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Leland City Zoning Code

CHAPTER 4

GENERAL ZONING REGULATIONS

11-4-1: COMPLIANCE WITH PROVISIONS:

   A.   Structures: No structure or part thereof shall be erected, used, occupied, enlarged, altered, relocated, or reconstructed except in conformity with the provisions of this title.
   B.   Land: No land shall be used, occupied, or altered except in conformity with the provisions of this title. (Ord. 92-09, 4-14-1992)

11-4-2: UNLISTED USES PROHIBITED:

Whenever any use is not specifically listed as permitted or conditional within a particular zoning district, such use shall be deemed prohibited in that district. However, if the village council, following consultation with the zoning administrator, zoning board of appeals and plan commission, finds the unlisted use is similar to and compatible with the listed uses, they may allow such use by amending this title in accordance with section 11-13-9. The village council decision shall become a permanent public record, and any unlisted use that they approve shall thereafter have the same status as listed uses. (Ord. 92-09, 4-14-1992)

11-4-3: TEMPORARY USES:

Except as specifically provided otherwise in this title, no temporary structure shall be used or occupied for any purpose, and no land shall be used for any temporary enterprise, whether for profit or not for profit, unless a temporary use permit has been obtained. Temporary use permits are valid for one year only unless properly renewed. (Ord. 92-09, 4-14-1992)

11-4-4: ACCESSORY USES:

   A.   Attachment To Principal Structure: If an accessory use is attached to the principal structure, it shall be considered part of such principal structure.
   B.   Permitted Accessory Uses: Any accessory use shall be deemed permitted in a particular zoning district if such accessory use is: (Ord. 92-09, 4-14-1992; amd. 2003 Code)
      1.   Accessory to an existing principal structure or use that is allowed in that zoning district as of right (permitted uses) or by virtue of the fact that a conditional use permit has been granted; and (Ord. 95-2; amd. 2003 Code)
      2.   In compliance with the restrictions set forth in subsection C of this section.
   C.   Accessory Use Restrictions:
      1.   Height: No accessory use shall be higher than:
         a.   Fifteen feet (15') in any residential district; or
         b.   One hundred feet (100') in any agricultural district; or
         c.   Twenty five feet (25') in any other zoning district.
      2.   Setbacks: Except as specifically provided in section 11-4-8 of this chapter, no accessory use in any zoning district shall be located in any part of any yard (front, side, or rear) that is required because of the setback regulations of such district; provided, that in any residential district, an accessory use may be located as close as five feet (5') to the side lot line and/or rear lot line, but not closer than ten feet (10') to any principal building on an adjoining lot.
      3.   Rear Yard Coverage: In any residential district, accessory uses shall not cover more than thirty percent (30%) of a required rear yard.
      4.   Use As Dwelling: Use of any accessory structure as a dwelling is strictly prohibited throughout the zoning jurisdiction of the village. (Ord. 92-09, 4-14-1992)
      5.   Design And Materials: Garages, sheds, and other accessory structures of this type must have exterior design and exterior materials similar to or compatible with the primary structure. No building permit shall be issued unless plans complying with this subsection C5 are submitted. (Ord. 95-2)
      6.   Garage-Area Ratio: The dimensions of any garage constructed in a residential district shall not exceed a "garage-area ratio" of ten percent (10%). The "garage-area ratio" is defined as the ratio of the square footage of total garage area to the square footage of the lot remaining after deducting the square footage of the primary structure from the square footage of the lot. This limitation upon the size of a garage is in addition to other restrictions provided for in this subsection. (Ord. 5-98, 7-7-1998)

11-4-5: MEETING MINIMUM REQUIREMENTS:

Except as specifically provided elsewhere in this title, every lot must meet the minimum area, minimum dimensions, and minimum setback requirements of the district in which it is located independently; that is, without counting any portion of an abutting lot. (Ord. 92-09, 4-14-1992)

11-4-6: ACCESS REQUIRED:

No building shall be erected on any lot unless such lot abuts, or has permanent easement of access to, a public street or a private street. (Ord. 92-09, 4-14-1992)

11-4-7: LOTS WITH MULTIPLE FRONTAGES:

Every lot with multiple frontages (such as corner or through lots) shall meet the front setback requirements of the district in which it is located on every side having frontage. (Ord. 92-09, 4-14-1992)

11-4-8: PERMITTED INTRUSIONS INTO YARDS:

To the extent indicated below, the following features of principal buildings may intrude into required yards without violating the minimum setback requirements:
   A.   All Required Yards: In all required yards, the following shall be permitted:
      1.   Open terraces not over four feet (4') above the average level of the adjoining ground but not including a permanently roofed- over terrace or porch;
      2.   Awnings and canopies; steps four feet (4') or less above grade which are necessary for access to a lot from a street or alley;
      3.   Chimneys projecting twenty four inches (24") or less into the yard;
      4.   Arbors and trellises; and
      5.   Flagpoles.
   B.   Front Yards: One-story bay windows projecting three feet (3') or less into the yard, and overhanging eaves and gutters projecting three feet (3') or less into the required yard.
   C.   Rear Yards:
      1.   Enclosed, attached, or detached off street parking spaces.
      2.   Open off street parking spaces.
      3.   Accessory shed, tool rooms, and similar buildings or structures for domestic or agricultural storage.
      4.   Recreational and laundry drying equipment;
      5.   Balconies, breezeways and open porches, one-story bay windows projecting three feet (3') or less into the required yards, and overhanging eaves and gutters projecting three feet (3') or less into the required yard.
      6.   In any residence district, no accessory building shall be nearer than five feet (5') to the side and rear lot line nor nearer than ten feet (10') to any principal building on an adjoining lot.
   D.   Side Yards: Overhanging eaves and gutters projecting into the required yard for a distance not exceeding forty percent (40%) of the required yard width, but in no case exceeding three feet (3'). (Ord. 92-09, 4-14-1992)

11-4-9: EXCEPTIONS TO HEIGHT LIMITS:

Chimneys, church spires, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas, or other necessary appurtenances commonly constructed above the roofline shall be permitted to exceed the maximum height limitations of the district in which they are located if they comply with all other pertinent ordinances of the village. (Ord. 92-09, 4-14-1992; amd. 2003 Code)

11-4-10: SEPTIC SYSTEMS:

In all districts, property owners of all buildings and places where people live, work, or assemble shall provide for the sanitary disposal of all sewage in accordance with the following requirements. The zoning administrator shall not issue a building permit unless he or she is satisfied these requirements will be met: (Ord. 92-09, 4-14-1992)
   A.   Illinois private sewage disposal licensing act, 225 Illinois Compiled Statutes 225/1 et seq., as now or hereafter amended; and (Ord. 92-09, 4-14-1992; amd. 2003 Code)
   B.   Illinois private sewage disposal code 1 as promulgated by the Illinois department of public health, as now or hereafter amended; and
   C.   Pertinent, current regulations issued by the Illinois environmental protection agency; and
   D.   Pertinent, current regulations issued by the LaSalle County health department or DeKalb County health department, whichever is applicable; and
   E.   Applicable codes and ordinances of the village. (Ord. 92-09, 4-14-1992)