Belgium Village City Zoning Code
ARTICLE II
General Provisions
§ 270-8 Jurisdiction.
The jurisdiction of this chapter shall apply to all structures, lands, water, and air within the corporate limits of the Village of Belgium.
§ 270-9 Compliance required.
No structure, land, water, or air shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a building permit and without full compliance with the provisions of this chapter and all other applicable local, county, and state regulations.
§ 270-10 Use regulations.
The following use regulations shall apply:
A.
Principal uses. Only those principal uses specified for a district, their essential services, and the following uses shall be permitted in that district.
B.
Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade, or industry, except home occupations and professional home offices as defined in this chapter.
C.
Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the Village Plan Commission in accordance with Article IV. When a use is classified as a conditional use at the date of adoption of this chapter, it shall be considered a legal conditional use without further action of the Village Plan Commission. Changes to or substitution of conditional uses shall be subject to review and approval by the Village Plan Commission in accordance with Article IV.
D.
Home occupations and professional home offices are permitted accessory uses in any residential district, not requiring a building permit, provided that:
(1)
The use of the residential dwelling for the home occupation or professional home office shall be clearly incidental and subordinate to its residential use and shall not occupy more than 25% of the floor area of one floor.
(2)
No home occupation or professional home office shall be located in or conducted in an accessory structure.
(3)
No person other than members of the family residing on the premises shall be employed or engaged in such home occupation or professional home office.
(4)
Home occupations shall use only household equipment, and no stock-in-trade shall be kept or sold except that made on the premises.
(5)
No traffic shall be generated by the home occupation or professional home office in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the home occupation or use shall be provided off the street and other than in the required street yard.
(6)
No outdoor storage of equipment or product shall be permitted.
(7)
Home occupations which comply with the conditions set forth above may include, but are not limited to, baby-sitting, barbering, beauty shops, canning, crafts, desktop publishing and other computer services, dressmaking, insurance agencies, laundering, millinery, photographic studios, real estate brokerage, piano teaching, and word processing.
[Amended 10-11-1999 by Ord. No. 50-99]
(8)
Home occupations shall not include auto body or engine repair, construction trades or dance studios.
[Amended 10-11-1999 by Ord. No. 50-99]
E.
Uses not specified in this chapter and which are found by the Plan Commission to be similar in character to conditional uses permitted in the district may be permitted by the Village Plan Commission after review, public hearing, and approval in accordance with Article IV of this chapter.
F.
Temporary uses. Only those temporary uses as specified herein are permitted. The property owner, business or event sponsor shall make written application to the Village for a temporary use permit on a form prescribed for that purpose. The Village Clerk shall issue permits for temporary construction offices and shelters, special events, and temporary storage containers. Permits for temporary construction offices and shelters and special events must be obtained not less than 14 days before beginning the temporary use, and permits for temporary storage containers must be obtained not less than seven days before beginning the temporary use. The fees for temporary use permits shall be as set by the Village Board.
[Amended 7-11-2016 by Ord. No. 6-16; 9-10-2018 by Ord. No. 7-18]
(1)
Temporary construction offices and shelters. Real estate sales offices and construction field offices, and shelters for materials and equipment used for site development or construction of a permanent structure, may be allowed with a permit for a period of time not to exceed a typical construction season (six months) or until completion of the associated activity, whichever is shorter.
(2)
Special events. An outdoor gathering of 50 or more persons at any one time on public or private property for a performance, celebration, commemoration, fundraiser, display and/or sale of goods, or other type of social gathering open to the public for free or upon payment of some kind of consideration, including, but not limited to, whether for profit or not, outdoor festivals, flea markets, carnivals, circuses, walkathons, marathons, bicycle races, athletic events, beer gardens, gatherings on nonresidential property involving the use of temporary structures, and other similar-type activities that do not require a permanent site or business location, and do not compromise public health, safety or welfare, may be allowed in the A-1 General Agricultural/Holding District, I-1 Institutional District, P-1 Park District and all business districts with a permit, provided the event shall be limited to a maximum of 12 days in a calendar year, adequate parking shall be available, lighting and noise shall be regulated so as not to create a nuisance to nearby properties or to the general public, and provided the activity is in compliance with all other codes, regulations and ordinances. Events which are approved annually by resolution of the Village Board are exempt from the permit requirement.
(3)
Temporary outdoor sales. Temporary display or sale of items outside the confines of a building which is not otherwise permitted as a permitted or conditional use, including sidewalk sales, tent sales, Christmas tree sales, and food stands, is allowed without a permit, provided the activity shall be limited to a maximum of 30 days in a calendar year, and provided the activity is in compliance with all other codes, regulations and ordinances.
(4)
Temporary storage containers. Temporary storage containers are portable storage containers designed and used primarily for the temporary storage of household goods and other such materials for use on a limited basis on residential property. Temporary storage containers are allowed with a permit, provided they shall adhere to the following:
(a)
The container shall not exceed outside dimensions of 20 feet in length, 10 feet in width, and 10 feet in height.
(b)
No more than one container may be on a property at any given time.
(c)
The container shall not remain on a property in excess of 30 consecutive calendar days and shall not be placed at any one property in excess of 30 days in any calendar year.
(d)
The container shall be set back a minimum of five feet from all property lines and five feet from the nearest wall of any building. The container shall not be placed on the public right-of-way, including sidewalks and streets.
(e)
The container must be placed on a hard-paved surface such as asphalt or concrete.
(f)
The container shall be in compliance with all other codes, regulations and ordinances.
§ 270-11 Prohibited uses.
[Amended 6-12-2006 by Ord. No. 16-06]
The following uses are considered to be incompatible with the residential characteristics of the Village and surrounding area and are herewith prohibited:
A.
Manufacturing of ammonia, asbestos, asphalt, cement, chlorine, coal tar, creosote, explosives, fertilizer, glue, gypsum, insecticides, lampblack, poison, pulp, pyroxylin, and radium.
B.
Processing ammonia, asbestos, asphalt, cabbage, chlorine, coal tar, creosote, explosives, fertilizer, fish, glue, grease, gypsum, insecticides, lampblack, offal, poison, pulp, pyroxylin, and radioactive materials.
C.
Storage of bulk fertilizer, coal, explosives, fireworks, gasoline in excess of 50,000 gallons, grease, hazardous waste, and radioactive materials.
D.
Animal reduction facilities, forges, foundries, garbage incinerators, junkyards, landfills, mineral extraction operations, quarries, rubbish storage, sand and gravel pits, and tanneries.
[Amended 1-8-2024 by Ord. No. 09-23]
§ 270-12 Site regulations.
No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography or low bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The Village Plan Commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases it conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter the Village Plan Commission may affirm, modify or withdraw its determination of unsuitability. In addition:
A.
All lots shall abut upon a public street, and each lot shall have a minimum frontage of 40 feet.
B.
All principal structures shall be located on a lot, and only one principal structure shall be located, erected or moved onto a lot in a Single-Family (RD-1) or Two-Family (RD-2) Residence District. The Plan Commission may permit more than one principal structure per lot in other districts where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Plan Commission may impose additional yard requirements, landscaping requirements or parking requirements or require a minimum separation distance between principal structures.
C.
No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.
D.
Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The setbacks on the less restrictive district shall be modified for a distance of not more than 60 feet from the district boundary line so as to equal the average of the street yards required in both districts.
§ 270-13 Reduction or joint use.
No lot, yard, parking area, building area, or other space shall be reduced in area or dimensions so as not to meet the provisions of this chapter. No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use.
§ 270-13.1 Utility services.
[Added 11-12-2007 by Ord. No. 30-07]
All electric power, telephone, communication, gas distribution and cable television lines installed to serve any new development on residential, commercial, manufacturing or institutional property after November 30, 2007, shall be placed underground at the expense of the developer or property being served in accordance with the specifications of the respective utility companies. All plans for such utility services shall be submitted to the Village Public Works Director and Village Engineer for written approval prior to installation.