Hanna City City Zoning Code

GENERAL PROVISIONS

§ 154.001 TITLE.

This chapter shall be known and may be cited as the “Hanna City Zoning Ordinance”.

(Ord. 13-05-02, passed 5-21-2013)

§ 154.002 PURPOSE.

The zoning regulations and standards herein adopted and established have been made for the purpose of:

(A) Securing adequate light, pure air and safety from fire and other dangers;

(B) Conserving the value of land, buildings and structures throughout the village;

(D) Lessening and avoiding hazards to persons and damage to property resulting from the accumu- lation or runoff of storm or flood waters;

(E) Promoting the public health, safety, comfort, morals and general welfare;

(F) Regulation and limiting the height and bulk of buildings and structures hereafter to be erected;

(G) Establishing, regulating and limiting the building or setback lines on or along any street, traffic-way, drive, parkway or storm or flood water runoff channel or basin;

(H) Regulating and limiting the intensity of the use of lot areas, and regulating and determining the area of open spaces within and surrounding buildings and structures;

(I) Classifying, regulating and restricting the location of trades and industries and the location of buildings, structures and land designed for specified industrial, commercial, residential and other uses;

(J) Dividing the entire village into districts of such number, shape, area and such different classes according to the use of land buildings and structures, intensity of the use of lot area, area of open spaces and other classification as may be deemed best suited to carry out the purposes of this chapter;

(K) Fixing regulations and standard to which buildings, structures or uses therein shall conform;

(L) Prohibiting uses, buildings or structures incompatible with the character of such districts; and

(M) Preventing additions to the alteration or remodeling of existing buildings, structures or uses in such a way as to avoid the restrictions and limitations lawfully imposed under this chapter.

(Ord. 13-05-02, passed 5-21-2013)

§ 154.003 DEFINITIONS.

(A) (1) Any pertinent word or term not a part of this listing, but vital to the interpretation of this chapter, shall be construed to have its usual legal definition.

(2) The present tense includes the future tense.

(3) The masculine gender includes the feminine and the neuter.

(4) The singular number includes the plural and vice versa.

(5) The word “shall” is always mandatory; the word “may” is always permissive.

(6) The word “person” includes a partnership, association, firm, trust, club, company or corporation, as well as, the individual.

(7) The word “used” or “occupied” or “located” as applied to any land, building, use, structure or premises shall be construed to include the words “intended, arranged or designed to be used or occupied or located”.

(8) The word “lot” shall include the words “plot” or “parcel”.

(9) The word “village” shall mean the “Village of Hanna City, Illinois”.

(10) The word “Board” shall mean the “Zoning Board of appeals of the village”.

(11) The words “Planning Commission” shall mean the “Planning Commission of the village.”

(12) The word “engineer” shall mean the person or firm retained as engineer by the village.

(13) The words “governing body” shall mean the “Board of Trustees of the village”.

(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY STRUCTURE. A structure, the size of which exceeds 25 square feet, on the same lot with the main or principal structure, or the main or principal use, and subordinate to and used for purposes customarily incidental to the main or principal use. The ACCESSORY STRUCTURE may or may not be permanently affixed to the surface of the ground.

ACCESSORY USE. A use on the same lot with, incidental and subordinate to the main or principal use or the main or principal structure.

ALLEY. A permanent service right-of-way, which affords only a secondary means of access to property abutting such right-of-way and is not intended for general traffic circulation.

AREA, BUILDING. The total area taken on a horizontal plane at the largest floor level of the main or principal building and all accessory buildings on the same lot exclusive of uncovered porches, terraces, steps or awnings, marquees and non-permanent canopies and planters.

AREA, FLOOR. The sum of the gross horizontal areas of the several stories of a building excluding cellar and basement floor areas not devoted to residential use, but including the area of walled-in and roofed porches and terraces. All dimensions shall be measured between exterior faces of walls.

AREA, FLOOR, HABITABLE. The sum of the horizontal areas of all rooms in a building used for habitation, such as living room, dining room, kitchen, bedroom, bathroom or closet, but not including hallways, stairways, service rooms or utility rooms, not unheated rooms such as enclosed porches, not rooms without at least one window or skylight opening onto a yard or court, measured between the interior faces of walls.

AREA, LOT. The total area within the lot lines.

BASEMENT. A story having part but not less than one-half its height below grade.

BLOCK FACE. Property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and railroad right-of-way, waterway, unsubdivided area or other definite boundary.

BOARDING HOUSE. A dwelling containing at least three dwelling units or lodging units in whatever combination. Meals are provided within such BOARDING HOUSE to the residents of the lodging units.

BUILDING. An enclosed structure having a roof supported by columns, walls, arches or other devices and used for the housing, shelter or enclosure of persons, animals or chattels.

BUILDING, MAIN OR PRINCIPAL. The building in which is conducted the main or principal use of the lot on which it is located.

CELLAR. A story having less than one-half of its height above grade.

COURT. An open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by, but is not enclosed by, the walls of such building.

COVERAGE. The percentage of the lot area covered by the building area.

CURB LEVEL. The average elevation of the established curb of a street taken along the curb line between the points of intersection of the curb line and the lot lines. Where no curb has been established, the CURB LEVEL shall be the average elevation of the land surface taken along the street right-of-way line between the points of intersection of the right-of-way line and the lot lines.

DWELLING. A building designed for residential living purposes and containing one or more dwelling units and/or lodging units.

DWELLING UNIT. One or more rooms constituting all or part of a dwelling which are used exclusively as living quarters for one family and not more than two roomers or boarders, and which contain a stove, sink and other kitchen facilities.

DWELLING, SINGLE-FAMILY. A dwelling containing one dwelling unit.

DWELLING, TWO-FAMILY. A dwelling containing two dwelling units with one dwelling unit arranged on the story or stories above the other dwelling unit or beside the other dwelling unit.

DWELLING, MULTI-FAMILY. A dwelling containing three or more dwelling units.

DWELLING, GROUP. A group of two or more single-family, two-family or multi-family dwellings in whatever combination, occupying a lot or lots in one ownership.

FAMILY.

(a) An individual;

(b) Two or more persons related by blood, marriage or adoption; or

(c) Maximum of five persons not so related; together with his, her or their domestic servants and gratuitous guests maintaining common household in a dwelling unit or lodging unit.

GARAGE, PUBLIC. A building in which, for compensation, one or more vehicles are parked.

GRADE. The average of the elevations of the surface of the ground measured at all corners of a building.

HEIGHT. The vertical measurement from grade to a point midway between the highest and lowest points of the roof of a building or the vertical measurement from the average level of the surface of the ground immediately surrounding a structure to the upper-most portion of such structure.

HOME OCCUPATION.

(a) An accessory use of a service character customarily conducted within a dwelling, which is clearly incidental and secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a sign as provided in § 154.075 of this chapter. The occupation must conform to the following additional conditions.

1. It must be carried on solely by the members of the family who are residing on the premises.

2. The total floor area devoted to such use shall not exceed 25% of the area of one floor of the dwelling, shall be located only in the dwelling and shall not be located in any structure accessory thereto, nor in open.

3. No article is sold or offered for sale, except such as may be produced on the premises.

4. No mechanical equipment is used, except of a type that is similar in character to that normally used for purely domestic or household purposes.

(b) HOME OCCUPATION shall not include dancing instruction, group musical instruction, tea rooms, tourist home, beauty shops, real estate offices, insurance offices, investment offices, the repair or servicing of automotive vehicles or the conduct of any other trade or business not herein excepted.

HOTEL. A building containing separate accommodations for use by primarily transient persons. A HOTEL may contain restaurants, barber shops and other accessory services for serving primarily its residents and only incidentally the public.

JUNK YARD. A lot, land, building or structure, or part thereof used primarily for the collecting, storage and/or sale of waste paper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts therefrom.

KENNEL. The keeping or housing of three or more dogs six months old or older, either as an accessory use or a principal use. Any KENNEL shall be within a completely enclosed building, or if outdoor runs are provided, they shall be completely enclosed by a woven wire fencing, solid fence or wall. A KENNEL or any part thereof shall not be located in any front or side yard, not within five feet of any side or rear lot line in a rear yard.

LAND USE PLAN. The complete plan or any of its parts for the development of the village and adopted by the governing body as the official plan.

LODGING UNIT. One or more rooms constituting all or part of a dwelling which are used exclusively as living quarters for one family and do not contain cooking facilities.

LODGING HOUSE. A dwelling containing at least three dwelling units or lodging units in whatever combination. Meals are not provided within such LODGING HOUSE to the residents of the lodging units.

LOT. The word lot when used along shall mean a zoning lot unless the context of this chapter clearly indicated otherwise.

LOT, CORNER. A lot located:

(a) At the junction of a abutting two or more intersecting streets;

(b) At the junction of and abutting a street and the nearest shoreline or high water line of a storm or flood water runoff channel or basin;

(d) At and abutting the point of abrupt change of a single street where the interior angle is less than 135 degrees and the radius of the street is less than 100 feet.

LOT, INTERIOR. A lot other than a comer lot.

LOT LINES. The lines bounding a lot.

MOTEL. A building or group of buildings, whether detached, semi-detached or attached, containing accommodations for primarily transient automobile travelers. The term MOTEL includes such buildings designated as tourist courts, tourist cabins, motor lodges and other similar terms.

NON-CONFORMING LOT, STRUCTURE OR USE. A lot, sign, structure or use, which does not conform to the regulations and standards of the district in which it is located.

NURSING OR CONVALESCENT HOME. A building containing sleeping rooms where persons are housed or lodged and are furnished with meals and nursing care for hire.

PARKING LOT. A lot, court, yard or portion thereof used for the parking of vehicles.

PARKING SPACE. A space accessory to a use or structure for the parking of one vehicle, the size of which shall be determined, as herein specified.

PLANNED RESIDENTIAL DEVELOP- MENT. A tract of land which is developed as a unit under single ownership or control, which includes two or more main or principal structures and is identified to its main or principal use by its functional definition prefix, such as dwelling group.

RIGHT-OF-WAY. The entire dedicated tract or strip of land that is to be used by the public for circulation and service.

RINGELMANN CHART. A smoke chart giving shades of gray to which the density of columns of smoke rising from stacks may be compared. Each such shade of gray is categorized according to a Ringelmann number.

SCREEN PLANTING. A vegetative material of sufficient heights and density to filter adequately from view, in adjoining districts, structures and uses on the premises upon which the screen planting is located.

SETBACK LINE. The building restriction line nearest the front of and across a lot establishing the minimum distance to be provided between the wall of a structure located on said lot and the lot line with respect to a side or rear yard and the nearest curb (or pavement line if there is no curb) with respect to a front yard or the nearest shoreline or high water line of a storm or flood water runoff channel or basin.

SIGN. Any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or governmental organization, any political sign or any sign indicating address. Each display surface of a sign shall be considered a SIGN.

SMOKE UNIT. The emission of smoke of a density of Ringelmann Number 1 for a period of one minute.

SPECIAL USE. A use permitted in a district pursuant to, and in compliance with, procedures specified herein.

STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above, then the space between any floor and the ceiling next above it.

STREET. A thoroughfare within the right-of-way, which affords the principal means of access to abutting property. A STREET may be designated as an avenue, a boulevard, drive, highway, lane, parkway, place, road, thoroughfare or by other appropriate name.

STRUCTURE. Anything constructed or erected with a fixed location on the surface of the ground or affixed to something having a fixed location on the surface of the ground. Among other things, structures include buildings, walls, fences, billboards and signs.

STRUCTURE, MAIN OR PRINCIPAL. The structure in or on which is conducted the main or principal use of the lot on which it is located.

SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction or addition of or to a structure the cost of which equals or exceeds 10% of the market value of the structure before the improvement is started. It should not, however, include such actions taken to comply with existing state or local codes or ordinances or alterations to a structure listed on the National Register of Historic Places or the State Inventory of Historic Places.

TOURIST HOME. A dwelling containing the dwelling unit of the owner or operator and containing separate accommodations primarily for transient automobile travelers.

TRAILER COACH or MOBILE HOME. Any portable or mobile vehicle used for residential living purposes by a family. For the purpose of this chapter, such vehicle shall be classified as a TRAILER COACH whether or not its wheels, rollers, skids or other rolling equipment have been removed, or whether or not any addition thereto has been build on the ground.

TRAILER CAMP OR MOBILE HOME PARK. A tract of land meeting the standards established by the county health authorities and by the state’s Department of Public Health:

(a) Where two or more inhabited trailers coaches are parked; or

(b) Which is used by the public as parking space for two or more inhabited trailer coaches.

USE. The specific purpose for which land, a structure or premises, is designed, arranged, intended or for which it is or may be occupied or maintained. The term PERMITTED USE or its equivalent shall not be deemed to include any NON- CONFORMING USE.

YARD. An open space, other than a court, of uniform width or depth on the same lot with a structure lying between the structure and the nearest lot line and is unoccupied and unobstructed from the surface of the ground upward, except as may be specifically provided by the regulations and standards herein.

YARD, FRONT. A yard extending the full width of a lot and situated between the front curb line (or, if there is no curb, the front pavement line) and the nearest line of a structure located on said lot. Where a lot is located such that its rear and front lot lines each abut a street right-of-way line or the nearest shoreline or highwater line of a storm or flood water runoff channel or basin, both such yards shall be classified as FRONT YARDS. Each yard of a corner lot facing a street right-of-way line or the shoreline or highwater line of a storm or flood water runoff channel or basin shall be classified as a front yard.

YARD, REAR. A yard extending the full width of a lot and situated between the rear lot line and the nearest line of a structure located on said lot.

YARD, SIDE. A yard situated between the side lot line and the nearest line of a structure located on said lot and extending from the rear line of the required front yard to the front line of the required rear yard.

ZONING LOT. A single property, parcel, unit tract, plot or otherwise designated portion of land, having metes and bounds, which is designated by its owner or developer as a property, parcel, unit, tract, plot or otherwise designated portion of land which has been sold, or is offered, or will be offered for sale, and is to be used, developed or built upon as a unit under single ownership or control, and which is occupied or capable of being occupied by one or more structures and the accessory structures, or uses customarily incidental to it, including such open spaces as are arranged and designed to be used in connection with such structure. A ZONING LOT may or may not coincide with a lot of record.

(Ord. 13-05-02, passed 5-21-2013)

§ 154.004 DISTRICTS; ZONING MAP.

(A) Division. In order to carry out the purposes and provisions of this chapter, the village is hereby divided into the following districts:

B-1	Central Business District
B-2	General Retail Business District
B-3	Service Business District
B-4	Low Impact Industrial District
C	Conservation District
I-1	Industrial District
R-1	Low Density Residential District
R-2	Medium Density Residential District
R-3	Multiple Family Residential District
R-P	Planned Residential District

(B) Map establishment. The locations and boundaries of the districts herein established are shown upon the map entitled “Village of Hanna City”, which with all notations thereon, is hereby made a part of this chapter.

(C) Submerged land, new or annexed land. Submerged land, any submerged land which may be reclaimed and land which may be annexed to the village shall be classified as “C” conservation until such time as the Village Board changes the classification in accordance with provisions of this chapter.

(D) Zoning of streets, alleys, public ways and railroad rights-of-way. All streets, alleys, public ways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting. Where the centerline of a street, alley, public way or railroad right-of-way serves as a district boundary, the zoning of such areas, when not otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(E) Rules for the interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the zoning map, the following rules shall apply.

(1) Boundaries indicated as approximately following the centerlines of streets or alleys shall be construed to follow such centerlines.

(2) Boundaries indicated as approximately following recorded lot lines shall be construed as following such lot lines.

(3) Boundaries indicated as approximately following village limits shall be construed as following such village limits.

(4) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5) Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(6) Boundaries indicated as parallel to or extensions of features indicated in division s(E)(1) through (E)(5) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(7) Where physical of cultural features existing on the ground are at variance with those shown on the official zoning map or in other circumstances not covered by divisions (E)(1) through (E)(5) above, the Board shall interpret the district boundaries.