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Hodgkins City Zoning Code

CHAPTER 2

GENERAL ZONING PROVISIONS

10-2-1: COMPLIANCE WITH DISTRICT REGULATIONS:

   A.   No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located.
   B.   No building or structure other than a building for conditional use shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the area regulations of the Zone in which the building is located. (1985 Code § 9-2-1; amd. Ord. 22-04, 4-11-2022)

10-2-2: LOTS:

   A.   Previously Recorded Lots: Any separate lot, the Title of which was of record at the effective date hereof, that does not meet the requirements of this Title for yards, courts, or other area of open space, may be utilized for single residence purposes; provided, the requirements for such yard or court or lot area, width, depth or open space is within seventy five percent (75%) of that required by this Chapter. The purpose of this subsection is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided.
   B.   Number Of Buildings On A Lot: Every building hereafter erected or structurally altered to provide dwelling units shall be located on a "lot," as defined in section 10-1-4 of this Title, and in no cases shall there be more than one such building on one lot unless otherwise provided in this Title. Party walls are hereby expressly prohibited.
   C.   Open Spaces:
      1.   Space Requirements Applicable To One Building Only: No space for which, for the purpose of a building or dwelling group, has been counted or calculated as part of a side yard, rear yard, front yard, court, or other open space required by this Chapter may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or other space requirement of or for any other building.
      2.   Projections Into Open Spaces:
         a.   An open terrace, but not including a roofed over porch or terrace, may occupy a front yard, provided the unoccupied portion of the front yard has a depth of not less than fifteen feet (15').
         b.   A one-story bay window may project into a front yard, not more than three feet (3').
         c.   Overhanging eaves, including gutters, may project over the minimum required side yard, not more than eighteen inches (18").
   D.   Street Access: No building shall be constructed or erected upon a lot or parcel of land which does not abut upon a public street or have permanent easement for access to a public street, which easement shall have a minimum width of twenty five feet (25') unless an easement of lesser width was of record prior to the effective date hereof. (1985 Code § 9-2-2; amd. Ord. 22-04, 4-11-2022)

10-2-3: STRUCTURE REQUIREMENTS:

   A.   Setbacks:
      1.   Minimum: In addition to the setback requirements in any district herein set forth, every part of a building or structure hereinafter erected or relocated shall be located or set back:
         a.   From the established centerline of any section, line road, or street, at least fifty feet (50').
         b.   From the established centerline of every half, section line road or street, at least forty feet (40').
         c.   From the established centerline of every other road or street fronting a lot or building plat, at least thirty three feet (33').
         d.   The minimum setback on Joliet Road (U.S. Route 66) and LaGrange Road (U.S. Route 45) shall be at least fifty feet (50').
         e.   From the established centerline of said road or street, the minimum setback on Stevenson Highway (I-55) shall be at least twenty feet (20') from its closest right of way line.
         f.   Fences in R and R-2 Districts in alleyways shall have a minimum setback of six feet (6') from the edge of the alley.
         g.   Fences located at ingress/egress to all alleyways shall have a setback of ten feet (10') from the edge of the alley; for corner properties, a five foot (5') setback from the edge of the sidewalk.
         h.   All fences in R and R-2 districts within twenty feet (20") of the sidewalk shall be a maximum of four feet (4") in height. After twenty feet (20'), fences shall have a maximum height of six feet (6'). For corner properties, a five foot (5') line of site shall be required, with the exception of junkyards. Fences shall not have any barbs or sharp points at the top thereof.
         i.   All garages in R and R-2 Districts in alleyways shall have a minimum setback of five feet (5') from the edge of the alley.
      2.   Alteration for Public Building: The Zoning Board of Appeals shall have the power to recommend to the Village Board the alteration of the required setback line in case of public or semipublic buildings after a public hearing and after a showing that such action will not cause damage and will be in accord with the general purpose of this Title.
   B.   Height: No structure may be erected to exceed in height the height limits of the district in which it is located. Antennas, however, may exceed the height limits by ten feet (10') over the highest point of the roof.
   C.   View at Intersections: It shall be unlawful to construct or maintain, or permit to remain, any fence or other structure on a corner lot within fifty feet (50') of the street line, which obstructs the view at a height of more than five feet (5') above the level of the adjacent street pavement.
   D.   Use Restrictions:
      1.   No basement in any dwelling shall be used for nor shall it contain any quarters for sleeping or cooking unless used by the family living above.
      2.   No half story shall contain cooking facilities, and any space therein may be used only by the family living on the floor immediately below.
   E.   Billboard Obstructions:
      1.   No portion of a newly installed billboard structure (including the sign column, sign apron, or walkway) shall obstruct the visibility of the advertising face of an existing billboard within a distance of one thousand feet (1,000') from either direction on the road or highway.
      2.   The distance of one thousand feet (1,000') shall be measured from the farthest point of the existing billboard on the same side of the road or highway to the middle of the viewing lane of the same road or highway.
      3.   The application process shall include all necessary plats of survey and other documentation to assure compliance with this subsection E. (1985 Code § 9-2-3; amd. Ord. 05-12, 6-13-2005; Ord. 05-25, 10-10-2005; Ord. 11-02, 3-14-2011, eff. 3-15-2011; 2016 Code; Ord. 22-04, 4-11-2022)

10-2-4: ACCESSORY BUILDINGS:

Accessory buildings, except as otherwise permitted or prohibited in this Title, shall be subject to the following regulations:
   A.   Where an accessory building is structurally attached to a main building, it shall be subject and must conform to all regulations of this Title applicable to the main building.
   B.   No detached accessory building shall be located closer than ten feet (10') to any main building.
   C.   An accessory building shall not be erected prior to the establishment or construction of the principal use or building.
   D.   The setbacks are determined by the Zoning District. (1985 Code § 9-2-4; amd. Ord. 22-04, 4-11-2022)

10-2-5: CONDITIONAL USES PERMITTED:

The following uses of land or structures, or both, may be permitted within any LM or HM use district, subject to specific provisions of this Title:
Adult-Use Cannabis Business Establishment Facilities.
Extraction of gravel, sand, or other raw materials.
Municipal or privately owned recreation buildings or a community center.
Nursery schools, day nurseries, and childcare centers, provided there is a minimum of one hundred (100) square feet of outdoor play area for each child to be cared for and that the play area is fenced or screened from any adjoining lot in any Residence Zone with planting.
Parking area, public, except for trucks over eight thousand (8,000) pounds.
Places of religious worship used for religious teaching and accessory buildings.
Police stations, fire stations, or places for storage of municipal equipment.
Public administration building, auditorium, gymnasium, or any other publicly owned structure.
Public or private park or playground.
Public utility facilities, filtration plant or pumping station, heat or power plant, transformer station, and other similar facilities.
Radio and television antenna towers, commercial.
Railroad right of way, switch tracks, and rail connection facilities, but excluding a general railroad terminal.
Schools, public or private. Telephone exchange. (1985 Code § 9-2-5; amd. 2016 Code; Ord. 22-04, 4-11-2022)

10-2-6: CEMENT AND/OR ASPHALT PLANTS:

Except within the cement and asphalt plant CA Zone designated pursuant to Chapter 6, Article C of this Title where it shall be permitted use, elsewhere within the boundaries of the Village, cement and/or asphalt plants are declared and designated as a "special use" of real estate and, therefore, subject to the rules and regulations as set forth in Chapter 12 of this Title. (Ord. 09-10, 10-12-2009; amd. Ord. 22-04, 4-11-2022)

10-2-7: MISCELLANEOUS PROVISIONS:

   A.   Water and Sewage Disposal: All buildings erected or altered shall be served by the water and sanitary sewer systems of the Village.
   B.   Water Pollution Control: No land shall be used or business permitted in any Zone District, which will dispose into the waters of the Village any organic or inorganic matter or wastes that shall cause pollution of such waters. (1985 Code § 9-2-8; amd. Ord. 22-04, 4-11-2022)

10-2-8: PARKING:

   A.   Parking is allowed in established parking areas and lots and on streets based on the Zoning District.
   B.   All parking surfaces shall be concrete or asphalt.
   C.   No parking is allowed on grass or any unpaved hard surface. (Ord. 22-04, 4-11-2022)