Hodgkins City Zoning Code

For the purpose of this title, the village shall be and is hereby divided into zoning districts as follows:

 

(1985 Code § 9-3-1; amd. 2016 Code; Ord. 22-04, 4-11-2022)

   A.   Authorization and Location of Map: The boundaries of the districts are as indicated on the Zoning map of the Village, a copy of which is on file in the office of the Village Clerk in the Village Hall and is identified on its face as part of this Title. Said zoning map, with all notations, references, and other matters thereon, is as much a part of this Title as if such notations, references, and other matters were specifically set forth herein. No building shall be erected or altered, nor shall any building or premises be used for any purpose other than is permitted in the district in which said building or premises is located, except as provided in Chapter 11 of this Title relating to nonconforming uses.

   B.   Interpretation Of District Boundaries: In the event, uncertainties exist with respect to the intended boundaries of the various districts as shown on the Zoning map, the following rules shall apply:

      1.   The district boundaries are the centerlines of streets unless otherwise indicated, and where the designation of a boundary line on the Zoning map coincides with the location of a street, the centerline of such street shall be construed to be the boundary of such districts.

      2.   Where the district boundaries do not coincide with the location of streets but do coincide with lot lines; such lot lines shall be construed to be the boundary of such districts.

      3.   Where the district boundaries do not coincide with the location of streets or lot lines, the district boundaries shall be determined by the use of the scale indicated on the Zoning map. (1985 Code § 9-3-2; amd. Ord. 22-04, 4-11-2022)

Areas annexed to the Village shall be Zoned only after a public hearing as provided for by statute. It shall be the duty of the Village President to immediately appoint a Zoning Committee to hear and consider the Zoning of such areas annexed and to make its recommendations to the Village Board. Until such public hearing and Zoning, the area so annexed shall be deemed to be Zoned in the district in which it was under any other comprehensive Municipal Zoning Ordinance prior to its annexation. (1985 Code § 9-3-3; amd. Ord. 22-04, 4-11-2022)

An area indicated on the official Zoning map as a municipal area, public lands, public park or recreation area, public utility area, cemetery, public school site, or semipublic open space shall not be used for any other purpose, and when the use of the area is discontinued, it shall automatically be Zoned R-2 Residence and Multiple Dwelling Zone, until otherwise Zoned. (1985 Code § 9-3-4; amd. Ord. 22-04, 4-11-2022)

   A.   Jurisdiction: Any use hereafter established in any Zoning District in the Village shall be used and maintained in such a manner as to comply with applicable performance standards as hereinafter set forth governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire, and explosive hazards, vibration, radiation, or glare or heat for the district in which such use shall be located; and no use already established on the effective date hereof shall be so altered or modified as to conflict with, or further conflict with applicable performance standards for the district in which such use is located.

   B.   Noise: Each land use must conform to the standards set forth in the Hodgkins noise ordinance, as follows:

      1.   General Provisions:

         a.   Definitions: Except as hereinafter stated, and unless a different meaning of a term is clear from its context, the definitions of terms used in this subsection shall be the same as those used in the Illinois Environmental Protection Act. All definitions of acoustical terminology shall be in conformance with those contained in ANSI S1.1-1960 "Acoustical Terminology" or subsequent revisions.

 

         b.   Prohibition of Noise Pollution: No person shall cause or allow the emission of sound beyond the boundaries of his property, as property is defined in subsection B2a of this section, to cause noise pollution within the corporate limits of the Village or to violate any provision of this subsection B.

         c.   Measurement Procedures: The Village shall follow measurement procedures, which are consistent with those adopted by the Illinois Environmental Protection Agency.

         d.   Burden Of Persuasion Regarding Exceptions: In any proceeding pursuant to this subsection, if an exception stated in this subsection would limit a liability or eliminate either an obligation or a liability, the person who would benefit from the application of the exception shall have the burden of persuasion that the exception applies and that the terms of the exception have been met. The Village shall cooperate with and assist persons in determining the application of the provisions of this Chapter.

         e.   Severability: If any provision of these rules or regulations is adjudged invalid, or if the application thereof to any person or in any circumstance is adjudged invalid, such invalidity shall not affect the validity of this subsection B as a whole or of any part, subpart, sentence or clause thereof not adjudged invalid.

      2.   Sound Emission Standards and Limitations for Property Line Noise Sources: All terms defined in subsection B1 of this section, which appear in this subsection B2, have the same definitions specified by subsection B1a of this section.

         a.   Classification Of Land According To Use:

Class R land use includes land classified by the Hodgkins Zoning Title for single-family residence uses and multiple-family residence uses in Residence R Zone and Residence R-2 Zone, and commercial property uses in Commercial C Zone.

Class land use includes land classified by Hodgkins Zoning District provisions for light industry and any use not permitted by class R.

            (1)   Sound Emitted To Class R Land During Daytime Hours: No person shall cause or allow the emission of sound during daytime hours from any property line noise source to any receiving class R land which exceeds any allowable A weighted sound pressure levels specified in table one (1) of this section when measured at any point within such receiving class R land; provided, however, that no measurement of A weighted sound pressure levels shall be made less than twenty five feet (25') from such property line noise source.

TABLE 1
ALLOWABLE A-WEIGHTED SOUND PRESSURE LEVELS OF SOUND EMITTED TO ANY RECEIVING CLASS R LAND FROM

 

 

            (2)   Sound Emitted To Class R Land During Nighttime Hours: No person shall cause or allow the emission of sound during nighttime hours from any property line noise source to any receiving class R land which exceeds any allowable A weighted sound pressure level specified in table two (2) of this section, when measured at any point within such receiving class R land; provided, however, that no measurement of A weighted sound pressure levels shall be made less than twenty five feet (25') from such property line noise source.

TABLE 2
ALLOWABLE A-WEIGHTED BAND SOUND PRESSURE LEVELS OF SOUND EMITTED TO ANY RECEIVING CLASS R LAND FROM

 

 

Exceptions to Subsection B2a:

            (3)   Subsections B2a (1) and B2a (2) of this section shall not apply to sound emitted from emergency warning devices and unregulated safety relief valves.

            (4)   Subsections B2a(1) and B2a(2) of this section shall not apply to sound emitted from lawn care maintenance equipment, snow blowers, or chain saws used during daytime hours.

            (5)   Subsections B2a (1) and B2a (2) of this section shall not apply to sound emitted from equipment being used for construction during the hours of seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. if approved by the Village Administration.

            (6)   Subsection B2a(2) of this section shall not apply to sound emitted from existing property line noise sources during nighttime hours; provided; however, that sound emitted from such existing property line noise sources shall be governed during nighttime hours by the limits specified in subsection B2a(1) of this section.

            (7)   Subsections B2a(1) and B2a(2) of this section shall not apply to the operation of any vehicle registered for highway use while such vehicle is being operated within any land used as specified in subsection B2a of this section in the course of ingress to or egress from a highway.

      3.   Sound Emission Standards And Limitations For Motor Vehicles:

         a.   Standards Applicable To All Passenger Cars And To Other Motor Vehicles With GVW of Eight Thousand (8,000) Pounds Or Less:

            (1)   Applicability: This subsection shall apply to all passenger cars regardless of weight and to other motor vehicles with a gross vehicle weight of eight thousand (8,000) pounds or less, except motorcycles and motor driven cycles.

            (2)   Standards For Highway Operation: No person shall operate or cause or allow the operation of a motor vehicle subject to this rule at any time under any conditions of highway grade, load, acceleration, or deceleration in such a manner as to exceed the limit of seventy four (74) dB(A), on any roadway within the corporate limits of the Village, as measured with fast meter response at fifty feet (50') from the street line of travel or an equivalent sound level limit measured in accordance with procedures established in subsection B1c of this section.

         b.   Standards Applicable To Motor Vehicles With GVW In Excess of Eight Thousand (8,000) Pounds.

            (1)   Applicability: This rule shall apply to motor vehicles with a gross vehicle weight in excess of eight thousand (8,000) pounds, except passenger cars.

            (2)   Standards For Highway Operation: No person shall operate or cause or allow the operation of a motor vehicle subject to this rule at any time under any conditions of highway grade, load, acceleration, or deceleration in a manner as to exceed eighty six (86) dB(A) on any roadway within the corporate limits of the Village, as measured with fast meter response at fifty five (50') from the centerline of the lane of travel, or an equivalent sound level limit measured in accordance with procedures established in subsection B1c of this section.

         c.   Standards Applicable To Motorcycles And Motor Driven Cycles:

            (1)   Applicability: This rule shall apply to all motorcycles and motor driven cycles.

            (2)   Standards For Highway Operation: No person shall operate or cause or allow the operation of a motor vehicle subject to this rule at any time or under any conditions of highway grade, load, acceleration, or deceleration in such a manner as to exceed eighty (80) dB(A) on any roadway within the corporate limits of the Village as measured with fast meter response at fifty feet (50') from the centerline of the lane of travel, or an equivalent sound level limit measured in accordance with procedures established in subsection B1c of this section.

         d.   Exceptions To This Subsection B3: The standards and limitations of subsections B3a, B3b, and B3c of this section shall not apply to:

            (1)   Any vehicle used exclusively upon stationary rails or tracks.

            (2)   Any lawn care maintenance equipment or snow blowers.

            (3)   Warning devices such as horns and sirens; or to emergency equipment and vehicles such as fire engines, ambulances, police vans, and rescue vans when responding to emergency calls or snowplows when in operation.

      4.   Miscellaneous Provisions:

         a.   Violation Of Noise Regulations On Public Property: Sound sources such as radio, stereo, tape player, or other sound producing equipment shall not exceed fifty five (55) dB(A) during daytime hours or forty five (45) dB(A) during nighttime hours when measured in excess of twenty five feet (25') from the sound source.

         b.   Church Bells: The standards for church bells shall be in accordance with those set forth by the Illinois Environmental Protection Agency.

         c.   Exception to This Subsection B4: The standards and limitations of subsections B4a and B4b of this section shall not apply to Village approved parades.

      5.   Compliance And Penalty:

         a.   Penalty: Any person who shall violate any of the subsections in this subsection B shall, on conviction thereof, be fined in the sum of not less than ten dollars ($10.00) nor more than seven hundred fifty dollars ($750.00) for each offense.

   C.   Vibration: Each land use must conform with section 9-7-1-11 of this code, Chapter 56.

   D.   Smoke And Particulate Matter: Each land use must conform to the standards set forth from time to time by the Air Pollution Control Ordinance of the Village and the Illinois Environmental Protection Agency. Such standards shall include, but not be limited to, the requirements as outlined in the publication entitled "State of Illinois Smoke and Particulate Matter," adopted by the Illinois Air Pollution Control Board and dated April 14, 1972, or subsequent revisions.

   E.   Toxic Matter: Each land use must conform to the standards set forth from time to time by the Illinois Environmental Protection Agency and the United States Environmental Protection Agency, whichever is more stringent.

   F.    Fire And Explosive Hazards:

      1.   Each land use must conform with section 9-7-1-11 of this code, Chapter 56.

      2.   The storage, utilization, or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted, provided the following conditions are met:

         a.   Said materials or products shall be stored, utilized, or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.

         b.   Said materials or products shall be stored, utilized, or manufactured so as to comply with the Fire Code adopted in section 9-7-1-11 of this code.

   G.   Glare and Heat: Any operation producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a public nuisance or hazard along lot lines. Exposed sources of light shall be shielded so as not to create a nuisance across lot lines.

   H.   Odorous Matter: Each land use must conform to the standards set forth from time to time by the Illinois Environmental Protection Agency. Such standards shall include, but not be limited to, the requirements as outlined in the publication entitled "State of Illinois Odorous Matter," adopted by the Illinois Air Pollution Control Board and dated April 14, 1972, or subsequent revisions.

   I.   Radiation Hazards:

      1.   Release Outside Property Lines: In any district, the release of radioactive materials or the emission of ionizing radiation outside of property lines shall be in accordance with the standards set forth from time to time by the Illinois Environmental Protection Agency. Such standards shall include, but not be limited to, the requirements as outlined in the rules and regulations of the State of Illinois "Rules and Regulations for Prevention of Radiation Hazards," adopted April 18, 1961, amended May 15, 1967, or subsequent revisions.

      2.   Unsealed Radioactive Materials: In any district, unsealed radioactive materials shall not be manufactured, utilized, or stored except when such materials are stored in a fireproof container at or below ground level.

   J.   Water Pollution: Each land use must conform to the standards set forth from time to time by the Illinois Environmental Protection Agency. Such standards shall include, but not be limited to, the requirements as outlined in the publication entitled "Water Pollution Regulations of Illinois," dated March 7, 1972 (Division of Water Pollution Control) or subsequent revisions. (1985 Code § 9-3-5; amd. 2016 Code; Ord. 22-04, 4-11-2022)