The purpose of this subchapter is to define regulations and standards that apply to the area, bulk and use of specific land uses. These regulations apply in all zoning districts.

(Ord. 887, § 4.1, passed - -)

   Each principal building shall be located at least 25 feet from all property lines or shall meet the zoning district yard and setback requirements, whichever is greater.

(Ord. 887, § 4.2, passed - -)  Penalty, see § 155.999

   In any district where drive-in theaters are permitted, the establishment of such theaters shall be subject to the following requirements:

   (A)   Projection screens and parking areas shall not be closer than 150 feet from any street centerline and not closer than 200 feet from any Residential District boundary.

   (B)   The projection surface of motion picture screens shall not be visible from any major traffic street.

   (C)   Loudspeakers shall be limited to the individual type which are designed to be heard by the occupants of one car only.

   (D)   Entrances and exits shall connect only to major arterial or collector streets and shall be designed so as not to unduly interfere with or unnecessarily impede traffic flow.

   (E)   Fences and/or appropriate plant screening as approved by the Administrative Official shall enclose the drive-in theater.

   (F)   All aisles and parking areas shall utilize at a minimum a dust pallative of the A-2 surface variety, or its equivalent.

(Ord. 887, § 4.3, passed - -)  Penalty, see § 155.999

   Fences, walls or hedges used for any purpose shall in all districts conform to the following:

   (A)   For the purpose of minimizing traffic hazards at street intersections by improving visibility for converging vehicles:

      (1)   Visual obstructions higher than two feet above the adjacent top of the curb or street elevation, whichever is higher, shall not be permitted to be planted, placed, maintained, or erected;

      (2)   Fencing shall permit direct vision through at least 90% of any one square foot segment of vertical surface area.

   (B)   No barbed wire or other such sharp pointed fence below six feet in height and no electrically charged fence shall be erected or maintained except in agricultural districts.

   (C)   No permanent fence, retaining wall, or obstruction shall be constructed or erected within any public street or alley right-of-way unless authorized by the Administrative Official. Fences erected on public easement or across ditches shall be so constructed that drainage shall not be obstructed and in the event of necessity for removal of such fence for maintenance or other purposes removal and/or replacement of such fence or other improvement shall be the responsibility of the owner of the fence or retaining wall.

(Ord. 887, § 4.4, passed - -; Am. Ord. 1154, passed 9-5-1989)

   In repair garages all repair work, servicing, and storage of parts and equipment concerning vehicles, boats, auto body, radiator and appliance repair and similar uses shall be done completely within an enclosed building or shall be enclosed by a solid fence at least eight feet in height or a planting screen of at least ten feet in depth and eight feet in height, or as approved by the Administrative Official.

(Ord. 887, § 4.5, passed - -)  Penalty, see § 155.999

   In districts where gasoline service stations are permitted the establishment of such uses shall be subject to the following requirements:

   (A)   All gasoline pumps, lubrication or similar devices and other service facilities shall be located at least 25 feet from any street right-of-way line or side or rear lot line.

   (B)   No access drive shall be within 200 feet of a fire station, school, public library, church, park or playground.

   (C)   All devices for dispensing or selling of milk, ice, cold drinks, and the like shall be located within the principal building.

   (D)   Whenever a gasoline service station has been abandoned all underground storage tanks shall either be removed or filled with some acceptable material approved by the Administrative Official. A gasoline service station shall be considered abandoned when the owner, tenant or lessor has not sought to continue the use for a period exceeding 12 months.

   (E)   All waste and trash receptacles shall be in a visually screened enclosed area except for minor receptacles at the gasoline pumps.

(Ord. 887, § 4.6, passed - -)  Penalty, see § 155.999

   Urban home occupations shall be considered special uses and the establishment and continuance of an urban home occupation shall be subject to the following requirements:

   (A)   Such use shall be conducted entirely within a dwelling and carried on by not more than two individuals, one of whom is the principal occupant.

   (B)   Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character thereof.

   (C)   The total area used for such purposes shall not exceed the equivalent of one-fourth the floor area, in square feet, of the first floor of the user’s dwelling unit, if any, otherwise of the main floor of such dwelling unit; but in any instance a maximum of 300 square feet shall be allowed.

   (D)   There shall be no advertising, display or other indications of a home occupation on the premises except as provided in §§ 155.310 through 155.324.

   (E)   There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, provided that incidental retail sales may be made in connection with other permitted home occupations.

   (F)   There shall be no exterior storage on the premises of material used in the home occupation nor of any highly explosive or combustible material.

   (G)   There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

   (H)   A home occupation, including studies or rooms for instruction, shall provide an additional off- street parking area adequate to accommodate needs created by the home occupation of not less than two parking spaces plus the parking spaces required for the dwelling unit. Such parking shall be provided on the same lot as the home occupation.

   (I)   For the purposes of this section, provided all requirements contained herein are met, the following shall be considered home occupations:

      (1)   Professional and service offices;

      (2)   Art and photo studio;

      (3)   Dressmaking or millinery;

      (4)   Teaching, with musical instruction limited to two pupils at a time;

      (5)   The keeping of not more than three roomers or boarders;

      (6)   Beauty and barber shops.

   (J)   A home occupation shall not include the following: clinic, hospital, mortuary, funeral home, nursing home, tea room, tourist home, antique shop, animal hospital, restaurant, veterinarian’s office, or use similar to any of the foregoing excluded uses.

(Ord. 887, § 4.7, passed - -; Am. Ord. 1154, passed 9-5-1989)  Penalty, see § 155.999

   In any district where junk yards are permitted, the establishment and/or maintenance of such uses shall be subject to the following requirements:

   (A)   All storage of parts and equipment and the dismantling of vehicles shall be done within a completely enclosed building or within an area enclosed by a solid fence not less than ten feet in height, or a planting screen 20 feet in depth and expected to attain a height of at least 20 feet.

   (B)   Any junk yard shall be located not less than 500 feet from any residential district boundary.

(Ord. 887, § 4.8, passed - -)  Penalty, see § 155.999

   Any light used for the illumination of signs, parking areas, swimming pools, or for any other purpose shall be arranged in such a manner as to direct the light away from neighboring residential properties and away from the vision of passing motorists.

(Ord. 887, § 4.9, passed - -)  Penalty, see § 155.999

   A mobile home may be parked for inspection and sale on any automobile or trailer sales lot but mobile homes shall not be parked for inspection and sales to the general public within any mobile home park.

(Ord. 887, § 4.10, passed - -)  Penalty, see § 155.999

   In any district where tree and plant nurseries and greenhouses are permitted the establishment of such uses shall be subject to the following requirements:

   (A)   No fertilizer, compost, manure or other odor or dust producing substance shall be stored within 50 feet of any property line.

   (B)   Greenhouse heating plants shall be in an enclosed building and shall not be less than 50 feet from any property line.

(Ord. 887, § 4.11, passed - -)  Penalty, see § 155.999

   In any zone district where publicly owned office or governmental buildings, other than the municipality’s, are permitted 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 live planting screen and fenced as approved by the Administrative Official. Such storage areas, maintenance yards or storage warehouses shall be located at least 15 feet from any property line.

(Ord. 887, § 4.12, passed - -)  Penalty, see § 155.999

    Electrical substations, gas regulator stations, telephone exchange facilities, sewage treatment plants, water storage facilities or similar facilities in any residential zone district shall meet all following requirements and in other zone districts shall meet all requirements except (A), (E) and may be required to meet (G). A special use permit shall be required.

   (A)   No public office, or principal repair or storage facilities shall be maintained in connection with such substations or exchanges.

   (B)   The building housing any such facility shall be designed and constructed to conform to the general character of the neighborhood.

   (C)   The area on which the facility is located shall be landscaped and a landscaping plan shall be submitted.

   (D)   Where all facilities and equipment are entirely within a completely enclosed building, the minimum lot shall be as follows: lot width shall not be less than the total width of the building plus the total of the minimum required side yards; lot depth shall not be less than the depth of the building plus the minimum required front yard plus the five foot minimum rear yard.

   (E)   Where facilities or equipment are located outside the completely enclosed building, no such facilities or equipment shall be located closer than 15 feet to any side or rear lot line.

   (F)   If transformers are exposed, there shall be provided an enclosing fence or wall at least six feet in height.

   (G)   All parcels or lots on which substations, exchanges, equipment or transformers are located shall meet the following minimum landscaping standards: a planting screen of at least ten feet in depth and expected to reach a height of at least ten feet shall be provided and maintained.

(Ord. 887, § 4.13, passed - -)  Penalty, see § 155.999

   In any district where private and/or parochial schools are permitted, the following additional requirements shall be met:

   (A)   The site shall have a minimum of three acres and one additional acre for each 150 pupils in excess of 200.

   (B)   Each principal building shall be located at least 25 feet from all property lines.

(Ord. 887, § 4.14, passed - -)  Penalty, see § 155.999

   A public or private swimming pool in any zone district shall not be located in any required front yard, nor less than ten feet to a side lot line adjacent to a street. All swimming pools, spas, hot tubs, or other enclosures which contain 18 inches or more of water in depth at any point, shall have an adequate enclosure either surrounding the property or pool area, sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, shall not be less than four feet above the underlying ground. All gates shall be self-latching with latches placed four feet above the underlying ground and otherwise made inaccessible from the outside to small children.

(Ord. 887, § 4.15, passed - -; Am. Ord. 1154, passed 9-5-1989)  Penalty, see § 155.999

   The parking of not more than one unoccupied camping trailer, utility trailer or recreational vehicle in the side or rear yard or in a completely enclosed garage only is hereby permitted, provided that no living quarters or businesses shall be maintained in any such camp trailer and/or utility trailer, and provided further that the parking of camp trailer and/or utility trailer shall comply with the yard requirements for accessory buildings of the zone district in which it is located.

(Ord. 887, § 4.16, passed - -)  Penalty, see § 155.999

   (A)   All mobile homes shall be located in and only in mobile home parks. A mobile home park shall be located only in a permitted zoning district and shall require a special use permit.

   (B)   The following conditions of use shall apply:

      (1)   A mobile home park shall be located on a tract of land not less than ten acres in area, with minimum width and depth dimensions of 400 feet.

      (2)   Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located on a mobile home space in a mobile home park and connected to the pertinent utilities, provided that any mobile home in a mobile home park shall not be sold with the lot upon which the mobile home is placed unless the lot is at least 5,000 square feet minimum, or the zoning lot is a part of a planned unit development with common lands, and that the rights to the enjoyment of common lands is transferred to the person purchasing the lot.

      (3)   All mobile home parks shall be provided with a planting screen of at least 20 feet in depth and height along the property boundary line separating the development and any adjacent zoning district or as approved by the Administrative Official.

      (4)   Streets and other access ways within mobile home parks shall be private streets and access ways, except in unusual circumstances. All mobile home parks shall have safe and convenient access to public streets. Such access way or street shall meet the construction and design standards of the subdivision regulations, or as approved by the City Engineer.

      (5)   No parking shall be permitted on the entrance street of the mobile home park for a distance of 100 feet from its point of beginning.

      (6)   Each mobile home space in a mobile home park shall be located within 200 feet of a drive or access way of not less than 20 feet in width which provides access to entrance and exit streets. All streets, drives and access ways shall be bounded by curbs and gutters.

      (7)   All mobile home parks shall be provided with safe, convenient, all-season pedestrian access. Sidewalks shall meet the requirements of the municipality.

      (8)   (a)   All mobile homes shall meet the tie-down anchorage requirements of the following table (see also Appendix D).

 

 

         (b)   Tie-down components used, including anchor systems, must be able to withstand at least 4,800 pounds without failure. The holding power of ground anchors can be determined by conducting pullout tests or by consulting with an anchor dealer. An anchor dealer should be able to provide data on anchor holding power for various kinds of soils.

(Ord. 887, § 4.17, passed - -; Am. Ord. 969, passed 11-25-1980)  Penalty, see § 155.999

   (A)   Required parking spaces shall not be reduced.

   (B)   Front building setback requirements shall be met.

   (C)   Buildings may not be closer than 15 feet to any side or rear lot line bordering the development.

   (D)   Height limitations for structures may be modified by the Plan Commission but if any residential structure exceeds 30 feet it shall be set back from all property lines at least one additional foot for each foot of building height above 30 feet.

(Ord. 887, § 4.20, passed - -)  Penalty, see § 155.999

   A developer may include land designated for dedication for public school or public park use, which land may be considered part of the gross acreage of the development in computing the maximum number of lots that may be created or dwelling units that may be authorized provided that:

   (A)   When parks and schools are to be combined, dedications should be based on the following:

 

 

   (B)   If not combined, no tract of less than five acres should be dedicated for public school use, or five acres for public park use; however, a tract of land, less than this minimum, may be accepted for dedication for public school or public park use, if it is an addition to an existing or proposed park or school site respectively, or is recommended for approval by the Administrative Officer;

   (C)   The proposed site is dedicated to public school or public park use in a manner approved by the Municipal Attorney as to legal form prior to recording of the subdivision plat;

   (D)   The School District accepts the proposed public school dedication and furnishes notification in writing to the Zoning Board of Appeals prior to the recording of the subdivision plat;

   (E)   Prior to the recording of the subdivision plat, a written agreement between the petitioner and the School District shall be submitted to the Zoning Board of Appeals for review and approval, which agreement shall indicate who is responsible for the installation of required improvements and indicate when the improvements will be installed;

   (F)   The Administrative Official recommends the proposed public park dedication, in writing, to the Zoning Board of Appeals, prior to the recording of the subdivision plat;

   (G)   The subdivision plat for record identifies the boundaries of the dedicated tract(s) within the P.U.D.;

   (H)   The deed of dedication for public park or public school use shall provide that in the event the property shall no longer be used for the purpose it will revert to the trustees of the subdivision in which it is located as common land. The trust indenture required shall provide for the manner in which the common land shall be controlled and maintained.

(Ord. 887, § 4.21, passed - -)  Penalty, see § 155.999

   (A)   Common land, all developments. Common land is that land within a planned unit development that is held in common ownership by all of the property owners. It is obtained by allowing the developer to reduce lot sizes producing land contiguous to the development which creates larger recreational areas for the property owners of the development than could be obtained otherwise. This common land shall be located so that it is reasonably accessible to all the lots contributing to its area. Structures may be permitted on common land only if for common use and if included in the trust indenture regulating and controlling the common land.

   (B)   Conveyance of common areas. All open space, tree cover, recreational area, scenic vista, or other authorized land use, the acreage of which is utilized to determine the common land as herein provided, shall be conveyed by the developer in fee simple absolute title by a warranty deed to trustees approved by the majority of property owners. The trustees shall make provision by trust indenture for the sole benefit, use, and enjoyment of the lot owners, present and future, of each planned unit development authorized under the planned unit development procedure, for a period of at least 20 years, or for the duration of the development, whichever period of time is least. Thereafter, fee simple absolute title shall vest in the then owners as tenants in common. The rights of the tenants in common shall only be exercisable appurtenant to and in conjunction with their lot ownership. Any conveyance or change of ownership of any lot shall convey with it ownership in the common property. No lot owner has the right to convey his or her interest in the common property, except as an incident of the ownership of a regularly platted lot. The sale of any lot shall carry with it all the incidents of ownership of the common property, although such is not expressly mentioned in the deed; provided, however, that no right or power conferred upon the trustees shall be abrogated. Warranty deeds and trust indentures complying with the aforementioned provisions shall have attached thereto a written legal opinion prepared and signed by an attorney licensed to practice law in the State of Illinois, setting forth the attorney’s legal opinion as to the legal form and effect of the deeds and trust indentures. The deeds and indentures shall be approved by the Zoning Board of Appeals, approved by the Municipal Attorney as to legal form, and filed with the Recorder of Deeds of Madison or St. Clair County, simultaneously with the recording of the final subdivision plat.

(Ord. 887, §§ 4.30, 4.31, passed - -)  Penalty, see § 155.999