Le Roy City Zoning Code
CHAPTER 10
3 General Provisions
§ 10-3-1 Compliance With Regulations; Exemptions.
[1975 Code § 21.03; amended by 2003 Code]
A.
Compliance Generally: Except as provided herein, no building, structure or land shall hereafter be used and no building or part thereof or structure shall be erected, constructed, reconstructed, occupied, moved, altered or repaired, except in conformity with the regulations herein specified for the class of district in which it is located.
B.
Existing Structures And Uses: Any building, structure or use lawfully existing at the time of enactment of this title may be continued, except certain nonconforming uses as provided in Chapter 10-10 of this title.
C.
Bulk Regulations: All new buildings shall conform to the bulk regulations established herein for the district in which each building is located. Further, no existing building shall be enlarged, reconstructed, structurally altered, converted or relocated in such manner to conflict or further conflict with the bulk regulations of this title for the district in which such building shall be located.
D.
Exemptions:
1.
The following essential public utility uses are exempted by this title and permitted in any district: poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or any other similar distribution equipment for telephone or other communications and electric power, gas, water and sewer lines.
2.
Steeples are further exempt from the provisions of this title.
§ 10-3-2 Interpretation Of Provisions.
[1995 Code § 21.03; amended by Ord. 579, 1-16-1995; 2003 Code]
A.
This title is not intended to abrogate any easement, covenant, or other private agreement; provided, that where the regulations of this title are more restrictive or impose higher requirements than such easements, covenants or other private agreements, the requirements of this title shall govern.
B.
Final subdivision plats approved by the City and finally adopted by ordinance as appropriate shall be enforceable by the code compliance officer in accordance with the requirements and provisions of the subdivision code of the City. To the extent there is deemed to be a conflict between the requirements of this title and the requirements of a subdivision plat or of the subdivision title, the more restrictive provision shall take precedence and be the requirement to be enforced by the City.
§ 10-3-3 Provisions Separable.
[1975 Code § 21.03]
If any of the provisions of this title, or amendment hereto, or the application thereof to any lot, building or other structure or tract of land are declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part or to be inapplicable to any person or situation, the effect of such decision shall be limited to the provisions which are stated in the decision to be invalid or ineffective, or to the lot, building or other structure or tract of land immediately involved in the controversy. Such judgment shall not affect the application of the provisions of this title to any other property, building or structure not specifically included in said judgment.
§ 10-3-4 Location And Number Of Buildings Per Lot.
[1975 Code § 21.03]
In every residential district, every dwelling hereafter erected or structurally altered shall be located on a lot and in no case shall there be more than one principal structure on one lot.
§ 10-3-5 Street Frontage And Access.
[1975 Code § 21.03]
No lot shall contain any structure used as a dwelling unless it abuts and has primary means of access to at least 44 feet of street frontage.
§ 10-3-6 Use Of Structures As Dwellings.
[1975 Code § 21.03]
No structure, other than the principal structure on the same lot, shall be used as a dwelling except as provided in Section 10-3-7 of this chapter.
§ 10-3-7 Accessory Buildings, Structures And Uses.
[1975 Code § 21.03; amended by Ord. 292, 3-2-1987; Ord. 667, 5-20-1996; 2003 Code]
A.
Compatible With And Established Subsequent To Principal Use: Accessory buildings, structures and uses shall be compatible with the principal uses and shall not be established prior to the establishment of the principal use.
B.
Location; Lot Coverage:
1.
No accessory building, structure or use other than a private garage shall be erected in any yard other than a rear yard, nor shall it occupy more than 30% of a rear yard. The total of all ground space occupied by all accessory buildings and structures in a rear yard shall not exceed 30% of said rear yard.
2.
An accessory building, structure or use in a rear yard shall not be less than 10 feet from any side property line nor less than five feet from a rear property line; except, that on a corner lot or a through lot, such accessory building, structure or use shall be set back from the property line adjoining a street the distance required for a front yard, unless otherwise required herein for a specific permitted or additional use.
3.
No accessory building, structure or use shall encroach upon that side yard of a corner lot which is adjacent to the street.
4.
The rear yard setback for accessory buildings, structures or uses shall be 50 feet for a through lot.
C.
Construction In Relation To Principal Use: An accessory building, structure or use (including television and radio antenna) may be erected as an integral part of the principal building or, if at least six feet therefrom, may be connected thereto by a breezeway or similar structure, provided all yard requirements of this title for a principal structure are complied with, unless such accessory building (including television and radio antenna) is in a rear yard, in which case, Subsection B of this section shall be applicable.
D.
Chicken Enclosures: Chickens lawfully kept within the City shall be kept within the fenced area of the rear yard at all times. Chickens shall be secured within a hen house during nondaylight hours. Chickens shall not be allowed in areas without a fence, or in the front or side yards at any time. Hen houses, as defined in Section 10-1-3K of this Code, shall be kept in a condition conforming to the following standards:
[Added 2-20-2023 by Ord. No. 23-02-03-51]
1.
Hen houses shall be kept in a clean, dry, odor-free, neat and sanitary condition at all times such that they shall not become a nuisance nor create aesthetic blight.
2.
Hen houses shall provide adequate ventilation and adequate sun and shade and shall be impermeable to rodents, wild birds and predators, including dogs and cats.
3.
Hen houses shall be designed to provide safe and healthy living conditions for chickens with a minimum area of four square feet per bird while minimizing adverse impacts to other residents in the neighborhood.
4.
Hen houses shall be enclosed on all sides and shall have a roof and doors. Access doors shall be able to be shut and locked at night. Opening windows and vents shall be covered with predator- and bird-proof wire of one inch or smaller openings.
5.
The materials used in making a hen house shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. Construction of hen houses and chicken tractors shall be done in a good, workmanlike manner. The use of scrap, waste board, sheet metal, or similar materials is prohibited.
6.
Hen houses which store chicken feed must be constructed such that the feed is stored in rodentproof containers. Uneaten chicken feed shall be removed in a timely manner.
7.
All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three cubic feet of manure shall be stored on the permitted tract of land. All other manure not used for composting or fertilizing shall be removed. The hen house and surrounding area shall be kept free from trash and accumulated droppings.
E.
Beekeeping; Apiaries: No person shall maintain any colony of bees, including honey bees, combs, honey, pollen, and brood, anywhere in the City without complying with the following requirements:
[Added 2-20-2023 by Ord. No. 23-02-04-51]
1.
It shall be the duty of any persons keeping honey bees on property in the City to maintain each colony so as not to create a public nuisance.
2.
Honey bee colonies shall, in addition, be maintained in the following condition:
a.
All honey bee hives shall be registered with the State Department of Agriculture as required by state law.
b.
No person shall locate or maintain a honey bee hive or colony on property owned or occupied by another person without first obtaining written permission from the owner or occupant of the property.
c.
Notwithstanding Section 10-3-7B2 of this Code, colonies shall be maintained in movable frames or similar hives located within the rear yard at all times, not less than 10 feet from any property lines, including rear property lines. Colonies located within 20 feet from any property line must be separated from adjoining properties by a flyway barrier at least six feet high. The barrier can be a solid wall, fence, dense vegetation, or combination thereof that is parallel to the property line and extends 10 feet beyond the width of the colony in each direction such that all bees are forced fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the apiary.
d.
No person shall locate or maintain a honey bee hive or colony on property absent the installation of an autoread water meter.
e.
Colonies shall be set back at least 10 feet from any nearby utility access point.
f.
Each hive shall be marked with a sign, not to exceed two square feet, indicating the owner's name, address, and telephone number, along with an announcement "Bees on Property," in addition to any signage required by state law.
g.
Adequate techniques, such as requeening, in handling bees, and adequate space in the hive shall be maintained to prevent unprovoked stinging 10 feet or more from the hive.
h.
Adequate techniques shall be maintained to control and prevent swarming of bees. Suggested practices for controlling and preventing swarming include, but are not limited to, baiting hives by creating an attractive space for the bees to reside and requeening the colony on an annual basis with a queen bee not less than one year old.
i.
Lots having less than 1/4 acre of land shall be permitted by right to have not more than three hives.
j.
Lots having equal to or greater than one acre of land shall be permitted to have not more than three hives plus, as a conditional use, two additional hives for every 1/2 acre of land over one acre.
k.
Each beekeeper shall ensure that a convenient source of water is available to the bees at all times during the year so that the bees will not congregate at swimming pools, pet watering bowls, bird baths or other water sources where they may cause human, bird or domestic pet contact. The water shall be maintained so as not to become stagnant. The water shall be in a location that minimizes any nuisance created by the bees seeking water on neighboring property.
3.
Any other nest or colony of stinging insects, such as yellow jackets, hornets, or other varieties of bees; and wasps, including Vespidae; in trees, buildings, underground, or in any other space; any diseased colony of honey bees; or any colony of bees not maintained in compliance with this Code, constitutes a public nuisance. The existence of a nest of wild bees of any type, not cultivated by any person and whose honey is not harvested by any person, shall not constitute a violation of this Code unless such a nest is in such location as to present a threat of stinging to:
4.
The provisions of this subsection shall not prevent the City from destroying bees or a bee colony in the event that there is an immediate need to protect the public safety. The City shall provide notice and an opportunity for a hearing prior to entering private property and the abatement of a nuisance hive, unless circumstances require immediate action and notice cannot be given. In such case, the City will provide prompt notice and hearing post entry and abatement. In the event the City finds it necessary to destroy bees or a bee colony through failure to correct a violation of City ordinance or in protection of public safety, a fine of no less than $150 shall be assessed to the beekeeper responsible for the colony. Circumstances necessitating bee or bee colony destruction will occur when:
a.
There is a bee colony not residing in a hive structure intended for beekeeping;
b.
There is a dangerous swarm of bees that poses an immediate risk to the safety of humans; or
c.
There is a colony residing in a standard or man-made hive which, by virtue of its condition, has obviously been abandoned by the beekeeper.
5.
Any hive or colony found in violation of the City Code but not creating a public safety hazard shall have a request for inspection of the hive or colony made to the Illinois Department of Agriculture.
§ 10-3-8 Yards.
[1975 Code § 21.03; amended by 2003 Code]
A.
All yards and other open space allocated to a building (or group of buildings comprising one principal use) shall be located on the same lot as such building. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, other open space or minimum lot area allocated to any building, shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space or minimum lot area requirements for any other building.
B.
No improved lot shall hereafter be divided into two or more lots and no portion of any improved lot shall be sold unless all improved lots resulting from each such division or sale shall conform with all the applicable bulk regulations of the zoning district in which the property is located.
C.
No yards, now or hereafter provided for a building existing on the effective date of this title, shall be reduced below the minimum yard requirements of this title for equivalent new construction.
§ 10-3-9 Permitted Obstructions.
[1975 Code § 21.03; amended by Ord. 292, 3-2-1987; Ord. 583, 2-20-1995; 2003 Code; Ord. 05-07-03-51, 7-18-2005]
A.
Permitted Obstructions Enumerated: For the purpose of this title, the following are permitted obstructions:
Arbors.
Coin operated telephones.
Flagpoles.
Marquees and/or awnings adjoining the principal building.
Ornamental light standards.
Outdoor fuel dispensing equipment.
Overhanging roof eaves and chimneys if they do not exceed 10% of the required depth of the yard.
Permitted signs.
Shrubs.
Trees.
Trellises.
C.
Corner Lots: Any permitted obstruction described in Subsection A of this section that does not exceed 30 feet in height located within 25 feet of the property line.
D.
Side Yards: Vehicle parking.
E.
Rear Yards: Balconies, breezeways, and open porches; satellite dishes and antennas; open off street parking spaces; enclosed, attached or detached off street parking spaces; accessory sheds, toolrooms or any similar structures customarily accessory to the principal use.
F.
Fences[1]: Fences may be located in those portions of rear and side yards as shown in exhibit A-1 attached to the ordinance codified herein on file in the office of the City Clerk and incorporated herein by reference. Before a fence shall be considered a conforming structure in the zoning district in which it is constructed (for all construction taking place after the effective date of this title), building and occupancy permits shall be required to be obtained and the appropriate fee paid for each.
[1]
Editor's Note: See also Section 9-2-1 of this Code.
G.
Front Yards: Open, unenclosed ramps, decks, porches, platforms or landings, not covered by a roof, shall be permitted to extend no more than six feet (1,829 mm) or 24% of the required front yard, whichever is less, into the required front yard, provided such porch does not extend above the first level and is no more than six feet (1,829 mm) above grade at any point.
§ 10-3-10 Special Permitted Uses; Special Permit Required.
[1975 Code § 21.03; amended by 2003 Code; Ord. 04-10-02-51, 10-18-2004]
The location, design and conditions of operation of certain uses require special administrative review. Special permitted uses may be developed in the districts specified if special permits are granted after findings are made by the zoning board of appeals that the special standards and conditions have been met as contained in Section 10-2-4 of this title.
§ 10-3-11 Tents.
[1975 Code § 21.03; amended by 2003 Code]
Tents may be used as a temporary shelter.
§ 10-3-12 Temporary Use Standards.
[Ord. 12-07-01-51, 7-9-2012]
Following are standards for specific temporary uses:
A.
Temporary structures, incidental only to the erection of a main building for a permitted use, are permitted in any district. Such structures must be removed or dismantled upon completion of the permanent structure.
B.
Garage, rummage, yard and similar sales shall be permitted in residential districts subject to the following limitations:
1.
No such sale shall be more than four days in duration and the collective total of all such sales shall not exceed four occasions in any calendar year.
2.
Any directional or advertising signs for the sale shall be removed immediately upon closing of the sale.
3.
All directional and advertising signs placed off site shall have the permission of the owner of the property on which the sign is to be placed.