Granville City Zoning Code
PART 1
Zoning
§ 285-1 Purpose.
This Part 1 has been prepared and adopted to establish a plan for dividing the Village of Granville into districts for the purpose of regulating the location of trades and industries, and of buildings and structures designed for dwellings, apartments, houses, trades, industries and other specified uses, for regulating the height, volume and size of buildings and structures and the intensity of use of lots, areas for determining building lines, for creating a Board of Appeals and other purposes.
§ 285-2 Title.
This Part 1 shall be known and may be cited and referred to as the "Zoning Ordinance of the Village of Granville."
§ 285-3 Definitions.
A.
Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular; the word "building" includes the word "structure"; and the word "shall" is mandatory and not directory.
B. ACCESSORY BUILDING OR USE ALLEY APARTMENT APARTMENT HOUSE BASEMENT BOARDINGHOUSE BUILDING BUILDING, HEIGHT OF CELLAR CLINIC CLUB DECK DISTRICT DWELLING DWELLING, MULTIPLE DWELLING, SINGLE-FAMILY DWELLING, TWO-FAMILY FAMILY FENCE FILLING STATION FRONTAGE GARAGE, PRIVATE GARAGE, PUBLIC GARAGE, STORAGE OR PARKING GRADE(1) (2) (3) HOME OCCUPATION(1) (2) HOTEL LAUNDROMAT LOADING SPACE LODGING HOUSE LOT LOT, CORNER LOT, DOUBLE-FRONTAGE LOT OF RECORD MOTOR COURT OR MOTEL NONCONFORMING USE NURSING HOME PARKING AREA PARKING LOT PARKING SPACE PLACES ROOMING HOUSE SHED STORAGE UNIT STORY STORY, HALF STREET STREET LINE STRUCTURAL ALTERATIONS STRUCTURE SWIMMING POOL(1) (2) TOURIST HOME TOURIST OR TRAILER CAMP TRAILER YARD YARD, FRONT YARD, REAR YARD, SIDE
For the purpose of this Part 1, certain terms and words are herewith defined as follows:
A subordinate building or use customarily incidental to and located on the same lot occupied by the main building or use and constructed or established at the same time or after construction of the main building or use.
A way which affords only secondary means of access to property abutting thereon.
A room or suite of rooms intended, designed, or used as a residence by a single family.
See "dwelling, multiple."
A story partly underground and having at least 1/2 of its height below the average level of the adjoining ground. A basement shall be counted as a story if subdivided and used for dwelling or business purposes, other than for the quarters of a watchman or janitor.
A building other than a hotel where, for compensation and by arrangement, meals and lodging are provided for three or more persons.[1]
Any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels or property of any kind.
The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge of gable, hip and gambrel roofs.
See "basement."[2]
An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.
A building or portions thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
Any outdoor patio, regardless of the material used for construction, which attaches to a home or other structure.
[Added 12-1-2020 by Ord. No. 724]
Any section of the Village of Granville for which zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.
Any building or portion thereof which is designed for or used for residential purposes.
A building designed for or occupied exclusively by three or more families.
A building designed for or occupied exclusively by one family.
A building designed for or occupied exclusively by two families.
One or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises, as distinguished from a group occupying a boardinghouse, lodging house, or hotel, as herein defined.
A structure of wood, masonry, stone, plastic polymer or other synthetic material or metal which encloses all or any portion of a lot.
[Added 12-2-2008 by Ord. No. 551]
Any building, structure, or land use for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, not including major repair work such as motor replacement, body and fender repair or spray painting.
All the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
An accessory building designed or used for the storage of not more than four motor-driven vehicles owned and used by the occupants and used by the occupants of the building to which it is accessory, and not storing more than one commercial vehicle or any vehicle which exceeds a two-ton capacity.[3]
A building or portion thereof, other than a private storage or parking garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.
A building or portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles, as distinguished from daily storage furnished to transients, and within which motor fuels and oils may be sold, but no motor-driven vehicles are equipped, repaired, hired or sold.
Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street. Where no sidewalk exists, the grade shall be established by the Village Engineer.
For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.
For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the centers of all walls adjoining the streets.
For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
Any occupation or activity entirely incidental to residential use, when carried on by a member of the immediate family residing on the premises, in connection with which there is used no sign other than a nameplate not more than one square foot in area, or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes.
Clinics, doctors' offices, hospitals, barbershops, beauty parlors, dress shops, millinery shops, real estate offices, tea rooms, tourist homes, animal hospitals and kennels shall not be deemed to be home occupations.
A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boardinghouse, a lodging house, or an apartment house, which are herein separately defined.
An establishment providing home-type washing, drying or ironing machines for hire to be used by customers on the premises.
A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having a minimum dimension of 12 feet by 35 feet and a vertical clearance of at least 14 feet.
A building other than a hotel where lodging for three or more persons is provided for compensation pursuant to previous arrangement.
A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, the open spaces and parking spaces required by this chapter, and having its principal frontage upon a street or upon an officially approved place.
A lot abutting upon two or more streets at their intersection.
A lot having a frontage on two nonintersecting streets as distinguished from a corner lot.
A lot which is part of a subdivision, the map of which has been recorded in the office of the Recorder of Deeds of Putnam County; or a parcel of land, the deed of which was recorded in the office of the Recorder of Deeds of Putnam County.
A building or group of buildings used for the temporary residence of motorists or travelers.
The use of land or a building, or portion thereof, which use does not conform with the use regulations of the district in which it is situated.
A home for the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
An open, unoccupied space used or required for use for parking of automobiles exclusively and in which no gasoline or automobile accessories are sold or no other business is conducted and no fees are charged.
Any area used in whole or in part for storing or parking motor vehicles and where either a parking fee is charged therefor or the lot is operated in connection with, or for the use of customers of, a commercial or industrial use or where the parking area is used in connection with or for any other use and is not located on the same lot with the building or use served or within the distance therefrom specified in § 270-21.
A surfaced area, enclosed in the main building or in an accessory building, or unenclosed, having an area of not less than 180 square feet exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.
An open unoccupied space or a public or private thoroughfare other than a street or alley permanently reserved as the principal means of access to abutting property.
See "lodging house."[4]
Any outdoor storage facility, whether it be mobile or not, that is located on a property.
[Added 12-1-2020 by Ord. No. 724]
Includes any and all semi-trailer or box containers which may be located on the property.
[Added 12-1-2020 by Ord. No. 724]
That portion of a building, other than a cellar or basement (except one used for business or residence), included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling above it.
A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.
A public or private thoroughfare which affords the principal means of access to abutting property.
A dividing line between a lot, tract or parcel of land and a contiguous street.
Any change, except those required by law or ordinance, in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial changes in the roofs or exterior walls, but not including openings in bearing walls as permitted by existing ordinances.
Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas.
[Added 12-2-2008 by Ord. No. 551; amended 1-18-2011 by Ord. No. 580]
A structure designed to contain water and to be used for recreational purposes by persons for swimming and other related water recreational purposes. Hot tubs or spas are excepted from the definition of a swimming pool, so long as the hot tub or spa is less than eight feet by eight feet and is also covered by a locking lid.
A permanent improvement to real estate and so constructed to contain water intended primarily for swimming and other recreational uses by humans. A swimming pool, as being regulated within the scope of this chapter, shall have a minimum water depth of 24 inches and shall not be susceptible to daily filling and emptying. A swimming pool does not include landscape improvements that are ponds for the growing of aquatic plants or the display of aquatic wildlife.
A building other than a hotel where lodging is provided and offered to the public for compensation for not more than 20 transient guests.
An area containing one or more tents, auto trailers or other portable or mobile shelters for use as temporary living facilities of one or more families, and intended primarily for automobile transients.
Any structure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, and which has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term "trailer" shall include a camp car and house car. Trailers, as herein defined, shall not be permitted in any district within the corporate limits of the Village except upon permission expressly granted by resolution or ordinance of the Village Board.
An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street or place line and the main building or any projections thereof other than projections permitted in the district regulations in Article III of this chapter. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.[5]
A yard extending across the rear of a lot and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. On all lots, the rear yard shall be in the rear of the front yard.
A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building or any projections thereto.
§ 285-4 Districts.
For the purpose of this chapter, the Village is hereby divided into districts, of which there shall be seven in number, as follows:
R-1 | Single-Family Residence District |
R-2 | Single-Family Residence District |
R-3 | Two-Family Residence District |
R-4 | Multiple Dwelling District |
C | Commercial District |
M-1 | Light Industrial District |
M-2 | Heavy Industrial District |
§ 285-5 Basic requirements.
Except as hereinafter specifically provided:
A.
Use of land. No land shall be used except for a purpose permitted in the district in which it is located.
B.
Off-street parking and loading. No building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the district in which such building is located.
C.
Area. No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located.
D.
Height. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building is located.
E.
Use of buildings. No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the district in which such building is located.
F.
Yards and open space; encroachments. The minimum yards, parking spaces, and open spaces, including lot area per family, required by this chapter for each and every building existing at the time of passage of this chapter, or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this chapter for the district in which such lot is located.
G.
Lots and principal buildings. Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than one main building on one lot except as specifically provided hereinafter.
§ 285-6 District Map.
The boundaries of these districts are shown upon the map made a part of this chapter, which map is designated as the "District Map." The District Map and all the notations, references, and other information shown thereon are a part of this chapter and have the same force and effect as if the District Map and all the notations, references, and other information shown thereon were all fully set forth or described therein, which District Map is attached hereto and made a part of this chapter by reference.[1]
[1]
Editor's Note: The District Maps are included as attachments to this chapter.
§ 285-7 District boundaries.
A.
The district boundary lines on said map are intended to follow either street or alley or lot lines, and where the districts designated on the map are bounded approximately by such street, alley or lot lines, the street or alley or lot shall be construed to be the boundary of the district unless such boundary is otherwise indicated on the map. In the case of unsubdivided property, the district boundary lines shall be determined by the use of the scale appearing on the District Map or by dimensions.
B.
Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of the railroad line.
§ 285-8 Annexations.
All territory which may hereafter be annexed to the Village shall be automatically classified in the R-1 Single-Family District until otherwise changed by ordinance, after a public hearing.
§ 285-9 Vacations.
Whenever any street, alley, or other public way is vacated by official action of the Village Board, the zoning district adjoining each side of the street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.
§ 285-10 Areas of water.
All areas within the corporate limits of the Village which are under water and not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoins the water area. Where the water area adjoins two or more districts, the boundaries of each district shall be construed to extend to the center of the water area.
§ 285-11 Height regulations.
A.
Public, semi-public or public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding 60 feet and churches and temples may be erected to a height not exceeding 75 feet when the required side and rear yards are each increased by one foot for each foot of additional building height above the height regulations for the district in which the building is located.
B.
The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors and flag poles.
C.
The limitation on number of stories shall not apply to buildings used exclusively for storage purposes, provided such buildings do not exceed the height in feet permitted in the district in which they are located.
§ 285-12 R-1 Single-Family Residence District.
A.
Use regulations. A building or premises in the R-1 District shall be used only for the following purposes:
(1)
Single-family dwelling.
(2)
Publicly owned or operated park, playground or community building, museum, library or art gallery, provided that any such building shall be located not less than 25 feet from any side lot line.
(3)
Public school, elementary and high, or a private school having a curriculum the same as ordinarily given in a public school, provided that any such building shall be located not less than 40 feet from any side or rear lot line.
(4)
Church or other place of worship or Sunday School, provided that any such building shall be located not less than 20 feet from any side lot line.
(5)
A church or public bulletin board or temporary sign appertaining to the lease, hire or sale of a building or premises, which bulletin board shall not exceed 20 square feet in area, nor shall a temporary sign exceed 50 square feet in area.
(6)
Farming and truck gardening, provided that any structure or enclosure for the shelter of livestock and poultry shall be located not less than 50 feet from any street or lot line and shall be on a lot of not less than two acres in size. No chickens, ducks, quail, geese, turkeys, pigeons or any other domesticated or feral bird not enclosed in a cage within the residence or kept within the residence at all times shall be permitted. Also, no rabbits, or other rodents, or any other feral nondomesticated animal, except those kept within the residence at all times, shall be permitted.
[Amended 7-15-2003 by Ord. No. 491]
(7)
Country club or golf course, except a miniature golf course or practice driving range operated for commercial purposes.
(8)
Accessory building or use, including a private garage customarily incident to the above uses, but not involving the conduct of a business.
(9)
Home occupation.
(10)
In rear yards and side yards fences shall not exceed seven feet in height from ground level and in front yards shall not extend 42 inches in height within 25 feet of the front lot line. All fences shall be constructed so that they will not obscure vision at intersections or otherwise constitute a traffic hazard. Maintenance of both sides of the fence shall be the responsibility of the property owner. The decorative side of the fence shall face outward from the lot upon which the fence stands. Fences shall not be constructed from scrap materials or remnants and shall not be kept in a unsightly manner. Fences shall be constructed in a manner so that they can withstand pressure from wind, rain, snow and the elements. A building permit shall be required in the amount of $10 for a permit to construct a fence, and a permit so issued shall be valid for 90 days. Fences constructed prior to the effective date of this chapter shall be conforming uses as defined by this chapter.
[Added 12-2-2008 by Ord. No. 551]
(11)
All swimming pools shall be enclosed with a fence not less than five feet in height measured from ground level, and the fence shall fully enclose the swimming pool to prevent access to the swimming pool from a front yard, a neighboring side yard or a neighboring rear yard. If gates are part of the enclosure, they shall be self-closing, latching gates opening outward, with the latch on the inside face of the gate.
[Added 12-2-2008 by Ord. No. 551]
(12)
A swimming pool is permitted within an R-1 Single-Family Residence District so long as it is located in a side yard or rear yard and is enclosed with a solid barrier with a minimum height of 48 inches from the ground level on all sides of the swimming pool, including any area in which are located pumps, diving boards, ladders or other items of personal property related to the use of the swimming pool. All property used in connection with the swimming pool shall be located within the forty-eight-inch barrier. The barrier shall have a gate which is self-closing and latches or locks from the inside only. A swimming pool shall not include a hot tub or Jacuzzi or any similar device designed for sedentary enjoyment of the user of heated water and thermal jets. Swimming pools shall be permitted only in R-1 Single-Family Residence Districts, R-2 Single-Family Residence Districts, R-3 Two-Family Residence Districts and R-4 Multiple Dwelling Districts.
[Added 1-18-2011 by Ord. No. 580]
B.
Building height. No building or structure shall hereafter be erected, altered, or enlarged to exceed 2 1/2 stories nor to exceed 35 feet.
C.
Areas. No building or structure shall hereafter be erected or enlarged which would conflict with the following requirements for yards and lot areas and coverage of lot:
(1)
Front yard.
(a)
The minimum depth of the front yard shall be 30 feet.
(b)
When 40% or more of the frontage on one side of the street between two intersecting streets is improved with buildings that have a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established.
(c)
On lots having double frontage, the required front yard shall be provided on both streets.
(d)
In a residential district, no fence, structure or planting higher than 3 1/2 feet above the established street grades shall be established within 20 feet of any street intersection.
(e)
An open, uncovered porch or paved terrace may project into a required front yard for a distance of not more than 10 feet. An enclosed vestibule or fixed canopy with a floor area of not more than 40 square feet may project into a required front yard for a distance not to exceed four feet.
(2)
Side yards.
(a)
The minimum side yard on either side shall be seven feet. The width of aggregate side yards shall be 14 feet.
(b)
On a corner lot, the width of the yard along the side street shall not be less than 25 feet; provided, however, that the buildable width of a lot of record shall not be reduced to less than 32 feet.
(c)
No accessory building shall project beyond a required yard line along any street.
(d)
Where dwelling units are erected above a commercial establishment, no side yard is required except when required for the commercial building on the side of a lot adjoining a residence district.
(e)
A porte-cochere or canopy may project into a required side yard, provided every part of such porte-cochere or canopy is unenclosed and not less than five feet from any side lot line.
(f)
Where a lot of record at the time of the effective date of this chapter (9-27-1965) is less than 40 feet in width, the required side yard may be reduced to 10% of the width of the lot; provided, however, that no side yard shall be less than three feet.
(3)
Rear yard.
(a)
There shall be a rear yard having a minimum depth of 35 feet.
(b)
Where a lot abuts upon an alley, 1/2 the alley width may be considered as part of the required rear yard.
(c)
The ordinary projections of sills, belt courses, cornices and ornamental features may extend a distance not to exceed 18 inches into a required yard.
(d)
Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard may be permitted by the Zoning Inspector for a distance not to exceed five feet when these are so placed as not to obstruct light and ventilation.
(4)
Minimum lot width. The minimum lot width in the R-1 District shall be not less than 60 feet.
(5)
Lot area.
(a)
The minimum lot area per family shall be 7,500 square feet.
(b)
Where a lot of record at the time of the effective date of this chapter (9-27-1965) has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, the lot may nonetheless be used for a one-family dwelling or for any non-dwelling use permitted in the district in which it is located.
(6)
Accessory buildings. An accessory building not exceeding 20 feet in height may occupy not to exceed 30% and unenclosed parking spaces may occupy not to exceed 90% of the area of a required rear yard, but no accessory building shall be closer than 10 feet to the main building nor closer than three feet to any rear lot line.
§ 285-13 R-2 Single-Family Residence District.
A.
Use regulations. The use regulations in the R-2 District are the same as those in the R-1 Single-Family Residence District.
B.
Building height. No building or structure shall hereafter be erected, altered, or enlarged to exceed 2 1/2 stories nor to exceed 25 feet.
C.
Areas. No building or structure shall hereafter be erected or enlarged which would conflict with the following requirements for yards and lot areas and coverage of lot:
(1)
Front yard:
(a)
The minimum depth of the front yard shall be 25 feet.
(b)
When 40% or more of the frontage on one side of the street between two intersecting streets is improved with buildings that have a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established.
(c)
On lots having double frontage, the required front yard shall be provided on both streets.
(d)
In a residential district, no fence, structure or planting higher than 3 1/2 feet above the established street grades shall be established within 20 feet of any street intersection.
(e)
An open, uncovered porch or paved terrace may project into a required front yard for a distance of not more than 10 feet. An enclosed vestibule or fixed canopy with a floor area of not more than 40 square feet may project into a required front yard for a distance not to exceed four feet.
(2)
Side yards.
(a)
The minimum side yard on either side shall be five feet. The width of aggregate side yards shall be 12 feet.
(b)
On a corner lot, the width of the yard along the side street shall not be less than any required front yard on such street; provided, however, that the buildable width of a lot of record shall not be reduced to less than 32 feet.
(c)
No accessory building shall project beyond a required yard line along any street.
(d)
Where dwelling units are erected above a commercial establishment, no side yard is required except when required for the commercial building on the side of a lot adjoining a residence district.
(e)
A porte-cochere or canopy may project into a required side yard, provided every part of such porte-cochere or canopy is unenclosed and not less than five feet from any side lot line.
(f)
Where a lot of record at the time of the effective date of this chapter (9-27-1965) is less than 40 feet in width, the required side yard may be reduced to 10% of the width of the lot; provided, however, that no side yard shall be less than three feet.
(3)
Rear yard.
(a)
There shall be a rear yard having a minimum depth of 30 feet.
(b)
Where a lot abuts upon an alley, 1/2 the alley width may be considered as part of the required rear yard.
(c)
The ordinary projections of sills, belt courses, cornices and ornamental features may extend a distance not to exceed 18 inches into a required yard.
(d)
Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard may be permitted by the Zoning Inspector for a distance not to exceed five feet when these are so placed as not to obstruct light and ventilation.
(4)
Minimum lot width. The minimum lot width in the R-2 District shall be not less than 50 feet.
(5)
Lot area.
(a)
The minimum lot area per family shall be 6,000 square feet.
(b)
Where a lot of record at the time of the effective date of this chapter (9-27-1965) has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, the lot may nonetheless be used for a one-family dwelling or for any non-dwelling use permitted in the district in which it is located.
(6)
Accessory buildings. An accessory building not exceeding 20 feet in height may occupy not to exceed 30% and unenclosed parking spaces may occupy not to exceed 90% of the area of a required rear yard, but no accessory building shall be closer than 10 feet to the main building nor closer than three feet to any rear lot line.
§ 285-14 R-3 Two-Family Residence District.
B.
Building height. No building or structure shall hereafter be erected, altered, or enlarged to exceed 2 1/2 stories nor to exceed 35 feet.
C.
Areas. No building or structure shall hereafter be erected or enlarged which would conflict with the following requirements for yards and lot areas and coverage of lot:
(1)
Front yard.
(a)
The minimum depth of the front yard shall be 25 feet.
(b)
When 40% or more of the frontage on one side of the street between two intersecting streets is improved with buildings that have a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established.
(c)
On lots having double frontage, the required front yard shall be provided on both streets.
(d)
In a residential district, no fence, structure or planting higher than 3 1/2 feet above the established street grades shall be established within 20 feet of any street intersection.
(e)
An open, uncovered porch or paved terrace may project into a required front yard for a distance of not more than 10 feet. An enclosed vestibule or fixed canopy with a floor area of not more than 40 square feet may project into a required front yard for a distance not to exceed four feet.
(2)
Side yards.
(a)
The minimum side yard on either side shall be five feet. The width of aggregate side yards shall be 12 feet.
(b)
For the purpose of side yard regulations, a two-family dwelling or multiple dwelling shall be considered as one building occupying one lot.
(c)
On a corner lot, the width of the yard along the side street shall not be less than any required front yard on such street; provided, however, that the buildable width of a lot of record shall not be reduced to less than 32 feet.
(d)
No accessory building shall project beyond a required yard line along any street.
(e)
Where dwelling units are erected above a commercial establishment, no side yard is required except when required for the commercial building on the side of a lot adjoining a residence district.
(f)
A porte-cochere or canopy may project into a required side yard, provided every part of such porte-cochere or canopy is unenclosed and not less than five feet from any side lot line.
(g)
Where a lot of record at the time of the effective date of this chapter (9-27-1965) is less than 40 feet in width, the required side yard may be reduced to 10% of the width of the lot; provided, however, that no side yard shall be less than three feet.
(3)
Rear yard.
(a)
There shall be a rear yard having a minimum depth of 25 feet.
(b)
Where a lot abuts upon an alley, 1/2 the alley width may be considered as part of the required rear yard.
(c)
The ordinary projections of sills, belt courses, cornices and ornamental features may extend a distance not to exceed 18 inches into a required yard.
(d)
Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard may be permitted by the Zoning Inspector for a distance not to exceed five feet when these are so placed as not to obstruct light and ventilation.
(4)
Minimum lot width. The minimum lot width in the R-3 District shall be not less than 50 feet.
(5)
Lot area.
(a)
The minimum lot area per family shall be 5,000 square feet.
(b)
Where a lot of record at the time of the effective date of this chapter (9-27-1965) has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, the lot may nonetheless be used for a one-family dwelling or for any non-dwelling use permitted in the district in which it is located.
(6)
Accessory buildings. An accessory building not exceeding 20 feet in height may occupy not to exceed 30% and unenclosed parking spaces may occupy not to exceed 90% of the area of a required rear yard, but no accessory building shall be closer than 10 feet to the main building nor closer than three feet to any rear lot line.
§ 285-15 R-4 Multiple Dwelling District.
A.
Use regulations. A building or premises in the R-4 District shall be used only for the following purposes:
(1)
Any use permitted in the R-3 Two-Family Residence District.
(2)
Multiple dwelling.
(3)
Rooming house or boardinghouse.
(4)
Institutions of a religious, educational, eleemosynary or philanthropic nature, but not a penal or mental institution.
(5)
Hospital or sanatorium, except a criminal, mental or animal hospital.
(6)
Nursing or convalescent home.
(7)
Private club, fraternity, sorority or lodge, except one the chief activity of which is a service customarily carried on as a business.
(8)
Tourist home, when located on an officially designated federal highway.
(9)
Accessory building or use customarily incidental to any of the above uses, including a storage garage on a lot occupied by a multiple dwelling, hospital or institution.
B.
Building height. No building or structure shall hereafter be erected, altered, or enlarged to exceed three stories nor to exceed 45 feet. A building may be erected to a height of six stories and 75 feet if set back from all required yard lines a distance of one foot for each foot of additional height above 45 feet.
C.
Areas. No building or structure shall hereafter be erected or enlarged which would conflict with the following requirements for yards and lot areas and coverage of lot:
(1)
Front yard.
(a)
The minimum depth of the front yard shall be 25 feet.
(b)
When 40% or more of the frontage on one side of the street between two intersecting streets is improved with buildings that have a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established.
(c)
On lots having double frontage, the required front yard shall be provided on both streets.
(d)
In a residential district, no fence, structure or planting higher than 3 1/2 feet above the established street grades shall be established within 20 feet of any street intersection.
(e)
An open, uncovered porch or paved terrace may project into a required front yard for a distance of not more than 10 feet. An enclosed vestibule or fixed canopy with a floor area of not more than 40 square feet may project into a required front yard for a distance not to exceed four feet.
(2)
Side yards.
(a)
The minimum side yard on either side shall be five feet. The width of aggregate side yards shall be 12 feet for buildings of less than three stories in height. For three-story buildings, side yards of eight feet shall be required.
(b)
For the purpose of side yard regulations, a two-family dwelling or multiple dwelling shall be considered as one building occupying one lot.
(c)
On a corner lot, the width of the yard along the side street shall not be less than any required front yard on such street; provided, however, that the buildable width of a lot of record shall not be reduced to less than 32 feet.
(d)
No accessory building shall project beyond a required yard line along any street.
(e)
Where dwelling units are erected above a commercial establishment, no side yard is required except when required for the commercial building on the side of a lot adjoining a residence district.
(f)
A porte-cochere or canopy may project into a required side yard, provided every part of such porte-cochere or canopy is unenclosed and not less than five feet from any side lot line.
(g)
Where a lot of record at the time of the effective date of this chapter (9-27-1965) is less than 40 feet in width, the required side yard may be reduced to 10% of the width of the lot; provided, however, that no side yard shall be less than three feet.
(3)
Rear yard.
(a)
There shall be a rear yard having a minimum depth of 25 feet.
(b)
Where a lot abuts upon an alley, 1/2 the alley width may be considered as part of the required rear yard.
(c)
The ordinary projections of sills, belt courses, cornices and ornamental features may extend a distance not to exceed 18 inches into a required yard.
(d)
Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard may be permitted by the Zoning Inspector for a distance not to exceed five feet when these are so placed as not to obstruct light and ventilation.
(4)
Minimum lot width. The minimum lot width in the R-4 District shall be not less than 50 feet.
(5)
Lot area.
(a)
The minimum lot area for a one-family dwelling shall be 5,000 square feet. For a two-family dwelling it shall be 2,500 square feet per family. For a multiple-family dwelling it shall be 1,500 square feet per family.
(b)
Where a lot of record at the time of the effective date of this chapter (9-27-1965) has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, the lot may nonetheless be used for a one-family dwelling or for any non-dwelling use permitted in the district in which it is located.
(6)
Accessory buildings. An accessory building not exceeding 20 feet in height may occupy not to exceed 30% and unenclosed parking spaces may occupy not to exceed 90% of the area of a required rear yard, but no accessory building shall be closer than 10 feet to the main building nor closer than three feet to any rear lot line.
§ 285-16 C Commercial District.
A.
Use regulations. A building or premises in the C District shall be used only for the following purposes:
(1)
Any use permitted in the R-4 Multiple Dwelling District.
(2)
Amusement place or theater; provided, however, that no theater shall be erected or reconstructed on a new site unless there is provided on the same lot, or within 300 feet thereof, a space for off-street parking which contains an area adequate to accommodate one automobile for every four seats in the theater.
(3)
Bank.
(4)
Barbershop or beauty parlor.
(5)
Bakery.
(6)
Business or commercial school or dancing or music academy.
(7)
Catering establishment.
(8)
Dyeing and cleaning works.
(9)
Electrical repair shop.
(10)
Filling station.
(11)
Florist shop.
(12)
Hospital and clinic for animals.
(13)
Hotel.
(14)
Laundry.
(15)
Lodge hall.
(16)
Messenger or telegraph service station or telephone exchange.
(17)
Office.
(18)
Painting and decorating shop.
(19)
Parking lot.
(20)
Photographer's or artist's studio.
(21)
Plumbing shop.
(22)
Public garage and automobile sales room.
(23)
Recreation building.
(24)
Restaurant.
(25)
Sales or show room.
(26)
Store or shop for the conduct of a retail business.
(27)
Shoe repair shop.
(28)
Tailor shop.
(29)
Tinsmithing shop.
(30)
Tire repair shop.
(31)
Undertaking establishment.
(32)
Used car sales or storage lot.
(33)
Printing and forms manufacturing.
B.
Area regulations.
(2)
Side yard. No side yard is required except on the side of a lot adjoining an R-1, R-2, R-3 or R-4 District, in which case there shall be a side yard of not less than 10 feet; provided, however, that if a side yard is provided it shall not be less than three feet in width.
(3)
Rear yard. No rear yard shall be required except where a lot abuts an R-1, R-2, R-3 or R-4 District, in which event there shall be a rear yard of not less than 25 feet.
(4)
Sign. One directional or name sign or sign advertising products sold on the premises may occupy required yards in a district where such sign is permitted by the use regulations of this chapter, provided such sign is not more than 35 square feet in area and in the C Commercial District, and does not contain flashing, intermittent nor moving illumination.
(5)
Filling station pumps and pump islands may be located within a required yard, provided they are not less than 15 feet from any street line and not less than 50 feet from the boundary of any R District.
C.
Parking regulations.
(1)
The parking regulations for dwellings are the same as those in the R-4 Multiple Dwelling District.
(2)
Commercial buildings hereafter erected shall provide permanent parking spaces on the lot in the ratio of one parking space for each 300 square feet of floor space in the building; provided, however, that two or more establishments may provide necessary parking spaces upon a single parcel of land within the Commercial District and within 300 feet of the establishment.
D.
Residential units of any type are not allowed on the first floor of any and all buildings within the business district, which includes McCoy Street. This shall specifically include any and all storefronts.
[Added 4-6-2021 by Ord. No. 731]
§ 285-17 M-1 Light Industrial District.
A.
Use regulations. A building or premises in the M-1 District shall be used only for the following purposes:
(1)
Any use permitted in the C Commercial District.
(2)
Bottling works.
(3)
Carting, express, hauling or storage yard.
(4)
Contractor's yard.
(5)
Coal, coke or wood yard.
(6)
Auto wrecking yard and junkyard but only when the premises upon which such activities are conducted are wholly enclosed within a building or by a wooden fence not less than eight feet in height and in which the openings or cracks are less than 14% of the total area.
(7)
Assembly and manufacture from prefabricated parts of household appliances, electronic products and similar products or the processing or assembling of parts for production of finished equipment.
(8)
Petroleum storage, but only after the location and treatment of the premises have been approved by the Chief of the Fire Department.
(9)
Drive-in theater.
(10)
Sporting and athletic equipment manufacture.
(11)
Industrial and manufacturing plants where the process of manufacturing or treatment of materials is such that only a nominal amount of dust, odor, gas, smoke, or noise is emitted and not more than 10% of the lot or tract is used for the open storage of products, materials or equipment.
B.
Building height. No building or structure shall hereafter be erected, altered, or enlarged to exceed 10 stories nor to exceed 125 feet. Whenever a building in an M District adjoins or abuts an R District, within 100 feet therefrom, such building shall not exceed three stories or 45 feet in height unless it is set back one foot from the required side and rear yard lines for each foot of additional height above 45 feet.
C.
Areas. No building or structure shall hereafter be erected or enlarged which would conflict with the following requirements for yards and lot areas and coverage of lot:
(1)
Front yard.
(a)
The minimum depth of the front yard shall be 25 feet.
(b)
When 40% or more of the frontage on one side of the street between two intersecting streets is improved with buildings that have a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established.
(d)
An open, uncovered porch or paved terrace may project into a required front yard for a distance of not more than 10 feet. An enclosed vestibule or fixed canopy with a floor area of not more than 40 square feet may project into a required front yard for a distance not to exceed four feet.
(e)
Filling station pumps and pump islands may be located within a required yard ,provided they are not less than 14 feet from any street line and not less than 50 feet from the boundary of any R District.
(2)
Side yards.
(a)
The minimum side yard requirement on the side of a lot adjoining a residence district shall be five feet, and a side yard of not less than five feet shall be provided bordering on any C District and of not less than 10 feet bordering on any M District.
(b)
On a corner lot, the width of the yard along the side street shall not be less than any required front yard on such street; provided, however, that the buildable width of a lot of record shall not be reduced to less than 32 feet.
(c)
No accessory building shall project beyond a required yard line along any street.
(d)
Where dwelling units are erected above a commercial establishment, no side yard is required except when required for the commercial building on the side of a lot adjoining a residence district.
(e)
A porte-cochere or canopy may project into a required side yard, provided every part of such porte-cochere or canopy is unenclosed and not less than five feet from any side lot line.
(f)
Where a lot of record at the time of the effective date of this chapter (9-27-1965) is less than 40 feet in width, the required side yard may be reduced to 10% of the width of the lot; provided, however, that no side yard shall be less than three feet.
(3)
Rear yard.
(a)
The minimum depth of a rear yard shall be 25 feet when it adjoins a residence district.
(b)
Where a lot abuts upon an alley, 1/2 the alley width may be considered as part of the required rear yard.
(c)
The ordinary projections of sills, belt courses, cornices and ornamental features may extend a distance not to exceed 18 inches into a required yard.
(d)
Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard may be permitted by the Zoning Inspector for a distance not to exceed five feet when these are so placed as not to obstruct light and ventilation.
(4)
Minimum lot width. The minimum lot width in the M-1 District shall be not less than 50 feet.
(5)
Lot area.
(a)
The minimum lot area for a one-family dwelling shall be 5,000 square feet. For a two-family dwelling, it shall be 2,500 square feet per family. For a multiple-family dwelling, it shall be 1,500 square feet per family.
(b)
Where a lot of record at the time of the effective date of this chapter (9-27-1965) has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, the lot may nonetheless be used for a one-family dwelling or for any non-dwelling use permitted in the district in which it is located.
(6)
Accessory buildings. An accessory building not exceeding 20 feet in height may occupy not to exceed 30% and unenclosed parking spaces may occupy not to exceed 90% of the area of a required rear yard, but no accessory building shall be closer than 10 feet to the main building nor closer than three feet to any rear lot line.
§ 285-18 M-2 Heavy Industrial District.
A.
Use regulations. Any building or premises in the M-2 District may be used for any purpose not in conflict with any ordinance of the Village regulating nuisances; provided, however, that no building shall be erected, reconstructed, or structurally altered for residential purposes, except for resident watchmen and caretakers employed on the premises; and provided further that no building or occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been approved by the Village Board after a report by the Department of Public Works and the Chief of the Fire Department.
(1)
Acid manufacture.
(2)
Cement, concrete, lime, gypsum or plaster of paris manufacture.
[Amended 6-1-2021 by Ord. No. 733]
(3)
Distillation of bones and glue manufacture.
(4)
Explosive manufacture or storage.
(5)
Fat rendering and fertilizer manufacture.
(6)
Garbage, offal, or dead animals, reduction or dumping.
(7)
Petroleum, or its products, refining of.
(8)
Smelting of tin, copper, zinc, or iron ores.
(9)
Stockyard or slaughter of animals.
B.
Building height. No building or structure shall hereafter be erected, altered, or enlarged to exceed 10 stories nor to exceed 125 feet. Whenever a building in an M District adjoins or abuts an R District, within 100 feet therefrom such building shall not exceed three stories or 45 feet in height unless it is set back one foot from the required side and rear yard lines for each foot of additional height above 45 feet.
C.
Areas. No building or structure shall hereafter be erected or enlarged which would conflict with the following requirements for yards and lot areas and coverage of lot:
(1)
Front yard.
(a)
The minimum depth of the front yard shall be 25 feet.
(b)
When 40% or more of the frontage on one side of the street between two intersecting streets is improved with buildings that have a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established.
(d)
An open, uncovered porch or paved terrace may project into a required front yard for a distance of not more than 10 feet. An enclosed vestibule or fixed canopy with a floor area of not more than 40 square feet may project into a required front yard for a distance not to exceed four feet.
(e)
Filling station pumps and pump islands may be located within a required yard, provided they are not less than 14 feet from any street line and not less than 50 feet from the boundary of any R District.
(2)
Side yards.
(a)
The minimum side yard requirement on the side of a lot adjoining a residence district shall be five feet, and a side yard of not less than five feet shall be provided bordering on any C District and of not less than 10 feet bordering on any M District.
(b)
On a corner lot, the width of the yard along the side street shall not be less than any required front yard on such street; provided, however, that the buildable width of a lot of record shall not be reduced to less than 32 feet.
(c)
No accessory building shall project beyond a required yard line along any street.
(d)
Where dwelling units are erected above a commercial establishment, no side yard is required except when required for the commercial building on the side of a lot adjoining a residence district.
(e)
A porte-cochere or canopy may project into a required side yard, provided every part of such porte-cochere or canopy is unenclosed and not less than five feet from any side lot line.
(f)
Where a lot of record at the time of the effective date of this chapter (9-27-1965) is less than 40 feet in width, the required side yard may be reduced to 10% of the width of the lot; provided, however, that no side yard shall be less than three feet.
(3)
Rear yard.
(a)
There is no minimum depth of rear yard required except on the rear of a lot adjoining a residence district, in which case a rear yard of not less than 25 feet shall be provided.
(b)
Where a lot abuts upon an alley, 1/2 the alley width may be considered as part of the required rear yard.
(c)
The ordinary projections of sills, belt courses, cornices and ornamental features may extend a distance not to exceed 18 inches into a required yard.
(d)
Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard may be permitted by the Zoning Inspector for a distance not to exceed five feet when these are so placed as not to obstruct light and ventilation.
(4)
Minimum lot width. The minimum lot width in the M-2 District shall be not less than 50 feet.
(5)
Lot area. The minimum lot area shall be 5,000 square feet.
§ 285-19 Off-street parking.
In all districts there shall be provided at the time any building or structure is erected or structurally altered (except as specified in § 285-20 of this article), off-street parking spaces in accordance with the following requirements:
Use | Number of Parking Spaces Required |
|---|---|
Dwellings, including single- and two-family and multiple | 1 for each dwelling unit |
Rooming, lodging or boarding house | 1 for each 2 sleeping rooms |
Fraternity or sorority | 1 for each 6 beds |
Private club or lodge | 1 for every 10 members |
Church or temple | 1 for each 8 seats in the main auditorium |
School (except high school or college) | 1 for each 10 seats in the auditorium or main assembly room, or 1 space for each classroom, whichever is greater |
College or high school | 1 for each 8 seats in the main auditorium or 3 spaces for each classroom, whichever is greater |
Country club or golf club | 1 for each 5 members |
Community center, library, museum, or art gallery | 10, plus 1 additional space for each 300 square feet of floor area in excess of 2,000 square feet |
Hospital | 1 for each 4 beds |
Sanatorium, convalescent home, home for the aged or similar institution | 1 for each 6 beds |
Theater or auditorium (except school) | 1 for each 5 seats or bench seating space |
Sports arena, stadium or gymnasium | 1 for each 5 seats or seating spaces |
Hotel | 1 for each 3 sleeping rooms or suites, plus 1 for each 200 square feet of commercial floor area contained therein |
Tourist home, cabin or motel | 1 for each sleeping room or suite |
Dance hall, assembly or exhibition hall without fixed seats | 1 for each 100 square feet of floor area used therefor |
Business or professional office, studio, bank, medical or dental clinic | 3, plus 1 additional for each 400 square feet of floor area over 1,000 square feet |
Bowling alley | 5 for each alley |
Mortuary or funeral home | 1 for each 50 square feet of floor space in slumber rooms, parlors or individual funeral service rooms |
Restaurant, night club, cafe or similar recreation or amusement establishment | 1 for each 100 square feet of floor area |
Retail store or personal service establishment, except as otherwise specified herein | 1 for each 200 square feet of floor area |
Furniture or appliance store, hardware store, wholesale establishment, machinery or equipment sales and service, clothing or shoe repair or service shop | 2 for each 300 square feet of floor area over 1,000 square feet |
Printing or plumbing shop or similar service establishment | 1 for each 3 persons employed therein |
Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse or similar establishment | 1 for each 2 employees on the maximum working shift, plus space to accommodate all trucks and other vehicles used in connection therewith |
§ 285-20 Computation of parking spaces.
In computing the number of such parking spaces required, the following rules shall govern:
A.
"Floor area" shall mean the gross floor area of a specific use.
B.
Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
C.
The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.
D.
Whenever a building or use constructed or established after the effective date of this chapter (9-27-1965) is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of 10% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this chapter is enlarged to the extent of 50% or more in floor area or in the area used, the building or use shall then and thereafter comply with the parking requirements set forth herein.
E.
In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
§ 285-21 Location of required parking spaces.
A.
All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such 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 an institutional building served and not to exceed 500 feet from any other nonresidential buildings served.
B.
Not more than 50% of the parking spaces required for theaters, bowling alleys, dance halls, night clubs or cafes, and up to 100% of the parking spaces required for a church or school auditorium may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as the theater, bowling alley, dance hall, night club or cafe, church or school auditorium; provided, however, that written agreement thereto is properly executed and filed as specified below.
C.
In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement to assure their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form and executed by the Village Attorney and shall be filed with the application for a building permit.
§ 285-22 Loading space requirements.
Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary, or any other use similarly involving the receipt of or distribution of vehicles of materials or merchandise, shall provide and maintain, on the same premises, loading space in accordance with the following requirements: In the C Commercial District and in the M-1 and M-2 Industrial Districts one loading space for each 10,000 square feet or fraction thereof of floor area in the building.
§ 285-23 Special uses.
A.
The Village Board, by an affirmative two-thirds vote, may by resolution grant a special permit for the following special uses in any district, except as herein qualified, which are otherwise prohibited by this chapter, and may impose appropriate conditions and safeguards, including a specified period of time for the permit, to conserve and protect property values in the neighborhood:
(1)
Airport, landing field or landing strip for aircraft.
(2)
Amusement park, but not within 300 feet of any R District.
(3)
Cemetery or mausoleum.
(4)
Circus or carnival grounds, but not within 300 feet of any R District.
(5)
Commercial, recreational or amusement development for temporary or seasonal periods.
(6)
Hospital, clinic or institution, provided that any hospital or institution permitted in any R District shall be located on a site of not less than five acres, shall not occupy more than 10% of the total lot area and shall be set back from all yard lines at least two feet for each foot of building height.
(7)
Privately operated community building or recreation field.
(8)
Any public or government building.
(9)
Radio or television broadcasting tower or station.
(10)
Drive-in theater in the C Commercial District.
(11)
Tourist or trailer camp in the C Commercial District or the M-1 Light Industrial District and its extension into an abutting residential district, provided such tourist or trailer camp shall comply with the following and such additional requirements as may be deemed necessary for proper development and the protection of the surrounding area:
(a)
All appropriate state and county sanitation regulations shall be strictly observed.
(b)
At least 1,500 square feet of lot area per trailer shall be provided; no trailer shall be parked closer to the street or highway than the required front yard setback or closer than 20 feet to any property line; and a clearance of not less than 14 feet shall be maintained between trailer coaches on all sides.
(c)
Trailer coach spaces shall abut upon a hard-surfaced driveway or accessory drive of not less than 25 feet in width.
(d)
Service building or other facilities for bathing, laundry and sanitation, as required by the state and local health regulations, shall be located at least 20 feet from the side and rear lot lines and shall be accessible to all trailer coaches by means of the access drives or hard-surfaced walks.
(e)
Wherever practicable, space shall be reserved for recreation and a playground.
B.
Before authorization of any of the above special uses, the request therefor shall be referred to the Village Zoning Committee for study. A public hearing shall be held in relation thereto before the Village Zoning Committee. Notice and publication of the time and place for the hearing shall conform to the procedure prescribed in Article XI for hearing amendments. If no report is transmitted within 60 days of the notification, the Village Board may take action without further awaiting such report.
C.
Any proposed special use shall otherwise comply with all the regulations set forth in this chapter for the district in which such use is located, except that the Village Board may permit hospitals and institutions to exceed the height limitations of such district.
§ 285-24 Temporary buildings.
Temporary buildings used in conjunction with construction work only may be permitted in any district during the period that the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.
§ 285-25 Railroads and utilities.
Existing railroads and utilities may continue to be operated and maintained in dwelling and commercial districts, but no new railroad or utility structure other than the usual poles, wires and underground utilities shall be established in such districts except when so authorized by the Village Board after report by the Board of Appeals.
§ 285-26 Residence development plans.
An authorized agency of the municipal, county, state or federal government or the owner or owners of any tract of land comprising an area of not less than 10 acres may submit to the Village Board a plan for the use and development of all of the tract of land for residential and allied purposes. The development plan shall be referred to the Village Zoning Committee for study and report and for public hearings. Notice and publication of such public hearings shall conform to the procedures prescribed in Article XI for hearings on changes and amendments. If the Village Zoning Committee approves the plans, these shall then be submitted to the Village Board for consideration and action. The approval and recommendations of the Village Zoning Committee shall be accompanied by a report stating the reasons for approval of the application and specific evidence and facts showing that the proposed plan meets the following conditions:
A.
The property adjacent to the area included in the plan will not be adversely affected, and to this end the Village Board may require, in the absence of an appropriate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the project.
B.
The plan is consistent with the intent and purposes of this chapter to promote public health, safety, morals and general welfare.
C.
The buildings shall be used only for single-family dwellings, two-family dwellings, or multiple dwellings, and for the usual accessory uses as private or storage garages, storage space, and for community activities, including churches.
D.
The average lot area per family contained in the site, exclusive of the area occupied by streets, will not be less than the lot area per family required in the district in which the development is located.
§ 285-26.1 Utility solar energy systems (USES).
[Added 11-5-2018 by Ord. No. 704]
A.
Purpose and intent. The purpose of these regulations is to provide a uniform and comprehensive set of standards for the installation and use of USES designed for commercial energy production. The intent of these regulations is to protect the public health, safety, and community welfare while allowing development of solar energy resources for commercial purposes.
B.
Petition. All procedures and standards included in and related to special uses shall apply unless otherwise stated in this article. In addition, before the petition for a special use permit can be issued, the following shall be submitted to the Village of Granville Zoning Officer for review by the Planning Commission, the Zoning Board of Appeals and the Village of Granville Board:
(1)
A written summary of the project, including a general description of the project including its approximate generating capacity.
(2)
The name(s), address(s) and phone number(s) of the owner and/or USES operator.
(3)
A site plan of the USES site showing:
(a)
Boundaries of the site;
(b)
All proposed USES structures: solar panels, substations, interconnect substation, location of all transmission lines, ancillary equipment, wells, septic fields, field tile location map, existing easements, floodplain location and elevation and wetland(s) location, if any;
(c)
Property lines;
(d)
Setback lines;
(e)
Location of all existing structures with their uses identified.
(4)
The site and emergency plan shall be submitted to the local fire protection district(s) and/or department(s) whose jurisdiction is included in whole or in part within the USES project area. Any specialized training shall be provided at the owner/operator's expense.
(5)
All required studies, reports, certifications and approvals demonstrating compliance with the provisions of this section.
(6)
After an approved final inspection of all building permit(s), a certificate of occupancy shall be issued.
C.
Special requirements. USES are subject to the following requirements:
(1)
Height: shall not exceed 30 feet at maximum tilt of the solar panel(s).
(3)
Fencing. A fence of at least six feet in height but no greater than eight feet shall enclose the USES.
(4)
Lighting. If lighting is provided at the project, lighting shall be shielded and downcast such that the light does not spill onto the adjacent parcel(s).
(5)
Noise. Noise levels measured at the property line shall not exceed 50 decibels when located adjacent to an existing residence or residential district. Noise levels shall be enforced by both the State of Illinois and Village of Granville.
(6)
Installation and design. The USES shall be designed and located in order to prevent glare toward and inhabited buildings on adjacent properties as well as any roads.
(7)
Wiring. All wiring is required to be installed to code requirements outlined in the current NFPA 70 NEC manual. All wiring between solar panels and the solar farm facility substation shall be underground whenever possible.
(8)
Outdoor storage. Only the outdoor storage of materials, vehicles, and equipment that directly support the operation and maintenance of the solar farm shall be allowed.
(9)
Agricultural impact: all required agreements, studies, reports, certifications and approvals demonstrating compliance with the provisions of this section, federal and state laws, and administrative provisions, including, but not limited to, consultation reports with the Illinois Department of Agriculture and the Illinois Department of Natural Resources, emergency plan, and evaluation of the geotechnical stability of the site for supporting all the necessary structures.
(10)
Annual review and reporting.
(a)
The applicant, owner and/or operator of a USES project shall submit to the Village of Granville Zoning Office on the first Monday of July of each year following the USES project approval by the Village of Granville Zoning Office, Village of Granville Board or any successor committee designated to oversee zoning issues, a report regarding USES maintenance and operation. This report shall address:
[1]
Any physical modification(s) to the USES and/or its infrastructure;
[2]
Complaints pertaining to setbacks, noise, appearance, safety, lighting and use of any public roads received by the owner and/or operator concerning the USES and the resolution of such complaints;
[3]
Calls for emergency services, including the nature of the emergency and how it was resolved;
[4]
Status of liability insurance; and
[5]
Any other information that the Village might reasonably request.
(b)
Within 30 days of the receipt of this annual report, the Zoning Officer shall review it, conduct an on-site field inspection of the USES project and within 60 days of the receipt of the report, provide a summary of the report and its on-site field inspection to the Village of Granville Board or any successor committee designated to oversee zoning issues.
(c)
The Zoning Office shall charge a fee for this annual review in the amount of $275 per USES project. This shall be provided to the Zoning Office by the USES applicant, owner and/or operator at the time of the annual report submission. Failure to provide the annual report and the required fee shall be considered a cessation of operations.
(d)
The applicant, owner, and/or operator of a USES project shall provide that the Village of Granville Zoning Officer have access to the USES project for the purposes of required building inspections and on-site field review(s). Failure to provide access shall be deemed a violation of this section.
D.
Certification. USES shall conform to applicable industry standards, including those from the UL and Federal Aviation Administration (FAA). All applicable Village, state and national construction and electrical codes shall be followed.
E.
Safety. Electrical safety will completely adhered to and shall meet all current OSHA and NFPA 70E requirements. All USES shall provide the following at all locked entrances:
F.
Public road use. Prior to a special use permit being granted, an agreement shall be entered into between the applicant/owner/contractor, the Village board, and the Village Engineer. Such agreement shall detail the use of public roads for construction/maintenance of said USES project to include but not limited to:
(1)
Access routes identified;
(2)
Overweight/oversize loads presented;
(3)
Preconstruction survey of roads for potential damage, including site photos and documentation of existing condition(s);
(4)
Schedule of construction operations;
(5)
Setting up an escrow fund, letter of credit, or surety bond to cover future road repairs, payment for Village costs to retain a consultant, if necessary, to make a study of any structure or road on the proposed route that the Village Engineer determines may not carry the loads and weight and use during the USES project construction and/or decommissioning.
G.
Weed and grass control. The applicant must present an acceptable weed control plan for the property inside and outside the fenced area for the entire property. The operator during the operation of the solar energy project must maintain the fence and screening system and adhere to the weed and grass control program. If the operator does not do so, there will be a fine of up to $500 per incident if the fence is not secure and maintained or the weed and grass control program is not followed.
H.
Decommissioning and site reclamation. A decommissioning and site reclamation plan must be submitted with the special use application to ensure that the solar energy project is properly decommissioned and the site properly reclaimed. The decommissioning and reclamation plan shall, at a minimum, include:
(1)
Provisions describing the triggering events for decommissioning the solar energy project.
(2)
An estimate of the decommissioning costs certified by a professional engineer. All costs will be itemized.
(3)
Provision for anticipated repairs to any public roads or facilities used for the purpose of reclamation of the solar energy project and all costs related to removal of structural materials and access roads.
(4)
Provisions for the removal of structures, concrete, debris and cabling, including those below the soil surface to a depth of five feet.
(5)
Provisions for the disconnecting of all cabling from the utilities power lines.
(6)
Provisions for the restoration of the soil and vegetation.
(7)
A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of their successors, assigns or heirs by way of sale, gift and assignment in fact or at law or any other such transfer of financial interest of ownership in the solar energy project. Any successor or assign shall assume the terms, covenants and obligations of this plan and must agree to assume all reclamation liability and responsibility for the solar energy project.
(8)
A provision that this plan is governed by Illinois law.
(9)
A provision that indemnifies the Village with respect to any and all liability arising out of the decommissioning and site reclamation plan.
(10)
A provision that the Village shall have access to the site, pursuant to reasonable notice, to effect, inspect or complete decommissioning if necessary.
(11)
A provision that the applicant, owner and operator shall notify the Village Zoning Officer by certified mail of the commencement of a voluntary or involuntary bankruptcy proceeding, naming the applicant, owner or operator as debtor, within 30 days of the beginning of the proceeding.
(12)
Financial assurance in the form of an irrevocable letter of credit, secured by the owner or operator, for the purpose of adequately performing decommissioning and site reclamation, in an amount equal to 150% of the professional engineer's certified estimate of the decommissioning and site reclamation costs will be provided by the applicant as specified in this section.
(13)
Every five years a professional engineer's certified estimate of decommissioning and site reclamation costs will be submitted and an adjustment to the financial assurance will be required.
(14)
The applicant must agree to an Agricultural Impact Mitigation Agreement (AIMA) with the Illinois Department of Agriculture unless it is not possible, due to action by the Department, to do so.
I.
Financial assurance for decommissioning and site reclamation.
(1)
At time of approval of the special use permit, the amount of the irrevocable letter of credit shall be 150% of an independent professional engineer's cost estimate to complete the work of decommissioning and site reclamation.
(2)
It is recognized that there may be a salvage that will result from the reclamation process; however, the Village must limit the amount of salvage value that can be used for determining the amount of the irrevocable letter of credit. In no event will the financial assurance provided be in an amount of less than $100,000.
(3)
The decommissioning and site reclamation provision shall be included as part of the project special use application. The irrevocable letter of credit must be submitted to the Village prior to any construction permit being issued.
(4)
The Village reserves the right to require additional information of components to the plan as the Village deems necessary to ensure that adequate proposal is in place to decommission the facility in its entirety and that adequate funds are available.
J.
Inspection by applicable designated Village Electrician. Prior to the USES operating, it must pass inspection of an agent designated by the Village and paid for by the Village. The cost for said inspections will be the responsibility of the USES applicant, owner and/or operator of the USES. An irrevocable letter of credit in the amount of $6,000 shall be executed by the USES applicant, owner and/or operator of the USES.
K.
Indemnification and liability.
(1)
The applicant, owner and/or operator of the USES shall defend, indemnify and hold harmless the Village of Granville and its officials from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever, including attorney's fees, without limitation, arising out of acts or omissions of the applicant, owner and/or operator associated with the construction and/or operation of the USES project.
(2)
The applicant, owner and/or operator of the USES project shall maintain a current general liability policy covering bodily injury and property damage with limits of at least $2,000,000 per occurrence and $2,000,000 in the aggregate. Evidence of liability coverage must be reported to the Village of Granville Zoning Officer on an annual basis, and any loss of coverage must be reported within three working days of the loss. Failure to maintain coverage shall be considered a cessation of operations.
L.
Cessation of operations. If any USES provided for in this section has not been in operation and producing electricity for at least 270 consecutive days, it shall be removed. The Village of Granville Zoning Officer shall notify the owner to remove the system. Within 30 days, the owner shall either submit evidence showing that the system has been operating and producing electricity or under repairs or remove it. If the owner fails to/or refuses to remove the solar energy system, the violation shall be referred to the Village of Granville Corporate Attorney for enforcement.
M.
Penalties. A failure to obtain applicable building permit(s) for the construction of a USES or failure to comply with the requirements of a building permit or the provisions of this section shall be deemed a violation of this section. The Village's Attorney may bring an action to enforce compliance of the requirements of this section by filing an action in the circuit court for an injunction requiring conformance with this section or seek such other order as the court deems necessary to secure compliance with this section. Any person who violates this section shall be fined not less than $25 nor more than $500. A separate offense shall be deemed committed for each day the violation exists. Nothing herein shall prevent the Village from seeking such other legal remedies available to prevent or remedy any violations of this section.
§ 285-27 Nonconforming buildings.
A.
Any lawful use of a building existing at the effective date of this chapter (9-27-1965) may be continued, even though such use does not conform to the provisions hereof. A nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this chapter.
B.
Whenever the use of a building shall become nonconforming through a change in the zoning ordinance or in the district boundaries, such use may be continued and may be changed to another nonconforming use of the same or of a more restricted classification.
C.
Whenever a nonconforming use of a building or portion thereof is discontinued for a continuous period of two years, any future use of such building or portion thereof shall be in conformity with the regulations of the district in which the building is located.
§ 285-28 Nonconforming uses of land.
A nonconforming use of land existing at the effective date of this chapter (9-27-1965) may be continued; provided, however, that no such nonconforming use of land shall be in any way expanded or extended, either on the same or adjoining property. If such nonconforming use of land or any portion thereof is discontinued for a continuous period of one year or changed, any future use of such land shall be in conformity with the provisions of this chapter.
§ 285-29 Removal of nonconforming uses.
The nonconforming use of land for storage purposes and for advertising signs and billboards located within any R District shall be discontinued within five years from the date of approval of this chapter and any such uses of land which become nonconforming by reason of a subsequent change in this chapter shall also be discontinued with five years from the date of the change.
§ 285-30 Establishment and terms; meetings; records.
A.
A Board of Appeals is hereby established. The word "Board," when used in this article, shall be construed to mean the Board of Appeals. The Board shall consist of seven members who shall be freeholders appointed by the President upon approval by the Village Board. The terms of office of the members of the Board shall be five years, except that the seven members first appointed shall serve respectively for the terms of one, two, three, four, five, six and seven years. Thereafter, as each term expires, the appointment shall be for five years. Vacancies shall be filled by the appointing authority for the unexpired term of the member whose place has become vacant, which appointing authority shall have the power to remove any member of the Board for cause, after notice and hearing. One of the members of the Board shall be named as Chairman at the time of his appointment.
B.
Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep a stenographic report of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record.
C.
The cost of preparing the stenographic transcript of the witnesses appearing before the Board shall be the responsibility of the party appealing.
§ 285-31 Appeals.
A.
Petitions to the Village Board for variations or exceptions and/or appeals may be made by any person or by an officer, department, board or bureau of the Village affected by any decision of the Zoning Inspector. The appeal shall be taken within 45 days by filing with the Zoning Inspector and with the Village Board a notice of appeal, specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Village Board all papers constituting the record from which the action appealed from is taken.[1]
(1)
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Village Board, after notice of appeal shall have been filed with him, that, by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Village Board or by a court of record.
(2)
The Village Board shall refer any such petition or appeal to the Board and shall take no action until it has received the report of the Board. The Board shall hold a public hearing upon each petition or appeal. Fifteen days' notice of the time, place and purpose of such hearing shall be given in the official newspaper. After the hearing, the Board shall make a report to the Village Board of its findings of fact. If the Board recommends against the granting of such petition or appeal, the order granting such petition or appeal can be adopted only by a favorable two-thirds vote of the members of the Village Board.
B.
The Board shall also hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of this chapter.
C.
All appeals and petitions shall be in writing in duplicate and shall be filed with the Zoning Inspector, who shall present the same at the next regular meeting of the Village Board.
§ 285-32 Exceptions.
The Village Board may authorize, by ordinance and after a hearing and report by the Board, the following exceptions to the terms of this chapter:
A.
Permit the extension of a district where the boundary line of a district divides a lot in a single ownership at the time of the passage of this chapter (9-27-1965).
B.
Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts accompanying and made a part of this chapter, where the street layout actually on the ground varies from the street layout as shown on the map aforesaid.
C.
Permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the Village Board determines reasonably necessary for the public convenience or welfare.
D.
Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the buildings is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
E.
Permit an off-street parking area in an R-4 District where this would relieve traffic congestion on the streets, provided such parking area conforms to the following conditions:
(1)
The entire area is located within 200 feet of a C District, exclusive of any publicly dedicated right-of-way.
(2)
The area shall be used exclusively for the parking of vehicles belonging to invitees of the owner or lessee of the lot.
(3)
Walls, fencing, or planting shall be permitted to protect and be in harmony with surrounding residential property.
(4)
The parking area shall not include any required front yard in the district in which it is located.
(5)
All driveways and the area used for parking spaces shall be properly drained and surfaced with a hard, durable, dust-proof material; and plans and specifications for same, together with the locations of entrances and exits, shall be approved by the Village Engineer.
(6)
The area shall conform to such other reasonable requirements as the Village Board may require for the protection of surrounding property, persons and residential values.
F.
To determine whether an industry should be permitted within the M-1 Light Industrial and the M-2 Heavy Industrial District because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts.
§ 285-33 Variations.
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any provision of this chapter would result in peculiar and exceptional practical difficulties and clearly demonstrable hardship upon the owner of such property, amounting to practical confiscation thereof, and not a mere inconvenience to such owner, the Village Board may authorize, by ordinance, and after hearing a report of the Board, a variation in the strict application of the terms of the chapter to the extent that justice may be done, provided such variation can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the Comprehensive Plan as established by the regulations and provisions contained in this chapter.
§ 285-34 Building permits; fees.
A.
Permit required.
(1)
It shall be unlawful to commence the excavation for or the construction of any building, including accessory buildings, or to commence the moving or alterations of any buildings, including accessory buildings, until the Zoning Inspector has issued a building permit for such work.
B.
Permit issued.
(1)
If the proposed excavation or construction as set forth in the application is in conformity with the provisions of this chapter and other ordinances of the Village, the Zoning Inspector shall issue a building permit for such excavation or construction. If a building permit is refused, the Zoning Inspector shall state such a refusal in writing, with the cause, and shall immediately forward such notice of refusal to the applicant. The Zoning Inspector shall grant or deny the permit within 10 days from the date the application is submitted.
(2)
The issuance of the building permit shall in no case be construed as waiving any provisions of this chapter.
C.
Time limit of permit. A building permit shall become void 90 days after issuance unless substantial progress has been made by that date on the project described therein.
D.
Fees.
[Amended 5-10-2000[1]]
(1)
(2)
In addition to all other fees for commercial/industrial fees, a fee of $6 for every $1,000 up to $10,000 of the cost of construction shall be paid, plus $1 per $1,000 of the cost of construction over $10,000.
§ 285-35 Certificates of occupancy.
A.
B.
Certificate of occupancy for a building; temporary certificates. Certificate of occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit and said certificate shall be issued within three days after the request for same shall have been made in writing to the Zoning Inspector after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Zoning Inspector for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed or in any way alter the respective rights, duties or obligations of the owners or of the Village relating to the use or occupancy of the premises or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
C.
Certificates of occupancy for land. Certificates of occupancy for the use of vacant land or the change in the character of the use of land as herein provided shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within three days after the application has been made, provided such use is in conformity with the provisions of these regulations. If such certificate is refused, the refusal must be stated in writing, with the cause, and be forwarded immediately to the applicant.
D.
Record of certificates.
(1)
Certificates of occupancy shall state that the building or proposed use of a building or land, complies with all the building and health laws and ordinances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Zoning Inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.
(2)
No permit for excavation for any building shall be issued before application has been made for certificate of occupancy.
E.
Certificate of occupancy for nonconforming uses. A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this chapter. Application for such certificate of occupancy for a nonconforming use shall be filed with the Zoning Inspector by the owner or lessee of the building or land occupied by such nonconforming use within one year of the effective date of this chapter (9-27-1965). It shall be the duty of the Zoning Inspector to issue a certificate of occupancy for a lawful nonconforming use.
§ 285-36 Plans to accompany building permit applications.
All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact sizes and locations on the lot of the buildings and accessory buildings then existing and the lines within which the proposed building and structure shall be erected or altered, the existing and intended use of each building or part of building, the number of families or housekeeping units the building is designed to accommodate, and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. A careful record of the original copy of such applications and plats shall be kept in the office of the Zoning Inspector and the duplicate copy shall be kept at the building at all times during construction.
§ 285-37 Dimensions.
All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey; and if correct, the lot shall be staked out on the ground before construction is started.
§ 285-38 Fees.
[Added 12-2-2008 by Ord. No. 551]
A.
B.
In addition to all other fees for commercial/industrial fees, a fee of $6 for every $1,000 up to $10,000 of the cost of construction shall be paid, plus $1 per $1,000 of the cost of construction over $10,000.
§ 285-39 Agreements.
[Added 12-2-2008 by Ord. No. 551]
Each application for a building permit shall contain an agreement wherein the property owner agrees to repair or reimburse the Village for all expense necessary to repair damage to municipal property damaged by the property owner or his contractors in constructing improvements for which the application is made.
§ 285-40 Building permits for exterior improvements.
[Added 1-18-2011 by Ord. No. 580]
All building permits issued requiring exterior improvements to buildings shall be valid for one year from the date of their issuance. If the exterior improvements to the building include, but not by way of limitation, windows and doors, and are not completed within one year, then the lot owner shall apply for a new building permit and pay a new fee at the expiration of one year.
§ 285-41 Minimum requirements; impact on other regulations.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this chapter shall govern.
§ 285-42 Village Board powers.
The Village Board may, from time to time, on its own motion or on petition, amend, supplement or change by ordinance the regulations and districts herein or subsequently established, but no such amendments shall be made without a public hearing before the Village Board Zoning Committee and its report to the Village Board. Notice of the time, place and purpose of such hearing shall be given as required by law. In the case of written protest against any proposed amendment, under the conditions specified in 65 ILCS 5/11-13-14, the amendment shall not be passed except by a favorable vote of 2/3 of the Village Board.
§ 285-43 Petition for amendment. [1]
All petitions praying for a change, amendment, or supplement of the established zoning districts of the Village and regulations connected therewith shall be filed by the person requesting such action, and such petition shall contain the street address of the petitioner, and lot number of any real estate owned by him adjacent to the area proposed to be changed and shall also contain an accurate legal description of the district or parts of districts proposed to be so altered. Such petition shall also recite facts indicating that the proposed change will not be detrimental to the general public interest and the purposes of this chapter and shall further disclose the purpose for which such property is sought to be used. Any notice required by this section need not include a metes-and-bounds legal description, provided that the notice includes the common street address or addresses and property index number (PIN) or numbers of all the parcels of real property contained in the affected area.
§ 285-44 Filing of petition; fee.
[Amended 1995; 12-2-2008 by Ord. No. 551]
A petition for a change in the regulations or districts herein or subsequently established shall be filed with the Village Clerk in duplicate. A fee of $75 shall be paid at the time of filing to cover the cost of publication of notice of hearing on said petition and other costs incidental to such hearing.
§ 285-45 Enforcement.
It shall be the duty of the Zoning Inspector to administer and enforce this chapter. The Zoning Inspector shall be appointed by the Village President with the Village Board's concurrence.
§ 285-46 Penalty. [1]
§ 285-47 Violations.
A.
In case any building or structure is constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter, the Village, or any owner or tenant of real property in the same contiguous zoning district as the building or structure in question, in addition to the other remedies, may institute any appropriate action or proceeding:
(1)
To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use;
(2)
To prevent the occupancy of the building, structure or land;
(3)
To prevent any illegal act, conduct, business or use in or about the premises; or
(4)
To restrain, correct, or abate the violation.
B.
When any such action is instituted by an owner or tenant, notice of such action shall be served upon the Village at the time suit is begun, by serving a copy of the complaint on the Village President of the Village. No such action may be maintained until such notice has been given.
C.
In any such action or proceeding, the court with jurisdiction thereof has the power and at its discretion may issue a restraining order or a preliminary injunction, as well as a permanent injunction, upon such terms and under such conditions as will do justice and enforce the purposes of this chapter.
D.
If a permanent injunction is decreed in any such action or proceedings, the court in its decree may, in its discretion, allow the plaintiff a reasonable sum of money for the services of the plaintiff's attorney. This allowance shall be a part of the costs of the litigation assessed against the defendant, and may be recovered as such.
§ 285-48 Severability.
Should any section, clause or provision of this chapter be declared by a court to be invalid, the same shall not affect the validity of the chapter as whole or in part, other than the part so declared to be invalid.
§ 285-49 Conflicting ordinances.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
§ 285-50 Effective date.
This chapter shall be in full force and effect from and after its passage, approval and publication, as required by law.
§ 285-51 Effect of repeal.
The repeal of the ordinance or parts thereof specified in § 285-49 shall not:
A.
Affect suits pending or rights existing immediately prior to the effective date of this chapter.
B.
Impair, avoid, or affect any grant or conveyance made or right acquired or cause of action now existing under any such repealed ordinance or amendment thereto.
C.
Affect or impair the validity of any bond or other obligation issued or sold in constituting a valid obligation of the issuing authority immediately prior to the effective date of this chapter.