Flossmoor City Zoning Code
ARTICLE IV
Use Districts
§ 285-4-1 District classifications.
In order to classify, regulate and restrict the locations of trade and industries, and the location of buildings designated for specified uses; to regulate and limit the height and bulk of buildings hereafter erected or altered; to regulate and limit the intensity of the use of lot areas; and to regulate and determine the area of yards, courts and other open spaces within and surrounding such buildings, the Village of Flossmoor is hereby divided into the following:
RESIDENTIAL DISTRICTS: | |
R-1 | Single-Family Residential District (45,000 square feet minimum) |
R-2 | Single-Family Residential District (30,000 square feet minimum) |
R-3 | Single-Family Residential District (20,000 square feet minimum) |
R-4 | Single-Family Residential District (15,000 square feet minimum) |
R-5 | Single-Family Residential District (12,500 square feet minimum) |
R-6 | Single-Family Residential District (10,000 square feet minimum) |
R-7 | Planned Multifamily Residential District |
PUBLIC USE DISTRICT: | |
P | Public Use |
BUSINESS DISTRICTS: | |
B-1 | Local Business District |
B-2 | Community Business District |
B-3 | Planned Business Center District |
B-4 | Office District |
B-5 | Central Business District |
B-6 | Planned Business Center/TIF District |
§ 285-4-2 Zoning Map.
The boundaries of each district are indicated upon the amended zoning district map of the Village of Flossmoor, which map is entitled "Amended Zoning Map of Flossmoor, Illinois," revised and dated, and is hereto attached and made a part of this chapter. The said amended Zoning Map of Flossmoor and all notations, references and other matters shown thereon shall be as much a part of this chapter as if the notations, references and other matters set forth by said map were all fully described herein.[1]
[1]
Editor's Note: Said map is on file in the Village Offices.
§ 285-4-3 New or annexed land.
Any territory hereafter annexed to the municipality which is not shown on the Zoning Map made a part of this chapter shall automatically, upon such annexation, be classified as within the R-1 (45,000 square feet) Single-Family Residential District, and be subject to all conditions and regulations applicable to territory in such district, until said territory is later zoned in a manner provided by law, provided that, in the event the owner or owners of property to be annexed desire another zoning district classification, in harmony with density and land use designations shown for said property in the Comprehensive Plan for the environs of the Village, to be adopted at the time of the annexation, the owner may petition for said zoning classification simultaneously with the petition for annexation. After the zoning hearing and recommendation of the Plan Commission, the Village Board of Trustees may either adopt, modify or reject the recommendations in the report of the Plan Commission relating to the proposed zoning amendment, at the time of adoption of the final ordinance annexing the territory.
§ 285-4-4 Zoning of streets, alleys, public ways and railroad rights-of-way.
All streets, alleys, public ways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways and railroad rights-of-way. Where the center line of a street, alley, public way or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.
§ 285-4-5 Boundary lines.
Wherever any uncertainty exists as to the boundary of any use district as shown on the Zoning Maps incorporated herein, the following rules shall apply:
A.
Where district boundary lines are indicated as following streets, alleys or similar rights-of-way, they shall be construed as following the center lines thereof.
B.
Where district boundary lines are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.
C.
Where a lot held in one ownership and of record at the effective date of this chapter is divided by a district boundary line, the entire lot shall be construed to be within the less-restricted district; provided, that this interpretation shall not apply if it increases the area of the less-restricted portion of the lot by more than 20%.
§ 285-4-6 Minimum areas for zoning districts.
A.
In addition to the conditions of the various zoning districts, the minimum areas that may constitute a separate or detached part of any of the following zoning districts on the comprehensive amended Zoning Map or subsequent amendments to said Zoning Map shall be as shown in the following table. When an area proposed for rezoning abuts a district of the same or a less restrictive classification than that proposed for such area, the area of the district abutting the area proposed for rezoning may be included in the calculations in meeting the minimum area requirements:
[Amended 6-20-2022 by Ord. No. FMC 2022-5]
Zoning District | Minimum Area (acres) |
|---|---|
R-7 Planned Multifamily Residential District | 2 |
B-1 Local Business District | 2 |
B-2 Community Business District | 2 |
B-3 Planned Business Center District | 2 |
B-4 Office District | 2 |
B.
The minimum area for a zoning district may be less than the amount otherwise required by this chapter where a petition for amending the Zoning Map requests a change from a Public Use District to another zoning district established by this chapter. Such a petition, in addition to following the amendment procedures of § 285-26-10, shall specify the proposed use of land or buildings and shall be governed by the special use permit procedures of § 285-26-9.
[Amended 11-7-1983 by Ord. No. 743]
§ 285-4-7 Floodplain regulations.
Applicants for permits in areas regulated by the Village Flood Damage Prevention Ordinance shall be required to meet requirements in addition to those contained in this chapter.
§ 285-4-8 Temporary uses.
Upon application to and issuance by the Zoning Administrator of a permit therefor, the following uses may be operated as temporary uses in any district:
A.
Temporary building or yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the building or yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than four successive six-month periods at the same location.
B.
Temporary office, both incidental and necessary for the sale or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each such permit shall be valid for a period of not more than one year and shall not be renewed for more than five successive six-month periods at the same location.
D.
Temporary toilet facilities (i.e., "portable toilets") for organized athletic events in public parks. The special use permit process as provided in § 285-26-9 shall apply to all such facilities except as otherwise provided herein. Portable units are permitted only on an interim basis in the absence of permanent toilet facilities. Applicants shall be encouraged to develop permanent facilities for use by the public.
[Amended 1-7-1991 by Ord. No. 980]
(1)
Standards for placement. Temporary toilet facilities shall meet the following standards:
(a)
The number of portable units shall be limited to no more than two units.
(b)
The period of placement shall not exceed four months.
(c)
The units shall be placed in such a manner so as to lessen the potential adverse impact on neighboring properties. Under no circumstances shall a unit be placed any closer than 10 feet to a lot line.
(d)
Units shall be provided with screening so as to lessen the potential for adverse impact on neighboring properties. Screening shall consist of landscape plantings and/or fencing.
(e)
Units shall be of a color and appearance that will be harmonious with natural surroundings.
(f)
Units shall not bear any signage other than the name of the owner and this shall be limited to two square feet per side.
(2)
Renewal of special use permit. An applicant having once received a permit through the process provided for under § 285-26-9 shall be entitled to up to three consecutive administrative renewals if:
(a)
The renewal application shows that the temporary facilities requested are the same as that which was previously approved; and
(b)
There has been no violation by the applicant of the standards established in Subsection D(1); and
(c)
The Village has not notified the applicant within 14 days of application receipt that a public hearing is required for renewal based upon a change in circumstances.
E.
Temporary toilet facilities (i.e., portable toilets) at new building construction sites and building construction sites where no functioning toilet facilities are available during renovation shall be permitted at any lot where a building permit has been issued.
[Amended 3-2-1998 by Ord. No. 1255; 5-16-2016 by Ord. No. 2016-4]
(1)
Standards for placement. Temporary toilet facilities permitted by this section shall meet the following standards:
(a)
The number of portable units shall be limited to the minimum number as required based on the Occupational Safety and Health Administration construction sanitation standards; however, the number of portable units shall be limited to one per lot in R-1 through R-7 residential districts.
(b)
The period of placement shall not exceed the term of the building permit issued for the property that the portable units(s) are located upon; however, portable units shall be removed from sites within the R-1 through R-7 residential districts immediately upon the availability of an enclosed functioning toilet within the building(s) under construction.
(c)
Portable units located on any lot in R-1 through R-7 residential districts shall be located in rear yards where there is access for placement and maintenance of the unit. Where the rear yard is inaccessible for placement or maintenance, the unit may be placed in a front or side yard. Where a unit must be placed in a front yard, the minimum distance from the front property line shall be 25 feet, and where placed in a side yard, the unit placement shall observe the minimum side yard setbacks for accessory uses required for the specific zoning district in which the lot is located. Portable units shall be located in residential districts to provide the maximum practical screening from roads and adjacent properties as the site allows.
(d)
In the event that continuous construction activity ceases for a period of 30 days, the permit holder shall immediately have the portable unit(s) removed from the site until such time that continuous construction activity resumes.
(e)
The Zoning Administrator or Building Official may require a site plan indicating the proposed location(s) of portable unit(s) prior to the issuance of any building permit.
F.
Temporary tents erected on private property used by an existing commercial enterprise located on the same parcel of real estate. Use of any tent shall be accessory to or promotional for the existing business on site.
(1)
Duration of the tent installation shall be limited to a maximum of three days for any and each installation.
(2)
Frequency of installation of tents shall be limited to one installation every 45 days.
(3)
Size of any tent shall be limited to a maximum of 400 square feet.
(4)
Temporary tents permitted by this section are an exception to the "enclosure of operations" requirement in each business district.
[Amended 2-2-2004 by Ord. No. 1498]
G.
Construction fencing.
[Amended 7-19-2004 by Ord. No. 1518]
(1)
Notwithstanding § 285-21-2, temporary fences incidental to construction and intended to secure the construction site or required by good construction practices shall be permitted. Installation of such fences is limited to the duration of the building permit and shall be removed upon substantial completion and prior to the issuance of any certificate of occupancy, including temporary certificates of occupancy.
(2)
Fences installed in accordance with this provision shall be located on private property. Fences shall be constructed of material, such as chain-link, so as to provide a relatively high degree of visibility from public ways into the construction site. The height of the fence shall be limited to a maximum of eight feet.
H.
Portable storage units.
[Amended 9-18-2007 by Ord. No. 1615]
(1)
"Portable storage units" shall mean any container designed for the outdoor storage of personal property which is typically rented to owners or occupants of property for their temporary use and which is delivered and removed by vehicle.
(2)
Portable temporary storage containers are allowed in any single-family residential district provided they meet the following conditions:
(a)
Only one container may be located on a residential lot at a time;
(b)
No portion of any container may extend onto a right-of-way, or easement for ingress and egress;
(c)
The container shall not exceed eight feet in width, 16 feet in length and eight feet in height;
(d)
The container must be located on an impervious surface;
(e)
Placement of a portable temporary storage container shall be limited to 14 days per residential lot, per calendar year;
(f)
The container must be locked and secured when not being loaded or unloaded; and
(g)
The container shall not be used for the storage of flammables and/or hazardous materials.
(3)
Such units may only be placed when an administrative permit has been issued by the Zoning Administrator. The form and content of applications for such permit shall be determined by the Zoning Administrator.
(4)
The restrictions and permit requirement stated in this section shall not apply in those instances where a building permit for the lot has been issued and the unit is located on private property and is being used for the temporary storage of construction materials, supplies and/or tools/equipment.
§ 285-4-9 Antennas and telecommunication towers.
[Amended 12-21-1998 by Ord. No. 1283]
A.
Telecommunication towers, microwave receivers, satellite receivers and any other transmitting or receiving antennas are special uses with the following exceptions:
(1)
Antennas located on nonresidential buildings and shielded from view from all surrounding streets, driveways and parking areas used by the general public. The method and materials used to meet the criteria cited above must be approved by the Zoning Administrator as part of the building permit review process.
(2)
Antennas on existing structures not classified as buildings.
(a)
Antennas mounted to existing towers, utility poles, water towers, light standards, bridges or other structures not classified as buildings provided the following standards are met:
(b)
However, if new accompanying equipment buildings or boxes are to be installed or constructed they shall be subject to site plan review as provided for in § 285-26-112.
(3)
Antennas intended for noncommercial residential use.
(a)
Antennas intended for noncommercial residential use meeting the following standards:
[1]
Satellite receivers with a diameter of less than 20 inches and which do not exceed a height of eight feet above grade or roofline if installed on a building.
[2]
Standard television receiving antennas which do not exceed a height of eight feet above roofline.
[3]
Amateur or "ham" radio antennas which do not exceed a height of eight feet either above grade or, if mounted on a roof, above the roofline.
(b)
Antennas permitted under Subsection A(3)(a)[1], [2] and [3] above shall not be located within provided front yards and required side and rear yards.
B.
Antennas. Antennas which do not comply with the standards described above shall require a special use permit and be subject to the following regulations:
(1)
Antennas shall not be located in any provided front or provided side yard or in any required yard.
(2)
Maximum height shall not exceed 10 feet above grade or, if mounted on a roof, eight feet above the roofline.
(3)
The color of the devices shall be harmonious with the surroundings of the proposed location.
(4)
Landscaping appropriate to the site shall be provided so as to screen the device from the view from other properties.
C.
Telecommunication towers.
(1)
General guidelines and requirements.
(a)
Principal use. Telecommunication towers are classified as a principal use and any installation of a tower or antenna must comply with district regulations, including, but not limited to, setback requirements, lot size, coverage requirements and other such requirements.
(b)
Prohibited facilities. No telecommunication towers shall be permitted in any residential zone or the B-5 Central Business District.
(c)
Inventory of existing sites. Each applicant for approval of a telecommunication tower shall provide to the Zoning Administrator an inventory of its existing antennas and towers that are within 1 1/2 miles of the corporate limits of the Village of Flossmoor, including specific information about the location, height and design of each tower or antenna. Applicants are encouraged to submit an inventory of potential future tower sites within the Village. The Zoning Administrator may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate towers or antennas within the jurisdiction of the Village; provided, however, that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(d)
Abandonment. Notice shall be provided to the Zoning Administrator when a tower is placed out of service. The owner shall remove towers that are not used for a period of six months or more within 120 days of receipt of notification to that effect.
(2)
Telecommunications towers special use criteria.
(a)
Communication companies are encouraged to locate telecommunication antennas on or in structures other than a tower. Such structures may include church steeples, transmission line towers, utility/light poles, water towers, etc. Where such facilities are not available, co-location of facilities is encouraged.
(b)
When a new tower is proposed to be sited, the following standards shall be used in the approval of the siting of new towers:
[1]
Evidence that the applicant has investigated the possibilities for locating the proposed facilities on an existing tower, the use of stealth technology or other location district where the antennas would be permitted as an administratively approved use where a minimal level of coverage can be provided. Such evidence shall consist of:
[a]
Copies of letters sent to owners of all existing towers within a one-mile radius of the proposed site, requesting the following information:
[i]
Tower height;
[ii]
Existing and planned tower users;
[iii]
Whether the existing tower could accommodate the proposed antenna without causing instability or radio frequency interference; and
[iv]
If the proposed antenna cannot be accommodated on the existing tower, an assessment of whether the existing tower could be structurally strengthened or whether the antenna's transmitters and related equipment could be protected from electromagnetic interference, and a general description of the means and projected cost of shared use of the existing tower.
[b]
A copy of all responses received within 30 days from the mailing date of the letter required by Subsection C(2)(b)[1] above.
[c]
A summary explanation of why the applicant believes the proposed facility cannot be located on an existing tower.
[d]
A summary explanation of why the applicant believes that the use of an alternative tower structure is not possible.
[e]
Provision of sound engineering evidence demonstrating that location in the proposed district is necessary in the interest of public safety or is a practical necessity.
[2]
Evidence that the communications tower is structurally designed to support at least one additional user, and the special use application includes a statement that the owner of the tower is willing to permit other users to attach communication facilities, on a commercially reasonable basis, which do not interfere with the primary purpose of the tower. The tower owner may require that such other users agree to pay reasonable compensation to the owner for any liability which may result from such attachment. The site plan shall indicate a location for at least one equipment building in addition to that proposed for use by the applicant. Priority for co-location on the proposed tower shall be given to antennas that will serve a public safety need for the community.
[3]
Landscape buffering and screening of the site shall be installed in order to provide spatial separation and create visual block from adjacent properties and streets. The buffer shall be installed around the outside of all improvements on the site, including the tower and guy anchors, any ground buildings or equipment, and security fencing. The tower's guy anchors may be screened or fenced separately in order to comply with the requirements of this subsection.
[4]
No outside storage shall be allowed on any telecommunication facility site.
[5]
Associated buildings located at a tower site shall not be used as an employment center for any worker. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments.
[6]
Any lighting shall not project onto surrounding residential property.
[7]
The color of the tower shall be neutral, except to the extent required by federal law, so as to minimize its visual impact.
[8]
In order to protect the public from unnecessary exposure to electromagnetic radiation, the tower owner shall provide documentation, such as a signed affidavit from a qualified expert, indicating that the power density levels do not exceed levels permitted by the FCC.
[9]
No commercial advertising shall be allowed on the tower or its related facilities.
[10]
Setback of the base of the tower from all adjacent property lines shall be one foot for each foot in height. To encourage shared use of towers, applications for towers which will operate with more than one user immediately upon completion may have a ten-percent reduction in the required setbacks, but in no case shall the setback be less than those required for the underlying zoning district. Also, to encourage the construction of monopole structures, monopole towers may have a twenty-percent reduction in the required setbacks. In no case shall the setback be less than those required for the underlying zoning district. Said setback reductions shall only be allowed upon a professional engineering certification which states that the structure's construction will cause the tower to crumble inward so that in the event of collapse no damage to structures on adjacent zoning lots will result.