This title shall be known and may be cited as the ZONING ORDINANCE OF THE VILLAGE OF INVERNESS. (1983 Code)

Except as provided herein and except after obtaining written permission from the zoning enforcement officer, it shall be unlawful within the corporate limits of the village:

   A.   To establish any use of a building, structure or land, either by itself or in addition to another use.

   B.   To expand, change or reestablish any nonconforming use.

   C.   To erect a new building or structure or part thereof.

   D.   To rebuild, structurally alter, add to or relocate any building or structure or part thereof.

   E.   To reduce the open space or plot area required for a building or structure, or to include any part of such open space or plot area as that required for an adjoining building or structure.

   F.   To permit or maintain more than one single-family residence on an existing lot of record in a recorded subdivision in any single-family residence district, except conveyances to adjoining property owners as are otherwise permitted in this zoning ordinance.

   G.   To divide an existing lot of record in a recorded subdivision.

These provisions shall not nullify the more restrictive provisions of covenants, agreements, resolutions, other ordinances or laws of the village, but shall prevail notwithstanding such provisions which are less restrictive. (1983 Code)

   A.   Incidental Uses: Unless otherwise prohibited or restricted herein, a permitted use also allows buildings, structures and uses incidental thereto if located on the same site or building plot. However, such incidental use, buildings and structures shall not be established or erected prior to the establishment or construction of the principal use.

   B.   Home Occupations:

      1.   Purposes: Home occupations are allowed as long as they are uses that conform to the standards of this section. In general, a home occupation is a permitted incidental use only if it is 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 village 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.   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 fully subject to the regulations of the zoning district in which it is located.

         b.   The home occupation shall be conducted completely within the dwelling unit or within a permitted incidental building or structure.

         c.   Only the permanent residents of the dwelling unit shall be employed in the home occupation. No other persons shall be employed or involved with the home occupation activity on the premises other than a member of the immediate family residing in the dwelling unit but not more than one other person shall be permitted to visit the premises for such purpose on any day.

         d.   The home occupation shall be subordinate and incidental to the principal use of the building or structure for residential purposes. No more than fifteen percent (15%) 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 or storage of equipment, materials, goods, articles, commodities and/or supplies and/or the outside parking of motor vehicles utilized in the home occupation shall be prohibited. No stock in trade goods or other commodity may be kept, displayed, sold or offered for sale upon the premises.

         f.   No article or commodity shall be sold or offered for sale on the premises and no wholesale, jobbing or retail business shall be permitted, except when it is conducted entirely by mail and/or telephone and does not involve the receipt, sale, shipment, delivery or storage of merchandise on, to or from the premises. The delivery of goods or services directly to the consumer from the premises shall be prohibited. Delivery or distribution of articles or products, or other items related to the home occupation to or from the premises to or by independent contractors, employees or others shall be prohibited.

         g.   No such home occupation shall include or involve keeping, sorting or maintaining of inventory, equipment or machinery.

         h.   No mechanical or electrical equipment shall be installed or maintained which is not customarily incidental to domestic or household use, but this shall not prohibit the use of telephones, microcomputers and connected peripherals, facsimile machines, and/or photocopy machines.

         i.   Home occupations shall not in any event generate noise, vibration, glare, smoke, fumes, odors, particulate matter or electrical interference beyond that which normally occurs in the residential zoning district in which it is located, or otherwise constitute a nuisance or safety hazard to the occupants of nearby properties.

         j.   No exterior indication of the home occupation or variation from the residential character of the dwelling shall be permitted. No alteration of any building on the premises shall be made which changes the character thereof as residential structures.

         k.   There shall be no exterior display and no exterior signs.

         l.   All commercial vehicles used in connection with the home occupation shall be stored or parked within a fully enclosed and closed private garage.

         m.   A home occupation shall not create any additional vehicular or pedestrian traffic to the dwelling.

         n.   The conduct of any home occupation shall not reduce or render unusable areas provided for the required off street parking or prevent the number of cars intended to be parked in a garage from doing so. (Ord. 93-507, 12-14-1993)

   C.   Teardown Regulations: Teardowns, as defined in section 5-1-6 of this chapter, shall be allowed as long as they conform to the standards of this subsection:

      1.   The top of foundation elevation for any structure which replaces the structure which is subject to the teardown shall be limited to an elevation which is no greater than two feet (2') higher than the top of the foundation elevation of the structure which is subject to the teardown, except as may be determined by the village engineer to be necessary in order to provide flood protection for the proposed structure, but only where the need for such flood protection is not self-imposed.

      2.   All development which occurs after March 13, 2007, on any lot or parcel which is or will be subject to a teardown after March 13, 2007, shall be required to provide and maintain seepage trenches for the discharge of all sump pump drains. Said seepage trenches shall be designed in compliance with section 9-4-25, illustration J of this code and shall provide a minimum of one square foot of seepage trench per ten (10) square feet of basement area.

      3.   All development which occurs after March 13, 2007, on any lot or parcel which is or will be subject to a teardown after March 13, 2007, shall be required to comply with the regulations set forth in title 8, chapter 6, "Tree Preservation On Private Property", of this code, which regulations are hereby incorporated by reference into this subsection as fully as set forth herein. (Ord. 2007-845, 3-13-2007)

If permitted by any franchise ordinance of the village (now existing or hereafter adopted or amended) and required for service to the village and adjacent areas, poles, wires, cables, conduits, vaults, laterals or any other similar distributing equipment of a public utility are permitted in any district. (1983 Code)

   A.   Applications for zoning permits, as required by this section, shall be filed in written form with the zoning enforcement officer, shall state the legal description of the property as of public record and the name of the owner and applicant, shall describe the uses to be established or expanded and shall give such other information as may be required for the enforcement of this title. Each copy of the application shall be accompanied by a dimensioned drawing of the building plot showing the location of buildings and structures, lot areas to be used, auto parking areas and water supply and sewage disposal facilities, an agreement to reimburse the village for any out of pocket expenses incurred by the village on behalf of the applicant, as well as payment of the applicable deposit(s), permit and other fees as established from time to time by ordinance of the village board.

   B.   Except where an extension has been obtained in writing from the zoning enforcement officer, a zoning permit issued pursuant to this section shall expire within one hundred eighty (180) days if substantial construction or establishment of the use applied for has not commenced and, in any event, said zoning permit shall expire within one year if construction or establishment of the use applied for is not completed. Permit and other fees shall be as established by ordinance of the village board from time to time and shall be the responsibility of the applicant to pay to the village on a timely basis.

   C.   No building or structure hereafter erected or altered shall be occupied or used until a zoning permit as described above and a certificate of occupancy has been issued by the zoning enforcement officer, certifying that the building or structure and the proposed use comply with the provisions of this title.

   D.   Petitions to appeal from a decision of the zoning enforcement officer, petitions for a variation or a special use, and petitions for a change in or amendment to the zoning ordinance, must be accompanied by an application fee and such deposits for reimbursable out of pocket expenses as hereinafter described and as shall be established by the resolution of the president and board of trustees. No action shall be taken on any such petition until the fee has been paid and required deposits made unless the board of trustees waives the requirement of the payment of same. All petitioners shall be required to pay any out of pocket expenses incurred by the village in the review and consideration of their petitions by the village, including, but not limited to, engineering fees, legal fees, and expenses of such other consultants as the village deems appropriate and necessary. (Ord. 2007-846, 3-13-2007)

For the purpose of this title and future amendments thereto, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular shall include the plural and the plural the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.

   ACCESSORY BUILDINGS AND USES: An accessory building is a subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. An accessory use or structure is one which is incidental to the main use of the premises. Notwithstanding any provision contained in this code, no accessory building or structure shall require a building permit unless it exceeds one hundred fifty (150) square feet in ground area or has plumbing, gas or electric service installed therein and connected thereto but any such accessory building or structure shall otherwise comply with the requirements of this title, including, but not limited to, minimum height and setback provisions.

   AGRICULTURAL LAND: An area which is used for the growing of the usual farm products such as vegetables, fruit, trees and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and livestock. The term "farm" or "agricultural use" includes the operation of such an area for one or more of the above uses, including the necessary uses for treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities, and provided further, that farming does not include the feeding of garbage or offal to swine or other animals.

   BASEMENT: A story having part but not less than two-thirds (2/3) of its height below grade. A basement shall not be counted as a story for the purposes of height regulation.

   BOARDING HOUSE: A building other than a hotel where, for compensation meals, or lodging and meals are provided for three (3) but not more than twelve (12) persons.

   DISTRICT: A section or sections of the village for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards and intensity of use are uniform.

   DWELLING OR RESIDENCE: Any building or portion thereof, but excluding a trailer, which is designed and used exclusively for residential purposes.

   FAMILY: Excepting domestic employees, any number of persons related by blood or marriage, or not to exceed three (3) persons not so related, living together in a room or rooms comprising a single housekeeping unit shall be considered a family.

   FENCE: A fence shall include any barrier whether or not fixed to the ground, other than a building, earth, hedge or shrubbery, but the following shall not be construed to be fences:

   A.   Enclosures for dogs which:

      1.   Are not located in the front yard or side yards of such premises,

      2.   Do not exceed four hundred (400) square feet in ground area, and

      3.   If constructed of wire, shall be of chainlink fencing and shall be screened from view by shrubbery to the full height of the enclosure.

   B.   Swimming pool enclosures as required by and meeting the requirements of any village ordinance regulating swimming pools, as now in force or as hereafter adopted or as hereafter amended.

   C.   Enclosures for tennis courts as permitted by any village ordinances regulating tennis courts, including, but not limited to, the building code of the village of Inverness as now in force or as hereafter adopted or as hereafter amended.

   D.   Any enclosure which provides for the complete screening of refuse areas but only when such enclosure: 1) is constructed of solid wood, stone and/or brick; 2) does not exceed six feet (6') in height; 3) is set back at least one hundred feet (100') from the boundary line of any adjacent property which is in any A (residential) zoning district; 4) is appurtenant to a use other than a single-family residence; and 5) does not enclose ground area in excess of four hundred twenty five (425) square feet.

   E.   A landscape screening which conforms to all of the following requirements:

      1.   The vertical posts shall not exceed four feet (4') in height as measured from the ground adjacent to the post to the highest part of the post;

      2.   The landscape screening, excluding the posts, shall not exceed three feet (3') in height as measured from ground adjacent to such landscape screening to the highest part of such screening;

      3.   The landscape screening shall be composed of brick, stone, wood, vinyl clad and/or metal consisting of a minimum thickness of three thousand one hundred twenty five ten thousandths (0.3125) of an inch (i.e., chainlink fences or cyclone fences are not permitted);

      4.   Not less than forty percent (40%) of the gross surface area from one end of the landscape screening to the opposite end of the landscape screening on any line of the landscape screening shall be open to the other side (for example, a solid stockade screening is not permitted but a picket screening would comply with this standard if there is at least a 2 inch opening between pickets which are 3 inches in width);

      5.   The entire length of all such landscape screening on the lot or parcel in question shall not exceed sixty feet (60');

      6.   No such screening shall be located in any yard or setback area required by this zoning ordinance;

      7.   No such screening shall be located more than twenty five feet (25') from the residence or principal structure on such lot or parcel; and

      8.   A building permit shall be required for such screening, issued either separately or as part of a larger project.

   F.   Enclosures for outdoor recreational areas which are accessory to a school.

Except as specifically authorized above, no fences shall be permitted in any A residential zoning district.

   GRADE OR GRADE LEVEL: The lower of A or B:

   A.   The elevation measured six inches (6") below the top of the foundation at the main entrance in the front of the building or structure, or if there is no entrance in the front of the building or structure, then the elevation measured six inches (6") below the top of the foundation at the entrance which is closest to the front of the building or structure;

   B.   The average elevation of the highest one- third (1/3) of the perimeter of the foundation, as measured six inches (6") below the top of the foundation.

   HEIGHT OF A BUILDING OR A STRUCTURE: The vertical distance from the grade level to the highest point of any part of the building, but excluding therefrom any noncombustible chimneys.

   HOME OCCUPATION: Any activity, including, but not limited to, a hobby or avocation, carried out for gain or support by a resident conducted as an incidental use in the resident's dwelling unit or in an incidental or accessory building.

   INSTITUTION: A building occupied by a nonprofit corporation or a nonprofit establishment for public use.

   LOT OF RECORD: A lot which is a part of a subdivision, the map of which has been recorded in the office of the recorder of deeds or registered in the office of the registrar of titles or a parcel of land, the deed to which was so recorded or so registered prior to the date of the effective date hereof.

   NONCONFORMING USE: A building or lot lawfully occupied by a use at the time of passage hereof or any amendment hereto, which does not conform to the use regulations of the district in which it is situated as such use regulations are prescribed by this zoning title and amendments hereto.

   PLANNED DEVELOPMENT: A tract of land developed in a way which may not be allowable under zoning district requirements, where the property is of such size and character that it may be treated as a separate development and may create its own environment. A planned development is intended to provide flexibility in land use and retain controls for the village which otherwise would not be present or available and must be compatible with the goals and objectives of the then applicable comprehensive plan of the village. A planned development special use is a privilege to be earned and not a right which can be claimed simply upon complying with all the standards established in this title. The plan commission may recommend, and the corporate authorities may require, any reasonable condition which will promote proper development of benefit to the community. It is not intended that the corporate authorities automatically grant the maximum use exceptions or density increase in the case of each planned development. The plan commission shall recommend, and the corporate authorities shall grant only such increase or latitude which is consistent with the benefit accruing to the village as a result of the planned development. As a condition for approval, each planned development must be compatible with the character and objectives of the zoning district or districts within which it is located.

   PROFESSIONAL OFFICE: Whether or not incidental to a residence or the occupation of a resident and including the offices of doctors or practitioners, ministers, architects, landscape architects, lawyers, authors, artists, musicians and other professional occupations.

   SCHOOL: A public or private institution which offers instruction in any of the branches of learning and study comparable to that taught in the public schools under the Illinois school code, including prekindergarten, kindergarten, elementary school and junior and senior high schools, but excluding trade, business, commercial, or boarding schools, and also excluding the maintenance, storage, and overnight parking of school buses.

   STORY: That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

   STORY, HALF: A space under a sloping roof which has the line of intersection of roof and wall space not more than three feet (3') above the top floor level, and in which space not more than sixty percent (60%) of the floor area is finished off for use.

   STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

   STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground. The term "structure" shall include, but without limiting the generality of the foregoing, sheds, outbuildings, storage buildings, playhouses, arbors, trellises, pergolas, playground equipment, other recreational freestanding structures, and antennas of any kind. Notwithstanding any provision of this code, no structure shall require a building permit unless it exceeds one hundred fifty (150) square feet in ground area or has plumbing, gas or electric service installed therein or connected thereto.

   TEARDOWN: Any demolition of or any addition to any existing main or principal residential structure, to the extent of fifty percent (50%) or more of such structure's existing ground floor area, which occurs after March 13, 2007.

   TRAILER: Any structure used for living, sleeping, business or storage purposes, which is, has been or reasonably can be, equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term "trailer" shall include camp car and house car. (1983 Code; amd. Ord. 87-315, 10-13-1987; Ord. 92-437, 3-10-1992; Ord. 93-507, 12-14-1993; Ord. 94-509, 1-11-1994; Ord. 94-524, 7-12-1994; Ord. 98-617, 6-9-1998; Ord. 02-731, 7-9-2002; Ord. 2007-845, 3-13-2007)