corrects an error or inconsistency or addresses some changing condition in the area; If such change is inconsistent with the Comprehensive Plan and the rezoning is approved, the Comprehensive Plan should be amended to reflect this change in use;

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3.

The proposed amendment will allow development that is compatible with existing uses and zoning of nearby property;

4.

The City and other service providers will be able to provide adequate public facilities and services to the subject property, while maintaining adequate levels of service to existing development;

5.

The proposed amendment will not result in significant adverse impacts on other property in the vicinity of the subject tract or on the environment, including air, water, noise, stormwater management, wildlife and natural resources; and

6.

The subject property is suitable for the proposed zoning classification.

SEC. 1-2.4 A.

B.

SPECIAL USES/SPECIAL USE PERMITS

Purpose The development and execution of this Ordinance is based upon the division of the City into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon the neighboring lands and upon public need for the particular use or the particular location.

Authorization The Planning and Zoning Commission is authorized to grant special use permits and to hear and decide upon applications for special use permits listed in the district regulations of this Ordinance. Before authorizing the issuance of such a special use permit, the commission may impose such conditions that will, in the commission's judgment, ensure: 1.

The proposed amendment is consistent with the intent of the Comprehensive Plan;

2.

The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

3.

The special use will not be injurious to the use and enjoyments of adjacent properties for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

4.

The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

5.

Adequate utilities, access roads, drainage and other necessary facilities will be provided.

6.

Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets.

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C.

Transference A special use permit shall not be transferred to another location; nor shall a special use permit be conveyed to another use at the same location. A new special use permit shall be required for either of these two (2) changes.

D.

Time Limitations The following time limitations shall apply to special use permits:

E.

1.

In cases where the use authorized by a special use permit requires a building permit, the applicant shall have three (3) months from the date the special use permit is granted to apply for a building permit. If application has not been made within that time, the special use permit shall expire, and become null and void.

2.

In cases where a building permit is not required, any construction or activity authorized or required pursuant to the special use permit must commence within three (3) months from the date the special use is granted. In the event said construction or activity is not commenced within said three-month period, said special use permit shall expire, and become null and void.

3.

Such other time restrictions as detailed in the conditions placed on the special use.

Application for Special Use 1.

Who May File. Special Use applications may be initiated by all the fee owners of the subject property, by the owners’ authorized agent, or by any person, business, or organization requesting or intending to request an occupancy certificate.

2.

Fees. Before any action shall be taken as provided in this section, the party or parties proposing the special use shall pay fees established by Ordinance (see Fee and Fine Schedule). Under no condition shall such sum or any part thereof be refunded for failure of such request to be allowed by the Council.

3.

Application. Applications for a special use shall be accompanied by fifteen (15) sets of the proposed site plan (see Sec. 1-8.5 C for plan requirements). In addition, and such other information as shall be established from time to time by the Planning and Zoning Commission shall be submitted to the Director of Community Development.

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Figure 1.2 Special Use Process No application for a special use shall be acted upon by the Planning and Zoning Commission until after: a.

Copies of the application and all supporting materials are distributed to and reviewed by the Development Review Committee.

The Development Review Committee shall submit written comments to the Planning and Zoning Commission and the applicant prior to the Public Hearing.

b.

A public hearing has been held by the Planning and Zoning Commission, which is required, by Illinois State statute.

Notice of the public hearing shall be published in the local newspaper not less than fifteen (15) days prior to the public hearing. i. Not less than ten (10) days prior to the date of the public hearing, the Building Inspector shall post a readable sign(s) on the premises. Sign(s) must be removed no later than ten days after a recommendation is made by the Planning and Zoning Commission. The sign(s) shall be visible from the roadway. ii. With each decision, the Planning and Zoning Commission shall prepare a Findings of Fact based on evidence presented to it.

F.

Decisions by Planning and Zoning Commission All decisions of the Planning and Zoning Commission on special use permit applications arrived at after the hearing shall require a majority vote of all members present, and such decisions shall be final.

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SEC. 1-2.5

VARIANCE

A.

Purpose The "variance" process is intended to provide limited relief from the requirements of this Ordinance in those cases where strict application of those requirements will create a practical difficulty or particular hardship prohibiting the use of land in a manner otherwise allowed under this Ordinance. It is not intended that variances be granted merely to remove inconveniences or financial burdens that the requirements of this Ordinance may impose on property owners in general. Rather, it is intended to provide relief where the requirements of this Ordinance render the land difficult to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested. In no event, however, shall the City grant a variance which would allow the establishment of a use which is not otherwise allowed in a zoning district or which would change the zoning district classification of any or all of the affected property.

B.

Authorized Variances 1.

Variances from the regulations of this Ordinance may be decided by the Planning and Zoning Commission only in accordance with the standards set forth in this subsection: a. To permit a setback less than the setback required by the applicable regulations, such reduction shall not exceed 30%. b. To permit the use of a lot of record on the effective date hereof for a use otherwise prohibited solely because of the insufficient area of the lot. c. To reduce by not more than 30% the required lot width. d. To permit the same off-street parking spaces to qualify as required spaces for two (2) or more uses; provided that the maximum use of such facility by each user does not take placed during the same hours. e. To increase by not more than twenty five percent (25%) the maximum distance that required parking spaces are permitted to be located from the use served. f.

To reduce the off-street parking requirements established in Article 2 by a maximum of fifty percent (50%) of the requirement, provided it can be shown why the established requirement is not applicable or appropriate.

g. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Director of Community Development, City Engineer or his or her designee, in the enforcement of this Ordinance. h. To vary fence regulations where such variance will benefit the applicant and will not be detrimental to the public health or safety or to the use, enjoyment or value of the City of Galesburg Development Ordinance Article 1 - General Provisions

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property in the near vicinity.

C.

i.

To vary the outdoor lighting regulations as detailed in Section 1-3.3.

j.

To vary other provisions of this Ordinance.

Standards for Granting Variances 1.

The Planning and Zoning Commission shall not vary the provisions of this Ordinance as authorized in this Section unless it shall have made affirmative findings based upon the evidence presented to it in each of the following specific cases: a. That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. Applicants must submit evidence identifying the price paid for the property. Paying more for the property than it is worth, purchasing it at a price which anticipates and obtains variances, or showing that the property would be worth more if a variance is granted is not evidence of lack of a reasonable return. b. That the situation of the owner is due to unique physical circumstances of the property. c. That the variance, if granted, will not alter the essential character of the neighborhood.

2.

For the purpose of supplementing the above standards, the Planning and Zoning Commission, in making this determination whenever there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence: a. That the particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. b. That the conditions upon which the petition for variance is based would not be applicable generally to other property within the same zoning classification. c. That the purpose of the variance is not based exclusively upon a desire to make more money out of the property. d. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. e. That the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

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f.

3.

D.

That the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.

The Planning and Zoning Commission may require such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards set forth in this subsection to reduce or minimize the injurious effect of such variance upon other property in the neighborhood, and to implement the general purpose and intent of this Ordinance.

Time Limitations The following time limitations shall apply to variances issued by the commission: 1.

In cases where the use authorized by a variance requires a building permit, the applicant shall have three (3) months from the date the variance is granted to apply for a building permit. If application has not been made within that time, the variance shall expire, and become null and void.

2.

In cases where a building permit is not required, any construction or activity authorized or required pursuant to the variance must commence within three (3) months from the date the permit is granted. In the event said construction or activity is either not commenced within said three-month period, said variance shall expire, and become null and void.

3.

Such other time restrictions as detailed in the conditions placed on the variance.

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E.

Application for Variance, Notice of Hearing 1.Who May File. Variance applications may be made by any property owner or their agent.

2. Fees. Before any action shall be taken as provided in this section, the party or parties proposing the variance shall pay fees established

by Ordinance (see Fee and Fine Schedule). Under no condition shall such sum or any part thereof be refunded for failure of such request to be allowed by the Council. At their discretion, the City Council may waive fees for internal projects.

3. Application. Applications for a variance shall be accompanied by fifteen (15) sets of the proposed site plan (see Sec. 1-8.5 C for plan requirements). In addition, and such other information as shall be established from time to time by the Planning and Zoning Commission shall be submitted to the Director of Community Development.

Figure 1.3 Variance Process

No application for a variance shall be acted upon by the Planning and Zoning Commission until after: a.

Copies of the application and all supporting materials are distributed to and reviewed by the Development Review Committee. The Development Review Committee shall submit written comments to the Planning and Zoning Commission and the applicant prior to the Public Hearing.

b.

A public hearing has been held by the Planning and Zoning Commission, which is required, by Illinois State statute. Notice of the public hearing shall be published in the local newspaper not less than fifteen (15) days prior to the public hearing. i.

Not less than ten (10) days prior to the date of the public hearing, the Building Inspector shall post a readable sign(s) on the premise. Sign(s) must be removed no later than ten days after a recommendation is made by the Planning and

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ii.

F.

Decisions by Planning and Zoning Commission All decisions of the Planning and Zoning Commission on variances arrived at the hearing, shall require a majority vote of all members and such decisions shall be final.

SEC. 1–2.6 A.

Zoning Commission. The sign(s) must be visible from the roadway.

With each decision, the Planning and Zoning Commission shall prepare a Findings of Fact based on evidence presented to it.

NONCONFORMING USES AND STRUCTURES

Purpose And Scope 1.

This Ordinance establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. The purpose of this Section is to provide for the regulation of non-conforming buildings, structures and uses, and to specify those circumstances and conditions under which those non-conforming buildings, structures and uses shall be permitted to continue.

2.

The provisions of this Section are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of this Ordinance and enhance the character of the City. Any nonconforming use, structure, or lot which lawfully existed as of July 6, 2010 and any use, structure, or lot which has become nonconforming as a result of the adoption of this Ordinance or any subsequent reclassification of zoning districts or other amendment to this Ordinance, may be continued or maintained only in accordance with the terms of this Section.

3.

This Section is intended to regulate and limit the development and continued existence of uses, structures, and lots established prior to the effective date of this Ordinance which do not conform to the requirements herein.

4.

For the purpose of this Section, a building or structure lawfully constructed or established on the effective date hereof, shall be deemed to include any building or structure for which a building permit has been lawfully issued prior to such date, and on which construction is begun within the required period of time as set forth in this Ordinance.

B.

Continuance of Nonconforming Building, Structure or Use Any non-conforming building, structure or use which existed lawfully at the time of adoption of this Ordinance and which remains non-conforming upon the adoption of this Ordinance, or of any subsequent amendments thereto, is subject to the regulations which follow.

C.

Expansion of Nonconforming Use The nonconforming use of a part of a building or structure may be expanded within the building or structure in which the use is presently located, but no changes or structural alterations shall be made unless such changes or structural alterations conforms to all the regulations of the district in which the building or structure is located.

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D.

Change of Nonconforming Use A nonconforming use shall not be changed to another nonconforming use, except where an application for such a change has been submitted to and approved by the Planning and Zoning Commission. Such application shall follow the application filing procedures for a zoning map amendment as outlined in Sec. 1-2.3 except that City Council review and approval is not required. Decisions of the Planning and Zoning Commission shall be final and not subject to appeal regarding changes in nonconforming use.

E.

Intermittent Use The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use. The existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

F.

Discontinuance or Abandonment of Nonconforming Structure or Use

G.

1.

Whenever any part of a structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this Ordinance, such premises shall not thereafter be used or occupied by any nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use.

2.

Whenever a nonconforming use of a structure, or part thereof, has been discontinued for a period of one hundred eighty (180) consecutive days, or whenever it is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not after being discontinued be reestablished, and the use of the premises thereafter shall conform with the use regulations of the zoning district in which it is located.

Repairs and Alterations of Nonconforming Structures 1.

Repairs may be made to a nonconforming structure, provided that no structural alterations shall be made in or to a structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located. However, structural alterations may be made if they are required by law or are necessary to make the structure and use thereof conform to the regulations of the district in which it is located.

2.

No structural alterations shall be made in a building or other structure containing a nonconforming use, except in the following situations: a.

When the alteration will result in eliminating the nonconforming use.

b.

A structure containing a residential nonconforming use may be altered or enlarged, provided that the enlargement or alteration itself conforms to the requirements of the zoning district, and provided no structural alteration shall be made which would increase the number of dwelling units The enlargement cannot exceed 25% of the existing building.

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H.

I.

J.

Additions or Expansions of Nonconforming Structures 1.

A building and/or structure which is nonconforming as to lot size requirements or building bulk regulations shall not be added to, expanded, or enlarged unless such addition, expansion, or enlargement conforms to all the regulations of the district in which it is located.

2.

A structure which is nonconforming with respect to yards, lot coverage, or any other element of bulk regulated herein shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations of the district in which it is located.

3.

A nonconforming building or structure which is nonconforming only as to bulk shall not be added to or enlarged in any manner unless such additions and enlargements thereto are made to conform to all regulations of the district in which it is located.

Restoration of a Damaged Nonconforming Structure 1.

A non-conforming structure which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration shall exceed 50% of the value based on the Knox County Assessor's Records for the entire structure shall not be restored unless such structure and use conforms to the provisions of the zoning district in which it is located.

2.

If the cost of restoration of such damaged structure does not exceed 50% of the value based on the Knox County Assessor's Records for the entire structure no repairs or reconstruction shall be made unless such restoration is commenced within six (6) months from the date of the fire or other casualty or act of God, and is diligently pursued until completion. The structure may be restored to its original condition and the occupancy or use of such structure may be continued which existed at the time of such partial destruction. Failure to initiate or conclude restoration within these limits shall constitute abandonment as previously described in Sec. 1-2.6 (F).

Relocation of Nonconforming Structure No building or structure shall be moved in whole, or in part, to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located.

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DIVISION 3 - GENERAL REGULATIONS

SEC. 1-3.1 A.

B.

Height limits set forth in Article 1, Division 5 of this DO may be exceeded in the following instances: 1.

The height of a public building, religious institution, office building, hospital, institution or school may be increased two (2) feet in height for every one (1) foot of additional setback over the maximum established in this DO up to a limit of ninety (90) feet.

2.

Chimneys, church steeples, cooling towers, solar energy devices, elevator bulkheads, monuments, stacks, tanks, water towers, ornamental towers, spires, silos, grain elevators, other farm buildings, or necessary mechanical appurtenances are exempt from height regulations.

3.

Buildings in the R3A, R3B, B1, B2, B3, M1 and M2 districts may be increased in height one (1) foot for each foot the building is setback from all required yard lines up to a maximum height of one hundred (100) feet.

4.

Television or radio towers for residential use may extend to a height of sixty (60) feet.

5.

Maximum height for wireless communication tower shall be governed by Article 1 Division 6 of this DO.

Those parts of existing buildings that violate height regulations may be repaired and remodeled but may not be reconstructed or structurally altered, unless they comply with all height requirements.

SEC. 1–3.2 A.

MAXIMUM HEIGHT LIMITS

MINIMUM YARDS

Minimum yard requirements for each zoning district are defined in Article 1 Division 5 of this DO. The following additional minimum yard requirements must also be observed:

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1.

On lots fronting on two (2) nonintersecting streets, a front yard must be provided on both streets.

2.

On corner lots, there must be a front yard on both streets.

3.

Except for corner lots in the B1, I, M or O districts, where a frontage is divided among districts with different front yard requirements, the deepest front yard required shall apply to the entire frontage.

Figure 1.4 Example of Double Frontage Lot (Sec. 1-3.2 A1)

4.

On corner lots in the B, I, M, or O districts which adjoin an R district on the rear, a tenfoot yard must be provided along the side street (see Figure 1.5).

5.

In the R3A, R3B, B, I, M, and CPD zoning districts, there may be more than one (1) commercial or industrial, institutional or multi-family building on a lot provided that the required yards be maintained around the group of buildings.

6.

Those parts of existing buildings that violate yard regulations may be repaired and remodeled, but not reconstructed or structurally altered unless they comply with all yard requirements.

7.

If side/rear yards are provided where not required (i.e. in B and M districts), they must be at least five (5) feet wide except where an alley is adjacent.

8.

Where a lot is in a B, I, M or O class district and is next to an R class district, the side or rear yard required in that R class district must be provided along the boundary line (see Figure 1.6).

9.

See Section 2-1.3 for parking yard requirements.

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Fig. 1.5 Min. Side Yards (Sec. 1-3.2 (A4)) B.

Fig 1.6 Min. Rear Yards (Sec. 1-3.2 (A8)).

The following exceptions may be made to the yard requirements: 1.

On lots of less than seventy (70) feet in width the property owner may reduce a side yard to ten (10) percent of the width of the lot but to not less than three (3) feet.

2.

On lots of record on or prior to June 5, 1967, a property owner may reduce his or her rear yard to twenty (20) percent of the lot depth.

3.

On streets where a front yard setback has heretofore been established by existing buildings situated on lots or tracts comprising not less than fifty percent (50%) of the total block frontage on one side of that portion of any street lying between two (2) intersecting streets, buildings shall either: a. Maintain a front yard (building setback) as required in the zoning district in which the property is located; or b. Maintain a lesser front yard, as determined by the average front yard (building setback) provided by existing buildings within 200 feet on each side.

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Fig 1.7 30 feet site visibility triangle

C.

4.

Except in any B-3 Zoning District, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede visibility between a height of two and onehalf (21/2) feet and eight (8) feet above the edge of the pavement of intersecting streets, within thirty (30) feet of the intersection of the right-of-way of the intersecting streets.

(See Figure 1.7 at right)

5.

Any accessory building or structure closer than ten (10) feet to a principal building shall be considered as part of the principal building and the side, rear and front yard setbacks for the principal building shall be required.

The following accessory buildings, structures, and uses are permitted, with respect to the location of the principal structure, as follows: 1.

In all yards a. Sills, belt courses, cornices and ornamental features may project only two (2) feet into a required yard. b. Steps, four (4) feet or less above grade, which are necessary for access to a permitted building or for access to a lot from a street or alley. c. Arbors not exceeding eight (8) feet in height, flag poles as restricted in Section 33.11, fountains, sculptures, plant boxes, yard lights, and other similar ornamental objects. d. Driveways and parking spaces as restricted in Section 2-1.3 of Article 2. e. Basketball backboards and/or hoops.

2.

In front yards a. Open, unenclosed porches (no glass, screen, or walls), decks, or ramps may extend ten (10) feet into a required front yard. b. Mail boxes.

3.

In rear yards a. Open fire escapes, fireproof outside stairways, balconies and the ordinary projections of chimneys and flues into a rear yard for a distance of not more than three and onehalf (31/2) feet when so placed as to not obstruct light and ventilation, may be permitted.

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b. Accessory buildings and operable motor vehicles – see Section 1-7.2 B7. c. An accessory building or structure more than ten (10) feet from a main building may be erected within three (3) feet of a side or rear lot line, provided it is located back of the main building, and when on a corner lot both front yard requirements must be observed. d. Where a garage is entered from an alley, it must be kept ten (10) feet from the alley line. e. Air conditioning units not less than four (4) feet from the rear property line.

4.

In side yards a. Open air patios, which do not extend above the level of ground (first) floor may project into a required yard, provided these projections are distant at least two (2) feet from the adjacent side lot line. b. Air conditioning units not less than four (4) feet from the side property line.

SEC. 1-3.3

OUTDOOR LIGHTING

A.

Statement of purpose The City of Galesburg does herein find that regulation of outdoor lighting in the City is necessary to prevent misdirected or excessive artificial light, caused by inappropriate or misangled light fixtures that produce glare, light penetration, and/or unnecessary sky glow; and to improve or maintain nighttime public safety, utility, and security.

B.

General requirements All outdoor light (greater than 3,000 initial lumens) fixtures installed and thereafter maintained on commercial, industrial or multi-family developments adjacent to or across the right-of-way from residentially used or zoned property, other than street lighting and those serving one- or twofamily dwellings, shall comply with the requirements as specified below:

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1.

Lighting shall be designed to minimize impact on adjacent residential property.

2.

All fixtures with output greater than 14,000 (for example, anything larger than a 175 watt high discharge lamp) initial lumens shall be fully shielded with no lenses or globes protruding below the shell of the fixture.

Fixtures shall generally be parallel with the ground and shall be installed with non-adjustable mounting hardware, but may have up to a 10 degree angle if facing away from a public right-of-way or a residential property.

Fig 1.8 Lighting Fixture Design

3.

Externally illuminated building identification or other signs shall only use shielded light fixtures mounted on top of the sign structure.

4.

The use of searchlights is prohibited, other than a period of seven (7) days from the opening of a new establishment.

5.

Exemption: Airport lighting and sports lighting by the City of Galesburg, schools or other public agencies shall be exempt from these general requirements.

6.

All outdoor lighting fixtures, including display lighting, but excluding signs, shall be turned off after close-of-business, unless needed for safety or security, in which case the lighting shall be reduced to a minimum level necessary. Lighting of signs is addressed in Article 3.

C.

Light penetration All outdoor lighting fixtures installed and thereafter maintained on commercial, industrial, or multi-family developments adjacent to or across the right-of-way from residentially used or zoned property, other than street lighting and those serving one- or two-family dwellings, shall be designed, installed, and maintained to prevent light penetration. At the property line, penetration from light fixtures shall not exceed one (1.0) footcandle measured on the ground.

D.

Variance Applicants may apply for a variance from these outdoor lighting regulations as detailed in Section 1-2.5.

E.

Plan submission requirements The following information shall be submitted with a request for a building permit or an electrical

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permit for new construction or remodeling or when an outdoor light fixture is replaced with a different fixture:

F.

G.

1.

Description and location of outdoor light fixtures including component specifications such as lamps, reflectors, optics, angle of cutoff, supports, poles, and include manufacturer's catalog cuts.

2.

The footcandle level at the property line measured at ten-foot (10') intervals, and on a ten-foot (10') grid throughout the lighted area for outdoor display areas or under a canopy.

Measurements Measurement of light levels shall be accomplished as follows.

1.

Metering Equipment. Lighting levels shall be measured in footcandles with a directreading, portable light meter. The meter shall read within an accuracy of plus or minus five (5) percent. It shall have been tested, calibrated, and certified by an independent commercial photographic laboratory or the manufacturer.

2.

Method of Measurement. The meter sensor shall be mounted not more than six (6) inches above ground level in a horizontal position at the property line. Readings shall be taken only after the cell has been exposed long enough to provide a constant reading.

Measurements shall be taken in locations free of shadows.

Light Levels Light levels for various lighting applications shall be appropriate for the given application. In addition, the following standards shall apply: 1.

Outdoor Display Lots. All display lot lighting, including auto dealerships or other outdoor sales areas, shall utilize fully shielded luminaries that are installed in a fashion that maintains the fully shielded characteristics. The light level used for illuminating outdoor displays shall not exceed thirty (30) footcandles.

2.

Service Station/Gas Pump Canopies. All luminaries mounted on or recessed into the lower surface of service station canopies shall be fully shielded and utilize flat lenses.

The light level used for illuminating service station canopies shall not exceed forty (40) footcandles in the B-1, B-2, B-3, M-1, M-2 or CPD Districts and shall not exceed twenty (20) footcandles in all other districts.

H.

Grandfathering of Nonconforming Luminaires Luminaires in place prior to June 17, 2002 shall be exempt from these regulations. Such exempt luminaires may be replaced with a similar kind of luminaire unless more than 50% of the similar luminaries on the same premises are being replaced.

In such case all the replacement luminaries on the premises shall meet the standards of this Ordinance.

I.

Administration The Community Development Department is hereby empowered and directed to administer and

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enforce the provisions of this section relating to outdoor light control for commercial, industrial, and multi-family development as well as public buildings.

SEC. 1-3.4

FENCES

A.

Fences shall be constructed so that the finished side faces away from the lot on which it is constructed, and the supporting structure side shall face the interior of the fenced property.

B.

Any fence in existence prior to July 6, 2010 and which is subsequently replaced, shall be constructed as provided in Section, 1-3.4.

C.

Residential Districts 1.

Fences less than four (4) feet high may be located on any part of a lot, excluding the site triangle.

2.

Fences less than seven (7) feet high may be erected on those parts of a lot that are as far back or farther back from a street than the main building, excluding the site triangle.

Fig 1.9 Fences cannot be located in site triangle

D.

AG, CPD, I, O and B-1 Districts 1.

2.

Fences less than four (4) feet high may be located on any part of a lot, excluding the site triangle.

Fences less than eight (8) feet high may be erected on those parts of a lot that are as far back or farther back from a street than the main building, excluding the site triangle

E.

B-2, B-3 and M Districts Fences less than eight (8) feet high may be located on any part of a lot, excluding the site triangle.

F.

General Provisions 1.

Whenever a B district adjoins an R district the final development plan shall provide for a suitable fence, wall or evergreen plant border at least five (5) feet high at maturity.

Fences shall be a minimum of six (6) feet in height. Evergreen shrubs shall be a minimum of 3’ in height at time of planting and shall reach a height of at least five (5) feet in 5 years. If an evergreen shrub border has not achieved a height of five (5) feet

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within 5 years the Director of Community Development may require that a fence or additional plantings be installed. Evergreen trees shall be a minimum of six (6) feet in height at time of planting. Spacing for all plant material shall be determined by species as approved by the Director of Community Development.

2.

Corner lots which have rear yards abutting each other may have fences less than seven (7) feet high erected on that part of the lot which is at least as far back from the front of the lot as the principal building. Corner lots which have rear yards abutting each other need have only one (1) front yard, which shall be in the front of the principal building.

(Figure 1.10 illustrates the requirements of this division).

3.

Corner lots which have rear yards abutting the side yard of an adjacent lot may have fences less than seven (7) feet high erected on that part of the corner lot which is at least as far back from the street fronting such lot as the front building line, provided that one (1) of the following additional requirements is met:

Fig 1.10 Fences in Corner Lots (Sec 1-3.4 F2)

a.

The fence shall cut off at a ninety-degree angle for a distance at least equal to the minimum front lot requirement for the district at that point on the rear lot line of the corner lot which intersects with the front building line of the adjacent lot, after which distance the fence may cut back at an angle of at least ninety (90) degrees to the side lot line of the corner lot. (See Figure 1.11)

b.

The fence shall cut off at a minimum of a forty-five-degree angle from that point on the rear lot line of the corner lot which intersects with the front building line of the adjacent lot, to the side lot line of the corner lot. (See Figure 1.12)

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Fig 1.11 Fence with 90 Degree cut-off (Sec 1-3.4 F3a)

Fig 1.12 Fence with 45 Degree cut-off (Sec 1-3.4 F3b)

4.

Fences shall be installed so as not to interfere or impede the flow of surface drainage.

5.

In no instance shall a fence obstruct the visibility of motorists.

6.

Temporary fences for construction sites, snow, or for purposes of crowd control or security at special events must comply with site triangle provisions (Fig. 1.9) but are otherwise exempt from all provisions of this DO.

7.

The use of barbed wire or electric fencing shall be prohibited in all zoning districts, except as follows:

8.

a.

Barbed Wire. Barbed wire may be used in: (1) “AG” - Agricultural Districts when livestock are present; (2) “M” - Manufacturing Districts, when five (5) feet above grade and at the top of the fence; (3) “B” - Business Districts, in conjunction with Special Use Permits for Outside Storage; (4) Surrounding a detention or retention area in any district; and (5) When approved by Variances, or Comprehensive Planned Developments.

b.

Electric Fences. Above-grade electric fences, appropriately signed with warning signs installed above grade, may be permitted in the Agricultural District when livestock are present.

It is recommended that fences not be erected or installed in easements. However, if a fence is installed within an easement, the authority with easement rights shall not be responsible for the re-installation of the fence due to the authority’s exercising its easement rights.

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9.

For private tennis courts, swimming pools, or ballfield backstops, no fence shall exceed eight (8) feet in height unless the fence is at least fifteen (15) feet from all property lines.

In all cases, no fence shall exceed twelve (12) feet in height, unless it is part of a public ballfield backstop, tennis court, pool or the like.

10.

Fence height shall be measured from the nearest grade of an adjacent property for fences located within ten (10) feet of a property line. For fences setback farther than ten (10) feet from a property line, the fence height shall be measured from the lowest elevation at the base of the fence. Ornamental post caps shall be excluded from the calculation of fence height.

SEC. 1-3.5

PERFORMANCE STANDARDS

Noise, glare, vibration, odor, etc., shall be regulated according to standards established by the Illinois Pollution Control Board of the Environmental Protection Agency, as may be amended from time to time.

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DIVISION 4 – ZONING DISTRICTS ESTABLISHED

SEC. 1-4.1

ENUMERATED

The City is divided into the following districts: A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P.

AG- Agriculture District ER- Estate Residential District R1A - Single-Family District R1B - Single-Family District R1C - Single-Family Attached District R2 - Two Family District R3A - Multiple-Family District R3B - Multiple- Family District I - Institutional O - Office B1 - Neighborhood Business District B2 - General Business District B3 - Central Business District M1 - Light Industrial District M2 - Heavy Industrial District CPD - Comprehensive Planned Development District

SEC. 1-4.2

MAP

The boundaries of the districts listed above are as shown on the Zoning Map for the City of Galesburg.

A copy of this map may be found on file in the Community Development Department. The Zoning Map, together with notation, shall be as much a part of this DO as if such notations were specifically set forth herein this text.

SEC. 1-4.3

INTERPRETATION OF BOUNDARIES

Where uncertainty exists with respect to the boundaries of the various districts as shown on the district map, the following rules shall apply: A.

The district boundaries are either center lines of streets or alleys unless otherwise shown, and where the districts designated on the district map, being made a part of this Ordinance, are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district.

B.

Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the

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lot lines, and where the districts designated on the district map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.

C.

In unsubdivided property, the district boundary lines on the map shall be determined by use of the scale appearing on the map.

SEC. 1-4.4

AUTOMATIC EXTENSIONS

Whenever council vacates a street or alley adjacent districts shall extend to the centerline of the vacation.

SEC. 1-4.5

LAND ANNEXED FROM COUNTY

Land annexed to the City is automatically placed in the zoning district most closely corresponding to that of Knox County Zoning Resolution in which it is located before annexation; this shall be the zoning until changed by Ordinance or unless otherwise established in a pre-annexation agreement.

SEC. 1-4.6

PREANNEXATION AGREEMENTS

Whenever a preannexation agreement which has been entered into between the owner or owners of land and the City is to be recorded in the Office of the Recorder of Deeds of the County, the owners of land, or their representative, shall first deposit with the City a sum of money equal to the fee charged by the recorder of deeds for recording such preannexation agreement.

It shall be the duty of the Building Inspector to post a sign on any premises which are the subject of a preannexation agreement which affects the zoning of such premises, not less than ten (10) days before the public hearing required by law, giving notice of the proposed zoning and the time and place of hearing thereon.

State law reference(s)--Annexation agreements, 65 ILCS 5/11-15.1-1 et seq.

SEC. 1-4.7

PERMISSIBLE USES AND SPECIFIC EXCLUSIONS

A.

The presumption established by this Article is that all legitimate uses of land are permissible within at least one zoning district in the City’s planning jurisdiction. Therefore, because uses listed in this Article cannot be all inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.

B.

Notwithstanding Subsection (A), all uses that are not listed in this Article, even given the liberal interpretation mandated by Subsection (A), are prohibited. Nor shall the listed uses in this Article be interpreted to allow a use in one zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.

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C.

Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts: 1.

Any use that involves the manufacture, handling, sale, distribution, or storage of any highly combustible or explosive materials in violation of the City’s fire prevention code.

2.

Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted. (Situations that do not comply with this subsection on the effective date of this Ordinance are required to conform within 30 days).

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DIVISION 5 - ZONING DISTRICTS SEC. 1-5.1

AG – AGRICULTURE DISTRICT

A.

Purpose The AG District provides areas in which agriculture and certain related uses are encouraged as the principal use of land. The intent is to facilitate the continued use of productive agricultural land by minimizing conflicts with incompatible uses while maintaining the long-term development potential of property on the periphery of Galesburg.

B.

Permissive uses The following uses are permitted by right: 1.

2.

3.

4.

5.

6.

7.

8.

9.

C.

Conditional uses The following uses are permitted by right, subject to the additional conditions listed herein, and provided such conditional uses shall comply with the height, area, and parking regulations for similar uses. All proposed conditional uses shall be reviewed and approved by the Director of Community Development to ensure compliance with the development standards listed herein.

1.

2.

D.

Agriculture Cemetery Community Facility Day care home Farm implements (sale or repair) Golf course, except miniature courses Grain elevators Park and playground Single-family dwelling (detached)

Animal hospital/veterinary clinic for the care and treatment of domestic pets and animals only when kennels are located entirely within the building Nursing home/assisted living center, or clinic on sites of not less than ten (10) acres, provided not more than fifty (50) percent of the site area may be occupied by the buildings.

Special uses The following uses require a Special Use Permit: 1.

2.

3.

Archery range (outdoor) Campground/Recreational Vehicle Park Educational institutions such as elementary and high schools or a junior college, and having no room regularly used for housing or sleeping purposes 4.

Feed Store 5.

Greenhouse 6.

Landscape contractor’s storage yard City of Galesburg Development Ordinance March, 2010 Article 1 - General Provisions Page 1-33

7.

8.

9.

10.

Landscape waste composting yard Nursery/Garden Center (retail) Philanthropic institution Shooting range (outdoor)

E.

Height limits No building or structure shall be erected or structurally altered to exceed thirty-five (35) feet.

Height limits may be exceeded in accordance with the provisions outlined in Section 1-3.1.

F.

Minimum yards Every building hereafter erected or enlarged shall provide and maintain: 1.

2.

3.

4.

G.

Front yard not less than seventy-five (75) feet.

Side yards not less than fifty (50) feet.

Rear yard not less than fifty (50) feet.

Minimum yards may be exceeded in accordance with the provisions outlined in Section 1-3.2.

Minimum lot areas and widths 1.

2.

SEC. 1-5.2

Lot areas no less than ten (10) acres.

Lot width no less than five-hundred (500) feet.

ER – ESTATE RESIDENTIAL DISTRICT

A.

Purpose The ER District provides opportunities for very low density single family dwellings on large lots where minimum community services may be appropriate. ER zoning is particularly appropriate where the conservation of land with ample private open space is desirable due to existing environmental conditions such as unusual topography, woodlands, wetlands or creeks.

B.

Permissive uses The following uses are permitted by right: 1.

2.

3.

4.

5.

6.

C.

Agriculture Community facilities Day care home Golf course, except miniature courses Park and playground Single-family dwelling (detached)

Conditional uses The following uses are permitted by right, subject to the additional conditions listed herein, and provided such conditional uses shall comply with the height, area, and parking regulations for similar uses. All proposed conditional uses shall be reviewed and approved by the Director of Community Development to ensure compliance with the development standards listed herein.

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1.

2.

3.

D.

Community residence (family) – see Sec. 1-7.5 for conditions.

Nursery/Garden center (retail) Religious institution/church with a seating capacity of not more than two-hundred (200) persons in the assembly area.

Special uses The following uses require a Special Use Permit: 1.

2.

3.

4.

5.

6.

7.

Boat launching ramp/Marina Cemetery on sites of not less than twenty (20) acres, and enlargement of existing cemeteries Club or lodge (private) Educational and philanthropic institution on sites of not less than five (5) acres, provided not more than fifty (50) percent of the site area may be occupied by the buildings Parking lot located within three hundred (300) feet of a “B” or “M” district Private or commercially operated lake, swimming pool, and tennis court, provided they are located on sites containing not less than five (5) acres Public building

E.

Height limits No building or structure shall be erected or structurally altered to exceed thirty-five (35) feet.

Height limits may be exceeded in accordance with the provisions outlined in Section 1-3.1.

F.

Minimum yards Every building hereafter erected or enlarged shall provide and maintain: 1.

2.

3.

4.

G.

Minimum lot areas and widths 1.

2.

3.

SEC. 1-5.3 A.

Front yard not less than thirty (30) feet.

Side yards not less than ten (10) feet.

Rear yard not less than thirty (30) feet.

Minimum yards may be exceeded in accordance with the provisions outlined in Section 1-3.2.

Where there is no public water and no public sewer service, one (1) acre and onehundred-fifty (150) foot width.

Where public water service is available but there is no public sewer service, twenty thousand (20,000) square feet and one-hundred (100) foot width.

Where both public water and public sewer are available, eighteen-thousand (18,000) square feet and eighty (80) foot width.

R1A – SINGLE-FAMILY DISTRICT

Purpose The R1A District provides for low-density, detached single-family residential development where the permitted uses, lot areas, setbacks and other requirements are designed to encourage

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quality residential development. In this district, community water supply and sewer facilities are already available or can be made available as development takes place.

B.

Permissive uses The following uses are permitted by right: 1.

Agriculture 2.

Community facilities 3.

Day care home 4.

Park and playground 5.

Single-family dwelling (detached)

C.

Conditional uses The following uses are permitted by right, subject to the additional conditions listed herein, and provided such conditional uses shall comply with the height, area, and parking regulations for similar uses. All proposed conditional uses shall be reviewed by the Director of Community Development to ensure compliance with the development standards listed herein.

1.

2.

3.

4.

D.

Community residence (family) – see Sec. 1-7.5 for conditions.

Educational and philanthropic institutions, clubs or lodges on sites of not less than five (5) acres, provided not more than fifty (50) percent of the site area may be occupied by the buildings Nursing home, assisted living center, or clinic on sites not less than five (5) acres, provided not more than fifty (50) percent of the site area may be occupied by buildings, and provided further that the buildings shall be set back from all required yard lines an additional foot for each foot of building height.

Religious institution/church with a seating capacity of not more than two-hundred (200) persons in the assembly area.

Special uses The following uses require a Special Use Permit: 1.

2.

3.

4.

5.

6.

7.

Boat launching ramp/marina Child care center, pre-kindergarten, kindergarten, play, special and other schools Golf course, except miniature courses Parking lot located within three hundred (300) feet of a “B” or “M” district Privately or commercially operated lake, swimming pool, and tennis court, provided they are located on sites containing not less than five (5) acres Public building Two-family dwellings in those locations where on July 6, 2010 more than forty (40) percent of the frontage on one (1) side of a street between two (2) intersecting streets is used for two-family dwelling or two-family dwelling and multiple-family dwellings

E.

Height limits No building or structure shall be erected or structurally altered to exceed thirty-five (35) feet.

Height limits may be exceeded in accordance with the provisions outlined in Section 1-3.1.

F.

Minimum yards Every building hereafter erected or enlarged shall provide and maintain;

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1.

2.

3.

4.

G.

Minimum lot areas and widths 1.

2.

H.

Front yard not less than thirty (30) feet.

Side yards not less than ten (10) feet.

Rear yard not less than thirty (30) feet.

Minimum yards may be exceeded in accordance with the provisions outlined in Section 1-3.2.

Lot areas no less than nine-thousand (9,000) square feet.

Lot width no less than seventy (70) feet.

Minimum lot area per family 1.

2.

SEC. 1-5.4

Single-Family Dwellings: nine-thousand (9,000) square feet.

Two-Family Dwellings: four-thousand five-hundred (4,500) square feet.

R1B – SINGLE FAMILY DISTRICT

A.

Purpose The R1B District provides areas of a higher density than the R1A District, but of a similar urban character, where community water and sewer facilities are available.

B.

Permissive uses The following uses are permitted by right: 1.

2.

3.

4.

C.

Community facilities Day care home Park and playground Single-family dwelling (detached)

Conditional uses The following uses are permitted by right, subject to the additional conditions listed herein, and provided such conditional uses shall comply with the height, area, and parking regulations for similar uses. All proposed conditional uses shall be reviewed by the Director of Community Development to ensure compliance with the development standards listed herein.

1.

2.

Community residence (family) – see Sec. 1-7.5 for conditions.

Educational and philanthropic institutions, clubs or lodges on a site of not less than five (5) acres, provided not more than fifty (50) percent of the site area may be occupied by the buildings 3.

Nursing home, assisted living center, or clinic on sites not less than five (5) acres, provided not more than fifty (50) percent of the site area may be occupied by buildings, and provided further that the buildings shall be set back from all required yard lines an additional foot for each foot of building height.

4.

Religious institution/church with a seating capacity of not more than two-hundred (200) persons in the assembly area City of Galesburg Development Ordinance March, 2010 Article 1 - General Provisions Page 1-37

D.

Special uses The following uses require a Special Use Permit: 1.

2.

3.

4.

5.

6.

7.

8.

Boat launching ramp/marina Child care center, pre-kindergarten, kindergarten, play, special and other schools Golf course Parking lot located within three hundred (300) feet of a "B" or "M" district Private or commercially operated lake, swimming pool, and tennis court, provided they are located on sites containing not less than five (5) acres Public building Recreational activities (outdoor) where buildings do not occupy more than ten (10) percent of the site area Two-family dwellings in those locations where on July 6, 2010 more than forty (40) percent of the frontage on one (1) side of a street between two (2) intersecting streets is used for two-family dwelling or two-family dwelling and multiple-family dwellings

E.

Height limits No building or structure shall be erected or structurally altered to exceed thirty-five (35) feet.

Height limits may be exceeded in accordance with the provisions outlined in Section 1-3.1.

F.

Minimum yards Every building hereafter erected or enlarged shall provide and maintain: 1.

2.

3.

4.

G.

Minimum lot areas and widths 1.

2.

H.

Lot areas no less than seven-thousand five-hundred (7,500) square feet.

Lot width no less than sixty (60) feet.

Minimum lot area per family 1.

2.

SEC. 1-5.5 A.

Front yard not less than twenty-five (25) feet.

Side yards not less than five (5) feet.

Rear yard not less than twenty-five (25) feet.

Minimum yards may be exceeded in accordance with the provisions outlined in Section 1-3.2.

Single-Family Dwellings: seven-thousand five-hundred (7,500) square feet.

Two-Family Dwellings: three-thousand seven-hundred fifty (3,750) square feet.

R1C – SINGLE-FAMILY ATTACHED DISTRICT

Purpose The R1C District provides for single-family attached residential development at a moderate density with adequate open space for family living. Areas appropriate for the R1C District are often transitional areas between more intense commercial uses and lower intensity single family.

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B.

Permissive uses The following are permissive uses: 1.

2.

3.

4.

5.

6.

7.

C.

Conditional uses The following uses are permitted by right, subject to the additional conditions listed herein, and provided such conditional uses shall comply with the height, area, and parking regulations for similar uses. All proposed conditional uses shall be reviewed by the Director of Community Development to ensure compliance with the development standards listed herein.

1.

2.

3.

4.

5.

D.

Cluster neighborhood units Community facilities Day care home Golf course Park and playground Single-family (attached) with no more than three dwellings in a building Single-family dwelling (detached)

Community residence (family) – see Sec. 1-7.5 for conditions.

Educational and philanthropic institutions on a site of not less than five (5) acres, provided not more than fifty (50) percent of the site area may be occupied by the buildings Nursing home, assisted living center, or clinic on sites not less than five (5) acres, provided not more than fifty (50) percent of the site area may be occupied by buildings, and provided further that the buildings shall be set back from all required yard lines an additional foot for each foot of building height Private or commercially operated lake, swimming pool, and tennis court, provided they are located on sites containing not less than five (5) acres Religious institution/church, with a seating capacity of not more than 200 persons in the assembly area

Special uses The following uses require a Special Use Permit: 1.

2.

3.

Child care center, pre-kindergarten, kindergarten, play, special and other schools Parking lot located within three hundred (300) feet of a "B" or "M" district Public building

E.

Height limits No building or structure shall be erected or structurally altered to exceed thirty-five (35) feet.

Height limits may be exceeded in accordance with the provisions outlined in Section 1-3.1.

F.

Minimum yards Every building hereafter erected or enlarged shall provide and maintain: 1.

2.

3.

Front yard not less than thirty (30) feet.

Side yards not less than ten (10) feet.

Rear yard not less than thirty (30) feet.

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4.

G.

Minimum lot areas and widths 1.

2.

H.

Minimum yards may be exceeded in accordance with the provisions outlined in Section 1-3.2.

Lot areas no less than six-thousand (6,000) square feet.

Lot width no less than fifty (50) feet.

Minimum lot area per family 1.

2.

SEC. 1-5.6

Single-Family Dwellings (detached): six-thousand (6,000) square feet.

Single-Family Dwellings (attached): three-thousand (3,000) square feet.

R2 – TWO FAMILY DISTRICT

A.

Purpose The R2 District provides for duplex dwellings of moderate density in locations where it may serve to protect single-family residential development from the encroachment of incompatible uses.

B.

Permissive uses The following are permissive uses: 1.

2.

3.

4.

5.

6.

C.

Community facilities Day care home Golf course Park and playground Single-family dwelling (detached) Two-family dwellings

Conditional uses The following uses are permitted by right, subject to the additional conditions listed herein, and provided such conditional uses shall comply with the height, area, and parking regulations for similar uses. All proposed conditional uses shall be reviewed by the Director of Community Development to ensure compliance with the development standards listed herein.

1.

2.

3.

4.

5.

Clinic Community residence (family) – see Sec. 1-7.5 for conditions.

Educational and philanthropic institutions on sites of not less than five (5) acres, provided not more than fifty (50) percent of the site area may be occupied by the buildings.

Religious institution/church, with a seating capacity of not more than 200 persons in the assembly area.

Single-family dwellings (attached), with no more than 3 dwelling units per building.

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D.

Special uses The following uses require a Special Use Permit: 1.

2.

3.

Nursing home/Assisted living center/Supportive living center Parking lot located within three hundred (300) feet of a “B” or “M” district Public building

E.

Height limits No building or structure shall be erected or structurally altered to exceed thirty-five (35) feet.

Height limits may be exceeded in accordance with the provisions outlined in Section 1-3.1.

F.

Minimum yards Every building hereafter erected or enlarged shall provide and maintain: 1.

2.

3.

4.

G.

Minimum lot areas and widths 1.

2.

H.

Front yard not less than twenty-five (25) feet.

Side yards not less than five (5) feet.

Rear yard not less than twenty-five (25) feet.

Minimum yards may be exceeded in accordance with the provisions outlined in Section 1-3.2.

Lot areas no less than seven-thousand five-hundred (7,500) square feet.

Lot width no less than sixty (60) feet.

Minimum lot area per family 1.

2.

SEC. 1-5.7

Single-Family Dwellings: seven-thousand five-hundred (7,500) square feet.

Two-Family Dwellings: three-thousand seven-hundred fifty (3,750) square feet.

R3A – MULTI-FAMILY DISTRICT

A.

Purpose The R3A District provides for a mixture of residential dwelling types and to allow other selected uses that are compatible with the District's residential character.

B.

Permissive uses The following are permissive uses: 1.

2.

3.

4.

5.

6.

7.

Boardinghouse Community facilities Day care home Dormitory Educational and philanthropic institution Golf course Multi-family dwelling

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March, 2010 Page 1-41

8.

9.

10.

11.

12.

C.

Conditional uses The following uses are permitted by right, subject to the additional conditions listed herein, and provided such conditional uses shall comply with the height, area, and parking regulations for similar uses. All proposed conditional uses shall be reviewed by the Director of Community Development to ensure compliance with the development standards listed herein.

1.

2.

3.

D.

Nursing home/Assisted living center/Supportive living center Park and playground Single-family dwelling (attached) Single-family dwelling (detached) Two-family dwelling

Community residence (family) – see Sec. 1-7.5 for conditions.

Community residence (group) – see Sec. 1-7.5 for conditions.

Religious institution/church, with a seating capacity of not more than 200 persons in the assembly area.

Special uses The following uses require a Special Use Permit: 1.

2.

Funeral home or mortuary Limited business uses, provided they are located within a structure initially designed for single-family use which is either an approved Galesburg designated landmark, or located within a locally approved historic district or individually listed in the National Register of Historic Places; and approved its use for any of the following purposes based upon its anticipated positive impact upon tourism, or other economic contribution to the community, provided that the Landmark Commission believes there is a net positive benefit to the community as a whole and to the neighborhood in which the property is located as well: a. b. c. d. e. f. g. h. i. j. k. l.

3.

Antique shop Art gallery or art studio Bed and breakfast inn Clinic Coffee, cafĂŠ, or teahouse Craft and hobby shop Flower and plant shop Medical or dental office Museum Photography studio Professional office Studio for the instruction of photography, music, drama, or dance

The uses under subsection (D) (2) above are subject to the following conditions: a. The exterior architectural or historical character of the residence shall be maintained. b. The exterior residential character of the structure shall be maintained.

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March, 2010 Page 1-42

c. No more than five (5) employees shall be employed on the property at any one (1) time. d. Parking spaces shall be provided in accordance with the residential and commercial requirements in Article 2, Division 1. Off-street parking and loading spaces shall only be located in the rear yard, and screening or fencing of the spaces may be required. e. One (1) non-illuminated sign not more than two (2) square feet in area and attached to the building or to a yard light may be displayed for each business located within the structure. f. Alterations to the structure shall be limited to interior changes, unless the Landmark Commission approves a certificate of appropriateness for exterior changes or the changes necessary to assure the health and safety of the occupants and visitors of and to the property. g. No outside storage of materials shall be permitted.

4.

Manufactured home park, provided that: a. Each lot, space or site on which each single manufactured home is accommodated shall have a minimum area of not less than five thousand (5,000) square feet. The lot area may be decreased by any amount to a minimum area of three thousand five hundred (3,500) square feet as long as on-site park space is set aside equal to the amount of space each lot is reduced below five thousand (5,000) square feet. Each lot shall have a width of not less than forty (40) feet at any point, and no park shall be permitted an average density of manufactured home lots of more than eight (8) per acre, and each manufactured home park shall provide an area of not less than ten (10) acres. b. All manufactured home parks shall provide lots sufficient to maintain the following minimum requirements: (1) Minimum setback separations shall be as follows: Manufactured home to manufactured home (side to side): Manufactured home to manufactured home (end to end, staggered): Manufactured home to manufactured home (end to end, not staggered): Manufactured home to other structures accessory to manufactured home park, including community buildings and offices: Manufactured home to other structures accessory to a manufactured home structure:

City of Galesburg Development Ordinance Article 1 - General Provisions

20 feet 10 feet 20 feet 20 feet 4 feet

March, 2010 Page 1-43

Fig 1.13 Min. Setback Standards for Manufactured Home Parks

(2) At least one (1) off-street parking space shall be provided on each lot, space or site on an approved driveway and the vehicle is parked at least eight (8) feet from the nearest adjacent lot boundary. c. Each manufactured home site shall abut or face a driveway, roadway or street of no less than twenty-four (24) feet in width, which shall have unobstructed access to a public highway or alley. d. All state and City sanitation regulations shall be strictly observed. e. The manufactured home park shall be surrounded by a landscaped strip of open space fifty (50) feet wide along the street frontage of a major street and twenty-five (25) feet wide along all other lot lines or street frontages. Not less than eight (8) percent of the manufactured home park area, excluding streets, shall be set aside for park/recreational facilities. This park space requirement shall be in addition to any park space required to compensate for reduced lot size in section 1-5.7 D) 4) a) above. f. All manufactured homes shall be situated on a concrete slab or a set of piers or runners that meet all state requirements. Manufactured homes shall be anchored in accordance with all applicable state requirements. g. Sidewalks shall be provided along at least one side of all private streets within manufactured home parks to accommodate pedestrians in a safe and convenient City of Galesburg Development Ordinance Article 1 - General Provisions

March, 2010 Page 1-44

manner. Sidewalks shall have a minimum width of four (4) feet and be constructed in accordance with other applicable standard specifications of the City. h. Manufactured home dwelling units shall be skirted. Skirting must be maintained so as not to provided a harborage for rodents or create a fire hazard. i. The person, group, or corporation that owns the manufactured home park shall be responsible for operation of the park in compliance with local and state law and shall provide adequate supervision to maintain the park, its common grounds, private streets, facilities and equipment in good repair and in a clean and sanitary condition. j. The manufactured park owner/operator shall maintain a registry containing the names of all occupants, list of pets, and the make, year and serial number, if any, of each manufactured home. Such registry shall be available for inspection by the City of Galesburg. k. The manufactured park owner/operator is required to construct at least one framed building in each manufactured home park, which shall be adequate to provide storage of all equipment, tools, and materials necessary for the maintenance of the park. l. The manufactured park owner/operator is responsible for maintaining lawns, trees, shrubs and snow removal in all common areas.

5.

6.

7.

Parking lot located within three hundred (300) feet of a “B” or “M” district.

Pharmacy/ drug store Public building

E.

Height limits No building or structure shall be erected or structurally altered to exceed forty-five (45) feet.

Height limits may be exceeded in accordance with the provisions outlined in Section 1-3.1.

F.

Minimum yards Every building hereafter erected or enlarged shall provide and maintain (other than manufactured homes and their accessory structures): 1.

2.

3.

4.

G.

Front yard not less than twenty (20) feet.

Side yards not less than five (5) feet.

Rear yard not less than twenty-five (25) feet.

Minimum yards may be exceeded in accordance with the provisions outlined in Section 1-3.2.

Minimum lot areas and widths 1.

2.

Lot areas no less than six-thousand (6,000) square feet.

Lot width no less than fifty (50) feet.

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H.

Minimum lot area per family 1.

2.

3.

SEC. 1-5.8

Single-Family Dwellings: six-thousand (6,000) square feet.

Two-Family Dwellings: three-thousand (3,000) square feet.

Multi- Family Dwellings: two-thousand (2,000) square feet.

R3B – MULTI-FAMILY DISTRICT

A.

Purpose The R3B District provides a predominantly multi-family environment that allows a variety of dwelling types at a high density. This district is intended to be used primarily close to the general business district where land has a high value and where there is the greatest concentration of people. No area less than ten (10) acres may be zoned R3B Multi-Family.

B.

Permissive uses All permissive uses listed in the R3A district are also permissive uses in the R3B district.

C.

Conditional uses All conditional uses listed in the R3A district are also conditional uses in the R3B district. Fixed manufactured homes may be located in such district with the stipulation that not more than one (1) fixed manufactured home living unit shall be placed on a six-thousand (6,000) square-foot lot. Manufactured homes must meet the National Manufactured Housing Construction and Safety Standards of 1974.

D.

Special uses All special uses in the R3A district.

E.

Height limits No building or structure shall be erected or structurally altered to exceed forty-five (45) feet.

Height limits may be exceeded in accordance with the provisions outlined in Section 1-3.1.

F.

Minimum yards Every building hereafter erected or enlarged shall provide and maintain: 1.

2.

3.

4.

G.

Front yard not less than twenty (20) feet.

Side yards not less than five (5) feet.

Rear yard not less than twenty-five (25) feet.

Minimum yards may be exceeded in accordance with the provisions outlined in Section 1-3.2.

Minimum lot areas and widths 1.

2.

Lot areas no less than six-thousand (6,000) square feet.

Lot width no less than fifty (50) feet.

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March, 2010 Page 1-46

H.

Minimum lot area per family 1.

2.

3.

SEC. 1-5.9

Single-Family Dwellings: six-thousand (6,000) square feet.

Two-Family Dwellings: three-thousand (3,000) square feet.

Multi-Family Dwellings: one-thousand five-hundred (1,500) square feet.

I – INSTITUTIONAL DISTRICT

A.

Purpose The I-District accommodates existing and future public buildings and recreational uses, and other uses having purposes and impacts similar to public buildings. By creation of this special district, it is the intent of this Code to avoid the problems inherent in treating such buildings as permitted or special uses in zoning districts characterized by uses and structures bearing no similarity to public and institutional uses and buildings.

B.

Permissive uses The following are permissive uses: 1. Ambulance service 2. Assembly/banquet/meeting hall 3. Child care center, pre-kindergarten, kindergarten, play, special and other schools 4. Civic theater 5. Clinic 6. Clubs and lodges (private) 7. Community facilities 8. Educational and philanthropic institution 9. Golf course 10. Golf driving range 11. Hospital/Trauma center 12. Library 13. Parking lot

C.

14. Parks and playground 15. Post office 16. Private or commercially operated lake 17. Public building 18. Religious institution/church 19. Skating rink (outdoor) 20. Small business incubator facilities operated on a college campus by a not-for-profit corporation on sites containing not less than five (5) acres 21. Swimming pool 22. Tennis court 23. Transit station

Conditional uses The following uses are permitted by right, subject to the additional conditions listed herein, and provided such conditional uses shall comply with the height, area, and parking regulations for similar uses. All proposed conditional uses shall be reviewed by the Director of Community Development to ensure compliance with the development standards listed herein.

1.

2.

Multi-family dwellings, dormitories, fraternities and sororities owned and/or associated with Carl Sandburg or Knox College.

Pharmacy, gift shop, or restaurant as an accessory use to a hospital or clinic. Such facilities shall have no separate entrance or exterior signs.

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March, 2010 Page 1-47

D.

Special uses The following uses require a Special Use Permit.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

Airport/heliport Archery range (indoor) Archery range (outdoor) Bait shop Boat launching ramp/marina Campground/recreational vehicle park Cemetery on sites not less than twenty (20) acres, and enlargement of existing cemeteries Commercial recreation uses Funeral home or mortuary Skating rink (indoor) Trade or business school

E.

Height limits No building or structure shall be erected or structurally altered to exceed seventy-two (72) feet, provided that where the lot is adjacent to a lot line in an R district, the building shall be set back from such required yard one (1) foot for each seven (7) feet of building height. Height limits may be exceeded in accordance with the provisions outlined in Section 1-3.1.

F.

Minimum yards Every building hereafter erected or enlarged shall provide and maintain: 1.

2.

3.

4.

G.

Front yard not less than twenty (20) feet.

Side yards not less than ten (10) feet.

Rear yard not less than twenty (20) feet.

Minimum yards may be exceeded in accordance with the provisions outlined in Section 1-3.2.

Minimum lot areas and widths 1.

2.

SEC. 1-5.10

Lot areas no less than seventy-five hundred (7,500) square feet.

Lot width no less than fifty (50) feet.

O – OFFICE DISTRICT

A.

Purpose The O-District accommodates uses by a single user or firm such as offices, medical and personal services which can serve as transitional areas between residential and commercial districts.

B.

Permissive uses The following are permissive uses:

City of Galesburg Development Ordinance Article 1 - General Provisions

March, 2010 Page 1 - 48

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

C.

11.

12.

13.

14.

15.

16.

17.

18.

19.

Loan office Medical office Parking lot Personal service shop Pharmacy, not greater than 4,000 SF Photography studio Professional office Public building Studio for the instruction of photography, music, drama, or dance

Conditional uses The following uses are permitted by right, subject to the additional conditions listed herein, and provided such conditional uses shall comply with the height, area, and parking regulations for similar uses. All proposed conditional uses shall be reviewed by the Director of Community Development to ensure compliance with the development standards listed herein.

1.

2.

D.

Art gallery or studio Barber shop Beauty shop Child care center, pre-kindergarten, kindergarten play, special and other schools Clinic Community facilities Dental office Educational institution Financial institution Funeral home or mortuary

Animal hospital/veterinary clinic for the care and treatment of domestic pets and animals only when kennels are located entirely within the building and are soundproofed to meet the standards of Section 1-3.5 Pharmacy, if associated with a clinic.

Special uses The following uses require a Special Use Permit: 1.

2.

3.

Crematory Religious institution/church Trade or business school

E.

Approval procedures for site plans See Section 1-8.3 for site plan review procedures

F.

Purpose and intent of site plan approval The purpose and intent of requiring site plan approval is to ensure that buildings, off-street parking, lighting, landscaping, ingress and egress, and drainage of the site will be constructed in a manner that will promote safety and convenience for the public and will preserve surrounding property values. Site plan review insures that the proposed development meets the standards set forth in the DO. It shall not be used to deny a use permitted in a zoning district based solely on the desirability of that use at said location. Site plan review is not a substitute for required State and City building permit reviews. The site plan shall conform to the following: 1.

2.

Be drawn to scale; Show boundaries of property to be developed;

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3.

4.

5.

6.

7.

G.

Show the proposed size, location, use and arrangement of buildings, parking areas with proposed arrangement of stalls and number of cars, entrance and exit driveways and their relationship to existing and proposed streets; Indicate location, type, use and size of structures on adjacent properties within two hundred (200) feet of the proposed development; Provide for the dedication of any rights-of-way for the widening, extension or connection of major streets as shown on the official plan; and Indicate the stages, if any, which will be followed in construction.

Provide architectural drawings of all elevations. Such elevations should be clearly labeled with building materials and colors indicated. Color elevations of all building facades, floor plans, and samples of materials may be required as necessary to help interpret the form and appearance of the building.

Design Standards As part of the petition for rezoning as, or development in, an office district, the petitioner/developer shall submit a site plan showing the location of the proposed building on the site. Either rezoning as an office district or development in an office district shall require a public hearing as set forth in Section 1-2.3 of the DO. This plan shall comply with the following: 1.

2.

3.

4.

5.

6.

7.

All lighting shall be designed and located so as to confine direct rays to the premises and away from adjoining residential uses. Such lighting shall be allowed only between the hours of 6:00 a.m. and 10:00 p.m. unless needed for safety or security in which case the lighting shall be reduced to a minimum level necessary.

Outside storage of materials shall be prohibited.

Sale of products involving the handling of merchandise shall be allowed only when incidental to the primary use.

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

Where a lot is in an O district and is next to an R district, the side or rear yard required in that R class district must be provided along the boundary line.

Automated Teller Machines (ATMs) shall be allowed to operate only within the interior of an approved building.

Architectural Design Standards: a. Purpose. Architectural review is intended to ensure the compatibility between adjacent uses of varying types and intensities. b. The proposed structure should relate favorably to the landscape, the neighborhood, and follow the overall architectural character of the community. For example, office buildings adjacent to single family homes with pitched roofs should have a similar roof style rather than the typical commercial flat roof. c. The size of the proposed structure should relate well to adjacent structures and its surroundings. d. The color of the proposed structure should blend with the surrounding landscape and neighborhood. e. Durable masonry materials are encouraged, particularly on the first floor. Smoothfaced concrete block and undressed cast-in-place concrete are not permitted. f. Areas of blank walls on the street level frontage of a building should be minimized.

City of Galesburg Development Ordinance Article 1 - General Provisions

March, 2010 Page 1 - 50

8.

Signs shall be in accordance with Article 3 of this DO.

H.

Height limits No building or structure shall be erected or structurally altered to exceed thirty-five (35) feet.

Height limits may be exceeded in accordance with the provisions outlined in Section 1-3.1.

I.

Minimum yards 1.

2.

3.

4.

J.

Front yard not less than twenty-five (25) feet.

Side yards not less than five (5) feet.

Rear yard not less than twenty-five (25) feet.

Minimum yards may be exceeded in accordance with the provisions outlined in Section 1-3.2.

Minimum lot areas and widths 1.

2.

SEC. 1-5.11

Lot areas no less than six-thousand (6,000) square feet.

Lot width no less than fifty (50) feet.

B1 – NEIGHBORHOOD BUSINESS DISTRICT

A.

Purpose The B1 District provides a limited range of convenience-oriented businesses and services primarily relying upon the patronage from the immediate neighborhoods.

B.

Permissive uses The following are permissive uses: 1. Ambulance service 2. Antique shop 3. Art and school supply store 4. Art gallery or studio 5. Bait shop 6. Barber shop 7. Beauty shop 8. Bed and breakfast 9. Bicycle sales and services 10. Book store 11. Butcher/Fish market (retail) 12. Camera and photographic supply store 13. Candy and ice cream store 14. Carpet and rug store 15. China and glassware store 16. Clinic

City of Galesburg Development Ordinance Article 1 - General Provisions

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

Clothing store Coffee, cafĂŠ, or teahouse Community facilities Currency exchange Dental office Dry cleaner Educational and philanthropic institution Financial institution Flower and plant shop Funeral home or mortuary Gift shop Health food store Interior decorating shop Jewelry store Leather and luggage store Loan office Locksmith March, 2010 Page 1 - 51

34. Museum 35. Musical instrument sales service 36. Paint and wallpaper store 37. Personal service shop 38. Pharmacy/ drug store 39. Photography studio 40. Professional office 41. Public building 42. Religious institution/church C.

and

43.

44.

45.

46.

47.

Restaurant without drive thru.

Shoe store Single-family dwelling (detached) Stationery store Studio for instruction of photography, music, drama or dance 48. Transit station 49. Travel bureau or agency 50. Watch, clock, sales, and repair shop

Conditional uses The following uses are permitted by right, subject to the additional conditions listed herein, and provided such conditional uses shall comply with the height, area, and parking regulations for similar uses. All proposed conditional uses shall be reviewed by the Director of Community Development to ensure compliance with the development standards listed herein.

1.

2.

Animal hospital/veterinary clinic for the care and treatment of domestic pets and animals only when kennels are located entirely within the building and are sound proofed to meet the standards of Sec. 1-3.5.

The following uses, provided they do not exceed three thousand (3,000) square feet in Floor Area a. Bakery (retail) b. Child care center, prekindergarten, kindergarten, play, special and other schools c. Civic theater d. Community residence (group) – see Sec. 1-7.5 e. Computer store f. Convenience store (without gas pumps) g. Copy shop h. Craft and hobby shop

3.

4.

5.

i. j. k. l. m. n. o. p. q. r.

Electrical, electronic and/ or appliance store Furniture repair, cleaning, or refinishing store Furniture store Hardware store Medical office Picture framing, sales, and service Shoe repair Sporting goods store Tailor Toy store

Dressmaking, tailoring, shoe repair, upholstering, and similar trade where not more than five (5) persons are employed on the premises at any one (1) time Garden supply store or greenhouse, provided they do not exceed fifteen thousand (15,000) square feet.

Laundromat or dry cleaning establishments that do not exceed ten (10) employees on the premises at any one (1) time

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6.

7.

D.

Parking lots, but only as an accessory use for customer and employee parking located on the site. Storage of construction vehicles is specifically not permitted in such parking lots.

Restaurant (any size with a drive-through subject to the conditions established in Section 1-7.2 (J))

Special uses The following uses require a Special Use Permit: 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

Adult entertainment establishment, subject to the provisions outlined in Section 1-7.6.

Arcade Catering service Cocktail lounge, bar, or tavern, or nightclub Convenience store with gas pumps Crematory Gun shop Halfway house, subject to the provisions outlined in Section 1-7.4.

Mail order store Miniature golf course (Indoor) Pet shop Pool hall Service and repair establishment, including dyeing or cleaning works or laundry, electrical, plumbing and HVAC, printing, painting, upholstering, or appliance repair Sign shop Skating rink (outdoor) Theater (not including drive-in theaters) Trade or business school

E.

Height limits No building or structure shall be erected or structurally altered to exceed thirty-five (35) feet.

Height limits may be exceeded in accordance with the provisions outlined in Section 1-3.1.

F.

Minimum yards Every building hereafter erected or enlarged shall provide and maintain: 1.

2.

3.

4.

G.

Front yard not less than twenty (20) feet.

No minimum side yards. If provided, must be at least five (5) feet.

Rear yard not less than twenty (20) feet.

Minimum yards may be exceeded in accordance with the provisions outlined in Section 1-3.2.

Minimum lot areas and widths 1.

2.

Single-family dwellings shall have a minimum lot area of 7,500 square feet and width of sixty (60) feet. All other uses shall have no minimum lot area.

Except for single-family dwellings, no minimum lot width shall be required in the B1 district.

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SEC. 1-5.12

B2 – GENERAL BUSINESS DISTRICT

A.

Purpose The B2 District provides for a wide range of businesses and services relying upon the patronage from areas beyond the immediate neighborhood in which they may be located.

B.

Permissive uses The following are permissive uses: 1. All permissive uses of the B1 district 2. Arcade 3. Archery range (indoor) 4. Assembly/banquet/meeting hall 5. Auction house 6. Auto repair shop 7. Automobile accessory store (tires, batteries, etc.)

8. Bakery (retail) 9. Bowling alley 10. Car wash 11. Catering service 12. Child care center, prekindergarten, kindergarten, play, special and other schools 13. Cigar, cigarette, tobacco store 14. Club or lodge (private) 15. Commercial recreational uses 16. Computer store 17. Contractor’s office and storage 18. Convenience store (with or without gas pumps) 19. Copy Shop 20. Craft and hobby shop 21. Dance hall 22. Department store 23. Display and salesroom 24. Dressmaking, tailoring, shoe repair, upholstery & similar trade 25. Drive-in theater 26. Electrical, electronic, and/or appliance store

City of Galesburg Development Ordinance Article 1 - General Provisions

27. Farm implements (sale and repair) 28. Feed store 29. Filling/service station or quick lube establishment 30. Furniture, repair, cleaning or refinishing store 31. Furniture store 32. Furrier shop 33. Garden supply/greenhouse 34. Grocery store 35. Hardware store 36. Health club, gymnasium, or spa 37. Home improvement store 38. Hospital/trauma center 39. Hotel/motel 40. Laboratory research testing 41. Laundromat 42. Mail-order store 43. Miniature golf (indoor) 44. Motorcycle sales/service 45. Nursery/garden center (retail) 46. Nursing home/assisted living center/supportive living facility 47. Office or store equipment and supplies, sales or service store 48. Packaging products and service 49. Pawn shop 50. Pet shop 51. Picture frame sales and service 52. Plumbing supplies and fixtures, sales/service (retail) 53. Pool hall 54. Radio and TV station or studio (no freestanding towers) March, 2010 Page 1 - 54

55. Rental of equipment or supplies 56. Restaurant (without drive thru) 57. Sales office (sales and/or storage) 58. Service and repair establishment 59. Shooting gallery (indoor) 60. Sign shop C.

61.

62.

63.

64.

65.

66.

67.

Sporting goods store Tailor Taxidermist Theater Toy store Trade or business school Warehouse sales (retail)

Conditional uses The following uses are permitted by right, subject to the additional conditions listed herein, and provided such conditional uses shall comply with the height, area, and parking regulations for similar uses. All proposed conditional uses shall be reviewed by the Director of Community Development to ensure compliance with the development standards listed herein.

1.

2.

3.

4.

All conditional uses in the B1 district not already permitted in the B2 district.

Accessory open storage of building material, lumber, and machinery and pipe when the material is enclosed within, and does not exceed the height of, a solid fence at least six (6) feet high.

Animal hospital/veterinary clinic for the care and treatment of domestic pets and animals only when kennels are located entirely within the building and are sound proofed.

Automobile, boat, recreational vehicle, or manufactured home sales, rental, storage or service provided: a. A sales office equipped with washroom facilities is provided on-site. b. All vehicle repair must be in an enclosed structure.

D.

5.

Restaurant (any size with a drive-through subject to the conditions established in Section 1-7.2 (J))

6.

Storage of construction vehicles and heavy-duty trucks when such use is accessory to a permitted, conditional, or special use.

7.

Multi-family dwellings, provided such dwellings existed on July 6, 2010.

Special uses The following uses require a Special Use Permit: 1.

2.

3.

4.

5.

6.

7.

All special uses in the B1 district not already listed as permissive or conditional in the B2 district.

Adult entertainment establishment, subject to the provisions outlined in Section 1-7.6.

Amusement park Cocktail lounge, bar, tavern, or nightclub Exterminating and fumigating shop Golf driving range Gun shop

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8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

Halfway house, subject to the provisions outlined in Section 1-7.4.

Junkyard Kennel, animal shelter, or animal obedience school Landscape contractor’s storage yard Liquor store Miniature golf course (outdoor) Mini-warehouse Product assembly Racetrack Skating rinks (indoor and outdoor) Storage (mini, self service) Warehouse and storage building

E.

Height limits No building or structure shall be erected or structurally altered to exceed forty-five (45) feet.

Height limits may be exceeded in accordance with the provisions outlined in Section 1-3.1.

F.

Minimum yards Every building hereafter erected or enlarged shall provide and maintain: 1.

2.

3.

4.

G.

Front yard may be zero (0) feet or at least five (5) feet.

Side yard may be zero (0) feet or at least five (5) feet.

Rear yard may be zero (0) feet or at least five (5) feet.

Minimum yards may be exceeded in accordance with the provisions outlined in Section 1-3.2.

Minimum lot areas and widths 1.

2.

SEC. 1-5.13

Single-family dwellings shall have a minimum lot area of 7,500 square feet and width of sixty (60) feet. All other uses shall have no minimum lot area.

Except for single-family dwellings, no minimum lot width shall be required in the B2 district.

B3 – CENTRAL BUSINESS DISTRICT

A.

Purpose The B3 District provides for those uses customarily expected to be located in an urban downtown environment such as retail, residential, governmental, office, cultural, hotel, entertainment, and ancillary uses. This district also serves to maintain the traditional business core of the City, and allow a mix of businesses, office, governmental and residential uses to encourage social, cultural and civic functions.

B.

Permissive uses The following are permissive uses: 1.

Antique shop

City of Galesburg Development Ordinance Article 1 - General Provisions

2.

3.

Arcade Art and school supply store March, 2010 Page 1 - 56

4.

5.

6.

7.

8.

9.

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Art gallery or studio Assembly/banquet/meeting hall Auction house Bakery (retail) Barber shop Beauty shop Bed and breakfast Bicycle sales and services Boardinghouse Book store Bowling alley Butcher/fish market (retail) Camera and photographic supply store Candy and ice cream store Carpet and rug store Catering service Child care center, prekindergarten, kindergarten, play, special and other schools China and glassware store Cigar, cigarette, tobacco store Civic theater Clinic Clothing store Club or lodge (private) Cocktail lounge, bar, tavern, or nightclub Coffee, cafĂŠ, or teahouse Community facilities Computer store Convenience store (without gas pumps) Copy Shop Craft and hobby shop Currency exchange Dance hall Day care home Dental office Department store Display and salesroom Dormitory Dressmaker Dry cleaner Educational and philanthropic institution

City of Galesburg Development Ordinance Article 1 - General Provisions

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Electrical, electronic, and/or appliance store Farm implements (sale or repair) Feed store Financial institution Flower and plant shop Funeral home or mortuary Furniture repair, cleaning, or refinishing store Furniture store Furrier shop Garden supply store Gift shop Grocery store Hardware store Health club, gymnasium, and/or spa Health food store Hospital/trauma center Hotel/ motel Interior decorating shop Jewelry store Laboratory research testing Laundromat Leather and luggage store Library Loan office Locksmith Mail-order store Medical office Motorcycle sales, service Multi-family dwelling Museum Musical instruments sales and service Newspaper offices and printing Nursing home, assisted living center, supportive living facility Office equipment and supplies, sales/service store Packaging products and service Paint and wallpaper store Parking lot Pawn shop Personal service shop Pet shop March, 2010 Page 1 - 57

84.

85.

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C.

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Shooting gallery (indoor) Sign shop Single-family dwellings (second story or above) Sporting good store Stationery store Studio for the instruction of photography, music, drama or dance Tailor Theater Trade or business school Transit station Travel bureau or agency Toy store Upholstery store Watch, clock, sales, and repair shop

Conditional uses The following uses are permitted by right, subject to the additional conditions listed herein, and provided such conditional uses shall comply with the height, area, and parking regulations for similar uses. All proposed conditional uses shall be reviewed by the Director of Community Development to ensure compliance with the development standards listed herein.

1.

2.

3.

D.

Pharmacy/ drug store Photography studio Picture frame sales or service Plumbing supplies and fixtures, sales and service (retail) Pool hall Post office Professional office Public building Radio and TV station or studio (no freestanding towers) Religious institution/church Restaurants without drive through Service and repair establishment Shoe repair Shoe store

Animal hospital/veterinary clinic for the care and treatment of domestic pets and animals only when kennels are located entirely within the building and are soundproofed.

Community residence (group) – see Sec. 1-7.5.

Crematory, if accessory to a funeral home or mortuary.

Special uses The following uses require a Special Use Permit: 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

Ambulance service Auto repair shop Automobile accessory store (tires, batteries, etc.)

Automobile sales agency Car wash Convenience store (with gas pumps) Filling/service station or quick-lube establishment Gun shop Halfway house, subject to the provisions outlined in Section 1-7.4.

Kennel, animal center, animal obedience school (excludes outdoor kennels) Liquor store Product assembly

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13.

14.

Skating rink (indoor and outdoor) Storage (mini-self service)

E.

Height limits No building or structure shall be erected or structurally altered to exceed one- hundred (100) feet, provided that where the lot is adjacent to a lot line in an R district, the building shall be set back from such lot line one (1) foot for each seven (7) feet of building height. Height limits may be exceeded in accordance with the provisions outlined in Section 1-3.1.

F.

Minimum yards Every building hereafter erected or enlarged shall provide and maintain: 1.

2.

3.

4.

G.

Front yard may be zero (0) feet or at least five (5) feet.

Side yard may be zero (0) feet or at least five (5) feet.

Rear yard may be zero (0) feet or at least five (5) feet.

Minimum yards may be exceeded in accordance with the provisions outlined in Section 1-3.2.

Minimum lot areas and widths 1.

2.

SEC. 1-5.14

No minimum lot area.

No minimum lot width.

M1 – LIGHT INDUSTRIAL DISTRICT

A.

Purpose The M1 District provides for the development of light industrial uses such as wholesale, distribution, research and development, and storage. It may also include some manufacturing processes, such as assembly, which does not produce noxious by-products. Limited retail sales and services related to the industrial uses may also be permitted as accessory uses. It is preferable to have a transition between the M1 Light Industrial district and residential uses.

B.

Permissive uses The following are permissive uses: 1.

2.

3.

4.

5.

6.

7.

8.

Airport/Heliport Archery range (indoor) Assembly plant Bakery (retail) Bakery (wholesale) Barber shop Beauty shop Boat sales, rentals, storage, or service 9. Bookbinder

City of Galesburg Development Ordinance Article 1 - General Provisions

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11.

12.

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15.

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Bowling alley Building materials/sales Cannery (except fish and meat products) Car wash Catering service Cellophane products manufacturing Ceramic product (previously pulverized clay kilns fired only by electricity or gas) 17. Cocktail lounge, bar, or tavern, or nightclub March, 2010 Page 1 - 59

18. Cold storage or refrigerating plants 19. Community facilities 20. Compounding of cosmetics, drugs, and toiletries 21. Confectionery manufacturing 22. Dairy and other food products, sauerkraut, vinegar, yeast and rendering or refining of fats and oils 23. Display and salesroom 24. Dressmaker 25. Dry cleaner 26. Educational or philanthropic institution 27. Electrical parts, assembly and manufacturing 28. Exterminating and fumigating shop 29. Farm implements (sale or repair) 30. Fiber products manufacturing (previously prepared fiber) 31. Financial institution 32. Furniture repair, cleaning, or refinishing store 33. Garment manufacturing 34. Contractor’s office and storage 35. Glass products manufacturing 36. Golf driving range 37. Grain elevator 38. Health club, gymnasium, or spa 39. Hotel/ motel 40. Laboratory research testing 41. Landscape contractor’s storage yard 42. Laundry (commercial) 43. Leather products manufacturing (previously prepared leather) 44. Lumberyard 45. Mail-order store 46. Manufactured home sales, service 47. Mini-warehouse 48. Motorcycle sales, service 49. Paint mixing and treatment (not employing a boiling process) C.

50. Paper product manufacturing (previously prepared material) 51. Parking lot 52. Pharmaceutical manufacturing 53. Plastic products manufacturing (previously prepared material) 54. Plumbing supplies and fixtures, sales and service (retail) 55. Post office 56. Printer (commercial) 57. Product assembly 58. Public building 59. Radio and TV station or studio 60. Recreational vehicle sales, storage, or service 61. Recycling center 62. Rental of equipment or supplies 63. Restaurant, with or without drive-thru 64. Service and repair establishment 65. Shoe repair 66. Shooting gallery (indoor) 67. Sign shop 68. Skating rink (indoor and outdoor) 69. Soft drink manufacturing or bottling 70. Storage (mini, self-serve) 71. Taxidermist 72. Television and radio broadcasting transmitters 73. Textile products manufacturing 74. Tire re-treading, recapping or rebuilding 75. Toy manufacturing 76. Trade or business school 77. Transit station 78. Truck terminals, truck and trailer services 79. Warehouse sales (retail) 80. Warehouse or storage building 81. Welding shop 82. Well drilling business 83. Wholesale services 84. Wood products manufacturing (assembling work and finishing)

Conditional uses The following uses are permitted by right, subject to the additional conditions listed herein, and provided such conditional uses shall comply with the height, area, and parking regulations for

City of Galesburg Development Ordinance Article 1 - General Provisions

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similar uses. All proposed conditional uses shall be reviewed by the Director of Community Development to ensure compliance with the development standards listed herein.

1.

2.

D.

Open storage of building material, lumber, coal, machinery and pipe when the material is enclosed within a solid fence at least six (6) feet high.

Tool manufacturing with no drop hammer or punch presses of over twenty (20) tons

Special uses The following uses require a Special Use Permit: 1.

2.

3.

4.

Adult entertainment establishment, subject to the provisions outlined in Section 1-7.6 Asphalt, concrete, or ready-mix plant Kennel, animal shelter or obedience school Religious institution/church

E.

Height limits No building or structure shall be erected or structurally altered to exceed forty-five (45) feet.

Height limits may be exceeded in accordance with the provisions outlined in Section 1-3.1.

F.

Minimum yards Every building hereafter erected or enlarged shall provide and maintain: 1.

2.

3.

4.

G.

Minimum lot areas and widths 1.

2.

SEC.1-5.15 A.

Front yard may be zero (0) feet or at least five (5) feet.

Side yard may be zero (0) feet or at least five (5) feet.

Rear yard may be zero (0) feet or at least five (5) feet.

Minimum yards may be exceeded in accordance with the provisions outlined in Section 1-3.2.

No minimum lot area.

No minimum lot width.

M2 – HEAVY INDUSTRIAL DISTRICT

Purpose The M2 District provides for the development of heavy industrial uses that produce significant off-site impacts, have large areas for storage of raw materials or heavy equipment, or handle large quantities of hazardous materials. The M2 District is the most intense district with regards to the types of operations allowed. This district should not be located adjacent to residential uses. There should be a transition zone between the M2 District and residential uses. Separation from low-intensity business districts is advisable. The M2 District area can be served by a local street system, although the street system should access to a major arterial or truck route. Traffic from the industrial area through residential areas is prohibited.

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B.

Permissive uses In the M2 heavy industrial district a building or premises may be used for any use, other than those listed as special uses herein and those not in conflict with any ordinance of the City regulating nuisances or laws of the state; provided, however, that no building shall be erected, converted, reconstructed or structurally altered for church, library, school, hospital, or residential purposes, except for resident watchmen and caretakers employed on the premises and except for farms.

C.

Conditional uses None.

D.

Special uses No building or occupancy permit shall be issued for any of the following Special uses or the manufacturing, compounding, processing, packaging or treatment of the following products until and unless the location of such use shall have been approved by the Planning and Zoning Commission, as provided in Section 1-2.4 of this chapter: 1.

Chemicals, petroleum, coal and allied products. a. Acetylene b. Acids and derivatives c. Ammonia d. Carbide e. Caustic soda f. Cellulose and cellulose storage g. Chlorine h. Coke oven products (including fuel gas) and coke oven products' storage i. Creosote j. Distillation, manufacture or refining of coal, tar, asphalt, wood and bones k. Explosives (including ammunition and fireworks) and explosives' storage l. Fertilizer (organic) m. Fish oils and meal n. Glue, gelatin (animal) o. Hydrogen and oxygen p. Nitrates (manufactured and natural) of an explosive nature, and storage q. Nitrating of cotton or other materials r. Petroleum, gasoline and lubricating oil refining, and wholesale storage s. Plastic materials and synthetic resins t. Potash u. Pyroxyline v. Rendering and storage of dead animals, offal, garbage and/or waste products w. Turpentine and resin x. Wells, gas and oil 2.

Clay, stone and glass products. a. Brick, firebrick, refractories and clay products (coal fired) b. Cement, lime, gypsum or plaster of Paris c. Minerals and earths; quarrying, extracting, grinding, crushing and processing

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3.

Food and beverage. a. Fat rendering b. Fish curing, packing and storage c. Slaughtering of animals d. Starch manufacture

4.

Landscape waste composting facilities.

5.

Metals and metal products. a. Aluminum powder and paint manufacture b. Blast furnace, cupolas c. Metal and metal ores, reduction, refining, smelting and alloying d. Scrap metal reduction or smelting e. Scrap metal processing; provided, however, that it shall be enclosed by a solid wall or fence, built in a workmanlike manner of materials suitable for the construction of a wall or fence intended to be a permanent structure, which wall or fence shall be at least six (6) feet high, and provided further that material shall not be piled higher than such wall or fence. f. Steel works and rolling mill (ferrous)

6.

Wood and paper products. a. Match manufacture b. Wood pulp and fiber, reduction and processing

7.

Unclassified industries and uses. a. Hair, hides and raw fur, curing, tanning, dressing, dyeing and storage b. Junkyards, used building material yards and auto wrecking yards; provided, however, that all such uses shall be enclosed by a solid wall or fence, built in a workmanlike manner of materials suitable for the construction of a wall or fence intended to be a permanent structure, which wall or fence shall be at least six (6) feet high, and provided further that material shall not be piled higher than such wall or fence. c. Racetrack d. Stockyard e. Mining and resource extraction of sand, gravel and other raw material.

E.

Height limits No building or structure shall be erected or structurally altered to exceed one- hundred (100) feet, provided that where the lot is adjacent to a lot line in an R district, the building shall be set back from such lot line one (1) foot for each seven (7) feet of building height. Height limits may be exceeded in accordance with the provisions outlined in Section 1-3.1.

F.

Minimum yards Every building hereafter erected or enlarged shall provide and maintain: 1.

Front yard may be zero (0) feet or at least five (5) feet.

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2.

3.

4.

G.

Side yard may be zero (0) feet or at least five (5) feet.

Rear yard may be zero (0) feet or at least five (5) feet.

Minimum yards may be exceeded in accordance with the provisions outlined in Section 1-3.2.

Minimum lot areas and widths.

1.

2.

SEC. 1-5.16

No minimum lot area.

No minimum lot width.

CPD – COMPREHENSIVE PLANNED DEVELOPMENT DISTRICT

A.

Purpose The purpose of a comprehensive planned development is to permit diversification in the type and location of structures in accordance with sound planning concepts and to better serve the public interest by introducing flexibility into zoning regulations. This section applies to the comprehensive planned development district. In the comprehensive planned development district the uses set out in subsection (D) of this section are permitted after approval. A comprehensive planned development district shall mean a development of one (1) or more tracts of land involving a combination of land uses and containing at least twenty (20) acres of land. Comprehensive planned developments are of such substantially different character that specific and additional standards and exceptions are hereby setout.

B.

General procedure 1.

Each comprehensive planned development district shall be developed pursuant to a general plan of site development for such comprehensive planned development district (hereinafter called "the plan"). The plan shall be designed so that the comprehensive planned development district to be developed pursuant thereto shall afford space for appropriate commercial, residential and/or community facilities.

2.

The procedure for establishing an area as a comprehensive planned development district shall be the same as for the establishment of zoning districts under this chapter; that is, by amendment to this DO.

3.

The applicant proposing the comprehensive planned development district shall submit to the City fifteen (15) copies of the plan when the application for the district amendment is made. The plan shall be prepared by an architect, or an engineer, duly registered to practice in Illinois, or a municipal planner, landscape architect or other who is qualified in the opinion of the City.

4.

At the time of plan submittal, the applicant proposing the comprehensive planned development must pay applicable fees (see Fee and Fine Schedule).

5.

A notice that the plan is on file at the City Clerk’s office shall be recorded with the county recorder regardless of whether a subdivision is proposed and such plan shall

City of Galesburg Development Ordinance Article 1 - General Provisions

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show building lines, common land, streets, easements and other applicable features.

The plan may be modified or revised at any time prior to final action by the City Council adopting such amendment establishing the area as a comprehensive planned development district, and no additional public hearing on the application for such amendment shall be required even though such revisions or modifications are made after the initial public hearing unless the City Council directs that an additional public hearing be held.

6.

The comprehensive planned development districts may be developed in stages. When the development is by stages, the plan of stage one shall be prepared along with a preliminary plan of the balance of the total district designating the type of use in each area, such as commercial, residential and community facilities. Before any subsequent stage is developed, the plan of that stage shall be prepared and submitted to the City. A public hearing shall be held by the Planning and Zoning Commission and its recommendations, along with the plan, shall be submitted to the City Council.

7.

A specific site plan is required for each lot with a comprehensive planned development per the requirements of Division 8. Application for site plan review within a CPD shall not be processed until the General Plan for site development for the CPD is approved by the City Council.

C.

Annexation agreement In lieu of the procedures provided in subsection (B) upon the filing of an annexation petition, the City may approve an area for a comprehensive planned development district based upon a general plan of development, generally locating the areas to be developed for specified uses with such restrictions and modifications provided for in an annexation agreement as the City deems necessary in order to better serve the public interest. The approval of an area for a comprehensive planned development district shall be binding upon the City and the applicant; provided, however, that prior to the issuance of any building permits, all codes or ordinances of the City then in effect or as modified by the terms of such annexation agreement shall be complied with.

D.

Permissive uses Permissive uses of land or buildings, as hereinafter listed, shall be permitted in the comprehensive planned development district as approved under the site plan process. No building or land within the comprehensive planned development district shall be devoted to any use other than uses permitted hereunder and such special uses as may be authorized by the Planning and Zoning Commission under the provisions of Sec. 1-2.4. The following uses are permitted in the comprehensive planned development district: Commercial 1. Animal hospital/veterinary clinic for the care and treatment of domestic pets and animals only when kennels are located entirely within the building and are sound proofed.

City of Galesburg Development Ordinance Article 1 - General Provisions

2.

3.

4.

5.

6.

7.

8.

Animal shelter or obedience school Antique shop Archery range (indoor) Archery range (outdoor) Art and school supply store Art gallery or studio Assembly/banquet hall/meeting hall March, 2010 Page 1 - 65

9. Assembly of vinyl windows and doors 10. Auction house 11. Automobile repair shop 12. Automobile, tire, battery and accessory store (freestanding or attached) 13. Bait shop 14. Bakery (retail) 15. Barber shop 16. Beauty shop 17. Bed and breakfast 18. Bicycle sales and service 19. Boat sales, rentals, storage, or service 20. Bookstore 21. Butcher, fish market (retail) 22. Camera and photographic supply store 23. Candy and ice cream store 24. Car wash 25. Carpet and rug store 26. Catering service 27. Child care center, pre-kindergarten, kindergarten, play, special and other schools 28. China and glassware store 29. Clinic 30. Clothing store 31. Cocktail lounge, bar, tavern or nightclub 32. Coffee, cafĂŠ, teahouse 33. Copy Shop 34. Craft and hobby shop 35. Crematory 36. Day care home 37. Department store 38. Display and salesroom 39. Dressmaker 40. Electrical, electronic, and/or appliance stores 41. Filling/service station or quick lube establishment 42. Financial institution 43. Flower and plant shop 44. Funeral home or mortuary 45. Furniture store City of Galesburg Development Ordinance Article 1 - General Provisions

46.

47.

48.

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50.

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60.

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84.

Furrier shop Garden supply store Gift shop Golf driving range Greenhouse Grocery store Hardware store Health club, gymnasium, or spa Health food store Hotel/ motel Interior decorating shop Jewelry store Laboratory research testing Laundromat Leather and luggage stores Leather product assembly Liquor store Locksmith Mail-order store Manufactured home sales, service Metal product assembly (small premolded parts only) Motorcycle sales, service Musical instrument sales and service Nursery/Garden center (retail) Office equipment and supplies, sales/service Packaging products and service Paint and wallpaper store Parking lot Pawn shop Personal service shop Pet shop (no outside runs) Pharmacy/ drug store Photography studio Picture frame sales and service Plastic products assembly (small premolded parts only) Plumbing supplies and fixtures, sales and service (retail) Radio or television broadcasting station or studio (no towers) Recreational vehicles sales, storage, or service Rental of equipment and supplies

March, 2010 Page 1 - 66

85. Restaurant, with or without drive thru 86. Shoe repair 87. Shoe store 88. Sign shop 89. Sporting goods store 90. Stationery store 91. Storage (mini-self service) 92. Studio for the instruction of photography, music, drama, or dance 93. Tailor 94. Theater (not including drive-in theaters) 95. Toy store 96. Trade or business school 97. Travel bureau or agency 98. Warehouse and storage building 99. Wood products manufacturing (cutting, assembling and finishing work using dimensional wood only) Residential 1. Community residence (group) – see Sec. 1-7.5 for conditions.

2. Multi-family dwellings 3. Nursing home/assisted living center/supportive living facility 4. Single-family dwelling (attached) 5. Single-family dwelling (detached) 6. Two-family dwelling/duplex

E.

Community Facilities 1. Ambulance service 2. Boat launching ramp/marina 3. Civic theater 4. Club or lodge (private) 5. Commercial recreational use 6. Community facilities 7. Educational or philanthropic institution 8. Golf course 9. Hospital/trauma center (and accessory heliport) 10. Library 11. Museum 12. Park and playground 13. Post office 14. Privately or commercially operated lake or swimming pool 15. Public building 16. Religious institution/church 17. Skating rink (indoor or outdoor) 18. Swimming pools and related building 19. Tennis court 20. Transit station Office 1.

2.

3.

4.

Dental office Loan office Medical office Professional office

Standards for comprehensive planned development districts All comprehensive planned development districts shall comply with the following: 1.

Residential uses The number of dwelling units permitted shall be determined by dividing the net development area by the number of dwelling units permitted per acre according to the following schedule: Maximum dwelling units per acre Single-family dwellings . . . . . . 5 Two-family dwellings . . . . . . . 10 Multiple-family dwellings . . . . 17

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2.

Minimum parking requirements Minimum parking requirements for comprehensive planned development district uses shall comply with Section 2-1 of the DO.

3.

Building height The maximum height of buildings and structures in comprehensive planned development districts shall be as follows: Maximum building height in feet One- and two-family dwellings . . . . . . . . 35 Multiple-family dwellings . . . . . . . . . . . . 50 Commercial buildings and structures . . . 100

4.

Streets Private or public streets and driveways on the site of the proposed development shall be adequate to serve the development and meet the approval of the City Engineer.

5.

Minimum yards a.

b.

F.

Minimum yards along the perimeter of the comprehensive planned development district shall be not less than thirty (30) feet; provided, however, buildings of more than thirty-five (35) feet in height shall provide a perimeter yard setback of not less than equal to the height of such buildings but not be required to exceed fifty (50) feet.

"Perimeter" is defined as the outside boundary of land within the comprehensive planned development district contiguous to land developed or to be developed other than in accordance with the provision of this division.

Maps, plans, etc As a part of the presentation before the Planning and Zoning Commission and City Council, the applicant shall submit the following: The plan of the comprehensive planned development shall contain on its face or in an accompanying addendum the following information in addition to that included in other parts of this article: 1.

2.

3.

4.

5.

6.

7.

8.

9.

Total number of dwelling units.

General location and the type of all permissive uses in residential and community facility areas, and the general location of all commercial areas and public and private rights-of-way.

Minimum distances between buildings.

Maximum height of the various type buildings.

Number of parking spaces to be provided.

Delineation of all lots to be subdivided, if any.

Maximum ground area coverage of structures.

Engineering data.

Survey and legal description of that portion of the comprehensive planned development district, which survey shall show that portion of the comprehensive planned development district falling within the plan.

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10.

Evidence of ownership or control.

G.

Issuance of permits Upon approval of the plan by ordinance of the City, the Building Inspector shall therewith be directed to issue building permits, after appropriate building plan review, for all or portions of the comprehensive planned development district provided the applicant shall be in compliance with the approved plan and the conditions of this section.

H.

Transfers of land Nothing herein contained shall be construed to restrict or limit the right to sell or convey all or portions of the land included within the comprehensive planned development district, whether improved or unimproved, including but not limited to each and every use permitted in a comprehensive planned development district, including the sale of condominiums or cooperative units with common walls, provided that a buyer or grantee and the City shall be bound by the provisions of this chapter.

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Figure 1.14 ZONING REGULATIONS SUMMARY (RESIDENTIAL) Symbol

District

Min. Lot Area (Sq. Ft.)

Min. Lot Area per Dwelling Unit (Sq. Ft.)

Min. Lot Width

Min. Front Yard

Min. Side Yard

Min. Rear Yard

Max. Building Height

AG

Agriculture

10 acres

SF: 10 acres

500'

75'

50'

50'

35'

ER

Estate Residential

43,5601 20,0002 18,0003

SF: 18,000

150' 100' 80'

30'

10'

30'

35'

R-1A

Single-Family

9,000

SF: 9,000 2F: 4,500

70'

30'

10'

30'

35'

R-1B

Single-Family

7,500

SF: 7,500 2F: 3,750

60'

25'

5'

25'

35'

R-1C

Single-Family Attached

6,000

SFA: 6,000 SFD: 3,000

50'

30'

10'

30'

35'

R-2

Two-Family

7,500

SF: 7,500 2F: 3,750

60'

25'

5'

25'

35'

R-3A

Multi-Family

6,000

SF: 6,000 2F: 3,000 MF: 2,000

50'

20'

5'

25'

45'

R-3B

Multi-Family

6,000

SF: 6,000 2F: 3,000 MF: 1,500

50'

20'

5'

25'

45'

1

No public water or sewer Public water, no public sewer 3 Public water and sewer available 4 **Indicates no dwelling units permitted in districts 5 When adjacent to R District: setback 1 foot for each 7 feet of building height.

6 If a yard is provided where it is not required, it must be at least 5 feet.

7 When adjacent to R district: setback 1 foot for each 7 feet of building height in addition to required setback.

8 As determined at time of conditional use review 9 Except for single-family dwellings which have a minimum lot width of 60’ 2

City of Galesburg Development Ordinance Article 1 - General Provisions

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Figure 1.14 (continued) ZONING REGULATIONS SUMMARY (NON-RESIDENTIAL) Symbol

District

Min. Lot Area (Sq. Ft.)

Min. Lot Area per Dwelling Unit (Sq. Ft.)

Min. Lot Width

Min. Front Yard

Min. Side Yard

Min. Rear Yard

Max. Building Height

I

Institutional

7,500

**8

50’

20’

10’

20’

72'7

O

Office

6,000

**4

50’

25’

5’

25’

35’

B-1

Neighborhood Business

none

7,500

none9

20’

See footnote 6

20’

35’

B-2

General Business

none

7,500

none9

See footnote 6

See footnote 6

See footnote 6

45'5

B-3

Central Business

none

MF: 1,500

none

See footnote 6

See footnote 6

See footnote 6

100'5

M-1

Light Industrial

None

**4

none

See footnote 6

See footnote 6

See footnote 6

45'

M-2

Heavy Industrial

None

**4

none

See footnote 6

See footnote 6

See footnote 6

100'5

CPD

Comprehensive Planned Development

See CPD ordinance for permitted uses, regulations and procedures

1

No public water or sewer Public water, no public sewer 3 Public water and sewer available 4 **Indicates no dwelling units permitted in districts 5 When adjacent to R District: setback 1 foot for each 7 feet of building height.

6 If a yard is provided where it is not required, it must be at least 5 feet.

7 When adjacent to R district: setback 1 foot for each 7 feet of building height in addition to required setback.

8 As determined at time of conditional use review 9 Except for single-family dwellings which have a minimum lot width of 60’ 2

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DIVISION 6 - WIRELESS COMMUNICATION FACILITY TELECOMMUNICATIONS OVERLAY DISTRICTS

SEC. 1-6.1

PURPOSE

A.

The City desires to encourage the orderly development of wireless communication technologies for the benefit of the City and its citizens.

B.

As a matter of public policy the City aims to encourage the delivery of new wireless technologies throughout the City while controlling the proliferation of communication towers.

Such development activities will promote and protect the health, safety, prosperity and general welfare of persons living in the City.

C.

Specifically, this "wireless communication facility telecommunications overlay districts� requirement is designed to achieve the following: 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

Provide a range of locations for wireless communication facilities in various zoning districts.

Encourage the location of wireless communication facilities onto existing structures to reduce the number of new communication towers needed within the City.

Encourage collocation and site sharing of new and existing wireless communication facilities.

Control the type of tower facility constructed, when towers are permitted.

Establish adequate development and design criteria to enhance the ability of providers of telecommunications services to provide service to the community quickly, effectively, and efficiently.

Protect residential, historic preservation areas, and scenic corridors from the uncontrolled development of wireless communications facilities by requiring reasonable siting conditions.

Promote the use of suitable sites (public and private) for the location of wireless antennas, towers, and/or wireless communication facilities.

Insure the harmonious, orderly and efficient growth and development of the City.

Stabilize the economy of the City through the continued use of the City's suitable public resources.

Provide overlay districts in which the zoning regulations permit the development of wireless communication facilities which are consistent with the requirements of the Telecommunications Act of 1996 and in the best interest of the future of the City.

Provide clear performance standards addressing the siting of wireless communication facilities.

Streamline and expedite the permitting procedures to effect compliance with the Federal Telecommunications Act of 1996.

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SEC. 1-6.2

USES NOT COVERED IN THIS DIVISION

Nothing in this division shall reduce any of the permitted uses of any zoned property within the City.

Nothing in this division shall affect the right of a property owner to use or develop their property consistent with existing zoning regulations. Nothing in this division shall affect the right of a property owner to continue any legal nonconforming use.

SEC. 1-6.3 A.

DESIGNATION AND APPLICABILITY

The City shall be divided into two (2) wireless communication facility overlay districts. Said districts shall include all lands situated within the City.

1.

Wireless communication facility overlay district 1 shall include only those areas described in Figure 1.15 hereto and any areas subsequently added thereto less any areas subsequently deleted therefrom. Attached wireless communication facilities with support structure shall be permitted as provided herein in wireless communication facility overlay district 1.

2.

Wireless communication facility overlay district 2 shall consist of all lands not included in wireless communication facility overlay district 1 which are located within the City.

Attached wireless communication facilities shall be permitted as set out herein in wireless communication facility overlay district 2.

B.

Permit required No person, firm or corporation shall install or construct any wireless communication facility unless and until a tower use permit (TUP) has been issued pursuant to the requirements of this article.

C.

Preexisting wireless communications facility Wireless communications facilities constructed prior to July 19, 1999 of the original ordinance shall be considered a nonconforming use and shall not be required to meet the requirements of this article unless expanded or modified.

D.

Amateur radio exclusion This division shall not govern the installation of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. Such installations shall comply with any other applicable provisions of the DO, including Section 1-3.1 A) 4) regarding height of towers.

E.

Relationship to other ordinances This division shall supersede all conflicting requirements of other articles regarding the locating and permitting of wireless communication facilities.

F.

Airport zoning Any wireless communication facility located or proposed to be located in airport areas governed by the Federal Aviation Administration shall also comply with the provisions of all applicable

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local, state and federal airport regulations. Proof of approval or compliance with FAA standards must be provided.

G.

Building codes Construction of all wireless communication facilities shall comply with the requirements of the City building codes and permitting process in addition to the requirements of this division.

H.

Accessory communications facilities A wireless communication facility in a nonresidential zoning district which is an accessory to a principal use of a parcel (even though both are not owned by the same owner), and does not exceed seventy (70) feet in height, shall be permitted by administrative review.

SEC. 1-6.4

ALLOWABLE USES/DEVELOPMENT CRITERIA

Allowable uses, subject to the limitations within each overlay district, will include the uses allowed in underlying zoning district plus wireless communication facilities in compliance with the following development criteria: A.

B.

Height standards The following height standards shall apply to all wireless communications facility installations: 1.

Attached wireless communication facilities shall not add more than twenty (20) feet to the height of the existing building or structure to which it is attached (attachment structure). However, attachment devices to existing communication towers shall not increase the height of tower above the maximum permitted height of that tower.

2.

Wireless communication facilities with support structures shall have a maximum height as set out in Figure 1.15 and shall not exceed heights allowed by FCC or FAA in wireless communication facility overlay district 2.

Setback standards The following setback standards shall apply to all wireless communication facility installations.

1.

Attached wireless communications facilities shall meet the setback provisions of the zoning district in which they are located. However, an attached wireless communication facility antenna array may extend up to thirty (30) inches horizontally beyond the edge of the attachment structure so long as the antenna array does not encroach upon an adjoining parcel.

2.

Wireless communications facilities with support structure shall meet the setback requirements for principal structures of the underlying zoning district in which they are located. The required distance shall be measured from the property line on which the wireless communication facility is located to the base of the support structure and equipment shelter or cabinet where applicable, or, in the case of guy wire supports, the guy wires.

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C.

D.

Landscaping The following landscaping requirements shall apply to all wireless communications facility installations.

1.

New construction. New wireless communications facilities with support structures and attached wireless communication facilities with new building construction shall be landscaped in accordance with the applicable provisions of the landscape ordinance (Sec. 2-2) that may now or hereafter be adopted.

2.

Land form preservation. Existing mature tree growth and natural land form on the site shall be preserved to the extent feasible; provided however, that vegetation that causes interference with the antennas or inhibits access to the equipment facility may be trimmed or removed.

3.

Existing vegetation. Existing vegetation on a wireless communication facility site may be used in lieu of required landscaping where approved by the Director of Community Development.

Lighting and signage The following lighting and signage requirements shall apply to all wireless communications facility installations.

1.

Artificial illumination. Wireless communications facilities shall not be artificially illuminated, directly or indirectly, except for: a. Security and safety lighting of equipment buildings if such lighting is appropriately down shielded to keep light within the boundaries of the site; and b. Such illumination of the wireless communications facility as may be required by the FAA or other applicable authority installed in a manner to minimize impacts on adjacent residences. c. Unless otherwise required by the FAA or other applicable authority, the required light for the support structure shall be red and shielded upward.

2.

Signage. Wireless communications facilities shall not display any signage, logos, decals, symbols or any messages of a commercial or noncommercial nature, except for a small message containing provider identification and emergency telephone numbers and such other information as may be required by local, state or federal regulations governing wireless communications facilities.

E.

Fencing Wireless communications facilities with support structures shall be enclosed by a solid fence, with finished side out, (excluding slatted chain link) not less that six (6) feet in height. Security features may be incorporated into the buffer and landscaping requirements for the site. Nothing herein shall prevent fencing that is necessary to meet requirements of state or federal agencies.

F.

Radio frequency emissions/sound The following radio frequency emissions standards shall apply to all wireless communications

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facility installations: 1.

Radio frequency impact. The FTA gives the FCC jurisdiction of the regulation of radio frequency (RF) emissions, and wireless communications facilities that do not exceed the FCC standards shall not be conditioned or denied on the basis of RF impact.

2.

FCC compliance. In order to provide information to its citizens, copies of ongoing FCC information concerning wireless communications facilities and RF emissions standards may be requested. Applicants for wireless communications facilities shall be required to provide information with the application on the measurement of the effective radiated power of the facility and how this meets the FCC standards.

3.

Sound prohibited. No unusual sound emissions such as alarms, bells, buzzers or the like are permitted.

G.

Structural integrity Wireless communications facilities with support structures shall be constructed to the Electronics Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F standard entitled "structural standards for steel antennas towers and antenna support structures" (or equivalent), as it may be updated and amended. Each support structure shall be capable of supporting multiple antenna arrays.

H.

Collocation agreement All applicants for wireless communications facilities are required to submit a statement with the application agreeing to allow and reasonably market collocation opportunities to other wireless communications facility users. The statement shall include the applicant's policy regarding collocation of other providers and the methodology to be used by the applicant in determining reasonable rates to be charged other providers. The collocation agreement shall be considered a condition of issuance of a TUP (tower use permit). A TUP shall not be issued unless the applicant complies with the collocation policy outlined in Section 1-6.7 of this article.

I.

Interference The proposed facility shall not cause interference with existing radio, television, or direct broadcast satellite (DBS) reception or services.

SEC. 1-6.5

REVIEW PROCESS

A.

The applicable development criteria referred to herein are those set forth in Section1-6.4 of this division.

B.

Permitting procedures 1.

Attached wireless communications facilities with or without new building construction that meet the development criteria may be permitted by administrative review in all zoning districts except as hereinafter specified. All monopole type (or other tower types, if any, specified on Figure 1.15) wireless communications facilities with support

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structures that meet the development criteria and that are located on properties in wireless communication facility overlay district 1 (listed in Figure 1.15) may be permitted by administrative review except as hereinafter specified. All others, regardless of type or location, shall be subject to the Planning and Zoning Commission hearing process and may not be approved by the administrative review process.

2.

Any wireless communications facility (attached or with a support structure), regardless of type, to be located within a national historic district or local historic district or other designated overlay district will be subject to review by the appropriate district commission and the Planning and Zoning Commission. Review by a district commission shall be in accordance with that district ordinance administrative procedure for a certificate of appropriateness. All wireless communications facility applications that do not conform to the development criteria or are otherwise not eligible for administrative review shall be subject to the Planning and Zoning Commission review process.

C.

Wireless communications facilities as a part of a coordinated development approval.

Wireless communications facilities as part of a proposed residential or nonresidential subdivision, planned unit development, site plan, rezoning, or other coordinated development approval shall be reviewed and approved through those processes.

D.

Wireless communications facilities for temporary term.

Temporary wireless communications facilities may be permitted by administrative approval for a term not to exceed ninety (90) days. Once granted, a temporary wireless communications facility permit may be extended for an additional ninety (90) days upon evidence of need by the applicant. In case of emergency (e.g., storm damage to an existing tower or other circumstances resulting in the interruption of existing service) the administrative review shall be expedited to the extent feasible.

SEC. 1-6.6 A.

APPROVAL PROCESS

Application submission.

All persons requesting a tower use permit (TUP), regardless of wireless communication facility type shall submit an application in accordance with the requirements of this section.

1.

Application contents. Each applicant requesting a TUP under this article shall submit a sealed complete set of drawings prepared by a licensed architect or structural engineer that will include a site plan, elevation view and other supporting drawings, calculations and other documentation showing the location and dimensions of the wireless communications facility and all improvements associated therewith, including information concerning specifications, antenna locations, equipment facility and shelters, landscaping, parking, access, fencing and, if relevant as determined by staff, topography, adjacent uses and existing vegetation. Applicants proposing to collocate on an existing wireless communication facility shall include a radio frequency intermodulation study with their application.

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B.

2.

Submission requirements. Application for a TUP shall be submitted to the Director of Community Development on forms prescribed by the City. The application shall be accompanied by a site plan containing the information described above and a copy of the appropriate FCC license. If Planning and Zoning Commission or district commission review is required, the application and site plan shall be placed on the next available commission agenda in accordance with the agenda deadlines established by the commission.

3.

Application fees. A plan review fee and a radio frequency intermodulation study review fee (collocation applicants only) shall accompany each application (see Fee and Fine Schedule). These fees may be used by the City to engage an engineer(s) or other qualified consultant(s) to review the technical aspects of the application and radio frequency intermodulation study (if required).

4.

Technical assistance. In the course of its consideration of an application, the City, the Director of Community Development, the Planning and Zoning Commission or the City Council may deem it necessary, in complex situations, to employ an engineer(s) or other consultant(s) qualified in the design and installation of wireless communication facilities to assist the City in the technical aspects of the application. In such cases, any additional reasonable costs incurred by the City not to exceed fifteen hundred dollars ($1,500.00) for the technical review and recommendation shall be reimbursed by the applicant prior to the final hearing on the TUP.

Administrative review The following administrative review process shall apply to all wireless communications facility applications eligible for administrative review.

1.

Review authority. Review of wireless communication facilities under this division shall be conducted by the Director of Community Development or his or her designee upon filing a wireless communication facility application.

2.

Review criteria. Each application shall be reviewed for compliance with the development criteria specified in Section1-6.4.

3.

Timing of decision. The Director of Community Development shall render a decision on the wireless communication facility application by written response to the applicant within thirty (30) business days after receipt of the complete application, except that an extension may be agreed upon by the applicant. Any application that is not reviewed within thirty (30) business days shall be submitted to the Planning and Zoning Commission for review.

4.

Deferral. The Director of Community Development may defer administrative approval of wireless communication facilities for any reason. Deferral of administrative approval shall require submission to the Planning and Zoning Commission for review.

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C.

5.

Application denial.

If administrative approval is not obtained or is denied due to noncompliance with the development criteria, the applicant may appeal the denial by applying for Planning and Zoning Commission review.

6.

Application approval. If the TUP application is in compliance with the development criteria and otherwise meets the requirements of this section, the Director of Community Development shall issue a tower use permit.

Planning and Zoning Commission review The following shall apply to all tower use permit applications requiring submission to the Planning and Zoning Commission.

1.

Review authority. The Planning and Zoning Commission shall be the review authority for TUP applications not eligible for administrative review or otherwise referred to the commission.

2.

Notice. Notice of the application and the public hearing by the Planning and Zoning Commission shall be accomplished in the same manner as a rezoning request under the DO.

3.

Hearing. The Planning and Zoning Commission shall review and consider the TUP application at a public hearing. At the hearing, interested persons may appear and offer information in support or opposition to the proposed application. The Planning and Zoning Commission shall consider the following in reaching a decision. a. Development criteria. The tower use permit application shall be reviewed for compliance with the development criteria set forth in Section1-6.4; provided that the applicable development criteria may be amended or waived so long as the approval of the wireless communication facility meets the goals and purposes of the article. The Planning and Zoning Commission may recommend an alternative development criteria by specific inclusion in a motion for approval. b. Tower siting conditions. The Planning and Zoning Commission may impose conditions and restrictions on the application or on the premises benefited by the TUP as it deems necessary to reduce or minimize any adverse effects and to enhance the compatibility of the wireless communication facility with the surrounding property, in accordance with the purposes and intent of this article. The violation of any condition shall be grounds for revocation of the TUP. The Planning and Zoning Commission may recommend such conditions in addition to the development criteria upon the following findings: (1) The wireless communication facility would result in significant adverse visual impact on nearby residences.

(2) The conditions are based upon the purpose and goals of this article.

(3) The conditions are reasonable and capable of being accomplished.

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c.

Action. Following the public hearing and presentation of evidence, the Planning and Zoning Commission shall take one of the following actions: (1) (2) (3) (4)

4.

Findings. All decisions rendered by the Planning and Zoning Commission concerning a tower use permit shall be supported by written findings of fact and conclusions of law based upon substantial evidence of record.

5.

Timing of decision. The Planning and Zoning Commission shall render its decision within seventy five (75) days or less of the final submission of all required application documents and technical review, however, this time may be increased due to deferrals by either the applicant or the Planning and Zoning Commission.

6.

Appeals. The decision of the Planning and Zoning Commission may be appealed to the City Council under the following circumstances:

SEC. 1-6.7 A.

Approve the application as submitted.

Approve the application with conditions or modifications.

Defer the application for additional information or neighborhood input.

Deny the application in writing.

a.

An appeal shall be filed with the Community Development Department no later than thirty (30) days after the final action by the Planning and Zoning Commission. Only the applicant, those who registered an objection to the TUP in the record of the Planning and Zoning Commission, or a property owner who owns property within three hundred (300) feet of the lot described in the TUP, shall have standing to appeal.

b.

Only such evidence or testimony in support of or opposition to the issuance of the TUP which was provided to the Planning and Zoning Commission may be presented to the City Council unless the City Council, by majority vote, decides to hear new information.

c.

Notice of appeal shall be accomplished by filing a notice of appeal specifying the grounds thereof in the office of the Director of Community Development.

The Director of Community Development shall then transmit to the City Council all the papers constituting the record upon which the action appealed from was taken.

SHARED FACILITIES AND COLLOCATION POLICY

All new wireless communication facilities shall be engineered, designed and constructed to be capable of sharing the facility with other providers, to collocate with other existing wireless communication facilities and to accommodate the future collocation of other wireless communication facilities. A TUP shall not be issued until the applicant proposing a new wireless communications facility shall demonstrate that it has made a reasonable good faith

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attempt to locate its wireless communication facility onto an existing structure. Competitive conflict and financial burden are not deemed to be adequate reasons against collocation.

B.

All wireless communication facilities with support structure up to a height of one hundred fifty (150) feet shall be engineered and constructed to accommodate at least three (3) antenna array.

All wireless communication facilities with support structures up to a height of more than one hundred fifty (150) feet shall be engineered and constructed to accommodate at least four (4) antenna array.

SEC. 1-6.8

REMOVAL OF ABANDONED WIRELESS COMMUNICATION FACILITIES

Any wireless communication facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the City, at its election, may require the wireless communication facility owner to remove the wireless communication facility within ninety (90) days after notice from the City to remove the wireless communication facility. If the abandoned wireless communication facility is not removed within ninety (90) days, the City may remove it and recover its costs from the wireless communication facility owner. If there are two (2) or more users of a single wireless communication facility, this provision shall not become effective until all providers cease to use the wireless communication facility. If the owner of an abandoned wireless communication facility cannot be located or is no longer in business, the requirements of this section shall be the responsibility of the landowner on whose property the wireless communication facility is located.

SEC. 1-6.9

NONCONFORMING WIRELESS COMMUNICATION FACILITIES

Wireless communication facilities in existence on July 6, 2010 which do not comply with the requirements of this division (nonconforming wireless communications facility) are subject to the following provisions: A.

Expansion Nonconforming wireless communication facilities may continue in use for the purpose now used, but may not be expanded without complying with this division except as further provided in this section.

B.

Additions Nonconforming wireless communications facilities may add additional antennas (belonging to the same provider or other providers) subject to administrative review under this division.

C.

Repairs or reconstruction Nonconforming wireless communications facilities which become damaged due to any reason or cause, may be repaired and restored to its former use, location, and physical dimensions subject to the provisions of this division. Provided, however, that if the damage to the wireless communication facility exceeds fifty (50) percent of replacement cost, said wireless communication facility may only be reconstructed or repaired in compliance with this division.

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D.

Any wireless communications facility not in use for 180 consecutive days shall be deemed abandoned and all rights as a nonconforming use shall cease.

SEC. 1-6.10

REVOCATION OF TOWER USE PERMITS

Any tower use permit issued pursuant to this division may be revoked after a hearing as provided hereinafter. If the Director of Community Development finds that any permit holder has violated any provision of this division, or has failed to make good faith reasonable efforts to provide or seek collocation, the Director of Community Development shall notify the permit holder in writing that the TUP is revocable due to the permit holder's noncompliance with the conditions of the permit. The Director of Community Development may require the permit holder to correct the violation within a reasonable amount of time or the Director of Community Development may recommend to the City Council that the tower use permit be revoked. After the appropriate public hearing, the Mayor and City Council may revoke the tower use permit (TUP) upon such terms and conditions, if any, that the Mayor and City Council may determine. Prior to initiation of revocation proceedings, the Director of Community Development shall notify the permit holder, in writing, of the specific areas of noncompliance and specify the date by which such deficiencies must be corrected. The time for correction of deficiencies shall not exceed sixty (60) days. The permit holder shall provide the Director of Community Development with evidence that the required corrective action has been taken. Should the permit holder fail to correct any deficiencies in the time required, the Mayor and City Council shall convene a public hearing to consider revocation of the tower use permit. The hearing shall be conducted pursuant to notice by publication in a newspaper with general circulation in the City not less than ten (10) days prior to the hearing and by written notice to the permit holder. At any such hearing, the permit holder may be represented by an attorney and may cross-examine opposing witnesses. Other interested persons may comment. The Mayor and City Council may impose reasonable restrictions with respect to time and procedure. The proceedings shall be recorded; provided, however, that stenographic services, if desired, shall be provided by the requesting party at that party's expense.

SEC. 1-6.11

PENALTY

The fine or penalty for violating any provisions of this division shall, upon conviction in the court, not exceed one thousand dollars ($1,000.00) for any one (1) specified offense or violation further, that if a thing prohibited or rendered unlawful is, in its nature, continuous in respect to time, the fine or penalty for allowing the continuance thereof in violation of this division shall not exceed one thousand dollars ($1,000.00) for each day that it may be unlawfully continued.

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FIGURE 1.15 FIELD SITES AND RECOMMENDED WIRELESS COMMUNICATION FACILITIES Field Site Names Kiwanis Park

Recommended WCF Use 190' Monopole

Vacant Land (McClure St.) Vacant Land (South St.)

190' Monopole 190' Monopole

City Maintenance Complex Water Tower (4th St.) Vacant Land (Hwy 10)

190' Monopole Attachments only 250’ Self support

Water Tower (Seminary St.) Parking Lot F

Attachments Stealth Facility

Parking Lot B

Stealth Facility

Parking Lot A

Stealth Facility

Inbinder Park

190' Monopole

Fire/Police Department Training

190' Monopole

City of Galesburg Development Ordinance Article 1- General Provisions

Location/Description 2191 East Knox St., East of the intersection of Virginia and Adams NW of SF Railroad tracks (900 block West South Street) NW corner of West South and Harding West Main Street at South Henderson Street Between 4th Street and W. 3rd Street NE corner of South Henderson Street and Thirlwell Road Intersection of Brooks Street and Seminary Street Intersection of Cherry Street and Water Street On North Kellogg Street, between Water Street and Ferris Street On Ferris Street, between Prairie Street and Kellogg Street 1285 West Carl Sandburg Drive, west side of park, South of the 20’ storm sewer easement Hawthorne Center area 2233 Veterans Drive

March, 2010 Page 1-84

DIVISION 7 - SPECIFIC USES, DEVELOPMENTS, ETC. SEC. 1-7.1

INHABITED MANUFACTURED HOME LOCATION

All inhabited manufactured homes shall be located in the R-3B District or in a manufactured home park that has received a special use permit as required by Section 1-2.4. No manufactured home outside of an approved manufactured home park shall be connected to utilities except those manufactured homes being offered for sale by dealers or manufacturers and not inhabited. If an existing legal nonconforming manufactured home is located outside of the R-3B District or an approved manufactured home park and is removed from its foundation and not replaced with another manufactured home of the same or smaller dimensions within a twenty-four hour period, the owner shall remove the foundation and permanently disconnect the sewer, water and other utilities. If the owner fails to accomplish this work within forty-five (45) days from the date the manufactured home is removed from its foundation, the City may perform the work and place a lien against the property for the cost of the work.

Specific development standards addressing manufactured home parks located in the R-3A Multi-Family District are found in Sec. 1-5.7 D) 4).

SEC. 1-7.2

ACCESSORY BUILDINGS AND USES

A.

Accessory buildings and uses are permitted when in accordance with the provisions of this section.

B.

In the residential districts accessory structures shall not be constructed or occupied on any lot prior to the completion of the principal structure to which it is accessory. Accessory structures shall not be larger then the principal structure in height and shall not exceed 1,000 square feet in area. However, television and radio towers may exceed the principal structure height as noted in Section 1-3.1 A) 4). Accessory uses are limited to: 1.

Private garages/utility sheds.

2.

Parking for residents and guests.

3.

Solar energy devices.

4.

Television or radio tower antennas for residential use only

5.

Vegetable and flower gardens.

6.

Tennis courts, basketball courts, swimming pools, garden houses, pergolas, ornamental gates, barbecue ovens, fireplaces, and similar uses customarily accessory to residential uses.

7.

Sales offices in new subdivisions of twenty-five (25) lots or more, when placed in a home or accessory building, limited to the prime developer's use only, during

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construction but not to exceed thirty (30) months following the start of construction.

8.

Accessory buildings and operable motor vehicles. It shall be unlawful to allow the combined area of accessory buildings and outside storage of operable motor vehicles of the first division as defined in the Illinois Motor Vehicle Act, recreational vehicles, trailers and boats and boat trailers; owned by an occupant of the premises, to occupy more than thirty (30) percent of a rear yard or 1,000 square feet (whichever is less). The following requirements shall also be applicable: a.

A maximum of two (2) vehicles (as described above) shall be allowed to be stored on an unpaved surface in a rear yard, the area of which shall be included in the thirty (30) percent calculation. Any additional outside storage of vehicles must be on an approved driveway or parking space connected by said driveway.

b.

If an accessory building already covers thirty (30) percent of the rear yard, outside storage of one (1) vehicle, as defined above, shall be permitted as long as storage is in a rear yard on a driveway or parking space.

c.

Recreational vehicles, boats and boat trailers shall be operable and maintained in a clean, well-kept state that does not detract from the appearance of the surrounding area and shall not be used as habitable space, unless in an approved campground. Boats shall be stored on a boat trailer.

d.

Outside storage of semi-trucks and semi-trailers is prohibited.

e.

Off-street parking areas required in the Zoning Ordinance are not subject to this provision.

Fig 1.16 Outdoor Storage (Sec. 1-3.2(C3b)).

City of Galesburg Development Ordinance Article 1- General Provisions

Fig 1.17 Outdoor Storage (Sec. 1-3.2(C3b)).

March, 2010 Page 1-86

C.

In the R3A and R3B districts there may also be storage garages and parking lots for use solely of occupants of the premises.

D.

Accessory uses and structures in the M class districts must be approved during the site plan review process (as described in Division 8).

E.

Temporary buildings for construction purposes are permitted in any district as accessory buildings as regulated in Section 1-7.7 Temporary Uses during the time construction is in progress.

F.

Accessory buildings may not be used for dwelling purposes.

G.

Yard or garage sales shall be allowed as an accessory use in all residential districts, subject to the following provisions: 1.

2.

3.

4.

5.

6.

H.

Merchandise purchased for resale shall not be permitted to be sold at a garage sale or yard sale.

No more than three (3) sales shall be held from the same premises within any calendar year. In the case of a combined neighborhood sale, no more than three (3) such sales shall be held per premises within any calendar year.

Each sale shall not last more than three (3) days per sale.

Sales shall be conducted only during the period between sunrise and sunset.

All items being sold shall be placed on private property. No items for sale shall be located on the City right-of-way, including the street surface, terrace area and sidewalk.

Sale signs shall only be posted at the site of the sale in accordance with Section 3-3.14 B (5).

Home occupations shall be permitted as an accessory use in all R districts subject to the following: 1.

2.

3.

4.

5.

6.

The use must be carried on by a member of the immediate family, residing on the premises.

No display exhibited that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling.

Any activity involving on-site retail sales upon the premises is prohibited, except the sale of items made or prepared on the premises and/or items that are incidental to a permitted home occupation. For example, the sale of lesson books or sheet music from music teachers, art or craft supplies from arts or crafts instructors, beauty products from hair stylists, and similar incidental items. (No resale operation, sale of second hand goods or rental operations shall be permitted. Orders previously made by telephone or at a sales party may be filled on the premises.)

No person is employed other than a member of the immediate family residing on the premises.

No mechanical equipment is used except such as is customary for normal domestic household purposes.

The home occupation is wholly operated and contained within the dwelling or

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7.

8.

9.

10.

11.

12.

13.

I.

accessory structure.

No home occupation, storage of goods, merchandise, supplies, products, materials, equipment nor waste connected with a home occupation shall be allowed outdoors.

No more than one (1) commercial or business vehicle used in conjunction with the home occupation may be parked on the premises or on an adjacent street.

There shall be no noise, vibration, glare, heat, smoke, dust, electromagnetic or electrical interference, nor odor detectable beyond the confines of the subject property including transmittal through vertical or horizontal party walls.

Vehicular traffic associated with business visitors shall be limited to two (2) vehicles at any one time and sufficient parking shall be provided on the same lot as the residence for all business visitors. Driveways may be used in meeting this requirement.

Pedestrian or vehicular traffic generated by clients or customers of a home occupation shall be prohibited from visiting the premises between the hours of 10:00 p.m. and 6:00 a.m.

No deliveries to or from the home occupation shall be made between the hours of 10:00 p.m. and 6:00 a.m.

Signs are permitted per Article 3 of this DO.

Cargo Container Regulations 1.

General Provisions. Cargo Containers, as defined by Article 6 Division 1 shall be restricted as follows: a. Properties in Residential Districts. Excluding the provisions of Section 1-7.2 I (2), the placement of cargo containers on residentially zoned property (ER through R3B) shall be prohibited. b. Properties in Agricultural, Institutional, Business or Office Districts. The placement of cargo containers in Agricultural, Institutional, Business and Office Districts (AG, I, B1, B2, B3, O and CPD) shall be restricted to designated off-street loading facilities meeting the provisions enumerated in Section 2-1.5 Cargo containers may not occupy a required loading berth. Where cargo containers are to be placed, pavement marking or a change in pavement shall be provided to clearly indicate the extent of the off-street loading facility. In no instance shall cargo containers be placed in front of the front wall of a principal building. c. Properties in the Industrial Districts. The placement of cargo containers within the M1 and M2 Districts shall be restricted to: (1) (2)

2.

A concrete or asphalt surfaced area meeting the provisions established in Section 2-1.5 and within the buildable area of the lot; or Designated off-street loading facilities meeting the provisions enumerated in Section 2-1.5.

Sites under Construction. For properties in which there is an active building permit issued by the City for a multiple family or non-residential development, cargo containers may be placed on a property provided that they are setback at least ten (10) feet from all property lines. Cargo containers used for construction purposes must be immediately removed upon completion of the construction project.

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3.

J.

Cargo Container Amortization Schedule. Any cargo containers lawfully existing on July 6, 2010 which do not conform to the provisions of this DO; shall be removed or made to conform within six (6) months of the date of notification by the City that the cargo container no longer conforms with this DO.

Drive-Through Facilities Drive-through facilities shall be permitted as an accessory use in the B1, B2, I, O, CPD Districts subject to the following: 1. All drive-through facilities shall require a site plan approval by the Planning and Zoning Commission. Such approval may permit deviation from the listed standards for drivethrough facilities; 2. Drive-through facilities may be approved only as accessory uses to a permitted use or facility; 3. Speakers at drive-throughs shall not be audible from adjacent residential uses; 4. No drive-through aisles shall exit directly into a public right-of-way. integrated with the on-site circulation;

Aisles shall be

5. Drive-throughs shall be architecturally compatible with nearby structures; 6. Drive-through facilities with one location where transactions are made shall provide stacking areas designed to allow for at least six (6) stacking spaces. Drive-through facilities with two (2) locations where transactions are made shall provide stacking area designed to allow for at least five (5) stacking spaces for each location; 7. Drive-through facilities may only have two locations where transactions are made, excluding banks, which may have three locations unless otherwise determined by the Planning and Zoning Commission; 8. Stacking space shall be provided behind each location where the transactions are made without obstructing a public street or common drive aisle used by other businesses; 9. Stacking spaces shall measure ten (10) by twenty (20) feet.

SEC. 1-7.3 A.

SATELLITE DISH-TYPE ANTENNAS

Commercial and industrial locations The satellite dish-type antenna shall be permitted as an accessory use in the I, O, B1, B2, B3, M1, M2 and CPD Districts under the following conditions:

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B.

1.

No part of the satellite dish-type antenna shall be located within two (2) feet from a property line in the rear or side yards.

2.

Such antenna shall be located only on a roof or in rear or side yards unless such restriction precludes reception of an acceptable quality signal. In such case such antennas may be placed anywhere on the lot except within an easement of record.

Proof of inability to receive an acceptable quality signal shall be provided to the Community Development Department upon request.

3.

The highest part of the antenna shall not exceed the height limit of the zoning district in which it is located.

4.

When the commercial or industrial lot is located within the same frontage as residentially zoned lots, then the requirements for residential districts under subsection (B) shall apply.

Residential locations In the AG, ER, R-1A, R-1B, R-1C, R-2, R-3A and R-3B districts, satellite dish-type antennas shall be permitted as an accessory use in accordance with the following provisions: 1.

Any number of satellite dish-type antenna with a diameter of thirty-six (36) inches or less shall be permitted on a lot provided they are mounted on a building.

2.

Only one (1) satellite dish-type antenna over thirty-six (36) inches in diameter shall be permitted per lot which is installed as a freestanding unit.

3.

No satellite dish-type antenna shall be located so as to impair the vision of traffic.

4.

Such antennas shall be located only on a roof or in rear or side yards unless such restriction precludes reception of an acceptable quality signal. In such case such antennas may be placed anywhere on the lot except within an easement of record.

Proof of inability to receive an acceptable quality signal shall be provided to the Community Development Department upon request.

5.

The height of a free-standing satellite dish-type antenna shall not exceed fourteen (14) feet.

SEC. 1-7.4

HALFWAY HOUSE SPECIAL USE PERMITS

A.

Location Halfway houses shall be permitted in any B-1, B-2, or B-3, zoning districts, provided a special use permit is issued by the Planning and Zoning Commission.

B.

Special use permit procedure All requests for this special use permit shall follow the procedures outlined in Section 1-2.4 of this Ordinance. The request must be in writing and have attached to it sufficient documentation

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evidencing that the special use criteria listed below are or will be satisfied. A public hearing shall be scheduled before the Planning and Zoning Commission to hear comments from the public and to consider the special use request. The appropriate legal notice shall be published at least fifteen (15) days prior to the public hearing, and a sign shall be posted on the premises not less than ten (10) days before the public hearing.

C.

Special use criteria In reviewing the request for a halfway house special use permit, the Planning and Zoning Commission shall consider the criteria listed below. Each criterion must be satisfied before the Planning and Zoning Commission grant the special use permit.

1.

The request shall clearly state the purpose of the proposed facility (rehabilitation for alcoholism, drug abuse, etc.).

2.

A halfway house facility shall house no more than twelve (12) clients at any one (1) time.

3.

No proposed halfway house facility shall be established within one-half mile of any existing halfway house facility. This distance shall be measured in a direct line from the nearest property line of the land used for the existing halfway house to the nearest property line of the proposed halfway house.

4.

Each halfway house facility must have qualified adult supervision, on the premises, on a twenty-four-hour basis in sufficient numbers to provide proper supervision. The determination of sufficiency shall take into consideration the needs for supervision and care of the individual residents. Furthermore, the sponsor of the facility shall furnish a plan containing the number and qualifications of all personnel, including management and direct care personnel, having responsibility for any part of the service provided to the residents; specifically, the sponsor shall indicate the staffing ratio for the facility which shall specify the number of staff hours scheduled for the needed care and service of each resident. There shall be an ongoing planned in-service program embracing orientation, skill training and ongoing education carried out to enable all personnel to perform their duties effectively.

5.

The halfway house facility must provide established hours for clients, as approved under the special use permit.

6.

The sponsor of the facility must provide sufficient evidence to indicate that it possesses the expertise needed to properly operate a halfway house facility.

7.

At a minimum, the halfway house facility shall meet the licensing requirements of and be licensed by the appropriate department of the state which has jurisdiction. The special use permit may be granted contingent upon reception of the required license.

However, the facility shall not be occupied prior to the issuance of the appropriate state license.

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D.

8.

The halfway house facility shall meet the appropriate requirements of the City of Galesburg Building Codes. Inspections shall be performed by a team of inspectors. All violations found during the inspection shall be corrected prior to occupancy. A halfway house facility shall be considered in the same category as rooming, boarding and lodging houses, with respect to inspections. The special use permit may be granted contingent upon passage of the inspection.

9.

A "house council" shall be set up during the initial start-up period. The house council shall include representatives from both the sponsoring agency, the resident clients, and residents and/or property owners from the surrounding neighborhood. It shall meet at least quarterly for the purpose of reviewing the status of the halfway house facility and resolving any problems that concern the neighborhood. Additional meetings may be called if the need exists. The sponsoring agency shall supply a proposal for the establishment and operation of the house council. The special use permit shall include an approved plan for establishing and operating the house council.

10.

A minimum of one (1) off-street parking space shall be provided for every two (2) beds or fraction thereof in the facility. In addition, one (1) off-street parking space shall be provided for each full-time staff member on duty.

11.

Each halfway house facility shall provide appropriate policy and procedures which shall outline, and be followed in, the operation of the facility for properly and promptly obtaining, dispensing, administering and disposing of drugs and medications. Such procedures, at a minimum, shall require that all medications be kept in a locked cabinet and made available only according to the instruction of the physician.

12.

A change in the sponsorship of any halfway house or a change of any elements of the special use criteria shall constitute a new use, and the full special use permit procedure shall be required.

Recertification All facilities must be periodically recertified. During the first year, each facility must be recertified at a six-month and twelve-month interval. After the first year, the recertification process shall be yearly. The recertification process shall consist of: 1.

The sponsor of the halfway house filing a report, indicating whether or not the facility continues to satisfy the conditions of the original approval of the special use permit, including the established criteria.

2.

Reinspection to assure continued compliance with the City of Galesburg Building Code.

Any violations found during the reinspection process shall be promptly corrected.

3.

A public hearing for each recertification shall be scheduled before the Planning and Zoning Commission. The purpose of this hearing shall be to obtain comments from the public concerning the operation of the halfway house. The hearing shall be scheduled within one (1) month after the above-mentioned report is filed.

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E.

City review In the event a problem results during a program year which cannot be resolved through the house council, the Planning and Zoning Commission has the authority to schedule a public hearing to consider the issue. In the event the sponsoring agency fails to cooperate in attempting to resolve the problem, the Planning and Zoning Commission may recommend and the City Council may revoke the halfway house special use permit until such problem is resolved.

F.

Limitation This section shall not affect existing halfway houses unless they are enlarged, extended or there is a change in the sponsorship of any such existing halfway house or a change of any elements of the special use criteria.

SEC. 1-7.5 A.

Location: 1.

Family community residences shall be a permitted use in ER, R-1A, R-1B, R-1C, and R-2 Zoning Districts. To increase housing alternatives available to resident persons and fully integrate them into the community mainstream by allowing them to live in typical homes in typical neighborhoods, no such home shall be located within one-quarter (1/4) mile of an existing family care home, unless a variance is granted by the Planning and Zoning Commission for reduced separation upon a showing that such reduced separation will not promote the clustering of homes which could lead the resident persons to seclude themselves and not interact with community mainstream.

2.

Group community residences shall be a permitted use in R-3A, R-3B, B-1, B-2, B-3 and CPD Zoning Districts. To increase housing alternatives available to group community residences and fully integrate them into the community mainstream by allowing them to live in typical homes in typical neighborhoods, no such home shall be located within one-quarter (1/4) mile of an existing group care home, unless a variance is granted by the Planning and Zoning Commission for reduced separation upon a showing that such reduced separation will not promote the clustering of homes which could lead the resident persons to cloister themselves and not interact with community mainstream.

SEC. 1-7.6 A.

COMMUNITY RESIDENCES

ADULT ENTERTAINMENT ESTABLISHMENTS

Adult entertainment establishment location standards 1.

Requirements. Except for existing legal nonconforming uses governed pursuant to subsection (c) of this section, adult entertainment establishments located, established, maintained, or operated on any lot in the City shall also comply, in addition to complying with all other applicable regulations set forth in this Code, with the regulations set forth in paragraphs (2) through (7) of this subsection. In the event of a conflict between the provisions of any other such regulations and the regulations set

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forth in paragraphs (2) through (7) of this subsection, the regulations set forth in paragraphs (2) through (7) of this subsection shall control to the extent of any conflict.

2.

Permitted Districts. Adult entertainment establishments shall only be permitted in B2, M1, or M2 districts.

3.

Minimum distance from other adult entertainment establishments. No adult entertainment establishment shall be located, established, maintained, or operated on any lot that has a property line within one thousand (1,000) feet of the property line of any other lot on which any other adult entertainment establishment is located, established, maintained, or operated.

4.

Minimum distance from protected uses. No adult entertainment establishment shall be located, established, maintained, or operated on any lot that has a property line within one thousand (1,000) feet of the property line of any other lot on which a protected use is located, established, maintained, or operated.

5.

Minimum distance from residential property. No adult entertainment establishment shall be located, established, maintained, or operated on any lot that has a property line within one thousand (1,000) feet of the property line of any residential property.

6.

Measurement. For the purposes of this section, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which the adult entertainment establishment is located to the nearest point on a property line of (i) any residentially zoning district or (ii) any lot on which a protected use or other adult entertainment establishment, as the case may be, is located, established, maintained, or operated.

7.

Limited exception for subsequent protected uses, alcoholic business, and residential property. An adult entertainment establishment lawfully operating under this Code and under the City's adult use licensing ordinance shall not be deemed to be in violation of the location restrictions set forth herein solely because (i) a protected use subsequently locates within the minimum required distance of the adult entertainment establishment, (ii) a business that sells or dispenses alcoholic beverage subsequently locates within the same building as the adult entertainment establishment, or (iii) property within the minimum required distance of an adult entertainment establishment subsequently becomes residential property. This paragraph (7) shall not apply to an adult entertainment establishment at a time when an application for an "adult entertainment license" under the City's adult use licensing ordinance for that establishment is submitted after the license has previously expired, has been revoked, or is at that time under suspension.

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SEC. 1-7.7 A.

B.

TEMPORARY USES

Seasonal sales lots 1.

Material for seasonal sales (Christmas trees, pumpkins, etc.) shall not be located in any right of way;

2.

The location of materials for sale are not to be located so as to block visibility for vehicles or pedestrians on or off the lot in a manner that would create a safety hazard;

3.

The sales shall be limited to between the hours of 7:00 a.m. and 9:00 p.m., and for a period not to exceed sixty (60) days;

4.

Use of a public address system or loudspeaker is expressly prohibited;

5.

All trash and debris is to be removed daily;

6.

If the operator of the sale does not own the property, written consent from the property owner, or the authorized agent of the property shall be provided to the Community Development Department;

7.

All signs shall conform to the standards set forth in this DO; and

8.

All materials shall be removed within forty-eight (48) hours of the end of the operation.

9.

A license (Peddlers, Hawkers, and Transient Merchants) must be obtained from the City Clerk per provisions of the Galesburg Municipal Code.

Seasonal sales of farm produce Farm produce grown on the premises in the AG District may be sold on site, according to the following provisions: 1.

Such sales shall not continue for more than four (4) months per year; and

2.

Structures incidental to such sales, including roadside stands, must be portable, and removed at the end of the sales season. Roadside stands are permitted in the required front yard.

3.

No sales or display activity shall be located on a public right-of-way;

4.

The location of materials for sale are not to be located so as to block visibility for vehicles or pedestrians on or off the lot in a manner that would create a safety hazard;

5.

All trash and debris is to be removed daily;

6.

All signage shall conform to the standards set forth in this DO;

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7.

C.

D.

E.

A license (Peddlers, Hawkers, and Transient Merchants) must be obtained from the City Clerk per provisions of the Galesburg Municipal Code.

Temporary outdoor sales Temporary outdoor sales, including farmer’s markets, merchandising, and promotional displays, are permitted in all non-residential districts, subject to the following: 1.

The use shall be located along and have direct vehicular access to a public street;

2.

No sales or display activity shall be located on a public right-of-way;

3.

The location of materials for sale are not to be located so as to block visibility for vehicles or pedestrians on or off the lot in a manner that would create a safety hazard;

4.

All trash and debris is to be removed daily;

5.

If the operator of the sale does not own the property, written consent from the property owner, or the authorized agent of the property shall be provided to the Community Development Department;

6.

All signage shall conform to the standards set forth in this DO;

7.

All materials shall be removed within three (3) days of the end of the operation; and

8.

A license (Peddlers, Hawkers, and Transient Merchants) must be obtained from the City Clerk per provisions of the Galesburg Municipal Code.

Tents 1.

No tent shall be erected, used, or maintained for living quarters.

2.

A permit for the temporary use of tents for special events or sales shall be limited in duration to a maximum of 120 days. All tents shall be removed by the permit holder within 24 hours after the expiration of the permit. No more than one tent permit shall be issued per applicant in any calendar year.

Construction Trailers A licensed contractor engaged in a construction project for which a building permit has been issued by the Building Inspector may temporarily use a construction trailer for office facilities in the location where work is being done, provided that such construction trailer shall: 1. Be placed only upon the property for which a building permit was issued authorizing construction, and not in any public right-of-way;

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2. Not be placed more than fourteen (14) days prior to the commencement of the work for which the building permit was issued; 3. Not contain sleeping accommodations or cooking facilities; and 4. Be removed within fourteen (14) days after the completion of the work for which the building permit was issued.

5. Each permit shall be valid for a period of not more than six (6) calendar months, and shall not be renewed for more than two (2) successive periods at the same location.

F.

Real Estate Offices Temporary real estate office incidental to a new housing development shall: 1. Not be used for sleeping or cooking purposes until the premises shall cease to be used as a real estate office; 2. Continue only until all dwelling units in the development have been first sold or leased; and 3. Be landscaped as approved by the Director of Community Development.

4. Each permit shall be valid for a period of not more than six (6) calendar months, and shall not be renewed for more than two (2) successive periods at the same location.

SEC. 1-7.8

SMALL WIND ENERGY SYSTEMS

A.

Location – Small Wind Energy Systems are permitted as an accessory use in all zoning districts, provided setback and other provisions of this section are met. SWES not meeting these provisions may also be allowed if a special use is approved following the requirements outlined in Section 1-2.4.

B.

Setback – The distance from all lot lines or any building or power line to any tower or support base of a SWES shall be equal to the sum of the tower height and the diameter of the rotor. A reduction of this requirement may be granted as part of a special use permit approval if the Planning and Zoning Commission finds that the reduction is consistent with public health, safety, and welfare.

C.

Height – For property sizes between ½ acre and one acre, the SWES shall be limited to eighty feet (80’). For property sizes of one acre or more, there is no height limitation, except as imposed by FAA regulations. The blade tip of any rotor shall, at its lowest point, have ground clearance of no less than fifteen (15) feet.

D.

Design – Building permit applications for SWES shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis of

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the system showing compliance with the adopted building codes and certified by a licensed structural engineer shall be submitted.

E.

Noise – SWES shall not exceed 60 dBA, as measured at the closest neighboring dwelling or business. This level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.

F.

Interference – The SWES operation shall not interfere with radio, television, computer, or other electronic operations on adjacent properties.

G.

Fencing – A fence six feet high with a locking gate shall be placed around any SWES tower base; or the tower climbing apparatus shall begin no lower than twelve feet above ground.

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DIVISION 8 - SITE PLAN REVIEW SEC. 1-8.1

PURPOSE

The purpose and intent of requiring site plan approval is to insure that plans that are otherwise in conformance with this Ordinance also include the compatible arrangement of buildings, off-street parking, lighting, landscaping, ingress and egress, and drainage of the site in a manner that will promote safety and convenience for the public and will preserve surrounding property values. Site Plan review is not a substitute for required State and City building permit reviews.

SEC. 1-8.2 A.

Site Plan Review is required for all new construction or additions and changes in the use of existing buildings or parking lots which results in any exterior alteration or construction within the following zoning districts: 1.

2.

3.

B.

APPLICABILITY

All special uses in the AG, ER, R1A, and R1B Zoning Districts All uses in the R1C, R2, R3A, R3B Zoning District (excluding single-family detached uses) All uses in the I, O, B1, B2, B3, M1, M2, and CPD Zoning Districts

The following activities are excluded from Site Plan Review: 1.

2.

3.

4.

5.

SEC. 1-8.3

Normal maintenance, but not reconstruction.

Construction or alteration of any building (or accessory structure) in use exclusively as a single-family or two-family dwelling or any uses devoted exclusively to agriculture, horticulture or floriculture.

Home occupations as defined in this Ordinance.

Government uses.

Schools

PROCEDURES

When required, no building or occupancy permits shall be issued for any building or use that is not in accordance with an approved site plan. A written application for site plan review shall be submitted to the Community Development Department, which shall schedule the item for review. Consultation with the appropriate City staff is encouraged throughout this process to insure a minimum delay. If requested by the applicant, the City will review applications for Site Plan review concurrently with separate requests for rezoning or platting. The review process will include the following: A.

For projects in the CPD or O Districts 1. Development Review Committee. One copy of the complete application, along with twelve (12) copies of the site plan shall be submitted by the property owner or his certified

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agent to the Community Development Department at least ten to fourteen (10-14) days prior to the Development Review Committee meeting. The purpose of the Development Review Committee meeting will be to evaluate the completeness of the application and to provide the applicant with specific feedback/input on the proposed site plan. Prior to the Development Review Committee meeting, the Director of Community Development shall distribute copies of the Site Plan to Committee members. After discussion on a proposed site plan, the Development Review Committee may recommend approval, denial, approval with modifications, or request that the applicant revise the plan and return to a future Development Review Committee meeting for further review.

The Development Review Committee shall have thirty (30) days to provide a recommendation to approve or reject a site plan, with or without modifications, although this period may be extended by agreement of the parties concerned.

2. Action by Planning and Zoning Commission. After actions by the Development Review Committee, the site plan shall be placed on the Planning and Zoning Commission agenda.

The Planning and Zoning Commission shall have forty-five (45) days to approve or reject a site plan, with or without modifications, although this period may be extended by agreement of the parties concerned.

3. Execution of Statement of Agreement and Conditions.

If approved, the Director of Community Development shall prepare a Statement of Agreement and Conditions authorizing the Site Plan and summarizing any conditions imposed by the City upon such Plan. The Statement of Agreement and Conditions shall be executed by both the Mayor and Petitioner. As a condition of approval, the applicant shall file with the City Treasurer a letter of credit or a performance guarantee approved by the City Attorney to insure completion of approved landscaping, fencing, parking and loading, drainage and all other specific items of the Site Plan. The amount of the performance guarantee and the required completion date shall be recommended by the City Engineer based on current construction costs. If the proposed construction cost is less than $50,000, no performance guarantee is required.

B.

For all other projects requiring Site Plan Review: 1. Development Review Committee. One copy of the complete application, along with twelve (12) copies of the site plan shall be submitted by the property owner or his or her certified agent to the Community Development Department at least ten to fourteen (10-14) days prior to the Development Review Committee meeting. The purpose of the Development Review Committee meeting will be to evaluate the completeness of the application and to provide the applicant with specific feedback/input on the proposed site plan. Prior to the Development Review Committee meeting, the Director of Community Development shall distribute copies of the Site Plan to Committee members. After discussion on a proposed site plan, the Development Review Committee may approve, deny, or approval with modifications. The Development Review Committee shall have thirty (30) days to approve or reject a site plan, with or without modifications, although this period may be extended by agreement of the parties concerned. Rejection of a site plan may be appealed to the Planning and Zoning Commission. Appeals shall be accompanied by required fees and twelve (12) additional copies of the proposed plans. The appeal shall

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be placed on the next Planning and Zoning Commission agenda provided plans are received at least one week prior to the meeting.

2. Execution of Statement of Agreement and Conditions. If approved, the Director of Community Development shall prepare a Statement of Agreement and Conditions authorizing the Site Plan and summarizing any conditions imposed by the City upon such Plan. The Statement of Agreement and Conditions shall be executed by both the Mayor and Petitioner. As a condition of approval, the applicant shall file with the City Treasurer a letter of credit or a performance guarantee approved by the City Attorney to insure completion of approved landscaping, fencing, parking and loading, drainage and all other specific items of the Site Plan. The amount of the performance guarantee and the required completion date shall be recommended by the City Engineer based on current construction costs. If the proposed construction cost is less than $50,000, no performance guarantee is required.

SEC. 1-8.4

APPLICATION FOR SITE PLAN REVIEW

A.

Standing An application for Site Plan review shall be made by a person, firm or corporation having a financial interest on the land which is described in the application for site plan review.

B.

Filing Applications for Site Plan review shall be filed in writing with the Community Development Department and shall be accompanied by such documents and information as the Planning and Zoning Commission may require. Such documents and information shall include, but are not limited to, the following:

C.

1.

Completed application for Site Plan review;

2.

Application fee (see Fee and Fine Schedule);

3.

Plans and drawings depicting compliance with the aforementioned site design standards.

Plan Requirements The application for Site Plan review and drawings shall include the following: 1.

Name of the project, boundaries, date, north arrow and scale of plan;

2.

Name, address and telephone number of the owner and developer of record.

3.

Name, address, and telephone number of the architect, land planner, engineer, surveyor, or consulting firm (with contact person listed) who is responsible for compiling the plan.

4.

All existing lot lines, easements and right-of-way, including area in acres or square feet.

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5.

Contiguous land uses and zoning, and location and use of structures within 100 feet of the site.

6.

Location and use of all existing and proposed structures within the development.

7.

Location of all present and proposed roads, parking areas, driveways, sidewalks, fences, curbs, paths and walls.

8.

Location and proposed screening details for all waste disposal containers.

9.

Location, height, intensity and bulb type of all external lighting fixtures. The direction of illumination and methods to eliminate glare into adjoining properties should be shown. Submit information as required in outdoor lighting regulations Section 1-3.3.

10.

Location of all present and proposed utilities, including but not limited to sewage or septic systems, water supply, telephone, cable and electrical systems, and storm water drainage systems, such as drain lines, culverts, catch basins, hydrants and drainage swales.

11.

Location of existing and proposed natural features, including topography, forest cover and water sources.

12.

Elevation plans for exterior facades of proposed structures, showing design features and indicating type and color of materials to be used.

13.

Landscaping proposed for the development, including new plantings and existing plant material to be preserved, along with an indication of trees to be removed or transplanted. A separate landscape plan may be submitted in lieu of illustration on the Site Plan.

A copy of the permit application and any revisions required by the U.S. Army Corps of Engineers for any flood plain or wetland modification.

14.

15.

SEC. 1-8.5

Timetable for construction of improvements.

SITE DESIGN STANDARDS

The following development standards are established as criteria for the review of Site Plans: A.

Responsive to Site Conditions Site plans should be based on an analysis of the site. Such site analysis shall examine characteristics such as site context; geology and soils; topography; climate and ecology; existing vegetation, structures and road network; visual features; and current use of the site. In addition to the standards listed below, petitioners must also follow the regulations outlined in this Development Ordinance.

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To the fullest extent possible, improvements shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative effects and alteration of natural features. Fragile areas such as wetlands and flood plains shall be preserved as open space.

B.

Traffic and Parking Layout Site plans should minimize dangerous traffic movements and congestion, while achieving efficient traffic flow. The required number of parking spaces shall be provided while maintaining City design standards and adopted building codes and state accessibility requirements. The number of curb cuts should be minimized and normally be located as far as possible from intersections. Connections shall be provided between parking areas to allow vehicles to travel among adjacent commercial or office uses. Cross-access easements or other recordable mechanisms must be employed.

Conflicts between pedestrians and vehicular movements should be minimized. When truck traffic will be present upon the site, the road size and configuration shall be adequate to provide for off-street parking and loading facilities.

Traffic studies may be required by the Development Review Committee. When required, such studies shall be funded by the applicant and prepared by a qualified Illinois licensed professional engineer. The studies shall include an analysis of the existing site traffic flow patterns as well as the projected traffic flow patterns after the proposed development for all adjacent and/or affected roadways. Such traffic studies should include the following as a minimum: Existing Site: 1.

Existing Approach and Lane Level of Service (LOS) for weekday A.M. and P.M. peak hours as well as for Saturday A.M. peak hour by utilizing the most current version of the Highway Capacity Manual (HCM). Also, the LOS for all intersections should be determined.

2.

All intersections shall be reviewed and evaluated with all Manual of Uniform Traffic Control Device (MUTCD) warrant requirements for traffic signals and/or Stop or Yield signs to determine if any warrants are met currently.

3.

Determine the ADT from the traffic count information utilizing the appropriate seasonal adjustment factors.

4.

Determine if additional turning or through lanes are currently warranted as specified in the most current version of the Illinois Department of Transportation (IDOT), Bureau of Design and Environment (BDE) Manual.

Proposed Site: The most recent version of the Institute of Transportation Engineers (ITE) Trip Generation Manual shall be used to project proposed traffic volumes for the development utilizing the City of Galesburg Development Ordinance Article 1- General Provisions

March 2010 Page 1-103

appropriate category or categories of proposed development that most closely match the categories as listed in the ITE Manual in order to analyze the following: 1.

The projected traffic distribution from the development onto the existing or proposed roadway network.

2.

The projected Approach and Lane LOS for weekday A.M. and P.M. peak hours as well as for Saturday A.M. peak hours by utilizing the most current version of the HCM. Also, the LOS for all intersections shall be determined.

3.

The projected impacts to the LOS to any adjoining existing sidestreet or commercial entrance.

4.

All intersections shall be reviewed and evaluated with all MUTCD warrant requirements for traffic signals and/or Stop or Yield signs to determine if any warrants will be met with the projected traffic volumes.

5.

Determine the ADT from the projected traffic information utilizing the appropriate seasonal adjustment factors.

6.

Determine if additional turning or through lanes are warranted as specified in the most current version of the IDOT, BDE Manual based on the projected traffic volumes.

C.

Site Layout Improvements shall be laid out so as to preserve existing trees; minimize cut and fill; avoid unnecessary impervious cover; prevent flooding and pollution; provide adequate access to lots and sites; and mitigate adverse effects of shadow, noise, odor, traffic, drainage and utilities on neighboring properties.

D.

Consistent with Comprehensive Plan The proposed use and the design of the site should be consistent with the Comprehensive Plan.

E.

Historical Context Site plans shall be designed to enhance historic architectural resources as identified by the National Register of Historic Places or the Galesburg Landmark Commission. Owners are encouraged to allow site research for archaeological resources.

F.

Building Materials The proposed site plan design shall provide a desirable environment for its occupants and visitors as well as its neighbors through aesthetic use of materials, textures and colors that will remain appealing and will retain a reasonably adequate level of maintenance. Buildings shall be in scale with the ultimate development planned for the area. Monotony of design shall be avoided. Variations in detail, form, and setting shall be used to provide visual interest. Variation shall be balanced by coherence of design elements.

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G.

Relationship to Surrounding Development A site shall be developed in harmony with neighboring street patterns, setbacks and other design elements.

H.

Open Space and Pedestrian Circulation Improvements shall be designed to facilitate convenient and safe pedestrian and bicycle movement within and to the property.

I.

Buffering Measures shall be taken to protect adjacent properties from any undue disturbance caused by excessive noise, smoke, vapors, fumes, dusts, odors, glare or stormwater runoff. Incompatible, unsightly activities are to be screened and buffered from public view. (See Landscape Regulations in Article 2 Division 2)

J.

Emergency Vehicle Access Every site shall have sufficient access for emergency vehicles.

K.

Mechanical Equipment Screening All heating, ventilation and air conditioning roof-top equipment shall be screened on front and side elevations, and rear elevations where abutting residential districts, by a parapet wall or other fence equal in height to the equipment. Such equipment, if placed at grade, shall be screened by walls, fences, or other such elements as designated on the Landscape Plan.

L.

Lighting The height and shielding of lighting fixtures shall provide proper lighting without hazard to motorists on adjacent roadways or nuisance to adjacent residents by extending onto adjacent property. Cut-off lighting should be used in most locations, with fixtures designed so that the bulb/light source is not visible from general view. (See Outdoor Lighting Regulations Section 13.3)

M.

Refuse Disposal and Recycling Storage Areas All refuse disposal and recycling storage areas should be located in areas designed to provide adequate accessibility for service vehicles. Locations should be to the rear of buildings or in areas where minimal exposure to public streets will exist. Refuse disposal and recycling containers, and other equipment such as grease containers, or outdoor storage of materials such as pallets, should not be placed outside of enclosures. Such enclosures should not be located in required aisles or landscape buffers. All refuse and recycling enclosures should be screened by a solid fence (with the finished side facing outward) or wall. Containers or material within the fence enclosure should not extend above the height of the fence. The area should be secured by a solid latchable gate. The use of chain link fences with slats is discouraged.

SEC. 1-8.6

EXCEPTIONS

The Planning and Zoning Commission may grant exceptions from the site plan requirements as may be reasonable if literal interpretation of one or more provisions is impractical or would cause undue hardship because of unusual conditions pertaining to the land in question.

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SEC. 1-8.7

REVOCATION

Where a Site Plan has been approved and where no substantial construction work is initiated within one year from the date approving the Site Plan, then, without further action by the City, such Site Plan approval shall become null and void. An extension may be granted by the City Council provided such extension is requested prior to the expiration of the original site plan approval.

SEC. 1-8.8

ENFORCEMENT

It is the policy of the City that enforcement of this Site Plan review requirement shall be deemed in the highest public interest. If any person, firm, or corporation violates the provisions of this Division the City may exercise any or all of the remedies and penalties available under law including, but not limited to the following: A.

Imposition of a fine as detailed in the Fee and Fine Schedule of the City Code. A separate offense shall be deemed committed on each day such violation occurs or continues.

B.

If the violation occurs in connection with the development of property or the building of structures, the City shall revoke all permits and cause the cessation of any and all construction.

C.

The City shall file a complaint requesting the abatement of the violation.

D.

In addition to the fines herein, the City shall be entitled to all costs of prosecution, including attorney fees incurred by the City, and the cost, if any, of abating the violation.

SEC. 1-8.9

MODIFICATION OF APPROVED SITE PLAN

From time to time the proponents may make minor changes in the approved site plan so long as such changes have been approved by the Director of Community Development or upon denial of approval by the Director of Community Development, with the approval of the Planning and Zoning Commission. What constitutes a minor change will be determined in the sole discretion of the Director of Community Development.

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ARTICLE 2 GENERAL DEVELOPMENT STANDARDS DIVISION 1 - PARKING AND LOADING SEC. 2-1.1

PURPOSE

The purpose of this article is to promote the safety and welfare of the public by establishing minimum requirements for off-street parking, loading, and unloading of motor vehicles.

SEC. 2-1.2 A.

GENERAL PROVISIONS FOR PARKING AND LOADING FACILITIES

Scope of Regulations The off-street parking and loading provisions of this Section shall apply as follows: 1.

For all buildings and structures erected and all uses of land established after July 6, 2010, accessory parking and loading facilities shall be provided as required by the regulations of this Division. However, where a building permit has been issued prior to the effective date of the Ordinance, and provided that construction is begun within one year of such effective date, and diligently carried out to completion, only the less restrictive parking and loading standards as required prior to the effective date shall be provided.

2.

When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other unit of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use.

3.

Whenever the existing use of a building or structure is changed to a new use, parking or loading facilities shall be provided as required for such new use.

B.

Existing Parking and Loading Facilities Accessory off-street parking or loading facilities which are located on the same lot as the building or use served, and which were in existence on July 6, 2010 or were provided voluntarily after such effective date, shall not hereafter be reduced below, or if already less than, shall not further be reduced below the requirements of this Division for a similar new building or use.

C.

Central Business District Parking Requirements For the purpose of allowing the existing mix and density of uses within the B3 Central Business District, additional off-street parking is not required.

D.

Permissive Parking and Loading Facilities Nothing in this Ordinance shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings provided that all regulations herein governing the location, design, improvement and operation of such facilities are adhered to.

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E.

Control of Off-Site Parking Facilities When required parking facilities are provided on land other than the zoning lot on which the building or use served by such facilities is located, they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are accessory. No such off-site parking facilities shall be authorized and no occupancy permit shall be issued where the plans call for parking facilities to be located on a lot other than on the same zoning lot as the principal use until and unless the Planning and Zoning Commission has reviewed the plans, heard the applicant and made findings that the zoning lot and the remote site are in common ownership and that the off-site parking facilities will be maintained at all times during the life of the proposed use or building. Properties in the B3 Central Business District are excluded from this provision.

F.

Landscape Requirements All parking and loading areas shall be adequately screened and landscaped in accordance with the regulations of Article 2 Division 2.

SEC. 2-1.3

PARKING REGULATIONS

A.

Use of Parking Facilities Off-street parking facilities accessory to residential uses located in any residential district shall be used solely for the parking of passenger automobiles owned by occupants of the dwelling structures to which such parking facilities are accessory or by guests of said occupants. Except for use associated with a permitted home occupation, required parking facilities accessory to residential structures shall not be used for the parking of automobiles belonging to the employees, owners, tenants, visitors or customers of business or manufacturing establishments.

B.

Joint Parking Facilities Notwithstanding any other parking requirements set forth in this DO, a joint parking facility may be applied where mixed-uses are proposed and the mix of uses creates staggered peak periods of parking demand. A joint parking facility allows the property developer to use parking spaces more efficiently by allowing the same spaces to be “shared� by various land uses, thus reducing the total amount of required parking. A shared parking program may include parking on the same site or different sites subject to the provisions herein. In no case shall a shared parking program include the parking spaces required for residential uses.

1.

The Development Review Committee may approve a joint parking facility upon application of a developer provided that: a. b.

2.

Pedestrian access is provided to and from the parking area and the building; and All other requirements set forth herein are met. If denied, the applicant may apply for a variance per Section 1-2.5.

Parking spaces that are reserved for a specific business purpose (e.g. reserved for doctor’s only) or designated and marked for use by persons with disabilities shall not be counted toward meeting the shared parking requirements.

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3.

Those wishing to apply for a joint parking facility must demonstrate to the Development Review Committee the feasibility of shared parking pursuant to subparagraph (5) below.

The maximum reduction in the number of parking spaces required for all uses sharing the parking area shall be twenty percent (20%).

4.

Shared parking spaces may be located on a different lot than the use which it serves only where the following conditions are met: a.

b.

c.

The parking is located no more than 300 feet from the use that is serves. The distance between the use and the parking lot shall be measured following a reasonable and safe walking route from the main entrance of the use to the nearest parking lot; The applicant(s) for a building permit or certificate of occupancy for the use which is to be served by a joint parking facility shall submit a copy of a written agreement pursuant to subparagraph (6) below along with his or her application for such permit or certificate.

There is no substantial conflict in the operating hours of the building served by the shared parking program.

5.

Off-street parking facilities for properties with separate buildings or uses, or for buildings with mixed uses, may be provided collectively on the zoning lot, provided that the total number of spaces so located together shall not be less than the sum of the separate requirements for each use. Cumulative parking requirements for mixed-use occupancies may be reduced where it can be determined that the peak requirement of the several occupancies occurs at different times (either daily or seasonally). The Shared Parking report published by the Urban Land Institute may be used as a guideline in the estimation of parking demand for mixed use buildings and sites. Requests for reduced parking shall be submitted to the Development Review Committee for approval. If denied, the request may be appealed to the Planning and Zoning Commission.

6.

Shared Parking Study: Determination of the shared parking requirements shall be by detailed study which clearly establishes which uses will utilize the shared spaces at different times of the day, week, month or year. The study shall: a. b. c. d.

e. f.

Be based on the Urban Land Institute’s shared parking study methodology or other generally accepted methodology; Address the size and type of activities, the composition of tenants, the rate of turnover for proposed shared spaces and the anticipated peak parking and traffic loads; Provide for a reduction by not more than 20% of the combined parking required for each use; Provide for no reduction in the number of spaces reserved for persons with disabilities or for a specific business purpose as described above, and that such spaces will be provided as required by the Illinois Environmental Barriers Act, 410 ILCS 25-1 et seq. as now in force and hereafter amended; Provide a plan to convert the reserved space to parking area, if applicable; and Be reviewed and approved by the City Engineer and Director of Community Development.

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7.

Agreement for Joint Parking Facility: The developer(s) applying for the joint parking facility shall submit a written agreement approved by the City Attorney requiring that the parking spaces shall be maintained as long as the uses requiring the parking exist or unless the required parking is provided elsewhere in accordance with the provisions of this DO. The developer(s) shall record such written agreement with the Knox County Recorder’s Office prior to the issuance of a building permit or certificate of occupancy, and a copy filed in the project review file. The agreement shall, at a minimum: a. b. c. d. e. f. g. h. i.

8.

List the names and ownership interest of all parties to the agreement and contain the signatures of those parties; Provide a legal description of the land; Include a site plan showing the area of the parking parcel and open space reserved area which would provide for future parking; Describe the area of the parking parcel and designate and reserve it for shared parking unencumbered by any conditions which would interfere with its use; Agree and expressly declare the intent for the covenant to run with the land and bind all parties and all successors in interest to the covenant; Assure the continued availability of the spaces for joint use and provide assurance that all spaces will be usable without charge to all participating uses; Describe the obligations of each party, including the maintenance responsibility to retain and develop reserved open space for additional parking spaces if the need arises; Incorporate the shared parking study, if applicable, by reference; and Describe the method by which the covenant shall, if necessary, be revised.

In the event the use of any building or lot is changed, written evidence that the parking necessary for the new use(s) does not exceed the amount that was required by the previous use(s) must be submitted to the City Engineer.

C.

Computation When determination of the number of off-street parking spaces required by this Section results in a requirement of a fractional space, any fraction of one-half or less may be disregarded while a fraction in excess of one-half shall be counted as one parking space.

D.

Size A required off-street parking space shall be at least nine (9') feet in width and at least eighteen (18') feet in length, exclusive of access drives or aisles, ramps, columns, or office or work areas. Each required off-street parking space shall have a vertical clearance of at least seven (7') feet. The dimensions of accessible parking spaces shall comply with the latest version of the Illinois Accessibility Code.

E.

Access 1.

Each required off-street parking space shall open directly upon an aisle or driveway of at least the width below, based upon the angle of the parking stalls provided and whether the aisle serves one or two rows of parking spaces:

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Figure 2.1 Parking Angle and Aisle Width Parking Angle Serving One Row Serving Two Rows

2.

Parallel

12’

12’

30°

12'

12'

45°

13'

14'

60°

18'

19'

90°

20'

24'

All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements. a. b.

In B1, B2, B3, M1, M2, O or I Districts, no driveway across public property nor curb cut shall exceed a width of thirty-five (35') feet at the property line.

In all R-districts, no parking shall be permitted in the area between the front line of the dwelling and the property line except on an approved driveway. An approved driveway must be paved with concrete, asphalt, gravel, brick or other permanent low-dust surface and shall not exceed twenty-four (24) feet in width or cover more than forty (40) percent of the front yard, whichever is greater. In addition to permitted parking on the driveway in front of attached garages, one (1) parking space perpendicular to the street may be located in front of the dwelling when side or rear yard parking is not available. Safety curbing or a barrier shall be provided to define the limits of this parking area and prevent encroachment into the front yard. Any parking permitted by this subsection shall be subject to the sight visibility triangle provisions (Fig. 1.7) of this DO, pertaining to corner lot visibility.

F.

In Yards Required off-street parking spaces may be located in any yard except required front yards, but shall not be closer than one (1) foot to the lot line.

G.

Design and Maintenance 1.

Open and Enclosed Parking Spaces. Accessory parking spaces located on the same lot as occupied by the use served may be open surface or enclosed in a building.

2.

Surfacing. All open off-street parking areas and driveways shall be improved with a compacted macadam base, not less than six (6") inches thick, surfaced with asphalt, concrete, brick or some comparable all weather dustless material. Construction of such surfacing shall be completed within one year of the issuance of a building permit.

3.

Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential use or zone properties in such a way as not to create a nuisance. (See Lighting Sec. 1-3.3)

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4.

Signs. Incidental signs are permitted in parking areas in accordance with the provisions established in Article 3 of this DO.

5.

Repair and Service. No motor vehicle repair work of any kind shall be permitted in conjunction with outdoor accessory off-street parking facilities in a residential district, except for minor repairs of the occupant’s personal vehicle, provided that the vehicle is not rendered immobile for more than seven (7) days.

6.

The sale of gasoline and motor oil in conjunction with accessory off-street parking facilities is not permitted in any residential district.

SEC. 2-1.4

LOCATION OF ACCESSORY OFF-STREET PARKING FACILITIES

All distances specified shall be walking distances between such parking spaces and a main entrance to the use served. The location of off-street parking spaces in relation to the use shall be as follows: A.

For Uses in a Residential or Agricultural District Parking spaces accessory to dwellings shall be located on the same zoning lot as the principal use.

Spaces accessory to uses other than dwellings may be located on a lot adjacent to, or directly across a street or alley from the lot occupied by the principal use, but in no case at a distance in excess of three hundred (300) feet from the parking space to the main entrance.

B.

For Uses in Business, Institutional, Office, or Manufacturing Districts All required parking spaces shall be within one thousand (1,000) feet of any entrance. However, no parking spaces accessory to a use in a business or manufacturing district shall be located in a residential district, provided it is allowed by a special use as listed in such applicable district.

SEC. 2-1.5

OFF-STREET LOADING

A.

No Use of Public Right-of-Way At no time shall goods be loaded or unloaded from the right of way of a collector or arterial street with the exception of right-of-way in the B3 – Central Business District, where limited loading and unloading may occur where no off-street loading facilities exist.

B.

Space Size Off-street loading spaces, excluding maneuvering areas, shall be at least twelve (12) feet wide by fifty (50) long.

C.

Location 1.

Location of off-street loading facilities. All off-street loading facilities serving a building or land use constructed or established after the effective date of this Ordinance, or subsequently altered or enlarged shall be located on the same lot as the building or land use served.

2.

Central loading facilities. Central loading facilities may be substituted for off-street loading

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facilities on individual lots, provided that: a. b. c.

D.

Yard requirements for off-street loading facilities Off-street loading facilities located within the buildings they serve shall comply with the yard and setback requirements of the zoning district in which located. For unenclosed off-street loading facilities, the following provisions apply: 1.

2.

3.

SEC. 2-1.6 A.

Access. Each lot served shall have direct access to the central loading area without crossing a street or alley. Additionally, no lot served shall be more than 500 feet from the central loading facility.

Required berths. The total number of off-street loading berths required shall be the sum total of berths required for all of the properties served by the central loading facility.

Agreement. Whenever the required off-street loading facilities are collectively provided and used in a central loading facility, the parties concerned shall execute written covenants and easements assuring their access, retention, maintenance, and use for such purposes. Such covenants and easements shall be reviewed by the Director of Community Development, approved by the City Attorney, and filed with the Department of Community Development.

The facilities shall not be located in any required front yard or corner side yard; and Loading facilities shall not be located within five feet of any property line; and Shall be setback a minimum of fifty (50) feet from any road right-of-way.

SCHEDULE OF PARKING AND LOADING REQUIREMENTS

Applicability Accessory off-street parking spaces shall be provided for the following uses as required hereinafter.

For uses not listed herein, the parking requirements shall be determined by the Director of Community Development. The off-street parking requirements established herein may be reduced up to fifty percent (50%) by the Planning and Zoning Commission upon appeal, provided that it can be shown why the established requirement is not applicable or appropriate. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time. For the uses listed in the following table, offstreet loading berths shall be provided on the basis of gross floor area of buildings or portions thereof devoted to such uses in the amounts shown below:

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Figure 2.2 Residential Parking and Loading Requirements Use

Minimum Number of Parking Spaces Required

Minimum Required Loading Spaces

Residential and Lodging Uses Child Daycare Center

One (1) parking space per employee, plus one tenth (0.1) of one space per person of licensed capacity.

None required.

Dwelling Units (Single Family detached)

Two (2) parking spaces per dwelling unit.

None required.

Dwelling Units (Attached)

Two (2) parking spaces per dwelling unit.

None required.

- Studio

One and one quarter (1.25) parking spaces per dwelling unit.

None required.

- 1 Bedroom

One and one half (1.5) parking spaces per dwelling unit.

None required.

- 2 + Bedrooms

Two (2) parking spaces per dwelling unit.

None required.

Elderly Housing

One parking space per dwelling unit, plus one (1) parking space for each employee on peak shift.

No loading spaces required.

Hotel/Motel/Bed and Breakfast

One (1) parking space per guest room plus one (1) space per every two (2) employees plus any spaces required for any supplemental use that generates parking needs such as a restaurant, lounge, banquet areas, or meeting room.

As required for restaurant or lounge.

Nursing Homes

One (1) parking space for every five (5) beds and one space for every one (1) employee.

One loading space required.

Dormitories, Fraternities, and Sororities

One (1) per bedroom, plus one (1) parking space per employee.

None required.

Dwelling Units (Multi-Family)

SF = Square Feet GFA = Gross Floor Area

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Figure 2.3 Commercial Parking and Loading Requirements Use

Minimum Number of Parking Spaces Required

Minimum Required Loading Spaces

Commercial Uses

1

Animal Hospital/Veterinary Clinic

One (1) parking space per three hundred (300) SF of GFA.

None required.

Arcade, amusement

One (1) parking space per four hundred (400) SF of GFA. 1

None required.

Bowling Alley

Four (4) parking spaces per each lane, plus additional parking as required for any affiliated restaurant, bar, or banquet facility.

None required for buildings 10,000 SF or less; One (1) space per building between 30,000 and 70,000 SF plus one (1) space per 80,000 SF thereafter.

Car Wash

One (1) parking space per four (4) employees, plus five (5) stacking spaces per wash rack.

None required.

Coffee, cafĂŠ, teahouse

One (1) parking space per three (3) seats.

None required.

Convenience Store

One (1) parking space per two-hundred (200) SF of GFA.

None required.

Club or Lodge

Parking spaces equal to ten (10) percent of the capacity in persons.

As required for any affiliated restaurant, lounge.

Funeral Home or Mortuary

One (1) parking space per four (4) seats, plus (1) space for each funeral vehicle.

General Retail

Three and one third (3.3) parking spaces per one thousand (1,000) SF of GFA.

Grocery Store

One (1) parking space per two hundred (200) SF of GFA.

See general retail loading requirement

Laundromat

One (1) parking space per four (4) machines.

None required.

Personal Service Shops

Two and one half (2.5) parking spaces per one thousand (1,000) SF of GFA.

None for first 30,000 SF, then one (1) per 100,000 SF thereafter.

Restaurants without drive-throughs, Bars, and Taverns

Eleven (11) parking spaces per one thousand (1,000) SF of GFA.

One (1) loading space per 40,000 SF of GFA.

One loading space is required.

No loading spaces required for buildings 10,000 SF or less; One (1) space per buildings between 30,000 and 70,000 SF plus one (1) space per 80,000 SF thereafter.

GFA = Gross Floor Area

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Use

Minimum Required Loading Spaces

Minimum Number of Parking Spaces Required

Restaurants with drive-through or carryout facilities

One (1) parking space per three (3) seats, plus three (3) per cashier station. Eight (8) stacking spaces per drive-through window.

One (1) loading space per 40,000 SF of GFA.

Auditoriums, convention centers, stadiums, banquet facilities

One (1) parking space per five (5) persons based on designed capacity of building(s).

One (1) loading space per 100,000 SF of GFA.

Vehicle Repair and Maintenance Services

One (1) parking space per two hundred fifty (250) SF of GFA, in addition to indoor/garage service areas.

None required.

Figure 2.4 Office, Manufacturing and Civic Parking and Loading Requirements Use

Minimum Number of Parking Spaces Required

Minimum Required Loading Spaces

Four (4) parking spaces per one thousand (1,000) SF of GFA, plus five (5) stacking spaces for each drive-through teller position.

None for the first 10,000 SF, then one (1) per 50,000 SF up to 110,000 SF plus 1 per 100,000 SF thereafter.

Four (4) parking spaces per one thousand (1,000) SF of GFA.

None for the first 30,000 SF, then one (1) per 100,000 SF thereafter.

Five (5) parking spaces per one thousand (1,000) SF of GFA.

None for the first 30,000 SF, then one (1) per 100,000 SF thereafter.

Office Uses

Financial Institutions

General Offices

Medical/Dental Offices and Clinics

Manufacturing and Wholesale Uses

Manufacturing

Two thirds (0.66) of one parking space per employee on peak shift, plus one (1) space per five hundred (500) SF of GFA open to public.

City of Galesburg Development Ordinance Article 2 - General Development Standards

One (1) loading space per 25,000 SF up to 50,000 SF, plus one (1) for the next 50,000 SF then one (1) per 100,000 SF thereafter.

March, 2010 Page 2 - 10

Minimum Number of Parking Spaces Required

Minimum Required Loading Spaces

Two thirds (0.66) of one parking space per employee on peak shift, plus one space per five hundred (500) SF of GFA open to public.

One (1) for the first 50,000 SF of GFA plus one (1) per 100,000 SF thereafter.

Use

Wholesale and Storage

Civic and Institutional Uses Churches

One (1) parking space per four (4) persons in permitted capacity, plus adequate space for all vehicles associated with the church.

One (1) loading space per 100,000 SF of GFA.

Community Centers

Four (4) parking spaces per one thousand (1,000) SF of GFA.

None required.

Hospitals

One (1) parking space per hospital bed.

One (1) loading space per 10,000 SF up to 100,000 SF of GFA, plus one (1) per 100,000 SF thereafter.

Museum

Minimum: One (1) per six hundred (600) SF of GFA

One (1) loading space per 100,000 SF of GFA

Government offices, post offices

One (1) parking space per two hundred (200) SF of GFA.

None required.

Theater

One (1) parking space per five (5) seats in the main auditorium

One (1) loading space per 100,000 SF of GFA.

GFA = Gross Floor Area SF = Square Feet

City of Galesburg Development Ordinance Article 2 - General Development Standards

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Figure 2.5 Educational and Recreational Parking and Loading Requirements Use

Minimum Number of Parking Spaces Required

Minimum Required Loading Spaces

Educational and Recreational Uses Schools (Kindergarten, Elementary, Middle)

One (1) parking space per teacher and staff member, plus one (1) space for every two (2) classrooms.

One (1) loading space per 10,000 SF up to 100,000 SF of GFA, plus one (1) per 100,000 SF thereafter.

Schools (Senior High School)

One (1) parking space per teacher and staff member, plus one (1) space for every four (4) students.

One (1) loading space per 10,000 SF up to 100,000 SF of GFA, plus one (1) per 100,000 SF thereafter.

School, Trade or Business

One (1) per each five students (based on the maximum student capacity) plus two spaces for each three employees.

None required..

College

One (1) per each five students (based on the maximum student capacity) plus two spaces for each three employees.

None required.

Golf Courses

60 per nine holes, plus one (1) per employee.

None required.

Golf Driving Range

One (1) per tee, plus one (1) per employee.

None required.

Golf, Miniature

One (1) per hole, plus one (1) per employee.

None required.

SF = Square Feet GFA = Gross Floor Area

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DIVISION 2 - LANDSCAPE REGULATIONS SEC. 2–2.1

PURPOSE

This Division of the Development Ordinance is established to create uniform landscape, screening and tree preservation standards for development of property in the City and the review of plans therefore, in order to ensure that the City remains attractive, safe and comfortable. This Ordinance shall govern all developments except detached single and attached two family residentially used and zoned buildings.

SEC. 2–2.2

PLAN REQUIREMENTS

The following shall establish the standards for the preparation and submission of required plans for landscape, screening and tree preservation: A.

Landscape Plan Required A landscape plan following the standards set forth in this Division shall be required for all projects requiring Site Plan Review. The Landscape Plan shall be prepared by a landscape architect, certified nursery professional or master gardener. The Landscape Plan for landscaping on any existing or proposed street right-of-way shall comply with the requirements of the current Arboricultural Specifications and Standards Manual for the City of Galesburg.

Landscape Plans shall be reviewed and approved as a part of the Site Plan Review procedures contained in Article 1 Division 8.

B.

Content of Landscape Plan All landscape plans shall include or have attached thereto the following information: 1.

North arrow, scale, date of plan and any subsequent revisions.

2.

The location and dimensions of all existing and proposed buildings, structures, parking lots and driveways, roadways and rights-of-way, sidewalks, bicycle paths, signs, refuse disposal areas, fences, free standing electrical equipment, light fixtures, other surface utility structures, and other free standing structural features as determined by the Community Development Department, tot lots and other recreational facilities, setbacks and easements. The landscape plan shall be drawn at a scale not smaller than 1" = 100'.

3.

The location, quantity, size at planting, and both scientific and common names of all proposed plant materials.

4.

Existing and proposed contours, including the location of all proposed berming, at a one foot contour interval. Also included shall be the location, extent and general elevations of all detention and retention areas and drainage ways.

5.

Specification of the type and boundaries of all proposed ground cover, including both scientific and common names of all proposed plant materials.

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6.

The designation, location, type, and size of all existing trees 4 inches and larger in diameter measured one foot above natural grade. Any trees to be removed should be clearly identified. Trees measuring between 2 ½ and 4 inches in diameter which will be used to meet landscape requirements shall also be indicated. If required for reasons of clarity, this information may be placed on an additional illustration.

Where existing trees are grouped in a dense cluster, an overall tree mass may be used without a specific delineation of individual trees. If this technique is used, protected trees used to meet site landscape requirements must be tagged on-site and identified on the plan in tabular form.

C.

7.

Details of all fences and walls proposed to be constructed on the site.

8.

Elevations, cross-sections and other site or construction details determined to be necessary by the Community Development Department.

9.

Name of the property owner.

10.

Name of the person/company who prepared the plan.

Timing of Landscape Improvements All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy.

The best times for planting in this area are early spring and early fall. Plants planted in the summer run the risk of dehydration.

If weather conditions or other circumstances beyond the developer's control prevent installation of all or portions of the landscape materials and all other requirements for the issuance of a Certificate of Occupancy have been meet, a letter of credit or a performance guarantee approved by the City Attorney to insure completion of approved landscaping shall be filed with the City Treasurer. The amount of the performance guarantee and the required completion date shall be based on a cost estimate submitted to the Director of Community Development. If such a letter of credit or performance guarantee has already been submitted for the proposed landscape improvements, the City Council may permit the developer to extend the performance guarantee for an additional specified period of time.

SEC. 2-2.3

LANDSCAPE REQUIREMENTS

The following shall establish standards for the landscape improvements required to be installed as part of the development of new buildings, structures and uses of land governed by this Division: A.

General Landscape Objectives Every development shall provide sufficient landscaping so that: 1.

2.

3.

Neighboring properties are shielded from the negative visual influence of that development; The development is shielded from the negative impacts of adjacent uses, including streets.

The appearance and desirability of the development contributes to the overall attractiveness and economic health of the City.

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B.

Flexibility in the Administration of Required Landscape Standards To meet the objectives outlined in Section 2-2.3 (A), the following landscape requirements are hereby established. These standards provide specific requirements for site landscaping.

However, the City recognizes that, because of the wide variety of types of developments and the relationships between them, some flexibility in applying the standards in Section 2-2.3 (D) are appropriate as long as the intent of specified requirements are met. Any deviation of twenty percent (20%) or more from the requirements of any specific requirement of this Division shall require a variance.

Whenever the City allows or requires deviation from the requirements set forth in this Division, specific deviation shall be noted in the Development Review Committee minutes, along with the reasons for allowing or requiring deviation from the requirements of this Division.

C.

Types of Landscaped Areas This article regulates landscaping of five distinct areas of a parcel as follows: 1.

2.

3.

4.

5.

Interior Parkway Perimeter Landscape Area Foundation Area Parking Lots Site Interior Figure 2.6 Landscape Areas

D.

Each area shall be landscaped in accordance with the following criteria: 1.

Interior Parkway Landscaping. An interior parkway shall be provided in all zoning districts identified in the following table:

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Figure 2.7 Interior Parkway Requirements Zoning Classification

Minimum Interior Parkway

R1C - Single Family Attached

25'

R3A - Multi-Family

20'

R3B - Multi-Family

20'

O – Office

25'

B1 - Neighborhood Commercial

10'

B2 - General Commercial*

10'

B3 - Central Business*

6'

M1 - Light Industrial*

20'

M2 - Heavy Industrial

30'

CPD – Comprehensive Planned Development**

30'

I – Institutional

25'

*In the B-2, B-3, M-1 and M2 Districts, this requirement shall be waived where buildings are placed within the interior parkway landscape area. For example if a building is setback 5’ from the lot line in a B2 District, then the interior parkway requirement shall be waived. ** An interior parkway is only required for public street frontage at the periphery of a CPD. Except for access drives, interior parkways shall be landscaped as follows: a. Where parking is provided in the front yard, one tree per 40 feet of street frontage shall be provided. At least 50 percent of the required trees shall be large deciduous or evergreen trees as identified in the Recommended Trees, Shrubs and Ground Cover List (Figure 2.18). Variety of species may vary depending on design intent.

In addition, shrub planting shall screen the parking area from the roadway. This shrub planting shall be a minimum of 3 feet in height and be located within the interior parkway. A maximum of 25 percent of the parking lot frontage may be left unscreened to permit design flexibility. The remainder of the interior parkway shall be planted with ground cover, flowers, or grass. b. Where no parking spaces are located in the front yard, one tree per 50 feet of street frontage shall be provided. At least 50 percent of the required trees shall be large deciduous or evergreen trees (see Figure 2.18). The remainder of the interior parkway shall be planted with shrubs, ground cover, flowers, or grass. c. For corner lots, interior parkways shall be provided along both streets.

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2.

Perimeter Landscape Area The appropriateness of proposed perimeter landscaping will depend upon the relationship between the proposed use of the property and adjacent properties. Three types of perimeter screening have been defined. The particular type of screening that will be required shall depend upon the relationship of the proposed land use and the adjacent land use. Type 1 screening shall generally be required between residential and non-residential uses. Type 2 perimeter landscape screening shall generally be required to provide screening of parking areas between adjacent non-residential uses. Type 3 perimeter landscape screening shall generally be required between single and multifamily residential areas.

Figure 2.8 Interior Parkway Landscaping with parking in front yard (E.1.a.)

Figure 2.9. Interior Parkway Landscaping with no parking in front yard (E.1.b.)

Minimum perimeter landscape requirements shall be as follows: a. Type 1 Screening. Type 1 perimeter landscape requirements are designed to provide a substantial buffer between residential and non-residential uses. Where Type 1 Screening is required, one of the following three buffering alternatives shall be required. The property owner may select the buffering alternative which best meets the configuration of the site and the proposed development. All fences, walls and hedges shall comply with Section 1-3.4 of the DO.

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(1) Alternate A: The buffering area shall be a minimum of 8 feet in width for this alternative.

An opaque brick or other approved decorative masonry wall 6 feet high shall be constructed along the entire perimeter, excluding area within the required front yard setback. The wall may be continued within the front yard provided the height is reduced to 4 feet. If the proposed use is for a mining operation or for related building or structure for screening, crushing, mining, washing or storage, the required masonry wall shall be 8' high. In addition, large deciduous trees in a quantity equal to one tree per 75 feet of perimeter length shall be provided. Tree spacing shall be determined by tree species and design considerations, and are not required to be evenly spaced.

(2) Alternate B: A minimum 12 foot average buffer area shall be required for this alternative. A fence of wood or other approved material 6 feet high and at least 75% opaque shall be constructed along the entire perimeter, excluding area within the required front yard setback. The fence may be continued within the front yard provided the height is reduced to 4 feet. If the proposed use is for a mining operation or for related building or structure for screening, crushing, mining, washing or storage, the required masonry wall shall be 8' high. In addition, shrubs shall be planted within the buffer area at a minimum rate of 10 per 100’, massed appropriately in clusters. Large deciduous trees shall be provided in a quantity equal to one tree per 60 feet of perimeter length.

City of Galesburg Development Ordinance Article 2 - General Development Standards

Figure 2.10 Type 1 Screening Alternate A

Figure 2.11 Type 1Screening Alternate B

March, 2010 Page 2-18

(3) Alternate C: A minimum 25 foot buffer area shall be required for this alternative. A berm at least 3 feet in height with a maximum 3:1 slope shall be constructed along the entire perimeter. Breaks in the berm may be provided as appropriate to accommodate drainage. The berm shall be planted with shrubs 4 feet or greater in height to provide screening along at least 75 percent of the perimeter length. Trees shall be provided in a quantity equal to one tree per 60 feet of perimeter length. Tree spacing shall be determined by tree species and design considerations.

Up to 25 percent of the required trees in this screening alternative may be small deciduous trees.

Figure 2.12 Type 1 Screening Alternate C

b. Type 2 Screening. Type 2 perimeter landscape requirements are designed to screen parking areas from adjacent non-residential uses. Where a parking lot will be placed along a perimeter such that parked cars will face the abutting property, shrubs and trees shall be required. Shrubs shall be provided along at least 50 percent of the length of the parking area. Shrubs shall be a minimum of three feet (3') in height at maturity when screening a parking lot. Trees shall be provided in a quantity equal to one large deciduous tree per 60 feet of parking lot length. Tree spacing shall be determined by tree species and design considerations. Up to 25 percent of the required trees in this screening alternative may be small deciduous trees. If the proposed use is for a mining operation or for related building or structure for screening, crushing, mining, washing or storage, an eight feet (8') high fence or wall shall be provided along the perimeter in lieu of parking lot screening (see Figure 2.13). c. Type 3 Screening. Type 3 perimeter landscape screening is generally required between single and multi-family residential areas. Where a type 3 screen is required berming, trees, and shrubs shall be provided to create a visual separation between properties. Appropriate berm height will depend on the width of the landscape area, with no berm having a slope greater than 3:1. A minimum of 60 percent of the length of the perimeter shall be planted with shrubs that will reach a height of at least 6 feet. Trees shall be provided in a quantity equal to one tree per 60 feet of perimeter length. Tree spacing shall be determined by tree species and design considerations. Up to 25 percent of the required trees in this screening alternative may be small deciduous trees (see Figure 2.14).

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Figure 2.13 Type 2 Screening

Figure 2.14 Type 3 Screening

3.

Foundation Area Landscaping A minimum 3 foot wide landscape area is recommended adjacent to all building walls, (exclusive of driveways, access walks, and service and delivery areas). Planting should emphasize softening large expanses of building walls, accenting building entrances and architectural features, and screening mechanical equipment. Where extended roofs or canopies are used to provide a covered walkway adjacent to a building, foundation plantings are not required. However, landscaping is recommended to separate vehicular areas from buildings.

4.

Parking Lot Landscaping Landscaping shall be required within all parking lots containing 20 or more parking spaces and/or at least 6,000 square feet in area, to meet the following standards: a. There shall be a minimum 7 foot wide (measured from back of curb) curbed planting island at both ends of every parking row. The depth of the planting island shall be equal to the depth of the parking stalls. b. All trees within a landscape island shall be pruned to have branching starting no less than 6’ above the pavement. c. All single islands shall have one tree, and all double islands shall have two trees (see Figure 2.15). d. To break up long expanses of parking rows, landscape islands are required. One of the following three alternatives shall be used to divide rows of 20 or more parking spaces.

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Figure 2.15 Parking Lot Landscaping

Figure 2.16 Alternatives A-C for Parking Lot Landscaping (1) Alternative A - A continuous curbed landscape island between rows may be provided in lieu of full space planting islands between parking rows.

Where such a continuous island is provided, it shall be a minimum of 7 feet in width and shall contain a minimum of one tree per 20 spaces.

(2) Alternative B - A maximum of 20 parking spaces will be permitted in any parking row. A curbed island at least 7 feet-wide and as deep as the parking space shall be provided to divide the row length. There shall be a minimum of one large deciduous tree per island.

(3) Alternative C – A maximum of 10 parking spaces will be permitted in any parking row. Smaller curbed planting islands shall be a minimum of 6 and ½ feet by 6 and ½ feet (measured from back of curb to back of curb). There shall be a minimum of one large deciduous tree per island.

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e. In addition to required trees, an appropriate planting of shrubs, ground cover plants, flowers, sodded lawn and mulch shall be provided within all landscape islands. To insure visibility, shrubs shall not exceed a mature height of 30 inches above pavement on landscape islands at the end of parking rows.

5.

Site Interior Landscaping.

On parcels with more than one structure, the open space between buildings shall be appropriately landscaped to provide: a. Screening of adjacent dwelling units b. Screening and shading to improve energy efficiency c. A visually appealing living environment The planting of trees is the most effective means of defining and enhancing open space areas.

As the appropriate quantity and location of trees will be dependant upon the site and building configuration of individual developments, each project will be evaluated independently. However, open space areas within the interior of a site should generally contain a minimum of one tree per 5,000 square feet of open space.

Fig 2.17 Appropriate Planting heights

Other landscape features, including shrubs, flowers, ground cover, grasses, and berming should be used as appropriate method to enhance the overall appearance and function of the open space area.

E.

Landscape Design Requirements Functional activities within and adjoining the development site must be considered in the design of landscape improvements, including consideration of the following: 1.

Service Area Screening. All service areas shall be screened from view through the use of evergreen plant materials, a fence, or masonry screen wall compatible with the proposed building design. a. Trash dumpsters and other waste receptacles or equipment shall be screened with a fence or 3 sided brick or other approved masonry walls at least 6 feet in height, with a solid, attractive single or double access gate on one side only.

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b. All utility equipment (air conditioners, transformers, etc.) shall be provided with appropriate planting screens. All dish antennas greater than 36” in diameter shall be adequately screened from adjoining properties by an opaque wall, fence, hedge or berm. c. All loading areas shall be fully screened so as not to be visible from adjoining rights-of-way and property zoned for any residential use. d. All outdoor storage facilities for fuel, raw materials and products within five hundred feet (500') of a residential district shall be effectively screened and enclosed by a solid wall or fence eight feet (8') in height. If materials to be stored outdoors are in excess of eight feet (8') in height, then landscape screening shall be provided in addition to the fence or wall installed along the outside perimeter of the fence or wall, equal or exceeding the height of the materials to be stored outdoors.

2.

Intersection Visibility. Landscaping must be designed and installed to minimize potential obstruction of critical sight lines.

Landscape planting shall be so designed as to avoid obstruction of a motorist's vision at the intersections of outlot access drives and ring roads, access roads, alleys or municipal streets. Unobstructed visibility between 2 and ½ feet and 8 feet above the height of the paved surface of the access road must be maintained at all intersections. To maintain this visibility, no shrubs or other landscape material which will reach a mature height greater than 2 and ½ feet shall be permitted in the sight triangle (see Fig. 1.7 in Section 1-3.2). Trees are allowed in these critical visibility areas if the lowest branching begins not less than 6 feet above the pavement.

3.

All parking area island planters should be over-excavated to a 2 foot depth for their entire width and length, backfilled with an appropriate mix of topsoil, peat moss and nutrients to replace the excavated material, and shall be compacted, leaving a crowned or mounded top.

4.

Berming shall not exceed a maximum slope of 3:1 except in parking islands, where the maximum slope shall not exceed 2:1.

5.

Mulch materials shall be shredded bark or other organic material best suited for the City of Galesburg. Gravel and stone mulches are not permitted, unless specifically approved in writing by the Director of Community Development. Mulch beds at time of planting shall extend a minimum of 2 feet beyond the center of a shrub.

6.

All wood fences proposed to be used to meet perimeter screening requirements shall be of red cedar, redwood, cypress, or other approved decay resistant treated wood, at least 6 feet high, and of solid construction. Wood fences shall be not less than 75 percent opaque, with all supporting posts exposed to the lot interior.

SEC. 2-2.4

GUIDE FOR LANDSCAPE PLAN REVIEW

The following guidelines shall be considered in reviewing the design and implementation of landscape plans in conjunction with review of site plans and special use permits.

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A.

Standards for Plant Materials Materials planted in any development shall comply with the following requirements: 1.

The quality and size of plant material selected shall comply with the latest edition of the "American Standard of Nursery Stock" published by the American Association of Nurserymen unless otherwise indicated.

2.

No artificial plants of any type shall be used to meet the requirements of this Ordinance in any landscape area within the parcel.

3.

Minimum sizes for plant materials at time of installation for all landscape areas shall be as follows:

4.

B.

a.

Deciduous trees shall be a minimum size of 2½" caliper when installed.

Evergreen trees shall be a minimum 6' in height when installed.

b.

Deciduous shrubs (other than dwarf varieties) shall be a minimum of 30 inches in height at time of installation if used as a perimeter screen planting, and 24 inches in height for all other installations. Dwarf varieties and plants normally measured by spread shall be a minimum of 18" in height/spread.

c.

Ground cover shall be so planted and spaced that complete coverage can be obtained within two years after date of installation.

d.

Flower beds and the use of native grasses is encouraged and shall be mass planted in acceptable areas to create color, texture and interest.

Property owners shall be responsible for maintaining all landscaping shown on the approved landscape plan throughout the life of the development. All dead plants shall be replaced with plants which meet original requirements. Annual flower beds shall be replanted each year with flowers adapted to the City of Galesburg. No changes shall be permitted without the approval of the Director of Community Development or his/her designee.

Guide for Landscape Planting The plant materials recommended in Figure 2.18 have minimal maintenance requirements.

However, all landscape material must receive a certain degree of care, especially during and immediately after planting. To protect an investment in new landscaping, the developer should ensure that proper horticultural techniques are followed. The following recommendations are provided as a guide for planting based on current horticultural practice.

1.

The best times for planting are early spring and early fall. Plants planted in the summer run the risk of dehydration.

2.

Plant trees and shrubs at least 3 feet from the back of curb along head-in parking spaces to prevent damage from car overhangs. Mulch, lawn or planted ground cover shall be utilized in this 3 foot area. Aligning trees with the stripes between parking stalls will further help avoid damage.

3.

Dig tree pits at least one foot wider than the root ball.

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C.

4.

Especially in areas where construction activity has compacted the soil, the bottom of the pit should be scarified or loosened with a pick ax or shovel.

5.

After a pit is dug, observe subsurface drainage conditions. Where poor drainage exists, special provisions should be made to ensure proper drainage around the tree.

6.

Backfill should include a proper mix of soil, peat moss, and nutrients. All roots must be completely covered. Backfill should be thoroughly watered as it is placed around the roots.

7.

Plants should remain plumb and level. Newly planted trees may be supported with stakes and ties to hold it firmly in place. Remove stakes and ties after one year.

8.

Spread at least two inches of mulch over plant beds in order to retain moisture and keep down weeds. A three-inch deep saucer should be provided to form a basin around the trunk of the tree. This saucer helps catch and retain moisture.

9.

The lower trunks of new trees may be wrapped with burlap or paper to prevent evaporation and sun scald. The wrapping should remain on the tree for at least one year.

10.

Conscientious post-planting care, especially watering, pruning and fertilizing, is a must for street and parking lot trees. Branches of new trees may be reduced by as much as 1/3 to prevent excessive evaporation.

11.

All landscape plant material (except lawns and areas within public rights-of-way) shall be within 150 feet of an operable hose bib (exterior water source). This provision may be waived if a landscape sprinkler or other appropriate irrigation system is provided.

Lists of Recommended Trees, Shrubs and Ground Cover The following lists indicate plantings which will meet the landscape requirements of this Ordinance. The lists are by no means comprehensive and are intended merely to suggest the types of flora which would be appropriate for these purposes. Plants were selected for inclusion on these lists according to four principal criteria: (i) general suitability for the climate and soil conditions of this area, (ii) ease of maintenance, (iii) tolerance of City conditions, and (iv) availability from area nurseries: Figure 2.18 Recommended Trees, Shrubs and Ground Cover

A.

Large Deciduous Trees Botanical Name Acer platanoides Acer rubrum Acer saccharum Corylus colurna Ginkgo biloba (male only) Gleditsia triacanthos inermis Liriodendron tulipifera Quercus rubra Tilia cordata Tilia tomentosa

City of Galesburg Development Ordinance Article 2 - General Development Standards

Common Name Norway Maple Red Maple Sugar Maple Turkish Filbert Ginkgo or Maidenhair Tree Thornless Honeylocust Tulip Tree Red Oak Littleleaf Linden Silver Linden March, 2010 Page 2-25

Platanus acerifolia B.

Small Deciduous Trees Botanical Name Malus species Carpinus caroliniana Cercis canadensis Cornus mas Cornus alternifolia Crataegus species Magnolia x soulangiana Amelanchier x grandiflora Pyrus calleryana Syringa reticulata

C.

Common Name Techny Arborvitae Upright Juniper Hick's Yew

Small Evergreen Shrubs Botanical Name Pinus mugo Thuja species Juniperus species Taxus species Buxus microphylla Picea abies 'Nidiformus'

F.

Common Name Norway Spruce Colorado Spruce White Spruce Eastern White Pine Austrian Pine

Large Evergreen Shrubs Botanical Name Thuja occidentalis 'Techny' Juniperus Taxus cuspidata 'Hicksii'

E.

Common Name Crabapple American Hornbeam Eastern Redbud Flowering Dogwood Pagoda Dogwood Hawthorn Saucer Magnolia Apple Serviceberry Callery Pear Japanese Tree Lilac

Large Evergreen Trees Botanical Name Picea abies Picea pungens Picea glauca Pinus strobus Pinus nigra

D.

London Plane Tree

Common Name Mugo Pine Arborvitae (Globe, Little Gem,etc.)

Juniper (Armstrong, Pfitzer,etc.)

Yew Boxwood Bird's Nest Spruce

Large Deciduous Shrubs Botanical Name Acer ginnala 'Compactum' Aesculus parvilflora Berberis thunbergii Chionanthus virginicus Forsythia species Cotinus coggygria

City of Galesburg Development Ordinance Article 2 - General Development Standards

Common Name Compact Amur Maple Bottlebrush Buckeye Japanese Barberry White Fringetree Forsythia Smokebush March, 2010 Page 2-26

Cotoneaster lucidus Hamamelis virginiana Rhamnus frangula 'Asplenifolia' Spiraea x vanhouttei Cornus species Syringa species Myrica pensylvanica Viburnum dentatum Viburnum lantana Viburnum opulus Viburnum sieboldii Viburnum trilobum Euonymus alatus G.

Hedge Cotoneaster Common Witch Hazel Cutleaf Glossy Buckthorn Vanhoutte Spirea Dogwood Lilac Bayberry Arrowood Viburnum Wayfaringtree Viburnum Europoean Cranberrybush Viburnum Siebold Viburnum American Cranberrybush Viburnum Burningbush

Small Deciduous Shrubs Botanical Name Berberis thunbergii 'Crim. Pig.' Forsythia x intermedia 'Arn. Dwf' Spirea x bumalda Euonymus alatus 'Compacta' Ribes alpinum 'Green Mound' Potentilla fruticosa Viburnum carlesii 'Compactum' Viburnum opulus 'Compactum'

H.

Common Name Crimson Pigmy Barberry Arnold Dwarf Forsythia Bumalda Spirea (also Anthony Waterer, Frobelii, and Gold Flame) Dwarf Burningbush Green Mound Alpine Currant Bush Cinquefoil Compact Koreanspice Viburnum Compact Cranberrybush Viburnum

Ground Covers Botanical Name Euyonumus fortunei 'Coloratus' Hedera helix 'Thorndale' Pachysandra terminalis Vinca minor Ajuga reptans

Common Name Purpleleaf Wintercreeper Thorndale English Ivy Japanese Pachysandra Periwinkle Buglewood

Notes: 他 他 他

Trees listed in italics are recommended for use as street trees or in parking areas.

Trees used in parking areas and as street trees shall be of a fruitless species.

All listed small deciduous and evergreen shrubs except Potentilla fruticosa are suitable for low screening applications.

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ARTICLE 3 SIGN REGULATIONS DIVISION 1 - GENERAL SEC. 3-1.1

STATEMENT OF PURPOSE AND LEGISLATIVE FINDINGS

A.

The City Council finds and declares that these regulations on outdoor advertising signs are necessary to preserve, protect and promote the public health, safety, morals, aesthetic beauty and general welfare of the City.

B.

The sign regulations, controls and provisions set forth in this article are made in accordance with an overall plan and program for the public safety, area development, preservation of property values, and the general welfare of the City, and are intended to aid in traffic control and traffic safety; lessen congestion of land and air space; provide against undue concentrations of signs which distract and endanger traffic safety and traffic flow; establish reasonable standards for commercial and other advertising through the use of signs in order to maintain and encourage business activity and area development; avoid uncontrolled proliferation of signs; recognize the rights of the public in roads, streets and highways; preserve the wholesome and attractive character of the City; and to recognize that the general welfare includes a community plan that provides for a community that shall be beautiful as well as healthful, spacious as well as clean, and well balanced in its growth and development.

SEC. 3-1.2

APPLICABILITY

No outdoor sign in the City of Galesburg shall be constructed, erected, converted, altered, rebuilt, enlarged, remodeled, relocated or expanded until a permit for such sign has been obtained in accordance with the standards and procedures set out in this Article. However, no permit shall be required for routine maintenance as defined herein.

SEC. 3-1.3

PENALTIES

Any person, firm, or corporation violating, disobeying, neglecting or refusing to comply with or resisting enforcement of any of the provisions of this Article in any way is in violation of this Article and shall be assessed a fine as outlined in the Fee and Fine Schedule. A separate offense shall be deemed committed on each day such violation occurs or continues.

SEC. 3-1.4

EXEMPTIONS

This chapter shall not apply to the following types of signs provided such signs comply with the installation provisions of Section 3-1.9:

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A.

Traffic signs, municipal signs, state signs, legal notices, railroad crossing signs, and similar noncommercial signs in the public interest or erected by a public officer in the performance of a public duty.

B.

Temporary displays, including holiday lights, decorations, painted window areas, works of art, flags (not exceeding 50 sq. ft.), memorial signs, religious or historic symbols, and other displays with no commercial message.

C.

Instructional, not exceeding five (5) square feet in area, which provide direction or warning and are located entirely on the property to which they pertain to identify rest rooms, public telephones, walkways, parking lot entrances and exits, and features of a similar nature or with respect to warnings, "no trespassing," "no dumping," and similar warning signs. Parking lot entrance and exit signs shall not exceed five (5) feet in height. All instructional signs shall be set back at least 18 inches from all property lines.

D.

Non-electrical business nameplates denoting the business name of an occupation legally conducted on the premises, provided that the sign area does not exceed two (2) square feet in area, provided that no more than one sign per principal use may be erected.

SEC. 3-1.5

COMPUTATION

The following principles shall control the computation of sign area and sign height.

A.

Computation of Area of Individual Signs The area of a sign face shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire sign face. The sign area excludes any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.

B.

Computation of Area of Multi-faced Signs The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any Figure 3.1 Area calculation of individual signs point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces.

C.

Computation of Height The height of a sign shall be the measurement from the top of the highest element of the sign to the average level of the finished ground surface, exclusive of any filling or mounding.

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SEC. 3-1.6 ALTERATIONS An existing sign shall not be rebuilt, relocated, enlarged or extended without conforming to the requirements of this article. Such an existing sign, however, may be repaired and maintained. The repair or replacement of existing movable parts or the repainting or reposting of display matters shall not be deemed an alteration.

SEC. 3-1.7 MAINTENANCE A.

B.

All components of a sign shall be kept in good repair at all times. The owner of any sign (existing or proposed) shall be required to have it properly painted, galvanized or otherwise treated to prevent rust and deterioration of all parts and supports of the said sign. The Building Inspector may order the removal of any sign that is not maintained in accordance with the provisions of this chapter.

For any sign or advertising structure that is unsafe or insecure, or is a menace to the public, or is being maintained in violation of the provisions of this DO, the Building Inspector shall give written notice to the owner, agency or person having the beneficial use of the building, structure or premises upon which it is found. If, after notification, the proper person fails to remove or alter the structure so as to comply with the standards of this Section within 15 days after such notice, the Building Inspector is hereby authorized to have such sign or advertising structure removed.

In the event of failure by any party to reimburse the City within sixty (60) days for costs incurred for repair or removal ordered by the Building Inspector, the City Council shall certify the charges for repair or removal to the City’s legal counsel, who will be then authorized to file a Notice of Lien in the Office of the Knox County Recorder of Deeds to foreclose this lien, and to sue the owner of the real estate, or signs permitted, or their agents, in a civil action to recover the money due for all the foregoing services, plus all expenses and reasonable attorney’s fees to be fixed by the court.

Included in the expenses recoverable by the City are the costs of filing the notice of lien, foreclosing said lien, and all litigation costs, together with all office and legal expense incurred in connection with the collection of the amount due.

SEC. 3-1.8 HOUSEKEEPING The immediate premises occupied by the sign shall be kept free and clear of all sign material, weeds, trash, debris and other refuse by the owner or lessee of such sign.

SEC. 3-1.9 INSTALLATION A.

Except for electronic message boards, no sign or its parts shall be permitted to be movable or rotating, nor shall any sign flash or have illuminated effects which convey the illusion of movement.

B.

No sign shall be attached, erected, constructed or maintained so as to obstruct free ingress to or egress from a required door, window, fire escape, or other required exits.

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C.

No sign shall be placed in a manner so as to interfere with required light and ventilation openings (windows, doors, vents or similar devices).

D.

No portion of any sign shall be located closer than eighteen (18) inches from any property line unless otherwise specified in Division 4 of this Article. Signs in the B-3 zoning district, however, may extend over the street right-of-way; provided no part of the sign or its structural mount shall project closer than twenty-four (24) inches from the curbline. It is the duty of the applicant to satisfy itself that all state requirements are met.

E.

Except in any B-3 Zoning District, signs located on corner lots and within thirty (30) feet from the intersection (corner of property) shall not have any portion of the sign face, structure or pole in the area between a height of two and one-half (21/2) feet and ten (10) feet above the top curb line grades of intersecting streets or between a height of three (3) feet and ten and one-half (101/2) feet above the edge of the pavement grade where no curb is present. The foregoing restrictions shall apply to situations existing as of July 6, 2010, as well as situations arising thereafter. (See Figure 3.2)

Fig 3.2 Signs located on corner lots

F.

All signs shall be constructed and installed in accordance with the applicable requirements of the International Building Code, the NFPA National Electrical Code and other ordinances as adopted by the City.

G.

Any illuminated sign located on a lot adjacent to or across the street from any residential district, which sign is visible from such residential district, shall not be illuminated between the hours of midnight and 6:00 a.m. However, signs associated with emergency services may remain on overnight.

H.

Internally illuminated signs shall permit light to shine fully through only the lettering and graphic elements of the sign. The background for such lettering and graphics shall transmit light at a level substantially less than that transmitted through the lettering and graphics.

SEC. 3-1.10 RELOCATION Any sign that is moved to another location, either on the same or other premises, shall be considered a new sign; and a permit shall be secured for any work performed in connection therewith.

SEC. 3-1.11 OBSOLETE OR ABANDONED SIGNS For any sign or advertising structure now or hereafter existing, which advertises a business, commodity, service, entertainment, activity, or event which has been discontinued, or is located on property which has been vacant and unoccupied, the Building Inspector shall give written notice requiring removal of the sign to the property owner, agent or person having the beneficial use of the building, structure or premises upon which it is found. If, after notification, the proper person fails to remove the sign or structure within sixty (60) days after such notice the Building Inspector is hereby authorized to seek owner consent or court City of Galesburg Development Ordinance Article 3 - Sign Regulations

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authorization for removal. However, if the sign structure meets all ordinance requirements for size and location, the owner may keep the existing sign structure provided a blank panel is provided while a new tenant is sought.

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DIVISION 2 – ADMINISTRATION AND ENFORCEMENT SEC. 3-2.1

PERMIT

A.

Required No person shall install, erect, alter, or relocate a sign without first obtaining a permit from the Building Inspector and paying the appropriate fee (see Fee and Fine Schedule for required fees).

B.

Application Application for a sign permit shall be made upon a form provided by the Building Inspector and shall include the following information: 1.

Name, address and telephone number of the property owner.

2.

Name, address and telephone number of the developer if different than property owner.

3.

Address or location of property where sign is to be installed or removed.

4.

Zoning of property where sign is to be installed.

5.

Description of sign to be erected.

6.

Blueprints or drawings of the plans and/or specifications and method of construction, attachment to the building or ground and the position of the sign in relation to the building, structure, or other signs and property lines of the lot to or upon which it is to be erected.

7.

Name, address and telephone number of person, firm or corporation installing or removing the sign, if different from the owner.

8.

Evidence that the person who will install or remove the sign has the appropriate insurance.

9.

When requested by the Building Inspector, a copy of stress sheets and calculations showing that sign and sign structure are designed for dead load and wind pressure in any direction in the amount required by this and other laws and ordinances of the City of Galesburg shall be provided.

C.

Additional electrical permit An electrical permit shall be obtained in addition to the sign permit required by the DO when the sign being installed requires electrical power.

D.

Insurance 1.

Every person applying for a sign permit to install or erect a sign shall file with the City Clerk a policy or certificate of insurance from a company authorized to do business in Illinois.

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2.

Such policy or certificate of insurance shall insure the applicant for public liability and property damage in an amount not less than one hundred thousand dollars ($100,000.00) for any one (1) person injured or three hundred thousand dollars ($300,000.00) for all persons injured and not less than fifty thousand dollars ($50,000.00) for property damage sustained in any one (1) accident.

3.

Such policy or certificate of insurance shall not be canceled or amended in any manner except after thirty (30) days written notice has been given to the Building Inspector.

4.

Such policy or certificate of insurance shall indicate coverage for the installation, erection and maintenance of the sign.

SEC. 3-2.2 A.

APPEALS AND VARIANCES

Appeals and Variances The Planning and Zoning Commission shall have the power to: 1.

Hear and decide appeals by the sign permit applicant where it is alleged there is an error in any order, requirement, decision or determination made by the Building Inspector in the enforcement of this Article.

2.

Grant variances from the requirements of this article where the Building Inspector has denied granting a sign permit as a result of noncompliance with the requirements of this Article. However, no variance shall be considered for any of the off-premise sign regulations in Sec. 3-3.5.

3.

Criteria for decision. The Planning and Zoning Commission shall have the power to grant a variance from the provisions or requirements of this Article only where the following criteria have been considered: a.

The literal interpretation and strict application of the provisions and requirements of this Article would cause undue and unnecessary hardship to the sign user because of unique or unusual conditions pertaining to the specific building or property in question.

b.

The granting of the requested variance would not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

c.

The granting of the variance would not be injurious to the use and enjoyment of other property in the immediate vicinity nor substantially diminish or impair property values within the adjacent area.

d.

The unusual conditions applying to the specific property do not apply generally to other buildings or properties in the City.

e.

The granting of the variance will not be contrary to the general objectives set forth in Section 1-2.5.

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4.

Determination of conditions. In granting a variance, the commission may impose such conditions regarding the location, character or other features of the proposed sign as it may deem necessary to carry out the purpose and intent of this Article.

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DIVISION 3 – REGULATIONS FOR SPECIFIC TYPES OF SIGNS SEC. 3-3.1

AWNING, CANOPY OR MARQUEE SIGNS

A.

No awning sign, canopy sign or marquee sign shall have less than seven (7) feet of clearance between its lowest projection and the ground surface.

B.

Awning signs, canopy signs, or marquee signs shall not project out from the face of the building by more than nine (9) feet.

C.

The top of the awning, canopy or marquee sign shall not extend above the top of the wall.

D.

All awning, canopy or marquee signs shall be securely fastened to a wall by means of metal anchors, bolts, expansion screws or similar connectors.

SEC. 3-3.2 A.

Figure 3.3 Awning and Canopy Signs

DIRECTORY SIGNS

Directory Signs shall be permitted in the B-1, B-2, B-3, CPD, M-l and M-2 zoning districts and erected in accordance with the following standards: 1.

Directory signs shall only be permitted for planned multipleoccupancy developments, such as a regional shopping center, an industrial park or a business park;

2.

Directory signs shall be a free-standing (pole, pylon, or monument) sign, which may be located on the premises or in the immediate vicinity. If said sign is located on a lot other than which it advertises, the sign must be located in a recorded easement that permits the installation of a sign and authorizes access to the party responsible for maintenance and repair of the sign;

3.

Figure 3.4 Directory Sign

One sign shall be allowed at each point of vehicular access. No more than two (2) directory signs shall be permitted for planned multiple-occupancy developments. Planned developments with property adjacent to Interstate 74 or U.S. Highway 34, are allowed one additional Directory sign at the property line adjacent to Interstate 74 or U.S. Highway 34;

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4.

Maximum of 2 sides per sign;

5.

Maximum sign area for a free-standing (pole, pylon, or monument) sign shall be no more than 300 square feet per side for planned multiple-occupancy developments.

6.

No portion of any sign shall be located closer than ten (10) feet from front property lines and eighteen (18) inches from all rear and side property lines;

7.

Maximum height for a free-standing pole, pylon, or monument sign shall be 35 feet.

8.

The tenant panels shall only indicate the name and/or logo of the businesses within the planned development. Tenant panels may be used to display the sale, lease or rental of tenant space or outlots, but shall be removed within 14 days after the sale, lease or rental.

SEC. 3-3.3 ILLUMINATED SIGNS A.

All illuminated signs shall be constructed in accordance with the "Standard for Electric Signs (U.L. 48) of Underwriters Laboratories, Inc."

B.

All electrical material used in any illuminated sign shall bear the label of the Underwriters' Laboratories, Inc.

C.

No sign shall be so illuminated that it interferes with the effectiveness or obscures an official traffic sign, signal or device.

D.

Signs which are not effectively shielded to prevent beams or rays from being directed at any portion of traveled ways and are of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

Fig 3.5 Illuminated Signs

E.

Externally illuminated building identification or other signs shall only use shielded light fixtures mounted on top of the sign structure.

SEC. 3-3.4

GROUND AND MONUMENT SIGNS

A.

The height of a ground or monument sign of which any portion is located closer than ten (10) feet from any front lot line shall not extend above three (3) feet from the ground level.

B.

Except in any B-3 Zoning District, ground or monument signs located on corner lots and of which any portion is within thirty (30) feet from the intersection (corner of the property) shall not

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have any portion of the sign face above two and one-half (2 1/2) feet above the top curb line grades of intersecting streets, or above a height of three (3) feet above the edge of the pavement grades where no curb is present. The foregoing restrictions shall apply to situations existing as well as situations arising thereafter.

Fig 3.6 Monument Sign

SEC. 3-3.5

OFF PREMISE SIGNS

Off-premise signs which conform to the provisions of this article shall be permitted in the following zones: B-1, B-2, B-3, M-1 and M-2. In B-1, they shall be set back to the building setback line or to the front of the actual building line, whichever is less. In the remaining zoning districts where off-premise signs are permitted the setback shall be fifteen (15) feet from all property lines.

A.

Legislative finding and declaration The City Council finds and declares that this section regulating off-premise signs is enacted for the purpose of regulating excess signage, encouraging the positive economic development of the City, promoting the safety of the traveling public, protecting existing property values in both residential and nonresidential areas, preventing the overcrowding of land, promoting a positive community appearance as part of a concentrated city-wide effort to protect and enhance the aesthetics of the City for the enjoyment of all citizens of the City.

The regulations are designed to prevent the over concentration, improper placement, and excessive height, bulk, number, and area. It is recognized that, unlike on-premise identification signs which are actually a part of a business, off-premise signs are a separate and distinct use of the public thoroughfare. With a view to this distinction, outdoor advertising signs are regulated differently from on-premise signs. It is intended that the off-premise signs be located away from residential areas, and that such signs be regulated to protect the character of the area where off-premise signs are located, and to conserve property values in these areas.

B.

Definitions 1.

Off-premise sign means a sign which is supported by one (1) or more poles, uprights, or braces in or upon the ground which are not part of a building, but other than pole or pylon signs as defined in this chapter, and advertises activities, goods, products, services or facilities that are not sold or offered upon the premises where the sign is located, provided, however, any sign authorized in this section is allowed to contain noncommercial copy in lieu of any other copy.

2.

Back-to-back sign means a structure with two (2) parallel and directly opposite signs with their faces oriented in opposite directions located not more than fifteen (15) feet apart. A back-to-back sign shall constitute one (1) sign except for permit fee purposes. There shall be a maximum of two (2) sign faces.

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3.

V-type sign means a sign in the shape of the letter "V" with an angle no greater than forty-five (45) degrees. A V-type sign shall constitute one (1) sign except for permit fee purposes. There shall be a maximum of two (2) sign faces .

4.

Single-faced sign means a sign with copy on one (1) side only.

C.

Spacing of off-premise signs

Fig 3.7 Off-premise sign faces

D.

1.

On all streets and highways within the jurisdiction of this Division, no off-premise sign shall be established within seven hundred fifty (750) feet lineally of any other off-premise sign.

2.

Free-standing off-premise signs shall not be established within seventy-five (75) feet, measured, of any free-standing on-premise sign on the existing lot or applicable adjacent lot(s). This shall be measured from the closest sign base.

3.

Off-premise signs shall not be established within one hundred fifty (150) feet of a residential zoning district, measured from the base of the sign.

4.

Off-premise signs shall not be located within five hundred (500) feet of any park, playground, church or school.

5.

No off-premise sign shall be erected, the top of which is higher than twenty-five (25) feet above the level of the adjoining ground, or the bottom of which is less than ten (10) feet above the ground.

Size of signs 1.

The maximum area for any one (1) off-premise sign facing shall be three hundred (300) square feet inclusive of any border and trim, but excluding the base or apron, supports and other structural members. In the B-1 District, the maximum sign area for an off-premise sign shall be 100 square feet.

2.

The sign area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire sign facing.

3.

Off-premise signs shall not have more than two (2) sign facings for each sign location.

Double stacking of sign facings in a vertical or horizontal configuration is prohibited.

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4.

E.

Signs may be single-faced, single-faced back-to-back, or V-type single-faced. Rooftop and wall-mounted billboards are prohibited.

Other requirements 1.

All off-premise signs, and the area around the base of the signs, shall be maintained in a neat and clean appearance. All structures and poles shall be maintained in an upright position and all papers shall be firmly attached to the sign face. Any grass at the base shall be no higher than twelve (12) inches.

2.

Off-premise signs shall not be illuminated between the hours of 10:00 p.m. and 6:00 a.m. if situated with a display surface closer than five hundred (500) feet from the nearest lot line of a property zoned for residential use.

F.

Concrete footings Off-premise signs shall be set in concrete footings of sufficient size and weight to prevent overturning the signs.

G.

Nonconforming signs Any sign in existence on July 6, 2010, which does not comply with the provisions of this section, may continue in existence until such time as alterations are made to the sign or a new sign is needed. Specifically, a sign shall not be rebuilt, relocated, enlarged or extended without conforming to the requirements of this section. Such a sign, however, may be repaired and maintained. The repainting or reposting of display matters shall not be deemed an alteration.

SEC. 3-3.6

ON-PREMISE FREE-STANDING HIGHWAY IDENTIFICATION POLE SIGNS

In addition to any signs otherwise permitted under this Article, one (1) on-premise free-standing sign used for highway identification, not to exceed three hundred (300) square feet in surface area, and not to exceed eighty (80) feet in height shall be allowed, provided that the following criteria are met: A.

The property is located in a B-2 or CPD district.

B.

All of the property is located within fifteen hundred (1,500) feet of the centerline of Interstate 74 or U.S. Highway 34.

C.

The property is not less than one (1) acre in size.

D.

The business is tourist-traveler oriented, such as hotels and motels, gas stations, truck stops, and restaurants.

E.

On-Premise Free-standing Highway Identification Signs should be setback a minimum of ten (10) feet.

F.

Such signs shall in all other respects be in conformance with all other applicable requirements of this Article.

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SEC. 3-3.7

ON-PREMISE POLE, PYLON SIGNS

A.

On-premise free-standing signs shall be set in concrete footings of sufficient size and weight to prevent overturning the signs.

B.

Projections from pole signs shall be placed at least seven (7) feet above the ground surface, if any portion of the sign is located closer than ten (10) feet from any front lot line.

Fig 3.8 Free-standing pole sign

Except in any B-3 Zoning District, on-premise pole signs located on corner lots and of which any portion is within thirty (30) feet from an intersection (corner of the property) shall not have any portion of the sign face, structure or pole below ten (10) feet above the top curb line grades of intersecting streets, or below ten and one-half (101/2) feet above the edge of the pavement grades where no curb is present. The foregoing restrictions shall apply to existing situations, as well as situations arising thereafter.

C.

Free-standing on-premise signs shall not be established within seventy-five (75) feet, measured, of any free-standing off-premise signs on the existing lot.

SEC. 3-3.8 A.

PERMITTED EXTRA SIGNS

Criteria Certain business operations are hereby found to be unique with respect to their sign requirements and therefore justified to be permitted to have extra signs. These include: 1.

Filling/Service Stations.

Filling/service stations are unique because their primary functions are performed out-ofdoors in a manner prescribed by State statutes. In addition to the signs permitted by other sections of this Ordinance, the following signs are permitted uniquely to filling/service stations. a. b. c. d. e.

Two (2) signs per pump island which designate the function of the island as "selfservice" or "full service". Such signs shall not have more than two (2) faces and shall not exceed three (3) square feet per face.

One (1) sign displaying the price of fuel sold, with a maximum surface area of six (6) square feet per fuel type. Such signs shall not have more than two (2) faces.

One (1) non-illuminated sign identifying the service performed in each service bay may be placed over the opening to each bay. Such signs shall have one (1) face and shall not exceed three (3) square feet each.

One (1) non-illuminated nameplate identifying the owner or operator is permitted adjacent to the doorway of the station. Such nameplate shall have one (1) face and shall not exceed two (2) square feet in area.

Temporary signs advertising batteries, tires, oil or other products which are directly related to motor vehicles, if the signs are located directly adjacent to a display of the product(s) described. Such signs may have two (2) faces, however, their total

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f. g. h.

2.

Theaters.

Theaters are unique because of the rapid turnover of the name of their entertainment product. In addition to the signs permitted by other sections of this Article, the following sign is permitted uniquely to theaters. a. b. c. d.

3.

area shall not exceed fifteen (15) square feet.

One sign over each pump stand not to exceed twenty-four inches (24") in height with length governed by the length of the pump itself.

One Wall Sign on a detached car wash building, provided that it conforms to all other provisions for Wall Signs as stated in this Section.

Any signs required by State or Federal Government.

Each theater may have one (1) sign of up to fifty (50) square feet which will accommodate changeable lettering copy.

A theater's changeable copy sign may have two (2) faces if it is free-standing, but both faces must be parallel and located no more than two (2) feet apart.

A theater's changeable copy sign may be located on a marquee, provided it does not project above or beyond the structural limits of such marquee.

Otherwise, a theater's changeable copy sign shall conform to the regulations for the sign type to which it most nearly resembles.

Unified Business Centers.

Unified business centers are unique because of the concentrated development and their centralized ownership characteristics. In addition to the signs permitted by other sections of this Chapter, the following additional signs are permitted uniquely to Unified Business Centers. a.

b.

c.

A Unified Business Center may have one (1) identification sign for the center per frontage on a collector or higher roadway in addition to the signs permitted for each separate business. The permitted area of such identification sign shall be based upon a ratio of five (5) square feet per one (1) acre of the site, up to a maximum of one hundred and fifty (150) square feet. Tenant identification panels are permitted as part of the permitted square footage of the center identification sign. Otherwise, Unified Business Center identification signs shall conform to the regulations of the sign type to which they most closely resemble.

Unified Business Centers may have common directory signs to guide pedestrians to individual businesses on the site. Such signs shall be limited to one (1) square foot per business listed on the sign. Centers must have a minimum of ten (10) businesses to qualify to have one (1) directory sign and may have one (1) additional sign for each ten (10) businesses.

Unified Business Center Entrance Sign i. Maximum of two (2) signs per entrance. ii. Maximum sign area of thirty-two (32) square feet per side. iii. Maximum of two (2) sides per sign. iv. Minimum setback from property line of ten (10) feet. v. Shall be utilized for identification purposes only (Unified Business Center name, phone numbers and address only).

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SEC. 3-3.9

PROHIBITED SIGNS

All signs not expressly permitted under this Ordinance or exempt from regulation under Section 3-1.4 are prohibited in the City of Galesburg. Such signs include, but are not limited to: A.

Signs containing statements, words or pictures of an obscene or pornographic nature.

B.

Any sign or advertising device painted or displayed on any vehicle or trailer parked on the public right-of-way, public property, or private property so as to be prominently visible from a public rightof-way and parked for the flagrant purpose of providing advertisement of products or directing people to a business or activity.

C.

Signs nailed, tacked or otherwise affixed to trees or other vegetation in such a way as to puncture bark.

D.

Handbills, posters, notices, or similar attention gathering devices posted or affixed on traffic control boxes, signs, lamp poles, utility poles, or traffic control support.

E.

Animated signs

F.

Any sign attached to a chimney, on a fence or fence-type wall, retaining wall, fence post, refuse enclosure, utility box, storage shed, satellite dish, antenna, or other accessory structure.

G.

Any additional or subsequent sign painted on, attached, or otherwise affixed to poles or permitted signs.

H.

Portable signs.

I.

No sign shall be constructed which resembles any official marker erected by the City or any other government agency.

J.

No person shall place, maintain or display upon or in view of any street or highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic-control device, railroad sign or railroad signal, or which attempts to direct the movement of traffic.

Figure 3.9 Portable Sign

K.

No person shall place, maintain or display upon or in view of any street or highway any sign which hides from view or interferes with the movement of traffic, or inhibits the effectiveness of any trafficcontrol device, railroad sign or railroad signal.

L.

No person shall place, maintain or display upon any street or highway any traffic sign or signal bearing thereon any commercial advertising.

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SEC. 3-3.10

PROJECTING SIGNS

A.

A clear space of not less than eight (8) feet shall be provided between the lowest portion of the sign and the ground surface.

B.

Projecting signs shall be securely attached to building or structure by metal anchors, bolts, anchors, chains, rods or guys or similar connectors.

C.

No nails or staples shall be used to secure any projecting sign to a building or structure.

Fig 3.10 Projecting sign

SEC. 3-3.11

PUBLIC, CORPORATE AND ANCILLARY FLAGS

The display of Public, Corporate and Ancillary Flags shall be permitted subject to the following requirements. These regulations are designed to control the use of permanent flagpoles or staff upon which the flag is located and the relationship of the flag to the flagpole or staff. Flags and flagpoles do not require a specific sign permit. Flags shall be permitted in all zoning districts subject to the following requirements: A.

Flags shall be displayed only on permanent flagpoles or staffs designed and constructed specifically and exclusively for flag display. No Public, Corporate or Ancillary Flag shall be displayed on or attached in any manner to light poles, sign poles, trees, vehicles, or similar structures or objects.

The temporary display of flags where such requirements are impractical, such as a parade, holidays, or special events, shall be deemed to be acceptable.

B.

There shall be a maximum of one (1) flagpole per one hundred (100) feet of frontage within nonresidential zoning districts.

C.

Flagpoles shall be set back a minimum of ten (10) feet from the property line.

D.

The display of more than two (2) flags per flagpole shall be prohibited.

E.

The height of a flagpole shall be in proportion to the scale of the building to which the pole relates, and in no case shall it be higher than the following height limitations:

F.

The vertical length of a Pole Height Measured from Grade permitted single flag on a Building Height flagpole or staff shall not Single-Family Uses Twenty-five (25) feet exceed one-quarter (1/4) of the length of the pole or staff All Other Uses upon which the flag is hung.

0 - 25 feet Thirty (30) feet Under no circumstances shall any flag exceed fifty (50) 25.1 feet or higher Thirty-five (35) feet square feet in surface area.

The official flag of the United States of America is exempt from this size restriction.

Figure 3.11 Flag Pole Height Regulations

City of Galesburg Development Ordinance Article 3 - Sign Regulations

March, 2010 Page 3-17

G.

Flags shall be displayed in such a manner that no portion of the flag shall project over any property line or contact any other structure when fully extended.

H.

Flags shall not be mounted on or over roofs or roof lines in any fashion. Wall mounted public and Corporate Flags shall be displayed from flagpoles or staffs not to exceed ten (10) feet in length. No portion of such flagpoles or staffs shall extend above the roof line or over a property line.

I.

Public Flags shall be maintained in an orderly fashion, and in clean and good condition. The Official Flag of the United States of America shall be displayed in accordance with The Flag Code, Title 36, U.S.C., Chapter 10, as amended by P.L. 344, 94th Congress, approved July 7, 1976, or as amended in the future. All other Public Flags should be displayed in accordance with the same standards of respect and protocol.

J.

Corporate and Ancillary Flags shall be maintained in an orderly fashion, and in clean and good condition. Tattered or torn flags shall be removed or replaced promptly.

SEC. 3-3.12

ROOF SIGNS

A.

All roof signs shall be secured to masonry bearing walls, columns, girders or roof joists by metal anchors, bolts, anchors, chains, rods or guys or similar connectors.

B.

A roof sign shall not extend above the roof line or top of a parapet wall by more than fifteen (15) feet.

Fig 3.12 Roof sign

SEC. 3-3.13 A.

SPECIAL SIGNS

Flashing signs: 1.

Flashing signs shall not be used in a manner that will create a traffic hazard or where their use may be confused with traffic-control devices or emergency vehicle signals.

2.

The flashing bulb in a flashing sign shall not be larger than a forty-watt incandescent bulb.

3.

The bulb in a traveling light sign shall not be greater than a forty-watt incandescent bulb.

4.

Flashing signs may only be located in a B or CPD District

City of Galesburg Development Ordinance Article 3 - Sign Regulations

March, 2010 Page 3-18

B.

C.

D.

Permanent electronic message signs: 1.

Electronic message signs may be incorporated into a single- or multi-tenant sign face such that the electronic message sign face occupies less than fifty (50) percent of the total area of the sign face.

2.

The sign message shall periodically include information such as time, temperature or other messages of interest to the traveling public.

3.

The sign message shall not consist of flashing, oscillating, chasing or animated lights, and shall not change more frequently than once every two (2) seconds.

4.

The sign structure shall conform to all applicable regulations as specified in this Ordinance.

Permanent manually changeable copy signs: 1.

Changeable copy may be incorporated into a single or multi-tenant sign face.

2.

A Changeable copy face that has been incorporated into a single-tenant sign face such that the changeable copy sign face occupies less than fifty (50) percent of the total area of the sign face.

3.

Changeable copy on a sign face shall be proportional to the entire sign face and shall be integrated into the sign face.

4.

Lettering of changeable copy shall be of a single, simple, easily legible lettering style and shall be uniform in color and in size throughout the changeable copy portion of the sign.

Murals: 1.

Mural signs may only be permitted in the B3 or CPD district.

2.

Murals shall be treated like wall signs for determining maximum sign area and included in the maximum ten (10%) percent of the wall area total area on which the sign or signs are to be placed.

3.

Murals larger than this maximum area may be permitted for community beautification and celebration purposes, such as to identify particular historic resources or special districts.

Any mural which will exceed the maximum area noted shall require Site Plan Review as detailed in Section 1-8.3, including approval by the Planning and Zoning Commission.

SEC. 3-3.14 A.

TEMPORARY SIGNS

General Provisions The following general provisions shall apply to all Temporary signs:

City of Galesburg Development Ordinance Article 3 - Sign Regulations

March, 2010 Page 3-19

B.

1.

Location.

All Temporary Signs, except for community events signs shall be erected only on the property of the permitted use, and shall be set back a minimum of five (5) feet from any public right-of-way.

2.

Illumination.

No temporary sign shall be illuminated.

3.

Construction.

All temporary signs shall be anchored and supported in a manner which reasonably prevents the possibility of the signs becoming hazards to the public health and safety as determined by the Building Inspector.

4.

Number.

Unless a specific number of signs are listed for a particular temporary sign type, only one (1) temporary sign shall be permitted per zoning lot or business.

Temporary Sign Types Temporary signs shall be limited in use to the following types of signs: 1.

Free-standing Signs shall be permitted subject to the following provisions: a. b. c.

2.

Banner Signs shall be permitted subject to the following provisions: a. b. c. d.

3.

Height. Free-standing signs shall not exceed eight (8) feet in height from grade.

Material. Free-standing signs shall be constructed of wood, metal, or other durable material and reasonably supported in or on the ground by adequate bracing.

Surface Area. Free-standing signs shall not exceed thirty-two (32) square feet in surface area per face, and may be single-faced or double-faced.

Height. Banner Signs shall not exceed the height of the first floor of the building, or twelve (12) feet from grade, whichever is greater.

Location. Banner Signs without a permanent frame shall be affixed only to building walls. Banner Signs with a permanent frame may also be affixed to poles.

Number. One Banner Sign shall be permitted per zoning lot or business. If Banner Signs are mounted with a permanent frame, additional Banner Signs are permitted at a ratio of 1 sign per seventy-five (75) feet of lot frontage.

Surface Area. Banner Signs shall not exceed thirty-two (32) square feet in surface areas.

Beacon or Search Lights may be permitted in connection with grand openings or special events provided: a. b.

Direction of Illumination. Lights must be oriented skyward not breaking an angle of forty-five (45) degrees from the ground.

Duration. The Sign(s) may be displayed for no more than seven (7) days. Upon expiration of said seven (7) days, the use of said sign shall be discontinued and no

City of Galesburg Development Ordinance Article 3 - Sign Regulations

March, 2010 Page 3-20

c.

4.

Political Signs shall be allowed without permit, provided that: a. b. c. d.

5.

Duration. The sign(s) may be installed no earlier than sixty (60) days prior to the election or referendum, and shall be removed within three (3) days after the election or referendum.

Location. The sign shall be placed on private property and set back from any public right-of-way.

Number. There shall be a maximum of one Political Sign per candidate per lot.

Size and Height. In residential districts, the sign shall not exceed eight (8) square feet in surface area, and shall not exceed four (4) feet in height from grade. In nonresidential districts, a free-standing sign shall not exceed thirty-two (32) square feet in surface area, and shall not exceed six (6) feet in height from grade.

Garage/Yard Sale Signs shall be permitted, provided that: a. b. c. d.

6.

beacon or search lights advertising the same business or establishment shall be reinstalled or re-erected for a period of six (6) months.

Number. Only one unit shall be permitted per zoning lot.

Duration. The sign shall not be placed or erected for more than three (3) consecutive days at the location of the sale.

Number. One (1) sign shall be permitted for each lot where the garage/yard sale is being held.

Size and Height. The sign shall not exceed four (4) square feet in surface area per side, with a maximum of two (2) sides allowed per sign. The sign shall not exceed four (4) feet in height from grade.

Location. Signs shall not be posted in the right of way or on utility poles.

Balloon and other inflatable signs: a.

Inflatable signs shall be allowed in all zoning districts.

b.

Permit applicants for inflatable signs in unified business centers, multi-tenant office buildings, or shopping centers must furnish a statement from the property owner consenting to a seven (7) day “rest period� between installation of balloons for units/tenants within the shopping center or building.

c.

Under no circumstances shall inflatable permits be issued simultaneously for businesses within the same unified business center, multi-tenant office building, or shopping center.

d.

The application for a permit for an inflatable sign must meet the following minimum requirements: (1)

The applicant shall pay (in addition to the permit fee) a refundable deposit of one hundred dollars ($100.00) payable to the City of Galesburg as a condition precedent to the issuance of the permit. This payment shall be

City of Galesburg Development Ordinance Article 3 - Sign Regulations

March, 2010 Page 3-21

made in addition to and separate form payment of applicable fees for an inflatable sign;

e.

SEC. 3-3.15

(2)

Compliance with safety measures prescribed by the community development department;

(3)

Within twenty-four (24) hours after the expiration of the grand opening permit, the balloon shall be removed from the premises;

(4)

In the event the device is not removed within the time period specified in the permit, the applicant shall forfeit the deposit.

Display of all inflatable signs is limited to fourteen (14) days per business per year.

UNIFIED BUSINESS CENTER SIGN PLAN

No permit shall be issued for a sign to be located in a Unified Business Center until a coordinated design plan has been approved for the center and the sign complies with the provisions thereof.

A.

Unified Business Center Sign Plan Approval Approval of a Unified Business Center sign plan shall be at the discretion of the City Council, after review and recommendation of the Planning and Zoning Commission, and in accordance with the criteria noted herein.

B.

Application Content In addition to the requirements listed for permit applications in Section 3-2.1, the application for a Unified Business Center sign plan shall include a format for all signs to be used in the center, including their maximum size, color, location, illumination details, lettering type, and mounting details.

C.

Criteria The criteria used by the City in its review of the proposed Unified Business Center sign plan shall include: 1.

Scale and Proportion Every sign shall have good scale and proportion in its design and in its visual relationship to the other signs, buildings and surroundings.

2.

Integral Elements The signs in the plan shall be designed as integral architectural elements of the building and site to which they principally relate and shall not appear as incongruous "add-ons" or intrusions.

3.

Harmony The colors, materials and lighting of every sign shall be harmonious with the building and site to which it principally relates.

City of Galesburg Development Ordinance Article 3 - Sign Regulations

March, 2010 Page 3-22

4.

Effective Composition The number of graphic elements and letters shall be held to the minimum needed to convey each sign's message and shall be composed in proportion to the area of the sign's face.

5.

Compatibility Each sign shall be compatible with signs within the proposed Unified Business Center.

6.

Unified Image The effect of the signs proposed in the plan shall be the establishment of a unified image for the center.

SEC. 3-3.16

WALL SIGNS

A.

All wall signs shall be securely fastened to a wall by means of metal anchors, bolts, expansion screws or similar connectors.

B.

A wall sign which is attached to a wood wall must be anchored with wood blocks used in connection with bolts and screws.

C.

An unbraced parapet wall shall not be used to entirely support a wall sign.

D.

The ends of a wall sign shall not extend beyond the ends of the wall surface on which it is mounted.

E.

A wall sign shall not project out more than fifteen (15) inches from the wall surface on which it is mounted.

F.

The top of a wall sign shall not extend above the top of the wall.

City of Galesburg Development Ordinance Article 3 - Sign Regulations

Fig 3.13 Wall sign and area measurement

March, 2010 Page 3-23

DIVISION 4 – RESTRICTIONS BY ZONING DISTRICT SEC. 3-4.1

AG AND R DISTRICTS

The following signs shall be permitted in the AG, ER, R1A, R1B, R1C, R2, R3A, and R3B zoning districts when erected in accordance with the following standards A.

Real estate signs 1.

2.

3.

4.

5.

6.

7.

Maximum of one (1) sign per property.

Maximum sign area of eight (8) square feet per side.

Maximum of two (2) sides per sign.

Sign shall be located on the premises and not the public right-of-way.

Must be removed within fourteen (14) days after the sale, lease or rental.

Must be non-illuminated.

No permit required.

Figure 3.14 Real estate sign

B.

Contractor or developer sign for developments containing five or more lots or units 1.

2.

3.

4.

5.

6.

C.

Contractor or developer sign for single lot 1.

2.

3.

4.

5.

6.

7.

D.

Maximum sign area of thirty-two (32) square feet per side.

Maximum of two (2) sides per sign.

Minimum setback from property line of ten (10) feet.

Permitted only during time of actual construction or development.

Must be nonilluminated.

No permit required.

Maximum of two (2) signs per property.

Maximum sign area of six (6) square feet per side.

Maximum of two (2) sides per sign.

Signs shall be located on the premises and not in the public right-of-way.

Must be removed within fourteen (14) days after completion of construction.

Must be nonilluminated.

No permit required.

Home occupation sign 1.

2.

3.

4.

5.

Maximum of one (1) sign per dwelling unit.

Maximum sign area of one (1) square foot per side.

Maximum of two (2) sides per sign.

Must be affixed to wall of building or to yard light, but not within ten (10) feet of the front property line.

Must be nonilluminated.

City of Galesburg Development Ordinance Article 3 - Sign Regulations

March, 2010 Page 3-24

6.

E.

Sign or bulletin board for church, public and semipublic buildings, hospitals, nursing homes, institutions and public and parochial schools 1.

2.

3.

4.

5.

F.

4.

5.

Maximum of one (1) sign per building.

Maximum sign area of twelve (12) square feet.

Shall be affixed to building (wall sign) or provided a minimum setback from property line of ten (10) feet.

Shall be nonilluminated or illuminated by indirect lighting.

Shall be utilized for identification purposes only (name, phone number and address only).

Apartment complex sign (two (2) or more structures with a total of at least sixteen (16) units) 1.

2.

3.

4.

5.

6

I.

Maximum of two (2) signs per entrance.

Maximum sign area of twenty (20) square feet per side.

Maximum of two (2) sides per sign.

Minimum setback from property line of ten (10) feet.

Shall be utilized for identification purposes only (subdivision or manufactured home park name, phone numbers and address only).

Apartment building sign (over 8 units) 1.

2.

3.

H.

Maximum of two (2) signs per facility.

One (1) wall sign of no greater than five (5) percent of the wall area on which the sign will be placed.

One (1) monument sign/bulletin board of no greater than thirty-two (32) square feet per side with a maximum of two (2) sides per sign.

Minimum setback from property line of ten (10) feet.

Maximum height not to exceed six (6) feet.

Subdivision or mobile home park entrance sign 1.

2.

3.

4.

5.

G.

No permit required.

Maximum of one (1) sign per complex.

Maximum sign area of thirty-two (32) square feet.

Minimum setback of ten (10) feet from property line.

Shall be wall (affixed to building) or monument sign.

Shall be nonilluminated or illuminated by indirect lighting.

Shall be utilized for identification purposes only (name, phone number and address only).

House or building number sign 1.

2.

3.

4.

5.

One (1) sign per dwelling unit.

Characters shall be at least three (3) inches high.

Color of sign shall contrast with the color of the house or building.

Shall be affixed to structure and adjacent to main door.

No permit required.

City of Galesburg Development Ordinance Article 3 - Sign Regulations

March, 2010 Page 3-25

J.

Business use sign 1.

2.

SEC. 3-4.2

Maximum of one (1) sign per business.

Requirements of appropriate sign type for B-1 zoning shall apply except that pole signs are not permitted in AG or R zoning districts.

O AND I DISTRICTS

The following on-premise signs shall be permitted and erected in accordance with the following standards: A.

On-premise free-standing (pole, pylon, ground or monument) sign 1.

2.

3.

4.

5.

6.

7.

8.

B.

On-premise wall, projecting and roof signs 1.

2.

3.

4.

C.

D.

One (1) sign per lot.

Maximum sign area of thirty-two (32) square feet per side.

Maximum of two (2) sides per sign.

Minimum setback from the property lines of ten (10) feet.

Shall be nonilluminated or illuminated by indirect lighting of constant intensity. All lighting shall be designed and located so as to confine direct rays to the premises and away from adjoining residential uses.

Maximum height of five (5) feet for monument or fifteen (15) feet if pole mounted.

Uses in the I District may include changeable copy within the total permitted sign area.

Pole signs shall not be permitted in the O District.

Maximum of one (1) sign per business.

Total area of sign shall be no greater than five (5) percent of the wall area on which the sign is to be placed. For roof signs, the sign shall be no more than five (5) percent of the wall facing the street.

Shall be nonilluminated or illuminated by indirect lighting of constant intensity. All lighting shall be designed and located so as to confine direct rays to the premises and away from adjoining residential uses.

Wall, projecting and roof signs should face the street, and shall not be located on the side of a business adjacent to a residential use.

Awning, canopy or marquee signs Shall be nonilluminated or illuminated only from above by indirect lighting of constant intensity. All lighting shall be designed and located so as to confine direct rays to the premises and away from adjoining residential uses.

Real estate, contractor or developer signs 1.

2.

3.

Maximum sign area of thirty-two (32) square feet per sign.

Sign shall be removed within fourteen (14) days after the sale, lease or rental. Contractors shall remove their signs within fourteen (14) days after project completion.

No permit required.

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March, 2010 Page 3-26

SEC. 3-4.3

B-1, B-2, B-3, AND CPD DISTRICTS

The following on-premise signs shall be permitted and erected in accordance with the following standards: A.

On-premise free-standing (pole, pylon, ground or monument) sign 1.

2.

3.

4.

5.

6.

B.

On-premise wall, projecting, and roof signs 1.

2.

3.

C.

One (1) sign per lot.

Maximum sign area of one hundred (100) square feet per side.

Maximum of two (2) sides per sign, back to back.

Heights. Pole and pylon signs shall have a maximum height of twenty (20) feet. Monument signs shall have a maximum height of ten (10) feet in any B-2, B-3, or CPD zoning district, and a maximum height of six (6) feet in any B-1 district.

Free-standing signs may incorporate changeable copy within the total permitted sign area.

Minimum setback from the property line of ten (10) feet.

Total area of all signs shall be no greater than ten (10) percent of the wall area on which the sign or signs are to be placed. Permissible roof sign size will be based on the wall area of the wall facing in the same direction as the sign and shall be included in the total 10 percent permitted.

Wall, projecting and roof signs should face the street, and shall not be located on the side of a business adjacent to a residential use.

Projecting signs must comply with the installation requirements of Section 3-3.10.

Canopy or marquee sign 1.

2.

3.

4.

Number. There shall be a limit of one (1) canopy or one (1) marquee sign per lot or per establishment, erected for the purpose of identifying the establishment, except as otherwise provided for in this Subsection, and provided that no wall signs are directed to the same street frontage.

Location. Canopy/Marquee Signs may be mounted on the face (vertical edges only) of the Canopy/Marquee proper.

Signable Area. The signable area for Canopy/Marquee Signs shall not extend beyond the Canopy/Marquee face on which the sign is located. No sign or portion of a sign shall exceed the borderline of any outer edge of said Canopy/Marquee. No sign shall be placed on or over the roof of said Canopy/Marquee.

Setback. Must be at least two (2) feet back

City of Galesburg Development Ordinance Article 3 - Sign Regulations

Figure 3.15 Canopy Sign March, 2010 Page 3-27

from the curb line.

5.

6.

7.

8.

9.

10.

11.

12.

Surface Area. The surface are of a Canopy/Marquee sign shall not exceed ten (10) square feet, or thirty (30) percent of the signable wall area of a Canopy/Marquee, whichever is greater. A multiplebay Canopy/Marquee, such as drive-up lanes at a financial institution, may have a sign for each bay, provided that the sum total of all such signs does not exceed thirty (30) percent of the surface area of the face of the Canopy/Marquee that faces a public street or private drive.

Projection. No Canopy/Marquee Sign shall project more than eight (8) inches from the Canopy/Marquee proper.

Ground Clearance. A clearance of seven (7) feet shall be maintained from the lowest point on the Canopy/Marquee to the Grade or walkway under said Canopy/Marquee.

Figure 3.16 Marquee Sign Shape. The outlined shape and silhouette of a Canopy/Marquee Sign shall be simple and compatible with the building it is mounted on.

Shapes that disrupt the architectural order and composition of a building facade are not acceptable.

Scale and Proportion. Canopy/Marquee Signs shall be harmonious in scale and proportion with the building they are mounted to and with the architectural elements of the building, such as windows, cornices, sign friezes, and bays. A Canopy/Marquee Sign shall not visually overpower those elements nor detract from the composition of the building facade.

Material. Canopy/Marquee Signs shall be constructed of a non-combustible type material compatible with the building materials.

Illumination. Canopy/Marquee Signs may only be internally illuminated.

In addition to the signs Under-Canopy Signs. permitted in this subsection, one (1) Under-Canopy Sign shall be permitted to be erected above a general public entrance into the establishment in order to identify said establishment, provided that: i. A minimum clearance of seven (7) feet from the walkway is maintained. ii. Such signs shall be placed perpendicular to the building, with the top edge of the sign fastened to the bottom edge of the Canopy. iii. Such signs shall not exceed three (3) square feet in surface area. iv. Such signs may only be internally illuminated. v. A limit of one (1) sign per establishment shall Figure 3.17 Under Canopy Sign be permitted.

City of Galesburg Development Ordinance Article 3 - Sign Regulations

March, 2010 Page 3-28

D.

Awning Signs Lettering and business logo may be painted or otherwise affixed to any permissible awning subject to the following regulations: 1.

2.

3.

E.

F.

On-Premise Free-standing Highway Identification Signs 1.

B-1 and B-3 zoning districts: not permitted.

2.

B-2 and CPD: On Premise Free-standing Highway Identification Signs should be setback a minimum of ten (10) feet.

Figure 3.18 Awning sign

Real estate, contractor or developer sign 1.

4.

5.

Maximum sign area of thirty-two (32) square feet per side.

Maximum of two (2) sides per sign.

Minimum setback from property line of ten (10) feet. No setback of signs in B3 district required.

Must be non-illuminated.

Sign shall be removed within fourteen (14)

6.

days after the sale, lease or rental.

Contractors shall remove their sign(s) within fourteen (14) days of project completion.

No permit required.

2.

3.

G.

Lettering and business logo shall not project above, below or beyond the physical dimensions of the awning.

Lettering and business logo shall be the minimum necessary to identify the name of the business, building or address. If, however, the awning is to be used as the primary signage for the site, area limitations shall be consistent with wall sign requirements.

The maximum area of awning signage (lettering and logo) may not exceed the maximum allowed for wall sign areas. Awning signage shall be counted against permitted total wall sign area.

Figure 3.19 - Signage on Awnings

Menu Board Signs In addition to the one (1) permitted free-standing sign, two (2) free-standing single-faced menu board signs shall be permitted per lot or outlot for restaurants with drive-through facilities, provided

City of Galesburg Development Ordinance Article 3 - Sign Regulations

March, 2010 Page 3-29

that such sign does not exceed forty-eight (48) square feet in surface area and eight (8) feet in height.

Such sign may only be internally illuminated. Menu Board Signs shall be permitted only in business or CPD zoning districts.

H.

Sandwich Boards A sandwich board is an A-frame type sign hinged at the apex and folded into a sandwich position when transported or stored. The purpose of this type of sign is to permit businesses located in the B-3 zoning district, to utilize a portion of the City sidewalk adjacent to their place of business for the purpose of advertising.

The following regulations apply to the sandwich board signs: 1.

2.

3.

4.

5.

SEC. 3-4.4

Only one sandwich sign is permitted per business. It must be located directly in front of the premises being advertised and must not interfere with movement of pedestrians; Shall not exceed thirty (30) inches in width and thirty-six (36) inches in height; May be displayed during permitted store hours and when the store is open for business; Shall not require electrical in any form and shall not display lights or contain moving parts.

In the B-3 zoning district a sign must be placed close to building frontage and shall not reduce the width of the sidewalk to less than four (4) feet.

M-1 AND M-2 DISTRICTS

The following on-premise signs shall be permitted and erected in accordance with the following standards: A.

B.

C.

On-premise free-standing (pole, pylon, ground or monument) signs 1.

One (1) sign per lot.

2.

Maximum sign area of three hundred (300) square feet per side.

3.

Maximum of two (2) sides per sign.

4.

Maximum height of twenty (20) feet.

5.

Free-standing signs may incorporate changeable copy within the total permitted sign area.

On-premise wall, projecting or roof signs 1.

In the M-1 zone, the total area for all signs shall be no greater than ten (10) percent of the wall area on which the signs are to be placed.

2.

In the M-2 zone, the total area for all signs shall be no greater than fifteen (15) percent of the wall area on which the signs are to be placed.

Awning, canopy or marquee signs No additional requirements for the M-1 and M-2 zoning districts.

City of Galesburg Development Ordinance Article 3 - Sign Regulations

March, 2010 Page 3-30

D.

Real estate, contractor or developer signs 1.

Maximum sign area of one hundred (100) square feet per sign.

2.

Sign shall be removed within fourteen (14) days after the sale, lease or rental.

3.

No permit required.

City of Galesburg Development Ordinance Article 3 - Sign Regulations

March, 2010 Page 3-31

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City of Galesburg Development Ordinance Article 3 - Sign Regulations

March, 2010 Page 3-32

ARTICLE 4 SUBDIVISION REGULATIONS DIVISION 1 - GENERAL SEC. 4-1.1

PURPOSE

Because each new subdivision accepted by the City becomes a permanent unit in the basic physical structure of the community, all subdivisions hereafter planned within the incorporated limits of the City and within the unincorporated area lying within one and one-half (1 1/2) miles beyond the corporate limits shall in all respects, be in full compliance with the regulations hereinafter contained in this DO. These regulations are designed to provide for the orderly and harmonious development of the City; for the coordination of streets within new subdivisions with other existing or planned streets; and to secure a uniform system of utilities and services.

SEC. 4-1.2

EXCEPTIONS

Whenever the tract to be subdivided is of such unusual configuration or is surrounded by such development or unusual conditions that the strict application of the requirements contained in this Article would result in real difficulties or substantial hardship or injustice, the City Council, after recommendation by the Planning and Zoning Commission, may vary or modify such requirements so that the subdivider may develop the property in a reasonable manner, but so that at the same time, the public welfare and interests of the City and surrounding area are protected and the general intent and spirit of this Article preserved.

City of Galesburg Development Ordinance Article 4 - Subdivision Regulations

March, 2010 Page 4 - 1

DIVISION 2 - PROCEDURES SEC. 4-2.1

WHEN REQUIRED

It shall be unlawful for the owner, agent or person having control of any land within the corporate limits of the City or within one and one-half (11/2) miles of its corporate limits, to subdivide or lay out land into lots, blocks, streets, avenues, alleys, public ways and grounds, unless by plat in accordance with the laws of the state and the provisions of this DO.

SEC. 4-2.2 A.

TYPES OF SUBDIVISIONS AND OVERVIEW OF APPROVAL PROCESS

Plat of Consolidation All or a portion of adjacent residential properties may be combined upon compliance with the following conditions: 1. The owner or owners of the zoning lot shall file for record in the Office of the County Recorder a deed, duly executed and acknowledged, which deed contains the legal description of all parcels to be included in the new zoning lot (and the remaining reduced lot if applicable), and contains a statement by the owner or owners that the property therein described shall not be conveyed separately without the written consent of the Director of Community Development. This consent shall be given by the Director, if, after inspection, it appears that no violations of the zoning ordinance or other ordinances of the City would be created by the separate conveyance of the lots of record contained in the zoning lot.

2. Adjacent lots may be combined through this consolidation process to create one larger lot for development purposes.

Fig 4.1 Process for Plat of Consolidation (Residential)

3. The separate tracts of land to be conveyed or designated for building permit purposes because of such consolidation, shall not be less than City of Galesburg Development Ordinance Article 4 - Subdivision Regulations

March, 2010 Page 4 - 2

dimensions required to secure the minimum lot widths and minimum lot areas as specified in this DO. 4. As a result of such reduction or consolidation as authorized in this section, no remaining part of an original subdivision shall become a separately described tract having less than the minimum dimensions required to secure the minimum lot widths and the minimum lot areas as specified in this DO; Upon approval by the Director of Community Development, the Inspection Division, subject only to other applicable provisions of this Code, is authorized to issue the building permit requested for any separately described tract designated and set forth upon such proposed plat, notwithstanding any provision of this DO to the contrary.

Fig 4.2 Consolidated Lot

B.

Minor Plats Plats that consist of three (3) lots or less and which do not require the installation of public improvements other than sidewalks may be considered Minor Plats.

C.

Subdivision Plat Any division of land that is not a Plat of Consolidation or a Minor Plat shall be considered a Subdivision.

1.

There are 3 required steps in the Subdivision process: a. b. c.

Pre-application conference, Planning and Zoning Commission review and recommendation; and City Council review and approval.

Each step of the process shall generally be completed before initiating the next step.

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SEC. 4-2.3 A.

MINOR PLAT

Submission to City 1.

2.

3.

The Minor Plat shall consist of an accurate map or plat designating specifically the land so laid out and particularly describing the lots, blocks, and sidewalks intended to be dedicated for public use or for the use of purchasers or owners of lots fronting thereon or adjacent thereto.

The Minor Plat shall be submitted in both print and electronic (In CAD format as approved by City Engineer and as a PDF) forms. Five copies of the printed plat shall be submitted, together with copies of any deed restrictions where such restrictions are too lengthy to be shown on the plat, shall be submitted to the Commission. If the proposed subdivision lies wholly or partly outside the corporate limits of the City, copies of the Minor Plat shall also be filed with the Knox County Zoning Department.

The Minor Plat shall be drawn to a scale of one hundred (100) feet to one (1) inch or larger (i.e.

1"=50'), from an accurate survey and on one (1) or more sheets whose maximum dimensions shall not exceed twenty-four (24) inches by thirty-six (36) inches.

Fig 4.3 Process for Submission of Minor Plat

4.

B.

If more than two (2) sheets are required, an index sheet of the same dimensions shall be filed showing the entire subdivision on one (1) sheet and the component areas shown on the other sheets.

Information Required. The Minor Plat shall include on its face the following: 1.

2.

3.

4.

5.

6.

Existing property lines, section lines, streets, watercourse(s), property identification numbers (PIN) and other existing features within the area to be subdivided and similar information regarding land immediately adjacent thereto.

Contours showing existing topography at not greater than one-foot (1') intervals giving benchmarks with topographic data obtained from a field survey.

The location of all existing trees greater than eight (8) inches in diameter (as measured at four and one half (4 ½) feet above the existing grade at the base of the tree) and the identification, size, and condition of all trees being removed or impacted by development.

The proposed location and width of streets, alleys and lots.

The location of all easements provided for public use service, drainage or utilities.

Existing sanitary and storm sewers, water mains, fire hydrants, culverts, and other underground structures within the tract or on streets immediately abutting thereto; the

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7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

location and size of the nearest water main and sewer outlet.

The boundary lines of the area being subdivided with accurate distances and angles. The correct legal description of the property being subdivided shall be shown on the plat, or on an accompanying certificate.

The name of the proposed subdivision, the name of the registered land surveyor, and the name of the owner (s) platting the tract. The subdivision name shall not duplicate the name of an existing subdivision in Knox County. However, phased subdivisions may share a common name if identified by phase.

The north point, scale, and date.

The certificate of a registered Illinois land surveyor attesting the accuracy of the survey and the correct location of all monuments shown; and that he has complied with all rules contained herein governing plats, and whether any part of the plat is located within a special flood hazard area as identified by the Federal Emergency Management Agency. It shall also include with this certification a listing by number of all lots shown on the plat that are subject to periodic flooding or inundation based on the highest flood water elevation record in the area.

Private restrictions and covenants and their periods of existence. Should these restrictions or covenants be of such length to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat.

Acknowledgment of the owner or owners to the plat and restrictions including dedication to public use of sidewalk shown thereon and the granting of easements required.

If a County or State road is involved in the subdivision, a certificate of approval from the Illinois Department of Transportation (IDOT) or the County Engineer.

A notarized statement from the owner indicating, to the best of the owner’s knowledge, the school district in which each tract, parcel, lot, or block lies.

Signed approval by the representative of the Planning and Zoning Commission.

In addition to the requirements set forth above, the following supplementary documents or information shall be submitted: a. b.

Written confirmation of adequate capacity from the Galesburg Sanitary District.

Written confirmation from all utility companies accepting the proposed easement locations. Utility companies would include; water, cable, electric, gas, sanitary sewer, storm sewer and telecommunications.

C.

Submission to Planning and Zoning Commission A Minor Plat shall first be submitted to the Planning and Zoning Commission for its consideration as hereinafter provided, and if the Minor Plat lies wholly or partly outside of the corporate limits of the City, it shall also be submitted to the appropriate authorities of Knox County. The Commission shall report its findings and recommendations in writing to the council for its consideration and approval or disapproval.

D.

Submission to City Council The City Council shall review the findings and recommendations of the Planning and Zoning Commission and shall approve, reject, or approve with conditions the Minor Plat. However, if the proposed subdivision lies wholly or partly outside the corporate limits of the City, the Council’s action on the Minor Plat shall not be final until the appropriate authorities of Knox County have approved it. The design and layout of all subdivisions shall conform to the requirements of Division 3 of this Article. When approved, one printed and one electronic (in CAD format as approved by

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the City Engineer and as a PDF) shall be filed by the petitioner with the Community Development Department. This copy shall contain all required certificates of approval of the Committee and City Council.

E.

Acknowledgments The Minor Plat and any accompanying document shall be signed and acknowledged by the owner or owners of the land subdivided in the same manner and form as the acknowledgment of a deed conveying real estate, prior to signature by any City Officials.

F.

Approved plat filed with recorder of deeds When such map or plat is so prepared, acknowledged and certified, and has been approved by the Council, and the fee for recording such plat has been deposited with the City as required by the fee schedule in Fee and Fine Schedule, the same shall be filed and recorded in the Office of the Recorder of Deeds of the County, and thereupon such plat shall be equivalent to and operate as a deed in fee simple to the City from the owner of all streets, avenues, alleys, public ways and grounds and of such portions of land as therein are set apart for public and City use.

G.

Lapse of Final Plat Approval City Council approval of the Minor Plat shall expire if the Minor Plat and associated documents are not recorded with the Knox County Recorder within one (1) year following City Council approval.

If the Minor Plat is not recorded within the one (1) year period, the applicant shall be required to reinitiate the Minor Plat process. If the Minor Plat is not recorded within the one (1) year period, the applicant may file an extension request with the City Council. The request must be approved by City Council before the expiration date of the approved Minor Plat. The extension request shall state the reasons behind, and the proposed length of the extension requested. In reviewing the time extension request, City Council shall consider the circumstances behind the extension request and the status of current regulations. There shall be no limit on the number of extensions that may be granted (for good cause shown) by the City Council.

SEC. 4-2.4

OPTIONAL PRE-APPLICATION CONFERENCE; APPLICATION FILING

Before any plat or applications shall be submitted to the Planning and Zoning Commission a pre-application conference may be held with the Development Review Committee (DRC) to discuss the City’s general development policies, procedures, code requirements, fees, planning documents, facilities and the like.

This conference is designed to inform the developer of potential problems before finalizing the development proposal or otherwise spending large sums of money in laying out the proposed subdivision. The preapplication conference is optional, at the discretion of the applicant.

A.

Application Filing A request for a pre-application conference shall be submitted to the Community Development Department, along with eight (8) copies of the concept plan.

B.

Concept Plan Requirements The developer shall provide a Concept Plan showing the conceptual layout of the proposed subdivision, including the following: 1.

Sketch showing general lot or site layout, which shall be overlayed on the existing site

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2.

3.

4.

5.

6.

topography; Adjacent roads; Number and typical size of lots; School, playground, park and other public areas to be included in the development; Adjacent land uses; Location of proposed retention/detention facilities.

C.

Distribution of Concept Plan; Scheduling of DRC Meeting Upon receipt of a complete request for a pre-application conference, the Director of Community Development or his/her designee shall distribute copies of the concept plan to members of the DRC and place the item on a DRC agenda following the review period. The Director of Community Development shall notify the DRC of the date, time and place of the scheduled DRC meeting.

D.

DRC Review Following the DRC meeting, the Director of Community Development shall provide a written report to the applicant containing the comments of the DRC and instructions for proceeding with the Subdivision process.

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SEC. 4-2.5 A.

PRELIMINARY PLAT

Application Filing During the Preliminary Plat stage of the Subdivision process, the general layout and design of the proposed subdivision is evaluated for compliance with all applicable regulations of this Ordinance. Preliminary Plat review also allows for an analysis of natural resources and other physical constraints affecting the subject property.

A request for Preliminary Plat review shall be submitted to the Community Development Department, along with eight (8) copies of all required plats and plans in both print and electronic (In CAD format as approved by City Engineer and as a PDF) forms at least twenty-one (21) days prior to the Planning and Zoning Commission meeting. If the proposed subdivision lies wholly or partly outside the corporate limits of the City, copies of the proposed plat shall also be filed with the Knox County Zoning Department.

A Preliminary Plat application shall be filed within 24 months of the date of the DRC meeting at which the Concept Plan for the subject subdivision was considered. If more that twentyfour (24) months have elapsed since the DRC considered the Concept Plan, of if the Concept Plan is substantially changed, the applicant shall be required to reinitiate the Subdivision process by submitting another Concept Plan application.

B.

Distribution of Application; Scheduling of DRC Meeting Upon receipt of a complete Preliminary Plat application, the Director of Community Development or his/her designee shall distribute copies of the preliminary plat and plans to members of the DRC and place the item on a DRC agenda following the review period. The Director of Community Development shall notify the DRC of the date, time and place of the scheduled DRC meeting.

Fig 4.4 Preliminary Plat

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C.

DRC Review Following the DRC meeting, the Director of Community Development shall provide a written report to the applicant containing the comments of the DRC and instructions for proceeding with the Subdivision process.

D.

Submission to Planning and Zoning Commission

E.

1.

After the DRC meeting, the revised preliminary plat shall be submitted that consists of an accurate map or plat designating specifically the land so laid out and particularly describing the lots, blocks, streets, avenues, alleys, public ways, or other portions of the same intended to be dedicated for public use or for the use of the purchasers or owners of lots fronting thereon or adjacent thereto.

2.

The Preliminary Plat shall be submitted in both print and electronic (In CAD format as approved by the City Engineer and as a PDF) forms. Fifteen (15) copies of the printed revised preliminary plat shall be submitted, together with copies of any deed restrictions where such restrictions are too lengthy to be shown on the plat, for review by the Planning and Zoning Commission. If the proposed subdivision lies wholly or partly outside of the corporate limits of the City, it shall also be submitted to the Knox County Zoning Department.

3.

The Preliminary Plat shall be drawn to a scale of one hundred (100) feet to one (1) inch or larger (i.e. 1”=50’), from an accurate survey and on one (1) or more sheets whose maximum dimensions shall not exceed twenty-four (24) inches by thirty-six (36) inches.

4.

The commission shall report its findings and recommendations in writing to the City Council for its consideration and approval or disapproval. However, if the proposed subdivision lies wholly or partly outside of the corporate limits of the City, the council’s action on the preliminary plat shall not be final until the appropriate authorities of Knox County have approved it.

5.

The design and layout of all subdivisions shall conform to the requirements of Article 4 Division 3 – Design Standards.

6.

If upon hearing the commission shall find that such proposed plan does not satisfy the requirements of this DO, it shall specify in writing in the minutes of the hearing such objections as are found to such plan and may recommend approval conditioned upon specific changes in the proposed plan, removing such objections and further compliance with this DO.

Information Required 1.

Identify the document as a preliminary plat.

2.

Identify the location by township, section and range.

3.

Provide a general location map.

4.

Indicate the total acreage of the subdivision as well as individual lots.

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5.

Existing property lines, section lines, widths and names of streets, watercourses, property identification numbers (PIN) and other existing features within the area to be subdivided and similar information regarding land immediately adjacent thereto.

6.

Existing structures on the property and within 100 feet, with a clear indication of which structures that will remain and structures that will be removed. This information may be provided as a separate exhibit, or included as a part of other required exhibits.

7.

Contours showing existing topography at not greater than one-foot (1’) intervals giving benchmarks with topographic data obtained from a field survey and the date in which the survey was conducted.

8.

The location of all existing trees greater than eight 8� in diameter (as measured at four and one half (4 ½) feet above the existing grade at the base of the tree) and the identification, size, and condition of all trees being removed or impacted by development.

9.

The proposed layout, number and dimensions of streets, alleys, lots, easements and railroad right-of-way.

10.

The name(s) of the proposed streets.

11.

Existing sanitary and storm sewers, water mains, fire hydrants, culverts, and other underground structures within the tract or on streets immediately abutting thereto; the location and size of the nearest water main and sewer outlet.

12.

The name of the proposed subdivision, the name of the registered land surveyor, and the name of owner(s) platting the tract. The subdivision name shall not duplicate the name of an existing subdivision in Knox County. However, phased subdivisions may share a common name if identified by phase.

13.

The north point, scale and date.

14.

The existing zoning district classification in the City of Galesburg and/or Knox County for adjoining lands and the land to be subdivided.

15.

Plans or written and signed statements setting out the grades and profiles of the streets, the proposed grades and facilities for all required improvements and the subdivider's proposal to the City for accomplishing their installation in accordance with Article 4 Division 4: Required Improvements.

16.

A typical section for all proposed streets showing the entire right-of-way plans from property line to property line.

17.

Proposed final drainage plan in accordance with the Article 5 of the DO.

18.

Signed and sealed statement by a registered professional engineer (State of Illinois) that all proposed public improvements have been designed in accordance with this DO.

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19.

In addition to the requirements set forth above, the following supplementary documents or information shall be submitted: a. b. c.

F.

Written confirmation of adequate capacity from the Galesburg Sanitary District.

Written confirmation from all utility companies accepting the proposed easement locations. Utility companies would include; water, cable, electric, gas, sanitary sewer, storm sewer and telecommunications.

An exhibit showing the location of all existing structures with a clear indication of those that will remain on the property after the final plat is recorded.

Approval The City Council shall review the findings and recommendations of the Planning and Zoning Commission and shall approve, reject, or approve with conditions the preliminary plat. However, if the proposed subdivision should lie wholly or partly outside the corporate limits of the City, the council's action on the preliminary plat shall not be final until the appropriate authorities of Knox County have approved it.

When approved, one printed and one electronic (in CAD format as approved by the City Engineer and as a PDF) shall be filed by the petitioner with the Community Development Department. This copy shall contain all required certificates of approval, including with the following approved certification shown thereon shall be dated and endorsed by the Mayor and attested to by the City Clerk. After City Council approval no improvement shall be made to the property until proper bonds, letter of credit, or check in the amount of the project engineer’s estimated improvement costs are provided as required in Sec. 4-2.5.

CITY COUNCIL PRELIMINARY APPROVAL CERTIFICATE “The proposed subdivision as shown on this Preliminary Plat and supporting documents have received Preliminary Approval by the City Council of the City of Galesburg.”

DATED:________________________________20____ ATTEST: BY:________________________________ Mayor BY:________________________________ City Clerk

Figure 4.5 Preliminary Approval Certificate City of Galesburg Development Ordinance Article 4 - Subdivision Regulations

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G.

Lapse of Preliminary Plat Approval An approved preliminary plat shall lapse and be of no further effect if a final plat for the subject subdivision is not approved by the City Council within 2 years of the date of the preliminary plat approval by the City Council. If the final plat approval is not received within this two (2) year period, the applicant shall be required to reinitiate the subdivision process at the pre-application conference stage. If the applicant does not receive final plat approval within the required two (2) year period, the applicant may file an extension request with the City Council. The request must be approved by City Council before the expiration date of the approved preliminary plat. The extension request shall state the reasons behind, and the proposed length of the extension requested. In reviewing the time extension request, City Council shall consider the circumstances behind the extension request and the status of current regulations. There shall be no limit on the number of extensions that may be granted (for good cause shown) by the City Council.

SEC. 4-2.6 A.

FINAL PLAT

Requisites for final approval Following approval of the preliminary plat by the Planning and Zoning Commission and the City Council, the subdivider shall: 1.

Furnish a bond, letter of credit, or check in the amount of the project engineer’s estimated improvement costs, as approved by the City Engineer, for such installation; or

2.

In case the proposed subdivision lies wholly or partly outside of the corporate limits of the City; then evidence of posting the bond for improvements required by the county will suffice for the subdivision.

Upon submittal of the proper bond, letter of credit, or check in the amount of the project engineer’s estimated improvement costs, the final plat may be submitted for review in accordance with the provisions of this division. The final plat shall conform to the requirements of this DO. No plat shall be filed for record or recorded in the Office of the Recorder of Deeds of the County, unless and until the approval of the Council is endorsed thereon by the City Clerk, unless and until the subdivider has deposited with the City a sum of money equal to the fee charged by the recorder of deeds for recording the plat, and no lot shall be sold from such plat unless and until approved by the council and filed for record in the Office of the Recorder of Deeds, as herein provided. If all improvements are not complete after two years from the date of the bond or letter of credit is submitted, the City may utilize those funds to complete the project.

Fig 4.6 Final Plat City of Galesburg Development Ordinance Article 4 - Subdivision Regulations

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B.

C.

Submission to Council 1.

The final plat shall consist of an accurate map or plat designating specifically the land so laid out and particularly describing the lots, blocks, streets, avenues, alleys, public ways, or other portions of the same intended to be dedicated for public use or for the use of the purchasers or owners of lots fronting thereon or adjacent thereto.

2.

The final plat shall be submitted in both print and electronic (In CAD format as approved by City Engineer and as a PDF) forms. Fifteen (15) copies of the printed plat, together with copies of any deed restrictions where such restrictions are too lengthy to be shown on the plat, shall be submitted to the Commission.

3.

The final plat shall be drawn to a scale of one hundred (100) feet to one (1) inch or larger (i.e. 1"=50'), from an accurate survey and on one (1) or more sheets whose maximum dimensions shall not exceed twenty-four (24) inches by thirty-six (36) inches.

4.

If more than two (2) sheets are required, an index sheet of the same dimensions shall be filed showing the entire subdivision on one (1) sheet and the component areas shown on the other sheet. When the final plat conforms to the approved preliminary plat and the requirements of this Section and Article 4 Division 4 have been accomplished, the certification to this effect shall be endorsed on the final plat by the Director of Community Development and the final plat submitted to the council for its approval or denial. Where the final plat does not conform to the approved preliminary plan, the commission shall submit its recommendations to the council for approval or denial of the final plat. The council shall not deny any final plat which is in accord with the previously approved preliminary plat for the same subdivision and in which the improvements required in Article 4 Division 4 have been installed and approved.

Information required The final plat and accompanying documents shall show: 1.

The boundary lines of the area being subdivided with accurate distances and angles. The correct legal description of the property being subdivided shall be shown on the plat, or on an accompanying certificate.

2.

The accurate outline of any portions of the property intended to be dedicated or granted for public use.

3.

The line of departure of one (1) street from another.

4.

The lines of all adjoining property and the lines of adjoining streets and alleys with their width and names.

5.

All lots shall be designated by numbers or letters. All streets, avenues and other grounds by names, letters or numbers.

6.

The location and dimensions of all easements provided for public use, service, drainage, or utilities.

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7.

All dimensions, linear and angular, necessary for locating the boundaries of the proposed blocks, subdivisions, lots, streets, alleys, easements, and other areas for public or private use. Linear dimensions are to be given to the nearest 1/100 of a foot.

8.

The radii, arcs or chords, points of tangency and central angles for all curvilinear streets and radii for rounded corners.

9.

The location of all survey monuments and their description.

10.

The name of the subdivision, the name of the registered land surveyor, the name of owner(s) platting the tract. The subdivision name shall not duplicate the name of an existing subdivision in Knox County. However, phased subdivisions may share a common name if identified by phase.

11.

The north point, scale, and date.

12.

Calculations showing the error of linear closure, which error shall in no case be greater than one (1) in five thousand (5,000).

13.

The certificate of a registered Illinois land surveyor attesting to the accuracy of the survey and the correct location of all monuments shown; and that he has complied with all rules contained herein governing plats, and whether any part of the plat is located within a special flood hazard area as identified by the Federal Emergency Management Agency. It shall also include with this certification a listing by number of all lots shown on the plat that are subject to periodic flooding or inundation based on the highest flood water elevation record in the area.

14.

Private restrictions and covenants and their periods of existence. Should these restrictions or covenants be of such length to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat.

15.

A notarized statement from the owner indicating, to the best of the owner’s knowledge, the school district in which each tract, parcel, lot or block lies.

16.

Acknowledgment of the owner or owners, signed before a notary public, to the plat and restrictions including dedication to public use of streets, alleys, parks or other open spaces shown thereon and the granting of easements required. If parks or open spaces are dedicated for public use in subdivisions located outside of the corporate limits of the City; the owner(s) of the subdivision will by covenant, provide for the maintenance of the parks or open spaces until such time as the subdivision is annexed by the City. The City has the right to refuse parks or open spaces within or outside of City limits.

17.

Certificate of approval by the City Council for endorsement by the City Clerk.

18.

Signed approval by the representative of the Planning and Zoning Commission.

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19.

Certificate of approval by the County or Illinois Department of Transportation if County or State roads are involved.

D.

Acknowledgments The final plat and any accompanying document shall be signed and acknowledged by the owner or owners of the land subdivided in the same manner and form as the acknowledgment of a deed conveying real estate, prior to signature by any City Officials.

E.

Approved plat filed with recorder of deeds When such map or plat is so prepared, acknowledged and certified, and has been approved by the Council, and the fee for recording such plat has been deposited with the City as required by the fee Fee and Fine Schedule, the same shall be filed and recorded in the Office of the Recorder of Deeds of the County, and thereupon such plat shall be equivalent to and operate as a deed in fee simple to the City from the owner of all streets, avenues, alleys, public ways and grounds and of such portions of land as therein are set apart for public and City use.

F.

Lapse of Final Plat Approval City Council approval of the final plat shall expire if the final plat and associated documents are not recorded with the Knox County Recorder within one (1) year following City Council approval. If the final plat is not recorded within the one (1) year period, the applicant shall be required to reinitiate the subdivision process at the pre-application conference stage. If the final plat is not recorded within the one (1) year period, the applicant may file an extension request with the City Council.

The request must be approved by City Council before the expiration date of the approved final plat.

The extension request shall state the reasons behind, and the proposed length of the extension requested. In reviewing the time extension request, City Council shall consider the circumstances behind the extension request and the status of current regulations. There shall be no limit on the number of extensions that may be granted (for good cause shown) by the City Council.

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DIVISION 3 - DESIGN STANDARDS SEC. 4-3.1

STREETS

A.

All streets shall be designed in substantial relation to: Topographic conditions and drainage; public convenience and safety; and proposed uses of land to be served by such streets.

B.

Except within a Comprehensive Plan Development District, a public street shall be provided for convenient access to all property within the subdivision and access to adjacent properties as may be needed.

C.

Private streets shall not be permitted, except when the subdivider submits sufficient evidence that there can be no public interest in such private roads or streets. The developer or owner is required to place road name signs at intersections in accordance with City regulations. All private streets shall be sufficiently illuminated to ensure the security of property and the safety of persons using such streets.

D.

The arrangements of the streets in a subdivision shall either provide for the alignment and continuation, or appropriate projection of existing streets in surrounding areas, or conform to an approved plan for the neighborhood which meets a particular situation where topography or other conditions make continuation of, or conformance to, existing streets impracticable. In any event, where a centerline offset (jog) occurs at an intersection, the distance between center lines of the intersecting streets shall not be less than 150 feet.

E.

Streets that are extensions of, or obviously in alignment with existing streets shall bear the names of the existing streets; however, no other streets shall bear names which duplicate, or so nearly duplicate so as to be confused with the names of existing streets. The street names shall be subject to approval of the Planning and Zoning Commission.

F.

Courts, dead-end streets, or other arrangements may be provided if proper access is given to all lots from a dedicated street or court. All dead-end streets shall be developed as Cul-de-sacs having a minimum radius of forty (40) feet of paved surface and a minimum radius of fifty (50) feet of right-ofway. Dead-end streets shall not exceed one thousand (1,000) feet in length.

G.

The location of major streets shall conform to the locations designated on the transportation plan.

H.

The minimum width for right-of-ways shall be as follows:

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Figure 4.7 Minimum Right of Way Widths Type of Street

Description

Right-of-Way Width (ft.)

Projected Avg. Annual Daily Traffic (ADT)

Limited Access Road

Has the sole purpose of carrying traffic and provides no direct access to abutting properties

100 '

>5,000*

Major Street

Primary purpose of carrying through traffic and Secondary purpose of providing access to abutting property

80 '

>5,000*

Collector Street

Collects traffic from streets that intersect and brings cars to major streets

70 '

1,500 – 5,000*

Residential Local Street

Primary purpose is to serve abutting land use

60

100 -1,500*

* The ADT listed in Figure 4.7 are rough estimates and are not intended as design criteria

SEC. 4-3.2

EASEMENTS

A.

Utility easements shall be provided at the rear of all residential lots and along the side lot lines and shall be at least ten (10) feet wide, and normally centered upon the rear or side lot lines; provided that transformers be located on or behind the front yard setback line. Evidence shall be furnished to the Planning and Zoning Commission that easement provisions to be incorporated on the plat or in the deed have been reviewed by the individual utility companies or the organizations responsible for furnishing the service involved.

B.

An unobstructed easement, not less than ten (10) feet wide, may be required by the Planning and Zoning Commission through the center of blocks more than nine hundred (900) feet long where deemed necessary to provide circulation or access to schools, playgrounds, shopping centers, transportation, and other community facilities. Walking area must be paved at time of installation and a sign indicating the area as a pedestrian crosswalk easement is required.

C.

Where a subdivision is traversed by a watercourse, by a drainage way, channel or stream, or other body of water, appropriate dedications or easement provisions, with adequate width or construction to accommodate observed, computed or anticipated stormwater drainage through and from the subdivision, shall be made. The width of the easement or dedication shall be dependent on the area of land drained by the watercourse but shall not be less than fifteen (15) feet wide to allow access for construction and maintenance equipment.

D.

Whenever any street planned to be continuous has been temporarily dead-ended awaiting subdivision of adjacent land, a temporary turnaround shall be provided by means of an easement which will terminate upon extension of such street. The dimensions of such turnaround shall be a minimum of fifty (50) feet in radius.

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SEC. 4-3.3

BLOCKS

No block shall be longer than one thousand three hundred (1,300) feet between cross streets.

SEC. 4-3.4 A.

LOTS

Lots shall generally front or abut on a public street, unless 1.

2.

otherwise approved as a part of a Comprehensive Plan Development District; or it is determined by the Director of Community Development that it is impractical to serve a single lot using a City street. In such case, a permanent access easement must be provided connecting a City street to the subject property.

B.

All lots shall meet the minimum depth, width, and area requirements of the DO.

C.

The size, shape and orientation of lots shall be appropriate for the location of the subdivision, and for the type of development and use contemplated.

D.

Flag lots are prohibited.

E.

Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the applicable zoning regulations.

F.

The fronting of residential lots onto major streets and highways is to be discouraged; however, where this does occur the lots should be platted with extra depth and building setback to permit generous distance between the building and such trafficway.

G.

Excessive depth in relation to width shall be avoided. A proportion of two and one-half (21/2) to one (1) shall be normally considered as a desirable maximum for lot widths of one hundred (100) feet or more.

H.

Side lot lines shall be substantially at right angles or radial to street lines.

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DIVISION 4 - REQUIRED IMPROVEMENTS SEC. 4-4.1

AUTHORITY TO PROCEED WITH FINAL PLAT

Receipt by the subdivider of the copy of the preliminary plat, together with the approval of the commission, City Council and county, when required, shall constitute authority for the subdivider to proceed with final plans and specifications for the installation of the final plat. Prior to the construction of any of the required improvements, the subdivider shall submit final plans and specifications to the City Engineer. If the City Engineer shall find such plans and specifications to be in accordance with applicable policies and standards of the City and this article, he shall authorize construction and approve the amount of bond, set by the subdivider’s engineer. Following submission of the bond and approval of the City Engineer, construction may be started.

SEC. 4-4.2

REQUIREMENTS FOR APPROVAL OF FINAL PLAT

The final plat of a subdivision shall not be approved unless: A.

The improvements listed hereinafter have been installed; or

B.

The subdivider shall have filed with the City Council a surety bond or certified check to ensure the construction of the improvements listed in this part in a satisfactory manner and within the period specified by the council, such period not to exceed two (2) years. The bond, letter of credit, certified check, or cashiers check shall be payable to the City in a sum of 110% of the construction cost of the improvements as estimated by the City Engineer, and, if a bond is filed, it shall be in form with surety and conditions approved by the City Attorney. A bond or certified check to ensure improvements will not be required by the City for a subdivision or that part of a subdivision which is located outside of the corporate limits of the City if a bond or certified check to ensure improvement has been filed with the county. If all improvements are not complete after two years from the date of the bond or letter of credit is submitted, the City may utilize the funds to complete the project.

SEC. 4-4.3

INSTALLATION OF PART OF IMPROVEMENTS

The owner of a tract may prepare and secure approval of a preliminary subdivision plat of an entire area and may install the required improvements only in a portion of such area, but the improvements must be installed or provision made for their installation in any portion of the area for which a final plat is approved for recording; provided, however, that water mains, storm sewers, trunk sewers and any sewage treatment plants shall be designed and built to serve the entire area owned by the subdivider or designed and built in such a manner that they can easily be expanded or extended to serve the entire area.

SEC. 4-4.4 A.

SURVEY MONUMENTS

All subdivision boundary corners shall be marked with permanent survey monuments, at least two (2) of which shall be with a permanent concrete marker. All points of tangency and points of

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curvature of all curves shall be established with a permanent concrete marker. Concrete markers shall have brass rod centers at least eight (8) inches long with a minimum dimension of four (4) inches extending below the frost line (40 inches below grade).

B.

Should conditions prohibit the placing of monuments on the line, offset marking will be permitted; provided, however, that exact offset courses and distances are shown on the subdivision plat. Half inch (½) diameter Iron pipes or steel rods shall be set at all lot corners.

SEC. 4-4.5

STREET IMPROVEMENTS

The required street improvements vary with street type as defined in Section 4-3.1 as well as development density as shown in Figure 4.3. All proposed street improvements shall be in accordance with the values shown.

Figure 4.8 Street Improvements Inside & Within 1.5 miles of City Limits Category Pavement. Width Back of Curb to Back of Curb Type of Curb Sidewalks Storm Sewer+

Pavement Type

Limited Access Roadway

Major Street

Collector Street

Local Street

*

*

40'

31'

Vertical

Vertical

Vertical

Vertical

5'

5'

5'

4'

Design in Accordance w/Article 5

Design in Accordance w/Article 5

Design in Accordance w/Article 5

Design in Accordance w/Article 5

A

B

C

D

* Pavement width to be determined by projected traffic and overall layout of the proposed street network and shall be approved by the City Engineer. +Storm Sewer shall be from approved materials as listed in the most recent addition of the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction.

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Figure 4.9 Street Improvements Within 1.5 miles of City Limits (only), does not apply within the City Limits Note: This table is only applicable when the following criteria are both satisfied: Development density <= 1 Dwelling Unit per 1 Acre; and No more than 5 lots are proposed in the total development.

Limited Access Roadway

Major Street

Collector Street

Local Street

*

*

24'

24'

Not Required

Not Required

Not Required

Not Required

5’

5’

5’

4’

Storm Sewer+

Not Required

Not Required

Not Required

Not Required

Pavement Type

A

B

C

D

10 '/Paved

8'/Aggregate

5'/Aggregate

4'/Turf

Category Pavement Width Type of Curb Sidewalks

Shoulder Width/Type

* Pavement width to be determined by projected traffic and overall layout of the proposed street network and shall be approved by the City Engineer. +Storm Sewer shall be from approved materials as listed in the most recent addition of the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction.

Note: 1 Dwelling Unit = 1 Single Family Home

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Figure 4.10 Pavement Type Pavement Type

Description

A

P.C.C. Pavement design in accordance with the Illinois Department of Transportation Pavement Design Policy for Rigid Pavements for 80,000 lb Truck Routes for Class II streets. (Min. 9" PCC pavement on 8" Compacted Aggregate Base Course.) Flexible pavement design is not accepted.

P.C.C. Pavement design in accordance with the Illinois Department of Transportation Pavement Design Policy for Rigid Pavements for Class III Streets. (Min. 8" PCC pavement on 4" Compacted Aggregate Base Course), or

B

Flexible Pavement design in accordance with the Illinois Department of Transportation Pavement Design Policy for Flexible Pavements for Class III Streets. (Min. 6" Bituminous mat in accordance with the standard specifications on 12" compacted Aggregate Base Course) P.C.C. Pavement design in accordance with the Illinois Department of Transportation Pavement Design Policy for Rigid Pavements for Class IV Streets. (Min. 8" PCC pavement on earth subgrade), or

C

Flexible Pavement design in accordance with the Illinois Department of Transportation Pavement Design Policy for Flexible Pavements for Class IV Streets. (Min. 4" Bituminous mat in accordance with the standard specifications on 12" compacted Aggregate Base Course.)

P.C.C. Pavement design in accordance with the Illinois Department of Transportation Pavement Design Policy for Rigid Pavements for Class IV Streets. (Min. 7.5" PCC pavement on earth subgrade), or

D

A.

Flexible Pavement design in accordance with the Illinois Department of Transportation Pavement Design Policy for Flexible Pavements for Class IV Streets. (Min. 3" Bituminous mat in accordance with the standard specifications on 10" compacted Aggregate Base Course.)

Grading Each street shall be graded to its full width, including side slopes. The elevation at the street right-of-way line shall be six (6) inches above the top of the curb. If drainage ditches are permitted in lieu of curb and gutter as provided for in Section 4-4.5, Figure 4.9 of this section for surface drainage, the slope from shoulder line to ditch shall not be steeper than three to one (3:1) and the back slopes not steeper than two to one (2:1). Fill sections shall have slopes not steeper than three to one (3:1). All exposed areas shall be reseeded by the developer, when weather conditions permit, to prevent soil erosion, which reseeding must be effective and take.

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B.

Curb and gutter A curb installed along a street which is intended to be used for local residential purposes, shall be one of the standard design for combination concrete curb and gutter as established by standards of the Illinois Department of Transportation. Curb and gutter may be of either the barrier curb or mountable curb type and shall have a gutter width of not less than twelve (12) inches. If the roadway surface is to be constructed of Portland cement concrete, the curbs may be formed monolithically with the pavement (commonly known as integral curb) and shall conform to the cross-sectional requirements referred to for combination concrete curb and gutter. Openings for driveways may be constructed as shown for "depressed curb" during initial construction, or the curb may be sawed and removed at a later date and the driveway area reconstructed to the "depressed curb" design.

C.

Aggregate Base Course Streets required to utilize an aggregate base course shall utilize a Type B aggregate as specified in the current edition of the Illinois Department of Transportation Standard Specifications. The aggregate base course shall extend 1' beyond the outside edge of the proposed curb and gutter or pavement edge if no curb and gutter is required.

D.

Regulations minimum The regulations in this section contained shall not prevent the subdivider from constructing higher grade streets than specified in this DO.

E.

Cost estimate Where major streets, as shown on the official plan, are located in a proposed subdivision, the City may require the subdivider to submit a cost estimate prepared by a registered professional engineer setting forth the estimated cost of construction of a minor street where the major street is shown.

Such estimate shall be subject to the approval of the City Engineer. The City may construct the major street as shown on the official plan at the City's expense and require the subdivider to pay the City an amount equal to the estimated cost of the minor street.

SEC. 4-4.6

SIDEWALKS

A.

Concrete sidewalks shall be required on both sides of all streets within the proposed subdivision, and on the side of any street adjacent to the proposed subdivision as listed in Figures 4.8 and 4.9.

The sidewalks shall be installed, or the appropriate bond therefore posted, before the plat may be recorded.

B.

Sidewalks may also be required to continue a walk on an existing street, to link areas, or depending on the probable future development as indicated in the Cityâ&#x20AC;&#x2122;s five year capital improvement plan.

C.

Sidewalks shall be installed as each lot is built on in accordance with the following construction standards. Sidewalks must also be installed on undeveloped lots within three years of initial completion of streets improvements.

1.

Relationship to curb.

Sidewalks shall be located on, along or upon the property or right-of-way line or on a line to be given by the City Engineer when it is impossible or not feasible to build or construct the same as aforesaid.

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2.

Width.

Sidewalks shall be at least four feet (4') wide in residential areas, and five feet (5') wide in commercial areas. See Figures 4.8 and 4.9.

3.

Thickness of concrete.

All sidewalks shall be constructed of concrete at least six (6) inches thick; provided, however, that in situations where driveway locations are known at the time of installation of the sidewalks, then the sidewalks shall be at least six (6) inches thick in the area where the sidewalk crosses the driveway, and the remaining portions of the sidewalks may be constructed of concrete at least four (4) inches thick.

4.

Other standards.

All sidewalks shall be constructed in accordance with other applicable standard specifications of the City.

5.

Ramps at intersections.

Curbs shall be cut and sidewalks shall be ramped at all intersections so as to enhance the mobility of disabled individuals. Ramps shall equal or exceed the standards of the Illinois Accessibility Code.

SEC. 4-4.7

DRIVEWAY APRON

All driveway aprons shall be paved with Bituminous concrete, Portland cement concrete or brick or concrete pavers between the street and the sidewalk, or if no sidewalk exists to the front property line.

SEC. 4-4.8

WATER SUPPLY

The subdivider shall furnish the City at the time the preliminary plat is filed a statement and description of the water supply which will be provided. The water supply system shall be designed in accordance with the requirements of the I.E.P.A. and the City Water Division. Water lines shall be designed by a professional engineer in accordance with Illinois Standard Specifications for Water and Sewer Construction. The water system shall be constructed under the direction, control, and with the approval of the Superintendent of the water division. All water mains shall be installed in street rights-of-way or easements.

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SEC. 4-4.9 A.

SANITARY SEWERS

The subdivider shall furnish the City at the time the preliminary plat is filed a statement and description of the sewage disposal facilities which will be provided. The sewage disposal facilities shall be designed by a professional engineer in accordance with recognized sanitary engineering standards and meet the requirements of the I.E.P.A. In all areas where the public sanitary sewer is reasonably accessible, each lot within the subdivided area shall be provided with a connection of such sanitary sewer, such sewer connection to terminate not less than two (2) feet inside curbline or easement line. All connections to the public sewer system and the subdivision sewer system and installation of sewage treatment facilities shall comply with the ordinances of the Galesburg Sanitary District and the City pertaining to sewers and all construction shall be subject to the approval of the Galesburg Sanitary District.

B.

When sanitary sewers cannot be provided by the subdivider, the lots shall have an area sufficient to provide adequate seepage beds. The required area shall be shown in the engineer's report, as provided for in subsection (c) below. The soil seepage tests shall be made by a registered civil or sanitary engineer.

C.

Results of soil seepage tests which have been conducted throughout the area to be subdivided shall determine the ability of the soil to dispose of sewage waste by seepage. Where grading is to be done, such tests shall be made in the soil after finished grade is established. A sufficient number of such tests shall be conducted to show all variable conditions which might exist throughout the area under consideration. Such tests and proposed septic systems shall be approved by the Knox County Health Department.

D.

Prior to approval of a subdivision plat, the applicant shall provide the City written documentation from the Galesburg Sanitary District certifying that there is presently sewer capacity, as defined by the Illinois Environmental Protection Agency population equivalent, available to serve the proposed subdivision.

SEC. 4-4.10

CITY ENGINEER AND SANITARY DISTRICT APPROVAL

After public improvements have been installed, the City Council shall sign off on all improvements. A sign off indicates approval of construction and acceptance for maintenance of the improvements.

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ARTICLE 5 DRAINAGE, FLOOD DAMAGE PREVENTION, ETC. DIVISION 1 - GENERAL SEC. 5-1.1

INTERFERING WITH WATERWAYS

No person shall obstruct or change the natural course of drainage of any waterway located on public property, whether the same is a natural watercourse or a gutter, sewer, culvert or other water pipe, unless he shall first obtain the permission of the City Engineer.

SEC. 5-1.2

NATURAL DRAINAGE CHANNEL

A.

The term "natural drainage channel" or "watercourse" as used herein shall mean and include those waterways which drain surface water.

B.

No person shall block or obstruct a natural drainage channel or watercourse within the corporate limits of the City, whether by introducing rubbish, trash, debris or other matter into the same or otherwise.

C.

No person shall alter in any way the flow of surface runoff within a subdivision that has an approved drainage plan, unless such alteration is first approved in writing by the City Engineer.

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DIVISION 2 - FLOOD DAMAGE PREVENTION SEC. 5-2.1

GENERALLY

A.

Purpose The purpose of this article is to avoid the hazards to persons and damage to property resulting from flooding pursuant to the police powers granted by the Illinois Revised Statutes.

B.

Flood insurance study The flood insurance study and amendments thereto of the City dated December 19, 1984, or the most current version, prepared and published by the Federal Emergency Management Agency, Federal Insurance Administration is hereby adopted for the purpose of this article and filed in the office of the City Clerk. The flood insurance study includes the flood insurance rate map, dated June 19, 1985, or the most current version, which delineates “A” zones as areas that are susceptible to the base flood; and the flood boundary floodway map, dated June 19, 1985, or the most current version, which delineates the floodway, which is the channel of a river or other watercourse and the adjacent land areas required to store and convey the floodwater of the base flood with no significant increase in the height of the base flood. The flood insurance study data shall take precedence over other base flood elevation data for the purpose of this article.

The base flood elevation for those parts of the unincorporated county that are within the extraterritorial jurisdiction of the City or that may be annexed into the City shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of Knox County prepared by the Federal Emergency Management Agency and dated August 24, 1984, or the most current version.

There is a special “A” zone hereby created by this DO which shall have the same restrictions as a Flood Insurance study zone “A” as stated in Sec. 5-2.1. This special “A” zone shall be as defined by a study conducted by Clark Engineers, Inc. for the 100 year Rainfall event should a breach occur in the dam at the Lake Storey Recreational Area during said 100 year Rainfall event. Said study shall be on file in the City Engineer’s office.

C.

D.

Base flood elevation 1.

In numbered “A” zones, base flood elevation at any particular location shall be as delineated on the 100-year flood profile in the flood insurance study.

2.

In unnumbered “A” zones, the City Council shall obtain, review and reasonably utilize base flood elevation data available from federal, state, or other sources until such time as such data has been received from the Federal Insurance Administration. Base flood data received from the Federal Insurance Administration shall take precedence over data from other sources.

Disclaimer of liability The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by manmade or natural causes. This division does not imply that development either inside or outside of areas designated as an “A” zone will be

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free from flooding or damage. This division does not create liability on the part of the City or any officer or employee thereof for any flood damage that results from reliance on this DO or any administrative decision made lawfully there under.

SEC. 5-2.2 A.

B.

ADMINISTRATION AND ENFORCEMENT

Permit 1.

Required.

No person shall commence any construction, substantial improvement, subdivision of land, placement of manufactured homes or other development in areas located in an “A” zone without first obtaining a permit from the Department of Community Development. The Department of Community Development shall not issue such permit for any construction, substantial improvement or other development that does not comply with the provisions of this division or that has been denied a permit required by the federal or state law including Section 404 of the Federal Water Pollution Control Act, 1972. 33.U.S.G. 1334.

2.

Application. a.

Within areas designated as “A” zones each application for development shall be accompanied by elevations, prepared by a registered land surveyor, in relation to mean sea level, of the lowest floor, including basement, and in the case of flood-proof nonresidential structures, the elevations to which it will be floodproofed.

b.

The Department of Community Development shall require certification from a registered professional engineer or architect that floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood.

c.

The application shall also contain information or certification as reasonably may be required by the Department of Community Development in order to determine eligibility for permits or to enforce the terms of this division.

d.

The Department of Community Development shall review applications for permit and determine before issuing a permit that the development activity would be reasonably safe from flood damage.

Variances 1.

Whenever the standards of this article place undue hardship on a specific development proposal, the applicant may apply to the Planning and Zoning Commission for a variance.

The Planning and Zoning Commission shall review the applicant's request for a variance and shall submit its recommendation to the City Council. The City Council may attach such conditions to the granting of a variance as it deems necessary to further the intent of this division.

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2.

No variance shall be granted unless the applicant demonstrates that: a. b. c. d. e. f. g.

3.

The Building Inspector shall notify an applicant in writing that a variance from the requirements of Sec. 5-2.3 that would lessen the degree of protection to a building will: a. b. c.

4.

C.

Result in increased premium rates for flood insurance; Increase the risks to life and property; and Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.

Variances to the building protection requirements of Sec. 5-2.3 of this article requested in connection with the reconstruction, repair or alteration of a site or building included on the National Register of Historic Places or the Illinois Register of Historic Places may be granted using criteria more permissive than the requirements of subsection 5-2.2 (B) (2) a-d.

Reports and records 1.

The Department of Community Development shall provide the City Council, the Illinois Department of Natural Resources, Office of Water Resources, and the Federal Insurance Administration with an annual report on forms as provided the City by the Federal Insurance Administration.

2.

The Department of Community Development shall maintain the records of first floor elevations, floodproofing certifications, all variance documents required by the National Flood Insurance Program, permit applications, and all other records required by the Federal Insurance Administration.

SEC. 5-2.3 A.

The development activity cannot be located outside the Special Flood Hazard Area; An exceptional hardship would result if the variance were not granted; The relief requested is the minimum necessary; There will be no additional threat to public health or safety or creation of a nuisance; There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities; The provisions of Sec. 5-2.2A of this article are met; and Provisions of Sec. 5-2.3 of this article are met.

PROVISIONS FOR FLOOD HAZARD REDUCTION

New construction and substantial improvement standards.

All new construction and substantial improvements to structures located in an â&#x20AC;&#x153;Aâ&#x20AC;? zone shall: 1.

For residential structures, have the lowest floor, including basement, elevated to one (1) foot above the base flood elevation.

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B.

2.

For nonresidential structures, have the lowest floor, including basement, elevated or floodproofed to one (1) foot above the base flood elevation.

3.

Be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure.

4.

Be constructed with materials and utility equipment resistant to flood damage.

5.

Be constructed by methods and practices that minimize flood damage to other properties.

6.

Have the lowest floor, including the basement, and all electrical, heating, ventilating, plumbing and air conditioning equipment and utility meters located at or above the base flood elevation. Water and sewer pipes, electrical and telephone lines, submersible pumps and other service facilities may be located below one (1) foot above the base flood elevation, provided they are designed and installed to prevent water from entering or accumulating within the components.

7.

Enclosed areas, including crawl spaces, that are below the base flood elevation shall be provided with at least two flood openings on opposite sides. The bottom of each opening shall be one foot or less above adjacent ground level.

Manufactured home standards 1.

All manufactured home parks and manufactured home subdivisions located in an “A” zone shall file evacuation plans indicating vehicular access and escape routes, including manufactured home hauler routes with appropriate disaster preparedness authorities.

2.

All manufactured homes to be placed on a site located in an “A” zone shall: a. b. c. d. e.

C.

Have the lowest floor elevated one (1) foot above the base flood elevation.

In the instance of elevation on pilings, have all piling foundations placed in stable soil no more than ten (10) feet apart, and reinforcement shall be provided for piers more than six (6) feet aboveground.

Have lots large enough to permit steps to the manufactured home, and have adequate surface drainage on all sides of the structure.

Be placed to prevent flotation, collapse or lateral movement of the structure due to flooding.

Be anchored in accordance with the rules and regulations for the Illinois Mobile Home Tie-Down Act issued pursuant to 210 ILCS 120/1--120/6.

Utility standards All new construction and substantial improvements to utilities located in an “A” zone shall provide that: 1.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

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D.

2.

All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters.

3.

All new and replacement on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Subdivision and other development standards All subdivisions and other developments located in an â&#x20AC;&#x153;Aâ&#x20AC;? zone shall provide that: 1.

All subdivision and other development proposals shall be designed to minimize flood damage to the proposed subdivision or development site as well as to other properties.

2.

All public utilities and facilities, such as sewer, gas, electrical and water systems shall be located, elevated and constructed to minimize or eliminate flood damage.

3.

Adequate drainage shall be provided so as to reduce exposure to flood hazards.

4.

For any proposed subdivision or new development the applicant shall show the base flood elevation data for each lot or platted parcel.

5.

New manufactured home parks and subdivisions, expansions to existing manufactured home parks and subdivisions, and existing manufactured home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, shall: a. b. c.

Have stands or lots elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be one (1) foot above the base flood elevation; Have adequate surface drainage, and access for a hauler provided; and In the instance of elevation on pilings, have: (1) (2) (3)

E.

Lots large enough to permit steps; Piling foundations placed in a stable soil no more than ten (10) feet apart; and Reinforcement provided for pilings more than six (6) feet above the ground level.

Floodway restrictions No increase in the base flood elevation may be permitted unless: 1.

The total cumulative effect on the proposed development, when combined with all other existing and anticipated development, will not increase the base flood elevation more than one (1) foot for the affected hydraulic reach of the stream and will not increase flood damages or potential flood damages;

2.

A permit has been issued by the Illinois Department of Natural Resources, Office of Water Resources; and

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3.

F.

For all projects involving channel modifications or fill, including levees, the developer shall provide to the City and the City shall submit such data to the Federal Emergency Management Agency to revise the regulatory flood maps and profiles.

Watercourse standards The City shall notify adjacent communities and the Illinois Department of Natural Resources, Office of Water Resources, and the Federal Insurance Administration prior to any alteration or relocation of a watercourse. The flood-carrying capacity within the altered or relocated portion of any watercourse shall be maintained.

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DIVISION 3 - STORMWATER MANAGEMENT, STORM SEWERS AND OTHER DRAINAGE FACILITIES SEC. 5-3.1 A.

B.

APPLICABILITY

All developments shall provide for stormwater management. This means any activity which causes a change to be made in the legal rights or physical state of real estate such that: 1.

The activity creates a substantial use demand for new sanitary sewage service, collection and treatment, or the activity shall require the extension of a sanitary sewer system collector or interceptor, or the installation and capping of sanitary sewer lines; or

2.

The activity constitutes any mining, quarrying, or other excavations related thereto; or

3.

The activity constitutes the creation or change of a subdivision or resubdivision or lot line adjustment; or

4.

The activity constitutes the creation or change of a manufactured home park; or

5.

The activity constitutes the creation or change of a comprehensive planned development; or

6.

The activity will result in an increase of impervious surface area on a site or will change the existing runoff pattern for the site.

No development shall be approved unless the City Engineer approves a stormwater management plan which attenuates the acceleration of runoff due to development.

Stormwater management plan means a report, plans and documents which identify the water which naturally flows to, from and through the development, the means of controlling the stormwater runoff release from the development, and the storage potential provisions for the anticipated excess stormwater runoff.

1.

A stormwater management plan is required for all developments which meet the following criteria: a.

Residential developments of five (5) or more acres gross aggregate land area, including roads, utility rights-of-way, and any other dedicated lands. Residential developments of less than five (5) acres, if the amount of impervious surface is greater than fifty (50) percent of the area of development.

b.

Nonresidential developments of two (2) or more acres gross aggregate land area including roads, utility rights-of-way, and any other dedicated lands. Nonresidential developments of less than two (2) acres, if the amount of impervious surface is greater than fifty (50) percent of the area of development.

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2.

The following activities or developments shall be exempt from these regulations: a.

The transfer of any existing building or use rights for use of a single individual parcel, as it then exists immediately prior to any sale or lease where such transfer or lease does not create any additional parcel by exception; or

b.

The dedication of land for public use to a public entity, the vacation of any land so dedicated, and the taking of property rights through eminent domain or inverse condemnation; or

c.

The construction of one (1) single- or two-family dwelling and/or farm-related structures on a single lot or the creation or transfer of a single lot of ten (10) acres or more, except where such acreage or structures are at locations of future streets as designated in the official Comprehensive Plan; or

d.

The maintenance or improvement of an existing public street or railroad by a public utility not involving redesign if the work is carried out on land within the boundaries of the right-of-way; or

e.

Work by any utility not including redesign for the purpose of inspection, repair, renewal or construction on established rights-of-way of any sewers, mains, pipes, cables, utility tunnels, power lines, power poles, trunk lines or the like; or

f.

The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products or for other agricultural purposes; or

g.

Individual installation of a building sewer, service connection, or lateral; or

h.

Parking lots or additions to parking lots where the total size is less than five thousand (5,000) square feet in area; or

i.

Building additions of less than two thousand (2,000) square feet where the construction adds less than fifteen (15) percent to the building size, provided, however, that all additions within a five-year period shall be considered in the aggregate.

j.

Developments of less than two (2) acres located in the B3 Central Business Zoning District; or

k.

Existing developed sites that are redeveloped with a new impervious surface area less than or equal to the preexisting impervious surface area, provided that the existing drainage patterns are not changed and water is not allowed to flow over the surface onto the public right-of-way.

The developer shall be required to submit a site plan and a statement, sealed by an Illinois Professional Engineer, stating that the development is exempt from the storm water management plan requirements and specify which exemption(s) are applicable.

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SEC. 5-3.2

STORMWATER MANAGEMENT PLAN

A.

Preparation of stormwater management plan All computations, plans and specifications related to the implementation of this article must be prepared and sealed by a professional engineer registered in the State of Illinois. After the development has been completed, a professional engineer registered in the State of Illinois, shall certify to the City that the development was built according to the plans and specifications approved by the City. All exceptions shall be noted with explanations. Developer is subject to corrective actions if changes are made without approval from the City Engineer.

B.

Plan requirements Unless the City Engineer excludes specific items, the stormwater management plan shall include, but not be limited to, the following information: 1.

A topographic map of the project site, and a drainage basin limits map and other pertinent data necessary to define flows entering the development from adjacent land. Maps shall be of suitable scale and contour interval, and include the extent of floodplains, calculated high water elevations, the shoreline of existing lakes, ponds, swamps and detention basins as well as their inflow and outflow structures, if any. Maps shall also include the fifty- and one-hundred-year floodplain elevations for any streams for which detailed flood studies have been prepared by the Illinois Division of Water Resources or federal agencies.

Floodway limits should also be shown as defined by available studies.

2.

The locations and invert elevations of all sanitary and storm sewers in the developing area or in adjacent areas.

3.

Detailed calculations of runoff anticipated for the developed site which indicates design volumes and existing and proposed runoff rates for each portion of the watershed tributary to the storm drainage system. The project engineer shall submit the calculations used to determine said runoff volumes and rates as well as a restatement of the criteria used throughout the calculations. Calculations are to be provided for a five-year storm, fifty-year storm and a one-hundred-year storm event.

4.

A site plan of the proposed stormwater management system including the location and size of all drainage structures, storm sewers, channels and channel sections, detention basins, outlet lines, and analyses of the effect of said improvement on the receiving outlet pipe, the associated channel and high water elevations.

5.

The slope, type, and size of all existing and proposed storm sewers and other waterways.

6.

A plot or tabulation of storage volumes with corresponding water surface elevations and of the basin outflow rates for five-year, fifty-year and one-hundred-year water surface elevations for all detention basins. If development work is to be performed in phases, said tabulations should be performed independently for each phase.

7.

Design hydrographs of inflow and corresponding outflow for both the fifty-year and one-hundred-year design runoff events for the site's projected final state of development and the calculated five-year, fifty-year, and one-hundred-year peak inflows from the

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development under natural, existing conditions and under the projected final state of development for all detention basins.

C.

8.

A profile and one (1) or more cross sections of all existing and proposed channels or other open drainage facilities, showing existing conditions and the proposed changes thereto. In addition, the project engineer will provide high water elevations expected from stormwater runoff under the controlled conditions called for by these regulations and the relationship of structures, streets, and other utilities to such channels.

9.

An engineering cost estimate detailing and explaining all construction costs associated with the stormwater management plan.

Design criteria for stormwater management plan 1.

Methods of determining stormwater runoff rate and volume Drainage and storage facilities shall be designed using one (1) of the methods of calculating the runoff discharge rate and total volume given below. The City Engineer may approve other calculation methods. a. b. c. d. e.

2.

TR-20 Rational Method or Modified Rational Method TR-55 Quick TR-55 Pond - 2

Release rate The controlled release rate of stormwater runoff from developments subject to this section shall not exceed the subject property's rate of runoff from a five (5) year storm prior to the proposed development. The design rate at which stormwater runoff is delivered to a designated stormwater storage area shall be based on a fifty-year storm after full development. The storm sewers, however, shall be designed to deliver a runoff resulting from a ten (10) year storm, flowing under gravity conditions. The balance of runoff is to be delivered by overland flow or in the storm sewers under surcharge conditions.

In the event the natural downstream channel or storm sewer system is inadequate to accommodate the required release rate, the allowable release rate shall be reduced to that rate permitted by the capacity of the downstream channel or storm sewer system without overflowing its banks or surcharging of sewers.

3.

Development design Streets, blocks, lots, parks, and other public grounds shall be located and designed to give a continuous surface relief path avoiding the flooding of buildings and structures, and to preserve and utilize existing and planned streams, channels, and detention basins.

Whenever possible, streams and floodplains shall be located within parks and other public grounds.

4.

It is unlawful for any person to construct or cause to be constructed any drainage facility for the purpose of the detention or retention of water within a distance of ten (10) feet plus one-and-one half times the depth of any drainage facility adjacent to the right-of-way of any

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public highway without the written permission of the highway authority having jurisdiction over the public highway. It is also unlawful for any person to construct or cause to be constructed any earthen berm such that the toe of such berm will be nearer than ten (10) feet to the right-of-way of any public highway without the written permission of the highway authority having jurisdiction over the public highway.

D.

E.

Storm Sewers When storm sewers are required, storm sewers and inlets shall be designed with sufficient design capacity to transport surface water falling or draining onto the streets in a minimum ten (10) year storm reoccurrence period under the projected final state of development. Inlet spacing shall be determined in accordance with the most recent version of the Illinois Department of Transportation Drainage Manual. The developer's engineer shall submit calculations showing compliance with these regulations: 1.

The City Engineer may approve alternate drainage systems if a detailed engineering study performed by an Illinois registered professional engineer demonstrates that the alternate drainage system provides a level of service equal to the standard required without increasing maintenance and operating costs to the City.

2.

Storm sewer service connections shall be provided for each lot for all developments. If a sump pump is discharged into a storm sewer or storm sewer service connection, an air gap or backflow prevention device shall be installed in the sump pump line to prevent flooding should surcharging of the storm sewer occur.

3.

The developer shall maintain temporary drainage courses and structures that are not in the public right-of-way and/or are not part of the proposed plat which are necessary to protect the public from flood risk until they are replaced with permanent facilities. Maintenance of such facilities shall be assigned according to Sec. 5-3.3.

4.

When an existing drainage course in the area of the proposed development abuts an existing closed conduit system, the developer shall extend the existing conduit system in full compliance with this article.

5.

No plat of any development shall be approved unless the developer provides for, and guarantees the construction of a storm sewer system adequate to serve the needs of the area when it is fully developed as proposed in the general area plan or, if no general area plan is required, the area covered by the development plat. The City Engineer shall approve the location and design of the storm sewer system.

6.

Stormwater management facilities shall be designed to facilitate the effective and efficient operation of stormwater facilities of adjacent areas of the same watershed and to minimize operation and maintenance costs.

Detention facilities The increased stormwater runoff resulting from a proposed development may be stored in appropriate detention facilities including wet bottom reservoirs, dry bottom reservoirs, parking lots and underground storage systems. The following standards shall govern the design of detention facilities:

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1.

Storage volume The volume of storage capacity provided in detention facilities shall be sufficient to store the excess stormwater runoff resulting from a fifty (50) year rainfall as published by the Illinois Department of Transportation in its "Drainage Manual." This volume shall be the required volume necessary to store the fifty (50) year rainfall event for the developed site minus the released rainfall available for a five (5) year rainfall event for the predeveloped site as determined in Sec. 5-3.2 C (2).

2.

Release rate At no time during the design storm shall the stormwater runoff release rate exceed the allowable release rate required in Sec. 5-3.2 (C)(2).

3.

Release velocity Detention facilities shall release stormwater at a nonerosive velocity. Protected channels receiving detention discharge shall incorporate features to reduce velocity to nonerosive levels where such discharge enters the unprotected channel.

4.

Spillway An emergency spillway shall be provided to permit the safe passage of runoff generated from a one-hundred-year storm or greater under developed conditions.

5.

Freeboard Wet and dry bottom reservoirs, greater than four (4) feet in depth or larger than 0.10 acre in size, shall have adequate capacity to contain the storage volume of tributary stormwater runoff in a fifty-year storm with at least one (1) foot of freeboard above the water surface.

Wet and dry bottom reservoirs less than or equal to four (4) feet in depth and less than 0.10 acre in size shall be designed with freeboard adequate to store the 100 year storm or 6" above the water surface elevation for the 50 year storm, whichever is greater.

6.

Physical aspects of wet and dry bottom reservoirs To ensure public safety, the protection of the facility, the ease of facility maintenance, facility durability and aesthetics, the following shall be considerations in detention facility design: a. b. c. d. e. f.

The water depth near the perimeter of a storage pool shall be limited. Access restrictions (fence, walls, etc.) may be required if land availability dictates greater water depth.

The amount and geometric shape of available land sites and location of the detention facility will influence depth and side slopes specifications and other design factors.

To facilitate maintenance and reduce safety hazards, the side slopes for grassed areas should not be steeper than one (1) foot vertical in four (4) foot horizontal.

To promote surface drainage for grass mowing and multiple purpose use, grass bottoms in detention basins should be designed with minimum slopes of one (1) percent.

Provisions should be made to protect the facility from soil erosion under all probable flow conditions imposed by the design storm.

Control devices should be adequately protected from theft and vandalism.

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g. h. i. j. k. l.

7.

Dry bottom reservoir construction detail A dry bottom reservoir should be designed to drain within twenty-four (24) hours after a twenty-five-year rain event, and after associated flows have ceased. Further, the following construction details shall apply to the design and construction of a dry bottom reservoir: a. b. c.

8.

The facility's landscaping should harmonize with the surrounding area.

The design shall facilitate control and removal of debris both in the storage structure and in all inlet or outlet devices.

Inflow and outflow structures, pumping stations, and other structures should be protected and designed to minimize safety hazards.

To promote the facility's durability, longevity and physical appearance, construction specifications should require quality materials and workmanship.

The outflow structure shall have an orifice, weir plate or similar control device to contain the basin's outflow at the same release rate specified in Section 5-3.2 (C)2.

To minimize debris, a debris catcher chamber shall be installed at the inlet end of reservoirs greater than ten (10) acre-feet. For ponds smaller than ten (10) acre-feet, a manhole constructed two (2) feet deeper than the inlet and outlet pipes may serve as a debris catcher.

Grass and other vegetation used to line the bottom and sides of the reservoir shall be able to sustain a minimum thirty-hour period of inundation.

Whenever possible, the dry bottom reservoir should be considered for other land uses during dry periods. Appropriate secondary land uses include: baseball fields, tennis courts, playgrounds and parks.

To expedite drainage, french drains shall be included in any dry bottom reservoir having multiple land uses. Each tile line shall have a cleanout and/or manhole at each end to allow maintenance.

Wet bottom reservoir construction details Wet bottom reservoirs shall be constructed with a permanent pool that is not considered a part of the storage capacity of the reservoir. Only the volume above the permanent pool of water may be included in the drainage calculations. Considerations to be utilized in design and construction of a wet bottom reservoir are: a. b.

c. d. e.

When possible, facilities should be provided that completely drain the full reservoir, if needed.

The minimum permanent pool depth shall be four (4) feet, except when stocked with fish, in which case, a minimum of twenty-five (25) percent of the reservoir shall have a normal permanent pool depth of at least eight (8) feet. The desirable edge slope for safety shall be one (1) to eight (8) with a maximum of one (1) to four (4).

If fishing, boating and other recreational activities are to be allowed, supplementary facilities for these activities should be designed and constructed in accordance with appropriate codes and ordinances.

The design shall minimize problems of erosion due to ice, wind or wave action.

The design shall prevent pollution of the reservoir. The operation and maintenance plan shall require the responsible party to test the reservoir's water quality twice yearly in accordance with Illinois Environmental Protection Agency (IEPA) requirements. Whenever pollutant levels are found to exceed IEPA standards, the

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plan shall require corrective actions to lower levels in compliance with IEPA standards.

9.

Parking lot detention Paved parking lots may be utilized for stormwater detention with the following restrictions: a. b. c.

10.

Minimal detention excepted.

Where the management plan calls for less than three hundred (300) cubic feet of detention, the construction requirement is not mandatory.

11.

Other detention facilities.

Upon City Engineer approval, other types of detention facilities may be provided to satisfy a part or all of the detention requirements. Alternative facilities will be evaluated on a case-by-case basis.

SEC. 5-3.3 A.

B.

The water depths shall be designed to pond a maximum depth of six (6) inches for a one hundred (100) year rainfall event where vehicles will be parked.

The parking lot may not violate appropriate provisions of other ordinances governing their design and operation.

Developer shall erect signs stating â&#x20AC;&#x153;This stall subject to flooding during heavy rainfall eventsâ&#x20AC;? in each stall where the depth of water in the stall during the one hundred (100) year peak event is greater than or equal to three (3) inches. Signs shall be approved by the City Engineer.

CONSTRUCTION OF DRAINAGE FACILITIES

Construction timing Detention facilities in a particular basin shall be constructed in the early stages of development to minimize excess flow during construction, and to collect sediment, top soil and other construction related materials which could flow into the drainage system during development. Upon the completion of the land development, the detention facilities are to be restored to the original cross section illustrated on the development plans which the City Engineer previously approved. The City Engineer shall approve the manner and disposition of any deposits removed from the facility. The bond for development will not be released until the City Engineer has certified that the detention facility has been restored to its original design cross section. If parking lots or other detention facilities are not available at the initiation of construction, the developer shall provide alternatives to minimize flooding and degradation of water quality until the permanent detention facilities are constructed.

Performance standards 1.

Stormwater channel location.

In only a few special occasions will stormwater be allowed to be transported in above ground channels within a development. For example, these channels may be centered on lot lines or entirely within the rear yards of a single row of lots or parcels.

In each case, a drainage easement with sufficient width to facilitate maintenance and design flow shall be provided and illustrated on the plat. The plat shall also include restriction on

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use of the easements so that the channel is free and clear of all permanent and temporary structures, trees, bushes and other vegetation.

C.

2.

Storm sewer outfall.

The storm sewer outfall shall be designed to adequately protect against erosion and scouring by means of energy dissipators, gabions, rip-rap, falls, or City Engineer approved alternatives.

3.

Manholes.

All utility manholes, except storm sewer manholes constructed in an area designed for the storage or passage of stormwater, shall be provided with a watertight manhole cover.

Cooperative drainage structures Whenever possible, developers are encouraged to construct storage facilities which serve more than one (1) development. In cases where this is deemed beneficial, the City may consider and determine the terms and conditions of a recapture agreement to establish financing and contractual repayment arrangements for the construction of a detention/retention facility designed to serve the subject development and adjoining properties. The agreement is subject to City Council approval. If the development is outside the City limits, such reimbursement shall be made when the entire development is annexed or in compliance with other terms and conditions approved by the City Council.

SEC. 5-3.4

EASEMENTS AND ACCESS

If the City has agreed to assume ownership, maintenance and operation of detention facilities, permanent easement for the detention and conveyance of stormwater, including easements of access to structures and facilities, shall be dedicated to the City.

If another public body, i.e., park district, sanitary district, drainage district, etc., has agreed to assume ownership, maintenance and operation of said detention facilities, or any part thereof, and the City Engineer has approved an agreement for said ownership, as described in Sec. 5-3.5 â&#x20AC;&#x201C; Bonds and Maintenance Assurances below, providing for said ownership, maintenance and operation, then permanent ownership and/or easements shall be granted to the responsible public body. If a private corporation, e.g., developer, maintenance corporation, homeowners associations, etc., is to provide ownership, maintenance and operation of said detention facilities or any portion thereof, and the City Engineer has approved an agreement for said ownership, maintenance and operation, then the property shall be properly deeded to said private corporation.

The City of Galesburg, in all cases, will be granted perpetual access to all sites.

SEC. 5-3.5 A.

BONDS AND MAINTENANCE ASSURANCES

Posting a bond Upon approval of the stormwater management plan, but before the issuance of a building permit or recording of the subdivision plat, the City Engineer shall require the applicant to post a bond in accordance with Division 4-2.6 â&#x20AC;&#x201C; Final Plat.

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B.

C.

Maintenance agreement The developer shall provide for permanent maintenance and operation of the detention facilities, piping and appurtenances in the following manner and subject to the City Engineerâ&#x20AC;&#x2122;s approval. The stormwater management plan shall describe the facilities completely, with a complete set of plans and specifications, and shall include in the operations and maintenance section the minimum activities listed below: 1.

Maintenance of stormwater facilities such as pipes, channels, outflow control structures, and pumps;

2.

The frequency, responsible party and source of funds for dredging operations of channels and basins to remove sediment accumulation;

3.

Debris removal from channels and dry and wet basins;

4.

"Housekeeping" maintenance, such as grass cutting, weed removal, and fence repair;

5.

Mosquito control, e.g., spraying, fish stocking, and vegetation control;

6.

Periodic inspection of facilities to check for needed maintenance items.

7.

Illinois Environmental Protection Agency Water Quality Testing 5-3.2 (E) (8) (e) (Wet Bottom Reservoirs Only).

Management plan The management plan shall designate a public or private organization which will assume ownership, maintenance and operation of the detention facilities and will be responsible for performing all activities needed for proper operation. The City may consider assuming ownership of the facility if the following criteria are met: 1.

The development is located within the City limits.

2.

The facility is accessible through public rights-of-way or easements.

3.

The facilities are located and sized to minimize the number of facilities or to serve several subwatersheds if necessary.

4.

The facility is compatible with the surrounding land use.

In any case, public agencies shall reserve the right to refuse responsibility for detention facilities. In such cases, a private organization shall be designated. Such private organization shall be established in a manner approved by the City Engineer. The management plan shall include a signed agreement with the public or private organization which provides for perpetual operation and maintenance of the facilities, and shall provide for access to said facilities, in accordance with this subsection. Construction of the detention facilities and related appurtenances may not begin until the City Engineer has approved the stormwater management plan, and shall be performed prior to construction of other facilities in the basin, unless approved otherwise, in accordance with this subsection.

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SEC. 5-3.6

RECAPTURE AGREEMENTS

A.

When runoff from other areas outside the development necessitates construction of storm sewers of a larger size or greater depth than is required by Sec. 5-3.2 (D) of this article, the City, with the developer and/or adjacent benefiting property owners, may consider and determine the terms and conditions, and enactment of a recapture agreement to set forth the financing and contractual repayment arrangements for the installation of any oversized storm sewers during the initial phase of the development. Subsequent phases shall extend sewers in accordance with Sec. 5-3.3 of this article. Such agreements require City Council approval. If the development is outside the City limits, such reimbursement shall be made when the entire development is annexed or in compliance with other terms and conditions approved by the City Council.

B.

The developer will pay the cost of constructing and installing all elements of the drainage facility required to manage the existing stormwater runoff being accepted on site. The City Engineer shall approve the location and sizing of the drainage facility elements in accordance with generally accepted engineering and drainage solutions.

C.

Secondary drainage facilities shall be required when primary drainage facilities (storm sewers) are not adjacent to the lot to provide for individual storm sewer service connections as required under Sec. 5-3.2. The City Engineer shall determine the need for the installation of the facilities and, when required, the developer shall install the facilities in accordance with Sec. 5-3.10 of this DO.

SEC. 5-3.7

OBSTRUCTION OF DRAINAGE

Disposal of grass clippings, trash, debris, obstructions or unwanted materials into the storm sewers, storage basins, or within or along stormwater channels or in adjacent floodplain areas which may wash into sewers and channels is prohibited and subject to Sec. 5-1.1 of the DO.

SEC. 5-3.8

MINIMUM REQUIREMENTS IN FLOOD PRONE AREAS

The Director of Community Development or the City Engineer shall review all developments pursuant to Article 5 of this DO to assure that proposals are consistent with the need to minimize or eliminate flood damage. Utilities such as sewer, gas, electric and water shall be located so as to minimize or eliminate flood damage. The developer's engineer shall show such special treatment to utilities on a utilities plan when any part of a proposed development lies within a flood hazard area.

SEC. 5-3.9

EROSION AND SEDIMENTATION CONTROL

The developer shall take such steps as necessary to minimize soil erosion during and after construction. If there is a threat of erosion, the City shall require an erosion control plan to be submitted with engineering plans. The erosion control plan shall conform to all Illinois Environmental Protection Agency requirements.

Further, the following factors shall always be observed during any phase of development construction: A.

Natural vegetation should be retained and protected wherever possible. Areas immediately adjacent to natural watercourses should be left undisturbed whenever possible.

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B.

The smallest practical area of land should be exposed for the shortest practical time during development.

C.

Provisions shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after development.

D.

Permanent vegetation and structures should be installed as soon as practical during development.

SEC. 5-3.10

STANDARDS FOR STORM SEWERS AND SECONDARY DRAINAGE FACILITIES

A.

Storm sewer systems shall be constructed in accordance with the current addition of the Illinois Department of Transportationâ&#x20AC;&#x2122;s "Standard Specifications for Road and Bridge Construction."

B.

Storm sewer pipe material shall be of the type, class and strength given in the current edition of the IDOTâ&#x20AC;&#x2122;s "Standard Specifications for Road and Bridge Construction," and specifically approved by the City Engineer.

C.

Pipe shall be laid in a straight line and grade between structures except in unusual situations as specifically approved by the City Engineer.

D.

Minimum size of pipe between inlets in gutter and main sewer lines shall be ten (10) inches.

E.

Manholes shall be provided at all junctions of storm sewers.

F.

The maximum distance between storm sewer manholes shall be as follows:

Figure 5.1 Maximum Distance between Storm Sewer Manholes Pipe Diameter

Distance Between Manholes (Center to Center)

10" to 24"

350 feet

27" to 54"

450 feet

60" and over

600 feet

G.

Manholes shall be leak-tight and may be constructed of precast concrete units, concrete masonry units or cast-in-place concrete. Manholes which are greater than five (5) feet in depth, as measured from the invert of the manhole to the top of the masonry, shall be Type A manhole, constructed in accordance with the details shown on the "Highway Standards." Manholes which are less than five (5) feet in height shall be constructed without the use of a cone in the top section. The top shall be a precast reinforced slab with a minimum of six (6) inches in thickness with a twenty-four-inch centered opening offset to the inside wall of the manhole. Steps shall be provided in all manholes.

H.

Frames and lids for manholes shall be Type I in accordance with the "Highway Standards."

I.

Diameter of manholes shall be as follows:

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Figure 5.2 Required Manhole Diameter Outlet Pipe Diameter (Inside)

Manhole Diameter

18 inches and under

48 inches

21 to 42 inches

60 inches

48 inches and over

Actual diameter of outlet pipe plus 18 inches or a reinforced concrete pipe tee manhole as approved by the City Engineer

J.

Manhole and inlet bottoms shall be channeled to conform accurately to the sewer grade and shape and shall be brought together smoothly with well rounded junctions.

K.

Inlets shall be Type A, B, G-1, or as appropriate for the storm sewer design, in accordance with the "Highway Standards."

L.

The invert of temporary surface outlets, when permitted, shall be at least six (6) inches above the flow line of the adjacent ditch. Erosion protection shall be required at the outlet and shall be approved by the City Engineer. Temporary pumping stations, when required, shall be approved by the City Engineer.

M.

No water from footing tiles or other source shall be pumped or discharged if such water may reasonably be expected to drain onto the surface of the street. Where possible, such water discharge pipes may be connected to discharge directly into the installed underground drainage facilities, or onto the ground in accordance with the provisions of Sec. 5-3.12.

N.

When secondary drainage facilities (any drainage improvements located on private property and not maintained by the City of Galesburg) are required, all construction shall conform to the following standards: 1.

Except as otherwise expressed or stated hereunder, the construction of secondary drainage facilities shall be in accordance with the "Standard Specifications for Road and Bridge Construction."

2.

Pipe material for the secondary drainage system located on private property and not maintained by the City of Galesburg, may be of a PVC type approved by the most recent edition of the Illinois Department of Transportation, Standard Specifications for Road and Bridge Construction.

3.

Pipe size shall be a minimum of six (6) inches internal diameter including such lateral connection for each lot within the right-of-way.

4.

Pipe shall be laid on a uniform grade.

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5.

The secondary drainage service to lots shall be installed within the street right-of-way.

6.

Manholes shall be provided at all junctions of the secondary drainage pipe. Material and the design of manholes shall be approved by the City Engineer. The connection of all secondary facilities to primary storm sewers shall be approved by the City Engineer.

7.

Dead ends of secondary systems shall be provided with cleanouts. The material and design of the cleanouts shall be as approved by the City Engineer.

SEC. 5-3.11

LOT OWNERâ&#x20AC;&#x2122;S RESPONSIBILITIES; CITYâ&#x20AC;&#x2122;S RIGHT TO LIEN

The stormwater drainage facilities shall be maintained by the lot owners in the subdivision unless this maintenance responsibility is clearly given to one or more lot owners as identified on the approved plat. The responsible lot owners shall be jointly and severely liable for said cost. If the responsible lot owners fail to maintain the drainage facilities, however, the City may perform the maintenance, or repairs, on the drainage facilities and may place a lien on the lots in the subdivision for the cost of the repairs, or maintenance, provided that the City provides the responsible lot owners written notice of its intention to make said repairs, or maintenance, and allows the responsible lot owners thirty (30) days to correct such deficiencies.

If the responsible lot owners fail to correct such deficiencies, however, the City may then place a lien against the responsible lot owners.

SEC. 5-3.12 A.

SUMP PUMP DISCHARGE

Subdivisions In all new subdivisions, the developer will be required to provide a sump pump discharge line in accordance with Sec. 5-3.2 D (2) located behind the concrete curb and gutter that will accommodate the subsurface discharge from around the foundation of the building served.

1.

The lateral shall be attached to the primary sump pump discharge conduit by the installation of a tee or saddle connection only. If a sump pump is discharged into a storm sewer service connection, an air gap or backflow prevention device shall be installed in the sump pump line to prevent flooding should surcharging of the storm sewer occur.

2.

The primary sump pump discharge system shall connect all conduits to other storm sewers, inlets, or catch basins, manholes or improved drainage ways of sufficient size, grade, and capacity to carry the discharge reasonably expected, but in no case shall the pipe be smaller than six (6) inches.

3.

Clean outs shall be installed at the end of each primary sump pump discharge line, at all changes in grade or alignment, and at distances not greater than four hundred (400) feet between clean outs or between clean outs and manholes or inlets. Inlets or manholes may be substituted for clean outs located within the public right-of-way.

4.

No sump pump discharge lateral or primary conduit shall be installed beneath a public street pavement. The City will not accept responsibility for maintenance of any primary sump pump discharge line.

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B.

5.

All sump lines not constructed of metallic material shall be installed with tracer wire.

Tracer wire shall be #12 THWN single conductor solid copper cable. Tracer wire shall be terminated at clean outs.

6.

Where a storm sewer line is not available, sump pump discharge should be made into a turfed area at least 10 feet from all structures, all adjacent property lines, and public right-ofway. No digging or excavation of the public right-of-way or private property adjacent to the public right-of-way, will be allowed in order to drain said sump pump. Said sump-pump discharge must be made to flow at the pre-existing ground elevation 10 feet from the public right-of way.

7.

In areas where a storm sewer line is not available but there is an open public ditch, sump pump discharges can be outlet directly into the public ditch upon approval of the City Engineer and upon proper filing of a Terrace Opening Permit.

Existing Properties All sump pumps installed after January 1, 1992 in any premises, not including replacements, shall be maintained so that the discharge from the sump pump shall be either: 1.

2.

3.

Directly into a storm sewer in accordance with rules in effect for new installations; or Where a storm sewer line is not available, sump pump discharge should be made onto a turfed area at least 10 feet from all structures, all adjacent property lines, and public right-ofway. No digging or excavation of the public right-of-way or private property adjacent to the public right-of-way, will be allowed in order to drain said sump pump. Said sump-pump discharge must be made to flow at the pre-existing ground elevation 10 feet from the public right-of-way.

In areas where a storm sewer line is not available but there is an open public ditch, sump pump discharges can be outleted directly into the public ditch upon approval of the City Engineer and upon proper filing of a Terrace Opening Permit.

Replacements shall be construed to mean the replacement of any existing sump pump with or without modification to the interior piping only. Replacement of any exterior, underground piping for any reason shall require the exterior discharge piping in its entirety to comply with rules in effect for new installations.

SEC. 5-3.13

COMPLIANCE

Any person who violates, neglects, or refuses to comply with this article in any way is in violation of this Article and shall be fined no more than five hundred dollars ($500.00) for each such violation. A separate offense shall be deemed committed on each day such violation occurs or continues.

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ARTICLE 6 DEFINITIONS DIVISION 1 - GENERAL Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular and the word "shall" is mandatory and not directory.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned signs: A sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product or activity conducted or product available on or off the premises where such sign is displayed.

Accessory building: A subordinate building which is incidental to and customary in connection with the principal building or use and which is located on the same lot or zoning lot with such principal building or use.

Accessory use: A subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot or zoning lot with such principal building or use.

Adult pornographic entertainment establishment: An adult booth, adult cabaret, adult store, or adult theater, as defined in this subsection.

A.

Adult booth: Any area of an adult entertainment establishment set off from the remainder of such establishment by one (1) or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

B.

Adult cabaret: Any commercial establishment that as a substantial or significant portion of its business that regularly features or provides any of the following: 1. Persons who appear nude or semi-nude.

2. Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

C.

Adult material: Any of the following, whether new or used: 1. Books, magazines, periodicals, or other printed matter, or digitally stored materials; or 2. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual

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representations or recordings of any kind, that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.

3. Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

4. Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.

D.

Adult store: Any commercial establishment that (a) contains one (1) or more adult booths; (b) that as a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or (c) that has a segment or section devoted to the sale or display of adult materials.

E.

Adult theater: Any commercial establishment that as a substantial or significant portion of its business regularly features for presentation, films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.

Agriculture: The growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, aquaculture, dairying, floriculture, horticulture, nurseries, tree farms, sod farms, pasturage, viticulture, wholesale greenhouses, and the growing, developing, processing, conditioning, or selling of hybrid seed corn, seed beans, seed oats, or other farm seeds. In interpreting the foregoing definition, it is the intent of this Ordinance to make the definition of agriculture as used herein identical to the definition of agriculture used in 55 ILCS 5/5-12001, as amended from time to time.

Animal hospital/veterinary clinic: A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-term boarding or if needed for medical observation.

Animal Shelter: A facility used to house or contain stray, homeless, abandoned, or unwanted animals and which is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals. An animal shelter may include outdoor fenced areas where dogs are allowed during daylight hours.

Animated sign: Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of movement by the use of lighting, pictorials or graphics in a progression of frames.

Antenna array: An antenna array is one (1) or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The antenna array does not include the support structure.

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Approved combustible materials: Wood, or materials not more combustible than wood.

Approved combustible plastics: Means those plastic material more than 0.050 inch thick, which when tested for flammability in sheets 0.060 inch thick in accordance with American Society for Testing Materials Standards D 635 does not burn at a rate exceeding two and one-half (2 ½) inches per minute.

Arcade: A business establishment offering for public use four or more video, pinball, or similar playeroperated amusement devices for commercial use.

Arterial street: A major roadway bisecting Galesburg as detailed in the Cityâ&#x20AC;&#x2122;s Transportation Plan.

Artist studio: A work space for artists or artisans, including individuals practicing one of the fine arts or skilled in an applied art or craft.

Assembly hall (includes banquet or meeting hall): A structure for groups of people to gather for an event or regularly scheduled program.

Attached wireless communication facility: An antenna array that is attached to an existing building or structure (attachment structure), which structures shall include but not be limited to utility poles, signs, water towers, rooftops, towers with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.

Automobile accessory store: A store selling automobile parts and supplies.

Automobile repair shop: A facility for the general repair and maintenance of automobiles, motorcycles or similar vehicles, including but not limited to the repairing or replacement of motors, bodies, fender, muffler, or upholstery work, painting, and tire service and sales, but excludes dismantling or salvage.

Awning: A roof-like structure, constructed of fabric, metal or designed and intended for protection from the weather and/or as a decorative building element, and which projects from a wall or roof above a window, door, or walkway.

Awning sign: A sign on or attached to an awning that is supported entirely from the exterior wall of a building. This definition does not include any off-premises sign.

Bakery, retail: An establishment primarily engaged in the retail sale of baked products. The products may be prepared on or off-site. Such use may include incidental food service.

Bakery, wholesale: An establishment primarily engaged in the production and/or wholesaling of baked goods.

Banner sign: Any temporary sign of lightweight fabric or similar material that is attached to a pole or building and secured on at least two sides. National, state, or municipal flags shall not be considered banners.

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Bar: An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises.

Base flood: The flood having a one-percent chance of being equaled or exceeded in any given year. The base flood is also known as the 100-year flood.

Base flood elevation: The elevation in relation to mean sea level of the crest of the base flood.

Basement: A story having part but not more than one-half of its height below grade. A basement is counted as a story for the purposes of height regulation if subdivided and used for dwelling purposes.

Bed and breakfast inn: An owner-occupied single-family residence or portion thereof used for the renting of four (4) or fewer rooms to eight (8) or fewer adults on an nightly basis for periods of less than one week, where at least one meal is offered in connection with the provision of sleeping accommodations only.

Belt course: A projection of masonry or similar materials which wraps around at least part of a building and is attached to the same building.

Boardinghouse (also Lodginghouse): A building or place, other than a hotel or motel, where lodging or rooms, or both are provided for compensation, for three (3) or more, but not exceeding twelve (12) individuals, not open to transient guests, in contrast to hotels open to transients.

Broadcast towers: Only broadcast towers for AM stations and FM stations. It does not include wireless communications stations as defined by the Federal Telecommunications Act. Build: To erect, convert, enlarge, reconstruct or structurally alter a building or structure.

Buildable width: The width of a lot left to be built upon after the side yards and easements are provided.

Building: Any structure having a roof supported by columns or walls built for the support, shelter or enclosure of persons, animals, chattels or property of any kind, but not including any vehicle, trailer (with or without wheels) nor any movable device, such as furniture, machinery or equipment. The word "building" shall include the word "structure" and "premises".

Building height: The vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

Building Inspector: The individual designated by the City Manager to administer the Development Ordinance.

Camping trailer: A trailer, not used commercially, constructed with partial side walls which fold for towing and unfold to provide temporary living quarters for recreational camping or travel use and of a size or weight not requiring an over dimension permit when towed on a highway.

Canopy sign: A sign on or attached to a permanent overhanging shelter that projects from the face of the building and is supported only partially by the building. This definition does not include any off-premises sign.

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Cargo container: A large, reusable vessel that is or appears to be: (1) designed for or used in packing, shipping, intermodal transportation of freight or other goods and (2) designed for or capable of being mounted on a rail car, truck trailer or loaded on a ship.

Cellar: A story having more than one-half of its height below grade. A cellar is not included in computing the number of stories for purpose of height measurement.

Cemetery: A place used for the interment of human or animal remains or cremated remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination thereof.

Changeable copy sign: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged, either manually or electronically.

Child care center: A State licensed facility where a person, other than a relative or guardian, provides care and supervision for five (5) or more children under seven (7) years of age, for less than twenty-four (24) hours a day for compensation.

Church (see religious institution): Clinic: An establishment where a number of physicians, dentists, or similar professions associate themselves together to practice their respective professions in a joint endeavor, in which patients are not lodged overnight.

Club or lodge: A building owned or operated by a corporation organized under the laws of the state, not for pecuniary profit, solely for the promotion of some fraternal, social, educational, recreational or cultural enrichment purpose. This definition includes accessory recreational uses such as, but not limited to, dance, gymnastics, class instruction, bingo and receptions.

Cluster Neighborhood Units: For the purposes of this Ordinance, Cluster Neighborhood Units shall be defined as attached single family units with a common wall or roof wherein each unit has direct exterior access and no unit is located above another, and each unit is completely separated from any other(s) by a rated fire wall with sound resistance as defined by the current Building Code adopted by the City of Galesburg, and wherein each dwelling unit is on a separate lot under separate ownership. A townhome is considered a type of cluster neighborhood unit.

Cocktail lounge: See “Bar”.

Coffee house, café, or teahouse: An informal restaurant primarily offering coffee, tea, and other beverages, and where light refreshments and limited menu meals may also be sold.

Collector street: A roadway designed to collect traffic from local streets and direct it to arterial roads and highways as detailed on the City’s Transportation Plan.

Collocation/site sharing: Use of a common wireless communication facility or common site by more than one (1) wireless communication license holder or by one (1) wireless license holder for more than one (1) City of Galesburg Development Ordinance Article 6 - Definitions

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type of communications technology and/or placement of a wireless communication facility on a structure owned or operated by a utility or other public entity.

Commercial/business vehicle: A truck or van with a company name or other message displayed on the vehicle.

Commercial establishment: Any place where admission is charged, services are performed, or products are provided for or upon payment of any form of consideration.

Commercial message: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

Commercial recreation uses: Any establishment whose main purpose is to provide the general public with an amusing or entertaining activity and where tickets are sold or fees are collected for the activity. This does not include movie theaters or adult entertainment establishments.

Community events sign: A sign advertising events or promotions that are sponsored by the City or religious, charitable, business or other associations and organizations.

Community facilities: A noncommercial use established primarily for the benefit and service of the population of the community in which it is located.

Community residences, family: A single-dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of no more than eight (8) unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a 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.

Community residences, group: A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of nine (9) to fifteen (15) unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a 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.

Comprehensive Sign Plan: A sign plan approved by the Planning and Zoning Commission indicating the size and location of all signs to be located in a unified business center.

Concealed light fixture: A light fixture in which the bulb is entirely concealed within a structure and which the light is diffused by opaque, frosted, prizmed, or otherwise unclear glass or plastic.

Construction vehicle: Any vehicle which is designed and used primarily for grading, paving, earth moving, and other construction work, that is required to comply with ILCS Ch. 625, Act 5, 12-712 and 12-713 on identification required to be displayed.

Convenience store: A small retail establishment offering for sale a limited line of groceries and household items for the convenience of the neighborhood.

Copy shop: A facility for the custom reproduction of written or graphic materials on a custom order basis for City of Galesburg Development Ordinance Article 6 - Definitions

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individuals or businesses. Typical services include, but are not limited to, photocopying, blueprint, and facsimile sending and receiving, and including offset printing.

Council: The City Council of the City of Galesburg, Illinois.

Craft and hobby shop: A business establishment whose primary business is the sale of materials related to craft and hobby activities. It also includes those businesses that produce, on the premises, articles for sale of artistic quality or effect or handmade workmanship.

Crematory: A location containing properly installed, certified apparatus intended for use in the act of cremation.

Cul-de-sac: A short dead-end street.

Dance hall: Any room, place or open space available to the general public in which is carried on dancing wherein the public may participate, whether or not a charge for admission for dancing is made.

Day care home: A facility which meets the requirements (including definition and licensing) of the Illinois Department of Children and Family Services and is in compliance with the Child Care Act of 1969 as amended. It also includes any facility receiving one to three children and facilities receiving only children from a single household.

Deciduous: A plant with foliage that is shed annually.

Department store: A business conducted under a single ownerâ&#x20AC;&#x2122;s name wherein a variety of merchandise and services are housed and are exhibited and sold directly to the customer for whom the goods and services are furnished.

Developer sign: A sign announcing the impending construction of a project, limited to displaying the name of the project, the developer, the financial institution providing the finance, the designer(s), the general contractor, a phone number where more information may be obtained, and a date announcing the planned completion of the project.

Development (stormwater management): Any manmade change to real estate, including: A. Construction, reconstruction or placement of a building or any addition to a building valued at more than one thousand dollars ($1,000.00); B. Installing a manufactured home on a site, preparing a site for a manufactured home or installing a travel trailer on a site for more than one hundred eighty (180) days; C. Installation of utilities, construction of roads, or similar projects; D. Construction or erection of levees, walls, fences, bridges or culverts; E. Drilling, mining, filling, dredging, grading, excavating or other nonagricultural alterations of the ground surface; City of Galesburg Development Ordinance Article 6 - Definitions

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F. Storage of materials; or G. Any other activity that might change the direction, height or velocity of flood or surface waters.

Development does not include maintenance of existing buildings and facilities such as: re-roofing; resurfacing roads; or gardening, plowing and similar agricultural practices that do not involve filling, grading or construction of levees.

Director of Community Development: The Director of Community Development of the City of Galesburg, Illinois, or the directorâ&#x20AC;&#x2122;s duly authorized agent(s).

Directory Sign: A permanent freestanding sign identifying the businesses within a planned multipleoccupancy development, such as a regional shopping center, an industrial park or a business park.

Disability: A physical or mental impairment which substantially limits one (1) 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.

Display lot (exterior lighting): Outdoor areas where active nighttime sales activity occurs. To qualify as a display lot, one (1) of the following specific uses must occur: automobile sales, boat sales, tractor sales, building supply sales, gardening or nursery sales, assembly lots, or swap meets. Uses not on this list must be approved as display lot uses by the Community Development Director.

Display surface: The entire area within a single continuous perimeter enclosing the extreme limits of a sign.

However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.

District: A part of the City wherein regulations of this chapter are uniform.

Dormitory: A building intended or principally used for sleeping accommodations where such building is related to an educational or public institution, including religious institutions.

Drainage facility: Any or all components of a drainage system including detention facilities.

Drive-through facility: A facility where patrons are, or can receive goods and services while waiting in vehicles.

Driveway: A concrete, asphalt, gravel, brick or other permanent low dust surface.

Drugstore: See â&#x20AC;&#x153;Pharmacyâ&#x20AC;?

Dry bottom reservoir: An earthen detention basin constructed so that it drains completely after the rainstorm and associated flows subside.

Dry cleaner: An establishment or business which launders or dry cleans articles directly on the premises or City of Galesburg Development Ordinance Article 6 - Definitions

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which is maintained for the pickup and delivery of dry cleaning where laundering or cleaning is done offsite.

Dwelling: Any building or portion thereof which is designed and used exclusively for residential purposes, containing living, sleeping, housekeeping accommodations, and bathroom facilities.

Dwelling, attached single-family: A one-family dwelling which has at least part of a wall in common with or connected by a roof to one (1) or more one-family dwellings.

Dwelling, multi-family: A building designed for occupancy by more than two (2) families.

Dwelling, single-family detached: A building, separated from another building or buildings, designed for occupancy by one (1) family, on a single lot.

Dwelling, two-family: A building designed for occupancy by two (2) families.

Dwelling unit: One (1) or more rooms in a dwelling intended to be occupied as separate living quarters by a single family as defined herein.

Educational institution: A public, parochial, or private institution that provides educational instruction to students including associated grounds and athletic and related facilities. This definition does not include commercial trade or business schools.

Effective date of this DO: The effective date of this DO, or the effective date of an amendment to it if the amendment makes a use, structure sign or other nonconforming.

Elderly housing: Typically includes one and two-bedroom apartments or condominiums designed to meet the needs of persons 62 years of age and older with conditions requiring the majority of occupants to be age 62 or over. Medical, dining, and recreational facilities may be included on site. Also may include assisted living units, or supportive living facilities, in which occupants receive assistance with daily activities, such as dressing, preparing meals, grooming, etc.

Electrical sign: Any sign which has characters, letters, figures, designs, faces, backgrounds or outlines illuminated by incandescent or fluorescent lamps or luminous tubes as part of the sign proper, these light sources being either external or internal, or signs which have movable parts which are moved by electric force.

Electronic message sign: A sign with a fixed or changing display or message indicating products or services offered upon the premises where the sign is maintained, that is internally illuminated and may be changed through electronic means. A time and/or temperature sign shall not be considered an electronic message sign.

Equipment facility: Any structure used to contain ancillary equipment for a wireless communication facility which includes cabinets, shelters, a build out of an existing structure, pedestals, and other similar structures.

Erect: To build, construct, attach, hang, re-hang, place, affix, or relocate and includes the painting or lettering of a sign.

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Excess stormwater runoff: That portion of stormwater runoff resulting from the proposed land use and which exceeds the runoff from the existing land use for a storm with a five-year average recurrence interval.

Exterior parkway: The unpaved portion of the public street right-of-way in front of a property.

External illumination: Illumination of a sign which is produced by an artificial source of light which is not contained within the sign itself.

FAA: Federal Aviation Administration.

Facade: Any side, surface or wall below the roof of a building which is parallel or within forty-five (45) degrees of parallel with a parcel's frontage on a public thoroughfare, which faces toward and relates to that public thoroughfare. If a building has a complex shape, then all walls or surfaces facing in the same direction, or nearly the same direction, are part of a single facade.

Facing: The surface of the sign upon, against, or through which the message of the sign is exhibited.

Family: An individual or two (2) or more persons related by blood, marriage, adoption, guardianship, or duly-authorized custodial relationship occupying a dwelling unit as an individual housekeeping organization. A family may include not more than two (2) persons not related by blood, marriage, adoption, guardianship, or duly-authorized custodial relationship.

Farm: An area which is used for the growing of the usual farm products such as vegetables, fruit, trees, and grain, and their storage on the area as well as the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine, and including dairy farms. The term "farming" includes the operating of such an area for one (1) or more of the above uses with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, and provided, further, that farming does not include the extraction of minerals, the feeding of collected garbage or offal to swine or other animals or intensive livestock raising, such as commercial feed lots or large batteries of rabbit hutches on farms of less than forty (40) acres.

FCC: Federal Communications Commission.

Feed store: An establishment engaged in retail supplies directly related to the day-to-day activities of agricultural production.

Fence: An artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected for the purpose of providing a boundary to separate areas (excluding retaining walls), or to provide a means of protection or security, or to prevent uncontrolled access, or for decorative purposes, or to screen from viewers in or on adjoining properties and streets.

Fence height: The vertical distance from the lowest adjoining grade to the topmost portion of the fence as measured from the adjacent ownerâ&#x20AC;&#x2122;s property or â&#x20AC;&#x153;outsideâ&#x20AC;? of fence.

Fifty-year rainfall: A precipitation event having a two (2.0) percent chance of occurring in any one (1) calendar year.

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Filling/service station: Any building or premises used for the sale, at retail, of motor vehicle fuels, oils or accessories, or for servicing or lubricating of motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacement of motors, bodies, or fenders of motor vehicles, or painting motor vehicles. The term does not include public garages.

Final plat: A map of all or part of a subdivision or resubdivsion and any supporting documentation, intended for recording.

Financial institution: Banks, credit unions, savings and loans, investment companies and brokers. For the purpose of this definition, independent currency exchanges, loan companies, and pawn shops are not considered to be financial institutions.

Fixed manufactured home: A structure designed for permanent habitation and so constructed as to permit its transport by trailer or on wheels temporarily attached to its frame from the place of its construction to the location at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for one (1) or more persons. Such structure shall have the hitch and wheels removed and shall be placed on a concrete block foundation with or without supporting piers, without which such modifications, no occupancy permit for such structure shall be issued.

Flag, corporate: A fabric or bunting displaying the name, insignia, emblem or logo of any nation, state, municipality or noncommercial organization.

Flag lot: A flag lot is a lot with all of the following characteristics: A. The lot includes a narrow corridor extending from the street frontage to the buildable part of the lot, where the width of the corridor is less than the required lot width. This narrow corridor is sometimes referred to as the â&#x20AC;&#x153;flagpole.â&#x20AC;?

B. The minimum lot width and the buildable part of the lot are located a distance of more than three (3) times the minimum front yard depth from the right-of-way.

C. The buildable part of the lot is generally located at a greater distance from the street, in relation to the buildable portion of other adjoining lots, which are not flag lots.

Flag, public: Any fabric or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

Flashing sign: A directly or indirectly illuminated sign where the source of illumination is not maintained constant or stationary in the intensity or color at all times when such sign is in use.

Flood or flooding:A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters, or the unusual and rapid accumulation of runoff of surface waters from any source.

Floor area, gross: The total number of square feet of floor space within the exterior walls of a building, not including space in cellars or basements; however, if the cellar or basement is used for business or City of Galesburg Development Ordinance Article 6 - Definitions

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commercial purposes other than storage, it shall be counted as floor area in computing off-street parking requirements.

Flower and plant shop: A business establishment whose principal activity is the selling of flowers and plants which are not grown on site and conduct business within an enclosed building.

Footcandle (exterior lighting): The illuminance on a surface of one (1) square foot in an area on which there is uniformly distributed a light flux of one (1) lumen.

For Sale/For Lease/For Rent signs: A sign which directs attention to a development with space for sale, lease or rent.

Foundation area: The ground area immediately adjacent to a building on all sides thereof. Foundation areas extend a minimum of three (3) feet in all directions from the foundation of the building.

Free-standing sign: Any sign not attached to a building; primarily ground signs, pole signs, pylon signs, and sandwich boards.

Frontage,lot: The horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of way. All sides of a lot that abuts a street shall be considered frontage. On curvilinear streets, the arc between the side lot lines shall be considered the lot frontage.

Frontage, block: All the property on one (1) side of a street or highway, between two (2) intersecting streets (crossing or terminating), or for a distance of four hundred (400) feet on either side of a proposed building or structure, measured along the line of the street, or if the street is dead ended, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street, but not including property more than four hundred (400) feet distant on either side of a proposed building or structure.

FTA: Federal Telecommunications Act of 1996.

Fully shielded light fixture: A lighting fixture constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as determined by a photometric test report or certified by the manufacturer. Any structural part of the light fixture providing this shielding must be permanently affixed.

Funeral home: A building used for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation. A funeral home, as defined for purposes of this code, includes a funeral chapel and mortuary.

Garage, private: An accessory building housing only vehicles owned and used by occupants of the main building. A private garage shall not house more than one (1) commercial vehicle.

Garage, public: A structure used for indoor parking and available for parking by the general public.

Garage, storage: Any building or premises used for housing only motor-driven vehicles, other than trucks and commercial vehicles, pursuant to previous arrangements and not to transients, and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired or sold.

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Glare (exterior lighting): The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility.

Golf course: A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course includes a clubhouse and shelter(s) as accessory uses.

Golf driving range: A limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee area.

Grade: The lowest part of elevation of the finished surface of the ground surface, paving, or sidewalk within the area between the building and the property line, or when the property line is more than ten (10) feet from the building, between the building and a line ten (10) feet from the building.

Greenhouse: A building or structure constructed chiefly of glass, glasslike or translucent material, which is devoted to the protection or cultivation of flowers or other tender plants.

Grocery store: Food markets, or combination food markets and departments stores with more than 4,000 square feet of floor area.

Ground sign: A sign which is supported by one (1) or more poles, uprights or braces in or upon the ground, with no more than twelve (12) inches clearance from the bottom of the sign to the ground below, which are not part of a building, other than pole or pylon and monument signs as defined in this chapter. This definition does not include any off-premise sign.

Gun shop: Any premises or portion thereof used for the sale, vending, dealing, exchange or transfer of two (2) or more firearms and ammunition at wholesale or retail within a twelve (12) month period.

Halfway house: A facility in which persons reside for an extended period of time (normally three (3) to twelve (12) months) to undertake a program of social rehabilitation or other similar program. Such uses shall provide room and board; and may include recreational, counseling, vocational and other rehabilitative service. This definition includes facilities for sex offenders, alcoholics or the chemically dependent and residents of state, federal, or local correction facilities.

Hardware store: A facility primarily engaged in the retail sale of various basic hardware lines, such as tools, plumbing and electrical supplies, paint and glass, housewares and household appliances, garden supplies and cutlery.

Health store: An establishment that is primarily engaged in the retail sale of health, vitamin, and other related products.

Heavy duty truck: Any vehicle over ten thousand (10,000) pounds actual weight, registered gross weight or the Gross Vehicle Weight Raging (G.V.W.R.) specified by the manufacturer or unlicensed motor vehicles and any equipment capable of being towed that is used in the construction industry and commonly referred to as heavy construction equipment (such equipment to include but not to be limited to auger, back hoe, cement mixer, crane, implement of husbandry, road grader, stump grinder and trailer).

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Height: When referring to a wireless communication facility, height shall mean the distance measured from ground level to the highest point on the wireless communication facility, including the antenna array.

Home occupation: Any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling or accessory building, and which is clearly subordinate to the residential use of the dwelling unit.

Hospitals: An establishment providing physical or mental health services, in-patient or overnight accommodations, and medical or surgical care of the sick or injured.

Hotel: A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contrast to a boardinghouse as herein defined.

Identification sign: A sign where the text gives the name and address of a building, business, development, or establishment. Such a sign may also be wholly or partly devoted to a readily recognized symbol.

Illuminated sign: Any sign which is lit by an artificial (usually electric) light source.

Indirect lighting: A source of external illumination located away from the sign, which lights the sign, but which is not visible to persons viewing the sign from any street, sidewalk or adjacent property.

Inflatable sign: Any sign or inflatable device of more than two (2) cubic feet in capacity designed to be filled with air or a gas lighter than air, displayed to attract the attention of the public. This definition shall include Balloons and Balloon Signs.

Institutional building: A building exclusively occupied by a nonprofit corporation or a nonprofit establishment for public use.

Instructional sign: A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," and other similar directives.

Interior parkway: A landscaped open space extending a minimum of ten (10) feet from all street right-ofway.

Internal illumination: The illumination of a sign which is produced by an artificial source of light concealed or contained within the sign itself, and which becomes visible in darkness through the translucent portion of the sign face.

Junkyard: Any land or structure used for salvaging operation, including, the storage and sale of wastepaper, rags, scrap metal and discarded materials and the dismantling, storage and salvaging of unlicensed, inoperable vehicles.

Kennel: An establishment where dogs, cats, or other animals are kept on a regular basis for the purpose of sale or in connection with building, training, care, or breeding, for which any fee is charged, or for adoption.

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Laboratory research testing: A facility for scientific laboratory research in technology-intensive fields.

Examples include biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, film, heat transfer, and radiation research facilities Landscaped open space: Land covered by trees, shrubs, turf grasses or ground cover. Impervious surfaces, such as buildings, parking lots, walkways, or patios are not considered landscaped open space.

Laundromat: A business that provides washing, drying, and/or ironing machines for hire to be used by customers on the premises. Includes those establishments that provide drop-off laundry service, but not dry cleaning.

Light penetration (exterior lighting): A form of artificial illumination emanating from a light fixture or illuminated sign that penetrates other property.

Limited access roadway: A highway or other roadway with access primarily from other roadways and not directly from driveways.

Loading space: An off-street space on the same lot as the building served, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials. The dimensions of which are at least twelve by fifty (12 x 50) feet, with a clearance of at least fourteen (14) feet.

Local street: A roadway designed to provide direct access to individual properties.

Lot: Any legally created lot, parcel, tract or land, or combination thereof, shown on a plat of record or recorded by metes and bounds that is occupied or intended for occupancy by a use permitted in this ordinance, including the principal building or buildings together with its accessory buildings, open spaces and parking spaces required by this DO, and having its principal frontage upon a road or street.

Lot area: The total area measured in square feet contained within the perimeter of the lot.

Lot area per dwelling unit: The amount of lot area required in a residential development, per dwelling unit.

Lot, corner: A lot abutting upon two (2) or more streets or roads at their intersection.

Lot, depth: The mean horizontal distance between the front and rear lot lines.

Lot, double frontage: A lot having a frontage on two (2) nonintersecting roads, as distinguished from a corner lot.

Lot of record: Any legally created lot or parcel of land, the deed of which has been recorded in the Office of the recorder of Deeds, or any lot created prior to October 21, 1968.

Lot width: The width of a lot to be measured at the front building setback line.

Lumen (exterior lighting): A unit of measure of the quantity of light which falls on an area of one (1) square City of Galesburg Development Ordinance Article 6 - Definitions

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foot, every point of which is one (1) foot from the source of one (1) candela. A light source of one (1) candela emits a total of 12.57 lumens.

Mail-order store: A use where goods are received and/or stored for delivery to the ultimate customer at remote locations.

Major street: (see Arterial street) Manufactured home: A dwelling unit fabricated in an off-site manufacturing facility for installation at the building site, bearing a label certifying that it is built in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401, et.seq), which became effective June 15, 1976. For mobile homes built prior to June 15, 1976, a label certifying compliance to the Standards for Mobile Homes (NFPA 501), in effect at the time of manufacture, is required. For the purpose of these provisions, a mobile home shall be considered a manufactured home.

Manufactured home park: A contiguous parcel of land which has been developed for the placement of manufactured homes, with accessory buildings and uses provided for the benefit and enjoyment of occupants.

Marquee sign: A sign which is attached to a fixed shelter used only as a roof which is entirely supported by the building to which it is attached. This definition does not include any off-premise sign.

Massage parlor: A building, room, place, or establishment other than a regularly licensed and established hospital or dispensary where non-medical or non-surgical manipulation exercises or devices are practiced upon the e human body manually or otherwise by any person other than a licensed physician, surgeon, dentist, occupational therapist, chiropractor, or osteopath with or without the use of therapeutic, electrical, mechanical, or bathing devices.

Monument sign: A freestanding sign which is supported by one (1) or more poles, posts or similar uprights or braces in or upon the ground provided the supports are concealed within a sign base.

Monument sign bases shall include material that harmonizes with the establishment it serves, including brick, block, concrete, stone and metal or similar materials.

Mortuary: See â&#x20AC;&#x153;Funeral home.â&#x20AC;?

Motel, motor court, motor lodge or tourist court: Any building or group of buildings containing guestrooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used, or intended wholly or in part for the accommodation of people traveling by motor vehicle.

Motor home, mini motor home or van camper: A self-contained motor vehicle, not used commercially, designed or permanently converted to provide living quarters for recreational, camping or travel use, with direct walk-through access to the living quarters from the driverâ&#x20AC;&#x2122;s seat. Such vehicles must include at least four (4) of the following: A.

A cooking facility with an onboard fuel source;

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B.

A gas or electric refrigerator;

C.

A toilet with exterior evacuation;

D. A heating or air conditioning system with an onboard power or fuel source separate from the vehicle engine; E. A potable water supply system that includes at least a sink, a faucet, and a water tank with an exterior service supply connection; F.

A 110â&#x20AC;&#x201D;125-volt electric power supply.

Motor vehicle: Every vehicle which is divided into two (2) divisions: A. First division: Those motor vehicles which are designed for the carrying of not more than ten (10) persons.

B. Second division: Those motor vehicles which are designed for carrying more than ten (10) persons, those designed or used for living quarters and those motor vehicles which are designed for pulling or carrying freight or cargo, and those motor vehicles of the first division remodeled for use and used as motor vehicles of the second division.

Motorcycle: Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor.

Mural Sign: A sign painted directly on a building for advertising or City beautification purposes.

Museum: A building serving as a repository for collecting, preserving and exhibiting historical, natural, scientific, or literary curiosities or objects of interest, or works of art. Accessory uses may include the sale of related goods and the holding of meetings and social events.

Nonconforming sign: Any sign that does not conform to the requirements of this Ordinance.

Nonconforming use: Any building or land lawfully occupied by a use at the time of passage of this DO or amendment thereto which does not conform after the passage of this DO or amendment thereto with the use regulations of the district in which it is situated.

Nude or state of nudity: A state of dress or undress that exposes to view (i) less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed; or (ii) human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.

Nursery/Garden center: An operation for the cultivating, harvesting, and sale of plants, shrubs, trees, and other nursery items grown on site or established in the ground prior to sale.

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Nursing home: A home for the aged or infirm, in which three (3) or more persons not of the immediate family are received, kept or provided with food and shelter or care, for compensation, but not including hospitals, clinics or similar institutions.

Obsolete sign: Any on-premises sign or facing that no longer advertising a bona fide business conducted or product sold on the premises.

Off-premises sign: Any sign that advertises activities, goods, products, services or facilities that are not sold or offered upon the premises where the sign is located, provided, however, that any sign authorized in this DO is allowed to contain noncommercial copy in lieu of any other copy.

On-premises sign: Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located, however, any sign authorized in this DO is allowed to contain noncommercial copy in lieu of any other copy.

One-hundred-year rainfall: A precipitation event having a one (1.0) percent chance of occurring in any one (1) calendar year.

Open air patio: A paved area or deck without a roof.

Outdoor light fixture (exterior lighting): An electrically powered illuminating device containing a total light source of more than three thousand (3,000) initial lumens per fixture (this is greater than a single one hundred (100) watt incandescent lamp), which is permanently installed outdoors, including but not limited to devices used to illuminate any site, architectural structure, or sign exterior.

Park: A noncommercial, not-for-profit facility designed to serve the recreational needs of the community.

Park, parked or parking: The standing of a vehicle, whether occupied or not, other than when temporarily and actually engaged in loading or unloading merchandise or passengers.

Parking space: A fully accessible surfaced area, enclosed or unenclosed, not less than nine (9) feet wide and eighteen (18) feet long, together with a surfaced access aisle connecting the parking space with a street, road or alley and permitting ingress, egress, and temporary parking of permitted automobiles without the necessity of moving any other vehicle.

Perimeter landscape area: An area around the periphery of a property not facing a public road. The Perimeter Landscape Area extends from the property line to the nearest building face, parking area, or access drive, exclusive of the foundation area and the interior parkway.

Personal service shop: An establishment or place of business primarily engaged in the provision of frequent or recurrent services of a personal nature, such as a nail salon, spa, barber shop or beauty shop.

Pharmacy: A facility for the retail sale and dispensing of drugs or medicines which are compounded or dispensed by or under the direct supervision of a registered pharmacist. This definition includes the sale of allied health care products such as walking aids, support bandages and braces, and similar medical products.

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Philanthropic institution: Any building, group of buildings, or organization devoted and supported by charitable funding.

Planning and Zoning Commission: The Planning and Zoning Commission of the City of Galesburg, Illinois.

Plat: A plat of subdivision, whether preliminary, final or minor plat consistent with requirements of the Illinois Plat Act (765 ILCS 205/ 0.01) including any updates, amendments, or supplements.

Plat of Survey: A map of a parcel or lot depicting boundaries of the property, and the location of all buildings, structures, and improvements with precise dimensions indicated which must be completed by an Illinois registered land surveyor.

Playground: An area developed for active play and recreation that may contain such facilities as sand boxes, slides, swings, climbing apparatus, and other similar facilities.

Pole sign: A sign which is supported by one (1) or more poles, uprights or braces in or upon the ground, which are not a part of a building. This definition does not include any off-premises sign.

Political sign: A sign or poster announcing a candidacy for public political office or a position on a referendum.

Pool halls: A business establishment containing more than three pool or billiard tables for the use of patrons.

Portable on-demand storage structures: Any container, storage unit, shed-like container or other portable structure that is intended for the purpose of filling or emptying personal property of any kind while located outside an enclosed building, other than an accessory building or shed complying with all building codes and land use requirements, and then later removed from the premises.

Portable sign: Any sign which is mounted on a trailer or its own wheels or is otherwise capable of being easily transported or moved from place to place, and includes such a sign even though the wheels of such sign have been removed and the remaining chassis is attached temporarily to the ground.

Preliminary plat: A tentative map indicating the proposed layout and showing all required details of a subdivision.

Figure 6.1 Portable Sign

Premises: A lot, together with all buildings and structures thereon.

Principal building: A building in which is conducted the main or principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the principal building of the lot on which the same is situated.

Professional office: A business that offers any type of personal service to the public which requires as a condition precedent to the rendering of such service the obtaining of a license or other legal authorization.

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Services include, but are not limited to, certified public accountants, engineers, chiropractors, architects, real estate and insurance agents.

Projecting sign: A sign other than a wall sign suspended from or supported by a building or structure or steel column and projecting out there from. This definition does not include any off-premises sign.

Protected channel: A channel which receives stormwater discharge and is constructed of pavement, rip-rap or manmade materials to reduce the potential for erosion.

Protected tree: An existing tree designated on the landscape plan to remain after construction.

Protected uses as applied to adult establishmentsâ&#x20AC;&#x2122; requirements: A. A church, synagogue, mosque, or other place of worship.

B. A public or private nursery school or any other public or private school serving any one (1) or more of grades K through 12.

C. A child care facility, licensed by the Illinois Department of Children and Family Services.

D. A public park, playground, playing field, or forest preserve.

E. A public or private cemetery.

F. A public housing facility.

G. A public library

Public buildings: Any building held, used, or controlled exclusively for public purposes by any department or branch of government (federal, state, county, or municipal) without reference to the ownership of the building or of the realty upon which it is situated. A building belonging to or used by the public for the transaction of public or quasi-public business.

Pylon or pole sign: A sign supported by or suspended from a freestanding column or columns of structural steel pipe or poles. Such sign may be either an off-premises or on-premises sign.

Real estate sign: A sign advertising the sale, rental or lease of the premises, or a part thereof, on which such sign is located. This definition does not include any off-premises sign.

Religious institution (also Church): A building used for public worship by a congregation or for housing for staff of the religious institution, excluding buildings used exclusively for residential, educational, recreational, or other uses not normally associated with worship. Includes churches, chapels, cathedrals, temples, mosques, synagogues, and similar designations.

Residential property: Any lot or other tract of land zoned in any of the following districts or zones under this Code: ER, R-1A, R-1B, R-1C, R-2, R-3A, and R-3B. Restaurant: A structure in which the principal use is the preparation and sale of food and beverage. This definition does not include bars, taverns, or cocktail lounges.

Resubdivision: The division or consolidation of a previously divided lot or parcel; including alteration of public rights-of-way included in a subdivision.

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Roof sign: A sign erected upon or above a roof or parapet of a building.

Safe storm drainage capacity: That capacity of the collection system which keeps the hydraulic gradient below the points of stormwater collection on abutting land served.

Satellite dish-type antenna: An antenna the purpose of which is to receive television or radio signals from orbiting satellites. Such antennas commonly have a parabolic or dish form.

Semi-nude: A state of dress or undress in which clothing covers no more than the human genitals, anus, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks.

Setback: The minimum required distance by which any building or structure must be separated from a street right- of-way or lot line.

Shielded light fixture (exterior lighting): A light fixture which is recessed into a structure or mounted flush with the bottom of the structure to which it is attached or shielded so that no portion of the lamp (bulb) is visible from any part of the fixture at the property line.

Shooting gallery: A facility designed and used for shooting at targets with rifles, pistols, or shotguns, and which is completely enclosed within a building or structure.

Shooting range: Any outdoor establishment open to the public intended for the discharge of firearms for the purpose of shooting at targets.

Shopping center, regional: A parcel or parcels of property under single or multiple ownership or management that is designed and built to contain a mixture of retail, entertainment and service uses or structures with total land area in excess of thirty (30) acres, containing at least one major anchor store.

Sign: Includes every sign, billboard, ground sign, directory sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, pylon or pole sign, marquee, awning, canopy and street clock, and shall include any announcement, declaration, demonstration, display, illustrations or insignia used to advertise or promote the interest of any person, business, idea, activity, goods, product, service or facility when the same is placed out-of-doors in view of the general public. This definition does not include any type of indoor sign or window display.

Sign face: The surface of the sign upon, against or through which the messages of the sign is exhibited.

Sign setback: The minimum horizontal distance between the street right-of-way line and any portion of the sign, including its supporting framework or bracing.

Sign structure: The supports, uprights, bracing and framework for the sign or display.

Site interior: The open space area behind and between buildings on a site with multiple structures, excluding the Interior Parkway, Foundation Area, and Perimeter Landscape Area.

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Skeleton parapet sign: Individual letters mounted on a parapet wall.

Small business incubator facility: A facility dedicated to the startup and growth of small businesses, accomplished through management and facility support systems. For purposes of this definition, management support systems include access to professional advice, information on small business regulations, management, advertising, promotion marketing, sales, inventory, employees, labor relations, and financial counseling. Facility support systems include clerical and reception staff, cleaning and building security, and access to copy and facsimile machines, computers, faxes and other electronic equipment.

Small Wind Energy System (SWES): Equipment that converts and then stores or transfers energy from the wind into useable forms of energy. This equipment includes any base, blade, foundation, generator, rotor, tower, transformer, vane, wire, inverter, batteries, or other component used in the system. Such systems shall have a nameplate capacity of 100 kilowatts or less.

Solar Energy Device: Equipment that converts and then stores or transfers energy from the sun into useable forms of energy.

Special flood hazard area: An area of land, previously referred to as the 100-year flood, mapped by FEMA that has a 1% annual chance of being inundated by a flood in a given year. Development may take place within the SFHA, provided that development complies with local floodplain management ordinances, which must meet the minimum Federal requirements.

Specified anatomical areas: Any of the following: A. Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed.

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.

Specified sexual activities: Any of the following: A. Actual physical touching of human genitals, pubic region, buttocks, anus, or female breasts.

B. Actual physical sex acts, normal or perverted, including intercourse, oral copulation, or sodomy.

C. Actual masturbation.

D. Human genitals in a state of sexual stimulation, arousal, or tumescence.

E. Excretory functions as part of or in connection with any of the activities set forth in items (A), (B), (C), or (D) of this definition.

Stacking space: A minimum ten (10) foot wide by (20) foot long paved area reserved for and devoted to the temporary parking of automobiles waiting for the performance of a service such as at a bank or fast food restaurants.

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Stealth facility: Any wireless communication facility, support structure, antennas and associated equipment that are designed to blend into the surrounding environment, such as artificial trees, light poles, flag poles, clock towers and similar structures that camouflage or conceal the presence of antennas or towers. Stealth facilities shall not contain any visible exterior attributes of a wireless communication facility, support structure, antenna and associated equipment.

Storage, self-serve: An enclosed storage facility containing independent, fully enclosed bays that are leased to individuals exclusively for long-term storage of their household goods or personal property.

Stormwater channel: A natural or manmade open watercourse with definite bed and banks which periodically or continuously contains moving water, or forms a connecting link between two (2) bodies of water.

Stormwater detention facility: Any structure which is designed to collect and store surface water for subsequent gradual discharge.

Stormwater runoff: That fraction of the water resulting from precipitation which flows from the served land during and immediately after the rainfall.

Stormwater runoff release rate: The rate at which stormwater runoff is released from or, in the case of detention, the discharge rate from the detention facility.

Street: A public way which affords the principal means of access to abutting property. Street centerline is a line halfway between the faces of the curbs or edges of pavement.

Street (sign) frontage: The horizontal distance of a piece of property which faces a street right-of-way or is accessible to the street right-of-way.

Strip retail or commercial center: A parcel or parcels of property under single ownership and sharing common architecture, parking and landscaping developed through a binding site plan or master plan and related development agreements.

Structural alteration: Any change except those required by law, that would prolong the life of the supporting members of a building or structure, such as the bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other regulations.

Structural trim: The molding, battens, cappings, nailing strips, latticing, platforms and letters, figures, characters or representations in cut- out or irregular form which are attached to the sign structure.

Structure: Anything constructed or erected, the use of which requires a more or less permanent location on the ground or attached to something having a permanent location on the ground, including an above ground gas or liquid storage tank, a manufactured home and a prefabricated building.

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Subdivision of land: A. The division of land into two (2) or more lots, parcels or tracts; or B. The dedication of streets, ways, or other areas for the use of the public; or C. Any sale of a division of land by metes and bounds as defined in the preceding portion of this section shall constitute a subdivision of land and require, prior to any sale and before the delivery of a deed, the submission of a plat as required by law; provided, however, that the sale or exchange of parcels of land to or between adjoining property owners, where such sale or exchange does not create additional lots, shall not be considered as a subdivision of land.

Substantial improvement (stormwater management): Any repair, reconstruction or improvement of a structure that increases the floor area by more than twenty (20) percent or 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: A. 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 B. Any alteration of a structure or site documented as deserving preservation by the Illinois Department of Natural Resources, Office of Water Resources or listed on the National Register of Historic Places.

Support structure: A structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting (lattice) tower, guy-wire-support tower and other similar structures. Any device (attachment device) which is used to attach an attached wireless communication facility to an existing building or structure (attachment structure) shall be excluded from the definition of and regulations applicable to support structures.

Suspended sign: A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

Temporary sign: A sign of cloth or other combustible materials with or without a frame, not permanently attached to a building, or structure in the ground which is not to be displayed for a period of more than thirty (30) days. This definition does not include any off-premises sign.

Temporary wireless communication facility: A wireless communication facility to be placed in use for ninety (90) or fewer days.

Theater: A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances.

Tower use permit (TUP): A permit issued by the City specifically for the location, construction and use of a wireless communication facility subject to an approved site plan and any special conditions determined by the Director of Community Development to be appropriate.

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Townhouse: A one-family dwelling unit, with a private entrance, which is part of a structure whose dwelling units are attached horizontally in a linear arrangement, and have a totally exposed front and rear wall to be used for access, light, and ventilation.

Trade/business school: A school established to provide for the teaching of industrial, clerical, managerial, or artistic skills. This definition does not include educational institution.

Trailer: Any vehicle designed to be hauled along a highway for the transportation of property or materials and not to be used for human habitation.

Two-year rainfall: A precipitation event having a fifty (50.0) percent chance of occurring in any one (1) calendar year.

Unified Business Center: Premises containing three (3) or more individual offices or businesses.

Use: The purpose for which a building, or lot or structure is arranged, designed, occupied, or maintained.

Wall sign: A sign attached to or erected against the wall of a building or structure, with the exposed face located approximately parallel to the plane of the wall. This definition does not include any off-premise signs.

Warehouse, retail: An off-price or wholesale retail/ warehouse establishment offering a full range of general merchandise to the public.

Wet bottom reservoir: An earthen detention facility designed to have a permanent pool of water after the precipitation and associated flows have subsided.

Wholesale establishment: A place of business primarily engaged in selling and/ or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise to, such individuals or companies.

Window area: Any transparent area on a facade through which the interior of a premises may be viewed from outside.

Window sign: Any sign which is affixed or placed so that its message or image is read as a part of the total composition of a window area.

Wireless communication facility: Any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility, and a support structure to achieve the necessary elevation.

Wireless communications: Any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist.

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Yard: An open space between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this chapter.

Yard, front: A yard across the full width of the lot extending from the front line of the main building to the front line of the lot. On corner lots the front yard shall face the shortest street dimension of the lot; except that if the lot is square or almost square, i.e., has dimensions in a ratio of from 3:2 to 3:3, then the front yard may face either street.

Yard, rear: A yard extending the full width of the lot between the rear line of a main building and the rear lot line.

Yard sale or garage sale: Any holding or selling of personal property, articles, materials or other items for sale to the public on a property zoned residential. This shall include, but is not limited to, all sales entitled "apartment," "attic," "back yard," "basement," "house," "lawn," "patio," "porch" or "room" sales. Yard sales or garage sales shall not include auctions, bankruptcy sales or estate sales.

Yard, side: A yard between the main building and the side line of the lot, and extending from the inner front yard line to the inner rear yard line.

Yard width or depth: The shortest horizontal distance from a lot line to the main building.

Zoning lot: A contiguous tract of land located within a single block, which may consist of two (2) or more lots of record, and which is designated by its owner as a tract to be used or developed or built upon as a unit, under single ownership and control, and has been assigned a single property identification number by the Knox County Supervisor of Assessments.

City of Galesburg Development Ordinance Article 6 - Definitions

March, 2010 Page 6 - 26