1.

The jurisdiction of the ordinance shall include all lands and waters within the corporate limits of the municipality.

2.

All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations, or relocation of existing buildings occurring hereafter and all enlargements of, or additions to, existing uses occurring hereafter shall be subject to all regulations of this ordinance which are applicable to the zoning districts in which such buildings, uses, or land shall be located.

1.

No building or other structure shall be erected, altered or enlarged and no use of land shall be established or enlarged for any use except a use that is named in the list of permitted uses for the zoning district in which the building, structure or land is, or will be located. There shall be two exceptions to this requirement:

a.

Uses lawfully established prior to the effective date of this ordinance may be continued, subject to the conditions and restrictions contained in article 7, of this ordinance.

b.

Special uses may be allowed, but only in accordance with the provisions of this ordinance.

2.

The uses that are permitted in each zoning district are listed in article 5 of this title.

The following use restrictions and regulations shall apply:

1.

Principal uses. Only those principal uses specified for a district or on a planned development plat, their essential services, and the following uses shall be permitted in that district.

2.

Accessory uses and structures. Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction.

3.

Uses by special use permit (conditional uses). Uses by special use permit and their accessory uses are permitted in districts as specified, but only according to the procedure set forth in article 4 of this ordinance. Also, any development within 500 feet of the existing or proposed right-of-way of freeways, expressways, interstate and controlled-access trafficways, and within 1,500 feet of their existing or proposed interchange or turning lane rights-of-way shall be deemed to be a use by special permit. Such development shall be specifically reviewed by the planning commission as provided in article 4 of this ordinance and a special use permit shall be required.

4.

Unclassified unspecified uses. In case of uncertainty where the zoning administrator is unable to determine literally whether a use is permitted as a principal or accessory use, he shall consult the village attorney for an interpretation.

5.

Temporary uses. Temporary uses such as real estate field offices or shelter for materials and equipment being used in construction of a permanent structure may be permitted by the zoning administrator through the issuance of a certificate of zoning compliance for a period not to exceed six months. This temporary certificate may be renewed semiannually but in no case shall the effective time of the certificate exceed two years.

6.

Performance standards. Performance standards listed in article 8 shall apply to all uses in all districts unless specifically waived by the governing body after consulting with the planning commission.

1.

All accessory uses shall comply with the standards of the district in which they are located. No accessory use or structure shall be established or erected prior to the establishment or erection of the principal use to which it is accessory. No existing accessory use may be expanded or extended, except in compliance with all of the regulations of this ordinance.

2.

Where an accessory building is structurally attached to a principal building, it shall be subject to, and must conform to, all regulations of this ordinance applicable to the principal building.

3.

The following are permitted accessory uses when located in compliance with this article and the regulations of the zoning district in which they are located:

a.

Private garages.

b.

Carports.

c.

Garden sheds, not to exceed 12 feet by 12 feet.

d.

Storage buildings.

e.

Children's playhouses, not to exceed ten feet by ten feet.

f.

Free-standing decks.

g.

Greenhouses, not to exceed 12 feet by 12 feet.

h.

Pools/hot tubs/spas.

4.

No accessory building or structure shall encroach upon a required:

a.

Corner side yard of a lot abutting a street; or

b.

The front yard of any lot.

5.

No accessory building or structure shall exceed the height of one story or 15 feet.

6.

Accessory buildings and structures shall be located at least five feet from any property line.

7.

Detached garages and carports accessory to single-family dwellings shall not exceed 30 percent of the required rear yard area, or 700 square feet, whichever is less.

8.

Detached garages and carports that are accessory to multi-family dwellings shall not exceed 450 square feet per each dwelling unit.

9.

All other detached accessory uses not mentioned in this section shall not exceed ten percent of the rear yard area.

1.

The village board may authorize the temporary use of a building, structure or parcel of land in any zoning district for a building, structure or use of land that does not conform to regulations prescribed elsewhere in this ordinance for the zoning district in which it is located, provided however, that such use is of a temporary nature.

2.

Such uses shall be granted for a specified period of time and shall be subject to such conditions as the village board determines to be necessary for the safeguarding of the public health, safety and general welfare.

3.

The zoninig administrator, with the written concurrence of the fire, public works, and other appropriate departments may authorize the temporary use of a building, structure or parcel of land in any zoning or underlying PUD district for a building, structure or use of land that does not conform to the regulations prescribed elsewhere in this title for the zoning district in which it is located, provided, however, that such use will not have a potential adverse impact on surrounding properties or public health, safety and general welfare, and shall not exceed a period of more than six months.

4.

Requests for temporary uses for periods in excess of six months, or those having a potential adverse impact on surrounding properties, shall require the village board's approval.

5.

The village board shall only grant such temporary uses for specified periods of time and subject to such conditions as the village board determines to be appropriate to protect against any potential adverse impact on surrounding properties and for safeguarding the public health, safety and general welfare.

No lot shall be created that does not comply with the minimum lot area and width of the district in which it is located, unless otherwise granted as part of a planned unit development or special use.

Unless otherwise granted under the terms of a variance or a special use permit, the following bulk limitations shall apply:

a.

No building or other structure shall be erected, altered nor enlarged so as to exceed the maximum lot coverage or the maximum height for the district in which the building or structure is located.

b.

No building or other structure shall be erected, altered or enlarged, nor shall any use of land be established or enlarged unless the minimum setbacks and side and rear yards specified for the district in which the building, structure or use of land is located are maintained. All additions to principal buildings shall comply with the setback and yard requirements for the principal building.

1.

Height limitations shall be as set forth in each zoning district for all buildings, structures and uses of land.

2.

Chimneys, ornamental towers, scenery lofts, monuments, cupolas, domes, spires, steeples, and similar structures and necessary mechanical appurtenances may be erected to their customary height, regardless of the height limitations of the zoning district in which they are located.

1.

General.

a.

The minimum yard space required for one structure shall not again be considered as yard space for another adjoining structure.

b.

No lot shall be reduced in area so that the yards or other open spaces become less than required by this title.

2.

Front yard.

a.

For residentially zoned lots, a front yard of not less than 20 feet shall be provided. Where lots comprising 50 percent of the frontage on the same street and within the same block are developed with buildings having front yards with a variation of not more than ten feet in depth, the average of such front yards shall establish the minimum front yard depth for the entire frontage, but in no case shall a front yard of more than that stipulated above be required.

b.

When 40 percent or more of the lots fronting on one side of a street within a block are improved, the existing setbacks of such improved lots shall be the "established setback" for determining the depth of the required front yards for the remainder of the lots along such street frontage, as regulated in this title.

3.

Double-frontage lots/through lots. Double frontage lots shall not be allowed, except where lots back up to an arterial or collector. In such instances, vehicular access between the lots and the primary thoroughfare shall be prohibited.

4.

Corner lots.

a.

For a corner lot, the front shall be the narrowest side edge of the lot fronting on a street; provided that the owner may orient his building toward either street.

b.

Corner lots shall be ten feet wider than that required by the underlying zoning district in which the lot is created.

For the purpose of this chapter, the following shall be considered permitted obstructions in the required yards:

1.

All yards:

a.

Awnings and canopies, limited to three feet.

b.

Steps four feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley.

c.

Chimneys that project 36 inches or less into the yard.

d.

Approved free-standing signs.

e.

Arbors and trellises.

f.

Flagpoles, maximum of three.

g.

Fences or walls, subject to article 3.L of this title.

h.

Open off-street parking and loading spaces, according to standards set forth in article 9 of this title.

2.

Front and corner side yards:

a.

Open patios or decks not over three feet above the average level of the adjoining ground, provided they do not extend more than five feet into the minimum required yard.

b.

Bay windows which project three feet or less into the minimum required yard.

c.

Overhanging eaves and gutters which project three feet or less into the minimum required yard.

3.

Rear yards:

a.

Balconies.

b.

Open terraces or decks, provided they are not over three feet above the average level of the adjoining ground, and do not extend more than 15 feet into the minimum yard.

c.

Laundry drying equipment.

d.

Ground-supported air conditioning units which extend not more than four feet into the required yard.

e.

Bay windows which project three feet or less into the minimum required yard.

f.

Overhanging eaves and gutters which project three feet or less into the minimum yard.

4.

Interior side yards:

a.

Overhanging eaves and gutters which project three feet or less into the yard.

b.

Ground-supported air conditioning units which extend not more than four feet into the minimum required yard.

Except where otherwise stated, the requirements of the Sight Distance Triangle shall be as follows:

On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two feet and eight feet above the grade at the back of the curb of the intersecting streets, within the triangular area formed by the right-of-way lines and a line connecting them at points 30 feet from their point of intersection or at equivalent points on private streets, except that the sight distance triangle may be increased when deemed necessary for traffic safety by the zoning administrator.

1.

Fences shall conform to the Village of Hinckley Fence Ordinance.

2.

Fences are to be kept in good repair and the maintenance of the fence is the responsibility of the property owner.

Unless approved as part of a planned unit development or special use permit, no more than one principal building shall be located on a zoning lot. Only one accessory building or accessory portion of a principal building shall be permitted per zoning lot. One garden shed, not to exceed 12 feet by 12 feet is also permitted per zoning lot.

Except as otherwise provided for in this title, every principal building shall be constructed or erected upon a lot or parcel of land which abuts or has public access to and upon a public street unless a permanent easement of access to a public street was of record prior to the effective date hereof.

1.

Purposes: It is the intent of this section to allow as home occupations only those uses that conform to the standards of this section. Custom and tradition are intentionally excluded as criteria. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence. The standards for home occupations are intended to ensure compatibility with other permitted uses and the residential character of the neighborhood and to maintain the subordinate and incidental status of the home occupation.

2.

Location: A home occupation may be conducted in any dwelling unit or in any building or structure accessory to the dwelling unit in any zoning district in which dwelling units are permitted.

3.

Permitted uses: Home occupations shall include, but shall not be limited to, the following uses:

a.

Beauty shops and barbershops; limited to two operators of whom one shall be a resident of the dwelling unit in which this home occupation is permitted.

b.

Babysitting services and daycare homes that are in compliance with state regulations.

c.

Instruction in music, dance, home crafts and art; provided, that the total class size does not exceed four students at any time.

d.

Offices of architects, brokers, engineers, insurance agents, lawyers, real estate agents, and urban planners.

e.

Offices of religious leaders.

f.

Offices of salesmen, sales representatives or manufacturers' representatives; provided, that no retail transactions shall be made on the premises except through telephone, fax, e-mail or mail communication and no wholesale transactions shall include the acceptance or delivery of merchandise on the premises.

g.

Studios of artists, authors, composers, photographers and sculptors.

h.

Workrooms of dressmakers, seamstresses and tailors.

i.

Workrooms for home crafts, such as model making, rug weaving, lapidary work and cabinetmaking.

4.

Prohibited uses: Permitted home occupations shall not be deemed to include the following uses:

a.

Animal hospitals.

b.

Clinics, medical and dental.

c.

Eating and drinking establishments.

d.

General retail.

e.

Hospitals and sanitariums.

f.

Commercial kennels.

g.

Rental of mobile homes, trailers and camper trailers.

h.

Stables.

i.

Undertaking establishments and funeral parlors.

5.

Standards: The following standards shall govern the operation of a home occupation:

a.

The building or structure in which the home occupation is located shall be subject to the regulations of the zoning district in which located.

b.

The home occupation shall be conducted completely within the dwelling unit or within an accessory building or structure.

c.

No more than one person other than permanent residents of the dwelling unit shall be employed in the home occupation.

d.

The home occupation shall be subordinate and incidental to the principal use of the building or structure for residential purposes and not more than 25 percent of the gross floor area of the dwelling unit and accessory buildings or structures on the premises on which the home is located shall be devoted to the home occupation.

e.

The outside display of goods and the outside storage of equipment, materials or motor vehicles utilized in the home occupation shall be prohibited.

f.

Off-street parking for the home occupation shall be provided in accordance with the provisions of article 9 of this title.

g.

The home occupation shall not generate noise, vibration, glare, fumes, odors or electrical interference beyond that which normally occurs in the zoning district in which located.

1.

Applicability: These regulations shall apply to all boats and snowmobiles (with or without trailers), and recreational vehicles as defined in the Illinois Motor Vehicle Code, in any zoning district, except in the manufacturing districts. They shall apply to all recreational vehicles other than the mobile homes permanently affixed to the ground and used as a principal residence, and recreational vehicles that are daily use vehicles; i.e., normally used at least five days a week.

2.

Storage of recreational vehicles: Storage of boats, snowmobiles and recreational vehicles shall be regulated as follows:

a.

Only one boat, snowmobile or recreational vehicle shall be stored on any lot or parcel of land by the occupant of subject lot or parcel of land, provided they are stored only in the rear yard or in a fully enclosed building or structure. They shall not be stored in the required front yard and corner side yard setbacks, except as provided in P.4. of this article (below).

b.

Boats, snowmobiles and recreational vehicles shall be located no closer than five feet to any rear or interior side lot line.

c.

In any zoning district, the wheels or any similar transporting devices of a boat, boat trailer, snowmobile, snowmobile trailer or recreational vehicle shall not be removed except for repairs, nor shall a boat, boat trailer, snowmobile, snowmobile trailer or recreational vehicle be otherwise permanently affixed to the ground in a manner that would prevent removal of said boat, boat trailer, snowmobile, snowmobile trailer or recreational vehicle.

3.

Parking of recreational vehicles: Recreational vehicles may be parked on the driveway within the required front yard or corner side yard setback, provided:

a.

The recreational vehicle shall be used daily and shall be its owner's principal means of transportation.

b.

The length of the recreational vehicle shall not exceed 25 feet or the required front yard or corner side yard setback. Nor shall the recreational vehicle exceed eight feet in width or ten feet in height.

4.

Temporary storage and parking of recreational vehicles: A boat on a trailer, snowmobile on a trailer or recreational vehicle may be placed, kept or maintained upon any lot or parcel of land for a period not to exceed the following:

a.

During the period of April 15 through October 31 a boat on a trailer or recreational vehicle may be located within the required front yard setback or corner side yard setback for an aggregate total not to exceed 30 days.

b.

An aggregate of 14 days (which may or may not be consecutive) within a period of 30 days for storage if such boat on a trailer, snowmobile on a trailer or recreational vehicle is owned by a guest of the occupants of the residence.

1.

Temporary model homes shall be used primarily to offer for sale or rental dwelling units located within the same subdivision or planned unit development in which the model home is located. The following regulations shall govern the operation of a model home:

2.

Upon request by the village, the owners of the property shall provide information relating to the use of the model home, including, but not limited to, a record of sales or rentals made from the model home.

3.

Building materials may be stored within the model home but not upon the lot on which a model home is situated.

4.

Sales offices, rental offices and construction offices may be contained in a model home; provided, that the appearance of the model home is not substantially different from that of the other dwelling units in the subdivision or planned unit development.

5.

Temporary off-street parking facilities shall be provided containing not less than five parking spaces. The off-street parking and loading regulations of article 9 of this title shall apply to such facilities however said temporary parking need not follow the construction standards of article 9, so long as the hard surface is maintained to not allow the spread of loose material or drainage problems.

6.

Exterior floodlights may be used to illuminate the model home; provided, that lights are sufficiently screened so that private dwelling units and traffic are not adversely affected by the floodlights.

The zoning administrator may allow a land use to be considered as permitted which, though not identified by name in a zoning district list of permitted uses, is deemed to be similar in the nature as, and clearly compatible with the listed uses.