In order to implement the regulatory scheme of this Code so as to achieve the objectives enumerated in Section 40-1-2, the entire Village is hereby divided into the following zoning districts:

 

 

*   The “minimum area” requirement (which is intended to prevent spot zoning) refers to the smallest total area of contiguous parcels that can properly be given the particular district classification. The minimum area requirement is not satisfied merely because the acreage of numerous noncontiguous parcels, when aggregated, happens to equal or exceed the minimum area indicated above.

   The boundaries of the listed zoning districts are hereby established as shown on the Official Zoning Map of the Village. This map, including all notations and other information thereof is hereby made a part of this Code by reference. The Official Zoning Map shall be kept on file in the Administrator’s office.

   In accordance with State Law, if any changes are made in the zoning districts or regulations during a calendar year, the Zoning Administrator shall publish the revised official zoning map of the Village not later than March 31st of the following year. (See 65 ILCS 5/11-13- 19)

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

   (A)   Where a district boundary as indicated on the zoning map approximately follows the features listed below on the left, the corresponding feature on the right shall be deemed the district boundary:

      (1)   Center line of any street, alley or highway   Such centerline.

      (2)   Lot line   Such lot line.

      (3)   Railroad tracks   Right-of-way line of such track

      (4)   Stream   Center of such stream

      (5)   Section, fraction or survey lines   Such lines

   (B)   Whenever any street, alley or other public way is legally vacated, the zoning districts adjoining each side of such vacated public way shall automatically extend to the center of such way, and all territory included in the vacated way shall thereafter be subject to all regulations of the extended districts.

   Any territory hereafter annexed to the Municipality shall automatically be in the SR-1, Single-Family Residence District until duly changed by an amendment to this Code; except that the Village Board, with the advice of the Zoning Board, may annex any territory as any other zoning district or districts herein established if all legal requirements for zoning the property at the time of the annexation and the requirements for amending this Code by the extension of the zoning district provisions are met. (See Sec. 40-10-30 for amendments)

   Hereafter, it shall be unlawful to do the following within the Village:

   (A)   Erect, use, occupy, enlarge, alter, relocate, or reconstruct any structure or part thereof;*

   (B)   to create any lot;* or

   (C)   to use, occupy, or develop any lot or part thereof;*

   *EXCEPT in conformity with the provisions of this Code.

   Whenever any use is not specifically listed as “permitted” or “special” within a particular zoning district, such use shall be deemed prohibited in that district. However, if the Village Board, following consultation with the Zoning Administrator and the Zoning Board of Appeals finds that the unlisted use is similar to and compatible with the listed uses, they may allow such use. The decision of the Village Board shall become a permanent record, and any unlisted use that they Approve shall thereafter have the same status as listed uses.

   Except as specifically provided otherwise else where in this Code, every lot must meet the minimum area, minimum dimensions, and minimum setback requirements of the district in which it is located independently; that is, without counting any portion of any abutting lot.

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

   Every lot with multiple frontages (such as corner or through lots) shall meet the front setback requirements of the district in which it is located on every side having frontage. (See Sketch at end of Code)

   Except as specifically provided otherwise in the “B-1” – General Business District and in all residential zoning districts where lots having fifty percent (50%) or more of the frontage on one side of a street between intersections (that is, in one block) are developed with buildings, and the front setbacks of those lots do not differ by more than ten (10) feet, the minimum required front setback on that block shall be the average of the existing front setbacks, but no less than five (5) feet, provided, however, that in any built-up area, no front setback greater than fifty (50) feet shall be required.

   To the extent indicated below, the following features of principal buildings may intrude into required yards without thereby violating the minimum setback requirements:

 

 

   (A)   Necessary Appurtenances. Chimneys, church spires, parapet walls, cooling towers, elevator bulkheads, fire towers, water towers, antennas, or other necessary appurtenances commonly constructed above the roof line shall be permitted to exceed the maximum height limitations for the district in which they are located if they comply with all other pertinent ordinances of the Village.

   (B)   Intersections. On corner lots, in the triangular portion of land bounded by intersecting street lines and a line joining these street lines at points thirty (30) feet from the point of intersection, no obstruction, whether natural or man-made, shall intrude into the air space that is between two (2) feet and ten (10) feet above the level of the adjacent street. (See Figure 1 at the end of this Code.)

   In all districts, property owners of all buildings and places where people live, work, or assemble shall provide for the sanitary disposal of all sewage in accordance with the following requirements:

   (A)   Whenever the public sanitary sewerage system is reasonably accessible (that is, when the distance from the property in question to the nearest public sewer with available capacity does not exceed one hundred (100) feet), all sewage shall be discharged into such system whether or not a private sewerage system already exists or is more convenient.

   (B)   Whenever the public sanitary sewerage system is not reasonably accessible, a private sewerage system shall be installed and used. All private sewerage systems shall be designed, constructed, operated, and maintained in conformity with the following requirements:

      (1)   Illinois Private Sewage Disposal Licensing Act, (225 ILCS 225/1 through 225/23) as amended from time to time;

      (2)   Illinois Private Sewage Disposal Code No. 4.002, promulgated by the Director of the Illinois Department of Public Health, as amended from time to time;

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

      (4)   Applicable codes and regulations of the Village, particularly the Subdivision Code.

   The Administrator shall not issue any Certificate of Zoning Compliance unless, following consultation with the Village Engineer, he is satisfied that these requirements will be met. (Also, see Chapter 38 entitled “Utilities” of Revised Code)

   (A)   Any accessory use shall be deemed permitted in a particular zoning district if such use:

      (1)   meets the definition of “accessory use” found in Section 40-2-2;

      (2)   is accessory to a principal structure or use that is allowed in a particular zoning district as permitted or special use; and

      (3)   is in compliance with restrictions set forth in Section 40-3-16.

   (B)   If an accessory structure is attached to a principal structure, it shall be considered part of such structure. (See Definition of “Attached” in Section 40-2-2)

   (A)   Height. No accessory use shall be higher than twenty-five (25) feet in any Zoning District; provided, there shall be no height limit on accessory structures related to agriculture.

   (B)   Setbacks. No accessory use in any zoning district shall be located in any part of any yard (front, side or rear) that is required because of the setback regulations of such district; provided that in the Agricultural District or in any Residential District, an accessory use may be located as close as five (5) feet to any side or eight (8) feet to any rear lot line.

   (C)   Yard Coverage. Accessory uses shall not cover more than thirty percent (30%) of a required rear yard.

   (D)   Use as Dwelling. Use of any accessory structure as a dwelling is strictly prohibited throughout the Village.

   To facilitate public understanding of this Code, the area-bulk regulation schedule is hereby adopted and declared to be an integral part of this Code and it may be amended in the same manner as any other part of this Code. The Schedule is found at the conclusion of this Code.

   As used in this Division, the term “planned development” or “PD” means a development wherein, in accordance with an approved development plan:

   (A)   common open space is reserved;

   (B)   various housing types and other structures and uses may be mixed and/or

   (C)   overall average density does not exceed the usual zoning district limit.

   This Section authorizes development of Planned Developments and establishes procedures in order to achieve the objectives enumerated in Section 40-1-2 and the following additional objectives:

   (A)   to provide a regulatory mechanism whereby the Village can be assured that upon completion, approved development projects will substantially conform to the plans or models which constituted the basis for the issuance of the necessary zoning and subdivision permits;

   (B)   to permit development of a wide variety of housing types and other structures and uses in a single comprehensively planned project;

   (C)   to preserve the natural topography, scenic features, mature trees and historic structures existing on sites proposed for development;

   (D)   to encourage innovative site layouts and coordinated architectural treatment of different housing types and other structures;

   (E)   to ensure the provision of usable, common, open space in planned developments, and to spur installation of various amenities therein;

   (F)   to facilitate the economical installation of standard streets, sewers, utilities, and other improvements.

   Except as specifically provided otherwise in this Code, planned developments--including all structures and uses therein- -shall, at a minimum, be built in conformity with all applicable codes and ordinances, including the Zoning Code and the Subdivision Code.

   Planned Developments may be built in any Zoning District, but only upon the issuance of a special-use permit by the Zoning Board of Appeals after a hearing before the Plan Commission. (See Sec. 40-10-26)

   The Planned Development concept is intended to afford both the developer and the Village considerable flexibility in formulating development proposals. Consequently, to the extent indicated in this Section, Planned Developments may deviate from generally applicable Code requirements without a variance. Any proposed deviation not listed below, however, shall require a variance.

   (A)   Mixed Uses. Planned Developments may include all types of residential structures and any other uses approved by the Zoning Board of Appeals, provided that in approving such mixed uses, the Zoning Board of Appeals may attach any conditions necessary to protect the public welfare.

   (B)   Lot and Structure Requirements. In Planned Developments, the Zoning Board of Appeals may approve any reasonable deviation from the lot and structure requirements of the particular zoning district so long as the different uses within the PD are appropriately interrelated and property abutting the PD is adequately protected from any potential adverse impacts of the development. “Lot and structure requirements” mean minimum individual lot area, width and depth; minimum setbacks; and maximum structure height.

   (C)   Accessory Uses. In PDs the Zoning Board of Appeals may allow the developer to disregard the usual restrictions on accessory uses other than the prohibition against using an accessory structure as a dwelling.

   (D)   Location of Parking/Loading Spaces. By permission of the Zoning Board of Appeals, off-street parking and loading spaces in PDs need not be located in accordance with generally applicable requirements. The minimum number of such spaces, however, shall not be less than the number required as per Article V of this Code.

   Every applicant for Planed Development approval shall comply with the procedural requirements of this Section. The required procedures are as follows:

   (A)   Filing development plan with the Zoning Administrator;

   (B)   Review of plans by Plan Commission;

   (C)   Provision by the developer of adequate assurance for the completion of required improvements as per the development plan and subdivision regulations;

   (D)   Recommendation by Plan Commission; if any;

   (E)   Public hearing by the Zoning Board of Appeals as per the requirements of Article X - Administration;

   (F)   Decision of the Zoning Board of Appeals regarding approval/rejection of the development plan;

   (G)   Recording of development plan with the County Recorder of Deeds;

   (H)   Approval of Village Board (if necessary).

   Every applicant for approval of a development plan shall submit to the Administrator, in narrative and/or graphic form, the items of information listed below:

   (A)   Legal description of the total site proposed for development;

   (B)   Names and addresses of all owners of property within or adjacent to the proposed Planned Development;

   (C)   Statement of the planning objectives to be achieved by the PD through the particular approach proposed by the applicant, including a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;

   (D)   Development schedule indicating the approximate date when construction of the PD or stages of the PD can be expected to begin and to be completed;

   (E)   Statement of the applicant’s intentions with regard to the future selling or leasing of all or portions of the PD, such as land areas, dwelling units, etc.

   (F)   Data indicating:

      (1)   total number and type of proposed dwelling units;

      (2)   gross and net acreage of parcel;

      (3)   acreage of gross and usable open space; and

      (4)   area of any commercial uses.

   (A)   Existing site conditions, including contours at ten (10) foot intervals and locations of watercourses, flood plains, unique natural features, and wooded areas;

   (B)   Proposed lot lines and plot designs;

   (C)   Proposed location, size in square feet and general appearance of all existing and proposed buildings (both residential and non-residential) and other structures and facilities;

   (D)   Location and size in acres or square feet or all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semi- public uses;

   (E)   Existing and proposed vehicular circulation system, including off-street parking and loading areas and major points of ingress and egress to the development (notations of proposed ownership-- public or private--should be included where appropriate);

   (F)   Existing and proposed pedestrian circulation system, including its relationship to the vehicular circulation system and proposed treatments of points of conflict;

   (G)   Existing and proposed utility systems, including sanitary sewers, storm sewers, and water, electric, gas and telephone lines;

   (H)   General landscape plan indicating the treatment of both private and common open spaces and the location of required buffer strips;

   (I)   Enough information on land areas adjacent to the proposed PD to indicate the relationship between the proposed development and existing and proposed adjacent areas;

   (J)   Any additional information required by the Village to evaluate the character and impact of the proposed PD.

   (K)   Appropriate seals of the licensed surveyor, engineer or architect.

   The Zoning Board of Appeals, after meeting with the Plan Commission, shall compile a written report which either accepts or rejects the Development Plan. In making their decision, the Zoning Board of Appeals shall consider the following criteria:

   (A)   The extent to which the proposed development is consistent with the Comprehensive Plan and with the purposes of this Code and of all other applicable codes and ordinances;

   (B)   The extent to which the proposed development deviates from the regulations that are generally applicable to the property (including, but not limited to, the use, lot and building regulations of the district), and the apparent merits, if any, of said deviations.

   (C)   Whether the proposed design of the PD makes adequate provisions for vehicular and pedestrian circulation, off-street parking and loading, separation of residential and commercial uses, open space, recreational facilities, preservation of natural features, and so forth;

   (D)   The compatibility of the proposed PD with adjacent properties and surrounding area; and

   (E)   Any other reasonable criteria that the Zoning Board of Appeals may devise.

   The Zoning Board of Appeals shall either approve or disapprove each and every Development Plan. However, the Zoning Board shall not approve any PD unless:

   (A)   The developer has posted a performance bond or deposited funds in escrow in the amount of the Village Engineer deems sufficient to guarantee the satisfactory completion of all required improvements; and

   (B)   The Village Attorney has stated that all legal instruments (particularly the restrictive covenants) are satisfactory; and

   (C)   The proposed PD, as evidenced by the Development Plan, complies with all applicable codes, regulations and ordinances. (Deviations to the extent permitted under Section 40-3-27 shall not be deemed as noncomplying.)

   No changes shall be made to any approved PD Development Plan, except as follows:

   (A)   Minor changes, if required by engineering or other circumstances not foreseen at the time the final development plan was approved.

   (B)   All other changes shall require a public hearing before the Zoning Board of Appeals.

   (C)   No approved change shall have any effect until it is recorded with the County Recorder of Deeds as an amendment to the recorded copy of the Development Plan. (See Article X - Division V)

   If a substantial amount of construction has not begun within the time stated in the approved construction schedule, the Development Plan shall lapse upon written notice to the applicant from the Zoning Administrator and shall be of no further effect. However, in his discretion and for good cause, the Zoning Administrator may extend for a reasonable time the period for the beginning of construction. If a final Development Plan lapses as per this Section, the following shall be applicable:

   (A)   The special-use permit shall be automatically revoked; and

   (B)   any zoning permits shall automatically become null and void; and

   (C)   all regulations applicable before the PD was approved shall automatically be in full effect.

   In conjunction with any existing or proposed development, the Village shall be exempt from all of the provisions of this Section.