In order to implement the regulatory scheme of this Chapter so as to achieve the objectives enumerated in Section 40-1-2, the entire Village is divided into the following Zoning Districts:

(Ord. No. 1271, 11-19-07; Ord. No. 1712, § 2, 2-16-21)

The boundaries of the listed zoning districts are established as shown on the Official Zoning Map of the Village. This map, including all notations and other information thereof, is made a part of this Chapter by reference. The Official Zoning Map shall be kept on file in the Zoning Administrator's office.

(Ord. No. 1712, § 2, 2-16-21)

In accordance with state law, if any annexations or changes are made in the zoning districts or regulations during a calendar year, the Zoning Administrator shall publish the revised official zoning map of the Village not later than March 31 of the following year.

(Ord. No. 1712, § 2, 2-16-21)

State Law reference— (65 ILCS 5/11-13-19.)

In determining with precision what territory is actually included within any zoning district, the Zoning Administrator shall apply the following rules:

(A)

Where a district boundary as indicated on the zoning map approximately follows any of the features listed below on the left, the corresponding feature on the right shall be deemed the district boundary:

(1)

Center line of any street, alley, or highway       such center line

(2)

Lot line such       lot line

(3)

Railroad tracks       right-of-way line of such tracks

(4)

Stream       center of such stream

(5)

Section, fraction or survey lines       such lines.

(B)

Whenever any street, alley, or other public way is legally vacated, the zoning districts adjoining each side of such vacated public way shall automatically extend to the center of such way, and all territory included in the vacated way shall thereafter be subject to all regulations of the extended districts.

(Ord. No. 1712, § 2, 2-16-21)

Any territory hereafter annexed to the Village shall automatically be in the SR-1, Single-Family Residence District until duly changed by an amendment to this Code; except that the Village Board of Trustees, with the advice of the Combined Planning and Zoning Board, may annex any territory as any other zoning district or districts herein established if all legal requirements for zoning the property at the time of the annexation and the requirements for amending this Code by the extension of the zoning district provisions are met.

(Ord. No. 1712, § 2, 2-16-21)

Hereafter, it shall be unlawful to do the following within the Village, except in conformity with the provisions of this Chapter:

(A)

Erect, use, occupy, enlarge, alter, relocate, or reconstruct any structure or part thereof;

(B)

To create any lot; or

(C)

To use, occupy, or develop any lot or part thereof.

(Ord. No. 1712, § 2, 2-16-21)

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

Whenever any use is not specifically listed as "permitted" or "special" within a particular zoning district, such use shall be deemed prohibited in that district. However, if the Board of Trustees, following consultation with the Zoning Administrator and the Combined Planning and Zoning Board, finds that the unlisted use is similar to and compatible with the listed uses, they may allow such use by amending this Chapter in accordance with Section 40-23-1. The decision of the Board of Trustees shall become a permanent public record, and any unlisted use that they approve shall hereafter have the same status as listed uses.

(Ord. No. 1712, § 2, 2-16-21)

Except as specifically provided otherwise:

(A)

Only one principal building or structure shall be permitted on any residential lot; and

(B)

No portion of any minimum area, minimum dimensions, or minimum yards required for any lot, structure, or use shall be counted to satisfy the minimum area, dimensions, or yards requirements for any other lot, structure or use.

(Ord. No. 1712, § 2, 2-16-21)

No building shall be erected on any lot unless such lot abuts or has permanent easement of access to a public street or private street.

(Ord. No. 1712, § 2, 2-16-21)

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

Every lot with multiple frontages (such as corner or through lots) shall meet the front setback requirements of the district in which it is located on every side having frontage.

(Ord. No. 1712, § 2, 2-16-21)

Except as specifically provided otherwise in the "B-1", Community Business District, and in all residential zoning districts where lots having 50 percent or more of the frontage on one side of a street between intersections (that is, in one block) are developed with buildings, and the front setbacks of those lots do not differ by more than ten feet, the minimum required front setback on that block shall be the average of the existing front setbacks, but no less than five feet, provided, however, that in any built-up area, no front setback greater than 50 feet shall be required.

(Ord. No. 1712, § 2, 2-16-21)

To the extent indicated below, the following features of principal buildings may intrude into required yards without thereby violating the standard district minimum setback requirements as long as a variance has not been previously granted and is maintained at least three feet from the lot line:

(Ord. No. 1712, § 2, 2-16-21)

(A)

Necessary Appurtenances. Chimneys, church spires, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas, or other necessary appurtenances commonly constructed above the roof line shall be permitted to exceed the maximum height limitations of the district in which they are located if they comply with all other pertinent ordinances of the Village.

(B)

Intersections. On corner lots, in the triangular portion of land bounded by intersecting street lines and a line joining these street lines at points 30 feet from the point of intersection and at ten feet from the point of the alley intersection, no obstruction, whether natural or manmade, shall intrude into the air space that is between two feet and ten feet above the level of the adjacent street.

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

(A)

In all districts, property owners of all buildings and places where people live, work, or assemble shall provide for the sanitary disposal of all sewage in accordance with the following requirements:

(1)

Whenever the public sanitary sewerage system is reasonably accessible (that is, when the distance from the property in question to the nearest public sewer with available capacity does not exceed 150 feet), all sewage shall be discharged into such system whether or not a private sewerage system already exists or is more convenient.

(2)

Whenever the public sanitary sewerage system is not reasonably accessible, a private sewerage system shall be installed and used. All private sewerage systems shall be designed, constructed, operated, and maintained in conformity with the following requirements:

(a)

Illinois Private Sewage Disposal Licensing Act, 225 ILCS 225/1 - 225/23, as amended from time to time;

(b)

Illinois Private Sewage Disposal Code No. 4.002, promulgated by the Director of the Illinois Department of Public Health, as amended from time to time;

(c)

Pertinent, current regulations issued by the Illinois Environmental Protection Agency; and

(d)

Applicable codes and relations of the Village, particularly the Subdivision Code.

(B)

The Zoning Administrator shall not issue any initial certificate of zoning compliance unless, following consultation with the County Health Department, and they are satisfied that these requirements will be met.

(Ord. No. 1712, § 2, 2-16-21)

(A)

Any accessory use shall be deemed permitted in a particular zoning district if such use:

(1)

Meets the definition of "accessory use" found in Section 40-1-9;

(2)

Is accessory to a principal structure or use that is allowed in a particular zoning district as a permitted or special use; and

(3)

Is in compliance with restrictions set forth in Section 40-2-16.

(4)

The principal structure must be constructed prior to constructing the accessory structure in any residential zoned area.

(B)

The appropriate building permit shall be obtained prior to the construction or placement of any accessory structure.

(C)

Accessory structures that are existing as of August 19, 2019 may remain as is. Structures not meeting the following requirements may not be expanded or replaced unless there is an existing foundation in place. In that case, the structure may be rebuilt on the existing foundation without any changes to the foot print of the structure.

(Ord. No. 1712, § 2, 2-16-21)

(A)

General Limitations.

(1)

A maximum of one accessory structure shall be allowed as an accessory use per one and two family dwelling excluding the agriculture district.

(2)

An accessory building shall require a building permit.

(B)

Height. No accessory structure shall be higher than 25 feet in any zoning district; however, there shall be no height limit on accessory structures related to agriculture.

(C)

Setbacks.

(1)

No accessory use in any residential zoning district shall be located between the front lot line(s) and the principal structure. All other setback requirements are established in the area-bulk schedule in Section 40-2-17.

(2)

Accessory structures shall be subject to the same setback requirements as the primary structure. The rear setback for garages and carports that are accessed from an alley shall be no less than three feet from the rear property line.

(3)

Accessory structures must be located at least ten feet from the primary structure.

(D)

Lot coverage. Accessory structures shall adhere to the appropriate lot coverage restrictions for that zoning district. In no event shall the combined total area of any and all accessory structures exceed 30 percent of the required rear yard coverage. In no case shall the total square footage of all accessory structures be greater in square footage than the footprint of the primary structure.

(E)

Materials.

(1)

The design, construction, building materials, and color of the accessory building shall be similar to or compatible with the design and construction of the primary structure.

(2)

All types of metal shall be prohibited as a primary build material for any accessory structures. However, "High rib" metal roofing panels shall be allowed as an acceptable roofing material. The following materials shall be strictly prohibited:

(a)

Prefabricated metal sheds excluding the agriculture (A) and moderate industrial (I-2) zoning districts;

(b)

Pole barns excluding the agriculture (A) and moderate industrial (I-2) zoning districts;

(c)

Railroad cars, shipping/moving containers, truck trailers, and other transitory type containers; and

(d)

Metal carports.

(F)

Use of Dwelling. Use of any accessory structure as a dwelling is strictly prohibited throughout the Village, in all zoning districts.

(G)

Temporary Structure. A temporary structure shall be permitted for no more than 14 consecutive days annually or otherwise so approved by the Zoning Administrator.

(Ord. No. 1712, § 2, 2-16-21)

To facilitate public understanding of this Code, the area-bulk regulation schedule is adopted and declared to be an integral part of this Code, and it may be amended in the same manner as any other part of this Code.

(Ord. No. 1712, § 2, 2-16-21)

Parabolic or dish-type antennas located outside of the business or residence shall meet the following requirements:

(A)

Maximum number per business lot or residence lot shall be one antenna. Businesses selling these dishes shall be allowed a maximum of three and only one of these shall be allowed in front of the building.

(B)

The parabolic or dish-type antenna shall be located in the rear yard, except that when the main building is on a corner lot, the parabolic or dish-type antenna cannot be closer to the adjoining side street than the main building is permitted to be located.

(C)

(1)

The parabolic or dish-type antenna shall be placed in the rear yard, except that if a usable satellite signal cannot be obtained from the rear yard, the antenna may be located on the side yard of the property, subject to the approval of the Zoning Administrator and subject to the other requirements of this Section.

(2)

In the event that a usable satellite signal cannot be obtained from the rear or side yard of the property, such antenna may be placed on the roof of a structure subject to the approval of the Zoning Administrator and subject to the other requirements of this Section.

(D)

Screening shall be as deemed necessary by the Zoning Administrator for commercial installations.

(E)

All parts of the parabolic or dish-type antenna structure must be a minimum of three feet from all property lines of the lot.

(F)

The parabolic or dish-type antenna shall be mounted on a steel pipe support embedded in a concrete foundation, and the parabolic or dish-type antenna, when turned perpendicular to the ground, together with the base, shall not extend more than 15 feet above the ground. In the event that a usable signal cannot be obtained at a height of 15 feet, then the pole may be raised to the minimum height necessary to obtain a clear signal for the installation. The main diameter of the parabolic or dish-type antenna shall not exceed 11 feet.

(G)

All petitions for a variance from the provisions of this Section shall be heard by the Combined Planning and Zoning Board and as provided in Section 40-21-1 through 40-21-5.

(H)

A zoning occupancy permit shall be required prior to erection of any such parabolic or dish-type antenna.

(I)

No parabolic or dish-type antenna shall be roof-mounted unless the dish is six feet or less in diameter and is mounted on the rear portion of the roof.

(J)

No parabolic or dish-type antenna shall be used or serve as a sign for the purpose of advertisement by a business or commercial unit.

(K)

This Section shall not apply to any existing parabolic or dish-type antennae which have been installed prior to the effective date of code.

(Ord. No. 1712, § 2, 2-16-21)

Upon the application for and the granting of a special-use permit by the Combined Planning and Zoning Board, a person may occupy a structure in a multi-family district that has a zero lot line for one side yard. The following regulations shall apply to that district:

(A)

Front Yard. There shall be a front yard of not less than 25 feet in depth.

(B)

Side Yard. The total of the side yards shall be 15 feet, provided that only one side yard need be provided so a building is permitted with a 15 foot side yard on one side and with the side of the building on the lot line on the other. On a corner lot, there shall be a side yard of not less than 25 feet on the side of the building nearest the street. No part of any building shall project over onto any neighboring lot unless an easement permitting the same has been duly executed and recorded by the owner of the neighboring lot. Two buildings on neighboring lots may be built touching each other with party walls or adjacent walls, provided that such walls shall comply with all applicable provisions of the Building Code, if any, relating to walls between condominiums and apartments. No two buildings shall be built touching each other unless the owner(s) of each of the two lots involved sign an agreement.

(C)

Lot Coverage. Not more than 35 percent of any lot shall be occupied by buildings of any kind.

(D)

Lot Area. Each dwelling hereinafter erected or structurally altered shall be on a lot having an area of not less than 6,000 square feet and a width of not less than 50 feet, provided, however, that any lot established before the effective date of this Section may be used as a building site even though it does not comply with the requirements of this Code.

(E)

Accessory Buildings. No accessory building shall encroach on any required front yard. No accessory building on any corner lot shall encroach on any side yard adjacent to the street. Accessory buildings shall include, but not be limited to, play houses, storage buildings and garages. Accessory buildings shall not be used for dwellings.

(F)

Required Floor Areas. Each single-family residence located in the single side yard in a multi-family district shall have a floor area of not less than 1,000 square feet. The areas of garages, open porches, cellars and basements shall not be included.

(G)

Minimum Width. No principal building shall have a width of less than 20 feet measured on the exterior walls. Attached garages and porches shall not be included in measuring the width of the principal building.

(Ord. No. 1712, § 2, 2-16-21)

The following sections shall apply to Solar Energy Systems. All definitions set forth of this Code shall apply when applicable and to the extent that they are not inconsistent with the definitions contained in this Section.

(A)

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

Ground mount solar energy system. A solar energy system that is directly installed into the ground and is not attached or affixed to an existing structure.

Net metering. A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage at the end of the month. (See Chapter 10 of the Village of Freeburg Code of Ordinances)

Personal solar energy system. Any device or combination of devices or elements which rely upon direct sunlight as an energy source including but not limited to any substance or device which collects sunlight for generating electricity for use on-site. However, the energy output may be delivered to a power grid to offset the cost of energy on-site.

Solar energy. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

Solar energy system. The components and subsystems required to convert solar energy into electric or thermal energy suitable for use. The area of the system includes all the land inside the perimeter of the system, which extends to any fencing.

Solar panel. A device for the direct conversion of solar energy into electricity.

Structure mount solar energy system. A solar energy system in which solar panels are mounted on top of a roof structure as either a flush mounted system or as modules fixed to frames which can be tilted toward the south at an optical angle.

(B)

Personal Solar Energy System.

(1)

Purpose and Intent. The purpose of these regulations is to provide a uniform and comprehensive set of standards for the installation and use of Personal Solar Energy Systems designed for on-site use that shall be used solely to reduce on-site consumption of utility power, but energy output may be delivered to a power grid to offset the cost of energy on-site. The intent of these regulations is to protect the public health, safety, and welfare without unduly restricting the development of personal solar energy system.

(2)

Permitted Use. Ground mounted personal solar energy systems shall be considered an accessory use to a principal permitted use or a granted special use in any zoning district.

(3)

Special Requirements. Personal solar energy systems shall be subject to the requirements included in Sections 40-2-16 (Accessory Use Restrictions) and 40-2-17 (Area and Bulk Requirements) unless otherwise stated herein:

(a)

Ground Mounted Personal Solar Energy System Height and Size. Height shall not be greater than six feet at maximum tilt of the solar panel(s) as measured from the average grade at the base of the supporting structure to the highest edge of the system and the size shall not occupy more than 30 percent of square feet of ground in any zoning district.

(b)

Structure Mounted Personal Solar Energy System Height. Shall not be greater than the allowable height of any structure within the zoning district in which the personal solar energy system is to be installed.

(c)

Setbacks. The personal solar energy system shall maintain perimeter setbacks of at least ten feet. No personal solar energy system shall be permitted to be located in the required front or side yard.

(d)

Building Codes. All village, county, state, and national construction codes shall be followed.

(e)

Use. The personal solar energy system shall provide electricity for on-site use by the owner. This does not prohibit an owner from making excess power available through net metering.

(f)

Approved Solar Components. Electric solar energy system components must have an Underwriters Laboratory (UL) listing or approved equivalent. Solar energy collectors shall be documented by the manufacturer as being non-reflective pursuant to recognized engineering standards showing reflectivity of less than 30 percent or shall be placed such that concentrated sunlight or glare shall not be directed onto aircraft or nearby properties or streets.

(g)

Screening. Ground mounted personal solar energy systems must be substantially screened from public view (including adjacent properties and public rights-of-way) by fencing, walls, plantings, or other architectural feature, or any combination thereof; provided however, that the screening shall not be required to be so dense, so tall, or so located as to render the equipment essentially non-functional.

(4)

Certificate of Compliance. Before a building permit is issued for a personal solar energy system, the following shall be submitted to the Village of Freeburg for review:

(a)

Net Metering Application Submitted.

(b)

Site plan to scale showing:

(i)

Name, address, and phone number of the property owner;

(ii)

Lot lines;

(iii)

All structures;

(iv)

Septic field (if any);

(v)

Field tile location (if any);

(vi)

Setback lines;

(vii)

Location of all solar panels and associated equipment;

(viii)

Location of the electrical disconnect for the personal solar energy system.

(ix)

Structural Engineer's sealed plans for all Structure Mount Solar Energy Systems.

(c)

Evidence that the site plan has been submitted to the local fire protection district or department.

After an approved final inspection of the personal solar energy system and all building permits, a certificate of compliance shall be issued.

(Ord. No. 1712, § 2, 2-16-21)