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Countryside City Zoning Code

CHAPTER 2

GENERAL ZONING PROVISIONS

10-2-1: INTERPRETATION:

   A.   Minimum Requirements: The provisions herein shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.
   B.   Relationship With Other Laws: Where the conditions imposed by any provision herein upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision herein 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 Existing Agreements: This title is not intended to abrogate any easement, covenant or any other private agreement provided that, where the regulations of this Title are more restrictive (or impose higher standards or requirements) than such easement, covenants or other private agreements, the requirements herein shall govern.

10-2-2: SCOPE OF REGULATIONS:

   A.   Changes in Structures or Use: Except as may otherwise be provided in Chapter 3 of this Title, all buildings hereafter erected, all uses of land or buildings hereafter established, all structural alterations or relocation of existing buildings occurring hereafter and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations herein which are applicable to the zoning districts in which such buildings, uses or land shall be located.
   B.   Nonconforming Buildings, Structures and Uses: Any lawful building, structure or use existing at the time of the enactment of the zoning ordinance may be continued even though such building, structure or use does not conform to the provisions herein for the district in which it is located; and whenever a district shall be hereafter changed, the then existing lawful use may be continued, subject to the provisions of Chapter 3 of this Title, Nonconforming Buildings and Uses.
   C.   Building Permits: Where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, and provided that construction is begun within ninety (90) days of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further may, upon completion, be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of Chapter 3 of this Title, Nonconforming Buildings and Uses.

10-2-3: USE AND BULK REGULATIONS:

   A.   Use: No building, structure or land shall hereafter be used or occupied, and no building or part thereof, or other structure, shall be erected, raised, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations specified herein for the district in which it is located.
   B.   Bulk: All new buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located, except that parapet walls, chimneys, cooling towers, elevator 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 City.

10-2-4-1: 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 of 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.

10-2-4-2: DIVISION OF ZONING LOTS:

No improved zoning lot shall hereafter be divided into two (2) 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. However, with respect to the resubdivision of improved zoning lots in the R-4, R-5 and R-6 Districts, side yard requirements shall not apply between attached buildings.

10-2-4-3: 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.

10-2-4-4: REQUIRED YARDS FOR EXISTING BUILDINGS:

No yards now or hereafter provided for a building existing on the effective date of this zoning ordinance shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of the ordinance for equivalent new construction. (Ord. 80-2-0, Dec. 1979)

10-2-4-5: PERMITTED OBSTRUCTIONS IN REQUIRED YARDS:

(The Greenbelt Concept Applied to Business and Manufacturing Yards): The following accessory structures are permitted and may be obstructions in the required yards. However, in order to create and preserve a "greenbelt" around all business and manufacturing districts, no structures or improvements, with the exception of sidewalks and those hereinafter specifically so designated, are permitted in any front yard or side yard abutting a public street in a business and manufacturing district:
 
Note:
F
Denotes permitted obstruction in front yards and side yards adjoining streets.
S
Denotes permitted obstruction in interior side yards.
R
Denotes permitted obstruction in rear yards.
C
Denotes permitted obstruction in open courts.
B-M
Denotes those obstructions specifically permitted in front yards and/or side yards abutting public streets in business and manufacturing districts.
Air conditioning equipment, window units may project not more than 18 inches, including a corner side yard
F
R
C
   Central air conditioning units may project into a required yard provided the unit is properly screened, by not more than 4 feet
F
R
Arbors or trellises, and where trellises are attached to the principal building they may also project into front yards, side yards, rear yards or courts
F
S
R
C
B-M
Architectural entrance structures on a lot not less than 1 acre in area or at entrance roadways into subdivisions or planned developments containing 50 or more lots
F
S
R
Awnings or canopies, which may project not more than 3 feet into a required yard or court
F
S
R
C
B-M
Balconies, but not more than 4 feet
F
R
C
Bay windows - projecting not more than 3 feet into a yard, or 2 feet into an interior side yard
F
S
R
Camper, camper trailer, boat or other recreational equipment or vehicle (see chapter 10, "Off Street Parking And Loading", of this title)
Chimneys, attached - projecting not more than 24 inches into a yard or court
F
R
C
Driveways which are not closer than 1.5 feet or a distance equaling 3 percent of the lot width, whichever is greater, to the side lot line. Driveways existing prior to January 1, 2012, may be maintained and replaced as built
F
S
R
Eaves and gutters on principal buildings or attached accessory buildings - projecting not more than 30 inches into a required front and rear yard, not more than 18 inches into a required side yard or court
F
S
R
C
B-M
Fallout shelters, underground when properly landscaped or screened
R
Flagpoles
F
S
R
C
B-M
Garages or carports, attached or detached
R
Growing of farm and garden crops in the open. Flowers and landscaping permitted in all yards
R
Lawn furniture, such as benches, sundials, birdbaths and similar architectural features
F
S
R
C
Off street loading and parking (see chapter 10 of this title)
Open off street parking spaces (see chapter 10 of this title)
Ornamental light standards
F
S
R
C
Playground and laundry drying equipment
R
C
Playhouses and open sided summer houses
R
Sheds and storage buildings for garden equipment and household items as accessory to dwellings and buildings and structures customarily incidental to the pursuit of agriculture
R
Sidewalks and stoops up to 3 feet
F
S
R
Signs and nameplates as herein regulated
F
S
R
C
B-M
Sills, belt courses, cornices and ornamental features of the principal building, projecting not more than 18 inches into a yard or court
F
S
R
C
B-M
Steps, open - necessary for access to and from the dwelling or an accessory building, steps as access to the lot from the street, and in gardens or terraces, provided there are no more than 8 steps for access to and from a principal or accessory building
F
S
R
C
Swimming pools and hot tub/spa systems, private - when conforming also with other codes or ordinances of the City
R
Tennis courts, private
R
Terraces, patios and outdoor fireplaces
R
Trees, shrubs and flowers
F
S
R
C
B-M
Other accessory buildings, structures and uses not permitted in this section as accessory to a permitted use shall not be permitted except after a hearing as required by section 10-12-4 of this title
 
   A.   In All Yards: Open terraces not over four feet (4') above the average level of the adjoining ground but not including a permanently roofed over terrace or porch; awnings and canopies, steps, four feet (4') 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 eighteen inches (18") or less into the yard; recreational and laundry drying equipment, arbors and trellises, and flagpoles. Mesh type fences having a height of six feet (6') or less may be used to locate property lines within the required side or rear yards in the residential districts. Fences, walls or latticework screens which form outside living rooms or provide necessary privacy for swimming pools or other activities, and are actual projections from the bearing walls of existing dwellings, may be extended into either the side or the rear yards but not both yards where the fence, wall or screen has no less than fifty percent (50%) of the surface open or is a vertical type of louvered fence, which can prevent free movement of air from one or more directions and yet have more than fifty percent (50%) of its surface open when viewed on an angle from two (2) directions, provided, however:
      1.   That the projection shall not prohibit the erection of an open mesh type fence over six feet (6') in height enclosing an elementary or high school site; and
      2.   That this projection shall not limit the height, type or location of a fence, wall or other structures which are located within the buildable area exclusive of the side or rear yards of the property.
   B.   In Front Yards: One-story bay windows projecting three feet (3') or less into the yard; and overhanging eaves and gutters projecting three feet (3') or less into the yard.
   C.   In Rear Yards: Enclosed, attached or detached off street parking spaces; open off street parking spaces; accessory sheds, toolrooms and similar buildings or structures for domestic or agricultural storage; balconies; breezeways and open porches, one-story bay windows projecting three feet (3') or less into the yard; overhanging eaves and gutters projecting three feet (3') or less into the yard. In the R-1 and R-2 residential districts, no accessory building shall be nearer than five feet (5') to the side lot line, and in the R-3 residential district, no accessory building shall be nearer than three feet (3') to the side lot line. In no residential district shall any accessory building be nearer than ten feet (10') to any principal building unless attached.
   D.   In Side Yards: Overhanging eaves and gutters projecting into the yard for a distance not exceeding forty percent (40%) of the required yard width, but in no case exceeding thirty inches (30"). (Ord. 80-2-0, 12-1979; amd. Ord. 80-20-0, 12-1979; Ord. 84-16-0, 5-9-1984; Ord. 86-41-0, 10-22-1986; Ord. 12-8-0, 1-25-2012; Ord. 24-02-O, 2-28-2024)

10-2-4-6: VISION CLEARANCE AT CORNER LOTS:

No building or structure hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles shall be located:
   A.   In any residential districts exceeding a height of three feet (3') above the street grade within twelve feet (12') of the intersecting street line bordering corner lots; and
   B.   In any business or manufacturing district, within eight feet (8') of the intersecting street lines bordering a corner lot, provided that this regulation shall not apply to that part of a building above the first floor. (Ord. 80-2-0, 12-1979)

10-2-5: MINIMUM LOT AREA AND DIMENSION; EXCEPTIONS:

   A.   Contiguous Parcels: When two (2) or more subdivided lots or parcels of land of record, each of which lacks the minimum required area or dimension, or both, for a permitted use within the zoning district in which they are located, are contiguous and together contain the required minimum area and dimension and are owned solely by a person or persons who were an owner or owners of record at the time said lots were legally subdivided, they may be used together for such a permitted use as if they constituted one zoning lot of record, without resubdivision. (Ord. 98-32-0, 8-12-1998)
   B.   Lots Or Parcels Of Land Of Record: Any single lot or parcel of land that was a subdivided lot or parcel of land of record on July 11, 1960, the effective date of the first city of Countryside zoning ordinance but does not meet the minimum lot dimension or minimum lot area requirements, or both, from time to time in effect for permitted uses within the zoning district in which it is located, may be utilized for a permitted use within that zoning district, provided that such use is in conformance with all other requirements for that zoning district.
Any single lot or parcel of land that was a subdivided lot or parcel of land of record on the date that lot or parcel was annexed or incorporated but does not meet the minimum lot dimensions or minimum lot area requirements or both, from time to time in effect for permitted uses within the zoning district in which it is located, may be utilized for a permitted use within that zoning district, provided that such use is in conformity with all other requirements for that zoning district. (Ord. 06-39-0, 9-20-2006)

10-2-6: ACCESS TO PUBLIC STREETS:

Except as otherwise provided for herein, every building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street unless a permanent easement of access to a public street was of record prior to the adoption of this section. (Ord. 80-2-0, 12-1979)

10-2-7: NUMBER OF BUILDINGS ON A ZONING LOT:

Except in the case of a planned development, not more than one principal detached residential building shall be located on a residential zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building. (Ord. 80-2-0, 12-1979)

10-2-8: REZONING OF PUBLIC AND SEMIPUBLIC AREAS:

An area indicated on the zoning map as a public park, recreation area, public school site, cemetery or other similar open space, shall not be used for any other purpose than that designated; and when the use of the area is discontinued, it shall automatically be zoned to the most restricted adjoining district until appropriate zoning is authorized by the city council within three (3) months after the date of application filed for rezoning. (Ord. 80-2-0, 12-1979)

10-2-9: ACCESSORY BUILDINGS AND STRUCTURES:

   A.   Accessory Building And Structure Prohibited In Front Yards: No accessory building or structure shall be erected in any required front yard.
      1.   Exceptions:
         a.   Trellises and other decorative structures provided the floor area does not exceed one hundred twenty (120) square feet.
         b.   Fences, as permitted by title 8 of this code.
   B.   Side Yard Location: When a side yard is required, no part of an accessory building or structure shall be located closer than five feet (5') to the side lot line along such side yard.
      1.   Exceptions:
         a.   Within the R-7 zoned district, on a lot of one acre or larger, accessory buildings or structures are subject to the same side yard requirements as those for principal buildings in the R-7 zoned district.
         b.   Within the R-3 zoned district no accessory building or structure shall be located closer than three feet (3') from such lot line along such side yard.
         c.   Fences, as permitted by title 8 of this code.
         d.   Trellis and other decorative structures, provided the floor area does not exceed one hundred twenty (120) square feet.
   C.   Rear Yard Location: When a rear yard is required, no part of an accessory building or structure shall be located closer than five feet (5') to the rear lot line or to those portions of the side lot line abutting such required rear yard.
      1.   Exceptions:
         a.   Within the R-7 zoned district, on a lot of one acre or larger, accessory buildings or structures shall not be closer than fifteen feet (15') to the rear lot line or to those portions of the side lot line abutting such required rear yard.
         b.   Fences, as permitted by title 8 of this code.
         c.   Trellises and other decorative structures provided the floor area does not exceed one hundred twenty (120) square feet.
   D.   Location Of Accessory Building Or Structure: No accessory building or structure shall be closer than ten feet (10') to any structure other than a fence.
      1.   Exception:
         a.   Trellises and other decorative structures provided the floor area does not exceed one hundred twenty (120) square feet. (Ord. 08-63-0, 9-24-2008)
   E.   Location On Corner Lots: Accessory buildings are subject to the same corner lot requirements as those for principal buildings within that zoning district.
      1.   Exception: On a reversed corner lot in a residential district and within fifteen feet (15') of an adjacent property to the rear in a residential district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to sixty percent (60%) of the least depth which would be required hereunder for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory building shall be located within five feet (5') of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residential district. (Ord. 07-02-0, 1-10-2007)
   F.   Height Of Accessory Buildings Or Structures: No accessory building or structure or portion thereof shall exceed fifteen feet (15') in height.
      1.   Exception:
         a.   Within the R-7 zoned district, on a lot of one acre or larger, the height of an accessory building shall not exceed the height of the principal building on the same lot.
   G.   Size Of Accessory Buildings And Structures:
      1.   No accessory building shall exceed seven hundred twenty (720) square feet or forty percent (40%) of the square feet contained in the rear yard, measured from the rear of the principal building to the rear lot line, whichever is less.
      2.   No accessory structures combined shall exceed seven hundred twenty (720) square feet or forty percent (40%) of the square feet contained in the rear yard, measured from the rear of the principal building to the rear lot line, whichever is less.
      3.   Exception: Within the R-7 zoned district, on a lot of one acre or larger, the maximum floor area lot coverage of an accessory building shall not exceed one thousand five hundred (1,500) square feet, or two and seventy six hundredths percent (2.76%) of the square feet of the lot, whichever is less. (Ord. 08-63-0, 9-24-2008)
      4.   Exception: No accessory structures combined, when including an aboveground or inground swimming pool, shall exceed twenty five percent (25%) of the square feet contained in the rear yard, measured from the rear of the principal building to the rear lot line. (Ord. 09-33-0, 8-12-2009)
   H.   Construction On Vacant Lot Prohibited: No accessory building or structure shall be constructed on any zoning lot prior to the start of construction of the principal building to which it is accessory.
      1.   Exceptions:
         a.   Where one or more vacant zoning lots are contiguous to a zoning lot which contains a principal building, and all such lots are under the same ownership or control, an accessory building or structure may be constructed upon one or more of such vacant zoning lots to serve as accessory to the principal building; and thereafter, the zoning lot or lots containing the accessory building or structure may not be sold as a separate tract without the consent of the city council.
         b.   This exception shall also apply when both the principal building and the accessory building or structure are being constructed concurrently and by authorization of the same building permit.
         c.   Fences, as permitted by title 8 of this code.
   I.   Number Of Accessory Buildings Or Structures On Zoning Lot:
      1.   No more than one (1) single accessory building or structure which shall not exceed seven hundred twenty (720) square feet or forty percent (40%) of the lot area, whichever is less, in the actual rear yard or a maximum of three (3) accessory buildings or structures with a cumulative area of seven hundred twenty (720) square feet and cumulative total of forty percent (40%) of lot coverage of the rear yard, whichever is less, shall be allowed on each residential zoned lot which contains a principle building.
      2.   Exception: Within the R-7 zoned district, on a lot of one acre or larger, the maximum floor area lot coverage of an accessory building or structure shall not exceed one thousand five hundred (1,500) square feet, or two and seventy six hundredths percent (2.76%) of the square feet of the lot, whichever is less in the actual rear yard or a maximum of three (3) accessory buildings or structures with a cumulative area of one thousand five hundred (1,500) square feet, or two and seventy six hundredths (2.76 %) of the square feet of the lot, whichever is less in the actual rear yard.
   J.   Accessory Buildings And Structures Specifically Prohibited:
      1.   Tents larger than fifty (50) square feet erected for a period longer than seven (7) days.
      2.   Portable/temporary car/motorcycle/recreational vehicle/sport utility vehicle/boat or small equipment garage/shelter. (Ord. 08-63-0, 9-24-2008; amd. Ord. 21-03-O, 1-27-2021; Ord. 22-09-O, 1-26-2022)

10-2-10: PERFORMANCE STANDARDS:

The performance standards for the M-1 manufacturing district 1 shall also apply to all residential or business districts. (Ord. 80-2-0, 12-1979)

10-2-11: EXISTING SPECIAL USES:

Where a use is classified as a special use and exists as a permitted use at the date of the adoption of the ordinance, it shall be considered a legal use, without further action of the city council, the zoning administrator or the board of appeals. (Ord. 80-2-0, 12-1979)

10-2-12: USES NOT SPECIFICALLY PERMITTED IN DISTRICTS:

When a use is not specifically listed in the sections devoted to permitted uses, it shall be assumed that such uses are hereby expressly prohibited unless by a written decision of the board of appeals it is determined that said use is similar to and not more objectionable than uses listed. Such uses may then be permitted. (Ord. 80-2-0, 12-1979)

10-2-13: FENCES:

Fences are permitted accessory uses in all districts. The following regulations shall govern the type, location and construction of all fences. When a fence is erected not in conjunction with a building permit for a principal use or building, a separate permit is required.
   A.   Residential Districts: Fences may be erected in all residential districts subject to the following:
      1.   Open fences may be erected in or on the boundary of any rear yard or interior side yard. The total height shall not exceed six feet (6') above existing grade.
      2.   Open fences may be erected in or on the boundary of any corner or side yard to a height of four feet (4') above existing grade.
      3.   Open fence may be erected in or on the boundary of any front yard to a height of three feet (3') above existing grade.
      4.   Standard solid six foot (6') fences may be erected in any interior side yard or rear yard to a height of six feet three inches (6'3") above the existing grade.
      5.   Standard solid eight foot (8') fences may be erected in any side or rear yard to a height of eight feet three inches (8'3") above existing grade when said yard adjoins a business district.
      6.   Any fence erected within the city after June 1, 1984, shall be constructed so that all supporting posts are located on the interior side of the lot or parcel upon which such fence is situated.
      7.   The height of any fence subject hereto shall be determined by the existing natural contour, or the major portion of the lot or parcel to which it is affixed. All applications for a permit to erect, construct or repair a fence shall be made upon a form approved by the building commissioner, and shall be accompanied by a drawing or drawings showing the type and location of the fence on a lot or plat plan showing the lot lines and/or easements and streets pertinent to the lot or parcel upon which the proposed fence is to be erected, constructed or repaired.
   B.   Business Districts: Fences erected in all business districts shall be subject to the following:
      1.   When real estate used and/or zoned for a business purpose or purposes adjoins real estate zoned and/or used for residential purposes, the owner or owners of the real estate zoned and/or used for a business purpose or purposes shall construct and maintain a solid fence to a height of eight feet three inches (8'3") above existing grade immediately inside the boundary line (on said owner's or owners' side) which separates said business real estate from the residential real estate.
      2.   A solid fence shall be erected to a height of not less than six feet (6') nor more than eight feet (8') to enclose and screen all refuse collection areas or facilities.
      3.   A solid fence shall be erected to enclose all outdoor storage of material, motor vehicles and other equipment storage areas (not off street parking facilities). The height of the fence shall be equal to the height of the material or equipment stored, but need not exceed ten feet (10').
      4.   An open fence may be erected in the interior side yard or rear yard of any business district to a height of six feet (6') above existing grade.
      5.   The height of any fence subject hereto shall be determined by the existing natural contour, or the major portion of the lot or parcel to which it is affixed.
   C.   Public, Quasi-Public And Public Utility Uses:
      1.   Open fences may be installed in any side or rear yard to a height of not more than eight feet (8').
      2.   Public utility uses such as transformer substations or other hazardous uses shall be fenced. The top of such fences may include barbed wire when deemed necessary for public safety by the zoning administrator.
When the lot line of such utility uses coincides with a lot line in a residential district, the fencing installed shall provide adequate screening. The screening may be of a solid fence or an open or semiopen fence, or an open fence with shrubbery to a height of not less than five feet (5'). The plan for such screening shall be approved by the plan commission. When a public utility use fronts on a public street, similar fencing and landscaping shall be installed.
      3.   Public or quasi-public recreation areas may be enclosed along their boundaries with an open type fence to a height not to exceed eight feet (8'). Tennis courts and other similar uses may be fenced in keeping with national standards for such uses.
When a fence is required for an existing business or public utility use, and such has not been installed, the fence requirements must be met not less than three (3) years from the date of adoption of this title.
   D.   Corner Lot Fence Variations: Applications for fence variations for properties located on corner lots shall be reviewed and decided in accordance with the provisions of Section 10-12-4-12 of this Code. (Ord. 80-2-0, 12-1979; amd. Ord. 80-2-0, 12-1979; Ord. 84-16-0, 5-9-1984; Ord. 87-40-0, 7-8-1987; Ord. 15-47-0, 10-28-2015; Ord. 20-12-O, 5-13-2020; Ord. 22-09-O, 1-26-2022)

10-2-14: DISK ANTENNAS:

   A.   Permitted Use In All Zoning Districts: Disk antennas, as defined in section 10-1-3 of this title, shall be permitted uses in all zoning districts provided that they comply with the conditions set forth in the following:
      1.   Maximum Height: Any such antenna shall not exceed a height of thirteen feet (13') as measured from the average surrounding grade to the highest point of the antenna or its supporting structure.
      2.   Maximum Diameter: Any such antenna shall not exceed ten feet (10') in diameter.
      3.   Location: Any such antenna shall be located only in the rear yard of the premises upon which it is situated.
   B.   Compliance Requirements:
      1.   Setback Requirements: Any such antenna shall be located within the setback lines applicable to the zoning district in which it is situated.
      2.   Other Codes And Ordinances: Any such antenna shall be constructed in accordance with the provisions of section 8-1-9 of this code and other applicable city codes and ordinances. (Ord. 85-4-0, 2-13-1985)

10-2-15: UTILITIES:

All new subdivisions and other developments, and all new construction in existing subdivisions and other developments, or parts thereof, shall provide for underground installation of public and other utilities (including electric, telephone and cable television) in both public ways, private extensions thereof, utility easements, and any other place in which the same may be located. (Ord. 90-29-0, 7-11-1990)

10-2-16: NOISE:

   A.   Prohibited Noise: No person or business shall emit beyond the boundaries of his or her property located within the limits of the City of Countryside any noise that unreasonably interferes with the enjoyment of life or with any lawful business or activity within the limits of the City of Countryside so as to violate any noise emission standard adopted by the Illinois Pollution Control Board to implement the Environmental Protection Act.
   B.   Noise Standards Adopted: The standards for noise emissions adopted by the Illinois Pollution Control Board, title 35, subtitle H, chapter 1, part 900 of the Illinois Administrative Code, as amended are hereby adopted by reference as the standards for noise emissions for the City of Countryside. (Ord. 02-17-0, 6-12-2002)

10-2-17: LOCATION OF SWIMMING POOLS AND HOT TUB/SPA SYSTEMS:

   A.   Administration and Enforcement
      1.   Purpose: This Section provides the minimum requirements and standards for the protection of the public health, safety, and welfare of the residents of Countryside.
      2.   Scope: The provisions of this Section shall apply to the erection, installation, alteration, addition, repair, relocation, replacement, maintenance, or use of any private swimming pools or hot tub/spa system as accessory structures to residences.
      3.   Existing installations:
         a.   Any swimming pool or hot tub/spa system lawfully installed prior to the effective date of the ordinance from which this Section is derived may have its existing use, maintenance or repair continued if the use, maintenance, or repair is in accordance with the original design and location, and no hazard to the public health, safety or welfare has been created by such system.
         b.   The owner or designated agent shall be responsible for maintaining the swimming pool or hot tub/spa system in a safe and sanitary condition.
   B.   Definitions:
      RESIDENTIAL SWIMMING POOL: Residential swimming pool means any constructed pool, whether indoors or outdoors, above or below the surface of the ground, or both, permanent or nonportable, which is intended for residential use as a swimming pool by the owner's family and their guests, and which is over twenty-four inches (24") in depth and has a surface area exceeding two hundred fifty (250) square feet.
      HOT TUB/SPA SYSTEM:
         a.   Pursuant to this Code, a hot tub/spa system is defined as a unit designed for recreational and therapeutic use, which is not drained, cleaned or refilled for each user, including, but not limited to, hydrojet circulation, hot water, cold water mineral baths, air induction bubbles or any combination thereof in accordance with the adopted year by the City of the International Swimming Pool and Spa Code (ISPSC).
         b.   Industry terminology for a hot tub/spa system includes, but is not limited to, "therapeutic pool," "hydrotherapy pool," "whirlpool," "hot spa," "hot tubs," etc.
         c.   This standard excludes facilities used or under the direct supervision and control of licensed medical personnel.
   C.    Except as hereinafter provided, no portion of an outdoor private residential swimming pool or appurtenant equipment (pumps, filters, etc.) shall be located at a distance less than ten feet (10') from the principal residence, any side or rear property line, or building line.
      1.   Exceptions:
         a.   Walkways.
         b.   Appurtenant equipment may be located in the principal residence building or in an accessory building.
         c.   Hot tub / spa systems are permitted on a residential property without setback requirements; however, it shall not be located within an easement.
   D.    Where both the principal residence and swimming pool or hot tub/spa system are constructed upon a building site of ten thousand (10,000) square feet or less, no portion of an outdoor private residential swimming pool or appurtenant equipment shall be located less than five feet (5') from the principal residence, and not less than three feet (3') from any side or rear property line or building line.
      1.   Exceptions:
         a.   Walkways.
         b.   Appurtenant equipment may be located in the principal residence building or in an accessory building.
         c.   Hot tub / spa systems are permitted on a residential property without setback requirements; however, it shall not be located within an easement.
   E.   Residential Swimming Pools or hot tub/spa systems constructed on corner sites lots shall conform to the setback and side yard requirements in the zoning ordinance of the City; but in no event shall the swimming pool, hot tub/spa system, or appurtenant equipment be closer than ten feet (10') from the street right-of-way line.
      1.   Exception:
         a.   Walkways at grade level. (Ord. 07-25-0, 7-25-2007; amd. Ord. 24-02-O, 2-28-2024; Ord. 25-22-O, 7-9-2025)

10-2-18: BEEKEEPING:

   A.   Keeping: The keeping of honey bees, of the European species Apis Mellifera, is considered an accessory use to a principal use. No owner of any property shall allow other persons, not residing on such property, to maintain bee colonies on such property except when used in conjunction with an education curriculum at a school.
   B.   General Standards:
      1.   Hive Type: All bee colonies must be kept in a hive with removable combs which shall be kept in good repair and usable condition.
      2.   Colony Density:
         a.   Two (2) full beehives shall be permitted on single family residences zoned R-1.
         b.   One full beehive shall be permitted on single family residences zoned R-2 and R-3.
         c.   Four (4) full beehives shall be permitted on single family residences zoned R-7.
      3.   Minimum Yard Setback Requirements:
         a.   Rear Yard Only: Apiaries shall be located in the rear yard only in single family residential and commercial zoning districts.
         b.   Interior Side Yards: Apiaries shall be located a minimum of five feet (5') from the abutting interior lot line.
         c.   Rear Yard: Apiaries shall be located a minimum of five feet (5') from the abutting rear yard lot line.
         d.   Right-Of-Way: Apiaries shall be located a minimum of fifteen feet (15') from a property line that abuts a street right-of-way, private road, alley, or park.
         e.   Rooftops Or Balconies: Apiaries shall not be permitted on balconies. In commercially zoned districts only, apiaries may be located on rooftops.
         f.   Schools And Public Pools: Apiaries are prohibited for any property that abuts these uses with the following exception:
            (1)   Schools or parks may have apiaries when used in conjunction with an education curriculum at a school.
            (2)   A golf course is not considered a park in this application.
      4.   Fencing: All hives shall be enclosed by fencing of minimum six feet (6') in height, solid fence with a secure gate and prominent signage warning of the presence of a hive.
      5.   General Maintenance: Beekeepers shall keep all beekeeping equipment in good condition and secure unused equipment from weather, potential theft, vandalism or occupancy by migratory colonies.
         a.   Components: Each owner shall ensure that no bee comb or other materials are left upon the grounds of the property where a hive is maintained. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.
         b.   Water: Beekeepers shall ensure a continuously available source of water is located within the property, provided that it is closer than water sources on any adjoining parcel. The water source shall be available at all times during the beehive's active months, March through November. The water source must be maintained by changing the water at least once a week so as not to create a breeding site for mosquitoes.
      6.   Non-Commercial Use: No commercial use or retail sales of bees, honey, honey comb or other bee products or beekeeping products shall be permitted from any residential property.
      7.   Prohibited: The keeping by any person of bee colonies in the City not in compliance with this section is prohibited. Any bee colony not residing in a hive structure intended for beekeeping, or any swarm of bees, or any colony residing in a standard or homemade hive which, by virtue of this condition, has obviously been abandoned by the owner is unlawful.
      8.   Application Requirements:
         a.   Permits: Beekeeping shall require a general permit application to be submitted to the Building Department.
         b.   Site Plan: A scaled site plan of the proposed apiary showing placement of the beehive(s), the fencing and compliance with all applicable requirements.
         c.   Insurance: A certificate of insurance from property owner's homeowner's insurance policy covering the property on which the apiary will be located.
         d.   State Registration: Beekeepers must, submit proof of registration of the colonies with the Illinois Department of Agriculture or as otherwise required by the State of Illinois. State registration must be maintained for the life of the beehive.
         e.   Illinois Bees And Apiaries Act: All beekeepers shall be in compliance with the Illinois Bees and Apiaries Act.
         f.   Indemnify: Submit a signed Beekeeping Hold Harmless/Indemnification Agreement.
      9.   Removal: Any honey bee colony not residing in a hive structure intended for beekeeping, or any swarm of honey bees or colony residing in a hive which, by virtue of its condition, has been abandoned by the beekeeper, is unlawful, and shall be removed from the City limits by the property owner upon receipt of written notice from the City.
      10.   Violation; Fine: Any person violating the provisions of this section shall be fined not less than seven hundred fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed upon each and every day such violation continues. In the event a person is found guilty of violating this section, the City Council may revoke the right of the property owner to further engage in beekeeping upon his or her property. These remedies are in addition to any other remedies available at law or equity. (Ord. 17-39-0, 11-8-2017)

10-2-19: MEDICAL/ADULT-USE CANNABIS:

   A.   Purpose And Applicability: It is the intent and purpose of this section to provide regulations regarding the cultivation, processing and dispensing of medical/adult-use cannabis occurring within the corporate limits of the city. Such facilities shall comply with all regulations provided in the cannabis regulation and tax act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder, and the regulations provided below. In the event that the act is amended, the more restrictive of the state or local regulations shall apply.
   B.   Special Use Variations: Medical/adult-use cannabis business establishment facilities, as defined herein, requiring approval of a special use in the respective districts in which they are requested shall be processed in accordance with section 10-12-4-6 (Special Use Variations) of this title and division C (Medical/Adult-Use Cannabis Facility Components) of this section.
   C.   Medical/Adult-Use Cannabis Facility Components: In determining compliance with section 10-12-4-6 (Special Use Variations) of this title, the following components of the medical/adult-use cannabis facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:
      1.   Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property;
      2.   Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance;
      3.   Hours of operation and anticipated number of customers/employees;
      4.   Anticipated parking demand and available private parking supply;
      5.   Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways;
      6.   Site design, including access points and internal site circulation;
      7.   Proposed signage plan;
      8.   Compliance with all requirements provided in division D of this section (Adult-Use Cannabis Dispensing Organization), as applicable; and
      9.   Other criteria determined to be necessary to assess compliance with section 10-12-4-6 (Special Use Variations) of this title.
   D.   Medical/Adult-Use Cannabis Dispensing Organization: In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following.
      1.   Facility may not be located within one thousand five hundred feet (1,500') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home, church or house of worship. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.
      2.   Facility may not be located in a dwelling unit or within two hundred fifty feet (250') of the property line of a pre-existing property zoned or used for residential purposes.
      3.   At least seventy five percent (75%) of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the act, and no dispensing organization shall also sell food for consumption on the premises other than as authorized in division D5 below in the same tenant space.
      4.   Facility may not conduct any sales or distribution of cannabis other than as authorized by the act.
      5.   Facility shall not host on-site consumption of cannabis.
      6.   For purposes of determining required parking, the facilities shall be classified as "retail stores and banks" per section 10-10-5 (Schedule Parking Requirements) of this code, provided, however, that the city may require that additional parking be provided as a result of the analysis completed through division B (Special Use Variations) herein.
      7.   Petitioner shall file an affidavit with the city affirming compliance with division D as provided herein and all other requirements of the act.
   E.   Additional Requirements: Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the special use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. The improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the act.
   F.   Medical Cannabis Dispensing Organization: Provided however, that no medical cannabis dispensing organization shall be located, established, maintained, or operated on any lot that has a property line within one thousand feet (1,000') of the property line of any property zoned or used for residential purposes. In addition to any and all requirements of this code, medical cannabis dispensing organizations shall conform to all rules and regulations provided for under the state law, including, but not limited to: not being located within one thousand feet (1,000') of the property line of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, or part day childcare facility; and not being located in a house, apartment, condominium, or an area zoned for residential use. (Ord. 19-34-0, 11-13-2019)

10-2-20: ELECTRIC VEHICLE (EV) CHARGING STATIONS:

Electric vehicle (EV) charging stations are permitted as an accessory use in all zoning districts. (Ord. 25-04-O, 2-26-2025)