In order to implement this Code, and to achieve the objectives in chapter 9-1, the entire municipality is hereby divided into the following zoning districts:

 

(Ord. passed 8-3-2022)

   A.   R-1, Single Family: A zone characterized by one principal dwelling on a low density (min. 10,000 sq. ft.) lot. This zone is generally located on top of the bluffs.

   B.   R-2, Single Family: A zone characterized by one principal dwelling on a medium density (min. 8,000 sq. ft.) lot.

   C.   R-3, Single Family: A zone characterized by one principal dwelling on a high density (min. 4,500 sq. ft.) lot. This area was developed prior to the enactment of Zoning within the City.

   D.   R-4 , Multi-Family: A zone characterized by one or more dwelling units per lot.

   E.   B-1, Commercial: A zone characterized by retail, service and other business uses. It is generally located along Main Street in Grafton.

   F.   B-2, Commercial: A mixed use commercial zone which includes larger tracts of land suitable for development within Grafton.

   G.   MH-1 - Mobile Home: This land use area is generally characterized by smaller lots to provide areas for affordable housing.

      1.   No portion of any property in an MH-1 zoning district shall be used or devoted to any commercial trade, manufacturing, or industrial purpose, or be used as a boarding house, rooming house, or clubhouse, or for any purpose other than that of a single family residence. This restriction shall not prevent any resident from doing professional work in his or her own home, provided that there are no signs placed upon the premises or other advertising identifying the professional work to be performed.

      2.   No signs of any kind shall be installed, maintained or displayed within an MH-1 zoning district, except for the following:

         a.   Real estate signs, not exceeding six (6) square feet in size, and used for the sole and exclusive purpose of advertising for sale or lease the home or the lot on which the sign is erected.

         b.   Signs expressing a purely political or religious expression of the view of the owner or resident of the lot upon which the sign is located. Political signs supporting a candidate or a proposition relative to a particular election shall be removed not more than three (3) days following the election to which the sign is related.

      3.   No livestock, poultry, reptiles, or exotic animals (except that dogs, cats, or other household pets without vicious propensities, to a limit of three (3), may be kept if not bred or maintained for commercial purposes) may be kept in or on any part of any lot located within an MH-1 zoning district. No animals of any kind shall be allowed to run at large or to be off the animal owner's property unless such animal is at all times under control by means of a secure leash or other device.

      4.   No owner shall permit any lot in an MH-1 zoning district to be used for dumping of rubbish or for the storage of junk, and it shall be the duty of any owner to cause any rubbish or junk located on any such lot to be removed within seven (7) days of notice from the City to do so.

      5.   All lots in an MH-1 zoning district, whether vacant or otherwise, shall be mowed at regular intervals, and shall be kept free of unsightly weeds and brush. If the owner of a lot fails to mow or keep his or her lot free of unsightly weeds and brush, the City may cause such a lot to be mowed or cleared of unsightly weeds or brush at the expense of the owners after written notice from the City in compliance with State statutes. The cost of mowing or clearing the lot of unsightly weeds or brush, if incurred by the City, shall become a lien against the subject property in compliance with State statutes.

      6.   No burning of trash, garbage, leaves, limbs or other waste shall be allowed within the area of an MH-1 zoning district. No incinerators, burning barrels, or other means of burning household trash or yard waste shall be permitted to be established in the MH-1 zoning district.

      7.   No above ground storage tanks containing gasoline, diesel fuel, oil or home heating oil shall be allowed in an MH-1 zoning district.

      8.   No accessory or service buildings shall be erected, constructed, or maintained prior to the erection or construction of the principal residential dwelling upon a lot in the MH-1 zoning district.

      9.   No person shall reside in any partially completed or temporary structure in the MH-1 zoning district.

      10.   No building materials of any kind or character shall be placed or stored on a building site until the lot owner or contractor has received a building permit issued by the City with regard to the building site, and any such materials thereafter placed on the building site must be located entirely within the lot lines of the lot upon which the building site is located in an MH-1 zoning district.

      11.   No commercial vehicles, farm machinery, tractors, trucks, boats, motorcycles, campers, recreational vehicles (including vans equipped or used for recreational purposes), house trailers, boat trailers and/or trailers of any other description, shall be parked or stored on any lot, other than in a garage or accessory building or its concrete apron; except boats, recreational vehicles (RV's), or campers, so long as currently licensed may be parked on the rear forty feet (40') of the lot and; except that a construction trailer or commercial vehicle required in connection with approved construction on a lot may be parked on such lot during the period of such approved construction. The foregoing prohibition shall not apply to temporary parking for pick-up, delivery or other commercial services to residences within the MH-1 zoning district. An additional mobile residence may be parked on a lot within the MH-1 zoning district while visiting a permanent residence, but not for a period to exceed ten (10) consecutive days.

      12.   Each lot owner shall provide off-street parking for all vehicles in use by the lot owner and/or the resident of each lot in the MH-1 zoning district. There shall be no repair, maintenance, or overhaul work on automobiles or mobile equipment that exceeds one twenty four (24) hour period except and unless such work is performed in a garage, accessory or service building. Immobilized automobiles, defined as those not properly licensed by the State of Illinois, or those automobiles not in a mechanical state of repair so as to be operable, shall not be permitted to remain in the MH-1 zoning district for a period in excess of twenty-four (24) hours, unless fully within a closed garage.

      13.   No water wells shall be permitted to be drilled or maintained in the MH-1 zoning district. No oil drilling, oil development operations, oil refining, quarry or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted on any lot in the MH-1 zoning district. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot in the MH-1 zoning district.

      14.   Communication satellite dishes for television reception or otherwise may not be installed in an MH-1 zoning district unless in the rear yard area behind or to the rear of the principal residential structure on any lot. No exterior towers exceeding twelve (12) feet in height shall be installed on any lot in an MH-1 zoning district.

      15.   No fence, wall, hedge, or shrub plant which obstructs sight lines at elevations between two (2) and ten feet (10') above the roadways shall be placed or permitted to remain on any corner lot within the triangle area formed by the street property lines and a line connecting them at points thirty feet (30') from the intersection of the street lines in an MH-1 zoning district. In the case of a rounded street property corner, the foregoing restriction applies from the intersection of the street property lines as extended. The same site line limitation shall apply on any lot within ten feet (10') from the intersection of a street property line with the edge of a driveway.

      16.   No fence or wall shall be erected, placed, or maintained on any lot in an MH-1 zoning district nearer to any street than the minimum building setback lines as established by City ordinance. No fence shall exceed six and one-half feet (6.5') in height (measured from natural ground level) and shall not extend past the front of any dwelling of any property adjacent to the fence. No electrically charged fences or barbed wire fences are allowed or permitted in an MH-1 zoning district. The property owner upon which any fencing is located shall maintain the fencing in an upright, neat and orderly manner at all times.

   H.   C-1, Conservation Reserve: This land use area is characterized by large undeveloped areas that contain a variety of special features. In Grafton's case, these areas are the bluffs and uplands and those areas exhibit special features, such as, steep slopes, erodible soils, a lack of utility services and infrastructure. Development can occur in these areas but must meet criteria to prevent economic or environmental damage and, in some instances, large lot sizes will be required.

   I.   I-1, Industrial: This land use area is characterized by industrial activities of a processing, fabrication, assembly or similar nature. Limited opportunities currently exist in Grafton for industrial activities but this use should be considered for future opportunities.

(Ord. passed 8-3-2022)

The R-1 zoning district shall be subject to all of the permitted uses, accessory uses, prohibited uses, special uses, and area and bulk regulations and parking requirements as established as applicable to R-1 zoning districts by the Zoning Code of the City as in effect upon the effective date of this Code. In addition to the foregoing rights and restrictions, property located within an R-1 zoning district shall be subject to the following restrictions:

   A.   Any dwelling to be constructed from or after the effective date of this Code must contain the following minimum square footage of livable space:

      1.   Single floor dwelling must contain at least one thousand four hundred fifty (1,450) square feet not including garage.

      2.   Split level dwellings must contain at least one thousand (1,000) square feet above grade and a total of one thousand four hundred (1,400) square feet of livable space not including garage.

      3.   One and one-half (1.5) story dwellings must contain at least one thousand (1,000) square feet above grade and a total of one thousand five hundred (1,500) square feet of livable space not including garage.

      4.   Two story dwellings must contain at least one thousand seven hundred (1,700) square feet of livable space not including attached garage.

   B.   All dwellings to be constructed from or after the effective date of this Code must include in their initial construction, an attached garage of at least two hundred forty (240) square feet with a concrete or masonry driveway.

   C.   Materials used for the construction of any structure or building, such as a detached garage or an accessory or service building, must blend with or complement the principal dwelling structure on each lot.

   D.   All subsequent improvements, additions, remodeling, replacement, or repairing of the exterior of any building or dwelling shall be in harmony with the original and the same type of materials and workmanship originally exhibited on each lot.

   E.   No previously constructed house or residence may be relocated into the R-1 zoning district.

   F.   All buildings and/or residential dwellings shall be constructed a minimum of twenty feet (20') back from the front lot line of each lot and a minimum of ten feet (10') back from the side lot line of each lot, unless a variance is granted due to the topography of the land or other circumstances which reasonably require a variance to facilitate the reasonable use of a particular lot.

   G.   Any detached garage or accessory or service building ancillary to the principal dwelling on each lot must have a minimum square footage of interior space of four hundred (400) square feet, and the height of any such detached garage, accessory or service building may not exceed the height of the principal residential dwelling on each lot.

   H.   No portion of any property in an R-1 zoning district shall be used or devoted to any commercial trade, manufacturing, or industrial purpose, or be used as a boarding house, rooming house, or clubhouse, or for any purpose other than that of a single family residence. This restriction shall not prevent any resident from doing professional work in his or her own home, provided that there are no signs placed upon the premises or other advertising identifying the professional work to be performed.

   I.   No signs of any kind shall be installed, maintained or displayed within an R-1 zoning district, except for the following:

      1.   Real estate signs, not exceeding six (6) square feet in size, and used for the sole and exclusive purpose of advertising for sale or lease the home or the lot on which the sign is erected.

      2.   Signs expressing a purely political or religious expression of the view of the owner or resident of the lot upon which the sign is located. Political signs supporting a candidate or a proposition relative to a particular election shall be removed not more than three (3) days following the election to which the sign is related.

   J.   No livestock, poultry, reptiles, or exotic animals (except that dogs, cats, or other household pets without vicious propensities, to a limit of three (3), may be kept if not bred or maintained for commercial purposes) may be kept in or on any part of any lot located within an R-1 zoning district. No animals of any kind shall be allowed to run at large or to be off the animals owner's property unless such animal is at all times under control by means of a secure leash or other device.

   K.   No owner shall permit any lot in an R-1 zoning district to be used for dumping of rubbish or for the storage of junk, and it shall be the duty of any owner to cause any rubbish or junk located on any such lot to be removed within seven (7) days of notice from the City to do so.

   L.   All lots, whether vacant or otherwise, shall be mowed at regular intervals, and shall be kept free of unsightly weeds and brush. If the owner of a lot fails to mow or keep his or her lot free of unsightly weeds and brush, the City may cause such a lot to be mowed or cleared of unsightly weeds or brush at the expense of the owners after written notice from the City in compliance with State statutes. The cost of mowing or clearing the lot of unsightly weeds or brush, if incurred by the City, shall become a lien against the subject property in compliance with State statutes.

   M.   No burning of trash, garbage, leaves, limbs or other waste shall be allowed within the area of an R-1 zoning district. No incinerators, burning barrels, or other means of burning household trash or yard waste shall be permitted to be established in the R-1 zoning district.

   N.   No above ground storage tanks containing gasoline, diesel fuel, oil or home heating oil shall be allowed.

   O.   No accessory or service buildings shall be erected, constructed, or maintained prior to the erection or construction of the principal residential dwelling upon a lot in the R-1 zoning district.

   P.   No person shall reside in any partially completed or temporary structure in the R-1 zoning district.

   Q.   No building materials of any kind or character shall be placed or stored on a building site until the lot owner or contractor has received a building permit issued by the City with regard to the building site, and any such materials thereafter placed on the building site must be located entirely within the lot lines of the lot upon which the building site is located.

   R.   No commercial vehicles, farm machinery, tractors, boats, motorcycles, campers, recreational vehicles (including vans equipped or used for recreational purposes), house trailers, boat trailers and/or trailers of any other description, shall be parked or stored on any lot, other than in a garage or accessory building or its concrete apron. Boats, recreational vehicles (RV's), or campers, so long as currently licensed may be parked on the rear forty feet (40') of the lot. A construction trailer or commercial vehicle required in connection with approved construction on a lot may be parked on such lot during the period of such approved construction. The foregoing prohibition shall not apply to temporary parking for pick-up, delivery or other commercial services to residences within the R-1 zoning district. A mobile residence may be parked on a driveway within the R-1 zoning district while visiting a permanent residence, but not for a period to exceed ten (10) consecutive days.

   S.   Each lot owner shall provide off-street parking for all vehicles in use by the lot owner and/or the resident of each lot in the R-1 zoning district. There shall be no repair, maintenance, or overhaul work on automobiles or mobile equipment except and unless such work is performed in a garage, accessory or service building. Immobilized automobiles, defined as those not properly licensed by the State of Illinois, or those automobiles not in a mechanical state of repair so as to be operable, shall not be permitted to remain in the R-1 zoning district for a period in excess of twenty-four (24) hours, unless fully within a closed garage.

   T.   No water wells shall be permitted to be drilled or maintained in the R-1 zoning district. No oil drilling, oil development operations, oil refining, quarry or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted on any lot in the R-1 zoning district. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot in the R-1 zoning district.

   U.   Communication satellite dishes for television reception or otherwise may not be installed in an R-1 zoning district unless in the rear yard area behind or to the rear of the principal residential structure on any lot. No exterior towers exceeding twelve feet (12') in height shall be installed on any lot in an R-1 zoning district.

   V.   No fence, wall, hedge, or shrub plant which obstructs sight lines at elevations between two (2) and ten feet (10') above the roadways shall be placed or permitted to remain on any corner lot within the triangle area formed by the street property lines and a line connecting them at points thirty feet (30') from the intersection of the street lines in an R-1 zoning district. In the case of a rounded street property corner, the foregoing restriction applies from the intersection of the street property lines as extended. The same site line limitation shall apply on any lot within ten feet (10') from the intersection of a street property line with the edge of a driveway.

   W.   No fence or wall shall be erected, placed, or maintained on any lot in an R-1 zoning district nearer to any street than the minimum building setback lines as established by City ordinance. No fence shall exceed six and one-half feet (6.5') in height (measured from natural ground level) and shall not extend past the front of any dwelling of any property adjacent to the fence. No electrically charged fences or barbed wire fences are allowed or permitted in an R-1 zoning district. The property owner upon which any fencing is located shall maintain the fencing in an upright, neat and orderly manner at all times.

(Ord. passed 8-3-2022)

The R-2 and R-3 zoning districts shall be subject to all the regulations, requirements and restrictions as established by the Zoning Codes of the City. In addition, property located within these districts shall be subject to the following restrictions:

   A.   Any dwelling constructed after the effective date of this Code must contain a minimum of one thousand (1,000) square feet of livable space.

   B.   Two off street parking spaces shall be required for each dwelling unit. Garages are not required.

   C.   No accessory or service building shall be erected or constructed prior to the construction of the principal dwelling.

   D.   No livestock, poultry, reptiles or exotic animals (except dogs, cats or other household pets without vicious propensities, to a limit of three (3) may be kept).

   E.   Commercial vehicles, farm machinery, building materials or other similar items may not be stored on a lot other than in a garage or accessory building. Licensed boats and recreational vehicles may be parked on the rear forty feet (40') of the lot.

(Ord. passed 8-3-2022)

The R-4 zoning district shall be subject to all of the permitted uses, accessory uses, prohibited uses, special uses, and area and bulk regulations and parking requirements as established as applicable to R-4 zoning districts by the Zoning Code of the City as in effect upon the effective date of this Code.

   A.   No portion of any property in an R-4 zoning district shall be used or devoted to any commercial trade, manufacturing, or industrial purpose, or be used as a boarding house, rooming house, or clubhouse, or for any purpose other than that of a single family residence. This restriction shall not prevent any resident from doing professional work in his or her own home, provided that there are no signs placed upon the premises or other advertising identifying the professional work to be performed.

   B.   No signs of any kind shall be installed, maintained or displayed within an R-4 zoning district, except for the following:

      1.   Real estate signs, not exceeding six (6) square feet in size, and used for the sole and exclusive purpose of advertising for sale or lease the home or the lot on which the sign is erected.

      2.   Signs expressing a purely political or religious expression of the view of the owner or resident of the lot upon which the sign is located. Political signs supporting a candidate or a proposition relative to a particular election shall be removed not more than three (3) days following the election to which the sign is related.

   C.   No livestock, poultry, reptiles, or exotic animals (except that dogs, cats, or other household pets without vicious propensities, to a limit of three (3), may be kept if not bred or maintained for commercial purposes) may be kept in or on any part of any lot located within an R-4 zoning district. No animals of any kind shall be allowed to run at large or to be off the animal owner's property unless such animal is at all times under control by means of a secure leash or other device.

   D.   No owner shall permit any lot in an R-4 zoning district to be used for dumping of rubbish or for the storage of junk, and it shall be the duty of any owner to cause any rubbish or junk located on any such lot to be removed within seven (7) days of notice from the City to do so.

   E.   All lots in an R-4 zoning district, whether vacant or otherwise, shall be mowed at regular intervals, and shall be kept free of unsightly weeds and brush. If the owner of a lot fails to mow or keep his or her lot free of unsightly weeds and brush, the City may cause such a lot to be mowed or cleared of unsightly weeds or brush at the expense of the owners after written notice from the City in compliance with State statutes. The cost of mowing or clearing the lot of unsightly weeds or brush, if incurred by the City, shall become a lien against the subject property in compliance with State statutes.

   F.   No burning of trash, garbage, leaves, limbs or other waste shall be allowed within the area of an R-4 zoning district. No incinerators, burning barrels, or other means of burning household trash or yard waste shall be permitted to be established in the R-4 zoning district.

   G.   No above ground storage tanks containing gasoline, diesel fuel, oil or home heating oil shall be allowed in an R-4 zoning district.

   H.   No accessory or service buildings shall be erected, constructed, or maintained prior to the erection or construction of the principal residential dwelling upon a lot in the R-4 zoning district.

   I.   No person shall reside in any partially completed or temporary structure in the R-4 zoning district.

   J.   No building materials of any kind or character shall be placed or stored on a building site until the lot owner or contractor has received a building permit issued by the City with regard to the building site, and any such materials thereafter placed on the building site must be located entirely within the lot lines of the lot upon which the building site is located in an R-4 zoning district.

   K.   No commercial vehicles, farm machinery, tractors, trucks, boats, motorcycles, campers, recreational vehicles (including vans equipped or used for recreational purposes), house trailers, boat trailers and/or trailers of any other description, shall be parked or stored on any lot, other than in a garage or accessory building or its concrete apron; except boats, recreational vehicles (RV's), or campers, so long as currently licensed may be parked on the rear forty feet (40') of the lot and; except that a construction trailer or commercial vehicle required in connection with approved construction on a lot may be parked on such lot during the period of such approved construction. The foregoing prohibition shall not apply to temporary parking for pick-up, delivery or other commercial services to residences within the R-4 zoning district. An additional mobile residence may be parked on a lot within the R-4 zoning district while visiting a permanent residence, but not for a period to exceed ten (10) consecutive days.

   L.   Each lot owner shall provide off-street parking for all vehicles in use by the lot owner and/or the resident of each lot in the R-4 zoning district. There shall be no repair, maintenance, or overhaul work on automobiles or mobile equipment except and unless such work is performed in a garage, accessory or service building. Immobilized automobiles, defined as those not properly licensed by the State of Illinois, or those automobiles not in a mechanical state of repair so as to be operable, shall not be permitted to remain in the R-4 zoning district for a period in excess of twenty-four (24) hours, unless fully within a closed garage.

   M.   No water wells shall be permitted to be drilled or maintained in the R-4 zoning district. No oil drilling, oil development operations, oil refining, quarry or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted on any lot in the R-4 zoning district. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot in the R-4 zoning district.

   N.   Communication satellite dishes for television reception or otherwise may not be installed in an R-4 zoning district unless in the rear yard area behind or to the rear of the principal residential structure on any lot. No exterior towers exceeding twelve feet (12') in height shall be installed on any lot in an R-4 zoning district.

   O.   No fence, wall, hedge, or shrub plant which obstructs sight lines at elevations between two (2) and ten feet (10') above the roadways shall be placed or permitted to remain on any corner lot within the triangle area formed by the street property lines and a line connecting them at points thirty (30) feet from the intersection of the street lines in an R-4 zoning district. In the case of a rounded street property corner, the foregoing restriction applies from the intersection of the street property lines as extended. The same site line limitation shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway.

   P.   No fence or wall shall be erected, placed, or maintained on any lot in an R-4 zoning district nearer to any street than the minimum building setback lines as established by City ordinance. No fence shall exceed six and one-half feet (6.5') in height (measured from natural ground level) and shall not extend past the front of any dwelling of any property adjacent to the fence. No electrically charged fences or barbed wire fences are allowed or permitted in an R-4 zoning district. The property owner upon which any fencing is located shall maintain the fencing in an upright, neat and orderly manner at all times.

(Ord. passed 8-3-2022)

The boundaries of the listed zoning districts are hereby established as shown on the zoning map of this Municipality. The zoning map, including all notations and other information thereon, is hereby made a part of this Code by reference. Official copies of the zoning map shall be kept on file in the office of the Administrator or other appropriate official.

In accordance with State Law, the Administrator shall publish the City's zoning map not later than March 31 of each year. However, no map shall be published for any calendar year during which there have been no changes in zoning districts or regulations. (See 65 ILCS Sec. 5/11-13-19.) Note: The map shall be published if there are any annexations.

(Ord. passed 8-3-2022)

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

   A.   Where a district boundary as indicated on the zoning map approximately follows 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 centerline.

      2.   Lot line                     Such lot line.

   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.

   C.   All territory (including bodies of water) that lies within the zoning jurisdiction of this Municipality, but which is not shown on the zoning map as being located within any district, shall comply with the zoning regulations of the most restrictive adjoining district.

(Ord. passed 8-3-2022)

No structure or part thereof shall be erected, used, occupied, enlarged, altered, relocated or reconstructed except in conformity with the provisions of this Code. Similarly, no lot or part thereof shall be used, occupied, or developed except in conformity with the provisions of this Code.

(Ord. passed 8-3-2022)

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 Aldermen, following consultation with the Administrator finds that the unlisted use is similar to and compatible with the listed uses, they may amend this Code in accordance with section 9-8-11 to allow such use. The Board's decision shall become a permanent public record, and any unlisted use that they approve shall thereafter have the same status as listed uses.

(Ord. passed 8-3-2022)

Except as specifically provided otherwise in this Code, no temporary structure shall be used or occupied for any purpose, and no land shall be used for any temporary enterprise, whether for profit or not for profit, unless a temporary use permit has been obtained. Applications for temporary use permits shall be treated in the same way as applications for special use permits. A temporary use permit shall be valid for not more than one (1) year unless it is properly renewed (see section 9-8 9).

(Ord. passed 8-3-2022)

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. passed 8-3-2022)

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

(Ord. passed 8-3-2022)

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. passed 8-3-2022)

Except as specifically provided otherwise, in the Residential zoning district and in the business districts, where lots having fifty percent (50%) or more of the frontage on one side of a street between intersections (that is, in one block) are developed with buildings, the minimum required front setback on that block shall be the average of the existing front setbacks.

(Ord. passed 8-3-2022)

Except where principal buildings are commonly attached (for example, in the downtown business area), no part of a principal building on one lot shall be closer than ten feet (10') from any part of a principal building located on an abutting lot.

(Ord. passed 8-3-2022)

   A.   Necessary Appurtenances: Chimneys, 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 for the district in which they are located if they comply with all other pertinent ordinances of the City.

   B.   Intersections: On corner lots except in the downtown business district B-1, in the triangular portion of land bounded by the street lines that are thirty feet (30') from the point of intersection, whether natural or man made, shall intrude into the air space that is between two feet (2') and ten feet (10') above the level of the adjacent street.

(Ord. passed 8-3-2022)

An "accessory use" means any structure or use which is:

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

   B.   Necessary or contributing to the comfort and convenience of the occupants (whether individuals or a commercial enterprise) of the principal structure or use served; and

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

If an accessory use is attached to the principal structure, it shall be considered part of that principal structure.

(Ord. passed 8-3-2022)

The following accessory uses are strictly prohibited unless expressly permitted in particular zoning district(s):

   A.   Use of an accessory structure as a dwelling.

(Ord. passed 8-3-2022)

See schedules (sections 9-3-18 and 9-3-19) for limitations and schedule listings.

(Ord. passed 8-3-2022)

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:

   A.   Whenever the municipal or public sanitary sewerage system is available, all sewage shall be discharged into such system, whether or not a private sewage system already exists or is more convenient.

   B.   Whenever the municipal or public sewage system is not reasonably available, a private sewage system shall be installed and used. All private sewage systems shall be designed, constructed, operated, and maintained in conformity with the following requirements:

      1.   Illinois Private Sewage Disposal Licensing Act, (225 ILCS 225/1 et seq.) as now or hereafter amended; and

      2.   Illinois Private Sewage Disposal Code No. 4.002, promulgated by the Director of the Illinois Department of Public Health, as now or hereafter amended; and

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

      4.   Applicable codes and ordinances of this City.

The Administrator shall not issue any Certificate of Zoning Compliance unless he is satisfied that these requirements will be met.

(Ord. passed 8-3-2022)

   A.   To facilitate public understanding of this Code and for the better administration and convenience of use thereof, the regulations limiting the dwelling unit density, the heights, bulk and arrangement of buildings, and requiring minimum off-street parking for each of the districts established by section 9-3-1 hereof (or specified use), area set forth in schedule 9-3-18 hereof. Such schedule 9-3-18 is hereby 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. passed 8-3-2022)

   A.   To facilitate public understanding of this Code and for the better administration and convenience of use thereof, the regulations designating permitted uses, permitted accessory uses, special uses and specifically prohibited uses for each of the districts established by section 9-3-1 hereof, are set forth in schedule 9-3-19 as a part of section 9-3-1 hereof. Such schedule 9-3-19 is intended 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.

   B.   Each column refers to a specific district which lists the permitted uses, permitted accessory uses, special uses and specifically prohibited uses, and are read vertically under a district column.

   C.   Limitations and requirements in schedule 9-3-19 as used in a column shall mean and include the specific limitations and requirements as set forth in the same column for the district referred to. Where reference is made in schedule 9-3-19 to another section or provision of this Code, such section or provision referred to shall thereby be incorporated as an integral part of the requirements including such reference. All provisions of this Code shall apply as integral parts of this section although not specifically cited as a column.

   D.   Schedule: Permitted Uses; Permitted Accessory Uses; Special Uses; Specifically Prohibited Uses; Use Limitations:

 

(Ord. passed 8-3-2022)

The planned unit is intended to provide for developments incorporating a single type or a variety of related uses which are planned and developed as a Comprehensive Project. Such development may consist of conventionally subdivided lots or provide for development by a single phase or multi-phased project.

The purpose of the planned unit development is to encourage:

   A.   A wide choice in the types of living and shopping environments available to the public by allowing a development that would not be possible under prevailing district standards;

   B.   Permanent preservation of common open space and recreation areas and facilities;

   C.   A pattern of development to preserve natural vegetation, topographic, and geologic features;

   D.   A creative approach to the use of land and relative physical facilities that result in better development and design and the construction of aesthetic amenities;

   E.   An efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds and buildings, and other facilities;

   F.   Land uses which promote the public health, safety, comfort, and welfare; and

   G.   Innovations in residential, commercial, and industrial development so that growing demands of population may be met by greater variety in type, design, and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings.

(Ord. passed 8-3-2022)

A planned unit development shall be processed and approved with procedures similar to those for a Special Use Permit (chapter 9-8), and therefore may depart from normal procedures, standards, and other requirements of the other sections of the Zoning Code. Applications shall be made on forms provided by the City and shall be accompanied by the required plans and documents listed in the following sections.

(Ord. passed 8-3-2022)

The planned unit development is authorized as a special use in each of the zoning districts established in this Code. The size of the planned unit development and the standards to which it must be built vary in different districts in accordance with section 9-3-23.

(Ord. passed 8-3-2022)

The planned unit development must meet the following minimum standards:

   A.   Ownership And Size: The site of the planned unit development must be under single ownership and/or unified control and be not less than two (2) acres.

   B.   Compatibility: The uses permitted in a planned unit development must be of a type and so located as to exercise no undue detrimental influence upon surrounding properties, and shall be compatible with each other.

   C.   Parking Requirements: The individual uses permitted within the planned unit development shall adhere to the parking requirements provided for in other sections of this Code for the particular use or uses proposed. Dual use and City parking facilities may be considered in the parking mix.

   D.   Height: No building shall exceed zone district height restrictions. Structures in a Planned Unit Development exceeding the maximum height limit contained in the Zoning Code may be allowed if fire retardant construction materials are used, sprinkler systems are installed, and the scenic view of the rivers directly affecting other City residents or property owners is not obstructed.

   E.   Density Controls: A minimum of twenty-five percent (25%) of the gross land area devoted to multiple family residential use shall consist of common open space. Common open space shall not include alleys, streets, parking lots and similar uses.

   F.   Traffic: Provisions shall be made to provide adequate ingress and egress designated to minimize traffic congestion in the public streets.

(Ord. passed 8-3-2022)

   A.   Preliminary Plan: A Preliminary Land Use Plan application shall be filed with suitable vehicular/pedestrian routes, utility plans, and all other information required to demonstrate compatible, high quality development. This plan is required to be detailed enough to provide a clear picture of the applicant's intended development.

   Phased development may be requested for larger projects. These would take the form of a complete Preliminary Plan followed by Final PUD phases. Because it is the intent of the City to provide for innovation and flexibility, submittals are expected to vary, based on the conditions of each project.

   B.   Preliminary PUD Plan Submittal Requirements: To attain sufficient information, each PUD preliminary application should include the following:

      1.   Plat of Survey, or professionally drawn plans demonstrating the property boundaries with dimensions, area calculations, street frontages and significant features (topographic, etc.).

      2.   Application - Site Plans: The project application shall include a site plan that presents a clear picture of the development proposed including:

         a.   Land Uses: Footprint of structures, accessory buildings, open space recreation areas, and;

            (1)   Height, Bulk, Coverage: The application shall include plans, elevations, other drawings demonstrating code compliance and development quality.

            (2)   Density/Open Space: The application shall include plans, elevations, datum and drawings demonstrating the density requested and common open space.

         b.   Traffic/Parking Plans: The application shall include plans/datum demonstrating adequate parking and ingress and egress designated to minimize traffic congestion in the public streets.

         c.   Utility Plans: Plans and engineering showing utilities provided to adequately serve the development.

         d.   Property Owners/Surrounding Property Owners: Application shall include a map and property owner's mailing address list for notification purposes.

         e.   Existing Uses: Application shall include a Project Site/Surrounding property map identifying existing uses on the project site and on the adjacent properties. This will assure compatibility consideration.

         f.   Time Line: The application shall include a proposed time line for implementing the proposed development.

(Ord. passed 8-3-2022)

   A.   Final PUD Plan: A final Planned Use Development Plan and/or plat map shall be submitted and approved before project development.

      1.   If the Project requires Plat Map approval, all documents and engineering shall be in a form suitable for recording with the County Recorder of Deeds.

      2.   Should the planned unit development not require a subdivision, a final PUD plan that meets the requirements of this section shall be prepared and submitted.

This final plan may be subject to written conditions, which if included, be a binding part of the final approval.

   B.   Final PUD Plan Submittal Requirements: The final planned unit development plan shall include, but not be limited to:

      1.   An accurate legal description of the entire area under immediate development within the planned development;

      2.   If subdivided lands are included in the planned unit development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat;

      3.   An accurate legal description of each separate unsubdivided use area, including common open space;

      4.   Designation of the exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put, and a street numbering for each building;

      5.   Street construction details, including centerline elevations, pavement type, curbs and gutters, culvert, etc.;

      6.   Utility construction details;

      7.   Certificate, seals and signatures required for the dedication of land, and recording the document; and

      8.   Tabulations on each separate unsubdivided use area, including land area, number of buildings, and number of dwelling units per acre.

      9.   When in the base flood elevation area, elevation information sufficient to insure compliance with flood plain development regulations.

      10.   A specific time line for the implementation of the development.

(Ord. passed 8-3-2022)

The developer shall submit open space disposition documents that satisfy the City of Grafton. These documents shall resolve the following:

All common open space, at the elevation of the City, shall be:

   A.   Conveyed to a municipal or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefitting the owners and residents of the planned development or adjoining property owners and residents of them. All lands conveyed hereunder shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space; or

   B.   Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the planned unit development or adjoining property owners and/or both;

   C.   The relationship and compatibility, beneficial or adverse, of the proposed plan to the adjacent properties and neighborhood;

   D.   The desirability of the proposed plan to physical development, tax base, and economic well-being of the entire community; and

   E.   The conformity with the recommendation of the City Community Plan.

(Ord. passed 8-3-2022)

The planned unit development project shall be developed only according to the approved final plan/plat which shall be binding on the applicants, their successors, grantees and assigns.

Minor revisions may occur - to be approved by the Administrator. Significant revisions require Planning Commission and/or Council approval.

(Ord. passed 8-3-2022)