Municipal
Zoning
Code
METRO-EAST MUNICIPAL SERVICES
And
CITY OF
ORDINANCE NO.
1095
AN ORDINANCE ENACTING
A ZONING CODE
FOR THE
CITY OF
ADOPTED BY THE
CITY COUNCIL
OF THE
CITY OF
Published in a pamphlet form
by the authority of the Mayor and City Council of the City of
ORDINANCE NO. 1095
AN ORDINANCE REPEALING ZONING ORDINANCE #794, AS AMENDED
AND AMENDING “THE REVISED CODE OF ORDINANCES OF THE CITY OF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SECTION
SECTION II. AMENDMENT
TO REVISED CODE. “The Revised Code
of Ordinances of the City of
(SEE ATTACHED ORDINANCE)
SECTION
III. SEVERABILITY. If any part or provision of this Code, or the
application thereof to any person, property, or circumstance is adjudged
invalid by any court of competent jurisdiction, such judgment shall be confined
in its operation and direction to the part, provision, section or application
directly involved in the controversy in which such judgment shall have been
rendered and shall not affect or impair the integrity or validity of the
remainder of this Code or the application thereof to other persons, property or
circumstances. The City Council hereby
declares that it would have enacted the remainder of this Code even without any
such part, provision, section or application.
SECTION IV. CONFLICT
WITH OTHER ORDINANCES. This Code
shall supersede such other ordinances or parts of other ordinances of the City
in conflict with the provisions of this Code, provided that nothing herein
shall in any way excuse or prevent prosecution of any previous or existing
violation of any ordinance superseded hereby.
SECTION V. EFFECTIVE
DATE. This Code shall be in full
force and effect from and after its passage, approval and publication in
pamphlet form as provided in the Illinois Revised Statutes, Chapter 24, Section
1-2-4.
Passed this 9th day of August, 1984, by the
City Council of the City of
S
– CHARLES A. FISCUS
Charles
Fiscus, City Clerk
AYE 7
NAY 0
Approved
by the Mayor of the City of
S
– GERALD C. HARPER
Gerald
C. Harper, Mayor
ATTEST:
S – CHARLES A. FISCUS
Charles A. Fiscus, City Clerk
Lawrenceville, Ilinois
(SEAL)
CITY CLERK’S CERTIFICATE
STATE OF
CITY OF
I, Charles Fiscus, City Clerk of the City of Lawrenceville,
do hereby certify that the following Zoning Ordinance of the City of
Lawrenceville, Lawrence County, Illinois, published in pamphlet form by
authority of the City Council was duly passed by the City Council of the City
of Lawrenceville, approved by the Mayor and published in pamphlet form
according to law on this date, and that this ordinance is a true and perfect
copy of the ordinance, as passed, approved, and now of record and on file in my
office as provided by law.
In witness whereof , I have set my hand and affixed the
corporate seal of the City of Lawrenceville, Illinois, this 9th day
of August, 1984
S
– CHARLES A. FISCUS
Charles
Fiscus, City Clerk
(SEAL)
SCHEDULE OF BUILDING PERMITS AND HEARING FEES
CITY OF
A new Residential Dwelling,
the permit fee is $50.00 for the first 1,000 square feet of floor area plus one
cent for each additional square foot.
Duplex and Apartments, the
permit fee is $55.00 for the first 1,000 square feet floor area, plus $10.00
for each additional unit and one cent for each additional square foot.
Commercial, Industrial and
Special Use Permit Construction, the permit fee is 2.5 cents per square foot of
floor area with minimum fee of $100.00.
Carport and Other Residential
Enlargements, the permit fee is $25.00.
Mobile Home Placement, permit
fee is $35.00.
Other Construction in
Residential Area, (including swimming pools, patios, porches, etc. and
structural alterations that changes the appearance of house) permit fee is
$25.00.
FEES FOR NOTICE OF APPEALS,
AMENDMENTS AND SPECIAL PERMIT HEARINGS
Hearing for Variation under
the provisions of the Zoning Ordinance, fee is $75.00.
Hearing for Relief from the
decision of the Zoning Administrator, fee is $40.00.
Hearing for Amendments for
the Zoning Ordinance, fee is $75.00.
Hearing for a Special Use
Permit, fee is $75.00.
Rev.
9/12/05
CHAPTER 40
ZONING CODE
ARTICLE TITLE PAGE
I GENERAL
PROVISIONS
Section 40-1-1 Purpose
---------------------------------------------- 1000
Section 40-1-2 Jurisdiction-------------------------------------------- 1000
Section 40-1-3 Interpretation – Conflict with other
Ordinances
------------------------------------------- 1000
Section 40-1-4 Disclaimer of Liability --------------------------------- 1001
Section 40-1-5 Severability
------------------------------------------- 1001
Section 40-1-6 When Effective
--------------------------------------- 1001
II DEFINITIONS
Section 40-2-1 Construction of Terms ---------------------------------1001
Section 40-2-2 Selected Definitions
----------------------------------- 1002
III GENERAL ZONING REGULATIONS
Section 40-3-1 Establishment of District
------------------------------ 1010
Section 40-3-2 Zoning Map and District Boundaries
----------------- 1010
Section 40-3-3 Annual Publication
----------------------------------- 1010
Section 40-3-4 Determining
with
Precision ---------------------------------------- 1010
Section 40-3-5 Annexed Territory
----------------------------------- 1011
Section 40-3-6 General Prohibition
---------------------------------- 1011
Section 40-3-7 Unlisted Uses Prohibited
---------------------- ------ 1011
Section 40-3-8 Emergency and Temporary Occupancy
of
Structure ------------------------------------------ 1011
Section 40-3-9 Meeting Minimum Requirements
--------------------- 1012
Section 40-3-10 Access Required
------------------------------------- 1012
Section 40-3-11 Front Setbacks – Corner/Through Lots
--------------- 1012
Section 40-3-12 Front Setbacks in Certain Built-up Areas
------------- 1012
Section 40-3-13 Intrusions into Yards
--------------------------------- 1012
Section 40-3-14 Reserved
Section 40-3-15 Reserved
Section 40-3-16 Exceptions to Height Limits ------------------ 1013
Section 40-3-17 Accessory Uses
--------------------------------- 1013
Section 40-3-18 Permitted Accessory Uses -------------------- 1013
Section 40-3-19 Accessory Use Restrictions ------------------- 1013
Section 40-3-20 Degree of Restrictiveness
--------------------- 1014
ARTICLE TITLE PAGE
IV PLANNED DEVELOPMENTS
Section 40-4-1 Planned Unit Developments --------------------------- 1014
Section 40-4-2 Compliance with Codes Generally
Required
----------------------------------------------1014
Section 40-4-3 Districts Where Allowed
---------------------- --------1015
Section 40-4-4 Permissible Deviations from Requirements
-------------1015
Section 40-4-5 PUD Procedures
--------------------------------------1015
Section 40-4-5.1 Application, Information Required
-------------------- 1015
Section 40-4-5.2 Advisory Report – Criteria Considered --------------- 1016
Section 40-4-5.3 Decision by Council
-----------------------------------1017
Section 40-4-6 Changes in Approved Plans
--------------------------- 1017
Section 40-4-7 Failure to Begin Development
------------------------- 1017
Section 40-4-8 Municipal Exemption
--------------------------------- 1018
V REGULATIONS FOR SPECIFIC DISTRICTS
Division I –
“R-1” Single-Family District
Section 40-5-1 R-1 Single-Family Residence District
------------------1018
Section 40-5-2
Section 40-5-3
Section 40-5-4 Permitted Uses
----------------------------------------1019
Section 40-5-5 Special Uses
------------------------------------------ 1019
Section 40-5-6 Reserved
Division II –
“R-2” Two-Family Residence District
Section 40-5-7 R-2 Two-Family Residence District
------------------- 1019
Section 40-5-8
Section 40-5-9
Section 40-5-10 Permitted Uses
----------------------------------------1019
Section 40-5-11 Special Uses ------------------------------------------ 1020
Section 40-5-12 Reserved
Division III –
“R-3” Multi-Family District
Section 40-5-13 R-3 Multi-Family Residence District
-------------------1020
Section 40-5-14
Section
40-5-15 Permitted
Uses --------------------------------------- 1020
Section 40-5-16 Special Uses
------------------------------------------ 1020
Section 40-5-17 Reserved
Division IV –
“B-1” Neighborhood Business District
Section 40-5-18 Purpose
---------------------------------------------- 1021
Section 40-5-19 Use Restrictions
-------------------------------------- 1021
Section 40-5-20
Section 40-5-21 Permitted Uses
--------------------------------------- 1022
Section 40-5-22 Special Uses
------------------------------------------ 1022
Section 40-5-23 Reserved
ARTICLE TITLE PAGE
V REGULATIONS FOR SPECIFIC DISTRICTS (CONTINUED)
Division V – “B-2”
Central Business District
Section 40-5-24 Purpose
---------------------------------------------- 1023
Section 40-5-25 Use Restrictions
-------------------------------------- 1023
Section 40-5-26
Section 40-5-27 Permitted Uses
--------------------------------------- 1024
Section 40-5-28 Special Uses
----------------------------------------- 1024
Section 40-5-29 Reserved
Division VI – “B-3” Highway Business District
Section 40-5-30 Purpose
---------------------------------------------- 1025
Section 40-5-31 Use Restrictions
-------------------------------------- 1025
Section 40-5-32
Section 40-5-33 Permitted Uses
--------------------------------------- 1026
Section 40-5-34 Special Uses
----------------------------------------- 1026
Section 40-5-35 Reserved
Division VII – “M-1” Industrial District
Section 40-5-36 Purpose
-----------------------------------------------1027
Section 40-5-37 Use Restrictions
---------------------------------------1027
Section 40-5-38
Section 40-5-39 Permitted Uses ----------------------------------------1028
Section 40-5-40 Special Uses
------------------------------------------ 1028
VI SUPPLEMENTARY REGULATIONS FOR SPECIFIC USES
Section 40-6-1 Applicability of Article
---------------------------------1028
Section 40-6-2 Drive-In Theaters
------------------------------------- 1028
Section 40-6-3 Fences, Walls
-----------------------------------------1029
Section 40-6-4 Greenhouses, Nurseries
----------------------- --------1029
Section 40-6-5 Home Occupations
------------------------------------1029
Section 40-6-6 Hospitals, Nursing Homes
-----------------------------1030
Section 40-6-7 Junk Yards
------------------------------------------- 1030
Section 40-6-8 Kennels -----------------------------------------------1030
Section 40-6-9 Swimming Pools
-------------------------------------- 1030
Section 40-6-10 Storm Water Runoff
---------------------------------- 1030
Section 40-6-11 Mobile Homes ---------------------------------------- 1031
Section 40-6-12 Recreational Vehicles
--------------------------------- 1032
Section 40-6-13 Sanitary Landfills
------------------------------------- 1032
Section 40-6-14 Service Station --------------------------------------- 1032
Section 40-6-15 Stables
----------------------------------------------- 1032
VII OFF-STREET PARKING AND LOADING
Section 40-7-1 Applicability of Article
-------------------------------- 1033
Section 40-7-2 Existing Parking/Loading Facilities
-------------------- 1033
Section 40-7-3 Parking Area Design Standards
----------------------- 1033
Section 40-7-4 Spaces
----------------------------------------------- 1033
ARTICLE TITLE PAGE
VII OFF-STREET PARKING AND LOADING (CONTINUED)
Section 40-7-5 Interior Aisles
----------------------------------------- 1033
Section
Section 40-7-7 Parking Lot Surfacing
--------------------------------- 1034
Section
40-7-8 Lighting
---------------------------------------------- 1034
Section 40-7-9 Landscaping
------------------------------------------ 1034
Section 40-7-10 Parking Lots and Driveways
Abutting
Residence District ----------------------------1035
Section 40-7-11 Location of Parking
----------------------------------- 1035
Section 40-7-12 Agricultural and Residential Districts
-------------------1035
Section 40-7-13 Commercial and Industrial Districts
--------------------1035
Section 40-7-14 Design and Location of
Off-Street
Loading Facilities -------------------------- 1036
Section 40-7-15 Computation of Required
Parking/Loading
Spaces ------------------------------ 1036
Section 40-7-16 Number of Parking and
Loading
Spaces Required ---------------------------- 1037
VIII NON-CONFORMITIES
Section 40-8-1 Purpose of Article
----------------------------------- 1041
Section 40-8-2 Non-Conforming Lots
------------------------------- 1041
Section 40-8-3 Non-Conforming Structures
------------------------- 1041
Section 40-8-4 Non-Conforming Uses Occupying
A
Structure ------------------------------------------ 1042
Section 40-8-5 Non-Conforming Uses of Land ---------------------- 1043
Section 40-8-6 Non-Conformities Under
Permit Authority -------------------------------------
1043
IX ADMINISTRATION AND ENFORCEMENT
Section 40-9-1 Zoning Administrator
--------------------------------- 1043
Section 40-9-2 Duties
------------------------------------------------ 1044
Section 40-9-3 Initial Certificates of Zoning Compliance
-------------- 1044
Section 40-9-4 Application
------------------------------------------- 1044
Section 40-9-5 Duration of Certificate
-------------------------------- 1045
Section 40-9-6 Relationship to Building Permits
----------------------- 1045
Section 40-9-7 Final Certificates of Zoning Compliance
--------------- 1045
Section 40-9-8 Corrective Action Orders ----------------------------- 1045
Section 40-9-9 Contents of Order
------------------------------------ 1046
Section 40-9-10 Service of Order
------------------------------------- 1046
Section 40-9-11 Stop Orders
----------------------------------------- 1046
Section 40-9-12 Emergency Measures
-------------------------------- 1046
Section 40-9-13 Complaints
------------------------------------------- 1046
Section 40-9-14 Penalties
---------------------------------------------- 1046
Section 40-9-15 Schedule of Fees
------------------------------------- 1047
ARTICLE TITLE PAGE
X BOARD OF APPEALS
Section 40-10-1 Board of Appeals Established
------------------------- 1047
Section 40-10-2 Membership, Appointment, Compensation-------------1047
Section 40-10-3 Term of Office – Vacancies
--------------------------- 1047
Section 40-10-4 Meetings – Quorum
-----------------------------------1047
Section 40-10-5 Records
---------------------------------------------- 1048
Section 40-10-6 Appeals
---------------------------------------------- 1048
Section 40-10-7 Filing – Records Transmittal
-------------------------- 1048
Section 40-10-8 Stay of Further Proceedings
-------------------------- 1048
Section 40-10-9 Public Hearing – Notice
------------------------------ 1048
Section 40-10-10 Advisory Report, Finding of Fact
--------------------- 1048
Section 40-10-11 Action by Council
------------------------------------ 1049
XI BOARD OF APPEALS
Section 40-11-1 Established
------------------------------------------- 1049
Section 40-11-2 Application
------------------------------------------- 1049
Section 40-11-3 Public Hearing – Notice
------------------------------ 1050
Section 40-11-4 Procedure of Soil and Water
Conservation
District --------------------------------- 1050
Section 40-11-5 Advisory Report – Factors Considered
--------------- 1050
Section 40-11-6 Conditions
------------------------------------------- 1050
Section 40-11-7 Action by Council
------------------------------------ 1051
XII VARIANCES
Section 40-12-1 Area-Bulk and Use-Variances
----------------------- 1051
Section 40-12-2 Applications
----------------------------------------- 1051
Section 40-12-3 Public Hearing – Notice
----------------------------- 1051
Section 40-12-4 Advisory Report – Findings of Fact
----------------- 1052
Section 40-12-5 Action by Council
----------------------------------- 1052
XIII AMENDMENTS
Section 40-13-1 Amendments
---------------------------------------- 1053
Section 40-13-2 Filing
------------------------------------------------ 1053
Section 40-13-3 Public Hearing – Notice
----------------------------- 1053
Section 40-13-4 Advisory Report – Findings of Fact
----------------- 1053
Section 40-13-5 Action by City Council
------------------------------ 1054
CHAPTER 40
ZONING CODE
ARTICLE I – GENERAL PROVISIONS
40-1-1 PURPOSE.
In accordance with
State Law (Ill.
Rev.
Sec.
11-13-1, et seq.), this Chapter regulates structures and land uses in order to
preserve, protect, and promote the public health, safety and welfare through
implementation of this municipality’s comprehensive plan. More specifically, this Chapter 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, and to discourage development on
inappropriate sites;
(B) To
protect and enhance the character and stability of sound existing residential,
commercial, and industrial areas, and to gradually eliminate non-conforming
uses and structures;
(C) To
conserve and increase the value of taxable property throughout the City of
(D) To
ensure the provision of adequate light, air and privacy for the occupants of
all buildings;
(E) To
protect property from damage caused by fire, flooding, poorly controlled storm
water runoff, and adverse soil and topographical conditions;
(F) To
provide adequate and well-designed parking and loading space for all buildings
and uses, and to reduce vehicular congestion on the public streets and
highways;
(G) To
guide the provision of water mains, sanitary sewers, storm water sewers, and
other utilities and services, and to reduce the initial costs and future
maintenance expenses thereof;
(H) To
provide for the efficient administration and fair enforcement of all the
regulations set forth herein;
(I) To
clearly and concisely explain the procedures for obtaining variances, special
use permits, amendments, and the like.
40-1-2 JURISDICTION.
This Code shall be applicable within the corporate limits of this
municipality.
40-1-3 INTERPRETATION – CONFLICT WITH OTHER ORDINANCES. Every provision of this Code shall be
construed liberally in favor of this municipality, and every requirement
imposed herein 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.
1000
40-1-4
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. (See “Local Governmental Employees Tort
Immunity Act,”
(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.
40-1-5 SEVERABILITY. 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.
40-1-6 WHEN
EFFECTIVE. This ordinance shall be
in full force and effect from and after its passage, approval and publication in
pamphlet form as provided by the Illinois Revised Statutes. (See
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 dictionary 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; the term “may” is discretionary.
(F) The
term “this municipality” shall mean the City of
1001
(G)
The words “lot,” “parcel,”
“tract,” and “site” shall be synonymous.
(See “PLOT”)
(H)
The words
“extend,” “enlarge,” and “expand” shall be synonymous. (See “ENLARGE”)
(I)
The words
“abutting,” “adjacent,” and “contiguous” shall be synonymous. (See “ABUTTING”)
(J)
All distances
shall be measured to the nearest integral 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.
“ABUTS.” Having a common lot line or district
line. (Excluding streets, alleys, or
public rights-of-way.)
“
“ACCESSORY USE.” Any structure or use that 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 or the principal
structure or use served; and
(C)
Located on the
same lot as the principal structure or use served.
“ADMINISTRATOR.” The official appointed by the
Mayor of this municipality with the advice and consent of Council to administer
this Code, or his representative.
(Synonymous with “Zoning Administrator.”)
“AGRICULTURE.” Any one (1) or any combination of the
following; the growing of farm or truck garden crops, dairying, pasturage,
horticulture, floriculture, viticulture, or animal/poultry husbandry. The term “agriculture” encompasses the
farmhouse, and accessory uses and structures customarily incidental to
agricultural activities.
“AISLE.” A vehicular traffic way within an off-street
parking area, uses as a means of access/egress from parking spaces.
“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), property effected in
accordance with State Law and the procedures set forth herein.
“ATTACHED.” As applied to buildings, “attached” means
having a common will and/or a common roof.
“BASEMENT.” A story having one-half or more of its height
below the average level of the adjoining ground.
“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.
1002
“BOARD OF APPEALS.” The Board of Zoning Appeals of
this municipality.
“BOARDING HOUSE.” A residential building or
portion thereof (other than a motel or hotel) containing lodging rooms for
accommodation of 3 to 10 persons who are not members of the keeper’s family,
and where lodging or meals or both are provided by prearrangement and for
definite periods, but not on an overnight or per-meal basis to the transient
public.
“BUFFER STRIP.” An area of land (undeveloped except for
landscaping, fences, etc.) used to protect a use situated on one (1) lot from
the deleterious effects of the use on the adjacent lot.
“BUILDING.” Any covered structure permanently affixed to
land and designed or used to shelter persons or chattels.
“BUILDING HEIGHT.” The vertical distance measured
from the average grade at the front wall of a building to the highest point of
the coping of a flat roof or to the deck line of a mansard roof, or to the mean
height level between eaves and ridge for gable, hip or gambrel roofs. Chimneys, towers, cooling towers, and similar
projections shall not be included in calculating building height.
“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.
“BULK.” Any one or any combination of the following
structural or site design characteristics:
(A)
Size or height of
structure;
(B)
Location of
exterior walls at all levels in relation to lot lines, streets, or other
structures;
(C)
(D)
Yards or
setbacks.
“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.
“CLINIC.” An establishment wherein licensed physicians
or dentists practice medicine or dentistry, but where overnight lodging for
sick or injured persons is not provided.
“CLUB/LODGE.” A non-profit association of persons who are
bona fide 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).
“COMPREHENSIVE PLAN.” The plan or
any portion thereof adopted by this municipality to guide and coordinate the
physical and economic development of the community. The comprehensive plan includes, but is not
limited to, plans and programs regarding the location, character, and extent of
highways, bridges, public buildings or uses, utilities, schools, residential,
commercial or industrial land uses, parks, drainage facilities, etc.
1003
“CONFORMING.” In compliance with the applicable provisions
of this Code.
“CONVENIENCE SHOP.” Any small retail commercial or
service establishment offering goods/services primarily to the residents of a
particular multiple-family complex, mobile home park, or similar development.
“CORRECTIVE ACTION ORDER.” A legally
binding order issued by the Administrator in accordance with the procedures set
forth herein to effect compliance with this Code.
“DAY CARE CENTER.” See “NURSERY SCHOOL.”
“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 therefore.
“DIMENSIONS.” Refers to both lot depth and lot width.
“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 off-street parking area.
“DWELLING.” A building or portion thereof designed or
used primarily as living quarters for one or more families, but not including
hotels, motels or other accommodations for the transient public.
“DWELLING, MULTIPLE-FAMILY.” A building or
portion thereof containing 3 or more dwelling units built to comply with the
adopted building codes of the City.
“DWELLING, SINGLE-FAMILY.” A detached
dwelling containing one dwelling unit and intended for the occupancy of one
family built to comply with the adopted building codes of the City. It does not include a mobile home. (See
“MOBILE HOME”)
“DWELLING, TWO-FAMILY.” A dwelling
containing two dwelling units built to comply with the adopted building codes
of the City.
“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.
“ENCLOSED.” As applied to a building, “enclosed” means
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.
“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.” To build or construct.
“ESTABLISHMENTS.” 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:
1004
(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.” Actually constructed or in operation on the
effective date of this Code.
“FAMILY.” One person or two or more persons related by
blood, marriage, or legal adoption or not more than three unrelated persons,
maintaining a common household in a dwelling unit.
“FLOOD ELEVATION, REGULATORY.” The elevation of the most severe flood that,
on the basis of Corps of Engineer’s data, may be expected to occur once every
100 years.
“FLOOD PLAIN AREA.” The area adjacent to a watercourse and its
tributaries having an elevation equal to or lower than the regulatory flood elevation.
“FLOOD AREA, GROSS.” 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 basement floors;
attic floor space; halls, closets, stairwells; space devoted to mechanical
equipment; and enclosed porches.
“FRONTAGE.” The lineal extent of the front (street-side)
of a lot.
“GREENHOUSE.” See “NURSERY.”
“HEREAFTER.” Any time after the effective date of this
Code.
“HOME OCCUPATION.” Any business, profession, or occupation
conducted for gain entirely within a dwelling or on residential premises in
conformity with the provisions of this Code.
“HOSPITAL.” An institution devoted on an around-the-clock
basis to the maintenance and operation of facilities for the diagnosis,
treatment, or care of members of the general public suffering from disease,
injury, or other abnormal physical conditions.
“IMMOBILIZE.” As applied to a mobile home, “immobilize”
means to remove the wheels, tongue, and hitch and/or to 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.” A tract of land, including any accessory
structures thereon that is 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 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 dogs, cats, or other household domestic animals over
four months of age are kept, boarded for compensation, or kept or bred for
sale. (See Chapter 3)
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“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 intended as a unit for the
purpose (whether immediate or future) of transfer of ownership or
development. A “lot” may or may not
coincide with a “lot of record.”
“
“LOT, THROUGH.” A lot having a pair of approximately parallel
lot lines that abut two 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 SIZE REQUIREMENTS.” Refers to the lot area, width, and depth
requirements of the applicable district.
“LOT WIDTH.” The mean horizontal width of a lot measured
at right angles to the side lot lines.
“MAINTENANCE.” The routine upkeep of a structure, premises,
or equipment, including the replacement or modification of structural
components to the extent necessary to keep said structure in sound condition.
“MATERIALLY.” As applied to the impact of one thing on
another, “materially” means significantly or substantially.
“MOBILE HOME.” (See Revised
“MOBILE HOME PARK.” A parcel not less than 1 acre in area in
single ownership/control, developed with facilities for accommodating occupied
mobile homes in accordance with the requirements of the Mobile Housing Code,
Chapter 23 of the City Code.
“NON-CONFORMING.” As applied to a lot, structure, or use,
“non-conforming” means (1) lawfully existing on the effective date of this
Code, but (2) not in compliance with the applicable provisions thereof.
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“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 4 or more unrelated children of
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.
“OVERLAY DISTRICT.” A zoning district superimposed over one or
more standard (primary) zoning districts or portions thereof for the purpose of
controlling developmental problems caused by such factors as flooding, etc.
“PARKING AREA/LOT, OFF-STREET.” Land that is improved in accordance with this
Code 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 be
either a principal use or an accessory use.
“PARKING SPACE, OFF-STREET.” An area at least 20 feet long and 10 feet
wide within an off-street parking area or garage, used for the storage of one
passenger motor vehicle.
“PERMITTED USE.” 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.
“PLANNED UNIT DEVELOPMENT.” A tract of land which is planned as a whole
for development under single ownership or control in accordance with this Code,
and which, by virtue of such unified planning and development, provides greater
amenities, convenience or other benefits (especially open space) than would
normally be had through the development of diverse smaller tracts under
multiple ownership. A “planned unit
development” may contain one type of use or a variety of uses.
“PLAN COMMISSION.” The Plan Commission of this City. (See Chapter 5).
“PLOT.” A parcel of land consisting of one or more
lots or portions thereof which is described by reference to a recorded plat or
by metes and bounds.
“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.
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“PROPERTY LINE.” See “
“RECONSTRUCT.” As applied to non-conforming structures,
“reconstruct” means to rebuild after partial or total destruction.
“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.
“RESTRICTIVE.” Tending to keep within prescribed limits.
“RETAIL.” Refers to the sale of goods or 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 this municipality or to another unit of government for streets
and alleys.
“ROOMING HOUSE.” See “BOARDING HOUSE.”
“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. At a
“sanitary landfill,” the refuse is periodically covered with topsoil.
“SCREENING.” Trees, shrubs, walls, solid fences, etc.,
used as a means of visual and noise control.
“SERVICE USE/ESTABLISHMENT.” Any use or establishment wherein services are
provided for remuneration either to individuals or to other firms.
“SETBACK.” The minimum horizontal distance between a lot
line and the nearest portion of a building.
“SETBACK LINE.” See “BUILDING LINE.”
“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.
“SPECIAL USE PERMIT.” A permit issued in accordance with the
provisions of this Code to regulate development of a special use.
“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.
“STOP ORDER.” A type of corrective action order used by the
Administrator to halt work in progress that is in violation of this Code.
“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.
“STRINGENT.” Binding, exacting.
“STRUCTURE.” Anything constructed, assembled or erected on
the ground, or attached to something having a 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.
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“TEMPORARY USE PERMIT.” A permit issued in accordance with the
provisions of this Code and valid for not more than one year, which allows the
occupation of a temporary structure or the operation of a temporary enterprise.
“TOPOGRAPHY.” The relief features or surface configuration
of an area.
“USE.” The purpose or activity for which land or a
structure thereon is designed, arranged, intended, occupied, or maintained.
“USE VARIANCE.” A type of amendment (not variance) that
allows a use in a district where said use would not be allowed under existing
provisions of this Code.
“VARIANCE.” A relaxation of the strict application of the
lot size, setbacks, or other bulk requirements applicable to a particular lot
or structure.
“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 side lot
lines, front lot lines, 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 yard in question 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 and incorporated into this Code by reference.
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ARTICLE III
GENERAL ZONING REGULATIONS
40-3-1 ESTABLISHMENT OF DISTRICTS. In order to implement the regulatory scheme of
this Code so as to achieve the objectives enumerated in Section 40-1-1, this
entire municipality is hereby divided into the following zoning districts:
DISTRICT
DESIGNATION MINIMUM AREA
Single-Family
Residence R-1 15,000
sq. ft.
Two-Family
Residence R-2 15,000
sq. ft.
Multi-Family
Residence R-3 21,750
sq. ft.
Neighborhood
Business B-1 15,000
sq. ft.
Central
Business B-2 25,000
sq. ft.
Highway
Business B-3 25,000
sq. ft.
Industrial M-1 43,000 sq.
ft.
* The “minimum area” requirement (which
is intended to prevent spot zoning) refers to the smallest total area of
contiguous parcels that can properly be given the particular district
classification. This requirement relates
only to the creation of new zone districts. Expansion of existing zone districts shall be
exempt from this provision provided the expansion area is contiguous to
the existing zone district. All new
districts established in any designation shall be required to have at least 100
foot frontage.
40-3-2 ZONING MAP AND DISTRICT BOUNDARIES. The boundaries of the listed zoning districts
are hereby established as shown on the official zoning map of this
municipality. This official map,
including all notations and other information thereon, is hereby made a part of
this Code by reference. The official
zoning map shall be kept on file in the Administrator’s office.
40-3-3 ANNUAL PUBLICATION. In accordance with State Law (Ill. Rev.
Stat., Ch. 24; 11-13-19), the Administrator shall publish the zoning map of
this municipality 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.
40-3-4 DETERMINING
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(A) Where
a district boundary as indicated on the zoning map approximately follows any of
the features listed below on the left, the corresponding feature on the right
shall be deemed the district boundary:
(1) Center line of any street, alley, or
highway…………….……such center line
(2) Lot line………………………………………………………..…such lot line
(3) Railroad tracts………………………………..right-of-way
line of such tracts
(4) Stream………………………………………….………center of such
stream
(5) Section lines, quarter section lines,
quarter-quarter section lines, survey lines
……………………………………………………………………..such lines
(B) 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 by subject to all regulations of the extended districts.
(C) The
regulatory flood elevation at any point in question shall determine where the
flood plain overlay district boundary is located on the land.
40-3-5 ANNEXED TERRITORY. Upon the effective date of this Code,
whenever any territory is annexed to the City, the City Council shall determine
its district classification at the time of annexation.
40-3-6 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.
40-3-7 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 finds that the unlisted use is similar to
and compatible with the listed uses, they
may allow such use by amending this Code in accordance with Section
40-13-1.
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.
40-3-8 EMERGENCY AND TEMPORARY OCCUPANCY OF STRUCTURES. No temporary structure (including
travel-trailers or mobile homes) shall be used or occupied for any residential,
commercial or industrial use except as specifically permitted or required by
this Code. However, the City Council
may, upon application therefore, permit the use of such temporary structure for
such reasonable time, for such use, and subject to such conditions as the
Council deems to be compatible with the character of the area in which the
structure is located, and in compliance with reasonable consideration of the
general health, safety, and welfare.
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40-3-9 MEETING MINIMUM REQUIREMENTS. Except as specifically provided otherwise
elsewhere in this Code, every lot must meet the minimum area, minimum
dimensions, and minimum setbacks requirements of the district in which it is
located independently; that is, without counting any portion of an abutting
lot.
40-3-10 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 that
conforms to the standards set forth in the Subdivision Code.
40-3-11 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. (See Figure No. 2)
40-3-12 FRONT SETBACKS IN CERTAIN BUILT-UP AREAS. Except as specifically provided otherwise, in
all residential and commercial zoning districts, where over 50% of the lots on
one (1) side of a street between intersections (that is, in one block) are
developed with buildings that do not meet the minimum front yard setback area,
then a front yard setback that conforms with the established building line in
that block may be permitted.
40-3-13 INTRUSIONS INTO YARDS. To the extent indicated below, the following
feature of principal buildings may intrude into required yards without thereby
violating the minimum setback requirements:
FEATURE MAXIMUM
INTRUSION
(1) Cornices, chimneys, planters or similar
architectural features: 2 feet
(2) Fire escapes 4 feet
40-3-14 - 40-3-15
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40-3-16 EXCEPTIONS TO HEIGHT LIMITS.
(A) Necessary
Appurtenances. Chimneys, church
spires, 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 of 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 of such corner lots and a line joining the two
points, each of which is on one street line and 30 feet from the point of
intersection, no obstruction, whether natural or man-made, shall intrude into
the air space that is between two feet and 10 feet above the level of the
adjacent street unless otherwise provided in this zoning code. (See Figure No. 1)
(C) Subsections
(A) and (B) hereof shall not be construed to prohibit a fence which is not
solid and has adequate spaces between the components thereof so that it does
not create an obstruction for a pedestrian or vehicular traffic.
40-3-17 ACCESSORY USED.
“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 such principal structure.
40-3-18 PERMITTED ACCESSORY USES. Any accessory use shall be deemed permitted
in a particular zoning district if such accessory use is:
(A) Accessory
to a principal structure or use that is allowed in that zoning district as of
right (permitted use) or by virtue of the fact that a special use permit has been
granted; and
(B) In
compliance with the restrictions set forth in Section 40-3-19.
40-3-19 ACCESSORY USE RESTRICTIONS.
(A) Height. No accessory use shall be higher than:
(1) 15 feet in any residential district; or
(2) 25 feet in any other zoning district.
(B) Setbacks. No accessory use in any zoning district shall
be located in any part of any front yard nor closer that 3 feet to any
side or rear yard.
(C) Percentage
of
(D) Use
as Dwelling. Use of any accessory
structure as a dwelling is strictly prohibited throughout the zoning
jurisdiction of this municipality.
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40-3-20 DEGREE OF RESTRICTIVENESS. “More Restrictive Uses” as employed in this
Code means the following:
(A) Those
uses first permitted in the R-1 District are the most restrictive.
(B) All
other uses are less restrictive in the order and restrictiveness, beginning
with the most restrictive as follows:
R-1, R-2, R-3, B-1, B-2, B-3 and M-1.
ARTICLE IV – PLANNED DEVELOPMENTS
40-4-1 PLANNED UNIT DEVELOPMENTS. As used in this Code, the term “Planned Unit
Development” (PUD) means a development wherein, in accordance with an approved
development plan, (1) common open space is reserved; (2) various housing types
and other structures and uses may be mixed; and/or (3) overall average density
does not exceed the usual zoning district limit.
This Code authorized development of PUDs and establishes PUD procedures in order to achieve the
objectives enumerated in Section 40-1-1 (the general purposes section of this
Code) and the following additional objectives:
(A) To
provide a regulatory mechanism whereby the City can be assured that upon
completion, approved development projects will substantially conform to the
plans or models which constituted the basis for the City’s issuance of the
necessary zoning, subdivision, and/or building permits;
(B) To
permit development of a wide variety of housing types and other structures and
uses in a single comprehensively planned project;
(C) To
preserve the natural topography, scenic features, mature trees, and historic structures
existing on sites proposed for development;
(D) To
encourage innovative site layouts and coordinated architectural treatment of
different housing types and other structures;
(E) To
ensure the provision of usable common open space in planned developments, and
to spur installation of various amenities therein;
(F) To
facilitate the economical installation of standard streets, sewers, utilities
and other improvements.
40-4-2 COMPLIANCE WITH CODES GENERALLY REQUIRED. IMPORTANT: Except as specifically provided otherwise in
this section, planned unit developments (including all structures and uses
therein) shall, at a minimum, be built in conformity with all applicable codes
and regulations, including this (Zoning) Code; the Subdivision Code, and the
Sign Control Code.
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40-4-3 DISTRICTS WHERE ALLOWED. Planned unit developments may be built in any
zoning district, but only upon the issuance of a Special-Use Permit.
40-4-4 PERMISSIBLE DEVIATIONS FROM REQUIREMENTS. The planned unit development concept is
intended to afford both the developer and the City considerable flexibility in
formulating development proposals.
Consequently, to the extent indicated in this section, PUDs may deviate from generally applicable code requirements
without a variance. Any proposed
deviation not listed below, however, shall require a variance.
(A) Mixed
Uses. PUDs
may include all types of residential structures and any other uses approved by
the Council; provided, that in approving such mixed uses, the Council may
attach any conditions necessary to protect the public welfare.
(B)
(C) Accessory
Uses. In PUDs,
the Council may allow the developer to disregard the usual restrictions on
accessory uses other than the prohibition against using an accessory structure
as a dwelling.
(D) Location
of Parking/Loading Spaces. By
permission of the Council, off-street parking and loading spaces in PUDs need not be located in accordance with generally
applicable requirements. The minimum
number of such spaces, however, shall not be less than the number required
as per Article VII.
40-4-5 PUD PROCEDURES.
Every applicant for PUD approval shall comply with the procedural
requirements of this subsection. The
required procedures are as follows:
(A) Filing
development plan with the Administrator;
(B) Provision
by the developer of adequate assurance for the completion of required
improvements as per the development plan;
(C) Review
of the development plan by the Zoning Board of Appeals;
(D) Public
hearing by the Board of Appeals as per the requirements of Article XI
(Special-Use Permit);
(E) Recommendation
by the Zoning Board of Appeals to the City Council regarding approval/rejection
of the development plan; and
(F) Action
by the City Council on the development plan.
40-4-5.1 APPLICATION, INFORMATION REQUIRED. Every applicant for approval of a PUD
development plan shall submit to the Administrator, in narrative and/or graphic
form, the items of information listed below:
(Written
Documents)
(A) Legal
description of the total site proposed for development;
1015
(B) Names
and addresses of all owners of property within or adjacent to the proposed PUD;
(C) Statement
of the planning objectives to be achieved by the PUD through the particular
approach proposed by the applicant, including a description of the character of
the proposed development and the rationale behind the assumptions and choices
made by the applicant;
(D) Development
schedule indicating the approximate date when construction of the PUD or stages
of the PUD can be expected to begin and be completed;
(E) Statement
of the applicant’s intentions with regard to the future selling or leasing of
all or portions of the PUD, such as land areas, dwelling units, etc.;
(F) Data
indicating:
(1) Total number and type of proposed
dwelling units,
(2) Gross and net acreage of parcel,
(3) Acreage of gross and usable open space,
and
(4) Area of any commercial uses.
(Graphic
Materials)
(G) Existing
site conditions including contours at 10 foot intervals and locations of
watercourses, flood plains, unique natural features, and wooded areas;
(H) Proposed
lot lines and plot designs;
(I) Proposed
location, size in square feet, and general appearance of all existing and
proposed buildings (both residential and non-residential) and other structures
and facilities;
(J) Location
and size in acres or square feet of all areas to be conveyed, dedicated, or
reserved as common open spaces, public parks, recreational areas, school sites,
and similar public and semi-public uses;
(K) Existing
and proposed vehicular circulation system, including off-street parking and
loading areas and major points of ingress and egress to the development
(notations of proposed ownership -- public or private -- should be included
where appropriate);
(L) Existing
and proposed pedestrian circulation system, including it relationship to the
vehicular circulation system and proposed treatments of points of conflict;
(M) Existing
and proposed utility systems, including sanitary sewers, storm sewers, and
water, electric, gas, and telephone lines;
(N) General
landscape plan indicating the treatment of both private and common open spaces
and the location of required buffer strips;
(O) Enough
information on land areas adjacent to the proposed PUD to indicate the
relationships between the proposed adjacent areas;
(P) Any
additional information required by the City to evaluate the character and
impact of the proposed PUD.
40-4-5.2 ADVISORY REPORT – CRITERIA CONSIDERED. The Zoning Board of Appeals shall submit to
the Council a written advisory report concerning acceptance/rejection of the
development plan. In deciding what their
advice should be, the Zoning Board of Appeals shall consider the following
criteria:
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(A) The
extent to which the proposed development is consistent with the City’s
Comprehensive Plan and with the purposes of this Code and of all other
applicable codes and ordinances;
(B) The
extent to which the proposed development deviates from the regulations that are
generally applicable to the property (including, but not limited to the use and
lot and building regulations of the district), and the apparent merits (if any)
of said deviations;
(C) Whether
the proposed design of the PUD makes adequate provisions for vehicular and
pedestrian circulation, off-street parking and loading, separation of
residential and commercial uses, open space, recreational facilities,
preservation of natural features, and so forth;
(D) The
compatibility of the proposed PUD with adjacent properties and surrounding
area; and
(E) Any
other reasonable criteria that the Zoning Board of Appeals may devise.
40-4-5.3 DECISION BY COUNCIL.
After the Zoning Board of Appeals has submitted their advisory report,
the Council, by resolution, either approve or disapprove the PUD development
plan. The Council shall not approve any
PUD development unless:
(A) The
developer has posted a performance bond or deposited funds in escrow in the
amount the City Engineer deems sufficient to guarantee the satisfactory
completion of all required improvements; and
(B) The
City Attorney has stated that all legal instruments (particularly the
restrictive covenants) are satisfactory; and
(C) The
proposed PUD, as evidenced by the development plan, complies with all
applicable codes and regulations. (Deviations to the extent permitted under
Section 40-4-4 shall not be deemed non-compliance.)
40-4-6 CHANGES IN APPROVED PLANS. No changes shall be made to any approved PUD
development plan, except as follows:
(A) Minor
changes, if required by engineering or other circumstances not foreseen at the
time the final development plan was approved.
(B) All
other changes shall require a public hearing before the Zoning Board of
Appeals and a resolution by the Council.
(C) No
approved change shall have any effect until it is recorded with the
Lawrence County Recorder of Deeds as an amendment to the recorded copy of the
development plan.
40-4-7 FAILURE TO BEGIN DEVELOPMENT. If a substantial amount of construction has
not begun within the time stated in the approved construction schedule, the
development plan shall lapse upon written notice to the applicant from the
Council and shall be of no further effect.
However, in its discretion and for good cause, the Council may extend
for a reasonable time the period for the beginning of construction. If a final development plan lapses as per
this section:
(A) The
special use permit shall be automatically revoked;
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(B) Any
building permits shall automatically become null and void; and
(C) All
regulations applicable before the PUD was approved shall automatically be in
full effect.
40-4-8 MUNICIPAL EXEMPTION. The City, in conjunction with any existing or
proposed City development, shall be exempt from all of the provisions of this
Code.
ARTICLE V – REGULATIONS FOR SPECIFIC DISTRICTS
DIVISION I – “R-1” SINGLE-FAMILY DISTRICT
40-5-1 “R-1” SINGLE-FAMILY RESIDENCE DISTRICT. The “R-1” Single-Family Residence District is
established to stabilize and conserve existing neighborhoods that predominantly
consist of single-family dwelling. This
district is also intended to promote the development of comparable new areas in
order to accommodate all persons desiring this type of residential development.
40-5-2 ONE PRINCIPAL BUILDING ON ONE
40-5-3
(A) Minimum
lot area: 5,000
sq ft.
(B) Minimum
lot width (at established building line): 40 ft.
(C) Minimum
lot depth: 100 ft.
(D) Minimum
setbacks:
(1) From front lot line: 25 ft.
(2) From side lot line: 5 ft.
(3) From rear lot line: 25 ft.
(E) Maximum
building height: 35 ft.
(F) Maximum
percentage of lot building coverage: 60
percent
(See
40-3-12 for established areas.)
40-5-4 PERMITTED USES.
Detached single-family dwellings and modular homes and immobilized
mobile homes. (See Chapter 23 – “
(A) Permitted
Obstructions: The following shall
not be considered as obstructions when located within or over required yards:
(1) Open terraces;
(2) Awnings and canopies;
(3) Steps not over 4 feet in height;
(4) Chimneys, not exceeding 2% of the width of
the yard;
(5) Arbors and trellises;
(6) Fences walls not over 7 feet in height (rear
yards only);
(7) Breezeways and open porches;
(8) Open parking areas.
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40-5-5 SPECIAL USES.
Home
occupations. (See 40-6-5)
Planned
unit developments. (See Article IV)
40-5-6 Nothing
in this Article 5, Division 1, shall be construed to prevent any single-family
residence destroyed by fire, casualty or act of God, from being replaced in its
original size and location.
DIVISION II – “R-2” TWO-FAMILY DISTRICT
40-5-7 “R-2” TWO-FAMILY RESIDENCE DISTRICT. The “R-2” Two-Family Residence District is
established to stabilize, conserve and promote the development of areas
suitable for two-family dwellings and other similar uses.
40-5-8 ONE PRINCIPAL BUILDING ON ONE
40-5-9
(A) Minimum
lot area: 6,000
sq ft.
(B) Minimum
lot width (at established building line): 50 ft.
(C) Minimum
lot depth: 100 ft.
(D) Minimum
setbacks:
(1) From front lot line: 25 ft.
(2) From side lot line: 5 ft.
(3) From rear lot line: 25 ft.
(E) Maximum
building height: 35 ft.
(F) Maximum
percentage of lot building coverage: 60
percent
(See
40-3-12 for established areas.)
40-5-10 PERMITTED USES.
Dwelling
houses, each occupied by not Public
or private schools
more
than 2 families
Day
nurseries
Playgrounds,
parks
Nursing
Homes
Cemeteries
Municipal
building and swimming
Churches pools
Public
libraries or museums
Any
use permitted in the “R-1” District
1019
40-5-11 SPECIAL USES.
Home
occupations. (See 40-6-5)
Planned
unit developments. (See Article IV)
40-5-12 Nothing in this Article 5, Division 2, shall prevent any
two-family residence destroyed by fire, casualty or act of God, from being
replaced to its original size and location.
DIVISION III – “R-3” MULTI-FAMILY DISTRICT
40-5-13 “R-3” MULTI-FAMILY RESIDENCE DISTRICT. The “R-3” Multi-Family Residence District is
established to stabilize, conserve and promote the development of areas
suitable for multi-family dwelling and other similar uses.
40-5-14
(A) Minimum
lot area: 6,000
sq ft. or 2,000 sq ft. per
dwelling
unit, whichever is greater
(B) Minimum
lot width (at established building line): 50 ft.
(C) Minimum
lot depth: 100 ft.
(D) Minimum
setbacks:
(1) From front lot line: 25 ft.
(2) From side lot line: 10 ft.
(3) From rear lot line: 25 ft.
(E) Maximum
building height: 35 ft.
(F) Maximum
percentage of lot building coverage: 60
percent
(See
40-3-12 for established areas.)
40-5-15 PERMITTED USES.
Single-Family
dwellings Condominiums
Two-Family
dwellings All
other uses permitted in
the
“R-2” District
Multi-Family
dwellings
Row
Houses
40-5-16 SPECIAL USES.
Home
occupations. (See 40-6-5)
Planned
unite developments. (See Article IV)
40-5-17 Nothing in this Article 5, Division 3, shall prevent any
multi-family residence destroyed by fire, casualty or act of God, from being replaced
in its original size and location.
1020
DIVISION IV
“B-1” NEIGHBORHOOD BUSINESS DISTRICT
40-5-18 PURPOSE. The
“B-1” Neighborhood Business District, as delineated on the zoning map,
encompasses small commercial enclaves located within predominantly residential
areas. Only selected small-scale sales
and service facilities that constitute a convenience to residents of the
immediate neighborhood may locate in this district. These commercial establishments must be
compatible in design and operation with an essentially residential environment.
40-5-19 USE RESTRICTIONS.
(A) Retail
Only. Every commercial or service
establishment located in this district shall deal directly with consumers.
(B) Enclosed
Buildings. All commercial, service,
and storage activities shall be conducted within completely enclosed
structures.
(C) Limited
Size. The gross floor area of any
commercial or service establishment located in this district shall not exceed 3,000
square feet.
(D) No
Drive-ins. No commercial or service
establishment shall offer goods or services directly to customers waiting in
parked motor vehicles, or sell food or beverages for consumption on the
premises in parked motor vehicles. Thus,
service stations, drive-in restaurants, etc. are excluded from this district.
(F) Refuse
Containers. All refuse generated by
any establishment located within this district shall be stored in
tightly-covered containers placed in a visually-screened area.
(G) Screening. Along the size and rear lot lines of any lot
abutting any residential district, screening (a wall, solid fence, or closely-planted
shrubbery) at least 6 feet high and of sufficient density to completely
block the view from the adjacent residential property shall be provided.
(H) Parking. See Article VII.
(I) Signs. See the Sign Control Code, Chapter 32 of the
“Revised Code of Ordinances.”
40-5-20
(A) Minimum
lot area: 7,500
sq ft.
(B) Minimum
lot width (at the established building line): 50 ft.
(C) Minimum
lot depth: 100 ft.
(D) Minimum
setbacks:
1021
(1)
From front and
side lot lines: Establishments located
in this district must conform to the front and side setback requirements applicable
to dwellings located in the adjacent residential district. If more than one residential district is
adjacent to the “B-1” District, the front and side setback requirements of the
district shall be the same as those imposed in the least restrictive adjacent
residential district.
(2)
From rear lot
line: 15 ft.
(E) Maximum
building height: 35 ft.
40-5-21 PERMITTED USES.
Provided all the use restrictions of this district (See Section
40-5-19) are observed, the following uses are permitted:
Churches and other places of formal
worship
Clubs and lodges
Commercial establishments
Government uses of this municipality
Libraries, museums
Offices
Service establishments
Accessory uses in accordance with
Sections 40-3-17; 40-3-18; and 40-3-19
All uses permitted in the “R-3”
District
40-5-22 SPECIAL USES.
Provided all the use restrictions of this district (See Section
40-5-19 are observed, the following uses may be allowed by special use
permit:
Dwelling units if located above the
first story
Governmental uses other than those of
this municipality
Taverns
Utility substations
All special uses permitted in the
“R-3” District
40-5-23
RESERVED.
1022
DIVISION V
“B-2” CENTRAL BUSINESS DISTRICT
40-5-24 PURPOSE. The
“B-2” Central Business District encompasses the concentrated
pedestrian-oriented commercial area of this municipality. Stores and other facilities providing a wide
range of retail goods and services to the general public may be located within
this District.
40-5-25 USE RESTRICTIONS.
(A) Retail
Only. Every commercial or service
establishment located in this district shall deal directly with consumers.
(B) Processing
Incidental. Any processing or
treatment of goods on any premises must be clearly incidental to the retail
business conducted on such premises.
(C) Unenclosed
Activities – Special Use Permit. In
this district, a special use permit is required to conduct any commercial,
service, or storage activities outside a completely enclosed building.
(D) Drive-ins
– Special Use Permit. In this
district, a special use permit is required to establish any business that will
offer goods or services directly to customers waiting in parked motor vehicles,
or that will sell food or beverages for consumption on the premises in parked
motor vehicles.
(E) Refuse
Containers. All refuse generated by
any establishment located within this district shall be stored in tightly
covered containers placed in a visually-screened area.
(F) Screening. Along the side and rear lot lines of any lot
abutting any residential district, screening (a wall, solid fence, or
closely-planted shrubbery) at least 6 feet high and of sufficient
density to completely block the view from the adjacent residential property
shall be installed.
(G) Parking. See Article VII.
(H) Signs. See the Sign Control Code, Chapter 32 of the
“Revised Code of Ordinances.”
40-5-26
(A) Minimum
lot area: None
(B) Minimum
lot width (at the established building line): 30 ft.
(C) Minimum
lot depth: None
(D) Minimum
setbacks: Generally, none required
except as necessary to achieve compliance with applicable off-street parking
and loading requirements. (See Article
VII). However, any lot abutting a
residential district shall conform to the front and side setback requirements
of such district.
(E) Maximum
building height: 60 ft.
1023
40-5-27 PERMITTED USES.
Provided all the use restrictions of this district (See Section
40-5-25) are observed, the following uses are permitted:
Auditoriums, meeting rooms, and other
places of assembly
Churches and other places of formal
worship
Clubs and lodges
Commercial establishments, except
those listed in Section 40-5-28
Government uses of this municipality
Libraries, museums
Mass transit facilities
Offices
Service establishments, except those
listed in Section 40-5-28
Accessory uses in accordance with
Sections 40-3-17; 40-3-18; and 40-3-19
All uses permitted in the “B-1”
District
40-5-28 SPECIAL USES.
Provided all the use restrictions of this district (See Section
40-5-25) are observed, the following uses may be allowed by special use
permit:
Any
use that involves commercial, service, or storage activities conducted inside
completely enclosed buildings
Any
use, such as drive-in restaurants, drive-in banks, service stations, etc. that
offers goods or services directly to customers waiting in parked vehicles, or
that sells food or beverages for consumption on the premises in parked motor
vehicles
Governmental uses other than those of
this municipality
Hospitals, medical/dental clinics
(See Section 40-6-6)
Taverns
Utility substations
All special uses permitted in the
“B-1” District
40-5-29 RESERVED.
1024
DIVISION VI
“B-3” HIGHWAY BUSINESS DISTRICT
40-5-30 PURPOSE. The
“B-3” Highway Business District is intended to accommodate and regulate strip
commercial developments and compatible uses.
Since such businesses (both retail and wholesale) draw their patrons
primarily from the motoring public, they typically require direct access to
major streets and large lots for off-street parking and loading.
40-5-31 USE RESTRICTIONS.
(A) Repairs
Indoors. All repair and maintenance
services shall be conducted within completely enclosed structures. Storage areas may be open to the sky, but
shall be enclosed by walls or solid fences at least 8 feet high.
(B) Refuse
Containers. All refuse generated by
facilities located within this district shall be stored in tightly-covered
containers placed in visually-screened areas.
(C) Screening. Along the side and rear lot lines of any lot
abutting any residential district, screening (a wall, solid fence, or
closely-planted shrubbery) at least 6 feet high and of sufficient
density to completely block the view from the adjacent residential property
shall be installed.
(D) Parking. See Article VII.
(E) Signs. See the Sign Control Code, Chapter 32 of the
“Revised Code of Ordinances.”
40-5-32
(A) Minimum
lot area: 10,000
sq ft.
(B) Minimum
lot width (at the established building line): 100 ft.
(C) Minimum
lot depth: 100 ft.
(D) Minimum
setbacks:
(1) From front lot line: 25 ft.
(2) Side yards:
Minimum
total setback from
both side lot lines: 12 ft.
Minimum
setback from either
side lot
line: 12 ft.
(3) From rear lot line: 15 ft.
(E) Maximum
structure height: 45 ft.
40-5-33 PERMITTED USES.
Provided all the use restrictions of this district (See Section
40-5-31) are observed, the following uses are permitted:
Churches and other places of formal
worship
Clubs and lodges
1025
Commercial
establishments, any type, including drive-in facilities. Such uses as the following are especially
appropriate in this district:
-
bowling alleys
-
furniture and appliance sales
-
greenhouses (See Section 40-6-4)
-
lumber and building supplies sales
-
miniature golf courses
-
mobile home and recreational vehicles sales
-
motor vehicles sales
Government uses of this municipality
Offices
Service
establishments, any type, including drive-in facilities. Such uses as the following are especially
appropriate in this district:
-
animal hospitals
-
banks and other financial institutions
-
miniature golf courses
-
motels
-
motor vehicles services
-
restaurants
-
service stations (See Section 40-6-14)
Accessory uses in accordance with
Sections 40-3-17; 40-3-18; and 40-3-19
All uses permitted in the “B-2”
District
40-5-34 SPECIAL USES:
Provided all the use restrictions of this district (See Section
40-5-31) are observed, the following uses may be allowed by special use
permit:
Drive-in theaters (See Section
40-6-2)
Freight and bus terminals, and
related transportation facilities
Government uses other than those of
this municipality
Research
and development facilities not involving explosives, flammable gases, or
liquids, or live animals
Utility substations
Warehousing
and wholesaling or any goods except explosives, flammable gases, or liquids, or
live animals
All
special uses permitted in the “B-2” District
40-5-35 RESERVED.
1026
DIVISION VII
“M-1” INDUSTRIAL DISTRICT
40-5-36 PURPOSE. The
“M-1” Industrial District is intended to provide for areas where light
industry, research facilities, warehouses, and wholesale businesses may locate without
detriment to the remainder of the community.
In these areas, a satisfactory correlation of factors required by such
uses exists or can be readily achieved.
40-5-37 USE RESTRICTIONS.
(A) No
Nuisances. No production,
processing, cleaning, servicing, testing, repair, sale, or storage of goods,
materials, or equipment shall unreasonably interfere with the use, occupancy,
or enjoyment of neighboring properties or the community as a whole. Unreasonable interferences include,
but are not limited to excessive traffic congestion, loud or shrill noises,
excessive emission of smoke, emission of toxic gases, excessive glare and
noxious odors.
(B) Activities
Enclosed. All production,
processing, cleaning, servicing, testing, or repair activities shall be
conducted within completely enclosed buildings, storage areas may be open to
the sky, but shall be enclosed by walls or fences (whether solid or
chain-link), including gates, at least 8 feet high.
(C) Buffer
Strips. Wherever any industrial
use located in this district abuts any other district, a 20 foot wide
view and noise control buffer strip shall be installed. Such buffer strip shall consist of densely
planted shrubbery that is at least 5 feet high when planted and that can
be expected to reach a height of 10 feet when full grown.
(D) Parking. See Article VII.
(E) Signs. See the Sign Control Code, Chapter 32 of the
“Revised Code of Ordinances.”
40-5-38
(A) Minimum
lot area: 20,000
sq ft.
(B) Minimum
lot width (at the established building line): 125 ft.
(C) Minimum
lot depth: 150 ft.
(D) Minimum
setbacks:
(1) From front lot line: 25 ft.
(2) From any side lot line: 25 ft.
(3) From rear lot line: 25 ft.
(E) Maximum
structure height: 60 ft.
1027
40-5-39 PERMITTED USES.
Provided all the use restrictions of this district (See Section
40-5-37) are observed, the following uses are permitted:
Assembly,
manufacturing, or processing of any commodity from semi-finished materials
provided explosives, flammable gases or liquids, or live animals are not
involved
Freight and bus terminals, and
related mass transportation facilities
Government uses of this municipality
Research and development facilities
not involving explosives, or flammable gases or liquids
Service stations (See Section
40-6-14)
Warehousing
or wholesaling of goods, except explosives, flammable gases, or liquids, or
live animals
Accessory uses in accordance with
Sections 40-3-17; 40-3-18; and 40-3-19
All uses permitted in the “B-3”
District
40-5-40 SPECIAL USES.
Provided all the use restrictions of this district (See Section
40-5-37) are observed, the following uses may be allowed by special use
permit:
Assembly,
manufacturing, processing, warehousing, or wholesaling involving explosives,
flammable gases or liquids, or live animals
Government uses other than those of
this municipality
Junk yards (See Section 40-6-7)
Research and development facilities
involving explosives or flammable liquids or gases
Utility substations
All special uses permitted in the
“B-3” District
ARTICLE VI
SUPPLEMENTARY REGULATIONS FOR SPECIFIC USES
40-6-1 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.
40-6-2 DRIVE-IN THEATERS.
(A) The
movie screen of every drive-in theater shall be located at least 100 feet
from all
1028
street
right-of-way lines and all lot lines, and at least 500 feet from the
boundary of any residential district.
The projection surface of the movie screen shall not be visible from any
major traffic street.
(B) Speakers
shall be limited to the type designed to be heard by the occupants of one car
only.
(C) Entrances
and exits shall connect only to major traffic streets and shall not be located
closer than 100 feet to any intersection of public streets.
(D) Stacking
(waiting) area for at least 25 automobiles shall be provided near the main
entrance to prevent traffic tie-ups on adjacent streets.
40-6-3 FENCES, WALLS.
(A) No
barbed wire or electrically-charges fence below 8 feet in height shall be
erected or maintained anywhere in this municipality.
(B) No
fences, wall, or other obstruction shall be erected within any public
right-of-way, except by written permission of the Zoning Administrator.
(C) No
fence, wall, or other obstruction shall be erected in violation of the Illinois
Drainage Code. (
(D) Every
fence, wall, or other obstruction shall conform to the special height
restrictions applicable in areas near intersections. (See Section 40-3-16 (B))
(E) Whenever
the rear property line of any commercial use abuts a residentially zoned
district, a seven foot high privacy fence along the abutting property may be
required.
(F) No
fence or wall shall be constructed or located in the front yard, as defined in
Section 40-2-2, unless a permit authorizing construction thereof has first been
issued by the Zoning Administrator.
40-6-4 GREENHOUSES, NURSERIES.
(A) No
fertilizer, compost, manure, or other odor-or-dust-producing substance shall be
stored closer than 100 feet to any lot line.
(B) Greenhouse
heating plants shall be situated in an enclosed structure, and shall not be
closer than 50 feet to any lot line.
40-6-5 HOME OCCUPATIONS.
A “home occupation” means any business, profession, or occupation
conducted by the occupants thereof for gain or support entirely within any
dwelling or on any residential premises.
No home occupations shall be
established or conducted 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 25% of the gross floor area of the dwelling or
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.
1029
(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) Parking. See Article VII.
(G) Signs. See the Sign Control Code.
40-6-6 HOSPITALS, NURSING HOMES.
(A) The
lot on which any hospital or sanitarium is situated shall have a minimum width
and depth of 200 feet and a minimum area of 5 acres.
(B) The
lot on which any nursing home is situated shall have a minimum width and depth
of 200 feet and a minimum area of 2 acres.
(C) The
principal building of any hospital, sanitarium or nursing home shall be located
at least 25 feet from all lot lines.
40-6-7 JUNK YARDS.
(A) No
part of any junk yard (which includes any lot on which 3 or more
inoperable vehicles are stored) shall be located closer than 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 10 feet high and of sufficient density to block the
view from adjacent property.
40-6-8 KENNELS.
(A) The
lot on which any kennel is situated shall have a minimum area of 3
acres.
(B) Every
kennel shall be located at least 200 feet from the nearest dwelling, and
at least 100 feet from any lot line.
(See
p. 1005, “Kennel” of Section 40-2-2, Definitions)
40-6-9 SWIMMING POOLS.
(A) No
swimming pool, whether public or private, shall be located in any front yard.
(B) Every
swimming pool that is more than 2 feet deep shall be enclosed by a wall
or fence at least 4 feet in height.
The passage through such wall or fence shall be equipped with a gate.
40-6-10 STORM WATER RUNOFF.
Downstream property owners, watercourses, channels or conduits shall not
receive storm water runoff from proposed upstream developments at a higher peak
flow rate than would have resulted from the same storm event occurring over the
site of the proposed development with the land in its natural, undeveloped
conditions, nor shall storm water runoff exceed the capacity of the natural
drainage system.
1030
(A) Storm
water runoff resulting from a proposed development shall be detained on-site:
(1) By wet or dry bottom reservoirs;
(2) By underground reservoirs;
(3) On flat roofs, parking lots, or streets;
or
(4) By other detention methods approved by
the City Engineer.
(B) Storm
water detention facilities shall have sufficient capacity to store flows up to
the 100-year 24-hour rainstorm.
(C) For
purposes of designing adequate on-site detention facilities, the Illinois State
Water Survey rainfall data for this regions shall be used.
(D) The
provisions of this section shall be applicable to the following areas:
(1) Any residential development having a
gross aggregate area of 10 acres or more; or
(2) Any
residential development of less than 10 acres with a 50% impervious surface including roads, building,
utility rights-of-way, and other improvements;
(3) Any commercial, industrial,
institutional or utility development having a gross aggregate area of 1 acre or
more.
(E) When
applicable, the provisions of this section shall be reviewed by the City
Engineer to assure compliance.
40-6-11 MOBILE HOMES.
Mobile homes on private lots shall comply with all of the following
supplementary regulations and the provisions of Chapter 23 of the City Code:
(A) No
mobile home shall be placed on any private lot unless the minimum lot size and
setback requirements of the district in which such lot is located are met.
(B) Not
more than one immobilized mobile home shall be placed on any private lot or be
placed on any private lot whereon another principal building exists.
(C) A
mobile home shall be underpinned.
1031
40-6-12 RECREATIONAL VEHICLES. The regulations of this section do not apply to travel
trailers or other recreational vehicles parked in a permitted travel trailer
park that conforms to the pertinent requirements of the Mobile Housing
Code. The requirements of paragraph (A),
(C) and (D) do not apply to travel trailers or other recreational vehicles
parked on a permitted recreational vehicles sales lot.
(A) Not
more than one (1) travel trailer or other recreational vehicle shall be parked
on any lot.
(B) No
travel trailer or other recreational vehicle shall be used as a dwelling for a
period of time exceeding 90 days.
(C) No
travel trailer or other recreational vehicle shall be used as an office or for
any other commercial purpose.
(D) No
travel trailer or other recreational vehicle shall be parked on any front yard
except on a driveway.
40-6-13 SANITARY LANDFILLS.
Any person who intends to establish or conduct a sanitary landfill within
the zoning jurisdiction of this municipality shall obtain a permit from the
Illinois Environmental Protection Agency indicating that the sanitary landfill
fully complies with the “Solid Wastes Rules and Regulations” promulgated by the
IEPA pursuant to the authority granted by state law. (
40-6-14 SERVICE STATIONS.
(A) All
gasoline pumps and other service facilities shall be located at least 25 feet
from any street right-of-way line, side lot line, or near lot line.
(B) Every
access way shall be located at least 200 feet from the principal building of
any fire station, school, public library, church, park or playground, and at
least 30 feet from any intersection of public streets.
(C) Every
device for dispensing or selling milk, ice, soft drinks, snacks, and similar
products shall be located within or adjacent to the principal building.
(D) All
trash receptacles, except minor receptacles adjacent to the gasoline pumps,
shall be screened from view.
(E) Whenever
the use of a service station has been discontinued for 12 consecutive months or
for 18 months during any 3 year period, the Administrator shall order that all
underground storage tanks be removed or filled with materials approved by the
Fire Chief.
40-6-15 STABLES.
(A) In
any zoning district where the keeping of horses is permitted (for example, as
an accessory use in the Agricultural District), at least 5 acres shall be
allocated for the first horse kept, and 2 or more acres shall be allocated for
each additional horse kept.
(B) Any
stable or other structure housing horses shall be located at least 200 feet
from the nearest existing dwelling, and at least 100 feet from any lot line.
1032
ARTICLE VII
OFF-STREET PARKING AND LOADING
40-7-1 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.
40-7-2 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 (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, parking/loading facilities equivalent to any maintained at the time
of such damage or destruction shall be restored, but additional parking/loading
facilities need not be provided.
(C) Whenever
the use of any structure or premises is intensified through addition of
dwelling units, increased floor area, greater seating capacity, etc.,
additional parking and loading facilities commensurate with such increases 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.
40-7-3 PARKING AREA DESIGN STANDARDS. All areas providing off-street parking shall
conform to the standards indicated in the subsections which follow:
NOTE: Standards
applicable to all parking areas are indicated by one asterisk (*); standards applicable to all parking
areas except those accessory to single-or- two-family dwellings are indicated by two
asterisks (**).
40-7-4 SPACES.
(A) Each
required parking space shall be at least 10 feet wide and 20 feet
long, and shall have at least 7 feet of vertical clearance. Every space shall be situated so that no park
of any parked vehicle overhangs the public right-of-way. *
(B) Markings
shall be laid and restored as often as necessary to clearly delineate each
parking space. **
40-7-5 INTERIOR AISLES.
Aisles within parking lots 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 22 feet wide.
One-way aisles designed for 60 degree parking shall be at least 18
feet wide and for 45 degree parking, shall be at least 14 feet
wide. **
1033
(A) Parking
areas shall be designed so that ingress to or egress from a parking space is
from an aisle or driveway, not directly from the public right of way. *
(B) No
access way to any parking area shall be located within 25 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 hazards. *
(C) Parking
area access ways (including residential driveways) and public streets shall be
aligned to form, as closely as feasible, right angles. *
(D) The
access way to every parking lot located in any commercial District or in the
Industrial District shall be at least 24 feet wide unless two one-way
drives, each 12 feet wide, are provided.
*
(E) The
access way to every parking area located in any Residential District shall be
at least 10 feet wide; but if the parking area contains more than 8
parking spaces, or if the access way is longer than 100 feet, access
shall be provided either by one two-way drive at least 20 feet wide or
by two one-way drives, each 10 feet wide. *
40-7-7 PARKING LOT SURFACING. Parking lots shall be graded and improved in
accordance with the requirements of Section 34-3-6(D) governing “collector” or
“local” street construction mandates.
40-7-8 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. *
40-7-9 LANDSCAPING.
In order to reduce heat and glare, to minimize blowing of dust and
trash, and to reduce the oppressive visual effects of large open parking areas,
landscaping shall be provided and maintained within every parking lot that
contains 20 or more parking spaces.
A minimum of 5% of the total parking lot area shall be set aside
for said landscaping. **
(A) A
landscaping plan (either a separate document or an element of a more inclusive
development plan) shall accompany every application for an initial Certificate
of Zoning Compliance to develop any parking lot that will contain 20 or
more spaces.
(B) The
landscaping plan shall include the following information:
(1) Proposed type, amount, size, and spacing
of plantings, including trees, shrubbery, and ground cover;
(2) Proposed size, construction material,
and drainage of landscaped islands or planting beds; and
1034
(3) Sketch indicating proposed spatial
relationships of landscaped areas, parking spaces, automobile circulation, and
pedestrian movement.
40-7-10 PARKING LOTS AND DRIVEWAYS ABUTTING RESIDENCE DISTRICT. Whenever a parking lot or a driveway to a
parking lot is hereafter established in other than a Residence District, a
solid masonry wall, shrubbery planting, or a substantial slightly fence not
less than 5 feet high and not more than 7 feet high shall be
constructed and maintained along said side or rear lot line up to, but not
beyond the set back building line. In
addition, in all use districts, the lighting, including any permitted
illuminated sign on any parking lot or driveway shall be arranged so that there
will be no annoying glare directed or reflected toward residence buildings or
residence district.
40-7-11 LOCATION OF PARKING. All off-street parking shall be located in
conformity with the requirements in the following sections.
40-7-12 AGRICULTURAL AND RESIDENTIAL DISTRICTS.
(A) Parking
spaces accessory to dwellings located in the Agricultural District or 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 and/or exit the parking area.
(B) All
parking spaces accessory to permitted non-dwelling uses located in the
Agricultural District or in any Residential District generally shall be located
on the same lot as the use served. However, the Administrator may allow such
parking facilities to be located on another parcel within 200 feet of the use
served if the “same lot” requirement is not feasible.
(C) No
commercial vehicle exceeding one ton cargo capacity shall be parked anywhere in
the Agricultural District or in any Residential District except for normal
loading, unloading, and service calls, nor shall any vehicle repair work be
conducted on any non-residential parking lot located in said districts.
40-7-13 COMMERCIAL AND INDUSTRIAL DISTRICTS.
(A) Parking
spaces accessory to any dwelling located in any Commercial District shall
either be located on the same lot as the dwelling or on another parcel within
200 feet of the residential premises.
Parking lots accessory to any commercial or industrial use located in
any Commercial District or in the Industrial District shall be located within
500 feet of the use served; provided that no portion of any such parking lot
shall extend into any Residential District.
1035
(B) In
any Commercial District or in the Industrial District, off-street parking
facilities for different buildings or uses may be provided collectively; but
only 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 uses served are observed.
(C) Commercial
uses in the Central Business District shall be exempt from the parking
requirements of this Code if they are located within 500 feet of a
municipal parking lot.
40-7-14 DESIGN AND LOCATION OF OFF-STREET LOADING FACILITIES.
All off-street loading facilities shall conform to the minimum standards
indicated below:
(A) Size
of Space. Every required off-street
loading space shall be at least 12 feet wide and 45 feet long
exclusive of aisle and maneuver space, and shall have vertical clearance of at
least 14 feet. In no case shall a
vehicle being loaded or unloaded overhang into the public right-of-way.
(B)
(C) Surfacing. Every off-street loading area shall be
improved with a compacted stone base at least 7 inches thick, surfaced
with at least 2 inches of asphaltic concrete.
(D) Buffer
Strips. No loading space or area for
vehicles over two ton cargo capacity shall be developed closer than 25
feet to the lot line of any lot located in any Residential District unless such
space/area is completely enclosed by walls, a solid fence, or closely planted
shrubbery at least 10 feet in height and of sufficient density to block
the view from the residential property.
(E) Location. Every off-street loading space that is
required or provided shall be located on the same parcel of land as the use
served, and not closer than 50 feet to the intersection of the
rights-of-way of two or more streets and not on required front yards.
40-7-15 COMPUTATION OF REQUIRED PARKING/LOADING SPACES. In computing the number of parking spaces
required by this Code, the Zoning Administrator shall apply the following
rules:
(A) In
computing parking space requirements based on the number of employees, the
maximum number of employees on the premises at any period of the day shall be
used. “Employee parking” means one
parking space shall be required per one employee, unless otherwise stated.
(B) In
computing parking or loading space requirements on the basis of building floor
area, the gross floor area shall be used.
(C) Whenever
it is necessary to translate gross parking lot area into number of parking
spaces, 375 square feet of gross area shall be deemed one parking space.
1036
(D) If
computation of the number of parking or loading spaces required by this Code
results in a fractional space, any fraction of one-half or more shall be
counted as one space.
(E) No
space or portion thereof needed to satisfy the minimum applicable requirement
for number of off-street parking or loading spaces shall be counted as part of
the off-street parking or loading spaces required for another structure or use.
40-7-16 NUMBER OF PARKING AND LOADING SPACES REQUIRED. Off-street parking and loading spaces shall
be provided as indicated in tabular form below.
For any use that is not listed in the table, the same amount of parking
and loading space shall be provided as is required for the most similar listed
use. The Zoning Administrator shall make
the determination of similarity.
PARKING
SPACES LOADING
SPACES
USE REQUIRED REQUIRED
(IF ANY)
(A) Dwellings, Lodgings:
Hotels, motels, board- 1 space per lodging 1 space if the
use has
ing
houses, lodges unit,
plus employee 20,000
sq. ft. or more
parking of floor
area
Mobile Homes 2 spaces per mobile Not applicable
home
Multiple-Family
Dwellings Not
applicable
1 bedroom or less 1.5
spaces per dwell-
ing unit
2 or more bedrooms 2 spaces
per dwelling
unit
Single-Family and 2 spaces per dwellings Not applicable
Two-Family Dwellings unit
(B) Educational, Institutional,
Recreational:
Churches, auditoriums 1 space per 4 seats in Not applicable
the
largest seating
area
Hospitals 1 space per 2 beds, To 50,000 sq. ft.
of
plus
employee parking floor
area….1 space;
50,001-100,000
sq. ft….
2
spaces; 100,001-
200,000
sq. ft….3 spaces
1037
PARKING
SPACES LOADING
SPACES
USE REQUIRED REQUIRED
(IF ANY)
(B) Educational, Institutional,
Recreational (Continued):
Libraries, museums 1 space per 500 sq. ft. On review by the
of
floor area Administrator
Nursing homes 1 space per 4 beds To
50,000 sq. ft. of
floor
area….1 space;
50,001-100,000
sq. ft….
2
spaces; 100,001-
200.000
sq. ft….3 spaces
Schools On
review by the
Administrator
Elementary and 1 space for every 20
Junior High students that the building
is
designed to accommodate,
plus
employee parking
Senior High 1 space for every 4
students
over 16 yrs.
old
that the building
is
designed to accom-
modate, plus employee
parking
Trade schools 1 space for every 3
students
that the building
is
designed to accommodate,
plus
employee parking
(C) Commercial, Office, Service:
NOTE: All commercial 1 space per 300 sq. ft. To
10,000 sq. ft.
and service uses of floor area of
floor area….1
unless specifically space;
more than
indicated otherwise 10,000
sq. ft….1
below space
plus 1 additional
space
per 50,000 sq. ft.
of
floor area in excess of
10,000 sq. ft.
1038
PARKING
SPACES LOADING
SPACES
USE REQUIRED REQUIRED
(IF ANY)
(C) Commercial, Office, Service
(Continued):
Banks, savings and (Both
walk-in and drive-
loans in)
To 30,000 sq. ft. of
floor
area….none requir-
Walk-in 1 space per 300 sq. ft. ed; 30,000-100,000 sq.
of
floor area, plus ft….1
space; more than
employee
parking 100,000
sq. ft….1 space,
plus
1 additional space
Drive-in 5 spaces per teller
window per 100,000 sq.
ft. of
floor
area in excess of
100,000
sq. ft.
Beauty and barber 2 spaces per chair, plus Not applicable
shops employee parking
Bowling alleys 4 spaces per bowling Not applicable,
except
lane,
plus additional as
required for affiliated
spaces
as required herein uses
for
affiliated uses such
as
restaurants and taverns
Car wash 5 spaces per wash lane Not applicable
Furniture and ap- 1 space per 600 sq. ft. To 25,000 sq. ft. of
floor
pliance
store of floor
area area….2
spaces; more
than
25, 000 sq. ft. of
floor
area…. 2 spaces
plus
1 additional space
per
25,000 sq. ft. of floor
area
in excess of 25,000
sq.
ft.
Home occupations 1 space per 150 sq. ft. Not applicable
of
floor area devoted to
the
home occupation in
addition
to the parking
requirements
for the
dwelling
1039
PARKING
SPACES LOADING
SPACES
USE REQUIRED REQUIRED
(IF ANY)
(C) Commercial, Office, Service
(Continued):
Theaters Not
applicable
Indoor 1 space per 4 seats in
the
largest seating area
Drive-in On review by the
Administrator
Vehicle Sales (autos, 1 space per 600 sq. ft. To 25,000 sq. ft. of
boats, trailers, etc.) of enclosed floor area, floor area and open
plus: Up to 10,000 sq. lot area….2 spaces;
ft.
of open lot area more
than 25,000 sq.
devoted
to sale/display ft. of floor
area and
of
vehicles….1 space open
lot area….2 spaces
per
2,500 sq. ft. of open plus
1 additional space
lot
area above 10,000 per
25,000 sq. ft. in
sq.
ft….4 spaces plus 1 excess
of 25,000 sq. ft.
additional
space per
5,000
sq. ft. of open lot
area
in excess of 10,000
sq.
ft.
(D) Industrial:
Any manufacturing, Employee parking (1.5 To 20,000 sq. ft. of floor
warehousing, or spaces per employee), area….1 space; 20,001-
other industrial use plus 1 space per company 50,000 sq. ft….2 spaces;
vehicle,
plus 1 visitor 50,001-90,000
sq. ft….3
space
per 25 employees spaces;
above 90,000 sq.
on
the major shift ft….3
spaces, plus 1
additional
space per 50,000
sq. ft. of floor area
in excess of 90,000 sq.
ft.
1040
ARTICLE VIII – NOT-CONFORMITIES
40-8-1 PURPOSE OF ARTICLE. The requirements imposed by this Chapter 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 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, non-conformities are frequently
responsible for heavy traffic on residential streets, the overtaxing of parking
facilities, the emission of noxious fumes or excessive noise, and/or the
lowering of property values. The
regulations of this Article are intended to alleviate such existing and/or
potential problems by encouraging the gradual elimination of non-conformities.
40-8-2 NON-CONFORMING LOTS. Any vacant lot that does not conform to one
or more of the lot size (area, dimensions) requirements of the district in
which it is located may be used in the manner indicated in paragraphs (A) and
(B) if such vacant lot: (1) is of record
on the date of the adoption or amendment of this Code; (2) 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 any
applicable zoning or other ordinance; and (3) is at least 30 feet wide.
(A) Agricultural
and Residential Districts. In the
Agricultural District and in any Residential District, one single-family
dwelling and related accessory structures, but no other use may be erected on
any vacant, non-conforming lot of the type described above, provided all the
bulk regulations of the particular district are observed.
(B) Commercial
and Industrial Districts. In the
Industrial District and in any Commercial District, any structure permitted in the
particular district may be erected on any vacant, non-conforming lot of the
type described above if the bulk requirements of that district are met.
(C) 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 effective date of this
Code, and if one or more of those lots does not meet the minimum lot width,
depth and area requirements of the district in which it is located, the land involved
shall be considered an undivided parcel.
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.
40-8-3 NON-CONFORMING STRUCTURES. Any lawful structure which exists on the
effective date of this Code, but which could not be erected under the terms of
this Code because of restrictions on lot size, height, setbacks, or other
characteristics of the structure or its location on the lot may lawfully
remain, subject to the following provisions.
1041
(A) Enlargement
– Alterations. No such structure
shall be enlarged or altered in any way which increases its non-conformity.
(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 Administrator determines
that the cost of such reconstruction exceeds 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 Administrator
determines the estimated cost of reconstruction is less than 50% of the
structure’s market value at the time of the loss, repairs or reconstruction
shall be permitted, provided such work starts within 6 months from the
date the damage occurred and is diligently prosecuted to completion.
The Administrator may require that
the reconstruction cost estimate be made by a bona fide construction
contractor, and that the structure’s market value at the time of loss be
determined by a licensed real estate appraiser.
The owner of the damaged structure shall be responsible for obtaining
these estimates for the Administrator.
40-8-4 NON-CONFORMING USES OCCUPYING A STRUCTURE. If any lawful use occupying a structure
exists on the effective date of this Code, but would not be allowed under the
terms of this Code, such use may lawfully continue, subject to the following
provisions:
(A) Maintenance. Any structure housing a non-conforming use
may be maintained through ordinary repairs.
(B) Enlargement,
Alteration, Reconstruction, Relocation.
No structure housing a non-conforming 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 non-conforming use may be
extended to any part(s) of the structure not intended or designed for such use,
nor shall the non-conforming use be extended to occupy any land outside such
structure.
(D) Change
of Use. A non-conforming use
occupying a structure shall not be changed except to a use permitted under the
applicable district regulations.
(E) Discontinuance
of Use. When a non-conforming use of
a structure or of a structure and premises in combination is discontinued for 12
consecutive months or for 18 months during any 3 year period, the
non-conforming use shall not thereafter be resumed. Any discontinuance caused by government
action and without any contributing fault by the non-conforming user shall not
be counted in calculating the length of discontinuance.
1042
40-8-5 NON-CONFORMING USES OF LAND. Any lawful use of land existing on the
effective date 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
non-conforming use of land shall not be intensified, or extended to occupy a
greater area of land than was occupied by such use on the effective date of
this Code.
(B) Relocation. No non-conforming use of land shall be moved,
in whole or in part, unless such use, upon relocation, will conform to all
pertinent regulations of the district in which it is proposed to be located.
(C) Change
of Use. A non-conforming use of land
shall not be changed except to a use that is permitted under the applicable
district regulations.
(D) Discontinuance. When a non-conforming use of land is
discontinued for a period of 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.
40-8-6 NON-CONFORMITIES 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 a
structure or of land for which a permit was issued prior to the effective date
of this Code or any pertinent amendment thereto, provided that the work
authorized by such permit is completed within a reasonable time.
ARTICLE IX
ADMINISTRATION AND ENFORCEMENT
40-9-1 ZONING ADMINISTRATOR. Except as otherwise provided in this Code,
the Zoning Administrator is hereby given the duty, power and authority to
enforce the provisions of this code. The
Mayor, with the consent of the council, shall appoint the Zoning Administrator
and any other employees as they deem necessary to assist in the enforcement of
this Code.
1043
40-9-2 DUTIES.
The Zoning Administrator is hereby authorized and directed to administer
and enforce the provisions of this Code.
The broad responsibility encompasses, but is not limited to the
following specific duties:
(A) To
review and pass upon applications for initial and final Certificates of Zoning
Compliance.
(B) To
inspect land, structures, and uses to determine compliance with this Code and
where there are violations, to initiate appropriate corrective action.
(C) To
review and forward to the Zoning Board of Appeals all applications for
variances, appeals, and amendments.
(D) To
review and forward to the Zoning Board of Appeals all applications for
special-use permits.
(E) To
maintain up-to-date records of this Code, including, but not limited to
district maps, Certificates of Zoning Compliance, special-use permits,
temporary-use permits, variances, interpretative decisions of the Board of
Appeals, amendments, and all applications related to any of these matters.
(F) To
periodically review the provisions of this Code to determine whether revisions
are needed, and to make recommendations on these matters to the Zoning Board of
Appeals.
(G) To
provide for the annual publication of the Zoning District Map as required in
this Chapter.
(H) To
provide information to the general public on matters related to this Code.
(I) To
perform such other duties as the Council may, from time to time, prescribe.
40-9-3 INITIAL CERTIFICATES OF ZONING COMPLIANCE. Upon the effective date of this Code, no lot
shall be created, 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 an initial Certificate of
Zoning Compliance has been issued. The
Administrator shall not issue an initial Certificate of Zoning Compliance unless,
following consultation with technically qualified persons as necessary, he
determines that the proposed work conforms to the applicable provisions of this
Code.
40-9-4 APPLICATION.
Every applicant for an initial Certificate of Zoning Compliance shall
submit to the Administrator, in graphic and/or narrative form, all the items of
information listed below that are applicable to the particular project. The Administrator shall decide which items
are applicable. (See Filing Fees)
(A) Name
and address of applicant;
(B) Name
and address of the owner or operator of the proposed structure or use, if
different from (A);
(C) Nature
of the proposed use, including type of activity, manner of operation, number of
occupants or employees, and similar matters;
(D) Location
of the proposed use or structure, and its relationship to existing adjacent
uses or structures;
1044
(E) Area
and dimensions of the site for the proposed structure or use;
(F) Existing
topography of the site (USGS 10-foot contour data is acceptable), and proposed
finished grade;
(G) Existing
and proposed screening, landscaping, and erosion control features on the site,
including the park area;
(H) Height
and setbacks of the proposed structure;
(I) Number
and size of proposed dwelling units, if any;
(J) Location
and number of proposed parking/loading spaces and access ways;
(K) Identification
and location of all existing or proposed utilities, whether public or private;
and/or
(L) Any
other pertinent information that the Administrator may require.
40-9-5 DURATION OF CERTIFICATE. Initial Certificates of Zoning Compliance
shall be valid for 1 year, or until revoked for failure to abide by a
corrective action order. The
Administrator may renew initial Certificates of Zoning Compliance for
successive one year periods upon written request, provided the applicant is
making a good faith effort to complete the authorized work.
40-9-6 RELATIONSHIP TO BUILDING PERMITS. Upon the effective date of this Code, the
City shall not issue any building permit for the erection, enlargement,
extension, alteration, or reconstruction of any structure unless the applicant
for such permit presents to the City a copy of the initial Certificate of
Zoning Compliance pertaining to such work.
40-9-7 FINAL CERTIFICATES OF ZONING COMPLIANCE. No lot or part thereof recorded or developed
after the effective date of this Code, and no structure or use, or part thereof
that has been erected, enlarged, altered, relocated, or reconstructed after the
effective date of this Code shall be used, occupied, or put into operation
until a final Certificate of Zoning Compliance has been issued. The Administrator shall not issue a final
Certificate of Zoning Compliance until he has determined, by inspection that
the work authorized by the initial Certificate of Zoning Compliance has been
completed in accordance with approved plans.
Failure to obtain a final Certificate of Zoning Compliance shall
constitute a separate violation of this Code.
40-9-8 CORRECTIVE ACTION ORDERS. Whenever the Zoning Administrator finds, by
inspection or otherwise, that any lot, structure, or use, or work thereon is in
violation of this Code, he shall so notify the responsible party, and shall
order appropriate corrective action.
1045
40-9-9 CONTENTS OF ORDER. The order to take corrective action shall be
in writing and shall include:
(A) A
description of the premises sufficient for identification;
(B) A
statement indicating the nature of the violation;
(C) A
statement of the remedial action necessary to effect compliance;
(D) The
date by which the violation must be corrected;
(E) A
statement that the alleged violator is entitled to a conference with the
Administrator if he so desires;
(F) The
date by which an appeal of the corrective action order must be filed, and a
statement of the procedure for so filing; and
(G) A
statement that failure to obey a corrective action order shall result in
revocation of the Certificate of Zoning Compliance and may result in the
imposition of fines.
40-9-10 SERVICE OF ORDER.
A corrective action order shall be deemed properly served upon the
owner, occupant, or operator of the offending lot, structure, or use if it is:
(A) Served
upon him personally;
(B) Sent
by registered mail to his last known address; or
(C) Posted
in a conspicuous place on or about the affected premises.
40-9-11 STOP ORDERS.
Whenever any work is being done in violation of an initial Certificate
of Zoning Compliance, the Administrator’s corrective action order may state
that the violation must cease immediately.
(See 40-9-9(D))
In such case, the corrective action
order is equivalent to a stop order.
40-9-12 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.
40-9-13 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 action.
40-9-14 PENALTIES.
(A) Any
person who is convicted of a violation of this Code shall be fined not less
than $25.00 nor more than $500.00, plus costs. Each day that a violation continues shall be
a separate offense.
(B) 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.
1046
40-9-15 SCHEDULE OF FEES.
The City Council, by resolution, shall establish fees relating to the
administration of this Code. Said fees
are to be posted in the City Hall by the City Clerk.
ARTICLE X – BOARD OF APPEALS
40-10-1 BOARD OF APPEALS ESTABLISHED. The Zoning Board of Appeals of this municipality
is established in
accordance with
11-13-3)
40-10-2 MEMBERSHIP, APPOINTMENT, COMPENSATION. The Board of Zoning Appeals shall consist of 7
members, all of whom shall reside within this municipality. Each Board member shall be appointed by the
Mayor with the advice and consent of the City Council. One (1) of the members so appointed shall be
named as chairman at the time of his appointment. Each Board member shall serve without
compensation.
40-10-3 TERM OF OFFICE – VACANCIES. Every member of the Board of Zoning Appeals
which was established pursuant to this Code, shall be entitled to serve on the
Board of Zoning Appeals established by this article until the date his term of
office would have expired if said Zoning Code had remained in effect. Any person appointed to the Board of Zoning
Appeals on or after the effective date of this Code shall hold office for 5
years from the date of his appointment, and until his successor has been
selected and qualified.
With the advice and consent of the
City Council, the Mayor may remove any member of the Board of Zoning Appeals
for cause, after a public hearing.
Vacancies on the Board of Zoning Appeals 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.
40-10-4 MEETINGS – QUORUM.
All meetings of the Board of Appeals shall be held at the call of the
Chairman and at such times as the Board may determine. All Board meetings shall be open to the
public. The Board may adopt their own
rules of meeting procedures consistent with this Code and 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 members of the Board shall constitute a quorum, and the affirmative
vote of at least 4 members shall be necessary to authorize any Board Action.
1047
40-10-5 RECORDS. The
Board shall keep minutes of its proceedings and examinations. These minutes shall indicate the absence of
any member, the vote of 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.
40-10-6 APPEALS. Any
person aggrieved by any decision or order of the Zoning Administration in any
matter related to the interpretation or enforcement of any provision of this
Code may appeal to the Zoning Board of Appeals.
Every such appeal shall be made and treated in accordance with
40-10-7 FILING – RECORD TRANSMITTAL. Every appeal shall be made within 45
days of the matter complained of by filing with the Administrator and the Board
of Zoning Appeals a written notice specifying the grounds for appeal.
(Every appeal shall also be filed
with the Soil and Water Conservation District as per State law (Ill. Rev.
Stats., Ch. 5, Sec. 127.2a)). Not
more than 5 working days after the notice of appeal has been filed, the
Administrator shall transmit to the Board of Appeals all records pertinent to
the case. (Note: Filing fee required)
40-10-8 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.
40-10-9 PUBLIC HEARING – NOTICE. The Board of Appeals shall hold a public
hearing on every appeal within a reasonable time after the filing of the appeal
notice. At the hearing, any interested
party may appear and testify, either in person or by a duly authorized agent or
attorney. Notice indicating the time,
date, and place of the hearing, and briefly describing the issue to be decided
shall be given not more than 30 days nor less than 15 days before
the hearing:
(A) By
first-class mail to all parties whose property abuts the property affected by
the appeal; and
(B) By
publication in a newspaper published within this municipality.
40-10-10 ADVISORY REPORT, FINDINGS OF FACT. Within a reasonable time after the public
hearing, the Zoning Board of Appeals shall submit their advisory report to the
Council. The report shall state the
Board of Appeals’ recommendations regarding the appeal.
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40-10-11 ACTION BY COUNCIL.
The Council shall act on every appeal at their next regularly scheduled meeting
following submission of the Board of Appeals advisory report. Without further public hearing, the Council
may approve or deny the appeal by simple majority vote of all the members then
holding office.
ARTICLE XI – SPECIAL-USE PERMITS
40-11-1 ESTABLISHED.
This Code divides the City into various districts, and permits in each
district, as a matter of right, 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 uses, 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 Council.
40-11-2 APPLICATION.
Every applicant for a special-use permit shall submit to the
Administrator, in narrative and/or graphic form, the items of information
enumerated below. The Administrator shall
prepare an advisory report on every request for a special-use permit. He shall promptly transmit the completed
application and his advisory report to the Zoning Board of Appeals.
(A) Name
and address of applicant;
(B) Name
and address of the owner or operator of the proposed structure or use, if
different from (A) above;
(C) Nature
of the proposed use, including type of activity, manner of operation, number of
occupants or employees, and similar matters;
(D) Location
of the proposed use or structure, and its relationship to existing adjacent
uses or structures;
(E) Area
and dimensions of the site for the proposed structure of uses;
(F) Existing
topography of the site (USGS 10-foot contour data is acceptable), and proposed
finished grade;
(G) Existing
and proposed screening, landscaping, and erosion control features on the site,
including the parking area;
(H) Height
and setbacks of the proposed structure;
(I) Number
and size of proposed dwelling units, if any;
(J) Location
and number of proposed parking/loading spaces and access ways;
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(K) Identification
and location of all existing or proposed utilities, whether public or private;
and/or
(L) Any
other pertinent information that the Administrator may require.
40-11-3 PUBLIC HEARING - NOTICE. The Zoning Board of Appeals shall hold a
public hearing on every special use permit application within a reasonable time
after said application is submitted to them.
At the hearing, any interested party may appear and testify, either in
person or by duly authorized agent or attorney.
Notice indicating the time, date, and place of the hearing, and the
nature of the proposed special use shall be given not more than 30 days
nor less than 15 days before the hearing:
(A) By
registered mail to the applicant and to all parties whose property abuts the
proposed special use; and
(B) By
publication in a newspaper published within this municipality.
40-11-4 PROCEDURE OF SOIL AND WATER CONSERVATION DISTRICT. The Soil and Water Conservation District
shall issue a written opinion concerning the proposed special-use permit within
30 days from the time of receipt to the Board of Appeals. If no opinion is received within 30
days, the special-use permit shall be considered recommended by the Soil and
Water Conservation District.
40-11-5 ADVISORY REPORT – FACTORS CONSIDERED. Within a reasonable time after the public
hearing, the Zoning Board of Appeals shall submit their advisory report to the
Council. In deciding what their advice
should be, the Zoning Board of Appeals shall consider the following factors:
(A) Whether
the proposed design, location, and manner of operation of the proposed special
use will adequately protect the public health, safety, and welfare and the
physical environment;
(B) Whether
the proposed special use is consistent with this municipality’s comprehensive
plan;
(C) The
effect the proposed special use would have on the value of neighboring property
and on this municipality’s overall tax base;
(D) The
effect the proposed special use would have on public utilities and on traffic
circulation on nearby streets; and
(E) Whether
there are any facilities near the proposed special use (such as schools or
hospitals) that require special protection.
40-11-6 CONDITIONS.
The Zoning Board may recommend and the City Council may impose such
conditions or restrictions upon the location, construction, design, and
operation of a special use, including, but not limited to provisions for
off-street parking spaces and the duration of such permit, as they shall
respectively find necessary or appropriate to secure compliance with the
standards set forth in Section 40-11-2.
A “special-use” permit shall cease whenever the applicant terminates the
special-use.
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40-11-7 ACTION BY COUNCIL.
The Council shall act on every request for a special-use permit at their
next regularly scheduled meeting following submission of the Zoning Board of
Appeals advisory report. Without further
public hearing, the Council may approve or disapprove a special-use permit by
an ordinance passed by simple majority vote of all members then holding
office. In a separate statement
accompanying any such ordinance, the Council shall state their findings of
fact, and indicate their reasons for approving (with or without conditions) or
denying the request for a special-use permit.
ARTICLE XII – VARIANCES
40-12-1 AREA-BULK AND USE-VARIANCES. A variance is a relaxation of the
requirements of this Code that are applicable to a particular lot, structure or
use. A so-called “use-variance”,
which would allow a use that is neither permitted nor special in the district
in question, is not a variance; it is an amendment, and may be
granted only as provided for in Section 40-13-1.
40-12-2 APPLICATION.
Every application for a variance shall be filed with the Administrator
on a prescribed form. The Administrator
shall promptly transmit said application, together with any advice he might
wish to offer, to the Board of Appeals.
The application shall contain sufficient information to allow the Board
to make an informed decision, and shall include, at a minimum, the following:
(A) Name
and address of the applicant;
(B) Brief
description of the variance requested;
(C) Location
of the structure/use for which the variance is sought;
(D) Relationship
of said structure/use to existing structures/uses on adjacent lots;
(E) Specific
section(s) of this Code containing the regulations which, if strictly applied,
would cause a serious problem; and
(F) Any
other pertinent information that the Administrator may require.
40-12-3 PUBLIC HEARING – NOTICE. The Board of Appeals shall hold a public
hearing on each variance request within a reasonable time after the variance
application is submitted to them. At the
hearing, any interested party may appear and testify, either in person or by
duly authorized agent or attorney.
Notice indicating the time, date, and place of the hearing and the
nature of the proposed variance shall be given not more than 30 days nor
less than 15 days before the hearing:
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(A) By
registered mail to the applicant and to all parties whose property abuts the
property on which the proposed variance is located; and
(B) By
publication in a newspaper published within this municipality.
40-12-4 ADVISORY REPORT – FINDINGS OF FACT. Within a reasonable time after the public
hearing, the Zoning Board of Appeals shall submit their advisory report to the
Council. The report shall state the
Board of Appeals’ recommendations regarding the proposed variance. The Board of Appeals shall not recommend any
variance unless, based upon the evidence presented to them, they determine
that:
(A) The
proposed variance is consistent with the general purposes of this Code (See
Section 40-1-1); and
(B) Strict
application of the district requirements would result in great practical
difficulties or hardship to the applicant, and prevent a reasonable return on
the property; and
(C) The
proposed variance is the minimum deviation from such requirements that will
alleviate the difficulties/hardship, and allow a reasonable return on the
property; and
(D) The
plight of the applicant is due to peculiar circumstances not of his own making;
and
(E) The
peculiar circumstances engendering the variance request are not applicable to
other property within the district, and therefore, that a variance would be a
more appropriate remedy than an amendment (rezoning); and
(F) The
variance, if granted, will not alter the essential character of the area where
the premises in question are located, nor materially frustrate implementation
of this municipality’s comprehensive plan.
40-12-5 ACTION BY COUNCIL.
The Council shall act on every proposed variance at their next regularly
scheduled meeting following submission of the Board of Appeals advisory
report. Without further public hearing,
the Council may approve or disapprove any proposed variance by simple majority
vote of all the members then holding office.
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ARTICLE XIII – AMENDMENTS
40-13-1 AMENDMENTS.
The City Council may amend this Code in accordance with State Law (Ill.
Rev. Stats., Ch. 24 Sec. 11-13-14) and the provisions of this section. Proposed alterations of district boundaries
or proposed changes in the status of uses (permitted, special, prohibited)
shall be deemed proposed amendments.
Amendments may be proposed by the Council, the Administrator, the Board
of Appeals, the Plan Commission, or any party in interest.
40-13-2 FILING.
Every proposal to amend this Code shall be filed with the Administrator
on a prescribed form. The Administrator
shall promptly transmit said proposal, together with any comments or
recommendation he may wish to make, to the Board of Appeals for a public
hearing.
40-13-3 PUBLIC HEARING – NOTICE. The Board of Appeals shall hold a public
hearing on every amendment proposal within a reasonable time after said
proposal has been submitted to them. At
the hearing, any interested party may appear and testify, either in person or
by duly authorized agent or attorney.
Notice indicating the time, date,
and place of the hearing, and the nature of the proposed amendment shall
be given not more than 30 days nor less than 15 days before the
hearing:
(A) By
publication in a newspaper published within this municipality; and
(B) When
the amendment involves a rezoning, not a text amendment, by registered mail to
all parties whose property abuts the property for which rezoning is requested.
40-13-4 ADVISORY REPORT – FINDINGS OF FACT. Within a reasonable time after the public
hearing, the Zoning Board of Appeals shall submit their advisory report to the
City Council. The report shall state the
recommendations regarding adoption of the proposed amendment, and their reasons
therefore. If the effect of the proposed
amendment would be to alter district boundaries or to change the status of any
use, the Board of Appeals shall include in their advisory report findings of fact
concerning each of the following matters:
(A) Existing
use(s) and zoning of the property in question;
(B) Existing
use(s) and zoning of other lots in the vicinity of the property in question;
(C) Suitability
of the property in question for uses already permitted under existing
regulations;
(D) Suitability
of the property in question for the proposed use;
(E) The
trend of development in the vicinity of the property in question, including
changes (if any) which may have occurred since the property was initially zoned
or last rezoned; and
(F) The
effect the proposed rezoning would have on implementation of this City’s
comprehensive plan.
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40-13-5 ACTION BY CITY COUNCIL. The Council shall act on every proposed amendment
at their next regularly scheduled meeting following submission of the Zoning
Board’s advisory report. Without further
public hearing, the City Council may pass any proposed amendment or may refer
it back to the Zoning Board for further consideration, by simple majority vote
of all the members then holding office.
(EXCEPTION: The favorable vote of at least 2/3 of all
the members of the City Council is required to pass an amendment to this Code
when the proposed amendment is opposed, in writing, by the owners of 20%
of the frontage immediately adjoining or across an alley therefrom,
or by the owners of 20% of the frontage directly opposite the frontage
proposed to be altered. (
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LAWRENCEVILLE
ZONING BOARD OF APPEALS
BY-LAWS
SECTION
I – GENERAL PROVISIONS
(1)
These rules are
supplementary to the provisions of the Zoning Code of the City as they relate
to procedures of the Zoning Board of Appeals.
(2)
Any member who
has any interest in a matter before the Zoning Board shall not vote thereon and
shall remove himself from any meeting or hearings at which said matter is under
consideration.
(3)
Nothing herein
shall be construed to give or grant to the Zoning Board the power or authority
to alter or change the Zoning Code, including the Zoning Map, which authority
is reserved to the City Council.
(4)
The City Attorney
shall be consulted in cases where the powers of the Zoning Board are not
clearly defined.
(5)
The office of the
Zoning Board shall be located at the City Hall.
SECTION
II – OFFICERS AND DUTIES
(1)
The officers
shall be a Chairman, an Acting Chairman, and a Secretary.
(2)
The City Council
shall designate the Chairman; the Zoning Board shall elect from amongst its
members the Acting Chairman when the Chairman is absent; and the Mayor shall
designate the Secretary. To assist the
Secretary, the City Council may employ a stenographer whose appointment and
salary shall be approved by the City Council.
The stenographer shall have no voting right.
(3)
The Chairman
shall supervise the affairs of the Zoning Board. He shall preside at all meetings of the
Board, shall appoint such committees as may be necessary to carry out the
purposes of the Zoning Board, and shall provide for the oath to be administer
to all witnesses in cases before the Zoning Board.
OATH
“I,
__________________________________, do hereby swear (or affirm) that the testimony I am about to give is the truth,
the whole truth, and nothing but the truth, so
help me God.”
(4)
The Acting
Chairman, in the absence or disability of the Chairman shall perform all the
duties and exercise all the powers of the Chairman.
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(5)
The Secretary or
a designated person shall maintain permanent minutes of the Zoning Board’s
proceedings, showing the vote of each member upon every question, or if absent
or failing to vote, indicating that fact; shall keep records of its
examinations and other official actions; shall keep an accurate and detailed
transcript of all hearing proceedings and testimony given; shall record the
names and addresses of all persons appearing before the Zoning Board; shall,
subject to the approval of the Zoning Board and Chairman, conduct the
correspondence of the Board and have published in a local newspaper public notices
of meetings or hearings as required by law and these rules of procedures; shall
file said minutes and records in the office of the Board, which minutes and
records shall be a public record; and shall be the custodian of the files of
this Board and keep all records. These
records shall be kept at the City Hall at all times.
SECTION
III – MEETINGS
(1)
Regular meetings
shall be held on the first Monday of each month at 7:00 P.M. in the City Hall
unless such day shall be a recognized holiday.
In that event, the regular meeting shall be held on the following Monday
of that month, or at such other time and place as the Chairman may designate.
(2)
Regular meetings
may be cancelled by the Chairman when there are no cases pending. Notification must be given to members,
however, not less than twenty-four (24) hours prior to the time set for such
meeting.
(3)
Special meetings
may be called by the Chairman at his discretion or upon the request of two (2)
or more members, provided that forty-eight (48) hours notice is given each
member. However, no formal action may be
taken at such meetings on items requiring public notice and advertising unless
the provisions and requirements of the Zoning Ordinance are met.
(4)
All meetings
shall be open to the public.
(5)
A quorum shall
consist of four (4) members for any regular or special meeting(s), and the
concurring vote of four (4) members is required for any decision,
determination, or official action by the Zoning Board.
(6)
No public
hearings may be held by less than a quorum of the Zoning Board being present.
(7)
Publication
deadline eighteen (18) days prior to end of month preceding first Monday of
next month.
SECTION
IV – ORDER OF BUSINESS
(1) All
meetings of the Zoning Board shall proceed as follows:
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(a)
Roll call and
declaration of quorum,.
(b)
(c)
Communications.
(d)
Announcement of
decisions from last meeting.
(e)
Reports of
committees.
(f)
Call of cases on
agenda and hearing of requests for continuance.
(g)
Oath of Office.
(h)
Hearing of cases
on agenda.
(i)
Unfinished
business.
(j)
New Business.
(k)
Adjournment.
(2) Continuances. Continuances may be granted at the discretion
of the Board in any case
for good cause shown or to any interested party who has enter his appearance and can show good cause.
Request for continuance
will be considered upon application therefore by the party or his representative at the
time the case is called, and upon showing:
(a) That he has given reasonable notice in
writing to all persons who have filed an
appearance in the matter, and
(b) That he will be unable to proceed with
his evidence at his hearing.
(3) Failure
of Applicant to Appear.
(a)
The Chairman may
entertain a motion from the Zoning Board to dismiss the case for want of
prosecution. In the absence of a motion
by the Board, the chair shall rule.
(b)
In cases which
are dismissed for want of prosecution, the applicant will be furnished written
notice by the Secretary of the Board.
(c)
The applicant
shall have seven (7) days from the date of notice of dismissal to apply for
reinstatement of the case. In such
cases, the applicant must file written request with the Secretary for
reinstatement. Reinstatement shall be at
the discretion of the Chairman and for good cause shown, and upon payment of
the fee for advertising public notice.
(d)
In all cases
reinstated in the above described manner, the cause shall be docketed and
re-advertised in the usual manner prescribed for new cases.
SECTION
V – PROCEDURES ON APPEALS
(1)
An appeal for an
interpretation from the Zoning Administrator’s decision may be taken by any
person aggrieved, officer, department, board, or bureau of the City affected by
the Zoning Administrator’s decision.
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(2)
An appeal shall be
considered only if the action taken by the Zoning Administrator was taken
within seven (7) days prior to the filing of the appeal application form with
the Zoning Administrator and the Board of Appeals. The applicant shall file a request for a
hearing or appeal on or before the fifteenth (15th) day of the month
preceding the regular Zoning Board meeting.
(3)
The Zoning
Administrator shall transmit to the Secretary of the Board all papers
constituting the records upon which the action appealed from was taken.
(4)
The applicant
shall provide all the information required on the appeal application form as
well as any additional information that may be required by the Zoning Board to
aid it in reaching a decision.
(5)
Upon receipt of
the properly filed appeal application form, the Secretary of the Zoning Board
shall assign a case number and place it on the calendar of the Board for
hearing within sixty (60) days; the sixty-day time limitation may be extended
by the Board because of extenuating circumstances such as scheduling the
appearance of expert witnesses.
Application for appeals shall be assigned for hearing in the order in
which they are received; unless circumstances dictate otherwise. Said application may be filed with an
accompanying application for a request for variation.
(6)
Filing of the
appeal application form with the Zoning Administrator and the Board shall stay
all proceedings in furtherance of the action appealed from, unless the Zoning
Administrator certifies to the Board that, by reason of the facts stated in the
appeal application, a stay would, in his opinion, cause imminent peril to life
or property. In this event, proceedings
cannot be stayed other than by a restraining order granted by the Board or by a
court of record on application, and on notice to the Zoning Administrator and
due cause shown.
SECTION
VI – PROCEDURES ON AREA-BULK AND USE-VARIANCES
(1)
A petition for an
area-bulk variance or a use-variance may be taken by any aggrieved person where
there may be practical difficulties or particular hardships under the strict
letter of the Zoning Code relating to the use, construction, or alteration of
buildings or structures or the use of land in accordance with the provisions of
Article XII, et seq., of the Zoning Code.
(2)
A petition for a
variation shall be considered only upon the filing of an application with the
Zoning Administrator and the Zoning Board.
(3)
The applicant
shall prove all the information required on the application form as well as any
additional information that may be required by the Zoning Board to aid it in
reaching a decision.
(4)
The applicant
shall pay a fee, which is specified in the Zoning Code, which amount shall be
deposited with the City for each petition for application filed.
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(5) Upon
receipt of the properly filed application for request for variation and proof
of receipt of fee, the Secretary
of the Board shall assign a case number and place it on the calendar of the Board for hearing within sixty (60)
days; the sixty-day time limit may be
extended by the Board because of extenuating circumstances such as scheduling of expert witnesses. Application for requests for variations shall
be assigned for hearing in the order in
which they are received, unless circumstances dictate
otherwise. Said application may be filed
accompanying a request for an appeal.
SECTION
VII – PROCEDURES ON SPECIAL-USE PERMITS
(1) A
petition for a Special Use Permit may be taken by any person, firm, corporation
or agency in accordance
with Article XI of the Zoning Code.
(2) A
petition shall be considered only upon the filing of an application with the
Zoning Administrator. The
applicant shall file a request for a hearing or appeal on or before the eighteenth (18th)
day of the month preceding the regular Zoning Board meeting.
(3) The
applicant shall provide all the information required on the petition as well as
any additional
information that may be required by the Board and/or Plan Commission to aid it in reaching a
decision.
(4) The
applicant shall pay a fee, which is specified in the Zoning Code which amount shall be deposited with the
City Clerk for each request for variation filed.
(5)
Upon receipt of
the properly filed application for request for Special Use Permit and proof of
receipt of fee, the Secretary of the Board shall assign a case number and place
it on the calendar of the Board for hearing within sixty (60) days; the
sixty-day time limit may be extended by the Board because of extenuating
circumstances such as scheduling of expert witnesses. Applications shall be assigned for hearing in
the order in which they are received; unless circumstances dictate
otherwise. Said application may be filed
accompanying a request for an appeal.
SECTION
VIII – NOTICE FOR HEARINGS
(1) The
Secretary of the Board shall give due notice of the place and time for hearing
of the appeal application, request for variation, or both, the parties
concerned either in person or by registered mail, return receipt requested, not
less than fifteen (15) days and not more than thirty (30) days prior to the
hearing. Such notice shall state the
name and address of the applicant, the name and address of the owner of the
property, the location of the property, and a brief statement of the nature of
the appeal, request for variation, or both.
Such notice shall be sent to the property owners, as recorded in the
office of the County Recorder of Deeds or as appears from the authentic tax
records of the County of all property adjacent to, or within two hundred fifty
feet (250’) in each direction of the location for which the appeal,
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variation, or both is
requested. The applicant shall furnish
the Board a complete list containing
the names and last known addresses of the owners of property required to be served at the time the application
is filed.
(2) The
Secretary of the Board, in the case of applications for a variation or for
applications for appeal accompanied by a request for variation, shall provide
for a public notice at least once in a newspaper published in the City not more
than thirty (30) days nor less than fifteen (15) days before the hearing. The notice shall state the place of the
hearing, the location of the property for which the request for variation is
requested, or for which the appeal accompanied by the request for variation is
requested, as well as the statement of the nature of the application. It shall contain a legal description of the
property affected and the common address or its location by distances from the
nearest major street or road intersection so that the property can be easily
identified.
SECTION
IX – PROCEDURES ON HEARINGS
(1) At
the time of the hearing, the applicant may appear in his own behalf or be
represent by counsel or agent.
(2) In
the event that objectors retain counsel to represent them at a hearing before
the Board, then such counsel shall notify the appellant or applicant, or his
agent or attorney that he has been so retained and will be present to object. Such notice shall be delivered to the
officers of the Board and to the appellant or applicant, or his agent or
attorney, at least fifteen (15) days prior to the scheduled hearing date. If such notice is not given by counsel
retained by the objectors, then the appellant or applicant, or his agent or
attorney shall have the option of continuing the hearing to the next regular
meeting of the Board.
(3) All
witnesses shall testify under oath.
(4) The
applicant or his representative may make a statement outlining the nature of his
request prior to introducing
evidence.
(6)
Evidence shall be
presented in the following order:
(a)
Chairman may give
restatement of case if applicant’s or his representative’s presentation needs
clarification.
(b)
Applicant
presents evidence.
(c)
Board and/or
objectors cross-examine applicant’s witnesses.
(d)
Objectors present
evidence.
(e)
Board and/or
applicant cross-examine objector’s evidence.
(f)
Rebuttal by
applicant.
(g)
Rebuttal by
objectors.
(h)
Evidence by
Board.
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(6) The
Board shall not be bound by the strict rules of evidence, but it may exclude
irrelevant, immaterial, incompetent or unduly repetitious testimony or other
evidence.
(7)
An applicant or
objector, or his agent or attorney may submit a list of the persons favoring or
opposing the application. Such list will
be accepted as an exhibit if it contains nothing more than a brief statement of
the position of the persons favoring or opposing the appeal or application,
together with the signature of the person(s) subscribing to such statement.
(8)
The Chairman shall
rule on all questions relating to the admissibility of evidence, which may be
overruled by a majority of the Board.
SECTION
X – DECISIONS
(1)
Final decisions
of recommendations shall be made within ten (10) days from the date of the
hearing.
(2)
The Board shall
conduct its vote in public session at the meeting in which evidence is
concluded, unless the Board considers additional time for deliberation
necessary.
(3)
A concurring vote
of four (4) members of the Board shall be necessary to reverse any order, requirement,
decision, or determination of the Zoning Administrator, or to recommend any
variation or modification in the Code to the City Council. All members shall vote unless excused for a
conflict of interest.
(4)
All decisions of
the Board shall be made at a public meeting by motion made, seconded, and the
Chairman polling the membership by a roll call vote. The motion which decides the issue shall
be in the form of findings of fact and shall state the reasons for the findings
by the Board. If conditions are
imposed in the recommendation of a variation, use-variance or special-use
permit to the City Council, such conditions shall be included in the motion.
(5)
The transcript of
the case shall be acknowledged as to accuracy by the Chairman and the Secretary
and shall be a part of the public record of the Board.
(6)
Notice of the
decision of the Board shall be given to the Applicant, City Council, the Zoning
Administrator, and other interested parties as soon as possible after the
decision is reached.
(7)
Unless otherwise
specified by the City Council, any order or decision of the Board recommending
the granting of a variance, use-variance or special-use permit shall expire if
the applicant fails to obtain a building and zoning occupancy permit within
ninety (90) days from the date of final decision of the City Council.
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SECTION
XI – RECORDS
(1)
A file of
materials and decisions relating to each case shall be kept by the Secretary as
part of the records of the Zoning Board.
(2)
All records of the
Zoning Board shall be a public record.
SECTION
XII – AMENDMENT OF RULES
(1)
These rules may
be amended by an affirmative majority vote of all members of the Zoning Board.
(2)
The proposed
amendment must be presented in writing at a regular or special meeting
preceding the meeting at which the vote is taken.
The
foregoing rules and regulations are hereby adopted by the Zoning Board of
Appeals of Lawrenceville,
______________________________________
(CHAIRMAN)
______________________________________
(SECRETARY)
-8-
CITY CLERK’S CERTIFICATE
STATE
OF
CITY
OF
I, Charles A. Fiscus ,
City Clerk of the City of Lawrenceville, Illinois, do hereby certify that the
following Zoning Ordinance of the City of Lawrenceville, Lawrence County,
Illinois, published in pamphlet form by authority of the City Council, was duly
passed by the City Council of the City of Lawrenceville, Illinois, approved by
the Mayor, and published in pamphlet form according to law on this date, and
that this Ordinance is a true and perfect copy of the Ordinance, as passed,
approved, and now a record and on file in my office as provided by law.
In witness whereof, I have set my
hand and affixed the corporate seal of the City of Lawrenceville, Lawrence
County, Illinois, this _______ day of ____________, 1984.
________________________________
CHARLES
A. FISCUS, CITY CLERK
(SEAL)
ARTICLE VI – FLOOD PLAIN REGULATIONS
6-6-1 PURPOSE.
This Article is enacted pursuant to the police powers granted to this
City by Illinois Revised Statutes, Chapter 24, Sections 1-2-1, 11-12-12,
11-30-2, 11-30-8, and 11-31-2 in order to accomplish the following purposes:
(A) To
prevent unwise developments from increasing the flood or drainage hazards to
others;
(B) To
protect new buildings and major improvements to buildings from flood damage;
(C) To
protect human life and health from the hazards of flooding;
(D) To
lessen the burden on the taxpayer for flood control projects, repairs to
flood-damaged public facilities and utilities, and flood rescue and relief
operations;
(E) To
maintain property values and a stable tax base by minimizing the potential for
creating flood blighted areas;
(F) To
make federally subsidized flood insurance available for property in the City;
and
(G) To
provide for the orderly growth and development of an environment that is
especially sensitive to changes from human activity. (#1087; 02-09-84)
6-6-2 PROVISIONS FOR ACCOMPLISHING THE PURPOSE. All new development proposals in the Special
Flood Hazard Areas shall be reviewed and approved by the City Building
Inspector. The City Building Inspector’s
review is to ensure the following:
(A) New
developments will not change the flow of flood or other surface drainage waters
so that other properties become more susceptible to damage;
(B) New
developments will not create special hazards or nuisances when flooded; and
(C) New
buildings and major improvements to existing buildings will not be subject to
damage by the base flood. (#1087;
02-09-84)
6-6-3 DEFINITIONS.
For the purpose of this Code, the following definitions are adopted:
“BASE FLOOD” means the flood
having a one percent probability of being equaled or exceeded in any given
year. The base flood is also known as
the “100 year flood.” The base flood
elevation at any location is defined in Section 6-6-4 of this Code.
“BUILDING” means a structure
that is principally aboveground and is enclosed by walls and a roof. The term includes a gas or liquid storage
tank in order that such tanks will be constructed to the same flood damage
protection standards. The term includes
a mobile home or prefabricated building which is affixed on a permanent site
and connected to the required utilities.
The term does not include recreational vehicles or travel trailers.
“DEVELOPMENT” means any
man-made change to real estate, including:
(A) Construction,
reconstruction, or placement of a building or any addition to a building valued
at more than $1,000.00;
(B) Installing
a mobile home on a site or preparing a site for a mobile home;
(C) Drilling,
mining, installing utilities or facilities, construction of roads, bridges or
similar projects valued at more than $1,000.00;
(D) Construction
or erection of levees, walls, or fences;
(E) Filling,
dredging, grading, excavating, or other non-agricultural alterations of the
ground surface;
(F) Storage
of materials; or
107
(G) Any
other activity that might change the direction, height, or velocity of flood or
surface waters.
“DEVELOPMENT” does not
include:
(A) Maintenance
of existing buildings and facilities such as a re-roofing or re-surfacing
roads;
(B) Gardening,
plowing, and similar agricultural practices that do not involve filling,
grading, or construction of levees.
“FLOOD” means a general and
temporary condition of inundation of normally dry land areas from the overflow,
the unusual and rapid accumulation, or the runoff of surface waters from any
source.
“FLOOD PROTECTION ELEVATION” OR
“FPE” means the elevation of the base flood plus one foot at any given
location in the SFHA.
“FLOODWAY” means that portion
of the SFHA required to store and convey the base flood. If not prohibited, building or placing
obstructions in a floodway will increase flood damages to other properties.
“SFHA” OR “SPECIAL FLOOD HAZARD
AREA” means those lands within the jurisdiction of the City that are
subject to inundation by the base flood.
The SFHAs of the City are generally identified
as such on the Flood Insurance Rate Map of the City prepared by the Federal
Emergency Management Agency and dated July 16, 1984. For the purpose of flood plain regulation
beyond the corporate limits, the Country Flood Insurance Rate Map is hereby
adopted to the degree the City has regulatory authority in these areas. (#1087; 02-09-84)
6-6-4 BASE FLOOD ELEVATION. This Code’s protection standard is the base
flood according to the best data available to the Illinois State Water Survey’s
Flood Plain Information Repository.
Whenever a party disagrees with the best available data, he may finance
the detailed engineering study needed to replace existing data with better data
and submit it to the State Water Survey.
(A) The
base flood elevation for the SFHAs of the
(B) The
base flood elevation for each of the SFHAs delineated
as an “A Zone” on the Flood Insurance Rate Map of the City and the County shall
be the 100 year flood depth calculated according to the formulas presented in Depth
and Frequency of Floods in Illinois, published by the U.S. Geological
Survey, 1976. (#10897; 02-09-84)
6-6-5 DEVELOPMENT PERMIT. No person, firm, corporation or other
governmental body not exempted by law shall commence any development in the
SFHA without first obtaining a development permit from the City Building
Inspector. The Building Inspector shall
not issue a development permit if the proposed development does not meet the
requirements of this Code.
108
(A) Application
for a development permit shall be made on a form provided by the Building
Inspector. The application shall be
accompanied by drawings of the site, drawn to scale showing property line
dimensions and, in those parts of the site that are below the base flood
elevation:
(1)
Existing grade elevations and
all changes in grade resulting from excavation or filling;
(2) The direction of flow of surface drainage
and flood flows;
(3) The
location of all watercourses and drainage facilities;
(4) The
location and dimensions of all buildings and additions to buildings; and
(5)
The elevation of the lowest
floor (including basement) of all buildings subject to the requirements of
Section 6-6-7.
(B) Upon
receipt of an application for a development permit, the Building Inspector
shall compare the elevation of the site to the base flood elevation. Any development located on natural ground
higher than the base flood elevation is not in the SFHA and therefore, not
subject to the requirements of this Code.
(C) The
Building Inspector shall inform the applicant of any and all other local,
state, and federal permits that may be required for this type of development
activity. The development permit will
only be issued on the condition that the other specified permits are
obtained. The Building Inspector shall
not issue a Certificate of Use or Occupancy unless all required permits have
been obtained. (#1087; 02-09-84)
6-6-6 PREVENTING INCREASED DAMAGES.
(A) No
development in the SFHA shall create a damaging or potentially damaging
increase in flood heights or velocity.
(1) For
development proposals located in a riverine SFHA, the
following rule shall apply: The City
Building Inspector shall review the development plans to discern if:
(a) A new
obstruction to flood flows would be created;
(b) The
project will involve a channel crossing such as a bridge or pipeline; or
(c) The
project will modify the shape of the channel.
If any of these three situations will result from the
project, the applicant shall be required to obtain a permit from the Illinois
Department of Transportation, Division of Water Resources, issued pursuant to Illinois
Revised Statutes, Chapter 19, Section 70.
The City Building Inspector shall not issue a development permit unless
the applicant has obtained either a Section 70 permit or a “waiver of permit
required” from the Division of Water Resources.
109
(2) For
development proposals located in a flood fringe, “AO Zone,” or “AH Zone”
identified as such on a SFHA map, or in a lakefront flood plain, ponding area, area of sheet flow, or other SFHA not subject
to overbank flooding
from an identified
channel, the requirement
of this subsection
6-6-6(A)
shall not apply.
(B) No
development in the SFHA shall include locating or storing chemicals,
explosives, buoyant materials, flammable liquids, pollutants, or other
hazardous or toxic materials below the FPE unless such materials are stored in a
storage tank or flood-proofed building constructed according to the
requirements of Section 6-6-8(C) of this Code.
(C) New
and replacement sanitary sewer lines and on-site waste disposal systems may be
permitted providing all manholes or other aboveground openings located below
the FPE are watertight.. (#1087;
02-09-84)
6-6-7 PROTECTING BUILDINGS. In addition to the damage prevention
requirements of Section 6-6-6, all buildings to be located in the SFHA shall be
protected from flood damage below the FPE.
This building protection requirement applies to the following
situations:
(A) Construction
or placement of a new building valued at more than $1,000.00;
(B) Improvements
made to an existing building that increase the first floor area by more than 20%;
(C) Reconstruction
or repairs made to a damaged building that are valued at or more than 50%
of the value of the building before the damage occurred; and
(D) Installing
a mobile home on a new site or a new mobile home on an existing site. This building protection requirement does not
apply to returning a mobile home to the same site it lawfully occupied before
it was removed to avoid flood damage.
(#1087; 02-09-84)
6-6-8 PROTECTION METHODS. This building protection requirement may be
met by any one of the following methods:
(A) A
building may be constructed on permanent land fill in accordance with the
following:
(1) The
area to be filled shall be cleared of all standing trees, brush, down timber,
trash, and other growth or objects unsuitable for use as foundation materials.
(2) The
fill shall be placed in layers no greater than one foot deep before compaction.
(3) The
top of the fill shall be above the FPE.
The fill should extend at least ten feet beyond the foundation of the
building before sloping below the FPE.
The bottom of the lowest floor, including joists, if any, and all
utility meters shall be located at or above the FPE.
110
(4) The
fill shall be protected against erosion and scour during flooding by vegetative
cover, rip rap, or bulk-heading. If
vegetative cover is used, the slopes shall be no steeper than 3 horizontal
to 1 vertical.
(5) The
fill shall not adversely affect the flow of surface drainage from or onto
neighboring properties.
(6) The
(B) A
building may be elevated in accordance with the following:
(1) The
building or improvements shall be elevated on stilts, piles, walls, crawl
space, or other foundation that is permanently open to flood waters and not
subject to damage by hydrostatic pressures.
(2) The
foundation and supporting members shall be anchored, shaped and aligned so as
to minimize exposure to known hydrodynamic forces such as current, waves, ice,
and floating debris.
(3) Each
mobile home shall be anchored to resist flotation, collapse, or lateral
movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be:
(a) Over-the-top
ties shall be provided at each of the four corners of the mobile home with two
additional ties per side at intermediate locations and mobile homes less than 50
feet long shall have one additional ties per side;
(b) Frame
ties shall be provided at each corner of the home with five additional ties per
side at intermediate points and mobile homes less than 50 feet long
shall have four additional ties per side;
(c) All
components of the anchoring system shall be capable of carrying a force of 4,800
pounds; and
(d) Any
additions to the mobile home shall be similarly anchored.
(4) No
mobile home may be placed on a new site located within an identified floodway.
(5) All
areas below the FPE shall be constructed of materials resistant to flood
damage. The lowest floor, including joists,
if any, and all utility meters shall be located at or above the FPE.
(6) The
111
(7) No
area below the FPE shall be used for storage of items or materials subject to
flood damage unless such items or materials are declared “property not covered”
by a Standard Flood Insurance Policy of the National Flood Insurance Program.
(8) Any
future alteration of the area below the FPE that violates the requirements of
this Section 6-6-8(B) shall be deemed a violation of this Code. The City Building Inspector shall inform the
applicant that any such alteration is considered a willful act to increase
flood damages and therefore, will cause coverage by a Standard Flood Insurance
Policy to the suspended.
(C) A
non-residential building may be flood-proofed in accordance with the following:
(1) A
registered Professional Engineer shall certify that the building has been
designed so that below the FPE the structure and attendant utility facilities
are watertight and capable of resisting the effects of the base flood. The building design shall take into account
flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces,
the effects of buoyancy, and impacts from debris or ice.
(2) Flood-proofing
measures shall be operable without human intervention and without an outside
source of electricity.
(3) The
Building Inspector shall maintain the engineer’s certificate and a record of
the “as built” elevation to which the building was flood-proofed.
(#1087;
02-09-84)
6-6-9 OTHER DEVELOPMENT REQUIREMENTS. The City Council shall take into account
flood hazards to the extent that they are known in all official actions related
to land management, use and development.
(A) The
City Council shall not approve any annexation agreement or plat of subdivision
located outside the corporate limits unless such agreement or plat is in
accordance with the provisions of this Code.
The Building Inspector shall obtain the best available SFHA maps and
data for the unincorporated areas.
(B) New
subdivisions, mobile home parks, and planned unit developments (PUDs) shall meet the requirements of Sections 6-6-6, 6-6-7
and 6-6-8 of this Code. Plats or plans
for new subdivision, mobile home parks and planned unit developments (PUDs) shall include a signed statement by a Registered
Professional Engineer that the plat or plans account for changes in the
drainage of surface waters in accordance with the Plat Act. (
(C) Plats
or plans for new subdivisions, mobile home parks and planned unit developments
(PUDs) shall display the following flood data:
(1) The boundary of the SFHA;
112
(2) The
boundary of all floodways or Areas of State Concern, if shown on available SFHA
maps;
(3) Easements
of lands dedicated to the City for access for channel maintenance purposes; and
(4) The
FPE for each building site. Where the
Base Flood Elevation is not available from an existing study filed with the
Illinois State Water Survey, the applicant shall be responsible for calculating
the FPE and submitting it to the State Water survey for review and approval as
best available elevation data.
(5) If
a flood protection project or other action removes the development from the
SFHA, the date required by Section 6-6-9(B) need not be displayed.
(D) Plans
for the development activities to be undertaken by the City in the SFHA shall be
reviewed by the Building Inspector to ensure that they comply with this
Code. Except as exempted by law, no
other local government shall commence any development activity in the SFHA
without first obtaining a development permit from the Building Inspector.
(E) The
Plan Commission and the City Council shall take the following into
consideration when preparing or revising the comprehensive plan, community
development program, housing assistance plan, and other land use or development
programs:
(1) Preserving
SFHA land for open space uses such as farming or recreation;
(2) Acquiring
and removing frequently flooded buildings;
(3) Prohibiting
hospitals, water treatment plants, natural gas storage and other critical or
especially hazardous facilities from locating in the SFHA;
(4) Identifying
the elevations of the base flood and past floods at entrances to public
buildings, on street signs, or other prominent locations; and
(5) Other
flood hazard mitigation of flood plain management activities that could help
accomplish the purposes of this Code.
(#1087; 02-09-84)
6-6-10 VARIANCES.
Whenever the standards of this Code place undue hardship on a specific
development proposal, the applicant may apply to the Plan Commission for a
variance. The Plan Commission shall
review the applicant’s request for a variance in the same manner as provided in
the Zoning Code for applications for “special uses” of the Zoning Code and
shall submit its recommendation to the City Council, which shall then determine
whether the variance is to be granted.
(A) No
variance shall be granted unless the applicant demonstrates that:
(1) The
development activity cannot be located outside the SFHA;
(2) A
substantial economic hardship would result if the variance were not granted;
113
(3)
The relief
requested is the minimum necessary;
(4)
There will be no
additional threat to public health or safety or creation of a nuisance;
(5)
There will be no
additional public expense for flood protection, rescue or relief operations, policing,
or repairs to roads, utilities, or other public facilities; and
(6)
The provisions of
Section 6-6-5(C) of this Code can still be met.
(B) The
Building Inspector shall notify an applicant in writing that a variance from
the requirements of Sections 6-6-7 and 6-6-8 that would lessen the degree of
protection to a building will:
(1) Result
in increased premium rates for flood insurance up to amounts as high as $25.00
for $100.00 of insurance coverage;
(2) Increase
the risks to life and property; and
(3) Require
that the applicant proceed with knowledge of these risks and that he will
acknowledge in writing that he assumes the risk and liability.
(C) A
variance from the requirements of Sections 6-6-7 and 6-6-8 may be granted to
permit a “wet flood-proofed” building; that is:
a building to be intentionally flooded during a flood, provided:
(1) No
part of such a building below the FPE may be subject to flood damage.
(2) The
variance shall be conditioned on the contents being:
(a) Of
materials resistant to flood damage; or
(b) Items
declared “property not covered” by a Standard Flood Insurance Policy of the
National Flood Insurance Program; or
(c) Readily
movable to a place of protection during a flood provided there will be
personnel available and adequate warning.
(3) Any
future alteration of the area below the FPE that violates the condition of the
variance shall be deemed a violation of this Code. The Building Inspector shall inform the
applicant that any such alteration is considered a willful act to increase
flood damages and therefore, will cause coverage by a Standard Flood Insurance
Policy to be suspended.
(D) Variances
requested in connection with restoration of a site or building documented as
worthy of preservation by the Illinois Department of Conservation may be
granted using criteria more permissive than the requirements of Section
6-6-10(A). (#1087; 02-09-84)
114
6-6-11 DISCLAIMER OF LIABILITY. The degree of flood protection required by this
Code is considered reasonable for regulatory purposes and is based on available
information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may
be increased by man-made or natural causes.
This Code does not imply that development either inside or outside of
the SFHA will be free from flooding or damage.
This Code does not create liability on the part of the City or any
officer or employee thereof for any flood damage that results from reliance on
this Code or any administrative decision made lawfully thereunder. (#1087; 02-09-84)
6-6-12 PENALTY.
The Building Inspector may determine upon due investigation that a
violation of the minimum standards of this Code exist and after such owner
fails, after 10 days notice to correct his property, the City may make
application to the circuit court for an injunction requiring conformance with
this Code or make such other order as the court deems necessary to secure
compliance with the Code. Any person who
violates this Code shall, upon conviction thereof be fined not less than $25.00
nor more than $200.00, and in addition shall pay all costs and expenses
of litigation arising out of the violation.
A separate offense shall be deemed committed upon each day during or on
which a violation occurs or continues.
Failure to comply with the requirements of a permit or conditions of a
variance resolution shall be deemed to be a violation of this Code. Nothing herein shall prevent the City from
taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to
the person or persons responsible.
(#1087; 02-09-84)
6-6-13 ABROGATION AND GREATER RESTRICTIONS. This Code is not intended to repeal,
abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this Code
and other lawful easements, covenants, or deed restrictions conflict or
overlap, whichever imposes the more stringent restrictions shall prevail. (#1087; 02-09-84)
115
CHAPTER 32
SIGN CODE
ARTICLE I – GENERAL REGULATIONS
32-1-1 GENERAL PROHIBITION. Any sign not expressly permitted in this
Chapter shall be deemed prohibited.
32-1-2 COMPUTATION OF SIGN AREA ALLOWANCE. Within the limitations and restrictions as
further provided in this Chapter, the total area of all signs which an
establishment is permitted to display shall be computed according to the
following formula:
One and one-half (1.5) square feet
of sign area per one (1) foot of street frontage
for the first 100 feet of
such frontage plus one (1) square foot of sign area per
one (1) foot of frontage in excess
of 100 feet of such frontage.
Provided,
that no establishment in any district shall display more than 300 square
feet of sign on any street front.
32-1-3 DEFINITION OF SIGN AREA. As used in this Code, the term “sign area”
means the area of one imaginary square or rectangle which would completely
enclose all the letters, parts, or symbols of a sign. (See Figure 3.)
32-1-4 SPECIAL SITUATIONS.
(A) Except
as specifically provided otherwise in this Code, if an establishment has
frontage on two or more streets, each side having such frontage shall be
considered separately for purposes of determining compliance with the
provisions of this Code. However, the
area allowance for signs shall not be aggregated so as to permit such
establishment to display on any one frontage a greater area of signs than would
be permitted by application of the formula set forth above.
(B) The
side of an establishment adjacent to an off-street parking area shall not be
deemed frontage unless the establishment has no other frontage.
32-1-5 SIGNS TO BE NON-HAZARDOUS AND WELL-MAINTAINED.
(A) No
sign shall be erected, relocated, or maintained so as to prevent free access or
egress from any door, window, fire escape, or driveway.
(B) No
sign shall be erected or maintained in such a manner that it interferes with,
obstructs the view of, or is likely to be confused with any authorized traffic
control device.
750
(C) Every
sign shall be designed and constructed in conformity with any applicable
provisions of the adopted Building Code, if any.
(D) Every
sign shall be maintained in a neat and attractive condition by its owner. The sign supports shall be kept painted to
prevent rust or deterioration.
32-1-6 ILLUMINATION.
Illumination of signs is permitted, subject to the following
requirements:
(A) No
sign shall employ red, yellow, or green lights in such a manner as to confuse
or interfere with vehicular traffic.
(B) No
sign other than those providing time and temperature information shall have
blinking, flashing, or fluttering lights, or any other illuminating device,
which has a changing light intensity, brightness, or color.
(C) The
light from any illuminated sign shall be shaded, shielded, or directed so that
it creates neither a nuisance to adjacent property nor a traffic hazard.
32-1-7 MOVEMENT PROHIBITED. Every sign that revolves, rotates, or
mechanically moves in any manner is prohibited.
32-1-8 NON-CONFORMING SIGNS. A “non-conforming sign” means any lawfully erected
sign or billboard that does not conform to one or more provisions of this Code
or any amendment thereto.
32-1-9 RESTRICTIONS.
Any non-conforming sign that does not pose an imminent peril to life or
property may lawfully remain, subject to all the restrictions on the
enlargement, alteration, relocation, or reconstruction of non-conforming
structures set forth in the Zoning Code, provided as follows:
(A) Merely
changing the message displayed on a non-conforming sign shall not be construed
as a prohibited alteration; and
(B) Whenever
any sign is non-conforming solely because it is appurtenant to a non-conforming
commercial/industrial use located in any residential district, the sign shall
be treated in the same manner as it would be if it were appurtenant to a
commercial/industrial use located in any business district or in the industrial
district.
32-1-10 STRICTLY PROHIBITED SIGNS. Except as specifically noted otherwise, the
following signs and street graphics are strictly prohibited throughout the
City:
(A) Mobile/Portable
Marquees.
(B) Pennants,
Streamers, strings of light bulbs, spinners, or similar devices.
(C) Signs
Attached to Trees, fences, or public utility poles, other than warning
signs posted by government officials or public utilities.
751
(D) Defunct
signs, including the posts or other supports therefore, that advertise or
identify an activity, business, product, or service no longer conducted on the
premises where such sign is located.
(E) Roof-mounted
signs.
32-1-11 SIGNS PERMITTED IN ANY DISTRICT. Any sign or other street graphic enumerated
below that complies with the indicated requirements is permitted in any
district of the City. Such signs or
street graphics shall not be debited against the displaying
establishment’s sign area allowance.
(See Section 32-1-2)
(A) Construction
Signs identifying the architects, engineers, contractors, and other
individuals or firms involved with the construction, and/or announcing the
character or purpose of the building, but not advertising any product. Such signs shall not exceed 16 square feet
in area, shall be confined to the site of the construction, and shall be
removed within 14 days after the intended use of the project has begun.
(B) Real
Estate Signs, indicating the sale, rental, or lease of the premises on
which they are located. Such signs on
residential property shall not exceed 4 square feet; on other property,
such signs shall not exceed 16 square feet. Not more than one real estate sign per street
front shall be erected on any lot. Such
signs shall be removed within 7 days of the sale, rental or lease.
(C) Political
Signs, announcing candidates seeking public/political office and/or
political issues and other pertinent information. Not more than one such sign shall be erected
on any lot or premises. In any
residential district, political signs shall not exceed 16 square feet;
in other districts, such signs shall not exceed 32 square feet. Political signs shall be removed within 7
days after the election to which they pertain, by the party(s) responsible for
their erection.
(D) Garage
Sale Signs advertising a garage or yard sale to be held on private
residential property. Such signs shall
not exceed 4 square feet, and shall not be posted for longer than 5
days.
(E) Public
Interest Signs and Street Banners publicizing a charitable or non-profit
event of general public interest. In a
residential district, public interest signs shall not exceed 32 square feet. Public interest signs and street banners
shall be permitted only for 14 days before and 7 days after the
event.
(F) Governmental,
Public, and Directional Signs, such as traffic control signs; railroad
crossing signs; legal notices; signs indicating the location of underground
cables; no trespassing signs; no parking signs; signs indicating the entrances
and exits of parking lots; signs indicating the location of public telephones;
restrooms, etc.; and so forth.
(G) Institutional
Signs identifying a public, charitable, or religious institution. Such signs shall be located on the premises
of such institution, shall not obstruct the vision of motorists, and shall not
exceed 24 square feet.
(H) Integral
Signs carved into stone or inlaid so as to become part of the building, and
containing such information as date of erection, name of building, and memorial
tributes.
752
(I) Home
Occupations Signs identifying only the name and occupation of the
residents. Home occupation signs shall
not be illuminated, and shall not exceed 40 square feet.
(J) Subdivision
Entrance Signs identifying a residential subdivision or apartment
complex. Such signs shall contain no
commercial advertising, and shall not exceed 40 square feet.
(K) House
Numbers and/or Name of Occupant Signs located on the lot to which the sign
applies. Such signs shall not exceed 2
square feet for single-family dwellings nor 6 square feet for
multiple-family dwellings.
(L) Signs
located in the interior of any building or within an enclosed lobby or
court of any building or group of buildings, provided such signs are designed
and located to be viewed exclusively by the patrons or residents of such
buildings.
32-1-12 CONSERVATION, RESIDENTIAL DISTRICTS. On or after the effective date of this Code,
no sign other than those listed in Section 32-1-11 shall be erected in any
residential district.
32-1-13 BUSINESS, INDUSTRIAL DISTRICTS. No establishment located in any business
district or in the Industrial District shall display on any street front a
total area of sign in excess of the
allowance derived by
application of the
formula set forth in Sections 32-1-8 and 32-1-9. Additionally, signs in any business district
or in the Industrial District shall conform to the requirements indicated in
the subsections below:
(A) Flush-Mounted
Signs. No flush-mounted (wall) sign
shall:
(1) Project
more than 18 inches from the wall or surface to which it is attached; or
(2) Extend
above the roof line of the building to which it is attached.
(B) Window
Signs. Signs permanently (i.e.,
longer than 30 days) mounted in display windows shall be debited against
the sign area allowance of the particular establishment; window signs mounted
for shorter periods shall not be debited.
(C) Projecting
Signs. No establishment shall
display more than one projecting sign on any street front. No projecting sign shall:
(1) Project
above the roof line of the building to which it is attached; or
(2) Extend
below a point 8 feet above the ground or pavement, or
(3) Project
over a driveway or beyond the curbline of any public
street; or
(4) Project
more than 4 feet from the building to which it is attached; or
(5) Exceed
16 square feet in area.
(D) Canopy
of Marquee Signs. Signs mounted flush
on any canopy or marquee shall be considered flush-mounted (wall) signs, and
shall meet the requirements of paragraph (A) of this section. Signs suspended beneath a canopy or marquee
shall be considered projecting signs, and shall meet the requirements of
paragraph (C) of this section.
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(E) Freestanding
Signs. No establishment shall
display more than one freestanding sign on any street front. Freestanding signs, whether mounted on the ground
or post-mounted, shall comply with the following regulations:
(1) No
part of any freestanding sign shall intrude into any public right-of-way. No part of any freestanding sign that extends
below a point 10 feet above the ground or pavement shall be located
closer than 10 feet from the public right-of-way line.
(2) The
area of any freestanding sign,
calculated in accordance with Section 32-1-3 shall not exceed 100
square feet.
(3) When
attached to its structural supports, no part of any freestanding sign shall
extend more than 20 feet above the ground or pavement.
(4) The
length or width of any freestanding sign shall not exceed 12 feet.
(F) Billboards. Billboards (and other off-premises
advertising signs) are strictly prohibited in every district except the
Industrial District. No billboard shall:
(1) Be
stacked on top of another billboard; or
(2) Be
located closer than 25 feet to any lot line or any public right-of-way;
or
(3) Be
located closer than 500 feet from any other billboard on the same side
of the roadway; or
(4) Extend
more than 20 feet above the ground or pavement;
(5) Exceed
300 square feet in area.
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