A.   Permitted Home Occupations: In all districts permitting residential dwellings, home occupations shall be permitted as long as the home occupation is incidental and secondary to the permitted residential use of the lot. Permitted home occupations shall include:

      1.   Domestic crafts such as a seamstress, sewing, tailoring, weaving, washing and ironing, carpentry work, barbershops (1 chair operation only), beauty shops (1 chair operation only), repair of small household appliances and offices used predominantly for personal, as opposed to business, use;

      2.   Music and dance instruction, limited to one pupil at any one time;

      3.   Private tutoring, limited to three (3) pupils at any one time;

      4.   Use of premises by a medical or osteopathic physician, surgeon, dentist, podiatrist or chiropodist for consultation or emergency treatment, but not for general practice of such profession.

   B.   General Requirements: Home occupation requirements are as follows:

      1.   Home occupations shall be conducted entirely within the dwelling unit used as the residence.

      2.   The operator conducting the home occupation shall be the sole entrepreneur.

      3.   The primary use of the dwelling unit shall remain for residential purposes and the operator of the home occupation shall remain a resident in the dwelling unit.

      4.   The home occupation shall be incidental and secondary to the permitted residential use of the lot.

      5.   No structural additions, enlargements or exterior alterations changing the residential appearance to a business or commercial appearance, shall be permitted.

      6.   No additional and separate entrance incongruent with the residential structural design shall be constructed for the purpose of conducting the home occupation.

      7.   The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located.

      8.   Not more than one room in the dwelling unit shall be employed for the home occupation, at grade or above grade; nor three hundred (300) square feet of basement floor area below grade.

      9.   No provision for off street parking or loading facilities, other than the requirements of the residential district in which the use is located, shall be permitted; and no part of a minimum required yard shall be used for such off street parking or loading purposes. No additional driveways to serve such home occupations shall be permitted.

      10.   No display of goods or external evidence of the home occupation shall be permitted other than one attached, nonilluminated sign, not exceeding one square foot in area.

      11.   No stock in trade or commodities, other than those prepared, produced or created on the premises by the operator of the home occupation, shall be kept or sold on the premises.

      12.   No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference (visually or audibly) outside of the dwelling.

   C.   Prohibited Uses: A home occupation shall not be interpreted to include:

      1.   Automobile repair and tune up.

      2.   Offices, clinics, welding shops, tourist homes, animal hospitals, kennels, television repair shops. (Ord. 123, 1979)

Accessory uses and buildings may be permitted in all zoning districts, but shall not be constructed before the principal building is constructed.

   A.   Location On Lot: Accessory buildings shall be permitted only in side and rear yards, and shall be located no closer than five feet (5') to the side or rear lot lines.

   B.   Height Limitation: No accessory building shall exceed a total height of fifteen feet (15'). (Ord. 123, 1979)

   C.   Square Footage: The square footage of an accessory building shall not exceed the square footage of the principal building. (Ord. 561, 1-12-2009)

No structure or use of land, subject to the requirements of this title, shall violate any other law of the city, and shall conform to the following:

   A.   Frontage Requirements: All lots hereafter created shall contain frontage along a public street, and as further specified in the individual zoning districts.

   B.   Setbacks: Except as set forth in subsection 10-6B-5G of this title, on corner lots, reversed corner lots and double frontage lots, two (2) front yard setback distances shall be required as specified in the individual zoning districts. (Ord. 123, 1979)

   A.   Required: Within the city, no structure or improvement, home occupation or use of land may be altered, changed, placed, erected or located on platted or unplatted land, unless the structure, improvement or use, and its location, conform with this title, and an improvement location permit for such structure, improvement or use has been issued by the zoning administrator. For purposes of this section, "structure" shall include a "manufactured home" or "mobile home", as defined in this title.

   B.   Permit Issuance, Fee:

      1.   Authority: The zoning administrator shall issue an improvement location permit upon written application when the proposed structure, improvement or use and its location conform in all respects with the requirements of this title.

      2.   Fee: When an application for an improvement location permit is filed with the zoning administrator, it shall be accompanied with a fee set in accordance with the schedule of fees set forth in section 10-14-3 of this title. (Ord. 294, 1993)

   C.   Plot Plan, Contents: Any person who makes application for an improvement location permit for a permanent building (i.e., excluding portable buildings) shall, at the time of making such application, furnish the zoning administrator with a survey of the lot in question, prepared by a surveyor registered with the state of Illinois, drawn to scale as required by the zoning administrator and showing the following items:

      1.   The location and size of all buildings or structures, including manufactured homes already on the site and those to be erected;

      2.   The width of all entrances to and exits from the site;

      3.   All adjacent streets and roadways;

      4.   Any additional information requested by the zoning administrator; and

      5.   In the case of mobile or manufactured homes, proof that they have the approval of housing and urban development as to complying with federal manufactured home construction and safety standards.

As an alternative to a survey as set forth herein, an applicant may provide the zoning administrator with proof of site locations with sufficient certainty to satisfy the zoning administrator that the provisions of the zoning ordinance will be met with respect to the location, size and character of the improvements thereon. Such proof may be the locating of surveyor stakes or pins on the lot in question or a lot directly adjacent to the lot in question, but the determination of the zoning administrator as to the adequacy of such proof shall be final and not subject to question by any applicant. In such event a plot plan, drawn to scale and providing the information set forth above shall be provided. (Ord. 450, 8-12-2002)

Manufactured and modular homes shall be allowed in R-1, R-2 and R-3 districts, provided that such homes meet the definitions of same in section 10-2-1 of this title, as applicable, and provided further that all of the following requirements are met: (Ord. 339, 6-20-1996; amd. Ord. 525, 5-1-2007)

   A.   The manufactured or modular unit be on a permanent cement block masonry or concrete foundation with an enclosed crawl space or basement.

   B.   The unit be fully sided with conventional residential siding.

   C.   The unit have a hip or gabled asphalt, fiberglass or equivalent roof with nominal roof pitch of 3/12 minimum.

   D.   That there be no more than one housing unit per lot, and that the unit be a single-family residential dwelling.

   E.   The lot on which the unit is located is owned by the owner of the manufactured or modular home.

   F.   The dwelling unit conform to lot line, setback and any other property development standards or requirements in the applicable zoning district for site built housing.

   G.   The shortest outside dimension of the structure be no less than twenty four feet (24').

   H.   The structure must be multisection units in which the length does not exceed four (4) times the width.

   I.   That there be a minimum of ten inches (10") eave overhang, including guttering where applicable. In R-1 districts, the side of the structure with the widest dimension must face the street.

   J.   The owner shall understand and stipulate that the structure is real property and shall be taxed as such. (Ord. 339, 6-20-1996)

Mobile homes, trailers or vans may be utilized in all districts as contractor's offices, watchman's shelters or tool or equipment storage only on the site and only during the period of construction of improvement projects. (Ord. 123, 1979)

   A.   Private Fences On Public Property: No private fences shall be allowed or constructed on public streets or highway rights of way. Fences may be placed on public utility easements so long as the structures do not interfere in any way with existing underground, ground or overground utilities. Further, the city or any utility company having authority to use such easements shall not be liable for repair or replacement of such fences in the event they are moved, damaged, or destroyed by virtue of the lawful use of said easement. Fences in violation of this section may be summarily removed.

   B.   Prohibited Materials Of Construction:

      1.   No barbed wire or barbed wire fences shall be allowed on private property in residential zoning districts or on lots in any district being used for single- or multiple-family dwelling purposes. No barbed wire or barbed wire fences shall be allowed on private property in business or industrial districts where the property lines of such property abut lots or parcels being used or intended for single- or multiple- family purposes or on fences in front yards.

      2.   No fence shall be constructed of materials obviously intended to inflict great bodily harm should a person or animal attempt to climb or scale it. Such material includes, but is not limited to, electrically charged wires or other electrical conduit, broken glass, razor blades and sharp or ragged metal spikes or spears.

   C.   Maintenance And Repair: All fences shall be maintained in good, structurally sound repair and in a neat, clean, presentable condition. If, on inspection by the zoning administrator, any fence, in his determination, does not meet the requirements of this section, he shall order the owner or occupier of the premises, by registered or certified mail, to make the necessary repairs or improvements as directed or he (owner or occupier) shall be in violation of this code, and the city attorney shall cause a complaint to be issued and processed against said owner or occupier in accordance with rules of the circuit court of McLean County, Illinois. If an adjoining property owner will not allow ingress or egress for the purpose of maintaining the fence, then the responsibility for repair and maintenance of that portion of the fence shall transfer to that adjacent owner, and he shall be liable the same as the fence owner. (Ord. 392, 10-25-1999)

   D.   Fences In Residential Districts:

      1.   In R-1, R-2 and R-3 districts, no fence may exceed four feet (4') in height above ground level in front yards. Fences along the side lines from the front of the principal building to the rear lot line and along the rear lot line, and also within side yards and rear yards, may not exceed six feet (6') in height above ground level. On lot lines abutting the public right of way or residential property, the fence must face outward with the support posts on the inside.

      2.   When any fence is installed in the front, side or rear yard, it shall not extend beyond the property lines or encroach upon adjoining property.

      3.   Prior to the building of a fence in the city of Chenoa, an application for a permit shall be required on a form provided by the city clerk, and a permit fee in an amount to be determined by the city council shall be charged for all such permits. (Ord. 556, 11-10-2008)

   E.   Visibility On Corner Lots: In residential districts or residential use areas, the location of fences, hedges and landscaping on corner lots shall be regulated as follows, so as not to obstruct the vision of drivers of motor vehicles: No fences shall be erected or maintained, nor any hedges or landscaping shall be planted, grown or maintained, to a height of more than three feet (3') above the adjacent curb/roadway height, within a triangular area determined by a diagonal line connecting two (2) points measured along the property lines of the abutting streets thirty feet (30') equidistant from the intersection of those property lines.

   F.   Commercial And Industrial Districts:

      1.   In commercial and industrial districts, fences may not exceed eight feet (8') in height above ground level, and the use of barbed wire is prohibited; except, that one foot (1') additional of any fence along side or rear lot lines in these zones may be constructed of barbed wire.

      2.   When any fence is installed in the front, side or rear yard, it shall not extend beyond the property line or encroach upon adjoining property.

   G.   Nonconforming Fences: Fences existing at the effective date hereof which are not in violation of subsection A, B, C or E of this section may continue to be maintained and to exist but may not be replaced, if destroyed or removed, to the extent that the violations would be continued.

   H.   Exemptions: Agricultural fences in agricultural districts and in other districts approved for agricultural uses are exempt from this section except where abutting properties are in residential districts or areas predominantly used for residential use. (Ord. 392, 10-25-1999)

   I.   Swimming Pools:

      1.   Permanent Swimming Pools: All permanent swimming pools whether above or below ground, shall be enclosed by wire mesh or chainlink fences or landscaping capable of denying access to the premises, in a minimum height of four feet (4'). (Ord. 392, 10-25-1999; amd. Ord. 597, 7-11-2011)

      2.   Commercial Pools:

         a.   All commercial inground or aboveground swimming pools, other than temporary or portable type swimming pools having a depth of less than thirty six inches (36"), shall be equipped with at least one of the following safety features:

            (1)   An enclosure fence or landscaping with a height of at least four feet (4') above the surrounding grade and which does not have openings which would allow a child to gain entry, or protrusions which allow climbing, and which is equipped with a self-closing and self-latching gate with the latching device located no less than forty four inches (44") from the bottom of the gate; or

            (2)   An operational powered safety cover capable of supporting not less than two hundred fifty (250) pounds, which is equipped with a railing system that prevents entry under the cover and a switch mechanism protected by a locking switch box; or

            (3)   A removable or lockup ladder which is the only means to gain access to the pool. The ladder shall be removed or locked up when the pool is not in use.

            (4)   A self-latching lockout gate which would deny access to the pool by denying access to the steps or ladder to the pool, with the latching device located no less than forty four inches (44") from the bottom of the gate.

         b.   Allowing access to the pool when not in use by allowing unlocked openings in the fence or landscaping, or ladders in the down or unlocked position, shall be deemed an ordinance violation punishable pursuant to the provisions of the general penalty ordinance of the city of Chenoa, with a fine of no less than one hundred dollars ($100.00) for each occurrence.

         c.   As the health and safety of the citizens of Chenoa is an issue and a concern by the city council, the provisions of section 10-12-2, "Nonconforming Uses", of this title shall not apply, and a swimming pool which does not meet the requirements of this chapter shall not be considered a nonconforming use. All existing pools as defined herein shall therefore be subject to the provisions of this chapter. (Ord. 597, 7-11-2011)

   J.   Nuisance Declared; Abatement: Any fence or landscaping which shall be erected or maintained contrary to the provisions of this code is deemed a nuisance, and it shall be the duty of the zoning administrator and the chief of police to abate the same by any means allowable under state law or this code. (Ord. 392, 10-25-1999)

Notwithstanding any other provision of this title, temporary wooden wheelchair ramps shall not be subject to front, side or rear yard setback requirements in residential (R-1, R-2, R-1A and R-3) zoning districts. Such ramps shall be subject, however, to the following restrictions: (Ord. 521, 4-9-2007; amd. Ord. 525, 5-1-2007)

   A.   No such ramp will encroach on any sidewalk or public right of way.

   B.   Such ramp shall require a building permit prior to construction as required for normal building construction.

   C.   Such ramp shall be uncovered and not enclosed, and shall be of such a nature as to accommodate normal wheelchair use, or such use as may be necessary for individuals who for medical or disability reasons cannot negotiate steps.

   D.   Such ramps shall only be allowed without complying with normal setback requirements for so long as a person with such a condition or disability as defined in subsection C of this section resides in the residence. (Ord. 521, 4-9-2007)

   A.   No person shall place, cause to be placed, or use a shipping container as a permanent structure on any property for any purpose in any zoning district without a permit.

   B.   The following exceptions shall apply to all permits granted by the City:

      1.   Permits granted for shipping containers will be allowed by the City Zoning Board and shall be allowed on a temporary basis for a period not to exceed three (3) consecutive months for any given year when used for clean-up, renovation, moving, or construction in any Residential Zoning District subject to all requirements of that zoning district. The City reserves the right to extend the permit upon request and good cause shown. Shipping containers will also be allowed in all I-1 and I-2 Zoning Districts and by Special Use in all other business districts, subject to the requirements of those zoning districts.

      2.   Prior to the Zoning Board granting a storage container permit, an application for a permit shall be submitted to the City and in a form provided by the City Clerk, and a permit fee in an amount to be determined by the City Council shall be charged for the processing of such permit.

      3.   The maximum number of shipping containers permitted per permit is one container. The applicant may request additional containers only in the event that there exists additional vacant property in excess of one acre for the placement of such container. The City reserves the right to allow for additional containers on good cause shown.

      4.   There shall be no stacking of storage containers unless good cause is shown by the applicant.

   C.   Permit Application:

      1.   To obtain a permit, the applicant shall first file a permit application on a form furnished by the City Clerk and for that purpose. The form must be completed and submitted to the City Clerk before the issuance of a permit will be considered by the Zoning Board.

      2.   Each application shall contain the name of the owner or owners of the premises on which the storage container will be situated, the proposed date of placement and length of time the container shall be at the property, the number of containers, and any other pertinent information that will aid the Zoning Board in determining the appropriateness of the request or the necessity of a variance for good cause shown.

(Ord. 866, 1-23-2024)