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Belleville City Zoning Code

GENERAL ZONING

REGULATIONS

§ 162.020 ESTABLISHMENT OF DISTRICTS.

   In order to implement the regulatory scheme of this chapter so as to achieve the objectives enumerated at § 162.001 of this chapter, this entire city is hereby divided into the following zoning districts:
Designation
District
Minimum Area*
Designation
District
Minimum Area*
A-1
Single-Family Residence
5 acres
A-2
Two-Family Residence
5 acres
A-2A
Single-Family Residence
5 acres
AGR
Agricultural/Rural
10 acres
B-1
Multi-Family Residence
5 acres
C-1
Light Commercial
10 acres
C-2
Heavy Commercial
10 acres
C-3
Commercial
10 acres
C-4
Commercial
10 acres
C-5
Planned Commercial
10 acres
D-1
Light Industry
10 acres
D-2
Heavy Industry
10 acres
FP
Floodplain Overlay
None
HP
Historic Preservation Overlay
None
MH-1
Mobile Home Residence
10 acres
MH-2
Mobile Home Park
10 acres
NOTES TO TABLE:
* The “minimum area” requirement (which is intended to prevent spot zoning) refers to the smallest total area of contiguous parcels that can properly be given the particular district classification. This requirement relates only to the creation of new zone districts. Expansion of existing zone districts shall be exempt from this provision provided the expansion area is contiguous to the existing zone district.
 
(1960 Code, § 60-3-1) (Ord. 5314, passed 9-19-1994)

§ 162.021 ZONING MAP AND DISTRICT BOUNDARIES.

   The boundaries of the listed zoning districts are hereby established as shown on the official zoning map of the city. This official map, including all notations and other information thereon, is hereby made a part of this chapter by reference. The official zoning map shall be kept on file in the Administrator’s office.
(1960 Code, § 60-3-2)

§ 162.022 ANNUAL PUBLICATION.

   (A)   In accordance with state law (65 ILCS 5/11-13-19), the Administrator shall publish the zoning map of the city not later than March 31 of each year.
   (B)   However, no map shall be published for any calendar year during which there have been no changes in zoning districts or regulations.
(1960 Code, § 60-3-3)

§ 162.023 DETERMINING TERRITORY OF DISTRICTS WITH PRECISION.

   In determining with precision what territory is actually included within any zoning district, the Zoning Administrator shall apply the following rules.
   (A)   Where a district boundary, as indicated on the zoning map, approximately follows any of the features listed below on the left, the corresponding feature on the right shall be deemed the district boundary:
      (1)   Centerline of any street, alley or highway of such centerline;
      (2)   Lot line   such lot line;
      (3)   Railroad tracks right-of-way line of such tracks;
      (4)   Stream center of such stream; and
      (5)   Section lines, quarter section lines, quarter-quarter section lines, survey lines such lines.
   (B)   Whenever any street, alley or other public way is legally vacated, the zoning districts adjoining each side of such vacated public way shall automatically extend to the center of such way, and all territory included in the vacated way shall thereafter be subject to all regulations of the extended districts.
   (C)   The regulatory flood elevation at any point in question shall determine where the floodplain overlay district boundary is located on the land.
(1960 Code, § 60-3-4)

§ 162.024 ANNEXED TERRITORY.

   (A)   Whenever any territory is annexed into the city, the City Council shall determine its zone district classification. Before determining such classification the Council shall fix a time for and hold a public hearing upon the proposed annexation agreement or amendment, and shall give notice not more than 30, nor less than 15, days before the date fixed for the hearing. This notice shall be published at least once in one or more newspapers published in the city. After such hearing, the agreement or amendment may be modified before execution thereof. The annexation agreement or amendment shall be executed by the Mayor and attested by the City Clerk only after such hearing and upon the adoption of a resolution or ordinance directing such execution, which resolution or ordinance must be passed by a vote of two-thirds of the corporate authorities then holding office.
   (B)   Territory proposed to be annexed that is used exclusively for single-family residential use shall automatically be reclassified to “A-1(L)” exempt from the public hearing requirement. Furthermore, territory proposed to be annexed that is used predominately for agricultural, horticultural and like uses shall automatically be reclassified to “AG” exempt from the public hearing requirement. Neither the provisions of §§ 162.535 through 162.539, 162.550 through 162.555, 162.570 through 162.575 and 162.590 through 162.595 of this chapter, nor the public hearing or notice provisions of any ordinance, shall apply when the City Council classifies the land with the annexation or consolidation ordinances provided for above.
(1960 Code, § 60-3-5) (Ord. 6673, passed 8-2-2004)

§ 162.025 GENERAL PROHIBITION.

   No structure or part thereof shall be erected, used, occupied, enlarged, altered, relocated or reconstructed, except in conformity with the provisions of this chapter. Similarly, no lot or part thereof shall be used, occupied or developed, except in conformity with the provisions of this chapter.
(1960 Code, § 60-3-6) Penalty, see § 162.999

§ 162.026 UNLISTED USES PROHIBITED.

   Whenever any use is not specifically listed as permitted or special within a particular zoning district, such use shall be deemed prohibited in that district. However, if the Council finds that the unlisted use is similar to and compatible with the listed uses, it may allow such use by amending this chapter in accordance with § 162.590 of this chapter. The Council’s decision shall become a permanent public record and any unlisted use that they approve shall thereafter have the same status as listed uses.
(1960 Code, § 60-3-7) Penalty, see § 162.999

§ 162.027 EMERGENCY AND TEMPORARY OCCUPANCY OF STRUCTURES.

   No temporary structure (including travel-trailers or mobile homes) shall be used or occupied for any residential, commercial or industrial use except as specifically permitted or required by this chapter. However, the City Council may, upon application therefor, permit the use of such temporary structure for such reasonable time, for such use, and subject to such conditions as the Council deems to be compatible with the character of the area in which the structure is located, and in compliance with reasonable consideration of the general health, safety and welfare.
(1960 Code, § 60-3-8) Penalty, see § 162.999

§ 162.028 MEETING MINIMUM REQUIREMENTS.

   (A)   Except as specifically provided otherwise elsewhere in this chapter, every lot must meet the minimum area, minimum dimensions and minimum setbacks requirements of the district in which it is located independently; that is, without counting any portion of an abutting lot.
   (B)   The minimum floor area of a dwelling unit shall be as follows:
      (1)   Single-family dwelling: 1,000 square feet per dwelling unit; and
      (2)   Two-family and multi-family dwelling: 800 square feet per dwelling unit.
(1960 Code, § 60-3-9; Ord. 9301-2024, passed 7-15-2024) Penalty, see § 162.999

§ 162.029 ACCESS REQUIRED.

   No building shall be erected on any lot unless such lot abuts, or has permanent easement of access to, a public street or a private street that conforms to the standards set forth in Ch. 161 of this code of ordinances.
(1960 Code, § 60-3-10) Penalty, see § 162.999

§ 162.030 FRONT SETBACKS - CORNER/THROUGH LOTS.

   Every lot with multiple frontages (such as corner or through lots) shall meet the front setback requirements. The side yard shall be equal to one-half of the front setback on corner and/or through lots.
(1960 Code, § 60-3-11) (Ord. 3758, passed 12-29-1980) Penalty, see § 162.999

§ 162.031 FRONT SETBACKS IN CERTAIN BUILT-UP AREAS.

   Except as specifically provided otherwise, in all residential and commercial zoning districts, where over 50% of the lots on one side of a street between intersections (that is, in one block) are developed with buildings that do not meet the minimum front yard setback area, then a front yard setback that conforms with the established building line in that block may be permitted.
(1960 Code, § 60-3-12)

§ 162.032 INTRUSIONS INTO YARDS.

   To the extent indicated below, the following feature of principal buildings may intrude into required yards without thereby violating the minimum setback requirements:
 
Feature
Maximum Intrusion
Cornices, chimneys, planters or similar architectural features
2 feet
Fire escapes
4 feet
 
(1960 Code, § 60-3-14)

§ 162.033 EXCEPTIONS TO HEIGHT LIMITS.

   (A)   Necessary appurtenances. Chimneys, church spires, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas or other necessary appurtenances commonly constructed above the roof line shall be permitted to exceed the maximum height limitations of the district in which they are located if they comply with all other pertinent ordinances of the city.
   (B)   Intersections. On corner lots, in the triangular portion of land bounded by the street lines of such corner lots and a line joining the two points, each of which is on one street line and 30 feet from the point of intersection, no obstruction, whether natural or human-made, shall intrude into the air space that is between two feet and ten feet above the level of the adjacent street.
(1960 Code, § 60-3-15) Penalty, see § 162.999

§ 162.034 ACCESSORY USES.

   (A)   ACCESSORY USE means any structure or use which if:
      (1)   Subordinate in size or purpose to the principal structure or use which it serves;
      (2)   Necessary or contributing to the comfort and convenience of the occupants (whether individuals or a commercial enterprise) of the principal structure or use served; and
      (3)   Located on the same lot as the principal structure or use served.
   (B)   A building permit is needed for all detached accessory buildings with a floor plan area that exceeds 100 square foot. A building permit is also required to install more than one detached accessory structure for a floor plan area that does not exceed 100 square foot.
(1960 Code, § 60-3-16) (Ord. 6789, passed 11-7-2005) Penalty, see § 162.999

§ 162.035 PERMITTED ACCESSORY USES.

   Any accessory use shall be deemed permitted in a particular zoning district if such accessory use is:
   (A)   Accessory to the principal structure or use that is allowed in that zoning district as of right (permitted use) or by virtue of the fact that a special use permit has been granted; and
   (B)   In compliance with the restrictions set forth in § 162.036 of this chapter.
(1960 Code, § 60-3-17)

§ 162.036 ACCESSORY USE RESTRICTIONS.

   (A)   Height. No accessory use shall be higher than:
      (1)   Fifteen feet in any residential district; or
      (2)   Twenty-five feet in any other zoning district.
   (B)   Setbacks. No accessory use in any zoning district shall be located in any part of any front yard, nor closer than five feet to any side or rear yard.
   (C)   Percentage of lot coverage. In any residential district, all buildings including accessory buildings shall not cover more than 40% of the lot area.
   (D)   Use as dwelling. Use of any accessory structure as a dwelling is strictly prohibited throughout the zoning jurisdiction of the city.
   (E)   Garages and carports. Unattached garages, carports or storage sheds may come within two feet of side or rear property lines. The roof line shall govern the two-foot set back.
   (F)   Number of storage sheds. Number of storage sheds permitted on a residential property shall be limited to no more than two such structures of 64 square feet or larger.
(1960 Code, §60-3-18) (Ord. 3973, passed 8-1-1983; Ord. 8253-2018, passed 10-1-2018) Penalty, see § 162.999

§ 162.037 DEGREE OF RESTRICTIVENESS.

   MORE RESTRICTIVENESS USES as employed in this chapter means the following:
   (A)   Those uses first permitted in the “A-1” District are the most restrictive; and
   (B)   All other uses are less restrictive in the order of restrictiveness, beginning with the most restrictive as follows: “A-1A”, “A-2”, “B-1”, “MH-1”, “MH-2”, “C-1”, “C-2”, “C-3”, “C-4”, “C-5”, “D-1” and “D-2”.
(1960 Code, § 60-3-19)