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Lyons City Zoning Code

CHAPTER 4

GENERAL ZONING PROVISIONS

13-4-1: MINIMUM DISTRICT REGULATIONS:

   A.   The regulations for each district set forth in this title shall be minimum regulations for the promotion of the public health, safety, morals, comfort, convenience, prosperity and general welfare.
   B.   No portion of any zoning lot, whether improved or unimproved, shall be sold, granted or otherwise divided if such division will cause the lot width, lot frontage, lot area, setbacks, maximum lot coverage, floor area ratio or required open space of any of the resulting parcels to be less than the minimum requirements set forth in this title for the particular zoning district in which the property is located. (1965 Code title 6 § 301.0)

13-4-2: CONTIGUOUS SUBSTANDARD LOTS:

Where two (2) or more contiguous substandard lots of record or parts of lots of record are in common ownership and are of such size as to constitute at least one conforming "zoning lot", such lots of record or portions thereof shall be joined, developed and used jointly for the purpose of forming an effective and conforming zoning lot(s). Such contiguous substandard lots of record in common ownership on the effective date hereof shall be considered jointly thereafter as being a single parcel, lot or zoning lot for the purposes of this title. (1965 Code title 6 § 301.0)

13-4-3: RESIDENTIAL LOTS DEFICIENT IN SIZE:

Any residentially zoned lot that was already platted prior to the July 1993 adoption of this title that is deficient in overall lot size or frontage may be constructed upon for residential use, provided all other requirements of this title and the village building code are complied with, including, but not limited to, permitted use, setback and lot coverage. Such construction shall not be permitted unless the subject lot has been allocated its own parcel identification number (PIN) by the proper authority. The above definition notwithstanding, construction shall not be permitted on lots where the frontage is less than forty feet (40') or the deficiency is not significantly uniform with fifty percent (50%) of the block on which the property is located. (1965 Code title 6 § 301.0)

13-4-4: ONE STRUCTURE PER LOT:

Except as may be allowed in planned unit developments, there shall be only one principal structure or building on any platted lot. (1965 Code title 6 § 301.0)

13-4-5: SITE PLAN REVIEW AND APPROVAL:

   A.   Required: Site plan review and approval shall be required for all new principal buildings and developments in the B-1, B-2, M, C-R, P-1 and R-3 (multiple-family) zones. (1965 Code title 6 § 301.0; amd. 2009 Code)
   B.   Criteria: The building director shall establish a general criteria for required site plans, which shall be mandatory for accepting such plans and submitting same for review.
   C.   Hearing: The zoning board of appeals/plan commission shall conduct a public hearing for the review and recommendations pertaining to the site plan in the same manner and notice required for special use hearings 1 . The village board of trustees shall have final administrative site plan approval.
   D.   Recommendations And Approval: The zoning board of appeals/plan commission may recommend and the village board of trustees may require, as part of the site plan approval, such green space and aesthetic requirements on proposed land and building development that is necessary to protect and promote the health, safety and welfare of the community and promote architecture and land design that is harmonious with the concept of openness, conservation and the surrounding neighborhood and compatible with the comprehensive land use plan. (1965 Code title 6 § 301.0)

13-4-6: PERMITTED OBSTRUCTIONS IN YARDS:

   A.   All yards:
      1.   Chimneys, but not greater than two feet (2') into a required setback.
      2.   Bay windows, but not more than two feet (2') into a required setback.
      3.   Eaves, but not more than twenty four inches (24") into a required setback.
      4.   Gutters and downspouts, but not extending more than twelve inches (12") from the edge of the eaves.
      5.   Basketball poles, hoops and backboards. (1965 Code title 6 § 302.1)
   B.   Side yards:
      1.   Stairs from a side door, but not more than three feet (3') into the required setback.
      2.   Canopy over a side door entrance, but not more than three feet (3') into the required setback.
      3.   Garages in interior side yards, provided there is at least a three foot (3') setback from the side lot line and a five foot (5') setback from the alley if there is an alley entrance. (1965 Code title 6 § 302.2)
   C.   Front and corner side yards:
      1.   Open, unenclosed porches and stairs, but not more than eight feet (8') into the required setback.
      2.   Enclosed vestibules not more than four feet (4') into the required setback. (1965 Code title 6 § 302.3)
   D.   Rear yards:
      1.   Swing sets and other similar recreation equipment.
      2.   Decks and patios.
      3.   Swimming pools.
      4.   Storage sheds, but not over eight feet (8') in height.
      5.   Garages, provided there is at least a three foot (3') setback from the rear lot line and a five foot (5') setback from the alley if there is an alley entrance.
      6.   Radio or television poles, towers, or antennas, including satellite dishes. (1965 Code title 6 § 302.4)

13-4-7: PERFORMANCE STANDARDS:

The performance standards found in the I-1 industrial district regulations shall apply to all uses in all districts 1 . (1965 Code title 6 § 301.0)

13-4-8: HOME OCCUPATIONS:

The following regulations shall apply to all home occupations:
   A.   No person other than members of the family residing on the premises shall be engaged in such occupation.
   B.   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
   C.   There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign not exceeding two (2) square feet in area, nonilluminated and mounted flat against the wall of the principal building.
   D.   No home occupation shall be conducted in any accessory building.
   E.   No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off street parking requirements as specified in this title and shall not be located in the required front yard.
   F.   No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. There shall be no storage of hazardous or toxic materials. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises. (1965 Code title 6 § 303.0)