Get Adobe Flash player

Chapter 40 - Zoning Code

CHAPTER 40

 

ZONING CODE

ARTICLE I – GENERAL PROVISIONS

 

 

          40-1-1        TITLE.  These provisions when drafted and adopted as an Ordinance shall be known as the Village of Westville Zoning Code of 1996.

 

 

          40-1‑2        DECLARATION OF PURPOSE.  It is the purpose of this Code:

          (A)               To promote and protect the public health, safety, morals, comfort and general welfare of the people;

          (B)               To divide the Village into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration, and use of buildings, structures, and land for residence, business, and other specified uses;

          (C)               To protect the character and the stability of the residential and business areas within the Village and to promote the orderly and beneficial development of such areas;

          (D)               To provide adequate light, air, privacy and convenience of access to property;

          (E)                To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings, necessary to provide adequate light and air, and to protect the public health;

          (F)                To establish building lines and the location of buildings designed for residential, business, and manufacturing, or other uses within such areas;

          (G)               To fix reasonable standards to which buildings or structures shall conform therein;

          (H)               To prohibit uses, buildings, or structures incompatible with the character of development or intended uses within specified zoning districts;

          (I)                To prevent additions to, or alteration or remodeling of, existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder;

          (J)                To limit congestion in the streets and protect the public health, safety, convenience, and general welfare by providing for the off-street parking of motor vehicles and the loading and unloading of commercial vehicles;

          (K)               To protect against fire, explosion, noxious fumes, and other hazards, in the interest of the public health, safety, comfort and general welfare;

          (L)                To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them;

          (M)               To conserve the taxable value of land and buildings throughout the Village;

 

          (N)               To provide for the elimination of non-conforming uses of land, buildings, and structures which are adversely affecting the character and value of desirable development in each district;

          (O)               And to define and limit the powers and duties of the administrative officers and bodies as provided herein.  (See 65 ILCS Sec. 5/11-13-1)

 

 

          40-1‑3        ESTABLISHMENT OF ZONING DISTRICTS. 

          (A)               Zoning Districts.  For the purposes of this Code, the Village is hereby divided into zoning districts hereafter provided in Article II.

          (B)               The boundaries of the zones are established as shown on the Village Zoning District Map.  The zoning districts and boundaries are hereby adopted and established as shown on the District Map, which map together with all notations, references, data, district boundaries and other information thereon, are made a part of the Zoning Code by reference.  The Zoning Map properly attested shall remain on file in the Office of the Zoning Official or other appropriate Village official.

 

 

          40-1-4        CONFORMITY WITH REGULATIONS REQUIRED.  Except as otherwise provided in this Code:

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

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

          (C)               Conformity of Open Spaces.  No yard, court or open space, or part thereof, shall be included as a part of the yard, court or open space similarly required for any other building, structure or dwelling, except as otherwise specifically provided for by this Code.

 

 

          40-1-5        SCOPE.  This Code is not intended to abrogate or annul any building permits, certificates of occupancy, variances or other lawful permits issued before the effective date of this Code.

 

          40-1‑6        INTERPRETATION. 

          (A)               Interpretation of Provisions.  In their interpretation and application, the provisions of the Code shall be held to be minimum requirements.  Whenever this Code imposes a greater restriction than is imposed and required by other provisions of law or by other rules or regulations or resolutions, the provisions of the most restrictive Code should govern.

          (B)               Interpretation of District Boundaries.

(1)      Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, the center lines or alley lines of alleys, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map.

(2)      Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.

(3)      Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located at the railroad right-of-way line closest to the most restrictive zoning district line shown on the Zone District Map.

(4)      Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be construed to be the center line of the stream, otherwise at the limit of the jurisdiction of the Village, unless otherwise indicated.

(5)      Any areas shown on the zoning map as park, playground, school, cemetery, water, street, or right-of-way, shall be subject to the zoning regulations of the district in which they are located.

(6)      Whenever any street, alley or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley, or public way shall automatically extend to the center of such vacation and all area included in the vacation shall thereafter be subject to all regulations of the extended districts.

(7)      Where any land or territory within the Village is not shown to be located in a district, the zoning regulations of the most restrictive adjoining district shall govern.

(8)      Where a lot under single ownership is divided at the time of enactment of this Code or by subsequent amendments, by a zoning district boundary line, the requirements of the less restrictive district adjacent to such line may be extended for that lot, not more than twenty-five (25) feet into the more restrictive district.

 

          (C)               Existing Special Uses.  Where a use is classified as a special use under this Code, it shall be considered a legal use, without further action of the Village Board.

 

 

          40-1‑7        RULES AND DEFINITIONS.  In the construction of this Code, the rules and definitions contained in this Section shall be observed and applied, except when the context clearly indicates otherwise.

          RULES.  Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.  The word "shall" is mandatory and not discretionary; the word "may" is permissive.  The word "lot," shall include the words "plot", "piece" and "parcel".  The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for" and "occupied for".  The word "Village" shall refer to, and be interpreted to mean, Village of Westville, Illinois.  The following words and terms, wherever they occur in this Code, shall be interpreted as herein defined.

          DEFINITIONS.

 

Abandonment:  An action to give up one’s rights or interests in property.

 

Accessory Building or Structure:  A detached subordinate building or structure, the use of which is customarily incidental to that of the main use of the land and which is located on the same lot with the main building or use.

 

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

 

Alley:  A public access way which afford only a secondary means of access to abutting property and is not intended for general traffic circulation.

 

Alterations:  As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

 

Alterations, Structural:  A change in the supporting members of a building, such as bearing walls, columns, beams or girders.

 

Animal Hospital:  Any building or portion thereof designed or used for the care, observation, or treatment of domestic animals.

 

Apartment:  A suite of rooms or a room in a building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.


Apartment Hotel:  An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.

 

Apartment House:  A multi-family dwelling used or occupied by four (4) or more families living independently of each other in dwelling units, such dwelling units normally being rented or used other than by the day, by the same occupant for a continuous period ordinarily of six (6) months or more.

 

Area of Zoning Lot:  The total area within the property lines of a lot, excluding public streets and alleys, meeting the district requirement of this Code.

 

Attached Building:  A building attached to another building by a common wall (such wall being a solid wall with or without windows and doors) and a common roof with a least horizontal dimension of six (6) feet.

 

Auditorium:  A room, hall or building made a part of a church, theater, school, recreations building or other building assigned to the gathering of people as an audience, to hear lectures, plays and other presentations.

 

Automobile Parking Area:  A lot or part thereof used for the storage or parking of motor vehicles with or without the payment of rent or charges.

 

Automobile and Trailer Sales Area:  An open area, other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done except for minor incidental repair of automobiles or trailers to be displayed and sold on the premises.

 

Automobile Wrecking Yard:  Any place where two (2) or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise.

 

Basement:  A story having more than one‑half (1/2) its height below the average level of the adjoining ground.

 

Block:  A tract of land bounded by streets, or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways, or corporate boundary lines of municipalities.

 

Boarding House:  A building other than a hotel or restaurant where meals are provided for compensation to three (3) or more persons, but not more than ten (10), who are
not members of the keeper's family, but not open on a daily, overnight or per meal basis to transient guests.

 

Buildable Area:  The space remaining on a zoning lot after the minimum open space requirements of this Code have been complied with.

 

Buildable Height:  The vertical distance measured from the average elevation of the proposed finished grade at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

 

Building Line:  The line, parallel to the front lot line, measured between side lot lines through that part of the building, structure or construction site where the lot is narrowest.

 

Building, Principal:  A non‑accessory building in which the principal use of the zoning lot, on which it is located, is conducted.

 

Clinic:  A place used for the care, diagnosis and treatment of sick, ailing infirm and injured persons, but who are not provided with board or room nor kept overnight on the premises.

 

Club:  A nonprofit association of persons who are bonafide members organized for some purposes and paying regular dues; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

 

Corporate Authority:  The Board of Trustees of the Village of Westville, Vermilion County, Illinois.

 

Coverage:  (See Figure 2.)

 

District:  A portion of the territory of the Village within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Code.

 

Dump:  A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, except as otherwise permitted, or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

 

Dwelling:  Any building or portion thereof designed or used exclusively as living quarters for one or more families, other than hotels, motels, tourist homes, clubs, hospitals, or similar uses.


Dwelling, One-Family:  A detached principal building designed for or used as a dwelling exclusively by one family as an independent housekeeping unit.

 

Dwelling, Two‑Family:  A detached principal building designed for or used as a dwelling exclusively by two (2) families each living as an independent housekeeping unit.

 

Dwelling, Three-Family:  A detached principal building designed for or used as a dwelling exclusively by three (3) families each living as an independent housekeeping unit.

 

Dwelling, Multiple‑Family:  A building or portion thereof, designed or altered for occupancy by four (4) or more families living independently of each other.

 

Enclosed Building:  A building separated on all sides from adjacent open space or other buildings by fixed exterior walls or party walls, with openings only for windows and doors, and covered by a permanent roof.

 

Essential Governmental or Public Utility Services:  The erection, construction, alteration, or maintenance by public utilities or municipal departments, of underground or overhead gas, electrical, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare, but not including buildings.

 

Family: 

          (A)               A single individual, doing his own cooking and living upon the premises as a separate housekeeping unit; or

          (B)               A collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, or employment as domestic servants; or

          (C)               A group of not more than three (3) unrelated persons doing their own cooking and living together on the premises as a separate housekeeping unit pursuant to a mutual housekeeping agreement (not including a group occupying a boarding or rooming house, club, fraternity or hotel).

 

Floor Area:  The area included within outside walls of a building or portion thereof, including habitable penthouses and attic space, but not including vent shafts, courts or uninhabitable areas below ground level or in attics.

 

Floor Area Ratio:  The ratio of total floor area, in square feet, of all buildings on a lot to total lot area, in square feet.


Garage Parking, Public:  A building or portion thereof used by the public for the storage or parking of motor vehicles for compensation.

 

Garage, Private:  A building or portion thereof for the storage of one (1) or more motor vehicles for persons living on the premises.

 

Gasoline Service Station:  A building or premises or portion thereof used for the retail sale of gasoline, oil or other fuel for motor vehicles and which may include, as an incidental use only, facilities used for polishing, greasing, washing or otherwise cleaning or light servicing of motor vehicles, but not including liquefied petroleum gas distribution facilities.

 

Grade:  The average of the finished ground level at the midpoint of each wall of a building.  In case walls are parallel to and within five (5) feet of a public sidewalk, said ground level shall be measured at the sidewalk.

 

Guest House:  Living quarters within a detached accessory building located on the same premises with the principal building, for use by temporary guests of the occupants of the premises.  Such quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.

 

Home Occupation:  A use conducted entirely within a dwelling and carried on by the inhabitants there, and no others, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof.

 

Hotel:  A building designed or used for occupancy normally as the temporary lodging place of individuals, having at least six (6) guest rooms; where a general kitchen and dining room may be provided but where there are no cooking facilities in any guest room.

 

Junk Yard:  An open area where scrap metal, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building salvage yards, but excluding similar uses taking place entirely within a completely enclosed building.

 

Kennel:  Any structure or lot on which four (4) or more dogs and/or cats over four (4) months of age are kept.

 

Land Use Plan:  The long-range plan for the desirable use or land within the Village as officially adopted and as amended from time to time.

 

Laundries: 

          (A)               Laundromat.  A business that provides home-type washing, drying and ironing machines for hire to be used by the customers on the premises.

 

          (B)               Commercial Industrial Laundry.  A business that provides washing, drying and ironing services operated by the employees on the premises.

 

Least Restrictive:  For the purpose of this Code, the designation of the most or the least restrictive district shall be of the following order, with the least restrictive district being first in order:  B-2, B-1, SR-2, and SR-1.

 

Loading Space:  An off‑street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

 

Lodging or Rooming House:  A building with more than three (3) guest spaces where lodging is provided for compensation pursuant to previous arrangement, but not open on a daily, overnight, or per meal basis to transient guests.

 

Lot:  A portion or parcel of land (whether a portion of a platted subdivision or otherwise) occupied or intended to be occupied by a building or use and its accessories, together with such yards as are required under the provisions of this Code, having not less than the minimum area, width and depth required by this Code, for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as permitted in accordance with the provisions of this Code.  The minimum area of a lot as defined herein must be an integral unit of land under unified ownership in fee or in co-tenancy, or under legal control tantamount to such ownership, which ownership or control must continue for the existence of the building or buildings permitted to be situated on the lot.

 

Lot Area:  See “Area of Zoning Lot”.

 

Lot, Corner:  A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.  The point of intersection of the street lines is the “corner”.

 

Lot Coverage:  The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

 

Lot Depth:  The mean horizontal distance between the front and the rear lot lines measured in the general direction of the side lot lines.

 

Lot, Interior:  A lot whose side lines do not abut upon any street.

 

Lot Line, Front:  The line separating the lot from the street.  On a corner lot, the front lot line shall be the street lot line having the least dimension.


Lot Line, Rear:  The rear lot line is the lot line or lot lines most nearly parallel to and most remote from the front lot line.

 

Lot Line, Side:  Any lot line other than front or rear lot line.  A side lot line separating a lot from a street is called a side street lot line.  A side lot line separating a lot from another lot or lots is called an interior side lot line.

 

Lot of Record:  A lot which is a part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Vermilion County, Illinois.

 

Lot, Through:  A lot having frontage on two (2) parallel or approximately parallel streets.

 

Lot Width:  The mean horizontal width of the lot measured at right angles to its depth.

 

Mobile Home:  An automobile trailer, trailer coach, house trailer, trailer, vehicle, structure

          (A)               designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one (1) or more persons, or the conduct of any business or profession (including use as a selling or advertising device) and

          (B)               so designed that it is or may be mounted on wheels and used as a conveyance on highways or streets, propelled or drawn by its own or other motive power, excepting a device used exclusively upon stationary rails or tracks.  Mobile homes shall include single-family dwellings designed for conveyance after fabrication on streets or highways mounted on its own wheels or otherwise.

 

Mobile Home, Dependent:  A mobile home, or travel trailer, which does not have a flush toilet or a bathtub or shower.

 

Mobile Home, Independent:  A mobile home, or travel trailer, that has a flush toilet and a bathtub or shower.

 

Most Restrictive:  See “Least Restrictive”.

 

Motel or Motor Hotel:  A series of attached, semi-attached or detached sleeping or living units, for the accommodation of transient guests and not customarily including individual cooking or kitchen facilities, said units having convenient access to off-street parking spaces for the exclusive use of the guests or occupants.

 

Noisome or Injurious Substances, Conditions and Operations: 

          (A)               Creation of unreasonable physical hazard, by fire, explosion, radiation or other cause, to persons or property at or beyond the property line of the premises in question.

 

          (B)               Discharge of any liquid or solid waste into any stream or body of water or into any public or private disposal system or into the ground, so as to contaminate any water supply, including underground water supply.

          (C)               Maintenance or storage of any material either indoors or outdoors so as to cause or to facilitate the breeding of vermin.

          (D)               Emission of smoke, measured at the point of emission, or a denser shade than that specified for the district or which otherwise constitutes an unreasonable hazard to the health, safety or welfare of any persons.

          (E)                Fly ash or dust which can cause damage to the health of persons, animals, or plant life or to other forms of property, or excessive soil, measured at or beyond the property line of the premises in question.

          (F)                Creation or causation of any unreasonably offensive odors at or beyond any property line of the premises in question.

          (G)               Creation or maintenance of any unreasonable reflection or direct glare, by any process, lighting or reflection material at or beyond any property line of the premises in question.

          (H)               Creation or maintenance of any unreasonably distracting or objectionable vibration and/or electrical disturbances at or beyond any property line of the premises in question.

          (I)                Any public nuisance.

 

Nonconforming Building:  A building or structure or portion thereof conflicting with the provisions of this Code applicable to the district in which it is situated.

 

Nonconforming Use:  A use of a building or land legally existing at the time of adoption of this Code, or any amendment thereto, and which does not conform with the use regulations of the district in which located.

 

Official Map:  The portion of the master plan adopted by Ordinance which designates land necessary for public facilities or uses, including streets, alleys, public ways, parks, playgrounds, school sites and other public grounds and ways for public service facilities within the whole area including within the official comprehensive plan of one or more separate geographical or functional parts and including all or any part of the contiguous, unincorporated area under the planning jurisdiction of the Village.

 

Parking Area, Private:  An open, crushed covered area, other than a street or public way, designed, arranged, and made available for the storage of private passenger automobiles only, or occupants of the building or buildings for which the parking area is developed and is accessory.

 

Parking Area, Public:  An open, hard-surfaced area, other than a street or public way, used for the parking of automobiles or other motor vehicles and available to the public whether for a fee or as an accommodation for clients or customers.


Parking Space, Automobile:  Space within a public or private parking area of not less than one hundred eighty (180) square feet (nine (9) feet by twenty (20) feet), exclusive of access drives, or aisles, ramps, columns, or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half (1 1/2) ton capacity.

 

Planned Development Project:  A residential or commercial development on a parcel of land in single ownership and consisting of two (2) or more buildings having any yard, court, parking or loading space in common.

 

Premises:  A lot together with all the buildings and uses thereon.

 

Principal Use:  The main use of land or buildings as distinguished from a subordinate or accessory use.

 

Professional Office:  An office (other than a service office and other than an office for care and/or treatment of, or medical attention to, animals as distinguished from persons) for the practice of professions, such as the offices of physicians, dentists, attorneys-at-law, architects, engineers, artists, musicians, teachers, accountants and others who through training are qualified to perform services of a professional nature, or the offices of a governmental agency; and where there is no storage, sale or display of merchandise on the premises.

 

Public Open Space:  Any publicly-owned open area, including, but not limited to the following:  parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.

 

Public Sewer and Water Facilities:  Those water and/or sewer facilities of a municipality and/or of a sanitary sewer district which comply with applicable public health standards.

 

Retail (or Retailing):  A business enterprise consisting primarily of the making of sales and/or rendering of services directly to ultimate consumers, where each sale or service transaction is in relatively small quantity or volume, as distinguished from a wholesale business or from a business where sales are made or services are rendered either in substantial volume to an individual customer and/or for resale to or reuse by ultimate consumers.

 

Room:  An unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, kitchens, closets, hallways and service porches and the like.

 

Service Office:  An office in which are offered services by real estate agents, insurance agents, public stenographers, brokers, or others who through training are duly qualified to
perform services of an executive nature (as distinguished from a professional office) and where there is no storage, sale or display of merchandise on the premises.

 

Setback:  The distance in linear feet measured on a horizontal plane from the lot line to a building or structure on the lot.

 

Sign:  Any inscription written, printed, painted, or otherwise placed on a board, plate, banner or upon any material, object or device whatsoever, which by reason of its form, color, wording or otherwise, attracts or is designed to attract attention to the subject thereof or is used as a means of identification, advertisement, or announcement.  As used in this Code, the term shall apply only to signs which attract attention to the sign from outside of a building or structure.

 

Sign, Bulletin Board:  As used in this Code, a sign used for purposes of notification of the public of an event or other occurrence of public interest, such as a church service, political rally, civic meeting or similar event.

 

Sign, Construction:  As used in this Code, a sign advertising the development or improvement of a property by a builder, contractor or other person furnishing services, materials, or labor to said premises, which sign is intended for a limited period of display, and erected on the same lot with the work being done.

 

Story:  That portion of a building, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

 

Structure:  Anything constructed or erected with a fixed location on the ground, but not including single poles unattached to any other pole or structure having a fixed location on the ground, lines, cables or other transmission or distribution facilities of public utilities.  All structures shall be subject to the provisions of Section 40-5-3 of this Code.

 

Yard:  An open space not occupied or obstructed by any structure, except fences as regulated herein and as otherwise expressly provided herein.

 

Yard, Front:  A yard extending across the full width of the lot between the front lot line and the nearest line or point of the principal building.

 

Yard, Rear:  A yard extending across the full width of the lot between the rear lot line and the nearest line or point of the principal building.

 

Zoning Certificate:  A document issued by the Zoning Inspector authorizing buildings, structures or uses consistent with the terms of this Code and for the purpose of carrying out and enforcing its provision.


Zoning Inspector:  The Zoning Inspector of the Village or his authorized representative.

 

Zoning Map:  The zoning map or maps of the Village together with all amendments subsequently adopted.

 

 

          40-1-8        ANNEXED TERRITORY.  Any territory hereafter annexed to the Village shall automatically be in the SR-1, one-family residence district, until duly changed by an amendment to this Code; except that the Village Board of Trustees, with the advice of the Zoning Board of Appeals, may annex any territory as any other zoning district or districts herein established if all legal requirements for zoning the property at the time of the annexation and the requirements for amending this Code by the extension of the zoning district provisions are met.

          ED. NOTE:  Section 5/11-13-19 of Chapter 65 of the Illinois Compiled Statutes requires that the Zoning Map be published by March 31st of each year if there have been any zone district changes or annexations.

 

ARTICLE II - ZONING DISTRICT REGULATIONS

 

 

          40-2‑1        ZONING DISTRICTS - GENERAL. 

          (A)               For the purpose of this Code, the Village as shown on the zoning map is divided into four (4) categories of zoning as follows:

 

                    DISTRICT                       DESIGNATION

 

          One Family Residence District                SR-1  

          One Family Residence District                SR‑2

          Community Business District                  B-1

          General Business District                       B-2

 

 

          40-2‑2        SCHEDULE: AREA AND BULK REGULATIONS; SIGNS; OFF-STREET PARKING REQUIREMENTS.

          (A)               To facilitate public understanding of this Code and for the better administration and convenience of use thereof, the regulations limiting the dwelling unit density, the heights, bulk and arrangement of buildings, limiting the size and use of signs, and requiring minimum off-street parking for each of the districts established by Section 40-2-1 hereof (or specified use), are set forth in Schedule 40-2-2(E) hereof, hereinafter called Schedule.  Such schedule is hereby adopted and declared to be an integral part of this Code, and it may be amended in the same manner as any other part of this Code.

          (B)               For each district (or specified use) named in said Schedule:  The maximum number of dwelling units shall be as indicated in Column (B); the minimum lot requirements shall be as indicated in Columns (C), (D) and (E) of the Schedule; the minimum yard dimensions shall be as indicated in Columns (F), (G), (H), (I) and (J); maximum lot coverage therefore shall be indicated as Column (K); permitted floor area ratio (ratio of floor area to lot area) shall be indicated as Column (L); maximum building heights shall be as indicated in Column (M); requirements for accessory buildings and uses, as to maximum height shall be as indicated in Column (N); and as to minimum distance of detached accessory buildings and uses to principal buildings, streets, and lot lines, as indicated in Columns (O), (P), (Q), (R) and (S), respectively; signs permitted shall be as indicated in Column (T); minimum off-street parking shall be indicated in Column (U); other pertinent matters and requirements are as indicated in Column (V), and as otherwise set forth in the Schedule and in notes and remarks appended thereto.

          (C)               A blank space in a block of a column of said Schedule indicates that the requirement of that column does not pertain to the district or use specified on the corresponding horizontal lines.  The words “Same as SR-1 (or other symbol or reference)” as used in a column shall mean and include the specific limitations and requirements as
set forth in the same column for district referred to by such symbol or reference; otherwise the limitations and requirements in said Schedule shall be read from left to right.

          (D)               Where the limitations and requirements of any of Column (T) through (V) of the Schedule are contained in a block which, reading vertically on the Schedule, covers more than one district (or specified use), such limitations and requirements shall be applicable to all of the districts or uses so covered by the block.

          Where reference is made in said Schedule to another Section or provision of this Code, such Section or provision referred to shall thereby be incorporated as an integral part of the requirement including such reference.

          (E)                Schedule:  Area and Bulk Regulations; Sign and Parking Requirements.  See Schedule 40-2-2(E).

 

 

          40-2-3        “SR-1” AND “SR-2” SINGLE-FAMILY RESIDENCE DISTRICT. 

          (A)               Uses Permitted.

          All uses commonly classified as agriculture, horticulture, or forestry including crop and tree farming, truck farming, gardening, nursery operation, forestry operations together with the operation of machinery or vehicles but not including dairy farming, livestock raising, animal and poultry breeding and raising, stock yards, commercial livestock or poultry feeding or agricultural processing plants.

          One-family dwellings.  (See Section 40-3-14(A))

          Living quarters for persons employed in agricultural or related activities that are conducted on the premises.

          Non-commercial recreational activities.

          Churches and other places of worship subject to Section 40-3-10, but not including funeral chapels or mortuary chapels.

          Schools and colleges for academic instructions subject to Section 40-3-18.

          Libraries, museums, art galleries and similar public cultural facilities subject to Section 40-3-16.

          Community social or recreational centers.

          Cemeteries and mausoleums in conjunction therewith.

          Essential services subject to Sections 40-3-16 and 40-3-17.

          Public service uses including filtration plants, pump stations, water reservoirs, sewage treatment plant, police and fire stations or other governmental uses subject to Sections 40-3-16 and 40-3-17.

          Railroad rights-of-way and trackage, but not including classification yards, terminal facilities or maintenance facilities.

          Accessory uses that are clearly supplementary and secondary to the primary use located on the lot.

          Temporary produce stands for sale of agricultural produce raised on the premises.  Provided that adequate off-street parking is available and that major traffic congestion or hazard would not be created in conjunction with the location or access thereto.

          Radio or television transmission towers.

 

          Mobile homes subject to Section 40-3-14.

          Electrical substations (static transformer stations), gas regulator stations, telephone exchange facilities and essential services subject to the provisions of Section 40-3-17.

          Municipal uses, facilities and buildings, subject to the provisions of Section 40-3-16.

          Public:  Libraries; museums, playgrounds; parks; recreational or community centers or grounds; except those carried on for gain, subject to the provisions of Section 40-3-16.

          Public, private or parochial schools offering courses of instruction at elementary and secondary levels in accordance with standards for compulsory education, subject to the provision of Section 40-3-18.

          Nursery schools and orphanages subject to the provisions of Section 40-3-18.

          Growing of plants and trees on a private or commercial basis.

          (B)               Permitted Accessory Uses.

          Private:  Greenhouses; tool sheds; garages or carports; tennis courts; patios, subject to applicable provisions of Section 40-4-16.

          Private swimming pools, subject to applicable provisions of Section 40-3-5.

          Incinerators for home use, provided such are located on the lot so as not to constitute an unreasonable hazard to dwellings and other buildings on the premises or on adjacent property, and located not less than fifteen (15) feet from any dwelling on the premises and not less than ten (10) feet from any other building on the premises.

          Keeping of household pets, provided kennels are not maintained.

          Parking spaces not for gain in addition to minimum off-street parking, subject to the provisions of Section 40-3-15.

          Keeping of not more than one (1) unoccupied camp trailer or utility trailer subject to the provisions of Section 40-3-15.

          Temporary construction sheds and temporary buildings for sales or rental offices or show houses for use during construction operations, provided all other regulations of the district are complied with, but in no case shall such office be continued beyond the duration of construction of the project or one (1) year, whichever is greater.  However, such time limit may be extended for one (1) year by the Board of Zoning Appeals.

          Accommodations for professional servants, caretakers, watchmen or custodians, but not as a separate detached one-family dwelling on the same lot.

          Customary home occupations, subject to the provisions of Section 40-3-2.

          Fences, hedges and walls, subject to the provisions of Section 40-3-1.

 

 

          40-2-4        COMMUNITY BUSINESS DISTRICT.

          (A)               Uses Permitted.

          Any use permitted and as regulated in the SR-1 and SR-2 District.

          Places used for the retailing of those commodities which may be classified as “convenience goods”, “durable goods” and fashion goods” as follows:

Apparel stores and shops.

 

Bakery shops, including the baking and processing of food products for retail sale on the premises only;

Candy and ice cream shops;

Commercial institutions, such as banks, savings and loan associations;

Department stores;

Drug stores;

Eating and drinking establishments;

Food stores, including supermarkets, delicatessens, dairy products, meat markets, health foods;

Frozen food stores and food lockers;

Furniture, home furnishing and appliance stores;

Hardware stores; and

Hobby shops.

          Personal service shops, including barber and beauty shops, shoe repair shops, laundries, self-service laundries, dry-cleaning stores, travel agencies, photographers, blueprinting and Photostatting shops, tailoring;

Pet shops, but not including animal hospitals;

Second-hand stores and rummage shops;

Taverns;      

Places of amusement or recreation such as theaters, auditoriums or bowling alleys;

Plumbing, heating and air conditioning sales;

Variety stores;

Other stores and shops, including gift and card shops, leather and luggage, tobacco and news, camera shops, sporting goods, garden shops, antique shops;

General office buildings;

Medical and dental clinics and centers;

Professional and service offices;

Hotels, motels and apartment hotels;

Funeral chapels, mortuary chapels, and ambulance services;

Membership clubs, and public or charitable institutions not for correctional purposes;

Post offices or postal substations, subject to the provisions of Section 40-3-16;

Libraries or museums, provided that all principal buildings are located at least twenty-five (25) feet from all property lines;

Art galleries and studios;

Meeting halls; and

Radio and TV broadcasting stations.

          Preparation and manufacture of goods or products for retail sale on the premises only, provided that such manufacture process or treatment shall be clearly incidental and essential to the retail business conducted on the premises and further provided that not more than five (5) persons (exclusive of manager) shall be engaged in said
manufacture, processing or treatment of products, and that all such operations create no undue noise, treatment of products, and that all such operations create no undue noise, odor, dust, smoke, vibration or other similar nuisance.

          Sales of new automobiles and new automobile accessories and parts.

          Bus terminals and other public transportation terminal facilities for passengers.

          Gasoline service stations, subject to the provisions of Section 40-3-12.

          Two and three-family dwellings, subject to Section 40-2-2(E) Col. U/V.

          Multi-family residential buildings, subject to Section 40-2-2(E) Col. U/V.

          (B)               Permitted Accessory Uses.

          Any accessory use permitted and as regulated in the SR District.

          Storage of merchandise or inventory usually carried in stock; provided that such storage shall be located on the lot with the retail, service or commercial use, and shall be within a completely enclosed building.

          Service garage, only if in conjunction with and accessory and incidental to the sale of new automobiles.

 

 

          40-2-5        “B-2” GENERAL BUSINESS DISTRICT.

          (A)               Uses Permitted.

          Any use permitted and as regulated in the B-1 Business District, except that the following uses shall not be permitted:  Single-family dwellings; boarding and rooming houses; dormitories, fraternity and sorority houses; apartment hotels and mobile homes.

          Places of amusement and recreation including amusement parks.

          Automobile and/or agricultural implement sales, repair and service, subject to the provision of Section 40-3-11 and 40-3-12.

          Air conditioning equipment, custom fabrication and installation.

          Animal hospitals when conducted entirely within an enclosed building.

          Beverages, bottling.

          Book publishing, printing.

          Business machines, repair and service storage and wholesale.

          Candy, wholesale distribution.

          Carpenters’ shops and power woodworking.

          Carpet and rug cleaners and storage;

          Cement products, wholesale (pipe, blocks, etc.).

          Cleaning and dyeing processing.

          Cold storage.

          Contractors, equipment and material storage.

          Dairies, distributing and pasteurization.

          Decoration, workshop and equipment yards.

          Display, designers and builders’ shops.

          Drive-in restaurants.

          Dry cleaning establishment, bulk processing.

          Electric equipment, assembly and repair.

          Express companies, warehouses.

 

          Feed and seed stores.

          Food products, brokers, distributors and warehousing.

          Furniture, repairing and refinishing.

          Locksmith’s repair shop.

          Machine and equipment rental service.

          Newspaper printing.

          Photo-engraving company.

          Roofing materials, storage and sales.

          Sales of auto parts.

          Storage of automobiles.

          Storage yards, bulk material.

          Surgical supplies, wholesale distributor.

          Tents and awning manufacture.

          Trailer sales.

          Termite control contractor shops.

          Warehouses.

          Water softening equipment, service and repairs.

          Weighers, commercial.

          Welding, equipment and supplies, storage.

          Provided that neither junk yards, the dismantling of vehicles or the storage of dismantled vehicles, petroleum bulk plants, or outside storage of inflammable liquids or explosives, shall be permitted in this district; and provided further that adequate safeguards (structural, mechanical and locational) shall be provided to protect adjoining properties from the effects of noisome or injurious substances, conditions and operations as defined in Section 40-4-11.

          (B)               Permitted Accessory Uses.

          Any accessory use permitted and as regulated in the SR District.

          Commercial greenhouses.

          Storage of merchandise or inventory usually carried in stock, provided that all outdoor storage shall be completely concealed by a fence at least six (6) feet in height.

          Accommodations for caretakers, watchmen or custodians.


ARTICLE III

 

SUPPLEMENTARY USE REGULATIONS

 

DIVISION I - ACCESSORY USES

 

 

          40-3‑1          FENCES, WALLS AND HEDGES.  Fences, walls or hedges used for any purpose shall in all districts conform to the following:

          (A)                For the purpose of minimizing traffic hazards in areas zoned residential, no fence built in the Vision Clearance Area shall exceed three (3) feet in height above the street grade.  The vision clearance area is defined as a triangular area on a lot at the intersection of two streets, or the intersection of a street and driveway, two sides of which are lot lines measured from the corner intersection of the property lines to a minimum distance of fifteen (15) feet from their intersection and the third side of which is the line measured from the end points of each of the other two lines.

          No fence shall be installed in any yard that will obstruct the view of any window or opening in a habitable space of a dwelling.  A minimum distance of three (3) feet shall be maintained between any solid fence and any such window or opening in a dwelling.

(Ord. No. 12-1430; 06-19-12)

          (B)                No barbed wire or other such sharp pointed fence and no electrically charged fence shall be erected or maintained.

          (C)                No permanent fence or retaining wall shall be constructed or erected within any public street or alley right‑of‑way unless authorized by the Village Board.  Fences erected on public easement or across ditches shall be so constructed that drainage shall not be obstructed and, in event of necessity for removal of such fence for maintenance or other purpose, removal and/or replacement of such fence or other improvement shall be the responsibility of the property owner.

          (D)                Fences, wall or hedges in any district may be located on lot lines, provided such fences, walls and hedges do not exceed eight (8) feet in height.  (See 70 ILCS Secs. 605/2-1 through 2-13)  (Ord. No. 1360; 03-14-06)

 

 

          40-3‑2            HOME OCCUPATIONS.  In any district where home occupations are permitted, the establishment and continuance of a home occupation shall be subject to the following requirements:

          (A)                Such use shall be conducted entirely within a dwelling and carried on by the inhabitants there and no others.

          (B)                Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character thereof.

          (C)                The total area used for such purposes shall not exceed the equivalent of one-half (1/2) the floor area, in square feet, of the first floor of the user’s dwelling unit, if any; otherwise, the main floor of such dwelling unit.

          (D)                There shall be no advertising, display or other indications of home occupation on the premises, except the customary sign or nameplate for identification purposes only.

          (E)                There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, provided that incidental retail sales may be made in connection with other permitted home occupations.

 

          (F)                There shall be no exterior storage on the premises of material used in the home occupation, nor of any highly explosive or combustible material.

          (G)               There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

          (H)               A home occupation, including studios or rooms for instruction, shall provide additional off-street parking area reasonably adequate to accommodate needs created by the home occupation of not less than one (1) parking space for each three hundred (300) square feet of floor area devoted to the home occupation.  Such parking shall be provided on the same lot as the home occupation.

          (I)                For the purposes of this Section, provided all requirements contained herein are met, the following shall be considered home occupations;

                              (1)      Professional office except as otherwise provided

                              (2)      Art studio

                              (3)      Dressmaking or millinery

(4)      Teaching, with musical instruction limited to two (2) pupils at a time

                              (5)      Beauty parlor

          (J)                A home occupation shall not include the following:  clinic, hospital mortuary, funeral home, nursing home, barber shop, tea room, tourist home, antique shop, animal hospital, restaurant, veterinarian’s office, or use similar to any of the foregoing excluded uses.

 

 

          40-3-3        LIGHTING CONTROLS.  Any light used for the illumination of signs, parking area, swimming pools, or for any other purpose shall be arranged in such a manner as to direct the light away from neighboring residential properties and away from the vision of passing motorists.

 

 

          40-3-4        PARKING, OFF-STREET - ACCESS TO LOTS.

          (A)               Location of Parking Lots.  Parking areas whether opened or enclosed shall be provided upon the same lot containing the use for which they are required, or on separate lots as follow:

(1)      Within a two hundred (200) foot radius in all residential and B-1 Community Business Districts.

(2)      Within a five hundred (500) foot radius in the B-2 General Business District.

(3)      Such separate lots shall be classified as “parking lots” in determining whether they are permitted in a particular district.

(4)      Such separate lots and the lot containing the use for which they are required shall be held under unified ownership or controlled as required for a lot.

          (B)               Space Requirements.  Each off-street parking space shall not be less than nine (9) feet wide, twenty (20) feet long.

 

          (C)               Access Ways.

(1)      Unobstructed and direct access ways shall be provided from off-street parking to a street or alley, which access ways shall have a minimum width of at least eight (8) feet to a private garage, and ten (10) feet to a parking lot.  The alignments of access ways shall intersect the abutting street lines approximately at right angles (variations not to exceed twenty (20) degrees).

(2)      All parking aisles and parking spaces shall be entirely within the lot lines, and not on a public right-of-way.  Parking spaces shall be so arranged that no part of any vehicle overhangs the public right-of-way.

(3)      All parking areas in the B-1 and B-2 Districts shall be properly drained and paved with an all weather surface.

(4)      Required open or enclosed parking areas shall not be located in any required front yard or required side yard adjacent to a street.

(5)      No part of an off-street parking area required for any building or use for the purpose of complying with the provisions of this Code shall be included as a part of an off-street parking space similarly required for another building or use.

 

 

          40-3‑5        SWIMMING POOLS.

          (A)               Fences.  All private residential swimming pools shall be completely enclosed by a fence erected along the periphery of the pool walks.  All fence openings or points of entry into pool area enclosure shall be equipped with gates.  The fence and gates shall be constructed of a decay or corrosion resistant material and be four (4) feet in height.  All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate and made inaccessible to small children.  All fence posts shall be decay or corrosion-resistant and shall be set in concrete bases.  Said pool shall comply with the Zoning ordinances with respect to percentage of lot usage as contained therein.  (Ord. No. 12-1429; 06-19-12)

 

 

          40-3-6  -  40-3-8 RESERVED.

 

DIVISION II - USES

 

 

          40-3-9        SIGNS.

          (A)               All signs hereafter constructed, corrected, painted or otherwise established, moved, altered or changed within the Village shall comply with the following regulations and with Section 40-2-2(E) (Area-Bulk Schedule).

(1)      In any subdivision for which a plat has been filed for approval by the Village, non-illuminated subdivision signs may be erected subject to the following requirements:

(a)      Not more than two (2) such signs shall be permitted for any subdivision held in single or common ownership.

(b)      The total area of any such sign shall not exceed one hundred (100) square feet.  Said subdivision sign or signs may be displayed for a period of time not to exceed two (2) years from the date of issuance of the permit for the first building in the subdivision or the duration of the project, whichever is less, unless an extension for a specific additional period of time is granted by the Board of Zoning Appeals.

(2)      Temporary yard sale signs shall not remain in place for a period of more than ten (10) days.

(3)      Political signs are hereby permitted within the Village limits subject to the following regulations:

(a)      In the SR Districts, such sign’s facing shall be no larger than six (6) square feet.

(b)      Such signs shall be located as not to obstruct the vision of drivers on Village streets.

(c)      Each parcel under common ownership shall only display one (1) sign for any single candidate or proposition on each existing street frontage.

(d)      No political signs shall be placed on Village property, or on any portion of a platted or dedicated street or alley, public utility poles or traffic control devices or signs.

(e)      Political signs shall not be installed more than thirty (30) days prior to a general, primary or special election, and shall be removed within three (3) days after the election.

 

 

          40-3-10      CHURCHES AND PLACES OF FORMAL WORSHIP.  In any district where churches are permitted, the following additional requirements shall be met:

 

            (A)                   For each seventy-five (75) seats or fraction thereof (not including Sunday School accommodations), the site shall contain at least one-half (1/2) acre of land.

            (B)                   Each principal building shall be located at least twenty-five (25) feet from all property lines.  (See 805 ILCS Sec. 110/0.01 et seq.)

 

 

            40-3-11          GARAGES, REPAIR.  In repair garages, all repair work servicing, storage of parts and equipment and the dismantling of vehicles shall be done completely within an enclosed building, or shall be enclosed by a solid fence at least six (6) feet in height.

 

 

            40-3‑12           GASOLINE SERVICE STATIONS.  In districts where gasoline service stations are permitted, the establishment of such uses shall be subject to the following requirements:

            (A)                   All gasoline pumps, lubrication or similar devices and other service facilities shall be located at least twenty (20) feet from any street right‑of‑way line.

            (B)                   All fuel and oil storage, pumps or other such fuel or lubricant dispensing devices shall be located at least twenty (20) feet from any side or rear lot line.

            (C)                   No access drive shall be within two hundred (200) feet of a fire station, school, public library, church, park, playground, or other public assembly place.

            (D)                   No access or drive shall be within twenty (20) feet of any corner formed by the intersection of the rights-of-way of two (2) streets.  On a corner where a traffic signal or stop signs exists, such entrance or exit shall be located at such distance or such manner so as not to cause or increase traffic hazard or undue congestion.

            (E)                   A permanent curb of at least four (4) inches in height, shall be provided between the public sidewalk and the gasoline pump island, parallel to and extending the complete length of the pump island.

            (F)                   All devices for dispensing or selling milk, ice, cold drinks, and the like shall be located within, or immediately adjacent to the principal building.

 

 

            40-3‑13           JUNK YARDS.  In any district where junk yards are permitted, the establishment and/or maintenance of such uses shall be subject to the following requirements:

            (A)                   All storage of parts, equipment, and the dismantling of vehicles, shall be done within a completely enclosed building, or within an enclosure of a solid fence not less than six (6) feet in height.

            (B)                   Any junk yard shall be located not less than five hundred (500) feet from any residential district boundary.

 

            40-3-14          MOBILE HOMES.

            (A)                   Mobile Homes - Individual.

(1)       In any district where an individual mobile home is permitted, the individual mobile home shall be deemed to be a one-family residential structure, and shall comply with all requirements for a single family residential structure for the district in which it is located.

(2)       Prior to the placement (or replacement) of any and all individual mobile homes within the Village limits, a permit must be obtained from the Village Office and the site inspected by the Ordinance or Building Official to ensure compliance with all regulations, ordinances, rules, and laws of the Village, State of Illinois, and Federal Government.

(3)       Before a permit shall be considered to be issued by the Village for the placement of an individual mobile home, the applicant for said permit must obtain the signature of all property owners within four thousand (4,000) feet of the lot where the mobile home is to be placed or such placement is hereby prohibited.

 

(4)       Mobile homes more than ten (10) years old SHALL NOT be brought into the Village effective as of the date of this revised/amended ordinance.  Mobile homes presently within the Village that are over ten (10) years of age are not prohibited at their present location.

(5)       Mobile homes more than ten (10) years of age that are currently in the Village SHALL NOT be placed at another location within the Village, effective as of the date of this revised/amended ordinance.

(6)       Any mobile home brought into the Village must be Underwriter’s Laboratory and National Electrical Code approved; must be inspected by a qualified electrician approved by the Village and must be set up, hooked up to the Village utilities in accordance with all requirements for any residential structure in the Village, or in accordance with Section 40-4-14, except as provided in Section 40-3-14(B) and be inspected and ready for occupancy within forty-five (45) days from the time the mobile home is brought into the Village.  The Village will provide no services until the inspection has been completed.

(7)       Any individual mobile home shall be located on a permanent foundation as defined by Section 23-1-1 and shall be connected to public utilities.

(8)       Skirting shall be used to conceal all underpinning, plumbing, and support piers whether on a permanent foundation or otherwise.  All skirting shall be installed on all manufactured housing units within sixty (60) days of the placement of the unit.

(9)       A mobile home shall not be used as an accessory building.

(10)      No mobile home shall be located in the Village unless the unit has the National Manufacturers Housing Construction and Safety Standards Metal seal affixed thereto.

(11)      Existing mobile homes located within the Village limits, at the date of the adoption of this ordinance are “grandfathered” in at their present location.  All replacements or new mobile houses located within the Village limits must meet ALL requirements of this Section and any other relevant ordinance of the Village.

            (B)                   Temporary Parking - Mobile Homes.  The temporary parking of an individual mobile home is permitted subject to the following regulations:

(1)       An individual mobile home may be parked outside the public right-of-way, as not otherwise prohibited, for a period of seventy-two (72) hours provided that no such mobile home is parked nearer than twenty-five (25) feet to any right-of-way line abutting a public street.

(2)       An individual mobile home may be parked on a zoning lot for a period of two (2) weeks provided that:

(a)       Such individual mobile home is parked in compliance with all setback requirements from any lot line or right-of-way line.

(b)       A permit is secured by the property owners within seventy-two (72) hours from the Building Official of the Village, showing the date of issuance, name and address of property owner, address for which the permit is issued and the date of termination.

(c)        All such permits shall be returned to the Building Official on or before the date of termination.

(d)       Not more than three (3) permits shall be issued to any property owner during any calendar year except on approval of the Board of Zoning Appeals.

            (C)                   Parking for Inspection and Sales - Mobile Home.  A mobile home may be parked for inspection and sale on any lawful automobile or trailer sales lot.

(Ord. No. 13-1432; 02-19-13)

 

          40-3-15      TRAVEL TRAILERS.  The parking of not more than one (1) unoccupied camp trailer or utility trailer (not exceeding eight (8) feet wide and thirty-seven (37) feet long) in the rear yard only is hereby permitted; provided that no living quarters or businesses shall be maintained in any such camp trailer or utility trailer, and provided further that the parking of camp trailer or utility trailer shall comply with the yard requirements for accessory buildings of the district in which it is located.  The camp trailer or utility trailer must display a valid Illinois license plate.

 

 

          40-3-16      PUBLIC BUILDINGS.  In any district where municipally owned or other publicly owned buildings are permitted, the following additional requirements shall be met:

          (A)               In any residential district, all municipal or other publicly-owned buildings shall be located at least twenty-five (25) feet from all property lines.

          (B)               In any residential district, there shall be no permanent storage of heavy construction or maintenance equipment (such as excavating, road building, or hauling equipment), unless in an enclosed building or enclosed within a solid wall or fence at least six (6) feet in height.  Such storage areas, maintenance yards, or storage warehouses shall be located at least twenty-five (25) feet from any front or side property line.

 

 

          40-3‑17      PUBLIC UTILITY STATIONS; EXCHANGES; ESSENTIAL SERVICES.  Electrical substations, gas regulator stations or telephone exchange facilities in any residential district shall be subject to the following regulations:

          (A)               No public office, repair or storage facilities shall be maintained in connection with such substations or exchanges.

          (B)               The building housing any such facility shall be designed and constructed to conform to the general character of the neighborhood.

          (C)               The area on which the facility is located shall be landscaped and maintained in conformance with the general character of the surrounding area.

          (D)               Where all facilities and equipment are entirely within a completely enclosed building, the minimum lot may be as follows:  Lot width shall not be less than the total width of the building, plus the total of the minimum required side yards; lot depth shall not be less than the depth of the building, plus the minimum required front yard plus the five (5) foot minimum rear yard.

          (E)                Where facilities or equipment are located outside the completely enclosed building, no such facilities or equipment shall be located closer than fifteen (15) feet to any side or rear lot line.

          (F)                If transformers are exposed, there shall be provided an enclosing fence or wall, at least six (6) feet in height, and adequate to shield view and noise of the same to screen from the outside view the handling of materials on the premises.

 

          40-3‑18      SCHOOLS, PRIVATE AND PAROCHIAL.  In any district where private or parochial schools are permitted, the following additional requirements shall be met:

          (A)               For each one hundred (100) students or fraction thereof, the site shall contain one and one-quarter (1.25) acres of land.

          (B)               Each principal building shall be located at least twenty-five (25) feet from all property lines.


ARTICLE IV

 

GENERAL SUPPLEMENTARY PROVISIONS

 

 

          40-4-1        USES PERMITTED.  When a use or accessory use is not specifically listed in the sections devoted to “Uses Permitted”, it shall be assumed that such uses are expressly prohibited unless by a written decision of the Village Board it is determined that said use is similar to and is compatible with the uses listed and is expressly included as a use permitted in a zoning district.

 

 

          40-4-2        BULK OF BUILDINGS.  All buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum heights provisions when erected in accordance with all other Ordinances of the Village (as provided in Section 40-4-15).

 

 

          40-4-3        MAINTENANCE OF YARDS, COURTS AND OTHER OPEN SPACES.  The maintenance of yards, courts, and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence.  Furthermore, no legally required yards, courts, or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other building.

 

 

          40-4-4        DIVISION OF ZONING LOTS.  No improved zoning lot shall hereafter be divided into two (2) or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable regulations of the zoning district in which the property is located.

 

 

          40-4-5        ACCESSORY BUILDINGS.  No accessory building shall be used for residential purposes except as otherwise provided in this Code.

          (A)               No accessory building shall be used for residential purpose except as otherwise provided in this Code.

          (B)               For the purpose of protecting the character and stability of the residential and business areas of the Village.

          (C)               Any travel trailer, house trailer, vehicle truck trailer of any style including semi-truck trailers to be used as accessory buildings are not to exceed eight
(8) feet
wide and thirty-seven (37) feet long, and shall have wheels and axles removed, and shall be set on a permanent foundation, and shall conform with the surrounding neighborhood.  (Ord. No. 1316; 07-11-00)

 

 

          40-4-6        LOCATION OF REQUIRED OPEN SPACE.  All yards, courts, and other open spaces allocation to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

 

 

          40-4-7        REQUIRED YARDS FOR EXISTING BUILDINGS.  No yards now or hereafter provided for a building existing on the effective date of this Code shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirement of this Code for equivalent new construction.

 

 

          40-4-8        REDUCTION OF LOT - LIMITATION ON NUMBER OF PRINCIPAL BUILDINGS ON LOT.  No part of an area, frontage, or yard required for any lot, building or use for the purpose of complying with the provisions of this Code shall be included as an area, frontage or yard for another lot, building or use.  Except as otherwise specifically provided in this Code, only one (1) principal building shall be permitted on a lot.

 

 

          40-4-9        CORNER LOTS AND THROUGH LOTS.  For any through lot, both frontages shall comply with the front yard requirements of the district in which it is located.

 

 

          40-4-10      FRONTAGE REQUIREMENTS.  Any lot in any district shall have minimum frontage abutting a public street the width of which shall be the greater of:

          (A)               thirty (30) feet;

          (B)               the width of the building located on the lot; or

          (C)               The lot width required by the Zoning District in which the lot is located as shown in Section 40-2-2 (E).

 

 

          40-4-11      GENERAL PERFORMANCE STANDARDS.

          (A)               Any lot shall be properly graded for drainage and maintained in good condition, free from trash and debris.

          (B)               Noise emanating from any use shall not be of such volume or frequency as to be unreasonably offensive at or beyond the property line.  Unreasonably offensive noises, due to intermittence, beat frequency, or shrillness shall be muffled so as not to become a nuisance to adjacent uses.

 

          (C)               No obnoxious, toxic or corrosive matter, smoke, fumes or gases shall be discharged across the boundaries of any lot in which concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or to cause injury or damage to property or business.

 

 

          40-4-12      OCCUPANCY OF TEMPORARY STRUCTURES.  No temporary structure (including 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 Board of Zoning Appeals may, upon application therefore, permit the use of such temporary structure for such reasonable time and for such use as the Board 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.

 

 

          40-4-13      CONTIGUOUS PARCELS.  When two (2) or more parcels of land, each of which lacks adequate area and/or minimum dimensions to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous, and are held in one ownership, they shall be used as one zoning lot for such use.

 

 

          40-4-14      INDIVIDUAL WATER AND SEWAGE SYSTEMS.  In any district where individual water and sewage systems are used in place of public water and/or sewage facilities, the minimum lot area width and depth shall be subject to approval of the Village Board of Trustees but shall not be less tan required for the district in which the use is to be located or less than one (1) acre in area, whichever is greater; or have less frontage than one hundred twenty-five (125) feet.  When doubt exists with the Village Board as to the adequacy of the soil structure of the lot to properly accommodate an individual water and/or sewage system, the Village Board may require the property owner to obtain an opinion from a registered engineer as to the size of lot required for an individual water and/or sewage system to operate on the lot according to safe health standards.  If the findings of the engineer indicate that larger lots are necessary, the Village Board may require a lot size in excess of the minimum area defined previously in this paragraph.  (See 225 ILCS Sec. 225/1 - 225/23)

 

 

          40-4-15      MAXIMUM HEIGHT OF BUILDING - SPECIAL EXCEPTIONS.  The height limitations of this Code shall not apply to church spires, belfries, cupolas, penthouses or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, silos, parapet walls, cornices without windows, antennas, or necessary mechanical appurtenances usually carried above the roof level or to public buildings or structures located more than one (1) foot horizontally from the property line for each foot of building height.

 

          40-4-16      MINIMUM YARDS - EXCEPTIONS.  Subject to the requirements that there be a minimum distance of six (6) feet between any point on a principal building and any point on any principal building on an adjacent lot, the following exceptions shall apply:

          (A)               Cornices, chimneys, planters, or other similar architectural features may extend two (2) feet into a required yard.

          (B)               Open, unenclosed, uncovered porches at ground level may extend into a required yard not more than six (6) feet.

          (C)               Fire escapes may extend into a required yard not more than four (4) feet.

          (D)               Patios extending into required rear yards may be covered by a roof, but shall not be enclosed by walls.  Such patios shall extend no more than ten (10) feet into the required rear yard.

          (E)                Canopies, eaves, balconies, roof overhangs or other similar features not included in the foregoing parts of this Section, may extend into a required yard not more than four (4) feet.

 

 

          40-4-17      PUBLIC UTILITY DISTRIBUTION FACILITIES - EXCEPTION.  Public utility transmission and distribution facilities may be exempt from minimum rear yard requirements, except as provided for each Zoning District (subject to Section 40-3-17).

 

ARTICLE V - VARIANCES AND SPECIAL PERMITS

 

 

          40-5-1        GENERAL.  The Board of Zoning Appeals may, in accordance with the procedure set forth in this Article, grant special permits and variances from the operations of the regulations of this Code for the buildings, structures, and uses specified in this Article, provided, in each case, that:

          (A)               The special permit or variance is in substantial harmony with the purposes and intent hereof as declared in Section 40-1-2.

          (B)               The special permit or variance substantially complies with the specific requirements therefore as set forth in this Article and for the district in which the use is located.

          (C)               Satisfactory evidence is presented to the Board that the present or proposed situation of the building, structure development or use is reasonably necessary for the convenience and welfare of the public.

          In granting any special permit or variance, the Board may impose (in addition to other requirements) conditions for the reasonable protection of the immediate neighborhood or the Village from adverse effects of the use or building involved.

 

 

          40-5-2        SITE LOCATION.

          (A)               The site location of any building, structure, or use permitted by a special permit or variance shall have compatible relationship to the established street system and shall be such as to impose no greater traffic burden on streets than the streets can reasonably bear.

          (B)               The site of any building, structure or use permitted by a special permit or variance may be located partly outside the Village limits, provided that applicable requirements of the Village relative to utility permits and extensions and to annexation are complied with, and provided further, as to such part of the site outside the Village limits.

 

 

          40-5-3        PUBLIC BUILDINGS, AND PUBLIC UTILITY BUILDINGS OR STRUCTURES.  The Board of Zoning Appeals may permit any buildings, structure or use of the Village, the County, the Township, Public School District, University, or any State or Federal agency, or public utility in either a governmental or proprietary capacity, in any zoning district as the Board deems necessary for the convenience and welfare.  Such buildings, structures or use shall be subject to such of the requirements of the district wherein the buildings, structures or use is situated and to such of the other regulations applying to uses permitted in the development as the Board deems necessary to comply with the general provisions of Section 40-5-1 and 40-5-2 and to assure compatibility of the development with the character of its locality.

 

          40-5-4        HEARING ON APPLICATION.

          (A)               The Board of Zoning Appeals shall hear the application (or any modified application) in accordance with its usual procedure.  The Board may:

                              (1)      grant the application, with or without conditions;

                              (2)      deny the application; or

                              (3)      refer the application back to the applicant for modification.

          If the application is granted, a copy of the final plan shall be placed on file within the Village, clearly noting all conditions of approval and the date approved for issuance of a permit.  If the application is denied, the applicant shall not again apply for a permit for substantially the same proposal unless there has occurred a substantial change of circumstances, and in such case, only with the Board’s consent first obtained, otherwise not earlier than one (1) year after date of the denial.  If the application is referred back for modification, the applicant may resubmit the application in accordance with the directions of the Board, if any, otherwise in time for the next regular meeting of the Board.

          (B)               The Board of Zoning Appeals may revoke a permit issued under this Article if:

(1)      the proposal for which a permit has been issued is not carried out pursuant to the approved final site plan; or

(2)      if any condition or requirement included in the permit is not complied with.  The Board may, however, allow modifications of the final plan, before completion, in conformity with the applicable provisions for review as provided for in this Article.

          (C)               A permit issued under this Article shall expire if the proposal authorized by the permit is not completed within the development schedule therefore included in the application, or expiration.

          (D)               After the final plan has been completed, it shall be a permanent site plan and shall not be modified, nor shall any additions be made thereto, except with the applicable provisions of this Article.  (See 65 ILCS Sec. 5/11-13-7)

 

 

          40-5-5        USE VARIANCES AND SPECIAL PERMITS.

          (A)               General.  No use variance or special permit under this Article shall be granted by the Board of Zoning Appeals except in accordance with the procedure set forth in this Section.

          (B)               Application - Preliminary Site Plan.  Application for a use variance or special permit under this Article shall be made to the Board of Zoning Appeals on a form approved and furnished by the Board.  Such application shall include, among other pertinent information, two (2) copies of a preliminary site plan of the proposed site, to scale, showing:

(1)      the location, dimensions and character of all present and/or proposed buildings, structures and uses;

(2)      the location of adjacent pedestrian and vehicular traffic circulation;

 

(3)      the location of off-street parking and off-street loading;

(4)      type of proposed surfacing material for access ways and parking;

(5)      plan for pedestrian and vehicular traffic within the subject area with consideration given to the established street system serving the subject area, and to emergency vehicle access to each building;

(6)      perspectives of structures or other such drawings necessary to indicate the relative compatibility with immediate neighborhood as well as within the subject area;

(7)      general landscaping and screening plan;

(8)      location of public or private utilities proposed to serve the subject area;

(9)      proposed finished grade of the site; and

(10)    development schedule providing reasonable guarantees for the completion of the proposed development or other construction according to the development schedule.

 

ARTICLE VI

 

NONCONFORMING USES

 

 

          40-6‑1        CONTINUATION. 

          (A)               Any lawful building, structure, or use existing at the time of the enactment of this Code may be continued, even though such building, structure, or use does not conform to the provisions of this code for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, (subject to the provisions of Article VI).

          (B)               Any legal non-conforming building or structure may be continued in use provided there is no physical change other than normal maintenance and repairs, except as otherwise permitted herein.

          (C)               Any building for which a permit has been lawfully granted prior to the effective date of this Code, or of amendments hereto, may be completed in accordance with the approved plans; provided construction is started within ninety (90) days and diligently prosecuted to completion.  Such building shall be thereafter deemed to be a lawfully established building.

 

 

          40-6-2        CHANGE OR EXTENSION OF NONCONFORMING USE.

          (A)               A non-conforming use shall not be extended, but the extension of a conforming use to any portion of a nonconforming building shall not be deemed the extension of such nonconforming use.

          (B)               A nonconforming use shall not be changed to a use of the same or greater nonconformity with the district regulations of the district in which it is located, and when so changed to a use of a greater conformity shall not thereafter be changed to a use of lesser conformity.

          (C)               A nonconforming use shall not be altered, extended or restored so as to displace any conforming use.

 

 

          40-6-3        ABANDONMENT OR DISCONTINUANCE.

          (A)               Any nonconforming use of a building or premises which has been abandoned shall not thereafter be resumed and any future use on the premises shall be in conformity with the provisions of this Code.

          (B)               When any nonconforming use has been discontinued for a period of twelve (12) consecutive months, regardless of any intent to resume operations, such use shall not thereafter be resumed and any future use of the premises shall be in conformance with the provisions of this Code.

 

          40-6-4        REPAIRS, MAINTENANCE AND ALTERATION.

          (A)               Ordinary repairs and maintenance of a nonconforming building shall not be deemed an extension of such nonconforming building and shall be permitted.

          (B)               No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:

(1)      When the alteration is required by Law.

(2)      When the alteration will actually result in the elimination of the nonconforming use.

(3)      When a building in a residence district containing residential nonconforming uses may be altered in a way to improve livability, provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.

 

 

          40-6-5        RESTORATION.  If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent (50%) or more of its value at the time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located.  In the event the damage or destruction is less than fifty percent (50%) of its value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction.  In any event, restoration or repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction and diligently prosecuted to completion.

 

ARTICLE VII

 

BOARD OF ZONING APPEALS

 

 

          40-7-1        CREATION.  The “Board” when used in this Section shall be construed to mean Board of Zoning Appeals.  The Board shall consist of seven (7) members appointed by the Mayor by and with the consent of the Village Board of Trustees.  The terms of office shall be five (5) years; provided that the members of the first Board shall serve respectively for the following terms (or until their respective successor are appointed and qualified):  One (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years, one (1) for five (5) years, one (1) for six (6) years and one (1) for seven (7) years; and five (5) years each for those following the first appointment.  The Chairman of the Board shall be elected by a majority vote of the membership of the Board and shall hold his office as Chairman for a one (1) year term or until his successor is elected by a majority vote of the membership.  (See 65 ILCS Sec. 5/11-13-3)

 

 

          40-7-2        MEETINGS.  Meetings of the Board of Zoning Appeals shall be held at the call of the Chairman or any two (2) members, or at such times as the Board may determine.  All hearings conducted by said Board shall be open to the public.  The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or in absence or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions.  findings of fact shall be included in the minutes of each case of a request variation, special permit or planned building development and the reason for granting or denying such application shall be specified.  Every rule or regulation, every amendment or repeal thereof, and every order, requirement and interpretation, decision or determination of the Board shall be filed immediately in the office of the Board and shall be a public record.  The Board shall adopt its own rules and procedures, not in conflict with this Code or with Illinois statutes.

 

 

          40-7-3        APPEALS.  An appeal may be taken to the Board of Zoning Appeals by any person, firm or corporation, or by any officer, department, board, or bureau affected by a decision of the building and zoning official to this Code.  Such appeal shall be taken within such time as shall be prescribed by the Board of Zoning Appeals by general rule, by filing with the building and zoning official and with the Board of Zoning Appeals a notice of appeal, specifying the grounds thereof.  The building and zoning official shall thereupon transmit to the Board all papers constituting the record upon which the action appealed from was taken.  An appeal shall stay all proceedings in furtherance of action appealed from, unless the building and zoning official certifies to the Board of Zoning Appeals after the notice of appeal has been filed with him that by reason of facts stated in the certificate, the stay would, in his opinion, cause eminent peril to life or
property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Zoning Appeals or by a Court of Records on application, or notice to the building and zoning official and on due cause shown.  The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay.  Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.  The Board may reverse or affirm wholly or partly, or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the Board may decide to be fitting and proper to the premises.

 

 

          40-7-4        POWER AND DUTIES.  The Board of Zoning Appeals shall have all the powers and duties prescribed by law and by this Code, including the following.

          (A)               Interpretation.  Upon an appeal from a decision by any administrative official, to decide any question involving the interpretation of any provision or term of this Code, including the determination of the exact location of any district boundary if there is uncertainty with respect thereto.

          (B)               Variances.  To vary or adapt the strict application of any of the requirements of this Code in the case of exceptionally irregular, narrow, shallow, or steep lots, or other exceptional physical conditions, whereby such strict application would result in such practical difficulty and/or unnecessary hardship as would deprive the owner of the reasonable use of the land or building involved, but in no other case.  In granting any variance, the Board shall prescribe any conditions that it deems to be necessary or desirable for the public interest, convenience or welfare.  However, any Use Variance shall be subject to the applicable provisions of Section 40-5-5 of this Code, and no other variance in the application of any provisions of this Code shall be granted by the Board unless it finds:

(1)      That there are special circumstances or conditions fully described in the findings, applying to the land or buildings for which the variances are sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to the land or buildings in the neighborhood, and that said circumstances or conditions are such that strict application of the provisions of this Code would deprive the applicant of a reasonable use of such land or building;

(2)      That, for reasons fully set forth in the findings, the granting of the variances necessary for the reasonable use of land or buildings, and that the variance as granted by the Board is the minimum variance that will accomplish this purpose;

(3)      That the granting of this variance will be in harmony with the general purpose and intent of this Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.  In addition to considering the character and
use of adjoining buildings and those in the vicinity, the Board, in making its findings, shall take into account whether the condition of the subject premises is peculiar to the lot or tract described in the petition or is merely part of the general condition of the neighborhood which would appropriately be the proper jurisdiction of the Village Board of Trustees for consideration of rezoning of the area rather than a variance which would affect only a small segment of the area.

          (C)               Permits for Variances and Special Permits.  To issue or authorize permits for any of the uses or matter for which this Code allows or requires the obtaining of a variance or special permit from the Board of Zoning Appeals.

 

 

          40-7-5        PROCEDURE.

          (A)               The Board of Zoning Appeals shall act in accordance with the procedure specified by law and by this Code.  Four (4) members shall constitute a quorum, and, except as otherwise provided by this Code, an affirmative vote of at least four (4) members shall be necessary to authorize any action of the Board.  All appeals and applications to the Board shall be in writing.  Every appeal or application shall refer to the specific provision of the Ordinance involved, and shall exactly set forth the interpretation that is claimed, the use for which the variance or special permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.

          (B)               The Village may appear by any designated official of the Village Board of Trustees, and be heard as a party in interest in any hearing before the Board, and the Village may appeal any decision of the Board to a court of competent jurisdiction.

          (C)               Notice and Hearing.  No action of the Board of Zoning Appeals shall be taken on any case until after notice has been given that public hearing has been held as follows:

(1)      A notice of the time and date of said hearing and a brief summary of explanation of the subject matter of the hearing within the Village within at least fifteen (15) days prior to the hearing date.

(2)      Said notice in the foregoing Paragraph (1) shall be sent by first class mail at least ten (10) days prior to the hearing, to the applicant and owners of property in question in cases where a use variance or special permit is applied for.  In any other case, such notice shall be sent by first class mail at least ten (10) days prior to the hearing date merely to the applicant and owners and property abutting the property in question.

          (D)               Expiration of Permit.  Permit shall expire at such time as may be fixed by the Board; otherwise, one (1) year after the date of the permit.

 

          (E)                Costs.

(1)      Applications for interpretations or variances to the Board of Zoning Appeals, a fee of Fifty Dollars ($50.00) shall be charged by the Village for processing and the applicant must reimburse the Village for the cost of notice required in Section 40-7-5(C) prior to the date of the hearing.

(2)      Applications for use variances and special permits to the Board of Zoning Appeals, a fee of One Hundred Dollars ($100.00) shall be charged by the Village for processing and the applicant must reimburse the Village for the cost of notice required in Section 40-7-5(C) prior to the date of the hearing.


ARTICLE VIII - AMENDMENTS

 

 

          40-8‑1        GENERAL.  The Village Board of Trustees may, from time to time, on its own motion, on petition of any person or persons in interest, or on initial recommendation of the Zoning Board of Appeals, amend, supplement or repeal the regulations and provisions of this Code.

 

 

          40-8-2        THE ZONING BOARD OF APPEALS ADVISORY BOARD.  Any such proposed amendment or change, when initiated by the Village Board of Trustees or by individual petition, shall be referred to the Zoning Board of Appeals for an advisory report thereon.  When a proposed amendment or change is initiated by the Zoning Board of Appeals, said advisory report shall accompany the initial recommendation of the Zoning Board of Appeals.

 

 

          40-8-3        PROCEDURE BEFORE ZONING BOARD OF APPEALS.

          (A)               Public Hearing - Notice.  Before giving an advisory report or an initial recommendation on any proposed amendment, the Zoning Board of Appeals shall first conduct a public hearing thereon, the date and place of which shall be fixed in advance by the Zoning Board of Appeals at any regular or special meeting.  Notice of the time and date of such hearing and a brief summary or explanation of the subject matter of the hearing shall be given by publishing one (1) notice thereof in a newspaper of general circulation in the Village, such publication to be made at least fifteen (15) days prior to the public hearing.

 

 

          40-8-4        PROCEDURE BEFORE VILLAGE BOARD OF TRUSTEES.  After receiving the advisory report from the Zoning Board of Appeals and before acting on any proposed amendment, the Village Board of Trustees shall hold a public hearing on the proposed amendment at the next regular meeting of the Village Board of Trustees, unless the Village Board of Trustees shall otherwise specifically order that such hearing by it be held at a subsequent regular or special meeting.  Notice of the time and place of the public hearing before the Village Board of Trustees shall be made at least fifteen (15) days prior to the hearing in a newspaper of general circulation in the Village.

 

 

          40-8-5        SPECIAL PROCEDURES.

          (A)               All proposed amendments to this Code shall be filed with the Soil and Water Conservation Board as required by law.

 

          (B)               The favorable vote of at least two-thirds (2/3) of all the members of the Village Board shall be required to pass an amendment to this Code when proposed amendment is opposed in writing, by twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered.

 

 

          40-8-6        COSTS.  For individual applications for rezoning of lands, a fee of One Hundred Dollars ($100.00).  For applications for any other proposed change, such fee shall be Fifty Dollars ($50.00).  In any case, the applicant must reimburse the Village for the cost of notice required in Section 40-7-5(C) prior to the date of the hearing.

 

(See 65 ILCS Sec. 5/11-13-14 for additional restrictions)


ARTICLE IX - ENFORCEMENT AND ADMINISTRATION

 

 

          40-9-1        ENFORCEMENT BY BUILDING AND ZONING OFFICIAL.  Except as otherwise provided in this Code, the Building and Zoning Official of the Village shall administer and enforce this Code including the receiving of applications, the inspection of premises and the issuing of permits and certificates of occupancy.  No permit or certificate of occupancy shall be issued by the Building and Zoning Official except where the provisions of this Code have been complied with.

 

 

          40-9-2        RIGHT OF ENTRY.  The Building and Zoning Official or any duly authorized person, shall have the right to enter upon any premises at any reasonable time prior to and upon completion of the building or other improvements, for the purpose of making inspections to carry out his duties in the enforcement of this Code.

 

 

          40-9-3        STOP ORDER.  Whenever any building work is being done, or uses established, altered or otherwise changed in a manner contrary to the provisions of this Code, the Building and Zoning Official or other authorized person, may order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Building and Zoning Official to proceed.

 

 

          40-9-4        PROSECUTION.  Whenever a violation of this Code occurs, any person, including the Building and Zoning Official or any other duly authorized Village official or personnel, in addition to and not by way of limitation of other remedies available, may file a complaint therefor in the court of appropriate jurisdiction.  The Building or Zoning Official or his deputy or assistant, may also issue and/or serve a summons, citation, or other process issued by the court of appropriate jurisdiction for any such violation and may prosecute the violator therefor in said court.

 

 

          40-9-5        PERMITS.  There shall be submitted with all applications for building or zoning permits, two (2) copies of a layout or site plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory building to be erected and such other information as may be necessary to determine and provide for the enforcement of this code.

 

          40-9-6        PAYMENT OF FEE.  One (1) copy of such layout or site plan shall be returned when approved by the Building and Zoning Official, together with such permit to the applicant, upon the payment of a fee of the following schedule of fees:

          (A)               Non-Residential Permit:  Twenty-Five Dollars ($25.00) to include room additions.

          (B)               Residential Permit:  Fifty Dollars ($50.00).

          (C)               Multi-Family or Commercial Permits:  One Hundred Dollars ($100.00).

          If permit is denied, fifty percent (50%) of fee shall be refunded to applicant.

 

(Ord. No. 1372; 06-27-06)

 

ARTICLE X - MISCELLANEOUS

 

 

          40-10-1      PENALTIES.  A violation by any person, corporation or otherwise, whether as principal, agent, employee, or otherwise, of any provisions of this Code shall be a misdemeanor and will be subject to a fine up to Seven Hundred Fifty Dollars ($750.00) or imprisonment of a period not to exceed ninety (90) days, or both.  Each day of the continued violation shall constitute a separate additional violation.  If more than one provision is violated, each provision violated shall be considered a separate misdemeanor, and each shall be liable to maximum penalties as herein specified.  Nothing herein shall limit any other right or remedy of the Village or other person in interest, including the right to obtain an injunction of any violation from a court of competent jurisdiction.

 

 

          40-10-2      SEPARABILITY.  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 Village Board of Trustees hereby declares that it would have enacted the remainder of this Code even without any such part, provision, section or application.

 

 

          40-10-3      EFFECTIVE DATE.  This Code shall take effect on August 23, 1996.

 

 

          40-10-4      FIGURES (SKETCHES AND ILLUSTRATIONS).  The following figures numbered one (1) and two (2) inclusive, contained in this Section shall form an integral part of this Code and shall be included as part of the requirement of any provision of this Code wherein reference to such figure is made.

 

(See Ord. No. 96-1297; 07-23-96)