Gilman City Zoning Code

LOTS AND

STRUCTURES; USES; REGULATIONS

§ 157.025 COMPLIANCE.

(A) Within the village, the use of any land; the size, shape and placement of lots; the use, size, height, location and types of structures thereon; and the provision of open spaces shall be in compliance with the regulations established herein and made applicable to the district or districts in which such land or structure is located.

(B) Where a building permit for a structure has been issued in accordance with law prior to the effective date of this chapter, and provided that construction is completed within 12 months of such effective date, such structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further may upon completion be occupied by the use for which originally designated. An extension of up to 12 months may be allowed by the Village Board provided good cause is shown.

(Prior Code, § 22.11) (Ord. passed - -2011)

§ 157.026 LOT PROVISIONS.

(A) Principal structures.

(1) All principal structures shall be located on a lot, and only one principal structure shall be located, erected or moved onto a lot in the single-family residential districts.

(2) The Planning Committee may permit more than one principal structure per lot in other districts where more than one principal structure is needed for the orderly development of the parcel. When additional structures are permitted, the Planning Committee may impose additional yard requirements or parking requirements, or may require a minimum separation distance between principal buildings. See § 155.07 for certified survey requirements if no subdivision.

(B) Existing substandard lots.

(1) A lot located in a residential district which does not contain sufficient area to conform to the dimensional requirements of this chapter, but which at least 50 feet wide and 6,000 square feet in area, may be used as a single building site, provided that the use is permitted in the zoning district prior to the effective date of this chapter.

(2) A lot located in a business or manufacturing district which does not contain sufficient area to conform to the dimensional requirements of this chapter may be used as a building site, provided that the lot is a lot of record in the County Register of Deeds office prior to the effective date of this chapter.

(3) Substandard lots granted permits under this section shall be required to meet the setback and other yard requirements of this chapter. A building permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be issued only after a variance is granted by the Board of Appeals.

(C) Roadway. All lots shall abut a public street or approved private road or way which is constructed to applicable standards.

(D) Minimum yard. No yard or other open space existing on the effective date of this chapter shall be reduced below the minimum required by this chapter.

(E) Conflicting allocations. No yard or other open space allocated to a structure or parcel of land shall be used to satisfy yard, other open spaces or minimum lot area requirements for any other structure or parcel.

(Prior Code, § 22.12) (Ord. passed - -2011)

§ 157.027 YARD REGULATIONS.

Measurements shall be taken from the nearest point of building to the lot line in question, subject to the following:

(A) On lots having double frontage (through lots), the required front yard shall be provided on both street sides; and

(B) On a corner lot, the width of the yard along the side street shall not be less than any required front yard on any such street, provided the buildable width of a lot of record shall not be reduced to less than 28 feet nor closer than six feet to any side lot line. In no case shall the setback required for a side yard abutting a street be reduced to less than 30 feet.

(Prior Code, § 22.13) (Ord. passed - -2011)

§ 157.028 HEIGHT REGULATIONS.

Except as provided below, all buildings and structures shall conform to the height regulations for the zoning district in which they are located.

(A) Architectural projections, such as spires, steeples, belfries, parapet walls, cupolas, domes, flues and chimneys are exempt from the height limitations of this chapter.

(B) Special structures, such as elevator penthouses, tanks, grain elevators, silos, observation towers, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations and smokestacks are exempt from the height limitations of this chapter.

(C) Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this chapter.

(D) Communication structures, such as radio and television transmission and relay towers, aerials, radio and television receiving and transmitting antennas are exempt from the height limitations of this chapter.

(E) Public or semi-public facilities, such as schools, churches, hospitals, monuments, sanatoriums, libraries, government offices and stations, may be erected to a height of 60 feet, provided all required yards are increased not less than one foot for each foot the structures exceeds the district’s maximum height requirement.

(Prior Code, § 22.14) (Ord. passed - -2011)

§ 157.029 ACCESSORY BUILDINGS, USES OF STRUCTURES AND USE OF REQUIRED YARDS.

Any accessory building, use or structure shall conform to the applicable regulations of the district in which it is located except as specifically otherwise provided hereinafter.

(A) Any permanent roofed structure serving an accessory use, if attached to the principal building, shall be considered as part of such a principal building for all regulatory purposes.

(B) Accessory building and structures are permitted in the rear yard and side yard; however, when an accessory building or structure is located forward of the rear building line of the principal building, it shall satisfy the same side yard requirements as the principal building.

(C) Detached accessory building and structures shall not exceed 1,000 square feet and not occupy more than 30% in the rear area in all districts except the Rural (RD), Commercial (CD), Industrial (ID), Public and Institutional (PI) and in which such uses and structures may exceed 1,000 square feet, but shall not occupy more than 50% of the rear yard area. Private swimming pools shall be exempt from the 30% rear yard occupancy limitation in residential districts.

(D) Detached accessory buildings and structures shall not be closer than five feet to the principal structure nor closer than three feet to an alley or platted easement, except that when the accessory building is a garage that has its entrance facing the alley, the rear yard setback shall be 20 feet for the garage.

(E) Uncovered stairs, porches, landings and fire escapes may project into any yard, but not to exceed six feet and not closer than six feet to any lot line.

(F) Residential fences are permitted on the property lines in residential districts, but shall not in any case exceed a height of eight feet.

(G) Security fences are permitted on the property lines in all districts except residential districts, but shall not exceed ten feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

(Prior Code, § 22.15) (Ord. passed - -2011; Ord 157-2025, passed 5-14-2025)

§ 157.030 NONCONFORMING BUILDINGS, STRUCTURES AND USES.

(A) Purpose. The purpose of this section is to minimize the hardships that may unintentionally occur to citizens whose present use of their lots, buildings and structures thereon do not conform wholly with the provisions of this chapter. Only uses which are lawful under the existing ordinance before the adoption of this chapter are protected by the provisions of this section.

(B) General provisions.

(1) Any lawfully established use of a building, structure or land, on the effective date of this chapter or of amendments hereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued except as otherwise provided herein.

(2) A legal nonconforming use of a building, structure or land use existing on the effective date of this chapter may be continued, provided no such nonconforming building, structure or use shall be in any way expanded or extended, either on the same or adjoining property.

(3) Total lifetime structural repairs or alterations to a nonconforming building or structure, or to the building or structure of a nonconforming use, shall not exceed 50% of the municipality’s equalized value of the structure at the date of adoption of this chapter unless permanently changed to a conforming building, structure or use.

(4) To prevent deterioration of a nonconforming structure or use and to promote an orderly and efficient change to conforming uses, buildings or structures, the Village Board may allow changes or structural repairs and alterations in a nonconforming use, of an amount over 50% of the municipality’s equalized value of the structure at the date of adoption of this chapter on a conditional use basis, provided that such total repair or deterioration is not over 50% of the current equalized value as of date of application for conditional use permit under § 157.133.

(1) When any legal nonconforming use of a building, structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

(2) If no structural alterations are made, a nonconforming use of a building, structure or land may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted nonconforming use, such use shall not thereafter be changed to a less restricted use. For the purpose of this regulation, uses permitted in the R-1 Single-Family District shall be deemed to be those in the most restricted classification.

(D) Repair of damages and/or discontinuance.

(1) When a nonconforming building or structure is damaged by fire, explosion, flood or other calamity, to the extent of more than 50% of its current fair market value, it shall not be restored except so as to comply with the regulations of the district in which such building is located (see exception noted in § 157.057(B)(16)). See conditional use alternative in division (B)(4) above.

(2) Whenever a nonconforming use is discontinued for a period of 12 consecutive months, any future use of the building, structure or land shall conform to the regulations of the district in which it is located.

(Prior Code, § 22.16) (Ord. passed - -2011)

§ 157.031 TRAFFIC VISIBILITY TRIANGLE.

Vision setback lines at the intersection of public streets are hereby established as follows.

(A) Across each sector between intersecting streets, a vision setback line shall be established by a straight line connecting two points of the intersecting street right-of-way lines, which points are located 20 feet from the intersection of said right-of-way lines.

(B) In the vision setback area, no structure of any kind shall be permitted which exceeds a height of two feet above the elevation of the center of the intersection, except for necessary highway and traffic signs and public utility lines, nor shall any plant material or natural growth be permitted which obscures safe vision of the approaches to the intersection.

(Prior Code, § 22.17) (Ord. passed - -2011)

§ 157.032 HOME OCCUPATIONS.

(A) Purpose. The purpose of this section is to regulate the conditions under which occupations may not undermine the general intent and purpose of this chapter and the specific purposes of the residential districts. The standards for home occupations in this chapter are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood, plus a clearly secondary or incidental status in relation to the residential use of the main building as the criteria for determining whether a proposed accessory use qualifies as a home occupation.

(B) Standards. Home occupations shall be subject to the following standards.

(1) The occupation or profession shall be carried on wholly within the principal building or other structure accessory thereto, and it shall utilize no more than 50% of the gross floor area of the building.

(2) The home occupation is to be conducted only by members of the family residing in the dwelling unit, plus no more than six nonresident assistants or employees employed on the premises at any one time. Persons engaged in building trades, similar fields and other activities using their dwelling units or residential premises as an office for business activities carried on off the premises, may have more employees than the limitations set forth in this division (B)(2) if they are not employed on the premises.

(3) The home occupation shall be incidental and subordinate to its use for residential purposes.

(4) In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of materials, construction and lighting.

(5) No home occupation shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard of nuisance beyond what normally occurs in the applicable zoning district.

(6) There shall not be outside storage of any kind related to the home occupation.

(7) The home occupation shall not involve the use of commercial vehicles, other than those owned by the applicant for delivery of products or materials to and from the premises. This shall not be interpreted to include delivery and/or pickup services such as United Parcel Service, Federal Express and the like, in the conduct of their normal operations.

(8) Activities which involve the manufacture, utilization, processing or storage of chemicals or inflammable and explosive material shall not be permitted.

(1) Artists or sculptors;

(2) Authors or composers;

(3) Home crafts such as model making, rug weaving and cabinet making;

(4) Office facility of a minister, rabbi or priest;

(5) Office facility of an attorney architect, professional engineer, surveyor, landscape architect, insurance agent or real estate agent;

(6) Private tutoring;

(7) Musical instruction limited to two pupils at a time; and

(8) Dressmaking.

(D) Home occupations not permitted. The following uses, by the nature of the investment or operation, have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residence purposes. Therefore, home occupations not permitted include but are not necessarily limited to:

(1) Barber shops and beauty salons;

(2) Antique shops;

(3) Stables and kennels;

(4) Medical offices, including but not necessarily limited to physicians, surgeons, dentists, chiropractors or optometrists for the general practice of the profession, except for consultation or emergency treatment;

(5) Automobile repair or paint shops; and

(6) Restaurants and bakeries.

(E) Conditional use. Any proposed home occupation that is neither specifically permitted by division (C) above nor specifically prohibited by division (D) above shall be considered a conditional use and be granted or denied by the Village Board upon consideration of those standards contained in division (B) above and in accordance with the procedures as required in § 157.133.

(Prior Code, § 22.18) (Ord. passed - -2011)

§ 157.033 CLASSIFICATION OF UNLISTED USES.

(A) Any use not specifically listed as a permitted use or a conditional use in the districts established in §§ 157.050 through 157.061 shall be considered to be prohibited except as may be otherwise specifically provided hereinafter.

(B) In case of question as to the classification of an unlisted use, the question shall be submitted to the Planning Committee for determination in accordance with the following procedure.

(1) Application. Application for determination for classification of an unlisted use shall be made in writing to the Planning Committee and shall include a detailed description of the proposed use and such other information as may be required by the Planning Committee to facilitate the determination.

(2) Investigation. The Planning Committee shall make or have made such investigations as it deems necessary in order to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this chapter and to determine its classification.

(3) Public hearing. The Planning Committee shall fix a reasonable time and place for a public hearing following the receipt of an application for the determination of a classification of an unlisted use, publish a Class 2 notice thereof and shall give due notice to the parties in interest and the Zoning Administrator.

(4) Determination. The determination of the Planning Committee shall be rendered in writing within 40 days from the date of the public hearing and shall include findings supporting the conclusion. The Planning Committee shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts established in § 157.050.

(5) Effective date of determination. At the time of the determination of the classification of the unlisted use shall become effective.

(Prior Code, § 22.19) (Ord. passed - -2011)

§ 157.034 SANITARY SEWER PROVISION.

(A) Purpose. The purpose of this section is to maximize public investment in sanitary sewer and sewage treatment infrastructure, and protect surface and ground water, in the interest of public health, safety and welfare.

(B) Standard. Soils, geologic and hydrogeologic conditions within the village are not suitable for on-site sewage treatment systems and holding tanks. The village has made a substantial investment in its sanitary significant capacity for future growth. Therefore, no building, structure, activity or use shall be allowed to employ on-site sewage treatment systems and holding tanks within the village, unless exempted by specific action of the Village Board.

(Prior Code, § 22.20) (Ord. passed - -2011)

§ 157.035 PARKING AND LOADING.

(A) Purpose. The purpose of this section is to promote public safety and welfare by reducing congestion on public streets and roads by requiring on each lot sufficient parking and loading space to accommodate the traffic generated by the use of the lot.

(B) Scope of these regulations. The off-street parking and loading provisions of this chapter shall apply as follows: for all buildings and structures erected after the effective date of this chapter, accessory parking and loading shall be according to the provisions of this chapter.

(1) Minimum size regulations. Each parking space shall not be less than 180 square feet in area, 18 feet in length and ten feet in width, exclusive of aisles and access drives.

(2) Access. Each off-street parking space shall open directly upon an aisle or driveway designed to provide safe and efficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.

(3) Computing requirements. In computing the number of spaces required, the following rules shall govern:

(a) Floor space shall mean the gross floor area of the specific use. See § 157.010; and

(b) Provision of parking stalls, shared jointly by several persons in the same block or in the same vicinity is permissible, in which case the number of stalls required shall be the sum total of the individual requirements, provided that where it is found by the Planning Committee, upon application thereto, that the parking demand generated by the different uses included in any joint arrangement to provide parking stalls required herein occurs at distinctly different times, as in the case of a theater generating demand for parking after normal daytime business hours and a store generating demand for parking during such daytime hours, and in similar cases, the Planning Committee may reduce the total number of parking stalls to be jointly provided.

(4) Location of parking facilities. All parking spaces required herein shall be located on the same lot with the building or use served, except that where the number of spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located not to exceed 300 feet from any building served.

(5) Lighting. Lights provided in any parking area shall be hooded or beamed so as not to create undesirable glare or illumination on adjacent residential property.

(6) Surfacing. Any off-street parking area, other than that provided for single- and two-family dwelling units, having a capacity for more than four vehicles shall be concrete, blacktop or gravel.

(D) Parking space requirements. The Village Board chooses not to impose particular off-street parking requirements at this time. If off-street parking is provided, it shall conform to this chapter.

(Prior Code, § 22.22) (Ord. passed - -2011)