This chapter shall be known, referred to and cited as the “Zoning Ordinance of the City of Wilmington.” (Ord. 1324, passed 1-4-00)

The purpose and intent of this chapter is to regulate and control the development of land within the jurisdiction of the city. It is also designated to promote the health, safety and welfare of the general public. The chapter is designed to accomplish the following:
(A) Support the goals, objectives and policies of the city comprehensive plan;
(B) Provide for the establishment of zoning districts within which is established the use of land, or structures for residence, trade, or industry; the density of population; the height, the number of stories, the area, the size and the location of buildings, yards, courts and open spaces; the light and ventilation of buildings;
(C) Lessen and avoid congestion by requiring off-street parking and loading zones;
(D) Prevent and discourage the continuance of nonconforming uses and structures;
(E) Reduce hazards due to flooding;
(F) Preserve the character of each district of the city and its unique suitability for particular uses;
(G) Preserve and enhance the taxable value of land, buildings and structures;
(H) Prevent the undue concentrations of population;
(I) Advance the social and economic stability of the city;
(J) Ensure the adequate provision of public transportation, streets, highways, sewers, water mains, schools, recreation areas and other public facilities;
(K) Safeguard the public health, safety and general welfare. (Ord. 1324, passed 1-4-00)

The provisions of this chapter were originally adopted and became effective on January 4, 2000. (Ord. 1324, passed 1-4-00)

(A) Uses. No buildings or structures shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located.
(B) Permit. No application for a building permit or other permit or license, or for a certificate of occupancy, shall be issued by the building officer, and no permit or license shall be issued by any other city department, which would authorize the use or change in use of any land or building contrary to the provisions of this chapter, or the erection, moving, or alteration, enlargement or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this chapter.
(C) Lot and building requirements. No building or structures shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used unless such building and land meet the bulk and density requirements of the district in which the building or land is located as well as all other applicable regulations under this title.
(D) New Construction--Minimum Dwelling Size. Exception--for land, buildings and structures annexed before January 1, 2005.
(1) One Story. Must have a total that equals 1,400 square feet of finished living area, exclusive of garage, breezeway, porches, crawlspaces and basement.
A one-story dwelling shall be defined as a residence with only a first floor area exclusive of a basement area.
(2) One and One-Half Story. Must have a total that equals 1,400 square feet of finished first floor living area, exclusive of garage, breezeway, porches, crawlspaces and basement and a total that equals 1,800 square feet in the dwelling as a whole, exclusive of garage, breezeway, porches, crawlspaces and basement.
A one and one-half story dwelling shall be defined as a residence with a first floor and a half story below, exclusive of garage, breezeway, porches, crawlspaces and basement but can include those buildings commonly referred to as multi-level, split level, bi-level or tri-level if they meet minimum square footage.
(3) Two Story. Must have a total that equals 1,000 square feet of finished first floor living area, exclusive of garage, breezeway, porches, crawlspaces and basement and a total that equals 1,850 square feet of total living area in the dwelling, exclusive of garage, breezeway, porches, crawlspaces and basement.
(4) Multi-level, Split level, Bi-level or Tri-level. Must have a total that equals 1,400 square feet of finished first floor living area, exclusive of garage, breezeway, porches, crawlspaces and basement and have a total that equals 1,800 square feet in the dwelling, exclusive of garage, breezeway, porches, crawlspaces and basement.
(5) Condo, Multi-family, Town Home or Apartments.
(a) Two Bedroom. Must have a total that equals 1,200 square feet of finished living area, exclusive of garage, breezeway, porches, crawlspaces and basement. If there is a second floor, a total that equals 1,850 square feet in the dwelling, exclusive of garage, breezeway, porches, crawlspaces and basement must be constructed.
(b) One Bedroom. Must have a total that equals 1,000 square feet of finished living area, exclusive of garage, breezeway, porches, crawlspaces and basement. If there is a second floor, a total that equals 1,650 square feet in the dwelling, exclusive of garage, breezeway, porches, crawlspaces and basement must be constructed. (Ord. 1324, passed 1-4-00; Am. Ord. 1644, passed 12-7-04)

The city building official is designated as the enforcing officer of this zoning ordinance (also known as zoning administrator). The enforcing officer is authorized to enforce, issue orders to prevent and stop violations, and administer the provisions of this code. (Ord. 1324, passed 1-4-00)

(A) An appeal may be taken from any order, requirement, decision or determination of the zoning administrator. For purposes of this section, zoning administrator shall be construed to mean the building officer or his designee.
(B) Procedure for appeal. The appeal shall be made within 45 days of the action by filing with the PZC or enforcing officer a notice of appeal specifying the grounds thereof. The PZC or enforcing officer shall forthwith transmit to the PZC all of the papers constituting a record upon which the action was taken. A hearing before the PZC will be held within 45 days of the filing of the petition. The PZC shall make recommendation to the city council within 60 days of the hearing. (Ord. 1324, passed 1-4-00)

(A) The city council, after receiving a report from the planning and zoning commission (PZC) containing their findings and recommendations, may vary the regulations of this chapter within their general purpose and intent.
(B) The PZC shall make recommendation and provide findings of fact to the city council to the same that:
(1) Adequate evidence was submitted to establish practical difficulties or particular hardship so that, in the judgement of the PZC, a variation is permitted because the evidence sustained the existence of each of the four following conditions:
(a) Reasons that strict enforcement of the code would involve practical difficulties or impose exceptional hardship;
(b) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the particular district or zone;
(c) The plight of the owner is due to unique circumstances;
(d) The variation, if granted, will not alter the essential character of the locality.
(2) Procedures for variations. An application for a variance shall be processed in accordance with the provisions of Section 150.18 of this chapter.
(3) Conditions and restrictions. The PZC may recommend and the city council may impose conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards set forth in this section. (Ord. 1324, passed 1-4-00)

(A) A minor variance shall be defined as any one of the following:
(1) A decrease of not more than five percent (5%) of the required minimum lot area per dwelling.
(2) A decrease of not more than ten percent (10%) of the required minimum lot width or depth.
(3) A decrease of not more than fifteen percent (15%) of the required width of a side yard setback or the required building separation.
(4) A decrease not totaling more than fifteen percent (15%) of the required front and rear yard setbacks.
(5) An increase of not more than twenty percent (20%) of the permitted height of a fence or wall.
(6) An increase of not more than ten percent (10%) of any permitted projection of steps, stairways, landings, eaves, overhangs, masonry chimneys, and fireplaces into any required front, rear or side yard setback.
(7) An increase of not more than ten percent (10%) of the permitted height or areas of signs are required by the sign code.
(8) An increase of not more than ten percent (10%) of the maximum allowable lot coverage.
(9) An increase of not more than ten percent (10%) in the permitted height of buildings.
(B) Procedure.
(1) Each applicant shall meet with the city administrator to discuss the proposed variance as well as other options that may be available to the applicant.
(2) Each applicant shall submit the following materials to the city administrator prior to any official action being taken:
(a) Minor variance application form.
(b) Owner’s/agent’s authorization affidavit.
(c) Sketch plan containing and illustrating the following:
(i) Property dimensions.
(ii) Orientation (directional arrow indicating north).
(iii) Scale (one inch equals 20', 30', 40', etc.).
(iv) Proposed structures with all dimensions.
(v) Distance between structures.
(vi) Distance from all structures to property lines.
(vii) Required setbacks from streets/roads and property lines.
(viii) Description of each structure’s use.
(ix) Identification of adjacent streets and roads.
(x) Tax property identification number.
(d) Consent form signed by all owners, as appearing in the recorded documents and authentic tax records of Will County, of properties which are contiguous to the property requesting a variance, including those properties separated solely by rights-of-way.
(e) Seventy-five dollar ($75.00) fee.
(3) Once all required materials have been submitted, the city administrator shall issue a written decision granting or denying the requested variance within ten (10) business days, which decision shall be transmitted to the applicant via certified mail. The city administrator may impose conditions and restrictions upon the property requesting a variance as may be necessary to comply with the standards set forth in this section.
(C) The city administrator shall not grant a minor variance unless he or she finds that the following requirements have been satisfied:
(1) There are extraordinary, peculiar and exceptional conditions or practical difficulties pertaining to the subject property because of its size, shape or topography that are not applicable to other properties within the same zoning classification, creating an unnecessary hardship for the property owner. Such conditions or difficulties shall be directly tied to the land; personal and/or self-imposed hardships or conditions may be given consideration but are not substantial reasons for granting a variance.
(2) A literal interpretation of the provisions in the zoning ordinance would effectively deprive the applicant of rights commonly enjoyed by other properties within the same zoning district.
(3) Granting the minor variance will not confer upon the subject property or its owner any special privileges that are denied to other property owners within the same zoning district.
(4) The requested minor variance will be in harmony with the purpose and intent of the zoning ordinance and will not be injurious to the health, safety or general welfare of the citizens of the city of Wilmington.
(5) The requested minor variance deviates from the zoning ordinance only to the extent necessary to accommodate the proposed use of the land, building or structure within the zoning district.
(D) If one or more contiguous property owners withhold consent, if the city administrator denies a requested variance or if an applicant objects to the conditions imposed by the city administrator upon a granted variance, an applicant may file for a variance in accordance with standards and procedures set forth in Sections 150.12 and 150.18.
(E) The city administrator will provide members of the city council and planning and zoning commission with monthly status reports on all minor variance applications received. (Ord. 06-11-07-02, passed 11-7-06)

The city council may from time to time amend the regulations imposed and the districts created by this chapter after a public hearing before the PZC.
(A) At least 15 days but not more than 30 days prior to the public hearing, notice of the time and place of the hearing shall be published in a paper of general circulation in the city.
(B) The city planner shall prepare and submit a report to the PZC outlining the intent and purpose of the text amendment and make recommendation to the PZC.
(C) The PZC shall hold a public hearing and shall consider the proposed text amendment and relevant facts presented by the applicant, the public or city staff. Once the PZC is satisfied that they have heard all of the relevant facts, they shall recommend to the city council approval or denial of the proposed text amendment or the approval of a modified version of the proposed text amendment.
(D) After recommendation by the PZC, the city council may, by ordinance, approve, deny or approve with modification, the proposed text amendment. (Ord. 1324, passed 1-4-00)

The city council, after receiving a report from the PZC containing its findings and recommendations, may amend the zoning district boundary lines.
(A) Standards for map amendments. The PZC shall make findings and recommendations based upon the evidence presented to it in each specific case that:
(1) The proposed rezoning conforms to the comprehensive plan; or conditions or trends of development have changed in the area of the request, since the adoption of the comprehensive plan, to warrant the need for different types of land uses or densities. Furthermore, the proposed rezoning is appropriate considering the length of time the property has been vacant, as originally zoned, and taking into account the surrounding area’s trend of development;
(2) The proposed rezoning conforms to the intent and purpose of this chapter;
(3) The proposed rezoning will not have a significant detrimental effect on the long-range development of adjacent properties or on adjacent land uses;
(4) Adequate public facilities and services exist or can be provided.
(B) Procedure. An application for a map amendment shall be processed in accordance with the provisions of Section 150.18 of this chapter.
(C) For the purpose of implementing the above the PZC and city council shall give weight to the following considerations:
(1) The potential benefits and detriments of the proposed zoning change to the public health, safety and welfare;
(2) The extent to which the proposed amendment is in compliance with and/or deviates from the adopted comprehensive plan;
(3) The suitability of the property in question for the uses permitted under the proposed zoning;
(4) The adequacy of appropriate public facilities, such as sewer, water and roads and of other required services. (Ord. 1324, passed 1-4-00)

If a lot or parcel for which a map amendment has been issued has not been put to a bona fide use or uses permitted in the amended district within two years after the ordinance or order making the amendment, the city may revert the zoning classification of the property to the zoning district present before the amendment.
(A) Initiation of reversion. Reversions may be proposed by the city council, planning and zoning commission, or by any person aggrieved by the map amendment.
(B) Procedure for reversion.
(1) An application for reversion shall be filed with the zoning administrator and shall be in such form and contain such information as the zoning administrator may require.
(2) A copy of the application for reversion shall be forwarded to the planning and zoning commission with a request to hold a public hearing.
(3) The planning and zoning commission shall hold a public hearing on the reversion within 60 days after receiving the application from the zoning administrator. Notice of the time and place of such hearing shall be published at least 15 days but no greater than 30 days prior to the hearing in a newspaper of general circulation in the city. A copy of the public notice shall be mailed by registered or certified mail to the current owner of record of the subject property as found on the last tax assessment.
(4) The hearing shall be held at the time and place indicated in the public hearing notice.
(5) The PZC shall present to the city council at their next regular meeting a report and findings-of-fact showing the time and place of the meeting, the action taken by the PZC, the members present, the applicants present, any objectors, all petitions, papers, plans, and maps regarding the rezoning, the publication notice, the vote of the PZC, its recommendations and any other information pertinent to the subject request. These documents should be filed with the city clerk and placed in the file made by the city clerk at the time of the original petition by the applicant.
(6) After recommendation of the PZC is received, the city council may grant or deny any proposed reversion. (Ord. 1324, passed 1-4-00)

After denial of a map amendment by the city council, no application for the same zoning district on the same property shall be made until at least 180 calendar days since the council’s denial. (Ord. 1324, passed 1-4-00)

In addition to those uses specifically classified and permitted in each district, it is recognized that there are certain additional uses which may be desirable to allow because of their service to the public. However, because of their unusual and unique characteristics and impacts, these conditional uses require additional consideration. The city council, after receiving a report from the PZC containing its findings and recommendation, may allow a conditional use in connection therewith in a particular zoning district or districts.
(A) Standards for conditional uses. The city council, based upon recommendation from the PZC, shall make findings based upon the evidence presented to it in each specific case that:
(1) The establishment, maintenance or operation of the conditional use will not be detrimental to, or endanger the public health, safety, and general welfare; and
(2) The conditional use will not be injurious to the use and enjoyment of other property in the immediate area for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood; and
(3) The establishment of the conditional use will not impede the normal and orderly development and improvement of the adjacent property for uses permitted in the district.
(B) Procedure. An application for a conditional use shall be processed in accordance with the provisions of Section 150.18 of this chapter.
(C) Conditions and restrictions. The PZC may recommend and the city council may impose conditions and restrictions upon the premises benefitted by a conditional use as may be necessary to comply with the standards set forth in this section.
Such conditions and restrictions shall directly benefit the premises described in the conditional use and shall be imposed only if the city council finds them necessary to prevent circumstances which may be adverse to public health, safety and welfare. Such conditions and restrictions shall be reasonably conceived to fulfill public needs emanating from the proposed land use. Changes or alterations of conditions and restrictions shall be processed in the manner set forth in this section.
(D) Effective period. Unless otherwise stated in the conditions of a particular conditional use permit, substantial construction or operation of the conditional use must commence within one year of the effective date of the permit. This time period may be extended through application to and approval by the city council. If no appeal is made or no extension is granted, the permit shall terminate upon expiration of the one-year period.
If the conditional use is discontinued for greater than one year, the conditional use permit shall expire and may not resume without city council approval. (Ord. 1324, passed 1-4-00)

The process for obtaining a variance, map amendment and conditional uses shall be as follows:
(A) An application shall be filed with the zoning administrator or his designee. In addition to submitting the application, the applicant shall be required to submit all of the information requested in the development checklist and a drawing of the property showing the following:
(1) All dimensions of the property;
(2) Location of all streets, alleys and other properties within 150 feet of the subject property;
(3) Where applicable, the approximate location of all existing and proposed buildings, curbcuts, driveways, off-street parking spaces and loading areas, traffic circulation patterns, adjoining street pavement and right-of-way widths, sidewalks, landscaping, screening, open space areas, signage, lighting, sanitary sewer and water utilities, and other related site plan features;
(4) Legal description of the property.
(B) The zoning administrator or his designee shall arrange for the notice of a public hearing to be published no less than 15 days but no greater than 30 days prior to the hearing in a newspaper of general circulation in the city.
All published notices shall contain the place, the nature and the purpose of all variances, map amendments or conditional uses requested, and the date and time of such hearing. The notice shall also include the legal description, the common address or location of the property in question, the name and address of the applicant and owner of the property, and the office address of the zoning administrator where full information regarding the petition may be obtained.
The zoning administrator shall secure at least one copy of the publication notice as published and certified by the publisher for the application file.
(C) The zoning administrator or his designee shall deliver one copy of the application to the chairman of the PZC and one copy of the application to the secretary of the PZC.
(D) The zoning administrator shall prepare a receipt for the filing fee for the applicant. No application is to be filed unless the fee is paid. The fee schedule is set forth by the city council and may be amended from time to time.
(E) The city shall provide and the applicant shall post notice of the public hearing on a sign upon the property for which the variance, map amendment or conditional use is requested. One sign shall be provided by the city and placed by the applicant for each frontage of a public right-of-way. The sign shall be of such a size and coloring and with letters of sufficient size as to be clearly legible to the public view on all adjacent public rights of way. The sign shall contain the number assigned to the application, the place, the nature, the purpose, and the date and time of such hearing and the office address of the zoning administrator where full information including a legal description may be obtained concerning the application, and shall be posted not more than 30 days nor less than 15 days in advance of such hearing.
(F) The applicant shall also give written notice to the owner of record, as shown on the record of the local real estate tax collector, of all lots lying within 250 feet, exclusive of rights-of-way, of the property lines of the lot for which the variance, map amendment or conditional use is sought. The written notices shall be delivered personally or may be sent by certified or registered mail, properly addressed, with sufficient postage affixed thereon, with return receipt requested. The applicant shall file a sworn affidavit with copies of the notices with the zoning administrator, showing the names and addresses of the persons to whom the written notices have been sent. Said affidavit shall be a presumption of the giving of said notices.
(G) The applicant shall pay all professional fees including, but not limited to, reasonable attorneys’, engineers’ and planners’ fees associated with the application. The applicant shall execute a professional agreement in an amount established by ordinance by the city council, which may be amended from time to time.
(H) The secretary of the PZC will notify all members of the PZC of the date of the zoning hearing.
(I) The city planner shall review the proposal and submit a report to the PZC outlining the details of the subject request and its compliance with city ordinances and make recommendation to the same.
(J) The hearing shall be held at the time and place indicated in the public hearing notice.
(K) Within 60 days after the hearing the PZC shall present to the city council at their next regular meeting a report and findings-of-fact showing the time and place of the meeting, the action taken by the PZC, the members present, the applicants present, any objectors, all petitions, papers, plans, and maps regarding the rezoning, the publication notice, the vote of the PZC, its recommendations and any other information pertinent to the subject request. These documents should be filed with the city clerk and placed in the file made by the city clerk at the time of the original petition by the applicant.
(L) Prior to the city council meeting, the city attorney shall be notified by the city clerk to prepare the necessary ordinance.
(M) After recommendation by the PZC is received, the city council may, by ordinance, grant, or grant with conditions, restrictions, or modification, the proposed variance, conditional use, or map amendment, as permitted by law. If the city council does not approve of a proposed variance, conditional use or map amendment after recommendation by the PZC, it may deny the proposed variance, conditional use or map amendment or refer the same back to the PZC for further consideration.
(N) The city clerk is to notify the applicant and the president and secretary of the PZC of any action taken on the zoning request. The city clerk will keep the zoning map and show all zoning changes thereon. (Ord. 1324, passed 1-4-00)

(A) Compliance required. No lot, plot or parcel of land shall be improved or developed for multifamily residential, commercial, industrial or any other nonresidential purposes or uses nor shall any building permit be issued for the construction of any improvements or buildings for multifamily residential, commercial, industrial or any other nonresidential purposes and uses within the city until the provisions of this article have been complied with. Resurfacing or paving of existing parking lots, provided said lot is not being expanded, is exempt from this requirement.
(B) Site plan submission. Any person proposing the development of any lot, plot or parcel of land or applying for a building permit for the construction of improvements or buildings for multifamily residential, commercial, industrial or any other nonresidential purposes or uses, prior to the commencement of such development or at the time of the submission of an application for such permit, shall submit 14 copies of a site plan to the PZC. Accompanying each site plan herein required shall be copies of all of the permits from other governmental bodies or agencies required for the contemplated development, improvement or building. A site plan is not required for minor improvements or remodeling of an existing business where the total impervious area (footprint) of the building does not change. A change of zoning, parking lot expansions, minor changes to a commercial entrance or additions to water retention or detention facilities, as required by city ordinances, will require a site plan.
Exemption from the site plan submission requirement does not exempt applicants from the requirement to submit information required by the building inspector as part of the building permit process.
(C) Information on site plan. The site plan shall designate the following:
(1) Topography of the site and adjoining lands as the same will exist upon completion of the contemplated development or improvement at two feet elevation intervals, including groundcover, slopes, banks, ditches and other like features;
(2) Location, arrangement, exterior height dimensions and exterior materials of all permanent buildings and aboveground structures;
(3) Location, arrangement and dimensions of vehicle parking spaces, width of aisles, bays and angle of parking, together with the type of parking surface;
(4) Location and dimensions of vehicular entrances, exits and driveways;
(5) Location and dimensions of pedestrian entrances, exits, walks and walkways;
(6) Location and dimensions of the specific storm or surface water drainage system to serve the site, together with connections to off-site drainage facilities;
(7) Location, dimensions and capacities of all utilities to serve the site including natural gas, telephone, electricity, water and sanitary sewer, together with connections to connecting off-site utility lines and mains;
(8) Location, size, height and orientation of all signs other than signs flat on building facades;
(9) Lighting plan showing location, size, height, illumination and orientation of all lights;
(10) Location and dimensions of all storm water retention ponds and facilities;
(11) Location, arrangement and dimensions of vehicle loading and unloading spaces, areas and docks;
(12) Location, dimensions and materials of walls and fences;
(13) The date the site plan was prepared and the name, address, and phone number of the preparer. Site plans involving any engineering are required to bear the signature and seal of an Illinois professional engineer.
(D) Compliance with zoning and city regulations. The site plan or addendum thereto shall further contain information showing compliance with all of the requirements of the applicable zoning district regulations and all other applicable provisions of the city code.
(E) Examination of site plan. The PZC shall require the city engineer and city planner to examine and review the site plan to determine whether the same complies with this chapter and all other city ordinances, insures adequate utility service to the development or building and provides for proper storm or surface water retention and drainage, whether the contemplated development, improvement, building or facilities will harm or damage surrounding properties or overload public and utility improvements beyond their capacity and shall submit his written recommendation of approval, denial or modification to the PZC, building inspector, and zoning officer for their review and recommendation for approval or denial.
(F) PZC review. The PZC shall review the proposed site plan and within 60 days of receipt of a complete site plan shall make its recommendations with regard to the site plan to the mayor and city council.
(G) City council, final decision. In all cases the city council shall make the final decision as to the approval or denial of a site plan, and shall consider in its decision the recommendation or lack thereof from the building inspector, zoning officer, PZC and city engineer.
(H) Denial of site plan. In the event a site plan does not comply with all required recommendations, it shall be deemed denied until all recommendations are complied with.
(I) Site plan review fee and professional fee agreement. The applicant shall submit a site plan fee in the amount dictated by the city council, which may be amended from time to time. In addition, the applicant shall pay all professional fees including, but not limited to, reasonable attorneys’, engineers’ and planners’ fees associated with the site plan review. The applicant shall execute a professional agreement in an amount established by ordinance by the city council and may be amended from time to time. (Ord. 1324, passed 1-4-00; Am. Ord. 1401, passed 1-15-02)

The city council shall adopt by separate ordinance or resolution the fee or fees required for any application to the city provided for under this code. (Ord. 1324, passed 1-4-00)

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 1324, passed 1-4-00; Ord. 1574, passed 7-15-03)

Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this article shall have the meaning indicated when used in this chapter.
“Accessory use or building.” A use or building on the same lot with and of a nature customarily incident and subordinate to those of the main use or building.
“Adjacent.” Having a common border or being separated from such a common border by a right-of-way, alley or easement; abutting.
“Alley.” Any public or private way affording a secondary means of access to abutting property.
“Alterations.” Any change, addition, or modification in construction or type or occupancy and change in the structural members of a building such as walls or partitions, columns, beams, or girders. This definition includes the enlargement of a building or structure whether by extending a side or increasing the height.
“Apartment.” A suite of rooms or a room in a multifamily building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
“Automobile repair facility.” A place where, along with the sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting and undercoating of automobiles.
“Automobile service stations.” A place where gasoline, or any other automobile engine fuel, stored only in underground tanks, kerosene, or motor oil, lubricants, or grease, for operation of motor vehicles, are retailed directly to the public on the premises including the sale of minor accessories and the servicing and minor repair of automobiles.
“Basement.” That portion of a building which is partly or entirely below grade.
“Bed and breakfast.” An owner-occupied dwelling unit having not more than five bedrooms used to provide transient lodging accommodations to the public as a commercial use.
“Bedroom.” The term includes any room used principally for sleeping purposes, as an all-purpose room, a study or a den.
“Buffer area.” A strip of land established to protect one type of land use from another land use that is incompatible. Normally, the area is landscaped and kept in open space use.
“Building.” Any structure used or intended for supporting or sheltering any use or occupancy. To determine the number of buildings on a zoning lot, each building shall be considered a separate building when they are not joined by a common wall, roof, ceiling and floor assemblies.
“Building height.” The vertical distance measured from the established grade to the highest point of the roof building. Where a building is located on sloping terrain the height may be measured from the average ground level of the grade at the building wall.
“Building line.” (See “Setback.”)
“Building, principal.” A building or structure in which a principal use is conducted.
“Building, nonconforming.” A building or portion thereof lawfully existing on or before the date of the ordinance codified in this chapter or amendments thereto, and that does not conform to the conditions, area requirements, lot width requirements, yard requirements, height limitation, bulk regulations or off-street parking and loading requirements of the zoning district in which said building is located by reason of the adoption or amendment of said ordinance.
“Car wash.” A building, structure or portion thereof containing facilities for washing motor vehicles.
“Church.” An institution that people regularly attend to participate in or hold religious services, meetings and other related activities. The term “church” shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.
“Clinic.” An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists or similar professionals.
“Club.” An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics or the like but not operated for profit.
“Community residence.” A group home or specialized residential care home serving unrelated persons with disabilities which is licensed, certified or accredited by appropriate local, state or national bodies. Community residence does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse or for treatment of a communicable disease.
“Comprehensive plan.” A document containing both written and graphic information concerning the future development of the city and its environs. It is an officially adopted policy guide for locating land uses and other community development issues.
“Conditional uses.” Uses which will be permitted in specified zoning districts only after a public hearing before the PZC and the approval of the city council in accordance with the provisions of Section 150.18 (Procedures for Variances, Map Amendments, and Conditional Uses).
“Conditional use permit.” A permit issued by the PZC to allow certain specific developments that would not otherwise be allowed in that particular zoning district where the land is located. These permits are issued only after the applicant has followed the procedures as stated in this code. Development under a conditional use permit differs from a zoning change in that it is much more specific. The applicant submits plans and if approved, must follow those plans exactly or reapply for a permit before deviating from the plan, whereas, if given a zoning change, the applicant can then proceed to develop whatever he/she wishes to, subject only to the provisions of the new zone district designation.
“Condominium.” An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property.
“Day care center.” A facility which exclusively provides supplemental parental care and supervision, recreation and/or educational instruction to children or adults during the entire or any portion of the day.
“Density.” The number of dwelling units per net acre of land. Net acreage is defined as the site area less all land allocated to street rights-of-way.
“District, zoning.” A portion of the incorporated area of the city within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.
“Dwelling.” A building, structure or a portion thereof designed exclusively for residential occupancy, including single-family detached dwellings, two-family dwellings, duplexes, single-family attached dwellings and multiple-family dwellings.
“Dwelling, multiple-family.” A building, structure or portion thereof containing three or more dwelling units where the units are primarily connected vertically.
“Dwelling, single-family attached.” A building, structure or portion thereof containing three or more attached single-family dwellings where the units are primarily connected horizontally and are not more than two dwelling units deep.
“Dwelling, single-family detached.” A building or structure containing one dwelling unit which is entirely surrounded by open space, but not including mobile homes.
“Dwelling, two-family.” A detached or semidetached building or structure containing two dwelling units designed for and occupied by two families.
“Dwelling unit.” A room or group of rooms forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, cooking and/or eating.
“Family.” Two or more persons related to each other by blood, marriage, adoption or other means of legal custody, plus not more than two unrelated lodgers or guests, living together as a single housekeeping unit in a dwelling unit.
“Farming.” The use of land for agricultural purposes, including agriculture, floriculture, forestry, grazing of dairy animals, greenhouses, hatcheries, horticulture, nurseries, orchards, paddocks, truck farming, viticulture, and raising of fur-bearing animals and poultry.
“Floor area.” For the purpose of computing the minimum allowable floor area in a building or structure, the sum of the horizontal areas of each story of the building shall be measured from the interior faces of the exterior walls. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breeze-ways, and enclosed and unenclosed porches, except basement areas designated and used for dwelling or business purposes.
“Floor area ratio (FAR).” The gross floor area of the building or buildings on a lot divided by the area of the lot.
“Garage, parking (parking structure).” A building designed and used for the storage or four or more vehicles. Such a building may be operated as a business enterprise or as a public service, with or without charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles.
“Garage, private.” An accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats, and similar vehicles owned and used by the occupants of the building to which it is accessory. Facilities for mechanical service or repair of a commercial or public nature are prohibited.
“Garage, service.” (See “Automobile repair facility.”)
“Grade.” The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
“Home occupation.” An accessory use of a dwelling unit which is utilized for gainful employment involving the manufacture, provision or sale of commodities and/or services by a member of the family who is residing in the dwelling unit in which the home occupation is being conducted. Such use is clearly incidental and secondary to the residential dwelling unit in which it is located and does not alter the exterior of the building or lot or affect the residential character of the neighborhood.
“Hotel.” A facility offering transient lodging accommodations at a daily rate to the public and providing additional services, such as, meeting rooms, and recreational facilities.
“Junkyard.” A parcel of land on which waste material or inoperative vehicles and other machinery are collected, stored, salvaged or sold.
“Kennel.” Any dwelling unit or a nonresidential building, structure, parcel of land or portion thereof in which four or more dogs, cats or other household domestic animals are maintained, boarded, bred, cared for or kept for the purpose of sale, but not including veterinary care or treatment.
“Loading space.” An off-street space on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
“Lot area.” The total area circumscribed by the boundaries of a lot.
“Lot, corner.” A lot of which at least two adjacent sides abut for their full lengths upon street rights-of-way. The point of intersection of the right-of-way lines is the corner. For the purpose of establishing of building setbacks, a corner lot is determined to have two front yards.
“Lot depth.” The average horizontal distance between the front lot line and the rear lot line measured along the side lot lines.
“Lot, flag.” A lot with access provided to the bulk of the lot by a narrow corridor of property.
“Lot line.” A line dividing one lot from another, or from a street or any public place.
“Lot line, front.” In the case of an interior lot, is that line separating the lot from the street. In the case of a corner lot or double frontage lot, is that line separating the lot from either street. In the case of a flag lot, is that line most parallel to and nearest the street providing access.
“Lot line, rear.” The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three sides will not have a rear lot line.
“Lot line, side.” Any lot line other than the front or rear lot line.
“Lot of record.” A lot which is part of a subdivision or a parcel of land whose boundaries have been established by some legal instrument, and is shown on a map or plat thereof. A “lot of record” may or may not coincide with a zoning lot.
“Lot, through.” Any interior lot having frontages on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of the lots adjacent to streets shall be considered frontages. Front yards shall be provided as required.
“Lot width.” The horizontal distance between the side lot lines, measured at the front lot line.
“Lot, zoning.” A single tract (or combination of tracts) of land located within a single block, which (by filing and recording an affidavit for the use of more than one lot at the time of application for a building permit) is designated by the owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. A zoning lot or lots may or may not coincide with a “lot of record.”
“Mezzanine.” An intermediate floor in any story occupying not to exceed one-third of the floor area of the story.
“Mobile home.” Any vehicle designed, used, or so constructed as to permit its being used as a conveyance upon the public streets or highways, and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.
“Mobile home park.” Any parcel or parcels, under single ownership or control, with spaces designated for long-term residential use and intended for rent or lease where the residences are comprised of mobile homes.
“Motel.” A series of attached, semidetached, or detached guest rooms or suites for the accommodation primarily of automobile transient guests which does not include individual cooking or kitchen facilities and which provides the unit with convenient access to off-street parking spaces for the exclusive use of guests or occupants of the premises.
“Nonconforming lot.” A lot of record existing at the effective date of the ordinance codified in this chapter, or amendment thereto, (and not created for evading the restrictions of this chapter) that does not meet the minimum area requirement of the district in which it is located.
“Nonconforming situation.” A situation that occurs when, on the effective date of the ordinance codified in this chapter, or amendment thereto, any existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. A nonconforming situation may arise because a lot does not meet minimum size requirements, exceeds maximum height limitations, violates bulk and density requirements, or because land or buildings are used for purposes made unlawful by this chapter.
“Nonconforming use.” A use which lawfully occupied a building or land on or before the date of the ordinance codified in this chapter or amendments thereto, and that does not conform to the use regulations of the district in which it is located.
“Nursery, plant material.” A space, building, or structure, or combination thereof for the storage of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping. Nursery does not include any space, building, or structure used for the sale of fruits, vegetables, or Christmas trees.
“Office.” A building or portion of a building wherein services are performed involving primarily administrative, professional, or clerical operations.
“Open space.” An area that provides light and air, and is designed for either environmental, scenic, or recreational purposes. Open space may include, but not be limited to, lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas and water courses. Open space shall not include driveways, parking lots, or other surfaces designed or intended for vehicular travel.
“Parking lot, off street.” An area not within a building where motor vehicles may be stored for temporary, daily or overnight off-street parking.
“Parking space, off street.” An area on a lot and/or within a parking structure intended for the use of temporary parking of a personal vehicle.
“Parking structure.” (See “Garage, parking.”)
“Pilot plant.” A building or structure used for the testing of commercial or industrial processes and products and for the manufacturing or products for testing purposes.
“Public or private utility.” Any person, firm, corporation, municipal department, board, or commission duly authorized to furnish and furnishing under state or municipal regulations to the public gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.
“Recycling center.” A facility that is not a junkyard and which recoverable resources such as newspapers, glassware, and metal cans are collected, stored, flattened, crushed or bundled within a completely enclosed building.
“Restaurant.” An establishment whose principal business is the selling of unpackaged food to the customer in a ready to consume state, where the customer consumes these foods while seated at tables or counters located within the building or at supplemental outdoor seating areas.
“Restaurant, drive-through.” A business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to either serve patrons while in the motor vehicle or else intended to permit consumption in the motor vehicle of food or beverage obtained by a patron from the business establishment.
“Right-of-way.” Any existing or dedicated sidewalk, street, alley, highway or other thoroughfare.
“Screening.” The method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms or other features.
“Self-service storage facility.” A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for the storage of customer’s goods.
“Setback (building line).” The required minimum horizontal distance between the closest point of an exterior wall of a building or any projection thereon and the related front, side or rear lot line.
“Site coverage.” The part or percent of the lot occupied by buildings, including accessory buildings.
“Stable, private.” A stable for the keeping of horses for the use of the residence of the principal use and shall not include the keeping of horses for others or for commercial boarding and with a capacity for not more than two horses. However, the capacity of a private stable may be increased if the lot on which the stable is located contains at least one acre of land for each additional horse stabled thereon.
“Stable, public.” A stable other than a private stable with a capacity for more than two horses and carried on within a tract of land of not less than 40 acres.
“Story.” That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof above.
“Story, half.” That portion of a building or structure under a gable, hip or mansard roof, the wall plates of which on at least two opposite exterior walls are not more than four and one-half feet above the finished floor of each story.
“Street.” A public thoroughfare which affords the principal means of access to abutting property.
“Structure.” Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having location on the ground. The term “structure” is intended to include, but not be limited to buildings, fences, parking lots, concrete or asphalt slabs, decks and patios.
“Townhouse.” (See “dwelling, single-family attached”).
“Use.” The purpose or activity for which the land or building or structure thereon is designed, arranged or intended, or for which it is occupied or maintained.
“Use, permitted.” A use which may be lawfully established in a particular zoning district or districts, provided it conforms with all requirements, regulations and standards of such zoning district.
“Use, principal.” The principal use to which the premises are devoted and the principal purpose for which the premises exist.
“Variance.” A waiver of the terms of the zoning regulations where, due to conditions peculiar to the property, a literal enforcement of the regulations would result in unnecessary and undue hardship.
“Yard.” The open space on the same lot with a main building unoccupied and unobstructed from the ground upward, except as otherwise provided in this code and as defined herein.
“Yard, front.” An open space extending the full width of the lot the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.
“Yard, rear.” An open space extending the full width of the lot the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage.
“Yard, side.” An open space between a main building and the side lot line extending from the front yard to the rear yard the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building. (Ord. 1324, passed 1-4-00)

In order to classify, regulate, and control the locations of trades, industries, and the locations of buildings designed for specified uses; to regulate and limit the height and bulk of buildings; to regulate and limit the intensity of the use of lots; and to regulate and determine the area of yards, courts, and other open spaces within and surrounding buildings, all the land in the city is divided into the following districts:
A-1 Agricultural District
E-R Estate Residential District (20,000 square foot minimum lot size)
G-R General Residential District (12,500 square foot minimum lot size)
R-1 Residential District (10,000 square foot minimum lot size)
R-2 Residential District (7,500 square foot minimum lot size)
R-3 Residential District (single-family and two-family)
R-4 Residential District (townhouse)
R-5 Residential District (multifamily)
R-B Restricted Business District
B-1 Neighborhood Commercial District
B-2 Light Commercial District
B-2A Central Business District
B-3 General Commercial District
I-1 Office, Research and Light Industrial District
I-2 Light Industrial District
I-3 Heavy Industrial District
(Ord. 1324, passed 1-4-00)

(A) The boundaries of the districts shall be as shown on the map designated as, the “Zoning Map of Wilmington, Illinois” signed and dated by the city clerk upon adoption. This zoning map and all notations, references, and symbols shown thereon pertaining to such districts shall be as much a part of this chapter as is fully described herein and shall be filed as part of this chapter by the city clerk.
(B) Three copies of the official zoning map are to be maintained and kept up-to-date: one in the planning office, one in the building inspector’s office, and one in the city clerk’s office. All of these copies shall be accessible to the public and shall be final authority as to the current zoning status of lands, buildings, and other structures in the city. (Ord. 1324, passed 1-4-00)

Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:
(A) Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow those center lines.
(B) Boundaries indicated as approximately following platted lot lines shall be construed as following those lines.
(C) Boundaries indicated as approximately following city limits shall be construed as following city limits.
(D) Boundaries indicated as following railroad lines shall be construed to be the midway between the main tracks.
(E) Boundaries indicated as following shore lines shall be construed to follow the shore lines and in the event of change in the shore line shall be construed as moving with the actual shore line. Boundaries indicated as approximately following the center line of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow those center lines.
(F) Boundaries indicated as parallel to or extensions of features indicated in subsections (A) through (E) of this section shall be so construed. Distance not specifically indicated on the official zoning map shall be determined by the scale of the map.
(G) Where physical or cultural features existing on the ground are at variance with those shown on the official map or in other circumstances not covered by subsections (A) through (G) of this section the PZC shall interpret the district boundaries. (Ord. 1324, passed 1-4-00)

(A) Whenever any territory shall hereafter be annexed to the city, the zoning classification of that land shall be A-1 Agricultural and the status of existing uses and structures as related to zoning shall remain unchanged until such time as the area annexed has been classified by ordinance.
(B) The Wilmington planning and zoning commission, within 60 days after the annexation of any territory, shall present to the city council a proposed amendment to this chapter classifying the territory in accordance with the purposes and intent hereof. It shall then be the duty of the council to proceed with the amendment in accordance with the regulations contained in this chapter and the statutes in such case made and provided. (Ord. 1324, passed 1-4-00)

(A) Purpose and intent. This district is designed to encourage the use of land for agricultural purposes. This district has a minimum contiguous acreage requirement of 10 acres. Land zoned under the Agriculture District may be used as agriculture as defined herein. The specific intent is to maintain lands best suited to agricultural uses by allowing other economically productive uses which do not irreversibly alter the capacity of the land to support agriculture. This is intended to discourage premature conversion to residential or other nonagricultural uses. Premature conversion creates incompatibility and conflict, places an unbalanced tax load on agricultural lands to help pay for urban services and contributes to the premature termination of agricultural pursuits on other nearby lands.
(B) Permitted land uses and developments.
(1) Apiary;
(2) Arboretum or botanical garden;
(3) Bed and breakfast establishment or guest house offering not more than five rooms to accommodate transient guests;
(4) Camps (day or youth) and religious retreats;
(5) Country club;
(6) Conservation club;
(7) Golf course;
(8) Home occupations;
(9) Rod and gun club, skeet, ski club, polo club on not less than 160 acres;
(10) Single-family dwelling, only if ancillary and lot size is not less than 10 acres.
(C) Conditional uses.
(1) Aqua-culture including commercial fishing lake and hatchery;
(2) Cultivation of field and garden crops (truck farm) including produce stand, if at least 25% of merchandise offered at the stand is grown or produced on-site;
(3) Day care centers;
(4) Flower farm including produce stand, if at least 25% of merchandise offered at the stand is grown on-site and provided that adequate parking is available as determined by the city council;
(5) Grass or sod farm including produce stand, if at least 25% of merchandise offered at the stand is grown or produced on-site;
(6) Kennel, if animal kennels and runs are not closer than 300 feet from the property line;
(7) Nursery, if greenhouse buildings occupy no more than one percent of lot space, and including produce stand, if at least 25% of merchandise offered at the stand is grown or produced on-site;
(8) Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the city council. Including, but not limited to:
(a) Electrical substations and booster stations,
(b) Filtration plan, pumping station, well and water reservoir,
(c) Police and fire station,
(d) Sewage treatment plant,
(e) Telephone exchange and microwave relay tower,
(f) Other government and utility uses;
(9) Stables, commercial or private, if barns are at least 300 feet from property line.
(D) Bulk and density requirements.
(1) Minimum lot area. The minimum lot area shall be 10 acres unless otherwise noted.
(2) Minimum lot width. A minimum lot width of 300 feet shall be provided for each lot used for a permitted or conditional use.
(3) Building setback requirements.
(a) Front yard. No principal building shall be allowed within 50 feet of any front lot line or a street right-of-way line.
(b) Side yard. No principal building shall be allowed within 25 feet of any side lot line.
(c) Rear yard. No principal building shall be allowed within 40 feet of any rear lot line.
(4) Building height limitation. No residential building shall be erected in excess of two and one-half stories or 30 feet in height. No nonresidential or accessory buildings shall be erected in excess of 35 feet in height.
(E) Other development regulations.
(1) Section 150.110 et seq. (Off-Street Parking and Loading).
(2) Section 150.120 et seq. (Signs).
(Ord. 1324, passed 1-4-00; Am. Ord. 1614, passed 2-17-04)

(A) Purpose and intent. The intent is to provide for an environment of very low density single unit dwellings plus certain other facilities which serve the residents living in the district.
(B) Permitted land uses and developments.
(1) Single-family detached dwellings;
(2) Agriculture on a tract of land 10 acres or more in area;
(3) Public parks, playgrounds, forest preserves and public recreational areas.
(C) Conditional uses.
(1) Churches, temples, synagogues or other places or religious worship on a lot of not less than two acres;
(2) Cemeteries on a lot of not less than 10 acres in area and provided no building shall be located less than 300 feet from a lot line;
(3) Colleges, universities and accessory uses thereto, provided on a lot of not less than 40 acres in size;
(4) Golf courses, public or private parks, but not including “Par 3” courses, commercially operated driving ranges, or miniature golf courses; and provided no clubhouse or accessory building shall be located less than 200 feet from a property line;
(5) Hospitals;
(6) Planned unit developments;
(7) Public libraries;
(8) Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the city council. Including, but not limited to:
(a) Electrical substations and booster stations,
(b) Filtration plan, pumping station, well and water reservoir,
(c) Police and fire station,
(d) Sewage treatment plant,
(e) Telephone exchange and microwave relay tower,
(f) Other government and utility uses;
(9) Schools, public or private, elementary, junior high, or high school;
(10) Nursing care facilities including nursing homes and nursing assistance facilities.
(11) Stabling or keeping of horses for personal use only on a lot of not less than five (5) acres in area and provided that the number of horses kept shall not exceed one horse per each acre of property and that enclosed structures for the keeping of horses shall not be closer than fifty (50) feet to any adjoining property line.
(D) Bulk and density requirements.
(1) Minimum lot size. The minimum lot size for permitted and conditional land uses in the E-R Estate Residential District shall be as follows:

(2) Minimum Lot Width. The minimum lot width for permitted and conditional land uses in the E-R Estate Residential District shall be as follows:

(3) Building setback requirements.
(a) Front yard. No principal building shall be allowed within 40 feet of any front lot line or a street right-of-way line.
(b) Side yard. No principal building shall be allowed within 15 feet of any side lot line.
(c) Rear yard. No principal building shall be allowed within 25 feet of any rear lot line.
(4) Building height limitation. No building shall exceed two and one-half stories or 30 feet in height.
(E) Other development regulations.
(1) Section 150.110 et seq. (Off-Street Parking and Loading).
(2) Section 150.120 et seq. (Signs).
(Ord. 1324, passed 1-4-00; Am. Ord. 1336, passed 9-5-00; Am. Ord. 06-06-06-01, passed 6-6-06)

(A) Purpose and intent. The intent is to provide for an environment of predominantly low density single unit dwellings plus certain other facilities which serve the residents living in the district.
(B) Permitted land uses and developments.
(1) Single-family detached dwellings;
(2) Public parks, playgrounds, forest preserves and public recreational areas.
(C) Conditional uses.
(1) Conditional uses permitted in the E-R estate residential district.
(D) Bulk and density requirements.
(1) Minimum lot size. The minimum lot size for permitted and conditional land uses in the G-R General Residential District shall be as follows:

(2) Minimum lot width. The minimum lot width for permitted and conditional land uses in the G-R General Residential District shall be as follows:

(3) Building setback requirements.
(a) Front yard. No principal building shall be allowed within 30 feet of any front lot line or a street right-of-way line.
(b) Side yard. No principal building shall be allowed within 10 feet of any side lot line.
(c) Rear yard. No principal building shall be allowed within 25 feet of any rear lot line.
(4) Building height limitation. No building shall exceed two and one-half stories or 30 feet in height.
(E) Other development regulations.
(1) Section 150.110 et seq. (Off-Street Parking and Loading).
(2) Section 150.120 et seq. (Signs).
(Ord. 1324, passed 1-4-00)

(A) Purpose and intent. The intent is to provide for an environment of predominantly low density single unit dwellings plus certain other facilities which serve the residents living in the district.
(B) Permitted land uses and developments.
(1) Single-family detached dwellings;
(2) Public parks, playgrounds, forest preserves and public recreational areas.
(C) Conditional uses.
(1) Conditional uses permitted in the E-R Estate Residential District.
(D) Bulk and density requirements.
(1) Minimum lot size. The minimum lot size for permitted and conditional land uses in the R-1 Single-Family Residential District shall be as follows:

(2) Minimum lot width. The minimum lot width for permitted and conditional land uses in the R-1 Single-Family Residential District shall be as follows:

(3) Building setback requirements.
(a) Front yard. No principal building shall be allowed within 30 feet of any front lot line or a street right-of-way line.
(b) Side yard. No principal building shall be allowed within 10 feet of any side lot line.
(c) Rear yard. No principal building shall be allowed within 25 feet of any rear lot line.
(4) Building height limitation. No building shall exceed two and one-half stories or 30 feet in height.
(E) Other development regulations.
(1) Section 150.110 et seq. (Off-Street Parking and Loading).
(2) Section 150.120 et seq. (Signs).
(Ord. 1324, passed 1-4-00)

(A) Purpose and intent. The intent is to provide for an environment of low to medium-density single unit dwellings plus certain other facilities which serve the residents living in the district. There shall be no application for any map amendment to the R-2 Residential District nor shall any property annexed to the city be classified as R-2 Residential zoning after the effective date of the ordinance codified in this chapter.
(B) Permitted land uses and developments.
(1) Single-family detached dwellings;
(2) Public parks, playgrounds, forest preserves and public recreational areas.
(C) Conditional uses.
(1) Conditional use permitted in the E-R Single-Family Residential District.
(D) Bulk and density requirements.
(1) Minimum lot size. The minimum lot size for permitted and conditional land uses in the R-2 Single-Family Residential District shall be as follows:

(2) Minimum lot width. The minimum lot width for permitted and conditional land uses in the R-2 Single-Family Residential District shall be as follows:

(3) Building setback requirements.
(a) Front yard. No principal building shall be allowed within 20 feet of any front lot line or a street right-of-way line.
(b) Side yard. No principal building shall be allowed within six feet on the least side with the sum of the two sides not less than 15 feet.
(c) Rear yard. No principal building shall be allowed within 25 feet of any rear lot line.
(4) Building height limitation. No building shall exceed two and one-half stories or 30 feet in height.
(E) Other development regulations.
(1) Section 150.110 et seq. (Off-Street Parking and Loading).
(2) Section 150.120 et seq. (Signs).
(Ord. 1324, passed 1-4-00)

(A) Purpose and intent. This district recognizes the existence of older residential areas of the city where larger houses have been or can be converted from single-family to two-family residences in order to extend the economic life of these structures and allow the owners to justify the expenditures for repair and modernization. This district also allows the construction of new two-family residences where slightly greater densities are permitted.
(B) Permitted land uses and developments.
(1) Those uses permitted in R-2 Single-Family Residential Districts;
(2) Two-family (duplex) dwellings.
(C) Conditional uses.
(1) Conditional use permitted in the E-R Single-Family Residential District.
(D) Bulk and density requirements.
(1) Minimum lot size. The minimum lot size for permitted and conditional land uses in the R-3 Single and Two-Family Residential District shall be as follows:

(2) Minimum lot width. The minimum lot width for permitted and conditional land uses in the R-3 Single-Family Residential District shall be as follows:

(3) Building setback requirements.
(a) Front yard. No principal building shall be allowed within 25 feet of any front lot line or a street right-of-way line.
(b) Side yard. No principal building shall be allowed within 10 feet of any side lot line.
(c) Rear yard. No principal building shall be allowed within 25 feet of any rear lot line.
(4) Building height limitation. No building shall exceed two and one-half stories or 30 feet in height.
(E) Other development regulations.
(1) Section 150.110 et seq. (Off-Street Parking and Loading).
(2) Section 150.120 et seq. (Signs).
(Ord. 1324, passed 1-4-00)

(A) Purpose and intent. This district provides for medium density residential areas of the city that allows for single-family attached (townhome) dwelling units. All structures and uses are to be planned so as to create a cohesive and unified planned development.
(B) Permitted land uses and developments. The following uses are permitted independently or collectively in the R-4 District provided that they are planned so as to create a cohesive and unified development. All R-4 residential developments must be planned unit developments planned and approved in conformance with the requirements of Section 150.70 et seq. (planned unit developments) of this chapter:
(1) Single-Family attached dwellings (townhomes);
(2) Single-family detached dwellings;
(3) Two-family dwellings.
The following uses are permitted independently or collectively in the R-4 District as part of a planned unit development or may, if they are the sole use of the property, be permitted without need of a planned unit development:
(1) Public parks, playgrounds, forest preserves and public recreational areas.
(C) Conditional uses.
(1) Conditional use permitted in the E-R Single-Family Residential District.
(D) Bulk and density requirements.
(1) Minimum lot size. The minimum lot size for permitted and conditional land uses in the R-4 Single-Family Residential District shall be as follows:

(2) Minimum gross lot area per dwelling unit.

(3) Minimum lot width. The minimum lot width for permitted and conditional land uses in the R-4 Single-Family Attached Residential District shall be as follows:

(4) Building setback requirements.
(a) Front yard. No principal building shall be allowed within 25 feet of any front lot line or a street right-of-way line.
(b) Side yard. No principal building shall be allowed within 10 feet of any side lot line.
(c) Rear yard. No principal building shall be allowed within 25 feet of any side lot line.
(5) Building height limitation. No building shall exceed three stories or 35 feet in height.
(E) Special provisions. All developments in the R-4 District must be planned unit developments in accordance with Section 150.70 et seq. (Planned Unit Developments) of this chapter.
(F) Other development regulations.
(1) Section 150.110 et seq. (Off-Street Parking and Loading).
(2) Section 150.120 et seq. (Signs).
(Ord. 1324, passed 1-4-00)

(A) Purpose and intent. This district provides for medium and high density residential areas of the city that may serve to separate areas of more intense use from areas of lower intensity of uses. All structures and uses are to be planned so as to create a cohesive and unified planned development.
(B) Permitted land uses and developments. The following uses are permitted independently or collectively in the R-5 District provided that they are planned so as to create a cohesive and unified development. All R-5 residential developments must be planned unit developments planned and approved in conformance with the requirements of Section 150.70 et seq. (Planned Unit Development) of this chapter.
(1) Multiple-family dwelling units;
(2) Single-family attached dwellings;
(3) Single-family detached dwellings;
(4) Two-family dwellings.
The following uses are permitted independently or collectively in the R-5 District as part of a planned unit development or may, if they are the sole use of the property, be permitted without need of a planned unit development:
(1) Public parks, playgrounds, forest preserves and public recreational areas.
(C) Conditional uses.
(1) Conditional use permitted in the E-R Single-Family Residential District;
(2) Mobile home parks in accordance with Chapter 161, “City of Wilmington Mobile Home Park Ordinance.”
(D) Bulk and density requirements.
(1) Minimum lot size. The minimum lot size for permitted and conditional land uses in the R-5 Multiple-Family Residential District shall be as follows:

(2) Minimum gross lot area per dwelling unit.

(3) Minimum lot width. The minimum lot width for permitted and conditional land uses in the R-5 Multiple-family Residential District shall be as follows:

(4) Building setback requirements.
(a) Front yard. No principal building shall be allowed within 25 feet of any front lot line or a street right-of-way line.
(b) Side yard. No principal building shall be allowed within 10 feet of any side lot line.
(c) Rear yard. No principal building shall be allowed within 25 feet of any rear lot line.
(5) Building height limitation. No building shall exceed three stories or 35 feet in height.
(E) Special provisions. All developments in the R-5 District must be planned unit developments in accordance with Section 150.70 et seq. (Planned Unit Development) of this chapter.
(F) Other development regulations.
(1) Section 150.110 et seq. (Off-Street Parking and Loading).
(2) Section 150.120 et seq. (Signs).
(Ord. 1324, passed 1-4-00)

(A) Purpose and intent. The R-B Restricted Business District encompasses areas located within or near residential neighborhoods wherein may be located certain limited, inoffensive businesses, professional offices and residences.
(B) Permitted land uses and developments.
(1) Any use permitted in the R-4 District, provided the R-4 bulk and density requirements are met as well as all other conditions of the R-4 District;
(2) Accessory uses;
(3) Animal hospitals and veterinary clinics completely within an enclosed building;
(4) Beauty and barber shops;
(5) Clubs and fraternal lodges, but not including those whose chief activity is rendering services customarily carried on as a business;
(6) Offices-business or professional, including but not limited to medical, optical, dental, chiropractic, architects, engineers, and attorneys;
(7) Offices in which the personnel are employed for work in executive, administrative, legal, clerical, stenographic, accounting, insurance or similar enterprises;
(8) Tourist homes, bed and breakfast establishments offering no more than five rooms to transient guests.
(C) Conditional land uses and developments.
(1) Antique stores;
(2) Art galleries and art studios;
(3) Convalescent and nursing homes;
(4) Gift shop;
(5) Hobby shops;
(6) Hospitals;
(7) Jewelry shops, retail;
(8) Picture framing shops;
(9) Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the city council. Including, but not limited to:
(a) Electrical substations and booster stations,
(b) Filtration plan, pumping station, well and water reservoir,
(c) Sewage treatment plant,
(d) Telephone exchange and microwave relay tower,
(e) Other government and utility uses,
(10) Secondhand stores;
(11) Souvenir, curio shops;
(12) Watch, clock shops--sales and repair.
(D) Bulk and density requirements.
(1) Minimum lot area. No minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.
(2) Minimum lot width. A minimum lot width of 100 feet shall be provided for each lot used for a permitted or conditional use.
(3) Building setback requirements.
(a) Front yard. No principal building shall be allowed within 25 feet of any lot line or street right-of-way line.
(b) Side yard. No principal building shall be allowed within 15 feet of any side lot line.
(c) Rear yard. No principal building shall be allowed within 25 feet of any rear lot line.
(d) Exception. Medical clinics, hospitals, convalescent homes and nursing homes shall not be allowed within 20 feet of any side lot line.
(5) Maximum site coverage. Site coverage shall not exceed 40%.
(6) Building height limitation. No building shall exceed three stories or 45 feet in height.
(E) Other development regulations.
(1) Section 150.110 et seq. (Off-Street Parking and Loading).
(2) Section 150.120 et seq. (Signs).
(Ord. 1324, passed 1-4-00)

(A) Purpose and intent. The B-1 Neighborhood Commercial District encompasses areas located within or near residential neighborhoods wherein may be located certain limited sales and service facilities that constitute a convenience or essential service to residents in the immediate area.
(B) Permitted land uses and developments.
(1) Accessory uses;
(2) Churches;
(3) Civic/public buildings;
(4) Community residences;
(5) Dry cleaning establishments;
(6) Laundromats;
(7) Financial institutions, excluding drive-through facilities;
(8) Offices--business or professional, including but not limited to medical, optical, dental and chiropractic;
(9) Parks and playgrounds;
(10) Service facilities including barber and beauty shops; artists’ studios; drug stores; photographers; locksmith; shoe repair; tailors; suntan parlors; travel agents and other similar type uses;
(11) Specialty shops including but not limited to antique shops; art and school supplies; bookstores; camera shops; card shops; candy shops; florists; news stands; gift shops; jewelry stores; record shops; tobacco shops; hobby shops and other similar type uses;
(12) Video sales and rental stores.
(C) Conditional land uses and developments.
(1) Bars, taverns and package liquor stores;
(2) Financial institutions, with drive-through facilities;
(3) Food stores, grocery stores, meat markets, bakeries and delicatessens;
(4) Planned unit developments;
(5) Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the city council. Including, but not limited to:
(a) Electrical substations and booster stations,
(b) Filtration plan, pumping station, well and water reservoir,
(c) Sewage treatment plant,
(d) Telephone exchange and microwave relay tower,
(e) Other government and utility uses;
(6) Restaurants, excluding drive-through facilities.
(D) Bulk and density requirements.
(1) Minimum lot area. No minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.
(2) Minimum lot width. A minimum lot width of one hundred feet shall be provided for each lot used for a permitted or conditional use.
(3) Building setback requirements.
(a) Front yard. No principal building shall be allowed within 25 feet of any lot line or street right-of-way line.
(b) Side yard. None required except per subsection (D)(3)(e) of this section.
(c) Rear yard. None required except per subsection (D)(3)(e) of this section.
(d) Exception. Building setback requirements described above for side and rear yards adjacent to a railroad or a railroad siding shall not be applicable.
(e) Adjacency to a residential district. Where a side yard or rear yard in this district abuts a residential zoning district, no principal building shall be allowed within 20 feet of the residential lot line.
(4) Maximum site coverage. Site coverage shall not exceed 70%.
(5) Building height limitation. No building shall exceed three stories or 45 feet in height.
(E) Other development regulations.
(1) Section 150.110 et seq. (Off-Street Parking and Loading).
(2) Section 150.120 et seq. (Signs).
(Ord. 1324, passed 1-4-00)

(A) Purpose and intent. The B-2 Light Commercial District encompasses areas located adjacent to arterial and major collector streets. The district is designed to accommodate retail and service needs of a wider population than the B-1 Neighborhood Commercial District.
(B) Permitted land uses and developments.
(1) Any use permitted in the B-1 Neighborhood Commercial District;
(2) Accessory uses;
(3) Bicycle sales, rental and repair stores;
(4) Catering establishments, including pizza delivery;
(5) Clothing and shoe stores, costume rental and sales;
(6) Clubs, lodges and meeting halls;
(7) Department, discount, general retail and variety stores;
(8) Electric appliance stores including radio and television sales and repair;
(9) Food stores, grocery stores, meat markets, bakeries and delicatessens;
(10) Funeral homes, mortuaries, cemeteries and mausoleums;
(11) Furniture stores, including upholstering when conducted as part of the retail operations and secondary to the principal use;
(12) Hardware stores;
(13) Household appliance stores, sales, service and rental;
(14) Interior decorating shops, including upholstering and making of draperies, slipcovers, and other similar articles, when conducted as a part of the retail operations and secondary to the principal use;
(15) Museums and art galleries;
(16) Musical instrument sales and repair;
(17) Office supply stores;
(18) Pet stores and animal grooming shops;
(19) Radio and television stations and recording studios;
(20) Recreational centers, health and fitness centers, and athletic clubs;
(21) Restaurants, excluding drive-through facilities;
(22) Schools for business, professional or technical training, music or dance;
(23) Sporting goods stores;
(24) Theaters, indoor;
(25) Toy stores.
(C) Conditional land uses and developments.
(1) All permitted and conditional uses which include drive-through facilities;
(2) Amusement establishments including, but not limited to, bowling alleys, pool halls, dance halls, skating rinks, video arcades and banquet facilities;
(3) Animal hospitals;
(4) Automobile service stations, repair facilities and car washes when used in conjunction with the automobile service station;
(5) Bars, taverns and package liquor stores;
(6) Car washes;
(7) Hotels and motels;
(8) Planned unit developments;
(9) Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the city council. Including, but not limited to:
(a) Electrical substations and booster stations,
(b) Filtration plan, pumping station, well and water reservoir,
(c) Sewage treatment plant,
(d) Telephone exchange and microwave relay tower,
(e) Other government and utility uses.
(10) Motor vehicle sales.
(D) Bulk and density requirements.
(1) Minimum lot area. No minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.
(2) Minimum lot width. A minimum lot width of 100 feet shall be provided for each lot used for a permitted or conditional use.
(3) Building setback requirements.
(a) Front yard. No principal building shall be allowed within 40 feet of any lot line or street right-of-way line.
(b) Side yard. None required except per subsection (D)(3)(e) of this section.
(c) Rear yard. None required except per subsection (D)(3)(e) of this section.
(d) Exception. Building setback requirements described above for side and rear yards adjacent to a railroad or a railroad siding shall not be applicable.
(e) Adjacency to a residential district. Where a side yard or rear yard in this district abuts a residential zoning district, no principal building shall be allowed within 30 feet of the residential lot line.
(4) Maximum site coverage. Site coverage shall not exceed 70%.
(5) Building height limitations. No building shall exceed three stories or 45 feet in height.
(E) Other development regulations.
(1) Section 150.110 et seq. (Off-Street Parking and Loading).
(2) Section 150.120 et seq. (Signs).
(Ord. 1324, passed 1-4-00; Am. Ord. 1655, 1-18-05)

(A) Purpose and intent. The B-2A Central Business District is intended to accommodate those retail, office and to a degree, residential uses that are characteristic of “downtown” Wilmington.
(B) Permitted land uses and developments.
(1) Any use permitted in the B-2 Light Commercial District;
(2) Accessory uses;
(3) Amusement establishments including, but not limited to, bowling alleys, pool halls, dance halls, skating rinks, video arcades and banquet facilities;
(4) Bars, taverns and package liquor stores;
(5) Dwelling units when located above the ground floor;
(6) Hospitals;
(7) Hotels and motels;
(8) Newspaper offices;
(9) Parking lots and parking structures as a principal use;
(10) Pawnshops;
(11) Printing and publishing establishments;
(12) Union halls, hiring halls and trade association offices/meeting rooms.
(C) Conditional land uses and developments.
(1) All permitted and conditional uses which include drive-through facilities;
(2) Automobile, truck and recreational vehicle sales and rental with repair and service facilities allowed only as accessory to the permitted use;
(3) Bus and train stations;
(4) Planned unit developments;
(5) Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the city council. Including, but not limited to:
(a) Electrical substations and booster stations,
(b) Filtration plan, pumping station, well and water reservoir,
(c) Sewage treatment plant,
(d) Telephone exchange and microwave relay tower,
(e) Other government and utility uses;
(6) Warehouse and storage facilities.
(D) Bulk and density requirements.
(1) Minimum lot area. No minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.
(2) Minimum lot width. No minimum lot width is required.
(3) Building setback requirements.
(a) Front yard. None required.
(b) Side yard. None required except per subsection (D)(3)(e) of this section.
(c) Rear yard. None required except per subsection (D)(3)(e) of this section.
(d) Exception. Building setback requirements described above for side and rear yards adjacent to a railroad or a railroad siding shall not be applicable.
(e) Adjacency to a residential district. Where a side yard or rear yard in this district abuts a residential zoning district, no principal building shall be allowed within 20 feet of the residential lot line.
(4) Maximum site coverage. There is no limitation on site coverage in the B-2A Central Business District.
(5) Building height limitations. No building shall exceed three stories or 45 feet in height.
(E) Other development regulations.
(1) Section 150.110 et seq. (Off-Street Parking and Loading).
(2) Section 150.120 et seq. (Signs).
(Ord. 1324, passed 1-4-00)

(A) Purpose and intent. The B-3 General Commercial District is intended to accommodate retail and wholesale commercial activities which are adjacent to arterial streets and serves the population of the city and its surrounding areas.
(B) Permitted land uses and developments.
(1) Any use permitted in the B-2 Light Commercial District;
(2) Accessory uses;
(3) Amusement establishments including, but not limited to, bowling alleys, pool halls, dance halls, skating rinks, video arcades and banquet facilities;
(4) Animal hospitals;
(5) Automobile service stations, repair facilities and car washes when used in conjunction with the automobile service station;
(6) Automobile, truck and recreational vehicle sales and rental;
(7) Bars, taverns and package liquor stores;
(8) Boat showrooms, sales and repairs;
(9) Electrical showrooms and shops;
(10) Farm implement, feed and seed stores;
(11) Garages for storage, repair and servicing of motor vehicles, including body repair, painting and engine rebuilding;
(12) Greenhouses, nurseries, garden supply, tool and seed stores;
(13) Hospitals;
(14) Hotels and motels;
(15) Motor vehicle sales;
(16) Newspaper offices;
(17) Parking lots and parking structures as a principal use;
(18) Pawnshops;
(19) Plumbing and heating service and equipment stores;
(20) Printing and publishing establishments;
(21) Taxidermists;
(22) Tire stores, sales and service;
(23) Union halls, hiring halls and trade association offices/meeting rooms.
(C) Conditional land uses and developments.
(1) B-2 permitted and conditional uses which include drive-through facilities;
(2) Amusement parks, including but not limited to permanent carnivals, kiddie parks and other similar outdoor amusements;
(3) Building contractor’s office and material storage;
(4) Building material and products, sales, storage and accessory manufacturing of building components;
(5) Bus and train stations;
(6) Cartage and express facilities;
(7) Car washes;
(8) Financial institutions, with drive-through facilities;
(9) Kennels;
(10) Outdoor storage in accordance with Section 150.85 of this chapter;
(11) Planned unit developments;
(12) Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the city council. Including, but not limited to:
(a) Electrical substations and booster stations,
(b) Filtration plan, pumping station, well and water reservoir,
(c) Sewage treatment plant,
(d) Telephone exchange and microwave relay tower,
(e) Other government and utility uses;
(13) Restaurants which include drive-through facilities;
(14) Self-storage warehouse establishments;
(15) Stadiums and arenas, convention, civic and exhibition centers;
(16) Theaters, outdoor and drive-in;
(17) Warehouse and storage facilities.
(D) Bulk and density requirements.
(1) Minimum lot area. No minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.
(2) Minimum lot width. No minimum lot width is required.
(3) Building setback requirements.
(a) Front yard. No principal building shall be allowed within 40 feet of any lot line or street right-of-way line.
(b) Side yard. None required except per subsection (D)(3)(e) of this section.
(c) Rear yard. None required except per subsection (D)(3)(e) of this section.
(d) Exception. Building setback requirements described above for side and rear yards adjacent to a railroad or a railroad siding shall not be applicable.
(e) Adjacency to a residential district. Where a side yard or rear yard in this district abuts a residential zoning district, no principal building shall be allowed within 30 feet of the residential lot line.
(4) Maximum site coverage. Site coverage shall not exceed 70%.
(5) Building height limitations. No building shall exceed three stories or 45 feet in height.
(E) Other development regulations.
(1) Section 150.110 et seq. (Off-Street Parking and Loading).
(2) Section 150.120 et seq. (Signs).
(Ord. 1324, passed 1-4-00)

(A) Purpose and intent. The I-1 Office, Research and Light Industrial District is intended to provide an environment suitable for and limited to research and development activities, office, warehousing and light manufacturing enterprises. The more stringent conditions and restrictions applied in this district are intended to preserve the quality of life in adjacent districts by encouraging a high degree of design quality, open space and environmental quality.
(B) Permitted land uses and developments. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied, or used, except as otherwise provided in this, for other than one or more of the following uses:
(1) Accessory uses;
(2) Banks and financial institutions;
(3) Clinics—Medical and dental;
(4) Hotels and motels;
(5) Laboratories, offices, and other facilities (including ancillary uses) for research and development or technical services conducted by or for any individual, organization, or concern, public or private. These uses include, but are not limited to:
(a) Engineering and testing laboratories,
(b) Medical and dental laboratories,
(c) Agricultural research laboratories;
Any outdoor testing of animal, plant or other biological and genetic research is prohibited.
(6) Manufacturing activities, including but not limited to electronic and scientific precision instruments manufacture, cloth product manufacture, light machinery production and assembly, printing and publishing; excluding those uses which may be obnoxious or pose a nuisance for any reason including the emission of toxic or hazardous substances, odor, noise, dust, smoke, or gas;
(7) Office uses;
(8) Pilot plants in which processes planned for use in production elsewhere can be treated to the extent reasonably necessary for full investigation of the merits of a product or process including commercial viability;
(9) Production of prototype products when limited to the scale reasonably necessary for full investigation of the merits of a product, including commercial viability;
(10) Training and educational facilities;
(11) Warehousing and distribution facilities, but excluding motor freight terminals.
(C) Conditional uses.
(1) Banks and financial institutions including drive-through facilities;
(2) Buildings whose height exceeds the maximum building height in the I-1 district (see Density and Dimensional Regulations below);
(3) Clubs, lodges and fraternal organizations;
(4) Day care centers;
(5) Parking areas including structures, as a principal use of a property;
(6) Planned unit development;
(7) Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the city council. Including, but not limited to:
(a) Electrical substations and booster stations,
(b) Filtration plan, pumping station, well and water reservoir,
(c) Sewage treatment plant,
(d) Telephone exchange and microwave relay tower,
(e) Other government and utility uses;
(8) Residences, contained entirely within the primary building and exclusively for the use of proprietors, owners and employees.
(9) A freestanding residence of a caretaker or security personnel when such residence is ancillary or secondary to a permitted use on the property.
(D) Bulk and density requirements.
(1) Minimum lot area. No minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.
(2) Minimum lot width. A minimum lot width of 100 feet shall be provided for each lot used for a permitted or conditional use.
(3) Building setback requirements.
(a) Front yard. No principal building shall be allowed within 50 feet of any lot line or street right-of-way line.
(b) Side yard. No principal building shall be allowed within 20 feet of any side lot line.
(c) Rear yard. No principal building shall be allowed within 20 feet of any rear lot line.
(d) Exception. Building setback requirements described above for side and rear yards adjacent to a railroad or a railroad siding shall not be applicable.
(e) Adjacency to a residential district. Where a side yard or rear yard in this district abuts a residential zoning district, no principal building shall be allowed within 50 feet of the residential lot line.
(4) Maximum site coverage. Site coverage shall not exceed 40%.
(5) Building height limitations. No building shall exceed four stories or 45 feet in height. This height may be increased to a maximum of 100 feet by a conditional use permit, as long as all yard setbacks are increased by a ratio of one foot for each two feet, or portion thereof, of increased building height over 45 feet, provided that no front yard setback exceed 150 feet and no side or rear yard exceed 75 feet.
(E) Outdoor storage.
(1) Outdoor storage shall be screened from public view by placing a solid, sight proof fence not less than eight feet in height around the storage area.
(F) Special provisions. The following list references the appropriate sections of this chapter which specify the other regulations governing development in this district:
(1) Section 150.110 et seq. (Off-Street Parking and Loading).
(2) Section 150.120 et seq. (Signs).
(Ord. 1324, passed 1-4-00; Am. Ord. 1402, passed 1-15-02; Am. Ord. 08-04-15-01, passed 4-15-08)

(A) Purpose and intent. The I-2 Light Industrial District is intended to allow industrial uses that are conducted in such a manner so as to not be detrimental to the rest of the community by reason of noise, vibration, smoke, dust, toxic or noxious materials, odor, fire,