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Belvidere City Zoning Code

ARTICLE 4

- BULK REGULATIONS

Sec. 150.401.- Purpose.

The purpose of article 4 is to indicate the requirements for building location and bulk in both residential and nonresidential developments. The provisions of article 4 interact closely with the provisions of article 3, density and intensity regulations.

(Ord. No. 801G, § 3, 3-6-06)

Sec. 150.402. - Residential bulk standards.

(A)

All residential lots created under the provisions of this chapter shall comply with the standards of this section. These standards are related to the specific zoning district used (see bulk regulations table in the appendix to compare the bulk regulations for all zoning districts.)

(Ord. No. 801G, § 3, 3-6-06)

Sec. 150.403. - Nonresidential bulk standards.

All nonresidential lots created under the provisions of this chapter shall comply with the standards of this section. These standards are related to the specific zoning district used (see appendix B, bulk regulations to compare the bulk regulations for all zoning districts.)

(Ord. No. 801G, § 3, 3-6-06)

Sec. 150.404. - Yard setback adjustments.

(A)

Front yard setback adjustment.

(1)

Exemption for established front yards. Where 50 percent or more of the frontage on the same side of a street between two intersecting streets is developed with buildings that have front yards greater or lesser in depth than otherwise required, new buildings shall be erected no closer to the street than the average front yard so established by the existing buildings but may be erected using the average front yard so established. In CB, GB, PB, NO, and PO districts, the front yard need not exceed the specified front yard for the districts.

(2)

Front yards on corner lots. Where front yards have been established or may be required on each side of two intersecting streets, there shall be a front yard on each street side of a corner lot, with the following exception: In SF districts, where established front yards exceed 30 feet, only one front yard in excess of 30 feet shall be required.

(Ord. No. 801G, § 3, 3-6-06)

Sec. 150.405. - Intrusions into required yards.

The minimum setback requirements of each zoning district establish the minimum required yards for all uses, except those exempted by the provisions of this section.

(A)

No yard shall be reduced in area or dimension so as to make such yard less than the minimum required by this chapter. If an existing yard is less than the minimum required, it shall not be reduced further, except where exempted by the provisions of this section.

(B)

In instances where the required bufferyard width (per § 150.607) exceeds the minimum required setback width, the minimum required bufferyard width shall prevail. Absolutely no intrusions of a building or structure, except fences otherwise complying with code, are permitted within the required bufferyard.

(C)

Permitted intrusions into required yards. The following intrusions by buildings and structures are permitted into the specified required yards:

Table 150.405(C) Permitted Intrusions into Required Yards

Accessory Structure or Use Front
Yard
Req.
Front
Yard
Street
Yard
Req.
Street
Yard
Rear
Yard
Req.
Rear
Yard
Side
Yard
Req.
Side
Yard
Accessory ramps encroaching no more than 12 feet into a required yard, except for a required side yard maximum encroachment of three feet P P P P P P P
Accessory structures, excluding detached garages and carports, on lots developed with residential homes, encroaching up to a distance that is three feet from a lot line into a required yard P P P P
Accessory structures on office and commercial zoned lots, excluding lots developed with residential homes P P P P P
Accessory structures on industrial zoned lots P P P P
Air conditioner condenser units, encroaching no more than 48 inches into a required yard P P P P P P P P
Antennas, antenna towers, freestanding, on office, commercial, and industrial zoned lots P P P P
Architectural ornamentations, e.g. sills, belt courses, cornices, encroaching no more than 30 inches into a required yard P P P P P P P P
Awnings, encroaching no more than 48 inches into a required yard P P P P P P P P
Balconies, open to the sky and more than 36 inches above the ground, encroaching up to a distance that equals the required minimum side yard setback from a lot line into a required yard P P P P P
Bay windows, no foundation, encroaching no more than 30 inches into a required yard P P P P P P P P
Canopies, encroaching up to a distance that equals the required vehicle use area setback from a lot line into a required yard P P P P P P P P
Chimneys, no foundation, encroaching no more than 30 inches into a required yard P P P P P P P P
Compost piles P P P P
Decks, open to the sky and 36 inches or less above the ground, encroaching up to a distance that equals the required minimum side yard setback from a lot line into a required yard P P P P P
Driveways for multi-family, office, commercial, and industrial purposes, encroaching up to a distance that is five feet from a lot line into a required yard P P P P P P P P
Eaves and gutters, encroaching no more than 30 inches into a required yard P P P P P P P P
Fall-out/storm shelters, attached or detached, above or below grade P P P P
Fences and walls, more than four feet in height P P P P P
Fences and walls, four feet or less in height P P P P P P P P
Fire escapes, open to the sky, encroaching no more than eight feet into a required yard, except for a required side yard maximum encroachment of three feet P P P P P P P P
Fireplaces, no foundation, encroaching no more than 30 inches into a required yard P P P P P P P P
Garages and carports, detached P P P P P P
Gazebos, unenclosed, encroaching up to a distance that equals the required minimum side yard setback from a lot line into a required yard P P P P P
Outdoor storage on PI zoned lots P P
Outdoor storage on GI zoned lots P P P P P P
Parking stalls/spaces, aisles, and loading berths, for multi-family, office, commercial, and industrial purposes, encroaching up to a distance that is five feet from a lot line into a required yard P P P P P P P P
Porches, porticos, covered and unenclosed, encroaching no more than eight feet into a required yard, except for a required side yard maximum encroachment of three feet P P P P P P P
Portico cheres P P P P
Recreational equipment, e.g. swing sets, public use P P P P
Satellite dishes, satellite stations, freestanding, for commercial purposes P P P P
Solar energy devices, attached or detached, encroaching no more than 30 inches into a required yard P P P P
Storage tanks and storage silos, encroaching up to a distance that is ten feet from a lot line into a required yard P P P P
Storing (stationary for 48 hours or more) of boats, campers, trailers, and recreational vehicles, on residential lots, encroaching up to a distance that is two feet from a lot line into a required yard P P P P P
Swimming pools, hot tubs, jacuzzis, and outdoor spas, private use, encroaching up to a distance that is five feet from a lot line into a required yard P P P P
Swimming pools, hot tubs, jacuzzis, and outdoor spas, public use P P P P
Tennis and basketball courts, etc., private use P P P
Tennis and basketball courts, etc., public use P P P P
Vehicle use areas for multi-family, office, commercial, and industrial purposes, encroaching up to a distance that is five feet from a lot line into a required yard P P P P P P P P
Vestibules, enclosed, encroaching no more than four feet into a required yard P P P P P P P P

 


Other similar structures or uses not listed may be classified in similar structure or use categories as determined by the zoning administrator and are permitted within the yard(s) identified in such categories.

"P" indicates accessory structure or use is a permitted yard obstruction in the indicated yard as defined in § 150.202(A).

An accessory structure or use not listed in this table and not classified as a similar structure or use shall be considered a permitted yard obstruction unless otherwise specified in the zoning ordinance.

If the requirements of this section are in variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive or those imposing the higher standards shall govern.

(Ord. No. 801G, § 3, 3-6-06; Ord. No. 537H, § 3, 6-21-21)

Sec. 150.406. - Exceptions to maximum height regulations.

The maximum height regulations listed for residential and non-residential uses and accessory structures in each zoning district are the maximum permitted heights for all buildings and structures, except those exempted by this section, below:

(A)

The following are permitted to exceed the maximum height regulations by ten feet, within any district where permitted: church spires, belfries, cupolas and domes which do not contain useable space, public monuments, water towers, fire and hose towers, flag poles, chimneys, smokestacks, cooling towers, and elevator penthouses. Such uses may exceed said maximum by more than ten feet with the approval of a special use permit.

(B)

Any building or structure not otherwise accounted for by § 150.406(A), above, may exceed said maximum height regulations with the granting of a special use permit which specifically states the maximum permitted height of the proposed building or structure.

(Ord. No. 801G, § 3, 3-6-06)