This chapter shall be known, cited, and referred to as "The Zoning Ordinance of the Village of Cherry Valley."

(Code 1974, § 22-1)

This chapter is adopted for the following purposes:

(1)

To provide for the citizens of the village adequate light, pure air and safety from fire and other dangers, to conserve the value of land and buildings, to lessen or avoid congestion of traffic on the public roads and to promote the public health, safety, comfort, convenience, morals and general welfare.

(2)

To protect the character and the stability of the residential, business, and industrial areas within the village and to promote the orderly and beneficial development of such areas in a harmonious manner.

(3)

To establish restrictions in order to attain these objectives by adopting a zoning ordinance which will revise the districts into which the village is divided, the restrictions upon the uses to which land and buildings may be devoted, the restrictions upon the location and height of buildings, the restrictions upon the intensity of the use of land and buildings, the requirements for yards, the requirements for off-street parking facilities, the provisions for administration and enforcement of this chapter, the penalties for violation of this chapter, and the procedure, powers and duties of the board of appeals.

(4)

Upon the approval, passage, and publication in pamphlet form of this chapter, the previous ordinance in effect for the village to regulate the zoning shall become null and void. Upon October 20, 1987, all zoning within the jurisdiction of the village, shall be regulated by this chapter. To the extent that the previous ordinance is in conflict with this chapter, such conflicts will be classified as a preexisting nonconforming use, and the owners of such premises shall be entitled to the legal heights as set forth by this chapter and state law. Upon October 20, 1987, all zoning chapters shall be regulated by this chapter.

(Code 1974, § 22-2)

(a)

Clarity of interpretation. In the construction of this chapter, the definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise. The following use of terms shall apply in order to provide clarity to interpretation:

(1)

Words used in the present tense shall include the future, and words used in the singular number shall include the plural number, and the plural shall include the singular.

(2)

The term "shall" is mandatory and not discretionary.

(3)

The term "may" is permissive.

(4)

The term "lot" shall include the terms "plot" and "parcel."

(5)

The term "building" includes all structures of every kind, regardless of similarity to buildings.

(6)

The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

(7)

Terms not defined shall be interpreted in accordance with definitions contained in Webster's Dictionary.

(b)

Enumeration. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Abandonment means a voluntary action to give up one's rights or interests in property.

Advertising device means an advertising sign, billboard or poster panel which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such advertising device is located or to which is affixed, but does not include those advertising signs, billboards or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.

Alley means a public way, used as a secondary means for vehicular access to the rear or side of properties otherwise abutting on a street.

Apartment means a room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.

Arcade, sexually-oriented, means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically-controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "special sexual activities" or "specified anatomical areas." (See Bookstore or video store, sexually-oriented.)

Automobile repair, major, means engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair, and painting of vehicles.

Automobile repair, minor, means incidental repairs, replacement of minor parts and motor service to automobiles, but not including any operation specified under Automobile repair, major.

Automobile service station means a place where gasoline, stored only in underground tanks kerosene, lubrication, oil or grease for the operation of automobiles are offered for sale directly to the public on the premises, and including minor accessories and the servicing of automobiles (but not including major automobile repairs) and including washing of automobiles where no chain conveyor, blower of steam cleaning device is employed. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of an automobile service station, the premises shall be classified as a public garage. Automobile service stations shall not include sale or storage of automobiles or trailers (new or used).

Automobile and trailer sales area means an open area, other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done except for minor incidental repair of automobiles or trailers to be displayed and sold on the premises.

Babysitting services means a building or portion thereof used for the care of from one to seven children excluding the children of the occupant of the building residing in such building and subject to the home occupation permit requirements.

Basement means a portion of a building with a floor located below the grade level. A basement shall be counted as a story for the purpose of height regulations if one-half or more of its height is above grade level.

Benefits means things provided by the village to properties and persons within the village including but not limited to construction, maintenance and repair of roadways; construction, maintenance and repair of wells, water mains, pump stations, water testing and regulatory agency compliance, as well as related administrative billing and records; police service including, but is not limited to, staffing, equipment, training, administrative functions and prosecution of offenses; construction, maintenance and repair of public storm sewers, culverts, open drainage ditches and detention ponds; landscaping of public parks and rights of way; village code enforcement including property inspections and adjudication of village code violations; administrative functions including processing and issuing permits and licenses and community events.

Block means a tract of land bounded by streets or, in lieu of streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines of waterways, or corporate boundary lines of municipalities.

Bookstore or video store, sexually-oriented, means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or

(2)

Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities." A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as "sexually-oriented" bookstore or "sexually-oriented" video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as a "sexually-oriented" bookstore or "sexually-oriented" video store as long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas."

(3)

The term "specified sexual activities" means and includes any of the following:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

b.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

c.

Masturbation, actual or simulated; or

d.

Excretory functions as part of or in connection with any of the activities set forth in subsections (1)—(3) of this definition.

Buildable area means the space remaining on a lot after the minimum open space, yards and setbacks requirements of this chapter have been complied with.

Building means any structure having a roof supported by columns or walls for the sheltering or enclosure of persons, animals, chattels or property of any kind.

Building, detached, means a freestanding building surrounded by open space on the same zoning lot.

Building setback line means a line parallel to the street line at a distance from it, regulated by the setback requirements established in this chapter.

Bulk means the term used to indicate the size and setbacks of buildings or structures and location of the same with respect to one another and includes the following:

(1)

Size and height of buildings;

(2)

Location of exterior walls at all levels in relation to lot lines, streets, or to other buildings;

(3)

Gross floor area of buildings in relation to lot area (floor area ratio);

(4)

All open spaces allocated to the building;

(5)

Amount of lot area per dwelling unit; and

(6)

Required parking areas.

Camping apparatus means, but is not limited to, tents, and all other temporary structures used for overnight camping.

Camping trailer means a canvas, material, or other metal folding structure, mounted on wheels, and designed for travel, recreational or vacation uses.

Cellar means a portion of a building or structure more than one-half underground and not used or intended to be used for human occupancy.

Clinic, medical or dental, means a building or complex in which an organization of physicians or dentists, or both, work cooperatively and have their offices in a common building. A clinic shall not include inpatient care.

Club or lodge, private, means a nonprofit association of persons, who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests. All private clubs or lodges shall be permitted to rent or lease their premises which are not inconsistent with the permitted uses of such facility of the private club or lodge.

Commercial truck means a truck used primarily for commercial purposes. Commercial trucks with a license over a B designation are not permitted to be parked on residentially zoned lots. Semitrailers, full trailers and diesel cabs are considered to be commercial trucks.

Cryptocurrency mine means a site or facility used for cryptocurrency mining.

Cryptocurrency mining mean the operation of specialized computer equipment for the primary purpose of verifying and processing transactions in a cryptocurrency network such as Bitcoin by solving complex mathematical problems (algorithms) for the validation of the data blocks and transaction records as part of the development and maintenance of a blockchain which is a type of distributed ledger maintained on a peer-to-peer network. Miners are rewarded with newly minted coins for their work.

Data mining means the process of using computers and automation to search large sets of data for patterns and trends, turning those findings into business insights and predictions. Data mining goes beyond the search process, as it uses data to evaluate future probabilities and develop actionable analyses.

Data center (server farm) means a building or complex of buildings in which a substantial portion of the gross square footage is used primarily for the storage, management, processing, mining and transmission of digital data including those by off-site users, which houses computer or network equipment, systems, servers, appliances and other associated components related to digital data storage and operations and typical supporting equipment including back-up batteries and power generators, cooling units, fire suppression systems, and enhanced security features.

Day nursery school means a building or portion thereof used for the care of eight or more children excluding the children of the occupant of the building residing in such building.

Diligently pursued to completion means an active building permit indicating periodic inspection by the county building department or other designated officers of the village.

District means an area or section of the village within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.

Drive-in restaurant means any establishment where food and/or beverages are sold to customers for consumption primarily in an automobile parked upon the premises.

Dwelling means a building designed, constructed or intended for human habitation, complying with all of the requirements of this chapter.

Dwelling, attached, means a dwelling which is jointed to another dwelling at one or more sides by a party wall.

Dwelling, one-family, means a dwelling unit designed exclusively for use and occupancy by one family.

Dwelling, two-family, means a building designed or altered to provide dwelling units for occupancy by two families living independently of each other with separate kitchen facilities.

Educational institution means a public, parochial, charitable, or nonprofit elementary, junior high, high school, junior college, college or university, trade or business school, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.

Escort means a person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

Fence, sight tight, means a fence including a solid entrance and exit gates which effectively conceals from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it.

Floor area, gross, means (for the purpose of determining requirements for off-street parking and off-street loading) means the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space, such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area, for purposes of measurements for off-street parking spaces, shall not include floor area devoted primarily to storage purposes (except as otherwise noted in this definition); floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space, or basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

Grade means the average level of the ground adjacent to the exterior walls of the buildings.

Guesthouse means living quarters within a detached accessory building located on the same lot with the principal building for use by temporary guests of the occupant of the premises. Such quarters shall not be rented or otherwise used as a separate dwelling.

Height, building, means the peak or top part of the ridge line on a structure shall be the point of measurement.

High-density load (HDL) means a utility customer that uses a large amount of power in a small space over a sustained period.

Hospital and sanitarium mean an institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than 24 hours in any week or three or more nonrelated individuals suffering from illness, disease, injury or other abnormal physical conditions. The term "hospital" as used in this chapter, does not apply to institutions operating solely for the treatment of mentally ill persons, drug addicts, liquor addicts or other types of cases necessitating restraint of patients, and the term "hospital" shall not be used for convalescent homes, nursing homes, shelters or boardinghomes.

Hotel, motel, and inn mean an establishment containing lodging accommodations designed for use by transients, travelers or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service.

Independent travel trailer park means a parcel of land upon which two or more occupied independent travel trailers are parked.

Junkyard means an open area where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

Legal objector means an owner of record of property located such that such owner is among those to be notified of a public hearing for a proposed special use permit, variation, or zoning map amendment for property located adjacent to or across the street or alley from the property of such owner of record.

Limited access highway means a trafficway, including toll roads, for through traffic, in respect to which owners or occupants of abutting property or land and other persons have no legal right of access to or from the highway, except at such points and only in such manner as may be determined by the public authority having jurisdiction over such roadway.

Loading and unloading space or berth, off-street, means an obstructed, hard-surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading, and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys. Such space shall not be less than ten feet in width, 35 feet in length and 14 feet in height, exclusive of access aisles and maneuvering space.

Lot area means the area of horizontal planes bounded by vertical planes containing the front, side and rear lot lines.

Lot, corner, means a lot situated at the junction of and abutting on two or more intersecting streets.

Lot coverage means the area of a zoning lot occupied by the principal building and accessory buildings.

Lot depth means the area of a zoning lot occupied by the principal building and accessory buildings.

Lot frontage means the lot frontage shall be that part of the lot extending across the front of the lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building or projections thereof other than the projection of unusual steps, entranceways, unenclosed balconies, or open porch. For a corner lot, the owner may elect either street line as the front lot line.

Lot, interior, means a lot other than a corner lot, with frontage on only one street.

Lot, rear, means the rear of the lot is that part of the property extending across the rear of the lot, measured between side lot lines, and being the minimum horizontal distance between the rear lot lines, and the rear of the main building, or any projections other than steps, unenclosed balconies, or unenclosed porches. On corner lots, the rear of the lot shall be considered as parallel to the street upon which the lot has the least dimensions. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Lot of record means an area of land designated as a lot on a plat of subdivision recorded, pursuant to law.

Lot, reversed corner, means a corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.

Lot, side, means the side of the lot shall be that part of the property between the main building and the side line of the lot and extending from the front lot line to the rear lot line.

Lot, through, means a lot having frontage on two parallel or approximately parallel streets, and which is not a corner lot. On a through lot, both street lines shall be deemed to have front lot lines.

Marquee and canopy mean roof-like structures of a permanent nature which project from the wall of a building and overhang the public way, and are designed and intended to protect pedestrians from adverse weather conditions.

Massage parlor means any establishment where any person engages in massage excluding, however, hospitals, nursing homes, sanitaria, persons holding an unrevoked certificate to practice healing arts in the state, or persons working under the direction of any such persons in any such establishments, and also excluding barbers or cosmetologists lawfully carrying out their particular profession and holding a valid unrevoked license or certificate of registration issued by the state, and also excluding any person holding a valid license issued by a state that licenses massage therapists or any person who is a member in good standing of the American Massage Therapy or the American Oriental Bodywork Therapy Association.

Mobile home means a movable dwelling intended for longterm, not transient, residential occupancy that:

(1)

Is designed to be used as a single-family dwelling.

(2)

Is fabricated in an off-site manufacturing facility for installation or assembly at the building site as a permanent or quasi-permanent structure.

(3)

Is built on a permanent chassis that is not a van or truck-like chassis.

(4)

Is transportable in one or more sections, having no motive power of its own, but is otherwise capable of being drawn by a motor vehicle.

(5)

Is designed for yearround living in one place:

a.

With a permanent foundation; and

b.

Connected to required utility lines, including:

1.

Plumbing;

2.

Municipal sewage systems;

3.

Electrical systems; and

4.

Municipal water systems.

(6)

Has its transport features removed.

(7)

Complies with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401—5426.

A mobile home under this section does not include a recreational vehicle.

Modular home means manufactured housing constructed with standardized units or dimensions that meet all building code requirements.

Motor home means a portable, temporary dwelling to be used for travel, recreational, or vacation uses, constructed as an integral part of a self-propelled vehicle.

Nonconforming lot means a lot of record existing at the date of the passage of this chapter which does not have the minimum width or contain the minimum area for the zone in which it is located.

Nonconforming structure means a lawful structure which exists upon the adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure, or its location on the lot.

Nonconforming use means the use of any structure or land lawfully occupied and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located, by reason of adoption of this chapter of amendments thereto.

Nude model studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographs, or similarly depicted by other persons who pay money or any form of consideration. The terms "nudity" and a "state of nudity" mean the appearance of human bare buttock, anus, male genitals, female genitals, or full female breasts. The term "specified anatomical areas" means the male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.

Nursing home, rest home, convalescent home means a private facility for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities used primarily for the treatment of sickness, injuries or surgical care.

Obstruction means any manmade object other than a structure.

Open sales lot means any land used or occupied for the purpose of buying, storing and selling new or secondhand passenger cars or trucks, motor scooters, motorcycles, boats, trailers, aircraft and monuments and for the storing of the same.

Parking area, private, means any open, hard-surfaced area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles and pickup trucks, but not including trailers, mobile homes or boats, or occupant of buildings for which parking is developed and is accessory.

Parking area, public, means an open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under 1½ tons capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.

Parking space, off-street, means a useable off-street area with independent access, not included within the established front yard setbacks, at least nine feet by 20 feet for diagonal and perpendicular vehicle parking or at least eight feet by 22 feet for parallel vehicular parking.

Pickup coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreational or vacation uses.

Planned community development means a development occupying not less than ten acres which shall include all land within the project boundaries plus all of the adjacent public right-of-way involving a related group of associated uses, planned as an entity and, therefore, acceptable for development and regulation as one complex land use unit.

Porch, covered, means a roofed structure, projecting out from the wall of a main structure.

Principal use means the main use of land or buildings are distinguished from a subordinate or accessory use.

Public open space means any publicly-owned open area including, but not limited to, the following: parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.

Public utility means any person, firm, corporation or municipal department duly authorized to furnish, under public regulations, to the public, electricity, gas, steam, telephone, communications, transportation, water or sewer.

Recreational campground means a tract of land upon which recreational vehicles and/or tents are located and occupied for travel, recreational or vacation purposes.

Recreational vehicle means a travel trailer, pickup coach, motor home, or camping trailer.

Sexually-oriented business means a sexually-oriented arcade, a sexually-oriented bookstore, or sexually-oriented video store, massage parlor, an escort agency or a nude model studio. (Each of these terms is defined within this section.)

Solar farms shall mean any device or combination of devices or elements which rely upon direct sunlight as an energy source for public or private processing, producing, generating, storing, transmitting, or recovering.

Street means a right-of-way other than an alley, which affords a primary means of access to abutting property.

Structural alterations means any change other than incidental repairs which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams and girders.

Structure means anything that is constructed or erected with a fixed location to the ground, or attached to something having a fixed location to the ground. Among other things, structures include walls, buildings, fences, mobile homes and swimming pools. Further included are "drop boxes" whose purpose is to collect clothes and donations from the public, whether said "drop box" is a permanent or temporary structure. The term "structure" includes the term "building".

Travel trailer, dependent, means not equipped with a self-contained kitchen, toilet, bath and shower facilities.

Travel trailer, independent, means equipped with a self-contained kitchen, toilet, bath and shower facilities.

Truck parking area or yard means any land used or intended to be used for the storage or parking of trucks, trailers, tractors, and including commercial vehicles, while not loading or unloading, which exceed 1½ tons in capacity.

Video store, sexually-oriented. (See Bookstore or video store, sexually-oriented.)

Yard and setback mean an open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed, except as otherwise permitted in this chapter, and which extends along a lot line to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

Zoning lot means a parcel of land considered or treated as a single unit. A zoning lot may or may not correspond with a lot or record.

Zoning maps means the maps incorporated into this chapter as a part thereof, designating zoning districts.

(Code 1974, §§ 22-3, 22-4; Ord. No. 2002-28, § 1, 5-21-2002; Ord. No. 2004-27, §§ 1, 2, 8-3-2004; Ord. No. 2019-09, § 1, 5-7-2019; Ord. No. 2019-15, § 1, 8-20-2019; Ord. No. 2021-02, § 3, 3-16-2021; Ord. No. 2024-19, § 1, 11-4-2024)

Cross reference— Definitions generally, § 1-2.

(a)

Minimum requirements. The provisions of this chapter shall be held to the minimum requirements for carrying out its intent and purpose, as defined in section 82-2.

(b)

Relationship with other laws. Where the conditions imposed by any provision of this chapter upon the use of land, building, or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

(c)

Effect on private agreements. This chapter is not intended to abrogate any existing easements, covenants, condition, restriction or any other private agreements; provided, however, that where the regulations of this chapter are more restrictive or impose higher standards or requirements, all future easements shall meet the minimum requirements of this chapter.

(Code 1974, § 22-5)

(a)

Generally. Except as may otherwise be provided in article II of this chapter, all structural alterations or relocation of existing structures occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter, shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such structure's uses or land shall be located.

(b)

Nonconforming structures and uses. Any lawful structure or use existing at the time of the enactment of this chapter may be continued, even though such structure or use does not conform to the provisions of this chapter for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions of article II of this chapter.

(c)

Building permits. Where a building permit for a structure has been issued in accordance with law prior to October 20, 1987, and provided that construction is begun within 90 days of such date and diligently pursued in accordance with the approved plans on the basis of which the building permit has been issued, and further may, upon completion, be occupied under a certificate of occupancy by the use for which originally designated, subject hereafter to the provisions of article II of this chapter.

(Code 1974, § 22-6)

(a)

Use. No structure or land shall hereafter be used or occupied, and no structure or part thereof shall be erected, raised, moved, reconstructed, replaced, extended or altered except in conformity with the regulations specified in this chapter for the district in which it is located.

(b)

Bulk. All new structures shall conform to the building regulations established in this chapter for the district in which each structure shall be located, except that parapet walls, windmills, aerial antennas, water towers, chimneys, cooling towers, elevated bulkheads, fire towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the village.

(Code 1974, § 22-7)

(a)

Maintenance of yards, courts and other open spaces. The maintenance of yards, courts and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts, or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason be used to satisfy yard, court, other open space or minimum lot area requirements for any other building, unless a variance is issued allowing such exception.

(b)

Division of zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located.

(c)

Location of required open space. All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

(d)

Required yards for existing buildings. No yards now or hereafter provided for buildings existing on October 20, 1987, shall subsequently be reduced below, or further reduced below, if already less than, the minimum yard requirements of this chapter for equivalent new construction.

(e)

Permitted obstructions in required yards. The following shall be considered to be the only permitted obstructions when located in the required yards specified:

(1)

In all yards. Open terraces not over four feet above the average level of the adjoining ground but not including a permanent roofed-over terrace or porch; awnings and canopies; steps, four feet or less above grade, which are necessary for access to a permitted building, or for access to a zoning lot from a street or alley; chimneys projecting 18 inches or less into the yard; recreational and laundry-drying equipment; arbors and trellises, and flagpoles.

(2)

In front yards. One-story bay windows projecting three feet or less into the yard; and overhanging eaves and gutters projecting three feet or less into the yard.

(3)

In rear yards. Enclosed, attached or detached off-street parking spaces; open off-street parking spaces; accessory sheds, tool rooms and similar buildings or structures for domestic or agricultural storage; balconies; breezeways and open porches; one-story bay windows projecting three feet or less into the yard; and satellite dish fixtures.

(4)

In side yards. Overhanging eaves and gutters projecting into the yard for a distance not exceeding 40 percent of the required yard width, but in no case exceeding 30 inches.

(5)

Fences, walls and hedging in all zone districts.

a.

Conflicts with traffic control devices. Fences, walls, hedges and trees which may be in conflict with public traffic signals or signs, railroad signals or signs, emergency lights or the movement of traffic shall not be permitted and may be removed or trimmed if the village considers it in the interest of public safety.

b.

Interior lots. Fences, walls and hedges not exceeding four feet in height are permitted in front yards. In side and rear yards, a maximum height of six feet is permitted.

c.

Corner lots (vision clearance). On any corner lot, within the triangular area formed by the two street centerlines and a third line connecting two points, one of which is located on each of the two street centerlines at a point equal to 1½ times the width of the right-of-way of that street from such street centerlines allowed to grow in such a manner as to materially impede visions above the plane surface formed by the centerline grades of such streets.

d.

Swimming pools. Subject to the fencing requirements of the county health code, swimming pools shall be enclosed within a wall, fence, or hedge with a maximum height of six feet, and a minimum height of four feet. Such fencing may be an extension of bearing walls of existing structures in the rear yards, but shall not project closer than six feet to the side or rear lot lines if the fencing is an extension of bearing walls of an existing structure.

e.

In commercial and industrial districts. In all commercial and industrial districts, all walls, fences or hedges shall not be less than six feet nor more than eight feet in height. Any fence that is constructed on a piece of property zoned commercial or industrial shall be a "sight tight" fence or a solid fence which prohibits any party standing on the outside of the fence from viewing the property which is screened by a fence. Any person, entity, partnership, or party wishing to construct a fence on their property must first submit an application to construct such fence to the village administrator, for the village and accompany such application with a $5.00 processing fee. The village administrator shall notify the applicant of the village's decision to issue the permit for the construction of the fence within seven days from the date of receipt of the application.

f.

School sites. Open-mesh type fencing is permitted to enclosed school sites.

g.

Reserved.

h.

Fence construction.

(i)

Irrespective of the zoning classification, any sight tight fence constructed shall be installed with the finished side being visible from the outside of the perimeter of the building lot. No post or support structure shall be visible from the outside of the perimeter of the lot unless approved by the Zoning Officer because of the type of fencing being installed. Prior to the issuance of a fence permit, the applicant shall provide to the Village for its review and engineered drawing or product specification sheet which illustrates the dimensions and the finished appearance of the fence.

(ii)

When considering a permit request which seeks approval for installation or construction of a fence, of which the unfinished side or fence posts will be visible, consideration shall be given to the zoning classification and uses of the surrounding property.

(iii)

Permitted fence materials:

a)

Naturally resistant or treated wood.

b)

Brick or masonry.

c)

Wrought iron.

d)

Vinyl or composition plastic.

e)

Galvanized or coated chain link.

f)

Galvanized panels are not allowed.

g)

All finished exteriors of fence shall be colored in a uniform manner with the exception of florescent colored paint which is prohibited.

(iv)

Temporary fencing. Snow fencing, garden fencing, and construction fencing do not require a fence permit, and shall only be allowed for the following purposes:

a)

Snow fences. Wood or plastic fencing for the purpose of directing the accumulation of drifting snow, are permissible between November 1 and March 31.

b)

Garden fences. Chicken wire, field fencing, or similar materials for the purpose of enclosing and protecting garden areas, are permissible between April 1 and October 31.

c)

Construction fences. Silt fencing, and temporary fencing or barriers to protect construction zone areas, are permissible only in association with an active building permit.

(f)

Residential lot requirements. Irrespective of the prior regulations set forth in subsections (a)—(e) of this section, all residential lots having part of the lot adjacent to a public roadway shall comply with the following requirements:

(1)

No fencing adjacent to the public roadway shall exceed 48 inches in height.

(2)

No fencing shall be allowed from the rear of the housing forward to the street in the side and front yards unless otherwise administratively authorized by the village zoning officer due to unique design conditions present on the property.

(3)

All fencing must be installed at least three feet from the inside of the sidewalk to create a green space visible from the public roadway between the fencing material and the sidewalk.

(g)

[Impervious surfaces.] No impervious surface may be constructed in any setback required by the Zoning Code of the Village of Cherry Valley, Illinois.

(Code 1974, § 22-8; Ord. No. 2001-28, § 1, 7-3-2001; Ord. No. 2003-40, § 1, 11-18-2003; Ord. No. 2008-23, § 1, 11-3-2008; Ord. No. 2020-24, §§ 1, 2, 9-22-2020; Ord. No. 2022-51, § 1, 11-1-2022)

(a)

Contiguous parcel. When two or more parcels of land, either of which lacks adequate area or dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be combined and used as one zoning lot for such use.

(b)

Lots or parcels of land of record. Any single lot or parcel of land, held in one ownership, which was of record at the time of adoption of this chapter amendment, that does not meet the requirements of minimum lot width and area, may be utilized for a permitted use; provided, however, that yards, courts or usable open spaces are not less than 75 percent of the minimum required dimensions or areas.

(c)

Irregular lots. All setbacks shall be determined by the village according to principles as set forth for yard setbacks in this chapter after having first been reviewed by the village planning commission and zoning board of appeals.

(Code 1974, § 22-9)

(a)

In the RR, R1 and R2 districts, not more than one dwelling shall be permitted on a zoning lot.

(b)

In the AG district, more than one dwelling shall be permitted on a zoning lot; provided, however, that the site for each dwelling shall be not less than five acres in area and shall have not less than 250 feet of frontage on a public highway.

(c)

In the R3 and R4 districts, more than one dwelling may be permitted on a zoning lot. In addition to the yards and setbacks established by this chapter, the following additional setbacks between dwellings shall be required where there is more than one dwelling on a zoning lot:

(1)

Side to side: a minimum of ten feet is required.

(2)

Side to back: a minimum of 20 feet is required.

(3)

Front to front: a minimum of 60 feet is required.

(4)

Front to side: a minimum of 20 feet is required.

(5)

Front to back: a minimum of 60 feet is required.

(6)

Back to back: a minimum of 40 feet is required.

(7)

All setbacks shall be increased by one foot for every increase of four feet in height if either of the adjacent buildings are greater than 25 feet in height.

(Code 1974, § 22-10)

(a)

R1, R2 and R3 accessory structures (at no time can any accessory structure be used for living quarters).

Some examples of covered structures:

(1)

Accessory structure. Any structure that is on an R1, R2 or R3 property that is not attached to the dwelling.

(2)

An accessory structure can be a gazebo, pergola, storage shed, garden shed, greenhouse, swimming pool, hot tub, cement or asphalt pads, pigeon lofts, play houses, garages and fire pits.

(b)

Structure definitions.

(1)

Gazebo means an open structure with a roof but may have a decorative railing and screening for insect protection.

(2)

Pergola means an arbor or covered walkway made of trelliswork and may be covered with flowers or vegetation.

(3)

Storage shed means a structure specifically for storage of normal homeowner items such as lawn mowers, snow blowers, rakes, shovels, garden tillers, and other like equipment. This includes all structures either built on site or prebuilt and transported in and may be made installed on wood, cement blocks or a poured concrete slab.

(4)

Garden shed. Any structure that is used to store gardening tools.

(5)

Greenhouse. Any structure that is used to raise or start plants.

(6)

Swimming pools. Above or below ground level.

(7)

Hot tubs. Above or below ground level.

(8)

Concrete or asphalt parking pads or driveways. Any size.

(9)

Lofts. Pigeons (per state statute 510 ILCS 45/1 et seq.).

(10)

Playhouses. Structures built on the ground, raised above the ground, or in trees and meant for the enjoyment of children.

(11)

Garage. A structure specifically for parking cars, motorcycles, boats, or other motorized equipment and must have a driveway leading to it when constructed and is considered one structure. Must be constructed on an approved concrete slab with or without footings depending on county building codes.

(c)

Limitations on R1, R2 and R3 accessory structures.

(1)

No more than two accessory structures per lot (a driveway to a garage is considered part of the garage).

(2)

If the residence has an attached garage, the amount of accessory structure space allowed is 600 square feet.

(3)

If the residence does not have an attached garage, the amount of accessory structure space allowed is 800 square feet.

(4)

The structure cannot have siding or roofing of a reflective nature.

(5)

The structure must be limited to a neutral color with a complementing trim color if desired. Prefab garden or tool sheds of 120 square feet or less are exempt from this requirement.

(6)

All accessory structures must be a minimum of 20 feet beyond the rear of the residence on the property.

(7)

No accessory structure can be greater than 15 feet in height.

(8)

Any structure with enclosed walls must have openings (windows and doors) on three sides. The exception is structures of 120 square feet or less are exempt from this requirement.

(9)

No structure in this section can have plumbing with the exception of swimming pools and hot tubs. Electricity will require a permit from the county building department.

(d)

Setbacks.

(1)

Side setbacks any place in the village will be six feet. If an existing structure is only modified in some manner, the original setback that was approved remains, and if an approved plat states a different setback, the approved plat setback will be followed.

(2)

Rear setbacks will be six feet, but at no time can a structure be built or placed on an easement. If the approved plat for a property is different than this ordinance, the approved plat setback will be followed.

(3)

No part of this structure, including the roof, overhang and gutters can extend into the six-foot side and rear setbacks stated in this ordinance.

(e)

Documents and information required for any zoning/building request.

(1)

Completed village zoning permit/building permit application.

(2)

Information required on the zoning/building permit application form must include:

a.

Detailed drawing/sketch/rendering of structure.

b.

Structure must be limited to a neutral color with a complementing trim color if desired. Prefab garden or tool sheds of 120 square feet or less are exempt from this requirement.

c.

Site drawing showing the structure in relationship to the primary building, property pins and utility easements.

(f)

Zoning officer requirements.

(1)

Make site visits when completed package is received and is required to take pictures of the principal building and the proposed area for the accessory structure.

(2)

Forwards the completed package to either the planning and zoning commission if he/she feels a variance is required or directly to the village board for review.

(g)

Planning and zoning commission.

(1)

Reviews the application and other required documents and votes on the finding of fact.

(2)

Their recommendation of either an approval or rejection of the application is then forwarded to the village board for final action.

(h)

Village board of trustees.

(1)

An application package received from the planning and zoning commission will be reviewed based on the recommendation coming out of the commission.

a.

Note that an unfavorable recommendation from the planning and zoning commission requires a super majority of the board to approve the project.

(2)

An application received from the zoning officer that they feel does not require a variance will be reviewed by the village board and sent to planning and zoning if the board feels a zoning variance is required.

(3)

Votes to approve or deny the application for a permit.

(i)

Dismantling; removal; fines. Any structure that is constructed or moved onto a property in the stated ordinance area will be required to be dismantled or removed if portable until such time as the homeowner goes through the approval process laid out above and all expenses related to the dismantling and/or removal of a portable structure will be the responsibility of the homeowner. Fines for not complying with the ordinance as written will be $50.00/day, and each day will be considered a separate offense and fines will start effective the day that construction started on the structure or a portable structure was moved on the property.

(Ord. No. 2019-15, § 3, 8-20-2019)

Editor's note— Ord. No. 2019-15, § 2, adopted August 20, 2019, repealed § 82-10 and enacted a new § 82-10. Former § 82-10 pertained to accessory buildings and derived from 1974 Code § 22-11; Ord. No. 2000-1, adopted January 4, 2000; Ord. No. 2004-27, adopted August 3, 2004; and Ord. No. 2016-25, adopted August 1, 2016.

Where a use is classified as a special use under this chapter, and exists as a permitted use at the date of the adoption of this chapter, it shall be considered a legal use, without further action of the village board, the zoning officer or the planning commission.

(Code 1974, § 22-12)

Where a block is at least 40 percent occupied by permanent buildings at the time of the passage of this chapter, the average of the distances of the street walls of such buildings from the street right-of-way line shall be the requirements of each district, but in no case shall a setback of greater than 60 feet be required.

(Code 1974, § 22-13)

Editor's note— Ordinance No. 2000-1, § 5, adopted January 4, 2000, repealed section 82-13 in its entirety. Formerly, such section pertained to accessory buildings; number limitation and derived from section 22-14 of the 1974 Code.

It is hereby declared to be the intention of the village that the several provisions of this chapter are separable, in accordance with the following:

(1)

If any court of competent jurisdiction shall declare any provisions of this chapter to be invalid, such ruling shall not affect any other provisions of this chapter not specifically included in such ruling.

(2)

If any court of competent jurisdiction shall declare invalid the application of any provisions of this chapter to a particular property, building or other structure, such ruling shall not affect the application of such provisions to any other property, building or structure not specifically included in such ruling.

(Code 1974, § 22-76)