This form is approved by the Illinois Supreme Court and is required to be accepted in all Illinois Circuit Courts.

STATE OF ILLINOIS, For Court Use Only

CIRCUIT COURT
SUMMONS
Vermilion COUNTY
e n ,

Instructions t?4 L41J

Enter the
above

county name where

DEC 2 2 2020
thecase was filed. Mervis Industries, Inc.,
Lisa f{
Enter your name as

Plaintiff/ Petitioner.
Plaintiff/ Petitioner( First, middle, last name)
Monson, City Clek
cZl9/ lli(.
InG1S
Enter the names of all
people you are as V.
suing
Defendants/
Respondents.

Enter the Case City of Danville, a municipal corporation,

2020MR000557
Number given by the Defendant/ Respondent ( First, middle, last name)
Case Number
Circuit Clerk.

In 1, if your lawsuit is 1. Information about the lawsuit:

for money, enter the
amount of money you
Amount claimed:
seek from the
Defendant/ 2.
Contact information for the Plaintiff/ Petitioner:
Respondent.
Name ( First, Middle, Last): King & Spalding, c/ o Zachary T. Fardon
In 2, enter your Street Address, Apt#: 110 N. Wacker Dr., Ste. 3800
contact information.
If more than 1 person City, State, ZIP: Chicago, IL 60606
is bringing this Telephone: ( 312) 995- 6333
lawsuit, attach an

Additional See attached for additional Plaintiff/ Petitioner contact information

Plaintiff/ Petitioner
3.
Contact Information Contact information for the Defendant/ Respondent:
form. Name ( First, Middle, Last):
Lisa K. Monson, City Clerk, City of Danville
In 3, enter the name of Street Address, Apt#: 17 W. Main St.
the person you are

suing and their City, State, ZIP: Danville, IL 61832

address. Telephone: ( 217) 431- 2200
If more than I person is

being sued, attach an

See attached for additional Defendant/ Respondent contact information
Additional

DefendantlRespondent
Contact Information
form.

You have been sued.

y "

IA Follow the instructions on the next page on how to appear/ answer.

11
If you do not appear/answer the court may decide the case without hearing from you and
Impo r#ant Information for the enter a judgment against you for what the plantiff/petitioner is asking.
person receiving this form: Your written appearance/ answer must be riled on time and in the proper form.
Forms for a written appearance/ answer are available here:
bAM.://www.illinoiscourts. gov/forms/ approved/default.asp
If you cannot afford to pay the fee for filing your appearance/ answer, ask the circuit clerk for an
application for waiver of court fees.
You should read all of the documents attached.

SU- S 1503. 1
Page 1 of 4
09/ 18)
 Enter the Case Number given by the Circuit Clerk: 2020MR000557
In 4, the Circuit Clerk 4. Instructions for person receiving this form ( Defendant/ Respondent):
will give you the court
date or appearance
To respond to this Summons you must:
date, check any boxes Go to court:

that apply, and include On this date: at this time: Ej a. m. F71 p. m.

the address of the
Address: Court Room:
court building and
room where the City, State, ZIP:
Defendant/

Respondent must file

File a written Appearance and Answer/ Response with the court:
their response.
On or before this date: at this time: a. m. U] p. m.
Address:

City, State, ZIP:

File a written Appearance and Answer/ Response with the court within 30 days from

the day you receive this Summons ( listed below as the " Date of Service").
On this date: at this time: a. m. 0 p. m.
Address: 7 N Vermilion St.

City, State, ZIP: Danville, IL 61832 T"

t
12/ 17/ 2020" '

STOP! Witness this Date:

The Circuit Clerk will k`%

fill to this section. by

Clerk of the Court. .

rr

N * .

STOP! This Summons must be served within 30 days of its date, listed above.
The officer or process
server will fill in the
Date of Service.
Date of Service:

Date to be entered by an officer or process server on the copy of this Summons left
with the Defendanf/Respondent or other person.)

E-Filing is now mandatory for documents in civil cases with limited exemptions. To e-file, you must first
Aitentiert."
create an account with an e- filing service provider. Visit ht °/% file. 11inoiscaurt . ov/ servi ew r vi ra ht
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ht afwww. Llin2iscourts. ggy faq/ eethelp. asp. or talk with your local circuit clerk' s office.

SU- S 1503. 1 Page 2 of 4 ( 09/ 18)

 This form is approved by the Illinois Supreme Court and is required to be accepted in all Illinois Circuit Courts.

STATE OF ILLINOIS, I or Court Use Only

CIRCUIT COURT AFFIDAVIT OF SERVICE OF

SUMMONS AND
Vermilion COUNTY COMPLAINT/ PETITION

Instructions

Enter above the

county name where

the case was filed. Mervis Industries, Inc.,

Enter your name as Plaintiff / Petitioner ( First, middle, last name)

Plaintiff/ Petitioner.

Enter the name of the

person you are suing as V.

Defendant/ Respondent.

Enter the Case City of Danville, a municipal corporation, 2020M R000557

Number given by the Defendant / Respondent ( First, middle, last name)

Case Number
Circuit Clerk.

Stop. Do not complete the form. The sheriff will fill in the form.**

DO NOT complete
My name is and I swear under oath
this section. The First, Middle, Last
sheriff will complete
it.
that I served the Summons and Complaint/ Petition on the Defendant/ Respondent

as follows:
First, Middle, Last

Personally on the Defendant/ Respondent:

Male: Female: Approx. Age: _ Hair Color:

Height: Weight:

On this date: at this time: a. m. p. m.

Address:

City, State, ZIP:

At the Defendant/ Respondent' s home:

On this date: at this time: a. m. p. m.
Address:

City, State, ZIP:

And left it with:
First, Middle, Last

Male: Female: Approx. Age:

and by sending a copy to this defendant in a postage - paid, sealed envelope to the
above address on 20

On the Corporation' s agent,

First, Middle, Last

On this date: at this time: a. m. p. m.

Address:

City, State, ZIP:

SU- S 1503. 1 Page 3 of 4 ( 09/ 18)

 Enter the Case Number given by the Circuit Clerk: 2020MR000557
DO NOT complete By:
this section. The

sheriff, or private
process server will
complete it. Signature
FEES

By certified/ registered
Service and Return
Print Name
Miles: g
Total $

SU- S 1503. 1 Page 4 of 4 ( 09/ 18)

 EFILED
12/ 11/ 2020 8: 15 PM
Melissa Quick
Clerk of the Circuit Court
Vermilion County, Illinois
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
VERMILION COUNTY, ILLINOIS

MERVIS INDUSTRIES, INC.,

RM
Plaintiff
2020MR000557

V.

CITY OF DANVILLE, a municipal

corporation,

Defendant.

COMPLAINT FOR DECLARATORY JUDGMENT

Plaintiff Mervis Industries, Inc. (" Mervis Industries" or " Plaintiff"), for its complaint

against the City of Danville, alleges:

Nature of Action

1.
On September 15, 2020, the Danville City Council voted to approve the rezoning

of 204 Eastgate Drive in Danville, Illinois from " General Industrial" to " General Business" to

enable the placement of a casino in the middle of a heavy industrial corridor.

2.
In approving the rezoning application for 204 Eastgate Drive, the Danville City

Council ignored the Danville Area Planning & Zoning Commission' s Finding of Fact and Final

Determination that 204 Eastgate Drive should not be rezoned to " General Business." Among other

stated reasons for denying the rezoning of 204 Eastgate Drive, the Planning & Zoning Commission

found that the proposal was inconsistent with both Danville' s Comprehensive Plan and Zoning

Ordinance, incompatible with existing uses and existing zoning classifications of property within

the area, and inconsistent with the character of the surrounding area.

3. Mervis Industries owns three facilities on Eastgate Drive, including properties

immediately adjacent to 204 Eastgate Drive. Since the early 2000s, as part of its metal recycling
operations, Mervis Industries has operated a scrap metal processing facility at 222 Eastgate Drive,

immediately south of 204 Eastgate Drive.

4. Mervis Industries brings this declaratory judgment action to invalidate the Danville

City Council' s rezoning of 204 Eastgate Drive from " General Industrial" to " General Business"

because that body acted arbitrarily, capriciously, and unreasonably in approving the rezoning
application.

5. Accordingly, Mervis Industries asks this Honorable Court to declare that the

September 15, 2020 approval of the rezoning request for 204 Eastgate Drive is invalid.

Parties, Venue, and Jurisdiction

6. Mervis Industries is an Illinois corporation that owns and operates businesses that

conduct heavy industrial operations in the area adjacent to 204 Eastgate Drive, including in the

property immediately adjacent to 204 Eastgate Drive.

7. The City of Danville is a municipal corporation organized under the laws of the

State of Illinois.

8. This Court has jurisdiction over this action pursuant to 735 ILCS 5/ 2- 209( b)

because the City of Danville is an Illinois municipal corporation and is located within this Circuit.

9. Venue is proper in this Court pursuant to 735 ILCS 5/ 2- 101 because the City of

Danville is a municipal corporation located within this Circuit.

Background

10. Danville' s land use is governed by the Comprehensive Plan and the Zoning

Ordinance of the City of Danville ( the " Comprehensive Plan"). A true and correct copy of the

Comprehensive Plan is attached as Exhibit A.

 11. Adopted in 2006, and prepared pursuant to the Illinois Municipal Code, 65 ILCS

5/ 11- 12- 5, Danville' s Comprehensive Plan " is the master plan for the future growth and

development of the City of Danville" and " guides planning and development policy for the city. .

The Comprehensive Plan also " serves as a long-range vision of what we want our city to

become, as a tool for making decisions about how that vision should be achieved, and as a specific

program of action for reaching our stated objectives." Additionally, "[ a] s a long- range vision, the

Plan sets forth the values we want to realize as the city changes over the next 20 years and ties

those values to the physical development and shaping of the community."

12. The Comprehensive Plan " designates the future use of the land while zoning

regulates the present use of the land." Among the goals of the Comprehensive Plan is providing

1] ogical locations for land use types to minimize incompatible land uses." Specifically, the

Comprehensive Plan states, "[ t] he mixing of incompatible uses should be avoided. The separation

or screening of incompatible uses serves to protect the character of distinct residential,

commercial or industrial areas. It also decreases traffic hazards while conserving the taxable

value of land and structure. Additionally, while recognizing that some mixed residential and

commercial uses within downtown and shopping districts can add to the vibrancy and economic

vitality of these areas, the Comprehensive Plan states, "[ t] he mixing of uses becomes incompatible

when major conflicts occur or can be expected in the future." ( emphasis added).

13. With respect to industrial development in Danville, the Comprehensive Plan' s

general intent " was to provide a generous amount of space for new industrial development because

industrial growth will ultimately be what drives future residential and commercial growth in our

community." Accordingly, the Comprehensive Plan specifically designated the Eastgate Industrial

Park, where 204 Eastgate is located, for industrial development.

 14. With respect to commercial development in Danville, the Comprehensive Plan' s

aim in determining suitable locations for commercial development was to provide lands to meet

the projected needs, while attempting to guide commercial development to areas where some

commercial development already exists." ( emphasis added.)

15. In addition to the Comprehensive Plan, the Zoning Ordinance of the City of

Danville governs land use in Danville. The general purpose and intent of the Zoning Ordinance

of the City of Danville is " to foster the use and development of land in an orderly manner in

accordance with the goals, objectives and policies of the City of Danville' s Comprehensive Plan."

A true and accurate copy of the Zoning Ordinance of the City of Danville is attached as Exhibit B.

16. The Zoning Ordinance of the City of Danville also sets forth specific intentions,

such as promoting and protecting the public health, safety, and general welfare, to provide

adequate safety, to conserve the assessed value of land and building throughout the city' s zoning

jurisdiction, to protect against fire, explosion, noxious fumes, and other dangers, to protect the

character and stability of residential, business, and manufacturing areas within the city' s zoning

jurisdiction, and to prohibit uses, buildings, or structures incompatible with the character of

specified zoning districts.

17. The Zoning Ordinance of the City of Danville sets forth zoning districts that dictate

the permitted uses of land within each district. Uses, other than those uses specified as permitted

in a given zoning district, are expressly prohibited.

18. Historically, 204 Eastgate Drive, and the adjacent land surrounding it, has been

zoned as within the " I- 2 General Industrial District." The Zoning Ordinance of the City of Danville

explains:

The I- 2 District is intended to encompass select areas within the

community where a satisfactory combination of such factors as
 adequate topographical conditions, proximity to transportation
facilities, accessibility for employees, efficient land assembly, and
adequate public facilities and utilities that may be required by
industrial uses, can be achieved without creating incompatibilities
with surrounding non -industrial development and uses. The

purpose of this District is to provide for the establishment of larger

scale, higher intensity areas of industrial development within
specific areas of the community in order to accommodate any type
of manufacturing, processing, fabricating, assembling or

warehousing operations which generally exhibit higher levels of

objectional external effects and ensure they are carried out in a
manner that will not endanger the public health, safety, and general
welfare. Such areas should not be located adjacent to residential
districts. This District is characterized by medium to high intensity
industrial development that consists primarily of industrial uses that
manufacture, process, fabricate, assemble or warehouse products for
sale and distribution to markets outside the community.

19. The Zoning Ordinance of the City of Danville also establishes a zoning district of

B- 3 General Business District." In contrast to the I- 2 Industrial District:

The B- 3 District is intended to encompass select areas within the

community that are most suitable to accommodate the impacts of
more intense commercial development and designed to be served by
a combination of automobile and pedestrian traffic. The purpose of
this District is to provide for the establishment of medium and large
scale commercial development within selected areas of the
community in order to accommodate a wider variety of commercial
uses at intensities greater than that of the B- 2 District but less than
that of the B- 4 District. This District is characterized by medium
intensity commercial development that consists of a wide variety of
commercial uses which serve the whole community and in some
instances the region. Given the size and intensity of developments
within such areas, off -site impacts can be significant and need to be
minimized to achieve compatibility with adjoining districts.

The 204 Eastgate Drive Rezoning Application

20. On August 12, 2020, Danville Development, LLC submitted Zoning Petition #279,

which sought to reclassify 204 Eastgate Drive' s zoning classification from I- 2 General Industrial

to B- 3 General Business in order to construct a " Gaming and Entertainment Facility" in the middle

of Danville' s heavy industrial corridor. A true and accurate copy of an excerpt of the Danville
City Council Notice and Agenda that includes City Council materials related to Zoning Petition

279 is attached as Exhibit C.

21. On September 3, 2020, the Danville Area Planning & Zoning Commission issued

its Finding of Fact and Final Determination with respect to Zoning Petition # 279. The factual

record consisted of the application packet from Danville Development, LLC and testimony

received at a public hearing held on August 6, 2020.

22, The Danville Area Planning & Zoning Commission voted to deny Zoning Petition

279, by a 5- 1 vote with one member of the Commission abstaining. See Ex. C.

23. In denying Zoning Petition # 279, among other findings, the Danville Area Planning

Zoning Commission made the following specific findings about the proposed rezoning of 204

Eastgate Drive from I- 2 General Industrial to B- 3 General Business:

a. The proposed amendment IS NOT consistent with the goals, objectives and policies
of the City' s Comprehensive Plan;

b. The proposed amendment IS NOT consistent with the spirit, purpose and intent of
the Zoning Ordinance;

C.
The development allowed by the proposed amendment WILL NOT be compatible
with existing uses and existing zoning classifications of property within the general
area;

d. The development allowed by the proposed amendment WILL NOT preserve the
essential character of the neighborhood in which it is located;

e.
The land use pattern of the area HAS NOT changed since the present zoning was
applied to the subject property; and

f. The proposed amendment DOES NOT appear to meet the LaSalle Case criteria.

See Ex. C.

24. On September 15, 2020, despite the Danville Area Planning & Zoning

Commission' s Finding of Fact and Final Determination, the Danville City Council voted to
approve Zoning Petition #279 and rezone 204 Eastgate Drive from I-2 General Industrial to B- 3

General Business to allow for a casino to be built in the middle of a heavy industrial corridor. This

approval was memorialized in Danville Ordinance No. 9282.

25. In approving Zoning Petition # 279, the Danville City Council did not consider

whether the rezoning of 204 Eastgate Drive would be consistent with the goals, objectives, and

policies of the City' s Comprehensive Plan. In fact, the rezoning of 204 Eastgate Drive is

inconsistent with the goals, objectives, and policies set forth in the City' s Comprehensive Plan.

26. In approving Zoning Petition # 279, the Danville City Council did not consider

whether the rezoning of 204 Eastgate Drive would be consistent with the spirit, purpose, and intent

of the Zoning Ordinance. In fact, the rezoning of 204 Eastgate Drive is inconsistent with the letter,

spirit, purpose, and intent of the Zoning Ordinance.

27. In approving Zoning Petition # 279, the Danville City Council did not consider

whether the rezoning of 204 Eastgate Drive would be compatible with existing uses and existing

zoning classifications of property within the general area. In fact, the rezoning of 204 Eastgate

Drive is incompatible with existing uses and existing zoning classifications of property within the

general area.

28. In approving Zoning Petition # 279, the Danville City Council did not consider

whether the rezoning of 204 Eastgate Drive would preserve the essential character of the

neighborhood in which it is located. In fact, the rezoning of 204 Eastgate Drive will not preserve

the essential character of the neighborhood in which it is located.

29. In approving Zoning Petition # 279, the Danville City Council did not consider

whether the land use pattern of the area has changed since the present zoning was applied to the
subject property. In fact, the rezoning of 204 Eastgate Drive has not changed since the zoning

District I- 2 General Industrial was initially applied to that property.

30. In approving Zoning Petition # 279, the Danville City Council did not consider

whether the rezoning of 204 Eastgate Drive met the LaSalle Case criteria. In fact, the rezoning of

204 Eastgate Drive does not satisfy the LaSalle criteria.

31. In approving Zoning Petition # 279, the Danville City Council incorrectly

determined that a casino is permitted under the B- 3 General Business zoning district.

32. The Danville City Council' s approval of Zoning Petition # 279, which carved out a

portion of a heavy industrial corridor that was intentionally designated to keep the public away

from such operations, is intended to create an attraction and steer the public towards heavy

industrial operations, and is wholly inconsistent with the Comprehensive Plan and Zoning

Ordinance.

33. The Danville City Council' s approval of Zoning Petition # 279 was arbitrary,

capricious, and unreasonable.

Causes of Action

COUNT 1— DECLARATORY JUDGMENT

34. Mervis Industries incorporates and re -alleges Paragraphs 1- 33 of this Complaint as

if fully set forth herein.

35. Mervis Industries brings this lawsuit pursuant to the Illinois Declaratory Judgment

Act, 7351LCS 5/ 2- 701( a) because there is an ongoing actual controversy regarding the validity of

the Danville City Council' s approval of the rezoning of 204 Eastgate Drive from I-2 General

Industrial to B- 3 General Business. See LaSalle Nat' l Bank of Chicago v. Count); of Cook, 12

I11. 2d 40, 145 N.E. 2d 65 ( 1957).

 36. The approval of the rezoning of 204 Eastgate Drive from I- 2 General Industrial to

B- 3 General Business is contrary to the Comprehensive Plan and Zoning Ordinance, and bears no

relation to the public health, safety, comfort, or welfare.

37. The approval of the rezoning of 204 Eastgate Drive from I- 2 General Industrial to

B- 3 General Business bears no relation to the merits of Zoning Petition # 279.

38. Rather, the City of Danville' s approval of Zoning Petition # 279 was arbitrary,

capricious, and unreasonable.

39. The Zoning District B- 3 General Business for 204 Eastgate Drive is not consistent

with the existing uses and zoning of nearby property.

40. Designating 204 Eastgate Drive as B- 3 General Business will diminish the value of

neighboring properties and place an undue burden on public infrastructure.

41. Designating 204 Eastgate Drive as B- 3 General Business will negatively impact the

public for the benefit only of the property' s current owner.

42. 204 Eastgate Drive is not suitable for a casino or for the purposes set forth in B- 3

General Business because that use is inconsistent with the use of the surrounding properties in a

heavy industrial corridor.

43. There is no community need for a casino located at 204 Eastgate Drive, as there are

other viable locations for a casino in Danville.

44. As a neighboring property owner, Mervis Industries has standing to challenge the

Danville City Council' s approval of Zoning Petition # 279 pursuant to LaSalle, and thus has a

protectable right that can be enforced via the Illinois Declaratory Judgment Act.

45. Mervis Industries is entitled to a declaratory judgment that the Danville City

Council' s approval of Zoning Petition # 279 is invalid pursuant to LaSalle.

 46. Mervis Industries is entitled to a declaratory judgment that Danville Ordinance No.

9282 is invalid and the proper Zoning District for 204 Eastgate Drive is I- 2 General Industrial.

Prayer for Relief

WHEREFORE, Mervis Industries respectfully requests that the Court:

a.
Declare that the Danville City Council' s approval of Zoning Petition # 279 was
arbitrary, capricious, and unreasonable;

b. Declare that the Danville City Council' s approval of Zoning Petition # 279 is
therefore invalid pursuant to LaSalle,

Declare that Danville Ordinance No. 9282 is therefore invalid and unenforceable;

d. Declare that 204 Eastgate Drive is properly classified as I- 2 General Industrial

under Danville' s Zoning Ordinance; and

e. Such other and further relief as the Court deems appropriate.

Dated: December 11, 2020 Respectfully submitted,

ls/ Zachary T. Fardon

Zachary T. Fardon
zfardon@kslaw. com

Christopher J. O' Malley

comalley@kslaw. com

King & Spalding LLP

353 N. Clark Street, 12`h Floor
Chicago, IL 60654
Phone: ( 312) 995- 6333

Attorneys, for Plaintiff

 EFILED
12/ 11 / 2020 8: 15 PM
Melissa Quick
Clerk of the Circuit Court
Vermilion County, Illinois

EXHIBIT A
 2005- 2006

Comprehensive

Plan Update
Introduction

I. INTRODUCTION

Background

This Comprehensive Plan is the master plan for the future growth and development of the
City of Danville. The Comprehensive Plan guides planning and development policy for
the city and the one and one- half mile territory adjoining the city limits. The
Comprehensive Plan serves as a long-range vision of what we want our city to become,
as a tool for making decisions about how that vision should be achieved, and as a specific
program of action for reaching our stated objectives. As a long- range vision, the Plan
sets forth the values we want to realize as the city changes over the next 20 years and ties
those values to the physical development and shaping of the community. It also presents
an official policy framework and snapped context for making incremental decisions
regarding land development issues. Finally, the Plan outlines the strategies and steps the
community can follow to make it a reality.

The purpose of this Plan is to serve as an advisory guide for making decisions on matters
pertaining to the quality of life in the community with particular emphasis on the future
physical development of the City. As an advisory guide, the plan is intended to be
flexible, generalized in nature and designed for periodic review and revision. Because
the City is a dynamic entity, the Comprehensive Plan should be updated every 5- 10 years
to address the changes and accomplishments taking place along the way.

There are numerous factors that make having an adopted Comprehensive Plan essential
for the City of Danville. Most of Danville' s past development occurred without the
guidance of any planning and land use controls. The Comprehensive Plan will help guide
the redevelopment of some of these poorly planned areas of the community. It is also
paramount to have a Comprehensive Plan because zoning can not lawfully be carried out
without practicing long range planning and having a land use plan. The Comprehensive
Plan will also enhance development options, improve the quality of life, and allow the
City to use scarce local resources more efficiently.

A Comprehensive Plan does have certain inherent limitations. A Comprehensive Plan

does not represent an end result. Although the plan summarizes survey results, presents
community goals and objectives, outlines policies and plans for future development, and
identifies needed actions, these actions must be carried out and supplemented with
continuous review and updating in order to complete the process. Additionally, the Plan
does not attempt to thoroughly analyze every aspect of community development. The
Plan is concerned with outlining a basic course of action to encourage development that
preserves and enhances the local quality of life. Its recommendations are generalized in
regard to future land use patterns, street alignments, and urban design. Further, in order
to avoid duplication of efforts the Plan is deliberately more generalized where more
detailed target area planning is necessary.

Final Plan
1
 2005- 2006

Comprehensive

Plan Update
Introduction

This Plan has been prepared pursuant to the Illinois Municipal Code, which grants
municipal Plan Commissions the authority " to prepare and recommend to the corporate
authorities a comprehensive plan for the present and future development or
redevelopment of the municipality" ( 65 ILCS 5/ 11- 12- 5).

This Plan may be adopted as a whole or in particular parts, and will become effective
upon the passage of ordinances by the corporate authorities of the City of Danville. It
may be amended in whole or in part from time to time.

The Danville Planning and Zoning Commission is responsible for overseeing the
implementation of the Plan and will consider any necessary changes to the Plan as
applicable.

Planning Process

The development of this Comprehensive Plan commenced in May of 2005 and included a
thorough analysis of existing conditions as well public participation in each step along
the way. Several groups of elected and appointed officials and members of the public
were involved in the development of this Comprehensive Plan. A 10- member
Comprehensive Plan Steering Committee was appointed by the Mayor in June of 2005 to
assist City staff in developing the Plan. The committee members represented a wide
variety of interests within the community. The steering committee met at least monthly
throughout the plan development process.
In August of 2005 an Existing Conditions Report was completed. The existing
conditions report outlined the history of the community and the status of the City' s
planning efforts to date. The Existing Conditions Report also provided an analysis of
existing land usage, transportation, utilities, economic development and the environment
through text and maps.
In September of 2005 a list of issues and trends affecting growth and development as
well as the quality of life in Danville was created.
In September & October of 2005 a Community Survey was created and distributed to
solicit public input in the development of the Plan. The questions on the survey gathered
the community' s perceptions of their neighborhoods and the community as a whole. The
final results were compiled and used to draft the Vision and the Goals of the Plan as well
as the Future Land Use Map.
In November of 2005 a vision statement was assembled that addressed what the
community should be like in the future.
In December of 2005 Goals and Objectives for the Plan were compiled.
In the lst quarter of 2006 the Land Use Development Plan and Future Land Use Map
were revised.

In April of 2006 the recommended policies and actions were drafted.

Based upon the work carried out in the previous phases, a complete draft plan was
prepared. This draft plan consists of all of the plan elements, maps, and analysis
identified during the process, including elements on land use, transportation,
infrastructure, economic development, natural resources and urban design. In addition,

Final Plan
2
 2005- 2006

Comprehensive

Plan Update
Introduction

the draft plan contains an implementation element for carrying out this Plan. This entire
completed draft plan was presented to the Steering Committee, Planning & Zoning
Commission, City Council and the Public at large for review and comment. On August
28th, 2006 a public open house was held at the Municipal Building to explain the draft
plan to the community and gather public input. The Planning & Zoning Commission
held a formal public hearing on this draft plan on September 7, 2006 to solicit comments
and suggestions before making a recommendation for approval to the City Council. The
City Council formally adopted this Plan on October 3, 2006.

Organization of the Plan

The Plan is organized into a series of nine chapters, including this introductory chapter.
Chapter II documents the existing condition of Danville as it existed prior to and during
the preparation of this Plan. Population characteristics, existing land use patterns, past
annexations, transportation systems, and utility systems are summarized. Chapter III,
Issues and Trends, is an overview of the major trends that have been occurring in the
community as well as the important issues to consider in formulating the rest of the plan.
Chapter IV outlines the vision of this plan and what the end result should be. Chapter V
puts forth the goals and objectives of the Plan. These goals and objectives represent the
end results that we desire to achieve. Chapter VI is titled the Land Use Development
Plan and outlines how land should be used and where future growth and development
should occur. This information is presented in both text and map form. Chapter VII is the
Roadway Plan, which addresses the classification of streets and where roadway additions
or extensions would be appropriate in the future. Specific policy recommendations are
identified by plan element in Chapter VIII. Finally, Chapter IX, lays out a plan for
implementing the recommendations of the Plan.

Relationship to Zoning and Subdivision Regulations

The Comprehensive Plan is independent of zoning and does not set zoning districts. The
Comprehensive Plan simply designates the future use of the land while zoning regulates
the present use of the land. The zoning of property represents the legal classification of
that property and how it can legally be used today. The City of Danville Zoning
Ordinance currently identifies every zoning district and specifies the allowed uses within
each zoning district as well as the applicable development regulations for each district.

The Subdivision ordinance is also independent of the Comprehensive Plan. This

ordinance represents the legal requirements for subdividing property in the City of
Danville and the one and one- half mile extraterritorial jurisdictional area ( ETJ). Since
the City of Danville is a " home rule" municipality, the City has the authority to regulate
zoning and the subdivision of property under the respective codes. The Danville Zoning
Ordinance, Danville Zoning Map, Danville Subdivision Ordinance, and all other
ordinances relating to land usage and the physical development of the City are to be
consistent with the goals, objectives & policies of this Comprehensive Plan.
Amendments to these documents shall also be consistent with this plan.

Final Plan
3
 2005- 2006

Comprehensive

Plan Update
Introduction

Public Participation

Besides the input provided through the Steering Committee, the Planning & Zoning
Commission and the various other appointed boards and commissions, public
participation in creating this plan was broad based. This helped ensure that the policies
set forth are a reflection of the community as a whole and are in the best interests of the
public. In order to garner public participation the methods outlined below were used.

Community Surveys
In order to engage citizens who do not typically get involved in the community, a
community survey was developed. Surveys were chosen because a survey is capable of
garnering a much broader range of views than you can expect from other forms of public
participation. The surveys incorporated various issues raised by the steering committee
and existing conditions report. The final results of the survey were used to draft the
vision statement and the goals of this plan and also aided in the development of the future
land use map.

Public Meetings & Open Houses

A series of public meetings and open houses were held at key points throughout the plan
development process. These included meetings with individual neighborhood
organizations, community groups and other interested citizens. At these various meetings
and open houses residents were able to view the different components of this plan and
make comments and suggestions about what they had viewed.

Internet

The internet was also used as another means to provide the public access to the plan
development process. Updated information on meetings and the components of the
Comprehensive Plan were provided on the City' s website at www.ciiyofdanville.org.
This included relevant links, contact information, as well as the final products produced
throughout the plan development process.

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II. EXISTING CONDITIONS

In August of 2005 the Existing Conditions Report was compiled and presented to the
Steering Committee to officially begin the Comprehensive Plan development process.
The report presented existing plans; history of Danville; population, housing and
employment trends; land usage, zoning, and annexations; economic development;
Transportation; utilities; environmental conditions; and community services. The report
was presented in a manner that analyzed each of these topics as they exist. Following the
analysis, a series of issues to further consider for each topic was presented. This chapter
provides a summary of the Existing Conditions Report and the baseline conditions used
in developing the rest of this Plan.

Population, Housing & Employment

Population

The 2000 Census reported the City of Danville as having a population of 33, 904 persons.
This represented a gain of only 76 people since 1990. The City has experienced a rapid
rise and fall in population since 1950. Between 1950 and 1970 the population of
Danville rose by nearly 5, 000 people. That increase was mostly attributed to the fact that
several large manufacturing facilities were being constructed in and around Danville
during that time period that brought jobs and thus more people to the area. On the other
hand, from 1970 to 1990 the City lost nearly 9, 000 residents as the large manufacturing
facilities either closed down operations or downsized their workforces eliminating many
jobs. From 1990 to the present the population appears to have begun stabilizing, with the
inflow and outflow of people to and from the area virtually balanced.

Figure 2- 1. Population of Danville by Decade

Population by Decade

44, 000 -. --.

42, 000 -- .._..------ ----------

r 40, 000 - --- — ----

38, 000 ---- -- - --- - -

ii 36, 000 - -- — -- --- - -

a0 34, 000 — --- ----- -- - -
32, 000 ---- ------ ---

30, 000

1920 1930 1940 1950 1960 1970 1980 1990 2000

Year

Population Projections

According to population projections generated in the Danville Connections 2030 Long

Range Transportation Plan, the population of the Danville area is expected to increase
only slightly over the next 25 years. A population count of 54, 900 is expected in the year
2030 for the area encompassing the DATS Metropolitan Planning Area. This

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Metropolitan Planning Area includes the City of Danville and the communities of Tilton,
Westville, Catlin as well as other unincorporated territory in and around Danville. The
City of Danville currently accounts for about 3/ 5ths of the total DATS MPA population.
Therefore, the City of Danville can expect to have a population of about 34, 750 in 2030,
which would be an increase of 2. 5% over the 2000 population. These projections are
subject to review and modification as additional data becomes available.

Housing
There were 13, 327 total households identified in the City of Danville by the 2000 Census
with 8, 155 households being identified as " family households". The Census Bureau
defines family households as " a householder and one or more other persons living in the
same household who are related to the householder by birth, marriage or adoption". Of

the remaining 5, 172 non -family households, 4, 514 are single person households in which
the head of the house lives alone.

The average household size for Danville in 2000 was 2. 35, which is not far away from
the national average of 2. 59. The average family size in Danville was 3. 01 in 2000,
which is also not far from the national average of 3. 14. Compared to past years these
numbers are falling and will likely continue to decline as part of a national trend towards
smaller family sizes and changes in family structure and living arrangements.

A point of interest to many in Danville is the continued loss of owner -occupied housing
to dilapidation and to conversion to rental housing units. The 2000 Census reported that
of the 13, 327 occupied housing units in Danville, 8, 334 were owner -occupied ( 62. 5%)
and 4, 993 were renter -occupied ( 37. 5%) By comparison, in 1990 there were 8, 700
owner -occupied units ( 63. 0%) and 5, 091 renter -occupied units ( 37. 0%). These numbers

show a disturbing trend in that over 350 owner -occupied units were lost between 1990
and 2000. At the same time, the number of vacant housing units remained virtually the
same with just over 1, 500 in both 1990 and 2000.

The swings in population that have occurred in Danville have also had an affect on the
age of the existing housing stock. The post- 1970 population decline of the area resulted
in a stagnated new housing market. Thus, the existing housing stock has been allowed to
age and deteriorate. The average age of the existing owner -occupied housing stock is
fifty-four years, and the average age of renter -occupied housing units is fifty years. In
fact, 78% of the entire housing stock is more than 30 years old and just over 33% of the

housing units were built before 1940. Of the owner -occupied housing units, only 517
units ( 6. 7%) have been constructed since 1980. Similarly, only 12. 6% of the existing
rental units in Danville were constructed after 1980.

In 1999- 2000, the Neighborhood Development Department of the City of Danville

undertook a massive survey on the condition of structures in the City. Data was collected
on the land use, number of dwelling units and four other principal categories pertaining to
structural conditions. The four principal categories were: foundation, walls,
stairs,/porches, and roof. Each structure in Danville was assigned a rating for each of

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these principal categories. The ratings in these four categories were then summed to
produce a total rating for each structure. The lower the rating value the better the
condition of the structure and vice versa.

For the entire city as a whole, 6, 825 residential structures ( 65. 1%) were rated as " good".
In addition, there were 2, 797 ( 26. 7%) that were rated as " fair". Just over 8% were rated
as either " poor" or " dilapidated". As a whole, the structural conditions of residences in
Danville are comparable to housing conditions in other similar cities. Thorough analysis
of these structural conditions showed that conditions aren' t uniform across the city. In
fact, there are some neighborhoods that have much poorer conditions and many more
poor" and " dilapidated" structures than others. Most of the new residential development
in Danville in recent decades has occurred North of Voorhees Street. South of Voorhees
St is the downtown area and most of the older neighborhoods. There were a total of
3, 934 residential structures surveyed that were located North of Voorhees Street and a
total of 6, 551 residential structures surveyed that were located to the South of Voorhees
Street. The table below shows the disparity in structural conditions between the area
North of Voorhees Street and the area South of Voorhees Street.

Table 2- 1. Structural Conditions of Housing in Danville

RESIDENTIAL STRUCTURAL CONDITIONS
North of South of
Rating Voorhees St. Voorhees St.
Good 3468 3357

Fair 453 2344

Poor 13 776

Dilapidated 0 61

The number of structures North of Voorhees that were rated as " good" represent 88. 2%
of the total structures to the North of Voorhees. In contrast, the number of structures
rated as " good" to the South of Voorhees represents only 51. 2% of the total number of
structures South of Voorhees Street. Of the residential structures rated as either " fair",
poor" or " dilapidated", over 87% are located South of Voorhees Street. This data shows
that the overall housing conditions North of Voorhees Street are clearly better than the
conditions South of Voorhees Street. This further indicates that the level of investment is
likely much higher in the Northern half of the City than it is in the Southern half

Employment

The 2004 unemployment rate for Vermilion County was 8. 4%. The figures for
Vermilion County as a whole have typically ran a little lower than the City of Danville
averages. For example, the average unemployment rate for the City of Danville was
10. 6% in 2002, 10. 9% in 2003 and 10. 9% in 2004. In the first four months of 2005 the
unemployment rate in Danville has averaged 9. 6% which is the lowest it has been in over
three years. These rates are considerably higher than the averages for the State of Illinois
and for the nation as a whole, which were 6. 2% and 5. 5% respectively for 2004.

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Land Use, Zoning & Annexations

Land Use

There has been a stark contrast between population growth and the growth in
incorporated land area throughout Danville' s history. Over the course of the last 85 years
the population of Danville has risen and then fallen, while the amount of land area in the
City has only risen. In 1920, Danville had a land area of only 7. 2 square miles and a
population of 33, 776. In contrast, Danville' s land area has blossomed to nearly 18 square
miles today yet the population is virtually identical to what it was 85 years ago. This has
resulted in Danville having a population density that is much lower than in the past. As a
result, the provision of municipal services has become much more difficult because of
these lower densities. The figure below shows the population density for the City of
Danville since 1920.

Figure 2- 2. Population Density per Square Mile

Population Density per Square Mile

6000

E 5000

N 4000

ma 3000

Nc
2000

a40N) 1000

1920 1930 1940 1950 1960 1970 1980 1990 2000 2005

Year

In theory, the zoning map should give a picture of how land is used in the City. For
many reasons, however, the zoning map and land use map can be quite different. There
may be a number of legal non -conformities where certain existing uses are no longer
allowed in a designated zoning district but have been " grandfathered" in and are allowed
to remain. There may also be parcels of land that are zoned for a certain use but which
remain vacant waiting to be developed or are otherwise underdeveloped. Table 5- 1
below shows the breakdown of existing land uses by acreage within the City of Danville.

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Table 2- 2. Distribution of Land Uses — 2005

Category of Acres of Total Acres

Single -Family Residential 2, 876. 31 30. 3%

Vacant/ Undeveloped 2, 134. 91 22. 5%

Industrial 1, 523. 97 16. 0%

Public/ Institutional 930. 53 9. 8%

Parks/ Recreation 805. 87 8. 5%

Commercial 647. 36 6. 8%

Multi -Family Residential 257. 59 2. 7%

Professional 152. 14 1. 6%

Mobile Home 85. 31 0. 9%

Other 65. 45 0. 7%

Mixed 22. 62 0. 2%

TOTAL 9, 502

As is typical of most communities, residential dwellings represent the largest single use
of land within Danville with 1 of every 3 acres developed for residential use. However,
the percentage of land appropriated to residential uses is on the decline not only in
Danville but in most cities. Over the course of the last two decades a change in
development practices has resulted in both commercial and industrial uses now requiring
much larger sites than in the past. Thus, the percentage of urban land developed in
commercial and industrial uses is on the rise. Another land usage trend that is not
prevalent in Danville yet, but will likely become more widespread in the future, is the
prevalence of mixed use developments. Mixed use developments are developments that
have multiple uses in one building or a clustering of buildings. Currently mixed use
developments represent the smallest category of land usage in Danville. As shown in the
table, the second most abundant land use type in Danville is vacant/ undeveloped land.
This category represents all property that is not currently being utilized for any urban use.
While some of this land is inaccessible or in the floodplain, approximately 45% of this
land could be developed.

Zoning
Zoning is a means to regulate the present/ short term use and development of land in the
City and in the one and one- half mile extraterritorial jurisdictional planning area
bordering the City. Zoning is intended to promote the health, safety, morals and general
welfare of the public, guide future development, limit congestion and overcrowding, and
conserve the value of land and buildings. Zoning regulates not only land use, but also the
size, shape and permitted uses of lots and structures. With the help of zoning,
communities are able to promote compatible patterns of land use within and around urban
areas. In most modern communities zoning is the primary tool by which land use is
regulated.

In 1921 the Illinois General Assembly granted towns and cities in Illinois the authority to
adopt zoning laws. The authority of governments to enforce zoning regulations was

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upheld by the U.S. Supreme Court in 1926 in the landmark case of Village of Euclid,
Ohio v. Ambler Realty. Since then, almost every city has adopted some form of a zoning
code. Danville did not adopt its first zoning ordinance until 1959. Much of Danville' s
development occurred before 1959 and thus before zoning or any other land use
regulations were in place.

Since that first zoning ordinance was adopted in 1959 two complete rewrites have been
completed, with the most recent being in 2000, and many minor revisions have been
made to the City of Danville zoning ordinance. These rewrites and revisions were
necessary in order to modernize the ordinance and address changes in development
practices.

The zoning ordinance provides for the creation and placement of zoning districts. The
current City of Danville zoning ordinance includes a total of 15 separate zoning districts
that are grouped into five distinct categories of districts. While the basic concept of
having separate zoning categories for commercial, residential and industrial uses remains
primarily intact, the number of zoning districts within these categories has increased.
There are now multiple districts for single family residential and commercial uses. There
are also special districts for mobile homes and professional/ office uses. The intent of
each of the 15 different zoning districts is outlined in the zoning ordinance.

Annexations

The annexation of property into the City of Danville is a major indicator of growth both
in terms of land usage and in the health of the community. Land can only be annexed
when the property is contiguous to property already within the City Limits and the owner
gives consent, or when the property is surrounded by the corporate limits and is less than
60 acres. Given the constraints imposed by the geography of the area, land is most likely
to be annexed to the Northwest, North, Northeast and East of the existing City Limits in
the future. A handful of opportunities for the annexation of land completely surrounded
by the corporate boundaries also exist. Since 1980, nearly 1, 800 acres of land have been
annexed into the City.

Economic Development

Like many manufacturing communities in the Midwest, Danville has suffered a declining
economic and employment base in the last few decades due to changes in industrial
sectors, location preferences, and the national economy. The economy in and around the
City of Danville has struggled in recent years for a number of reasons. For example, a
lack of private investment in the community coupled with the continued aging and
deterioration of City neighborhoods and infrastructure is limiting the growth of the
community. This in turn is driving up property tax rates, which is further hampering
growth. The area also lacks a major regional employer or public entity to bring new jobs
and development into the area so the economy is primarily isolated and self-supporting.
There has been some growth in the retail sector in recent years, but most of the new
growth can be attributed to large chain stores displacing older neighborhood stores.

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Despite these negatives, Danville still has many important economic assets. In addition
to the major employers such as the School District, the healthcare system and the
Department of Veterans Affairs Medical Center the City also has a strong mix of locally
owned businesses, as well as manufacturing & distribution businesses.

State of Local Economy

It is important to touch upon the history of Danville as it relates to economic
development today. Throughout its history Danville has been primarily an industrial
community with the majority of the population employed in the manufacturing sector.
From the early salt mines, to the coal mines and then finally the durable good
manufacturers, Danville has always relied on manufacturers to provide employment for
the balance of the areas population. This led to much growth and prosperity for the city
in its first ten plus decades of existence. Over the past thirty years the local and national
economy has changed forever however. Most of these low skilled manufacturing jobs
have either been sent overseas, where wage rates are lower, or they have been replaced
by computers and robotics. Thus, today and for the foreseeable future Danville will not
be able to rely solely on manufacturers to supply the bulk of the employment for the areas
residents. Instead, most jobs available in the future will be in one of two areas, high
skilled technical jobs or low skilled service oriented jobs. This change is initially serving
as a detriment to the local economy as many workers do not have the skills to compete
for these types ofjobs. Consequently, the areas unemployment rate has been and will
likely remain higher than the state and federal averages into the future. In the long run
these changing market conditions should eventually result in a much more diversified and
stable economic climate for the community.

Redevelopment
Many buildings and in some cases entire areas in Danville are to the point where years of
neglect and decay have made redevelopment the best option. Redevelopment typically
involves the consolidation of properties and either the removal of existing structures to
make way for new development or the restoration of existing buildings to make them
viable again. Since redevelopment is usually more costly than simple new construction
most redevelopment is accomplished with a mix of public incentives including Tax
Increment Financing. The City of Danville has previously undertaken only one major
area redevelopment in its history. In the late 1970' s the South side of Downtown was
cleared and redeveloped under the federal Urban Renewal program. This redevelopment
led to the construction of the Palmer Arena, the Public Safety Building and the Towne
Centre shopping complex. By most regards, this was a very successful project that made
the area not only viable again, but also improved the appearance and marketability of the
remainder of the Downtown area. At this time Danville has a multitude of areas that are
and should continue to be reviewed for the possibility of redevelopment.

Transportation

Planning for transportation needs in Danville is undertaken by both the City and by the
Danville Area Transportation Study ( DATS). DATS is responsible for maintaining a

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comprehensive, coordinated, and cooperative transportation planning process within the

Danville metropolitan area.

Roadways

Interstate access to Danville is provided by Interstate 74, which extends east to

Indianapolis and west to Champaign - Urbana and Peoria. U. S. routes in Danville include
Route 136, which extends north and west of Danville; and Route 150, which extends
south to Paris and west to Champaign -Urbana. Another major highway running through
Danville is classified as IL Route 1, which extends north to Chicago and South to Paris.
The Illinois Department of Transportation has jurisdiction over the interstates, U. S.
routes, and state routes in the Danville planning area. Other roadways in the planning
area, but outside of the corporate limits are currently the jurisdiction of either Vermilion
County or of the townships.

Within the city limits, the City of Danville has jurisdiction over all (non -state) public
roadways. These roadways can generally be classified into one of three groups: arterials,
collectors and local roads. Arterials are major streets that are used primarily for through
traffic. Collectors are streets that are used to carry traffic from the arterials to the local
streets. Local streets are typically short and are used primarily for access to abutting
properties.

The Danville Zoning Ordinance regulates off-street parking and parking lot design. The
provision of off-street parking spaces is related to the type of land use and its expected
traffic generation. The Landscaping Ordinance also contains requirements for screening,
landscaping, and tree planting in parking lots.

Planned Improvements

The City does not currently have any plans designating new arterial or collector roadways
in and around the City. Thus, all planned improvements discussed here are from the
DATS 2030 Long Range Transportation Plan. A summary list of planned improvements
for Danville can be found in Table 4- 1 of the Long Range Transportation Plan. The
majority of the planned improvements identified in the DATS Plan are upgrades to
existing roadways with the exception of the Beltline Project. The Beltline would be a
new limited access roadway running along the east side of Danville and intersecting with
1- 74 at a new interchange just west of Brewer Road.

Sidewalks & Pathways

Provision of an adequate system of pedestrian sidewalks and bicycle or multi -purpose

pathways is critical for public safety and as a means of encouraging alternative modes of
travel. The new joint use path along Winter Avenue is one of the few bicycle and multi-
purpose pathways in the Danville area.. A new bicycle path in the Lincoln Park area is
currently being considered. Although the need has been identified, no other future
bicycle connections or pedestrian improvements are planned at this time.

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Transit
Danville Mass Transit serves the transit needs of the Danville area. Danville Mass
Transit provides public transportation to approximately 360, 000 passengers a year. The
primary service available is fixed route, fixed schedule bus service operating around
Danville and South to Georgetown. All routes converge on the Downtown transfer zone
at the corner of Hazel and North Streets. The DMT also provides ADA paratransit
services to individuals who are unable to access the fixed route system. Service is
available during the same hours as the fixed route system. The ADA paratransit service
is currently contracted out to CRIS Senior Services.

Rail

The Danville area is served by two primary railroad lines operated by Norfolk Southern,
and CSX Transportation, and one secondary line operated by Kankakee Beaverville
Southern. The Norfolk Southern line bisects the City from southwest to northeast and
carries approximately 45 trains per day. The CSX line enters the City from the southeast
before turning west and eventually back north within the City and carries approximately
30 trains per day. This rail line has several spur connections to industries on the East and
Northeast sides of Danville. CSX also operates a rail yard along this line on the East side
of Danville. The nearest passenger service is provided by Amtrak and is available at the
Illinois Terminal in Champaign. According to the DATS 2030 Long Range
Transportation Plan, there are approximately 155 at -grade rail crossings in the Danville
area. These at -grade rail crossings can be a source of significant traffic delays and an
impediment to the provision of services and movement of people in and around the
community.

Utilities

Sanitary Sewers
Sanitary sewer treatment in Danville is provided by the Danville Sanitary District. As
properties are annexed the City assumes responsibility for the maintenance and
replacement of collector sewer lines, while the interceptor sewer lines remain the
responsibility of the Sanitary District. The Sanitary District treatment facility is located
on Grape Creek Rd. south of Danville.

Storm Sewers
Storm water drainage in the Danville area is accommodated through a system of storm
sewers, drainage ditches, detention basins, roadside ditches, Stony Creek and the
Vermilion River. Storm sewers within the corporate limits of Danville are constructed
for and maintained by the City of Danville. New subdivisions in Danville are required to
construct storm sewers and to provide detention in accordance with the Storm water
Management Ordinance. However, many areas of Danville were developed prior to these
requirements and do not have storm sewers or detention basins. This results in localized
flooding during some storm events.

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Water

Municipal water treatment and distribution in Danville is provided by a private company,

Aqua Illinois, Inc. Aqua Illinois has a treatment facility on West Fairchild St along the
North Fork of the Vermilion River. Lake Vermilion is the primary water source used by
Aqua Illinois to serve the community. In recent years, the reduced depth of the lake has
become an issue as significant siltation has been identified and is being addressed by
using bank stabilization as well as other measures along the lake shoreline to slow the silt
build up. Aqua Illinois extends water lines and service at cost and upon customer
demand. In rural areas around Danville water is provided by individual private wells. As
new development occurs in the Danville area coordination of water extensions and
looping of water mains is important to ensure adequate pressure in the lines and adequate
hydrants for fire protection. In recent years Aqua Illinois has made major upgrades in the
Danville area to accommodate growth and to improve water line capacities and pressures
to the Eastgate/ Southgate Industrial Areas. A new water tower was also recently
constructed on West Newell Road on the North side of Danville to increase water
pressure in that portion of the community. Planned improvements include completion of
a water main loop West of Lake Vermilion on the Northwest side of Danville to improve
water flow and pressure to that area of the community as well as various line extensions
to unincorporated developments outside the City.

Environment

The City of Danville and the surrounding area contains a variety of different landscapes
and environments. According to Illinois Department of Natural Resources land cover
data, the Danville region is primarily agricultural in terms of land use coverage, but over
sixteen different land cover types exist in and around Danville making the area very
diverse.

Urban development and agriculture have led to the disappearance of nearly all the natural
vegetation in the area. The primary exception to this would be along the river and stream
corridors of the area as these areas are prone to inundation and therefore human
interference has been kept at a minimum. These and the other natural features of the area
are perhaps the most important aspects of our community. Despite that, these natural
features have often times been discounted and even overlooked when growth and
development decisions were being made.

Perhaps the most significant of our natural features is the major waterways that meander
through the area providing recreation, wildlife habitat and flood control. The major
waterways include the North Fork of the Vermilion River, which enters Danville from the
North before flowing into Lake Vermilion. The North Fork then continues south along
the Western edge of Danville before flowing into the Big Vermilion River just South of
Ellsworth Park. The Big Vermilion. River criss- crosses the area Southwest of Danville
before joining the North Fork and flowing through Danville from Southwest to Southeast.
Additional waterways within the City boundaries include Stony Creek and Lick Creek.

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Although most people describe the area as being flat the City of Danville and the
surrounding area does have some topography. In fact, slopes located along the major
waterways will be a major constraint on the direction and intensity of future growth. The
average elevation of the City is 640 feet above sea level, with the elevation ranging from
530 feet along the banks of the Big Vermilion River, to 720 feet in areas on the North
side of the City.

Lake Vermilion is the most important and perhaps most intriguing feature of Danville' s
environment. Lake Vennilion was fonned in 1925 when a dam was constructed on the
North Fork of the Vermilion River just Northwest of Danville. Throughout its history
Lake Vermilion has provided recreation, flood control and a potable water supply for
Danville and the surrounding area. Aqua Illinois currently pumps millions of gallons of
water per day out of Lake Vermilion for treatment and introduction into the water system.

Since the Lake was originally constructed, agricultural runoff has been contributing an
enormous amount of contaminants and sediment into the lake. In recent years, concerns
have been raised over the increased sedimentation and the resulting dramatic drop in
water levels around Lake Vermilion. The dam was raised in the early 1990' s to increase
the depth of the lake once again. More recently, Aqua Illinois has taken steps to stabilize
the bank in places around the lake to help minimize future erosion. Despite these efforts,
the lake continues to fill with sediment. If nothing extreme is done the lake will
eventually become unsuitable both for recreation and as a source of drinkable water.

Community Facilities & Services

Schools

Within most of the City of Danville and the unincorporated areas around Danville, public
school students attend Danville School District # 118. An exception to this would be that
the area on the extreme north side of the City lying North of Boiling Springs Road is in
the Bismarck School District. Also, the unincorporated area west of Danville is in the
jurisdiction of the Oakwood School District. Any future growth and annexation of
territory in these two areas will require careful scrutiny in order to adequately address
concerns of property tax allocations and student enrollments. The City has adopted an
ordinance that stipulates that owners of property located in Bismarck School District
wishing to annex into the City shall first petition the Bismarck School District for
removal from that school district and inclusion in District # 118.

Danville has eight public elementary schools, two public middle schools, and one public
high school. The majority of the elementary schools are still " neighborhood" elementary
schools that are scattered around the community in established residential neighborhoods.
One middle school is located on the north side of Danville and the other is located on the
South side of the city. The High School and the Administration building are both
centrally located in the community.

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In addition, six private schools are located within the City of Danville. These include
three kindergarten- 81h grade schools, two kindergarten- 12th grade schools and one private
high school.

In coming years the Danville School District will have to look at renovating some of
these existing buildings or constructing new schools as several of the buildings have
exceeded their expected lives. The only major planned improvement by the School
District at this time is the construction of an all weather track facility on the existing
practice fields north of the High School.

Continuing to provide excellent educational opportunities for the children of Danville is

inextricably tied to the City' s tax base. Land use decisions and other policies of the City
can have a major impact on the School District. Therefore, protecting and expanding the
City' s tax base is fundamental to the long- term health and welfare of the School District.

Parks & Recreation

Park facilities and recreational programs for the residents of Danville and the surrounding
area are provided by the City of Danville Parks Department. The Parks Department
maintains twelve parks and two other recreational facilities, totaling more than 477 acres.
Major parks include Winter Park, which offers the AMBUCS Playground - for -Everyone,
softball and soccer fields, and trails and Lincoln Park, which has a new band shelter,
lighted basketball courts, tennis courts, the Danville Tennis Club, Arts in the Park and the
Friendlytown Bicycle Safety Course. The Parks Department also maintains Danville
Stadium, which was built in 1946 and now serves as the home field for Danville High
School, Schlarman High School, and the Danville Dans summer collegiate league team.
Universal Studio' s film "The Babe" was filmed in this historic facility. This facility is a
unique asset to Danville. Other facilities include the Garfield Park Pool, located directly
West of Garfield Park, and the 18- hole Harrison Park Public Golf Course. Recreational
programs for all ages are also provided, including sports, fitness, and fine arts.

According to guidelines created by the National Recreation & Park Association the City
of Danville park system is adequate to meet the needs of the community' s residents. For
example, the National Recreation & Park Association suggests that a park system be
composed of at least 10. 5 acres of developed open space per 1, 000 in population. With
477 acres of parks serving a population of roughly 34, 000, Danville has 14 acres of parks
per 1, 000 residents. As the City grows, the park system will have to be expanded to serve
new areas and to meet the changing needs of the areas residents.

Library
The Danville Public Library is located at the corner of Vermilion & Seminary Streets in
Downtown Danville. The current library was built in 1995 with a combination of public
and private funds. Prior to the construction of this existing modern facility, the Danville
Public Library was located just southwest of the existing library in the Carnegie Building,
which now houses the Vern lion County War Museum. The library serves the

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Existing Conditions

population within the Danville city limits as well as anyone outside Danville who wishes
to pay a fee commensurate with the library' s tax burden on Danville property owners.

Fire & Rescue Services

Fire and rescue services inside the City of Danville are provided by the City of Danville
Fire Department. The unincorporated areas surrounding Danville are served primarily by
volunteer fire departments. The Danville Fire Department is staffed by 56 firefighters.
The Department provides full service fire protection, search and rescue, extrication,
emergency response, hazardous materials response, and community education.

The Danville Fire Department headquarters is located in Station # 3 at 1111 N Griffin St.
This station serves the northeast quadrant of the City including the industrial areas along
Voorhees and Fairchild Streets and the residential neighborhoods surrounding the station.
There is also three other stations that provide fire coverage for the rest of the City with a
station geographically located in each quadrant of the City. Station # 1 located at 301 W
Seminary St. in Downtown Danville serves the commercial and industrial areas around
the downtown and in South Danville as well as the hospital area and those surrounding
neighborhoods. Station # 2 located at 2129 N Vermilion St. serves the north end as well
as the residential areas surrounding Lake Vermilion. Station # 4 located at 1711 E Main
St. serves the residential neighborhoods around the station plus the Eastgate Industrial
Area on the East side of the City. This location of stations in the four quadrants of the -
community allows at least one engine company to respond to an alarm without having to
cross the railroad tracks that divide the city.

The City of Danville Fire Department has an Insurance Services Offices ( ISO) rating of 4
l is best and 10 is worst).
The continued annexation of lands on the periphery of the
community makes it increasingly harder to keep response times low and maintain a
favorable ISO rating.

Police Protection

The Danville Police Department is located in the Public Safety Building at 2 E. South St.
in Downtown Danville. The Police Department is subdivided into three divisions: Patrol,
Criminal Investigation, and Technical Services. Besides the responsibilities of these
three divisions, officers also perform duties with the Honor Guard, K-9 unit and
Crimestoppers.

The Danville Police Department has developed a community policing strategy to help
make the community a safer environment in which to live work and play. The purpose of
this community policing initiative is to reduce crime and the public' s fear of crime by
seeking citizen involvement, cooperation and support.

The Police Department also conducts a " Citizens Police Academy" that allows citizens to
learn about their department both in a classroom setting and on patrol with an officer.
Citizens participating in this program can learn first hand how the law works and how
investigations and enforcement are carried out. Once the citizens have gone through this

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ETAS11T1g C'077Ct1k0} iS

program they are better educated and more likely to be aware of their surroundings and
assist police officers in their neighborhoods and with neighborhood issues.

Solid Waste Collection

Solid waste collection in Danville is handled by the City of Danville Public Works
Department. Danville is one of only a handful of Illinois communities that does not
contract out solid waste collection to private hauling companies. Solid waste from all
residential structures containing fewer than four units is picked up by the City.
This system operates five days a week and currently includes in excess of 12, 500 stops
per week. The City of Danville also operates a yard waste program where yard waste is
collected and taken to the City' s yard waste processing facility. At this facility the
material is processed into mulch, compost, firewood and other products suitable for
resale. Unlike most other communities of its size, the City of Danville Solid Waste
Department does not currently operate a recycling program. A recycling program should
be investigated since it may greatly reduce the amount of material transported to the
landfill, which would be better for the environment and would equate to less money spent
on dumping fees.

Human Services

The City of Danville and Vermilion County have dozens of public and private
organizations that work to provide human services for populations in need in the area.
Specific areas of service include childcare, early childhood education, elder care,
homelessness, mental healthcare, substance abuse, women' s shelters, adult education and
many more. The sources of support for these programs vary between federal, state and
local funding, as well as from private donations. In 2004 the City of Danville became a
direct entitlement community and with that designation was required to create a
Consolidated Plan to document housing and community development needs for the
community and describe how we were addressing those needs.

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Issues & Trends

III. ISSUES & TRENDS

In order to formulate goals & objectives for the Plan, it is important to first analyze the
trends that are occurring in the community and understand the issues related to those
trends. These trends and issues offer a snapshot of how the community is changing and
what the ramifications of those changes may be. Trends exist in many different forms.
They may be physical, demographic, social or economic. All of the trends identified here
have been identified as having some form of impact on how Danville has been shaped
and how the community has grown.

Demographics

Trend # 1: Population Loss

Danville has experienced a significant decline in population over the past several
decades. Since 1970 the population has declined by roughly 9, 000 people. While the
population is now stabilizing, the significant loss of population continues to stymie future
growth.

Trend # 2: Aging of Population

Between 1990 and 2000 the average age of the City' s residents increased from 36 to 38
years of age.

Trend # 3: Increase in Diversity

The population of Danville has become much more racially diverse in recent decades. In
2000 only 70% of the population was Caucasian compared to 79% of the population in
1990.

Issues:

How can Danville rebound from the population losses suffered in the past?
Is Danville equipped to meet the changing needs of an aging population?
What changes will be required to serve an increasingly diverse population?

Land Use and Development

Trend # l: Increase in Land Area

Danville' s land area has blossomed to nearly 18 square miles today yet the population is
virtually identical to what it was 85 years ago when the City covered only 7. 2 square
miles.

Trend # 2: Growth Northward

Much of Danville' s recent commercial and residential development has occurred on the
North side of the community along North Vermilion St.

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Trend # 3: Little New Housing Construction

Over the past two decades relatively few new single family residential structures have
been constructed within the City of Danville. In fact, in the last 10 years only three new
subdivisions have been built and those three subdivisions combined contain fewer than
100 homes.

Trend # 4: "
Big Box" Retail Developments
Most of the commercial development that has occurred recently in Danville has been in
the form of "Big Box" retail developments such as: Walmart ( 1995), Lowe' s ( 1998) and
Menards ( 2001).

Trend # 5: Large Tract Industrial Developments

Industrial businesses are requiring larger and larger tracts of land for constriction of new
facilities. Most recent proposals have required at least 100 acres with some even
requiring more than 200 acres.

Trend # 6: Lower Densities of Development

The tendency toward larger residential lot sizes, larger industrial lot sizes and larger
commercial lot sizes over the past 25 years has greatly reduced the compactness of the
City.

Issues:

Based on current trends and practices, how different can we expect the
distribution of land uses to be in the future?

At what density should new and old areas of the City be allowed to develop in the
future?

What mix of land uses throughout the City is appropriate in order to foster
neighborhood preservation along with the growth of the City' s commercial and
industrial sectors?

What growth constraints have been created by previous practices and trends?
In which areas is Danville best suited to accommodate new growth and
development?

What areas should be considered for annexation into the City?

What portions of the City are best suited for redevelopment?
Is the lack of zoning and building codes in the unincorporated area of the County
having any detrimental effects on the development of Danville?
How closely should the City monitor individual land uses in the future?

Neighborhoods

Trend # 1: Shift in Housing Tenure

In 1990, the housing in Danville was 63% owner -occupied and 37% renter occupied. In
2000, the housing was 62. 5% owner -occupied and 37. 5% renter -occupied. This is a
continuing trend that can be attributed to a number of factors and is ultimately
contributing to the decline of the City' s neighborhoods.

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Trend # 2: Age/ ConditionsNalue of Housing Stock

78% of the existing housing stock is more than 30 years old and just over 33% of the

housing units were built before 1940. The aging of Danville' s housing stock is also
contributing to a decline in the conditions of that housing stock. In 2000, 6, 825
residential structures ( 65. 1%)
were rated as " good", 2, 797 ( 26. 7%) were rated as " fair"
and just over 8% were rated as either " poor" or " dilapidated". Compared to other similar
sized communities, the housing costs in Danville are also significantly lower. The median
value for owner occupied housing units in the City of Danville was $ 52, 500 in 2000,
which is the lowest in the area.

Trend # 3: Fragmentation of Neighborhoods

As Danville' s neighborhoods developed and changed over time pockets of houses have
become isolated from the rest of the City or surrounded by industrial and other non -
compatible uses.

Trend # 4: Decline in Property Conditions

Property conditions in some neighborhoods are deteriorating for a number of reasons
including lack of investment, unwillingness of landlords/ occupants to care for their
properties, and outright abandonment of properties. This has resulted in an increase in the
number of dilapidated houses and the number of vacant lots.

Trend # 5: Desire to Preserve Existing Neighborhoods

Residents are showing an increased pride in their neighborhoods and the City is pushing
its neighborhood revitalization efforts. In recent years, several new neighborhood
organizations have been formed with various goals including cleaning up neighborhoods
and deterring crime. The Renaissance Initiative' s work in the West Downtown area is an
experimental approach to neighborhood preservation that also seems to be making a
difference in that neighborhood.

Trend # 6: Downtown Revitalization

Throughout the 1990' s and into the new millennium the City and DDI have been working
to increase investment and activity in the downtown area. While progress has been made,
more remains to be done to increase the vitality of the Downtown area.

Issues:

How should the City work to reverse the trends in housing tenure?
What can be done to preserve the existing housing stock?
How much focus should be placed on individual neighborhoods in future
planning endeavors?

What are potential solutions for dealing with the fragmentation of Danville' s
existing neighborhoods?
What more should be done to encourage new and expanded uses and to increase
the vitality of the Downtown area?
Should the City consider a neighborhood wellness initiative?

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Economic Development

Trend # 1: High Unemployment

The unemployment rate in the City of Danville has been high ever since the loss of major
industries during the 1980' s. Danville' s unemployment rate has remained between 7- 9%
over the past few years which is significantly higher than state and national averages.

Trend #2: Lack of Community Investment/Declining Tax Base

The City has suffered from a lack of community investment and a declining tax base,
which can be attributed to slow economic growth over the past two decades. Most of the
new investment has come from either national chains or public entities and reinvestment
isn' t occurring nearly as much as it needs to offset losses. Thus, the existing tax base is
being burdened more and more.

Issues:

What are the primary functions of Danville as a City and within the region?
What can be done to encourage the creation of new industrial, commercial &
professional development locations?
What kind of identity do the industrial areas of the City have and how easy are
they to market to new business?
How can this plan help expand the availability of goods and services in the City?
What can be done to further expand the community' s tax base?
How else should the City work to promote economic development for the area?
What policies/ programs should be developed to protect existing economic
investments in Danville?
What should be done with the numerous Brownfield sites located throughout the
community?

What more can be done to encourage job creation in Danville?

In what ways should we market our community and its lower cost of living to
citizens in other communities?

Transportation

Trend # 1: Increased Automobile Traffic

Americans in general now own more vehicles per household and make more trips with
those vehicles than ever before.

Trend # 2: Decline in Roadway Conditions

The aging of the city' s roadways and the lack of dedicated funding sources for
repair/replacement of these roadways is becoming a growing problem as the City expands
in land area.

Trend # 3: Reliance on Railroads

The Danville area has and will continue to rely heavily on the railroads that bisect the
City to attract employers and to move goods produced by these employers to the market.

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Issues:

Should functional roadway classifications be adopted as part of the

Comprehensive Plan?

What major roadway improvements will be necessary during the next 20 years?
Where should potential new roadways be considered to help guide development
of the community?
Should any forms of traffic calming be encouraged and if so in what locations?
How can the transportation element of the Comprehensive Plan best incorporate
DATS studies and plans, including the 2030 Long Range Transportation Plan?
Should access management guidelines be adopted by the City?
How can major roadway improvements best be funded?
What is the best mechanism for construction of sidewalks in areas of the
community currently lacking them?
How should alternative modes of travel ( le. bicycling, walking, mass transit) best
be encouraged?

Is the City committed to arranging agreements with IDOT to ensure

implementation of land use objectives of the Comprehensive Plan along state
controlled roadways?
How will the presence of at -grade rail crossings and the placement of rail
corridors effect the growth and redevelopment of the City?

Infrastructure

Trend # 1: Aging and Deterioration of Infrastructure

At present the City of Danville has an excess amount of infrastructure that is costly to
maintain and is aging more rapidly than it can be repaired/replaced.
Trend # 2: Poor Drainage

Many existing streets and neighborhoods have poor drainage or lack sufficient
infrastructure to handle storm runoff, which is due in part to the topography of the
community.

Issues:

What growth restraints if any are being placed on Danville' s growth due to
sanitary sewer or water capacity limitations?
Are current policies regarding extension of sanitary sewers to newly developing
areas adequate?

Should policies be developed to address alternative forms of wastewater

collection and treatment?

Are current storm water policies and regulations adequate?

What are the local needs for extension of fiber optic cables and other specialized
telecommunication needs?

Are current city regulations regarding telecommunication towers and antennas

adequate?

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Community Heritage/ Urban Design

Trend # 1: Recognition of Historical and Cultural Significance
Danville residents are realizing the historical and cultural significance of older buildings
and landmarks in the community and the fact that Danville has a unique identity that is
worth preserving.

Trend # 2: Incompatible Redevelopment/ Rehabilitation

The design of new developments in existing neighborhoods is often contrary to the
prevailing architecture established in the area.

Issues:

How can we ensure that future transportation improvements take into account the
surroundings in which they are being constructed?
Should the City adopt design guidelines to ensure the appearance of new
developments is compatible with the design of existing structures in the area?
How can Danville' s rich history be better recognized in the future development
and preservation of the community?
To what extent should the Historic Preservation Ordinance be used to designate

historic landmarks and districts and prevent the destruction of historical features
of the community?
What types of programs/ incentives should the City consider to help promote
historic preservation efforts in the community?

Environment

Issues:

What natural growth constraints exist in and around Danville?

What impacts do new and existing developments have on the natural
environment?

Are natural areas being adequately protected from development?

Should the City provide more support for an urban forestry program?
What should be done with Lake Vermilion?

What steps should be taken to protect the local water quality?

How can areas appropriate for conservation best be designated for the purposes of
pollution prevention and environmental preservation?

Community Facilities & Services

Trend 41: Consolidation of School Buildings

The prominent trend concerning schools has involved the closing of older neighborhood
schools to consolidate students into larger buildings on the periphery of the community.

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Trend # 2: Park Upgrades/ Improvements

The City of Danville has invested heavily in upgrading the existing park facilities in
recent years.

Trend # 3: Use of Alternative Measures to Combat Crime

The Danville Police Department has gotten more creative in battling crime in recent years
with the development of a community policing initiative that includes a " Citizens Police
Academy" and targeted area patrols. These initiatives are designed to take policing
directly into the neighborhoods and to get more public involvement and cooperation.
Issues:

In what ways can the City assist District # 118 in improving the quality of
education available in Danville' s schools?

Are existing park facilities adequate to serve the changing needs of the
community?

What can the police department do to strengthen its community policing efforts?
How can the provision of human services be improved?
What populations/ neighborhoods require expanded or different services?

Intergovernmental Cooperation

What level of intergovernmental cooperation will be necessary to insure that the

objectives and policies outlined in this plan will be implemented?

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Vision

IV. VISION

Introduction

This chapter presents the vision statement developed early on in the planning process to
define the kind of place citizens want Danville to be 20- 25 years in the future. In
considering this vision statement, it is important to understand its context and role in the
Comprehensive Plan. The purpose of creating a vision is to build consensus regarding
the community' s future. A well thought out vision gives the community something to
collectively work toward. Visioning is the process by which the community actually
defines the fixture it wants. The visioning process assesses community options and
opportunities on the basis of shared purposes and values. The vision statement is the end
product of this process. This finalized vision statement is intended to emphasize the
community' s assets rather than the needs. Further, the vision statement is intended to
articulate the vision of what the community should be like in 20- 25 years, and
specifically within the scope of this Comprehensive Plan, how the community should
develop physically in the next 20- 25 years. The remainder of this Comprehensive Plan,
including the goals, objectives & policies and the Future Land Use Map should then
detail how we intend to achieve the vision that is outlined here.

The Vision
Who are we?
What strengths do we have to build oil?
What do we want to be?
How will we become what we want to be?

Danville is a proud, diverse, family -oriented community offriendly people

that is strategically located and thatfunctions as an employment and
retailing center and as the County seat of Vermilion County. Danville is
persoifr Pied by its small-t011?n fuel, unique heritage, affordcrhility, crud
picturesque natural surroundings. Danville strives to be a progressive and
prosperous community with an excellent quality of life, vibrant
neighborhoods, a strong educational system and a diversified economy.
Building on its community pride, Danville wil promote balancedgrowth while preserving
its unique heritage. Danville rvill encourage the redevelopment and
revitalization of existing neighborho ds while ensuring -- that all
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Goals & Objectives

V. GOALS & OBJECTIVES

An essential component of the Comprehensive Plan is a set of goals and objectives.

These goals and objectives establish the framework of the Comprehensive Plan by
providing a means to evaluate existing conditions and to shape future plans. They also
reinforce the concepts illustrated on the future land use map and will help guide city staff,
appointed boards and commissions, elected officials and the community in making
important decisions relating to land use and planning policy.

Goals are generalized statements relating to the communities values and desires
and indicating the ultimate aims, directions and desired outcomes of the plan.

o
Objectives are more specific statements that provide the means to measure
progress in achieving stated goals and the overall vision of the plan.

Land Use & Development

Development in land use patterns and intensities that make effective use of the
land
o
Growth areas contiguous to existing urban service areas and of sufficient size
and intensity to accommodate projected population, economic growth and
supporting services
o
Land use intensities that increase accessibility to alternative modes of
transportation

o
Incorporation of smart growth/ sustainable growth design principles in future
development

A balanced and compatible mix of land uses that will create long- term, viable
neighborhoods

o Logical locations for land use types to minimize incompatible land uses
o
Development patterns that provide convenient access to schools, parks,
employment and shopping

A mix of infill redevelopment and " greenfield" development in future growth

o
Priority areas for future development, redevelopment and revitalization
o Use of vacant, underdeveloped and redevelopable land for which urban
services are readily available
o
The full scale redevelopment of severely blighted and deteriorated
neighborhoods

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Neighborhoods

An attractive and vibrant downtown that serves as the focal point of the
community and provides abundant opportunities for social, cultural, and
economic interactions
o A mixture of uses throughout the area that may include a combination of
retail, professional services, entertainment, public/ government, and residences
o
Well designed public spaces with public art, landscaping and pedestrian
amenities

o
Improved accessibility to the Downtown area for all forms of transportation

Safe and attractive residential neighborhoods reinvigorated with life

o Improved housing stock conditions through rehabilitation and reinvestment
o
Demolition and removal of deteriorating structures having a blighting affect
on the surrounding neighborhood

Increased community pride in the City' s neighborhoods

o Organize neighborhood groups to help advocate for neighborhood
revitalization and enhancement

A wide variety of housing types within neighborhoods to meet the needs of all age
groups and income levels
o
An equitable balance of owner -occupied and renter -occupied housing broadly
dispersed throughout the community

Economic Development

A broad, diversified local tax base with an appropriate balance of residential,

commercial, industrial and professional growth
o
Attraction of additional commercial development to strengthen the city' s tax
base
o
Reduced burden of tax- exempt properties on the tax base of the community
o
Redevelopment of vacant and abandoned properties to return these properties
to productive use and generate additional tax revenue

Retain and expand existing businesses and industries and promote new and
expanded business opportunities
o Development of a systematic approach to business retention, expansion and
attraction

o
Increased interaction and communication with the business community to
foster the growth of existing businesses
o
An aggressive program of development agreements and incentive programs
pursued in a fiscally responsible manner

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Access to employment opportunities for all Danville residents

o
A diversified local economy that is resistant to national economic swings and
is not overly dependent upon a limited number of major employers
o
Workforce training programs available to all to ensure that the community has
the necessary skills for employment
o
Promotion and expansion of existing job placement efforts to get individuals
into the workforce

A comprehensive approach to economic development

o
A marketing plan to market the community and its lower cost of living to
potential investors and residents
o
An economic development plan that highlights sectors to promote and
identifies specific marketing strategies

Transportation

A safe, efficient, and cost- effective transportation system for the movement of
people and goods within, through, and around the City
o
Improve traffic flow and limit traffic congestion along major thoroughfares
o
Increase the use of existing transportation infrastructure where practical
o
Eliminate disruptions caused by at -grade rail crossings and train traffic
moving through the City
o
Identify future transportation improvements that will support and guide the
growth and development of the community
o Make transportation improvements that will contribute to the regional
transportation system
o
Preserve adequate right- of-way for future transportation improvements

Improve access to alternate transportation modes for Danville residents

o Incorporate bikeways and bicycle lanes in the design of future transportation
improvements
o Minimize obstacles to and delays in transition between the various forms of
transportation

o Increase the walkability of the community' s existing neighborhoods

Transportation improvements reflective of the physical and social environment in

which they are being placed
o
Apply context sensitive design principles when making transportation system
improvements
o Minimize the negative impacts caused by heavy traffic on local streets in
existing residential neighborhoods

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Goals & Objectives

Infrastructure

A well maintained municipal infrastructure system to serve existing and planned

development
o
Infrastructure repaired or replaced in a timely manner
o
Development carried out in an orderly fashion to ensure cost effective
extension of utilities

Developed and undeveloped areas that are protected from increases in runoff and
localized flooding
o
Reduce the impacts of development on stone water runoff by making
provisions for detention and conveyance of the runoff
o Correct areas of storm water infiltration - inflow into the sanitary sewer system

Community Heritage/ Urban Design

Preservation and restoration of the historic resources that make the City of
Danville unique
o Identification of neighborhoods that contain significant historical and cultural
resources

o Establishment of historic landmark and/ or historic district status for sites that
have contributed to the history of Danville
o Preservation of the unique characteristics that have given individual
neighborhoods a sense of identity
o Preservation of Danville' s unique heritage as a city with small- town features
o
Marketing of the community' s unique features and amenities to people around
the region

New development in an established neighborhood that is compatible with the

overall design and fabric of that neighborhood
o Preserved architectural designs of established structures within neighborhoods
o
Development that is recognized by residents and visitors as aesthetically
pleasing and appropriate

An aesthetically pleasing and harmonious appearance for the community

o Well kept public and private properties
o Streetscaping enhancements incorporated into transportation improvements
o An increased inventory of trees and shrubs dispersed throughout the
community
o Enhanced appearance of established industrial and commercial neighborhoods
to aid in the marketing of these areas to potential investors

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Environment

An environmentally friendly community with clean air and water and abundant
open space and natural areas to provide scenic beauty, passive recreation and
wildlife habitat
o
Preserve the natural resources and the environmentally sensitive areas within
and around the community
o
Protect agricultural lands and environmentally sensitive areas around the City
from urban development and sprawl
o Minimize the impact of natural and man- made disasters
o
Reduced likelihood of environmental and property damage from
flooding/ erosion

Community Facilities & Services

A complete system of parks and recreational facilities that meet the present and
future needs of the community
o
Development of an appropriate mix of large and small parks to serve the
active and passive recreation needs of the community
o
Connectivity between each of the community' s parks and with natural open
space areas

Cost- effective municipal services available to the entire community that help
maintain and enhance the City' s quality of life and ensure a high level of safety
for all Danville residents
o
Adequate levels of police and fire protection for all areas of the community
o Distribution of social services to Danville residents with unique needs
o
Accessibility in residential, commercial, and public locations for disabled
residents

o
Improved quality of life for all residents through community development
programs that emphasize social services and economic opportunity

Intergovernmental Cooperation

Strong relationships and interaction between and among local units of government
o
Coordinated efforts in future planning for community development projects
including infrastructure improvements and land use
o
Reduced competition among local governments for limited resources

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Lane! Use Development Plan

VI. LAND USE DEVELOPMENT PLAN

Introduction

The City of Danville completed its first Master Plan in 1950. In 1957 and 1968 that plan
was updated to account for changes in the community. In 1973, 1985 and again in 1997
the land use & development portion of those past master plans was updated. This chapter
represents the update of the 1997 Land Use Development Plan. In the time since that
plan was adopted many changes have occurred, as discussed in chapters II and III, which
make it necessary to reevaluate the Land Use Development Plan. This chapter identifies
specific future land use needs and provides guidance on the distribution and location of
uses in the future. In doing so, consideration was made of the present issues and trends
described in chapter II, and the appropriate goals/ objectives outlined in chapter V. This
chapter was also shaped by the growth forecasts made in chapter II and the commonly
accepted planning and design principles summarized below.

General Land Use Planning and Design Principles

Professionally recognized and accepted land use planning and design principles are
summarized in this section. These planning and design principles provide general
parameters for evaluating existing development characteristics and systems, and for
assessing the demands of future growth. These planning and design parameters also
establish parameters for sizing and locating future land uses as well as features pertaining
to specific land use types.

Human Scale Development

Communities should be designed on a human scale using neighborhood units as the basic
building blocks. Ideally, each neighborhood would be self-sufficient by offering
residents a variety of housing types, as well as providing co>nmerce, employment
opportunities and civic services. The land use pattern should be balanced around a series
of community and neighborhood activity centers in order to promote convenience and
accessibility, and to enhance the sense of community.

Compact and Contiguous Development

Urban development should be compact and contiguous. This allows for orderly growth
that can be most efficiently and economically provided with services. Scattered, or leap
frog, development can be difficult and often impractical to provide with services. It
frequently consumes immeasurably large amounts of land and it increases dependence on
the automobile, which detracts from the human scale and pedestrian accessibility.

Compatibility of Uses
The mixing of incompatible uses should be avoided. The separation or screening of
incompatible uses serves to protect the character of distinct residential, commercial or
industrial areas. It also decreases traffic hazards while conserving the taxable value of
land and structures. However, it should be noted that different uses are not necessarily

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incompatible. Within downtown and neighborhood shopping districts, mixed uses can
add to the vibrancy and economic vitality of these areas. The mixing of uses becomes
incompatible when major conflicts occur or can be expected in the future.

Future Land Needs

The City of Danville has grown by 1, 800 acres ( 2. 8 square miles) over the past 20 years,
despite seeing a marginal decline in population over that time period. The City' s growth
over the next 20 years is expected to require about 1, 500 acres of additional land, based
on the population projections in Chapter 2. The largest acreage requirement will be for
industrial development to meet the demand of large scale employers. Residential
development will require almost as much additional land to meet the housing needs of the
community. The vast majority of this will likely be subdivisions on the fringe of the
community, with a smaller amount of infill housing and redevelopment taking place on
underutilized lands within the community. Park/ recreation needs are expected to increase
in proportion to the growth in residential lands. Significant amounts of land for
commercial and professional development is also projected, although proportionately less
than residential and industrial growth, with some of this development likely also taking
place on underutilized lands within the community. The demand for public lands will be
minimal with any public development likely utilizing lands already in the City.

Figure 6- 1. Future Land Use Needs

While trending toward a more typical suburban city, Danville' s land use composition is
expected to remain more similar to older industrial cities with a comparable amount of
land devoted for industry and housing. Residential and industrial land uses should
compromise a somewhat higher percentage of total land use. The proportion of
commercial, professional and park/recreation land is not expected to change significantly,
despite relative increases in the acreages expected to be devoted to those uses.

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Future Land Usage

The Land Use Development Plan serves as a guide for future growth and development by
designating general areas that are suitable for developing specified land uses based on the
parameters noted above. It provides for compact future development that is contiguous to
existing service areas in order to maximize resources and minimize loss of natural
resources. It also allocates considerably more land for future development than will be
required for projected growth in order to maintain flexibility and avoid identifying
specific tracts for development. This approach serves to provide greater locational choice
for specific development proposals that are consistent with the plan' s policies and intent,
while reducing the potential for land speculation.

This plan strongly supports ongoing efforts to preserve and revitalize, and where
appropriate, redevelop existing neighborhoods through infill development and
rehabilitation. At the same time, it acknowledges the high demands that will exist for
suburban fringe development, and presents a strategy to effectively meet those demands.

Barriers to Growth

In and around Danville a number of obstacles to the further growth and development of
the City exist. These obstacles can generally be grouped into two categories, physical
and non- physical barriers. The physical barriers to growth can be further subdivided into
natural and man- made physical barriers. Examples of natural physical barriers to growth
include the rivers, lakes, wetlands and topography of the region. Examples of man- made
barriers to growth include railroad lines and large tracts of federal or state owned lands.

The founding and the historical development of Danville, described in the Existing
Conditions Report, were primarily influenced by the natural features of the area.
Ironically, those same natural features that attracted settlers to this area now serve as
barriers to the growth of the City. Foremost, the rivers and creeks of the area provide
significant growth obstacles in certain directions for the City. The North Fork River to
the West, the Vermilion River to the South, Stony Creek bisecting the City, and Lick
Creek to the East are all natural physical barriers that have played and will continue to
play a part in guiding the future growth of the City. Secondly, the contrast in topography
across the area serves as a limiting factor to the future growth of the area. Most
limitations caused by topography are localized to smaller tracts of land, but in some cases
entire areas are not likely to be developed because of the increased cost of development
caused by these topographic limitations. Particular areas that may be to costly to develop
because of the topography include the area West of the North Fork River along Hungry
Hollow Road and the area around Daisy Lane on the East side of Danville.

Mamnade physical barriers are also present in and around Danville that could
conceivably limit the growth of the City in certain areas or certain directions. Perhaps the
most apparent of these man- made physical barriers is the network of railroad lines that
run through and around the City. The majority of these railroad lines were constructed
back in the late 1800' s when railroads were the primary means of long range

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transportation. In fact, most of these rail lines are still used today for the movement of
freight into, out of, and around the area. While the rail lines have been and still are vital
to business, their presence, at least in certain areas, is detrimental to the development of
the City. The rail lines area detriment because they act as barriers, not just for the
growth of the City, but in limiting the movement of people within the City. With the
continued need for rail transportation into the foreseeable future, these rail lines will be a
part of the Danville landscape and development patterns will need to adapt accordingly.

In determining how to best plan around these physical barriers and minimize their effect
on growth patterns we must also examine the non- physical barriers that could hamper this
community' s future growth and development. These non-physical barriers become
barriers simply because of the policies and practices of the local governments and the
local utilities that have control over them. Perhaps the most obvious non- physical barrier
that exists is the lack of accessibility into certain areas. For growth to occur in an area
the area must be accessible to the broader City. Infrastructure and utility availability, or
the lack there of, can also be seen as a non- physical barrier to growth. If no
infrastructure is in place in a certain area, the development of that area becomes that
much more difficult.

Primary Growth Areas

The areas of greatest land development are projected to generally coincide with the areas
where land is easiest to develop. Specific areas in and around the community are more
economically feasible to develop than others. These are identified as primary growth
areas by this plan. A primary growth area is simply an area that is not only more feasible
to develop, but also very likely to develop within the time frame of this plan. Thus, the
growth in these areas needs to be addressed and planned for accordingly within this plan.

In general the areas to the Northwest, Northeast, East, and Southeast of the City show the
greatest potential for growth. The land in these areas is by and large unsubdivided and
few physical growth barriers exist in these areas. These areas are also generally
accessible from the existing developed area of the community. Further, some forms of
infrastructure are already available in these areas and those that are not, should be able to
be extended into these areas fairly economically to support further growth.

In determining the areas where the majority of the growth. should be guided, this plan is
also stating the areas in which we do not want growth to occur at this time. The dividing
line between these growth and no growth areas is identified as a primary growth
boundary. The primary growth boundary for Danville, as determined by this plan, is
shown on the map in Figure 6. 2 below. The area inside this primary growth boundary
can be expected to develop to urban densities over the next 20- 25 years. On the other
hand, areas that shouldn' t be developed for urban densities over the next 20- 25 years are
not included within the primary growth boundary. By setting a primary growth
boundary, we are in essence trying to ensure that the future growth of the community is
compact and sustainable.

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Areas to Annex

In determining how land will be used in the future in and around the City of Danville it is
important to differentiate between areas currently inside and outside of the corporate
limits and to analyze what constraints may exist on future land usage and growth if
certain areas are not annexed into the City. Specific areas to consider annexing are
divided info two groups below. The first group consists of properties that the City can
annex right now. These properties are completely surrounded by the corporate limits of
the City of Danville and less than 40 acres in size which means the City could force the
owners of these properties to annex at any time.

Areas that the City can forcibly annex at any time:

110 Sunset Rd. —vacant property that is approximately . 57 acres in size.
Parcel in Southgate Industrial Park —vacant property that measures . 73 acres in
size. This parcel was probably inadvertently excluded when the Southgate
Industrial Park was annexed into the City.
3279 East Main St. — .87 acre parcel located along East Main Street to the West of
Lynch Spur. The property currently has a structure that is occupied by a church.
3421 E Main St. — 1. 35 acre parcel occupied by a business and a residence and an

adjacent . 95 acre parcel that is vacant. These properties are located just east of
Lynch Spur on East Main Street.
908 Lynch Spur — 3 acre parcel occupied by a single residence. This parcel is
surrounded by industrial development.
2013 E. Fairchild St. - Ameren power substation situated on a . 78 acre parcel of
land.

1012 & 1022 N. Michigan Ave. —

two parcels that total 10. 62 acres in size. Each
property is occupied by a single residence.

The group below consists of areas that have previously been developed at urban densities,
but were not annexed into the City. These areas are not currently surrounded by the
corporate limits of the City and therefore cannot be forcibly annexed. However, since
these areas were developed at urban densities they should be annexed at some point so
that the community' s growth isn' t impeded and so these properties can utilize the full
array of municipal services.

Areas developed at urban densities that are not yet annexed:

Front half of the Devonshire Subdivision —area consists of approximately 28
residential properties on 15 acres of land on the North side of the City.
Annexation of this area is appropriate because City infrastructure and services to
the back half of the Devonshire Subdivision already traverse this area to serve the
rest of the subdivision.
Lake Vernilion —area consists of approximately 624 acres. Lake Vermilion is
very much a part of the atmosphere and culture of Danville and annexing the
entire lake into the City would allow the City to continue to grow across the lake
and around the lake.

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Lake Ridge — residential subdivision comprising an area of approximately 24

acres that is located on the Southeast shores of Lake Vermilion. A portion of the
Lake Ridge Subdivision has previously been annexed into the City. Annexation
of the remainder of Lake Ridge would encourage uniform growth around the lake.
Sportsman Club Rd. —
area of residential properties approximately 5 acres in size
lying North of Lake Shores Subdivision on the East bank of Lake Vermilion.
Lake Boulevard Addition — residential subdivision located West of Vermilion St

and North of Boiling Springs Rd that contains approximately 220 acres and over
250 residences.

Georgian Heights Apartments —apartment complex on North Bowman Avenue

situated on a property that is 4.4 acres in size.
Holland/ Peach St. Area —area of residential properties approximately 5. 5 acres in
size that is located just north of the Bowman- Perrysville/ I- 74 interchange.
Wendt/ Cleary Ave. area — 9. 5 acre area of residential development located South
of Interstate 74 and North of Perrysville Avenue.

Property North of 2001 & 2003 E. Voorhees St. — 3 acre area on N. Michigan

Avenue that contains a warehouse/ industrial building.

Before moving forward with the annexation of any of these areas a detailed cost/ benefit
analysis should be carried out on each of the areas to see if the City would see any direct
benefit from having the areas annexed. Once the benefits and the costs have been
weighed, then annexation should be pursued for the areas from which the City could
realize gains. In addition, annexation of all future developments contiguous to the City
should be mandatory as a stipulation for approval of the development. This would have
the consequence of slowing sprawl and discouraging future rural development at urban
densities around Danville.

Areas Suitable for Redevelopment

Certain areas within the City have degraded to such an extent that anything short of
completely clearing and rebuilding these areas is impractical. These areas have been
identified as suitable for redevelopment by this plan. In determining what areas may be
suitable for redevelopment the existing land use distribution and the likelihood of
improvement without redevelopment were considered. Also, each area was ranked
according to how proper the redevelopment of the area would really be in terms of fitting
in with the surroundings of the area. The three areas described below were identified in
this process as being the most suitable areas for redevelopment.

Elmwood Park Area -- Area bounded by Parkview Dr. and Elmwood Park on the
South, Griffin St. on the West, Cleveland Ave. on the North, and Nelson St. on
the East. The area currently contains a minimal number of single family
residences, one church, and numerous vacant lots. The area is over 50% vacant

yet viable infrastructure is still in place. With a location on the edge of the
community and relatively good access to Main St._and he interstate, this area is
logical to redevelop.

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Collett- Bowman/ Johnson- Seminary Area —Area bounded by Collett St. on the
West, Seminary St. on the North, Bowman Ave. on the East, and Johnson St. on
the South. Similar to the Elmwood area, this area is currently comprised of a
scattering of residences and vacant lots. The area is centrally located within the
community, with direct access to both downtown and points to the East and West.
Residential uses would seem most appropriate at this point for any redevelopment
of this area.

East Main Street Area Near DACC —Area along East Main St. bordering Danville
Area Community College and the Veterans Affairs facility, and bounded by
Nebraska St. on the east, an East- West alley on the north and State St. on the
west. This area is currently a mixture of commercial and residential uses along
with a small number of vacant lots. The amount of traffic being generated by
DACC and the VA and the fact that Main St. is a major thoroughfare makes this
area ideally suited for commercial redevelopment, particularly of uses that cater to
the needs of the DACC and VA populations.

In addition to the three areas described above, there are other areas in the City where full
scale clearing and redevelopment may not be necessary, but some improvements are
nevertheless warranted. These areas may instead require a combination of redevelopment
and rehabilitation to improve the vitality of the area. While two such areas are described.
below, in reality there are probably several more areas with similar circumstances.

Madison Square Neighborhood - Area bounded by Logan Ave. to the West,

Robinson St. to the East, Seminary St. to the North and North St. to the South.
This area is currently a mixture of single family homes and multi -family
apartments, with several vacant structures and vacant lots spread throughout.
Existing infrastructure in this area is probably adequate, though changes may be
warranted depending on the scope of the redevelopment. The area is situated
within good proximity to major North -South and East- West streets and is a short
distance from both the hospital campus and the Downtown. Madison Square
could potentially be redeveloped and/ or rehabilitated into the neighborhood center
it once was and the surrounding neighborhood could be developed into a mixture
of housing types and styles.

Midtown Area — Area roughly bounded by Gilbert St. on the West, Fairchild St.
on the North, Vermilion St. on the East and Williams St. on the South. This area
is currently a combination of commercial and residential uses in structures of
varying styles and ages. The area has good access to both the Downtown and
North Danville and is bounded by major roadways on three sides. The interior of
this area would be ideal for new residential development at higher densities. This
interior residential development would best be supported by a congruent
redevelopment/ rehabilitation of the exterior of this area.

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Areas Requiring More Detailed Study

An assortment of physical, economic and social changes have occurred throughout the
history of this community that have caused the development patterns within particular
areas of the City to vary greatly. This variation of development patterns over time has
left a hodgepodge of uses and structure types to contend with today. In the balance of the
City the future functions and the future uses of areas are obvious. The three areas
described below have undergone so much change over time however that no clear
direction is apparent when it comes to the future physical development of these areas.
Therefore, these particular areas should receive further study and analysis to determine
how they would best function in the future as well as what type of development arid what
types of uses would be most appropriate for them in the future.

East Main St. Corridor from Jackson St. to Griffin St. — At one time East Main
Street had a very different look and a very different purpose than it does today.
Before Interstate 74 was built US 136, which follows East Main St. through
Danville, was the primary East- West route through the area. East Main St. was
truly the " Main Street" of Danville. Since Interstate 74 opened almost 40 years
ago, East Main Street' s importance as a link to points West and East has
diminished as the majority of the through traffic now traverses I- 74. In contrast,
most of the traffic traveling East Main St. is local traffic. Thus, as the travel
patterns have changed along East Main so has the distribution of land uses along
the corridor. The development along some blocks is older in character, with other
blocks more modern. Similarly, some blocks are primarily residential, others
primarily commercial, and still others a combination of both. This mismatch of
uses and designs that has developed over time leaves the future development of
this corridor uncertain.

Downtown Area ( Gilbert St. to Jackson St. & Main St. to Williams St.) — The

Downtown area has undergone a considerable transformation over the past several
decades. Not long ago the Downtown was the heart and soul of the community
and all activity resonated from the Downtown. With the realignment of Illinois
Route 1 onto Fairchild St. and Gilbert St. and various other modifications, the
downtown area has begun to lose a portion of its glamour and identity. The
Downtown area no longer serves as the primary hub of activity, but rather in a
variety of different roles that often time conflict with one another.

South Danville Area/ South Gilbert St. Corridor ( Main St. south to the I-74/ Gilbert
St interchange) — This corridor has been altered significantly as development
patterns and travel patterns have changed in and around Danville. With this
corridor being a part of the primary North -South roadway through the County and
with the areas proximity to the interstate this area should continue to experience
increased development pressures. Limitations do exist on the development of this
area however and those limitations will have to be factored into any future area
study.

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Future Land Use Map

A key component of this Land Use Development Plan is the Future Land Use Map. The
Future Land Use Map is crucial for setting a clear and concise vision for how the various
areas of the City and the City' s extended planning area should develop now and in the
future. The Future Land Use Map illustrates 12 different future land use designations. A
description of each of these designations is provided in the next section. Planned future
land use areas have been allocated in general conformance to the projected land use
requirements presented above. The Official Future Land Use Map is also attached as
Appendix A to this Plan and will be made available for future distribution in the form
found in the appendix.

Figure 6- 2. Future Land Use

0" ignation

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BW A(ed'ho Darsity Rasidai

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Future Land Use Designations

A set of 12 designations was recommended by the steering committee to assist the

Planning & Zoning Commission in determining appropriate locations for different scales
and patterns of development within the Danville planning area. These 12 designations
are described within this section of the Land Use Development Plan. The designations
are meant to be general in nature while representing a grouping of similar land uses.
These designations will establish guidelines and policy direction. to use when considering
zoning, subdivision, and other regulatory controls. They are not intended to regulate a
particular use to be developed on a particular parcel however.

The Future Land Use designations are not zoning districts and the Future Land Use Map
is not a zoning map. The Official Zoning Map, housed in the Public Development
Department, illustrates the current legal zoning of all parcels within the City limits and
the City' s planning jurisdiction. The City of Danville Zoning Ordinance regulates land
use and development requirements per zoning district. The Future Land Use Map, in
collaboration with the following Future Land Use designation descriptions, shall be used
to help determine future policy decisions related to growth and development.

Low -Density Residential — Large lot residential development characterized by single

family dwellings and typically located on the perimeter of the City at densities ranging
from 3 to 5 dwelling units/acre. In certain circumstances these areas may include a
limited number of more intensive residential uses such as duplexes or apartments.

Medium - Density Residential — Residential development characterized by a wider

variety of housing types that may include combinations of single family detached homes,
duplexes, condominiums and in some circumstances multi -family structures at densities
ranging from 6 to 10 dwelling units/ acre. Most existing residential neighborhoods with
lots platted more than 25 years ago would fall into this category.

High -Density Residential -- Residential development consisting primarily of multi-

family apartment complexes, retirement centers and nursing homes at densities greater
than I I dwelling units/ acre. High -Density Residential areas should be located in or
adjacent to centers of activity in order to support those activities, reduce travel distances
and buffer surrounding areas of less intensive uses.

Downtown Mixed Use - Densely developed central business area that acts as the focal
point of the community and serves as the center of governrnent while providing space for
a variety of professional, service and retail uses, in mixed use structures. The downtown
mixed use area should differ from neighborhood commercial areas only in scale and
location.

Neighborhood Commercial —Low intensity commercial development characterized by

a mix of service and retail uses that is designed to serve the neighborhood and to a lesser

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extent the community as a whole. Typically located at major street intersections and
designed to accommodate a combination of automobile and pedestrian traffic.

Highway Commercial -- Commercial development primarily focused on serving

automobile/travel needs and oriented along major travel corridors. Such areas may
include hotels, gas stations, and restaurants with additional low -intensity
commercial/ professional uses located mid -block.

Regional Commercial — large scale commercial development that is primarily in the

form of large retail establishments designed to serve not only the community, but the
entire region. Uses in such areas may include " big -box" developments and shopping
malls/ shopping centers.

Professional/ Office — Development consisting predominantly of office buildings

designed for businesses that serve the specialized service needs of the community or the
region. Examples of professional/ office development may include medical offices,
insurance, real estate or accounting offices.

Industrial — Development consisting primarily of businesses engaged in the manufacture

or distribution of consumer goods or products. Examples of industrial development may
include businesses which manufacture, assemble, or warehouse products on site as well
as large scale office buildings/ complexes.

Public/ Institutional — Development that is typically tax- exempt and serves the civic
needs of all or a significant portion of the community' s residents. Examples of
public/ institutional uses would include federal, state or local government facilities,
airports, schools, major- medical facilities, cultural facilities and cemeteries.

Recreation/ Open Space — Developed and undeveloped lands that are reserved for or

have been made available for use by all or a significant portion of the community' s
residents. This would include all parklands, playgrounds and other recreation areas as
well as private open space such as golf courses. This category would also include
environmentally sensitive areas and areas where development is infeasible due to the
presence of natural or manmade constraints.

Agricultural -- Areas best suited for crop cultivation and production for the foreseeable
future. Residential development at less than 1 dwelling unit / 5 acres is also suitable,
provided that access is provided to undeveloped areas.

Future Land Use Map Recommendations

Overall Map Recommendations
In determining the future land use distribution - in -and -around -Danville -specific -- -
rationalizations were made by steering committee members and other residents of
Danville concerning particular topics and designations. Those rationale are included here

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as supplemental recommendations for the Future Land Use Map in order to help justify
and support the distribution of land use designations as presented across the overall
Future Land Use Map. In addition to the Future Land Use Map, the recommendations
presented below should be referenced when considering the appropriateness of all future
growth and development.

The primary focus in revising the Future Land Use Map into the form presented in this
Plan was to slow the continued growth of the City outward and force growth to come
from within through the redevelopment and revitalization of existing neighborhoods.
That intention should not be forgotten as the rest of the recommendations are interpreted.

Industrial Development
The general intent for industrial development was to provide a generous amount of space
for new industrial development because industrial growth will ultimately be what drives
future residential and commercial growth in our community. Two particular regions
were identified in which to concentrate future industrial growth. These regions are the
area in the vicinity of the Vermilion County Airport, and the area on the East side of
Danville including the Eastgate Industrial Park and lands to the North and South. These
areas can potentially provide space for over 1500 acres of new industrial development.
Limitations may arise with specific tracts or parcels that may prevent all of this acreage
from being utilized for industrial development however.

In providing this expansive of an area on the outskirts of the community for new
industrial developments the expectation is that all of the existing industrial areas in the
community will remain viable. Obviously if existing industrial areas become abandoned
then the redevelopment and reuse of those areas should first be pursued before
encouraging more new developments on the outskirts of the community.

Heavy Industrial vs Light Industrial Development Areas

On the Future Land Use Map only one " industrial" classification is presented, but in
reality all industrial development is not similar. The impact of an industrial development
on an area is going to depend on the scale of the development and the operations intended
to be carried out on the premises. Therefore, the areas designated as " industrial' on the
Future Land Use Map are more specifically defined as either " heavy industrial' or " light
industrial' here. Heavy industrial areas would be areas where the production and.
manufacturing of goods takes place on site. If not mentioned below then an area
designated as " industrial' on the Future Land Use Map is appropriate for heavy industrial
development. Light industrial areas would be areas where less intense industrial
processes such as distribution and warehousing of goods takes place. Existing and/ or
proposed future surroundings dictate that within the following areas only " light
industrial' developments be allowed to develop:
1. Any property designated for industrial development that is within or abutting an
existing or planned residential neighborhood
2. West of Washington St. in the vicinity of Downtown
3. Within any existing or future office park developments

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Residential Development -

The objective in assigning areas for residential growth and development was to provide
enough space to meet the expected needs over the next 20 years, while locating the
development in the areas that are most feasible and most appropriate for residential
development based on the existing configuration of the community. With the City' s
expansion northward, the geographic center of Danville has moved northward. Most of
the growth northward has been in the form of commercial development. Thus, the
economic and employment center of Danville has also shifted northward. In order to
complement this northward, expansion of commercial development, areas to the
Northwest and Northeast of the community become the most logical areas for future
residential growth. While no recent residential growth has occurred west of the Lake, the
continued push northward should increase the viability of that area for new residential
development. Similarly, the area North of Winter Avenue and East of N. Vermilion St. is
now ripe for residential growth because of that areas proximity to shopping and
employment along North Vermilion St.

Residential Development Densities

Residential development on the Future Land Use Map :is designated according to
appropriate densities of development. The purpose for doing this was because a mixture
of housing densities throughout the community will make for a healthier community.
The area around the lake is more pristine and rural and therefore lower densities of
development are more appropriate. On the other hand, neighborhoods around downtown
were developed at higher densities to take advantage of the proximity of the
neighborhood to downtown and the other urban amenities. While extremely dense areas
are unsuitable for the general welfare of the community; certain areas were identified for
higher density development. This higher density development is generally in
strategically located areas in order to serve as a transition between land uses of differing
intensities.

Separation of Residential &. Non -Residential Development

Preserving and protecting the integrity of existing neighborhoods is paramount to the
development of a community. While not directly reflected on the Future Land Use Map,
limiting the sprawl of non- residential uses into established residential neighborhoods was
a reoccurring theme in the discussions. In fact, very little of the area being utilized for
residential purposes today was -proposed for conversion to non-residential use. This — _ -
should prevent non- residential development from overrunning and destroying the fabric_
of a residential neighborhood. Additionally, the separation of commercial and residential
development was deemed important for property values and the quality of life in the
community. There are various locations on the Future Land Use Map where a block is
divided in half with half of the block being designated for residential development and
the other half of the block being designated for commercial development. The only way
that would be acceptable is if a generous amount of separation exists between the two
developments. This would be up to the newest development to provide. Therefore, in
locations on the Future Land Use Map where the map shows residential and non- - --

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residential designations abutting each other, additional buffering and/ or larger setbacks
should be mandated.

Planned Unit Developments and the Development of Planned Neighborhoods

Development in the form of either planned unit developments or planned neighborhoods
should be considered in the new, residential growth areas designated on the Future Land
Use Map to avoid the complications of piecemeal development. Planned unit
developments simply describe development on a single parcel of land with single
ownership control, and consisting of two or more buildings that have yard, parking or
loading space in common. On the other hand, a planned neighborhood would be a
development in which an area of land is subdivided to create a self supportive community
with places to live, work and play all located within the neighborhood. A complete
planned neighborhood would have a mixture of housing types situated around a
neighborhood center containing commercial/ professional uses. The neighborhood center
would ideally form an activity center for the surrounding neighborhood and would
accommodate transit service and public uses such as fire stations or schools. Access to
open space and alternative modes of transportation would also be a major focus of a
planned neighborhood. Complete planned neighborhoods would serve as community
building blocks and a network of greenways and trails could be created to connect the
individual planned neighborhoods to each other in order to form a more close knit
community. Both planned unit developments and planned neighborhoods give the
developer and the community more flexibility with development decisions and more
control over the resulting product and the use of these forms of development should be
pursued.

Commercial Development

The aim in determining suitable locations for commercial development was to provide
lands to meet the projected needs, while attempting to guide commercial development to
areas where some commercial development already exists. All commercial development
is not similar in type or scale though, hence four distinctive commercial designations
were created to address differences between patterns and scale of commercial
development. " Neighborhood commercial" areas would be the least intense of the four in
terms of the pattern and scale of development. Neighborhood commercial areas should
function as the neighborhood center of a residential area and primarily cater to the
surrounding neighborhood. " Downtown mixed use" would of course apply to the
Downtown area. The downtown mixed use designation provides for more dense
development than is allowed in neighborhood commercial areas, while at the same time -
emphasizing a mixing of residential, commercial and professional uses within individual
developments. " Highway commercial" areas are concentrated along heavily traveled

roadways where vehicular oriented businesses would locate. Finally, " regional
commercial" areas are the most intense of these commercial designations in terms of the
magnitude of development. Regional commercial areas are those destination locations
that are designed to serve multiple needs of persons both inside and outside of the
community.

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Strip Commercial Development

Strip commercial development refers to piecemeal development patterns along major
roadways that cater to the automobile. The presence of strip commercial development is
harmful because it limits the use of adjacent lands and results in haphazard development
patterns. In areas of strip commercial development traffic congestion often is
commonplace. The congestion builds up because more access points are granted as more
individual developments locate along the roadway. Specific areas where strip
commercial development is present in Danville include: South Gilbert St. from the
interstate Northward to Fairchild St., Fairchild St. between Gilbert and Vermilion, North
Vermilion St. North of Winter Avenue and Main St. from Gilbert St. East to Kansas Ave.
These areas have all been allowed to develop in a strip development pattern over time
and there is little that can be done to reverse this process now. Instead, it is now in the
community' s best interest to allow further commercial. development along the areas
mentioned above. In so doing however, future access points to/ from the roadway as well
as the layouts of developments should be closely scrutinized. In areas along the major
roadways that are residential or have not yet been developed for commercial purposes,
strip commercial development should be prevented at all costs. This would include the
stretch of Vermilion Street from English St. North to Winter Ave which is presently
residential. and should be preserved as such.

Existing Non -Residential Structures in Residential Neighborhoods

Besides areas designated as neighborhood commercial on the Future Land Use Map,
areas designated for future medium -density or high -density residential development are
generally appropriate for commercial uses that serve the neighborhood or a portion of the
community as long as the project involves the reuse of an existing non- residential
structure. Non- residential structures exist throughout Danville' s older residential
neighborhoods that were built and have previously been used for business purposes.
Currently several churches, neighborhood schools and other structures designed for
businesses are lying vacant within residential neighborhoods. Rather than having these
properties become problems for the neighborhood, the reuse of these structures for
certain low intensity business uses should be permitted and encouraged.

Professional/ Office Development

Professional development as expressed in this plan is simply development in the form of
professional office facilities. The goal -in assigning professional development areas was
to provide new lands for professional development by expanding the size of established
professional development areas. The one area where professional development is
primarily concentrated right now -is in the vicinity of the hospital on Logan Ave. It was
the intent to expand the area appropriate for professional development around the hospital
without damaging the neighborhoods upon which this professional development will be
bordering. While this particular designation is specifically for professional/ office type
developments, professional/ office developments would also be suitable if mixed into
areas designated for highway commercial or downtown mixed use development.

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Public/ Institutional . Development

The purpose of identifying areas for public/ institutional development was principally to
show areas that are currently controlled by public or institutional bodies or where
public/ institutional bodies plan to spread into. Generally; once lands are used for
public/ institutional purposes those lands never revert back to private control. Despite that
fact, if an area designated for public/ institutional development was ever abandoned by the
public or institutional entity, then the surrounding future land use distribution should be
analyzed when determining the alternative preferred, future land use of these properties.
In all undeveloped or developing areas,- including residentially designated areas, future
public/ institutional development would generally be suitable if the need can be justified.

Development in the Lake Vermilion Watershed

In order to protect the drinkable water supply of Danville, development around Lake
Vennilion must be strictly regulated. In the past, hundreds of homes and even businesses
have been allowed to develop within the Lake Vermilion watershed without the benefit of
public sanitary sewer facilities. Prudent planning principles dictate that such
development be limited in the future unless the City can be assured by health officials
that any proposed sewage treatment systems are adequate to protect the public health of
affected citizens. In addition, the amount of urban runoff entering bake Ven-nilion
should be minimized so as not to affect the water quality of the Lake.

Development Proposed Outside the Primary Growth Boundary or in Non -

Contiguous Areas

While areas for growth were allocated for all the expected forms of development, a
significant amount of the Danville planning area was designated for no urban
development over the 20 year planning horizon of this plan. This area carries the
agricultural" designation on the Future Land Use Map and largely lies outside the City' s
Primary Growth Boundary. The amount of growth the City of Danville is currently
projected to experience simply does not dictate the need for the urban development of
this area in the next 20 years. Therefore, developments proposed outside the primary
growth boundary in this agricultural classification area should be discouraged from
locating in this area and denied if they proceed. This will facilitate the conservation of
lands for future growth as well as ensure compact and sustainable growth of the
community. Additionally, if a proposed development is not contiguous to the City at the
time it is proposed, the development should not be allowed to move forward until the
property is contiguous to the City or an annexation agreement is in place. ' this will

discourage " leap frog" development and improve the efficiency of providing
infrastructure and services to developments.

Map Sub -area Recommendations

In order to revise the Future Land Use Map adopted in 1997, the incorporated area of the
City of Danville and the unincorporated planning area around the City of Danville in
which the city has planning jurisdiction were divided into nine planning " sub -areas". The
purpose of subdividing the area into these planning sub -areas was to allow the steering
committee and others involved in the process to analyze these smaller sub -areas

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individually, rather than be overwhelmed by attempting to revise the entire map at one
time. The map below shows the boundaries of these nine sub -areas. Beneath the sub-
area map, recommendations are listed for each of the individual sub -areas as derived
from this process.

Sub - area # 1— This sub -area includes all of the City and unincorporated area West of
Vermilion St. and North of Boiling Springs Road. The position of this area relative to the
developed area of the City should preclude any growth from occurring in this area for the
foreseeable future. This sub -area is primarily a natural setting encompassing the upper
reaches of Lake Vermilion and containing large forested areas, wetlands and irregular
topography. Thus, the intent for land usage in this sub -area should be to preserve and

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protect the natural amenities of this area and prohibit growth and development from
intruding on the area' s precious resources.

Sub - area # 2 —
This sub -area includes all of the City and unincorporated area East of
Vermilion St. and North of Boiling Springs Road extended. This area should see a fair
amount of new development in the next twenty years due to a combination of spin-off
development from the already established commercial developments in the area and an
increased demand for industrial development locations in proximity to the airport. This
Plan identifies a sizeable area in the vicinity of the Vermilion County Airport for future
industrial development. Industrial development should become more of a reality in this
area now that all utilities and adequate infrastructure serve the area. As industrial
development is allowed to locate around the airport, careful consideration should be
given to the location and height of structures so as not to interfere with the flight paths of
aircraft landing and taking off at the airport. Also, sufficient buffering should be
provided around the industrial developments to minimize conflicts between the industrial
uses and neighboring residential uses. The area North of West Newell Road has been an
issue of discussion for almost twenty years now as Danville has continued to rapidly
expand northward. The 1. 997 Land Use Plan stated that there would be no commercial
development North of East West Newell Rd. for the foreseeable future and verbal
agreements were made at that time concerning this. Since 1997 more developments have
been allowed to locate in the area just South of West Newell Rd. and more infrastructure
improvements have been made in the area making the potential development of this area
more feasible. The Planning and Zoning Commission detennined that it was in the
community' s best interest to continue to uphold the position made in the 1997 Plan in
deciding that this area is still not appropriate to develop and that the City should continue
to hold the line and not grow any further northward. This position is supported by the
goals and objectives of this plan, which emphasize the revitalization and redevelopment
of existing neighborhoods and the slowing of urban sprawl around the community.
Additionally, further northward expansion at this time could overextend city services and
thus the cost of development in this area could very well outweigh the benefits.
Therefore, this Plan identifies the entire portion of our planning jurisdiction north of East
West Newell Rd. as inappropriate for any type of urban development for the foreseeable
future. This area has been given the agricultural designation on the revised snap and the
City' s primary growth boundary remains along West Newell Road.

Sub -area # 3 This sub -area includes all of the incorporated and unincorporated area
West of Vermilion St. between Boiling Springs Road and Voorhees St. This area is
suited for residential development, especially in close proximity to Lake Vermilion.
While the area encircling Lake Vermilion is ideal for residential development, the area
should be developed at lower densities and in tune with the surroundings of the area so as
not to distract from the serenity of the lake area. Very little, additional lands on the
Western side of Lake Vermilion and the North Fork of the Vermilion River is allocated
for future development because growth across the lake will most likely be limited by a
lack of access into the area and by the_high_costs. of extending/ expanding city utilities for . ---.-
the area.

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Sub -area # 4 - This sub -area includes all of the incorporated and: unincorporated area East
of Vermilion St. between Boiling Springs Road extended and Voorhees St. This sub -area
represents the most fitting area for residential growth due to its location and. access in
relation to the rest of the community. The entire area North of Winter Ave. and West of
Bowman Ave. is a good location for new low and medium density residential
subdivisions. In addition, the heavily traversed Bowman Ave. corridor is ideal for some
highway - oriented commercial development. At this time however, commercial
development along N. Bowman Ave. should be limited to highway commercial scaled
development at the major intersections of Bowman & Winter and Bowman & Liberty.

Sub - area # 5 ---

This sub -area includes the City and unincorporated areas South of
Voorhees St. and West of the North Fork of the Vermilion River. The majority of this
area is currently rural and has developed without development regulations or urban
services. The terrain in this area is also somewhat of a hindrance to the development of
the area as the North Fork River and other natural and manmade features currently limit
access to the area from greater Danville. Since limitations exist to the further
development of this area, it is best that we discourage further growth and development in
this area at this time. Instead, unincorporated portions of this area should remain rural
residential in character, with limited low intensity commercial/ light industrial
development permissible in existing non-residential structures along the US- 150 corridor.

Sub -area # 6 - This sub -area includes the City and unincorporated areas South of
Voorhees St. between the North Fork of the Vermilion River and Bowman Ave. This
area encompasses the Downtown and the neighborhoods ringing the Downtown. Various
types of development generally have been allowed to intermingle in this area in the past.
Changes to the distribution of designations for this sub -area include the creation of a
downtown mixed use" designation primarily centered on Vermilion St. This downtown
mixed use area is intended to represent a pattern of development similar to that found
within a traditional downtown setting, with buildings appropriate for a multitude of uses.
Additionally, the Madison Square area is now designated as a neighborhood commercial
area.. This area was traditionally a neighborhood center and the belief is that it can be
revived as such again in the future. Moreover, additional land was set aside in the
vicinity of the Hospital on Logan Ave. for further office development. This expansion of
the professional office area included modifying the West Williams St. corridor from
residential to professional office. Currently, West Williams St represents a barrier for the
residential neighborhood anyway so this does not appear to be problematic in the long
term. The Route 1 corridor is generally already developed as a highway commercial
corridor, but the area in the vicinity of the Interstate 74 - Gilbert St. Interchange was re-
designated for regional commercial scale development. This area was determined to be
appropriate for this type of future development date to the proximity to the interchange
and interstate. In addition, the access to the interstate and the heavy traffic loads in the
area make this area most suitable for this type of development. The stretch of North
Vermilion St. between Fairchild St. and English St. was also scrutinized closely. This
area has functioned as a transition area between more intense commercial uses to the

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South and the established residential neighborhoods to the North in the past. This area
should continue to function in this transitional role to prevent intense commercial
development from spreading further up Vermilion St. Additionally, it was determined
that the professional offices designation should. be given to this area because that
designation can best accomplish the aforementioned long term intent of the area.
Sub -area # 7 — This sub -area includes the incorporated and unincorporated area South of
Voorhees St. between Bowman Ave. and Daisy Lane. No significant modifications were
made to this sub -area of the snap. The primary focus of discussion and concern was the
East Main St. corridor. Since this corridor has been allowed to develop commercially in
the past, it was deemed reasonable that the property along East Main St. already
developed for commercial purposes remain appropriate for future highway commercial
development. On the other hand, existing residential property along the East Main Street
corridor should remain residential where possible.

Sub -area # 8 — This sub -area includes the incorporated and unincorporated area East of
Daisy Lane and North of Interstate 74. The majority of this area has been and will
continue to be reserved for various forms of industrial development. Although this entire
area is disconnected from the City geographically, this flat land along the Indiana state
line has helped spur the growth of the community. Few changes were made to the map in
this sub -area with the exception of the area between Daisy Lane and Brewer Road. This
area was designated as transitional in the previous Land Use Plan, but the growth of the
City into this area is probably not warranted or even likely in the foreseeable future
unless or until a beltline highway gets constructed through the area. One other area of
interest within this sub -area is the area around the Lynch Spur/ Interstate 74 interchange.
Commercial development has been allowed around the interchange in the past and
existing commercial. development in the vicinity of this interchange will likely incite
additional commercial development to the interchange area in the future. As long as
lands designated for industrial purposes are not compromised by this commercial
development there should be no problem with allowing this to happen. Thus, the land
adjacent to the interchange is still identified on the revised map as being suitable for
highway oriented commercial development.

Sub -area # 9 -- This sub -area includes the incorporated and unincorporated area East of

Daisy Lane and South of Interstate 74. Only one alteration was made to the distribution
of land use designations in this sub -area and that involved the removal of the residentially
classified area South of Perrysville Rd. This area is currently a large distance from the
incorporated area of the City and it does not seem as though the City will grow very far in
this direction any time ill the near future. Another issue that also relates to this sub -area
was whether or not commercial development should be allowed on the South side of the
Lynch Spur/ interstate 74 interchange. The properties in proximity to the South side of
the interchange are generally irregular in shape and smaller than is typically required for
industrial development.- Thus, the area adjacent and south of the interchange is still
identified on the revised map as being suitable for highway oriented commercial
development.

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VII. TRANSPORTATION PLAN

This transportation plan addresses the traffic circulation network of roadways, as well as
alternative modes of transportation, which include the public transit system, and
bicycle/ pedestrian transportation. The traffic circulation network is a major factor
affecting the growth and development of the community. Since residents depend upon
the community' s transportation network for the movement of vehicles, goods and people,
an efficient transportation. system consisting of various modes can influence the quality
and direction of development. Therefore, this transportation plan primarily serves to
complement and reinforce the land use development plan and is based on accepted design
principles.

Roadways

A community' s street system should provide for the safe and efficient movement of
traffic and be developed to support the community' s land use planning. The system
should also provide convenient access to and from the community. Finally, the
transportation system as a whole should consider regional needs, including access to
surrounding communities and the interstate highway system.

Street Hierarchy
The roadway network should be designed as a continuous network of arterial, collector
and local streets. Each of these street classifications has different functions,
characteristics and requirements. An arterial street is intended to provide for the
movement of relatively large volumes of traffic across the community and region.
Arterials should provide connections between areas of high activity such as from one
urban area to another. Access to an arterial street from abutting property should be
limited to public .roads and large scale developments. Arterials should occur at a
frequency of no more than one mile intervals throughout the urban area. A collector
street should provide access between local streets and arterial streets. A collector should
collect traffic from local streets and distribute it to the arterial streets. Abutting
properties should be granted access onto collector streets. Local streets function by
providing a means for travel from individual properties and neighborhoods to collector
streets. All properties should be allowed access onto a. local street and local streets can
occur throughout the community. If this street hierarchy is functioning correctly, all
portions of this hierarchical system work together to facilitate the safe and efficient
movement of people and goods.

Future Roadway Additions/ Extensions- -

Since growth forecasts project little new growth this -plan -provides .little in -the extension -
of the city' s network of arterial or collector streets. Most new individual developments
will be expected to provide streets within the development. Care will need to be taken to
ensure that these new local streets provide proper connections to the City' s network of
arterial and collector streets. New local streets should -provide for a -sufficient number of - - --
connections to the City' s existing street system and t_o neighboring areas of existing and --

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potential future land use development. The City' s Subdivision Ordinance regulations
will help ensure appropriate standards for local streets are met.

Most future roadway improvements within the City will be maintenance related.
However, road extensions or additions that further the community' s economic
development efforts should be prioritized and completed. One planned project currently
exists that will be extremelyimportant to the City' s ability to adequately meet future
transportation demands and attract development. That project would be the construction
of a Beltline on the East side of Danville. The Beltline would connect to a new
interchange with I- 74 between Bowman Ave and Lynch Spur and run Northward from
there towards the Vermilion County Airport. A number of alternative corridors have
been analyzed and one alignment has been chosen. This roadway is currently still in the
planning stages, but the Beltline could be at least partially built in the 20 year time
horizon of this plan. Therefore, development along this corridor should be restricted until
further planning, identifies the actual alignment within this corridor. Other planned
roadway additions and extensions should be analyzed to determine their merit. These
include extending Southgate Drive to Brewer Road in order to open up additional lands in
the vicinity of the Southgate Industrial Park for future development and extending
Boiling Springs Road eastward from Vermilion Street. These roadway improvements
would all aid in reducing traffic congestion, improving accessibility and promoting
economic development for the City.

Access Management

In many parts of the country the implementation of access management regulations along
major roadways has had significant benefits. Access management can improve traffic
safety and preserve roadway capacities. The City of Danville has several corridors that
should be evaluated to determine if access management techniques would be appropriate.
These include the entire Illinois Route 1 corridor from the interstate North to West
Newell Road, the entire length of Main Street, and Bowman Avenue from the interstate
to Voorhees St. Application of access management regulations in these areas should be
considered in the near future to ensure continued safe and efficient travel..

Official Roadway Map

The official roadway map is attached as Appendix B to the Comprehensive Plan. The
official roadway map is designed to be a guide for roadway planning. The roadway map
designates the classifications of existing and proposed roadways in and around Danville
as well as snowing proposed roadway additions/ extensions.

Public Transit

A good quality public transportation system is an important and. vital community

resource. The community' s public transit system is important in connecting transit
dependent persons with workplaces, shopping, public facilities and healthcare services
and facilities. It is vital that the City continues to support the continued operation of the
public transit system and when possible pursue improvements that augment existing

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operations. As the community continues to expand geographically, it will make it more

and more difficult to maintain the relative extent of public transportation coverage within
the City. Therefore, the development of compact neighborhoods with convenient access
to the public transportation system is crucial to expanding the use of the system. The
second challenge for the public transit system is to determine the best mix of services that
can be provided with limited resources. As new developments ate created that are
appropriate for transportation connections, additional funding will need to be found to
fund route extensions to these areas. It is also important to understand and consider that
most transit trips begin and end with another form of transportation, such as walking or
bicycling. Therefore, developing good walking conditions and a well- connected network
for pedestrians is important in supporting public transportation. People should be able to
walk to a bus stop from their homes, jobs or other activities as seamlessly as possible. If
pedestrians do not feel safe or feel it is too difficult to get to a bus stop, they will choose
not to take the bus and will be forced to select another mode of transportation.

Convenient connections via well maintained sidewalks are critical to the use of public
transportation.

Bicycles/ Pedestrians

Bicycle and pedestrian transportation connections are an important component of a

transportation system. A well planned network of bicycle and pedestrian infrastructure
that connects major origins and destinations can serve as practical alternative mode of
transportation. Such a network can result in reduced congestion on roads and a healthier
environment. Good walking conditions and safe, convenient bicycle connections also
help to support the use of public transportation. Together, these alternative transportation
modes support each other and are critical in achieving a pedestrian friendly, walkable
community. Thus, an emphasis should be placed on developing and maintaining bicycle
and pedestrian connections to support not only development patterns but to improve the
quality of life in the community. Infrastructure for bicycle and pedestrian transportation
will need to be provided in developing areas, while developed areas will need to be
retrofitted wherever possible. The future growth of the city provides a unique
opportunity to incorporate bicycle and pedestrian transportation as quality of life amenity
in developing areas. Additionally, roadway improvements offer opportunities to
incorporate or improve bicycle/ pedestrian connections in developed areas. Context
sensitive solutions, as promoted by IDOT, require that bicycle and pedestrian
accommodations be addressed as part of roadway construction. Routine maintenance,
such as repaving roadways, may also provide an opportunity to better accommodate
bicycle travel by paving and/ or widening shoulders. Roadway intersection improvements
may also provide opportunities to more safely accommodate both bicyclists and
pedestrians.

Rail

The railways and rail operations are the responsibility of the private rail companies
within the City of Danville. Rail is included in this transportation plan though so that

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provisions can be made for the separation of rail transportation from the other
transportation modes. The City of Danville currently has a significant amount of rail
traffic that carries freight into and through the area. Given the current rail operations and
the likelihood of even more rail traffic in future years, it is important that rail operations
are addressed as part of the transportation system.

The presence of the railways in the community causes numerous conflicts with the rest of
the transportation system and can also influence the location and pace of development in
the community. The primary problem caused by the railways in Danville is travel delays
for other modes of transportation. At -grade rail crossings hinder the free movement of
traffic in and around the community and can pose safety hazards. If train volumes were
to increase in the future this would result in even more delays. The City should take an
active role in identifying potential alternatives to minimize or eliminate significant delays
in affected areas. Grade separated infrastructure such as overpasses or viaducts or the
relocation of rail lines are possible solutions that should be considered. These solutions
could. be extremely costly and require a lot of time for design and construction however.

The proximity of railways to residents and neighborhoods throughout the City is a

problem also clue to the sound and degraded quality of life that is generated from living
near the railways. Currently, all trains passing through the community have to sound
their horns at at -grade crossings regardless of the location. Since removing all at -grade
crossings in residential areas is not feasible, a cost- effective solution may be to make gate
improvements at crossings so that trains would not have to sound their horns at all
crossings.

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VIII. RECOMMENDATIONS

This chapter summarizes the recommended policies and actions for carrying out the Plan.
This Comprehensive Plan is a working document and should therefore be periodically
reviewed and updated to reflect the changing priorities and needs of the City of Danville.
Over the next 20 years many variables will influence growth and development that could
necessitate additions, deletions or modifications to these recommendations.
Recommendations for each of the respective plan elements are described below.

Policies are generalized statements of position that provide direction for actions in
support of goals and objectives.

Actions represent programs and practices that the City and community should
employ to implement this plan.

Land Use and Development

Prohibit scattered " leapfrog" development on the perimeter of the community.

Ensure that the property is annexed to the City before construction on a new
development begins or that an annexation agreement is at least in place.

Ensure that incompatible land uses are adequately screened or buffered.

Encourage development in the form of complete " planned neighborhoods" that

have a mixture of areas in which citizens can live, work and play.

Guide development toward areas that can be served with existing infrastructure
and services.

Support the redevelopment of underutilized land using tax increment financing,

redevelopment loans/ grants, enterprise zone benefits, zoning incentives and
marketing.

Require annexation as a condition of connecting to the City sewer system for new
developments adjacent to the perimeter of the City.

Require the creation and adoption of annexation agreements to ensure

developments built in the city*s unincorporated planning jurisdiction are built to
City codes and standards.
A annexation agreement would specify the type of development approved, what
fees are to be paid by the developer, the timeline for annexation, and state the
responsibilities of both the developer and the City regarding off -site
improvements.

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Guide future development to areas within the Danville District # 118 School
District boundaries so that the taxes are reinvested into the community.

Require a minimum percentage of "green" area on a lot, expressed as a minimum

open space ratio, in all future developments.

Ensure that future subsidized housing is developed at lower densities across

scattered sites.

Require donation of land for parks and schools as part of the plat process for
larger subdivision developments.

Pursue acquisition of vacant and abandoned property as it becomes available in

order to deliver the property into appropriate hands for redevelopment/ reuse.

Prohibit the placement of mobile homes, as defined by HUD, within established

residential neighborhoods.

Annex any unincorporated developments that are contiguous to the City and that
have been previously developed at urban densities. Annexing these urban
developments into the city is appropriate because they were allowed to develop at
urban densities on the edge of the community when they should have been
developed within the City. If these developments are not annexed then these
developments could hamper the future growth of the community in that area.

Form a non- profit redevelopment commission to undertake redevelopment in the

city. It is important that a non-profit commission be in charge of redevelopment
because a non- profit will have a much easier go of land acquisition and assembly
than a public body could expect to have.

Perform a survey of existing land uses within the City and the one & one- half
mile planning jurisdiction at least every 5 years. An updated inventory of existing
land uses will assist in the formulation of individual area plans and studies as well
as in zoning enforcement and the future revision of the Comprehensive Plan.

Establish distinct location standards -for mobile homes and manufactured housing.
Mobile homes, as defined by HUD guidelines, should only be located in mobile
home parks developed as planned unit developments or exclusive mobile home
subdivisions. Manufactured homes should be allowed in established residential
neighborhoods in need of general reinvestment, provided an acceptable level of
architectural compatibility is met.

Establish specific location standards for multi -family housing development. -

Multi -family housing developments are those in which more than two dwellings

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units occupy the same structure. Ideally, mufti -family housing should be located
where access can be provided from either arterial or collector streets.

Review and revise requirements pertaining to landscaping and buffering to create

more effective standards for commercial uses adjacent to residential uses and
along major roadways.

Pursue an agreement with the County Trustee to transfer County Trustee held
property to the City in exchange for the maintenance of the County 'Trustee
properties. This would further neighborhood revitalization efforts by getting
vacant and underutilized property into the City' s possession so that it can be
redeveloped.

Pursue the full- scale redevelopment of the areas identified in the Land Use
Development chapter of this Plan. The redevelopment of these areas will involve
multiple steps and a significant amount of time and would probably best be
accomplished in phases. While the City will likely have to make commitments up
front, private interests would. ideally carry out the majority of the redevelopment
activity.

Draft and adopt a set of annexation policies to outline the city' s position on
annexations and to assist in expediting the annexation process. Once adopted, this
annexation document would serve as a guide in determining the appropriateness
of annexing future developments.

Determine the feasibility of instituting impact fees on new " greenfield"

developments. Impact fees would be payments made by the developer/ property
owner to the City for the long- term maintenance and upkeep of infrastructure
constructed as part of a new development. This would ensure that new
development pays for itself rather than the rest of the City paying, for the new
development.

Inventory potential infill development sites and develop an irifill development

program to return the identified vacant lots to productive urban use.

Revise Current codes and regulations to facilitate infill development. This could
include decreasing required minimum lot widths and setbacks in certain zoning
districts.

Develop an incentive package to entice infill development., The incentives

offered in this package should make redeveloping a site within the city more cost-
effective than developing a site for the same purpose on the perimeter of the City.

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Conduct a cost/ benefit analysis on the areas identified as " areas to annex" in the
Land Use Development chapter of this Plan and annex those properties that are
found to have a net benefit to the City from being annexed.

Neighborhoods

Promote the creation of upper story residential development throughout the

Downtown area.

Support the use of the Downtown area for special events and community
activities.

Encourage the formation of public/ private partnerships to foster development in

the Downtown area.

Promote the established neighborhoods close to downtown as attractive places to

live.

Promote the rehabilitation and reuse of existing structures.

Encourage private investment in older properties and established neighborhoods.

Ensure appropriate zoning is in place within established neighborhoods to help

foster the overall goals for each unique neighborhood.

Work with established neighborhood groups to increase communication and

advocacy.

Provide financial support for neighborhood clean-up programs.

Encourage a broad range of housing types and densities so that housing choices
are available to all residents.

Target grant finds and community development programs to areas where

substandard housing is prevalent.

Employ a pro -active approach to the enforcement of property maintenance codes.

Support DDI in the continued revitalization of the Downtown area including with
the monitoring of the progress towards the implementation of the Downtown
Plan.

Work with Renaissance Initiative in coordinating the ongoing neighborhood

revitalization/ reinvestment efforts of this organization.

Final Plan
62
 2005- 2006

Comprehensive

Plan Update
Recommendations

Maintain elaborate gateways at the major entry points into the community to help
give visitors a good first impression of the community.

Perform a complete structural conditions survey of all housing throughout the

entire city at least once a decade. The data from this survey will be useful in
analyzing the amount of reinvestment going into specific neighborhoods as well
as provide guidance on where to focus neighborhood revitalization and
redevelopment efforts.

Assist DDI with the periodical revising and updating of the Downtown Plan. The
Downtown Plan was last revised in 2003. This plan will need to be updated again
in the next couple of years. The City should work with DDI in updating the area
plan for the Downtown to ensure that the City' s overall goals and objectives for
the Downtown area are included in the revised Downtown. Plan.

Expand the Renaissance Initiative program into other neighborhoods around the
Downtown. Building upon the success of the existing Renaissance area the City
and Renaissance Initiative should move to identify and target other neighborhoods
in the vicinity of the Downtown for revitalization/ reinvestment within the mold of
the Renaissance Initiative program.

Develop a neighborhood level approach to planning & neighborhood

revitalization. This could be accomplished by instituting a neighborhood wellness
initiative to gauge the health of neighborhoods, in which neighborhoods are
periodically assessed and then graded on their level of improvement in regards to
the appearance and livability of each particular neighborhood.

Develop educational tools to help neighborhood organizations to understand and

manage common neighborhood issues.

Develop a common forum for neighborhood associations to discuss and consider

issues facing their neighborhoods. This form maybe in the form of a
neighborhood commission, with persons representing each neighborhood
association ejected/ appointed to this board. This commission could then provide
non -binding recommendations to. City officials and staff concerning neighborhood
issues and community development projects.

Economic Development

Encourage efforts to prornote, publici-

multiple parties.

Utilize tax increment financing, ente

to redevelop: existing areas of the commun' . _ _ --
growth.

Finai Plan
63
 2005- 2006

Comprehensive

Plan Update
Recommendations

Support private, noa- profit organizations by providing technical assistance and

targeted financial investment.

Coordinate with regional efforts to help market Danville for business and
industrial development that will benefit not only the City but also the region.

Capitalize on tourism opportunities by emphasizing the unique historical, cultural

and natural features of the area.

Encourage business participation in. local, non- profit business groups.

Provide assistance to Vermilion Advantage in recruiting new business and

industry to Danville.

Expand infrastructure to areas considered vital to economic development.

Market the Danville community and the Danville area to non-residents,

particularly retirees, as a nice place in which to live. The affordability, small. -
town feel, rich heritage and available amenities are all prospective draws for
persons wishing to pursue retirement or explore a change of pace in their lives.

Continue to implement the Western Gateway and Midtown TIF District

redevelopment plans to generate additional private investment and development
within these targeted areas.

Inventory potential brownfield sites and develop a program to return brownfield

sites to productive use. This program should set guidelines and timetables for site
cleanup and site preparation and could be designed where a combination of public
private dollars cover the cost of the cleanup and site preparation to get the site
back on the market.

Develop a new industrial park on the far East side of Danville. Once a specific
area is chosen the property would need to be acquired or under option. The
availability of incentives would need to be investigated to pay to construct the
infrastructure and prepare the area for development as a new industrial park.
Infrastructure would then need to actually be extended into the new park to make
it development ready.

Investigate the feasibility of crossing the state line into Indiana to open additional
lands for industrial development. If lands cannot be acquired on the Illinois side
of the state line then sites across the state line in Indiana should be pursued. The
feasibility of doing this may .ultimately depend on whether Vennilion County, IN, - -
or the State of Indiana would be interested in cost sharing for this endeavor.

Final Plan

64
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Comprehensive

Plan Update
Recommendations

Transportation

Support the policies and recommendations of the Metropolitan Planning

Organization' s Long Range Transportation Plan as they relate to the jurisdiction
of the City of Danville.

Ensure adequate transportation connections, including high levels of street

connectivity, are provided in new developments.

Support transportation projects that maintain or enhance the economic vitality of

the region.

Encourage future development designs that reduce the dependency on

automobiles.

Ensure that new developments are adequately served with public transportation.

Ensure safe pedestrian connections are present in all of the community' s

neighborhoods.

Ensure that land use and transportation are considered in tandem for all
community development projects.

Maintain a hierarchical classification system for the public roadway system.

Reduce the number of curb cuts along Route 1.

Encourage the development of frontage roads in developments along the major

arterial streets, particularly Route 1.

Pursue traffic calming controls on local streets with heavy traffic in existing
residential neighborhoods to minimize the negative impacts caused by this traffic.

Decrease the amount of truck traffic on local streets in residential neighborhoods.

Pursue the development of the Beltline on the East side of Danville to provide an
alternative North -South connection and to open new lands for economic
development purposes. This roadway would also improve access to the
Vermilion County Airport, which could encourage additional use and growth of
that facility.

Collect traffic counts at least bi- yearly in and around Danville to monitor changes
in traffic patterns. Current traffic counts will assist in reducing traffic congestion
and traffic accidents and help the City plan for future roadway improvements.

Final Plan
65
 2005- 2006

Comprehensive

Plan Update
Recommendations

Create and implement access management guidelines along arterial streets to limit
traffic congestion and improve traffic flow. The specific areas in which to pursue
access management will first need to be determined. Once adopted, the
guidelines would then become part of the City' s development codes.

Infrastructure

Ensure infrastructure is repaired and replaced in a timely manner

Extend infrastructure and services in a coordinated fashion to encourage compact

growth.

Encourage coordinated area development efforts that allow several

landowners/ developers to share the expense of utility extension.

Work with the various private utility companies to ensure uninterrupted service to
the community.

Ensure effective detention is provided of all rainfall events up to and including the
100- year rainfall.

Maintain public alleys in the City that are still functional and vacate alleys that are
no longer functional.

Maintain sidewalks around: the community, replacing those sidewalks that become
significantly deteriorated.

Require sidewalks to be installed in all new developments and within redeveloped

areas.

Extend municipal infrastructure only for economic development purposes.

Construct sidewalks along all arterial and collector streets that currently lack
sidewalks. Sidewalks along all arterial and collector streets would encourage
bicycle and pedestrian activity as well as simplify access to the mass transit
system.

Maintain an updated inventory of all existing municipal infrastructure systems

throughout the City - This inventory should include the condition, age, expected
life, and replacement costs of each_piece_of infrastructure. Aninventoryof existing
infrastructure will assist in determining the maximum capacities of the infrastructure
and whether or not proposed developments would overburden the infrastructure.
Final

Plan 66
 zo 6

Comprehensive

Plan Update
Recommendations

Create an infrastructure improvement program for City maintained infrastructure

that addresses replacement cycles, funding sources and the scheduling of
improvements.

Community Heritage/ Urban Design'

Encourage public/ private partnerships to preserve and restore historic

structures/ sites.

Recognize public and private efforts to preserve the city' s cultural, social,
economic and architectural history.

Promote the rehabilitation and reuse of existing historic structures rather than the
construction of new structures.

Support community events and activities that bring community residents together.

Encourage the development of cultural organizations and events.

Encourage the use of traditional neighborhood design principles in

redevelopments as an alternative to conventional suburban development patters.

Ensure that attractive designs and building materials are used in housing
rehabilitations and in new construction.

Require the use of an appropriate amount of landscaping and ornamentation in all

developments.

Ensure that property maintenance codes are strictly enforced.

Promote the beautification of Danville through both public and private

developments.

Identify areas where streetscaping enhancements would be appropriate for

improving the appearance and functionality of an area. Streetscaping
enhancements such as planters, benches and decorative lights will typically have
the most impact in areas of high pedestrian activity.

Identify significant historic resources and ways to protect those resources. All
resources that have some importance to the history of the community should be
inventoried and preservation efforts should be concentrated on these resources.

Create and adopt a set of design guidelines to establish standards for the design of
new infill developments and to preserve the design of historical -structures and

Final Plan

67
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Comprehensive

Plan Update
Recommendations

integrity of neighborhoods. The design guidelines would spell what architectural

styles and types of materials can be used in the design of infill development.

Environment

Limit non- residential development in the Lake Vermilion Watershed to safeguard

the community' s water supply from contamination.

Restrict intensive urban development along waterways, particularly within the

flood plain, and in areas of steep slopes.

Ensure that significant natural resources are preserved when new urban
developments are constructed.

Require all storm water runoff originating on a non- residential property to be

contained to the property.

Prevent unsewered development from locating within the Lake Vermilion

watershed.

Prohibit development from locating in those areas within the 100- year floodplain.

Discourage development that would result in excessive environmental

contamination or deterioration.

Create an inventory of environmentally sensitive resource areas within the City

and the City' s planning jurisdiction to assist in determining appropriate areas for
future development. Specific resources to chart may include wetlands and stream
corridors.

Community Facilities

Ensure that all residences are within reasonable walking distance of a public park
or recreation area.

Require trail and park linkages to be incorporated into the design of new
developments.

Review the impacts of potential developments on the provision of municipal

services and assure that municipal services can be extended to adequately serve
newly annexed or developed areas.

Guide new development to areas where adequate police and fire protection and
other services are already available.

Final Plan
68
 2005- 2006

Comprehensive

Plan Update
Recommendations

Ensure accessibility of all new developments to emergency vehicles.

Support District 118 in its efforts to provide and maintain a high quality public
education for all students in the Danville school system.

Develop a network of trails/ multi- use paths to connect the community' s parks and
open areas. In developing this network attempt to utilize vacated railways for
conversion to trails. A well- defined network of trails would advance the quality
of life in the community and promote healthier lifestyles for the residents of the
community.

Intergovernmental Cooperation

Cooperate in the intergovernmental review of regionally significant development

projects.

A Collaborate with the Illinois Department of Transportation on the design and

building of future transportation improvements.

Work with the Vermilion County Conservation District in providing

environmental education and access linkages to the county conservation areas.

Collaborate with the Danville Housing Authority in the oversight of the

subsidized housing system.

Encourage the cooperative formulation of long range plans by other governmental

entities.

Investigate the potential for cooperation/ revenue sharing with Tilton in attracting
development to the Interstate area. Both the, City of Danville and the Village of
Tilton are currently pursuing the development of the interstate area. While
limiting factors such as the presence of existing development are hampering these
efforts, if the two municipalities work together then possibly retail establishments
and developers may find the area more appealing to locate to.

Create and adopt boundary agreements with the Villages of Tilton & Bismarck
that would define which municipality has juri.sdietion over what territory in the
niture. With boundary agreements in. place future jurisdictional conflicts should
be minimized.

Final Plar.
69
2016 Comprehensive

Plan

Update Recommendations
Final

Plan 70
 2005- 2006

Comprehensive

Plan Update
Implementation

IX. IMPLEMENTATION

Introduction

This implementation chapter prioritizes the activities and actions presented in the
Comprehensive Plan and identifies timelines and responsible parties for carrying out
those recommendations. Creating or modifying City ordinances, such as the zoning
ordinance or subdivision ordinance, is the primary way in which the policy
recommendations can be implemented. Other specific actions can be implemented
through a combination of special studies, area plans, and coordination.

Timeline

Identifies if the implementation item should occur in the immediate term ( 1- 2 years),
intermediate term ( 2- 5 years) or long term ( more than 5 years) or if the item will be
ongoing.

Responsible Parties

Lists the City department or other agencies or groups that would be responsible for
accomplishing the implementation item.

Revise the current Zoning Ordinance where the ordinance Immediate Public Development

contradicts the goals, objectives and recommendations of this Term Zoning Commission
Comprehensive Plan.

Initiate changes in zoning classifications on the Official Zoning Immediate Public Development

Map where existing zoning is determined to significantly Zoning Commission

contradict the goals, objectives, policies and Future Land Use
Map of this Comprehensive Plan.

Review the current subdivision regulations and initiate changes Immediate Public Development

to these regulations where they contradict with the intent of this Public Works

Comprehensive Plan.

Create an annexation plan for annexing property into the City. Immediate Public Development

Perform a corridor study on the East Main Street corridor to Immediate Public Development

determine how the area should be redeveloped and what steps Neighborhood Assoc.

should be taken to redevelop/ revitalize this area. Landowners

Final Plan
71
 2005- 2006

Comprehensive

Plan Update
Implementation

Create an overall redevelopment and revitalization plan for the Immediate. Public Development

City of Danville that will describe what areas will be targeted I

for redevelopment vs being revitalized and when specific areas

will be addressed.

Investigate the feasibility of creating a non- profit Immediate Public Development

redevelopment commission to redevelop targeted areas by Mayor, City Council

acquiring property and attracting developers.

Inventory potential infill development sites. Immediate Public Development

Create and market an irfill development incentive program, Immediate Public Development

Conduct a costibenefit analysis

Y stud Y on prospective
p p Immediate Public Development
p
annexation areas. Public Works

Annex all existing developments that are identified as being Ongoing Mayor & City Council
beneficial to annex.

Initiate the development of a common forum for neighborhood Immediate Public Development

associations to give input on issues within neighborhoods. Neighborhood Assoc.

Identify a second neighborhood for the Renaissance Initiative Immediate Renaissance

program. Public Development

Identify an area and acquire land for the development of a Immediate Vermilion Advantage

new industrial park. Public Development

Complete the Beltline Feasibility Study and acquire Immediate Vermilion Advantage

right-of-way for the future construction of the Beltline. I Public Works

IDOT

Create and institute access management guidelines. Immediate Public Works

DATS

IDOT

Inventory existing municipal infrastructure. Immediate Public Works

Work with 'Tilton to attract development to the South Gilbert Immediate I Mayor & City Council
Street/ I- 74 interchange area. Tilton

Final Plan
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 2005- 2006

Comprehensive

Plan Update Implementation

Review and where applicable revise the Stormwater Intermediate Public Development

Management Ordinance to apply the goals, objectives and

policies of this Comprehensive Plan.

Revise requirements in the Danville Landscaping Ordinance Intermediate Public Development

pertaining to landscaping and screening to create more

effective

standards for commercial uses adjacent to residential structures

and along roadways.

Produce a redevelopment plan for the South Gilbert Intermediate Public Development

St./ I- 74 interchange area and develop incentives to spur Term

regional retail development in the vicinity of this interchange.

Revise and update the Downtown Plan. Intermediate Public Development

DDI

Study the use of impact fees and determine whether or not the Intermediate Public Development

City should institute impact fees on new development.

Inventory housing structure conditions in the City. Intermediate Public Development

Institute a neighborhood wellness initiative for Danville' s Intermediate Public Development

residential neighborhoods.

Create a brownfield redevelopment program. Intermediate Public Development

Institute an infrastructure improvement program. Intermediate Mayor & City Council

Public Works

Identify areas where streetscaping enhancements would be Intermediate Public Development

appropriate within the City. Public Works

Survey historic resources around the community. Intermediate Public Development

Historic Preservation
Corn

Create an inventory of environmentally sensitive areas Intermediate Public Development

within the City.

Final Plan
73
 2005- 2006

Comprehensive

Plan Update
Implementation

Develop a bikeways and trails plan for the future development Intermediate Public Development

of a bikeway and trail network. Public Works

DATS

Secure jurisdictional development agreements with Intermediate Mayor & City Council
surrounding communities. Other Municipalities

Create an updated inventory of existing land uses within the Long Term Public Development

City's entire planning jurisdiction.

Review and update this Comprehensive Plan to Long Term Mayor & City Council
address changing circumstances and to evaluate Public Development

the progress of plan implementation.

Final Plan
74
i
 EFILED
12/ 11/ 2020 8: 15 PM
Melissa Quick
Clerk of the Circuit Court
Vermilion County, Illinois

EXHIBIT B
ANV
ILLIN r
 Contents
GENERALPROVISIONS...................................................................................................................... 5

150. 001 TITLE AND PURPOSE.................................................................................................................. 5

150. 002 AUTHORITY.................................................................................................................................. 5

150. 003 APPLICATION OF ORDINANCE................................................................................................... 6

150. 004 INTERPRETATION........................................................................................................................ 6

150. 005 RULES OF CONSTRUCTION....................................................................................................... 7

150. 006 SEVERABILITY.............................................................................................................................. 7

150. 007 CONTINUATION AND EFFECTIVE DATE................................................................................... 7

DEFINITIONS........................................................................................................................................ 8

150. 010 DEFINITIONS................................................................................................................................ 8

ZONING DISTRICTS AND MAP......................................................................................................... 19

150. 014 ESTABLISHMENT OF ZONING DISTRICTS.............................................................................. 19

150. 015 INTENT AND PURPOSE OF ZONING DISTRICTS.................................................................... 20

150. 016 ZONING MAP.............................................................................................................................. 22

150. 017 INTERPRETATION OF DISTRICT BOUNDARIES..................................................................... 22

150. 018 AREA OF JURISDICTION..... ................................................................................ 23

150. 019 CLASSIFICATION OF TERRITORY RESULTING FROM ANNEXATION.................................. 23

DISTRICT REGULATIONS................................................................................................................. 23

150. 020 DISTRICT USE REGULATIONS................................................................................................. 23

150. 021 DISTRICT AREA AND BULK REGULATIONS............................................................................ 24

150. 022 BUSINESSES IN THE B- I DISTRICT.......................................................................................... 24

150. 023 SUPPLEMENTAL REGULATIONS FOR THE R- 3 DISTRICT.................................................... 24

SUPPLEMENTARY USE REGULATIONS......................................................................................... 25

150. 030 ACCESSORY BUILDINGS, STRUCTURES, AND USES........................................................... 25

150. 031 HOME OCCUPATIONS............................................................................................................... 28

150. 032 TEMPORARY USES.................................................................................................................... 29

150. 033 DWELLING STANDARDS........................................................................................................... 30

150, 034 CONVERSION OF DWELLINGS................................................................................................ 30

150. 035 ADULT USE BUSINESSES......................................................................................................... 30

150. 036 DRIVE- IN THEATERS................................................................................................................. 31

150. 037 JUNKYARDS........................................................ ........ ............................................................... 31

150. 038 ANIMAL KENNELS ...................................................................................................................... 31

150. 039 MANUFACTURED HOUSING..................................................................................................... 32

150. 040 MOBILE HOME PARKS.............................................................................................................. 32

150. 041 NURSING HOMES...................................................................................................................... 33

150. 042 PLANT NURSERIES AND GREENHOUSES.............................................................................. 33

1
 150. 043 PUBLIC BUILDINGS.................................................................................................................... 34

150. 044 PUBLIC UTILITY STATIONS, EXCHANGES, ESSENTIAL SERVICES ..................................... 34

150. 045 SERVICE STATIONS/ CONVENIENCE CENTERS WITH FUEL PUMPS.................................. 34

150. 046 SOLID WASTE LANDFILLS... ..................................................................................................... 35

150. 047 TELECOMMUNICATION TOWERS............................................................................................ 35

SUPPLEMENTARY DEVELOPMENT REGULATIONS..................................................................... 36

150. 060 LOT REQUIREMENTS................................................................................................................ 36

150. 061 YARDS AND SETBACK REQUIREMENTS................................................................................ 37

150. 062 PROJECTIONS AND ENCROACHMENTS IN YARDS.............................................................. 38

150. 063 BUILDING HEIGHT REQUIREMENTS....................................................................................... 38

150. 064 OFF- STREET PARKING............................................................................................................. 39

150. 065 OFF- STREET LOADING.............................................................................................................. 41

150. 066 ACCESS DRIVES........................................................................................................................ 42

150. 067 LANDSCAPING........................................................................................................................... 43

150. 068 SCREENING................................................................................................................................ 45

150. 069 LIGHTING.................................................................................................................................... 47

150. 070 EROSION CONTROL. ..................................... ........................................... __ 48

150. 071 FLOOD HAZARD AREAS............................................................................................................. 48

150. 072 STORMWATER MANAGEMENT................................................................................................ 48

150. 073 DEVELOPMENT ALONG BOWMAN AVE AND WEST NEWELL ROAD................................... 49

150. 074 DEVELOPMENT IN THE LAKE VERMILION WATERSHED...................................................... 49

SIGNS.................................................................................................................................................. 49

150. 100 GENERAL PROVISIONS............................................................................................................ 49

150, 101 PROHIBITED SIGNS................................................................................................................... 50

150. 102 EXEMPT SIGNS.......................................................................................................................... 51

150. 103 PERMITS..................................................................................................................................... 51

150. 104 FREESTANDING SIGNS............................................................................................................. 52

150. 105 WALL SIGNS. . ......................................................................... ............... ............... 52

150. 106 ROOF SIGNS............................................................................................................................... 52

150. 107 PROJECTING SIGNS.................................................................................................................. 53

150. 108 AWNING AND CANOPY SIGN.................................................................................................. 53

150. 109 MISCELLANEOUS SIGNS:......................................................................................................... 53

150. 110 OUTDOOR ADVERTISING SIGNS/ BILLBOARDS. . ................................................................... 53

150. 111 SIGNS IN RESIDENTIAL ZONING DISTRICTS . ............ ............................................................ 54:- _

150. 112 ANIMATED/ ILLUMINATED SIGNS............................................................................................. 54

150. 113 TEMPORARY SIGNS................................................................................................................... 55

150. 114 NONCONFORMING SIGNS ...... .................................................................... .............................. 56-_

2
 150. 115 SIGN AREA AND BULK STANDARDS....................................................................................... 56

PLANNED UNIT DEVELOPMENTS ........................ .............................. ........................................ 59

150. 120 GENERAL PROVISIONS............................................................................................................ 59

150. 121 DEVELOPMENT STANDARDS................................................................................................... 60

150. 122 APPLICATION AND REVIEW PROCEDURES. ............................................................... 61

150. 123 FINDINGS., ..................................... ............. ............. .............................................. 64

150. 124 CHANGES SUBSEQUENT TO APPROVAL............................................................................... 64

150. 125 EXPIRATION AND TERMINATION............................................................................................. 64

150. 126 REQUIRED DOCUMENTS AND BONDS................................................................................... 65

SPECIALUSE PERMITS.................................................................................................................... 65

150. 130 GENERAL PROVISIONS............................................................................................................ 65

150. 131 APPLICATION AND REVIEW PROCEDURES.......................................................................... 65

150. 132 FINDINGS AND DETERMINATION . ................................ ......... :............................. 66

150. 133 CHANGES SUBSEQUENT TO APPROVAL.... ...... ............................... .................................... 68

150. 134 EXPIRATION AND REVOCATION... .............................................................................. 68

COMMUNITY DESIGN REGULATIONS ............................... -............................................ 69

150. 140 GENERAL PROVISIONS............................................................................................................ 69

150. 141 GENERAL BUILDING DESIGN STANDARDS............................................................................ 69

150. 142 MANUFACTURED HOUSING DESIGN STANDARDS............................................................... 70

150. 143 MANUFACTURED HOUSING DESIGN REVIEW PROCEDURES............................................ 70

150. 144 BUILDING DESIGN STANDARDS IN THE R- 3 DISTRICT..... .................................... 71

150. 145 DESIGN REVIEW PROCEDURES IN THE R- 3 DISTRICT.................................... 7...................

72

NONCONFORMITIES......................................................................................................................... 73

150. 150 GENERAL PROVISIONS............................................................................................................ 73

150. 151 CHANGE OF USE........................................................................................................................ 74

150. 152 ADDITIONS OR EXPANSIONS.................................................................................................... 74

150. 153 ALTERATIONS, REPAIRS, AND MAINTENANCE..................................................................... 74

150. 154 DISCONTINUANCE AND ABANDONMENT.... ........................................................................ 74

150. 155 DAMAGE OR DESTRUCTION.................................................................................................... 74

VARIATIONS....................................................................................................................................... 75

150. 160 GENERAL PROVISIONS............................................................................................................ 75

150. 161 PROCEDURES FOR MINOR VARIANCES . ................ ................. ........................................... 75

150. 162 PROCEDURES FOR MAJOR VARIANCES............................................................................... 76

150. 163 FINDINGS AND DETERMINATION............................................................................................ 77

AMENDMENTS................................................................................................................................... 78

150. 170 GENERAL PROVISIONS............................................................................................................ 78

150. 171 PROCEDURES FOR AMENDMENTS INITIATED BY THE CITY.............................................. 78

3
150. 172 PROCEDURES FOR AMENDMENTS INITIATED BY OTHERS ................................................ 78

150. 173 FINDINGS AND DETERMINATION............................................................................................ 79

150. 174 ANNEXATION AGREEMENTS................................................................................................... 80

ADMINISTRATION AND ENFORCEMENT........................................................................................ 81

150. 180 ZONING ADMINISTRATOR . ....... ......... ...:....... :......................... ............................. 81

150. 181 PLANNING AND ZONING COMMISSION.................................................................................. 81

150. 182 ZONING BOARD OF APPEALS.................................................................................................. 81

150. 183 CITY COUNCIL............................................................................................................................ 82

150. 184 CONSTRUCTION PERMITS....................................................................................................... 82

150. 185 SITE PLAN REVIEW.................................................................................................................... 83

150. 186 CERTIFICATE OF OCCUPANCY............................................................................................... 84

150. 187 ZONING COMPLIANCE LETTER............................................................................................... 84

150. 188 APPEALS..................................................................................................................................... 84

150. 189 FEES............................................................................................................................................ 85

150. 190 VIOLATIONS................................................................................................................................ 85

150. 999 PENALTIES................................................................................................................................. 87

APPENDIX A: TABLE OF USES........................................................................................................ 87

TABLE IV - 1. TABLE OF USES................................................................................................................ 87

APPENDIX B: TABLE OF DISTRICT AREA AND BULK REGULATIONS........................................ 95

TABLE IV- 2. DISTRICT AREA AND BULK REGULATIONS..................................................................... 95

APPENDIX C: ILLUSTRATIONS........................................................................................................ 96

4
 GENERAL PROVISIONS

150. 001 TITLE AND PURPOSE.

A)
These provisions shall be known and may be cited as the Zoning Ordinance of the City of Danville, and
is herein referred to as " this chapter".

B) It is the general purpose and intent of this chapter to foster the use and development of land in an
orderly manner in accordance with the goals, objectives and policies of the City of Danville' s
Comprehensive Plan. In addition to this general purpose and intent, this chapter is specifically intended:
1) To promote and protect the public health, safety, morals, comfort, and general welfare;
2) To provide adequate light, air, privacy, and safety;
3)
To conserve the assessed value of land and buildings throughout the city's zoning jurisdiction;
4) To limit congestion in the public streets, and provide for the off- street parking of motor vehicles, and
the loading and unloading of commercial vehicles;
5) To protect against fire, explosion, noxious fumes, and other dangers;

6) To regulate the use and bulk of buildings and structures in relation to the land surrounding them;
7)
To establish and regulate building setback lines along any public street or alley;
8) To regulate the intensity of use of lot areas and to determine the area of open spaces surrounding
buildings;

9) To protect the character and stability of residential, business, and manufacturing areas within the
city' s zoning jurisdiction;

10) To divide the city and the area within one and one- half miles of the city limits into zones or districts
restricting and regulating therein the location, erection, construction, reconstruction, alteration, and use of
buildings, structures, and land;

11) To fix reasonable standards to which buildings, structures and uses shall conform;

12)
To prohibit uses, buildings, or structures incompatible with the character of specified zoning districts;
13)
To prevent additions to, or alteration or remodeling of, existing buildings or structures in such a way
as to avoid the restrictions and limitations imposed here under;

14) To protect storm or flood water run- off channels, and lessen or: avoid the hazards to persons and
damage to property resulting from the accumulation or run- off of storm or flood waters;
15) To generally enhance the aesthetic quality of the community and encourage the development of
buildings and neighborhoods of distinguished architectural character and appearance;

16) To provide for the elimination of nonconforming uses or land, buildings, and structures which are
adversely affecting the character and value of other development;

17) To define and limit the powers and duties of the administrative officer --
herein.

Ord. 8612, passed 12- 2- 08)

150. 002 AUTHORITY.

This chapter is enacted pursuant to the authority granted by ILCS Chapter 65 and Article III, Section 6 of t4e-
Illinois Constitution of 1970. Statutory references are provided within this chapter solely as a means of - _
 assisting the reader. Such references are not to be considered as all inclusive and shall in no manner be
construed so as to limit the application or interpretation of this chapter.

Ord. 8612, passed 12- 2- 08)

150. 003 APPLICATION OF ORDINANCE.

The provisions of this chapter shall apply to all lots, uses, buildings, and structures, or portions thereof, as
specified herein.

A) Use of Buildings and Land. No building, structure, or premises shall be used or occupied, and no
buildings or parts thereof or other structure shall be erected, raised, moved, placed, reconstructed,
extended, enlarged, or altered, unless in conformity with the regulations herein specified for the zoning
district in which it is located, and as otherwise regulated herein, except as otherwise specifically provided
for by this chapter.

B) Bulk of Buildings. No building, structure, or premises shall be erected, altered, or used sous to
produce greater heights, smaller yards, or less unoccupied area, and no building shall be occupied by
more families or persons than prescribed for such buildings, structure, or premises, for the district in
which it is located and as otherwise regulated herein, except as otherwise specifically provided for by this
chapter.

C)
Mixed/ Multiple Use. In cases of mixed -occupancy or multi -use, the regulations for each use shall apply
to the portion of the structure or property so occupied or so used.
D) Existing Development. To the extent that a building, structure or use not lawfully existing at the time of
adoption of this chapter is not in compliance with the requirements of this chapter, said building, structure
or use shall remain unlawful hereunder.

Ord. 8612, passed 12- 2- 08)

150. 004 INTERPRETATION.

A) Minimum Regulations. The regulations set by this chapter shall be held to be the minimum
requirements deemed necessary for the promotion of the public health, safety, morals and welfare and
shall apply uniformly to all lots, uses, buildings, and structures, or portions thereof, except as hereinafter
provided.

B) Existing Restrictions. Where this chapter imposes a greater restriction upon land, buildings, or
structures than is imposed or required by existing provisions of law_ ordinance,
, contract, or deed, the
provisions of this chapter shall govern.
C) Relationship with Other Laws. Wherever the requirements of this chapter vary with the provisions in
another part of the Municipal Code, the most restrictive or higher standards, shall govern.
D)
Uses Not Specifically Permitted. Uses, other than those uses specified as permitted, shall be expressly
prohibited, except when it is determined by the Zoning Administrator, that a proposed use is similar in
nature to a use specified as a permitted or special use in the appropriate section of this chapter.
Unspecified uses may be added to the list of specified uses by amendment to this chapter.
E) Open Spaces. No yard, court, or open space, or part thereof, shall be included as a part of the yard,
court, or open space similarly required for any other buildings, structure, or dwelling, except as otherwise
specifically provided for by this chapter.

F)
Existing permits. This chapter -is not intended to abrogate or annul any building permits, certificates of
occupancy, variances, or other lawful permits issued before the effective date of this chapter.

G)
Completion permitted. Any building or structure for which a building permit has been issued prior to the
date of enactment of this chapter may be completed and used in accordance with the plans, --

0
 specifications, and permits on which that building permit was granted, provided construction commences
within 180 days of passage of this chapter and is diligently prosecuted to completion.
H) Measurements. All measured distances shall be to the nearest integral foot and if a fraction is one- half
z) foot or more the integral foot next above shall be taken.

1) General Interpretations. As part of the. administration and enforcement of this chapter certain words,
provisions and requirements will occasionally have to be interpreted in regards to their applicability to
situations under consideration, or in general. The Zoning Administrator shall have the authority to make
such interpretations. Interpretations shall be made in writing and included in a file for further reference.
Appeals of the Zoning Administrator' s interpretation( s) may be made to the Zoning Board of Appeals by
the party directly affected.

Ord. 8612, passed 12- 2- 08)

150. 005 RULES OF CONSTRUCTION.

The language set forth in this chapter shall be interpreted in accordance with the following rules of
construction, unless the context clearly requires a different construction:

A) The singular includes the plural and the plural the singular.

B) The present tense includes the past and the future and the future includes the present.
C) The word " shall" is mandatory, while the word " may" is permissive.
D) Terms connotating a particular gender shall include each and every gender.
E) The word " lot" shall include the words " plot", " piece", and " parcel".
F) The phrase " used for" shall include the phrases " arranged for", " designed for", " intended for", " occupied
for", and " maintained for".

G) The term " city" shall refer to and be interpreted to mean the City of Danville. Illinois, and that portion of
the area within one and one- half miles of the city limits that the City designates for inclusion within its area
of zoning jurisdiction.
H) The terms Corporate Authorities, Mayor and Council, City Council and Council all mean the Mayor and
City Council of the City of Danville.

1) The term " Commission" shall refer to the Danville Area Planning and Zoning Commission.

J) Whenever a word or term defined hereinafter appears in the text of this Code its meaning shall be
construed as set forth in the definitions thereof, and any word appearing in the parenthesis between a
word and its definition shall be construed in the same sense as that word.

K) All words and terms not defined herein shall be construed in their generally accepted meanings.

Ord. 8612, passed 12- 2- 08)

150. 006 SEVERABILITY.

If any court of competent jurisdiction shall declare any part of this chapter to be invalid, such ruling shall not
affect any other provisions of this chapter not specifically included in said ruling.
Ord. 8612, passed 12- 2- 08)

150. 007 CONTINUATION AND EFFECTIVE DATE.

A) The provisions of this codification of this chapter shall be construed as a continuation of prior Zoning
Ordinances in effect at the time this chapter was enacted, notwithstanding the repeal of said prior Zoning— --
Ordinances. It is the intention of this chapter to re- enact and continue to enforce such existing provisions

7
 so that all rights, obligations, and responsibilities that have accrued thereunder are preserved and may be
enforced, unless explicitly surrendered by specific provisions of this chapter or altered by the Official
Zoning Map. The adoption of this chapter shall not adversely affect the City's right to prosecute any
violation of the preceding Zoning Ordinance provided the violation occurred while that Ordinance was in
effect.

B) All plans approved under previous zoning regulations shall be valid and may be used to obtain permits
for a period of not more than six months after the effective date of this chapter. This chapter shall become
effective ten days after passage and publication according to law.

DEFINITIONS

1. 50. 010 DEFINITIONS.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or
requires a different meaning.

ABANDONED." Tc have ceased in actively utilizing a building or premise for a specified period of time.

ABUTTING OR ADJOINING." Having a common border with; touching or contiguous.

ACCESS." The means of vehicular or non -vehicular approach, ingress or egress from a property to a
street.

ACCESSORY BUILDING OR STRUCTURE_" A building or structure located on the same lot ( or on a

contiguous lot in the same ownership) as the principal building to which it is related, and which is clearly
incidental to and customarily found in connection with the principal building; and is operated and
maintained for the benefit or convenience of owners, occupants, employees, customers, or visitors of the
lot with the principal building.

ACCESSORY USE." A use which is incidental and subordinate to the principal use of the premises, and
which does not change the basic character thereof as determined by its principal use.

ADJACENT." Lying close to or near, including across an alley or street.

ADMINISTRATIVE REGULATION." Written orders or interpretations issued by the zoning Administrator,

that which comply with the intent and purpose of this chapter.

ADULT USE BUSINESSES." As defined in 127. 02 of the Code of Ordinances.

AGRICULTURE." Land or lands, buildings, and structures, the principal use or uses of which are the
growing of, a farm or garden crop, dairy, pasture, agriculture, horticulture, viticulture, or animal or poultry
husbandry. Includes accessory uses customarily incidental to agricultural activities, including but not
limited to the farm dwelling, dwellings for tenants and full- time hired farm workers, and the dwelling or
living quarters for seasonal workers.

AIRPORT." A tract of laved with facilities for the landing, take -off, shelter, supply, and repair of aircraft; or a
place used regularly for receiving or discharging passengers or cargo by air.
ALLEY." A public access way which affords only a secondary means of access to abutting property and is
not intended for general traffic circulation,

ALTERATION." An installation that becomes an integral - part of the building. and changes its structural
quality; a substantial change therein; varying or changing the form or nature of a building without
destroying its identity.

AMORTIZATION." A method of eliminating non -conforming uses by requiring the termination of such non-
conforming uses after a specified period of time.

f;
APARTMENT." A suite of rooms or a room in a building arranged and intended for a place of residence of
a single family or group of individuals living together as a single housekeeping unit. -- ----

ASSISTED LIVING FACILITY." Afacility housing elderly individuals who, because of their advanced age,
require assistance with the activities of daily living from staff who periodically provide supportive services.

ATTACHED BUILDING." A building attached to another building by a common wall.

AUTOMOBILE PARKING AREAS." A lot or part thereof used for the parking of motor vehicles with or
without the payment of' rent or charges.
AUTOMOBILE REPAIR SERVICE." A building or open area which is, or is intended to be, used for
repairing or equipping automobiles, excluding body repair, painting or engine repair/ replacement
activities.

AUTOMOBILE OR TRAILER SALES AREA." An open area, other than a street, used for the display or
sale of new or used automobiles or trailers, and where no repair work is done except for minor incidental
repair of automobiles or trailers to be displayed and sold on the premises.

AUTOMOBILE SALVAGE YARD." Any place where two or more motor vehicles, not in running condition,
or parts thereof, are stored, and are not being restored to operation. Any land, building, or structure used
for wrecking or storing of such motor vehicles or parts thereof, including any used farm vehicles or farm
machinery or parts thereof, which are not being restored to operating condition; and including the
commercial salvaging of any other goods, articles, or merchandise.

BANNER." A temporary sign composed of a logo or design on a lightweight material either enclosed or not
enclosed in a rigid frame and secured or mounted to allow motion caused by the atmosphere.

BASEMENT." A floor or portion of a building which is beneath the principal story or beneath the surface of
the ground.

BERM." A man- made landform typically built as an earth mound and used as a buffer, screening or
landscaping device.

BLOCK." An area of land bounded by streets, or by public parks, cemeteries, railroads, rights - of -way,
shorelines of waterways, or municipal boundaries.

BOARDING HOUSE" A building, other than a hotel or restaurant, where meals and/ or lodging are provided
to three or more persons but not more than ten, who are not members of the keeper' s family; for
compensation and by prearrangement for definitive periods, and which is not open on a daily, overnight,
or per -meal basis to transient guests.

BUFFER AREA." Land used to visibly separate one use from another. Buffers may include fences, berms,
shrubs, trees, or other natural or human -made structures that will mitigate the impact of the uses on each
other.

BUILDABLE AREAS." The space remaining on a lot after the minimum open space, yard and/ or setback
requirements of this chapter have been complied with -

BUILDING." Any permanently anchored structure built for the shelter or enclosure of persons, animals,
property, or substance of any kind, excluding fences.

BUILDING, PRINCIPAL." A non -accessory building -in which the primary use of the lot on which the
building is located is conducted.

BUILDING, TEMPORARY." Any building not designed or intended to be permanently located at the place
where it is located.

BUILDING HEIGHT." The vertical distance measured from the average elevation of the proposed finished
grade at the front wall of the building, to the highest point of the copings of a flat roof, or to the deck line of
mansard roof, or to the mean height level between eaves and ridge for gable tip or gambrel roof. Where a
 building is located upon a natural terrace or slope, the height may be measured from the average ground
level at the building wall.
BULK." The term used to indicate the size and setback of buildings or structures, and the location of same
with respect to one another. Includes the size and height of building; location of exterior walls at all levels
in relation to lot lines, streets, or to other buildings; and the amount of lot area and lot width provided per
dwelling or dwelling unit.

BULK STORAGE." More than 50 gallons of material in a single above or below ground storage container.
BUSINESS." An occupation, employment, or enterprise that occupies time, attention, labor, and materials;
or where merchandise is exhibited or sold, or where services are offered.

CARPORT." A roofed automobile shelter with one or more open sides.

CAR WASH." A building or portion thereof, where automobiles are washed using production line methods
with a chain conveyor and blower, or steam cleaning or other mechanical devices, or high pressure spray
devices in wash bays.

CHANGEABLE COPY." Sign copy that changes at intervals of more than once every 6 seconds.

CITY ENGINEER." The official of the City of Danville, duly appointed and designated as the City Engineer.

CLINIC." A place used for the care, diagnosis, and treatment of sick, ailing and injured persons, but who
are not provided with room or board nor kept overnight on the premises.

CLUB." A non- profit association of persons who are bona fide members organized for some common
purposes and paying regular dues. Does not include a group organized solely or primarily to render a
service customarily carried on as a commercial enterprise.

COMMUNITY FACILITIES/ SERVICES." Facilities and services provided by a public or quasi -public
authority to improve the quality of life in a given area; such as but not restricted to sanitary sewers, storm
sewers, educational facilities, recreational facilities, cultural facilities, and governmental facilities.

COMPREHENSIVE PLAN." The official plan most recently adopted by the City Council which sets goals,
objectives and policies for guiding the future growth, development and redevelopment of the community.

CONFORMING BUILDING OR STRUCTURE." Any building or structure which complies with all the
regulations of this chapter or of any amendment hereto governing bulk for the zoning district in which the
building or structure is located.

CURRENCY EXCHANGE." A commercial use, which exchanges common currency, sells money orders or
cashiers checks and cashes checks, as its principal business activity. This shall not include a financial
institution.

DAY CARE SCHOOL OR CENTER." An establishment licensed by the State of Illinois providing
specialized group care on a planned regular basis for less than 24 hours per day for more than 12
children at one time in a dwelling, or more than three children at one time in a facility other than a
dwelling.

DENSITY." The number of dwelling ,units per acre of land.

DESIGN STANDARDS." A set of guidelines regarding the architectural -a
improvement which governs the alteration, construction, demolition or relocation of -a building or
improvement.

DEVELOPMENT." Any man- rnade change to improved or unimproved real estate, including, but not limited
to, construction of, or substantial improvements to buildings, structures, roads, utilities or other areas. -

10
 DISABILITY." A physical or mental impairment which substantially limits one or more of a person' s major
life activities, impairs their ability to live independently, or a record of having such an impairment, or being
regarded as having such impairment, not to include use or addiction to a controlled substance.

DRIVE -UP OR DRIVE -THROUGH." The portion of a building designed for and intended to provide sales
and service to patrons while they remain in their vehicles, and including that portion of the premises upon
which vehicles are stacked while they wait for service.

DWELLING." Any building or portion thereof designed, or used exclusively as permanent living quarters.

DWELLING, DETACHED." A dwelling which is not attached to any other dwellings by any means.
DWELLING, COMMON LOT LINE." A dwelling unit that adjoins another dwelling unit at a common lot line
with each dwelling unit being located on its own separate lot.

DWELLING, MULTIPLE -FAMILY." A building consisting of three or more dwelling units.

DWELLING, SINGLE- FAMILY." A building consisting of only one dwelling unit.

DWELLING, TWO- FAMILY." A building consisting of two dwelling units.

DWELLING UNIT." One or more rooms designed for occupancy by or used as separate living quarters for
one family and having its own permanently installed cooking and sanitary facilities.
ESSENTIAL GOVERNMENTAL OR PUBLIC UTILITIES SERVICES." The erection, construction,
alteration, or maintenance by public utilities or municipal departments, of underground or overhead gas,
electrical, steam, or water transmission or distributior systems-, collection, communication, supply, or,
disposal systems, including poles, wire, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes,
police call boxes, traffic signals, hydrants, and other similar equipment and accessories ( but not including
buildings) in connection therewith, reasonably necessary for the furnishing of adequate service by the
public utilities or municipal departments or commissions, for the public health or safety or, general welfare.
EXTRATERRITORIAL AREA OF JURISDICTION." That area outside of the municipal limits wherein the
City may enforce zoning and other development regulations according to the provisions of the State
Statutes.

FAMILY."

1) A single individual living on the premises as a separate housekeeping unit.

2) A collective body of persons living together upon the premises as a separate housekeeping unit with
a domestic relationship based upon birth, marriage, adoption, or employment as domestic servants.
3) Two unrelated persons and any children related to either of them living together on the premises as a
separate housekeeping unit. -

4) A group of not more than three unrelated persons living together on the premises as a separate
housekeeping unit pursuant to a mutual housekeeping agreement ( not including, a group occupying a
boarding or rooming" house; club, fraternity,-- or-hotel).-

FAMILY COMMUNITY RESIDENCE." A single dwelling unit occupied on a relatively permanent basis in a
family environment by a group of no more than eight unrelated persons with' disabilities, plus support staff
either present at the dwelling unit on a 24- hour reside> ts ires- arm-

present at the dwelling.

FAMILY DAY CARE HOME." A dwelling licensed by the State of Illinois which receives more than three, up
to a maximum of 12 children for less than 24 hours per day. The number counted includes the family' s
natural, foster or adopted children and all other persons under the age of 12. The term does not include
facilities which receive only children from a single household.

11
 FENCE." A constructed barrier of any material or combination of materials erected to enclose, screen, or
separate areas.

FLOOR AREA, GROSS." The sum of the. horizontal areas of the floors of a building included within the
exterior walls of the building or structure, including habitable penthouses and attic space, but excluding
air shafts, open porches, uninhabitable areas below ground level or in attics' and interior space devoted to
off- street parking.

FLOOR AREA, NET." The total of all gross floor areas of a building or portion thereof, excluding those
areas not directly devoted to the principal use or uses of the building or structure, such as stairwells,
elevator shafts, utility equipment rooms, hallways, and restrooms.

FRONTAGE." That portion of a lot abutting a street.

GARAGE, PRIVATE." A building or portion thereof for the storage of one or more motor vehicles for
persons living on the premises.

GARAGE, PUBLIC PARKING." A building or portion thereof used by the public for the storage of parking of
motor vehicles for compensation or otherwise.

GASOLINE SERVICE STATION." A building or premises or portion thereof used for the retail sale of
gasoline, oil, or other fuel, automotive parts, supplies, or accessories for motor vehicles; which may
include, as an incidental use only, facilities used for polishing, greasing, washing, or otherwise cleaning or
light servicing of motor vehicles.

GRADE." The highest level of the finished surface of the ground adjacent to exterior walls of the building or
structure.

GROUP COMMUNITY RESIDENCE." A single dwelling unit occupied on a relatively permanent basis in a
family environment by a group of nine to fifteen unrelated persons with disabilities, plus support staff
either present at the dwelling unit on a 24- hour basis, or present whenever residents with disabilities are
present at the dwelling.

HALFWAY HOUSE." A temporary living arrangement for persons who are receiving therapy and
counseling from support staff, who are present at all times residents are present, for the following
purposes: recuperating from drug and alcohol addiction, readjustment to society following imprisonment,
assistance to emotionally and mentally unstable persons.

HAZARDOUS SUBSTANCES." Substances and materials regulated by the Federal Emergency Planning
and Community Right -to -Know Act of 1986. ,

HOME OCCUPATION." A business activity customarily carried out for gain that is conducted within a
dwelling unit by a person that resides within that dwelling unit.

HOSPITAL." Any building or portion thereof used for diagnostic treatment and care of sick, injured or infirm
persons, primarily on an inpatient basis, that is licensed as a hospital by the State of Illinois.

HOTEL/ MOTEL." A facility offering transient lodging accommodations to the general public, typically on a
short term basis, and possibly providing additional related services such as restaurants, meeting rooms,
entertainment and recreational facilities.

JUNKYARD." An area that is used for the collection, storage, and handling of scrap materials and where
items such as old iron or other base metals, rope, rags, waste paper, empty bottles, and other items
which have outlived their usefulness are discarded to be sold or to be converted into another product.
KENNEL." Any structure or lot on which four or more dogs or cats over four months of age are boarded,
trained, or bred for remuneration or sale.

LAKE VERMILION HIGH WATER MARK." The elevation determined by Aqua - Illinois Water Company and
shown on a map provided by said company.

12
LANDSCAPING." Trees, plants and other natural materials arranged so as to enhance the aesthetic value
of an area of land.

LAUNDRIES."

1) Laundromat: A business that provides home -type washing, drying, and ironing machines for hire to
be used by the customers on the premises.

2) Commercial and industrial laundries: A business that provides washing, drying, and ironing services
operated by the employees on the premises.

LOADING SPACE." An off-street berth on the same lot as a building or contiguous to a group of buildings,
for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials,
which abuts upon a street, alley, or other appropriate means of access.

LOT." A parcel of land ( whether a portion of a subdivision or otherwise) occupied or intended to be

occupied by one principal building and its accessory buildings, or utilized for a principal use and uses
accessory thereto, together with such yards as are required under the provisions of this chapter, and
having frontage on a public or private street. A lot may or may not coincide with a ' lot of record".

LOT AREA." The total area within the lot lines of a lot, excluding public streets.

LOT, CORNER." A lot abutting upon two or more streets at their intersection, or upon two parts of the
same street, the streets or parts of the same street forming an interior angle of less than 135 degrees.

LOT COVERAGE." The area of a lot occupied by the principal building and accessory buildings.
LOT DEPTH." The main horizontal distance between the front and the rear lot lines measured in the
general direction of the side lot lines.

LOT, INTERIOR." A lot whose side lot lines do not abut on any street.

LOT LINE. FRONT." The line separating the lot from the street. On a corner lot, the front line shall be the
street lot line having the least dimension.

LOT LINE, REAR." The lot line or lot lines most nearly parallel to and most remote from the front lot line.

LOT LINE, SIDE." Any lot line other than a front or rear lot line.

LOT OF RECORD_" A legally divided parcel of land which is a part of a subdivision, the plat of which has
been recorded in the office of the County Recorder of Vermilion County, Illinois; or a parcel of land, the
deed to which was of record as of May 26, 1959.

LOT, THROUGH." Lot having frontage on two parallel or approximately parallel streets.
LOT WIDTH." The mean horizontal width of the lot measured at right angles to its depth at the front
building setback line.

MANUFACTURED HOME ( HUM." A structure, transportable in one -or more sections, which is built on a
permanent chassis and designed to be used as a -dwelling and attached to, a permanent foundation and
when connected to the required utilities, that was manufactured after June 14, 1976 to comply with the
National Manufactured Housing Constriction and Safety Standards Act of 1974, as amended.
MANUFACTURED HOUSING UNIT ( STATE)." Also referred to as a " panelized home", " sectionalized

home", or " modular home". A structure des ignedfor-habitation -as -a-dwelling,—

inriuding-necessary--
electrical, plumbing, heating, air conditioning and other service systems which is of closed or open — -
construction and which is made or assembled by a manufacturer on or off the building site, said structure —
being intended for assembly and installation on a building site and attached to a permanent foundation -- --
which extends below the frost line.

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MEDICAL CANNABIS CULTIVATION CENTER." A facility operated by an organization or business that is
registered by the Illinois Department of Agriculture - to perform necessary activities to provide only
registered medical cannabis dispensing organizations with usable medical cannabis.

MEDICAL CANNABIS DISPENSARY." A facility operated by. an organization or business that is registered
by the Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a
registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies
and educational materials to registered qualifying patients.

MENU BOARD." A free standing. sign oriented to a drive through lane that advertises menu items available
from the business, and which as no more than 20 percent of the total area for such a sign utilized for
business identification.

MOBILE HOME." A structure, transportable in one or more sections, which in the travel mode, is eight body
feet or more in width or forty body feet or more in length, or when erected is 320 square feet or more in
area, and which is built on a permanent chassis and designed to be used as a dwelling unit attached or
unattached to a permanent foundation when connected to the required utilities, that was manufactured
prior to June 15, 1976.

MOBILE HOME/ MANUFACTURED HOME PARK." A parcel or tract of land developed with facilities for
locating three or more mobile or manufactured homes, provided each home contains a kitchen, flush
toilet, and shower or bath. These parks shall be for use only by non -transient dwellers remaining,
continuously for more than a month, whether or not a charge is made. The term shall not include a sales
lot in which motor vehicles or unoccupied trailers are parked for the purpose of inspection or sale.

MOBILE/ MANUFACTURED HOME STAND." That part of an individual mobile or manufactured home site
which has been constructed with concrete for the placement of a mobile or manufactured home.

MODULAR HOME." A structure without a permanent steel chassis designed for habitation as a dwelling for
one or more persons, including necessary electrical, plumbing, heating and air conditioning and other
service systems, which is of open or closed construction and which is made or assembled by a
manufacturer on or off the building site. Said structure being intended for assembly and installation on a
building site with a permanent foundation which extends below the frost line and which complies with all
local and state codes.

MOTOR VEHICLE." Any passenger vehicle, truck, tractor, trailer, or semi -trailer propelled or drawn by
mechanical power.

NONCONFORMING BUILDING." A building or structure or portion thereof legally existing at the time of
adoption of this chapter or an amendment thereto, which does not comply with all the bulk regulations
applicable to the District in which it is located.

NONCONFORMING 9JSE." A use of a building or land legally existing at the time of adoption of this
chapter, or any amendment thereto, which does not conform with the use regulations of the District in
which it is located.

NURSING. HOME." A home for the aged,: chronically ill, or incurable persons, or a place of rest for those
suffering bodily disorders in which three ormorepersons, not members of the immediate family residing on
the premises, are received, kept, or provided with food, shelter, or care; but not including clinics, hospitals,
or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity
cases, or mental illness. OPEN

SALES LOT."Land used or occupied for the purpose of buying, selling, or renting merchandise stored
or displayed out of doors prior to sale. Such merchandise includes but is not limited to automobiles,
trucks, motor scooters, motorcycles, boats, monuments, garden supplies, or similar commodities.
PANELIZED

HOMES."A panelized home consists - of factory produced wall panels constructed eight feet high
and four feet to 40 feet in lengths, which is of open or closed construction. Open wall panels are sections
containing exterior sheathing only,with necessary plumbing, electrical, heating and air 14
 conditioning, insulation and interior sheathing installed at the building site. Closed wall panels are shipped
from the factory as complete wall units containing necessary electrical, plumbing, heating and air
conditioning, insulation, interior and exterior sheathing installed and connected at the site.

PARCEL." Any legally described piece of land in single ownership or under single control designated by
the owner or developer as land to be used or developed as a unit, or that has been developed as a unit.

PARKING AREA, PRIVATE." An open hard -surfaced area, other than a street or public way, designed,
arranged, and made available for the storage of private passenger automobiles only, of occupants of the
building or buildings for which the parking area is developed and is accessory to.

PARKING AREA, PUBLIC." An open hard -surfaced area, other than a street or other public way, used for
the parking of automobiles or other motor vehicles, and available to the public whether for a fee or as an
accommodation for clients or customers.

PARKING SPACE, AUTOMOBILE." Space within a public or private parking area of not less than 162
square feet ( nine feet by 18 feet), exclusive of access drives, aisles, ramps, columns, or office and work
areas, for the storage of a passenger automobile or a commercial vehicle under one and one- half ton
capacity.

PERMITTED USE." Any use which may be lawfully established in a particular district or districts, provided it
conforms with all requirements, regulations, and performance standards, if any, of the district.

PLANNED UNIT DEVELOPMENT." A residential, commercial, or industrial development on a parcel of

land with single ownership or control, and consisting of two or more buildings having any yard, or parking
or loading space in common.

PORTABLE TEMPORARY STORAGE CONTAINER." A fully enclosed, box -like container with or without
signage on one or more of its outer surfaces that is designed for temporary storage of tangible personal
property. Such containers are uniquely designed for ease of loading to and from a transport vehicle.
PREMISES." A lot together with all the buildings, structures and uses thereon.

PRINCIPAL RESIDENCE." The place where a person resides seven months or more in a 12- month period.

PRINCIPAL. USE." A primary use of land or buildings, as distinguished from a subordinate or accessory
use.

PRIVATE SANITARY SEWAGE SYSTEM." Septic Tanks, Sand Filters, Aeration Systems, and other
similar types of sanitary sewage collection/ treatment facilities that are installed and maintained by private
individuals or a group of private individuals.

PROFESSIONAL OFFICE." An office utilized by members of a recognized professional occupation that is

maintained for the conduct of that profession. Recognized professional occupations
include: accountants, appraisers, architects, engineers, lawyers, insurance or real estate agents,
surveyors, doctors, dentists, psychologists and other similar professionals.

PUBLIC ASSEMBLY FACILITY." An enclosed facility used or intended to be used primarily for spectator
sports, entertainment events, expositions and other public gatherings.

PUBLIC BUILDING." A building or structure or portion thereof used for the operations of the Local, State,
or Federal governments or any other unit of government authorized by City, State, or Federal legislation.
Buildings owned by a governmental entity, which are leased or operated as a private enterprise shall not
be classified as a public building.

PUBLIC OPEN SPACE." Any publicly owned or maintained open area, including, but not limited to, the
following: parks, playgrounds, forest preserves, beaches, waterways,. parkways, and streets.

PUBLIC SEWER AND 'WATER FACILITIES." Those water or sewer facilities of the county, state, or federal
government, or the city, or of the sanitary sewer district which complies with applicable public health —
standards.

15
 RESIDENCE - BASED SCAVENGER/ SALVAGE OPERATIONS" Operations conducted for remuneration
generally operated out of a residence involving moving around the City in search of discarded or garage -
sale items to be obtained or collected with the intent of resale from a residential location.

RETAIL STORE." Any building or structure in which one or more articles of merchandise or commerce are
sold at retail, including department stores.

ROADWAY." That portion of a street between the regularly established curb line, or that part, improved or
unimproved, which is used or intended to be used for vehicular traffic.

SATELLITE DISH OR ANTENNAS." Any of the following:

1) A signal -receiving device ( antenna, dish, or dish -type antenna), the purpose of which is to receive
communication or other signals from satellites in earth orbit and other extraterrestrial sources, excludes
telecommunication towers as defined herein.

2) A low -noise amplifier ( LNA) which is situated at the focal point of the receiving component, and the
purpose of which is to magnify, store, transfer, or transmit electronic or light signals.

3) A coaxial cable, the purpose of which is to carry or transmit signals to a receiver.

SETBACK, BUILDING." The minimum distance, in linear feet, measured on a horizontal plane between the
outer perimeter of a building or structure ( as described in the definition of buildable area) and each of its
lot lines; however, balconies may not project into an interior side yard.

SHELTER CARE FACILITY.," A facility for the sheltered care of persons with special needs, excluding such
facilities defined herein as a community residence or halfway house; which, in addition to providing food
and shelter, may also provide some combination of personal care, social or counseling services, and
transportation, including but riot limited to homeless or domestic violence shelters.

SHOPPING CENTER." A complex of three or more business or commercial establishments, planned,

developed, and managed as a unit, and designed to share common parking facilities and common
signage.

SIGN_" Any writing, pictorial representation, illustration, decoration ( including any material used to
differentiate sign copy from its background), landscaping form, emblem, symbol, design, trademark,
banner, flag, pennant, captive balloon, streamer, spinner, ribbon, sculpture, statue, or any other figure or
character that: is a structure or any part thereof ( including the roof or wall of a building); or is written,
printed, projected, painted, constructed, or otherwise placed or displayed upon or designed into
landscaping or a structure or a board, plate, canopy, awning, marquee, or vehicle or upon any material
object or device whatsoever; and by reason of its form, color, wording, symbol, design, illumination, or
motion attracts or is designed to attract attention to the subject thereof or is used as a means of
identification, advertisement, or announcement or political or artistic expression or decoration; but
landscaping constitutes a sign only to the extent that it is planted, trimmed, graded, arranged, or installed
in such a manner as to convey an explicit commercial message.
SIGN. ANIMATED." A sign employing actual motion or the illusion of motion by means of electronic.
electrical or mechanical input and/ or' iilumination capable of simulating movement through flashing or
patterned movement.

SIGN AREA." The total surface area of the entire sign, including all parts and appurtenances thereof;
except principal supports, the total cross section area of which does not exceed one square foot and on
which there is no display or advertising material or any lighting. In the case of any sign having display
services which are not continuous. (e. g., separate letter displays or separate display surfaces), sign area
shall include a theoretical display surface equal to the area of the smallest enclosure to which the
combined non -continuous display surface can be fitted, and including intermediate structural supports.

SIGN, AWNING OR CANOPY." A sign which is attached to a permanent nonstructural covering that is
either permanently attached to a building or freestanding away from a building.

1f
 SIGN, CHANGEABLE MESSAGE." A sign with the capability of content change by means of electronic,
electrical or mechanical input.

SIGN, COMMUNITY EVENT." A sign advertising or' announcing a community special event or activity
conducted by or sponsored by or on behalf of a local government, charitable organization or not -for -profit
corporation that occurs less than twice a year.

SIGN, DIRECTIONAL." A sign at the exit or entrance of a premises that has' two or more driveways.
SIGN FACING." Each separate surface which contains alphabetical or numerical information intended for
public viewing.

SIGN, FREESTANDING." A sign supported by one or more uprights, posts, or bases placed upon or
affixed in the ground and not attached to any part of a building, including monument style and pole style
signs.

SIGN, ILLUMINATED." A sign characterized by the use of artificial light, either projecting through its
surface ( internally illuminated) or reflecting off its surface ( externally illuminated).

SIGN, MARQUEE_" A display sign which is attached or suspended from a marquee, canopy, or other
colored structure projecting from and supported by the building, and extending beyond the building wall or
building line.

SIGN, MONUMENT STYLE." A freestanding sign which is attached to the ground with no exposed
uprights or posts, and not attached to any part of a building. The sign must employ two building materials
similar to the respective building and/ or brick, stone or a material otherwise specified and approved by the
Zoning Administrator.

SIGN, OUTDOOR ADVERTISING/ BILLBOARD." A sign which directs attention to a business, commodity,
service, or entertainment conducted, sold, or offered elsewhere than on the lot where the sign is located.

SIGN, POLE STYLE." A freestanding sign supported by one or more uprights or posts that are exposed
and attached to the ground and not attached to any part of a building.

SIGN, PROJECTING." A display sign which is attached directly to the wall of the building, and which
extends more than 15 inches from the face of the wall.

SIGN, REAL ESTATE." A sign indicating the availability for sale, rent, or lease of the specified lot or
building upon which the sign is erected or displayed.

SIGN, ROOF." A sign primarily attached to a roof surface for support which sign extends above the highest
elevation of the roof. Signs attached to mansard roof sections, pitched roofs or parapet wall shall not
be considered roof signs provided they do not extend above the highest elevation of said roof structures.
These exceptions shall be considered wall signs.

SIGN, SUBDIVISION." A sign advertising the general development, sale, or subdivision of land, and
displayed or erected on the subject property, as distinguished from a real estate sign.

SIGN, TEMPORARY." Any signage not permitted as a permanent sign, including a sign, banner, or other
device constructed of cloth, canvas, cardboard, wall board, or other similar materials, with or without a
structural frame, intended for a limited or intermittent period of display.

SIGN, WALL." Any sign painted on, attached to, or erected against the wall of a building or structure, with
the exposed face of the sign in a plane parallel to the plane of the wall and extending not more than 15
inches from the face of the wall.

SIGN, WINDOW." A sign affixed to the surface of a window with its message intended to be visible to and
readable from the public way or from adjacent property.

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 SOLID WASTE LANDFILL." A disposal site employing an engineering method of disposing of solid waste
in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume, and
applying cover over all exposed waste at the end of each operating day.
SPECIAL USE." Use for which a special permit, issued in accordance with Article IX of this Ordinance, is
required prior to the commencement of that use.

SPECIALTY SCHOOL." A secondary or higher education facility primarily teaching skills that prepare
students for a job in a trade or business, commonly referred to as a vocational school.

STORMWATER DETENTION." Any storm drainage technique that retards or detains runoff such as
detention or retention basin, parking lot storage, roof top storage, dry wells, porous pavement or any
combination thereof.

STORMWATER MANAGEMENT." Any management technique that controls or manages the path storage
or rate of release of storm water runoff. Such facilities include storm sewers, retention and detention
basins, drainage channels, drainage swale, inlet or outlet structures or other similar facilities.

STORY." That portion of a building included between the surface of any floor and the surface of the floor
next above it, or. if there are no floors above, then the space between the floor and the ceiling next
above.

STREET." Any public right- of-way containing a roadway which affords the primary means of vehicular
access to abutting properties. An alley shall not be considered a street.

STRUCTURE." Anything constructed or erected with a fixed location on the ground, but not including
poles, lines, cables, and other transmission and distribution facilities of public utilities.
STRUCTURAL ALTERATION." Any change in the supporting members of a building, such as bearing
walls, columns, beams, or girders; or any substantial change in the roof or the exterior walls; excepting
such repairs or replacement as may be required for the safety of the building.
TELECOMMUNICATION TOWER." Any structure that is constructed primarily for the purpose of
supporting one or more antennas, including self- supporting lattice towers, guy towers, or monopole
towers. The term includes radio and television transmission towers, microwave towers, cellular telephone
towers, and the like.

TRAILER - COMMERCIAL." A structure or vehicle without motive power, used or adaptable for business or
storage purposes, having no foundation other than wheels. When used for business purposes, a trailer
must comply with applicable building, electrical, and plumbing codes and zoning area -bulk requirements.
TRANSIENT MERCHANT." As defined in 115. 02 of the Code of Ordinances.

TRAVEL TRAILER." A trailer designed and constructed to be towed by a motorized vehicle and intended to
provide temporary living quarters for campaign, recreational travel or vacation use.

USE." The purpose or activity for which land or buildings thereon is designed, arranged, or intended, or for
which it is occupied or maintained.

VARIATION/ VARIANCE." A deviation from the bulk requirements of this chapter granted when such
deviation will not be contrary to the public interest and where, due to conditions unique to the property, a
literal enforcement of the chapter would result in unnecessary hardship.
VETERINARY HOSPITAL - LARGE ANIMAL_" An establishment designed or used for the care,
observation, or treatment of large domestic animals such as livestock or horses, and other predatory or
wild animals.

VETERINARY HOSPITAL SMALL ANIMAL." An establishment designed or used for the care,
observation, or treatment of small domestic animals, which shall include all animals, other than livestock
or animals considered predatory or wild, which is kept either inside or outside a dwelling unit.

18
 WHOLESALE ESTABLISHMENT." A business establishment engaged in selling to retailers or jobbers
rather than to consumers.

YARD." An open space not occupied or obstructed by any structure or portion of a structure except as
otherwise provided for herein.

YARD, FRONT." A yard extending across the full width of the lot between the front lot line and the nearest
line or point of the principal building.

YARD, REAR." A yard extending across the full width of the lot between the rear lot line and the nearest
line or point of the principal building.

YARD, SIDE." A yard extending from the front yard to the rear yard between the side lot line and the
nearest line or point of the principal building.
ZONING ADMINISTRATOR." The Director of the Department of Public Development or an individual
assigned by the Director to enforce the provisions of this chapter.

ZONING AREA." The geographic area to which this chapter applies, including all land within the City limits
and those lands within one and one- half miles of the City limits that have been designated on the Official
Zoning Map for inclusion.

ZONING DISTRICT." An area into which the zoning area has been divided in order to apply uniform zoning
regulations and requirements.

Am. Ord. 8912, passed 12- 17- 13; Am. Ord. 8959, passed 9- 16- 14;. Am. Ord. 9060, passed 7- 19- 16)

ZONING DISTRICTS AND MAP

150. 01.4 ESTABLISHMENT OF ZONING DISTRICTS.

A)
For the purpose of carrying out the regulations in this chapter, the City' s zoning area is hereby divided
into the following zoning districts:
1) AG Agriculture

2) RR Rural Residentiai

3) R- 1 Single -Family Residential - Low Density

4) R- 2 Single FamilyResidential - Medium Density 5)
R- 3 Mixed Residential - Medium Density 6)
R- 4, Multiple Family Residential - High Density . 7)
MHP Mobile Home Park 8)

P- 1 Profes ional Office 9)

B- 1 Neighborhod Business 10)

B- 2 Highway Business 11)

B- 3 General Business 12)

B- 4 Central Business 13)

1- 1 Light Industrial 14)

1- 2 General Industrial I

9
 B) Whenever a reference by letter designation is hereinafter made to any of the foregoing districts, the
reference shall mean and include all of those districts whose - symbols include the letter used in the
reference ( i. e., " R" districts include the second through the sixth of the aforesaid districts), unless
otherwise indicated in the reference. Whenever a reference by word designation is hereinafter made to
any of the foregoing districts, the reference shall mean and include those districts whose names include
the word used in the reference ( i. e., " Residential districts" means and includes the second through the
sixth of the aforesaid districts), unless otherwise indicated in the reference.

Ord. 8612, passed 12- 2- 08)

150. 015 INTENT AND PURPOSE OF ZONING DISTRICTS.

A) AG Agriculture District. The AG District is intended to encompass areas where soil, water, vegetative,
and topographical conditions are well suited for the raising of crops and livestock or where essential
public facilities or services do not yet or are not reasonably expected to serve the property in the near
future. The purpose of this District is to facilitate orderly and efficient urban development by preventing
the inappropriate and untimely intrusion of non- agricultural land uses into such areas. As development
pressures dictate, certain areas within this District as recommended in the City' s Comprehensive Plan
may be rezoned -to open additional lands for development. This District is also intended to encompass
natural resource and open space areas and to provide for the preservation and protection of such areas.
B) RR Rural Residential District. The RR District is intended to encompass areas outside the corporate
limits but within the City' s zoning area that are unsuitable for agricultural production and are not valuable
areas for natural resources or open space and in which public facilities and services cannot reasonably
be expected to serve in the future. The purpose of this District is to maintain the viability of such areas
while also supplying an option to urban living by providing low density residential development of these
areas in the form of single family dwellings at densities up to one dwelling unit per three acres. This
District is also intended to encompass and preserve existing areas of low density rural residential
development that have previously been developed in the absence of essential public facilities or services.
C) R- 1 Single Family Residential - Low Density District. The R- 1 District is intended to encompass areas
inside the corporate limits, but on the perimeter of the community, where the creation and maintenance of
stable and enduring residential neighborhoods can take advantage of existing public facilities and
services while avoiding conflicts with natural features and incompatible uses. The purpose of this District
is to encourage and protect single family residential neighborhoods and the land uses which are
compatible with them by providing for the establishment of residential development areas that are
characterized almost exclusively by single family detached dwellings on medium to large lots at densities
ranging from three to five dwelling units per acre.
D) R- 2 Single Family Residential - Medium Density District. The R- 2 District is intended to encompass
areas within the community where established residential neighborhoods exist and where the
maintenance of stable and enduring residential neighborhoods can take advantage of existing public
facilities and services and existing development while avoiding conflicts with natural features and
incompatible uses. The purpose of this District is to encourage and protect single family residential
neighborhoods and the land uses which are compatible with them by providing residential development
areas that are characterized primarily by single family detached dwellings on medium lots at densities -
ranging from six to eight dwelling units per acre.
E) R- 3 Mixed Residential District. The R- 3 District is intended to encompass areas within the community
adjacent to the downtown core where the community' s oldest residential neighborhoods exist and where
greater concentrations of residences can take full advantage of existing public facilities and services and
can directly support the downtown core, while preserving the unique historical and architectural fabric of
such areas. The purpose of this District is to encourage the preservation of the community' s oldest
residential neighborhoods in order to facilitate the renaissance of such areas and of the downtown area
as a whole. This District provides and preserves residential development areas that are characterized
primarily by medium density residential development that consists of a mixture of single family dwellings,
two family dwellings and low intensity multi -family dwellings with average neighborhood densities ranging
from six to eight dwelling units per acre. The defining traditional neighborhood design elements that are

20
 present in such areas should be preserved and enhanced and new development in such areas should
incorporate these elements in keeping with the character of the neighborhood.
F)
R- 4 Multiple Family Residential - High Density District. The R- 4 District is intended to encompass areas
within the community that are adjacent to centers of activity or near high traffic corridors where high
concentrations of residences can take advantage of existing public facilities and services and can support
such centers of activity, while reducing travel distances and supplying a transitional buffer between non-
residential areas and surrounding single family residential areas. The purpose of this District is to provide
for the development of multi -family housing within specific areas of the community in order to make a
variety of housing types available to meet the housing needs of the community. This District provides
residential development areas that are characterized primarily by multiple family dwellings at densities
greater than eight dwelling units per acre.
G) MHP Mobile Home Park District. The MHP District is intended to encompass select areas within the
City' s zoning area where a mobile home park development could be served by essential public facilities
and services and can complement existing development while avoiding conflicts with natural features and
other developments. The purpose of this District is to provide for the development of mobile home parks
within specific areas of the community in order to make another type of housing available to meet the
needs of the community. This District provides residential development areas characterized almost
exclusively by mobile homes and manufactured homes at densities up to five dwelling units per acre.
H)
P- 1 Professional Office District. The R- 1 District is intended to encompass areas within the community
that are adjacent to centers of activity or near high traffic corridors and where such development can take
advantage of the surrounding concentrations of activity while serving as a transitional buffer between
residential areas and non- residential uses that are incompatible with residential districts. The purpose of
this District is to encourage the establishment of office developments of varying scales within specific
areas of the community in order to facilitate development areas specifically designed for businesses that
serve the specialized care and other professional service needs of the community or the region. This
District is characterized by development consisting predominately of office buildings of a low intensity that
lack the off -site impacts typically created by and associated with commercial developments.
1) B- 1 Neighborhood Business District. The B- 1 District is intended to encompass select areas within the
community that are on the edge of or between established residential neighborhoods with such areas
typically positioned adjacent to arterial or collector streets and designed so as to accommodate a
combination of automobile and pedestrian traffic. The purpose of this District is to provide for the
establishment of small scale commercial developments within specific areas of the community in order to
encourage and facilitate commercial activity that serves the neighborhoods in which the development is
located. This District is characterized by low intensity commercial development that consists of a limited
range of service and retail uses. Some buildings may also contain a mix of uses with ground floor retail
and second story offices or residential units. These areas should not be extensive in size, nor should they
generate substantial amounts of vehicular traffic and the level of evening business activity should be kept,
to a minimum.

J) B- 2 Highway Business District. The B- 2 District is intended to encompass select areas within the
community that are along high traffic corridors and designed so as to accommodate the needs of
customers that are primarily motorists passing on 'the roadway. The purpose of this District is to provide
for the establishment of medium sized commercial development within specific areas of the community in
order to accommodate commercial activity that is designed to be served primarily by automobile traffic.
This District is characterized by low intensity commercial development that consists of a mix of certain
retail and service uses which typically satisfy the convenience needs of the traveling public.
K) B- 3 General Business District. The B- 3 District is intended to encompass select areas within the
community that are most suitable to accommodate the -impacts of more intense commercial development
and is designed to be served by a combination of automobile and pedestrian traffic. The purpose of this
District is to provide for the establishment of medium and large scale commercial - development within - -
selected areas of the community in order to accommodate a wider variety of commemial use& at - —
intensities greater than that of the B- 2 District but less than that of the B- 4 District. —
characterized by medium intensity commercial development that consists of a -wide variety of commerciat

21
 uses which serve the whole community and in some instances the region. Given the size and intensity of
developments within such areas, off -site impacts can be significant and need to be minimized to achieve
compatibility with adjoining districts.
L) B- 4 Central Business District. The B- 4 District is intended to encompass a select area within the
community that is centrally located and that functions as the commerce and activity hub for the
community and is designed so as to be a compact and pedestrian oriented downtown core. The purpose
of this District is to provide for the development of a densely developed central business area that acts as
the focal point of the community and serves as the center of government while providing space for a
variety of professional, service and retail uses as well as entertainment and residences. The central
business district differs from neighborhood business areas only in intensity and location. This District is
characterized by high intensity mixed use development that consists of a variety of different uses that
serve the downtown area and to an extent the community' as a whole. This area should be compact and
pedestrian oriented with no front or side setbacks and parking needs met on street or in public lots.
M)
1- 1 Light Industrial District. The 1- 1 District is intended to encompass select areas within the community
where a satisfactory combination of such factors as adequate topographical conditions, proximity to
transportation facilities, accessibility for employees, efficient land assembly, and adequate public facilities
and utilities that may be required by industrial uses, can be achieved. The purpose of this District is to
provide for the establishment of less intensive areas of industrial development within specific areas of the
community in order to accommodate assembly and warehousing activities at a scale and intensity of use
compatible with adjacent areas. This District is characterized by low to medium intensity industrial
development that consists primarily of businesses which assemble or warehouse products for sale and
distribution to markets outside the community, but in which no manufacturing activity is conducted.
N) 1- 2 General Industrial District. The 1- 2 District is intended to encompass select areas within the
community where a satisfactory combination of such factors as adequate topographical conditions,
proximity to transportation facilities, accessibility for employees, efficient land assembly, and adequate
public facilities and utilities that may be required by industrial uses, can be achieved without creating
incompatibilities with surrounding non -industrial development and uses. The purpose of this District is to
provide for the establishment of larger scale, higher intensity areas of industrial development within
specific areas of the community in order to accommodate any type of manufacturing, processing,
fabricating, assembling or warehousing operations which generally exhibit higher levels of objectionable
external effects and ensure they are carried out in a manner that will riot endanger the. public health,
safety, and general welfare. Such areas should not be located adjacent to residential districts. This
District is characterized by medium to high intensity industrial development that consists primarily of
industrial uses that manufacture, process,, fabricate, assemble or warehouse products for sale and
distribution to markets outside the community.

Ord. 8612, passed 12- 2- 08)

150' 040 ZONINGMAP. A)

The boundaries of the zoning districts are hereby established as shown on the map designated as the City'
s Offical Zoning Map. The map' together with all notations, references, data, district boundaries; and other
information thereon are made a part of this Ordinance by reference. The most recent Official Zoning Map
certified by the City Clerk shall remain on file in the office of the City Clerk and the Zoning Administrator,
respectively. B)
Subject
to the provisions of this Ordinance, the City Council may by Ordinance change the zoning classification
of specific parcels of land within the City' s zoning area. Said changes shall be. binding - even though
they may not be included on the most recent Official. Zoning Map. Ord._

8612, passed 12-2-08) 150.

0.17 INTERPRETATION OF DISTRICT BOUNDARIES. 22

 A)
District boundaries indicated on the Official Zoning Map as approximately following the centerlines of
streets, highways, or alleys shall be construed to follow the centerlines.

B)
District boundaries indicated on the Official Zoning Map as approximately following lot lines, shall be
construed to follow the lot lines.

C)
Where the boundary of a district on the Official Zoning Map follows a railroad line, the boundary shall
be deemed to be located at the railroad right- of-way line closest to the most restrictive zoning district line
shown on the Official Zoning Map. Notwithstanding anything here to the contrary, any railroad right of way
adjoining a Residential Zoning District shall be deemed to be located. in said Residential District.

D)
Where the boundary of a district on the Official Zoning Map follows a stream, lake, or other body of
water, the boundary line shall be construed to be the centerline of the stream, lake, or other body of
water.

E)
Where district boundaries are indicated on the Official Zoning Map as approximately following section
lines or divisions thereof, and township lines, those section and township lines shall be construed to be
those boundaries.

F)
Whenever any street, alley, or other public way is vacated in the manner authorized by law, the zoning
district adjoining each side of that street, alley, or public way shall automatically extend to the center of
the area vacated, and all areas included in the vacated area shall thereafter be subject to all regulations
of the extended district.

G) Where any land or territory within the jurisdiction of the City is not shown to be located in a district, the
zoning regulations of the most restrictive adjoining district shall govern.
H) Where a lot under single ownership is divided, at the time of enactment of this Ordinance or
subsequent arriendments, by a zoning district boundary line, the requirements of the more restrictive
district adjacent to the line shall apply to the entire lot.

Ord. 8612, passed 12- 2- 08)

150. 018 AREA OF JURISDICTION.

With the adoption of this chapter, the City exercises its legal authority under Illinois State law to zone those
lands within the corporate limits of the City, and in the absence of county zoning, the City also exercises
its authority under Illinois State law to zone those lands within one and one- half miles of its corporate
limits. Specific areas to be regulated by this Ordinance are indicated on the Official Zoning Map.
Ord. 8612, passed 12- 2- 08)

1. 50. 019 CLASSIFICATION OF TERRITORY RESULTING FROM ANNEXATION.

Any territory hereafter brought within the City' s zoning jurisdiction as a result of an annexation of territory
that is contiguous to the corporate limits shall automatically be classified in the AG Agriculture Zoning
District until duly changed by an amendment to this Ordinance.

Ord. 8612, passed 12- 2.-08)

DISTRICT REGULATIONS

150. 020 DISTRICT USE REGULATIONS.

A) In any zoning district, no lot or building shall be used, and no building or structure shall hereafter be
erected or structurally altered, except for:
1) One or more of the uses listed as permitted uses in that Zoning District in Table IV- 1, which can be
found in Appendix A, attached to and made a part of this chapter;

23
 2)
One or more of the uses listed as special uses in that Zoning District in Table IV- 1, provided that a
special use permit therefor has been issued, according to the procedures specified
in 150. 130 through 150. 134 of this chapter.

B)
The uses listed in Table IV- 1 are meant to serve as principal uses. As indicated by Table IV- 1, each
principal use may be either: permitted by right, permitted after the issuance of a special use permit, or
prohibited.

C)
In the case of a use not specifically listed in Table IV- 1, such a use shall be expressly prohibited unless
the Zoning Administrator, after. consultation with the Corporation Counsel, determines that such a use is
related to or is substantially similar to a use that is listed. In such cases the use shall be subject to the
regulations of the use to which it is most related or similar. A written record of all such determinations by
the Zoning Administrator shall be kept, and may be consulted in the future.

Ord. 8612, passed 12- 2- 08)

150. 021 . DISTRICT AREA AND BUIaK REGULATIONS.

A lot, building or structure hereafter erected or structurally altered shall be subject to and in compliance with
the area and bulk regulations for the District in which it is to be located as listed in Table IV- 2, unless
indicated otherwise elsewhere in this chapter. Table IV- 2 can be found in Appendix B, which is attached
to and made a part of this chapter.

Ord. 8612, passed 12- 2- 08)

150. 022 BUSINESSES IN THE B—I DISTRICT.

The following additional requirements shall apply to the B- I Neighborhood Business District and uses
allowed therein. The aggregate gross floor area of all buildings in a contiguous area of neighborhood
business district zoning shall not exceed 50,000 square feet, and no individual shopping facility or
business shall comprise more than one- third of the total floor area permitted.

Ord. 8612, passed 12- 2- 08)

150. 023 SUPPLEMENTAL REGULATIONS FOR THE R- 3 DISTRICT.

A) Purpose. The purpose of this section is to provide supplementary regulations for developments in the
R- 3 Zoning District in order to sustain the existing development pattern of the area and support the
preservation of existing contributing buildings within the District while enhancing the aesthetic quality of
the area and encouraging the development of new buildings of distinguished architectural character and
appearance.

B) Applicability. Whenever a building or structure in the R- 3 District is erected, converted, enlarged, or

structurally altered, or whenever a use of land, building, or structure in the R- 3 District is established,
expanded or changed, the resulting development shall comply with the standards of this section.
C)
Location of Parking Areas. Off- street parking areas shall not be located between the principal building
and the street.

D)
Vehicular Access. The primary vehicular access shall be provided byway of a rear alley.
E)
Pedestrian Access. A sidewalk should be provided that connects the front entrance door or porch to
the public sidewalk along the street.

F) Location of Mechanical Equipment and Meters. Mechanical equipment and meters shall not be located
between the principal building and the street. Mechanical equipment and meters shall be placed at the
rear of the lot behind the principal building. If this cannot be achieved, they may be located along the side
of the principal building, provided they are screened from view from the street.

Ord. 8612, passed 12- 2- 08)

14
 SUPPLEMENTARY USE REGULATIONS

150. 030 ACCESSORY BUILDINGS, STRUCTURES, AND USES.

A) Requirements. A building; structure or use maybe erected or established on a lot as an accessory

structure or use provided that the following requirements are met.-
1) A permitted principal building/ use exists on the lot.

2) The accessory use is related to the principal, use.

3) The accessory use is incidental or subordinate to the principal use.
4) The accessory buildings or structures shall not be used for dwelling purposes.
5) The use of accessory buildings and structures in residential districts shall not involve the conducting
of a business.

6) No new accessory use may be established for a legal non -conforming principal use.
7) No mobile home or other portable structure shall be used as an accessory building or structure
except when used incidentally to and temporarily for construction operations of a principal use, with said
structure removed prior to the occupancy of the principal use, or as temporary storage in accordance with
subsection ( H) below.

B) Standards. An accessory building, structure or use constructed, erected, or placed on a lot shall
conform to the following standards.

1) An accessory building or structure in a residential district shall be located on the rear one- half of the
lot and at least five feet from any dwelling existing or under construction on the same lot or an adjacent
lot, and no closer than five feet to any side or rear lot line. Furthermore, an accessory building or structure
shall not exceed 15 feet in height.

2) An accessory building or structure in a residential district, including one private detached garage,
shall not exceed 864 square feet in area on lots up to 22, 000 square, feet in area, or 1, 056 square feet in
area or 4% of the total lot area, whichever is greater, on lots 22, 001 square feet in area and over. Other
accessory structures such as garden shelters and. storage. sheds shall be permitted provided that such
structures do not in aggregate exceed 250 square feet in area.

3) Accessory buildings and structures in all other zoning districts shall conform to the area and bulk
standards of Table IV- 2 of this chapter.

4)
Accessory buildings and structures may be erected detached from the principal building or may be
erected as an integral part of the principal building, or may be connected therewith by a breezeway or
similar structure. An accessory building attached to the principal building shall be made structurally part
of and have a common wall with the principal building, and shall comply in all respects with the
requirements applicable to the principal building.
5) No accessory building or structure shall be constructed over or upon an existing public easement
without specific written permission to do so from the City Engineer.
C) Satellite Dishes and Antennas. Satellite dishes and antennas accessory to permitted principal uses are
hereby regulated as accessory uses hereunder. Any such -device which transmits or receives signals,
including all satellite/ television dishes, microwave receiving and/ or radio transmitting antennas, but
excluding telecommunication towers, is subject to the following requirements -- -

1) General Requirements. For the purposes of this chapter, -satellite dishes and antennas shall be - --
classified based on the location, type, extent and/ or nature ofthe-support mechanism and/ or structureas

25
 either roof -mounted or ground -mounted. No satellite dish or antenna shall be permitted until and unless
the following requirements are met.

a)
Satellite dishes and antennas, and their accompanying support structures, shall be painted a solid
neutral color, shall not exhibit any advertising, and to the extent possible, should be compatible with the
appearance and character of the neighborhood.

b)
Ground -mounted satellite dishes and antennas shall not be located within a required front yard of a
lot nor shall they be located within 20 feet of any lot line abutting a' street.
2) Roof Mounted. In addition to the other provisions of this Section, roof -mounted satellite dishes and
antennas attached to a building or structure shall also fully comply with the following standards.
a)
In any commercial or industrial zoning district, satellite dishes may be erected to a maximum height
of 12 feet above the maximum height of the building on which it is to be located and the satellite dish shall
not exceed 10 feet in diameter.

b) In any residential or mobile home zoning district, satellite dishes may be erected to a maximum
height of 12 feet above the maximum height of the building on which it is to be located and the satellite
dish shall not exceed three feet in diameter.

c)
In any zoning district, roof -mounted antennas may be erected to a maximum height of 20 feet,
above the maximum height of the building on which it is to be located and the antenna shall not exceed
four feet in diameter.

3) Ground Mounted. In addition to the other provisions of this Section, ground - mounted satellite dishes
or antennas shall only be located on a lot with an existing principal building/ use and shall also fully
comply with the following standards.

In any zoning district a ground -mounted satellite dish may be erected to a maximum height of 15
a)

feet above adjacent ground level, the satellite dish shall only be located in a rear yard, and the diameter
of the satellite dish shall not exceed 10 feet.

b) In any zoning district a ground - mounted antenna may be erected to the maximum height allowed in
the underlying zoning district.
D)
Drive -Up or Drive -Through Facilities. Drive -up or drive -through facilities shall be considered accessory
to permitted principal uses and are hereby regulated as an accessory use hereunder, and shall be subject
to the following requirements:

1)
Drive -through facilities shall not be located in the front yard of the principal building and the
maneuvering space shall be provided in the side or rear yard.
2) Speakers at drive -through facilities shall not be audible from adjacent properties.
3) Establishments with drive -through facilities shall provide a stacking lane for the stacking of
automobiles waiting to drive through the facility.
4) Each stacking lane shall have a minimum number of stacking spaces. Establishments with a single
drive -through facility shall provide a minimum of six stacking spaces. Establishments with more than one
facility shall provide a minimum of five stacking spaces per facility. The space directly adjacent to the
facility is considered a stacking space. Each stacking space shall measure at least eight feet in width and
18 feet in length.

5) The stacking spaces shall be designed so as not to interfere with the ingress and egress to the off-
street parking, traffic circulation on or off site, and traffic visibility. The stacking spaces shall not block a
public street or common drive lane used by other businesses.
No drive -through lane shall exit directly into a public right- of-way. The stacking lane shall be -
integrated with the onsite circulation and shall merge with the driveway.

26
 7) Stacking areas shall be constructed in accordance with required specifications for off- street parking
areas.

8)
AH drive -through facilities shall require site plan approval by the Zoning Administrator and City
Engineer.

E)
Outdoor Storage of Recreational Vehicles, Watercraft, Off -Road Vehicles, and Utility Trailers. The
outdoor storage or parking of recreational vehicles, watercraft, off -road vehicles and utility trailers shall be
considered accessory to permitted principal uses and is hereby regulated as an accessory use
hereunder. In addition to the other provisions for accessory uses in this Section, the outdoor storage of
said objects shall be subject to the following requirements:
1) No recreational vehicle shall be used as a business or for living, sleeping, or housekeeping purposes
while stored or parked in a residential zoning district or on a public street.
2) Recreational vehicles, watercraft, off -road vehicles and utility trailers stored or parked outdoors shall
be legally registered with the State and registered to the tenant or owner of the lot upon which the object
is stored.

3) Such objects stored or parked outdoors shall be stored or parked only in side or rear yards, excluding
side yards on corner lots that adjoin a public street.
4) Such objects may be temporarily parked in other required yards for up to 30 days during any
calendar year with the approval of the Zoning Administrator provided they are stored on a hard surface.
5) No such object shall be parked within any public right- of-way for more than 24 hours.
F) Outdoor Storage of Commercial Vehicles. The outdoor storage of commercial vehicles shall be
considered accessory to permitted principal uses and is hereby regulated as an accessory use
hereunder. Commercial vehicles shall include trucks with a gross weight in excess of 12, 000 pounds,
tractor trailers, farming equipment and machinery, and construction equipment and machinery. In addition
to the other provisions for accessory uses in this Section, the outdoor storage of these vehicles shall be
subject to the following requirements:

1) The parking of commercial vehicles on a lot shall be permitted in the 1- 1 and 1- 2 Zoning Districts, and
shall be allowed in the B- 3 District after application and issuance of a special use permit.
2) No commercial vehicle shall be parked on any public street in a residential zoning district at any time.
G) Keeping Large Animals. No large animals ( cattle, swine, goats, horses) or poultry shall be permitted on
any lot within the City at any time. Large animals may be permitted outside the City if the animals are
confined more than 150 feet from any lot having a lot area of less than one acre which is improved with a
residential dwelling.

H) Portable Temporary Storage Containers. Portable temporary storage containers shall be regulated as
an accessory structure hereunder and shall be subject to the requirements for accessory buildings,
structures and uses as listed in subsection ( A) of 150. 030,

1) Portable temporary storage containers

located for accessory buildings and structures as described in subsection ( B) of 150. 030.
2) A portable temporary storage, container n
exceed 130 square feet in size, with no more tha, allowed per4ot. A portable - -- - — 1

temporary storage container placed on a lot in - -

in size, with no more than one such container allowed -per lot.
3) In any zoning district the placement of a portabte4emporary storage container on a louts permitted f —
a period not to exceed 30 consecutive days within a -six month period, or for the time period for which -
there is an active buiiding permit on the lot.

27
 4) A portable temporary storage container shall be placed on either a hard concrete or asphalt surface
and may displace one or more off- street parking spaces, provided there is adequate parking already
being provided.

Ord. 8612, passed 12- 2- 08)

150. 031 HOME OCCUPAT[ ONS.

A) Purpose. The purpose of this Section is to specify requirements for the establishment and, operation of
home occupations to ensure that home occupations are compatible with the neighborhood in which they
are located.

B) Classification of Home Occupations. A home occupation shall be considered an accessory use to any
residential dwelling unit and permitted subject to the following regulations. For the purpose of this chapter,
home occupations shall be further classified as either a minor, major or prohibited home occupation.
Home occupations complying with the general requirements and the standards established in subsection
D) below shall be considered minor in character and permitted by right with no further approval required.
Home occupations that are considered major home occupations shall be permitted by right in all non-
residential zoning districts, but shall require a special use permit in a residential zoning district.
C) General Requirements. All home occupations shall be subject to the following requirements
1) The home occupation shall be clearly incidental and secondary to the use of the dwelling for dwelling
purposes.

2) The home occupation shall be operated and contained entirely within the interior of the dwelling unit
or other accessory buildings and there shall be no outside storage or display of material used in
conjunction with the home occupation on the premises.

3) The appearance of the dwelling shall not be altered nor the home occupation be conducted in a
manner which would cause the premises to differ from its residential character.

4) No highly explosive or combustible material shall be used or stored on the premises

5) No activity shall be allowed which would interfere with radio or television transmission in the area, nor
shall there be any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the
lot line.

6) There shall not be conducted on the premises the business of selling stocks of merchandise,
supplies, or products, provided that orders previously made by telephone or at a sales party may be filled
on the premises, i. e., direct sales of products off display shelves or racks is not allowed, but a person may
pick up an order placed earlier as described above; and incidental retail sales may be made in connection
with the home occupation; e. g., a single -chair beauty parlor would be allowed to sell combs, hair spray,
and other miscellaneous items to their customers. However, a dressmaker would be required to do only
custom work for specific clients, and would not be allowed to develop stocks of dresses for sale to the
general public on -site.
7),, Deliveries frorn commercial suppliers shall not be received more than once a week and the deliveries
shall not be made by semi -trailer trucks.

8) Deliveries to or from the residence shall not be made between the hours of 8: 00 pm and 6: 00 am.
9) No more than one business vehicle used in conjunction with the home occupation may be parked on
the premises or an abutting street at any time.
10) Pedestrian and vehicular traffic generated by clients or customers of a home occupation shall be
prohibited on the premises between the hours of 8: 00 pm and 6: 00 am.
11) Additional parking spaces shall be made available to compensate for parking needs generated by
providing one additional space for each 300 square feet of floor area used for the home occupation.

28
 D)
Minor Home Occupations. Any activity that meets but does not exceed the following standards shall be
classified as a minor home occupation:

1) No person who is not a resident of the dwelling unit maybe employed on the lot inr connection with
the home occupation.

2) No customers or clients shall be permitted on the lot in connection with the home occupation.
3) No more than. one room of the dwelling unit may, be used for the home occupation.
4)
There shall be no advertising, display, or other indications of a home occupation on the premises.
5)
Permitted minor home occupations may include, but are not necessarily limited to, the following:
artists and sculptors; authors and composers; home crafts for sale off -site; office facility of minister, rabbi,
or priest; office facility of a salesperson, sales representative, or manufacturer' s representative, provided
that no transactions are made in person on the premises; telephone solicitation work.
6) Prohibited minor home occupations shall include those activities listed in subsection ( F) below

E) Major Home Occupations. Any activity that exceeds the standards set forth above for minor home
occupations but does not exceed the following standards shall be classified as a major home occupation:
1)
No more than one person, who is not a member of the immediate family that resides in the dwelling
unit, shall be employed on the lot and engaged in the home occupation.

2)
No more than four customers or clients of the home occupation shall be allowed in the dwelling unit
or on the premises during any 60 minute period nor more than 10 in any given 24 hour period.
3) Vehicular traffic associated with the home occupation shall not exceed two vehicles on the lot at any
one time.

4)
The total floor area used for the home occupation ( including storage) shall not exceed 25% of the

gross floor area of the dwelling unit.

5) No signs shall be present on the lot except for one wall sign, not to exceed one square foot,
indicating the occupant' s name and occupation, e. g., " John Doe, Accountant".
6)
Permitted major home occupations may include, but are not necessarily limited to, the following:
single -chair beauty parlors and barber shops; organized classes; small engine repairs, excluding
automobile, motorcycle, and snowmobile engines.

F) Prohibited Home Occupations. Any activity that would exceed the standards for a major home
occupation shall be prohibited as a home occupation. In addition, the following activities, by the nature of
the investment or operation, have a pronounced tendency once started to rapidly increase beyond the
limits permitted for home occupations and thereby impair the use of and devalue a neighborhood for
residential purposes and therefore shall be prohibited as home occupations: minor or major auto repair;
painting of vehicles, trailers, or boats; funeral chapel or home; gift shops; medical or dental clinics; rental
businesses; catering businesses; welding or machining work; residence -based scavenger/ salvage
operations; animal kennels; private clubs.
G) Exceptions. Family day care homes, as defined in this chapter and which are licensed by the Illinois
Department of Children and Family Services, shall be classified as minor home occupations and
permitted by right in any zoning district where minor home occupations are permitted, even if a particular -
family day care home exceeds the criteria as set forth in this Ordinance for minor home occupations.

Ord-.-8612, passed 12- 2- 08)

150. 032 ' I' EMPORARY USES.

A) A temporary use is a use established for a limited period of time with the intent to discontinue such use
upon the expiration of such time. Such uses are subject to the time restrictions and limited to the specific

29
 uses contained in this section. Only one temporary use shall be permitted per lot at any one time.
Adequate off-street parking shall be provided for the temporary use, but this parking shall not displace the
required off-street parking of the permitted principal use or uses on the lot. Additional standards for
specific temporary uses follow.

1)
Garage Sales. Garage, rummage, yard and similar sales shall be permitted as temporary uses in any
zoning district provided that no such sale shall be more than 72 hours in duration and the total number of
sales on a lot shall not exceed two. in any calendar year.
2)
Home Parties. Home parties for the purpose of selling merchandise or taking orders shall be
permitted as temporary uses in any zoning district provided that a party is not held at the same location
more than two times per month.

3)
Transient Merchant Sales. Sales by transient merchants within the City limits shall be allowed only
after the receipt of a transient vendor' s license from the City Clerk per Chapter 115 of the Code of
Ordinances. Additionally, such sales within the City shall be. allowed as a temporary use in the B- 3 zoning
district only and only after application for and issuance of a special use permit in accordance
with 150. 130 through 150. 134 of this chapter. Transient sales shall not be permitted to occur at any one
location for longer than six months in any one calendar year.

Ord. 8612, passed 12- 2- 08)

150. 033 DWELLING STANDARDS.

A)
Single- family dwellings. Every single- family dwelling hereafter erected or structurally altered shall have
a total usable floor area of not less than 864 square feet.

B) Two- family dwellings. _ very building hereafter erected, converted, or structurally altered to a two- family
dwelling shall have a total usable floor area of not less than 1200 square feet, no dwelling unit of which
shall have a total usable floor area of less than 400 square feet.

C)
Multi -family dwellings. Every building hereafter erected, converted, or structurally altered to a multi-
family dwelling shall have a total minimum usable floor area of 1500 square feet. All dwelling units shall
contain a minimum usable floor area of 400 square feet, except that not more than 10% of the units may
be studio or efficiency type apartments with a minimum usable floor area of 250 square feet, including a
sleeping area of not less than 70 square feet.

Ord. 8612, passed 12- 2- 08)

1. 50. 034 CONVERSION OF I)WELIANGS.

The conversion of any building into a dwelling, or the conversion of any existing dwelling so as to
accommodate an increased number of dwelling units or families, shall be permitted only within a zoning
district in which a new building for similar occupancy would be permitted by this chapter, and only when
the resulting occupancy will comply with the area and bulk requirements of the underlying zoning district.
Ord. 8612, passed 12- 2- 081)

150. 035 AD JLT. USE BUSINESSES. r

The establishment of an adult use business shall -be dlewiag additional mquir
A) An adult use business shall not be located:-

1) Within 500 feet of another existing adult use business

2)
Within 1, 000 feet of a preexisiing school, place of wombippL4Acly avAied facilities,_ - - 4

center, group home, day care school or center, or family daycare home.
3) Within 500 feet of a lot in any residential zoning dishict.

30
 B)
An adult use business shall not be located in a building or structure which contains another business
that sells, dispenses in some manner, or allows the consumption of alcoholic beverages.

C) For the purposes of this section, measurements shall be made in a straight line, without regard to
intervening structures or objects, from the lot line of the adult use business to the nearest lot line of
another adult use business, school, place of worship, or residential zoning district.
Ord. 8612, passed 12- 2- 08)

150. 036 DRIVE- IN THEATERS.

In zoning districts where drive- in theaters are permitted, the establishment of such use shall be subject to
the following regulations:
A)
Projection screens and parking areas shall not be closer than 50 feet from any public street, and not
closer than 500 feet from any residential zoning district boundary.
B)
The projection surface of motion picture screens shall not be visible from any collector or arterial street
as designated by the City' s Comprehensive Plan.
C)
Loudspeakers shall be limited to the individual type, which are designed to be heard by the occupants
of one car only.
D) Entrances and exists shall connect only to arterial or collector streets, and shall be designed so as not
to interfere with or unnecessarily impede traffic flow.
E)
Entrances and exit waiting space for cars shall be provided to accommodate not less than 5% of the
theater' s parking capacity.
F) Drive- in theaters shall be surrounded with a six- foot high opaque fence.

Ord. 8612, passed 12- 2- 08)

150. 037 JUNKYARDS.

In zoning districts where junkyards are permitted, the establishment and maintenance of such use shall be
subject to the following regulations:

A)
All handling and storage of junkyard materials and items shall be done within a completely enclosed
building, or within an area enclosed by a solid wall or solid ( opaque) fence not less than eight feet in
height.

B)
The lot line of junkyard shall be located not less than 300 feet from any residential zoning district
boundary.

C) The premises on which a junkyard is located shall not have more than two entrances and two exits at
the perimeter, each of which shall not exceed 15 feet in width.

D)
At no time shall operations be conducted or junkyard materials and items be stored on the public
street, alley or public right- of-way bordering the junkyard. -

Ord. 8612, passed 12- 2- 08)

150. 038 ANIMAL KENNELS.

In zoning districts where animal kennels are permitted, the establishment - of -such -use -shall be subject -to -the
following regulations:

A)
An animal kennel shall not be located within 100 feet of a lot in any residential zoning district.
B)
Any outdoor areas designated for animal use shall be completely enctosed by a solid ( opaque) fence--- -
not less than six feet in height.

31
Ord. 8612, passed 12- 2- 08)

150. 039 MANUFACTURED HOUSING.

A manufactured housing unit proposed in the R- 2, R- 3 or R- 4 zoning districts shall be permitted only after a
manufactured housing design review has been conducted in accordance with the procedures outlined
in 150. 140 through 150. 145 of this chapter. This manufactured housing design review should establish
that the manufactured housing unit conforms to the design standards for manufactured housing
in 150. 140 through 150. 145 of this chapter and is therefore appropriate for the neighborhood in which it is
to be placed.

Ord. 8612, passed 12- 2- 08)

1. 50. 040 MOBILE HOME PARKS.

In any district where mobile home parks are permitted the following requirements shall be applied to new
mobile home parks and to improvements or extensions of existing parks. Additionally, those regulations
contained in Chapter 156 of the Municipal Code shall also apply.
A) No part of any mobile home park shall be used for nonresidential purposes, except uses that are
required for the direct servicing and well being of park residents and for the maintenance of the park.
Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located on a
mobile stand and connected to the pertinent utilities.
13) Conditions of soil, ground water level, drainage, and topography shall not create hazards to the
property, health, or safety of the occupants, or residences or businesses adjacent thereto. The site shall
not be exposed to objectionable smoke, dust, noise, odors, or other adverse influence, which would
expose persons or property to hazards to health or safety.

C) Density and yard regulations. The maximum density of mobile homes shall be regulated by separation
requirements, occupied lot area ratios, and recreation area requirements as set forth herein. Density will
vary considerably in accommodating different sizes of mobile home units with accessory structures used
in the locality and the type of layout proposed.
1) A mobile home park shall be located on a tract of land not less than ten acres in area, with a
minimum width and depth dimension of 200 feet.

2) Each mobile home stand shall be separated from other mobile home stands by a yard of not less
than 20 feet. However, no mobile home lot shall have width of less than 30 feet or depth of less than 100
feet.

3) Mobile home stands shall not occupy an area in excess of one-fourth of the respective lot area. The
accumulated occupied area of the mobile home and its accessory structures on a mobile home lot,
including parking space and driveway, shall not exceed one- half of the respective lot area.
4)
All mobile homes shall be located at least 40 feet from the exterior lot boundary line of the mobile
home park. All mobile homes or other structures shall have a front and rear yard of at least 25 feet from
the right- of-way line of any internal public or private sto eet.
D) Not less than 8% of the gross site area of a mobile home park shall be devoted to recreational

facilities, generally provided in a central location. However, this requirement shall not be less than one-
half acre for each 100 lots, and the minimum area of any recreational development shall be not less than
one- half acre. In larger developments, recreation facilities can be decentralized with at least one area
large enough for a small park ( one acre). Recreation areas may include space for community buildings
and community use facilities such as indoor recreation areas, swimming pools, hobby and repair shops,
and service buildings.

E) Each mobile home lot shall be provided with an outdoor living and service area. This area shall be
improved as necessary to assure reasonable privacy and comfort. The minimum area shall be not less
than 300 square feet, with at least a dimension of 15 feet.

32
 F) Entrance to mobile home parks shall have direct access to a public street, and shall be designed to
allow free movement on adjacent public streets. No parking shall be permitted on the entrance street for a
distance of 100 feet from the public street.

G) Parking facilities shall be based upon two parking spaces for each mobile home lot. Parking may be in
tandem and may be located in the required yards provided it conforms to applicable provisions of this
Ordinance.

H) Each mobile home stand shall be located within 100 feet of a public or internal street, and shall have
free and unobstructed access to the street. Pavement widths and other street design standards shall
conform to those provided in the Subdivision Regulations.
1) A common walk system shall be provided and maintained between locations where pedestrian traffic is
concentrated. Common walks shall have a minimum width of three and one- half feet.

J)
All mobile home stands shall be connected to common walks, to streets, to driveways, or to parking
spaces with individual walkways. Such individual walks shall have a minimum width of two and one- half
feet.

K) The limits of each mobile home lot shall be marked on the ground by suitable means. Location of lot
limits on the ground shall be the same as shown on the approved site plans.
L) Mobile home stands shall be improved to provide adequate support for the placement and tie -down of
the mobile home. The stand shall not heave, shift, or settle unevenly under the weight of the mobile home
due to frost action, inadequate drainage, vibration, wind, or other forces acting on the structure. Anchors
or tie -downs shall be provided according to the Tie -Down Act administered by the Illinois Department of.
Public Health, a copy of. which shall be available from the Zoning Administrator. .
M) Improved driveways should be provided on lots where necessary for convenient access to mobile
homes. The minimum width shall be ten feet.

N) Each mobile home shall be skirted to enclose the space between the ground and the bottom; of the
mobile home.

Ord. 8612, passed 12- 2- 08)

150. 041 NURSING IIO-i) IFS,

In zoning districts where nursing homes are permitted; the establishment of such use shall be subject to the
following regulations:
A) The minimum site for any nursing home shall be two acres, provided that for nursing home
containing more than 40 beds, the' minimurn site area shall include one additional acre for each 40 beds
or fraction thereof.

B) All principal buildings shall be located at least 25 feet from all lot lines.

C The si , shall have ( minimum

site, ) length and width dimensions of 200- feet. - -

Ord. 8612, passed 12- 2- 08)

150. 042 PLANT NURSERIES AND GREENHOUSES.

In any district where tree and. p- lant nurseries and greenhouses are permitted, the establishment of such
uses shall be subject to the following requirements:
A) No fertilizer, compost, manure, or other odor- or dust -producing substance shall be stored within 50 !
feet of any lot line.

B) Greenhouse heating plants shall be in an enclosed building and shall not be less than 50 feet from aca
lot line.

33
 C)
Along any side or rear lot line, there shall be provided and maintained a planting or other appropriate
screen of such size and density as to provide visual screening from adjacent residential properties.

Ord. 8612, passed 12- 2- 08)

150. 043 PUBLIC BUILDINGS.

In any district where publicly owned buildings or government services are permitted, the following additional
requirements shall be met.

A) In any residential or agricultural zoning district, all publicly owned buildings shall be located at least 25
feet from all lot lines.

B)
In any zoning district except industrial districts, there shall be no permanent storage of heavy
construction or maintenance equipment ( such as excavating, road building, or hauling equipment), unless
in an enclosed building, or enclosed within a solid wall or fence at least six feet in height. These storage
areas, maintenance yards, or storage warehouses shall be located at least 25 feet from any front or side
lot line.

C) All public buildings shall be located, and landscaped according to an approved site plan.
Ord. 8612, passed 12- 2- 08)

150. 044 PUBLIC UTILITY STATIONS, EXCHANGES, ESSENTIAL SERVICES.

Electrical substations, gas regulator stations, or telephone exchange facilities in any residential or
agricultural zoning district shall be subject to the following regulations.
A) No public office, repair, or storage facilities shall be maintained in connection with such substations or
exchanges.

B)
The building housing any such facility shall be designed and constructed to conform to the general
character of the neighborhood.

C) The area on which the facility is located shall be landscaped and maintained in conformance with the
general character of the surrounding area.

D)
Where all facilities and equipment are entirely within a completely enclosed building, the minimum lot
may be as follows: lot width shall not be less than the total width of the building plus the total of the
minimum required side yards; lot depth shall not be less than the depth of the building plus the minimum
required front yard plus the three- foot minimum rear yard.
E) Where facilities or equipment are located outside the completely enclosed building, no such facilities or
equipment shall be located closer than 15 feet to any side or rear lot line.
F) If transformers are exposed there shall be provided an enclosing fence or wall, at least six feet in
height.

Ord. 8612, passed 12- 2- 08)

1. 50. 045 SERVICE STATIONS/ CONVENIENCE CENTERS wiTH FUEL PUMPS.

In districts where service stations/ convenient centers with fuel pumps are permitted, the establishment of
such uses shall be subject to the following additional requirements.
A) All fuel pumps, lubrication devices, overhead canopies, and freestanding or projecting weather
protection devices shall be located at least 20. feet from any street right- of-way and adjacent lot line.
B) The total height of any overhead canopy or weather protection device shall not exceed 20 feet.
C) Open storage of inoperative or unlicensed motor vehicles, other than motor vehicles for rent, shall not
be permitted for a period of more than 48 hours.

34
 D) No sales of motor vehicles, trailers, or campers shall be permitted.
E) All goods offered for sale by a service station/ convenience center with fuel pumps, including those
generally required for the operation and maintenance of motor vehicles, shall be displayed immediately
adjacent to or within the principal structure.

F) The entire site, other than that part devoted to landscaping and buildings, shall be surfaced with
concrete or bituminous surfacing to control dust and provide adequate drainage. Such surfaces shall be
designed to meet the requirements of a minimum four -ton axle load.

G)
Wherever a site abuts a residential district, a fence or compact hedge planting, which is a minimum
25% opaque, and not less than six feet high, shall be erected and maintained along the side and rear lot
line that abuts the residential district. Application of this provision shall not require a fence within 15 feet
of any street right-of-way.
H) All trash, garbage, refuse, rubbish and waste materials and obsolete automobile parts shall be stored
within a separate enclosure behind the principal structure of the service station/ convenience center.
1) All rental campers, trailers, or motor vehicles shall be stored within the rear or side yard. Rentals shall
not be stored within the front yard setback.
J) All outside parking spaces shall be approved by the Department of Public Development.
K) All outdoor illumination shall be provided with lenses, reflectors, or shades which will concentrate the
light upon the premises so as to prevent any undue glare or rays of light from being directly visible upon
any adjacent street, roadway, or private property occupied for residential purposes.
L) Notwithstanding anything to the contrary in other sections of this Ordinance, the following minimum
requirements shall be observed for yards and setbacks for service stations/ convenience centers with fuel
pumps; lot width, 150 feet; front yard, 60 feet; side yard adjacent to another lot, 30 feet; side yard
adjacent to street, 60 feet; rear yard, 30 feet.

Ord. 8612, passed 12- 2- 08)

150. 046 SOLID WASTE LANDFILLS.

In any district where a sanitary landfill is permitted, all requirements of the State Environmental Protection
Agency and the U. S. Environmental Protection Agency shall apply.

Ord. 8612, passed 12- 2- 08)

150. 047 TELECOMMUNICATION TOWERS.

In zoning districts where telecommunication towers are permitted, the establishment of such towers shall be
subject to the following requirements. -

A) Principal or Accessory Use. A telecommunication tower may be considered either a principal or

accessory use. Another principal use of an existing building on the same lot shall not preclude the
installation of a tower on such lot.

B)
Tower Separation. No telecommunication tower shall be constructed within 500 feet of an existing
telecommunication tower unless the owner proposing the new tower demonstrates that an attempt to co -
locate onto the existing tower was made and dismissed as infeasible for reasons other than competitive r

conflict.

C) Height. In the AG, RR, R- 2, P- 1, B- 2, B- 3 or B- 4 zoning districts, a telecommunication tower may be i

erected to a maximum height of 150 feet above the adjacent ground level. In the industrial zoning 4

districts, a tower may be erected to a maximum height e€ 180fieet above the adjacent ground -Level. - - --
Measurement of tourer height shall include a
structure.

35
 D)
Setbacks. A telecommunication tower shall meet the lot setback requirements of the underlying zoning
district in which they are to be located except towers -in -the R- 2, P 1,- B- 2, B- 3 or B- 4 districts shall not be
placed closer than 100% of its height from a lot line. In addition, a tower shall be setback from existing
principal buildings by at least 50 feet.

E)
Fencing. A telecommunication tower shall be completely enclosed by a solid fence not less than six
feet in height.

F) Telecommunication towers shall be designed to blend into the surrounding environment through the
use of color and camouflaging treatments, except where this would conflict with other state or federal
requirements.

G)
Telecommunication towers shall be of a monopole design unless the Zoning Administrator determines
that an alternative design would blend better with the surrounding environment.
H) No rungs or other appendages used for the purpose of tower access shall be located within 20 feet of
the ground.

1) Any telecommunication tower that is no longer being utilized as such shall be disassembled and
removed by the tower owner within 90 days after notice from the City to remove the tower. If the owner of
the abandoned tower cannot be located or is no longer in business, the requirements of this Section shall
be the responsibility of the landowner on whose lot the tower. is located.

Ord. 8612, passed 12- 2.-08)

SUPPLEMENTARY DEVELOPMENT RF.GULATIONS

1. 50. 060 LOT REQUIREMENTS.

A) Except as otherwise specified in this subchapter, all lots shall be subject to the lot requirements
in Table IV- 2 of this chapter.

B)
Number of principal buildings on a lot. Every principal building hereafter erected or structurally altered
shall be located on a lot, and in no residential zoning district shall there be more than one principal
building on alot, except as provided in this section or elsewhere in this chapter. In the event that a lot is to
be occupied by a group of two or more related principal buildings to be used for multi -family dwellings, institutional,
or hotel purposes, there may be more than one principal building on the lot when adequate open
space is provided between all buildings. The required minimum width of this open space shall be determined
in relation to the height and length of each building wall and the placement of walls therein, as fol ows:
1)

If
the wall contains one or more windows, the minimum width of the open space shall be 15 feet, plus two
feet for each story in height, plus one foot for each 15 feet in length of the wall. 2)
If
the wall contains no windows, the minimum width of the open space shall be five feet, plus one foot for
each story in height, plus one foot, for each 15 feet for the length of the .wall C)
Lot
frontage. In order to be considered a legal lot,a lot must have frontage_on_
a_
public - street-or private lane.
This frontage must be at least 30 feet in width. , D)

Combination
of contiguous lots.When two or more lots are contiguous and are held in one ownership, they
may be combined to create a single lot for purposes of meeting yard- regairements- to-
construct - improvements.
Upon construction of such improvements, the lot shall be considered one lot. E)

Division
of lots. No improved lot shall hereafter be divided into two or more lots and no part of a lot —shall
be sold unless all resultant lots conform to all lot requirements for the district in which the lots are located.
36
 F) Exception to minimum lot area and width. A lot of record that does not meet the minimum lot area
and/ or width requirements for the zoning district in which it is located may still be improved provided the
lot has a lot width of at least 40 feet at the building line and is at least 5, 000 square feet in area, and can
provide side yards ( when required) of at least five feet and can. meet all other bulk requirements of this
Ordinance.

G) Lots developed with individual water and sewage systems. In any district where private water and
sanitary sewage systems are used instead of public utilities, the minimum lot area, width and depth shall
be subject to approval of the Zoning Administrator after conformance with County Health Department
regulations. No building or structure served by a private sanitary sewer system shall be allowed within
300 feet of the high water level of Lake Vermilion.

H) Lots for common lot line dwellings. Minimum lot area and lot widths for common lot line dwellings shall
be as follows:

1) If a common lot line dwelling contains two units, each lot shall be 1/ 2 the required lot area and lot
width of the underlying zoning district.
2) If a common lot line dwelling contains three or more units, each lot shall be a minimum of 2, 000
square feet and have a minimum width of 20 feet.

Ord. 8612, passed 12- 2- 08)

150. 061 YARDS AND SETBACK REQUIREMENTS.

A) Except as otherwise specified in this subchapter, all improvements on a lot shall be subject to and in
compliance with the yard and setback requirements in Table IV- 2 of this chapter.

B)
Visibility triangle at intersections. On corner lots, no obstruction greater than five inches in diameter or
higher than 30 inches above the centerline grade of the intersecting streets, shall be permitted in the
following described triangle area of any required front yard. The visibility triangle shall be as follows: from
the corner property pin at the intersection of the two street right- of- way lines, measure along the property
lines a distance of 20 feet to form the legs of the triangle, then connect those two end points to close the
triangle. In addition, at any intersection involving a collector or arterial street as designated in the City's
Comprehensive Plan, the visibility triangle shall increase to 30 feet. This requirement will be waived only if
the subject intersection is signalized to assure safety.
C) Front yards for corner lots and through lots. For any corner lot or through lot, both frontages shall
comply with the front yard requirement of the district in which it is located, except that neither the
buildable width nor depth of the lot shall be reduced to less than 30 feet. The rear lot line of a rectangular
shaped lot with frontage on two intersecting streets shall be that line which is parallel to the narrower of
the two street frontages.

D)
Location of required yards. All yards and open spaces required by the provisions of this chapter shall
be located on the same lot as the principal building or use. No portion of a lot, used to document
compliance with the provisions of this chapter, shall be used to satisfy minimum bulk requirements for any
other lot, either through change of ownership or other means, if the portion to be reallocated would cause
the original lot to fall below the minimum requirements of this chapter.

E)
Yards for common lot line dwellings. Each lot which contains a common lot line dwelling unit shall be
considered separate and independent from adjoining common lot line dwelling units for the purpose of
determining front and rear yards. No side yard setback shall be required for interior lots or for the interior
portion of end lots for common lot line dwellings.
F) Average setback. In all residential zoning districts, the front yard may be reduced to a setback equal to
the average alignment of existing principal buildings on the same side of the street upon meeting the
following conditions:
1) 51% or more of the lots on the same side of the street, within the same block, are improved with

principal buildings;

37
 2) 75% of the principal buildings extend into the required front yard;
3) No principal building shall project beyond the average alignment of existing principal buildings which
are located on the same side of the street, within the same block, and within 200 feet of the proposed
principal building;

4)
No principal building shall project beyond the shortest depth of existing front yards on the lots
abutting on each side.

Ord. 8612, passed 12- 2- 08)

150. 062 PROJECTIONS AND ENCROACHMENTS IN YARDS.

A) No building or structure, or portion of a building or structure, shall be erected in, occupy, or obstruct a
required yard, except for the following:

1) Cornices, eaves, chimneys, planters, or other similar architectural features may encroach no more
than two feet into a required yard, but in no case less than three feet from a side lot line.
2) Open, unenclosed, uncovered porches at ground level may encroach into a required yard not more
than six feet, but in no case less than five feet from a lot line.

3) Fire escapes may project into a required yard not more than four feet. This encroachment or
projection shall not be permitted on new construction.
4) Patios, may be covered by a roof, but shall not be enclosed by walls and shall encroach no more
than ten feet into the required rear yard.
5) Decks, provided they are no more than one foot in height from the ground, may extend into any
required side or rear- yard not more than three feet.
6) Driveways, walks and fences, provided fences comply with the visibility requirement for intersections.
7) Accessory structures in the residential zoning districts are permitted in required side and rear yards
provided they do not encroach to within less than five feet from a side or rear lot line.

8) Canopies, balconies, roof overhangs, or other similar features not included in the foregoing divisions,
may project into a required front or rear yard not more than three feet.

Ord. 8612, passed 12- 2- 08)

150. 063 BUILDING HEIGHT REQUIREMENTS.

A) Except as otherwise specified in this article, all improvements on a lot shall be subject to and in
compliance with the maximum height in the applicable zoning district as indicated in Table IV- 2 of this
chapter.

B) Exceptions to maximum height requirements. The height limitations of Table IV- 2 shall_ not apply to the
following:.

1) Barns, silos and other farm structures, spires, belfries, cupolas, penthouses, donies,_monuments;_ flag
poles, radio and television towers, water storage tanks, windmills, chimneys, smoke stacks, ventilators,
parapet walls, cornices without,,windows, or other necessary mechanical appurtenances usually carried
above the roof level, except within the approach surface as defined within the Airport Hazard Zoning
Regulations for the Vermilion County Airport, which shall be available n County airport- --
Authority.

2) Places of public assembly in religious institutions, schools, -and -other public buildings may be erected
to a height not to exceed 75 feet, provided that for each two feet by -which the height of such building
exceeds the maximum height otherwise permitted in the district, the side and rear yards shall be
increased by one additional foot.

38
Ord. 8612, passed 12- 2- 08)

150. 064 OFF-STREET PARKING.

A) Applicability. Off- street parking shall be provided in accordance with the provisions of this section
whenever a building or structure, is erected, converted, enlarged, or structurally altered, or whenever a
use of land, building, or structure is established, expanded or changed. This requirement shall not prohibit
the owner of an existing building occupied by a conforming use from enlarging or structurally altering said
building for the purpose of meeting the minimum requirements of applicable health, fire, and safety
regulations.

B)
Location of Parking Areas. All off- street parking spaces required by this section shall be located on the
same lot as the use to which they areaccessory, except as provided herein.
1)
Off-street parking areas may be located on a lot other,than the lot of the principal use provided the
other lot is located in the same zoning district as the principal use and is:
a)
Within a radius of 100 feet in a residential Zoning District.
b) Within a radius of 200 feet in a business or professional Zoning District.
c)
Within a radius of 500 feet in the A- 1, M or 1- 2 Zoning District.
2) Accessory parking lots and the lot containing the principal use for which the parking is required shall
be held under unified ownership or controlled as required for a lot.

3) Parking areas in a required yard are prohibited except in the following instances:
a)
Access drives clearly serving single family or two family dwelling units may contain required parking
in the required front or side yard except that such area devoted to parking and access thereto shall not
exceed 50% of the total lot width. Such spaces maybe stacked.

b) Parking areas may be located in a required side or rear yard provided that the parking is located
behind the rear face of the principal building. In the case of a lot with no principal building on which a
principal use parking lot is to be located, parking may occupy the side and rear yards,
c)
Parking areas in the B- 2, B- 3, and P- 1 Zoning Districts may extend into the required front yard
setback if a landscaped buffer yard is maintained in accordance with 150. 067 of this chapter.
d) Parking areas in the B- 2, B- 3 and P- 1 Zoning Districts may extend into the required side yard if the
adjacent lot is also zoned B- 2, B- 3 or P- 1 and a landscaped buffer yard is maintained in accordance
with 150. 067 of this chapter.

C)
Design Standards for Parking Areas. The requirements.in th€s' subsection shail apply to the design and
construction of all parking areas, regardless of whether said area is required parking or in excess of
required parking. "
1)
All parking aisles and parking spaces shall be entirely within the lot lines and not in a public right- of-
way. Additionally, parking areas shall be designed so the maneuvering requirements are accomplished
without backing into adjacent public right- of-way.
2) All parking areas shall be designed or arranged so that no vehicle can have direct access to or
egress from any, off- street parking space to a public right- of- way.
3) Parking spaces shall be arranged so that no part of any vehicle overhangs any public right- of-way or
adjoining property.

4)
Stack parking shall not be allowed to meet parking requirements except for single and two- family -
dwellings.

39
 5) All off- street parking areas, including areas used to sell vehicles which require State of Illinois
licensing, and access ways shall be paved with a hard surface, including oil and chip, concrete, asphalt,
or brick with the work completed in accordance with specifications provided in the most recent version of
the " Standard Specifications for Road and Bridge Construction" adopted by the Illinois Department of
Transportation.

6) All parking areas shall be pitched and drained so as to prevent the flow of water from such areas
directly onto adjoining property.
7) All off- street parking areas shall comply with the landscaping and screening provisions of this
chapter.

8)
All off-street parking areas that have parking spaces abutting a property line, required landscaping or
screening materials, building, or some other structure shall be required to have wheel stops of masonry,
steel, or heavy timber placed so as to prevent the protrusion of vehicles over property lines or into
buildings, fences or required screens.

D) Required Number of Parking Spaces. Except as otherwise provided herein, whenever a use is
established or a building or structure is erected, enlarged or converted to another use the minimum off-
street parking space requirements in Table IV- 1 shall apply. In the case of a use that is not specifically
listed in Table IV- 1, parking shall be provided according to the requirements for the use to which it is most
related or similar as determined by the Zoning Administrator.
1)
Off-street parking spaces are not required for permitted business and office uses in the B- 4 Zoning
District.

2)
Two or more buildings or uses may collectively supply the required off- street parking spaces provided
the total of such off- street parking spaces supplied collectively shall not be less than 85% of the sum of
the requirements computed separately and provided the provisions of this section governing the location
of off- street parking are fully complied with.
3)
In the case of uses where floor area is the unit for determining the required number of off- street
parking spaces, floor area shall mean the gross floor area as defined in 150. 010, but exclusive of such
floor areas the Zoning Administrator determines to be utility equipment rooms or storage closets.
E)
Handicapped Parking. When federal or state law or local ordinances require handicapped accessibility,
all off- street parking areas, except those servicing single family and two- family dwelling units, shall have
an appropriate number of handicapped parking spaces in conformance with Table VI- 1 hereinafter set
forth.

1) Handicapped spaces shall be located adjacent to an accessible building entrance.

2) Handicapped parking spaces shall be at least 16 feet wide and 18. 5 feet in length and shall include
an eight -foot wide access aisle. Adjacent handicapped parking spaces shall not share a common access
aisle.

3) The design of handicapped parking spaces shall comply with the State of Illinois Accessibility Code
as amended. When the requirements of this subsection and the State code differ, the more restrictive of
the two standards shall apply.

TABLE VI- 1. HANDICAPPED PARKING SPACES

Total # of Parking Spaces Provided of Handicapped Parking Spaces Required

1 to 25 1

26 to 50 2

51 to 75 3

40
 76 to 100 4

101 to 150 5

151 to 200 6

201 to 300 7

301 to 400 8

Total # of Parking Spaces Provided of Handicapped Parking Spaces Required

401 to 500 9

501 to 1, 000 2% of total # of parking spaces provided

Over 1, 000 20 plus 1 for each 100 over 1, 000

F)
Standards for Parking Spaces. Parking spaces shall be provided either in garages or parking areas
that conform to the provisions of this section.

1)
Each standard off-street parking space shall not be less than nine feet wide and 18 feet long ( 162
square feet).

2)
Each parallel off- street parking space shall not be less than nine feet wide and 22 feet long ( 198
square feet).

G)
Sales in Parking Areas. It shall be unlawful to maintain a permanent outdoor sales area in required off-
street parking spaces. Temporary sales shall not occupy any spaces designated for handicapped parking
or emergency access. Temporary sales may be conducted on other parking spaces under the following
conditions:

1) Temporary sales are allowed at any time in parking areas that exceed the minimum required number
of spaces provided the products sold or services provided shall be the property of and sold by personnel
employed by an on premise business, except transient merchants licensed and approved in conformance
with the applicable provisions of the City code shall be exempt from the provisions of this division.
2) Temporary sales in required spaces shall not exceed a total of 90 days in any one -.year.
3)
No displays or product shall be located in such a way as to create, in the opinion of the Zoning
Administrator, a safety problem for people moving in and around the area in vehicles.

Ord. 8612, passed 12- 2.-08)

450. 065 OFF- vTRE T LO- DING.

A) Applicability. Off- street loading facilities shall be provided in accordance with the provisions of this
section whenever a building or structure is erected, converted, enlarged, or structurally altered, or
whenever a use of a building or structure is established, expanded or changed in which a non- residential- i

use requires loading and unloading of materials or goods on a routine -basis. -This -requirement shall -not --
prohibit the owner of an existing building occupied by a conforming use -from -enlarging or structurally ---- - --- -
altering said building for the purpose of meeting the minimum requirements of applicable health, fire, and
safety regulations.

B) Location of Loading Areas. All off- street loading spaces -shall -be- t _ - --
be served. No off- street loading areas shall be iocated in a -required fro
loading areas maybe located in a required rear yard.

41
 C) Design Standards for Loading Areas. The requirements in this division shall apply to the design and
construction of all loading areas, regardless of whether said area is required loading spaces or in excess
of required loading spaces.
1)
All off-street loading areas and access ways shall be paved with a• hard surface, including concrete or
asphalt, with the work completed in accordance with specifications provided in the most recent version of
the " Standard Specifications for Road and Bridge Construction" adopted by the Illinois. Department of
Transportation.

2)
All loading areas shall be pitched and. drained so as to prevent the flow of water from such areas
directly onto adjoining property.
3)
All off-street loading areas shall comply.with the landscaping and screening provisions of this
chapter.

4)
All loading areas shall be served by appropriate means of access to a street or alley in a manner
which will least interfere with traffic movements as determined by the City Engineer.
D)
Required Number of Loading Spaces. Off-street loading spaces shall be required in accordance
with Table VI- 2 hereinafter set forth. In no case shall off- street loading spaces be considered as part of
the area provided to satisfy off-street parking requirements.
E)
Standards for Loading Spaces. Each loading space shall be at least 12 feet in width by 50 feet in
length and shall have a vertical clearance of at least 14 feet.

TABLE VI- 2. LOADING SPACES

Floor Area of Building Off-street Loading Spaces Required

1, 000 to 19, 999 1

20, 000 to 79, 999 2

80, 000 to 129, 999 3

Floor Area of Building Off-street Loading Spaces Required

130, 000 to 1. 89, 999 4

190, 000 to 249, 999 5

250, 000 to 319, 999 6

320, 000 to 399, 000 7

Plus 1 space for each additional 75, 000 square feet

Ord. 8612, passed 12- 2- 08)

150, 066 ACCESS DRIVES.

A) Applicability. All off- street parking areas shall be provided with appropriate means of vehicular access
to a public street or alley in a manner which will least interfere with traffic movements.

B) Standards. The requirements in this division shall apply to the design and construction of all access
drives.

42
 1) No lot shall have more than two access drives per frontage and no access drive shall be located less
than 200 feet from any parallel access drive on the same lot.

2) An access drive shall have a minimum width of at least eight feet to a private garage and ten feet to
other off- street parking areas. In no case shall any access way from a public street exceed 24 feet in
width unless approved by the City Engineer.
3) Access drives shall intersect an abutting street, at approximately a right angle, with variations not to
exceed 20 degrees.

4) No access drive shall be within 30 feet of a corner formed by the intersection of the rights -of -way of
two or more streets. On a corner where a traffic signal or stop sign exists, the access way shall be located
at such distance and in such manner so as not to cause or increase traffic hazard or undue congestion.

5) A distance of not less than 40 feet shall be provided between all access drives unless the City
Engineer determines otherwise.

6) All access drives shall be paved with a hard surface, including oil and chip, concrete, asphalt, or brick
with the work completed in accordance with specifications provided in the most recent version of the
Standard Specifications for Road and Bridge Construction" adopted by the Illinois Department of
Transportation.

7)
If a public alley is utilized as an access drive for a non- residential use, the intersection of said alley
and the adjoining street and that portion of the alley adjoining the subject parcel( s) used for access shall
be reconstructed and/ or paved according to specifications provided by the City Engineer.
Ord. 8612, passed 12- 2- 08)

150. 067 LANDSCAPING.

A) Applicability. Landscaping shall be provided in accordance with the provisions of this section whenever
a building or structure is erected, converted, enlarged, or structurally altered, or whenever a use of land,
building, or structure is established, expanded or changed. This shall not apply to single and two- family
dwellings or agricultural uses.

B) Landscaping Plan. When landscaped areas or screens are required, a landscaping plan shall be
submitted showing the elements listed below. The landscaping plan may be shown on a required site plan
or may be submitted as a separate document. The landscaping plan shall be drawn to scale and shall
include dimensions, property lines, locations of buildings and structures, parking areas and access drives.
The landscaping plan shall also include the following:
1) Location of trees, shrubs and ground cover to be planted;
2)
Location of any existing trees, shrubs, or ground cover that. will remain to satisfy the requirements of
this section;

3) Any walls, fences or berms being erected or installed to meet the requirements of this section or
150. 068.

C) Standards for Plant Materials. Plant materials required for landscaping or screening purposes shall be
provided in accordance with the following requirements.
1) Trees. Trees shall be divided into two categories as described below. All trees shall be a minimum of
seven feet in height at planting. No trees may be planted closer together than the following: small trees -
25 feet, large trees - 75 feet.

a)
Large ( shade) trees. Trees that are self supporting, woody plants of species which normally grow to
a height of at least 30 feet in East- Central Illinois.

b)
Small ( flowering) trees. Trees that are self supporting, woody plants of species which normally grow
to a height of at least 15 feet in East- Central Illinois.

43
 2) Shrubs. Shrubs shall be a minimum of two feet in height at planting
3)
Ground Covers. Ground covers used in lieu of grass in whole or in part shall be planted in such a
manner as to present a finished appearance and reasonably complete coverage within one year after
planting.

4) Grass. Grass may be sodded, plugged, sprigged, or seeded except that solid sod shall be used in
swales or other areas subject to erosion. Grass areas shall be planted in species normally grown in East-
Central Illinois.

D) Off- street Parking Areas and Other Vehicular Use Areas. Landscaping shall be provided in and around
all off- street parking areas and around all other vehicular use areas in accordance with this division.

1)
Perimeter. The perimeter of all off- street parking areas and other vehicular use areas fronting on a
public street shall have a minimum setback of ten feet between the edge of the right- of- way and the edge
of the parking area and a minimum setback of five feet between abutting lots and the edge of the parking
area. These areas shall be maintained as landscaped bufferyards and shall be landscaped in accordance
with the following provisions. Landscaping shall include one large tree for each 75 linear feet but no less
than one large tree per landscaped bufferyard. Such trees shall be located in the landscaped bufferyard
and shall be planted in a planting area of at least 25 square feet with a minimum dimension of five feet.
The landscaped bufferyards shall also contain a minimum of six plant units of landscape material for each
75 linear feet as set forth in Table VI- 3. The remainder of the landscaped areas shall be landscaped with
grass, ground cover or other acceptable landscape treatment of which 70% must be live plant material.
The following exceptions apply to the aforementioned -
a) Corner lots that adjoin two public streets may reduce the size of the landscape bufferyard described
above to five feet in depth on one of the frontages.

b) Access drives from the public right- of-way through such landscaped bufferyards shall be permitted
to service the parking or other vehicular use areas and such access drives may be subtracted from the
linear dimension used to determine the number of large trees required.

c) When an off- street parking area or other vehicular use area is used for commercial display
purposes, the ten -foot landscaped bufferyard at the front of the property need not contain large trees or
landscape material as set forth in Table VI- 3. but shall be landscaped with grass, ground cover or other
acceptable landscape treatment of which 70% must be live plant material.

TABLE VI- 3. LANDSCAPE PLANT UNITS

Plant Type I # of P
' lant Units

Small ( Flowering) Trees 3

Evergreen Shrubs 2

Deciduous Shrubs

2) Interior. Off-street parking areas and other vehicle use areas with an interior area of at least 32, 000 -
square feet shall provide interior landscaping. in the amount of_5% - of_that area which is within the parking_
or other vehicular use area perimeter. Landscape islands shall be. located at the ends of all rows of
parking. For rows of parking greater than 30 spaces in length, there shall be additional islands at a rate of
1 per 20 spaces. Landscape islands shall be at least 100 square feet with a minimum interior dimension
of five feet and shall be protected by a barrier curb. Each island shall contain at least one tree. Islands
may be evenly spaced in between the two end islands or combined_to-form-one-large island._A_combined
island shall be equal in size and planting material to the total of the individual islands being combined. In
no case shall there be more than 60 spaces between landsca- The wmai~ d_raf the-

44
 landscape islands shall be landscaped with grass, ground cover or other acceptable landscape treatment
of which 70% must be live plant material. The following exceptions apply to the aforementioned:

A continuous planting strip between rows may be substituted for the required landscaped islands.
a)

The planting strip shall be a minimum of six feet in width and shall be protected by a barrier curb. There
shall be a minimum of six plant units of landscape material for each 75 linear feet as set forth in Table VI-
3. -

b)
When the off- street parking area or' other vehicular use area is used for commercial display
purposes, trees shall not be required for interior landscaping islands.°
c)
In other vehicular use areas wherethe strict application of this subsection will seriously limit the function
of said area, the required landscaping may be located, near the perimeter of the paved area including
such perimeters which may be adjoining to a building on the site. Such required interior landscaping
which is relocated as herein provided shall be in addition to the perimeter landscaping requirements.
E)

Exterior Building Walls. Landscaping shall be provided along any blank exterior building wall that fronts a
public street in ac ordance with this subsection. There shall be a minmum of six plant units of landscape
material for each 75 linear feet of wall as set forth in Table VI-3. This landscape material shall be
instal ed within 20 feet of the building foundation. F)
Other Open Areas. The portions of a property that are not paved for off-street parking areas or vehicular
use areas or in the required landscaped bufferyards shall also be landscaped with grass or other
approved landscape materials. G)

Preservation of Existing Plant Materials. Existing plant material that meets the requirements of this section
and which will be preserved on the subject property following completion of the development, may be
counted as contributing to the landscaping requirements. H)
Instal ation. All landscaping material required by this section shall be instal ed in ac ordance with an approved
landscaping plan prior to the issuance of a certifcate of oc upancy for any building on the subject
property. 1)

Mainte c. The continued maintenance of all required landscaping shall be the responsibil ty of the owner
of the property on which said materials are required. All plant materials required, by this section shall
be maintained as living vegetation and shall be promptly replaced if the plant material has died. Planting
areas shall be kept free of trash, litter, and weeds at all times. Ord.

8612, passed 12-2-08) 150.

068 SCREENING. A)

Applicabil ty. Screening shall be provided in ac ordance with the provisions of this section whenever a building
or structure is erected, converted, enlarged, or structural y altered, or whenever a use of land, building,
or structure is established, expanded or changed. Screening requirements may be waived by the Zoning
Administrator where the view is or will be blocked by a change in grade, by the natural vegetation, or
by man- made features. B)

Types of Screens. The following shall be the permit ed types of screens for meeting the screening requirements
for incompatible uses in division ( C)below. 1) `

Type A Scre ning. This screen shall consist of a fence or wall not more than six feet in height along the
lot line. 2)

Type B Scre ni g. This screen shall consist of a five- foot bufferyard and a fence, wall or landscaping placed
along the lot line. A fence or wall shall be at least six feet in height, while landscaping shall attain a height
of at least six feet within two years. If landscaping is used as the screen the landscaping shall be pr-ovided
in ac ordance with the requirements for landscaping the perimeter of off-street parking areas.=^ 45
 3)
Type C Screening. This screen shall consist of a ten -foot bufferyard and a fence, wall or landscaping
placed along the lot line. A fence or wall shall be at least six feet in height, while landscaping shall attain a
height of at least six feet within two years. If landscaping is used as the screen the landscaping shall be
provided in accordance with the requirements for landscaping the perimeter of off- street parking areas.
C) Screening Incompatible Uses. The provisions of this subsection are intended to reduce the
incompatibility between Zoning Districts of differing types and intensities. Whenever land uses of differing
intensities are adjoining one another or across a public alley from one another, screening shall be
provided in accordance with Table VI- 4 hereinafter set forth.

1) In addition to the required screen located in a bufferyard the remainder of a screened bufferyard shall
be landscaped with grass, ground cover or other acceptable landscape treatment of which 70% must be
live plant material.

2)
If any or all of the bufferyard is already provided on the adjoining property, the subject property shall
provide only the amount of the bufferyard which is not provided on the adjoining property.
TABLE VI- 4. SCREENING REQUIREMENTS

Zoning of Adjacent Property

Zoning of Subject Property
R- 1 R- 2 R- 3 R- 4 MHP P- 1 B- 1 B- 2 B- 3 B- 4 1- 1 1- 2

R- 1 N N N N N N N N N N N N

R- 2 N N N N N N N N N N N N

R- 3 A N N N N N N N N N N N

R- 4 A A N N N N N N N N N N

MHP B A N N N N N N N N N N

P- 1 B A N N N N N N N N N N

B- 1 B A N N N N N N N N N N

B- 2 B B B A A A A N N N N N

B- 3 C C B B B B B A N N N N

B- 4 C C B B B B B A N N N N

1- 1 C C C B B B B B B B N N

1- 2 C C C C C C C C
C I C I N IN

A = Type A Screen, B= Type B Screen, - C = Type- C Screen, N= No Screen-

D) Screening Utilitarian and Storage Areas. Utility areas accessory to a building, including but not limited— -
to loading docks, mechanical equipment, dumpsters, and outdoor storage yards for construction
materials, machinery, or inoperable vehicles, which are visible from public right- of-way or adjacent
property that is in residential use or in a residential zoning district, shall be screened with a 100% opaque
wood fence, masonry wail, earthen berm, landscaping, or any combination which provides a minimum
height of six feet and ensures that-suchlocations- are -notvisible- from any -public right- of-way oradjacent ---
property.

46
 E) Standards for Plantings. All planting materials utilized to satisfy the requirements of this section shall
conform to the standards of § 150. 067 ( F) of this chapter and shall reach a height of at least six feet or
greater within three years.

F) Standards for Fences and Walls. The following regulations shall apply to all fences and walls,
regardless of whether or not the fence or wall is required to be installed to meet the requirements of this
section of this chapter. All fences shall be decorative solid wood or vinyl or another material approved by
the Zoning Administrator. Walls shall be masonry or concrete. All fences and walls shall be at least six
feet, but not more than ten feet, in height and shall form a solid screen. Fences and walls may be located
along lot lines. The following exceptions apply to the aforementioned:
1)
Fences and walls exceeding six feet in height shall be subject to the minimum setback requirements
of the Zoning District in which the fence is located.
2) Fences constructed in front yards in Residential Districts shall not exceed four feet in height and shall
be at least 70% open. Fences erected in either side or rear yards in Residential Districts shall not exceed
six feet in height.

3)
No barbed wire or other such sharp pointed fence and no electrically charged fence shall be erected
or maintained except in the A- 1 or I - Districts. Any strand of barbed wire shall be at least seven feet above
ground level,

4)
No permanent fence or retaining wall shall be constructed or erected within any public street or alley
right- of- way unless authorized by the City Engineer. Fences erected on public easement or across
ditches shall be so constructed that drainage shall not be obstructed, and, in event of necessity for
removal of the fence for maintenance or other purpose, removal or replacement of the fence or other
improvement shall be the responsibility of theproperty owner. G)
Instal ation of Screens. All planting materials utilized to satisfy the requirements of this section shall be instal ed
in ac ordance with.an approved landscaping plan prior to the issuance of a certifcate of oc upancy
for any building on the subject property. H)
Maintenance
of Screens. The continued maintenance of all required screening shall be the responsibil ty
of the owner of the property on which said materials are required. All plant materials placed to
meet the requirements of this section shall be maintained as living vegetation and shall be promptly replaced
if the plant material has died. Planting areas shall be kept. free of trash, litter,, and weeds at all times.
Fences and walls should be kept in good repair and shall be promptly repaired or replaced to the original
required state when necessary. Ord.

8612, passed 12-2-08) 150.

069 LIGHTING. A)

General.
On site lighting shall be provided where hazards exist which can be minimized by lighting or where
the use extends into hours of darkness. The lighting of parking areas, drives and walks shall be required
in such a man er, as is described in this section in the interest of public safety and security. Light fixtures
shall operate from dusk until dawn or until the business closes. for the night. The owner shall maintain
all lights and lights shall be kept in working order. B)
Parking lot lighting. All parking iots containing more than 10 spaces but less than 50 spaces shall provide
at least one freestanding lighting fixture for every ' 10 parking spaces. All parking lots containing 50
or more spaces shall submit a lighting plan to the Zoning Administrator which demonstrates that adequate
illumination will be provided to meet I. E. S. iluminance level guidelines.——C)
Lighting standards. The maximum height for lighting fixtures shall be as fol ows: 1)
A light fixture with no cutoff or total cutoff of light at an angle greatei than 90Ztegrees: 10 feet to residential
zoning districts, 15 feet in B- 1, B- 4, and P-1 zoni g distric' ,..
1- ,__
2 zoning districts..47
 2) A light source with total cutoff of light at an angle less than or equal to 90 degrees: 15 feet in
residential zoning districts, 20 feet in B- 1, B- 4. and P- 1 zoning districts, and 30 feet in the B- 2, B- 3, 1- 1 and
1- 2 zoning districts.

3)
Lighting fixtures within 50 feet: of a property in a 'residential zoning district shall have a total cutoff of
light at an angle of less than. 90 degrees and be located so that the bare light bulb or lamp is completely
shielded from the direct view of an observer five feet above the ground at the point at which the cutoff
angle intersects the ground. Such light shall face away from any property in a. residential zoning district.
D)
Intensity of lighting. Any light fixtures used for the illumination of parking areas, swimming pools, or for
any other purpose, shall be arranged in such a manner as to direct the light away from adjoining
properties and away from the vision of passing motorists.
E) Exempt lighting. The following uses shall be exempt from the lighting standards in this section:
1) Ball diamonds, tennis courts and other recreational playing fields.
2) Street lights and traffic control fixtures on utility poles.
F) Prohibited lighting. The following lighting is prohibited for all uses in all zoning districts:
1) Flickering or flashing lights.

2) Laser lights or holograms.

Ord. 8612, passed 12- 2- 08)

150. 070 EROSION CONTROL.

Development of any lot where the slope of the lot exceeds 12% within 50 feet of any wall of the principal
building shall be subject to the following additional requirements in order to control erosion.
A) The site plan submitted for the development shall include two foot contour intervals.

B)
A stable angle of reclines for the properties of soil on the lot shall be provided.
C) Adequate evidence must be presented to show that undue erosion will not result from development
and use of the lot. Appropriate steps must be taken to prevent soil and debris from washing from said lots
onto a street, alley, or other public or private property. Structural and mechanical devices shall be
installed to provide reasonable protection against undue hazards created or caused by the development,
such as fences or retaining walls along steep slopes over 12%.

Ord. 8612, passed 12- 2- 08)

150. 071. FLOOD HAZARD AREAS.

Development of any lot located within a floodplain shall not be permitted unless in compliance with the
provisions of Chapter 157 of the Danville Code of Ordinances.

Ord. 8612, passed 12- 2- 08)

150. 072 STORAWATER .MANAGEMENT.

All developments shall be reviewed for applicability of the stormwater management provisions of Chapter
162 of the Danville Code of Ordinances. If the provisions of Chapter 162 are deemed applicable to the
development, changes to the drainage and runoff of surface water shall be assessed as part of the site
plan review of the development. If storm water runoff related to any change to land may affect drainage
systems within the City, the developer or land owner may be asked to provide, at the developer' s
expense, a certification by a licensed design professional retained by the developer or owner, stating that
to the best of their knowledge and belief, the drainage of surface waters affecting the City will not be
changed by the construction or development of the proposed use, building or structure. If surface water

48
 runoff will be increased as a result of the development, or if the impervious area of the site increases,
adequate provision shall be made on the subject lot for the collection and diversion of any excess runoff
as is required by Chapter 162 of the Danville Code of Ordinances. Such excess runoff shall not be
deposited on the property of adjoining land owners or onto City property in such concentrations as may
cause damage to these other properties.

Ord. 8612, passed 12- 2- 08)

1.50. 073 DEVELOPMENT ALONG BOWMAN AVE AND WEST NEWELL ROAD.

In accordance with the Comprehensive Plan and the City's desire to promote sustainable growth, the
following regulations shall apply to development along the North Bowman Ave. and West Newell Rd.
corridors, notwithstanding any requirements herein to the contrary.

A) Any new non- residential use must be adjoining an existing legal non- residential use.
B) Any new non- residential use shall be required to utilize both public sanitary sewers and public water.

Ord. 8612, passed 12- 2- 08)

150. 074 DEVELOPMENT IN THE LAKE VERMILION WATERSHED.

In accordance with the City' s general desire to preserve and protect a healthy drinking water supply, the
following regulations shall apply within that portion of the Lake Vermilion watershed that is upstream from
Fairchild Street and included within the City' s zoning area, notwithstanding any requirements herein to the
contrary.

A) Un- sewered development shall not be permitted within 500 feet of the lake's high water line.
B) Development of intensive, high volume commercial livestock and poultry raising operations, slaughter
houses or other similar uses not specifically protected by state statute, shall not be allowed.
C) Storage of hazardous materials of any type in a quantity sufficient to be regulated by the Illinois
Environmental Protection Agency or other state or federal regulatory agency shall not be allowed.

Ord. 8612, passed 12- 2- 08)

SIGNS

150. 1. 00 GENERAL PROVISIONS.

A) Purpose. The purpose of this subchapter is to protect the public safety, enhance the City' s physical
appearance and promote orderly development of the community through the regulation of signs and sign
structures.

B) Regulation. All signs hereafter constructed, erected, or otherwise established, moved, altered or
changed shall comply with the regulations contained herein. Signs shall be specifically regulated by this
subchapter on the basis of the following factors:
1) The Zoning District in which the sign is displayed,

2) The type of sign,

3) The size of the sign,

4) The height of the sign from the ground,

5) The spacing between signs,

6) The illumination and animation of a sign,

49
 7) The classification of the sign as either an on -premise or off -premise sign.
C) Conformance to codes. Any sign hereafter erected shall conform to the provisions of this chapter and
the provisions of the adopted building code and of any other applicable ordinance or regulation of the
City.

D) General sign types. Sign types allowed shall be as described within this subchapter and depicted
in Appendix C, attached to and made a part of this chapter.
E) Computation of sign area. The area of a sign face shall be computed by determining the area of the
smallest convex geometric figure that can encompass the sign, together with any material or color forming
an integral part of the background of the display or used to differentiate the sign from the backdrop or
structure against which it is placed, but not including any supporting framework or bracing. The
computation of sign area is illustrated for various sign types in Appendix C of this chapter. For the
purposes of computing sign area, a sign with two facings shall be computed as a single sign face if the
two facings are erected at no greater than a 45 degree angle, for a v- type sign, or the distance between
the backs of each facing does not exceed three feet for a double sided sign.

F) Computation of sign heights. The height of a sign shall be computed by determining the distance from
the top of the highest portion of the sign or structure to the grade at the foundation of the sign or the
average grade of the lot, whichever is less. This is illustrated for various sign types in Appendix C.

G) Computation of lot frontage. If a lot contains walls facing more than one property line or encompasses
property frontage bounded by more than one street, the sign area for each building wall or property
frontage will be computed separately. The sign area thus calculated shall be permitted to then be applied
to permitted signs placed on each separate wall or property line frontage.
H) Setbacks for freestanding signs. All pylon and monument style freestanding signs shall be setback a
minimum of five feet from all property lot lines.
1) Signs in public right- of- way. No sign, other than an official traffic sign or similar sign, shall be erected in
a public right- of-way or encroach onto a public right- of-way; unless specifically authorized by other
ordinances or regulations of the City or by specific authorization of the Zoning Administrator.
J) Projections over public right- of- way. Signs projecting over public right- of-way shall be permitted to do
so only in compliance with the projections and clearance limits set forth in 150. 107.

K) Traffic visibility. No sign or sign structure shall be erected at the intersection of any streets in such a.
manner as to obstruct free and clear vision, nor at any location where by its position, shape, or color it
may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.
L) Maintenance and repair. Every sign permitted by this chapter shall be kept in good condition and
repair. When ahy sign becomes insecure, in danger of falling or is otherwise deemed unsafe by the
Zoning Administrator, the owner or user of the sign shall make such sign conform to the provisions of this
chapter or shall remove it within 15, days of a written notification from the Zoning Administrator.
M) Removal of abandoned signs: Any sign that no longer advertises or identifies a use conducted on the
property on which said sign is erected must have the sign copy removed and replaced with a blank white
face within, 30 days of a written notification -from the Zoning Administrator -Any freestanding sign that -is -
non -conforming and that no longer advertises or identifies a. use conducted on the property on which said
sign is erected must have all sign copy and the sign structure, in its entirety, removed within 30 days of a
written notification from the. Zoning Administrator. -
N) Noncommercial signs and messages. Any sign that can be displayed under the provisions of this
subchapter may contain a noncommercial message.

Ord. 8612, passed 12- 2- 08- Am. Ord. 9060, passed 7- 19- 16)
1

150JO PROHIBITED SIGNS.

50
 The following signs shall be expressly prohibited by this chapter:
A) Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal
or device, or obstruct or interfere with a driver' s view of approaching, merging or intersecting, traffic.
B) Signs which blink, flash, or are animated by lighting in any fashion that would cause such signs to have
the appearance of traffic safety signs and lights, or municipal vehicle warning lights from a distance.
C) Signs attached to any utility pole, light. standard, street tree or any other public facility located within the
public right- of-way.

D) Portable signs, except as allowed as .temporary signs.

E) Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for
signs meeting all of the following:
1) The primary purpose of such a vehicle or trailer is not the display of signs.
2) The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as
originally designed by the manufacturer, and do not break the silhouette of the vehicle.

3) The vehicle or trailer is in operating condition, currently registered and licensed to operate on public
streets when applicable, and actively used or available for use in the daily function of the business to
which such signs relate.

F) Balloons, streamers, ribbons or pinwheels except those temporarily displayed as part of a special sale,
promotion or community event. For the purposes of this division " temporarily" means no more than 20
days in any calendar year.

G) Any sign which directs attention to a product, place, activity, person, institution, or business which was
formerly but is no longer in operation or existence on the lot.

Ord. 8612, passed 12- 2- 08)

150. 1. 02 EXEMPT SIGNS.

The following signs shall be exempt from the regulations of this subchapter:

A) Official notices authorized by a court, public body or public safety official.

B) Directional, warning or information signs authorized by federal, state or municipal governments.
C) Memorial plaques, building identification signs and building cornerstones when cut or carved into a
masonry surface or when made of noncombustible material and made an integral part of the building or
structure.

D) The flag of a governmental unit or noncommercial institution, such as a school.

E) Religious symbols and seasonal decorations within the appropriate public holiday season.
F) Street address signs and combination nameplate and street address signs that contain no advertising
copy and which do not exceed four square feet in area.

G) Signs placed by a public utility showing the location of underground facilities.

H) A temporary sign not directed towards or prominently visible from the public right- of-way.

Ord. 8612, passed 12- 2- 08; Am. Ord. 8912, passed 12- 17- 13)

150. 103 PERMITS.

A) No sign shall be erected or displayed unless the Zoning Administrator has issued a permit for the sign
or this subchapter exempts the sign from the permit requirement.

51
 B)
A person proposing to erect or display a sign shall file an application for a permit with the Zoning
Administrator. The application shall contain the following:
1) Name, address, and telephone number of the property owner;
2) Address where sign is to be installed;

3) Zoning of lot where sign is to be installed;

4)
Description of sign to be erected, including specifications for the construction or display of the sign
and for its illumination and mechanical movement if applicable;

5) Location of sign in relation to the building, structure or lot to or upon which it is to be erected;
6) Name, address, and telephone number of person or firm installing the sign, if different from owner;
7)
Such other information as the Zoning Administrator may require.
C)
Upon the receipt of a completed application and payment of the required permit fee, the Zoning
Administrator shall promptly review the application and grant or deny the permit application within seven
days.

D) The following signs are exempt from these permit requirements:

1) Signs exempted from the provisions of this subchapter.
2) Temporary signs listed in 150. 113( C).

Ord. 8612, passed 12- 2- 08)

150. 1.04 I+REESTANDING SIGNS.

A)
One freestanding sign may be displayed on each street or highway on which a lot has frontage in the
following zoning districts: B- 1, B- 2, B- 3, B- 4, P- 1, 1- 1, or 1- 2. Freestanding signs must comply with the
regulations in Table VII- 1.

B) A shopping center may display one freestanding sign at each entrance/ exit. Individual tenants of a
shopping center may not display individual freestanding signs however. No single sign face may exceed
50%
of the total allowable area of the sign. Freestanding shopping center signs must otherwise comply
with the regulations in Table VII- 6.

C)
On a lot zoned B2 and located within 5, 280 feet from the centerline of Interstate Highway 74, the
maximum height for a freestanding sign may be increased to 40 feet and the maximum sign area to 100
square feet, provided the sign is at least 150 feet from any other freestanding sign.

Ord. 8612, passed 12- 2.-08; Am. Ord. 8865, passed 2- 19- 13; Am. Ord. 9060, passed 7- 19- 16)
150. 105 WALL SIGNS.

A)
Wall signs may be displayed by each tenant of a building on a lot in the following zoning districts: B- 1,
B- 2, 13- 3, B- 4, P- 1, 1- 1, or 1- 2. Wall signs must comply with the bulk standards for wall -signs listed in Table -- - -_
VII- 2.

B) Wall signs shall not project above the top or ends of the wall s - ---

Ord. 8612, passed 12- 2- 08)

150. 106 ROOF

OF SIGNS— - - ---

Roof signs shall not be permitted in any zoning district.

Ord. 8612, passed 12- 2- 08)

52
 150. 107 PROJECTING SIGNS.

A)
On a lot where no freestanding sign is displayed, one projecting sign may be displayed on each street
or highway on which the lot has frontage in the following zoning districts: B- 1, B- 2, B- 3, B- 4, 1- 1, or 1- 2.
Projecting signs must comply with the bulk standards for projecting signs listed in Table VII- 3.
B) Any wall area selected for display of a projecting sign shall not exceed and shall be subtracted from the
wall area percentage allocated to wall signs permitted for a lot.
C)
Projecting signs shall be pinned away from the wall at least six inches and must project from the wall at
an angle of 90 degrees. A projecting sign may project no more than five feet from a building.
Ord. 8612, passed 12- 2- 08)

150. 108 AWNING AND CANOPY SIGNS.

A)
One awning or canopy sign may be displayed by each tenant of a building on a lot on each street or
highway on which the lot has frontage in the following zoning districts: B- 1, B- 2, B- 3, B- 4, 1- 1, or 1- 2.
Awning and canopy signs must comply with the bulk standards for awning and canopy signs listed
in Table VII- 4.

B) Any wall area selected for display of an awning or canopy sign shall not exceed and shall be
subtracted from the wail area percentage allocated to wall signs permitted for a lot.

Ord. 8612, passed 12- 2- 08)

150. 109 MISCELLANEOUS SIGNS.

A)
Window Signs. Permanent window signs may be displayed by each tenant of a building on a lot
provided said signs do not exceed 10percent of the window area of the facade of the building. B)
Directional
Signs.One directional sign may be displayed at each entrance to or exit from a lot provided said
signs do not exceed 4 feet in height and 2 square feet in size on two lane streets and any street with a
posted speed limit less than 35 miles per hour, and do not exceed 4 feet in height and 4 square feet in size
on multi - lane roads and streets with a posted speed limit of 35 miles per hour or greater. Ord.

8612, passed 12-2-08; Am. Ord. 9060, passed 7-

19- 16) 150.

110 OUTDOOR ADVERTISING SIGNS/BILLBOARDS. A)

Notwithstanding
any regulation., contained herein to the contrary, outdoor advertising signs/ billboards may
be erected in the 1-1 and 1-2 zoning districts and would be permit ed after issuance of a special use permit
in the B-2 and B-3 zoning districts. Outdoor advertising signs/billboards shall comply with the bulk standards
for outdoor advertising signs listed in Table VII-5.B)
Outdoor
advertising signs shall not be located on the same lot as any other principal building or use. C)
Outdoor advertising signs/ billboards shall only be erected as fre standing signs of a monopole design. Only
one outdoor advertising sign/bil board shall be allowed per lot, and there shall be no more than two sign
facings permitted per sign location. D)
An outdoor advertising sign/billboard shall be erected in compliance with thebuildingsetback requirements of
the underlying zoning district. E) Outdoor
advertising
signs/ billboards shall not be located within 200 feet of any residential zoning district boundary.
F)
A

new outdo r advertising sign/billboard shall only be erected after three -existing nonconforming outdoor advertising
signs/ billboards are first removed from inside the City. Ord. 8612,

passed 12- 2-
08) 53
 150. 111 SIGNS IN RESIDENTIAL ZONING DISTRICTS.
A)
Home Occupation Signs. In any residential zoning district a person operating a permitted home
occupation may display one wall sign, with an area not exceeding one square foot, indicating the
occupant' s name and occupation.

B)
Subdivision/ Neighborhood Identification Signs. In any residential zoning district a subdivision or
neighborhood may erect two monument style freestanding identification signs provided that: said signs
are only erected at the entrances to the subdivision or neighborhood; do not exceed 32 square feet in
size per sign; contain lettering not exceeding ten inches in height; and the maximum height of the sign
does not exceed six feet.

C)
Dwelling Complex Identification Signs. In the R- 3 and R- 4 zoning districts, multi -unit dwelling
complexes consisting of ten or more dwelling units may erect one wall mounted or one monument style
freestanding identification sign, with a sign area not exceeding 25 square feet and containing lettering not
exceeding eight inches in height and the maximum height of the sign does not exceed 12 feet.

D)
Conforming Non -Residential Use Identification Sign. In any residential zoning district a lot containing a
legally conforming non- residential use ( churches, schools, etc.) may erect one monument style
freestanding identification sign provided that: said sign does not exceed 32 square feet in size; contain
lettering not exceeding 10 inches in height; and the maximum height of the sign does not exceed eight
feet.

Ord. 8612, passed 12- 2- 08; Am. Ord. 8865, passed 2- 19- 13)

150.: 112 ANIMATEDALLLU, MI.NATED SIGNS.

A)
Subject to the other regulations below, a sign may be animated and may have changeable copy and
may be illuminated with bare bulb, neon tube or flashing illumination in the following zoning districts: B- 2,
B- 3, 1- 1, or 1- 2. Signs in the B- 4 zoning district may be animated and may contain changeable copy with
the animated or changeable copy portion of such sign being restricted to no more than 32 square feet in
size. After application for and issuance of a special use permit, signs in the R- 4 Zoning District would be
permitted to be animated and could contain changeable copy with the animated or changeable copy
portion of such sign being restricted to no more than 18 square feet in size. Signs may also be
illuminated, provided the illumination is not from neon tube or flashing lights, in the following zoning
districts: B- 1, B- 4, P- 1, R- 3, and R- 4. Signs erected under 150. 111( D) may also be internally illuminated.
B) No animated or flashing sign shall project into any public right- of- way.
C) No animated or flashing sign face within 50 feet of any public right- of- way may exceed 50 square feet
in area.

D)
No animated or flashing sign shall contain or emit only red or green color unless located at least 150
feet from a traffic signal controlled intersection.

E)
A permanent sign may be non -illuminated, illuminated by internal, internal indirect, or external indirect
illumination. Signs that are externally lit shall be illuminated only with steady, stationary, down - directed,
and shielded light sources directed solely onto the sign.
F)
Any lighting fixture on a sign that is located within ten feet of a residential zoning district boundary or an
existing residential use, or within ten feet of a public sight -of -way, shall be aimed away from and shielded
on the side closest to the residential use, residential zoning district, or public right- of-way.
G) Signs which are illuminated by flashing, intermittent, or moving lights and located within 50 feet of a
public street right- of- way shall be at least 20 feet ( bottom of sign) above grade elevation.
H)
Animated or flashing signs shall be equipped with light sensing devices or a scheduled dimming timer -
which automatically dims the intensity of light emitted by the sign during ambient low -light and nighttime
dusk to dawn) conditions. ' The spillover at any property line shall not exceed one foot candle.

54
Am. Ord. 8865, passed 2- 19- 13; Am. Ord. 8949, passed 6- 17- 14)

150. 1. 1.3 TEMPORARY SIGNS.

A)
This section establishes regulations for the posting of temporary signs. Temporary signs maybe
posted on property in all zoning districts of the City, subject to the following provisions.
1)
The total number of temporary signs posted on a lot shall not exceed one in any residential zoning
district and shall not exceed one per 100 feet of street frontage on a lot in all other zoning districts. An
individual temporary sign may not exceed eight square feet in size in a residential zoning district and shall
not exceed 32 square feet in size in all other zoning districts.
2)
A temporary sign shall be designed to be stable under all weather conditions, including high winds.
Any banner that is not attached to a building wall must be enclosed in or anchored to a rigid frame.
3)
No temporary sign shall be animated, illuminated or painted with light reflecting paint.
4)
A temporary sign shall only be posted with the consent of the property owner or occupant.
5) Any temporary sign which becomes torn, broken, tattered, mutilated, defaced, damaged, deteriorated
or otherwise falls into disrepair shall be deemed a nuisance and such sign shall be immediately removed
or replaced.

6)
The person who has posted or directed the posting of a temporary sign is responsible for the removal
or replacement of the sign in accordance with this section. if that person does not remove or replace the
temporary sign in accordance with this section, then the property owner or occupant of the lot where the
sign is posted is responsible for the signs removal or replacement.

7)
The Zoning Administrator is authorized to remove any temporary sign posted in the public right- of-
way in accordance with the policy of the Department.
B)
Temporary signs which require a permit. The following types of temporary signs require a ,permit
issued in accordance with the provisions of this subchapter prior to the display of such signs.
1)
Temporary - Advertising Sign. A temporary sign that contains a message advertising a product or
service sold or offered at the property where the sign is displayed, such as for business promotional
events. A maximum of two temporary - advertising signs shall be permitted per lot. The fee for a permit for
such sign shall be $ 10 per sign per 30 days. An individual temporary - advertising sign shall be displayed
for no more than 90 consecutive days.

2)
Portable Signs. A maximum of one portable sign is permitted per lot. Such signs shall not exceed five
feet in height and shall be displayed for no longer than 15 consecutive days with a minimum of 60 days
between display periods. The fee for a permit for such sign shall be $ 25 per sign per placement.
C)
Temporary signs which .do not require a permit. Such signs shall be limited in placement by the
allowances of subsection 150. 113( A)( 1) above. The following, types of temporary signs do not require a
permit prior to display.

1)
A -frame, Tee -Pee or similarly constructed signs. A maximum of one A -frame, Tee -Pee, or similarly
constructed sign is permitted per business per lot. Such sign shall only be displayed during the normal
hours of operation of the subject. business.

2)
Grand Opening/ Closing Signs. A temporary sign announcing a business grand opening event or
store closing event, or seeking employees. Such sign shall be displayed for no more than 30 consecutive
days.

3)
Political Signs. A temporary sign announcing candidates seeking public office or. identifying political
issues. Political signs shall be no more' than eight square romimv difticts- avid
than 32 square feet in non- residential zoning districts. Si -
shall be removed within seven days following the election. -- -
not apply to political signs.

55
 4)
Real Estate Signs. A temporary sign announcing the sale or lease of a property or building space.
Said sign shall be located on the property subject to the sale or lease and no more than one sign per
street frontage shall be placed on a lot. A real estate sign shall be removed within seven days of the
closing of the sale or execution of a lease for the property or space to which the sign pertains.
5)
Construction Signs. A temporary sign identifying the parties involved in the construction occurring on
the lot on which the sign is displayed. Only one construction sign per street frontage may be placed on a
lot. Construction signs shall be removed within seven days of the completion of the project.
6) Garage Sale Signs. A temporary sign announcing a yard sale or garage sale. Garage sale signs shall
be no more than five square feet and shall be posted not more than two days before and shall be
removed within two days following the event, with a total time of display not to exceed six days.
7)
Community Event Signs. A temporary sign announcing a community or cultural event. Community
event signs shall be displayed for no more than 30 days prior to the event and shall be removed within
seven days of the conclusion of the event.

8)
Other Temporary Signs. Any other temporary sign that is not specifically noted above and that does
not contain an advertising message. Such sign shall be displayed for no more than 30 consecutive days.

Ord. 8612, passed 12- 2- 08; Arn. Ord. 8912, passed 12- 17- 13)

150. 114 NONCONFORMING SIGNS.

A) Signs that do not conform to the provisions of this subchapter are nonconforming structures and are;
subject to regulation as a nonconformity under 150_150 through 150. 155 of this chapter.
B) A nonconforming sign or sign structure may be continued under the provisions
of 150. 150 through 150. 155, but the sign shall be brought into conformity with this subchapter when it is
altered, reconstructed, replaced, or relocated. A change in sign copy is not considered an alteration or
replacement for purposes of 150. 153 of this chapter.

C) No sign that is nonconforming solely because it violates a spacing requirement between signs shall be
required to eliminate that nonconformity if compliance with the spacing regulation on the lot is not
physically possible.

D) All nonconforming signs shall be brought into conformity with this subchapter or eliminated at the
owner's expense within the following time periods:
1) Five years from the official notification of the nonconforming status by the Zoning Administrator,
however; no sign controlled by this subchapter need be removed sooner than ten years from the date the
sign permit authorizing the erection of the sign was issued.

2) Nonconforming temporary signs shall be removed within ten days of the official notification of the
nonconforming status by the Zoning Administrator.

Ord. 8612, passed' 12- 2-.08)

150. 115 SIGN ARCA AND. BDLK STANDARDS.

TABLE VII- 1. STANDARDS FOR FREESTANDING SIGNS

eight of
Districts Permitted Maximum Area of Sign
MaximumSi gn
Style of Sign

B- 1 32 square feet 12 feet Monument

56
 40 square feet or 80 20 feet
B- 2 square feet when sign is Pole or Monument

a monument style

40 square feet or 80 16 feet

B- 3 square feet when sign is Pole or Monument
a monument style

B- 4 40 square feet 12 feet Monument

P- 1 24 square feet 12 feet Monument

25 square feet or 50 16 feet

Pole or Monument
I- 1 square feet when sign is

a monument style

TABLE VII- 2. STANDARDS FOR WALL SIGNS

Maximum Area of
Districts Permitted Maximum Area of Signs Per Frontage
Individual Sign

B- 1 10% of wall area, up to a maximum of 150 square feet 50 square feet

B- 2 10% of wall area, up to a maximum of 250 square feet 80 square feet

B- 3 10% of wall area, up to a maximum of 300 square feet 100 square feet

B- 4 10% of wall area, up to a maximum of 200 square feet 50 square feet

P- 1 5% of wall area, up to a maximum of 50 square feet 25 square feet

1- 1 10% of wall area, up to a maximum of 300 square feet 80 square feet

1- 2 10% of wall area, up to a maximum of 400 square feet 100 square feet

TABLE VII- 3. STANDARDS FOR PROJECTING SIGNS

Districts
Maximum Area of Sign Minimum Height Maximum Height
Permitted

B- 1

B- 2 32 square feet

No projecting sign shall project

B- 3 Projecting signs must clear
above the highest point of the
sidewalks by at least roof structure of the buildingto
B- 4 eight feet.
which it is attached.
1- 1 60 square feet

1- 2

TABLE VII- 4. STANDARDS FOR AWNING AND CANOPY SIGNS

57
 Districts
Maximum Area of Sign Minimum Height and Extension
Permitted

B- 1

B- 2 32 square feet

B- 3
Awning or canopy signs must clear sidewalks by at least eight
B- 4 feet and may extend to within two feet of the vertical plane
formed by the curb or right- of- way line.
1- 1 50 square feet

1- 2

TABLE VII- 5. STANDARDS FOR OUTDOOR ADVERTISING SIGNS/ BILLBOARDS

Districts Permitted Maximum Area of Sign Minimum Height and Extension

B- 1 awning or canopy signs must

clear sidewalks by at least eight
B- 2 32 square feet
feet and may extend to within
B- 3 two feet of the vertical plane
formed by the curb or right- of-
B- 4
way line.
1- 1 50 square feet

1- 2

TABLE VII- 6. STANDARDS FOR FREESTANDING SHOPPING CENTER SIGNS

Class of Shopping Maximum Height of

Maximum Area of Sign Style of Sign
Center . Sin
g

Large - -
50 square feet or 150
more than 50, 000,
square feet when sign is
square feet of building a monument style
area)
Pole or Monument
20 feet
Small
50 square feet oi- 100

square feet when sign is

10, 000- 50, 000 square
a monument style
feet of building area)

Am. Ord. 8865, passed 2- 19- 13; Am. Ord_ 9060, passed 7- 19- 16)---

58
 PLANNED UNIT DEVELOPMENTS

1.50. 120 GENERAL PROVISIONS.

A) Planned Unit Developments. The term Planned Unit Development refers to a type of development
which incorporates either a single use or a mixture of uses that are planned and developed as a unit. The
Planned Unit Development classification acts as, an overlay zone. With this approach, the overall intensity
of a development is consistent with the underlying zoning district and the Comprehensive Plan. These
Planned Unit Development ( PUD) regulations provide design flexibility that may be desired, but is not
available through the application of the standard Zoning Districts established by this chapter. Such
flexibility requires a review process and detailed development plans. In exchange for flexibility, PUDs may
be required to provide amenities not otherwise required through traditional zoning techniques. This
requirement is designed to offset the impact of changes in development standards allowed through these
provisions such as mixed land uses, increased open space and reduced setbacks. Because of the
complex nature of Planned Unit Developments, specific procedures, standards, fees and exceptions are
hereby established to govern PUDs.
B) Purpose. The purpose of these Planned Unit Development regulations is to encourage and allow more
creative and imaginative design for land developments than is possible under the more conventional
zoning regulations of this chapter. The Planned Unit Development designation also provides for a more
efficient use of land and thus results in more economical physical development.
C) Intent. The Planned Unit Development method is intended to:

1)
Promote a creative approach to the use of land and related physical facilities that results in better
design and development;

2)
Combine and coordinate architectural styles, building forms and building relationships with a possible
mixing of different urban uses in an innovative design;

3) Promote flexibility in design and permit planned diversification in the location of structures;
4) Promote an efficient use of land to facilitate a more economic arrangement of buildings, circulation
systems, land uses and utilities, and the conservation of energy;
5) Preserve to the greatest extent possible the existing landscape features and amenities, and to utilize
such features in a harmonious fashion;

6) Create a method for the permanent preservation of common open space for the continued use and
enjoyment of the residents of the development;

7) Provide for rnore usable and suitably located recreation facilities, schools, and other public and
private facilities;

8)
Allow development, under a specifically approved design concept and site plan, which otherwise may
not be permitted by the Zoning Ordinance.
D) Size &
Location. The site of a PUD must be at least two acres in area and of reasonable dimensions
to allow a practical arrangement of improvements, open spaces and land uses. A PUD shall front on an
arterial or collector roadway as defined in the City' s Comprehensive Plan. Under no circumstances shall a
single PUD lie on two sides of an existing public street or alley.
E)
Ownership. The site of a PUD must be under single ownership and/ or unified control prior to
application for a PUD approval.

F) Permitted Uses. The particular uses included in a proposed PUD are subject to the review and
approval procedures specified herein, and shall not be deemed to be permitted by right. All uses -
permitted in the PUD may be mixed. The mixture of uses must be arranged in such a way as to ensure
compatibility among uses.

59
 1)
Residential PUDs may include any use permitted by right or as a special use as a principal or
accessory use within any Residential Zoning Districts. A maximum of 10% of the gross site area of a
residential PUD may be devoted to commercial uses permitted by right or as a special use in the B- 1
Neighborhood Business District, including the required parking and any other accessory uses.
2)
Commercial PUDs may include any use permitted by right or as a special use as a principal or
accessory use within any Business or Professional Zoning Districts.
3)
Industrial PUDs may include any use permitted by right or as a special use as a principal or
accessory use in the Industrial Zoning Districts.

Ord. 8612, passed 12- 2- 08)

1. 50. 121. DEVELOPMENT STANDARDS.

A)
Default Standards. The use, bulk, development and improvement standards for each planned unit
development shall be derived from the underlying zoning district. In the context of the planned unit
development those standards shall be referred to as default standards. The PUD shall be consistent with
the underlying zone upon which the PUD is based. Deviations from any of the default standards may be
approved only as provided in this subchapter and shall be explicitly stated in the Ordinance approving the
PUD.

B)
Density. Dwelling unit densities in a planned unit development shall not exceed the maximum densities
as designated in the Comprehensive Plan. However, increases in dwelling unit densities above the
densities allowed by the underlying zoning district may be allowed according to the following criteria:
1)
Incorporation of common open space, an increase of up to 10%.
2)
Preservation of natural features or utilization of existing natural features in a harmonious fashion
within the design of the site, an increase of up to 5%.
3) Removal of deteriorating structures occupying 15% or more of the development site, an increase of
up to 5%.

4)
Donation of land for schools or other public facilities, an increase of up to 10%.
C) Lot Coverage. The maximum lot coverage over the entire PUD site shall be no more than 15% above

the maximum lot coverage of the underlying zoning district.

D)
Yards and Setbacks. The required setbacks along the periphery of the PUD site shall be at least equal
in width or depth to the minimum requirements of the underlying zoning district unless the applicant can
demonstrate that a reduction of setbacks is necessary for protection of natural resources, and the
reduced setbacks will be offset by additional screening or common open space.
E)
Common Open Space. The amount and location of common open space provided shall be consistent
with the declared function of the common open space as set forth in the application for a planned unit
development. There shall be such provisions for the ownership and maintenance of the common open
space to reasonably ensure its continuity and conservation. This assurance shall be attained through the
formation of a homeowner' s association for the area involved in the planned unit development, or by such
other provisions as may be required by the Commission.
F)
Off-street Parking. In no instance shall the off-street parking requirements be less than that provided
for in 150. 060 through 150. 074 of this chapter.

1)
Parking for Residential PUDs shall be not less than one space for each efficiency dwelling unit, one
and one- half spaces for each one bedroom unit, and two spaces for each two or more bedroom unit.
2)
Parking for Commercial PUDs shall be not less than four and one- half parking spaces per 1, 000
square feet, or fraction thereof, of gross leaseable floor area in all buildings and structures.

60
 G) Landscaping. A minimum of 2% of all off-street parking areas shall be designated and improved as
landscaped areas. Landscaped areas shall be adequately protected from vehicular traffic and properly
maintained.

H) Screening. In addition to the landscaping requirements, a fence that is a minimum of five- foot high and
keeps with the general architectural design of the development or a densely planted hedge shall be
provided along any side or rear yard abutting a residentially zoned district.
1)
Signage. Signs for commercial uses in a Residential PUD with underlying residential zoning shall
comply with the sign regulations for the B- 1 ' Zoning District. All other signs and sign structures must
comply with the regulations for the underlying zoning district.
J)
Sewers. All PUDs shall be connected to the public sanitary sewer system prior to occupancy and
refuse removal shall be provided to the entire development.
K)
Conformity with Subdivision Standards. The provisions of the City of Danville Subdivision Regulations,
as amended; shall be adhered to, unless a variance is granted by the Commission in accordance with the
provisions therein.

Ord. 8612, passed 12- 2- 08)

150. 122 APPLICATION AND REVIEW PROCEDURES.

The approval and classification of a proposed PUD shall be accomplished in accordance with the following
procedures:

A)
Prior to the preparation of a formal application, the applicant shall meet with the Zoning Administrator
to discuss the proposed development. The purpose of this meeting is to afford the applicant the
opportunity to he advised of the procedures and requirements involved in submitting an application and
the policies that may affect the application.

B) The applicant shall complete a PUD application and shall prepare a preliminary development plan and
other supporting materials to generally describe:

1) General layout of proposed land uses;

2) Location of proposed buildings, structures and other improvements;
3) Location of proposed streets, Sidewalks, access ways, parking: areas, and screening;
4)
Location of common open space and the use of common open space being provided, where
applicable;

5) Location of all existing property lines, easements, buildings, streets, sidewalks and other
improvements;

6), Location of any significant physical features existing on the site including floodplains, waterways and
topography and the pattern of surface water drainage;

7) . A legal description of the entire area proposed for development;

8) The total number of dwelling units proposed and a description of the types of residential units, if
applicable;

9) The proposed gross ieaseable floor area of commercial and/ or industrial buildings, if applicable;

10) The proposed lot coverage of buildings and structures as a percentage of the total development
area;

11) The present and proposed ownership arrangement of all land within the site;

61
 12) Preliminary engineering plans or information on existing and proposed sanitary sewers, storm
drainage, water supply and other utilities necessary to adequately service the development;
13) Proposed agreements, provisions or covenants which will govern the use, maintenance, and
continued protection of the development and any of its common open space;
14) A timetable for development that indicates the approximate date when construction would begin, the
stages in which the project would be built and the approximate dates when construction of each stage
would begin and end;

15) Additional information that maybe requested by the Zoning Administrator.

C) The applicant shall file the completed application, the preliminary development plan and other exhibits
with the Zoning Administrator and shall pay a filing fee according to the fee schedule in 150. 189 of this
chapter. Once filed with the Zoning Administrator the PUD shall be scheduled for a public hearing before
the Commission.

D) The PUD shall be filed and the public hearing conducted in accordance with the standard hearing
requirements for zoning district amendments. The applicant shall have notice of the public hearing
published in a newspaper of general circulation in the City at least 15 days but not more than 30 days
prior to the public hearing. Notices of the public hearing shall be mailed to all property owners within 250
feet of the outer boundaries of the property in question. Said mailing shall be completed at least 15 days
but not more than 30 days prior to the public hearing.
E) The Commission shall hold a public hearing and shall review the application and preliminary
development plan to determine possible adverse effects of the proposed PUD and to determine what
additional requirements may be necessary to reduce such adverse effects.

F) General Review Criteria. The Commission' s review of the PUD preliminary and final development plans
and exhibits shall be based on the following criteria:
1) The PUD is in general conformance with the Comprehensive Plan;

2) The use or uses within the PUD are compatible with surrounding land uses;
3) The intensity of development imposes no unreasonably adverse effects on surrounding property;
4) Adequate public facilities exist or will exist to serve the requested use at the time such facilities are
needed;

5) Ingress and egress to the PUD is provided in a manner that facilitates access by emergency vehicles
and efficient and safe traffic circulation in the vicinity;
6) The plan has minimized, to the degree possible, adverse effects on the natural environment;

7) The request conforms to all applicable provisions of this chapter unless specifically excluded by this
section.

G) Following the public hearing and review, the Commission shall recommend approval, modification or
disapproval of the PUD and preliminary development plan within 30 days. In doing so the Commission
shall develop findings of fact, in accordance with 150. 123 of this chapter on which to base its
recommendation.

H) The City Council, within a period of 60 days after receipt of the Commission' s recommendation, shall
approve, approve with modifications or disapprove the PUD and the preliminary development plan. In the
case of approval or approval with modifications, the City Council shall pass an ordinance granting the
PUD classification.

I) Approval of the preliminary development plan by the City Council shall_not_constitute_final approval .of_a___
PUD. Rather, it shall be deemed an expression of approval of the basic provisions and concepts of the
plan and act as a guide for the preparation of the final development plan. The final development plan shall

62
 conform to the approved preliminary development plan. Approval of the preliminary development plan
shall not be construed as an implied waiver of any matter. A waiver of any requirement shall be in written
form and must accompany the final development plan.

J) The approval of the preliminary development plan by the City Council shall be valid for one year from
the date of approval. If a final development plan is not filed within one year from the date of approval of
the preliminary development plan by the City Council, the approval of the preliminary development plan
shall lapse, and the PUD classification shall be void and no longer in effect.

K) After receiving approval of the PUD designation and the preliminary development plan the applicant
shall prepare a final development plan and other supporting materials to specifically include:
1) A subdivision plat in the same form and meeting all the requirements of a semi- final subdivision plat
under the Subdivision regulations, if the subdivision of land is necessary;
2) A legal description of each separate unsubdivided use area, including common open space;
3) Specific types of uses and location of such uses to be created within the PUD;

4) Designation of the exact location of all buildings to be constructed and the internal uses of these
buildings;

5) Final tabulation of number of dwelling units per acre, residential unit types and lot coverage;
6) Complete landscaping plan for the development;

7) Detailed maintenance plan for open space and responsibilities for all public and private
improvements;

8) Any other plans or specifications that maybe necessary for final engineering approval of drainage,
street design, utilities, and other facilities by the City Engineer;
9) Certificates, seals, and signatures required for the dedication of lands, and recording of the
documents;

10) The other materials required for the preliminary development plan submission in there final form;
11) Declaration of covenants, easements and restrictions affecting any of the uses within the PUD;
12) Additional information that maybe requested by the Zoning Administrator.
L) Once the final development plan has been completed and filed with the Zoning Administrator, the final
development plan shall be scheduled for review by the Commission.
M) Following the review of the final development plan, the Commission shall recommend approval,
modification or disapproval of the final development plan for the PUD within 30 days.
N) The City Council, after receipt of the Commission' s recommendation, shall approve, approve with
modifications or disapprove the -final development plan within a period of 60 days.
0) The final approval of the PUD shall be effective only upon the passage of an ordinance by the City
Council and the filing of the final development plan with the Recorder of Deeds. ' The recording of the final
development plan shall inform all who deal with the PUD of the terms, conditions and provisions of the
plan, which shall run with the land. A PUD shall be developed only according to an approved and
recorded final development plan.

P) The final development approval may be granted in phases as approved by the City Council. Each final
development approval of a phase shall be recorded in the same manner as the final approval of an entire
PUD.

Q) City Council approval of a final development plan for a PUD that involves the subdivision of land shall
also constitute semi- final plat approval under the Subdivision regulations.

63
 R) No construction shall commence until the provisions of this section are met, along with all other
applicable City codes and ordinances.

Ord. 8612, passed 12- 2- 08)

150. 123 . FINDINGS.

A) As part of making a recommendation to the City Council on an application for a Planned Unit
Development and preliminary development plan, the Commission shall make findings of fact based upon
the evidence presented in the hearing. These findings should detail the degree to which the proposed
PUD is consistent with the general review criteria for PUDs and should assist in clarifying any conditions
or restrictions recommended as a result of this review process. The approval of a Planned Unit
Development shall not be made unless a preponderance of the evidence establishes all of the following:
1) That the proposed PUD is consistent with the stated purpose of these PUD regulations;
2) That the proposed PUD meets the requirements and standards of these PUD regulations:

3)
That the proposed PUD is in the public interest and is compatible with adjacent properties and
neighborhoods;

4)
That the proposed PUD is in conformity with the intent and spirit of the planning objectives of the City.
B) As part of making a recommendation to the City Council on a final development plan, the Commission
shall confirm whether the final development plan complies with the requirements of this subchapter.

Ord. 8612, passed 12- 2- 08)

150. 124 CHANGES SUBSEQUENT TO APPROVAL.

No amendments or modifications shall be made to the final development plan after approval and recording,
except as provided below.

A) Minor Amendments. Changes which do not alter the basic provisions and concepts of the final
development plan shall be considered minor amendments and may be authorized at the discretion of the
Zoning Administrator. Minor amendments may include changes in the location, siting, and height of
buildings, provided these changes are necessitated by engineering limitations or other circumstances
unforeseen at the time the final development plan was approved. No amendment to the approving
ordinance shall be needed in such cases, but a memorandum of changes shall be filed and recorded with
the Recorder of Deeds.

B) Major Amendments. All other changes to the uses, common open spaces, arrangement of lots, lot
coverage, or development schedule may only be made by following the procedures for final development
plan approval as provided herein. Any changes which are subsequently approved must be recorded as
amendments to the final development plan in accordance with the procedure established for the recording
of the initial final development plan.

Ord. 8612, passed 12- 2- 08)

150. 125 EXPIRATION ANI) TER.DIINATION.

A) The applicant shall. conform to the development schedule that is approved with the final development
plan. If the applicant has not complied with the approved development schedule a new hearing shall be
scheduled before the Commission, to determine whether the approval of the final development plan shall
lapse, and the PUD classification be void and no longer in effect. At its discretion and for good cause, the
Zoning Administrator may extend up to one additional year the period for the beginning of construction,
the establishment of an approved use, or completion of a phase of the development as indicated in the
approved development schedule.

64
 B) If the final approval of a PUD lapses under, the provisions of this section, the City Council shall pass an
ordinance declaring such PUD final development plan null and void under the terms of this section, and
shall direct the City Clerk to record said vacation ordinance.
C) Once the final development plan for a PUD is recorded, if the applicant desires to abandon and vacate
such final development plan, the applicant shall petition the City Council for the passage of an ordinance
vacating such final development plan. If such an ordinance is passed, the City Clerk shall record such
vacation ordinance with the County Recorder, with the recording fee to be paid by the applicant. Unless
such vacation is approved by the City Council and duly recorded, no construction shall be undertaken or
use established on the property included in the PUD,. except in accordance with the approved PUD plan.

Ord. 8612, passed 12- 2- 08)

150. 1. 26 REQUIRED DOCUMENTS AND BONDS.

A) All common open space, upon mutual agreement of the applicant and the City, shall be either
conveyed to the City or conveyed to a not -for -profit corporation or entity established for the purpose of
benefiting the owners and residents of the PUD or adjoining property owners by providing perpetual
maintenance of all lands in common within the PUD; or guaranteed by a restrictive covenant describing
the open space and its maintenance and improvement and running with the land for the benefit of the
residents of the PUD or adjoining property owners or both.
B) The construction and maintenance of all public facilities and improvements which are a part of a PUD
shall be bonded for in accordance with the Subdivision Regulations, and approved prior to the recording
of the final development plan. Such bonding shall also be required for private drives that provide ingress
or egress for more than one structure.

SPECIAL USE PERMITS

150. 130 GENERAL PROVISIONS.

A) Classification of Special Uses. To provide for the location of certain uses with unique characteristics
which may be appropriate for and compatible within a given zoning district, but depending on how the use
is designed and operated, there is the potential that the use could be incompatible with surrounding
properties, or adversely affect the future development of the community, a classification of special uses is
established. The review requirements and standards outlined in this subchapter are designed to provide a
stricter examination of such uses in order to assure compatibility within the Zoning District and to
minimize potential harmful effects of the use. Special uses, as denoted in Table IV_ 1, shall be subject to
the provisions of this subchapter. Such special uses may be developed in the zoning districts specified
only if findings are made that the standards and conditions set forth in the appropriate sections of this
subchapter are meta

B) Special Use Permits. Utilizing the provisions established by this subchapter, an applicant may file an
application for a special use permit, allowing for the establishment, operation and maintenance of a
particular use, which traditionally affects the public interest, but whose unusual nature may give rise to
unique problems for neighboring property or public facilities.

C) ` Conformance with Other Requirements. Special uses shall conform to all the applicable requirements
governing bulk, off-street parking and loading and all other applicable provisions of this chapter.

Ord. 8612, passed 12- 2- 08)

150. 131 APPLICATION AND REVIEW PROCEDURES.

An application for a special use permit shall be made in accordance with the following procedures.
A) Prior to the preparation of a formal application, the applicant or his agent shall meet with the Zoning
Administrator to discuss the situation, learn the procedures, obtain an application form, and present any
preliminary information.

M
 B) The applicant or his agent shall complete the application and shall prepare a site plan and other
supporting materials that contain -the information requested in 150. 185 of this chapter as well as the
following:
1) Description of business operations, including hours, products, market area, traffic volumes, and
timetable for development ( if applicable);

2)
A written joinder agreement signed by the title holder of the property and notarized, concurring with
the special use request ( if the applicant is not the owner of the property).
C)
The applicant or his agent shall file the completed application form, and the required site plan and
exhibits, with the Zoning Administrator at least 20 days prior to the required public hearing, and shall pay
a filing fee according to the fee schedule in this chapter. The Zoning Administrator shall schedule the
application for a public hearing before the Commission.
D)
The applicant shall have notice of the public hearing published in a local newspaper of general
circulation at least 15 days but not more than 30 days prior to the public hearing.
E) Notices of the public hearing shall be mailed to all property owners within 250 feet of the outer
boundaries of the property in question. Said mailing shall be completed at least 15 days but not more
than 30 days prior to the public hearing. The failure of any property owner to receive such notification
shall not invalidate the proceedings.
F)
If all required site plans and exhibits are provided, the Commission shall hold the public hearing and
shall study the application to determine possible adverse effects of the proposed special use and to ,
determine what additional requirements may be necessary to. reduce such adverse effects. If all required
plans and exhibits are not available for the Commission' s consideration, action on the application may be
delayed until the information is made available,

G)
In reviewing the special use permit application and the other evidence presented, the Commission
shall consider the following criteria. Any request for a special use permit shall be reviewed for consistency
with the following criteria:

1) The use is in substantial harmony with the purpose and intent of the Zoning District in which it is. to be
located.

2)
The use conforms to all applicable regulations of the Zoning District in which it is to be located.
3) The use is necessary for the public convenience at the location.
4) The use is consistent with applicable provisions of the Comprehensive Plan.
5) The use is compatible with the existing or allowable uses of adjacent properties.
6) The use will preserve the essential character of the neighborhood in which it is located.
7) The use will not adversely affect the public health, safety or welfare.
8) The use will not adversely influence living-conditions
9) The use will not adversely affect adjacent properties.
10) The use will not create undue traffic cong
11) The request conforms to all applicable -provisions of this chapter.
H) . The Commission shall prepare and adopt findings and make a recommendation on the application in
accordance with 150. 132 of this chapter.

Ord. 8612, passed 12- 2- 08)

150. 132 FINDINGS AND DETERMINATION.

66
 A) Findings of Fact. Before making a recommendation to the City Council on an application for a special
use permit, the Commission shall make findings of fact based upon the evidence presented in the
hearing. These findings should detail the degree to which the proposed special use is consistent with the
review criteria and should assist in clarifying any conditions or restrictions recommended as a result of
this review process. The approval of a special use permit shall not be made unless the evidence
presented is such to establish all of the following:
1) That the proposed use is designed, located, and proposed to be operated so that it will not be
unreasonably injurious to the district in which it shall be located or otherwise detrimental to the public
health, safety or general welfare.

2)
That the proposed use substantially complies with the specific requirements of, and preserves the
essential character of the Zoning District in which it shall be located.
3)
That the proposed use is reasonably necessary for the public convenience at the location in question.
B)
Conditions. In granting approval for any special use permit, the Commission may recommend and the
City Council may impose additional conditions as are deemed appropriate or necessary for the
reasonable protection of the public health, safety, and welfare and to carry out the purposes of this
chapter including but not limited to the following:
1)
Regulate the location, extent, and intensity of such uses.
2) Require adherence to an approved site plan.
3)
Require additional landscaping and the screening of such uses by means of fences, walls, or
vegetation.

4) Stipulate required minimum lot sizes, minimum yards, and maximum height of buildings and
structures.

5)
Regulate vehicular access and volume, and the design and location of parking and loading areas and
structures.

6)
Require conformance to health, safety, and sanitation requirements, as necessary.
7)
Regulate signs, architectural features, and outdoor lighting.
8) Any other conditions deemed necessary to effect the purposes of this chapter.
C) Commission Recommendation. Based upon the findings, the Commission shall make a
recommendation on the special use permit application and shall forward its findings and recommendation
to the City Council. The Commission shall recommend to the City Council one of the following three
actions: approval, conditional approval, or denial. The Commission' s recommendation shall be made
within 20 days of the hearing. A tie vote by the Commission shall be considered a recommendation to
deny the special use permit request.

Upon receipt of written objections to the proposed special use from more than 50% of the property owners
within 250 feet of the subject property, a favorable vote of two thirds of those commissioners present shall
be required to forward a recommendation of approval of the special use permit.
D) Final Determination. The City Council shall take final action on the application within 45 days of the
public hearing. If the City Council votes to approve the request, -it -shall -do -so by adopting the proposed-- -
request by ordinance. If the Commission voted to deny an application for a -special use permit, a two --
thirds ( 2/ 3rds) affirmative vote of the City Council then holding office is required to override the
Commission' s action and approve the request.

E)
Withdrawal. An application may be withdrawn any time prior to the beginning of the public hearing
without penalty. If the application is withdrawn between the time -the hearing begins and the City Council
takes final action, said application cannot be reheard for 12 months.

67
 F)
Denial. If an application is considered and ultimately denied by the City Council, that request shall not
be reconsidered by the Commission or the City Council at any time in a substantially similar form unless
the Zoning Administrator determines that conditions affecting the requested special use have changed
significantly enough to justify reconsideration of said request.
G) Re -submittal. Resubmitting another application for a special use after denial or withdrawal shall be
accomplished in the same general manner as is prescribed in this subchapter.

Ord. 8612, passed 12- 2- 08)

150. 133 CHANGES SUBSEQUENT TO APPROVAL.

An applicant desiring to amend the plans that were approved as part of the special use permit approval
process shall contact the Zoning Administrator.
A) Minor Amendments. If the Zoning Administrator deems the amendments minor and not significant, the
Zoning Administrator shall review the revised plans and make a determination as to whether the changes
will be allowed.

B) Major Amendments, If the Zoning Administrator deems the amendments significant, an application for
a new special use permit will need to be submitted and approval of that special use permit application
granted.

Ord. 8612, passed 12- 2- 08)

150. 134 EXPIRATION AND REVOCATION.

Once a special use permit is approved by the City Council for a specific location, the permit and each
condition thereof shall be deemed continuing until the permit is revoked or otherwise terminated.
A)
Expiration. In any case where a special use permit has been approved, the special use permit shall
terminate and the use of the property authorized by the special use permit shall be ended immediately if:
1) Once a special use is established, a change in use occurs from the established special use to
another use.

2) An established special use is abandoned or discontinued for a period of 12 consecutive months.

3) The special use is not established within 18 months of the date of final approval by the City Council.
Within that period, if an applicant can show the Zoning Administrator that progress is being made towards
establishing an approved special use, then the Zoning Administrator has the discretion to grant in writing
one time extension for a reasonable period under the circumstances.

B) Revocation. Violation of the conditions of a special use permit shall be deemed a violation of this
chapter and shall be grounds for revocation of a special use permit.
1)In the event of a violation of the special use permit or any condition thereof, the Zoning Administrator
will notify the property owner of the violation in writing. If the violation specified in such notice is not
corrected within 30 days after the notice is issued, then the Zoning Administrator shall cause a citation for
such violation to be issued and served on the property owner at the location for which the permit was
granted and the penalty provisions of this chapter shall apply; provided, however, that, if in the judgment
of the Zoning Administrator, the violation cannot be corrected or the property owner has refused to correct
the violation and the Zoning Administrator is satisfied that such violation will not be corrected under the
circumstances, then the Zoning Administrator may elect to commence revocation proceedings.
2)
The Zoning Administrator commences revocation proceedings by filing a complaint with the
Commission, alleging the facts and circumstances of the violation of the special use permit or any
condition and requesting that the permit be revoked. Within ten days after filing such complaint, the
Zoning Administrator shall' caiese a copy thereof to be served on the property owner, who shall have a - -
period of 20 days after such service to file with the Commission a response to the allegations of the

68
 complaint. Any allegation which is not denied is deemed admitted. The Commission shall set the matter
for public hearing at its next regular meeting after the response is filed or the time for filing the response
has elapsed without a response being filed. At the hearing, the Commission shall determine whether the
complaint has been proven by a preponderance of the evidence, and, if so, the Commission shall
recommend the revocation of the special use permit. The property owner shall have the right to cross-
examine witnesses and present evidence at the hearing. .

3) If the Commission recommends the revocation of the special use permit, the City Council shall
approve or reject such recommendation at a regular meeting occurring within 30 days of the decision of
the Commission.

4)
In the event the City Council approves the revocation of the special use permit, the permit shall be
revoked and the use of the premises that had been permitted under the special use permit shall cease.
Ord. 8612, passed 12- 2- 08)

COMMUNITY DESIGN REGULATIONS

150. 140 GENERAL PROVISIONS.

The purpose of this Article is to establish standards and procedures for the review of the exterior designs of
buildings and structures in order to enhance the aesthetic quality of the community and encourage the
development of buildings and neighborhoods of distinguished architectural character and appearance.

Ord. 8612., passed 12- 2- 08)

1. 50. 141 GENERAL BUILDING DESIGN STANDARDS.

A)
Applicability. All projects within the City of Danville that involve the construction of a new building or
structure or an addition to an existing building or structure shall comply with the standards of this section.

B) Building Design Focus. The front facade of a building and the main entrance shall be designed as focal
points to the building. The main entrance shall incorporate at least two of the following design elements:
canopies, overhangs, arcades, raised parapets over the door, larger door openings, display windows, or
architectural details such as accent moldings. The remaining portions of the building shall be designed in
a way that complements and is consistent with the building' s front facade.
C) Visual interest. At a minimum, facades facing public or private streets shall incorporate at least one of
the following features along each applicable facade:.
1) Windows, awnings, arcades or other significant architectural features used along at least 60% of the

front building facade length- or30% of the side or rear budding facade length.

2) Brick, natural or fabricated all- weather store covering at least 50% of the area when applied to the
front building facade or 25% of the area when applied to a side or rear building facade:

D) Materials. All materials exposed to view on the front facade and at the main building entrance shall be
high quality durable materials. The remaining building facades shall consist of materials that are
compatible with the materials used on the buildings froni facade and at the main building entrance. The
following materials are .permitted:

1) Concrete ( cast -in -place or precast panels) The foiiowing finishes for concrete surfaces exposed to --
view are permitted: exposed aggregate, hamaieuul;- canrthimcte". cement based acgtlic cement

2) Masonry. ' The following masonry materials are permitted: face brick, concrete masonry units, stone
natural or manufactured), glass -block,_glazed_or_-
Mile.-- — -
3) Exterior. Insulation and Finish System-( EIFS). -- -

4) Portland Cement Stucco.

69
 5) Prefinished Metal. Permitted only for canopies, soffits and as an accent material for trim, fascias, and
fascia bands located at the top of a wall.
6)
Siding. The following siding materials are permitted on all facades:. cedar siding, redwood siding,
cedar shingles. The following siding materials pre, permitted on' all facades, except the front facade:
prefinished vinyl siding, prefinished metal siding or wall panels, prefinished composition siding.
7) Structural steel or aluminum.

8) Glass.

9) The following materials are prohibited on any facade: corrugated metal wall panels/ siding, plywood
wall panels/ siding.

E) Design Review. All projects to which this section applies shall submit drawings, material samples and
other information in sufficient detail as necessary to determine compliance with these standards. This
submission shall accompany either the site plan review or building permit plan review submissions. Upon
a submission of the necessary information to the Zoning Administrator, a review of the design shall begin
in accordance with the procedures for site plan review or building plan review. In reviewing the
information provided, the Zoning Administrator shall determine whether or not the submission complies
with the standards set forth in this section.

F) Determination. If the Zoning Administrator determines that the submission complies with the standards,
the Zoning Administrator shall approve the design portion of the submission. If the Zoning Administrator
determines that the submission does not comply with the standards, the Zoning Administrator shall deny
the design portion of the submission, in which case the applicant shall then provide revised information to
show that the project will meet the standards, prior to the issuance of construction permits and the
beginning of any construction.

Ord. 8612, passed 12- 2- 08)

150. 1. 42 MANUFACTURED HOUSING DESIGN STANDARDS.

A) Purpose. In situations where a proposed manufactured housing unit requires a design compatibility
review, the design of the proposed manufactured housing unit shall comply with the general design
standards in 150. 141 as well as the standards in this section. These standards are generally intended to
preserve the character and integrity of established neighborhoods, and to protect residential property
values throughout the City.

B) Standards. In reviewing the design of a proposed manufactured housing unit, the proposed
manufactured housing unit shall comply with the following standards:
1) Each exterior doorway must be provided with a porch that is a minimum of five- foot square. Porches
shall have a roof structure that is connected to and compatible with the remainder of the home..

2) The home shall have a pitched roof with a minimum of a 4/ 12 pitch.

3) Roof materialshall be consistent with the roof materials of homes in the immediate neighborhood.

4) The total floor area of the manufactured housing unit shall be at least 864 square feet.
5) All towing devices, wheels, axles and hitches must be removed.

6) The home shall be attached to a permanent foundation.

Ord. 8612, passed 12- 2- 08)

150. 1.43 MANUFACTURED HOUSING' DESIGNTZEV ENV- PRGCEDURES. - ---

A manufactured housing unit design compatibility review shall be conducted in accordance with the _—
following procedures.

70
 A) Prior to the preparation of a formal application, the applicant or his agent shall meet with the Zoning
Administrator to discuss the situation, learn the procedures, obtain an application form, and present any
preliminary information.

B) The applicant or his agent shall complete the application and shall prepare a site plan and other
supporting materials that contain the information requested in 150. 185 of this chapter as well as the
following:

1) Elevation drawings, material samples and other information in sufficient detail as necessary to
determine compliance with these standards.

C) The applicant or his agent shall file the completed application form, and the required site plan and
exhibits, with the Zoning Administrator and shall pay a filing fee according to the fee schedule in this
chapter.

D) Notices of the application submittal shall be mailed to all property owners within 250 feet of the outer
boundaries of the property in question for informational purposes. Said mailing shall be completed within
five days of the receipt of the application.

E) The Zoning Administrator shall then conduct the review and make a determination at least ten days but
not more than 20 days after the receipt of the application. In conducting the design compatibility review
the Zoning Administrator shall determine whether or not the submission complies with the standards set
forth in this subchapter. Evaluation of the design of a manufactured housing unit shall also be based on
the quality of the design in relation to surroundings. A proposed manufactured housing unit shall be
compared to other housing within 250 feet of the proposed location. Anticipated development of an area
may be considered when making a decision about compatibility.
F) The Zoning Administrator shall approve, reject, or approve with conditions the design at least ten days
but not more than 20 days after the receipt of the application.

G) Approval of a design shall be granted upon a finding that:

1) The proposed manufactured housing unit complies with all standards in 150. 141 and 150. 142 of this
chapter;

2) The proposed manufactured housing unit is compatible in design with homes within the immediate
area;

3) The proposed manufactured housing unit is comparable in construction value with homes within the
immediate area; and

4) Siding and roofing materials are compatible with the general aesthetic appearance of existing
residential structures within the immediate area.

Ord. 8612, passed 12- 2- 08)

150. 144 BUILDING DESIGN STANDARDS IN THE R- 3 DISTRICT.

A) Purpose. The purpose of this section is to establish standards for the exterior designs of buildings and
structures in the R- 3 Zoning District in order to ensure the compatibility of_infill development with existing
development and to encourage the development of new buildings of distinguished architectural character
and appearance in this District.

B) Applicability. All projects within the R- 3 Zoning District that involve the construction of a new building ,,
structure or an addition to an existing building or structure shall comply with the standards of this section.

C) Building Orientation. Orientation of the " front" of the principal building shall be towards the street in a
manner similar to existing buildings within the District.

D) Building Modulation. The front elevation of the principal building shall be varied such that no
continuous wall plane or surface exceeds 35 feet in length, and such that variations between wall planes

71
 or surfaces are at least 18 inches in depth. Variations in wall planes should be accompanied by
corresponding changes in the roofline or other architectural elements of the building.
E) Building Style. Traditional architectural building styles shall be incorporated into the design of a
building. Architectural styles typically found within these older neighborhoods that can be used to help
guide the styling of a building include Italianate, Queen Anne, Craftsman, Prairie, Foursquare, Greek
revival, and Tudor.

F)
Building Base. A raised foundation or " base" shall be incorporated into the design of a new building.
The utilization of a material that differs from the primary exterior building material, including stone or brick
of a different color or size than that used for the overall building, or another durable masonry material,
may also be used at the base of the building to give the appearance of a raised foundation.
G) Building Materials. Suitable exterior building materials exposed to view shall include those listed
in 150. 141 ( D).

H) Architectural Details. Architectural details shall be provided on building elevations visible from the
public street, including, but not limited to, the following: quoins, lentils, cornice moldings, brackets, arches,
corner boards, keystones, decorative lintels and sills, soldier courses, belt course, bay windows and other
decorative features as appropriate for the design style of the overall building and material being used.
1) Windows/ Fenestration. Windows and doors placed on the front elevation shall. be consistent with the
size, scale and proportion of windows and doors of other buildings within the immediate neighborhood.
This shall include the utilization of double hung windows or windows similar in appearance to double hung
windows where possible.

J)
Roofline. The roofline of the building shall reflect the. predominate roof type, orientation, scale and pitch
of existing buildings within the immediate neighborhood.

K) Garage Doors. Garage doors shall not be located on any building elevation facing a street. When
located on a side wall or on a rear wall on a corner lot, the garage door shall be screened from view from
the street. Where it is demonstrated that rear or side access is not possible, front access may be
permitted provided that the garage and garage door is recessed behind the front wall of the building, the
garage door does not occupy more than 50% of the linear face of the building, and no more than one
double or two single stall garage doors are utilized.

L) Porches. The incorporation of a covered front porch of an appropriate size and scale in areas where
porches are prevalent on existing structures within the surrounding neighborhood shall be required, Front
porches must be covered by a roof that is compatible with the roof over the rest of the structure.

M)
Balconies/ Decks. If balconies and decks are incorporated into a building they shall be designed so that
they are integrated into the overall style of design of the building. Methods of integrating balconies into
the building design may include fully or partially recessing them into the facade of the building, placing
them under a roof that is integrated into the overall roof plan, utilizing supports that are compatible with
the rest of the building in terms of materials and design, and utilizing supports that reach to the ground
rather than append to the exterior of the building.
N)
Alternative Designs. Alternative design solutions or exceptions to the mandatory standards of4his
section will be considered if it is demonstrated that strict compliance with a specific standard- is, not -
practical, or that the alternative being proposed -will help in achieving a development that is compatible
with its surrounding neighborhood or would provide some environmental benefit.

Ord. 8612, passed 12- 2- 08)

150. 145 DESIGN REVIEW PROCEDURES IN THE R- 3 DISTRICT.

Design review of buildings in the R- 3 District shall be conducted - in accordance with the following ---- .
procedures.

72
 A)
Prior to the preparation of a formal application, the applicant or his agent shall meet with the Zoning
Administrator to discuss the situation, learn the procedures, obtain an application form, and present any
preliminary information.

B)
The applicant or his agent shall complete the application and shall prepare a site plan and `other
supporting materials that contain the information requested in 150. 185 of this chapter as well as the
following: Elevation drawings, material ' samples and -other information in sufficient detail as necessary to
determine compliance with these standards.

C)
The applicant or his agent shall file the completed application form, and the required site plan and
exhibits, with the Zoning Administrator and shall pay a filing fee according to the fee schedule in this
chapter.

D) The Zoning Administrator shall then notify the DDI Design Committee of the receipt of an application
and the DDI Design Committee shall conduct a review and make a recommendation on the application to
the Zoning Administrator not more than 30 days after the filing of the application. In conducting the design
review the DDI Design Committee shall determine whether or not the submission complies with the
applicable standards set forth in this subchapter. Evaluation of the design shall also be based on the
quality of the design in relation to surroundings.

E) The Zoning Administrator shall approve, reject, or approve with conditions the design within five days
of the receipt of the recommendation of the DDI Design Committee.

F) Approval of a design shall be granted upon a finding that:

1) The building or structure complies with the standards in section 150. 141 and 150. 144 of this chapter;
and

2) The building or structure is compatible in design with buildings within the immediate area.

Ord. 8612, passed 12- 2- 08)

NONCONFORMITIES

150. 1.50 GENERAL PROVISIONS.

A) Purpose. The purpose of this subchapter is to define and regulate different types of nonconformities
with the intent that ultimately most nonconformities will be eliminated or brought into compliance with the
requirements of this chapter.

B)
Classification of Nonconformities. An existing building, structure, use, or lot legally established prior to
the effective date of this chapter, or subsequent applicable amendments thereto, that does not conform to
one or more of the regulations currently applicable to the zoning district in which the building, structure,
use or lot is located shall be classified as a nonconformity and subjected to the regulations of this
subchapter.

C)
Interpretations. The regulations for nonconforming uses shall apply not only to the principal building but
also to all accessory buildings or structures located on the same lot. In addition, the regulations of this --
subchapter pertaining to a building occupied by a nonconforming use shall apply not only to a building
which is completely occupied by such a use, but shall also apply to a building in which the nonconforming
use occupies only a portion of the building.

D)
Evidence of Legal Status. The evidence of the legal status of a nonconformity shall be supplied by the —
owner of the property upon request of the Zoning Administrator. Owners who fail to present sufficient
evidence to indicate that the nonconformity was lawfully established at some point may be denied the -
rights and privileges granted by this subchapter and may subject the owner to enforcement proceedings
by the City in order to obtain full compliance with this chapter. An owner of record seeking to establish the
legal status of a nonconformity shall provide documentation, in a form acceptable to the Zoning
Administrator of the following:

73
 1)
The date of construction for all buildings and structures or the date the use was initially established.
Such documentation may include, but not be limited to, a certified copy of the building permit, certificate
of occupancy, certificate of zoning compliance, business license or Federal Employer Identification
Number.

2)Indication of continuous on -site operation of said use, or a use determined by the Zoning
Administrator to be similar in nature to a previous use, on said lot, in the previous 12 months.
E) Continuation. Any legal nonconformity may be continued under this subchapter, but shall be subject to
full compliance with the other applicable provisions of this subchapter.

Ord. 8612, passed 12- 2- 08)

1. 50. 151 CHANGE OF USE.

A nonconforming use of any building or lot may not be changed to another use unless the new use is a
permitted use in the zoning district in which it is located and complies with the provisions of this chapter.
When a nonconforming use is replaced by a permitted use, the building or lot shall not thereafter be used
or occupied by a nonconforming use.

Ord. 8612, passed 12- 2- 08)

150. 1. 52 ADDITIONS OR EXPANSIONS.

A)
Additions or enlargements to nonconforming buildings or structures shall be permitted, provided that no
such addition or enlargement increases an existing nonconformity or creates a new nonconformity.
B)
Any nonconforming use of a building shall not be expanded into any other portion of the building.
C) A nonconforming use shall not be expanded or moved to any other part of a lot.

Ord. 8612, passed 12- 2- 08)

150. 153 ALTERATIONS, REPAIRS, AND MAINTENANCE.

A) Structural alterations designed to extend the life of a nonconformity shall not be made to a
nonconforming building or structure, except when:

1) Required by law or a regulatory authority pursuant to law.

2) The alteration will actually result in the elimination of the nonconformity.
3) A building in a residential district containing nonconforming residential uses is being altered to
improve the livability, provided that the structural alterations shall not increase the number of dwelling
units or increase the nonconformity.

B)
Routine repairs and maintenance on nonconforming buildings or structures shall be permitted.
Ord. 8612, passed 12- 2- 08)

150. 154 DISCONTINUANCE AND ABANDONMENT.

When any nonconforming use has been discontinued for a period of 12 consecutive months, regardless of
any intent to resume operations, the nonconforming use shall be presumed to be abandoned and the
rights provided by this subchapter shall be forfeited and any subsequent use of the premises shall be in
compliance with the requirements applicable to the zoning district in which the use is located.

Ord. 8612, passed 12.- 2- 08)

150. 155 DAMAGE OR DESTRUCTION.

74
 A)
If a nonconforming building or structure or building containing a nonconforming use is damaged or
destroyed, by any means, to the extent of 50% or more of its fair market value, based on the valuation of
the township assessor, then it shall not thereafter be reconstructed or repaired unless in full compliance
with the provisions of this chapter.

B) In the event the damage or destruction is less than 50% of its fair market value, the building or
structure may then be restored to its preceding condition and the occupancy and use of the building or
structure which existed at the time of the damage may be continued, provided that the restoration is
completed within 12 months of the date of damage or destruction.

Ord. 8612, passed 12- 2- 08)

VARIATIONS

150. 160 GENERAL PROVISIONS.

A) Purpose. This subchapter affords property owners a process by which variations from certain
provisions of this chapter may be considered in order to prevent unnecessary and undue hardship that
may be caused by the literal enforcement of the provisions of this chapter.
B) Applicability. Variances may be granted with respect only to the following provisions of this chapter:
1) Area and bulk regulations in Table IV- 2 ( Appendix B_) or in 150. 030 et seq., Supplementary Use
Regulations,

2) Parking space requirements in Table IV- 1 ( Appendix A), loading and landscaping requirements,
3) Sign height and area requirements, of up to a 50% variation.

C) Classification of Variations. In order to ensure efficient consideration of all applications for variances
under the provisions of this chapter, said applications shall be separated and classified as either a minor
or major variance according to the degree of non- compliance said variance will produce in relation to the
amount required for full compliance with the applicable provisions of this chapter.
1) Minor Variance. Applications seeking relief from specific provisions of this chapter, which will produce
an increase or decrease in the degree of compliance by not more than 25% of the amount required for full
compliance, shall be classified as a minor variance.

2) Major Variance. All applications seeking relief from specific provisions of this chapter, which will
produce an increase or decrease in the degree of compliance by more than 25% of the amount required
for full compliance,, shall be, classified as a major variance.

D) Conditions. In granting any. variation, the Zoning Administrator or Zoning Board of Appeals may
prescribe appropriate conditions as are deemed appropriate or necessary for they reasonable protection of
the public health, safety, and welfare and "to carry out the purposes of this chapter. Violations of such
conditions shall be deemed a violation of this chapter.

Ord. 8612, passed 12- 2- 08; Am. Ord. 8851, passed 12- 18-' i2)
150. 161 PROCEDURES FOR MINOR VARIANCES.

An application for a minor variance shall- be- in- accordance- with- the-following- procedu
A) Prior to the preparation of a formal application, the applicant or his agent shall meet with the Zoning
Administrator to discuss the situation, learn the procedures, obtain an application form, and present any
preliminary information.

B) The applicant or his agent shall cammpl

- ete theapplicationandshall prepare a site plan and other supporting
materialsto describe: 1)Location

of the property; 75
 2) Actual dimensions of the lot;

3)
Location of the building or structure to be erected, converted, enlarged, or structurally altered and
distance from the building or structure to each lot line;,, ,
4)
Other such information as may be necessary to determine and provide for the enforcement of this
chapter.

C)
The applicant or his agent shall file the completed application form together with the required site plan
with the Zoning Administrator and shall pay a filing fee according to the fee schedule in this chapter.
D)
The Zoning Administrator shall review the application and other related evidence, and then prepare
findings and make a final determination on the application in accordance with 150. 163 of this subchapter
within 20 days of the filing of an application.

Ord. 8612, passed 12- 2- 08)

150. 162 PROCEDURES FOR MAJOR VARIANCES.

An application for a major variance shall be in accordance with the following procedures.
A)
Prior to the preparation of a formal application, the applicant or his agent shall meet with the Zoning
Administrator to discuss the situation, learn the procedures, obtain an application form, and present any
preliminary information.

B)
The applicant or his agent shall complete the application and shall prepare a site plan and other
supporting materials to describe:

1) Location of the property;

2) Actual dimensions of the lot;

3)
Location of the building or structure to be erected, converted, enlarged, or structurally altered and
distance from the building or structure to each lot line;
4) Other such information as may be necessary to determine and provide for the enforcement of this
chapter.

C)
The applicant or his agent shall file the completed application form together with the required site plan
with the Zoning Administrator and shall pay a filing fee according to the fee schedule in this chapter.
D)
The Zoning Administrator shall schedule the application for a public hearing before the Zoning Board of
Appeals within ten days of the receipt of an application.

E) The applicant shall have notice of the public hearing published in a local newspaper of general
circulation at least 15 days but not more than 30 days prior to the public hearing.
F) Notices of the public hearing shall be mailed to all property owners within 250 feet of the outer
boundaries of the property in question. Said mailing shall be completed at least 15 days but not more
than 30_days prior to the public hearing.
G) The Zoning Board of Appeals shall hold the public heanng and shall consider the application and other
evidence to determine possible adverse effects of the proposed variation.
H) In reviewing the variance application and the other evidence presented the Zoning Board of Appeals
shall consider the following criteria. Any request for a variation shall be found to be consistent with the
following criteria:

1)
The request is not the result of a situation or condition that was knowingly or deliberately created by
the applicant.

2) The variation will not adversely affect adjacent properties.

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 3) The variation is consistent with applicable provisions of the Comprehensive Plan
4) The variation conforms to the purpose and intent of this chapter.

1)
The Zoning Board of Appeals shall review the application and other related evidence, and then prepare
findings and make a determination on the application in accordance with 150. 163 of this subchapter
within 20 days of the close of the public hearing.
J)
All decisions of the Zoning Board of Appeals on major variances shall be subject to the following:
1) Any decision of the Zoning Board of Appeals concerning a major variance request shall be
considered a provisional decision for a period of 15 days. During the 15 day provisional period the
variance applicant or any member of the City Council may file in writing with the City Clerk an appeal for a
stay of the decision. Upon receipt of such an appeal the City Clerk shall forward a notice of such appeal
to the applicant and the Chairman of the Zoning Board of Appeals. The provisional Zoning Board of
Appeals decision shall then be forwarded to the next regularly scheduled City Council meeting and be
deemed a recommendation from the Zoning Board of Appeals on the variation requested. At that Council
meeting, the City Council shall conduct a de novo hearing and hear arguments by the parties. Parties
shall include: ( 1) the applicant, (2) any other interested person filing a written entry of appearance. The
City Council shall in the exercise of its legislative authority then render a final decision on the variance
request. The City Council shall render its final decision within 30 days of the filing of the notice of appeal.
Such time period may be extended by agreement with the applicant.
2)
In the event the applicant or a City Council member does not file an appeal for a stay of the
provisional decision as provided above, the provisional decision shall become a final decision, of the
Zoning Board of Appeals on the 16th day following the initial decision.
3) All final decisions of the City Council and the Zoning Board of Appeals on major variations shall be
subject to judicial review in accordance with applicable law.

Ord. 8612, passed 12- 2- 08; Am. Ord. 8851, passed 12- 18- 12)

150. 163 FINDINGS AND DETERMINATION.

A) Findings of Fact. Before making a determination on an application for variation, the decision maker
shall develop findings of fact based upon the evidence presented in the hearing. These findings should
detail the degree to which the applicant has established that the variation is necessary and should assist
in clarifying any conditions or restrictions recommended as a result of this review process. The approval
of a variation shall not be made unless the evidence presented is such to establish all of the following:
1) That there are special circumstances or practical difficulties that exist that have created an undue
hardship that is applicable only to the property involved.
2) That the undue hardship was not created by the action or inaction of the applicant, owner of the
property or any previous property owner.

3) That the applicant cannot derive a reasonable use of the property without the variance.
4) That the literal interpretations of the provisions of this chapter would deprive the applicant of rights
commonly enjoyed by other properties in the -same zoning district.
5) That the proposed variance represents the minimum necessary to make possible the reasonable use
of the lot or structures.

B) Final Determination. Once the findings are made the decision maker shall then make a final
determination on the variance application. The decision maker shall make one of the following
determinations: approval, conditional approval, or denial. The Zoning Administrator shall immediately
notify the applicant of the decision and the findings and final determination shall be filed in the office of
the Zoning Administrator.

Ord. 8612, passed 12- 2.-08; Ain. Ord. 8851, passed 12- 18- 12)

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 AMENDMENTS

150. 170 GENERAL PROVISIONS.

A) Authority. The regulations and standards of this chapter and the district boundaries on the Official
Zoning Map may be amended from time to time by following the provisions set forth in this subchapter.
B)
Classification of Amendments. In order to ensure efficient consideration of all proposed amendments
under the provisions of this chapter, said amendments shall be separated and classified as either a
textual amendment or a map amendment.

1) Textual Amendment. All petitions for.additions, modifications, deletions or other substantive changes
to the text, requirements or procedures of this chapter shall be defined as textual amendments.
2) Map Amendment. All petitions for modification to the delineation of zoning district boundaries on the
Official Zoning Map shall be defined as map amendments.
C)
Initiation of Amendments. Textual amendments may be proposed by the City Council, Commission, or
Zoning Administrator. Map amendments may be proposed by the City Council, Commission, Zoning
Administrator, or any person with an ownership interest in the property which is subject of the proposed
amendment.

D)
Definition of Person. " Person" shall include an individual, corporation, partnership, limited liability
company, trust, or other entity.

Ord. 8612, passed 12- 2- 08)

150. 171 PROCEDURES FOR AMENDMENTS INITIATED BY TIDE CITY.

A petition to amend the Official Zoning Map or the text of this chapter that is initiated by the City Council,
Commission, or Zoning Administrator shall be made in accordance with the following procedures.
A)
The Zoning Administrator shall file a completed petition with the City Clerk on behalf of the City of
Danville at least 20 days prior to the required public hearing. The filing fee shall be waived. The Zoning
Administrator shall then schedule the petition for a public hearing before the Commission.
B)
The Zoning Administrator shall have notice of the public hearing published in a local newspaper of
general circulation at least 15 days but not more than 30 days prior to the public hearing.
C) If the petition is for a map amendment, notices of the public hearing shall be mailed to the owners of all
property subject to the amendment. Said mailing shall be completed at least 15 days but not more than
30 days prior to the public hearing.' The failure of any property owner to receive such notification shall not
invalidate the proceedings.
D) The Commission shall then hold the public hearing and shall review the petition and other related
evidence, and then, prepare and adopt findings and make a recommendation on the petition in
accordance with 150. 173 of this subchapter.

Ord- 8612, passed 12- 2- 08)

150. 172 PROCEDURES FAR A1' IF; IF 7 INITI, ATEDO' CIiFRS.

A petition to amend the Official Zoning Map that is initiated by a person other than the City shall be made in
accordance with the following procedures.

A) Prior to the preparation of a formal petition, a petitioner or his agent shall meet with the Zoning
Administrator to discuss the situation, learn the procedures, obtain a petition, and present any preliminary
information.

78
 B) The petitioner or his agent shall complete the petition and shall prepare a site plan and other
supporting materials that contain the information requested in 150. 185 of this chapter as well as the
following:
1) Description of business operations, including hours, products, market area, traffic volumes, and
timetable for development ( if applicable);

2)
A written joinder agreement signed by the title holder of the property and notarized, concurring with
the requested amendment ( if the petitioner is not the owner of the property).
C)
The petitioner or his agent shall file the completed petition, together with the required site plan and
exhibits, with the Zoning Administrator at least 20 days prior to the required public hearing, and shall pay
a filing fee according to the fee schedule in this chapter. The Zoning Administrator shall then schedule the
petition for a public hearing before the Commission.
D)
The petitioner shall have notice of the public hearing published in a local newspaper of general
circulation at least 15 days but not more than 30 days prior to the public hearing.
E) Notices of the public hearing shall be mailed to all property owners within 250 feet of the outer
boundaries of the property in question. Said mailing shall be completed at least 15 days but not more
than 30 days prior to the public hearing. The failure of any property owner to receive such notification
shall not invalidate the proceedings.

F)
If all required site plans and exhibits are provided, the Commission shall then hold the public hearing
and shall review the petition and other related evidence. If all required plans and exhibits are not available
for the Commission' s consideration, action on the petition may be delayed until the information is made
available.

G) In reviewing the petition and the other evidence presented, the Commission shall consider the criteria
listed here. Any request for a map amendment shall be reviewed for consistency with the following
criteria:

1) The request is consistent with all applicable provisions of the Comprehensive Plan.
2) The request is compatible with the existing or allowable uses of adjacent properties.
3) The request will preserve the essential character of the neighborhood in which it is located.
4) The request will not adversely affect the public health, safety or welfare.
5)
The request will not adversely influence living conditions in the immediate vicinity.
6) The request will not adversely affect adjacent properties.
7) The request will not create undue traffic congestion.

8) The request has minimized, to the degree possible, adverse effects on the natural environment.
9) The request can demonstrate that adequate public facilities exist or will exist to serve the requested
use at the time such facilities are needed.

10) The request conforms to all applicable provisions of this Ordinance.

H)
The Commission shall then prepare and adopt findings and make a recommendation on the petition in
accordance with 150. 173 of this subchapter.

Ord. 8612, passed 12- 2- 08)

150. 173 FINDINGS AND DETERMINATION.

A) Findings of Fact. Before making a recommendation to the City Council on an amendment petition, the
Commission shall first make findings of fact based upon the evidence presented in the hearing. These

79
 findings should detail the degree to which the proposed amendment is consistent with the review criteria.
The approval of an amendment shall not be made unless the evidence presented is such to establish the
following:

1)
That the proposed amendment is consistent with the goals, objectives and policies of the City's
Comprehensive Plan and is in conformity with the designations delineated on the Future Land Use Map.
2) That the proposed amendment is consistent with the spirit, purpose and intent of this chapter.
3) That the development allowed by the proposed amendment will be compatible with existing uses and
existing zoning classifications of property within the general area.
B) Commission Recommendation. Based upon the findings, the Commission shall make a
recommendation on the amendment petition and shall forward its findings and recommendation to the
City Council. The Commission shall recommend to the City Council one of the following three actions:
approval, conditional approval, or denial. The Commission' s recommendation shall be made within 20
days of the hearing. A tie vote by the Commission shall be considered a recommendation to deny the
amendment request.

C) Final Determination. The City Council shall then take final action on the petition within 45 days of the
public hearing. If the City Council votes to approve the request, it shall do so by adopting the proposed
amendment by ordinance. If the Commission voted to deny an amendment request, a two thirds ( 2/ 3rds)
affirmative vote of the City Council then holding office is required to override the Commission' s action and
approve the request. if an amendment request is contrary to the Future Land Use Map of the
Comprehensive Plan, a two thirds ( 2/ 3rds) affirmative vote of the City Council then holding office is
required to approve the request.

D) Written Protests. In case of a written protest against any proposed amendment of the regulations or
districts, signed and acknowledged by either ( 1) the owners of 20% of the frontage proposed to be
altered, ( 2) the owners of 20% of the frontage immediately adjoining or across the alley therefrom, or ( 3)
the owners of 2.0% of the frontage directly opposite the frontage proposed to be altered, is filed with the

City Clerk on or before the date of the public hearing set forth in the notice of hearing so published, the
amendment shall not be passed except by an affirmative vote of two thirds ( 2/ 3rds) of the City Council
then holding office. In such cases, a copy of the written protest shall be served by the protestor( s) on the
petitioner for the proposed amendment and a copy upon the attorney, if any, for the petitioner, by certified
mail at the address of such petitioner and attorney as shown in the petition for the proposed amendment.
E)
Withdrawal. A petition may be withdrawn any time prior to the beginning of the public hearing without
penalty. If the petition is withdrawn between the time the hearing begins and the City Councii takes final
action, said petition cannot be reheard for 12 months.

F) Denial. If a petition is considered and ultimately denied by the City Council, that request shall not be
reconsidered by the Commission or the City Council at any time in a substantially similar form unless the
Zoning Administrator determines that conditions affecting the requested amendment have changed
significantly enough to justify reconsideration of said request.
G) Re -submittal. Resubmitting another petition for an amendment after denial or withdrawal shall be
accomplished in the same general manner as -is prescribed in this. subchapter.

150. 174 ANNE, AA'V10 a AGREEMENTS. .

A)
If a proposed annexation agreement prescribes -any zoning classification change for the property to be
annexed, which would represent an amendment to the Offrciat— Paning" the Commission shall —
I

conduct a public hearing concerning the proposed, agreement according to the procedures outlined
in 150. 172 above.

B) Other proposed, annexation -agreements prescribing only, variances or other"modifications to the —

application of this chapter shall be submitted directly to the City Council for a public hearing,
consideration and final determination by that body.
Ord. 8612, passed 12- 2- 08)

ADMINISTRATION AND ENFORCEMENT

1.50. 1. 801 ZONING ADMINISTRATOR.

A) Powers and Duties. The Zoning Administrator shall have the authority to administer and enforce this
chapter. In carrying out the administration and enforcement of this chapter the Zoning Administrator may:
1) Interpret, construe and apply the provisions ofthis chapter; 2)

Maintain permanent records pertaining to this chapter, including: maps, amendments, special uses, variations,
appeals and applications therefor; 3)

Conduct inspections of buildings, structures and uses as may be necessary to determine compliance with
this chapter; 4)

Order the discontinuance of uses of land, buildings or structures, the discontinuance of work being done
or any other actions authorized by this chapter to insure compliance with or to prevent violations of its
provisions; 5)

Issue all sign permits where authorized by this chapter, and keep permanent records thereof; 6)
Enforce all provisions of this chapter and all permits and approvals granted hereunder; 7)
Carry out such other responsibilities as may be specifically delegated to the Zoning Administrator by this
chapter, or by the City Council. Ord.

8612, passed 12-2-08) 150.

181 PLANNING. AND ZONING COMMISSION. A)

Purpose. The Danville Area Planning and Zoning Commission, as established by and described in
33. 01 of the Danvil e Code of Ordinances, shall act as an advisory body to the City Council with respect to
planning and zoning matters outlined in this chapter. B)

Powers and Duties. The Commission shall have the fol owing authority and duties under this chapter: 1)
Prepare and recommend to the City Council an official Comprehensive Plan to guide the future development
or redevelopment of the City and its planning area and, from time to time, to recommend amendments
to the plan; 2)

Propose amendments to this chapter, and make recommendations thereon to the City Council; 3)
Conduct public hearings and review applications for proposed zoning map amendments, special use permits,
and Planned Unit Developments, and make recommendations thereon to the City Council; 4)

Carry out such other responsibilities as may be specifically- delegated to the Commission by this -chapter,
-
or by the City Council. Ord.

8612, passed 12-2-08) 150.

182 ZONING BOARD OF APPEALS. A)

Creation. A Zoning Board of Appeals is hereby established to satisfy the Illinois Municipal Codes requirement
for a zoning decision appeals process. The Zoning Board of Appeals shall consist of five members,
appointed by the Mayor and affirmed by the City Council. The Zoning Board of Appeals shall be
comprised of two existing Planning and Zoning Commission - members and three other City residents,---who
---
are not employees of the City. The Mayor shall designate one member to serve as chairman. The 81
 Zoning Board of Appeals shall appoint a vice- chairman to conduct activities during the chairman' s
absence. Once appointed, members shall serve three year terms. The Mayor may, from time to time,
designate an alternate member to serve on a particular appeal in order to avoid any conflict of interest
B) Powers and Duties. The Zoning Board of Appeals shall have the following powers and duties:
1) Hear and decide appeals of any interpretation or decision made by the Zoning Administrator;
2) Hear and decide requests for major variations from the regulations and standards of this chapter;

3)
Carry out such other responsibilities as may be specifically delegated to the Zoning Board of Appeals
by this chapter, or by the Illinois Compiled Statutes.
C) Proceedings. Meetings of the Zoning Board of Appeals shall be held as the need arises at the call of
the Chairman and at such reasonable times and places as the Zoning Board of Appeals may determine,
though all hearings shall be scheduled within 30 days of receiving an application. When conducting
hearings and making decisions a quorum consisting of at least three board members shall be present. All
meetings of the Zoning Board of Appeals shall be public, and shall be subject to the Open Meetings Act.
The Zoning Board of Appeals may adopt its own rules and procedures for hearings which are not in
conflict with the statutes or this chapter. A recording secretary shall be present at all meetings where
formal action is to occur. The recording secretary shall create an audio tape of the hearing and prepare a
detailed set of minutes for each case. After having heard evidence, the Zoning Board of Appeals shall
make a decision, which shall be supported by written findings of fact. A decision made on an appeal
application shall be final and subject to review in accordance with the Administrative Review Act of the
State of Illinois. A derision made on a major variance shall be considered to be a provisional decision and
subject to the requirements described in § 150. 162. All hearing minutes as well as actions and
determinations of the Zoning Board of Appeals shall immediately be filed in the office of the Zoning
Administrator and the City Clerk and shall be a public record.

Ord. 8612, passed 12- 2- 08; Am. Ord. 8851, passed 12- 18- 12)

150. 183 CITY COUNCIL.

A)
In the administration and enforcement of this chapter, it shall be the duty and responsibility of the City
Council to:

1)
Review recommendations of the Commission on zoning map amendments, special use permits,
Planned Unit Developments, and other amendments to this Ordinance and make final determinations
thereon;

2) Consider all appointments made by the Mayor to the Commission-,

3)
Carry out such other responsibilities as may be specifically delegated to the City Council by this
chapter.

Ord. 8612, passed 12- 2- 08)

150. 184 CONSTRUCTION PERMITS.

A) Building Permit. A building permit is issued to ensure that all structures comply with the provisions of
this chapter and the applicable building codes. No person shall construct or modify a building or structure
until a building permit has been issued. The Zoning Administrator shall review each application for a
building permit made under the building code of the City, prior to the issuance of a building permit. if an
application for a building permit is for any new construction of a building or structure or an addition to an
existing building or structure the application shall be accompanied by a site plan, as described
in 150. 185 of this chapter. Site plan review and approval by the Zoning Administrator shall be required
prior to the issuance of a building permit in such instances.
B) Other Construction Permits. Applications for electrical, plumbing, HVAC, and any -other -similar -permits
authorizing a change in a building or property shall contain a statement indicating the existing and

82
 proposed use for which the building or structure will be used. The Zoning Administrator shall review each
application which indicates a change of use, even if the proposed permit does not indicate a change in
the exterior elements of the property. The permit shall be issued subject to zoning approval.
C) Voided Permits. Any construction permit issued which purports to authorize a use, structure or
improvement to the land not in compliance with the requirements of this chapter shall be void.

Ord. 8612, passed 12- 2- 08)

150. 1. 85 SITE PLAN REVIEW.

A)
In order to ensure conformity with the provisions of this chapter and compatibility with adjacent
development prior to construction, a site plan review procedure is hereby established. Projects that
involve the construction of a new building or structure or an addition to an existing building or structure
require site plan review and approval. Site plan review may also be required in order to ensure
compliance with any other provisions of this chapter at the discretion of the Zoning Administrator. When a
site plan review is required, site plan approval by the Zoning Administrator must be granted prior to the
issuance of a construction permit or certificate of occupancy. A project which requires site plan review
shall be accompanied by a site plan drawn to scale, and supporting documents that contain the following
information:

1) Location of the property;

2) Actual dimensions of the lot;

3)
Location and exact size of the building or structure to be erected, converted, enlarged, or structurally
altered;

4) Distance from proposed buildings or structures to each lot line;

5) Existing and intended use of each building or part thereof;
6) Location of all existing buildings and structures;
7)
Location of each parking space, loading space, access way and curb cut;
8) Location of trash disposal areas and screening for such areas;
9) Landscaping plan for the development;
10) Lighting plan for parking areas;
11) Location of principal signage along with conceptual designs;
12) Other such information as may be necessary to determine and provide for the enforcement of this
chapter.

B)
The submitted site plan shall be reviewed by the Zoning Administrator to determine the following:
1) .
That the proposed building - or -structure - is either entirely occupied by a conforming use; or that if the -
structure is occupied wholly or partly by a nonconforming use, that such nonconforming use is allowed
under and complies with the regulations of 150. 150 through 150. 155;

2)
That the proposed building or structure complies with the applicable height, area, yard, parking and
landscaping regulations as. required by this chapter;
3)
That the proposed building or structure complies with all other applicable standards as required by
this chapter.

C) Upon a determination that all the -requirements i

vrTtotm% 4, the onirtg--
shall approve or disapprove the site plan.

83
Ord. 8612, passed 12- 2- 08)

150. 186 CERTIFICATE OF OCCUPANCY.

A certificate of occupancy is needed to ensure that all structures and uses comply with the provisions of this
chapter and all preceding development permit approvals. No building or structure shall be occupied, and
no change shall be made in the use of any land, building or structure until a certificate of occupancy
permit has been issued by the Zoning Administrator or the building inspector, stating. that the building and
use comply with the provisions of this chapter.

Ord. 8612, passed 12- 2- 08)

150. 1. 87 ZONING COMPLIANCE LETTER.

A zoning compliance letter is issued by the Zoning Administrator to certify that a proposed or existing use or
development is or is not in compliance with the provisions of this chapter. Any person with an interest in
a property may request a zoning compliance letter from the Zoning Administrator at any time. In no case
shall the issuance of a zoning compliance letter alleviate an applicant from having to obtain any other
form of development approval otherwise required by this chapter or other City codes.
Ord. 8612, passed 12- 2- 08)

150. 188 APPEALS.

A)
Any decision regarding the interpretation or enforcement of the provisions of this chapter may be
appealed to the Zoning Board of Appeals by any person claiming to be aggrieved thereby, in accordance
with the provisions of this section.

B) to order to initiate the appeals process, an application for zoning appeal must be completed and filed
with the City Clerk within 180 days of the decision of the Zoning Administrator, and a filing fee paid
according to the fee schedule in this chapter. The application for appeal shall contain the following
information:

1) Identification of the decision being appealed including the section of the chapter subject to the
appeal;

2) Identification of the grounds for the appeal including sufficient facts and conditions which serve to
notify the Zoning Board of Appeals of the basis for the appeal.

C)
Once an appeal has been filed, no permits shall be issued or other approvals granted for the subject
property until the appeal is decided. A hearing shall be scheduled before the Zoning Board of Appeals
and the appeal shall be heard within 45 days of the filing date of the appeal. Notice of the time and place
of the hearing shall be provided to the applicant at least 20 days prior to the hearing.
D)
The applicant shall have notice of the public hearing published in a local newspaper of general
circulation at least 15 days but not more than 30 days prior to the public hearing.
E)
The hearing shall be held in accordance with the rules and procedures established by the Zoning
Board of Appeals and the Board shall make a determination on the appeal within 30 days of the close of
fhe hearing,
F)
On an appeal of any decision or determination of the Zoning Administrator, the Zoning Board of
Appeals shall be limited to a determination of the propriety of the questioned action taken by the Zoning
Administrator. The Board may reverse, affirm, or modify the decision appealed. In order to reverse or
modify a decision, any one or combination of the following findings must be satisfied:
1) That the Zoning Administrator misinterpreted the provisions of this chapter.
2) That the section of this chapter does not apply in this situation.

84
 3) That the provision in question is unclear and an interpretation is necessary to determine the intent
and application of the provision.

G) In making its determination, the Zoning Board of Appeals may not grant a variation in the application of
the regulations of this chapter.

Ord. 8612, passed 12- 2- 08)

150. 189 FEES.

Any application for a zoning map amendment, special use permit, planned unit development, variation, or
appeal to the Zoning Board of Appeals shall be filed with the City Clerk and accompanied by a fee in the
amount prescribed in this section. Once an application has been filed and the fee paid the fee is non-
refundable.

Zoning Map Amendment - $ 200

Special Use Permit - $ 200

Planned Unit Development - $ 300

Design Compatibility Review - $ 50

Minor Variance - $ 50

Major Variance - $ 125

Appeal - $ 75

Ord. 8612, passed 12- 2- 08)

150. 190 VIOLATIONS.

A) No person shall erect, construct, alter, use, maintain or allow any building, lot, or parcel of land to be
used or maintained in violation of this chapter. In addition to other actions which may constitute a
violation, the following constitute violations of this chapter:

1) The use, arrangement, or construction of a building, structure or improvement to land does not
conform with that authorized by approved plans.
2) An improvement is constructed or a use is operating without obtaining the appropriate permits or
zoning approvals.

3) The use of a structure or land which is nonconforming does not meet the requirements
of 150. 150 through 150. 155.

4) The use of a structure or parcel of land which is a conforming use, but does not meet the applicable
district standards or other requirements of this chapter, unless otherwise provided for
in 150. 150 through 150. 155.

5) The use of a structure or parcel of land does not comply with conditions or standards enumerated in
a special use approval.

6) The sale, conveyance, or use of any portion of a lot which reduces the lot area below the minimum
area required, depth or width of a yard to less than the minimums required, or the number of parking
spaces below the minimum number of spaces required.

B) The following shall be presumed for assessing the existence and length of a violation:
1) Persons are presumed to be fully aware of the provisions of this chapter and ignorance -of -such -does —
not exempt such persons from the enforcement actions provided for in this chapter.

85
 2) A violation shall be presumed to have existed from the earliest date that can be legally established
from the following:
a) The date of issuance of a notice of violation, license, permit, registration, inspection report, or other
documentation in relation to the offense or that permits a use that would not otherwise be permitted in this
chapter.

b) The date of any advertisement, correspondence, or other documentation generated by the

establishment announcing or describing the illegal operation of that establishment.

c) The date of collection or reporting of taxes, fees, or other payments to any agency in relation to the
offense.

3) A separate offense shall be deemed committed on each day during which a violation of this chapter
occurs or continues after it has been established that the violation existed, unless the person charged
establishes that the violation did not occur on a subsequent date or dates.

C) Enforcement of a violation may be initiated against the owner, whether legal, equitable, or in the case
of an Illinois land trust, a beneficial interest holder, a tenant, occupant, or other person with ownership,
interest in or control of the property.
D) Whenever the Zoning Administrator determines that there has been a violation of this chapter, or has
reasonable grounds to believe that a violation has occurred, the Zoning Administrator shall give notice of
the violation to the owner or person or persons responsible therefor in the manner prescribed here. Such
notice shall be in writing and shall include:.
1) The date the violation was established;

2) A description of the subject property;

3) A statement of the reason or reasons why the notice is. being issued, including the section of this
chapter that is being violated;
4) A correction order allowing a reasonable time for the action necessary to bring the property into
compliance with the provisions of this chapter or otherwise cease the violation;

5) An explanation of the owner or person( s) charged with the violation the right to appeal the notice to
the Zoning Board of Appeals.
E) Such notice of violation shall be deemed to be. properly served upon such owner or person charged if:
1) A copy thereof is personally delivered to the owner or person( s) charged, or
2) The notice is sent by first class mail and addressed to the last known address of the owner or
person( s) charged, or

If the letter is returned stating that it is undeliverable, by posting a copy thereof in or about the
3)

structure or property affected by such notice and publishing of such notice in a local newspaper of
general circulation.
F) When a person receives notice of a violation and does not comply with the order to correct the violation
within the specified time, the Zoning Administrator may elect to proceed under any one, or combination
of, the enforcement measures described within this subchapter or otherwise authorized by law to seek
correction of the violation or punishment for the off erise or both.

G) The Zoning Administrator is authorized to issue a failure to comply ticket, or similar instrument, to any
person that has violated any of the provisions of this chapter. The failure to comply ticket may function as
the notice of violation. A failure to comply ticket shall be served in the manner described in division ( D)
above.

86
 H)
The Zoning Administrator shall have the authority to issue a stop work order to any person the Zoning
Administrator has reasonable grounds to believe is committing or has committed a violation of this
chapter.

1) Nothing herein shall limit any other right or remedy of the. City or other person in interest including, but
not limited to, the right to obtain an injunction of any violation from .a court of competent jurisdiction.
Ord. 8612, passed 12- 2- 08)

1.50. 999 PENALTIES.

A violation by any person, corporation, or other entity, whether as principal, agent, employee, or otherwise,
of any provisions of this chapter shall be punishable by a fine of not less than $ 100 per day per violation,
nor more than $ 1, 000 per day per violation. In addition to any fine imposed hereunder, the violator shall
pay all of the costs and fees incurred by the City in prosecuting the violation, which shall include but not
be limited to: the costs associated with an administrative adjudication proceeding or court proceeding,
and reasonable attorney' s fees.

Ord. 8612, passed 12- 2- 08)

APPENDIX A: TABLE OF USES

TABLE W - 1. TABLE OF USES

X)= Permitted Use ( S)= Special Use Zoning District Off -Street Parking

R- R- R- R- P- B. B- B- B- 1- 1-
Type of Use AG RR 1 2 3 4 MHP 1 1 2 3 4 1 2 Spaces Required

I. RESIDENTIAL

Single Family Dwelling - Detached X X X X X X X X X X X X 2/ dwelling unit

Two - Unit Common Lot Line Dwelling S X X X X X X X X 2/ dwelling unit

Multi -Unit Common Lot Line Dwelling X X S S X X X 2/ dwelling unit

Two Family Dwelling S X X X X X X X 2/ dwelling unit

Multi -Family Dwelling S X S S X X X 1. 5/ dwelling unit

Manufactured Home ( HUD) X S X 2/ dwelling unit

Manufactured Housing Unit ( State) X X X X* X* X* X X X X X X 2/ dwelling unit

Mobile Home S X 2/ dwelling unit

Mobile Home Park X 2/ dwelling unit

Nursing, Home S S X X X X X 1/ 6 beds + 1/ 3 employees

Assisted Living Facility S X X X X X 1/ 4 beds + 1/ 3 employees

Dormitory X X X X 1/ 3 beds

Rooming $ Boarding House S X X X S 1/ 2lodging rooms

Halfway House S S X X X S 1/ lodging room

Family Community Residence X X X X X X X X X X 1/ 3 employees + 1/ 4 beds

87
 Group Community Residence S S X X X 1/ 3 employees + 1/ 4 beds

Other Group Quarters S X S 1/ lodging room

H. PUBLIC/ QUASI- PUBLIC

R- R- R- R- P- B- B- B- B- 1- 1-
AG RR 1 2 3 4 MHP 1 1 2 3 4 1 2

Cemetery/ Mausoleum X S S S S S n/ a

Church/ Other Places of Worship S S S S S X X X X X S 1/ 5 seats

Community Center S X X X X X X X X 1/ 200 sq ft of floor area

Correctional Institution S X 1/ 1, 000 sq ft of floor area

Detention Center X X 1/ 1, 000 sq ft of floor area

Fire/ Police Station X X X X X X X X X X 1/ peak- shift employee

Government Facilities X X X X X X 1/ 300 sq ft of floor area

Library X X X X X X X 1/ 400 sq ft of floor area

Memorials/ Monuments X X X X X X X X X X X n/ a

Public Parking Garage/ Lot X X X n/ a

Recycling Collection Center X X X n/ a

School S X X X X S X X 1/ 6 students

Specialty School S S X X S X X 1i400 sq ft of floor area

it. CULTURAL, ENTERTAINMENT, RECREATIONAL

R- R- R- R- P- B- B- B- B- 1- I
AG RR 1 2 3 4 MHP 1 1 2 3 4 1 2
1
Adult Use Business S 1/ 6 seats

Amusement Park S X 1/ 1, 000 sq ft of lot area

Athletic Training Facility S X X 1/ 400 sq ft of floor area

I
Campgrounds X n/ a

Country Club/ Golf Course X X X X

1`
2/ tee
I
Cultural Facility
I
S S X X 4 1/ 500 sq ft of floor area

Dance Studio S X X X 1/ 200 sq ft of floor area

Drive - In Theater X n/ a
I

Fairgrounds X 1/ 1, 000 sq ft of lot area

Firearm/ Archery Ranges S S S 1/ 3 shooting stations

Fitness/ Health Club S X X X 11200 sq ft of floor area

Indoor Athletic Club X X 1/ 200 sq ft of floor area

Indoor Recreation Center S X X 11200 sq ft of floor area

88
 Indoor Theater X X 1/ 5 seats

Marina X 1/ 5 boat slips

Park X X X X. X. X X X X X. X X n/ a

Private Club S. S S S S S X S X X X X 1/ 100 sq ft of floor area

Public Assembly Facility X. X 1/ 6 seats

Riding Stables X n/ a

Sports & Recreation Club - Outdoor X X 1/ 2000 sq ft of lot area

Other Cultural, Entertainment or S X S 1/ 400 sq ft of floor area

Recreational Facilities

IV. COMMERCIAL - RETAIL TRADE

R- R- R- R- P- B- B- B- B- 1 1-
AG RR 1 2 3 4 MHP 1 1 2 3 4 1 2

Agricultural Implement Sales X X. X X 1/ 500 sq ft of floor area

1
and Service

Agricultural Supply Sales X X 1/ 200 sq ft of floor area

Antiques/ Used Furniture Sales X X 1/ 30o sq ft of floor area

and Service

Apparel Sales ^ X X 11200 sq ft of floor area

Appliance Sales and Service X X 1/ 200 sq ft of floor area

Art Studio X X X X X 1/ 500 sq ft of floor area

Auction House X X 1/ 150 sq ft of floor area

Auto Parts/ Accessories Sales X X X 1/ 300 sq ft of floor area

Automobile Sales X X X 1/ 300 sq ft of floor area

f
Bait Sales X X X 1/ 200 sq ft of floor area

Bakery S X X X 11200 sq ft of floor area

Bar/ Tavern or Night Club S X S 1/ 100 sq ft of floor area

I
Bicycle Sales and Service X X X X 1/ 300 sq ft of floor area

Boat/Recreational Vehicle/ Trailer Soles X X X 1/ 300 sq ft of floor area

I
Bookstore S X
1 X 1/ 200 sq ft of floor area

Building Material Sales S X S X 1/ 300 sq ft of floor area

Cafe/ Deli } S X X X 1/ 100 sq ft of floor area

Candy Store X X X ttt X 1/ 200 sq ft of floor area

I I
Computer Sales and Service S X X X 1/ 200 sq ft of floor area

Convenience Store -- S X X X 1/ 200 sq ft of floor area

89
 Department Store X X 1/ 200 sq ft of floor area

Drugstore S X X X 1/ 200 sq ft of floor area

Electronics Sales and Service S X X X 1/ 200 sq ft of floor area

Floral Shop X X X X 1/ 200 sq ft of floor area

Fuels and Heating Oils Retail Sales X X X 1/ 200 sq ft of floor area

Furniture Sales X X 1/ 300 sq ft of floor area

Gasoline Station X X X 1/ 300 sq ft of floor area

Hardware Sales X X X X 1/ 200 sq ft of floor area

Hobby Shop X X 11200 sq ft of floor area

General Household Goods Sales X X 1/ 200 sq ft of floor area

HVAC Sales and Service X X X X 1/ 300 sq ft of floor area

Jewelry Store S X X
1/ 200 sq ft of floor area

Lawn and Garden Supply Sales X X 1/ 200 sq ft of floor area

Manufactured Home Sales X X 1/ 200 sq ft of floor area

Medical Equipment/ Supply Sales X 1/ 200 sq ft of floor area

Medical Cannabis Dispensary S X 1/ 200 sq ft of floor area

I
Monument Sales S X 1/ 200 sq ft of floor area

Motorcycle Sales and Service S X X 1/ 300 sq ft of floor area

Music Sales X X X 1/ 200 sq ft of floor area

Office Supplies/ Equipment Sales and X X 11200 sq ft of floor area

Service

Optical Goods Sales X X 11200 sq ft of floor area

Packaged Liquor Sales S X 1/ 200 sq ft of floor area

Pawn Shop X X V200 sq ft of floor area

Pet Store X X X 1/ 200 sq ft of floor area

Photographic Equipment Sales X X X X 1/ 200 sq ft of floor area

and Service

Restaurant I S X X X 1/ 100 sq ft of floor area

Roadside. Produce Sales X X S 2

Semi - Tractor Sales and Service S X X 1/ 300 sq ft of floor area

Shoe Store S X X 1/ 200 sq ft of floor area

Specialty Goods Sales S S S X X 11200 sq ft of floor area

Sporting/ Recreational Goods Sales X X X 1/ 200 sq ft of floor area

Stationary, Gifts, Art Supply Sales _ X X X 1/ 200 sq ft of floor area

Supermarket/ Grocery Store S X X 1/ 200 sq ft of floor area

r
 Toy Sales X X 1/ 200 sq ft of floor area

Transient Merchant Sales S 1/ 200 sq ft of floor area

Variety Store S X X X 11200 sq ft of floor area

Video Store X X X 1/ 200 sq ft of floor area

Wedding/ Bridal Supplies Sales X X X X 1/ 200 sq ft of floor area

and Service

V. COMMERCIAL - SERVICE

R- R- R- R- P- B- B- B- B- I- I-
AG RR 1 2 3 4 MHP 1 1 2 3 4 1 2

Ambulance Service X X 1/ 300 sq ft of floor area

Automobile Detailing Service S X X 1/ 300 sq ft of floor area

Automobile Repair Service X X 1/ 300 sq ft of floor area

Banks/ Savings and Loan/ Credit Unions S X X X 1/ 300 sq ft of floor area

Banquet
q Facilities X X X X 1/ 4 seats

Barber/ Beauty Shop S X X X X V200 sq ft of floor area

Bed & Breakfast Inn X X, X X I X X

X i i
2+ 1/ lodging room

Car Wash X X
1/ 400 sq ft of floor area

Catering Service X X 1/ 400 sq ft of floor area

i
Check Cashing Service X X X 11300 sq ft of floor area

Commercial Laundry X X X 1/ 3 peak -shift employees

Contractors Shop X X X 1 1/ 400 sq ft of floor area

Copy and Printing Service S X X X 1/ 300 sq ft of floor area

Currency Exchange X X X 1/ 300 sq ft of floor area

Day Care School/ Center S S X X X X 2+ 1/ 1. 5 employees

Equipment Rental and Leasing X X X X 1/ 300 sq ft of floor area

Funeral Home S X. X X 1/ 100 sq ft of floor area

Hospital X X X
I i
1/ 2 beds + 1/ 3 employees

Hotel/ Motel X X X 1/ lodging room

I
Kennel - Excluding Outdoor Runs X X X X 1/ 400 sq ft of floor area

Kennel - Including Outdoor Runs X S X 1/ 400 sq ft of floor area

Laundromat/ Dry Cleaners S X X X 1/ 100 sq ft of floor area

Massage - Therapeutic X S X X X 1/ 300 sq ft of floor area

I

Medical Clinic X X X
I X l 11200 sq ft of floor area
Mini Warehouses S S X n/ a

91
 Motor Vehicle Body Repair S X X X 1/ 300 sq ft of floor area

and Painting Services

Motor Vehicle Engine S X X X 1/ 300 sq ft of floor area

Repair/Replacement

Packaging/ Mailing Service X X X 1/ 300 sq ft of floor area

Pet Care/ Grooming X X X X 1/ 300 sq ft of floor area

Photographic Studio X X X X X 1/ 300 sq ft of floor area

Professional Office X X X X X X 11300 sq ft of floor area

Other Offices X S X X X X 1/ 300 sq ft of floor area

Shelter Care Facility X X X X 1/ 300 sq ft of floor area

Shoe Repair S X X 1/ 300 sq ft of floor area

Social Service Facility X X X X 1/ 300 sq ft of floor area

Substance Abuse X X X X 1/ 300 sq ft of floor area

Counseling/ Treatment Center

Tailor Shop S X X I 11300 sq ft of floor area

Tanning Salon X X X 1/ 200 sq ft of floor area

i
Tattoo Parlor X 1/ 300 sq ft of floor area

Taxicab Service X X X 1/ 300 sq ft of floor area

Truck Stop S X 1/ 300 sq ft of floor area

Truck/ Trailer Rental Service X X 1/ 300 sq ft of floor area

Veterinary Hospital - Large Animals X X 11400 sq ft of floor area

Veterinary Hospital - Small Animals X X X X X 1/ 400 sq ft of floor area

Vl. TRANSPORTATION, COMMUNICATIONS & UTILITIES

R- R- R- R- P- B- B- B- B- 11- 1-
AG RR 1 2 3 4 MHP 1 1 2 3 4 1 2

Airport X 1/ 3 peak -shift employees

I

Bus Garage X X 1/ 3 peak - shift employees

Bus Terminal/ Station X X X X 1/ 400 sq ft of floor area

Heliport X S S S X 1/ helipad
I
F
Intermodal Transfer Facility X X X
X I 1/ 3 peak -shift employees
Power Plant X S 1/ 3 peak - shift employees

Radio and Television Facilities S S X X X 1/ 3 peak - shift employees

Railroad Yard S X 1/ 3 peak -shift employees

Sewage Treatment Plant _ S S X 1/ 3 peak -shift employees

i

92
 Solid Waste Landfill S X 1/ 3 peak -shift employees

Telecommunication Tower X S S S S X S
I
X X
1 n/ a

Telephone Exchange Station X X X X 1/ 3 peak -shift employees

Truck Freight Terminal S X X 1/ 3 peak - shift employees

Utility Substation S S X X X 1/ 3 peak -shift employees

Water Filtration/Treatment Plant S S X 1/ 3 peak -shift employees

Water Tower X S S S X X X X X n/ a

Other Trans/ Comm/ Utility Facilities S X 113 peak -shift employees

Vll. RESOURCE PRODUCTION & EXTRACTION

R- R- R- R- P- B- B- B- B- I- 1-
AG RR 1 2 3 4 MHP 1 1 2 3 4 1 2

Commercial Breeding Facility X S X 1/ 3 peak -shift employees

Commercial Livestock/ Poultry Facility X 1/ 3 peak - shift employees

General Agriculture X X X X X X N/ A

Grain Storage Facility X X X 1/ 3 peak -shift employees

Medical Cannabis Cultivation Center X S 1/ 3 peak -shift employees

Mineral Extraction/ Quarrying S 3 peak -shift employees

Nursery/ Greenhouse

Stockyards
X

S
S X X
4xl/
X
400 sq ft in sales area

1/ 3 peak=shift employees

Vlll. INDUSTRIAL

R- R- R- R- P- B- B- B- B- 1- I-
AG RR 1 2 3 4 MHP 1 1 2 3 4 1 2

Automobile Wrecking & Salvage Yard X 1/ 3 peak -shift employees

Beverage Processing and Packaging X X 1/ 3 peak -shift employees

Bulk Storage Tanks X X X 1/ 3 peak -shift employees

Chemical and Allied Product X 1/ 3 peak -shift employees

Manufacturing

Concrete/ Asphalt Manufacturing X 1/ 3 peak -shift employees

and Processing

Confectionary Product Manufacturing S X 1/ 3 peak -shift employees

and Packaging

Electrical & Electronic Manufacturing X- X- 1/ 3 peak -shift -employees

i

and Assembling

Food Product Processing X X

I 113 peak -shift employees

93
Grain Mill Products Manufacturing S X 113 peak -shift employees

and Packaging

Inoperable Vehicle Storage Yard S X 1/ 3 peak -shift employees

Junkyard S 113 peak -shift employees

Machine & Instrument Manufacturing X 1/ 3 peak -shift employees

Metal Salvage Yard X 113 peak -shift employees

Metals Machining and Fabricating S X 1/ 3 peak -shift employees

Plastic and Allied Product Processing X X 1/ 3 peak -shift employees

Printing and Publishing X X X X 1/ 3 peak -shift employees

Research and Development Facility S X X 1/ 3 peak -shift employees

Rubber and Allied Product X 1/ 3 peak -shift employees

Manufacturing
I

Textile Mill Product Manufacturing S X 1/ 3 peak -shift employees

I
Warehousing X X X 1/ 3 peak -shift employees

Wood Product Manufacturing S X 1/ 3 peak - shift employees

i
and Assembling i

Other Manuf./ Processing/ Assembling X 1/ 3 peak - shift employees

I

Ord. 8612, passed 12- 2- 08; Am. Ord. 8716, passed 12- 21- 10; Am. Ord. 8959, passed 9- 16- 14)

94
APPENDIX B: TABLE OF DISTRICT AREA AND BULK REGULATIONS

TABLE IV- 2. DISTRICT AREA. AND BULK REGULATIONS

Minimum Lot Area Minimum Yards

Lot
Lot Width Height
Zoning District Per Lot Per Dwelling Unit Minimum CoverageFront Maximum
Maximum Side Rear
ft ) a ft.)
sq. ft. except as indicated)
Y.)
ft) ft.) ft.)

AG Agriculture 15 acres 15 acres 300 2 25 15 25 35

RR Rural Residential 3 acres 3 acres 150 5 25 15 25 35

R- 1 Single Family 8, 000 8, 000 70 25 25 8 25 35

Res.

R- 2 Single Family 6, 000 6, 000 50 30 25 6 20 35

Res. R-

3 Mixed Res. 6, 000 3, 000 50 35 20 6 20 35 R-

4 Multiple Family 6, 000 2, 000 60 35 25 8 20 45 Res.

MHP

Mobile Home 20,

000 8, 000 70 20 25 10 25 35 Park
P-

1 Profes ional 7,
500 b) 60 35 20 10( d) 20 85 Office
B-

1 Neighborhod 5,
000 b) 50 35 15 5 15 35 Business
B-

2 Highway Business 000 b) 75 35 25 10 25 35 B-

10,

3 General 5,
000 b) 50 50 20 10 10 45 Business
B-

4 Central Business 5, 000 b) 50 100 0 0 0 140 1-

1 Light Industrial 10, 000 50 50 20 10 10 45 1-

2 General Industrial 15, 000 100 50 25( c)10( e)10( e)55 Footnotes

Note:

In addition to the footnotes below, please refer to 150. 030 through 150. 047 for use specific regulations, and
150. 060 through 150. 074 for development specific regulations and for exceptions to the standards in Table IV-2. a.

Or
other yard abutting a stre t. On a corner lot,the minimum required front yard on the 2nd frontage ( the side street
or lesser traveled street) may be reduced by up to 40%provided this yard shall always be at least 10 feet in width.
b.

Residential uses shall comply with those per dwelling unit lot area requirements for the R-2 District ( single family
dwellings) or the R-3 District ( two-family &multi - family dwellings). c.

50 feet when across the street from a residential zoning district. d.

Or 4 inches per foot of building height, whichever is greater. 95

 e.
50 feet when abutting a residential zoning district.

Ord. 8612, passed 12- 2- 08)

APPENDIX C: ILLUSTRATIONS

Fencing Requirements
for Corner Lots
R.", —.! sae

L=
ur; cT up

i i5' f re m.

y i- F— L: . d.

Z-f sift Yat'd

fenr'e Mny b
P— it— fray

7 eqn than = V
ru, L4-
gerrsY" to fr,,n
f.,= —

nmx 01 - lie

41 M— 4tk,
zkFi 119m

REM, for

Interior Lots rlt -

I Vax _ 1. ARr t'

th- A. —

se - back il or

My ' Ce,

12 1 SvhanpE KY

QC! fror I h. UZ;

4Q:

Z Cf chs Kam

Ltli Frmit
WIRV YA. 17,M

Yarl RRONT

4'
 Fencing Requirements
for Through Lots

STREET

41 Xlax - vith, 7C%-

open in entLre
Front Yard

6* I lax
- I-rl,
Che + az

Yard

I ± siaQ

im-

UP LU

61 ferm ma5?, b,,,

Iptrn' t- ed
ths rront to tl&
rear of the

build am Tf, PRIN CIPAL

Sid% Yard g,-, tback, mamma
is . 1
- eZD ran 10,
a 4' fe, ate ±be

petmiirsd. froXi
the front 7-o top
rew of the

4' Max with 7a

PRO11- ykp,121
qpsn awe
Frml- Yard

97
 Sign Types

Roof line

Freestanding Projecting Wall Sign

Calculating Sign Area

i n- I
T
E

T
H
1

Calculating Sign Height

Ord. 8612, passed 12- 2- 08)

1
 EFILED
12/ 11/ 2020 8: 15 PM
Melissa Quick
Clerk of the Circuit Court
Vermilion County, Illinois

EXHIBIT C
 9-1k

mmt
AN ORDINANCE AMENDING THE ZONING ORDINANCE
AND ACCOMPANYING MAP THERETO,

WHEREAS, The petitioner, Danville Development LLC, is requesting that the property of 204
Eastgate Drive be rezoned from 12- General Industrial to B3- General Business to allow, for a casino to
be located. on the parcel, and;

WHEREAS, the Danville Area Planning.& Zoning Commission, after conducting a public bearing
on Thursday, September 3rd, 2020 recommended Denial of the petition by a vote of 5- 1.

NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Danville, Illinois as
follows.

SECTION. .1: That the Zoning Ordinance of the City Council of the City of Danville, Illinois, and
accompanying map thereto, as amended, are hereby farther amended insofar as the same relates to
certain parcels of land. known and described as

74 EA ST 0ATE S UB E2 L I -I & AI. I., 1, 12

by changing the classificatiort of the subject tracts from 12 -- General Industrial to B3 — General Business

SECTION 2,- This amendatory Ordinance shall take effect upon its passage and approval.

PASSEDthis15th day of September, 2020, by ayes, nays and absent,

APPROVED:

By;

Mayor
ATTEST:
By-,

City
Clerk
 Re -Zoning Petition # 279

JiIfl Danville Development LLC

 AN 12 " 023

Lisa K. Monson, city Cte*,

Dandle, Illinois

PETMON
FORREZONMG

Zoning Petition # lig q 17

Before the Planning & Z* Bhw—

COMR11181011 of the City of Danville, Rholn
L Name Of Pei Moner(s): DWwft DwMqmwtt, LLC
2. Addrus.of Petitioner: 12M scoftvM@ rd, RodWWW, NY liffi S
3. Phone number of Petitioner; M4" 00
4. Name and Address of Owner(k) ( M dMbrent from petitioner) and other
PeMODS
WA
Who have any Interest in the property:

S.
Legal Description
23- 12-451-% Of Property (atta0b additional sheets if nogwry).-
3 74 Eastage Sub E2 Ll I & ALLL12

6.
Common Address of Property-. M anipto M" ' 11 Blau
7.
Present an of Property.- DWWftVMwsp Wlunhmm
2- LMX* of Such Use: AppmxkmW 6 yom
9.
Current zoning CIO u-Mclition; W GwMW ImAnbW DWd
10.
Proposed me of Property: GaMho MKI & Mftftled Fades
11. Requested Zoning Ckaffleation.- 04 Genwal & Wrms I)I* W

Wherefore, the petitioner prays that this petition be heard by the ]Danv&,
Planning & Zoning Commission and the request,for change ofzoning be
granted.

hereby Wft that the Above Notod Information Is trat and torreft *ad that I audeMmills
and wM Mow Hera roller and regullatliom act forth 1a the Dawfille Zoallng 006mce [ the
peftft fs approved by the rkwing & Zeaftg Comm1= 1" # ad the Cfty Cowen oftie
My of Danvillie, Minis.

S'
Sjuxar'4 t

thteof

y
NO" Fabille

F" pwd?.- 0 i!
2L
oa aone + 4r j
 Site Plan Overview for Request for Zoning and New Use
at 204 Eastgate Drive, Danville, IL 61834

Pursuant to the latest Illinois Gaming Expansion, we are proposing to locate the gaming facility awarded
to the City of Danville ( Phase l) within one of the existing structures located at the 204 Eastgate Drive
Parcel. This submission and site review are submitted to seek approval to rezone this parcel as B-3
General Business District to accommodate the change in use.
This property was originally used as a manufacturing facility. Most recently, it has been used as a
distribution/ storage warehouse for a local manufacturer. The developed parcel consists of
approximately 8.5 acres with three existing structures totaling ilo 000 sf currently erected on the
parcel. One of the existing pre-engineered metal buildings of approximately 60,000 A, will be utilized as
the building structure for the earning facility. The remaining 50,000 sf ofexisting structures are to he
demolished. Other than a proposed Porte cochere, no other substantial changes to the remaining
structure are anticipated.

The Porte Cochere will be added to the front entrance of the structure, along with landscaping and
decorative lighting. The exterior of the existing pre-engineered metal building will be renovated to a
neat, like -new appearance. Onsite parking will be provided for the patrons as well as employees and will
consist of approximately 690 parking spaces conveniently located to the main and employee entrances.
Site development will include all site utilities, asphalt paved parking areas, site lighting, landscaping„ and
monument sign at the gaming facility entrance. An additional curb cut may be required to facilitate
the traffic circulation on Eastgate Drive and Eastgate Court.

The adjoining adjacent Property owners are limited to a metal recycler, a truck terminal and a bank
branch office. We anticipate no Issues with them related to the proposed gaming facility. However,
notices will be sent to these property owners. The notification for todays meeting was published on
and the certificate of publication will be provided if requested'.

The gaming facility hours ofoperation will be 24 hours a day, 7 days a week. Construction of the gaming
facility will take nine months from the close of fkiancing.
The request is consistent with all applicable provisions of the Comprehensive Plan as it Is compatible
with the existing orallowable uses of the adjacent properties. Proposed location is ;deafly situated.
adjacent to the Northern Hotel District just off the lynch Rd exit of 74, with over 500 hotel rooms within
walking distance or a short drive to the proposed development. Eastgate strive consists of a mixture of
commercial properties such as the hotels, banking and retail as well as industrial properties such as the —
metal recyders and distribution/ storage warehouses. Therefore, not only will the gaming facility
preserve the existing character of the vicinity, it will actually compliment the character, which should be
welcomed by the Clty.of Danville.

There are no concerns with the health or safety of the public from the proposed use. Given the absence
of any residences in the immediate vicinity, it will have little, if any, impact on any living conditions.
There are no concerns or adverse effects on the natural environment. The majority of the 8.5 acre parcel
Is Impervious, covered by buildings, driveways and parking areas. However, a drainage study will be --
 completed and proper site drainage constructed for any increase in impervious areas. Any light spill
from the parking lot lighting will be minimized and will have no adverse effect on the adjoining property
owners or those In the immediate vicinity,

A traffic study will be prepared to identify any potential traffic impacts. As part of the agreement with
the City ofDanville, the petitioner will be responsible for funding and constructing any traffic mitigation
measures recorhmended by the Traffic Engineer,

Adequate public facilities exist or will exist to serve the proposed development. The City Engineer has
has been provided forecasted water demands and sewage flows. Adequate public water supply is
available and sufficient sanitary sewer capacity is available to open the facility and operate in the
interim. However, there Is project currently under design to Increase the long-term capacity, which is
scheduled to be completed in 2021. The upgrade will be completed prior to the late fall 2021 start of
operations ofthe gaming facility. As part ofthe agreement with the City of Danville, the petitioner will
b. responsible for contributing funds toward the construction of sanitary capacity upgrade.
We respectfully request this change in use be granted by committee and be forwarded onto the full City
Council for a vote to rezone this area as B3 General Business District.
FLAT MAP
 Site Plan Overview for Request for Zoning and New Use
at 204 Eastgate Drive, Danville, IL 61834

Pursuant to the latest.Illinois Gaming Expansion,, We are proposing to locate the gaming facility awarded
to the City of Danville ( Phase 1) within one of the' existing structures located at the 204 Eastgate Drive
parcel, This submission and site review are submitted to seek approval to rezone this parcel as B-3
General Business District to accommodate the change In use.

This property was originally used as a manufacturing facility. Most recently, it has been used as a
distribution/ storage warehouse for a local manufacturer. The developed parcel consists of
approximaltely. 8.5.acres with three existing structures totaling 110, 000 sf currently erected on the
Oaf6il One ofthe 991s ting-pre--engineered-metalbuildings-ofapproximately-60,000-sfimdll' b'La-utilizedas--
the building structure for the gaming facility. The remaining 50,000 sf of existing structures are to be
demolished. Other than a proposed portecochere, no other substantial,changes to the remaining
structure are anticipated.'

The Porte Cochere will be added to the front entrance of the structure, along with landscaping and
decorative lighting. The exterior of the existing pre-engineered metal building will be renovated to a
neat, like- n6w appearance. On'site parking will be provided for the patrons as well as employees and will
consist of approximately 690 parking spaces conveniently located to the main and employee entrances,
Site development will include all site utilities, asphalt paved parking areas, site lighting, landscaping, and
monument sign at the gaming facility entrance. An additional curb cut may be required to facilitate
the traffic circulation on Eastgate Drive and Eastgate Court.

The adjoining adjacent Property owners are limited to a metal recycler, a truck terminal and a bank
branch office. We anticipate no issues with them related to the proposed gaming facility. However,
notices will be sent to these property owners. The notification for todays meeting was published on
and the certificate of publication will be provided if requested.
The gaming facility hours of operation will be 24 hours.a day, 7 days a week. construction of the gaming
facility will take nine months from the close of financing.
The request is consistent with all applicable provisions of the Comprehensive Plan as it is compatible
with the existing or allowable uses of the adjacent properties. Proposed location is ideally situated
adjacent to the Northern Hotel District just off the lynch Rd exit of 74, with over 500 hotel rooms within
walking distance or a short drive to the proposed development. Eastgate Drive consists of a mixture of
commercial properties such as the hotels, banking and retail as well as industrial properties such as the
metal recyclers and distribution/ storage warehouses. Therefore, not only will the gaming facility
preserve the existing character of the vicinity; it will actually compliment the character, which should be
welcomed by the City of Danville.

There are no concerns with the health or safety of the public from the proposed use, Given the absence
of any residences in the immediate vicinity, It will have little, if any, impact on any living conditions.
There are no concerns or adverse effects on the natural environment. The majority of the 8. 5 acre parcel
is impervious, covered by buildings, driveways and parking areas. However, a drainage study will be
 FINDING OF FACT AND FINAL DETERMINATION
of the Danville Area Planning & Zoning Commission
ZONING PETITION" #: 279
HEARING DATE; September 3, 2020
DESCRIPTION OF REQUEST: The petitioner, Danville Development, LLC. is requesting that the
Property commonly known as 204 Eastgate Drive be rezoned from 12— General Industrial to 133 — General
Business to allow for the use a Casino to be located on the property.

DOCUMENTS OF RECORD
1,
Petition for Rezoning received on 08/ 12/ 2020
2.
Proof of Publication filed on 08/ 18/ 2020 3. '
Preliminary
Staff Report dated 08/18/ 2020 4,
Peti on
Hearing Date on 09/ 03/2020` WITNESSES.
I .
plumber
Dumber
of persons; other than the Peti oner, to testify on behalf of therequest: o 2;
Number
ofpersons signing a peti on in favor of the request; q 3.
Number
of persons objecting to the request at the hearing. I 4.
of persons f1ling a writen objection or signing a peti on opposed to the request. 0,COM IS ON'
S FINDINGS OF FACT SUPPORTING RECOMMENDATION From
the documents of record and the testimony received at the public hearing conducted on august 6th,2020,
the Planning &,Zoning Commission of the City of Danvil e finds that.I
The proposed amendment IS NOT consistent with the goals, objectives and policies of the C itys ' Comprehnsive Plan
andIS in general conformity with the designations delineated ou the Futures and Use Map, 2.
The proposed amendment IS NOT consistent with the spirit, purpose and intent of the Zoning ordinance.3.
The develoeptasmifecantiotns allowed
ng ofby the proposthe
property within ed amendment•WILL
general area. 4.NOT be compatible with existing uses and existing Witi.
The proposed amendment WILL NOT constitute an entering wedge and DOES NOT create ail isolated, unrelated zoning
district: 5.

Tin
he' development' allowed by
which it.
the proposed amendment WILL NOT preserve the esscntiai character of the neighborho d
is located, 6.

The land use pattern' of the area HAS NOT chanigdd since the present zoning was applied to the subject property, 7.
The proposed amendment WILL NOT adversely affect the health, safety or welfare of the public. !S.
The proposed amendment WILL NOT irdve.sei s influe celiving;, ondidmis in the immediate vicinity,1
Theproperties;
development allowed
10, by the proposed amendment' Iriti%,
LWOT be iteinirous to the use aiid"enjoyment of adjacent,
The proposed amendme rt_
WILL NOT a ve tsel lim 11.
The proposed amendment DOES NOT appear to meet thc-LaSati er# u:
 FINAL DETERMINATION
The Danville Planning & Zoning Commission determines that, based upon the application,
testimony, and other evidence received, that, the.requirements of the Zoning Code have been met
and pursuant to the authority granted by Chapter 150 ofthe City of Danville Code of Ordinances
recommends that:

L Zoning Petition #279 be approved and the following modifications to the Danville Zoning`
Ordinance/General
from 12 — Map be made: the property commonly known as 204 East Gate Drive be rezoned
Industrial to B3 —.General Business.

VOTE OF THE COMMISSION

Concurring with the Recommendation Pete Goodwin
Not Concurring: Ted Vacketta, Tracy Taylor, Michael Hall, Tray Savalick, & Justin Fleming
Not. Voting: Adam Brawn;,
Absent:

MOTION DENIED

The foregoing is a complete and accurate record of the findings and determination ofthe Planning and
Zoning Commission of the City of Danville,
fn
ogan conk, Z
Administrator

P, gt' z0 a
Lisa Monson
City Clerk
Lisa K. Monson, City Clerk
Danjlqjle, Illincis
City of Danville

Dear Ms. Monson:

As the adjacent property owner to'204 Eastgate Drive, Mervis Industriesobjects to the petition to change
the zoning ot'204 Eastgate Drive. We own in excess of 20%of the frontage immediately adjoining
204 Eastgate Drive.Sincerely,

Michael

Mervis Cc.:

Danvil e Development PO;

Box 827 217.

4425300
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