Harristown City Zoning Code
ARTICLE IV
General Zone Provisions
§ 40-4-1 Use regulations.
The Schedule of Zone Regulations set by this chapter[1] within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as herein provided.
(A)
Uses permitted by zone regulations. Except as provided for in § 40-4-1(B), Exceptions to use regulations, no building, structure, or parcel of land shall be used for any purpose other than those permitted in the specific zone in which a building, structure, or parcel of land is located.
(B)
Exceptions to use regulations. The following are the instances where regulations in the Schedule of Zone Regulations[2] are superseded:
(3)
Legally nonconforming uses are exempt from the strict interpretation of the general use regulations, but only as long as the nonconformity is not enlarged or expanded and is operated in accordance with the provisions of Article VII of this chapter.
(4)
The type or location of any poles, towers, wires, cables, conduits, vaults, laterals, or any other similar distributing equipment of a public utility as defined in An Act Concerning Public Utilities, enacted by the General Assembly of the State of Illinois,[3] is exempt from local zoning regulations.
[3]
Editor's Note: See the Public Utilities Act, 220 ILCS 5/1-101 et seq.
[2]
Editor's Note: The Schedules of Zone Regulations are included as attachments to this chapter.
[1]
Editor's Note: The Schedules of Zone Regulations are included as attachments to this chapter.
§ 40-4-2 Lot area regulations.
(A)
General lot area regulations.
(1)
Except as provided herein, any principal use together with all accessory uses shall be located on a lot having a minimum area as shown in the Schedule of Zone Regulations.[1]
(a)
No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the lot area regulations of the district in which the building or structure is located.
(b)
No building, parking area, or structure shall be erected, converted, enlarged, reconstructed, or structurally altered without first obtaining a permit for such constructions.
(c)
No building shall be placed on any lot which does not front a dedicated public roadway.
[1]
Editor's Note: The Development Regulations, Schedule of Zone Regulations, is included as attachments to this chapter.
(2)
Except as provided in the planned unit development regulations, not more than one principal single-family building shall be permitted on a lot. The minimum lot area for townhouse dwellings and apartment dwellings and attached dwellings in the R-5 Zone shall be the sum of the lot area requirements for the second dwelling unit, plus the lot area requirements for each additional dwelling unit as shown in the Schedule of Zone Regulations.[2]
[2]
Editor's Note: The Schedules of Zone Regulations are included as attachments to this chapter.
(B)
Exceptions of lot area regulations. The following are instances where exceptions shall be permitted from lot area regulations.
§ 40-4-3 Lot requirements.
(A)
Except as provided herein, each lot shall have a width at the building setback line at least as wide as that shown in the Schedule of Zone Regulations[1] for the zone in which the lot is located.
[1]
Editor's Note: The Development Regulations, Schedule of Zone Regulations, is included as attachments to this chapter.
§ 40-4-4 Yard and setback requirements.
(A)
Except as provided herein, the yard and setback regulations of this chapter shall be considered the minimum regulations for each and every building established after the effective date of this chapter. All yards and other required open space allocated to a building by the standards set up in the Schedule of Zone Regulations[1] shall be located on the same lot as such buildings. The maintenance of yards, new lot areas, and other open spaces legally required for a building shall be a continuing obligation of the owner of such building or users, as long as the structure or use is in evidence. In this respect, no legally required yard, other open space, or minimum lot area allocated to any building shall by virtue of change of ownership, or other reason, be used to satisfy yard, other open spaces, or minimum lot area requirements for any other building.
[1]
Editor's Note: The Schedules of Zone Regulations are included as attachments to this chapter.
(B)
No improved lot shall hereafter be divided into two or more lots and no portion of any improved lot shall be sold, unless all improved lots resulting from each transfer, division, or sale shall conform with all the applicable development regulations of the zone in which the property is located.
[Amended at time of adoption of Code (see Ch. 1, Art. I, Div. I)]
(C)
Permitted obstruction in required yards. The following shall not be considered to be obstructions when located in the required yards specified:
(1)
Any yard.
(a)
Marquees and awnings adjoining the principal building, overhanging roof eaves; chimneys, unenclosed patios, and stoops, if they do not encroach upon the required yard space by more than three feet.
(b)
Ornamental light standards, domestic television and radio antenna, flagpoles, arbors, trellises, trees, shrubs. Except that on corner lots no obstructions higher than 30 inches above the street grade shall be located in a triangle formed by the connecting of points 25 feet from the intersection of the street pavement.
(2)
Side yards. Open accessory off-street parking spaces except in a side yard abutting a street.
(3)
Rear yards. Enclosed, attached or detached off-street parking spaces; open off-street parking spaces; accessory sheds, tool rooms, and any farm accessory building, or any similar accessory structures; and balconies, breezeways, and open (not permanently glassed-in) porches.
(4)
Commercial zones.
(a)
Filling station pumps and islands and light fixtures located on a lot used as a filling station may be located within a required yard provided they are not less than 15 feet from any street line. No merchandise offered for sale or rent, banners, or advertisement devises other than authorized signs shall be placed in the front yard setback.
(b)
Permitted freestanding signs, when relating to the business carried on in the establishment occupying a lot, may be located in the front yard or yards.
[Amended at time of adoption of Code (see Ch. 1, Art. I, Div. I)]
(c)
Nonadvertising light standards may be located within a required front yard, provided such standards are located not less than five feet from any street, and provided such lights are shielded so that illumination does not reflect onto residential property.
(d)
Off-street parking facilities may be located within the required front yard of any B or M Zones, provided that at least a five-foot setback is maintained between the street travel area and the parking area (excluding driveway) and also provided that such parking areas are maintained with an all-weather, dustfree surface as provided for in the parking requirements, Article IX, § 40-9-6(G), of this chapter.
(D)
Additional yard requirements. Additional street setbacks or yard may be required in the following instances:
(1)
The Board of Trustees may, upon recommendation of the Commission, establish special setbacks in excess of those setbacks required by the zone district; such setbacks shall be established when it is deemed necessary to protect any existing or proposed street, trafficway, freeway, highway, drives or parkways or storm- and flood-runoff channels. Such setbacks shall only be valid, however, after giving the required legal notice and holding of public hearing as required for all zoning changes by this chapter. Further, all setbacks shall be uniformly applied to at least one block face and shall after being adopted be clearly shown on the Official Setback Map in the Village Hall.
(2)
The minimum setback on all major streets shall be 50 feet; and collector streets, 35 feet. These regulations shall supersede the individual zone requirements. The Village shall maintain street classification maps in the Village Hall.
(3)
A corner lot shall be considered to have two front yards for purposes of establishing the building setback line or minimum front yard line and for purposes of parking regulation.
(4)
Buildings used for shelter of livestock, poultry or animal husbandry shall be a minimum of 75 feet from any lot line and shall be a minimum of 30 feet from any residence occupying the lot.
[Amended by Ord. No. 6-27-94C]
(E)
Exceptions to yard and setback requirements. The following are instances where exceptions to the yard and setback regulations as shown in the Schedule of Zone Regulations[2] may be permitted:
(1)
Relief may be granted in the form of a variance but only as provided for under the conditions as set forth in Article VI of this chapter.
[2]
Editor's Note: The Schedules of Zone Regulations are included as attachments to this chapter.
(F)
Accessory uses to residential uses. Garages, lawn storage sheds, and shelters for pets may be constructed in any side or rear yard area, provided that such structures are kept at least three feet from any lot line; and further, provided that such structures are separated by at least 10 feet from the principal structures occupying the lot. Where the principal structure is allowed by variance to be closer to the lot line abutting the street than required by the regulations of the particular district, the setback for the accessory structure shall be the same as allowed for the principal structure.
§ 40-4-5 Building bulk limitations.
Except as herein provided, all buildings and other structures constructed in the Village of Harristown after the effective date of this chapter shall conform with the Schedule of Zone Regulations,[1] in terms of maximum height, maximum coverage, and maximum floor area ratio.
(A)
General building bulk limitations.
[Amended 9-23-1996 by Ord. No. 96-7; 9-27-2004 by Ord. No. 04-07]
(1)
Maximum height. The maximum height, as set forth under each zoning district, shall be the greatest building height allowed for either the principal or accessory buildings, except that all accessory buildings in residential zones shall be limited as follows:
(a)
Accessory buildings on lots 1/2 acre or larger shall have a maximum height of 17 1/2 feet and a maximum square footage of 1,800 square feet either pole barn or frame construction.
(b)
Accessory buildings on lots under 1/2 acre shall have a maximum height of 13 1/2 feet and a maximum square footage of 900 square feet frame construction only.
(c)
Larger buildings could be permissible by variance.
(2)
Floor area ratio. The floor area ratio, as set forth under each zoning district, shall be the maximum allowable for the building or buildings (principal and accessory) on a lot or site.
(3)
Maximum coverage. The maximum coverage, as set forth under each zoning district, shall be the maximum building coverage allowable for the building or buildings (principal and accessory) on a lot or site.
(B)
Exceptions to building bulk regulations. The following are instances where exceptions to the building bulk regulations shown on the Schedule of Zone Regulations[2] may be permitted.
(1)
The height regulation shall not apply for all radio towers, television towers, antennas, church spires, belfries, monuments, tanks, water and fire towers, stage towers, smokestacks, chimneys, and flag poles, provided that the maximum height does not exceed 100 feet.
(2)
Public, semipublic buildings, public utilities, public service buildings, civic buildings, hospitals, schools, churches, temples, grain elevators, scenery lofts, elevator bulkheads, and silos, where permitted, may be erected to a height not to exceed 100 feet, provided that the side and rear yards are increased by one foot for each foot of additional building height above the height regulations for which the building is located; and also, providing that the main shadow area shall be 2 1/2 times the height of the buildings. (See definitions for "shadow area.")
(3)
Relief from the building bulk regulations may be granted in the form of a variance, but only when approved in accordance with the provisions as set forth in Article VI of this chapter.
[2]
Editor's Note: The Schedules of Zone Regulations are included as attachments to this chapter.
[1]
Editor's Note: The Development Regulations, Schedule of Zone Regulations, is included as attachments to this chapter.
§ 40-4-6 Home occupations.
[Amended by Ord. No. 8-27-90A]
A home occupation may be permitted as a use incidental to a residential use in any resident dwelling, when 1) carried on by a member of the immediate family residing on the premises; 2) in connection with which there is no sign, display or other evidence which would indicate from the exterior that the building is being used for any purpose other than a residential dwelling, other than a nameplate not to exceed two square feet affixed to the building showing the name of the occupant and the services provided; 3) there is no commodity sold upon the premises; 4) no person is employed other than a member of the immediate family residing on the premises; 5) no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes; 6) no equipment or process shall be used which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if conducted in a detached dwelling or outside the dwelling unit if conducted in other than a detached dwelling; and 7) not more than 25% of the floor area of the dwelling unit is utilized for the home occupation.
(A)
Permitted home occupations. Permitted home occupations may include the following uses: art studios, dressmakers, emergency offices for doctors and physicians, but not offices for general practice; tutoring and teaching including musical instruments, but limited to one student at a time, and for only 10 hours per day from 10:00 in the morning until 8:00 at night; and one-chair barbershops or beauty shops.
(B)
Trucks and commercial vehicles.
(1)
On residentially zoned parcels of land, no one shall park, store, or maintain more than one truck, or vehicle used for commercial purposes, which:
(2)
In addition, on residentially zoned parcels of land, no one shall park, store or maintain heavy equipment, including but not limited to the following: backhoes, end loaders, bulldozers, road graders, cranes, forklifts, etc.
§ 40-4-7 Off-street truck parking and/or storage.
[Amended 3-24-1997 by Ord. No. 97-3]
The following regulations apply to any property in the M-1 and M-2 Zones on which one or more trucks and/or trailers are parked and/or stored outdoors.
(A)
In yards. Truck and/or trailer parking and/or storage may be located in any yard except a required front yard, provided that at least a five-foot setback is maintained between the street travel area and the parking/storage area.
(B)
Screening. All such parking and/or storage areas located less than 40 feet from a property line adjoining or fronting on any property situated in a residential district or any institutional premises shall be effectively screened along such property line by a uniformly finished wall, fence or densely planted compact hedge, not less than eight feet in height, maintained in good condition. Chain-link (except with 100% slatting), any form of barbed wire, or other wire or mesh fences shall not be considered to be adequate screening.
(C)
Access. All such parking and/or storage areas shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such area and shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement. A driveway across public property at the right-of-way line shall not exceed a width of 25 feet and shall not be located within 30 feet of the point of intersection of any two streets.
(D)
Surfacing. All such parking and/or storage areas shall be improvement with a compact base surfaced with an all-weather, dustless material as approved by the Village Engineer.
§ 40-4-8 Fences.
[Added at time of adoption of Code (see Ch. 1, Art. I, Div. I)]
Fences are allowed in all zoning districts. They may be used to indicate boundaries, to confine and/or to exclude. The following restrictions shall apply:[1]
(A)
Privacy fences are allowed in residential districts from front setback (front of house) line to back of property and along the property sides.
(B)
Chain-link fences are allowed on all properties.
(C)
Front yard fences are allowed in residential districts from the front setback line to the right-of-way at the street and must be see through. There are no height limitations.
(D)
Fences may be placed on property lines; however, a setback of at least six inches is suggested.
[1]
Editor's Note: See also the Fencing Placement Detail, included as an attachment to this chapter.