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Divernon City Zoning Code

CHAPTER 6

MISCELLANEOUS REGULATIONS

10-6-1: SWIMMING POOL AND TRAMPOLINE REGULATIONS:

   A.   Definitions:
    IN-GROUND SWIMMING POOL: A swimming pool constructed so that the lining or walls confine the water at or below ground level.
   INFLATABLE POOL: A swimming pool capable of having a water depth of thirty six inches (36") or less, and which is erected by means of inflation.
   JUVENILE POOL: A receptacle for water or an artificial pool of water having a depth of less than two feet (2'), intended for the purpose of immersion or partial immersion therein of human beings.
   MINI-TRAMPOLINE: A trampoline with dimensions not to exceed forty eight inches (48") in width and eighteen inches (18") in height.
   PRIVATE RESIDENTIAL SWIMMING POOL: A swimming pool, including inflatable pools, maintained by an individual primarily for the sole use of his or her household and guests and not for profit.
   PUBLIC SWIMMING POOL: A swimming pool maintained by individuals for the use of more than one household, or maintained by a club for the use of its members, or maintained by a business for profit, or maintained by a school, park district, municipality or other public not for profit organizations.
   SWIMMING POOL: A receptacle for water, or an artificial pool of water having a depth at any point of more than two feet (2'), intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment constructed, installed and maintained in or above the ground inside or outside of a building.
   TRAMPOLINE: An apparatus using cloth or canvas sheeting attached to a metal frame designed to perform acrobatic, tumbling, or jumping exercises.
   B.   Permit Requirements:
      1.   It shall be unlawful to proceed with the construction, installation, enlargement or alteration of any swimming pool in the Village until a properly executed permit has been obtained from the Village.
      2.   It shall be unlawful to proceed with the construction, installation, enlargement or alteration of any public swimming pool in the Village until all required permits have been issued by the State of Illinois.
      3.   No permits shall be required for trampolines or juvenile or inflatable pools.
   C.   Permits, Location And Building Restrictions:
      1.   Each application for a swimming pool permit shall be submitted for approval to the Village Zoning Administrator. The application shall be made in such form as prescribed by the Zoning Administrator and shall include such information as required, including, but not limited to, lot lines, distance from existing structures, and location of pool, fencing and all other appurtenant equipment.
      2.   No portion of a swimming pool shall be located less than four feet (4') from a side or rear lot line. No pool or appurtenant equipment shall be permitted in any front yard.
      3.   No public swimming pool shall be permitted in residential zones, except that of a pool maintained by an individual for the use of more than one household.
      4.   No portion of a public swimming pool shall be located less than fifteen feet (15') from a side or rear lot line. No pool or appurtenant equipment shall be permitted in any front yard.
      5.   Where electrical conductors are adjacent to a swimming pool, juvenile pool or inflatable pool, they shall have proper insulation and shall be ground fault protected. No overhead electrical wires shall be permitted within fifteen feet (15') of a swimming pool or trampoline.
      6.   Swimming pools shall be maintained in a clean, safe and sanitary condition.
   D.   Security And Fencing:
      1.   A swimming pool or trampoline shall be completely enclosed by a fence:
         a.   Which is erected along the periphery of the swimming pool or trampoline and any immediately adjacent walk, deck or terrace area appurtenant to the swimming pool or trampoline; or
         b.   Which completely encloses a rear yard in which the swimming pool or trampoline is located.
      2.   The fence shall be at least thirty six inches (36") in height and shall be designed and constructed to render the swimming pool or trampoline inaccessible to children under six (6) years of age. All fence openings shall be equipped with gates and all gates shall be equipped with self-closing devices and shall have latches.
      3.   Swimming pools shall be exempt from the fencing requirements if:
         a.   The pool is above ground level; and
         b.   The pool has a walkway or deck area greater than thirty inches (30") in height with integral guards or rails and a means of egress which can be removed or locked.
Residents with such exempt pools shall ensure that ladders and other means of ingress or egress are kept removed or locked when swimming pools are not in use.
      4.   Mini-trampolines shall be exempt from the fencing requirements, but shall not be left open and available when not in use.
   E.   Inspection Requirements: The Zoning Administrator may, upon completion of construction of a pool or upon receipt of information that a pool or trampoline is nonconforming, shall inspect the premises to determine if it is in compliance with the provisions of this title.
   F.   Nonconforming Structures: Swimming pools and trampolines erected prior to the effective date hereof, which do not meet the fence, electrical or safety requirements of this section shall be made to conform to such requirements within ninety (90) days of the effective date hereof. No swimming pool existing as of the effective date hereof shall be rendered illegal solely due to the location or setback provisions of this section. (Ord. 2018-004, 6-27-2018)

10-6-2: PORCH, DECK AND SHED REGULATIONS:

   A.   Porches and decks, when attached to a principal dwelling, or when any part thereof is within eighteen inches (18") of a principal dwelling, shall be considered part of such principal dwelling for setback purposes and for purposes of calculating required yards in accordance with the provisions of this title. However, except for enclosed porches and decks, the area of a porch or deck shall not be included in the gross floor area of a structure.
   B.   Porches and decks not attached to or within eighteen inches (18") of a principal dwelling shall be considered accessory buildings for all purposes of this title.
   C.   The construction or enclosure of a porch or deck, whether within subsection A or B of this section, shall require a building permit. Each application for a permit shall be accompanied by the permit fee specified in chapter 2 of this title and with a set of plans or drawings drawn to scale. All distances and dimensions shall be accurately figured and drawings shall be made explicit and complete showing the relative locations of the residence, the porch or deck and any existing accessory buildings and the lot lines.
   D.   A shed with sixty five (65) square feet or more floor area shall require a building permit. (Ord. 2018-004, 6-27-2018)

10-6-3: FENCES:

   A.   Requirements In Residential Districts: No fence may be erected within the Village and within a residential zoning district which does not comply with the following specifications:
      1.   Fence Materials:
         a.   Approved fencing materials include: finished wood, vinyl, composite, chain link, wrought iron, and decorative metal.
         b.   Unapproved fencing materials include: orange plastic snow or construction fence, plastic fence, cattle fence, welded wire, or chicken wire.
         c.   The Zoning Administrator shall approve or deny any questionable fence material, or proposed fence material, which is not clearly an approved or unapproved fence material as part of the fence permit process described herein.
      2.   Front And Rear Yard: Any fence erected in a required front yard shall be at least fifty percent (50%) open, and no fence erected in a required front yard may exceed four feet (4') in height measured from ground level. A clearance of three inches (3") shall be allowed for installation purposes and shall not count in determining the height of a fence. No privacy fence may be erected in the front of a residence on the same lot. For through lots, that yard which is used as a rear yard, and which would normally be considered a rear yard for lots other than through lots, shall be considered a rear yard for purposes of erecting a fence.
      3.   Privacy Fence: Any privacy fence erected on the side street of a corner lot shall be restricted to the same setback requirements as a building or structure.
      4.   Height: No fence may be erected which exceeds eight feet (8') in height above ground level.
      5.   Sharp Or Pointed Materials: No fence may be constructed with barbed wire, metal spikes or any other sharp pointed materials. All chain link fences shall be installed with the knuckle portion of the fence up and with the barb portion of the fence at or near the ground. No fence may be electrified.
      6.   Access: No fence may be erected which hinders access to any easement or right-of-way for a public or Village owned utility including, but not limited to, gas, water, sewer, telephone, electric and cable television.
   B.   Requirements In Business And Industrial Districts: No fence may be erected within the Village and within a business or industrial zoning district, which does not comply with the following specifications:
      1.   Fencing materials shall comply with subsection A1 of this section.
      2.   Any fence erected in a required front yard shall be at least fifty percent (50%) open.
      3.   Any privacy fence erected on the side street of a corner lot shall be restricted to the same setback requirements as a building or structure.
      4.   No fence may exceed a height of eight feet (8') above ground level. A clearance of three inches (3") shall be allowed for installation purposes and shall not count in determining the height of a fence.
      5.   No fence may be constructed with barbed wire, metal spikes or any other sharp pointed materials unless the sharp pointed materials are erected at least six feet (6') above ground level, but not higher than eight feet (8') above ground level. All chain-link fences shall be installed with the barbed portion of a fence at or near the ground unless it is installed at least six feet (6') above ground level. No fence may be electrified.
      6.   No fence may be erected which hinders access to any easement or right-of-way for a public or Village owned utility including, but not limited to, gas, water, sewer, telephone, electric and cable television.
   C.   Permits:
      1.   No fence may be erected unless a fence permit is obtained from the Zoning Administrator. The individual, agent or contractor installing the fence shall obtain the permit. No work shall commence until the permit has been obtained. Any individual or agency starting work prior to applying for, and receiving said permit shall be subject to a twenty five dollar ($25.00) fine. This fine shall be in addition to, and not in lieu of, any other applicable fines or penalties assessed pursuant to this Code.
   D.   Recreational Purpose Fences: Fences erected for purposes of providing fencing around sports or recreational facilities or areas as listed below, shall not be subject to the height restrictions specified elsewhere in this section; provided, that such facility or area is not located within twenty feet (20') of a zoning lot corner formed by the intersection of any two (2) street lines, the fence is at least seventy five percent (75%) open and a fence permit is obtained. The maximum height of a fence is listed by each sports or recreational facility or areas as follows:
 
Use
Maximum Height
Baseball diamond backstop (public or private)
16'
Elementary, middle or high schools (public or private)
8'
Swimming pools (public)
8'
Tennis courts (public or private)
12'
 
   E.   Swimming Pool Fences: In the event of any conflict between this section and section 10-6-1 of this chapter relating to swimming pool fences, section 10-6-1 of this chapter shall prevail. (Ord. 2018-004, 6-27-2018)

10-6-4: VISIBILITY AT INTERSECTIONS IN RESIDENTIAL DISTRICTS:

On a corner lot in a residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet (21/2') and ten feet (10') above the centerline grades established by the intersecting streets in the area bounded by the street lines of such corner lot and a line joining two (2) points on said street lines, each point lying twenty feet (20') from the point of the intersection (or corner of the lot). (Ord. 2018-004, 6-27-2018)

10-6-5: ACCESS TO STRUCTURES:

Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be located on lots so as to provide safe and convenient access for servicing and fire protection. (Ord. 2018-004, 6-27-2018)

10-6-6: MAJOR RECREATIONAL EQUIPMENT:

   A.   Definition: For purposes of this title, "major recreational equipment" is defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.
   B.   Parking, Storage And Use Restrictions: Major recreational equipment shall not be used for dining, sleeping, or housekeeping purposes when parked or stored on a residential lot or in any other location not approved for such use; except, that such use is permitted for periods of time not exceeding fourteen (14) days in any single thirty (30) day period. (Ord. 2018-004, 6-27-2018)

10-6-7: DRAINAGE:

No property shall be altered in any manner to intentionally or unintentionally cause water drainage to drain onto or into the property of another. Any person altering property in violation of this section shall make all necessary modifications to remedy and repair such violations as soon as possible at the sole expense of the person altering property in violation of this section. No violations shall occur pursuant to this section where unaltered property naturally drains onto or into the property of another. (Ord. 2018-004, 6-27-2018)

10-6-8: SIZE RESTRICTION FOR NEW HOMES:

All new homes shall consist of not less than eight hundred fifty (850) square feet. (Ord. 2018-004, 6-27-2018)

10-6-9: UTILITIES:

   A.   All new subdivisions shall have underground utilities.
   B.   All new construction shall have underground utilities. (Ord. 2018-004, 6-27-2018)

10-6-10: PORTABLE STORAGE CONTAINERS:

   A.   Types Of Containers: For the purposes of this section, the phrase "portable storage container" shall include but not be limited to the following types of containers:
      1.   Freight Container: A reusable transport and storage unit, fit for moving products and raw materials between locations.
      2.   Portable On-Demand Storage (PODS): Storage container usually constructed of plywood over steel frame, generally rented and left in a customer's driveway for the loading or unloading of personal and household items to be later stored in a warehouse or delivered to another location or used for the collection of donations and storage of items during disasters and emergency situations.
      3.   Semi-Trailer: A trailer supported in the rear by wheels, with legs to support the front of the trailer when uncoupled, and having no front axle. Semi-trailers are routinely transported by coupling a road tractor or dolly, supporting a large portion of the weight, to the trailer. Semi-trailers include but are not limited to: box or van, curtain side, refrigerator truck, tanker, dry bulk, flatbed, lowboy, car- carrier and sidelifter trailers.
      4.   Storage Or Shipping Container: A container with strength suitable to withstand shipment, storage, and handling including but is not limited to reusable steel boxes, intermodal freight containers, corrugated boxes, wooden boxes, crates, and bulk shipping containers, drums or specialized shipping containers.
      5.   Trailer: An enclosed or unenclosed container, utility or flatbed that is designed principally for the transport of goods or materials.
      6.   Other Container: Any other container or structure deemed to be a portable storage container by the Zoning Administrator.
   B.   Permit Required: No person shall store, maintain or otherwise keep a portable storage container on any lot or property without first having obtained a permit issued by the Zoning Administrator.
   C.   Temporary Placement:
      1.   A portable storage container may be temporarily placed in a residential, business or industrial district for a period not to exceed thirty (30) days in a twelve (12) month period.
      2.   The maximum allowable size for a portable storage container in a residential district is one hundred sixty (160) square feet with an overall length not to exceed twenty feet (20').
      3.   Not more than one portable storage container shall be permitted on a property in a residential district. Not more than two (2) portable storage containers shall be permitted on a property in a business or industrial district.
      4.   Placement of the portable storage container shall:
         a.   Comply with the side and rear zoning setback requirements for the zoning district in which it is located.
         b.   Not be placed in front of the front foundation of the residence or other primary structure on the property. For the purposes of this subsection C4b, "front foundation" shall mean the side of the house or primary structure located closest to the roadway upon which the property fronts.
         c.   Be placed on a concrete or asphalt surface.
      5.   At no time shall a portable storage container be situated on any lot where such placement may impair or obstruct visual sight lines to any public thoroughfare.
      6.   Portable storage containers shall not be placed or unloaded on any Village street or right-of-way.
   D.   Long Term Placement:
      1.   A portable storage container may be placed in a business or industrial district for a period of more than twelve (12) months on a lot or property that has been approved by the Zoning Administrator for long term placement.
      2.   Storage or shipping containers are the only types of portable storage containers that may be permitted for long term placement in a business or industrial district.
      3.   Any type of portable storage container may be placed in a residential district for long term placement use by a community center, home occupation, school, fire station, police station or other type of similar usage upon approval of the Zoning Administrator.
      4.   Long term use permits shall be obtained from the Zoning Administrator prior to placement of a portable storage container. Long term use permits shall be valid for a period of not more than twelve (12) months from the date of issuance. The holder of a long term placement permit may apply to the Zoning Administrator for an extension of said permit in the sixty (60) days prior to the expiration of a valid permit. Applicant must provide a detailed, scaled, site plan for any proposed container and location, showing the placement of the portable storage container and any and all screening features.
      5.   Long term use permits shall not be provided for any portable storage container in a business or industrial district that is visible from the portion of any public road that abuts the lot or property. Acceptable screening features for a container include landscaping, fencing, terrain, or a combination of these features. All structures and fences used for screening must be permitted pursuant to this Code.
      6.   Placement of portable storage containers shall:
         a.   Comply with the side and rear zoning setback requirements for the zoning district in which it is located.
         b.   Be placed on a concrete or asphalt surface.
         c.   Not occupy any required off street parking spaces or loading/unloading areas or fire lanes in any district.
         d.   Not block, obstruct, or reduce in any manner any required exits, windows, vent shafts, parking spaces, and/or access driveways.
         e.   Not be stacked on top of each other or on any other structure.
         f.   Not be placed closer than one thousand feet (1,000') to any existing inventoried wetland or identified floodplain.
      7.   At no time shall a portable storage container be situated on any lot where such placement may impair or obstruct visual sight lines to any public thoroughfare.
      8.   Portable storage containers shall not be placed or unloaded on any Village street or right-of-way.
   E.   Standards: Portable storage containers shall meet the following standards:
      1.   All portable storage containers shall be constructed of steel or aluminum with a minimum 14-gauge thickness, except for a wood floor within the metal shell, unless otherwise approved by the Zoning Administrator.
      2.   All portable storage containers shall not exceed forty feet (40') in length, eight feet (8') in width, and eight feet, six inches (8'6") in height.
      3.   PODS shall not be larger than eight feet (8') wide, twenty feet (20') long and eight feet (8') high.
      4.   All portable storage containers shall not have any factory built or field applied electrical, plumbing, heating, or air conditioning systems, and shall not be connected to any power system.
      5.   No fixtures, mechanicals, or equipment of any kind may be affixed to the container, with the exception of a locking device.
      6.   All portable storage containers shall be installed and maintained in a level and plumb condition with a maximum differential settlement of grade of two inches (2"). Long term placement permitted portable storage containers must be placed on a permanent foundation.
      7.   All portable storage containers shall be a solid, flat, non-reflective neutral color, and portable storage containers awarded a long term use permit must be painted a solid, flat, non-reflective color that matches the surrounding natural environment prior to placement thereof.
      8.   No signage, lettering, text, or artwork may be placed on any portable storage container unless such portable storage container is located in a business district and the signage, lettering, text, or artwork is approved by the Zoning Administrator prior to placement thereof.
   F.   Accessory Use: Vehicles, trailers (semi- and/or utility), manufactured housing, camping units, PODS and mobile homes shall not be used as an accessory building, storage building, utility building, shed, or for any other similar use unless it is part of a commercial operation in a business or industrial district duly conducted on the premises where such operation is in compliance with this title and/or the laws of this State.
   G.   Restrictions:
      1.   No storage or shipping container shall be allowed on a lot without the existence of a primary residence unless used during:
         a.   Construction of a primary residence or accessory structure.
         b.   Transportation of personal property to and from existing structures.
         c.   Construction of a major subdivision development or another approved construction site.
      2.   Storage or shipping containers used as part of a permitted construction project shall be permanently removed from the premises within thirty (30) days of the issuance of a certificate of occupancy.
   H.   Temporary Use: Vehicles, trailers (semi- and/or utility), manufactured housing, and mobile homes shall be allowed to be temporarily used as office space, break rooms or other such similar uses during the construction phase of a commercial development or major residential subdivision.
   I.   Roll-Off Dumpsters: Roll-off type dumpsters used for the removal of discarded building materials and debris shall be temporarily allowed in the front, side or rear of a primary residence or structure during a period of active construction. (Ord. 2018-004, 6-27-2018)