Creve Coeur City Zoning Code

Wherever any provisions of this title impose more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this title shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this title, then the provisions of such law or ordinance shall govern. (Ord. 482, 4-7-1982)

No building or structure, or part thereof, shall hereafter be erected, constructed or altered, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this title. (Ord. 482, 4-7-1982)

   (A)   Intent: Within the districts established by this title or amendments that may later be adopted, there exist lots, structures and uses of land and structures which were lawful before this title was passed or amended, but which would be prohibited, regulated or restricted under the terms of this title or future amendment.

It is the intent of this title to permit these nonconformities to continue until they are removed. Such uses are declared by this title to be incompatible with permitted uses in the districts involved. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this title by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

To avoid undue hardships, nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this title and upon which actual building construction has been diligently carried on. "Actual construction" is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to actual construction provided that work shall be diligently carried on until completion of the building involved.

   (B)   Nonconforming Lots: In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this title. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimension and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance to yard requirements shall be obtained through approval of the zoning board.

   (C)   Nonconforming Uses Of Land: Where, at the effective date of adoption or amendment of this title, lawful use of land exists that is made no longer permissible under the terms of this title as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

      1.   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date or amendment of this title.

      2.   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title.

      3.   If such nonconforming use of land ceases for any reason for a period of more than one hundred eighty (180) days, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located.

   (D)   Nonconforming Structures: Where a lawful structure exists at the effective date of adoption or amendment of this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

      1.   No such structure may be enlarged or altered in a way which increases its nonconformity;

      2.   Should such structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this title;

      3.   Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

   (E)   Nonconforming Uses Of Structures And Land: If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this title, that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

      1.   No existing structure devoted to a use not permitted by this title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, or moved, except in changing the use of the structure to a use permitted in the district in which it is located;

      2.   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this title, but no such use shall be extended to occupy any land outside such building;

      3.   If no structural alterations are made, and nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the zoning board, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the zoning board may require appropriate conditions and safeguards in accord with the purpose and intent of this title;

      4.   Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed;

      5.   When a nonconforming use of a structure, or structure and premises in combination, is discontinued or ceases to exist for six (6) consecutive months or for eighteen (18) months during any three (3) year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be excepted from this provision;

      6.   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

   (F)   Repairs And Maintenance: On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding fifty percent (50%) of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this title shall not be increased.

Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

   (G)   Uses Under Exception Provisions Not Nonconforming Uses: Any use for which a general exception or special approval is permitted as provided in this title shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district.

   (H)   Change Of Tenancy Or Ownership: There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and premises provided there is no change in the nature or character of such nonconforming uses except in conformity with the provisions of this title. (Ord. 482, 4-7-1982)

Accessory buildings, except as otherwise permitted in this title shall be subject to the following regulations:

   (A)   Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all yard regulations of this title, applicable to main buildings.

   (B)   Accessory buildings shall not be erected in any required yard, except a rear yard. (Ord. 482, 4-7-1982)

   (C)   An accessory building may not occupy more than twenty five percent (25%) of a required rear yard, plus twenty percent (20%) of any nonrequired rear yard, nor exceed twenty four feet by thirty feet (24' x 30'), whichever is the lesser. An accessory building or garage may be built on a vacant lot that has no dwelling only with the approval of the zoning board, which zoning board shall take into consideration the character of the neighborhood and the impact upon said neighborhood from the proposed accessory building or garage to be erected upon the vacant lot. (Ord. 482D, 1988)

   (D)   No detached accessory building shall be located closer than ten feet (10') to any main building nor shall it be located closer than five feet (5') to any side or rear lot line. In no instance shall an accessory structure be located within a dedicated easement right of way. (Ord. 482-N, 12-13-1995)

   (E)   No detached accessory building in an R-1, R-2, R-3, R-4, R-T, RM-1, RM-2, O-1 or B-1 district shall exceed one story or fifteen feet (15') in height. Accessory buildings in all other districts may be constructed to equal the permitted maximum height of structures in said districts, subject to zoning board review and approval.

   (F)   When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard line required on the lot in rear of such corner lot. When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the side lot line of the lot to its rear, said building shall not project beyond the side yard line of the lot in the rear of such corner lot. (Ord. 482, 4-7-1982)

The off street parking and loading provisions of this section 10-14-5 shall apply as follows:

   (A)   For all buildings and structures erected and all uses of land established after the effective date hereof, accessory parking and loading facilities shall be provided as required in this section 10-14-5.

However, where a building permit has been issued prior to the effective date hereof and provided that construction is begun within six (6) months of the effective date and diligently prosecuted to completion (completion to be accomplished within 18 months of the effective date hereof), parking and loading facilities required for the issuance of the building permit may be provided in lieu of any different amounts required by this section 10-14-5.

   (B)   Except as provided below, when the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity, or other units of measurement specified herein for required parking or loading facilities, additional parking and loading facilities shall be provided for the increase in intensity of use and for any existing deficiency in parking or loading facilities; according to the following schedule:

 

 

The requirements of this subsection may be reduced by the zoning board when they would result in a hardship to the owner of the property if the reduction would not adversely impact the surrounding property. (Ord. 656A, 11-10-2009)

   (A)   General Requirements:

      1.   Location Of Parking Spaces: All parking spaces shall be located on the same zoning lot as the building or use served, except that parking spaces to serve business, commercial, industrial, and office buildings or uses may be located within three hundred feet (300') of the use if the spaces are located in a business, commercial or industrial or office district.

Residential off street parking spaces shall consist of a paved parking strip, driveway, garage or combination thereof and shall be located on the premises they are intended to serve and shall be subject to requirements of section 10-14-4, "Accessory Buildings", of this chapter.

      2.   Control Of Off Street Parking Facilities: In cases where parking facilities are permitted on land other than the zoning lot on which the building or use served is located, the facilities shall be in the same possession as the zoning lot occupied by the building or use to which the parking facilities are accessory.

Private possession may be either by deed or long term lease, the term of the lease to be approved by the zoning board; and the deed or lease shall be filed with the zoning board. The deed or lease shall require the owner to maintain the required number of parking facilities for the duration of the use served or the deed or lease, whichever ends first.

      3.   Handicapped/Accessible Parking: Any required parking area shall provide parking spaces designated and located to adequately accommodate the disabled, and these shall be clearly marked as such. The markings shall include yellow striping on the pavement designated as the accessible parking space and shall provide a clearly posted sign as provided by section 11-301 of the Illinois vehicle code. The sign shall clearly announce the fine for illegal parking in the accessible space. Accessible parking spaces shall be the parking spaces located closest to nearest accessible entryway to the facility. One handicapped/accessible space shall be required for the first twenty five (25) (or less) parking spaces required on a site. When more than twenty five (25) spaces the number of required handicapped/accessible parking spaces shall be provided as indicated in the schedule of handicapped/accessible parking requirements at subsection (C) of this section. The schedule of handicapped/accessible parking spaces applies to all zoning districts.

      4.   Access: All off street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.

      5.   Collective Parking For Separate Uses:

         (a)   Off street parking facilities for separate uses may be provided collectively if the total number of spaces is not less than the sum of the separate requirements of each use and all regulations governing the location of parking spaces in relation to the use served are adhered to. Further, no parking space or portion thereof shall be counted as a required space for more than one use unless authorized by the zoning board.

         (b)   The zoning board may authorize a reduction in the total number of required parking spaces for two (2) or more nonresidential uses jointly providing off street parking when their respective hours of operation do not overlap. (See schedule for shared parking listed in subsection (C) of this section.) The approval of joint use parking shall be subject to the following conditions:

            (1)   Building Or Use: No more than fifty percent (50%) of the parking spaces required for a building or use may be supplied by parking facilities required for any other building or use.

            (2)   Distinguishable Land Uses: The number of shared spaces for two (2) or more distinguishable land uses shall be determined by the following procedure:

   A. Multiply the minimum parking required for each individual use, as set forth in the schedule of required parking, by the appropriate percentage indicated in the shared parking percentages schedule, for each of the six (6) designated time periods.

   B. Add the resulting sums for each of the six (6) columns.

   C. The minimum parking requirement shall be the highest sum among the six (6) columns.

            (3)   Conformance; Conflict: If one, or all of the land uses proposing to make use of joint parking facilities do not conform to one of the general land use classifications in the shared parking percentages schedule as determined by the zoning board, then the petitioner shall submit sufficient data to indicate that there is not substantial conflict in the principal operating hours of the uses.

            (4)   Legal Agreement: The property owners involved in the joint use of off street parking facilities shall submit a legal agreement approved by the village attorney guaranteeing that the parking spaces shall be maintained so long as the use of the property is in existence or unless the required parking is provided elsewhere in accordance with the provisions of this section 10-14-5. The instrument shall be recorded by the property owner with the recorder of deeds, and a copy filed with the zoning board.

            (5)   Fractional Parking Spaces: When the calculation of the number of off street parking spaces results in fractional space, any fraction of less than one-half (1/2) may be disregarded, while a fraction of one-half (1/2) or more, shall be counted as one parking space. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or present on the premises at any one time.

            (6)   Use Of Required Parking Spaces: Except as provided in special use, required parking spaces are solely for the parking of passenger vehicles of patrons, occupants, or employees for the legal use. The storage of merchandise, materials, inoperable motor vehicles, recreational vehicles and boats, motor vehicles for sale, trucks, trailers, or equipment is not permitted.

               A. Obscuring Fences Or Shrubs: Where the parking area is contiguous to a residential district, the line or lines of contiguity of the property shall be provided with a continuous and completed obscuring wood or masonry wall, fence, or shrubbery six feet (6') in height, measured from the surface of the parking area. Each entrance and exit from a parking lot shall be at least twenty feet (20') from any adjacent property located in a residential district.

               B. Landscaping And Screening: Landscaping and screening shall be provided in accordance with the requirements of the zoning code.

               C. Lighting: Any lighting used to illuminate off street parking areas shall be down-lit away from residential properties and public streets in such a way as not to create a nuisance. However, in no case shall the lighting exceed three (3) foot-candles measured at the lot line, nor shall the lighting be installed at a height exceeding twenty feet (20'). Lighting for off street parking shall be arranged to reflect the light away from all adjoining residential buildings, and residential streets and property.

   (B)   Specific Requirements:

      1.   All off street parking shall be calculated using the off street parking schedule listed in subsection (C) of this section.

      2.   In addition to the requirements of the off street parking schedule, nonresidential uses must also provide one space for each vehicle that is parked at the property by the owner.

      3.   Parking spaces for accessory uses not specifically enumerated within a parking class shall be assumed to be included in the principal (permitted or special) use requirement. If, for any reason the classification of any use, for the purpose of determining the amount of off street parking is not readily ascertainable, the parking requirements for the use shall be established by the zoning board. To determine the number of spaces required for a proposed use the zoning board shall consider the number of parking spaces required for the listed use most similar to the proposed use.

      4.   When computing the number of required parking spaces for a zoning lot, the total number of required spaces shall be based upon all of the uses on the zoning lot. Therefore, one principal use may actually contain two (2) or more parking class uses (e.g., retail sales and warehousing, or warehousing and offices).

   (C)   Parking Requirements Tables:

   OFF STREET PARKING SCHEDULE - ALL ZONING DISTRICTS

   HANDICAPPED/ACCESSIBLE PARKING STALL REQUIREMENTS

 

Medical facilities that care for or treat patients with mobility impairments must designate ten percent (10%) of the required parking spaces as handicapped for an outpatient facility or twenty percent (20%) of the required parking spaces for a facility that specializes in treatment or services for persons with mobility issues. Please reference the Illinois accessibility code for more information. Any regulations required by the Illinois accessibility code that are above and beyond the scope of this section 10-14-5 will apply.

   SCHEDULE OF SHARED PARKING CALCULATIONS

How To Use The Schedule Of Shared Parking Calculations: For each applicable general land use category, calculate the number of spaces required for a use if it were freestanding (refer to the regular schedule of parking requirements). Use those figures for each land use to calculate the number of spaces required for each time period for each use (6 time periods per use). For each time period, add the number of spaces required for all applicable land uses to obtain a grand total for each of the six (6) time periods. Select the time period with the highest total parking requirement and use that total as your shared parking requirement.

 

 

(Ord. 656A, 11-10-2009)

Wherever the off street parking requirements in section 10-14-5 of this chapter require the building of an off street parking facility, such off street parking lots shall be laid out, constructed and maintained in accordance with the following standards and regulations:

   (A)   All spaces shall be laid out in the dimension of nine feet by twenty feet (9' x 20'), or one hundred eighty (180) square feet of space (exclusive of subsection (B) of this section).

   (B)   All space shall be provided adequate access of means and maneuvering lanes.

   (C)   Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles.

   (D)   Plans for the layout of the parking lot shall show a total dimension across two (2) tiers of spaces and one aisle (maneuvering lane) of at least the following for the various patterns:

      1.   A 90 Degree Pattern: Sixty feet (60') for two (2) tiers of spaces and one aisle (maneuvering lane), with the minimum aisle being twenty feet (20') in width. This minimum aisle width shall permit two-way traffic movement.

      2.   A 60 Degree Pattern: Fifty nine feet (59') for two (2) tiers of spaces and one aisle (maneuvering lane), with the minimum aisle being fifteen feet (15') in width. This minimum aisle width shall permit one-way traffic movement.

      3.   A 45 Degree Pattern: Fifty three feet (53') for two (2) spaces and one aisle (maneuvering lane), with the minimum aisle being twelve feet (12') in width. This minimum aisle width shall permit one-way traffic movement.

      4.   A 45 Degree Herringbone Pattern: Forty seven feet (47') for two (2) tiers of spaces and one aisle (maneuvering lane), with the minimum aisle being twelve feet (12') in width. This minimum aisle width shall permit one-way traffic movement.

   (E)   The entire parking area, including parking spaces and maneuvering lanes, required under this chapter, shall have asphaltic or concrete surfacing, or some other acceptable surface, in accordance with specifications approved by the village engineer. Such facilities shall be so drained so as to dispose of all surface water accumulated in the parking area. Variances from these requirements may be granted for special circumstances, including, without limitation for parking areas not visible from the street where there will be little or no impact on neighboring properties.

   (F)   The parking area shall be provided with a continuous and completely obscuring wood or masonry wall or fence four feet six inches (4'6") in height measured from the surface of the parking area. This wall or fence shall be provided on all sides where the next zoning district is designated as a residential district.

   (G)   All lighting used to illuminate any off street parking area shall not exceed twenty feet (20') in overall height above ground level and shall be so installed as to be confined within and directed on the parking area, and shall be directed away from abutting streets.

On the same premises with every building, structure or part thereof, involving the receipt of distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot, adequate space for standing, loading and unloading. Such space shall be provided as follows:

   (A)   All spaces in B-1 and B-2 Districts may be provided as rear yard as required in Chapter 12 of this Title.

   (B)   All spaces in I-1 and I-2 Districts shall be laid out in the dimension of at least ten feet by forty feet (10' x 40'), or four hundred (400) square feet in area. Loading dock approaches shall be provided with a permanent, durable and dustless surface. All spaces shall be provided in the following ratio of space to useable floor area:

 

 

   (A)   Definitions: As used in this Section, unless the content otherwise clearly indicates:

 

   (B)   Signs Permitted in the Several Zoning Districts:

      1.   In addition to the signs permitted by subsection (D) (Exemptions) only the following signs may be erected in the zoning districts hereinafter named:

         (a)   The following signs are allowed in all districts:

            (1)   Temporary signs not exceeding twelve (12) square feet in area advertising the sale or lease of real estate when located upon property to which the sign refers and when not located closer than ten feet (10') to a lot line, which said sign shall be removed upon sale of the property.

            (2)   Temporary ground signs advertising future use or development or property on which such signs are located may be maintained subject to the provisions of this Section, provided such signs do not exceed one hundred (100) square feet in area or remain longer than eighteen (18) months. “For Rent” or “For Sale” signs in office, business and industrial districts for new buildings shall not exceed forty eight (48) square feet. All signs advertising sales, including “For Sale” and “For Rent” signs, shall be removed within twenty-four (24) hours following completion of the sale or other transaction being advertised.

            (3)   Church or public building bulletin boards not exceeding twenty (20) square feet.

            (4)   Traffic and official signs. (Ord. 482, 4-7-82)

         (b)   In B-1 Business Districts there may be roof signs, wall signs, projecting signs, post signs, marquee signs, awning signs, and portable signs when displaying no advertising matter except pertaining to the business conducted in the building or on the premises on which such sign is placed. The total square foot area of roof signs, wall signs, projecting signs, marquee signs and awning signs shall not exceed one-fifth (1/5) of the total square foot area of the face of the building on which they are placed. There shall not be more than one post sign for each one hundred feet (100') of street frontage, and shall not exceed thirty two (32) square feet in area. No post sign shall extend closer than the lot line. All portions of post signs shall be erected and maintained behind the building line.

         (c)   In B-2 Business and Industrial Districts, there may be any sign allowed in subsection (B)1(b), and ground signs provided that no ground sign shall exceed five hundred (500) square feet in area; not more than one ground sign shall be erected on any one lot or tract of land, or one sign for each three hundred feet (300') of street frontage when located at least three hundred feet (300') apart on such lot or tract of land; and no ground sign when erected on a lot fronting on intersecting streets shall be erected within fifty feet (50') of the intersection of the streets.

      2.   The following additional sign regulations shall be observed:

         (a)   Ground Signs: No ground sign shall be at any point over fifty feet (50') above the ground level. The end of such signs shall be at least six feet (6') from any wall or fence or any obstruction that would prevent a clear passage around the ends and shall not block or obstruct the view of traffic in any direction.

         (b)   Wall Signs: No wall sign shall extend beyond the building.

         (c)   Projecting Signs: Projecting signs may extend not more than four feet six inches (4'6") from the building into the front yard, or project into street pavement right of way. No such sign or part thereof shall extend nearer the curb line than two feet (2'), under any circumstances.

         (d)   Post Signs: No post sign shall extend downward nearer than ten feet (10') to the ground or pavement. The maximum square foot area for each face of a post sign shall not exceed a total area of thirty two (32) square feet per face or a total of one hundred (100) square feet for all faces.

         (e)   Marquee Signs:

            (1)   Marquees projecting beyond the property line shall be erected with a clearance of not less than ten feet (10') above the adjacent sidewalk level, shall not exceed three feet (3') in the vertical plane two feet (2') inside the curb line.

            (2)   Signs on a marquee shall not exceed twenty feet (20') square on any side or front section of the marquee. Such signs may extend above the top of the marquee, providing the vertical dimension of the structure including both marquee and sign shall not exceed three feet (3'). If such signs are to be illuminated, indirect type lighting must be used.

         (f)   Portable Signs: Portable signs shall not exceed twenty (20) square feet per face and shall not exceed a total of forty (40) square feet for all faces total. Portable signs shall not obstruct the view of traffic in any direction.

         (g)   Roof Signs: No part of a roof sign shall be higher than fifteen feet (15') from roof level.

   (C)   Prohibited Signs: The following signs are prohibited within the Village.

      1.   Except as otherwise permitted hereunder, any sign affixed to, hung or placed or painted on any fence, tree, public utility pole, radio, television or similar tower, except call letters or decorative emblems on commercial radio or television towers.

      2.   Any sign across a public right of way, other than official highway signs.

      3.   Any sign where by reason of its position, wording, flashing nature, illumination, size, shape, color or condition, may obstruct, impair, obscure, interfere with the view of, or be confused with any authorized traffic control sign, signal or device.

      4.   No sign or any illumination, lamp or bulb shall be permitted that could in any way tend to blind, reflect a light that might interfere with vision.

      5.   No sign shall make use of the words “Stop”, “Look”, “Danger” or any other word, phrase, symbol or character that may interfere with, mislead, or confuse traffic; provided that safety signs with words like “Caution” or “Children at Play” shall be allowed.

      6.   Any paper posters applied directly to the wall or building or pole or other support and letters or pictures in the form of advertising, printed or applied directly on the wall of a building. Temporary signs may be displayed in or attached to the inside of show or display windows provided the total sign area does not exceed twenty percent (20%) of the show or display window area.

      7.   Except for traffic and municipal signs, any sign erected within six (6) feet of a roadway, or erected in such a manner as to obstruct the line of sight of traffic in any direction.

   (D)   Exemptions: No permit shall be required for the following signs, provided they are installed in compliance with the provisions of this Section and all other applicable Village code provisions.

      1.   Real estate signs not exceeding six (6) square feet in area which advertise for sale or rental the land and/or building upon which such signs are located. Such signs shall not be illuminated and shall not be more than four feet (4') in height.

      2.   Real estate “open house” signs not exceeding six (6) square feet in area which are removed immediately after said “open house”. Such signs shall not be illuminated.

      3.   Professional name plates not exceeding one square foot in area when placed flat against the wall of the building and not more than ten feet (10') in height.

      4.   Bulletin boards not over twenty (20) square feet in area for municipal and governmental buildings or for buildings used for religious purposes when erected upon the building or land upon which such building is located.

      5.   Monumental inscriptions, memorial signs or tablets containing names of buildings and/or dates of erection, etc., when cut into masonry or when constructed of bronze or other incombustible materials.

      6.   Signs denoting the architect, engineer, roofer, landscaper, and/or contractor when placed upon work under construction. In the Business and Industrial Districts, such signs shall not exceed thirty-two (32) square feet in area per project. In Residential Districts, such signs shall not exceed four (4) square feet in area per project and shall not remain standing after a period of thirty (30) days. Such signs shall not be illuminated.

      7.   Traffic or Municipal signs, railroad crossing signs, danger, safety, temporary, emergency, nonadvertising or decorative signs as may be authorized by the President.

      8.   Signs painted on the exterior of the building but only in business and industrial zoning districts and then only when they comply as to size and type with the provisions of this Section, relating to such zoning districts.

      9.   (a)   A temporary, non-illuminated sign not exceeding thirty two (32) square feet on each surface for special events such as community affairs, grand openings, church-sponsored events and election installed in compliance with the provisions of this Section. No such sign shall remain standing after a period of ten (10) days, excepting election signs being allowed for thirty (30) days and shall not occur with respect to the same business or organization more frequently than once every six (6) months.

         (b)   Garage sale signs which are otherwise in compliance with Section 3-5-20 of this Code.

         (c)   Political candidate signs not to exceed six (6) square feet in area. Said signs to be removed within three (3) days after an election.

         (d)   Any temporary sign pertaining to special events not covered in this Section not exceeding thirty two (32) square feet on each surface may be erected with approval of the Mayor. Such sign shall remain standing no longer than ten (10) days.

      10.   Informational signs located on a building or fence related to the health and safety of guests or visitors to the premises, including, but not limited to, “Beware of Dog” or “No Smoking Oxygen In Use” signs, which do not exceed a size of four (4) square feet with a height of no more than two (2) feet, provided there is no more than one (1) such sign in any twelve (12) foot area.

      11.   Signs advertising home occupations provided such signs are in compliance with Section 10-4-3(E).

   (E)   Maintenance: The owner of any sign shall be required to maintain such sign, including any illumination sources, in compliance with all applicable laws and Village ordinances and in a neat and orderly condition and good working order at all times. Every sign, including all supports for such sign, shall be maintained so as to prevent the development of any rust, corrosion, rotting or other deterioration such as faded, peeling, and broken lettering, chips and dents or discoloration on a painted surface, or tattered or torn material. Every sign shall be maintained in a safe and secure condition so as to prevent danger to the public. The premises around ground signs and post signs shall be kept clean and free of all rubbish and weeds.

   (F)   Removal of Signs: Any sign which is hereafter unlawfully installed or maintained, or which ceases to be used for a period of sixty (60) days, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure, or land upon which such sign may be found, within ten (10) days after written notification from the Building Inspector. Upon failure to comply with such notice within the time specified therein, the Building Inspector may cause the removal of such sign. Any expense incident thereto shall be paid for by the owner of the building or structure or of the land upon which such sign is erected. Nothing herein shall prevent the prosecution of any owner, agent or person having beneficial use of the premises, from being prosecuted against by fine, or both.

   (G)   Obstruction to Doors, Windows or Fire Escapes: No sign shall be erected, replaced, relocated or permitted to exist so as to prevent free ingress or egress from any door, window or fire escape, nor shall it obstruct from any window the light and ventilation required by other ordinances of this Village. No sign of any kind shall be attached to any standpipe or fire escape, other than necessary identifying signs approved by the Fire Chief. (Ord. 482, 4-7-82)

   (H)   Illumination: When exposed incandescent lamps are used for ground signs, marquees, roof signs, or wall signs, they shall be equipped with gooseneck reflectors or other devices arranged so as to concentrate the illumination upon the area of the sign and prevent glare. No flashing sign or sign which changes color may be hereafter erected, other than time or weather. Each outline lighting installation and each illuminated sign shall be controlled by a time switch or externally operated switch which will open all underground conductors and shall be suitable for conditions of installation, such as exposure to weather. No flashing sign may be closer than ten feet (10') to the ground level. (Ord. 482-A, 8-22-1985)

   (I)   Loads And Allowable Stresses: All signs shall be designed and constructed to withstand wind pressures applied to the projected exposed area, allowing for wind in any direction, in accordance with the following table:

 

 

For ground signs thirty feet (30') to forty feet (40') in height the tabular values for heights of less than thirty feet (30') may be used.

   (J)   Permits Required: After the effective date of this section, it shall be unlawful for any person to erect, structurally alter, rehang or replace any sign or outdoor display structure within this village without first submitting applications for erection permits to the building inspector and, when applicable, to the electrical inspector. Such applications shall be accompanied with plans and specifications showing the dimensions, materials, location and all details of construction. The applications shall contain the written consent of the owner or lessee of the land and/or building upon which the sign is to be erected.

A fee of fifteen dollars ($15.00) shall accompany each application, with an additional fifteen dollars ($15.00) if electrical permit is needed. A permit shall not be required, for mere changing of painting, or reposting of advertising copy or display matter on signs or theater marquees designed for use of replaceable copy, provided such change does not violate the provisions of this section.

   (K)   Nonconforming Signs: Signs which are nonconforming based upon the above provisions, shall be eliminated not later than October 31, 2023. No nonconforming sign shall be rebuilt, altered, moved or rehung without being brought into strict compliance with the requirements of this section. Prohibited signs, as defined in subsection (C) of this section, shall not be determined “nonconforming” but shall be considered in violation immediately upon the effective date of this section.

   (L)   Bonds And Liability Insurance: No person shall erect, structurally alter, rehang, maintain or replace any sign which projects over the street line unless he has filed with the building inspector a bond of at least one hundred thousand dollars ($100,000.00) to three hundred thousand dollars ($300,000.00) for approved public liability issued by an approved insurance company for said amount and naming the village as an insured party, agreeing to indemnify and hold harmless the village from loss sustained as the result of said sign. Such bond shall be conditioned upon the construction, erection and maintenance of such sign in accordance with the provisions of this section, and shall save harmless the village, its agents and officials, from any and all claims or damages by reason of such sign or any part thereof, and such policy shall be kept in full force, with proof of insurance furnished the village clerk, so long as such sign shall remain.

   (M)   Modification Of Requirements: Whenever any sign to be erected or structurally altered is surrounded by such development or unusual condition as to make strict compliance difficult, or work a material hardship and an injustice, the building inspector on request of the applicant, shall forward the application, together with his recommendations to the village board. Thereupon the village board shall refer the application to the village zoning board of appeals for report and recommendations, which the board may, after report received, vary or modify the requirements so that the applicant may erect or structurally alter such sign in a reasonable manner, but at the same time, that the public welfare and interests of the village are protected and the general purpose and intent of this section are preserved.

   (N)   Penalties: Any person, firm or corporation violating any of the provisions of this section, shall upon conviction, be fined not less than twenty five dollars ($25.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day that a violation occurs shall be deemed a separate offense and shall be punished accordingly.

   (O)   Conflicting Ordinances And Regulations: Wherever there is a difference with the provisions of this section with any other ordinance of this village, the ordinance, code or regulation imposing the greater restriction, excepting as herein altered, and as so changed, then this section shall govern. (Ord. 482, 4-7-1982; amd. Ord. 482-A, 8-22-85; Ord. 575-A, 1-23-2002; Ord. 964, 11-9-2022)

Wherever in this title a greenbelt or planting is required, it shall be planted within six (6) months from the date of insurance of a certificate of occupancy and shall thereafter be reasonably maintained with permanent plant materials to provide a screen to abutting properties. Suitable materials equal in characteristics to the plant materials listed with the spacing as required shall be provided.

   (A)   Plant Material Spacing:

      1.   Plant material shall not be closer than four feet (4') from the fence line or property line.

      2.   Where plant materials are planted in two (2) or more rows, plantings shall be staggered in rows.

      3.   Evergreen trees shall be planted not more than thirty feet (30') on centers.

      4.   Narrow evergreens shall be planted not more than three feet (3') on centers.

      5.   Deciduous trees shall be planted not more than thirty feet (30') on centers.

      6.   Tree like shrubs shall be planted not more than ten feet (10') on centers.

      7.   Large deciduous shrubs shall be planted not more than four feet (4') on centers.

   (B)   Suggested Plant Materials:

 

   (C)   Trees not permitted.

   Box Elder

   Soft Maples

   Elms

   Poplars

   Ailanthus (tree of heaven)

   Willows

Because the uses hereinafter referred to possess unique characteristics making it impractical to include them in a specific use district classification, they shall be permitted by the Zoning Board of Appeals under the conditions specified, and after public hearing.

These uses require special consideration since they service an area larger than the Village and require sizable land areas, creating problems of control with reference to abutting use districts. Reference to those uses falling specifically within the intent of this Section is as follows:

   (A)   Outdoor Theaters: Because outdoor theaters possess the unique characteristic of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall be permitted in I-1 District only. Outdoor theaters shall further be subject to the following conditions:

      1.   The proposed internal design shall receive approval from the Building Inspector and Village Engineer as to adequacy of drainage, lighting and other technical aspects.

      2.   Points of ingress and egress shall be available to the outdoor theater from abutting major thoroughfares and shall not be available from any residential street.

      3.   All vehicles, waiting or standing to enter the facility, shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right of way.

      4.   The area shall be so laid out as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within and directed to the premises of the outdoor theater site.

   (B)   Commercial Television and Radio Towers and Public Utility Microwaves, and Public Utility T.V. Transmitting Towers: Radio and television towers, public utility microwaves and public utility T.V. transmitting towers, and their attendant facilities shall be permitted in I-1 and I-2 Districts provided said use shall be located centrally on a continuous parcel of not less than one times the height of the tower measured from the base of said tower to all points on each property line.

   (C)   Benching and Terracing:

      1.   Permit Required: No person shall strip, excavate, grade or otherwise remove top or underearth (hereinafter called land removal) except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, except after securing a permit from the Building Inspector of the Village.

      2.   Plans and Specifications: All plans and specifications for land removal shall be submitted with applications for a permit to conduct said land removal. At the discretion of the Building Inspector, or upon request by the Village Board, the applicant may be required to furnish a topographic map showing the original and the proposed final contours of the final site. The topographic map shall be drawn to a minimum horizontal scale of one inch equals fifty feet (1" = 50') and two foot (2') contour intervals shall be indicated. After the excavation is completed, the site shall be graded to conform to the approved topographic map. The applicant has the right to appeal to the Village Board if in disagreement with the Building Inspector.

The application shall be accompanied by the applicant's proposed methods for the prevention of erosion. Such work may involve the construction of berms, dams, sediment basins, slope drains, seeding and mulching or other methods to prevent erosion. This erosion prevention schedule must be approved by the Building Inspector prior to the start of work.

The Village Engineer shall review the site plan prior to approval and make recommendations to the Building Inspector.

      3.   Prevention of Public Nuisances: During the period of land removal authorized under paragraph 2 above, the permit holder shall erect such temporary and permanent fences and take other measures as may be necessary to keep said land removal area from becoming a public nuisance, including but not limited to a control of blowing soil particles and the inundation of lower lands because of the loss of vegetation in the land area. The Building Inspector shall have the right to inspect the work at any time. When in the opinion of the Building Inspector the land has a high potential for erosion, the areas that can be exposed by land removal operations at any one time shall be subject to approval by the Inspector and the duration of the exposure of the uncompleted operation shall be as short as practicable.

      4.   Protection Of Yard Areas: At all times during land removal authorized under subsection (C)2 of this Section, no part of said land removal area can extend into what is defined as a yard area for use classification of the land in question as described in Section 10-12-3 of this Title.

      5.   Specifications For Slopes, Benches And Vegetation: Benching and terracing shall conform to the following:

         (a)   Slopes created by land removal shall not exceed a vertical rise of one foot per horizontal two feet (1':2'); for each twenty five feet (25') of elevation, a minimum twelve foot (12') berm or bench must be incorporated in any terrace created or altered through land removal. If in the opinion of the Village Engineer, the soil conditions do not allow these slopes, they may be changed as directed. These changes may be required at any time it is deemed necessary.

         (b)   Upon completion of land removal, the site shall be planted by seeding or plugging with crown vetch or vegetation with equal qualities as approved by the Building Inspector. The area shall be prepared to accept seed or planting, fertilizer applied, and enough seed or plugs applied to satisfactorily produce a suitable cover.

         (c)   The permit holder will be required to incorporate all permanent erosion control features at the earliest practicable time as outlined in his approved schedule.

      6.   Prevention Of Erosion: The Building Inspector has the authority to limit the surface area of erodible material exposed by excavation and to direct the permit holder to provide immediate permanent or temporary control measures as necessary to prevent erosion. After completion of authorized land removal under subsection (C)2 of this Section, the permit holder must, to the satisfaction of the Building Inspector, cover all exposed earth with vegetation leaving said land as near as possible to its former state but with vegetation at least sufficient to prevent erosion of the land and to prevent the land from being detrimental to or endangering public health, safety, comfort or general welfare, considering the zoning use authorized for surrounding land. (The standard used in considering what is detrimental or a danger to the public after the land removal operation is completed is increased in severity over the standard used in subsection (C)2 of this Section due to performance of the condition.)

      7.   Bond Required: No permit to move over one thousand (1,000) cubic yards shall be effective unless there is on file with the Village a cash bond with a corporate surety in the penal sum equal to ten dollars ($10.00) per one hundred (100) cubic yards of earth to be moved or portion thereof, but not less than five thousand dollars ($5,000.00) to assure that:

         (a)   The permit holder, its agents and servants, will comply with all the terms, conditions, provisions, requirements and specifications contained in this subsection (C).

         (b)   The permit holder, his agents and servants, will save harmless the Village from any expense incurred through the failure of the permittee, his agents and servants to operate and maintain land removal operations as required by this subsection (C), including any expense the Village may be put to for correcting any condition or violation of this subsection (C) by the Village's own labor and equipment, whenever the Village Board of Trustees determines it is necessary for the Village to correct any condition in violation of this subsection (C) or from any damages growing out of the negligence of the permittee or his agents or servants; and

         (c)   Before acceptance, all bonds must be approved by the Village Board of Trustees. If a corporate bond is offered, it is to be executed by a company authorized to transact business in this State as a surety. If a cash bond is offered, it shall be deposited with the Treasurer of the Village who shall give his official receipt therefor, reciting that said cash has been deposited in compliance with and subject to the provisions of this subsection (C)7. No bond or surety shall be released until the requirements of these regulations have been complied with. The permit holder will pay all costs for engineering and inspection as approved by the Village. (Ord. 482, 4-7-1982)

      8.   Filing Fee: A filing fee of two hundred fifty dollars ($250.00) for each permit required to be secured from the Building Inspector of the Village in accordance with the Benching and Terracing Act shall be paid to the Village at the time of application for the permit. (Ord. 482Z, 8-13-1997)

No use otherwise allowed shall be permitted within any use district which does not conform to the following standards of use, occupancy and operation, which standards are hereby established as the minimum requirements to be maintained within said area:

   (A)   Open Storage: The open storage of any equipment, and all materials including wastes, shall be screened from abutting residential property by an enclosure consisting of an obscuring wall or fence not less than six feet (6') high or by a ten foot (10') wide greenbelt planting not less than six feet (6') high. The obscuring fence may be eliminated where such fence will interfere with traffic movement on public streets or thoroughfares.

   (B)   Glare: Glare from any process (such as or similar to arc welding or acetylene torch cutting) which emits harmful rays shall be performed in such a manner as not to extend beyond the property line, and as not to create a public nuisance or hazard along lot lines.

   (C)   Grading: Grading, as it relates to residential structures, shall be so developed as to drain surface water away from residential dwellings. A minimum slope of one-fourth inch in one foot (1/4":1') shall be provided. (Ord. 482, 4-7-1982)

   (A)   Definition: For the purposes of this Section, a satellite dish subject to regulation is defined as an "outdoor dish antenna" in excess of two feet (2') in diameter, more than twelve feet (12') in height, if not attached to a structure, or more than four feet (4') above the roof of any structure, used for the purpose of receiving television and/or other signals from orbiting satellites or other sources. Outdoor dish antennas that do not exceed the limitations stated in the preceding sentence are not subject to regulations set forth in subsection B of this Section. (Ord. 564, 1-28-1998)

   (B)   Regulations: "Outdoor dish antennas" as herein defined shall not be installed within the corporate limits of the Village, except in accordance with the provisions of this Section:

      1.   An outdoor dish antenna shall not be greater than five meters (5 m) (16 feet, 4.8 inches) in diameter.

      2.   No outdoor dish antenna shall have a height greater than the height of the main building on the zoning lot on which it is located. The height of an outdoor dish antenna shall be measured from the highest point of the dish when positioned for operation to the average finished grade of the property on which the antenna is located.

      3.   All cables leading to or from an outdoor dish antenna which run between any structure and the antenna shall be buried. All cables to or from any outdoor dish antenna which carry electricity shall be equipped with a ground fault circuit interrupter.

      4.   No more than one outdoor dish antenna shall be located on any one zoning lot.

      5.   No ground dish antenna shall be located within the front yard or side yard of the zoning lot on which it is located.

If located in the rear yard, it shall not be located within five feet (5') to the rear lot line or within three feet (3') of any side lot line. Any ground dish antenna located on a reverse corner lot shall not be located beyond the front yard required on the adjacent lot to the rear nor nearer than five feet (5') to the side lot line of said adjacent lot.

      6.   No outdoor dish antenna shall be installed within the corporate limits of the Village unless a permit therefore has been obtained from the Building Inspector. Application for such a permit shall be made by submitting to the Building Inspector a site plan showing the location of the proposed outdoor dish antenna and the specifications for that antenna. If the Building Inspector is satisfied that the proposed outdoor dish antenna will comply with the provisions of this Section, he shall forthwith issue the permit. (Ord. 482C, 2-13-1986)

Transmitting facilities and/or studios for commercial and noncommercial radio stations, television stations or other transmitting entities including necessary appurtenances such as a tower or towers may be erected above the maximum height otherwise applicable to the location in question, upon approval of an application for a special use for the transmitting tower or pole. Provided, however, that no such special use may be authorized or continued after authorization unless subsections (A) and (B) of this Section, are met by all towers except self-supporting or monopole towers which are subject to subsection (C) of this Section.

   (A)   Restrictions: No building other than nonhabitable accessory buildings and structures and no public roadways shall be allowed within the zoned lot or within the fall zone of the tower.

   (B)   No Buildings On Zoning Lot: The distance between the base of any transmitting or other tower and the nearest property line of the zoning lot on which the tower is located shall not be less than the height of the tower. The owner or owners of record of the zoning lot on which the tower is located shall prepare and execute in recordable form, a fall zone easement agreement indicating that the property owners shall not construct a dwelling or habitable structure on any portion of the easement so long as the tower remains in place on the zoning lot. The intent of this provision is to ensure that for so long as a tower remains in place, no dwelling or habitable structure shall be placed on the zoning lot within the fall zone. The aforesaid easement agreement shall be recorded against the property where the tower is located in the office of the Tazewell County recorder of deeds prior to the actual erection of the tower.

   (C)   No Roadways Within Fall Zone: The distance between the base of any self-supporting or monopole tower shall be no less than the total height of the structure from any public roadway. The lot upon which the tower is erected may be smaller than the height of the tower as long as the owners of record surrounding the zoning lot in which the monopole or self-supporting tower is located shall execute a fall zone easement agreement covering the entire fall zone prohibiting the construction of any habitable structure or dwelling within the fall zone. The fall zone established by the easement agreement shall be not less than one hundred percent (100%) of the height of the monopole or self-supporting tower. The fall zone easement agreement shall be prepared and executed by the owner or owners of record of the lot and all properties affected by the fall zone easement agreement and the agreement shall be recorded against the properties in the office of the Tazewell County recorder of deeds prior to the actual erection of the tower. The fall zone easement agreement will remain effective so long as the monopole or self-supporting tower remains in place on the lot. The intent of this provision is to ensure that for so long as a monopole or self-supporting tower remains in place then no buildings or habitable structures or public roadways will be located within the fall zone.

   (D)   Additional Requirement: Any applicant for a special use pursuant to this section must submit a site plan indicating the tower building and fencing and any and all improvements existing or to be included within the site and within the required fall zone. In addition the proposed fall zone easement agreement shall also be submitted with the special use application. (Ord. 549, 4-12-1995)

   (A)   Definition: For the purposes of this section, a "portable storage container" is a nonself-propelled fully enclosed trailer unit designed or used to store goods, materials and equipment and is placed on property zoned or used for residential purposes. (Ord. 482-AE, 9-14-2005)

   (B)   Requirements:

      1.   A permit must be acquired from the village clerk for a fee, the amount of which is established by the village board annually and is published at the office of the village clerk, at least twenty four (24) hours prior to the time the portable storage container is placed on the property.

      2.   The application must provide:

         (a)   The applicant's name.

         (b)   The address of the property to which the portable storage container will be placed.

         (c)   Date the portable storage container is to be placed on the property.

         (d)   A description of the intended use of the portable storage container.

      3.   The permit will allow the owner to have the portable storage container on the property for duration of no longer than sixty (60) days after it has been initially placed on the property.

      4.   The village clerk may approve an extension by permit up to thirty (30) days beyond the initial permit deadline for reasons such as, but not limited to:

         (a)   The principal residential structure is damaged or dilapidated.

         (b)   The principal residential structure will undergo renovation, repair or reconstruction.

      5.   Failure to obtain a valid permit or failure to remove the storage unit after the permit expires will result in a fine not less than fifty dollars ($50.00) but not greater than five hundred dollars ($500.00) per day the storage unit remains on the property. (Ord. 806, 3-9-2016)

   (C)   Restrictions:

      1.   No more than two (2) portable storage containers shall be located on a single lot or parcel of land without the express authorization of the village building inspector.

      2.   Portable storage containers as defined in this section may not be used to store or transport solid waste, hazardous materials, explosives, unlawful substances or other such material defined as "garbage" in section 7-2-1-1 of this code. (Ord. 482-AE, 9-14-2005)

   (A)   Definitions:

   ADJACENT LANDS: Land surrounding a site that may either substantially impact that site, or be substantially impacted by potential soil erosion, sediment and/or stormwater runoff as a result of land disturbing activities conducted on that site.

   APPEALS BOARD: The zoning board.

   AREAS OF CONCENTRATED FLOW OR BODIES OF WATER: Any area where water may accumulate or flow, whether continual or as the result of a storm event, including, but not limited to, lakes, rivers, streams, creeks, ponds, ditches, swales, gullies, ravines, street gutters and other similar features.

   CONTROL MEASURE: Any proposed temporary or permanent measures to be installed to control erosion, sediment and stormwater runoff from a project area.

   DEPARTMENT: The department of planning and zoning of the village.

   DEVELOPMENT: The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, land fill, or land disturbing activity; and any use or extension of the use of land.

   DISTURBED AREA: Any area of land on which the predevelopment ground surface will be affected or altered by development. This includes, but is not limited to, grading, clearing, stockpiling, tracking and other similar activities.

   EROSION CONTROL ADMINISTRATOR: The village building inspector or the person or persons appointed by the mayor and approved by the village board to administer this section.

   5-YEAR FREQUENCY STORM EVENT: The storm event rainfall depth during a twenty four (24) hour period which is exceeded, on the average, once every five (5) years.

   FLOOD INSURANCE RATE MAPS (FIRM): Maps prepared by the federal emergency management agency (FEMA) that depict the special flood hazard areas (SFHA) within a community. These maps include insurance rate zones and floodplains and may or may not depict floodways.

   INSTITUTIONAL USE: A religious, or public use, such as a church, library, public or private school, hospital, or government owned or operated building, structure or land use for public purpose.

   LAND DISTURBING ACTIVITY: Any change in land within the village, which may result in soil erosion from water or wind and the movement of sediments into waters of the state or onto lands in the village, or a change in the amount and/or intensity of stormwater runoff, including, but not limited to, the covering with an impervious surface, stockpiling, clearing, grading, excavating, rehabilitating, transporting, depositing or filling of land.

   NORMAL AGRICULTURAL PRACTICES: Activities associated with the preparation and tilling of land for the purposes of growing crops, or raising livestock, which may include, but are not limited to, the construction of conservation measures, plowing, disking and cultivating.

   PERIMETER CONTROL: Any control measure installed between the downslope side of the disturbed area and the property line and/or between the downslope side of the disturbed area and any area of concentrated flow.

   PREPROJECT CONDITION: The characteristics of a site prior to the initiation of any land disturbing activity. The preproject condition shall be based on the predominant land use for the past five (5) years. For example, if a site has been cropland for four (4) of the past five (5) years, and in grass just prior to development, the land use would be cropland for the preproject condition.

   PROJECT: Any development involving modification to land which involves a land disturbing activity.

   REGIONAL STORMWATER MANAGEMENT SYSTEM: A system which is designed, constructed, and maintained to provide stormwater control for multiple landowners.

   ROAD: Any right of way that has been improved for the purposes of providing a surface for vehicular traffic, including any federal, state, county, township, and municipal controlled facilities.

   SINGLE-FAMILY DWELLING: A building designed for residential occupancy by one family.

   SITE: The lot or parcel on which the project is to be developed.

   STANDARDS: The Illinois environmental protection agency's "Illinois Urban Manual", a technical manual designed by Urban Ecosystem Protection and Enhancement published in 1995, and "Illinois Procedures And Standards For Urban Soil Erosion And Sedimentation Control", published in 1988 by the urban committee of the Association of Illinois Soil and Water Conservation District now in effect or as hereafter amended, which is incorporated by reference herein, and the village standards for stormwater design analysis, found in appendix A attached to the ordinance codified herein, and the erosion and sediment control criteria and specifications found in appendix B attached to the ordinance codified herein.

   SUBSTANTIAL COMPLETION: The point at which all exterior work is completed and the site can be used for the use intended.

   25-YEAR FREQUENCY STORM EVENT: The storm event rainfall depth during a twenty four (24) hour period which is exceeded, on the average, once every twenty five (25) years.

   TWO-FAMILY DWELLING: A building designed for residential occupancy by two (2) families.

   2-YEAR FREQUENCY STORM EVENT: The storm event rainfall depth during a twenty four (24) hour period which is exceeded, on the average, once every two (2) years.

   UTILITY SERVICE LINE: By which utility service is provided to service users, such as electric, telephone and television cable, or gas, water and sewer pipes.

   VILLAGE: The village of Creve Coeur, Tazewell County, Illinois.

   WORKING DAY: Shall not include Saturday, Sunday or any holiday when village offices are closed.

   (B)   Applicability Of Section: This section shall apply to:

      1.   All projects within the boundaries or jurisdiction of the village. No project shall be initiated within the boundaries or jurisdiction of the village unless an erosion and sediment control permit, or an erosion sediment and stormwater control permit, has first been issued for that project, except as follows:

         (a)   Land disturbing activities for which the disturbed area is less than five thousand (5,000) square feet;

         (b)   Normal agricultural practices;

         (c)   Projects undertaken by the village's department of public works;

         (d)   Routine maintenance of roads and utility service lines; or

         (e)   Any land within the boundaries or jurisdiction of the village on which there is located a permanent stormwater control measure which was installed pursuant to this section.

      2.   The erosion control administrator reserves the right to require any land disturbing activity, regardless of disturbed area or type of activity, to comply with this section if it is determined to be the cause of, or a contributor to, substantial existing or potential erosion, sediment, or stormwater impact.

   (C)   Permanent Soil Erosion, Sediment And Stormwater Control Measures:

      1.   Erosion And Sediment Control Measures: All control measures required under this section shall conform to the design criteria, standards, and specifications provided in the applicable standards, referenced in appendix B attached to the ordinance codified herein, now in effect or as hereafter amended. All control measures installed shall be sufficient to prevent observable sediment from leaving the site during a 5-year frequency storm event. All sediment that moves off site due to construction activity will be cleaned up before the end of the same workday. All sediment that moves off site due to storm events will be cleaned up before the end of the next workday. For example, installing a rock construction drive or cleaning tires could be used to minimize tracking of sediment onto public roads.

      2.   Permanent Stormwater Control Measures: Stormwater detention facilities shall be designed for a minimum 25-year rainfall event and ten (10) minute duration. Each stormwater detention area shall be provided with a method of emergency overflow in the event that a rainfall event in excess of a 25-year rainfall event occurs. This emergency overflow facility shall be designed to function without attention or maintenance. Detention facilities shall be designed to have a dry bottom except when inundated immediately following a storm event. The stormwater runoff rate from the site shall not exceed the 2- year predevelopment stormwater runoff rate from the site. Evaluation of submitted plans shall be based on the stormwater design analysis and example in appendix A attached to the ordinance codified herein.

      3.   Regional Stormwater Control Systems: To allow for the beneficial development and maintenance of regional stormwater management systems, where they are available and they are appropriate, an applicant may submit a design dependent on such a system. The applicant may submit documentation of the approval for the use of the regional stormwater management facility from the governmental agency having jurisdiction over it. The applicant shall submit evidence showing that there will be no adverse flooding impact to any receiving stream between the point of discharge and the regional stormwater facility. If the erosion control administrator approves the use of a regional stormwater management system, the applicant shall be exempt from the requirements in this section for permanent on site stormwater controls. Such exemption shall not apply to any temporary stormwater control measures required by this section.

   (D)   Temporary Soil Erosion, Sediment And Stormwater Control Measures:

      1.   Temporary Control Measures Required: On site sediment control measures shall be constructed and functional prior to initiating land disturbing activities on the site. Fully functioning temporary sediment control measures (including, but not limited to, perimeter sediment controls) shall remain in place until the ground is stabilized with permanent ground cover. In cases where it is not practical to leave the temporary sediment control measures in place prior to establishing permanent ground cover (for example, when control measures need to be removed in order to grade the area or install pavement or sod), an exception will be made only if one of the conditions listed below will be met. In no way does adhering to one of the conditions below relieve the owner of responsibility to clean up or repair any damages caused from sediment or stormwater runoff leaving the site.

      2.   Permanent Ground Cover: Permanent ground cover shall be established with pavement, aggregate or sod within three (3) working days of the removal of temporary sediment barriers; or

      3.   Permanent Vegetation: Permanent vegetation shall be established by seeding with anchored mulch or erosion control blanket within three (3) working days of final grading in the spring or fall seeding periods. All disturbed areas must have permanent ground cover established within six (6) months of the project completion, or within six (6) months of occupancy, whichever comes first. Summer seeding is acceptable on project areas which shall be watered. This does not apply to concentrated flow areas.

      4.   Maintenance: Sediment control measures and temporary stormwater control measures are to be maintained so they are operating effectively until permanent ground surface protection and permanent stormwater control measures are established in a manner specified in the applicable permit issued pursuant to this section.

      5.   Additional Control Measures: The erosion control administrator may require additional control measures pursuant to the standards if determined as necessary after site inspection, and prior to issuing the permit.

   (E)   Retrofitting Presently Developed Sites: In instances where the project involves a presently developed site, the applicant may request an exemption from fully complying with the stormwater control requirements. The erosion control administrator shall determine the type and extent of compliance required based on existing and proposed site conditions, and the impact of stormwater runoff on the surrounding area. This exemption will only be granted in cases where the proposed condition of the site will not be significantly different from the existing condition as determined by the erosion control administrator. The purpose of this subsection is to allow for alterations to presently developed sites without a major redesign of the existing (or nonexisting) stormwater system, while assuring that all projects will be moving closer to compliance with the stormwater control requirements of this section.

   (F)   Residential; Erosion And Sediment Control Permit: Before commencing any project involving construction of a new single- or two-family dwelling, addition, garage or foundation, or commencing on any project disturbing an area greater than five thousand (5,000) square feet, the owner of the land, or his representative, shall file an application for a residential (1- and 2-family dwelling) erosion and sediment control permit, accompanied by a residential erosion and sediment control site plan. See appendix B attached to the ordinance codified herein for erosion, sediment and stormwater control standards.

If more than one acre of ground is being disturbed, the project must comply with the Illinois environmental protection agency (IEPA) by submitting to the IEPA a storm water pollution prevention plan (SWPPP) and notice of intent. A copy of the approved permit by the EPA must be submitted to the village of Creve Coeur before the village will issue a permit.

See appendix D attached to the ordinance codified herein for the village of Creve Coeur residential erosion and sediment control permit requirements flow chart. (Ord. 661, 9-10-2008)

      1.   Application: The applicant shall file the application and residential site plan with the department on forms provided by the department and an application fee for a residential erosion and sediment control permit of twenty five dollars ($25.00). (Ord. 700, 1-28-2009)

      2.   Application Review: The erosion control administrator shall not take any action on a request until a complete application is received by the department. Upon receipt of a complete application, the erosion control administrator shall initiate the review process for a residential erosion and sediment control site plan. Once the review process is complete, the erosion control administrator shall either issue or deny the permit. If the permit is denied, it shall be returned to the applicant with a written explanation of its denial.

      3.   Duration: The residential erosion and sediment control permit shall expire upon completion of the project and inspection and approval by the erosion control administrator.

      4.   Content Of Residential Erosion And Sediment Control Permit: The residential erosion and sediment control permit shall contain, at a minimum, the following general conditions:

         (a)   Written Approval: That written approval be obtained from the erosion control administrator prior to making any modification to the erosion and sediment control plan as set forth in the application; and

         (b)   Installation Of Control Measures: That all control measures identified in the application shall be installed; and

         (c)   Maintenance Of Control Measures: That all control measures shall be maintained during construction; and

         (d)   Other Conditions: Such other conditions as the erosion control administrator deems appropriate to ensure compliance with the specific requirements and the intent of this section.

         (e)   Permanent Ground Surface Cover: Under all circumstances, temporary control measures shall be maintained. Without exception, all disturbed areas must have permanent ground cover within six (6) months of project completion, or within six (6) months of occupancy, whichever comes first. Temporary erosion control measures shall remain in place until permanent ground cover has been established.

   (G)   Standard Erosion, Sediment And Stormwater Control Permits: Before commencing any commercial, institutional, multi-family or industrial project disturbing more than five thousand (5,000) square feet of ground; or a project requiring subdivision approval by a unit of local government disturbing more than five thousand (5,000) square feet of ground, the owner of the land, or his representative, shall file a standard erosion, sediment, and stormwater control permit application. (Ord. 661, 9-10-2008)

      1.   Application: The applicant shall file the application with the department on forms provided by the department and an application fee for standard permits of fifty dollars ($50.00) per disturbed acre, with a minimum fee of two hundred fifty dollars ($250.00) and maximum fee of two thousand dollars ($2,000.00) (fractional areas shall be rounded to the nearest whole acre). (Ord. 700, 1-28-2009)

      2.   Contents Of Application: The applicant shall file the application with the department on forms provided by the department. The applicant shall supply the number of copies of application documents as set forth in the application. Each application shall be accompanied by the following information:

         (a)   Copy of the NPDES permit from the IEPA for all projects that disturb more than one acre.

         (b)   Storm water pollution prevention plan (SWPPP) for all projects that disturb more than one acre.

         (c)   Detailed site plan including items outlined in appendix C attached to the ordinance codified herein.

         (d)   Design calculations and information related to the permanent stormwater detention system for any project with a net increase of impervious area greater than one-fourth (1/4) of an acre (10,890 square feet) in the past five (5) years. For example, in year 1, a commercial site increases the parking lot by five thousand (5,000) square feet. In year 2, the same commercial site adds a building with an area of six thousand (6,000) square feet. In year 1, no permanent stormwater control measures (or calculations) are required by this chapter. In year 2, stormwater calculations shall be submitted and shall be based on the total increase of eleven thousand (11,000) square feet of impervious area.

         (e)   The stormwater detention facility shall be sized according to the stormwater design analysis in appendix A attached to the ordinance codified herein.

         (f)   A licensed professional engineer must sign and seal the detention calculations and design.

         (g)   Developments which are large, complex, or extra sensitive to drainage considerations may require more sophisticated analysis. The village of Creve Coeur maintains the sole right to determine adequacy of stormwater detention.

         (h)   A plan of the continued management and maintenance of such permanent control measures shall also be provided by the applicant.

      3.   Application Review: The erosion control administrator shall respond in writing to the sediment and erosion control practices portion. The erosion control administrator shall also respond to the stormwater control portion of the application by either issuing a permit, issuing a request for additional information, or issuing a statement denying the permit with an explanation of cause.

      4.   Duration: An erosion, sediment and stormwater control permit shall expire upon completion of the project and final inspection and approval of the erosion control administrator.

      5.   Permit Conditions: The standard erosion, sediment and stormwater control permit shall contain, at a minimum, the following general conditions:

         (a)   Written approval shall be obtained from the erosion control administrator prior to making any modification to the approved erosion and sediment control plan as set forth in the permit;

         (b)   That all control measures required in the permit shall be installed;

         (c)   That all control measures shall be maintained during construction;

         (d)   Such other conditions as the erosion control administrator deems appropriate.

      6.   Permanent Ground Surface Cover: Without exception, all disturbed areas must have permanent ground cover within six (6) months of project completion, or within six (6) months of occupancy, whichever comes first. Temporary erosion control measures shall remain in place until permanent ground cover has been established.

      7.   Final Inspection; Notice Of Permanent Stormwater Control Measures: Within fourteen (14) days after completion of construction, the applicant shall notify the erosion control administrator that the permanent stormwater control measures are ready for final inspection. No certificate of occupancy with respect to any improvements located on the site shall be issued in the absence of compliance with the provisions of this section.

   (H)   Maintenance Of Permanent Stormwater Control Measures: Anyone owning property with a permanent stormwater control measure existing thereon, including those installed pursuant to this section, shall maintain the control measure so that it functions in compliance with the standards.

   (I)   Reimbursement Of Engineering Fees: Should any representative of the village deem it necessary to obtain the services of a professional engineer to review or verify the calculations or conclusions submitted to the village in connection with any application for a permit to undertake construction activities, to conduct inspections while an applicant engages in construction activities after issuance of a permit, or to undertake any other reasonably necessary investigations or activities, the applicant for such permit may be required to reimburse the village for the reasonable cost of such services. By submitting an application to undertake construction activities, the applicant shall be taken to have agreed to pay any such fees. The building inspector shall refuse to issue a permit for any construction activities within a steep slope zone until all actual or estimated engineering fees billed under the provisions of this subsection have been paid in full. The building inspector shall refuse to issue a certificate of occupancy for any improvements until all engineering fees due under the provisions of this subsection have been paid in full. The building inspector may, as a condition to commencing the process of considering an application for a special use under the provisions of this subsection, require advance payment of the estimated cost of such engineering fees.

   (J)   Security For Completion Of Improvements: In order to secure compliance with this section, including the completion of construction activities within a steep slope zone in accordance with the provisions of any report submitted in support of an application to undertake such activities and/or to secure compliance with the terms of any permit or special use authorized under the provisions of this section, either the village board or the building inspector may require the applicant to post security in the form of either a performance bond or a letter of credit. Any such performance bond or letter of credit shall make funds available to the village in an amount which reasonably approximates the cost of completing any construction activities commenced under the terms of any permit or special use and/or the cost of completing the restoration of the affected property in the event that construction activities are commenced but not completed. In the event that construction activities are commenced but not completed in accordance with any applicable permit or special use, the village may, at its option, either complete any authorized construction activities or undertake restoration of the affected property. Should it complete the authorized construction activities or undertake restoration of the affected property, the village may pay any costs that it incurs by drawing on the performance bond or letter of credit posted with respect to the affected property. A performance bond or letter of credit required under this subsection shall contain such terms and conditions as the village deems reasonably necessary to insure the availability of funds in the amount of the security instrument for the purpose of completing any construction activities or completing any restoration.

   (K)   Enforcement, Penalty And Stop Work Order Fee:

      1.   This section shall be administered and enforced by the erosion control administrator, who shall make or cause to be made, periodic inspections of all work authorized by permits issued in accordance with this section to ensure that said construction is in compliance with the provisions of the same; he shall make or cause to be made, investigations of violations of this section and shall cause any violations to be corrected.

      2.   Any permit issued pursuant to this section shall be revoked by the erosion control administrator when he finds from personal inspection or from competent evidence that the rules, regulations, or standards under which said permit was issued are being violated.

      3.   Failure to obtain a permit as required by this section or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this title and the violator shall be subject to the fines and penalties set forth in this subsection.

      4.   Upon due investigation, the building inspector may determine that a violation of the minimum standards of this section exists. The building inspector shall notify the owner in writing of such violation. If the owner, permit applicant or permit holder fails to correct the violation within twenty four (24) hours or disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any provisions:

         (a)   The village may make application to the circuit court for an injunction requiring the conformance with this section or make such other order as the court deems necessary to secure compliance with this section.

         (b)   The erosion control officer may issue a stop work order regarding any work or activity violating this section.

         (c)   A separate offense shall be deemed committed upon each day during or on which a violation continues or occurs.

         (d)   The village may charge a stop work order or application revocation fee of seventy five dollars ($75.00) and also require the violator to reimburse the village for any costs, fees or expenses incurred by the village for inspection, review or consultation with the village engineer regarding the violation and nothing herein shall prevent the village from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. (Ord. 661, 9-10-2008)

   (A)   Small Wind Energy Systems:

      1.   Special Use: All small wind energy systems shall require a special use permit to be reviewed by the zoning board and granted by the village board.

      2.   Variance Required: If any portion of the proposed small wind system does not meet the requirements set forth under this regulation, in addition to a special use permit, a zoning variance will be required.

      3.   Definitions:

   MINIMUM HEIGHT OF BOTTOM OF BLADES: No less than thirty feet (30') above ground level.

   SMALL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics, which has a rated capacity appropriate to the on site electric usage of the end user. The capacity to generate electricity of a small wind energy system shall not exceed thirty (30) kilowatts.

   TOWER HEIGHT: The height above grade of the fixed portion of the tower, excluding the wind turbine and blades.

   TURBINE: The parts of a wind systems including the blades, generator and tail.

      4.   Special Use Permit Required: Small wind energy systems shall be allowed upon obtaining a special use permit in zoning classifications where structures of any type are allowed, subject to the following additional requirements:

         (a)   Notice of an application for installation of a small wind energy system shall be provided to property owners within two hundred feet (200') of the property on which the system is to be located.

         (b)   Tower heights of not more than ninety feet (90') shall be allowed.

         (c)   Towers shall not be located on parcels less than four (4) acres.

         (d)   Only one small wind generator system will be allowed on a parcel of land regardless of the size of the parcel.

         (e)   Setbacks for the system tower shall be no closer to the property line than the height of the system and no part of the system, including guywire anchors, may extend closer than ten feet (10') to the property boundary. Additional, the outer and innermost guywires must be marked and clearly visible to a height of six feet (6') above the guywire anchors.

         (f)   Building permits for applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

         (g)   Decibel levels for the system shall not exceed sixty (60) decibels (dBA) measured at the closest neighboring inhabited dwelling, except during short term events such as utility outages and severe windstorms.

         (h)   The application shall include standard drawings and an engineering analysis of the system's tower, and certification by a professional mechanical, structural, or civil engineer that the system is designed to meet the most stringent wind requirements.

         (i)   The system shall comply with all applicable Federal Aviation Administration requirements, including part 77 of title 14 of the Code of Federal Aviation Regulations regarding installations close to airports.

         (j)   Wind turbine towers shall not be climbable up to fifteen feet (15') above ground level.

         (k)   All access doors to wind turbine towers and electrical equipment shall be lockable.

         (l)   All wiring between wind turbines and the wind energy facility substation shall be underground.

         (m)   No individual tower facility shall be installed in any location along the major axis of an existing microwave communication link where its operation is likely to produce electromagnetic interference in the link's operation.

         (n)   No individual tower facility shall be installed in any location where its proximity with fixed broadcast, retransmission or reception antenna for radio, television or wireless phone or other personal communications system would produce electromagnetic interference with signal transmission or reception.

   (B)   Maintenance And Operation Of Wind Generator Systems:

      1.   Any wind energy system found to be damaged or unsafe by the local enforcement officer shall be repaired by the owner to meet Federal, State and local safety standards or removed within thirty (30) days. If any wind energy system is not operated for a continuous period of three (3) months, the Village may notify the landowner by U.S. certified mail and provide ten (10) days for a response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the Village deems the timetable for corrective action as unreasonable, they must notify the landowner and such landowner shall remove the turbine within thirty (30) days of receipt of notice of the Village.

   (C)   Large Wind Generation Systems:

      1.   The Village of Creve Coeur hereby adopts by reference the terms and provisions of the Tazewell County large scale wind generator ordinance, 7 Tazewell County Code 3-1 et seq., as and for the Village of Creve Coeur's large wind generation ordinance. (Ord. 656, 5-28-2008)

   The provisions of title 7, chapter 7 of the Tazewell County, Illinois Solar Energy Systems ordinance, as passed, approved, and amended effective September 1, 2018 (the “SES ordinance”), is hereby adopted by reference by the Village of Creve Coeur as if fully set out herein, subject to the following modifications:

   (A)   All references in the SES ordinance to the “Community Development Administrator” shall, for purposes of this section, refer to the Village building inspector.

   (B)   All references to provisions of the Tazewell County zoning ordinances shall, for purposes of this section, refer to the most similar provision of this Code addressing the same subject matter as the applicable provision of the Tazewell County zoning ordinances.

   (C)   Commercial/large scale solar farms incorporating ground mount solar energy systems that are designed for providing energy to off-site uses or export to the wholesale market shall be allowed only in the A-1 Agriculture District, the I-1 Industrial District and the I-2 Industrial District, and shall require a special use permit.

   (D)   No special use permit shall be issued for any Solar Energy System without a hearing before the Zoning Board and approval of the Village Board; provided, however, that if the Zoning Board recommends against approval of any special use application for a commercial/large scale solar farm, the special use permit shall only be issued upon a vote of not less than two-thirds (2/3) of the members of the Village Board. The application fees for special use permit applications for Solar Energy Systems shall be one hundred fifty dollars ($150.00) for a roof mounted SES in a residential zoning district, and seven hundred fifty dollars ($750.00) for all other SES special use applications.

   (E)   A Village building permit shall be required for all Solar Energy Systems, and the building permit fees shall be as set forth in section 7-10(j) of the SES ordinance.

   (F)   Amendments to the SES ordinance occurring after September 1, 2018 shall not be automatically incorporated into this section without formal adoption of an amendment to the ordinance by the Village Board.

   (G)   All roof mounted Solar Energy Systems shall comply with the following:

      1.   In no instance shall any Solar Energy System be mounted so as to extend over the roof eave beyond the exterior walls of the structure upon which it is mounted.

      2.   All Solar Energy Systems shall be mounted so as to provide a set back of at least 18 inches from either side of any valley of the roof.

(Ord. 868, 12-12-2018; amd. Ord. 996, 4-10-2024)