This subchapter establishes lot and structure requirements and design/operational standards for specific, potentially troublesome structures and uses. These regulations apply in every zoning district where the specific structure or use is permitted or allowed by special-use permit; but if more stringent regulations are applicable in any particular district, such regulations shall prevail.

(Ord. No. 1712, § 2, 2-16-21)

(A)

Farm Animals. No barn, stable, shed, or other structure intended to shelter farm animals shall be erected closer than 300 feet to any existing neighboring dwelling or closer than 200 feet to any lot line of residential property, whichever distance is greater. Similarly, fences shall be erected or other means shall be taken to prevent farm animals from approaching closer than 300 feet to any existing dwelling or closer than 200 feet to any lot line or residential property, whichever distance is greater.

(B)

Farm Equipment/Commodities. No agricultural equipment or commodities (including, but not limited to, baled crops, fertilizer, pesticides/herbicides) shall be stored outdoors closer than 300 feet to any existing dwelling or closer than 200 feet to any lot line of residential property, whichever distance is greater. If said equipment/commodities are stored within a completely enclosed structure, said structure shall be located at least 100 feet from any lot line of residential property.

(C)

Barbed Wire/Electrical Fences. See Section 40-17-3.

(Ord. No. 1712, § 2, 2-16-21)

Cross reference— Penalty, see Section 40-25-1.

(A)

No barbed wire or electrically-charged fence shall be erected or maintained anywhere in the Village, except in the Agricultural District and shall not be erected closer than 300 feet to any existing neighboring dwelling or closer than 200 feet to any lot line of residential property, whichever distance is greater.

(B)

No fence, wall, landscaping, hedges, or other obstruction shall be erected within any public right-of-way. For utility easement, See Illinois State Statute.

(C)

No fence, wall, or other obstruction shall be erected in violation of the Illinois Drainage Code, 70 ILCS 605/2-1 through 605/2-12, as amended from time to time.

(D)

Structures, fences, walls, and hedges in any district may be located on lot lines, provided such structures, fences, walls and hedges exceeding six feet in height shall be subject to the minimum yard requirements of the district in which such fences are located.

(E)

Every fence, wall or other obstruction shall conform to the special height restrictions applicable in areas near intersections.

(Ord. No. 1712, § 2, 2-16-21)

Cross reference— Penalty, see Section 40-25-1.

(A)

Limitations on Use. A home occupation shall be considered a special-use in any residential district, provided the home occupation is subject to the following limitations.

(1)

The use shall be conducted entirely within a dwelling or permitted accessory building and carried on by the inhabitants living there and only one other person.

(2)

The use shall be clearly incidental and secondary to the use of the dwelling and dwelling purposes and shall not change the character of use as a dwelling.

(3)

The total area used for the home occupation shall not exceed one-half the floor area of the user's living unit.

(4)

There shall be no exterior advertising other than identification of the home occupation by a sign which shall be attached to the dwelling or the accessory building and shall not exceed two square feet in area and which shall not be illuminated.

(5)

There shall be no exterior storage on the premises of material or equipment used as a part of the home occupation.

(6)

There shall be no offensive noise nor shall there be vibrations, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

(7)

There shall be no storage or use of toxic, explosive or other dangerous or hazardous materials upon the premises.

(8)

A home occupation, including studios or rooms for instruction, shall provide an off-street parking area adequate to accommodate needs created by the home occupation.

(9)

The use must be in conformance with all valid covenants and agreements recorded with the County Recorder of Deeds, covering the land underlying the dwelling.

(10)

A home occupation permit may be issued for any use allowed by the Zoning Code, providing all other criteria for issuance of a home occupation permit are met. No home occupation permit shall be issued for any other use.

(B)

Permit Required. A home occupation shall not be permitted without a special-use permit being granted by the Combined Planning and Zoning Board, which shall determine whether or not the proposed home occupation complies with all applicable laws and ordinances.

(1)

The applicant for a home occupation permit shall be responsible for providing a list of surrounding landowners and tenants.

(2)

A hearing upon the application shall be held in accordance with the rules and regulations of the Combined Planning and Zoning Board.

(C)

Activities Not Covered. No home occupation permit shall be required for activities such as telecommuting, involving no outside sign, little or no increase in traffic, and with only occasional visits by members of the public to the home. As used in this Section, "telecommuting" means working in the home making use of the internet, email, and the telephone.

(D)

Parking. See Section 40-15-13.

(E)

Signs. See Section 40-16-10.

(Ord. No. 1712, § 2, 2-16-21)

Cross reference— Penalty, see Section 40-25-1.

(A)

No part of any junk yard, which includes any lot on which three or more inoperable vehicles are stored, shall be located closer than 500 feet to the boundary of any residential district.

(B)

All vehicles, parts, and equipment shall be stored within a completely enclosed structure or within an area screened by a wall, solid fence, or closely-planted shrubbery at least ten feet high and of sufficient density to block the view from adjacent property.

(Ord. No. 1712, § 2, 2-16-21)

Cross reference— Penalty, see Section 40-25-1.

(A)

The lot on which any long term care facility is situated shall have a minimum width and depth of 200 feet and a minimum area of two acres.

(B)

The principal building of any long term care facility shall be located at least 25 feet from all lot lines.

(Ord. No. 1712, § 2, 2-16-21)

Cross reference— Penalty, see Section 40-25-1.

The regulations of this Section do not apply to travel trailers or other recreational vehicles parked in a permitted travel trailer park that conforms to the pertinent requirements of the Mobile or Manufactured Housing Code. The requirements of divisions (A), (C) and (D) do not apply to travel trailers or other recreational vehicles parked on a permitted recreational vehicles sales lot.

(A)

Not more than two travel trailers or recreational vehicles shall be parked on any lot. They shall not be parked on a street.

(B)

No travel trailer or other recreational vehicle shall be used as a dwelling.

(C)

No travel trailer or other recreational vehicle shall be used as an office or for any other commercial purpose.

(D)

Travel trailers or recreational vehicles shall be required to have setbacks as required for accessory buildings.

(E)

No travel trailer or other recreational vehicle shall be parked on any front yard.

(F)

No unlicensed mobile or manufactured home may be located in a travel trailer or recreational vehicle park.

(Ord. No. 1712, § 2, 2-16-21)

Cross reference— Penalty, see Section 40-25-1.

(A)

All gasoline pumps and other service facilities shall be located at least 25 feet from any street right-of-way line, side lot line, or rear lot line.

(B)

Every access way shall be located at least 200 feet from the principal building of any fire station, school, public library, church, park or playground and at least 30 feet from any intersection of public streets.

(C)

Every device for dispensing or selling milk, ice, soft drinks, snacks, and similar products shall be located within or adjacent to the principal building.

(D)

All trash receptacles, except minor receptacles adjacent to the gasoline pumps, shall be screened from view.

(E)

Whenever the use of a service station has been discontinued for 12 consecutive months or for 18 months during any three year period, the Zoning Administrator shall order that all underground storage tanks be removed or filled with material approved by the Fire Chief.

(F)

A permanent curb of at least four inches in height shall be provided between the public sidewalk and the gasoline pump island, parallel to and extending the complete length of the pump island.

(Ord. No. 1712, § 2, 2-16-21)

Cross reference— Penalty, see Section 40-25-1.

(A)

No private swimming pool shall be located in any front yard or closer than ten feet to any side or rear lot line.

(B)

Every swimming pool that is more than two feet deep shall be enclosed by a wall or fence at least four feet in height. The passage through such wall or fence shall be equipped with a gate.

(C)

All lights used to illuminate any swimming pool shall be arranged or shielded so as to confine direct light rays within the lot lines to the greatest extent possible.

(D)

No portion of the pool, pool deck or equipment associated with the pool shall be placed in an easement.

(E)

An 18-foot overhead electrical wire clearance must be maintained from the nearest point of the pool to the power line. All electrical wiring must conform and be maintained to meet all present village electrical codes.

(F)

Pools shall not be filled until all safety requirements and regulations of the latest adopted building code are met.

(G)

Removeable or locking ladders are not acceptable means of safely enclosing a pool.

(Ord. No. 1712, § 2, 2-16-21)

Cross reference— Penalty, see Section 40-25-1.

Every electrical substation, gas regulator station, telephone exchange facility, private sewage treatment plant, private water storage facility, or similar facility shall be deemed a special use and shall conform to the following regulations:

(A)

Every lot on which any such facility is situated shall meet the minimum area and dimensions requirements of the district in which it is located. Every part of any such facility shall be located at least 25 feet from all lot lines or shall meet the district setback requirements, whichever is greater.

(B)

In any residential district, every such facility shall be designed, constructed, and operated so that it is compatible with the residential character of the area.

(C)

Screening at least ten feet in height and of sufficient density to block the view from adjacent property shall be installed around every such facility. Furthermore, if the Zoning Administrator determines that the facility poses a safety hazard (for example, if there are transformers exposed), they shall require that a secure fence at least ten feet in height be installed behind the planting screen.

(Ord. No. 1712, § 2, 2-16-21)

Cross reference— Penalty, see Section 40-25-1.

Any light used for the illumination of signs, parking areas, swimming pools, or for any other purpose shall be arranged in such a manner as to direct the light away from neighboring residential properties and away from the vision of passing motorists.

(Ord. No. 1712, § 2, 2-16-21)

Cross reference— Penalty, see Section 40-25-1.

Any individual, partnership, company, or other entity, during the construction of any development, building or other structure that disturbs the soil surface, shall utilize adequate erosion controls to prevent sediment, dirt, silt, construction materials or other matter from being discharged from the construction site. Provisions shall be made to effectively accommodate any increased water runoff, snow drifting or erosion caused by changed soil and surface conditions during and after construction.

(Ord. No. 1029; 03-18-02; Ord. No. 1712, § 2, 2-16-21)

Any building, as defined in the Building Code, which is located abutting the B-2 Zoning District Right-of-Way shall have exterior finished walls and architectural design in accordance with the requirements of this Section.

(A)

Construction Materials and Exterior.

(1)

Any exterior wall facing the B-2 Zoning District and adjacent streets shall consist of only masonry materials on their exterior face.

(2)

Materials allowed include brick, stone and architectural concrete units, excluding smooth-faced block except when used as an accent, synthetic or cast stone, glass, metal for detailing, copper, slate and Exterior Insulation and Finishing Systems (EIFS). All concrete masonry units shall be integrally colored.

(a)

Visible exterior construction materials specifically not allowed are: Plaster stucco; Synthetic materials (i.e., vinyl siding, vinyl wrapped details, vinyl gutters and downspouts); Plastics; Corrugated metal and steel or aluminum siding; Unfinished concrete; Wood shingles; Rough sawn or treated lumber.

(3)

Other materials may be allowed upon review by the Combined Planning and Zoning Board.

(4)

At the discretion of the Zoning Administrator, materials listed above may be required if the building does not sit directly parallel to the B-2 Zoning District.

Exceptions:

(1)

Accessory buildings if otherwise permitted by Ordinance and approved by the Zoning Administrator;

(2)

Buildings specifically exempt from such requirement under provisions of a variance as granted by the Combined Planning and Zoning Board;

(3)

Any buildings legally existing on or for which building permits have been legally issued prior to the effective date of this Ordinance;

(4)

Any reconstruction, alterations or expansion of buildings legally existing on the effective date of this Ordinance if reviewed by the Combined Planning and Zoning Board and approved by the Village Board.

(Ord. No. 1396; 07-18-11; Ord. No. 1712, § 2, 2-16-21; Ord. No. 1758, 12-19-22)

In all districts in which bed and breakfast inns or bed and breakfast homes are approved, the following standards shall apply:

(A)

License Required; Application: An annual license shall be required to operate and maintain a bed and breakfast establishment within the jurisdiction of the Village. Application for such license shall be submitted to the Zoning Administrator.

(B)

License Term and Fees: Licenses shall be issued for one year and shall expire at 12:00 midnight December 31 of each year. Yearly license fees shall be as follows:

1.

Bed and breakfast homes: $100.00

2.

Bed and breakfast inn: $100.00

(C)

Other Required Permits and Licenses: Required Permits and Licenses: It shall be unlawful for any person to operate a bed and breakfast establishment without first receiving:

1.

A special use permit when required, from the Combined Planning and Zoning Board.

2.

An occupancy permit, including maximum occupancy, from the village and the fire chief.

3.

The appropriate food service license from the St. Clair County health department.

(D)

Documents Required for Approval:

1.

A floor plan of the bed and breakfast shall be submitted to the village and the fire chief prior to issuance of an occupancy permit.

2.

All plans and documentation by the health department regulations for review of food service application and issuance of a food service license.

3.

Plans for all remodeling to the building and zoning office through the standard village building permit policy.

4.

A statement of operating policies and methods including, but not limited to:

a.

Maximum number of guests at any one time.

b.

Period of operation.

c.

If breakfast will be served and what type (continental, traditional or none).

d.

Number of parking spaces and location, including a plan of layout and location of all parking spaces.

e.

Name, address and phone number of the operator/owner of the property.

(E)

Location: Bed and breakfast establishments shall be located as allowed by the principle and accessory uses table of this code.

(F)

Sanitary Conditions:

1.

All food service within bed and breakfast establishments shall conform to the St. Clair County sanitation ordinances and be properly licensed by the St. Clair County health department.

(G)

Compliance with Applicable Laws, Codes and Ordinances: The following laws, codes and ordinances having effect on bed and breakfast establishments shall apply:

1.

Village unified development code.

2.

Village Adopted Building Codes.

3.

Village property maintenance code.

4.

Village Zoning Code.

5.

St. Clair County food sanitation ordinance.

6.

Illinois state plumbing code.

7.

All other applicable federal, state and local laws, codes and standards.

(H)

Register Kept: A register of all guests must be kept. The register shall include the guest name, home address, vehicle make and license number and the length of stay of the guest.

(J)

Revocation of License; Reinstatement: Any licensee under the provisions of this chapter shall be subject to revocation of his license upon conviction of violations of this chapter one time in any 12-month period. The license shall be reinstated only by applying for a new license under the terms of this chapter and compliance with laws, ordinances and codes or standards.

(K)

Violations; Penalties:

1.

Any person in violation of terms of this chapter shall be guilty of a petty offense and, upon conviction thereof, shall be subject to a fine of not less than $100.00 nor more than $750.00 at the discretion of the village. Each day a violation occurs or continues is considered a separate offense.

(Ord. No. 1712, § 2, 2-16-21)

Cross reference— Penalty, see 40-25-1.

State Law reference— (50 ILCS 820.)

The existing B-1 Zoning District in and around the Village Square Park is predominantly made up of older existing buildings. In accordance with the Village's Comprehensive Plan, this district seeks to encourage new mixed-use development with commercial services, retail facilities, and residential uses that complement each other and attract customers from outside the district, while supporting existing historic community businesses and heritage uses.

The following standards shall apply:

(A)

Residential units:

(1)

All units shall be fully self-contained. No unit shall share bath or kitchen facilities.

(2)

Residential parking shall be required on site. Visitors shall be allowed to park on the street. See 40-15-13.

(B)

Commercial Space:

(1)

Commercial space must make up at least 51% of the total floor area on the ground level in the front of the building facing the road right-of-way.

(2)

Commercial space must have direct access to the main right-of-way frontage.

(3)

Employee parking shall be required on site. Visitors and customers shall be allowed to park on the street. See 40-15-13.

(4)

A sound mitigating and sight-proof wall or fence six feet in height shall be required in areas where the district abuts a residential zoning district and is not separated by right-of-way.

(C)

A building or premises shall be used only for the permitted purposes and, except for motor vehicle off-street parking and loading facilities, all activities relating to any such use shall be conducted wholly within an enclosed building. Outdoor areas with limited seating shall be allowed provided it does not encroach on sidewalks, the right-of-way, or interfere with adjoining businesses or properties.

(D)

All applicable adopted building codes and village ordinances apply.

(Ord. No. 1722, 10-18-21)