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Annawan City Zoning Code

CHAPTER 4

GENERAL PROVISIONS

10-4-1: ZONING AFFECTS EVERY STRUCTURE AND USE:

Except as hereinafter provided, no building, structure, or land shall be erected, constructed, reconstructed, occupied, moved, altered, repaired, or used except in conformity with the regulations hereinafter specified for the class of district in which it is located. (Ord. 244, 6-10-2003)

10-4-2: LOT REQUIREMENTS:

   A.   Minimum Street Frontage: No lot shall be created after the adoption date hereof unless it abuts on a public street and has access thereto of that minimum frontage set forth by section 10-6-3 of this title.
   B.   Lot Of Record: In any residential district on a lot of record at the time of enactment of this title, one single-family dwelling may be established regardless of the size or width of the lot, provided all other requirements of this title are complied with.
   C.   Number Of Buildings On A Lot: Except in the case of planned unit developments, motels, or mobile home parks, not more than one principal detached building shall be located on a lot nor shall a principal detached residential building be located on the same lot with any other principal building.
   D.   Lots Unserved By Sewer And/Or Water: In any district where neither central water supply nor central sewerage system is available within two hundred feet (200') of the proposed lot, one single-family detached dwelling may be constructed, provided the otherwise specified lot area and width requirements shall be a minimum of one acre and two hundred feet (200') respectively. (Ord. 244, 6-10-2003)

10-4-3: ACCESSORY BUILDINGS:

   A.   Time Of Construction: No accessory buildings, structures, or uses shall be permitted on any lot prior to the time of construction of the principal building to which it is accessory.
   B.   Percentage Of Yard Occupied: No detached accessory building or buildings shall occupy more than fifty percent (50%) of the area of a side or rear yard.
   C.   Height Of Accessory Building: No detached accessory building or structure shall be exceeding ninety percent (90%) of the height of the principal building or structure or seventeen feet (17'), whichever is less.
   D.   Size Of Accessory Buildings: A lot may contain more than one accessory building, as long as the terms of this and all other sections of the zoning ordinance are complied with. No single accessory building larger than nine hundred sixty (960) square feet of ground or floor area shall be permitted in the R-1 through R-2 districts, except private garages may be provided four hundred eighty (480) square feet per unit on multi-family lots.
   E.   Location On Lot: No accessory building shall be erected in any front yard. Accessory buildings shall be no closer than eight feet (8') from all lot lines adjoining lots which are in any residential district and at least fifteen feet (15') from alley lines. It shall not encroach upon the required side yard. No accessory building is permitted on easement areas. (Ord. 244, 6-10-2003)

10-4-4: REQUIRED YARD CANNOT BE REDUCED OR USED BY ANOTHER BUILDING:

No lot, yard, or other open space shall be reduced in area or dimension as to make any such area or dimension less than the minimum required by this chapter and, if already less than the minimum required, it shall not be further reduced. (Ord. 244, 6-10-2003)

10-4-5: CONVERSION OF DWELLINGS:

The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families shall be permitted only within a district in which a new building for similar occupancy would be permitted under this title and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open space, and off street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter within the chapter applying to such districts. (Ord. 244, 6-10-2003)

10-4-6: TRAFFIC VISIBILITY:

In a residential district, no fence, structure, or planting which obstructs vehicular visibility shall be erected or maintained within a required front yard setback area. (Ord. 244, 6-10-2003)

10-4-7: MOBILE HOMES:

All uninhabited mobile homes or house trailers shall be located in a mobile home court or park that has received a conditional use permit as required by chapter 11 of this title. No mobile home or house trailer outside an approved mobile home court or park shall be connected to utilities except those mobile homes or house trailers being offered for sale by a licensed dealer or manufacturer and not inhabited which may be connected to electrical outlets on the dealer's sales lot. (Ord. 244, 6-10-2003)

10-4-8: VALIDITY OF EXISTING BUILDING PERMITS:

Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated uses of any development, building structure or part thereof for which the official approvals and required building permits have been granted before the enactment of this title, the construction of which, conforming with such plans, shall have been started prior to the effective date of this title and the completion thereof carried on in a normal manner within the subsequent six (6) month period and not discontinued until completion except for reasons beyond the builder's control. (Ord. 244, 6-10-2003)

10-4-9: RESIDENTIAL USE OF BASEMENTS AND CELLARS:

The residential use of buildings or structures consisting solely or primarily of a basement or cellar which is part of a conventionally designed building shall comply with all other applicable building, health, fire, safety, and housing regulations. (Ord. 244, 6-10-2003)

10-4-10: FLOOD HAZARD AND OBSTRUCTION OF WATERCOURSE CHANNELS:

   A.   Flood Hazard: In any district which is subject to flood hazard, a building permit of any structure shall be issued only when the construction meets the requirements of the floodplain regulations.
   B.   Obstruction Of Watercourse Channel: To prevent encroachment upon or construction in river or creek channels and thereby avoid obstruction to the natural conveyance of water flow in such rivers, creeks, and other natural watercourses, there shall not be placed, erected, or located within the designated floodplain of such watercourses any building or structure, pier, or marina, retaining or revetment wall, except authorized bridges or dams. In addition, there shall not be placed any filling of earth, ashes, rubbish, rubble, concrete, masonry, or any other kind of fill, except as provided by the Annawan flood control regulations. (Ord. 244, 6-10-2003)

10-4-11: FENCES:

   A.   Definition: A "fence" is a structure which is a barrier used to mark a boundary or as a means of protection, confinement, screening, or decoration.
   B.   Fences In Residential Yards: Fences, walls, hedges, and other plantings are permitted in residential yards under the following restrictions:
      1.   Front yard and side yard to the rear of the house shall be no more than three feet (3') in height. From the rear of the house no more than six feet (6'), up to the front boundary of the yard. No hedges, fence or other plantings (or any portion thereof) will exceed three feet (3') in height within three feet (3') of any street or sidewalk.
      2.   All other fences, walls, hedges, and other plantings shall not exceed six feet (6') in height above the natural grade level in any yard. No such fence, wall, hedge, or other planting shall be permitted to obstruct traffic visibility on corner lots or other alley or driveway entrances, and hedges, fence and other planting shall be maintained.
      3.   All fences, walls, hedges, and other plantings shall specifically comply with any state statues regarding height and positioning along roads, streets, and highways within the jurisdiction of the state of Illinois.
   C.   Security Fences: Security fences are permitted in nonresidential yards up to the property line of a lot with a one foot (1') setback. Such fences shall not exceed ten feet (10') in height. No such fences shall be permitted which would obstruct traffic visibility on corner lots or other alley or driveway entrances.
   D.   Barbed Wire Fences: No fence consisting or made of barbed wire, or of which barbed wire is a part, or any wire which is charged with electrical current, shall be built or used in residential zones. In business and industrial zones, barbed wire may be placed seven feet (7') or more above the ground when placed in conjunction with a woven wire security fence.
   E.   Swimming Pools: Every person who owns or is in possession of any premises on which there is situated a swimming pool, either inground or aboveground, with a filtration system, which has a water depth of eighteen inches (18") or more in any portion thereof, shall maintain on the lot or premises upon which such swimming pool is situated a fence, wall, or other adequate structure completely surrounding the pool and constructed so as to make it inaccessible to small children. The fence, wall or other structure must be not less than four feet (4') in height, with no openings large enough to admit a child except through doors or gates. However, this minimum height requirement shall not be constructed to permit swimming pool fences with a maximum height higher than six feet (6'), as set forth in this title. All doors and gates in fences surrounding swimming pools shall be of such a size to completely fill any opening in the fence, wall, or other structure and shall be equipped with self-closing and self-latching devices capable of keeping such gate or door securely closed. The closing or latching devices shall be located not less than four feet (4') above grade or be otherwise inaccessible from the outside to small children. In lieu of self-closing and self-latching devices, the doors and gates must be equipped with locks which shall be kept locked at all times when the pool is not in actual use.
   F.   Nonapplicable Provisions: The provisions of this section shall not be applicable to fences, walls, hedges, or other plantings which are in existence when this title is adopted, unless the building inspector of the village of Annawan determines that such fence, wall, hedge, or other planting constitutes a danger to public health or safety. The determination of the building inspector shall be in writing and set forth the reasons the fence, wall, hedge, or other planting constitutes such a danger. A copy of written determination shall be mailed to the owner of the premises on which the fence, wall, hedge, or other planting is situated. Such owner may appeal the determination in accordance with the provisions of chapter 11 of this title. (Ord. 244, 6-10-2003)

10-4-12: ADULT LIVE ENTERTAINMENT:

No establishment or business shall permit adult live entertainment nor conduct business as an adult mini-motion picture theater or adult motion picture theater within the boundaries of the village of Annawan. (Ord. 244, 6-10-2003)

10-4-13: SEVERABILITY:

If any provisions or part of this title should be held unenforceable by a court of competent jurisdiction, the remainder of the provisions herein contained shall be deemed to continue in full force and effect. (Ord. 244, 6-10-2003)