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Barry City Zoning Code

CHAPTER 5

ZONING DISTRICT REGULATIONS

10-5A-1: INTENT:

Agricultural zoning is intended to protect prime agricultural soil and valid agricultural enterprises. It is intended to prevent or minimize conflicts between agricultural and nonagricultural land uses. Its effect is to restrict and control the infiltration of urban development into areas generally devoted to agriculture so that the continuance of this activity may be assured for the foreseeable future. It is essential that scattered, indiscriminate urban development with areas best suited for agriculture be precluded and that orderly urban development be facilitated. For these reasons, the following regulations of this Article shall apply. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5A-2: PERMITTED USES:

No building, structure or land shall hereafter be used and no building or structure shall hereafter be erected, structurally altered, or enlarged except for the following uses:
Agricultural activity, including field crops, livestock, horticulture, nurseries, greenhouses, orchards, general farming, dairy operations, and other farm-related activities.
Churches, cemeteries, rectories, convents and retreat centers.
Rural, nonfarm single-family dwellings are permitted on lots of record.
Schools: public, parochial, trade, and junior college.
Solar farms and gardens. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990; Ord. 4-2023, 3-6-2023)

10-5A-3: PERMITTED ACCESSORY USES:

Uses customarily incident to any of the listed permitted uses may be continued, specifically the following:
Any building or structure customarily incidental to any of the aforesaid permitted uses.
Customary home occupations including handicrafts, dressmaking, millinery, preserving, and home cooking; provided, that such occupation shall be conducted exclusively by resident occupants.
Parking facilities, garages, carports, or other parking spaces for the exclusive use of the residents on the premises, and their guests.
Professional office or studio in the residence of an architect, artist, dentist, engineer, lawyer, physician, planner, scientist, teacher, or other member of a recognized profession, including beauty parlors, barber shops, and preschool nurseries; provided, that not more than one-half (1/2) of the floor area of one floor of the dwelling is devoted to such accessory use; that not more than one person not a resident of the premises is employed; that no such use shall require structural alterations or involve construction features not customarily in dwellings. An unlighted nameplate not more than six (6) square feet in area, attached flat against the building, shall be permitted.
Residence of the owner, or owners, or lessee or lessor of the land upon which the use is conducted.
Summer houses and living quarters used by persons employed on the premises, without kitchen facilities and not rented or otherwise used as a separate dwelling.
Swimming pools exclusively for the use of the residents on the premises, and their guests.
Temporary produce stands on any premises used for agricultural purposes. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5A-4: CONDITIONAL USES:

The following conditional uses may be established in an Agricultural District, subject to the securing of a use permit as provided in Section 10-2-4 of this Title, "Building And Use Permits":
Automobile service stations, auto repair garage, farm implement sales and service, food store, and other retail stores and services that are necessary to the every day function of agricultural activity.
Extraction of coal, oil, gas, sand, gravel, and limestone in accordance with the provisions of a reclamation plan approved by the County Board.
Fertilizer, chemical, liquid petroleum products, and bottled gas storage operations.
Hospital, nursing home, sanitarium, and other health institutions.
Mobile home park in accordance with the provisions of Chapter 8 of this Title.
Wildlife areas, open space, country clubs, regional or County recreation areas, and other such pastoral uses. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5A-5: AREA REGULATIONS:

In District A, all regulations concerning the height of buildings; lot areas; lot width; front yard, side yard and rear yard dimensions shall be as shown in the schedule in Chapter 6 of this Title. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5B-1: INTENT:

The R-1 District is intended and designed to provide for low- density residential areas now developed with single-family detached dwellings and adjoining vacant areas likely to be developed for such purposes. The regulations are designed to stabilize such areas and to promote a suitable environment for family life. For these reasons, the following regulations of this Article shall apply. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5B-2: PERMITTED USES:

No building, structure or land shall be used and no building or structure shall hereafter be erected, structurally altered or enlarged except for the following uses:
Cemetery.
Churches and other places of worship, including religious education centers, rectories, convents, buildings and other associated structures.
Fire stations, only on major thoroughfares.
Funeral homes.
Mobile home parks, in accordance with the provisions of Chapter 8 of this Title.
Private, parochial, and trade schools, colleges on property which abuts on major thoroughfares.
Public elementary schools and nursery schools.
Public parks, playgrounds, swimming pools, community centers, athletic fields, and recreation buildings therein.
Public secondary schools.
Single-family detached dwellings. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5B-3: PERMITTED ACCESSORY USES:

Uses customarily incident to any of the listed permitted uses may be continued, specifically the following:
Customary home occupations including handicraft, dressmaking, millinery, laundry, preserving and home cooking; provided, that such occupations shall be conducted exclusively by the resident occupant; that not more than one-half (1/2) of the area of one floor of said residence shall be used for such purposes; that no structural alterations or construction involving features not customarily found in dwellings are required. An unlighted sign not more than six (6) square feet in area, attached flat against the building, is permitted.
Private garage or carport.
Professional office or studio in the residence of an architect, artist, dentist, engineer, lawyer, physician, planner, scientist, teacher, or other member of a recognized profession, including beauty parlors, barber shops, and preschool nurseries; provided, that not more than one-half (1/2) of the floor area of the dwelling is devoted to such accessary use; that not more than one person not a resident of the premises is employed; that no such use shall require structural alteration or involve construction not customarily in dwellings. An unlighted nameplate not more that six (6) square feet in area, attached flat against the building, is permitted.
Sign. One sign not exceeding thirty six (36) square feet in area referring to the construction, lease, or sale of a building, premises or subdivision lot. The sign shall refer to property on which the sign is located and shall be removed as soon as the premises is sold or leased or construction is completed.
Temporary buildings for use during the construction of a specific permitted use which, upon completion or abandonment of the construction work, shall be removed. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5B-4: CONDITIONAL USES:

The following conditional uses may be established in an R-1 Single-Family Residential District, subject to the securing of a use permit as provided in Section 10-2-4 of this Title, "Building And Use Permits":
Agricultural uses, including nurseries, gardening, and greenhouses, but not including commercial feed lots, commercial truck gardening, animal sale and shipping facilities, animal, fish, and poultry slaughtering and dressing.
Clinics.
Hospitals or nursing homes, that not more than fifty percent (50%) of the site area may be occupied by buildings, and the buildings shall be set back from all required yard lines an additional foot for each foot of building height (see table of yard regulations in Chapter 6 of this Title).
Mobile home parks in accordance with the provisions of Chapter 8 of this Title.
Private clubs, fraternities, sororities, or lodges.
Private recreation facility. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5B-5: AREA REGULATIONS:

In District R-1, all regulations concerning the height of buildings; lot area; lot width; front yard, side yard and rear yard dimensions shall be as shown in the schedule in Chapter 6 of this Title. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5C-1: INTENT:

The R-2 Two-Family and Multiple-Family Residential District is designed to allow a high-density residential development designed specifically for duplexes or single-family dwellings in clusters or groups, commonly referred to as "rowhouses" or "townhouses". For these reasons, the following regulations of this Article shall apply. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5C-2: PERMITTED USES:

No building, structure or land shall hereafter be used and no building or structure shall hereafter be erected, structurally altered or enlarged except for the following uses:
All uses in the R-1 Single-Family Residential District.
Duplex dwelling units.
Multiple-family dwellings for any number of families or housekeeping units, including rowhouses; provided, that the minimum width of each individual dwelling unit in any rowhouse, measured from interior wall to interior wall along the exterior front wall, shall not be less than eighteen feet (18').
Professional offices and offices of financial, insurance, real estate, civic, educational, religious, and philanthropic organizations, for single or multiple occupancy, but excluding any display of merchandise or retail activity, barber shops, beauty parlors, and schools of any kind with organized classes and similar activity. All buildings shall be bona fide home office buildings with the exception that any person may maintain an office or carry on a customary home occupation in the dwelling used by him as his private residence, provided such does not involve any outward evidence of such other than an unlighted sign not over six (6) square feet in area attached flat against the building.
Single-family dwelling groups or clusters that do not collectively exceed the total area regulations of the zoning district. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5C-3: PERMITTED ACCESSORY USES:

Uses customarily incident to any of the listed permitted uses may be continued, specifically the following:
Any accessory use or structure permitted and as regulated in the R-1 District, and any accessory use or structure customarily incident or accessory to a principal or conditional use in the R-2 District.
Roomers not to exceed four (4) roomers or boarders by resident family. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5C-4: CONDITIONAL USES:

The following conditional uses may be established in an R-2 Two-Family and Multiple-Family Residential District subject to the securing of a use permit as provided in Section 10-2-4 of this Title, "Building And Use Permits":
Any conditional use or structure permitted and as regulated in the R-1 District. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5C-5: AREA REGULATIONS:

In District R-2, all regulations concerning the height of buildings; lot area; lot width; front yard, side yard and rear yard dimensions shall be as shown in the schedule in Chapter 6 of this Title. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5D-1: INTENT; REGULATIONS:

   A.   Intent: This District has been determined by the Illinois State Historical Society to have special historical or architectural significance.
   B.   Regulations: The regulations for this District will be the same as R-1 Single-Family Residential District, with the exception of mobile home parks as listed in Section 10-5B-2 of this Title. There will be no mobile homes allowed in this historical district. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5E-1: INTENT; REGULATIONS:

   A.   Intent: This District has been determined by the Illinois State Historical Society to have special historical or architectural significance.
   B.   Regulations: The regulations for this District will be the same as B-1 General Business District. No mobile homes shall be allowed in this District. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5F-1: INTENT:

The B-1 Business District is designed primarily to accommodate business and retail centers which are not designed according to an overall plan or are not under a single entity. The B-1 District should provide for a variety of retail activities and could act as a banking and financial center, as an entertainment and hotel center, or as a center for professional and business offices. For these reasons, the following regulations of this article shall apply. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5F-2: PERMITTED USES:

No buildings, structures, or land shall hereafter be used and no building or structure shall be hereafter erected, structurally altered or enlarged except for the following uses:
Banks and savings and loan companies.
Barbershops and beauty parlors.
Bowling alleys.
Brew pub.
Bus terminal facilities.
   Clothing or wearing apparel shops.
Food processing.
Gasoline service stations and repair and service shops for motor vehicles.
   Grocery stores, supermarkets, and drugstores.
   Hotels.
Laundries, dry cleaning establishments and self-service laundries.
   Medical cannabis dispensing organizations.
Microbrewery.
   Offices for public or private use.
   Post offices and government buildings.
   Public and private parking lots.
Residential uses in upper floors of multi-story buildings.
   Restaurants.
   Shoe repair shops.
   Theaters.
   Wholesale and warehousing establishments.
Any other retail uses. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990; amd. Ord. 2014-4, 7-2-2014; Ord. 2015-05, 8-10-2015)

10-5F-3: PERMITTED ACCESSORY USES:

Uses customarily incident to any of the listed permitted uses may be continued, specifically the following:
Accessory uses in structures customarily accessory to and incidental to any of the foregoing permitted B-1 District uses.
Outdoor advertising for service stations or parking lots and other predominantly open commercial land uses to the extent that one freestanding identification sign not to exceed twenty feet (20') in height may be included. Such sign shall be set back not less than twelve feet (12') from any right-of-way line and shall not project over any such right-of-way. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5F-4: CONDITIONAL USES:

The following conditional uses may be established in a B-1 Business District, subject to the securing of a use permit as provided in section 10-2-4, "Building And Use Permits", of this title:
   Building repair and maintenance services.
Commercial art studios, animal hospitals and veterinary clinics.
   Construction companies and yards.
Trade or business schools; provided, that the machinery used for instruction is not objectionable due to smoke, noise, fumes, odor, or vibrations. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5F-5: AREA REGULATIONS:

In the B-1 District, all regulations concerning height of buildings; lot areas; lot width; front yard, side yard and rear yard dimensions shall be as shown in the schedule in chapter 6 of this title. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5F-6: MOBILE HOMES PROHIBITED:

There will be no mobile homes allowed in this district. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5G-1: INTENT:

The B-2 highway business district is designed to encourage the functional grouping of those commercial enterprises catering primarily to either "local" or "through" highway travelers and to prevent, therein, location of other uses incompatible with these. For these reasons, the following regulations of this article shall apply. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5G-2: PERMITTED USES:

No buildings, structures or land shall hereafter be used and no building or structure shall hereafter be erected, structurally altered, or enlarged except for the following uses:
Any permitted use in the B-1 business district, except sign height shall not exceed seventy feet (70').
   Automobile sales and service.
Farm implements and agricultural sales and service establishments, including feed, fertilizer, seeds and petroleum products.
   Medical cannabis cultivation centers.
   Medical cannabis dispensing organizations.
Motels, motor-hotels, and other establishments offering commercial lodging.
Restaurants and drive-in eating and drinking establishments.
Stadiums, arenas, dance halls, skating rinks and other places of assembly. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990; amd. 1997 Code; Ord. 2014-4, 7-2-2014)

10-5G-3: PERMITTED ACCESSORY USES:

Uses customarily incident to any of the listed permitted uses may be continued, specifically the following:
Any accessory use or structure customarily incident and accessory to any of the foregoing permitted B-2 district uses. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5G-4: CONDITIONAL USES:

The following conditional uses may be established in a B-2 highway business district, subject to the securing of a use permit as provided in section 10-2-4, "Building And Use Permits", of this title:
Contractors' yards and related builders' supply establishments.
Junkyards and salvage yards. Any junkyard or salvage yard which offers to the public at retail any new or used merchandise shall provide at least two (2) parking spaces per one hundred (100) square feet of retail floor space.
Outdoor amusement and recreational enterprises, including, but not limited to, drive-in theaters, fairgrounds, and auto tracks.
Truck terminals and bus stations. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5G-5: AREA REGULATIONS:

In district B-2, all regulations concerning the height of buildings; lot area; lot width; front yard, side yard and rear yard dimensions; off street loading permitted on any lot shall be as shown in the schedule in chapter 6 of this title unless otherwise stated more restrictively in other chapters or articles of this title. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5H-1: INTENT:

The I-1 industrial district is established to provide areas for manufacturing, light industrial, and related commercial operations and the primary use of land. Such uses may have some adverse effects on surrounding properties and are not compatible with residential, institutional and retail uses. Heavy truck traffic, loading and unloading operations are expected to be part of this district. For these reasons, the following regulations of this article shall apply. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5H-2: PERMITTED USES:

No building, structure, or land shall be used and no building or structure shall hereafter be erected, structurally altered or enlarged except for the following uses:
   Automobile and truck service stations.
   Blacksmith shops, welding shops, and machine shops.
   Industrial research laboratories.
Living quarters for bona fide caretakers and/or watchmen and their families. All other dwelling or living quarters are expressly prohibited.
   Lumberyards.
   Medical cannabis cultivation centers.
Railroad yards, truck terminals, river port facilities and other facilities needed for the normal operations of the industrial plants.
Retail commercial establishments which are a necessary convenience to the industries and their employees.
   Sanitary landfills and rendering plants.
   Stockyards.
Structures and facilities for assembly, baking, blending, bottling, canning, compounding, crafting, distillation, enameling, finishing, manufacturing, parking, printing, processing, refining, and storage of materials and products. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990; amd. Ord. 2014-4, 7-2-2014)

10-5H-3: PERMITTED ACCESSORY USES:

Uses customarily incident to any of the listed permitted uses may be continued, specifically the following:
Accessory uses clearly incident to a permitted use and which would not create a nuisance or hazard. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5H-4: CONDITIONAL USES:

The following conditional uses may be established in an I-1 industrial district subject to the securing of a use permit as provided in section 10-2-4, "Building And Use Permits", of this title:
   Forge or foundry works.
   Incinerators.
   Motor vehicle assembly.
   Slag piles.
Steam power plant, except where accessory to a permitted principal use.
Structure and facilities for the manufacture of acid, asbestos, brick pottery, tile, terra cotta, candles, starch, glucose, disinfectant, insecticide, poison, sandpaper, jet engines, line or line products, paper and pulp, and excelsior wood fiber and sawdust products.
Any other use which is determined by the planning commission to be of the same general character, with respect to the emission of dangerous and offensive elements, as the uses listed above. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5H-5: SPECIAL REGULATIONS:

   A.   Processing And Storage Within Building: All processing and storage shall take place within completely enclosed buildings.
   B.   Open Storage; Exception: Storage, auxiliary to the principal use, is permitted in the open if such storage activities occupy no more than twenty percent (20%) of the gross lot area.
   C.   Fencing And Screening: Screening shall be provided at lot boundaries abutting a residential zoning district, and may consist of solid fencing, or dense hedge or shrubs to a minimum of six feet (6') in height. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)

10-5H-6: AREA REGULATIONS:

In district I-1, all regulations concerning the height of buildings; lot areas; lot width; front yard, side yard, and rear yard dimensions shall be as shown in the schedule in chapter 6 of this title. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990)