(Ord. 2831, passed 3-4-1999; Am. Ord. 3557, passed 7-18-2019; Am. Ord. 3635, § I, passed 10-6-2022)

(Ord. 2831, passed 3-4-1999; Am. Ord. 3557, passed 7-18-2019)

(Ord. 2831, passed 3-4-1999; Am. Ord. 2963, passed 2-7-2002; Am. Ord. 3091, passed 1-6-2005; Am. Ord. 3095, passed 2-10-2005; Am. Ord. 3193, passed 9-4-2007; Am. Ord. 3194, passed 9-4-2007; Am. Ord. 3271, passed 2-2-2010; Am. Ord. 3370, passed 7-2-2013; Am. Ord. 3472, passed 8-18-2016; Am. Ord. 3557, passed 7-18-2019; Am. Ord. 3681, passed 1-18-2024; Am. Ord. 3706, passed 6-6-2024)

(A)

In accordance with state law, this chapter regulates structures and land uses in order to preserve, protect, and promote the public health, safety and welfare. More specifically, this chapter is intended to assist in achieving the following objectives:

(1)

To encourage the development of buildings and uses on appropriate sites in order to maximize community-wide social and economic benefits while accommodating the particular needs of all residents;

(2)

To discourage development of buildings and uses on sites not suited for development;

(3)

To protect the character and stability of sound existing residential, commercial and industrial areas;

(4)

To conserve and increase the value of taxable property throughout this municipality;

(5)

To ensure the provision of adequate light, air and privacy to all occupants of all buildings;

(6)

To provide adequate parking and access for all buildings and lots;

(7)

To reduce congestion on the public streets and highways;

(8)

To protect property from damage caused by fire, or by flooding and poorly controlled storm water runoff;

(9)

To guide the provision of water, sewer, storm water, and other utilities and municipal services;

(10)

To reduce the initial costs and future maintenance expenses of public and private improvements and services through thoughtful planning; and

(11)

To gradually eliminate existing structures and uses that impede achievement of the above objectives.

(B)

In order to achieve the objectives enumerated in division (A), this chapter:

(1)

Divides this entire municipality into districts, and permits in each district only those structures and uses that are compatible with the character of such district;

(2)

Regulates lot size, and the bulk, setbacks, lot coverage, and manner of use of structures;

(3)

Imposes supplementary regulations to control certain potentially troublesome structures and uses;

(4)

Sets forth standards for off-street parking areas;

(5)

Restricts non-conforming lots, structures, and uses that adversely affect the type of development appropriate in each district; and

(6)

Establishes zoning administrative and enforcement procedures.

(Ord. 2831, passed 3-4-1999)

(A)

Corporate limits and contiguous areas. This chapter shall be applicable within the corporate limits of Litchfield and within the unincorporated contiguous territory not more than 1 1/2 miles beyond the corporate limits.

(B)

Annexed territory. Whenever any territory is annexed to the city, the annexed area shall be zoned the same designation as it was prior to its annexation.

(Ord. 2831, passed 3-4-1999; Am. Ord. 3322, passed 7-5-2011)

Every provision of this chapter shall be construed liberally in favor of this municipality, and every requirement imposed in this chapter shall be deemed minimal. Whenever the requirements of this chapter differ from the requirements of any other lawfully adopted ordinance, regulation, deed restriction, or covenant, the more stringent requirement shall prevail.

(Ord. 2831, passed 3-4-1999)

(A)

Except as may be provided otherwise by statute or ordinance, no officer, board member, agent or employee of this municipality shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter.

(B)

Any suit brought against any officer, board member, agent, or employee of this municipality, as a result of any required or permitted in the discharge of his duties under this chapter, shall be defended by the City Attorney until the final determination of the legal proceedings.

(Ord. 2831, passed 3-4-1999)

All items relating to zoning, occupancy permits, building permits, and any and all other documents relating to the business of the city under this chapter shall be filed with the City Clerk.

(1983 Code, §17-1; Ord. 2328, passed 12-10-1981)

Cross reference— Penalty, see § 150.999

(A)

At any time or times, before or after the formal adoption of the official comprehensive plan by the corporate authorities, an official map may be designated by ordinance, which may consist of the whole area included within the official comprehensive plan or 1 or more separate geographical or functional parts, and may include all or any part of the contiguous unincorporated area within 1 1/2 miles from the corporate limits of the city. All requirements for public hearing, filing of notice of adoption with the County Recorder of Deeds, and filing of this plan and ordinances including the official map with the City Clerk shall be complied with as provided for by law.

(B)

No map or plat of any subdivision or resubdivision presented for record, affecting land within the corporate limits of the city or within contiguous territory which is not more than 1 1/2 miles beyond the corporate limits, shall be entitled to record or shall be valid unless the subdivision shown thereon provides for standards of design, and standards governing streets, alleys, public ways, ways for public service facilities, street lights, public grounds, size of lots to be used for residential purposes, storm and flood water runoff channels and basins, water supply and distribution, sanitary sewers, and sewage collection and treatment, in conformity with the applicable requirements of the ordinances including the official map.

(1983 Code, §17-6)

Cross reference— Zoning, see Table of Special Ordinances III

(A)

Construction of terms. In construing the intended meaning of terminology used in this chapter, the following rules shall be observed:

(1)

Words and phrases shall have the meanings respectively ascribed to them in this section unless the context clearly indicates otherwise; terms not defined in this section shall have their standard English meanings;

(2)

Words denoting the masculine gender shall be deemed to include the feminine and neuter genders;

(3)

Words used in the present tense shall include the future tense;

(4)

Words used in the singular number shall include the plural number, and the plural the singular;

(5)

The term shall is mandatory;

(6)

The term may is discretionary;

(7)

The term this municipality shall mean the City of Litchfield, Illinois;

(8)

The words lots, parcel, tract, and site shall be synonymous;

(9)

The phrases used for, arranged for, designed for, intended for, maintained for, and occupied for shall be synonymous;

(B)

Selected definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Abutting. As applied to lots, abutting means having a common lot line, or so located in relation to each other than there would be a common lot line but for the existence of a street, alley, or other public right-of-way.

Access way means a curb cut, ramp, or other means for providing vehicular access to an off-street parking or loading area from a street.

Accessory use means any structure or use that is:

(1)

Subordinate in size or purpose to the principal use or structure which it serves;

(2)

Necessary or contributing to the comfort and convenience of the occupants of the principal use or structure served; and

(3)

Located on the same lot as the principal use or structure served.

(4)

A standalone shed or garage on a lot with no dwelling.

Adjacent means next to or adjoining.

Adult-use cannabis business establishment means an adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

Adult-use cannabis craft grower means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

Adult-use cannabis cultivation center means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

Adult-use cannabis dispensing organization means a facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

Adult-use cannabis infuser organization or infuser means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

Adult-use cannabis processing organization or processor means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a produce formulation to produce a cannabis produce, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

Adult-use cannabis transporting organization or transporter means an organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

Agriculture means any 1 or any combination of the following: the growing of farm crops, dairying, pasturage, horticulture, floriculture, or animal/poultry husbandry. The term agriculture encompasses the farmhouse, and accessory uses and structures customarily incidental to agricultural activities.

Alley means a public right-of-way which affords vehicular access to abutting premises that front on a nearby street.

Alter means to change the size, shape, or use of a structure.

Amendment means a change in the provisions of this chapter (including those portions incorporated by reference), and the procedures set forth herein.

Apartment means a dwelling unit situated in a multiple-family dwelling.

Apartment hotel means a multiple-family dwelling which furnishes for its tenants services customarily provided by hotels, but which does not furnish such services to the transient public.

Assisted living facility means a building, or part thereof, housing persons, on a 24-hour basis, who, because of age or other reasons, live in a residential environment. It is designed as an alternative to nursing home care by providing apartment-style housing with personal care and other services. The occupants are capable of responding to an emergency situation with limited physical assistance from the staff. This classification shall include, but is not limited to, the following: supported living facilities, residential care facilities, assisted living facilities and social activities facilities intended for the residents. Each dwelling unit shall provide a complete, independent living facility for 1 or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Attached. As applied to buildings, attached means having a common wall and/or a common roof (includes breezeways, car ports, garages, etc.).

Auditorium means a room, hall or building made a part of a church, theater, school, recreation building or other building assigned to the gathering of people.

Basement means a story having ½ or more of its height below the average level of the adjoining ground.

Bed and breakfast or tourist home shall mean an operator-occupied residence providing accommodations for a charge to the public with no more than 5 guest rooms for rent, in operation for more than 10 nights in a 12-month period. Breakfast may be provided to guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses, or food service establishments. (As per Bed and Breakfast Act 50 ILCS 820)

Billboard means a sign advertising a commodity, business, service, or event not available or conducted upon the premises where such sign is located or to which it is affixed.

Boarding house means a building or portion thereof other than a hotel, motel or apartment hotel, containing lodging rooms for 3 or more persons who are not members of the keeper's family, and where lodging and/or meals are provided by prearrangement and for definite periods.

Building means any covered structure permanently affixed to land and designed or used to shelter persons or movable, personal property.

Building, accessory means a subordinate building(s) or structure(s) detached from the main building, located in the rear yard, the use of which is incidental to the use of the principal structure or main building.

Building height means the vertical distance measured from the average elevation of the proposed finish grade at the front wall of the building to the highest point of the roof.

Building inspector means the official appointed by the Mayor with the advice and consent of the City Council to administer this chapter.

Building line means the line nearest the front of and across a lot, delineating the minimum open space required between the front of a structure and the street right-of-way line.

Bulk means any 1 or any combination of the following:

(1)

Size or height structure;

(2)

Location of exterior walls at all levels in relation to lot lines, streets, or other structures;

(3)

Floor/area ratio;

(4)

Yards or setbacks;

(5)

Lot coverage.

Camping trailer means a mobile structure designed for temporary occupancy.

Camping trailer park means a lot developed with facilities for accommodating temporarily occupied camping trailers.

Certificate of zoning compliance, final means a permit issued by the Administrator indicating that a newly completed structure complies with all pertinent requirements of this chapter and may, therefore, be occupied or used.

Certificate of zoning compliance, initial means a permit issued by the Administrator indicating that proposed construction work is in conformity with the requirements of this chapter and may, therefore, proceed.

Church means a building designed or used for regularly scheduled worship services.

Clinic means a building, arranged, intended, designed for and used solely as a place for the treatment and diagnosis of patients.

Club/lodge means a nonprofit association or persons who are bona-fide members organized for some purpose(s) and paying regular dues and whose facilities are restricted to members and their guests.

Commercial, private or public, education, training and conference facility means an establishment consisting of a building, part of a building, or adjacent buildings designed and used for teaching, learning, training, conference assemblies, and meetings. This facility may be operated by educational, technical, vocational, or belief-based organizations; corporations including not-for-profits, business enterprises, or governments. It is permitted only as a special use and may, but only if permitted as a condition of a special use, operate activities that are permitted or accessory uses in the C-1 and C-2 zoning districts per Appendix B: Schedule of Permitted Uses and Accessory Uses, Prohibited Uses; Special Uses. Industrial and warehousing uses are prohibited. A commercial, private, or public education, training, and conference facility is NOT a convention center.

(1)

No activities/functions shall be allowed or conducted, even as part of an approved special use permit that will interfere with the rights to quiet enjoyment, security, sense of security, or access to and from, of any adjacent or close by residences or residential area, other businesses, or interfere with access to wind or solar resources. This includes functions, activities, or design and appearance that would detract from or negatively impact the general character of the neighborhood in which the facility is located.

(2)

Special use permits may be made contingent upon the operator/owner obtaining and maintaining outside (non-city) agency approvals, inspections, licenses, or meeting any and all such regulations, especially those related to the protection, health, and well-being of children and youth, imposed by federal, state, county or other competent authority that regulates any activity conducted in such facility. Parking requirements shall consider not only bulk regulations but additionally provide for meeting the total designed functions, intensity, and approved occupancy capacities of the facility.

(3)

Size, scope, and capacities, of facilities shall be established by engineering design standards appropriate for the function, site, and the area where the facility is located; and as provided by bulk regulations, fire codes, building codes, building and/or occupancy permits and any other permitting or codes required by law, ordinance, or conditions of the special use permit.

(4)

Special use permits may be made contingent upon the owner/operator having a system in place that complies with all Department of Homeland Security and immigration laws regarding monitoring and reporting of immigrant and non-immigrant/foreign students, attendees or exchange visitors and also protects the public health.

(5)

The city may administratively require professional studies regarding drainage, soils, traffic, engineering, environmental, survey, and others as may be determined reasonably applicable by city officials to be completed and submitted as part of the special use permit application process.

Commercial use/establishment means any use or establishment wherein goods are purchased, converted or sold, whether to the consuming public (retail) or to other businesses (wholesale), but excluding any heavy industrial use. Operations on commercial property shall be such that they are not noxious or offensive by reason of the emission of smoke, dust, gas, fumes, odors, noise, or other vibrations beyond the confines of the buildings used therefore.

Community residence means a group home or specialized residential care home serving unrelated persons with handicaps which is licensed, certified or accredited by appropriate local, state or national bodies. Community residence does not include a resident which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse or for treatment of communicable disease.

Community residence, large means a community residence serving 9 to 15 persons with handicaps.

Community residence, small means a community residence serving 8 or fewer persons with handicaps in a family-like atmosphere.

Conforming means in compliance with the applicable provisions of this chapter.

Convenience shop means any retail, commercial or service establishment offering goods/services.

Day care center. See Nursery school.

Deck means an open porch which has no roof, is generally open on the sides, is above ground level, and its intended use is for leisure enjoyment.

Detached. As applied to buildings, detached means surrounded by yards, parking lots, etc. on the same lot as the building.

Develop means to erect any structure or to install any improvements on a tract of land, or to undertake any activity (such as grading) in preparation therefore.

District zoning means a portion of the territory in this municipality wherein certain uniform requirements apply to structures, lots and uses under the terms of this chapter.

Driveway means an area established or used for ingress or egress of vehicles from a street or thoroughfare to any point on private or public property.

Dwelling means a building or portion thereof designed or used primarily as living quarters for 1 or more families, but not including hotels, motels, and other accommodations for the transient public. Modular dwellings on permanent foundations shall be treated in the same manner as conventionally constructed dwellings (see definitions for "modular" and "permanent foundation").

Dwelling, multiple-family means a building or portion thereof containing 3 or more dwelling units.

Dwelling, single-family means a detached dwelling containing 1 dwelling unit and intended for the occupancy of 1 family.

Dwelling, two-family means a dwelling containing 2 dwelling units.

Dwelling unit means 1 or more rooms designed or used as living quarters by 1 family. A dwelling unit always includes a bathroom and a kitchen.

Enlarge means to increase the size (floor area, height, etc.) of an existing principal structure or accessory use, or to devote more land to an existing use.

Erect means to put up by the fitting together of materials or parts such as a building.

Establishment means either of the following:

(1)

An institutional, business, commercial, or industrial activity that is the sole occupant of 1 or more buildings; or

(2)

An institutional, business, commercial, or industrial activity that occupies a portion of a building such that:

(a)

The activity is a logical and separate entity from the other activities within the building and not a department of the whole; and

(b)

The activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.

Existing means existing, constructed or in operation, on the effective date of this chapter.

Extend means to increase the amount of floor area or land area devoted to an existing use.

Extra territorial jurisdiction area. ILCS Ch. 65, Act 5, §11-12-6 grants municipalities in the State of Illinois planning and zoning authority 1 1/2 miles beyond their corporate limits.

Family means any number of persons related by blood, marriage or adoption, living, cooking and dining together as a single housekeeping unit, including also not more than 2 boarders or lodgers.

Fence means a structure which is intended to be an enclosure or barrier and is used as a means of protection, privacy or confinement, which is made of manufactured material, such as, but not limited to wire mesh, chain link, wood or stone material. This definition shall not include dog runs.

Filling station means a building and premises or portion thereof designed and primarily used for the retail sale of gasoline or other automotive fuel, oil, and automotive parts, supplies, and accessories. A filling station may include secondary facilities for washing vehicles and for making minor automotive repairs.

Floor area, gross, means, as used in determining floor/area ratios and parking requirements, the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center of the common walls of attached buildings. Gross floor area includes all of the following: basement floors; attic floor space; halls, closets, stairwells; space devoted to mechanical equipment; enclosed porches.

Freight car means a railway car or vehicular box trailer designed for carrying freight. In the case of this chapter, this is also a structure that can be used as a storage building in a designated area within the chapter, provided all terms of the building code are met. This structure shall not be considered as a residential structure.

Freight terminal means a building to which freight is brought by truck, air or railroad freight cars for later distribution.

Frontage means the lineal extent of the front (street-side) of a lot.

Garage, private means an accessory building or portion of a main building designed or used for the primary purpose of parking and storage of motor vehicles of the occupants of the premises.

Gasoline service station. See Filling station.

Grandfathered means creating an exemption based on circumstances previously existing to the effective date of this chapter.

Heavy industrial means a use engaged in the basic processing, fabricating and/or manufacturing of materials or products, or a use engaged in storing of or manufacturing processes using flammable or explosive materials or storage or manufacturing processes that involve hazardous or commonly recognized offensive conditions or hazardous materials.

Home occupation means an occupation or profession customarily carried on by an occupant of a dwelling unit as a secondary use which is clearly subservient to the use of the dwelling for residential purposes.

Hospital means an institution devoted primarily to the maintenance and operation of facilities around-the-clock for the diagnosis, treatment, or care for members of the general public suffering from disease, injury, or other abnormal physical conditions. The term hospital as used in this chapter does not include institutions operating solely for the treatment of insane persons, drug addicts, and alcoholics, nor does it include convalescent or nursing homes.

Hotel means an establishment containing lodging accommodations designed for use by travelers or temporary guests. Facilities provided may include a general kitchen, maid service, desk service, meeting rooms, restaurants, cocktail lounges, and similar ancillary uses, but not cooking facilities in guest rooms.

Immobilized mobile home. As applied to a mobile home, "immobilize" means to remove the wheels, tongue and hitch and place on a permanent foundation.

Intensify means to increase the level or degree of.

Intersection means the point at which 2 or more public rights-of-way (general streets) meet.

Junk yard means any area where waste, discarded or salvaged material are bought, sold, exchanged, baled or packed, disassembled, handled or stored: but not including areas where such uses are conducted entirely within a completely enclosed building.

Kennel means any structure or premises or portion thereof on which more than 4 dogs or cats are maintained, boarded, bred or are cared for in return for remuneration or are kept for the purpose of sale, or any structure or premises or portion thereof on which more than 4 dogs or cats over 4 months of age are kept.

Light industrial means the use engaged in the process of the assembly, packaging, storage and distribution of previously prepared materials but specifically excluding heavy industrial use. Light Industrial use would be such a use that would normally only use light machinery and which activities are carried on entirely within the enclosed, roofed building, which does not use the area around such building for storage of matter or finished product or for loading or unloading operations, and which operations are not noxious or offensive by reason of the emission of smoke, dust, gas, fumes, odors, noise, or other vibrations beyond the confines of the building used therefor.

Loading space means an off-street space used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.

Lot means land occupied or intended to be occupied by 1 main building and its accessory buildings and including as a minimum such open spaces exclusive of street areas as are required under this chapter and having frontage on a public or private street or road.

Lot area means the area of a horizontal plane bounded by the front, side, and rear lines of a lot.

Lot, corner means a lot having at least 2 adjacent sides that abut for their full length upon streets. Both such side lines shall be deemed front lot lines.

Lot coverage means the portion of a lot that is occupied by buildings or structures, including accessory buildings or structures.

Lot depth means the average horizontal distance between the front lot line and the rear lot line of a lot.

Lot line, front means the lot boundary abutting the street.

Lot line, rear means an interior lot line which is most distant from and most nearly parallel to the front lot line. The rear lot on corner lots shall be defined as the line most distant and most nearly parallel to either of the front lot lines as defined elsewhere in these definitions.

Lot line, side means any boundary of a lot which is not a front lot line or a rear lot line.

Lot of record means any area of land designated as a lot on a plat of subdivision recorded or registered with the Recorder of Deeds of Montgomery County, Illinois, in accordance with state law.

Lot size/bulk variance means a relaxation of the strict application of the lot size and/or bulk requirements applicable to a particular lot or structure.

Lot size requirement refers to the lot area, width, and depth requirements of the applicable district.

Lot, through means a lot having a pair of approximately parallel lot lines that abut 2 approximately parallel streets. Both such lot lines shall be deemed front lot lines.

Lot width mean horizontal distance between the side lot lines of a lot measured at right angles to the depth; or the same distance measured at a point midway between the front lot line and the rear lot line; or at the rear line of the required front yard (building lines), especially on irregularly shaped lots.

Maintenance means the routine upkeep of a structure, premises, or equipment, including the replacement or modification of structural components to the extent necessary to keep a structure in sound condition.

Mini-warehouses mean a building, or part of one, for the storage of goods, merchandise, etc., for rent to individuals for a monthly fee.

Mobile home means a manufactured structure designed to permit its transport on its own wheels, containing complete kitchen and sanitary facilities, and used as a long-term dwelling by 1 family. A mobile home is built on a permanent chassis that consists of the wheel assembly, undercarriage and towing hitch assembly. Mobile homes must meet the Federal Mobile Home Construction and Safety Standards. Compliance with this standard can be indicated by a 2-inch by 4-inch metal plate attached to the exterior tail light end of the mobile home.

Mobile home park means a parcel not less than 2 acres in single ownership/control, developed with facilities for accommodating occupied mobile homes in accordance with the requirements of this chapter.

Mobile home stand means the part of a mobile home space beneath the mobile home that the concrete slab or runners on which the home is placed.

Modular (sectional house) means built and transported in sections or 2 halves. A modular dwelling must have a yellow metal seal, shaped like the State of Illinois, mounted on the interior electric panel. This will distinguish a modular from a mobile home which has a 2-inch by 4-inch metal plate mounted on the tail light (rear) end of the mobile home. Modular housing is similar in many ways to conventionally constructed housing including construction on a permanent foundation (see definition for "permanent foundation"). Modular housing as herein defined shall be considered as single family dwellings.

Motel means a motel for motorists, usually with blocks of rooms opening directly onto a parking area. Also called motor court.

Nonconforming means a use, building or yard which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated. It is a legal nonconforming use if established prior to the passage of this chapter.

Nursery means a tract of land on which trees, shrubs, and other plants are raised for transplanting and sale, and including any structure in which said activities are conducted.

Nursery school means an establishment for the part-time care and/or instruction (at any time of day) of 4 or more unrelated children of predominantly pre-elementary school age.

Nursing home means a building used as a medical care facility for persons who need long-term nursing care and medical service, but do not require intensive hospital care.

Office means any building, or portion thereof, in which the business of a commercial/service enterprise or professional person is transacted.

Off-street parking area means land that is improved and used primarily for the storage of passenger motor vehicles, free of charge or for compensation. An off-street parking area, depending on the circumstances of its use, may be either a principal use or an accessory use.

Patio means an at-grade-paved area without any walls usually adjacent to a building, and which is intended to be used as an outdoor lounging, dining, or entertaining area.

Permanent foundation means a permanent support for buildings that are constructed of conventional foundation materials such as concrete or cement blocks. The foundation footing shall extend below the frost line.

Permitted uses mean any use which is or may be lawfully established in a particular district(s) provided it conforms with all the requirements applicable to said district(s).

Person means any individual, firm, association, organization, or corporate body.

Plan means the geographical and topographical maps, engineering and architectural drawings and specifications, and other information indicating the location and nature of a development.

Porch means a structure attached to a building to shelter an entrance or to serve as a semi-enclosed space, usually covered with a roof, generally open-sided, and usually large enough to allow seating devices.

Premises means a lot and all the structures and uses thereon.

Principal buildings/structure/use means the main structure erected on or the main use occupying a lot, as distinguished from an accessory (subordinate) structure or use.

Private street means any street providing access to abutting property that is not maintained by and dedicated to a unit of government.

Reconstruct. As applied to nonconforming structures, reconstruct means to rebuild after destruction.

Recreational vehicle (RV) park. See Camping trailer park.

Refuse means garbage (food wastes) and trash, but not sewage or industrial wastes.

Relocate means to move to another portion of a lot or to a different lot.

Repair means to restore to sound condition, but not to reconstruct.

Retail refers to the sale of goods and services directly to the consumer rather than to another business.

Right-of-way, public means land which the owner/subdivider has dedicated to the city or to another unit of government for streets and alleys. Or land that has been laid out in the original plat of the city as a public right-of-way.

Sanitary landfill means a tract of open land used for the permanent disposal of refuse in accordance with the requirements of the Illinois Environmental Protection Agency.

Satellite dish means any parabolic/dish-type apparatus, external to or attached to the exterior of a building or structure, capable of receiving, for the benefit of the principal use, television or radio signals. Satellite dishes are considered an accessory use.

Setback means the distance between the front lot line and the building line; or between a side or rear lot line and the side of the structure which faces such lot line; or between the appropriate lot line and the nearest boundary of the area of operation which is approximately parallel to such lot line.

Short-term rental means any habitable structure constructed for residential occupancy under the City of Litchfield Code for which a rental contract for occupancy has been made for a term of 30 days or less and which the short-term rental use is permitted to operate, pursuant to a current and valid permit on file with the city.

Skirting means the cover affixed to the bottom of the exterior walls of a mobile home to conceal the underside thereof.

Special use means a use that has unusual operational, physical, or other characteristics which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district. Special uses commonly must meet special standards not necessarily applicable to permitted uses in the district and are allowed only by permit.

Stable means a structure, situated on the same lot as a dwelling, and designed or used for housing horses for the private use of occupants of the dwelling, but not for hire.

Stoop means a small porch which is usually not covered with a roof and which is primarily used to provide access to the adjoining building.

Street means a public or private way for motor vehicle travel. The term street includes a highway, thoroughfare, parkway, through way, road, pike, avenue, boulevard, land, place, drive, court, and similar designations, but excludes an alley or a way for pedestrian use only.

Street line means the street right-of-way line abutting a lot line.

Structure means anything constructed or erected on the ground, or attached to something having fixed location on the ground. All buildings are structures, but not all structures are buildings.

Structure, temporary means any structure that is not attached to a permanent foundation.

Temporary use permit means a permit issued in accordance with the provisions of this chapter and valid for not more than 1 year, which allows the erection/occupation of a temporary structure or the operation of a temporary enterprise.

Topography means the relief features or surface configuration of an area.

Tourist home (see Bed and breakfast).

Trailer. See Camping trailer.

Use means the purpose or activity for which land or a structure thereon is designed, arranged, intended, occupied, or maintained.

Utility substation means a secondary utility facility such as an electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, etc.

Variance means a license or permit to do some act contrary to the usual rule.

Wholesale refers to the sale of goods or services by 1 business to another business.

Yard means open space that is unobstructed except as specifically permitted in the chapter and that is located on the same lot as the principal building.

Yard, front means a yard which is bounded by the front lot line and the building line.

Yard line means a line in a lot that is parallel to the lot line along which is not nearer to such lot line at any point than the required depth or width of said yard.

Yard, rear means a yard which is bounded by side lot lines, rear lot lines, and the rear yard line.

Yard, side means a yard which is bounded by the rear yard line, front yard line, side yard line, and side lot line.

Zoning district means a partition of a municipality by ordinance divided into sections reserved for different purposes and uses.

Zoning map means the map(s) and any amendments thereto designating zoning districts. The zoning map is incorporated into this chapter.

(Ord. 2831, passed 3-4-1999; Am. Ord. 3095, passed 2-10-2005; Am. Ord. 3371, passed 7-2-2013; Am. Ord. 3591, passed 1-7-2021; Am. Ord. 3633, § IA, B, passed 9-2-2021; Am. Ord. 3647, § I, passed 3-2-2023)

No structure or part thereof shall be erected, used, occupied, enlarged, altered, relocated or reconstructed except in conformity with the provisions of this chapter. Similarly, no lot or part thereof shall be used, occupied, or developed except in conformity with the provisions of this chapter.

(Ord. 2831, passed 3-4-1999)

Cross reference— Penalty, see § 150.999

By resolution, the City Council shall establish (and may periodically amend) a schedule of filing fees for the various permits and procedures listed in this chapter. Said fees are intended to defray the administrative cost connected with the processing/conducting of such permits or procedures; the fees do not constitute a tax or revenue-raising device. All such fees shall be paid by the applicant to the city and are non-refundable. A current schedule of filing fees shall be maintained in the Building Inspector's office and on file with the City Clerk.

(Ord. 2831, passed 3-4-1999)

(A)

Amendment notices. All notices for the amendment of the Zoning Ordinance of the City of Litchfield shall be by first class mail, by certificate of mailing to the applicant, to the last known owner of the property, adjoining premises in question, and all property owners in the zoning district affected by the amendment. A copy of the certificate of mailing indicating the name and address of the property owners to which notices were sent, certified by the postmaster, shall be provided to the Building and Zoning Department no later than 20 days prior to the date of the public hearing.

(B)

Special use and variance notices. Regarding the special use and variance, notice shall be given not more than 30 days before filing an application for variation or special use with the Board of Appeals, served either in person or by registered mail, return receipt requested, on the owners, as recorded in the Office of the Recorder of Deeds or the registered titles in the county in which the property is located and as appears from the authentic tax records of such county, of all property within 250 feet in each direction of the location for which the variation or special use is requested, provided the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250 feet requirement.

(C)

Contents of notice. All notices, whether for variation, special use or amendment, should contain a brief statement of the nature of the relief requested, the name and address of the legal and beneficial owner of the property for which the variation, special use or amendment is requested, and a statement that the applicant has filed an application for variation, special use or amendment to the ordinances of the City of Litchfield, and the date on which the application will be heard.

(D)

Costs and expenses of notice. All costs and expenses associated with the giving of notices pursuant to this section shall be at the sole expense of the petitioner for the special use, variance or amendment, as the case may be.

(Ord. 3319, passed 6-7-2011)

Cross reference— Notice of amendment, see § 150.170; Notice of special use, see § 150.163; Notice of variance, see § 150.218

In order to implement this chapter, and to achieve the objectives in §§ 150.001 through 150.004, the entire municipality is hereby divided into the following zoning districts:

(Ord. 2831, passed 3-4-1999; Am. Ord. 3557, passed 7-18-2019)

The boundaries of the listed zoning districts are hereby established as shown on the zoning map of Litchfield. The zoning map, including all notations and other information thereon, is hereby made a part of the chapter by reference. Official copies of the zoning map shall be kept on file in the office of the City Clerk and/or Building Inspector.

(Ord. 2831, passed 3-4-1999)

Cross reference— Zoning districts map, see Ch. 150, App. C

In accordance with state law, the city shall publish the zoning map not later than March 31 of each year. However, no map shall be published for any calendar year during which there have been no changes in zoning districts or regulations.

(Ord. 2831, passed 3-4-1999)

In determining with precision what territory is actually included within any zoning district, the city shall apply the following rules:

(A)

Where a district boundary as indicated on the zoning map approximately follows the features listed below on the left, the corresponding feature on the right shall be deemed the district boundary:

(B)

Whenever any street, alley or other public way is legally vacated, the zoning districts adjoining each side of such vacated public way shall automatically extend to the center of such way, and all territory included in the vacated way shall thereafter be subjected to all regulations of the extended districts.

(C)

All territory (including bodies of water) that lies within the zoning jurisdiction of this municipality, but which is not shown on the zoning map as being located within any district, shall comply with the zoning regulations of the most restrictive adjoining district.

(Ord. 2831, passed 3-4-1999)

The provisions of this subchapter shall not be interpreted or administered so as to restrict the erection, maintenance, alteration, or extension of buildings (including farmhouses) or structures used or intended to be used for agricultural purposes on agricultural land except that such buildings or structures shall be required to conform to applicable setback regulations. Whenever a portion of a tract of land ceases to be used primarily for agricultural purposes, all pertinent provisions of this chapter shall apply to that portion.

(Ord. 2831, passed 3-4-1999)

Whenever any use is not specifically listed as permitted or special within a particular zoning district, such use shall be deemed prohibited in that district. However, if the City Council, following consultation with the Building Inspector, finds that the unlisted use is similar to and compatible with the listed uses, they may amend this chapter in accordance with § 150.167 to allow such use. The Council's decision shall become a permanent public record, and any unlisted use that they approve shall thereafter have the same status as listed uses.

(Ord. 2831, passed 3-4-1999)

Cross reference— Penalty, see §150.999

Except as specifically provided otherwise in this chapter, 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. Applications for temporary use permits shall be treated in the same way as applications for special use permits. A temporary use permit shall be valid for not more than 1 year unless it is properly renewed (See § 150.166).

(Ord. 2831, passed 3-4-1999)

Cross reference— Penalty, see §150.999

Except as specifically provided otherwise:

(A)

Only 1 principal building or structure shall be permitted on any residential lot; and

(B)

No portion of any minimum area, minimum dimensions, or minimum yards required for any lot, structure, or use shall be counted to satisfy the minimum area, dimensions, or yard requirements for any other lot, structure or use.

(Ord. 2831, passed 3-4-1999)

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. 2831, passed 3-4-1999)

Cross reference— Penalty, see §150.999

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. 2831, passed 3-4-1999)

Except as specifically provided otherwise, in the Residential zoning district and in the Community Business district, where lots have 50% or more of the frontage on 1 side of a street between intersections (that is, in 1 block) are developed with buildings, and the front setbacks of those lots do not differ by more than 10 feet, the minimum required front setback on that block shall be the average of the existing front setback; provided however, that in any built-up area, no front setback shall be less than 15 feet, nor shall any front setback greater than 50 feet be required.

(Ord. 2831, passed 3-4-1999)

Except where principal buildings are commonly attached (for example, in the downtown business area), no part of a principal building on 1 lot shall be closer than 10 feet from any part of a principal building located on an abutting lot. However, so long as this overriding constraint is observed, certain intrusions into required yards are permitted as indicated below.

(Ord. 2831, passed 3-4-1999)

(A)

Necessary appurtenances. Chimneys, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas, or other necessary appurtenances commonly constructed above the roof line shall be permitted to exceed the maximum height limitations for the district in which they are located if they comply with all other pertinent ordinances of this municipality.

(B)

Intersections. On corner lots, in the triangular portion of land bounded by the street lines that are 25 feet from the point of intersection, no obstruction, whether natural or man-made, shall intrude into the air space that exceeds 4 feet above the level of the adjacent street.

(Ord. 2831, passed 3-4-1999)

(A)

An accessory use means any structure or use which is:

(1)

Subordinate in size or purpose to the principal structure or use which it serves;

(2)

Necessary or contributing to the comfort and convenience of the occupants (whether individuals or a commercial enterprise) of the principal structure or use served; and

(3)

Located on the same lot as the principal structure or use served.

(B)

If an accessory use is attached to the principal structure, it shall be considered part of that principal structure. Roof overhangs on accessory structures not attached to the principal structure shall not encroach more than 2 feet into the required setback distance.

(Ord. 2831, passed 3-4-1999)

The following accessory uses are strictly prohibited unless expressly permitted in particular zoning district(s): Use of an accessory structure as a dwelling.

(Ord. 2831, passed 3-4-1999)

(A)

To facilitate public understanding of this chapter and for the better administration and convenience of use thereof, the regulations limiting the dwelling unit density, the heights, bulk and arrangement of buildings, and requiring minimum off-street parking for each of the districts established by § 150.025 hereof (or specified use), are set forth in Appendix A hereof. Such Appendix A is hereby adopted and declared to be an integral part of this chapter, and it may be amended in the same manner as any other part of this chapter.

(B)

To facilitate public understanding of this chapter and for the better administration and convenience of use thereof, the regulations designating permitted uses, permitted accessory uses, special uses and specifically prohibited uses for each of the districts established by § 150.025 hereof, are set forth in Appendix B as a part of § 150.025 hereof. Such Appendix B is intended and declared to be an integral part of this chapter and it may be amended in the same manner as any other part of this chapter.

(1)

Each row refers to a specific district which lists the permitted uses, permitted accessory uses, special uses and specifically prohibited uses, and are read horizontally in a district row.

(2)

Limitations and requirements in Appendix B as used in a column shall mean and include the specific limitations and requirements as set forth in the same column for the district referred to. Where reference is made in Appendix B to another section or provision of this chapter, such section or provision referred to shall thereby be incorporated as an integral part of the requirements including such reference. All provisions of this chapter shall apply as integral parts of this section although not specifically cited as a column.

(Ord. 2831, passed 3-4-1999)

Cross reference— For Schedule of area and bulk regulations; parking requirements, see Appendix A; For Schedule of permitted uses, accessory uses; special uses; prohibited uses; use limitations, see Appendix B

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 applicable codes and ordinances of this municipality.

(Ord. 2831, passed 3-4-1999)

This subchapter establishes lot and structure requirements, design standards, and use limitations for specific, potentially troublesome, structures, and uses. These regulations apply in every zoning district where the specific structure or use is permitted or allowed by special use permit. But if more stringent regulations are applicable in any particular district, such regulations shall prevail.

(Ord. 2831, passed 3-4-1999)

The regulations of this section do not apply to camping or work or recreational trailers or other similar vehicles parked in a permitted camping trailer park.

(A)

Only 1 camping or work or recreational trailer or other similar recreational vehicle or boat can be parked on any 1 lot of a dwelling. A second camping, work, recreational trailer or similar recreation vehicle or boat can be parked not to exceed 15 consecutive days in length during a 12-month period.

(B)

No camping or work, or recreational trailer or other similar recreational vehicle or boat shall be used as living quarters (other than in a camping trailer park).

(C)

No camping or work, or recreational trailer or other similar recreational vehicle or boat shall be used as an office or for any other commercial purpose.

(D)

No camping or work, or recreational trailer or other similar recreational vehicle or boat shall be parked on any front yard, except on a driveway on the building lot. No parking on the boulevard or street.

(E)

No camping or work, or recreational trailer or other similar recreational vehicle or boat shall be located so as to obstruct vision at an intersection or vehicular entry or exit to and from the property.

(Ord. 2831, passed 3-4-1999; Am. Ord. 3614, passed 9-2-2021)

(A)

No barbed wire or electrically charged fence shall be erected or maintained anywhere in this municipality.

(B)

No fence, wall, or other obstruction shall be erected within any public right-of-way without the written approval of the Building Inspector.

(C)

No fence, wall or other obstruction shall be erected in violation of the Illinois Drainage Code.

(D)

Every fence, wall or other obstruction shall conform to the special height restrictions applicable in areas near intersections (See § 150.048(B)). No fence, wall or other obstructions in any required front yard area shall exceed 4 feet in height or in any required rear or side yard exceed 8 feet in height.

(E)

No fence as defined in § 150.007 shall be erected until a permit has been obtained from the city. Dog runs, temporary fences and the maintenance and repair of existing fences shall not require a permit.

(F)

Temporary fences may be installed up to 90 days without a permit. Dog runs, temporary fences and the maintenance and repair of existing fences shall not require a permit.

(G)

That type of fence which is essentially for decorative purpose only and is not intended in any way to be used as an enclosure, barrier or means of protection confinement does not require permits.

(H)

Dog runs shall be a maximum in size of 300 square feet and shall not exceed 8 feet in height. Dog runs do not require a permit. Enclosures larger than 300 square feet shall be considered a fence and shall require a permit.

(I)

Dog runs shall be permitted in a rear yard only.

(J)

Covering over a dog run shall be a maximum of 100 square feet.

(K)

Fences constructed prior to this amendment will be grandfathered in.

(L)

Fences in any industrial-zoned area may not exceed 8 feet in height, with the exception that the special height restrictions applicable in areas near intersections shall remain in full force and effect.

(M)

No fences shall be allowed in any area used for adult entertainment.

(N)

No fence, wall or other obstruction shall be located so as to block light, ventilation or emergency egress of building(s) situated on the property where fence, wall or other obstruction will be situated.

(O)

A 3-foot separation will be required between existing structures and fences and fences back-to-back (for repairs, maintenance, etc.).

(P)

All permanent fence supports shall be installed a minimum of 32 inches into the ground (below grade) and extend the total height of the fence.

(Q)

Fences are to be built of standard fence wood, vinyl, chain link, or metal, such as wrought iron (type). You may not build fence with scrap lumber, chicken wire, woven wire, wire used for agricultural purposes, metal T-post, wood pallets or unapproved materials. The fence shall be attractive, sturdy, safe, uniform and of even dimension.

(R)

To attach to neighbor(s) fence written permission must be received from that neighbor(s) and supplied to the Building Inspector prior to attaching each fence. End post may be installed using same criteria.

(S)

If a fence is built across a drainage easement or swale, the bottom of the fence must be at least 4 inches above the ground to allow storm water to pass beneath.

(T)

Fence height shall be reduced to 4 feet in height above the grade of the street within 10 feet of each side of a driveway(s) where the driveway(s) enter or exit the property to a public street or alley.

(Ord. 2831, passed 3-4-1999; Am. Ord. 3615, passed 9-2-2021)

(A)

All gasoline pumps and other service facilities shall be located at least 25 feet from any street right-of-way line, or rear lot line.

(B)

Every access way (curb cut) shall be located at least 200 feet from any fire station, school, public library, church, park, or playground.

(C)

All trash receptacles, except minor receptacles adjacent to the gasoline pumps, shall be screened from view.

(D)

All existing filling stations prior to adoption of this section, that do not meet the requirements of divisions (A), (B), and (C) will be permitted to operate.

(Ord. 2831, passed 3-4-1999)

(A)

For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

Home occupation. An occupation or profession customarily carried on by an occupant of a dwelling unit as a secondary use which is clearly subservient to the use of the dwelling for residential purposes.

(B)

No home occupation in residential districts shall be permitted that:

(1)

Requires exterior building alterations to accommodate the occupation;

(2)

Generates traffic, parking, sewage or water use in excess of what is normal in the residential neighborhood;

(3)

Creates excessive noise, vibration, glare, fumes, odors, or results in electrical interference or becomes a nuisance;

(4)

Results in outside storage or continuous display of anything including signs;

(5)

Requires the employment of anyone in the home other than the dwelling occupant;

(6)

Occupies more than 25% of the ground floor area of the dwelling or 50% of the ground floor area of any detached garage; or occupies more than 50% of a basement; and in no instance shall such space in the aggregate exceed 500 square feet of floor space;

(7)

Requires parking for customers that cannot be accommodated on the site and/or not exceeding 1 parking space at curb side of the street;

(8)

Requires the delivery of goods or the visit of customers before 6 a.m. or after 9 p.m.

(C)

The following are permitted home occupations provided they do not violate any of the provisions of the previous division:

(1)

Dressmaking, sewing, or tailoring;

(2)

Painting, sculpturing or writing;

(3)

Telephone answering;

(4)

Home crafts, such as model making, rug weaving, lapidary work, and cabinet making;

(5)

Tutoring, limited to 4 students at a time;

(6)

Home cooking and preserving;

(7)

Office for after hours work or as a base of operations for service provided outside and away from the home;

(8)

Laundering and/or ironing;

(9)

Repair of clocks, instruments or other small appliances which do not create a nuisance due to noise, vibration, glare, fumes, odors, or results in electrical interference.

(10)

Tourist home rentals shall be allowed in C2 zoned districts without the need for any other type of permit. Said rentals shall be allowed in S1 and S2 zoned districts if the owner of the short-term rental obtains a special use permit from the City Council.

(D)

The following are prohibited as home occupation:

(1)

Barber shops and beauty parlors;

(2)

Dance and exercise studios;

(3)

Private clubs;

(4)

Repair shops which may create a nuisance due to excessive noise, vibration, glare, fumes, odors or electrical interference;

(5)

Restaurants;

(6)

Stables or kennels and related services;

(7)

Reserved;

(8)

Automobile repair or paint shops.

(E)

Any proposed home occupation that is neither specifically permitted by division (C), nor specifically prohibited by division (D), shall be considered a special use and granted or denied upon consideration of those standards contained in division (B), and under the procedures specified in §§ 150.160 through 150.174.

(F)

Home occupation permits shall be limited to the applicant who legally resides in the residence. The permits shall be non-transferable.

(G)

Home occupations requiring a special use permit must have an annual permit issued by the Building Inspector. The annual permit fee will be $10.

(Ord. 2831, passed 3-4-1999; Am. Ord. 3637, § I, passed 10-6-2022)

(A)

The lot on which any hospital or sanitarium is situated shall have a minimum width and depth of 200 feet, and a minimum area of 5 acres.

(B)

The lot on which any nursing home is situated shall have a minimum width and depth of 200 feet, and a minimum area of 1.5 acres.

(Ord. 2831, passed 3-4-1999)

(A)

A junk yard is defined as an open area of land and any accessory structures thereon that are used for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste or scrap materials. Such scrap materials include vehicles, machinery, and equipment not in operable condition or parts thereof, and metals, glass, paper, plastics, rags, and rubber tires. A lot on which 3 or more inoperable vehicles are stored shall be deemed a junk yard. A junk yard includes an automobile wrecking yard.

(B)

Junk yards shall not be allowed within the corporate limits of this municipality. Those junk yards in existence prior to the adoption of this section will be "grandfathered". Such yards may be sold so long as it continues to be a junk yard. If the property ceases to be a junk yard after 1 year, it will be re-zoned the same as the district that adjoins or surrounds it.

(C)

All existing approved junk yards within the city limits of Litchfield prior to the adoption of this section must be screened by a wall, solid fence or closely planted shrubbery 8 feet high and of sufficient density to block the view from adjacent property within 3 years of the adoption of this section.

(D)

The operation of non-approved junk yards will be required to cease, including the removal of all materials from the yard, within 3 years of the adoption of this section.

(E)

All new proposed junk yards must be approved by the City Council with the advice and consent of the Planning Commission.

(F)

All new junk yards must be inspected, and registered with the City Building Inspector. The fee for registration and inspection will be $50.

(Ord. 2831, passed 3-4-1999)

Sanitary landfills are not permitted within the jurisdictional limits of this Zoning chapter.

(Ord. 2831, passed 3-4-1999)

(A)

The lot on which any school is situated shall have the minimum area indicated below:

(B)

The principal building of any school shall be located at least 25 feet from all lot lines.

(Ord. 2831, passed 3-4-1999)

(A)

Privately owned artificial basins of water used for swimming or wading, hereinafter "swimming pools" shall be in conformity with the requirements of this subchapter; provided, however, these requirements shall not be applicable to any such swimming pool less than 24 inches deep or having a surface area of less than 250 square feet, except when such pools are permanently equipped with a water recirculating system or involve structural materials.

(B)

No person shall own, possess, build, construct, install, enlarge or alter a swimming pool as defined in division (A), unless there shall be erected and maintained an adequate enclosure, either surrounding the property upon which the swimming pool is located or the pool area itself, sufficient to make such a body of water inaccessible to small children.

(C)

All swimming pools, regardless of whether they are of permanent or temporary construction and regardless of whether they are reconstructed in the ground or above the ground, shall be protected by a fenced enclosure with a height of at least 4 feet above the underlying ground level and shall be equipped with a self-latching gate having a latch at least 4.5 feet from the bottom of the gate, the release mechanism shall be located on the pool side of the gate at least inches below the top of the gate. The gate to the fenced enclosure around each swimming pool shall be locked with a lock which can be opened only with a key or combination whenever the pool is not in use.

(D)

The provision of this section shall apply to any swimming pool, herein defined, built, constructed, installed, enlarged or altered after the effective date of this section. Within 3 months of the effective date of this section existing swimming pools must meet the standards in divisions (A), (B), (C) and (D).

(Ord. 2831, passed 3-4-1999)

Every electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, water storage facility, or similar facility shall be deemed a special use, and shall conform to the following regulations:

(A)

New facilities shall meet the minimum area and dimension requirements of the district in which it is located. Every part of any such facility shall be located at least 25 feet from all lot lines, or shall meet the district setback requirements, whichever is greater.

(B)

In any residential district, the structure housing any facility shall be designed and constructed to be compatible with the residential character of the area.

(C)

Every such facility shall be screened by close planted shrubbery at least 10 feet in height and of sufficient density to block the view from adjacent property. Furthermore, if the Building Inspector determines that the facility poses a safety hazard (for example, if there are exposed transformers), he shall require that a secure fence at least 8 feet in height be installed behind the planting screen.

(Ord. 2831, passed 3-4-1999)

(A)

The following requirements are supplementary to the standards in the Illinois Mobile Home Safety Act and the Rules and Regulations adopted by the Illinois Department of Public Health pursuant thereto. No mobile home shall hereafter be brought into this municipality unless said home conforms to construction/safety standards adopted by the Illinois Mobile Home Safety Act.

(B)

After the adoption of this section, individual mobile homes used for residential living quarters shall be located only in the MH Mobile Home Zoning Districts.

(C)

No mobile home shall be brought into or placed anywhere on individual lots within the Residential Districts R-S, S-1, and S-2.

(D)

After the effective date of this section, existing mobile homes in Residential Districts RS, S-1, and S-2 will be permitted if they are owner occupied. Owner occupied mobile homes cannot be upgraded or replaced at the end of the mobile homes life expectancy and must be removed when no longer livable. When the owner-occupied mobile home no longer exists, the property will be re-zoned the same as the district that surrounds it.

(E)

No mobile home or trailer shall be allowed to be placed in the City of Litchfield that is 5 years of age or older.

(F)

(1)

All mobile homes shall have perimeter skirting as described below to enhance the appearance of the home and to prevent rodent harborage. Skirting shall be masonry block. Footings shall be below frost level of not less than 30 inches below grade, measuring a minimum of 8 inches thick and 16 inches wide, and have 2 strands of #5 reinforcement re-bar placed horizontally 4 inches below top of footing. Block shall be placed on footings and shall continue to the underside of the dwelling. Masonry blocks shall have ⅝-inch diameter anchors doweled/epoxy and core filled every 4 feet and 2 feet from comers at a minimum of 8 inches in depth. Permanent perimeter skirting shall be equipped with an inspection door at least 24 inches wide by 24 inches high. Skirting shall be properly vented with a minimum of venting that shall be 1 square foot of ventilation for each 150 square feet of under floor area.

(2)

Mobile homes must be located on a stand extending the full length of the underside supports of the mobile home. The stand shall consist of 1 of the following: 6-inch-thick reinforced concrete runners; a 4-inch-thick reinforced concrete slab; or concrete piers constructed and located so as to facilitate placement and removal of the mobile home in relation to the abutting roadway. The piers shall be constructed of concrete in cylindrical shape not less than 16 inches in diameter and to a depth below frostline of not less than 30 inches below surface grade and shall be located at no greater than 8-foot intervals extending the full length of the underside supports of the mobile home. The underside of the home must also be provided with 4 inches of rock and an approved vapor barrier.

(3)

Each mobile home shall have installed appropriate tie-down equipment, namely: frame tie downs 2 feet from each end and a maximum of 12 feet spacing on each side of the length of the home. In accordance with the "Illinois Mobile Home Tiedown Act."

(G)

All mobile homes shall be connected to all available public utilities in accordance with all requirements for any residential structures in the city, shall be appropriately skirted, and shall conform to all requirements that are applicable to conventionally constructed dwelling units in the City of Litchfield.

(H)

Mobile homes to be placed and occupied can only be allowed by approved license and occupancy permit.

(1)

Every applicant for an original license shall submit to the City Clerk a written application for mobile home license. This application shall be accompanied by an inspection fee of $100.

(2)

The license application shall be referred to the Building Inspector for review and inspection according to the minimum requirements established by this subchapter and other applicable ordinances, statutes, and regulations. The Building Inspector will either approve or deny the application.

(3)

Issuance of the mobile home license by the Building Inspector shall authorize the applicant to proceed with installation, placement, and location of the mobile home. Occupancy of the dwelling will not be permitted until the issuance of an occupancy permit.

(4)

The holder of an original mobile home license must make application for an occupancy permit within 180 days. If no application for an occupancy permit is filed with the Building Inspector, the license shall be revoked. Any applicant denied an occupancy permit may reapply for an occupancy permit within 30 days of such denial by the Building Inspector. If the applicant does not reapply for an occupancy permit within such 30 days, then the license issued shall be revoked.

(5)

Any mobile home unoccupied for a period of 1 year shall be considered abandoned and must be removed. The property will then be subject to the zoning district in which it is located.

(I)

Existing mobile homes in the (MH) district, but not in a mobile home park or court, may be replaced provided the replacement mobile home meets the U.S. Department of Housing and Urban Affairs standards.

(Ord. 2831, passed 3-4-1999; Am. Ord. 3193, passed 9-4-2007; Am. Ord. 3200, passed 12-4-2007; Am. Ord. 3640, § I, passed 10-20-2022)

(A)

After the effective date of this section, no mobile home park and/or court shall be operated within this city without having first obtained a permit to operate from the Illinois Department of Public Health.

(B)

Mobile home parks and/or courts shall be permitted in the MH District and shall meet the following requirements.

(1)

Shall be located on a tract of land not less than 2 acres.

(2)

Shall contain at least 3 mobile homes.

(3)

Minimum Lot Size and Setback Requirements. Individual mobile home spaces shall be considered as lots and shall meet the following requirements:

(4)

Shall be skirted and anchored as per § 150.076(F)(1) through (4).

(5)

Two off-street parking spaces shall be provided per mobile home.

(6)

No access way may dead-end except as a cul-de-sac with appropriate turn-around space for emergency vehicles.

(Ord. 2831, passed 3-4-1999)

In any district where municipally owned or other publicly owned buildings are permitted, the following additional requirements shall be met:

(A)

In any residential district all municipal or other publicly-owned buildings shall be located at least 25 feet from all property lines.

(B)

In any residential or business district, there shall be no permanent storage of heavy construction or maintenance equipment (such as excavating, road building, or hauling equipment), unless in an enclosed building or enclosed within a solid wall or fence at least 6 feet in height. Such storage areas, maintenance yards, or storage warehouses shall be located at least 25 feet from any front or side property line.

(Ord. 2831, passed 3-4-1999)

A kennel is any structure or premises or portion thereof on which more than 4 dogs or cats are maintained, boarded, bred or are cared for in return for remuneration or are kept for the purpose of sale, or any structure or premises or portion thereof on which more than 4 dogs or cats over 4 months of age are kept.

(A)

The lot on which any kennel is situated shall have a minimum area of 3 acres.

(B)

Every kennel shall be located at least 200 feet from the nearest dwelling, and at least 100 feet from any lot line.

(Ord. 2831, passed 3-4-1999)

Farm Animals. The rearing, breeding or housing of horses, cattle, swine, poultry or other farm animals shall not be allowed within the corporate limits of this municipality.

(Ord. 2831, passed 3-4-1999)

(A)

Purpose and applicability. It is the intent and purpose of this section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the city. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder, and regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

(B)

Adult-use cannabis facility components. In determining compliance with this section, the following components of the adult-use cannabis facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:

(1)

Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property;

(2)

Proposed structure in which the facility will be located, including cotenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance;

(3)

Hours of operation and anticipated number of customers/employees;

(4)

Anticipated parking demand based on this section and available private parking supply;

(5)

Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways;

(6)

Site design, including access points and internal site circulation;

(7)

Proposed signage plan.

(C)

Adult-use cannabis craft grower. In those zoning districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following:

(1)

Facility may not be located within 1,500 feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

(2)

Facility may not be located within 1,500 feet of the property line of a preexisting property zoned for residential purposes.

(3)

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(4)

Petitioner shall file an affidavit with the city affirming compliance with all ordinances in existence at the time of the issuance of the license.

(D)

Adult-use cannabis cultivation center. In those zoning districts in which an adult-use cannabis cultivation center may be located, the proposed facility must comply with the following:

(1)

Facility may not be located within 1,500 feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

(2)

Facility may be not be located within 1,500 feet of the property line of a preexisting property zoned for residential purposes.

(3)

Facility may not conduct any sales or distribution of cannabis other than authorized by the Act.

(4)

Petitioner shall file an affidavit with the city affirming compliance with all ordinances in existence at the time of the issuance of the license.

(E)

Adult-use cannabis dispensing organization. In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:

(1)

Facility may not be located within 1,000 feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

(2)

Facility may not be located in dwelling unit or within 250 feet of the property line of preexisting property zoned for residential purposes.

(3)

At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises.

(4)

Petitioner shall file an affidavit with the city affirming compliance with all ordinances in existence at the time of the issuance of the license.

(F)

Adult-use cannabis infuser organization. In those zoning districts in which an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following:

(1)

Facility may not be located within 1,500 feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

(2)

Facility may not be located in a dwelling unit or within 250 feet of the property line of a preexisting property zoned for residential purposes.

(3)

At least 75% of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(4)

Petitioner shall file an affidavit with the city affirming compliance with all ordinances in existence at the time of the issuance of the license.

(G)

Adult-use cannabis processing organization. In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:

(1)

Facility may not be located within 1,500 feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

(2)

Facility may not be located in a dwelling unit or within 250 feet of the property line of a preexisting property zoned for residential purposes.

(3)

At least 75% of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(4)

Petitioner shall file an affidavit with the city affirming compliance with all ordinances in existence at the time of the issuance of the license.

(H)

Adult-use cannabis transporting organization. In those zoning districts in which an adult-use transporting organization may be located, the proposed facility must comply with the following:

(1)

Facility may not be located within 1,500 feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

(2)

Facility may not be located in a dwelling unit or within 250 feet of the property line of a preexisting property zoned for residential purposes.

(3)

The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(4)

Petitioner shall file an affidavit with the city affirming compliance with all ordinances in existence at the time of the issuance of the license.

(I)

Additional requirements. Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan of an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.

(J)

Additional requirements. Business hours are from 10:00 a.m. to 7:00 p.m., Monday through Friday, and 10:00 a.m. to 5:00 p.m., Saturday and Sunday. One dispensary in the corporate limits of the city and no on-premise consumption of cannabis allowed.

(K)

Permitted locations. Cannabis business classifications are permitted uses in the following zoning districts:

(L)

Performance standards for all cannabis business establishments. The cannabis business establishment shall comply with all statutory requirements of the Act, and the operator of the cannabis business establishment will provide a copy of the state-approved license and license application documentation required by the Act to the Building and Zoning Department.

(Ord. 3591, passed 1-7-2021)

Off-street parking and loading shall be provided in accordance with this subchapter for all structures and uses erected or established after the effective date of this chapter.

(Ord. 2831, passed 3-4-1999)

(A)

Existing off-street parking or loading facilities located on the same lot as the use served shall not be reduced below, or if already less than, shall not be further reduced below the requirements and standards for similar new structures or uses.

(B)

When an existing structure or use is damaged or destroyed and subsequently repaired or rebuilt, additional off-street parking and loading facilities need not be provided, but parking/loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored.

(C)

Whenever the use of any structure or premises is intensified through addition of dwelling units, gross floor area, seating capacity, etc., additional parking and loading facilities commensurate with such increase in use-intensity shall be provided.

(D)

Whenever the existing use of a structure is changed to a different use, parking or loading facilities shall be provided as required herein for such new use.

(Ord. 2831, passed 3-4-1999)

(A)

Spaces.

(1)

Each required parking space shall be at least 9 feet wide and 19 feet long, and shall have at least 7 feet of vertical clearance. Every space shall be situated so that no part of any parked vehicle overhangs the public right-of-way.

(2)

For multi-family, business and industrial uses, marking shall be laid and restored as often as necessary to clearly delineate each parking space.

(B)

Interior aisles. Aisles within parking lots in Business and Industrial Districts shall be sufficiently wide to permit safe and efficient vehicular movement in the aisles, and into and out of parking spaces. Aisles designed for two-way traffic shall be at least 22 feet wide. One-way aisles designed for 60 degrees parking shall be at least 18 feet wide.

(C)

Access way. Parking areas in the Business and Industrial Districts shall be designed so that ingress to and egress from a parking space is from an aisle or driveway, not directly from the public right-of-way.

(1)

No access way to any parking shall be located within 30 feet of any corner formed by the intersection of the rights-of-way of 2 or more streets. At intersections where traffic control devices are installed, the Building Inspector after consulting with the Chief of Police may increase this requirement as necessary to prevent traffic hazards.

(2)

The access way to every parking lot located in any business and industrial zoning district shall be at least 24 feet wide unless 2 one-way drives, each 12 feet wide, are provided.

(3)

The access way to every parking area located in any residential zoning district shall be at least 10 feet wide; but if the parking area contains more than 8 parking spaces or if the access way is longer than 100 feet, access shall be provided either by one 2-way drive at least 20 feet wide or by 2 one-way drives, each at least 10 feet wide.

(D)

Lighting. Any light(s) used to illuminate any parking area shall be arranged or shielded so as to confine direct light rays within the parking area boundary lines to the greatest extent practicable.

(Ord. 2831, passed 3-4-1999)

All off-street parking shall be located in conformity with the following requirements:

(A)

Parking spaces accessory to dwellings located in any residential zoning district shall be located on the same lot as the dwelling. Such parking spaces shall not be located in any front yard except in the driveway, but may be located in the side or rear yards. Each parking space accessory to a multi-family dwelling shall be unobstructed so that no vehicle need be moved in order to allow another vehicle to enter/exit the parking area.

(B)

All parking spaces accessory to permitted non-dwelling uses located in the residential zoning district generally shall be located on the same lot as the use served. However, by special permit, such parking facilities may be located on another parcel within 200 feet of the use served. No commercial vehicle exceeding 1 ton cargo capacity or exceeding 20 feet in length, shall be parked anywhere in a residential district (except for normal loading, unloading, and service call), unless a special use permit has been obtained. No vehicle repair work shall be permitted on any parking lot located in any residential district.

(Ord. 2831, passed 3-4-1999)

(A)

Parking spaces accessory to any dwelling located in any business district shall be located within 200 feet of the dwelling. Parking spaces accessory to any other conforming use located in any business or industrial district shall be located within 500 feet of the use served.

(B)

No parking space accessory to any use located in business or industrial district shall be located in any residential district except by special use permit; and in no case shall any such parking areas extend more than 500 feet into a residential district.

(C)

In any business or industrial district, off-street parking facilities for different buildings or uses may be provided collectively if the total number of spaces so located together is not less than the sum of the separate requirements for each use, and if all regulations governing location of parking spaces in relation to the use served are observed.

(Ord. 2831, passed 3-4-1999)

All parking areas and parking lots shall be graded and improved with a surface approved by the Building Inspector. The surface shall be sufficient for the intended use. The surfaces C-1, C-2 and I shall be paved properly for the expected use of such lot. Any decision by the Building Inspector may be appealed to the Planning Commission, and they shall have the final decision.

(Ord. 2831, passed 3-4-1999)

All off-street loading facilities shall conform to the minimum standards as indicated:

(A)

Size of space. Every required off-street loading space shall be at least 12 feet wide and 45 feet long exclusive of aisle and maneuver space, and shall have vertical clearance of at least 14 feet. In no case shall a vehicle being loaded or unloaded overhang into the public right-of-way.

(B)

Access way. Every off-street loading space shall have a safe means of vehicular access to a street or alley. Such access way shall be at least 12 feet wide.

(C)

Location. Every off-street loading space, whether required or not, shall be located on the same parcel of land as the use served, and not closer than 50 feet to the intersection of the rights-of-way of 2 or more streets, and not on required front yards.

(Ord. 2831, passed 3-4-1999)

The requirements imposed by this chapter are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various residential, business, and industrial districts. Lots, structures, and uses of land or structures that do not conform to the requirements of the district in which they are located impede appropriate development. For example, nonconformities are frequently responsible for heavy traffic on residential streets, the over-taxing of parking facilities, the emission of noxious fumes or excessive noise, and/or the lowering of property values. The regulations in this subchapter are intended to alleviate such existing/potential problems by encouraging the gradual elimination of nonconformities.

(Ord. 2831, passed 3-4-1999)

(A)

Vacant lots. Any vacant lot that does not conform to 1 or more of the lot size requirements of the district in which it is located may be used in the manner indicated at divisions (B) and (C) if it:

(1)

Is of record on the date of the adoption or amendment of this chapter; and

(2)

Has continuously remained in separate ownership from abutting tracts of land throughout the entire period during which the creation of such lot was prohibited by the applicable zoning code or other ordinances.

(B)

Residential. On any such lot located in any district, any permitted structures may be erected, provided all the bulk (see definitions, § 150.007) and setback regulations of the particular district are observed.

(C)

Other districts. On any such lot located in the business or industrial districts, any structure permitted in the particular district may be erected if the bulk and setback requirements of that district are met.

(Ord. 2831, passed 3-4-1999)

Any lawful structure which exists on the date of the enactment or amendment of this chapter, but which could not be erected under the terms of this chapter because of restrictions on lot size, height, setbacks, lot coverage, or other characteristics of the structure, or its location on the lot, may lawfully remain, subject to the following provisions: No such structure shall be relocated unless, after relocation, it will conform to all the regulations of the district in which it is located.

(Ord. 2831, passed 3-4-1999)

If any lawful use occupying a structure exists on the date of the enactment or amendment of this chapter, but would not be allowed under the terms of this chapter, such a use may lawfully continue, subject to the following provisions:

(A)

Maintenance. Any structure housing a nonconforming use may be maintained through ordinary repairs.

(B)

Change of use. A nonconforming use occupying a structure shall not be changed except to a use permitted under the applicable district regulations.

(C)

Discontinuance of use. When a nonconforming use of a structure, or of a structure and premises in combination, is voluntarily discontinued for 12 consecutive months or for 18 months during any 3-year period, the nonconforming use shall not thereafter be resumed. Any discontinuance caused by government action and without any contributing fault by the nonconforming user shall not be counted in calculating the length of discontinuance.

(Ord. 2831,Passed 3-4-1999)

Any lawful use of land existing on the date of the adoption or amendment of this chapter that would not be permitted under the terms of this chapter may lawfully continue, subject to the following provisions.

(A)

Relocation. No nonconforming use of land shall be moved, in whole or in part, unless, upon relocation, such use will conform to all pertinent regulations of the district in which it will be located.

(B)

Change of use. A nonconforming use of land shall not be changed except to a use that is permitted under the applicable district regulations.

(C)

Discontinuance. When a nonconforming use of land is voluntarily discontinued for a period of 12 consecutive months, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations. Any voluntary discontinuance caused by government action and without any contributing fault by the owner or operator shall not be counted in calculating the length of discontinuance.

(Ord. 2831, passed 3-4-1999)

The regulations of this subchapter shall not apply to any change in an existing structure or to any change in the use of structure or of land for which a permit was issued prior to the enactment of this chapter or any pertinent amendment thereto, provided that the work authorized by such permit is carried out and completed with diligence.

(Ord. 2831, passed 3-4-1999)

The office of Zoning Administrator of this municipality is hereby established. The Building Inspector shall be the executive head of this office.

(Ord. 2831, passed 3-4-1999)

The Building Inspector is hereby authorized and directed to diligently administer and enforce the provisions of this chapter. This broad responsibility encompasses, but is not limited to, the following specific duties:

(A)

To review applications pertaining to land, structures and the uses of land and/or structures;

(B)

To issue or deny temporary and permanent certificates of zoning compliance;

(C)

To supervise inspections of land, structures, and the uses of land and/or structures to determine compliance with this chapter, and where there are violations, to initiate appropriate action to secure compliance;

(D)

To receive, file, and forward to the Zoning Board of Appeals all applications for variances and appeals;

(E)

To receive and file all applications for amendments and special use permits;

(F)

To maintain up-to-date records of this chapter including, but not limited to, district maps, certificates of zoning compliance, special use permits, variances, interpretative decisions of the Board of Appeals, amendments, and all applications related to any of these matters;

(G)

To periodically review the provisions of this chapter to determine whether revisions are needed, and to make recommendations on these matters to the City Council at least once each year;

(H)

To cause copies of this chapter (including the district map) and any amendments thereto to be printed from time to time, as necessary; and

(I)

To provide information to the general public on topics related to this chapter.

(Ord. 2831, passed 3-4-1999)

After the effective date of this chapter, no land shall be developed, no new use or structure shall be established or erected, and no existing use or structure shall be enlarged, extended, altered, relocated or reconstructed until a temporary certificate of zoning compliance has been issued. The Building Inspector shall issue no temporary certificate of zoning compliance unless he determines that, when the (proposed) work is completed, the use and/or structure will conform to the applicable provisions of this chapter.

(Ord. 2831, passed 3-4-1999)

(A)

As used below, the term proposed refers to "altered," "enlarged," or "extended" as well as "completely new."

(B)

Every applicant for a temporary certificate of zoning compliance shall submit to the Building Inspector, in a narrative or graphic form, any or all of the following items of information as required by the Building Inspector.

(1)

Name and address of the applicant;

(2)

Name and address of the owner or operator of the proposed structure or use, if different from division (1);

(3)

Nature of the proposed use, including type of activity, manner of operations, number of occupants or employees, and similar matters;

(4)

Location of the proposed use or structures, and its relationship to existing adjacent uses or structures;

(5)

Area and dimensions of the site for the proposed structure or use;

(6)

Existing topography of the site (USGS 10-foot contour data is acceptable), and proposed finished grade;

(7)

Existing and proposed screening, landscaping and erosion control features on the site, including the parking area;

(8)

Height, setbacks, and lot coverage of the proposed structures;

(9)

Number and size of proposed dwelling units, if any;

(10)

Location and number of proposed parking/loading spaces and access ways;

(11)

Identification and location of all existing and proposed utilities, whether public or private; and/or

(12)

Location and square footage of existing and proposed signs by type and class.

(Ord. 2831, passed 3-4-1999)

Every applicant for a temporary certificate of zoning compliance shall pay a filing fee of $15. Temporary certificates of zoning compliance shall be valid for 1 year. The Building Inspector may renew such temporary certificates for successive 1-year periods upon request in writing.

(Ord. 2831, passed 3-4-1999)

(A)

No lot or structure or part thereof that has been created, developed, erected, enlarged, altered, relocated, or reconstructed after the effective date of this chapter shall be used or occupied until a permanent certificate of zoning compliance has been issued. The Building Inspector shall issue no permanent certificate of zoning compliance unless he determines, by inspection, that:

(1)

The development or construction of such lot or structure has been completed in accordance with plans approved at the time the temporary certificate of zoning compliance was issued; and

(2)

The lot or structure as completed, and the proposed use thereof, conforms to all applicable provisions of this chapter.

(B)

Permanent certificates of zoning compliance shall be issued free of charge. Failure to obtain a permanent certificate of zoning compliance shall constitute a violation of this section.

(Ord. 2831, passed 3-4-1999)

Whenever the Building Inspector determines, by inspection or by other means, that reasonable grounds exist for believing that any lot, structure, or use is in violation of this chapter, he shall so notify the responsible party in writing, and shall institute appropriate measures to secure compliance.

(Ord. 2831, passed 3-4-1999)

To secure compliance with this chapter, the Building Inspector may issue a corrective action order. Such order shall be deemed properly served upon the owner, occupant, or operator of the offending lot, structure, or use if it is served upon such party personally, sent by registered mail to his last known address, or posted in a conspicuous place on or about the affected premises. Corrective action orders shall include:

(A)

A description of the premises sufficient for identification;

(B)

A statement of what constitutes the violation;

(C)

An outline of the remedial action necessary to effect compliance;

(D)

The date by which the violation must be corrected;

(E)

The date by which any appeal of the correction order must be filed, and a statement of the procedure for so filing;

(F)

A statement that failure to abide by a corrective action order constitutes a separate violation of this chapter; and

(G)

A statement of the penalties attached to any violation of this chapter.

(Ord. 2831, passed 3-4-1999)

Whenever any land, structure, or use is being developed, erected, or established contrary to plans approved at the time the temporary certificate of zoning compliance was issued, the Building Inspector may order that such work be stopped immediately. The Building Inspector's stop-work order may be served on any person engaged in or responsible for such work, or may be posted in a conspicuous place on or about the affected premises. Failure to abide by a stop-work order shall be deemed a separate violation of this chapter.

(Ord. 2831, passed 3-4-1999)

Notwithstanding any other provisions of this chapter, whenever the Building Inspector determines that any violation of this chapter poses an imminent peril to life or property, he may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition. The Building Inspector shall take no such action until he has consulted with the City Attorney.

(Ord. 2831, passed 3-4-1999)

Whenever any violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the Building Inspector. The Building Inspector shall record such complaints, immediately investigate, and, if necessary, institute appropriate corrective measures.

(Ord. 2831, passed 3-4-1999)

This chapter divides this municipality into various districts, and permits in each district only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted use, depending upon their precise location, manner of operation, and other factors. Such "special uses" require careful case-by-case review, and may be allowed only by permission of the City Council after a hearing before the Plan Commission.

(Ord. 3332, passed 1-10-2012)

Every applicant for a special use permit shall submit to the Building Inspector, in narrative or graphic form, any or all of the items of information enumerated in § 150.138 that he or she may require. When the application is complete, the Building Inspector shall forward it, together with his or her recommendation, to the Plan Commission for further consideration.

(Ord. 3332, passed 1-10-2012)

The Plan Commission shall hold a public hearing on any application for a special use permit not later than 60 days after its filing. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.

(Ord. 3332, passed 1-10-2012)

(A)

Notice of the public hearing shall be given not more than 30 nor less than 15 days before the hearing:

(1)

By certified mail to the applicant and to the last known owner of property adjoining the premises in question; and

(2)

By publication in a newspaper of general circulation within this municipality for a minimum of 3 times.

(B)

This notice shall indicate the time, date, and place of the hearing, the location of the property and the nature of the proposal.

(Ord. 3332, passed 1-10-2012)

Cross reference— General notice provisions, see § 150.010

In making their decision, the Plan Commission shall consider the following factors:

(A)

Whether the proposed design, location, and manner of operation of the proposed special use is protective of the public health, safety, and welfare;

(B)

The effect the proposal would have on the value of neighboring property;

(C)

The effect the proposal would have on this municipality's overall tax base;

(D)

The effect the proposal would have on public utilities and on traffic circulation on nearby streets; and

(E)

Whether there are any facilities nearby that require special protection.

(Ord. 3332, passed 1-10-2012)

(A)

The Plan Commission may make a recommendation of approval, and recommend conditions as may be reasonably necessary to meet the standards of this chapter, on a special use permit without further public hearing by simple majority vote, provided that such special use, as conditioned, is:

(1)

Protective of the public health, safety, and welfare;

(2)

In keeping with the general purposes of this chapter;

(3)

Consistent with the characteristics of the general nature of the area in which the special use is to be located.

(B)

The City Council may grant a special use permit that received a recommendation of approval without further public hearing by simple majority vote. The City Council may add to, delete, amend, or modify any conditions set forth in the Plan Commission's recommendation by simple majority vote. Any proposed special use which fails to receive a recommendation of approval of the Plan Commission shall not be approved by the City Council except by a favorable majority vote of all members of the City Council then holding office.

(Ord. 3332, passed 1-10-2012)

As set forth in § 150.042, requests may be made for temporary use permits. The City Council shall issue no temporary use permit for a period longer than 1 year but may renew any such permit as they see fit.

(Ord. 3332, passed 1-10-2012)

In accordance with Illinois law and the provisions of this section, the City Council may amend the regulations imposed and the districts established in this chapter. Any proposed alteration of district boundaries or proposed change in the status of any use, whether permitted, special, or prohibited, shall be treated as a proposed amendment and dealt with accordingly. Amendments may be proposed by the City Council, the Building Inspector, Plan Commission, or any party of interest.

(Ord. 3332, passed 1-10-2012)

Any proposal to amend this chapter shall be filed on a prescribed form with the Building Inspector who shall forward it, together with his or her recommendation, to the Plan Commission.

(Ord. 3332, passed 1-10-2012)

The Plan Commission shall hold a public hearing on every amendment proposal not later than 60 days after its filing. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney.

(Ord. 3332, passed 1-10-2012)

(A)

All notices for the amendment of the zoning ordinance of the city shall be published at least once prior to a public hearing not more than 30 days nor less than 15 days before the public hearing on the amendment for the property in question.

(B)

The petitioner shall also hold a public meeting on the issue of the zoning amendment and publish notice of that public hearing at least once in a paper of general circulation not more than 30 days nor less than 15 days prior to the public hearing.

(Ord. 3332, passed 1-10-2012; Am. Ord. 3608, passed 7-15-2021)

Cross reference— General notice provisions, see § 150.010

No later than 10 days after the public hearing, the Plan Commission shall submit their advisory report/findings of fact to the City Council. The Plan Commission shall not recommend the adoption of any amendment unless they find that such amendment is in the public interest and not merely for the benefit of the party proposing it. Where the effect of a proposed amendment is to alter district boundaries or to change the status (permitted, special, or prohibited) of any use, the Plan Commission shall make findings regarding all of the following matters:

(A)

Existing uses of property in the vicinity of the property in question;

(B)

The district classification of property in the vicinity of the property in question;

(C)

The suitability of the property in question for uses already permitted under the existing district classification;

(D)

The trend of development in the vicinity of property in question, including changes (if any) which may have taken place since that property was placed in its present district classification.

(Ord. 3332, passed 1-10-2012)

The City Council may act on every proposed amendment at their next regularly scheduled meeting following submission of the Plan Commission's advisory report. Except as provided at § 150.173, the City Council, without further public hearing, may by simple majority vote pass any proposed amendment or may refer it back to the Plan Commission for further consideration.

(Ord. 3332, passed 1-10-2012)

(A)

The favorable vote of the majority of the members of the City Council is required to pass an amendment to this chapter when passage would be contrary to the recommendation of the Plan Commission.

(B)

The favorable vote of ⅔ of the members of the City Council then holding office is required to pass an amendment to this chapter when the amendment is opposed, in writing, by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered.

(Ord. 3332, passed 1-10-2012)

In cases of written opposition to an amendment of this chapter as prescribed in § 150.173(B), a copy of the written protest shall be served by the protester or protesters on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment.

(Ord. 3332, passed 1-10-2012)

The Zoning Board of Appeals of this municipality is hereby established in accordance with Illinois law.

(Ord. 2831, passed 3-4-1999)

The Board of Appeals shall consist of 7 members, all of whom shall reside within this municipality. Each Board member shall be appointed by the Mayor with the advice and consent of the City Council. One of the members so appointed shall be named as chairman at the time of his appointment. Each board member shall receive for his services such compensation, if any, as is determined from time to time by the City Council.

(Ord. 2831, passed 3-4-1999)

Each Board member shall hold office for 5 years from the date of his appointment, and until his successor has been selected and qualified; provided, however, that the initial appointees to the Board shall serve respectively for the following terms; 1 for 1 year, 1 for 2 years, 1 for 3 years, 1 for 4 years, 1 for 5 years, 1 for 6 years, and 1 for 7 years. With the advice and consent of the City Council, the Mayor may remove any member of the Board of Appeals for cause after a public hearing. Vacancies on the Board shall be filled for the unexpired term of the member whose place has become vacant in the same manner as provided for the appointment of new members. A Board member shall not serve more than 2 consecutive terms.

(Ord. 2831, passed 3-4-1999)

All meetings of the Board of Appeals shall be held at the call of the Chairman and at such time as the Board may determine. All Board meetings shall be open to the public. The Board may adopt their own rules of meeting procedures, so long as these rules do not conflict with this chapter or with the applicable Illinois statutes. The Board may select such officers as they deem necessary. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. Four members of the Board shall constitute a quorum, and the affirmative vote of at least 4 members shall be necessary to authorize any Board action.

(Ord. 2831, passed 3-4-1999)

The Board shall keep minutes of its proceedings and examinations. These minutes shall indicate the absence of any member, the vote or abstention of each member on each question, and any official action taken. A copy of every rule, variance, order, or decision of the Board shall be filed immediately in the City Clerk's Office, and shall be a public record.

(Ord. 2831, passed 3-4-1999)

The Board of Appeals is hereby authorized and directed to perform the following duties:

(A)

To hear appeals from any zoning-related decision or order made by the Building Inspector.

(B)

To hear upon requests for lot size/bulk variances in accordance with the standards established in this chapter; and

(C)

To perform such other duties as the City Council may prescribe.

(Ord. 2831, passed 3-4-1999)

Any person aggrieved by any decision or order of the Building Inspector in any matter related to the interpretation or enforcement of any provision of this chapter may appeal to the Zoning Board of Appeals on a prescribed form. Every such appeal shall be made and treated in accordance with Illinois law and the provisions of this section.

(Ord. 2831, passed 3-4-1999)

Every appeal shall be made within 45 days of the matter complained of by filing with the Building Inspector and the Board a written notice specifying the grounds for appeal. Not more than 5 working days after the notice of appeal has been filed, the Building Inspector shall transmit to the Board all records pertinent to the case.

(Ord. 2831, passed 3-4-1999)

An appeal stays all further action on the matter being appealed unless the Building Inspector certifies to the Board, after the notice of appeal has been filed with him, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the Board or the circuit court grants a restraining order for due cause, and so notifies the Administrator.

(Ord. 2831, passed 3-4-1999)

The Board shall hold a hearing on every appeal not later than 60 days after the filing of the appeal notice. At the hearing, any interested party may appear and testify, either in person or by a duly authorized agent or attorney.

(Ord. 2831, passed 3-4-1999)

(A)

Notice of the hearing shall be given not more than 30 nor less than 15 days before the hearing:

(1)

By certified mail to the applicant and to the last known owner of property adjoining the premises in question; and

(2)

By publication in a newspaper of general circulation within this municipality for a minimum of 3 times.

(B)

This notice shall indicate the time, date, and place of the hearing, the location of the property and the nature of the proposal.

(Ord. 2831, passed 3-4-1999)

The Board shall be required to decide all appeals within 30 days after the final hearing thereon. A certified copy of the Board's decision shall be transmitted to the applicant or appellant and to the Building Inspector. Such decision shall be binding upon the Building Inspector and observed by him and he shall be required to incorporate the terms and conditions of the same in the zoning certificate to the applicant or appellant whenever a certificate is authorized by the Board.

(Ord. 2831, passed 3-4-1999)

A lot size/bulk variance means a relaxation of the strict application of the lot size and/or bulk requirements applicable to a particular lot or structure.

(Ord. 2831, passed 3-4-1999)

Every application for a lot size/bulk variance shall be filed with the Building Inspector on a prescribed form. The application shall contain sufficient information to allow the Board to make an informed decision.

(Ord. 2831, passed 3-4-1999)

The Board shall hold a public hearing on any variance application not later than 60 days after its filing. At the hearing any interested party may appear and testify, either in person or by a duly authorized agent or attorney.

(Ord. 2831, passed 3-4-1999)

(A)

Notice of the public hearing shall be given not more than 30 nor less than 15 days before the hearing:

(1)

By registered mail to the applicant and to every owner of property adjacent to the premises for which the variance is requested; and

(2)

By publication in a newspaper of general circulation within this municipality.

(B)

The notice shall indicate the time, date, and place of the hearing, the particular location for which the variance is requested, and the nature of the proposed variance.

(Ord. 2831, passed 3-4-1999)

Cross reference— General notice provisions, see § 150.010

The Board of Appeals shall not recommend nor shall the City Council grant any lot size/bulk variance unless they find that the proposed variance is consistent with the general purposes of this chapter, and that the strict application of the district requirements would result in great practical difficulties or hardship to the applicant. More specifically the Board shall not recommend nor shall the City Council decide upon a variance unless they determine, based upon the evidence presented to them, that:

(A)

The property in question cannot yield a reasonable return if the district regulations are strictly applied; and

(B)

The plight of the applicant is due to peculiar circumstance not of his own making; and

(C)

The variance, if granted, will not be detrimental to the public health, safety, and welfare.

(Ord. 2831, passed 3-4-1999)

The Board shall be required to decide all applications within 30 days after the final hearing thereon. A certified copy of the Board's decision shall be transmitted to the applicant or appellant and to the Building Inspector. Such decisions shall be binding upon the Building Inspector and observed by him and he shall be required to incorporate the terms and conditions of the same in the Zoning Certificate to the applicant or appellant whenever a Certificate is authorized by the Board. The Board shall specify the terms of relief granted (if any) in 1 statement and their findings of fact in another statement. The findings of fact shall clearly indicate the Board's reasons for granting or denying any requested variance.

(Ord. 2831, passed 3-4-1999)

Under no circumstances shall the Board of Appeals grant a variance to allow any use that is specifically or by implication (see § 150.041) prohibited in the district involved. A "use variance" constitutes an amendment to this chapter, and may be obtained only in the manner set forth at § 150.167. Any previously approved "use variance" shall become void upon discontinuance of the use.

(Ord. 2831, passed 3-4-1999)

(A)

Failure to comply with any provision of this chapter shall constitute a misdemeanor, and each day that such violation continues shall be considered a separate offense.

(B)

Any person who is convicted of a violation of this chapter may be fined up to $500.

(C)

Nothing contained in this section shall prevent this municipality from taking any other lawful action that may be necessary to secure compliance with this chapter.

(Ord. 2831, passed 3-4-1999)