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Divernon City Zoning Code

CHAPTER 4

DISTRICT REGULATIONS

10-4-1: R RESIDENCE DISTRICT:

   A.   Permitted Uses:
      Churches.
      Community centers, parish houses, rectories.
      Gardening uses.
      Home occupations.
      Nursery schools.
      Parks, noncommercial and other open spaces.
      Schools.
      Single dwelling.
      Temporary buildings for construction purposes.
   B.   Conditional Permitted Uses:
      Apartment hotels.
      Cemeteries.
      Clubs, nonbusiness.
      Duplex, dwelling units.
      Electric and gas substations serving distribution area.
      Fire stations.
      Police stations.
      Pumping stations, water or sewer.
      Radio towers.
      Rooming and boarding houses.
      Telephone exchanges.
      Television towers.
      Trailer or mobile home parks.
   C.   Minimum Lot Dimensions:
      1.   Width: Seventy feet (70').
      2.   Depth: One hundred forty feet (140').
   D.   Yard Regulations:
      1.   Front yards: Minimum of twenty feet (20') in depth.
      2.   Side yards: Four feet (4') from the nearest part of a structure (overhang).
      3.   Rear yards:
         a.   No building used for storage purposes shall be closer than three feet (3') to the rear property line.
         b.   For buildings with living quarters, the measurements shall be the same as side yards.
   E.   Private Garage Entrance Setbacks:
      1.   No private garage with entrance from a street shall be placed closer than eighteen feet (18') from the property line.
      2.   No private garage with entrance from an alley shall be placed closer than twelve feet (12') from the property line.
   F.   Minimum Driveway Length:
      1.   No driveway with entrance from a street shall extend less than eighteen feet (18') from the property line.
      2.   No driveway with entrance from an alley shall extend less than twelve feet (12') from the property line.
   G.   Accessory Building Limitations:
      1.   A rear yard may contain: a) an accessory building consisting of a two car garage occupying an area of not more than five hundred seventy six (576) square feet, or b) accessory buildings which, in the aggregate, occupy an area no greater than the smaller of: 1) one thousand eight hundred (1,800) square feet or 2) fifteen percent (15%) of the area of such rear yard. Such accessory buildings may be used for off street parking.
      2.   Any accessory building used for parking or storage of motor vehicles or trailers (whether designed or used for living and sleeping purposes or for transportation of objects, including, but not limited to, goods, boats, snowmobiles, farm implements, motorcycles and camping gear) shall be provided with a driveway which shall: a) open upon a street or alley; b) be constructed of either all-weather, hard surface pavement or well-graded, compacted, and maintained gravel; c) not have a width exceeding twenty four feet (24'), exclusive of curbs; d) be constructed in accordance with the provisions of title 7, chapter 1 of this Code; and e) be subject to review of the Zoning Administrator or his/her designee.
      3.   Nothing in this subsection G shall be construed as affecting or waiving any regulation pertaining to lot lengths, lot widths, lot areas, lot lines or setbacks, yard regulations, height regulations, obstruction regulations, permitted uses or conditional permitted uses.
      4.   Accessory buildings may be used in the conduct of home occupations.
   H.   Nonpermanent Structures: Setbacks for nonpermanent residential structures such as portable sheds, pools, etc., shall be no less than three feet (3') for side and rear yards.
   I.   Height Regulation: No structure shall exceed two (2) stories (maximum allowable), and shall not exceed thirty five feet (35') in height.
   J.   Sign Area: No signs shall exceed six (6) square feet in area, except signs required by law for public notice.
   K.   Architectural Standards: All new structures in residential areas shall be constructed in such a manner as to conform with existing and surrounding architectural harmony.
   L.   Inspections: The Zoning Administrator or his/her designee shall conduct a site inspection to ensure that all proper setbacks are maintained and shall conduct a site inspection prior to construction of new homes, additions to existing structures, or placement of a permanent structure. (Ord. 2018-004, 6-27-2018)

10-4-2: B BUSINESS DISTRICT:

   A.   Permitted Uses:
      Amusement establishments: bowling alleys, pool halls, dance halls, gymnasiums, indoor swimming pools and skating rinks.
      Antique shops.
      Art and school supply stores.
      Art galleries, museums, auction rooms and public libraries.
      Automotive sales.
      Automotive service stations.
      Bakeries.
      Banks and financial institutions.
      Barbershops.
      Beauty shops.
      Bicycle stores: sales, rental and repair.
      Book and stationery stores.
      Building material sales with outdoor storage.
      Building material sales without outdoor storage.
      Camera and photographic supply stores.
      Candy and ice cream stores.
      Carpet and rug stores.
      Cartage and express facilities providing for storage of goods, motor trucks and other equipment in an enclosed structure.
      Catering establishments.
      Clothes pressing establishments.
      Clubs and lodges: private, fraternal and religious.
      Contractors and construction offices.
      Custom dressmaking.
      Dance schools.
      Department stores.
      Drugstores.
      Dry cleaning and laundry establishments.
      Dry good stores.
      Electrical and household appliance stores.
      Feed stores.
      Fire stations.
      Flower shops and conservatories.
      Food stores, grocery stores, meat markets and delicatessens.
      Fuel sales.
      Funeral homes.
      Furniture stores.
      Garages, public, servicing automotive vehicles, but not including body repair and painting.
      Garden supply and seed stores.
      Gift shops.
      Hardware stores.
      Hobby shops.
      Hotels.
      Ice sales.
      Jewelry stores.
      Job printing shops.
      Mail order houses and service stores.
      Medical and dental clinics.
      Meeting halls.
      Miniature golf courses.
      Music shops.
      Newspaper offices, including printing.
      Offices devoted to business, professional and public activities.
      Optician and optometrist offices.
      Paint and wallpaper stores.
      Parking lots and garages for automobiles.
      Pet shops.
      Plumbing showrooms and shops.
      Police stations.
      Post offices.
      Radio and television service and repair shops.
      Restaurants.
      Shoe and hat repair shops.
      Shoe stores.
      Small repair shops.
      Sporting good stores.
      Tailor shops.
      Telegraph offices.
      Telephone booths.
      Theaters, excluding drive-ins.
      Trailer sales.
      Variety stores.
      Vending machines.
      Wearing apparel shops.
      Wholesale establishments.
   B.   Conditional Permitted Uses:
      Animal hospitals.
      Automobile laundries.
      Bakeries, wholesale.
      Churches and other religious institutions.
      Frozen food lockers.
      Greenhouses.
      Machinery sales establishments.
      Open sales lots, including sales of used cars.
      Outdoor amusement establishments: fairgrounds, permanent carnivals, kiddie parks, golf driving ranges, miniature golf courses, and other similar amusement centers.
      Public service uses:
      Electrical distribution centers.
      Filtration plants, pumping stations, and water reservoirs.
      Telephone exchange, radio and television transmitting or relay stations and antenna towers.
      Other similar uses.
      Recreation buildings and community centers.
      Theaters, drive-in.
   C.   Accessory Uses To The Above Permitted Uses: Such accessory uses shall not include the keeping or propagation of pigeons, poultry or livestock, whether or not for profit.
   D.   Yard Regulations:
      1.   Front Yards: None.
      2.   Side Yards: None.
      3.   Rear Yards: Business and industrial districts shall have a rear area of ten feet (10') minimum setback between the property line and the nearest part of the building.
      4.   Transitional Yard:
         a.   Where a side lot line coincides with a side or rear lot line in an adjacent residence district, a yard shall be provided along such lot line. Such yard shall be not less than twenty feet (20') in width.
         b.   Where a rear lot line coincides with a side lot line in an adjacent residence district, a yard shall be provided along such rear lot line. Such yard shall be not less than thirty feet (30') in depth.
         c.   Where the extension of a front or side lot line coincides with a front lot line of an adjacent lot located in a residence district, a yard equal in depth to the minimum front yard required by this title on such a residential lot shall be provided along such frontage or side lot lines for a distance of at least twenty five feet (25'), including the width of an intervening alley from such residential lot.
   E.   Height Regulation: No structure shall exceed one hundred feet (100') in height.
   F.   Sign Regulations: Business and advertising signs are permitted, subject to the following conditions:
      1.   Location: No sign shall be permitted within twenty feet (20') of any residential district boundary line.
      2.   Illumination: Signs may have constant or flashing illumination; provided, that any such signs that are located in direct line of vision of any traffic control signal shall not have contrasting or flashing intermittent illumination of red, green or amber color.
      3.   Gross Surface Area: The gross surface area in square feet of all signs on a lot shall not exceed ten (10) times the linear feet of the frontage of such lot. Each side of the lot that abuts upon a street may be included as separate frontage.
      4.   Awnings: Signs on awnings shall be exempt from the limitations imposed by this title on the projection of signs from the face of the wall of any building or structure; provided, that any sign located on an awning shall be affixed flat to the surface thereof. Further, no such sign shall extend vertically or horizontally beyond the limits of said awning.
      5.   Projection:
         a.   A business sign when affixed to a building shall not project more than eight feet (8') from the face of the wall of any building or structure. A business sign not affixed to a building shall be not nearer than fifteen feet (15') from a lot line adjoining a street; except, that a sign having its lowest elevation ten feet (10') above the ground level and supported on standards or portable signs not to exceed twelve (12) square feet in area that do not unduly obstruct the pedestrian or motorist view may be located within three feet (3') of such lot line.
         b.   A business sign may be located on a building roof; provided, it is not higher than six feet (6') above the building height.
         c.   Advertising signs affixed flat against the building walls shall not project therefrom more than eighteen inches (18") nor project higher than the building height. Freestanding sign structures shall be located not less than fifteen feet (15') from a lot line adjoining a street. No advertising sign shall be located within one hundred feet (100') of a residential district boundary line.
   G.   Supplementary Regulations:
      1.   All business, service, storage, merchandise, display and, where permitted, repair and processing, shall be conducted wholly within an enclosed building, except for off street automobile parking, off street loading and open sales lots in districts where permitted.
      2.   Unless otherwise permitted herein for specified uses, goods sold shall consist primarily of new merchandise and any goods produced on the premises shall be sold at retail, primarily on the premises.
   H.   Inspections: The Zoning Administrator or his/her designee shall conduct a site inspection to ensure that all proper setbacks are maintained and shall conduct a site inspection prior to construction, additions to existing structures, or placement of a permanent structure. (Ord. 2018-004, 6-27-2018)

10-4-3: I-1 INDUSTRIAL DISTRICT:

   A.   Permitted Uses:
      1.   Uses Enumerated:
         Accessory uses incidental to and on the same lot and zoning district as the principal use.
         Arenas, open or enclosed.
         Auditoriums, open or enclosed.
         Auto laundries.
         Automobile service stations.
         Building material sales with outside storage.
         Bus stations, terminals and garages.
         Cartage and express facilities.
         Contractor offices, shops and yards.
         Dental service facilities and clinics.
         Dry cleaning establishments.
         Dwelling units for watchmen and their families, when located on the premises where employed.
         Electric, gas, and telephone and water service substations.
         Feed sales and service.
         Fertilizer sales and service.
         Fire stations.
         Fuel sales.
         Garages for storage, repair and servicing of motor vehicles.
         Gas regulator stations.
         Grain elevators.
         Greenhouses, wholesale.
         Highway maintenance shops and yards.
         Hotels; camps for railroad labor; sleeping, lodging, eating and related facilities.
         Ice sales.
         Laundries.
         Mail order houses.
         Medical service facilities and clinics.
         Microwave relay towers.
         Motor freight terminals.
         Offices and lodges of labor organizations.
         Packing and crating.
         Police stations.
         Printing.
         Publishing establishments.
         Radar installations and towers.
         Radio studios, stations and towers for transmitting and receiving.
         Railroad passenger stations.
         Recreational center buildings (public and private).
         Restaurants, including the sale of liquor in conjunction therewith.
         Stadiums, open or enclosed.
         Taverns.
         Telephone booths.
         Telephone exchanges.
         Telephone transmission equipment buildings.
         Television studios, stations and towers for transmitting and receiving.
         Temporary buildings for construction purposes, for a period not to exceed the duration of such construction.
         Temporary real estate tract offices, for the purposes of conducting the sale of lots of the tract upon which such tract office is located, for a period not to exceed two (2) years.
         Trade schools.
         Waterworks.
         Weighing stations.
      2.   Condition: Uses permitted in the I-1 District are subject to the following condition: Dwelling units and lodging rooms are not permitted, except for watchmen quarters.
   B.   Conditional Permitted Uses:
Airports, private and commercial, including heliports and other aircraft landing fields, runways, flight strips, and flying schools, together with hangars, terminal buildings, and other auxiliary facilities.
   C.   Yards:
      1.   Front Yard: Not less than twenty feet (20') in depth at any point.
      2.   Side Yards: On a corner lot, a side yard shall not be less than thirty feet (30'); elsewhere, there shall be a minimum side yard of six feet (6') for lots fifty feet (50') wide and under, seven feet (7') for lots fifty feet (50') to sixty feet (60') wide, eight feet (8') for lots sixty feet (60') to seventy feet (70'), and so on.
      3.   Transitional Yards:
         a.   Where a side or a rear yard lot line of a lot in the Industrial District coincides with a side or rear lot line in an adjacent residence district, a yard of forty feet (40') shall be provided in the part of the yard adjacent whether it be side or rear yard.
         b.   Where a rear lot line coincides with a side lot line in an adjacent residence district, a yard shall be provided along such rear lot line. Such yard shall be not less than fifty feet (50') in depth.
         c.   Where a rear lot line coincides with a rear lot line in an adjacent business or residence district, a yard shall be provided along such rear lot line. Such yard shall not be less than fifty feet (50') in depth.
         d.   Where the extension of a front or side lot line coincides with a front lot line of an adjacent lot located in a residence district, a yard equal in depth to the minimum front yard required by this title on such adjacent residential lot shall be provided along such front or side lot lines for a distance of at least twenty feet (20'), including the width of an intervening alley from such residential lot.
      4.   Rear Yard: Business and industrial districts shall have a rear area of ten feet (10') minimum setback between the property line and the nearest part of the building.
   D.   Sign Area:
      1.   Gross Area: The gross area in square feet of all signs in a lot shall not exceed twenty (20) times the linear frontage of such lot.
      2.   Flashing Signs: However, the gross area of all flashing signs shall not exceed fifteen (15) times the linear feet of frontage of such lot.
      3.   Projection: No sign shall project more than eight feet (8') from the face of the wall of any building or structure.
      4.   Spacing: Advertising signs on any controlled access route must be spaced at least three hundred thirty feet (330') apart on either side of the road. All advertising signs must be kept at least five hundred feet (500') away from an entrance or exit to a controlled access route.
   E.   Inspections: The Zoning Administrator or his/her designee shall conduct a site inspection to ensure that all proper setbacks are maintained and shall conduct a site inspection prior to construction, additions to existing structures, or placement of a permanent structure. (Ord. 2018-004, 6-27-2018)

10-4-4: I-2 INDUSTRIAL DISTRICT:

   A.   Permitted Uses:
      1.   Enumerated:
         Any use permitted in the I-1 District.
         Airfreight terminals.
         Automobile wrecking yards.
         Fertilizer manufacturing.
         Junkyards.
         Railroad classification yards.
         Railroad freight terminals.
         Railroad switching yards.
         Repair shops.
         Roundhouses.
         Water freight terminals.
      2.   Condition: Uses permitted in the I-2 District are subject to the following condition: Dwelling units and lodging rooms are not permitted, except for watchmen quarters.
   B.   Conditional Permitted Uses:
         Same as the I-1 District.
         Sanitary landfill.
   C.   Yards: Yard requirements for the I-2 District are the same as the I-1 District.
   D.   Supplementary Regulations: Any land construed to be used for the purpose of automobile wrecking yards or junkyards shall be completely screened by a solid wall or uniformly painted solid fence at least eight feet (8') in height, and open storage is restricted to a height that does not exceed that of the enclosing fence.
   E.   Inspections: The Zoning Administrator or his/her designee shall conduct a site inspection to ensure that all proper setbacks are maintained and shall conduct a site inspection prior to construction, additions to existing structures, or placement of a permanent structure. (Ord. 2018-004, 6-27-2018)