This Chapter shall be known as and cited as "The Zoning Code of the Village of Freeburg, Illinois."

(Ord. No. 1712, § 2, 2-16-21)

(A)

In accordance with state law, this Chapter regulates lots, structures and uses in order to preserve, protect and promote the public health, safety and welfare.

(B)

More specifically, this Chapter is intended to assist in achieving the following objectives:

(1)

To encourage the development of buildings and uses on appropriate sites in order to maximize community-wide social and economic benefits while accommodating the particular needs of all residents and to discourage development on inappropriate sites;

(2)

To assist in implementing the Village Comprehensive Plan;

(3)

To protect and enhance the character and stability of sound existing residential, commercial and industrial areas and to gradually eliminate nonconforming uses and structures;

(4)

To conserve and increase the value of taxable property throughout the Village;

(5)

To ensure the provision of adequate light, air and privacy for the occupants of all buildings;

(6)

To protect persons and property from damage caused by fire, flooding and improper sewage disposal;

(7)

To provide adequate and well designed parking and loading space for all buildings and uses and to reduce vehicular congestion on the public streets and highways;

(8)

To ensure the proper design and improvement of manufactured home parks;

(9)

To promote the use of well maintained signs which are safe, aesthetically pleasing, compatible with their surroundings and legible in the circumstances in which they are seen; and

(10)

To provide for the efficient administration and fair enforcement of all the substantive regulations in this chapter.

(Ord. No. 1712, § 2, 2-16-21)

State Law reference— (65 ILCS 5/11-13-1.)

This Chapter shall be applicable only within the corporate limits of the Village.

(Ord. No. 1712, § 2, 2-16-21)

(A)

Every provision of this Chapter shall be construed liberally in favor of the Village, and every requirement imposed herein shall be deemed minimal. Whenever the requirements of this Chapter differ from the requirements of any other lawfully adopted and effective ordinance, regulation, deed restriction or covenant, the more stringent requirement shall prevail.

(B)

Adopted Building Codes. (See Chapter 6 of Village of Freeburg Code of Ordinances)

(Ord. No. 1712, § 2, 2-16-21)

(A)

Except as may be provided otherwise by statute or ordinance, no official, board member, agent or employee of the village shall render them personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of their duties under this Chapter. (See "Local Governmental and Governmental Employees Tort Immunity Act," 745 ILCS 10/1-101 et seq.)

(B)

Any suit brought against any official, board member, agent or employee of the Village as a result of any act required or permitted in the discharge of their duties under this Chapter shall be defended by the Village Attorney until the final determination of the legal proceedings.

(Ord. No. 1712, § 2, 2-16-21)

If any provision of this Code is declared unconstitutional or invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remainder of this Code.

(Ord. No. 1712, § 2, 2-16-21)

This Chapter shall be reviewed every five years after its effective date by the Combined Planning and Zoning Board. After the review, it shall file its report and recommendations with the Mayor and the Village Board.

(Ord. No. 1712, § 2, 2-16-21)

In construing the intended meaning of terminology used in this Chapter, the following rules shall be observed:

(A)

Words and phrases shall have the meanings respectively ascribed to them in Section 40-1-9 unless the context clearly indicates otherwise; terms not defined in Section 40-1-9 shall have their standard English dictionary meanings.

(B)

Words denoting the masculine gender shall be deemed to include all genders.

(C)

Words used in the present tense shall include the future tense.

(D)

Words used in the singular number shall include the plural number, and the plural shall include the singular.

(E)

The term "shall" is mandatory; the term "may" is discretionary.

(F)

All distances shall be measured to the nearest integral foot; six inches or more shall be deemed one foot.

(G)

References to sections shall be deemed to include all subsections within that section; but a reference to a particular subsection designates only that subsection.

(H)

A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited.

(Ord. No. 1712, § 2, 2-16-21)

For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Abutting. Having a common lot line or district line. (Synonym for "adjacent" or "adjoining.")

Access way. A curb cut, ramp, driveway or other means for providing vehicular access to an off-street parking or loading area.

Accessory use. Any structure or use that is:

(1)

Subordinate in size or purpose to the principal structure or use which it serves;

(2)

Necessary or contributing to the comfort and convenience of the occupants of the principal structure or use served; and

(3)

Located on the same lot as the principal structure or use served.

Administrator. The official appointed by the Mayor, with the advice and consent of the Board of Trustees, or their representative, to administer this chapter. (Synonymous with "Zoning Administrator" or "Zoning Official.")

Agriculture. Any one or any combination of the following: the growing of farm or truck garden crops, dairying, pasturage, horticulture, floriculture or animal/poultry husbandry. The term encompasses the farmhouse and accessory uses and structures customarily incidental to agricultural activities.

Aisle. A vehicular traffic-way within an off-street parking area used as a means of access/egress from parking spaces.

Alley. A public right-of-way which affords a secondary means of vehicular access to abutting premises that front on a nearby street.

Alter. To change the size, shape or use of a structure, or the moving from one location to another.

Amendment. A change in the provisions of this Chapter (including the District Map), properly effected in accordance with state law and the procedures set forth herein.

Anchor. Any approved device to which a mobile home is tied down to keep it firmly attached to the stand on which it is placed.

Approved. Acceptable to the appropriate governmental agency.

Attached. As applied to buildings, means having a common wall and/or a common roof.

Basement. A story having more than half of its height below the average level of the adjoining ground.

Bituminous concrete. A mixture of petroleum by-products and gravel used for paving to form a smooth, permanent surface. It does not mean "oil and chip."

Block. An area of land entirely bounded by streets, highways, barriers or ways (except alleys, pedestrian ways or exterior boundaries of a subdivision unless the exterior boundary is a street, highway or way), or bounded by a combination of streets, public parks, cemeteries, railroad rights-of-way, waterways or corporate boundary lines.

Board of Appeals. See Combined Planning and Zoning Board.

Buffer strip. An area of land undeveloped except for landscaping fences and the like used to protect a use situated on one lot from the deleterious effects of the use on the adjacent lot.

Building. Any covered structure permanently affixed to land and designed or used to shelter persons or chattels.

Building Code. A set of rules that specify the standards for constructed objects such as buildings and non-building structures. The main purpose of building codes are to protect public health, safety, and general welfare as they relate to the construction and occupancy of buildings and structures.

Building or structure height. The vertical distance measured from the average grade at the front wall of a building to the highest point of the roof.

Building line. The line nearest the front of and across a lot, delineating the minimum open space required between the front of a structure and the front lot line.

Bulk. Any one or any combination of the following structural or site design characteristics:

(1)

Size or height of structure;

(2)

Location of exterior walls at all levels in relation to lot lines, streets, or other structures;

(3)

Lot area;

(4)

Yards or setbacks.

Centerline.

(1)

The centerline of any right-of-way having a uniform width;

(2)

The original centerline where a right-of-way has been widened irregularly;

(3)

The new centerline, whenever a road has been relocated.

Certificate of zoning compliance, final. A permit issued by the Zoning Administrator indicating that a lot or newly completed structure or use complied with all pertinent requirements of this Chapter and therefore, may be occupied or used.

Certificate of zoning compliance, initial. A permit issued by the Zoning Administrator indicating a proposed lot, structure or use is in conformity with the requirements of this Chapter.

Comprehensive Plan. The plan or any portion thereof adopted by the Village for the coordinated physical development including among other things plans and programs regarding the location, character and extent of highways, transportation routes, bridges, public buildings or uses, utilities, schools, residential, commercial or industrial land uses, parks, forests, dams, drainage facilities and projects affecting the conservation of natural resources of the Village.

Conforming. In compliance with the applicable provisions of this Chapter.

Corrective action order. A legally binding order issued by the Zoning Administrator in accordance with the procedures set forth herein to effect compliance with this Chapter.

Detached. As applied to buildings, means surrounded by yards on the same lot as the building.

Develop. To erect any structure or to install any improvements on a tract of land or to undertake any activity (such as grading) in preparation therefore.

Dimensions. A measurable extent of some kind, such as length, breadth, depth, or height.

Disability. A physical or mental impairment which substantially limits one or more of a person's major life activities, impairs their ability to live independently, or a record of having such an impairment, or being regarded as having such an impairment. Individuals who pose a danger to others or to property are not regarded as people with disabilities. (Ord. No. 1187; 09-19-05)

District, zoning. A portion of the territory of the Village wherein certain uniform requirements or various combinations thereof apply to structures, lots and uses under the terms of this Chapter.

Driveway. A minor way commonly providing vehicular access to a garage or off-street parking area.

Dwelling. A building or portion thereof designed or used primarily as living quarters for one or more families, but not including hotels, motels or other accommodations for the transient public.

Easement. A legal right to use another person's real property for certain limited purposes.

Enclosed. As applied to a building, means covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior walls or by common walls, with openings only for windows and doors.

Enlarge. To increase the size (floor area, height and the like) of an existing principal structure or accessory use or to devote more land to an existing use.

Erect. To build or construct.

Establishment. Either of the following:

(1)

An institutional, business, commercial or industrial activity that is the sole occupant of one or more buildings; or

(2)

An institutional, business, commercial, or industrial activity that occupies a portion of a building such that:

(a)

The activity is a logical and separate entity from the other activities within the building and not a department of the whole; and

(b)

The activity has either a separate entrance from the exterior of the building or a separate entrance from a common and clearly defined entry way that has direct access to the exterior of the building.

Existing. Actually constructed or in operation on the effective date of this Chapter.

Family.

(1)

A single individual doing their own cooking and living upon the premises as a separate dwelling or housekeeping unit;

(2)

A collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, adoption or employment as domestic servants; or

(3)

A group of not more than eight unrelated persons doing their own cooking and living together on the premises as a separate housekeeping unit pursuant to a mutual housekeeping agreement (not including a group occupying a boarding or rooming house, club, fraternity, or hotel). (Ord. No. 1187; 09-19-05)

Floor area, gross. The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center of the common walls of attached buildings. "Gross floor area" includes basement floors, attic floor space, halls, closets, stairwells, space devoted to mechanical equipment, and enclosed porches.

Frontage. The lineal extent of the lot abutting a street or public roadway, or the lineal extent of the lot abutting a public parking area if the lot has no street frontage.

Garage, private. A garage for four or less passenger motor vehicles without provision for repairing or servicing such vehicle(s) for profit.

Hereafter. Any time after the effective date of this Chapter.

Intersection. The point at which two or more public rights-of-way (generally streets and alleys) meet.

Limousine. Any privately owned vehicle intended to be used for the transportation of persons for-hire when the payment is not based on a meter charge, but is prearranged for a designated destination(s).

Loading space. An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.

Lot. A tract of land intended as a unit for the purpose (whether immediate or future) of transfer of ownership or development. A lot may or may not coincide with a "lot of record."

Lot, corner. A lot having at least two adjacent sides that abut for their full length upon streets. Both such side lines shall be deemed front lot lines.

Lot, through. A lot having a pair of approximately parallel lot lines that abut two approximately parallel streets.

Lot area. The area of a horizontal plane bounded by the front, side, and rear lines of a lot.

Lot coverage. The portion of a lot that is occupied by buildings or structures, including accessory buildings or structures.

Lot depth. The average horizontal distance between the front lot line and the rear lot line of a lot.

Lot line, front. The lot line abutting the street.

Lot line, rear. An interior lot line which is most distant from and most nearly parallel to the front lot line.

Lot line, side. Any lot line other than front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. (A side lot line separating a lot from another lot or lots is called an interior side lot line.)

Lot of record. An area of land designated as a lot on a plat of subdivision recorded with the County Recorder of Deeds in accordance with state law.

Lot size requirements. The lot area, width and depth requirements of the applicable district.

Lot width. The mean horizontal width of a lot measured at right angles to the side lot lines at the building line.

Maintenance. The routine upkeep of a structure, premises or equipment including the replacement or modification of structural components to the extent necessary to keep said structure in sound condition.

Manufactured home, immobilized. Any manufactured home resting on a permanent foundation with wheels, tongue, and hitch permanently removed. The Village Board establishes the following criteria to complete the immobilization of a manufactured home:

(1)

The foundation shall extend into the ground below the frost line so as to attach and become a part of the real estate. Materials such as concrete, mortared concrete block, or mortared brick extending into the ground below the frost line shall satisfy the requirement for a permanent foundation.

(2)

As an alternative to subsection (1) above, piers may be used, extending into the ground below the frost line and sufficient in number to properly support the manufactured home.

(3)

To complete the immobilization, wheels, tongue, and hitch must be removed. Axles may be removed.

Manufactured home park. A parcel of not less than two acres in area in single ownership/control, developed with facilities for accommodating occupied manufactured homes in accordance with the requirements of this Chapter and Chapter 23 of this Code of Ordinances.

Manufactured home space. A portion of a manufactured home park designed and improved for the placement of one manufactured home and the private use of the occupants thereof. (See Chapter 23)

Manufactured home stand. The part of a manufactured home space beneath the manufactured home that includes the concrete slab on which the home is placed and to which it is anchored.

Manufacturing. An economic activity involving the mechanical or chemical transformation of materials or substances into new products including the assembly of component parts, the manufacturing of products and the blending of materials such as lubricating oils, plastics, resins, or liquors, at a scale and intensity that is compatible with the surrounding uses and the intent of the village's industrial districts.

Nonconforming. As applied to a lot, structure or use, means:

(1)

Lawfully existing on the effective date of this Chapter, but

(2)

Not in compliance with the applicable provisions thereof.

Nuisance. Any thing, condition, or conduct that endangers health or unreasonably offends the senses or obstructs the free use of property or essentially interferes with the comfortable enjoyment of life or property.

Official map. The portion of the master plan which designates land necessary for public facilities or uses. It shall include streets, alleys, public ways, parks, playgrounds, school sites and other public grounds and ways for public service facilities within the whole area included within the official comprehensive plan. It can be one or more separate geographical or functional parts or include all or any part of the contiguous, unincorporated area under the planning jurisdiction of the Village.

Overlay district. A zoning district superimposed over one or more standard (primary) zoning districts or portions thereof for the purpose of controlling developmental problems caused by such factors as steep slopes, wet soils, flooding, and the like.

Parking area/lot, off-street. Land that is improved in accordance with this Chapter and used primarily for the storage of passenger motor vehicles, free of charge or for compensation. An off-street parking lot, depending on the circumstances of its use, may be either a principal use or an accessory use.

Parking lot, commercial. Land that is improved in accordance with this Code and shall be limited to automobiles and trucks one ton and under.

Parking space, off-street. An area at least 20 feet long and ten feet wide within an off-street parking area or garage, used for the storage of one passenger motor vehicle.

Permitted use. Any use which is or may be lawfully established in a particular district(s), provided it conforms with all the requirements applicable to such district(s).

Person. Any individual, firm, association, organization, or corporate body.

Planned Development Project. A residential or commercial development on a parcel of land in single ownership and consisting of two or more buildings having any yard, court, parking or loading space in common.

Premises. A lot and all the structures and uses thereon.

Principal building/structure/use. The main structure erected on or the main use occupying a lot, as distinguished from an accessory (subordinate) structure or use.

Property Line. See "lot line."

Public Buildings. Any building owned, operated, constructed or maintained at the expense of the public or a building which provides a service or function necessary for the general health, welfare, and convenience of the public.

Public open space. Any publicly owned open area, including, but not limited to the following: parks, playgrounds, forest preserves, beaches, waterways, parkways, and streets.

Public utilities. Utilities which are either government-owned or owned by an established firm serving a wide geographical area and/or a substantial number of persons.

Reconstruct as applied to nonconforming structures, means to rebuild after damage or destruction.

Recreational vehicle. A vehicle which can be towed, hauled or driven and is primarily designed as temporary living accommodations for recreational, camping or travel use, or for other recreational transportation, including, but not limited to, travel trailers, truck campers, camping trailers, self-propelled motor homes, boats, snowmobiles, and utility trailers.

Refuse. Garbage (food wastes) and trash, but not sewage or industrial wastes.

Relocate. To move to another portion of a lot or to a different lot.

Repair. To restore to sound condition, but not to reconstruct.

Restrictive. Tending to keep within prescribed limits.

Retail. Refers to the sale of goods or services directly to the consumer rather than to another business.

Right-of-way, public. A strip of land which the owner/subdivider has dedicated to the Village or to another unit of government for streets and alleys.

Screening. Trees, shrubs, walls, solid fences, and the like used as a means of view and noise control.

Semi-finished materials. Materials which have been sufficiently processed at heavy industrial facilities so that they are no longer in their raw state, but are readily usable by light industry for assembly or manufacture into consumer goods.

Setback line. The horizontal distance from the lot line in question to the side of the structure facing that lot line or to the edge of the area of operation of the principal use (in the case of a use which does not involve a structure).

Sewage treatment plant, private. Any properly constructed disposal system intended for the treatment of wastewaters from more than one residence and/or building unit.

Skirting. The covering affixed to the bottom of the exterior walls of a Manufactured home to conceal the underside thereof.

Special use. A use that has unusual operational, physical, or other characteristics which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district.

Special uses commonly must meet special standards not necessarily applicable to permitted uses in the district and are allowed only by permit.

Special-use permit. A permit issued in accordance with the provisions of this Chapter to regulate development of a special use.

Stop order. A type of corrective action order used by the Zoning Administrator to halt work in progress that is in violation of this Chapter.

Street. A public or private way for motor vehicle travel. The term street includes a highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court, and similar designations, but excludes an alley or a way for pedestrian use only.

Street, private. Any street providing access to abutting property that is not dedicated to and maintained by the Village or other public entity.

Stringent. Binding and/or exacting.

Structure. Anything constructed or erected on the ground, or attached to something having a fixed location on the ground. All buildings are structures, but not all structures are buildings.

Structure, temporary. Any structure which is erected to fill a temporary need, lasting for hours or days. Temporary structures are any structure or vehicle which is designed to be easily transported or dismantled including, but not limited to, storage containers, dumpsters, PODS, carports, and tents.

Topography. The relief features or surface configuration of an area.

Use. The purpose or activity for which the land or a structure thereon is designed, arranged, intended, occupied, or maintained.

Use variance. A type of amendment (not a variance) that allows a use in a district where said use would not be allowed under existing provisions of this Chapter.

Utilities (public). Any person, firm, corporation or municipal department duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, cable television, radio, cellular communications, transportation, water or sewer.

Utility substation. A secondary utility facility such as an electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, and the like.

Vacant. As applied to a lot, means that no structure is situated thereon.

Variance. A relaxation of the strict application of the lot size, setbacks, or other bulk requirements applicable to a particular lot or structure.

Village. Either the territory or the local government of the Village.

Wholesale. Refers to the sale of goods or services by one business to another business.

Yard. The minimum required open space that is unobstructed, except as specifically permitted in this Chapter and that is located on the same lot as the principal building.

Yard, front. The yard which is bounded by the side lot lines, front lot line, and the building line.

Yard, rear. The yard which is bounded by side lot lines, rear lot line and rear yard lines.

Yard, side. The yard which is bounded by the rear yard line, front yard line, side yard line, and side lot line.

Zoning Administrator, Zoning Official or Zoning Officer. The Zoning Administrator of the Village or their authorized representative.

Zoning Map. The map(s) and any amendments thereto designating zoning districts and incorporated into this Chapter by reference.

(Am. Ord. 929, passed 12-21-98; Ord. No. 1712, § 2, 2-16-21)