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CHAPTER 40 - ZONING CODE
By Marilyn A. Herbeck
Apr 7, 2005, 08:28
CHAPTER 40
ZONING CODE
ARTICLE I
GENERAL PROVISIONS AND SAVING CLAUSES
40-1-1 PURPOSE. In accordance with State law, this Code regulates structures and land uses in order to preserve, protect, and promote the public health, safety and welfare. More specifically, this Code is intended to assist in achieving the following objectives:
(A) To encourage the development of buildings and uses on appropriate sites in order to maximize community wide social and economic benefits while accommodating the particular needs of all residents;
(B) To discourage development of buildings and uses on sites not suited for development;
(C) To protect the character and stability of sound existing residential, commercial and industrial areas;
(D) To conserve and increase the value of taxable property throughout this municipality;
(E) To ensure the provision of adequate light, air and privacy to the occupants of all buildings;
(F) To provide adequate parking and access for all buildings and lots;
(G) To reduce congestion on the public streets and highways;
(H) To protect property from damage caused by fire, or by flooding and poorly controlled storm water runoff;
(I) To guide the provision of water, sewer, storm water, and other utilities and municipal services;
(J) To reduce the initial costs and future maintenance expenses of public and private improvements and services through thoughtful planning; and
(K) To gradually eliminate existing structures and uses that impede achievement of the above objectives.
40-1-2 SCOPE: In order to achieve the objectives enumerated in Section 40-1-1, this Code:
(A) Divides this entire municipality into districts, and permits in each district only those structures and uses that are compatible with the character of such district;
(B) Regulates lots size, and the bulk, setbacks, lot coverage, and manner of use of structures;
(C) Imposes supplementary regulations to control certain potentially troublesome structures and uses;
(D) Sets forth standards for off street parking areas;
(E) Restricts non conforming lots, structures, and uses that adversely affect the type of development appropriate in each district; and
(F) Establishes zoning administrative and enforcement procedures.
40-1-3 JURISDICTION. This Code shall be applicable within the corporate limits of Staunton and within the unincorporated contiguous territory of Macoupin County not more than one and one-half (1 1/2) miles beyond the corporate limits.
40-1-4 ANNEXED TERRITORY. Whenever, any territory is annexed to the City, the annexed area shall retain its existing district classification until such time that an Amendment is passed in accordance with the provisions of Section 40-8 3 of this Code.
40-1 5 INTERPRETATION. Every provision of this Code shall be construed liberally in favor of this municipality, and every requirement imposed in this Code shall be deemed minimal. Whenever the requirements of this Code differ from the requirements of any other lawfully adopted ordinance, regulation, deed restriction, or covenant, the more stringent requirement shall prevail.
40-1 6 DISCLAIMER OF LIABILITY.
(A) Except as may be provided otherwise by statute or ordinance, no officer, board member, agent or employee of this municipality shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this Code.
(B) Any suit brought against any officer, board member, agent, or employee of this municipality, as a result of any act required or permitted in the discharge of his duties under this Code, shall be defended by the Municipal Attorney until the final determination of the legal proceedings.
40-1 7 SEPARABILITY. If any provision of this Code is declared unconstitutional or invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remainder of this Code.
ARTICLE II
DEFINITIONS
40-2 1 CONSTRUCTION OF TERMS. In construing the intended meaning of terminology used in this Code, the following rules shall be observed:
(A) Words and phrases shall have the meanings respectively ascribed to them in Section 40-2 2 unless the context clearly indicates otherwise; terms not defined in Section 40-2 2 shall have their standard English meanings.
(B) Words denoting the masculine gender shall be deemed to include the feminine and neuter genders.
(C) Words used in the present tense shall include the future tense.
(D) Words used in the singular number shall include the plural number, and the plural the singular.
(E) The term "shall" is mandatory.
(F) The term "may" is discretionary.
(G) The term "this municipality" shall mean the City of Staunton, Illinois.
(H) The words "lots," "parcel," "tract," and "site" shall be synonymous.
(I) The phrases "used for," "arranged for," "designed for," "intended for," "maintained for," and "occupied for" shall be synonymous.
(J) All distances shall be measured to the nearest integral foot; six (6) inches or more shall be deemed one (1) foot.
(K) References to sections shall be deemed to include all subsections within that section; but a reference to a particular subsection designates only that subsection.
(L) A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited.
40-2 2 SELECTED DEFINITIONS.
“Abutting”: As applied to lots, "abutting" means having a common lot line or district line, or so located in relation to each other that there would be a common lot line or district line but for the existence of a street, alley, or other public right of way.
“Access Way”: A curb cut, ramp, or other means for providing vehicular access to an off street parking or loading area from a street.
“Accessory Use”: Any structure or use that is:
(A) Subordinate in size or purpose to the principal use or structure which it serves;
(B) Necessary or contributing to the comfort and convenience of the occupants of the principal use or structure served; and
(C) Located on the same lot as the principal use or structure served.
“Adjacent”: Lying near, in the vicinity of, next to, adjoining.
“Administrator”: The official appointed by the Mayor with the advice and consent of the City Council to administer this Code, or his representative. (Synonymous with "Zoning Administrator.")
“Agriculture”: Any one or any combination of the following: the growing of farm or truck garden crops, dairying, pasturage, horticulture, floriculture, or animal/poultry husbandry. The term "agriculture" encompasses the farmhouse, and accessory uses and structures customarily incidental to agricultural activities.
“Alley”: A public right of way which affords a secondary means of vehicular access to abutting premises that front on a nearby street.
“Alter”: To change the size, shape, or use of a structure.
“Amendment”: A change in the provisions of this Code (including those portions incorporated by reference), properly effected in accordance with State law and the procedures set forth herein.
“Apartment”: A dwelling unit situated in a multiple family dwelling.
“Apartment Hotel”: A multiple family dwelling which furnishes for its tenants services customarily provided by hotels, but which does not furnish such services to the transient public.
“Attached”: As applied to buildings, "attached" means having a common wall and/or a common roof.
“Auditorium”: A room, hall or building made a part of a church, theater, school, recreation building or other building assigned to the gathering of people as an audience, to hear lectures, plays and other presentations, as well as participate in dances, dinners, expositions, bingos, etc.
“Basement”: A story having one half (1/2) or more of its height below the average level of the adjoining ground.
“Bed and Breakfast”: Bed and breakfast shall mean an operator-occupied residence providing accommodations for a charge to the public with no more than five (5) guest rooms for rent, in operation for more than ten (10) nights in a twelve (12) month period. Breakfast and light snacks/refreshments may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses or food service establishments.
“Billboard”: A sign advertising a commodity, business, service, or event not available or conducted upon the premises where such sign is located or to which it is affixed.
“Block”: An area of land entirely bounded by streets, highways, barriers, or ways (except alleys, pedestrian ways, or exterior boundaries of a subdivision unless exterior boundary is a street, highway, or way) or bounded by a combination of streets, public parks, cemeteries, railroad rights of way, waterways, or corporate boundary lines.
“Boarding House”: A building or portion thereof other than a hotel, motel, or apartment hotel containing lodging rooms for three (3) or more persons who are not members of the keeper's family, and where lodging and/or meals are provided by prearrangement and for definite periods.
“Building”: Any covered structure permanently affixed to land and designed or used to shelter persons or movable, personal property.
“Building, Enclosed”: A building covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior walls or by common walls, with openings only for windows and doors.
“Building Height”: The vertical distance measured from the average elevation of the proposed finish grade at the front wall of the building to the highest point of the roof.
“Building Line”: The line nearest the front of and across a lot, delineating the minimum open space required between the front of a structure and the street right of way line.
“Building, Principal”: A non accessory building in which the principal use of the premises is conducted.
“Bulk”: Any one or any combination of the following:
(A) Size or height of structure;
(B) Location of exterior walls at all levels in relation to lot lines, streets, or other structures;
(C) Floor/area ratio;
(D) Yards or setbacks;
(E) Lot coverage.
“Camping Trailer”: A mobile structure designed for temporary occupancy.
“Camping Trailer Park”: A lot developed with facilities for accommodating temporarily occupied camping trailers.
“Centerline”:
(A) The centerline of any right of way having a uniform width;
(B) The original centerline, where a right of way has been widened irregularly;
(C) The new centerline, whenever a road has been relocated.
“Certificate of Zoning Compliance, Initial”: A permit issued by the Administrator indicating that proposed construction work is in conformity with the requirements of this Code and may, therefore, proceed.
“Certificate of Zoning Compliance, Final”: A permit issued by the Administrator indicating that a newly completed structure complies with all pertinent requirements of this Code and may, therefore, be occupied or used.
“Church”: A building designed or used for regularly scheduled worship services.
“Clinic”: An establishment where licensed physicians or dentists practice medicine or dentistry, but where overnight lodging for sick or injured persons is not provided.
“Club/Lodge”: A nonprofit association or persons who are benefit members organized for some purpose(s) and paying regular dues and whose facilities are restricted to members and their guests; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
“Commercial Use/Establishment”: Any use or establishment wherein goods are purchased or sold, whether to the consuming public (retail) or to other businesses (wholesale).
“Community Residence”: A group home or specialized residential care home serving unrelated persons with handicaps 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 communicable disease.
“Community Residence Large”: A community residence serving nine (9) to fifteen (15) persons with handicaps.
“Community Residence Small”: A community residence serving eight (8) or fewer persons with handicaps in a family like atmosphere.
“Conforming”: In compliance with the applicable provisions of this Code.
“Convenience Shop”: Any small retail commercial or service establishment offering goods/services.
“Day Care Center”: See "Nursery School."
“Deck”: An open porch which has no roof, is generally open on the sides, is above ground level, and its intended use is for leisure enjoyment.
“Detached”: As applied to buildings, "detached" means surrounded by yards on the same lot as the building.
“Develop”: To erect any structure or to install any improvements on a tract of land, or to undertake any activity (such as grading) in preparation therefor.
“District Zoning”: A portion of the territory of this municipality wherein certain uniform requirements or various combinations thereof apply to structures, lots and uses under the terms of this Code.
“Driveway”: A minor way commonly providing vehicular access to a garage or parking area.
“Drive In Restaurant or Refreshment Stand”: An establishment principally used for the sale of fast order food for consumption off the premises or in parked cars on the premises. Fast order food means food that is:
(a) Primarily intended for immediate consumption;
(b) Available after a short waiting time; and
(c) Packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold.
“Dwelling”: A building or portion thereof designed or used primarily as living quarters for one or more families, but not including hotels, motels, and other accommodations for the transient public. Modular dwellings on permanent foundations shall be treated in the same manner as conventionally constructed dwellings (see definition for modular and permanent foundation).
“Dwelling, Multiple Family”: A building or portion thereof containing three (3) or more dwelling units.
“Dwelling, Single Family”: A detached dwelling containing one dwelling unit and intended for the occupancy of one family.
“Dwelling, Two Family”: A dwelling containing two (2) dwelling units.
“Dwelling Unit”: One or more rooms designed or used as living quarters by one family. A "dwelling unit" always includes a bathroom and a kitchen.
“Easement”: A right to use another person's real property for certain limited purposes.
“Enlarge”: To increase the size (floor area, height, etc.) of an existing principal structure or accessory use, or to devote more land to an existing use.
“Erect”: Build, construct.
“Establishment”: Either of the following:
(A) an institutional, business, commercial, or industrial activity that is the sole occupant of one or more buildings; or
(B) an institutional, business, commercial, or industrial activity that occupies a portion of a building such that:
(1) the activity is a logical and separate entity from the other activities within the building and not a department of the whole; and
(2) the activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.
“Existing”: Existing, constructed or in operation, on the effective date of this Code.
“Extend”: To increase the amount of floor area or land area devoted to an existing use.
“Family”: One (1) person, or two (2) or more persons related by blood, marriage or legal adoption; or up to four (4) unrelated persons maintaining a common household in a dwelling unit.
“Farmhouse”: A detached dwelling on a tract of land of not less than ten (10) acres, and occupied by a family whose income is primarily derived from agricultural activities conducted on the premises.
“Filling Station”: A building and premises or portion thereof designed and primarily used for the retail sale of gasoline or other automotive fuel, oil, and automotive parts, supplies, and accessories. A filling station may include secondary facilities for washing vehicles and for making minor automotive repairs.
“Floor Area, Gross”: As used in determining floor/area ratios and parking requirements, the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center of the common walls of attached buildings. Gross floor area includes all of the following: basement floors; attic floor space; halls, closets, stairwells; space devoted to mechanical equipment; enclosed porches.
“Freight Terminal”: A building to which freight is brought by truck, air or railroad freight cars for later distribution.
“Frontage”: The lineal extent of the front (street side) of a lot.
“Gasoline Service Station”: See "Filling Station."
“Garage”: A structure designed and primarily used for the storage of motor vehicles, whether free of charge or for compensation.
“Government”: The act or process of administering public policy in a political unit; a political jurisdiction, the office or function thereof.
“Home Occupation”: Any business, profession, or occupation conducted for gain or support entirely within a dwelling or on residential premises in conformity with the provisions of this Code. (See Section 40-4 5.)
“Hospital”: An institution devoted primarily to the maintenance and operation of facilities around the clock for the diagnosis, treatment, or care for members of the general public suffering from disease, injury, or other abnormal physical conditions. The term "hospital" as used in this Code does not include institutions operating solely for the treatment of insane persons, drug addicts, and alcoholics, nor does it include convalescent or nursing homes.
“Hotel”: An establishment containing lodging accommodations designed for use by travelers or temporary guests. Facilities provided may include a general kitchen, maid service, desk service, meeting rooms, restaurants, cocktail lounges, and similar ancillary uses, but not cooking facilities in guest rooms.
“Immobilize”: As applied to a mobile home, "immobilize" means to remove the wheels, tongue and hitch and place on a permanent foundation.
“Intensify”: To increase the level or degree of.
“Intersection”: The point at which two (2) or more public rights of way (generally streets) meet.
“Junk Yard”: An open area of land and any accessory structures thereon that are used for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste or scrap materials. Such scrap materials include vehicles, machinery, and equipment not in operable condition or parts thereof, and metals, glass, paper, plastics, rags, and rubber tires. A lot on which three (3) or more inoperable vehicles are stored shall be deemed a junk yard. A "junk yard" includes an automobile wrecking yard.
“Kennel”: Any structure or premises or portion thereof on which more than three (3) dogs, cats, or other household domestic animals, over four (4) months of age, are kept or on which more than two (2) such animals are maintained, boarded, bred, or cared for in return for remuneration or are kept for the purpose of sale.
“Loading Space”: An off street space used for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
“Lot”: A tract of land used or developed as a unit, under single ownership or under single control. A "lot" may or may not coincide with a "lot of record."
“Lot, Corner”: A lot having at least two (2) adjacent sides that abut for their full length upon streets. Both such side lines shall be deemed front lot lines.
“Lot, Through”: A lot having a pair of approximately parallel lot lines that abut two (2) approximately parallel streets. Both such lot lines shall be deemed front lot lines.
“Lot Area”: The area of a horizontal plane bounded by the front, side, and rear lines of a lot.
“Lot Coverage”: The portion of a lot that is occupied by buildings or structures, including accessory buildings or structures.
“Lot Depth”: The average horizontal distance between the front lot line and the rear lot line of a lot.
“Lot Line, Front”: The lot boundary abutting the street.
“Lot Line, Rear”: An interior lot line which is most distant from and most nearly parallel to the front lot line. The rear lot on corner lots shall be defined as the line most distant and most nearly parallel to either of the front lot lines as defined elsewhere in these definitions.
“Lot Line, Side”: Any boundary of a lot which is not a front lot line or a rear lot line.
“Lot of Record”: An area of land designated as a lot on a plat of subdivision recorded or registered with the Recorder of Deeds of Macoupin County, Illinois, in accordance with State law.
“Lot Size Requirement”: Refers to the lot area, width, and depth requirements of the applicable district.
“Lot Size/Bulk Variance”: A relaxation of the strict application of the lot size and/or bulk requirements applicable to a particular lot or structure. A lot Size/Bulk Variance goes with the property.
“Lot Width”: The mean horizontal distance between the side lot lines of a lot measured at right angles to the depth; or the same distance measured at a point midway between the front lot line and the rear lot line; or at the rear line of the required front yard (building lines), especially on irregularly shaped lots.
“Maintenance”: The routine upkeep of a structure, premises, or equipment, including the replacement or modification of structural components to the extent necessary to keep a structure in sound condition.
“Mini Warehouses”: A building, or part of one, for the storage of goods, merchandise, etc. for rent to individuals for a monthly fee.
“Mobile Home”: A manufactured structure designed to permit its transport on its own wheels, containing complete kitchen and sanitary facilities, and used as a long term dwelling by one (1) family. A mobile home is built on a permanent chassis that consists of the wheel assembly, undercarriage and towing hitch assembly. Mobile homes must be built according to the Federal Mobile Home Construction and Safety Standard. Compliance with this standard is indicated by a 2 inch by 4 inch metal plate attached to the exterior tail light end of the mobile home.
“Mobile Home Park”: A parcel not less than two (2) acres in area in single ownership/control, developed with facilities for accommodating occupied mobile homes in accordance with the requirements of this Code.
“Mobile Home Stand”: The part of a mobile home space beneath the mobile home that concludes the concrete slab or runners on which the home is placed.
“Modulars (Sectional Houses)”: Built and transported in sections or two halves. A modular dwelling must have a yellow metal seal, shaped like the State of Illinois, mounted on the interior electrical panel. This will distinguish a modular from a mobile home which has a 2 inch by 4 inch metal plate mounted on the tail light (rear) end of the mobile home. Modular housing is similar in many ways to conventionally constructed housing including construction on a permanent foundation (see definition for permanent foundation). Modular housing as herein defined shall be considered as single family dwellings.
“Motel”: A motel for motorists, usually with blocks of rooms opening directly onto a parking area. Also called motor court.
“Nonconforming”: As applied to a lot, structure, or use, "nonconforming" means:
(A) lawfully existing on the effective date of this Code, but
(B) not in compliance with the applicable provisions thereof.
“Nuisance”: Any thing, condition, or conduct that endangers health, or unreasonably offends the senses, or obstructs the free use and comfortable enjoyment of property, or essentially interferes with the comfortable enjoyment of life.
“Nursery”: A tract of land on which trees, shrubs, and other plants are raised for transplanting and sale, and including any structure in which said activities are conducted.
“Nursery School”: An establishment for the part time care and/or instruction (at any time of day) of four (4) or more unrelated children of predominantly pre elementary school age.
“Nursing Home”: A building used as a medical care facility for persons who need long term nursing care and medical service, but do not require intensive hospital care.
“Office”: Any building, or portion thereof, in which the business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted.
“Off Street Parking Area”: Land that is improved and used primarily for the storage of passenger motor vehicles, free of charge or for compensation. An "off street parking area," depending on the circumstances of its use, may either a principal use or an accessory use.
"Off Street Parking Space”: An area at least twenty (20) feet long and ten (10) feet wide within an off street parking area or garage, used for the storage of one passenger motor vehicle.
“Patio”: An at grade paved area without any walls usually adjacent to a building, and which is intended to be used as an outdoor lounging, dining, or entertaining area.
“Permanent Foundation”: A permanent support for buildings that are constructed of conventional foundation materials such as concrete or cement blocks. The foundation footing shall extend below the frost line.
“Permitted Uses”: Any use which is or may be lawfully established in a particular district(s), provided it conforms with all the requirements applicable to said district(s).
“Person”: Any individual, firm, association, organization, or corporate body.
“Plan”: The geographical and topographical maps, engineering and architectural drawings and specifications, and other information indicating the location and nature of a development.
“Porch”: A structure attached to a building to shelter an entrance or to serve as a semi enclosed space, usually covered with a roof, generally open sided, and usually large enough to allow seating devices.
“Premises”: A lot and all the structures and uses thereon.
“Principal Building/Structure/Use”: The main structure erected on or the main use occupying a lot, as distinguished from an accessory (subordinate) structure or use.
“Private Street”: Any street providing access to abutting property that is not maintained by and dedicated to a unit of government.
“Reconstruct”: As applied to nonconforming structures, "reconstruct" means to rebuild after partial destruction.
“Recreational Vehicle (RV) Park”: See Camping Trailer Park.
“Refuse”: Garbage (food wastes) and trash, but not sewage or industrial wastes.
“Relocate”: To move to another portion of a lot or to a different lot.
“Repair”: To restore to sound condition, but not to reconstruct.
“Retail”: Refers to the sale of goods and services directly to the consumer rather than to another business.
“Right of Way, Public”: A strip of land which the owner/subdivider has dedicated to the City or to another unit of government for streets and alleys.
“Sanitary Landfill”: A tract of open land used for the permanent disposal of refuse in accordance with the requirements of the Illinois Environmental Protection Agency.
“Satellite Dish”: Any parabolic/dish type apparatus, external to or attached to the exterior of a building or structure, capable of receiving, for the benefit of the principal use, television or radio signals. Satellite dishes are considered an accessory use.
“Setback”: The distance between the front lot line and the building line; or between a side or rear lot line and the side of the structure which faces such lot line; or between the appropriate lot line and the nearest boundary of the area of operation which is approximately parallel to such lot line.
“Skirting”: The cover affixed to the bottom of the exterior walls of a mobile home to conceal the underside thereof.
“Special Use”: A use that has unusual operational, physical, or other characteristics which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district. Special uses commonly must meet special standards not necessarily applicable to permitted uses in the district, and are allowed only by permit. A special use permit may not be transferable.
“Stable”: A structure, situated on the same lot as a dwelling, and designed or used for housing horses for the private use of occupants of the dwelling, but not for hire.
“Storage Building”: A structure designed to keep or store goods and equipment. Said building is not designed for occupancy by families or individuals.
“Stoop”: A small porch which is usually not covered with a roof and which is primarily used to provide access to the adjoining building.
“Street”: A public or private way for motor vehicle travel. The term "street" includes a highway, thoroughfare, parkway, through way, road, pike, avenue, boulevard, lane, place, drive, court, and similar designations, but excludes an alley or a way for pedestrian use only.
“Street Line”: The street right of way line abutting a lot line.
“Structure”: Anything constructed or erected on the ground, or attached to something having fixed location on the ground. All buildings are structures, but not all structures are buildings.
“Structure, Temporary”: Any structure that is not attached to a permanent foundation.
“Temporary Use Permit”: A permit issued in accordance with the provisions of this Code and valid for not more than one (1) year, which allows the erection/occupation of a temporary structure or the operation of a temporary enterprise.
“Topography”: The relief features or surface configuration of an area.
“Trailer”: See "Camping Trailer."
“Use”: The purpose or activity for which land or a structure thereon is designed, arranged, intended, occupied, or maintained.
“Utility Substation”: A secondary utility facility such as an electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, etc.
“Variance”: See "Lot Size/Bulk Variance."
“Wholesale”: Refers to the sale of goods or services by one business to another business.
“Yard”: Open space that is unobstructed except as specifically permitted in this Code and that is located on the same lot as the principal building.
“Yard, Front”: A yard which is bounded by the front lot line and the building line.
“Yard, Rear”: A yard which is bounded by side lot lines, rear lot lines, and the rear yard line.
“Yard, Side”: A yard which is bounded by the rear yard line, front yard line, side yard line, and side lot line.
“Yard Line”: A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of said yard.
“Zoning Map”: The map(s) and any amendments thereto designating zoning districts. The zoning map is incorporated into this Code.
ARTICLE III
GENERAL ZONING REGULATIONS
40-3 1 ESTABLISHMENT OF DISTRICTS. In order to implement this Ordinance, and to achieve the objectives in Article I, the entire municipality is hereby divided into the following zoning districts:
DISTRICT DESIGNATION
Agricultural District A-1
Single Family Residential District R 1
Multi-Family Residential District R 2
Mobile Home Residential District R-3
Commercial District C-1
Industrial District I-1
40-3 2 ZONING MAP AND DISTRICT BOUNDARIES. The boundaries of the listed zoning districts are hereby established as shown on the zoning map of this municipality. The zoning map, including all notations and other information thereon, is hereby made a part of this Code by reference. Official copies of the zoning map shall be kept on file in the office of the Zoning Administrator or other appropriate official.
(A) Annual Publication. In accordance with State Law (Ill. Comp. Stats., Chap. 65, Section 5/11 13 19), the Administrator shall publish the City's zoning map not later than March 31st of each year. However, no map shall be published for any calendar year during which there have been no changes in zoning districts or regulations.
(B) Determining Territory of Districts With Precision. In determining with precision what territory is actually included within any zoning district, the Zoning Administrator shall apply the following rules:
(1) Where a district boundary as indicated on the Zoning Map approximately follows the features listed below on the left, the corresponding feature on the right shall be deemed the district boundary:
(a) Center line of any street,
alley or highway Such centerline.
(b) Lot line Such lot line.
(c) Railroad tracks Right of way line of such track
(2) Whenever any street, alley or other public way is legally vacated, the zoning districts adjoining each side of such vacated public way shall automatically extend to the center of such way, and all territory included in the vacated way shall thereafter be subject to all regulations of the extended districts.
(3) All territory (including bodies of water) that lies within the zoning jurisdiction of this municipality, but which is not shown on the zoning map as being located within any district, shall comply with the zoning regulations of the most restrictive adjoining district.
40-3 3 GENERAL PROHIBITION. No structure or part thereof shall be erected, used, occupied, enlarged, altered, relocated or reconstructed except in conformity with the provisions of this Code. Similarly, no lot or part thereof shall be used, occupied, or developed except in conformity with the provisions of this Code.
(A) AGRICULTURAL EXEMPTION. The provisions of this Code shall not be interpreted or administered so as to restrict the erection, maintenance, alteration, or extension of buildings (including farmhouses) or structures used or intended to be used for agricultural purposes on agricultural land except that such buildings or structures shall be required to conform to applicable setback regulations. Whenever a portion of a tract of land ceases to be used primarily for agricultural purposes, all pertinent provisions of this Code shall apply to that portion.
40-3 4 UNLISTED USES PROHIBITED. Whenever any use is not specifically listed as permitted or special within a particular zoning district, such use shall be deemed prohibited in that district. However, if the City Council, following consultation with the Zoning Administrator finds that the unlisted use is similar to and compatible with the listed uses, they may amend this Code in accordance with Section 40-8 3 to allow such use. The Council's decision shall become a permanent public record, and any unlisted use that they approve shall thereafter have the same status as listed uses.
40-3 5 TEMPORARY USES. Except as specifically provided otherwise in this Code, no temporary structure shall be used or occupied for any purpose, and no land shall be used for any temporary enterprise, whether for profit or not for profit, unless a temporary use permit has been obtained. Applications for temporary use permits shall be treated in the same way as applications for special use permits. A temporary use permit shall be valid for not more than one year. (See Section 40-8 2).
40-3 6 ONE BUILDING AND ALL YARDS ON ONE LOT. Except as specifically provided otherwise:
(A) Only one principal building or structure shall be permitted on any residential lot; and
(B) No portion of any minimum area, minimum dimensions, or minimum yards required for any lot, structure, or use shall be counted to satisfy the minimum area, dimensions, or yards requirements for any other lot, structure or use.
40-3 7 ACCESS REQUIRED. No building shall be erected on any lot unless such lot abuts, or has permanent easement of access to, a public street or a private street.
40-3 8 FRONT SETBACKS CORNER/THROUGH LOTS. Every lot with multiple frontages (such as corner or through lots) shall meet the front setback requirements of the district in which it is located on every side having frontage.
40-3 9 FRONT SETBACKS IN CERTAIN BUILT UP AREAS. Except as specifically provided otherwise, in the Residential zoning district and in the Community Business district, where lots having fifty percent (50%) or more of the frontage on one side of a street between intersections (that is, in one block) are developed with buildings, and the front setbacks of those lots do not differ by more than ten (10) feet, the minimum required front setback on that block shall be the average of the existing front set backs.
40-3-10 INTRUSIONS INTO YARDS. Except where principal buildings are commonly attached (for example, in the downtown business area), no part of a principal building on one lot shall be closer than ten (10) feet from any part of a principal building located on an abutting lot. However, so long as this overriding constraint is observed, certain intrusions into required yards are permitted as indicated below:
FEATURES MAXIMUM INTRUSIONS
(A) Cornices, chimneys, planters or
similar architectural features Two (2) feet.
(B) Fire escapes Four (4) feet.
(C) Patios Six (6) feet.
(D) Porches and stoops, if enclosed,
unroofed, and at no higher than
two (2) steps above ground level Six (6) feet.
(E) Balconies, decks, porches Four (4) feet.
(F) Canopies, roof overhangs Four (4) feet.
40-3 11 EXCEPTIONS TO HEIGHT LIMITS.
(A) Necessary appurtenances. Chimneys, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas, or other necessary appurtenances commonly constructed above the roof line shall be permitted to exceed the maximum height limitations for the district in which they are located if they comply with all other pertinent ordinances of this municipality.
(B) Intersections. On corner lots, in the triangular portion of land bounded by the street lines that are thirty (30) feet from the point of intersection, no obstruction, whether natural or man made, shall intrude into the air space that is between two (2) and ten (10) feet above the level of the adjacent street. (See Sketch at end of Code.)
40-3 12 ACCESSORY USES. An "accessory use" means any structure or use which is:
(A) Subordinate in size or purpose to the principal structure or use which it serves;
(B) Necessary or contributing to the comfort and convenience of the occupants (whether individuals or a commercial enterprise) of the principal structure or use served; and
(C) Located on the same lot as the principal structure or use served.
If an accessory use is attached to the principal structure, it shall be considered part of that principal structure. Roof overhangs on accessory structures not attached to the principal structure shall not encroach more than two (2) feet into the required setback distance.
(D) Specifically Prohibited Accessory Uses. The following accessory uses are strictly prohibited unless expressly permitted in particular zoning district(s):
Use of an accessory structure as a dwelling.
(E) Limitations. See Schedules (Art. 3, Secs. 14, 15) for limitations and Schedule listings located at the end of this Code.
40-3 13 SEWERS, SEPTIC TANKS. In all districts, property owners of all buildings and places where people live, work or assemble shall provide for the sanitary disposal of all sewage in accordance with the following requirements:
(A) Whenever the municipal or public sanitary sewerage system is reasonably available, all sewage shall be discharged into such system, whether or not a private sewerage system already exists or is more convenient.
(B) Whenever the municipal or public sewerage system is not reasonably available, a private sewerage system shall be installed and used. All private sewerage systems shall be designed, constructed, operated, and maintained in conformity with the following requirements:
(1) Illinois Private Sewage Disposal Licensing Act, Illinois Compiled Statutes, Chapter 225, Section 225/1 through 225/23, as now or hereafter amended; and
(2) Illinois Private Sewage Disposal Code No. 4.002, promulgated by the Director of the Illinois Department of Public Health, as now or hereafter amended; and
(3) pertinent, current regulation issued by the Illinois Environmental Protection Agency; and
(4) applicable codes and ordinances of this City.
The Administrator shall not issue any temporary certificate of zoning compliance unless he is satisfied that these requirements will be met. (See Chapter 38 “Utilities”)
40-3 14 SCHEDULE: AREA AND BULK REGULATIONS; PARKING REQUIREMENTS. (See Schedule located at the end of this Code.)
(A) To facilitate public understanding of this Code and for the better administration and convenience of use thereof, the regulations limiting the dwelling unit density, the heights, bulk and arrangement of buildings, and requiring minimum off street parking for each of the districts established by Section 40-3 1 hereof (or specified use), area set forth in Schedule 40-3-14 hereof. Such Schedule is hereby adopted and declared to be an integral part of this Code, and it may be amended in the same manner as any other part of this Code.
40-3 15 SCHEDULE: PERMITTED USES AND ACCESSORY USES; SPECIAL USES; PROHIBITED USES. (See Schedule located at the end of this Code.)
(A) To facilitate public understanding of this Code and for the better administration and convenience of use thereof, the regulations designating permitted uses, permitted accessory uses, special uses and specifically prohibited uses for each of the districts established by Section 40-3 1 hereof, are set forth in Schedule 40-3-15 as a part of Section 40-3 1 hereof. Such Schedule is intended and declared to be an integral part of this Code and it may be amended in the same manner as any other part of this Code.
(B) Each column refers to a specific district which lists the permitted uses, permitted accessory uses, special uses and specifically prohibited uses, and are read vertically under a district column.
(C) Limitations and requirements in Section 40-3-15 (Schedule) as used in a column shall mean and include the specific limitations and requirements as set forth in the same column for the district referred to. Where reference is made in the Schedule to another section or provision of this Code, such section or provision referred to shall thereby be incorporated as an integral part of the requirements including such reference. All provisions of this Code shall apply as integral parts of this Section although not specifically cited as a column.
(D) SCHEDULE: PERMITTED USES; PERMITTED ACCESSORY USES; SPECIAL USES; SPECIFICALLY PROHIBITED USES; USE LIMITATIONS. (See Schedule (Sec. 40-3-15) located at the end of this Code).
40-3-16 C-1 DOWNTOWN COMMERCIAL DISTRICT.
(A) Purpose. The purpose of the C-1 “Downtown Commercial District” is to provide a district which will allow for the preservation of the unique historic character of the City’s downtown commercial area, and will accommodate commercial development and growth within the confined spaces of the area. The uses allowed in the district shall be offices and service businesses in which there is contact with the public, and retail sales of merchandise to the general public. Such district will be located within the Main Street area between Hibbard and Madison Streets as designated C-1 on the current Zoning Map.
(B) Lot Requirements and Setbacks. The following minimum requirements shall be observed in the C-1 “Downtown Commercial District”, subject to additional requirements, exceptions and modifications set forth in the Zoning Code.
Lot Area Requirements
(1) Lot area N/A
(2) Lot width N/A
(3) Lot depth N/A
(C) Principal Structure Setback Requirement.
(1) Front Yard.
(a) To other commercial district 0 feet
(b) To any residence district Not less than 10 feet
(2) Side Yard.
(a) To other commercial district 0 feet
(b) To any residence district Not less than 10 feet
(3) Rear Yard.
(a) To other commercial district 0 feet
(b) To any residence district Not less than 10 feet
(D) Lot Coverage. The following lot coverage requirement shall be observed in the designated C-1 “Downtown Commercial District”.
Maximum Lot Coverage by All Structures – 100%
(Ord. No. 1200; 05-13-02)
ARTICLE IV
SUPPLEMENTARY ZONING REGULATIONS
40-4 1 APPLICABILITY OF ARTICLE. This Article establishes lot and structure requirements, design standards, and use limitations for specific, potentially troublesome, structures, and uses. These regulations apply in every zoning district where the specific structure or use is permitted or allowed by special use permit. But if more stringent regulations are applicable in any particular district, such regulations shall prevail.
40-4 2 CAMPING TRAILERS. The regulations of this Section do not apply to camping trailers or other similar recreational vehicles parked in a permitted camping trailer park. The requirements of paragraphs (A), (C), and (D) do not apply to camping trailers or other similar recreational vehicles parked on a permitted camping trailer sales lot.
(A) No camping trailer or other similar recreational vehicle shall be used as living quarters (other than in a camping trailer park).
(B) No camping trailer or other similar recreational vehicle shall be used as an office or for any other commercial purpose.
(C) No camping trailer or other similar recreational vehicle shall be parked on any front yard, except on a driveway. (See 210 ILCS Sec. 95/1 et seq.)
40-4 3 FENCES, WALLS.
(A) No barbed wire or electrically charged fence, and no sharp pointed fence less than eight (8) feet high, shall be erected or maintained anywhere in this municipality.
(B) No fence, wall, or other obstruction shall be erected within any public right of way without the written approval of the Zoning Administrator.
(C) No fence, wall or other obstruction shall be erected in violation of the Illinois Drainage Code (Illinois Compiled Statutes, Chapter 70, Sections 605/2 1 through 605/2 13).
(D) Every fence, wall or other obstruction shall conform to the special height restrictions applicable in areas near intersections. (See Section 40-3 11(B).) No fence, wall or other obstructions in any required front yard area shall exceed four (4) feet in height or in any required rear or side yard exceed eight (8) feet in height.
40-4 4 FILLING STATIONS.
(A) All gasoline pumps and other service facilities shall be located at least twenty five (25) feet from any street right of way line, side lot line, or rear lot line.
(B) Every access way (curb cut) shall be located at least two hundred (200) feet from any fire station, school, public library, church, park, or playground.
(C) All trash receptacles, except minor receptacles adjacent to the gasoline pumps, shall be screened from view.
40-4 5 HOME OCCUPATIONS. A "home occupation" means any business, profession, or occupation for gain or support entirely within a residential building or on residential premises. Within this municipality every home occupation shall be considered a special use. No home occupation shall be established except in conformity with the following regulations.
(A) Unrelated Employees. A home occupation shall employ no more than one individual who is unrelated to the family residing on the premises.
(B) Floor Space. The total area used for a home occupation shall not exceed twenty five percent (25%) of the gross floor area of the dwelling, or three hundred (300) square feet, whichever is less.
(C) Dwelling Alterations. In any residential district a principal residential building shall not be altered to accommodate a home occupation in such a way as to materially change the residential character of the building.
(D) Outdoor Storage. Outdoor (unenclosed) storage on the premises of equipment or materials used in connection with a home occupation is prohibited.
(E) Nuisances. A home occupation shall not generate any offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference noticeable at or beyond the lot lines.
(F) Signs. A home occupation, being a special use, is subject to conditions established by the City Council. A sign may be displayed by the home occupation based upon the recommendations and at the discretion of the City Council. The sign shall be a maximum of three (3) square feet in size and shall not be illuminated or detract from the general character of the neighborhood. (See Sec. 40-5-3 for parking.) (Ord. No. 1117; 02-09-98)
40-4 6 HOSPITALS, NURSING HOMES.
(A) The lot on which any hospital or sanitarium is situated shall have a minimum width and depth of three hundred (300) feet, and a minimum area of three (3) acres.
(B) The lot on which any nursing home is situated shall have a minimum width and depth of two hundred (200) feet, and a minimum area of 1.5 acres.
40-4 7 JUNK YARDS.
(A) No part of any junk yard which includes any lot on which any three (3) or more inoperable vehicles are stored shall be located closer than five hundred (500) feet to the boundary of any residential district.
(B) All vehicles, parts, and equipment shall be stored within a completely enclosed structure or within an area screened by a wall, solid fence, or closely planted shrubbery at least eight (8) feet high and of sufficient density to block the view from adjacent property.
40-4 8 SANITARY LANDFILLS.
(A) All sanitary landfills shall conform to the rules and regulations adopted by the Illinois Pollution Control Council pursuant to Sections 5, 22, and 27 of the Environmental Protection Act and consistent with the policy and purposes expressed in Section 20 thereof. Such rules and regulations contained within "Solid Waste Rules and Regulations," State of Illinois, Environmental Protection Agency.
(B) After the effective date of this Code, no sanitary landfill shall be operated within this City without having first obtained a permit to operate from the Illinois Environmental Protection Agency.
40-4 9 SCHOOLS.
(A) The lot on which any school is situated shall have the minimum area indicated below:
Type of School Minimum Lot Area
Nursery, Day Care Center 8,000 sq. ft.
Other (elementary, junior As required by State law (Ill. Comp. Stat., Chap.
high, senior high) 105, Sec. 5/35 8 normally 4 acres, plus 1 additional acre for every 15 students in excess of 200.
(B) The principal building of any school shall be located at least twenty five (25) feet from all lot lines.
40-4 10 SWIMMING POOLS. Every swimming pool, whether public or private, shall be enclosed by a wall or fence at least four (4) feet in height and must have a gate that shall be locked when the pool is not in use. An above the ground pool, four (4) feet or higher, need not have a fence with a gate, so long as the ladder is removed when not in use.
40-4 11 UTILITY SUBSTATIONS. Every electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, water storage facility, or similar facility shall be deemed a special use, and shall conform to the following regulations:
(A) Every lot on which any such facility is situated shall meet the minimum area and dimension requirements of the district in which it is located. Every part of any such facility shall be located at least twenty five (25) feet from all lot lines, or shall meet the district setback requirements, whichever is greater.
(B) In any residential district, the structure housing any such facility shall be designed and constructed to be compatible with the residential character of the area.
(C) Every such facility shall be screened by close planted shrubbery at least ten (10) feet in height and of sufficient density to block the view from adjacent property. Furthermore, if the Administrator deter mines that the facility poses a safety hazard (for example, if there are exposed transformers), he shall require that a secure fence at least eight (8) feet in height be installed behind the planting screen.
40-4 12 MOBILE HOMES. The following requirements are supplementary to the Illinois Mobile Home Parks laws as contained in the Illinois Compiled Statutes, Chapter 210, Sec. 115/1 et seq., and the Rules and Regulations adopted by the Illinois Department of Public Health pursuant thereto.
(A) Mobile Homes - Individual.
(1) All mobile homes shall be located in the "R-3" Zoning District.
(2) Mobile homes shall be utilized only as a dwelling unit for owner or renter occupancy.
(3) No mobile home shall be brought into or placed anywhere on individual lots within the "R-1" or "R-2" Zoning Districts.
(4) (a) All mobile homes will be required to be skirted and anchored. Specifically, skirted with fire resistant material. Skirting shall be equipped with an inspection door at least twenty four (24) inches wide to allow access to the underside of the home; and
(b) Anchors capable of withstanding a vertical tension force of four thousand eight hundred (4,800) pounds shall be installed at the corners of every mobile home stand or as otherwise necessary for protection against high winds. The anchors shall be firmly attached to straps which extend over the mobile home at each end. The straps shall consist of material capable of stabilizing the dwelling during high winds. Straps shall be firmly attached to the mobile home. Every mobile home shall be securely tied down to anchors.
(5) All mobile homes shall be connected to all available public utilities in accordance with all requirements for any residential structures in the City, shall be appropriately skirted, and shall conform to all requirements that are applicable to conventionally constructed dwelling units in the "R" District.
(6) Existing mobile homes may be replaced provided:
(a) It is replaced within six (6) months of removal of the existing mobile home.
(b) One mobile home per lot shall be permitted.
(c) No mobile home shall be replaced with an older mobile home or with one that is greater than thirteen (13) years old.
(d) Permanent foundations with hitch and wheels removed shall be required.
(B) Mobile Home Parks and Courts.
(1) After the effective date of this Code, no mobile home park and/or court shall be operated within this City without having first obtained a permit to operate from the Illinois Department of Public Health. (Effective Date: June 1, 1993)
(2) Mobile home parks and/or courts shall be permitted by a special use permit only and shall meet the following requirements:
(a) Shall be located on a tract of land not less than two (2) acres.
(b) Shall contain at least three (3) mobile homes.
(c) Minimum Lot Size and Setback Requirements. Individual mobile home spaces shall be considered as lots and shall meet the following requirements:
(i) Minimum lot size: Six thousand (6,000) sq. ft.
(ii) Minimum lot depth: One hundred (100) ft.
(iii) Minimum lot width: Fifty (50) feet.
(iv) Minimum setback requirements:
from front lot line: Twenty (20) feet.
from rear lot line: Twenty (20) feet.
from side lot line: Five (5) feet.
(v) Minimum distance to a
building on an adjacent lot: Ten (10) feet.
(d) Shall be skirted and anchored as per Section 40-4 12(A)(4).
(e) Two (2) off street parking spaces shall be provided per mobile home.
(f) No access way may dead end except as a cul de sac with appropriate turn around space for emergency vehicles.
(g) No mobile home older than ten (10) years old shall be placed in any mobile home park.
40-4 13 PUBLIC BUILDINGS. In any district where municipally owned or other publicly owned buildings are permitted, the following additional requirements shall be met:
(A) In any residential or conservation district, all municipal or other publicly owned buildings shall be located at least twenty five (25) feet from all property lines.
(B) In any residential, conservation or business district, there shall be no permanent storage of heavy construction or maintenance equipment (such as excavating, road building, or hauling equipment), unless in an enclosed building or enclosed within a solid wall or fence at least six (6) feet in height. Such storage areas, maintenance yards, or storage warehouses shall be located at least twenty five (25) feet from any front or side property line.
40-4 14 KENNELS.
(A) The lot on which any kennel is situated shall have a minimum area of three (3) acres.
(B) Every kennel shall be located at least two hundred (200) feet from the nearest dwelling, and at least one hundred (100) feet from any lot line.
40-4 15 AGRICULTURAL ACTIVITIES.
(A) Farm Animals. No barn, stable, shed, or other structure intended to shelter farm animals (including, but not limited to, horses, cattle, hogs, and chickens) shall be erected closer than three hundred (300) feet to any existing dwelling or closer than two hundred (200) feet to any lot line of residential property, whichever distance is greater. Similarly, fences shall be erected or other means shall be taken to prevent farm animals from approaching closer than three hundred (300) feet to any existing dwelling or closer than two hundred (200) feet to any lot line or residential property, whichever distance is greater.
40-4 16 LIGHTING CONTROLS. Any light used for the illumination of signs, swimming pools, or for any other purpose shall be arranged so as to confine the direct light rays away from neighboring residential properties and away from the vision of passing motorist.
ARTICLE V
SUPPLEMENTARY OFF STREET PARKING
AND LOADING REGULATIONS
40-5 1 APPLICABILITY OF ARTICLE. Off street parking and loading shall be provided in accordance with this Article for all structures and uses erected or established after the effective date of this Code.
40-5-2 EXISTING PARKING/LOADING FACILITIES.
(A) Existing off street parking or loading facilities located on the same lot as the use served shall not be reduced below, or if already less than, shall not be further reduced below the requirements and standards for similar new structures or uses.
(B) When an existing structure or use is damaged or destroyed and subsequently repaired or rebuilt, additional off street parking and loading facilities need not be provided, but parking/loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored.
(C) Whenever the use of any structure or premises is intensified through addition of dwelling units, gross floor area, seating capacity, etc., additional parking and loading facilities commensurate with such increase in use intensity shall be provided.
(D) Whenever the existing use of a structure is changed to a different use, parking or loading facilities shall be provided as required herein for such new use.
40-5 3 PARKING DESIGN AND MAINTENANCE STANDARDS.
(A) SPACES.
(1) Each required parking space shall be at least ten (10) feet wide and twenty (20) feet long, and shall have at least seven (7) feet of vertical clearance. Every space shall be situated so that no part of any parked vehicle overhangs the public right of way.
(2) For multi family, business and industrial uses, markings shall be laid and restored as often as necessary to clearly delineate each parking space.
(B) INTERIOR AISLES. Aisles within parking lots in Business and Industrial Districts shall be sufficiently wide to permit safe and efficient vehicular movement in the aisles, and into and out of parking spaces. Aisles designed for two way traffic shall be at least twenty two (22) feet wide. One way aisles designed for sixty degree (60 ) parking shall be at least eighteen (18) feet wide.
(C) ACCESS WAY.
(1) Parking areas in the Business and Industrial Districts shall be designed so that ingress to and egress from a parking space is from an aisle or driveway, not directly from the public right of way.
(2) No access way to any parking area shall be located within thirty (30) feet of any corner formed by the intersection of the rights of way of two or more streets. At intersections where traffic control devices are installed, the Administrator may increase this requirement as necessary to prevent traffic hazards.
(3) The access way to every parking lot located in any business and industrial zoning district shall be at least twenty four (24) feet wide unless two one way drives, each twelve (12) feet wide, are provided.
(4) The access way to every parking area located in any residential zoning district shall be at least ten (10) feet wide; but if the parking area contains more than eight (8) parking spaces or if the access way is longer than one hundred (100) feet, access shall be provided either by one 2 way drive at least twenty (20) feet wide or by two 1 way drives, each at least ten (10) feet wide.
(D) LIGHTING. Any light(s) used to illuminate any parking area shall be arranged or shielded so as to confine direct light rays within the parking area boundary lines to the greatest extent practicable.
40-5 4 LOCATION OF PARKING. All off street parking shall be located in conformity with the following requirements:
(A) Parking spaces accessory to dwellings located in any residential zoning district shall be located on the same lot as the dwelling. Such parking spaces shall not be located in any front yard except in the driveway, but may be located in the side or rear yards. Each parking space accessory to a multi family dwelling shall be unobstructed so that no vehicle need be moved in order to allow another vehicle to enter/exit the parking area.
(B) All parking spaces accessory to permitted non dwelling uses located in the residential zoning district generally shall be located on the same lot as the use served. However, by special use permit, such parking facilities may be located on another parcel within two hundred (200) feet of the use served. No commercial vehicle exceeding one ton cargo capacity shall be parked anywhere in a residential district (except for normal loading, unloading, and service call), unless a special use permit has been obtained. No vehicle repair work shall be permitted on any parking lot located in any residential district.
40-5 5 LOCATION OF PARKING: BUSINESS AND INDUSTRIAL DISTRICTS.
(A) Parking spaces accessory to any dwelling located in any business district shall be located within two hundred (200) feet of the dwelling. Parking spaces accessory to any other conforming use located in any business or industrial district shall be located within five hundred (500) feet of the use served.
(B) No parking space accessory to any use located in business or industrial district shall be located in any residential district except by special use permit; and in no case shall any such parking areas extend more than five hundred (500) feet into a residential district.
(C) In any business or industrial district, off street parking facilities for different buildings or uses may be provided collectively if the total number of spaces so located together is not less than the sum of the separate requirements for each use, and if all regulations governing location of parking spaces in relation to the use served are observed.
40-5-6 DESIGN AND LOCATION OF OFF-STREET LOADING FACILI-TIES. All off-street loading facilities shall conform to the minimum standards as indicated:
(A) SIZE OF SPACE. Every required off street loading space shall be at least twelve (12) feet wide and forty five (45) feet long exclusive of aisle and maneuver space, and shall have vertical clearance of at least fourteen (14) feet. In no case shall a vehicle being loaded or unloaded overhang into the public right of way.
(B) ACCESS WAY. Every off street loading space shall have a safe means of vehicular access to a street or alley. Such access way shall be at least twelve (12) feet wide.
(C) LOCATION. Every off street loading space, whether required or not, shall be located on the same parcel of land as the use served, and not closer than fifty (50) feet to the intersection of the rights of way of two or more streets, and not on required front yards.
ARTICLE VI
NONCONFORMITIES
40-6 1 PURPOSE OF ARTICLE. The requirements imposed by this Code are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various residential, business, and industrial districts. Lots, structures, and uses of land or structures that do not conform to the requirements of the district in which they are located impede appropriate development. For example, nonconformities are frequently responsible for heavy traffic on residential streets, the over taxing of parking facilities, the emission of noxious fumes or excessive noise, and/or the lowering of property values. The regulations in this Article are intended to alleviate such existing/potential problems by encouraging the gradual elimination of nonconformities.
40-6 2 NONCONFORMING LOTS. Any vacant lot that does not conform to one or more of the lot size requirements of the district in which it is located may be used in the manner indicated at Sections 40-6 3 and 40-6 4 if it:
(A) Is of record on the date of the adoption or amendment of this Code; and
(B) Has continuously remained in separate ownership from abutting tracts of land throughout the entire period during which the creation of such lot was prohibited by the applicable zoning code or other ordinances; and
(C) Is at least thirty (30) feet wide.
40-6 3 SAME: RESIDENTIAL. On any such lot located in any district, any permitted structures may be erected, provided all the bulk (see definitions) and setback regulations of the particular district are observed.
40-6 4 SAME: OTHER DISTRICTS. On any such lot located in the business or industrial districts, any structure permitted in the particular district may be erected if the bulk and setback requirements of that district are met.
40-6 5 TWO OR MORE LOTS IN COMMON OWNERSHIP. If two or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the date of the enactment or amendment of this Code, and if one or more of those lots do not meet the minimum lot width, depth, and area requirements of the district in which they are located, the land involved shall be considered an undivided parcel for purposes of this Code. No portion of any such parcel shall be developed except in compliance with this Code, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this Code.
40-6 6 NONCONFORMING STRUCTURES. Any lawful structure which exists on the date of the enactment or amendment of this Code, but which could not be erected under the terms of this Code because of restrictions on lot size, height, setbacks, lot coverage, or other characteristics of the structure, or its location on the lot, may lawfully remain, subject to the following provisions:
(A) Enlargement, Alterations. No such structure shall be enlarged or altered in any way which increases its nonconformity.
(B) Relocation. No such structure shall be relocated unless, after relocation, it will conform to all the regulations of the district in which it is located.
(C) Reconstruction. No such structure which is destroyed or damaged by any means shall be reconstructed if the Zoning Administrator determines that the cost of such reconstruction exceeds fifty percent (50%) of the structure's market value at the time of loss, unless after reconstruction the structure will conform to all applicable regulations of the district in which it is located. In the event the Zoning Administrator deter mines the estimated cost of reconstruction is less than fifty percent (50%) of the structure's market value at the time of loss, repairs or reconstruction shall be permitted, provided such work starts within six (6) months from the date the damage occurred and is diligently prosecuted to completion.
A bona fide construction contractor shall make the reconstruction cost estimate, and a licensed real estate appraiser shall determine the structure's market value at the time of loss. The owner of the damaged structure shall be responsible for transmitting these estimates to the Zoning Administrator. (Effective June 1, 1993)
40-6 7 NONCONFORMING USES: OCCUPYING A STRUCTURE. If any lawful use occupying a structure exists on the date of the enactment or amendment of this Code, but would not be allowed under the terms of this Code, such a use may lawfully continue, subject to the following provisions:
(A) Maintenance. Any structure housing a nonconforming use may be maintained through ordinary repairs.
(B) Enlargement, Alteration, Reconstruction, Relocation. No structure housing a nonconforming use shall be enlarged, structurally altered, reconstructed or relocated unless the use of the structure is changed to a permitted use.
(C) Extension of Use. No nonconforming use may be extended to any part(s) of the structure not intended or designed to be devoted to such use, nor shall the nonconforming use be extended to occupy any land outside such structure.
(D) Change of Use. A nonconforming use occupying a structure shall not be changed except to a use permitted under the applicable district regulations.
(E) Discontinuance of Use. When a nonconforming use of a structure, or of a structure and premises in combination, is discontinued for twelve (12) consecutive months, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the nonconforming user shall not be counted in calculating the length of discontinuance.
40-6 8 NONCONFORMING USE OF LAND. For information specific to mobile homes refer to Section 40-4 12(A).
Any lawful use of land existing on the date of the adoption or amendment (June 1, 1993) of this Code that would not be permitted under the terms of this Code may lawfully continue, subject to the following provisions:
(A) Intensification or Extension of Use. A nonconforming use of land shall not be intensified, or extended to occupy a greater area of land than was occupied by such use on the date of the adoption or amendment of this Code.
(B) Relocation. No nonconforming use of land shall be moved, in whole or in part, unless, upon relocation, such use will conform to all pertinent regulations of the district in which it will be located.
(C) Change of Use. A nonconforming use of land shall not be changed except to a use that is permitted under the applicable district regulations.
(D) Discontinuance. When a nonconforming use of land is discontinued for a period of twelve (12) consecutive months, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the owner or operator shall not be counted in calculating the length of discontinuance.
40-6 9 NONCONFORMITIES UNDER PERMIT AUTHORITY. The regulations of this Article shall not apply to any change in an existing structure or to any change in the use of structure or of land for which a permit was issued prior to the enactment of this Code or any pertinent amendment thereto, provided that the work authorized by such permit is carried out and completed with diligence.
ARTICLE VII
ADMINISTRATION AND ENFORCEMENT
40-7 1 ZONING ADMINISTRATOR. The office of Zoning Administrator of this municipality is hereby established. The Zoning Administrator shall be the executive head of this office.
40-7 2 ADMINISTRATOR’S DUTIES. The Zoning Administrator is hereby authorized and directed to diligently administer and enforce the provisions of this Code. This broad responsibility encompasses, but is not limited to, the following specific duties:
(A) To review applications pertaining to land, structures and the uses of land and/or structures;
(B) To issue or deny temporary and permanent certificates of zoning compliance;
(C) To supervise inspections of land, structures, and the uses of land and/or structures to determine compliance with this Code, and where there are violations, to initiate appropriate action to secure compliance;
(D) To receive, file, and forward to the Zoning Board of Appeals all applications for variances and appeals;
(E) To receive and file all applications for amendments and special use permits;
(F) To maintain up to date records of this Code including, but not limited to, district maps, certificates of zoning compliance, special use permits, variances, interpretative decisions of the Board of Appeals, amendments, and all applications related to any of these matters;
(G) To periodically review the provisions of this Code to determine whether revisions are needed, and to make recommendations on these matters to the Board at least once each year;
(H) To cause copies of this Code (including the district map) and any amendments thereto to be printed from time to time, as necessary; and
(I) To provide information to the general public on topics related to this Code.
40-7 3 TEMPORARY CERTIFICATES OF ZONING COMPLIANCE. After the effective date of this Code, no land shall be developed, no new use or structure shall be established or erected, and no existing use or structure shall be enlarged, extended, altered, relocated or reconstructed until a temporary certificate of zoning compliance has been issued. The Administrator shall issue no temporary certificate of zoning compliance unless he determines that, when the (proposed) work is completed, the use and/or structure will conform to the applicable provisions of this Code.
(A) INFORMATION REQUIRED. Every applicant for a temporary certificate of zoning compliance shall submit to the Administrator, a narrative or graphic form, any or all of the following items of information as required by the Administrator:
(NOTE: As used below, the term "proposed" refers to "altered," "enlarged," or "extended" as well as "completely new.")
(1) Name and address of the applicant;
(2) Name and address of the owner or operator of the proposed structure or use, if different from (1);
(3) Nature of the proposed use, including type of activity, manner of operations, number of occupants or employees, and similar matters;
(4) Location of the proposed use or structures, and its relationship to existing adjacent uses or structures;
(5) Area and dimensions of the site for the proposed structure or use;
(6) Existing topography of the site (USGS 10 foot contour data is acceptable), and proposed finished grade;
(7) Existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;
(8) Height, setbacks, and lot coverage of the proposed structures;
(9) Number and size of proposed dwelling units, if any;
(10) Location and number of proposed parking/loading spaces and access ways;
(11) Identification and location of all existing and proposed utilities whether public or private; and/or
(12) Location and square footage of existing and proposed signs by type and class.
(B) FILING FEE, DURATION OF CERTIFICATE. Every applicant for a temporary certificate of zoning compliance shall pay a filing fee as determined by the City Council. Temporary certificates of zoning compliance shall be valid for one year. The Administrator may renew such temporary certificates for successive one year periods upon request in writing.
40-7 4 PERMANENT CERTIFICATES OF ZONING COMPLIANCE. No lot or structure or part thereof that has been created, developed, erected, enlarged, altered, relocated, or reconstructed after the effective date of this Code shall be used or occupied until a permanent certificate of zoning compliance has been issued. The Administrator shall issue no permanent certificate of zoning compliance unless he determines, by inspection, that:
(A) The development or construction of such lot or structure has been completed in accordance with plans approved at the time the temporary certificate of zoning compliance was issued; and
(B) The lot or structure as completed, and the proposed use thereof, conforms to all applicable provisions of this Code.
Permanent certificates of zoning compliance shall be issued free of charge. Failure to obtain a permanent certificate of zoning compliance shall constitute a separate violation of this Code.
40-7 5 PROCEDURES UPON VIOLATION. Whenever the Zoning Administrator determines, by inspection or by other means, that reasonable grounds exist for believing that any lot, structure, or use is in violation of this Code, he shall so notify the responsible party in writing, and shall institute appropriate measures to secure compliance.
(A) CORRECTIVE ACTION ORDER. To secure compliance with this Code, the Administrator may issue a corrective action order. Such order shall be deemed properly served upon the owner, occupant, or operator of the offending lot, structure, or use if it is served upon such party personally, sent by registered mail to his last known address, or posted in a conspicuous place on or about the affected premises. Corrective action orders shall include:
(1) A description of the premises sufficient for identification;
(2) A statement of what constitutes the violation;
(3) An outline of the remedial action necessary to effect compliance;
(4) The date by which the violation must be corrected;
(5) The date by which any appeal of the correction order must be filed, and a statement of the procedure for so filing;
(6) A statement that failure to abide by a corrective action order constitutes a separate violation of this Code; and
(7) A statement of the penalties attached to any violation of this Code.
(B) STOP WORK ORDER. Whenever any land, structure, or use is being developed, erected, or established contrary to plans approved at the time the temporary certificate of zoning compliance was issued, the Administrator may order that such work be stopped immediately. The Administrator's stop work order may be served on any person engaged in or responsible for such work, or may be posted in a conspicuous place on or about the affected premises. Failure to abide by a stop work order shall be deemed a separate violation of this Code.
40-7 6 EMERGENCY MEASURES. Notwithstanding any other provisions of this Code, whenever the Administrator determines that any violation of this Code poses an imminent peril to life or property, he may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition. The Administrator shall take no such action until he has consulted with the City Attorney.
40-7 7 COMPLAINTS. Whenever any violation of this Code occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the Administrator. The Administrator shall record such complaints, immediately investigate, and, if necessary, institute appropriate corrective measures.
40-7 8 PENALTIES FOR VIOLATION.
(A) Failure to comply with any provision of this Code shall constitute a misdemeanor, and each day that such violation continues shall be considered a separate offense.
(B) Any person who is convicted of a violation of this Code shall be fined not more than One Hundred Dollars ($100.00) each day the violation exists, and/or six (6) months confinement. Daily fine assessment shall begin on the first day the violator is notified of the violation and may be waived if compliance is met within thirty (30) days of notification.
(C) Nothing contained in this Section shall prevent this Municipality from taking any other lawful action that may be necessary to secure compliance with this Code. All legal fees incurred by the City in the legal enforcement of the Code shall be reimbursed to the City by the violator. (Ord. No. 1120; 04-13-98)
ARTICLE VIII
SPECIAL USES AND AMENDMENTS
DIVISION I - SPECIAL USE PERMITS
40-8 1 SPECIAL USE PERMITS. This Code divides this municipality into various districts, and permits in each district only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted use, depending upon their precise location, manner of operation, and other factors. Such "special uses" require careful case by case review, and may be allowed only by permission of the Board of Appeals.
40-8 2 APPLICANT. Every applicant for a special use permit shall submit to the Zoning Administrator, in narrative or graphic form, any or all of the items of information enumerated in Section 40-7 3(A) that he may require. When the application is complete, the Administrator shall forward to, together with his recommendation, to the Board of Appeals for further consideration.
40-8 3 HEARING.
(A) The Board of Appeals shall hold a public hearing on any application for a special use permit not later than sixty (60) days after its filing. At the hearing, any interested party may appear and testify, either in person, or by legal counsel. The Board shall hear the application (or any modified application) in accordance with its usual procedure. The Board may: (1) grant the application, with or without modification; (2) deny the application; or (3) refer the application back to the applicant for recommended modification. If the application is granted, a copy of the final plan shall be maintained on file within the City clearly noting all conditions of approval and the date approved for issuance of a permit. If the application is denied, the applicant shall not again apply for a permit for substantially the same proposal unless there has occurred a substantial change in circumstances the basis of which shall be specifically noted on the supplemental application, and in such case, only with the Board’s consent first obtained, otherwise not earlier than one (1) year after the date of the denial. If the application is referred back for modification, the applicant may resubmit the application in accordance with the directions of the Board, if any, otherwise in time for the next regular meeting of the Board.
(B) The Board of Zoning Appeals may revoke a permit issued under this Article if:
(1) the proposal for which a permit has been issued is not carried out pursuant to the approved final site plan; or
(2) if any condition or requirement included in the permit is not complied with. The Board may, however, allow modifications of the final plan, before completion, in conformity with the applicable provisions for review as provided for in this Article.
(C) A permit issued under this Article shall expire if the proposal authorized by the permit is not completed within the development schedule therefore included in the application, or expiration.
(D) After the final plan has been completed, it shall be a permanent site plan and shall not be modified, nor shall any additions be made thereto, except with the applicable provisions of this Article. (Ord. No. 1268; 12-13-04)
40-8 4 NOTICE. Notice of the public hearing shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:
(A) By registered mail to the applicant and to every owner of property adjacent to the premises for which the special use permit is requested; and
(B) By publication in a newspaper of general circulation within this municipality.
This notice shall indicate the time, date, and place of the hearing, the particular location for which the special use permit is requested, and the nature of the proposed special use.
40-8 5 FACTORS CONSIDERED. In making their decision, the Board of Appeals shall consider the following factors:
(A) Whether the proposed design, location, and manner of operation of the proposed special use is protective of the public health, safety, and welfare; and
(B) The effect the proposal would have on the value of neighboring property; and
(C) The effect the proposal would have on this municipality's overall tax base; and
(D) The effect the proposal would have on public utilities and on traffic circulation on nearby streets; and
(E) Whether there are any facilities nearby that require special protection; and
(F) Whether the proposed application is in keeping with the general purposes of this Code; and
(G) Whether the proposed application is consistent with the characteristics of the general nature of the area in which the special use is to be located.
(Ord. No. 1268; 12-13-04)
40-8 6 TEMPORARY USE PERMITS. As set forth at Article III, Section 40-3 5, requests for temporary use permits shall be treated in the same manner as requests for special use permits. The Zoning Board of Appeals shall issue no temporary use permit for a period longer than one year.
40-8-7 - 40-8-8 RESERVED.
DIVISION II - AMENDMENTS
40-8 9 PROCEDURE. In accordance with Illinois law (Ill. Comp. Stats., Chap. 65, Sec. 5/11 13 14) and the provisions of this Article, the City Council may amend the regulations imposed and the districts established in this Code. Any proposed alteration of district boundaries or proposed change in the status of any use whether permitted, special, or prohibited shall be treated as a proposed amendment, and dealt with accordingly. Amendments may be proposed by the City Council, the Zoning Administrator, Board of Appeals, or any party of interest.
40-8 10 FILING. Any proposal to amend this Code shall be filed on a prescribed form with the Administrator, who shall forward it, together with his recommendation, to the Board of Appeals.
40-8 11 HEARING. The Board of Appeals shall hold a public hearing on every amendment proposal not later than sixty (60) days after its filing. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney.
40-8 12 NOTICE. Notice of the public hearing shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:
(A) By registered mail to the applicant and to every owner of property adjacent to the premises for which the special use permit is requested; and
(B) By publication in a newspaper of general circulation within this municipality.
This notice shall indicate the time, date, and place of the hearing, the particular location for which the special use permit is requested, and the nature of the proposed special use. (See 65 ILCS Sec. 5/11-13-14)
40-8 13 ADVISORY REPORT/FINDINGS OF FACT. Not later than ten (10) days after the public hearing, the Board of Appeals shall submit their advisory report/findings of fact to the City Council. The Board of Appeals shall not recommend the adoption of any amendment unless they find that such amendment is in the public interest and not merely for the benefit of the party proposing it. Where the effect of a proposed amendment is to alter district boundaries or to change the status (permitted, special, or prohibited) of any use, the Board of Appeals shall make findings regarding all of the following matters:
(A) Existing uses of property in the vicinity of the property in question;
(B) The district classification of property in the vicinity of the property in question;
(C) The suitability of the property in question for uses already permitted under the existing district classification;
(D) The trend of development in the vicinity of property in question, including changes (if any) which may have taken place since that property was placed in its present district classification.
40-8 14 DECISION BY CITY COUNCIL. The City Council shall act on every proposed amendment at their next regularly scheduled meeting following submission of the Board of Appeals's advisory report. Except as provided at Section 40-8 15, the City Council, without further public hearing, may by simple majority vote, pass any proposed amendment or may refer it back to the Board of Appeals for further consideration.
40-8 15 WHEN TWO THIRDS MAJORITY VOTE IS REQUIRED. The favorable vote of at least two thirds (2/3) of the members of the City Council is required to pass an amendment to this Code in each of the following instances:
(A) When passage would be contrary to the recommendation of the Board of Appeals.
(B) When the amendment is opposed, in writing, by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered.
40-8 16 NOTICE TO APPLICANT OF WRITTEN PROTEST. In cases of written opposition to an amendment of this Code as prescribed in Section 40-8 15(c), a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment. (See 65 ILCS Sec. 5/11-13-14)
ARTICLE IX
MATTERS ENTRUSTED TO THE BOARD OF APPEALS
DIVISION I - BOARD OF APPEALS ESTABLISHED
40-9 1 BOARD ESTABLISHED. The Zoning Board of Appeals of this municipality is hereby established in accordance with Illinois law. (See 65 ILCS Sec. 5/11-13-3)
40-9 2 MEMBERSHIP, APPOINTMENT, COMPENSATION. The Board of Appeals shall consist of seven (7) members. Five (5) of the members shall reside within the City limits of Staunton. Two (2) of the members shall reside within the one and one-half (1.5) mile unincorporated area of Macoupin County zoned by the City of Staunton. In the event the City of Staunton relinquishes zoning control over this unincorporated area to Macoupin County, then all members of the Board of Appeals will be required to reside within the City limits. One of the members so appointed shall be named as chairman at the time of his appointment. Each Board member shall receive for his services such compensation, if any, as is determined from time to time by the City Council.
40-9 3 TERM OF OFFICE, VACANCIES. Each Board member shall hold office for five (5) years from the date of his appointment, and until his successor has been selected and qualified; provided, however, that the initial appointees to the Board shall serve respectively for the following terms: one for one (1) year, one for two (2) years, one for three (3) years, one for four (4) years, one for five (5) years, one for six (6) years, and one for seven (7) years. With the advice and consent of the City Council, the Mayor may remove any member of the Board of Appeals for cause, after a public hearing. Vacancies on the Board shall be filled for the unexpired term of the member whose place has become vacant in the same manner as provided for the appointment of new members.
40-9 4 MEETINGS. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such time as the Board may determine. All Board meetings shall be open to the public. The Board may adopt their own rules of meeting procedures, so long as these rules do not conflict with this Code or with the applicable Illinois statutes. The Board may select such officers as they deem necessary. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. Four (4) members of the Board shall constitute a quorum, and the affirmative vote of at least four (4) members shall be necessary to authorize any Board action.
40-9 5 RECORDS. The Board shall keep minutes of its proceedings and examinations. These minutes shall indicate the absence of any member, the vote or abstention of each member on each question, and any official action taken. A copy of every rule, variance, order, or decision of the Board shall be filed immediately in the Board's office, and shall be a public record.
40-9 6 DUTIES. The Board of Appeals is hereby authorized and directed to perform the following duties:
(A) To hear appeals from any zoning related decision or order made by the Administrator;
(B) To hear upon requests for lot size/bulk variances in accordance with the standards established in this Code; and
(C) To perform such other duties as the City Council may prescribe.
40-9-7 - 40-9-9 RESERVED.
DIVISION II - APPEALS
40-9 10 NATURE OF APPEALS. Any person aggrieved by any decision or order of the Zoning Administrator in any matter related to the interpretation or enforcement of any provision of this Code may appeal to the Zoning Board of Appeals on a prescribed form. Every such appeal shall be made and treated in accordance with Illinois law and the provisions of this Section. (See 65 ILCS Sec. 5/11-13-12)
40-9 11 FILING, RECORD TRANSMITTAL. Every appeal shall be made within forty five (45) days of the matter complained of by filing with the Administrator and the Board a written notice specifying the grounds for appeal. Not more than five (5) working days after the notice of appeal has been filed, the Administrator shall transmit to the Board all records pertinent to the case.
40-9 12 STAY OF FURTHER PROCEEDINGS. An appeal stays all further action on the matter being appealed unless the Administrator certifies to the Board, after the notice of appeal has been filed with him, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the Board or the circuit court grants a restraining order for due cause, and so notifies the Administrator.
40-9 13 HEARING. The Board shall hold a hearing on every appeal not later than sixty (60) days after the filing of the appeal notice. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.
40-9 14 NOTICE. Notice of the hearing shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:
(A) By registered mail to the petitioner and to every owner of property adjacent to the premises to which the appeal is requested; and
(B) By publication in a newspaper of general circulation within this municipality.
This notice shall indicate the time, date, and place of the hearing, the particular location for which the appeal is requested and briefly describe the issue to be decided.
40-9 15 DECISION BY BOARD OF APPEALS. The Board shall be required to decide all appeals within thirty (30) days after the final hearing thereon. A certified copy of the Board's decision shall be transmitted to the applicant or appellant and to the Zoning Inspector. Such decision shall be binding upon the Zoning Inspector and observed by him and he shall be required to incorporate the terms and conditions of the same in the Zoning Certificate to the applicant or appellant whenever a Certificate is authorized by the Board. (See 65 ILCS Sec. 5/11-13-2)
40-9-16 RESERVED.
DIVISION III - LOT SIZE/BULK VARIANCES
40-9-17 DESCRIPTION. A "lot size/bulk variance" means a relaxation of the strict application of the lot size and/or bulk requirements applicable to a particular lot or structure.
40-9 18 APPLICATION. Every application for a lot size/bulk variance shall be filed with the Administrator on a prescribed form. The application shall contain sufficient information to allow the Board to make an informed decision. (See 70 ILCS Sec. 40-5/22.02A)
40-9 19 HEARING.
(A) The Board of Appeals shall hold a public hearing on any application for a variance not later than sixty (60) days after its filing. At the hearing, any interested party may appear and testify, either in person, or by legal counsel. The Board shall hear the application (or any modified application) in accordance with its usual procedure. The Board may: (1) grant the application, with or without modification; (2) deny the application; or (3) refer the application back to the applicant for recommended modification. If the application is granted, a copy of the final plan shall be maintained on file within the City clearly noting all conditions of approval and the date approved for issuance of a variance. If the application is denied, the applicant shall not again apply for a variance for substantially the same proposal unless there has occurred a substantial change in circumstances the basis of which shall be specifically noted on the supplemental application, and in such case, only with the Board’s consent first obtained, otherwise not earlier than one (1) year after the date of the denial. If the application is referred back for modification, the applicant may resubmit the application in accordance with the directions of the Board, if any, otherwise in time for the next regular meeting of the Board.
(B) The Board of Zoning Appeals may revoke a variance issued under this Article if:
(1) the proposal for which a variance has been issued is not carried out pursuant to the approved final site plan; or
(2) if any condition or requirement included in the variance is not complied with. The Board may, however, allow modifications of the final plan, before completion, in conformity with the applicable provisions for review as provided for in this Article.
(C) A variance issued under this Article shall expire if the proposal authorized by the variance is not completed within the development schedule therefore included in the application, or expiration.
(D) After the final plan has been completed, it shall be a permanent site plan and shall not be modified, nor shall any additions be made thereto, except with the applicable provisions of this Article. (Ord. No. 1268; 12-13-04)
40-9 20 NOTICE. Notice of the public hearing shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:
(A) By registered mail to the applicant and to every owner of property adjacent to the premises for which the variance is requested; and
(B) By publication in a newspaper of general circulation within this municipality.
This notice shall indicate the time, date, and place of the hearing, the particular location for which the variance is requested, and the nature of the proposed variance. (See 65 ILCS Sec. 5/11-13-6)
40-9 21 STANDARDS FOR VARIANCES. The Board of Appeals shall not recommend nor shall the Board grant any lot size/bulk variance unless they find that the proposed variance is consistent with the general purposes of this Code, and that the strict application of the district requirements would result in great practical difficulties or hardship to the applicant. More specifically the Board shall not recommend nor shall the Board decide upon a variance unless they determine, based upon the evidence presented to them, that:
(A) The property in question cannot yield a reasonable return if the district regulations are strictly applied; and
(B) The plight of the applicant is due to peculiar circumstances not of his own making; and
(C) The variance, if granted, will not be detrimental to the public health, safety, and welfare.
40-9 22 DECISION BY BOARD OF APPEALS. The Board shall be required to decide all applications within thirty (30) days after the final hearing thereon. A certified copy of the Board's decision shall be transmitted to the applicant or appellant and to the Zoning Inspector. Such decision shall be binding upon the Zoning Inspector and observed by him and he shall be required to incorporate the terms and conditions of the same in the Zoning Certificate to the applicant or appellant whenever a Certificate is authorized by the Board. The Board shall specify the terms of relief granted (if any) in one statement and their findings of fact in another statement. The findings of fact shall clearly indicate the Board's reasons for granting or denying any requested variance. (See 65 ILCS Sec. 5/11-13-5)
40-9 23 UNAUTHORIZED VARIANCES (USE VARIANCE). Under no circumstances shall the Board of Appeals grant a variance to allow any use that is specifically or by implication (see Section 40-3-4) prohibited in the district involved. A "use variance" constitutes an amendment to this Code, and may be obtained only in the manner set forth in Section 40-8-9 et seq.
40-9-24 FILING FEES. By resolution, the City Council shall establish (and may periodically amend) a schedule of filing fees for the various permits and procedures listed in this Code. Said fees are intended to defray the administrative costs connected with the processing/conducting of such permits or procedures; the fees do not constitute a tax or other revenue-raising device. All such fees shall be paid by the applicant to the City and are non-refundable. A current schedule of filing fees shall be maintained in the Administrator's office and file with the City Clerk.
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