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Malta City Zoning Code

ARTICLE VI

SUPPLEMENTARY REGULATIONS FOR CERTAIN SPECIAL USES

Sec. 70-461.- Applicability of article provisions.

This article establishes lot and structure requirements, design standards, and use limitations for special, potentially troublesome structures and uses. The regulations of this article 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. No. 95-4, § 4-1, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-462. - Greenhouses and nurseries.

(a)

No fertilizer, compost, manure, or other odor-producing or dust-producing substance shall be stored closer than 100 feet to any lot line.

(b)

Greenhouse heating plants shall be situated in an enclosed structure, and shall not be closer than 50 feet to any lot line.

(Ord. No. 95-4, § 4-3, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-463. - Home occupations.

A home occupation means any business, profession, or occupation conducted for gain entirely within a dwelling or one residential premises in conformity with the provisions of this chapter. Within this village every home occupation shall be considered a special use. No home occupation shall be established or conducted except in conformity with the following regulations:

(1)

Unrelated employees. A home occupation shall employ not more than one individual who is unrelated to the family residing on the premises.

(2)

Floor space. The total area used for a home occupation shall not exceed 25 percent of the gross floor area of the dwelling, or 300 square feet, whichever is less.

(3)

Dwelling alterations. In any residential district, a principal residential building shall not be altered (to accommodate a home occupation) in such a way as to materially change the residential character of the building.

(4)

Outdoor storage. Outdoor (unenclosed) storage on the premises of equipment or materials used in connection with a home occupation is prohibited.

(5)

Nuisances. A home occupation shall not generate any offensive noise, vibration, smoke, dust, odors, heat, glare, or electrical interference noticeable at or beyond the lot lines.

(6)

Parking. For parking regulations, see article IX of this chapter.

(7)

Signs. For sign regulations, see article IX of this chapter.

(8)

Unattached accessory structure. A home occupation shall not be conducted in an unattached accessory structure.

(Ord. No. 95-4, § 4-4, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Cross reference— Businesses, ch. 22.

Sec. 70-464. - Hospitals and nursing homes.

(a)

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

(c)

The principal building of any hospital, sanitarium, or nursing home shall be located at least 25 feet from all lot lines.

(Ord. No. 95-4, § 4-5, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-465. - Junkyards.

(a)

No part of any junkyard, which includes any lot on which three or more inoperable vehicles are stored, shall be located closer than 500 feet to the boundary of any residential district.

(b)

All vehicles, parts, and equipment shall be stored within a completely enclosed structure or within an area screened by a solid wall or solid fence at least ten feet high.

(Ord. No. 95-4, § 4-6, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-466. - Kennels.

(a)

The lot on which any kennel is situated shall have a minimum area of three 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. No. 95-4, § 4-7, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-467. - Recreational vehicles.

The regulations of this section do not apply to travel trailers or other recreational vehicles parked in a permitted travel trailer park. The requirements of subsections (1), (3), and (4) of this section do not apply to travel trailers or other recreational vehicles parked on a permitted recreational vehicles sales lot.

(1)

Not more than two travel trailers or other recreational vehicles shall be parked on any lot.

(2)

No travel trailer or other recreational vehicle shall be used as a dwelling.

(3)

No travel trailer or other recreational vehicle shall be used as an office or for any other commercial purpose.

(4)

No travel trailer or other recreational vehicle shall be parked on any front yard, except on a driveway.

(Ord. No. 95-4, § 4-8, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Cross reference— Traffic and vehicles, ch. 62.

Sec. 70-468. - Sanitary landfills.

Any person who intends to establish or conduct a sanitary landfill within this village shall obtain a permit from the state Environmental Protection Agency indicating that the sanitary landfill fully complies with the "Solid Waste Rules and Regulations," promulgated by the state EPA pursuant to the authority granted by state law (415 ILCS 5/22).

(Ord. No. 95-4, § 4-9, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-469. - Schools.

(a)

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

Type of School Minimum Lot Area
Nursery 20,000 square feet, plus at least 100 square feet of fenced outdoor play area per child
Other (elementary, junior high, senior high) As required by state law (105 ILCS 5/35-8), generally four acres plus one additional acre for every 150 students in excess of 200

 

(b)

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

(Ord. No. 95-4, § 4-10, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-470. - Service stations.

(a)

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

(b)

Every accessway shall be located at least 200 feet from the principal building of any fire station, school, public library, church, park, or playground, and at least 30 feet from any intersection of public streets.

(c)

Every device for dispensing or selling milk, ice, soft drinks, snacks, and similar products shall be located within or adjacent to the principal building.

(d)

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

(e)

Whenever the use of a service station has been discontinued for 12 consecutive months, or for 18 months during a three-year period, the administrator shall order that all underground storage tanks be removed by the present owner pursuant to the regulations (state and/or federal) in effect at the time.

(f)

Service stations must be in compliance with all state and federal Environmental Protection Agency regulations.

(Ord. No. 95-4, § 4-11, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Sec. 70-471. - Utility substations.

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:

(1)

Every lot on which any such facility is situated shall meet the minimum area and dimensions 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.

(2)

In any residential district, every such facility shall be designed, constructed, and operated so that it is compatible with the residential character of the area.

(3)

If the administrator determines that the facility poses a safety hazard (for example, if there are exposed transformers), he shall require that a secure fence at least eight feet in height be installed.

(Ord. No. 95-4, § 4-13, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Cross reference— Utilities, ch. 66.

Sec. 70-472. - Uses of required parking spaces.

(a)

Nonresidential uses. Required accessory off-street parking facilities provided for the uses listed in this chapter shall be solely for the parking of motor vehicles, in operating condition, used by patrons, occupants or employees of such uses and shall not be used for the storage of vehicles, boats, motor homes, campers, mobile homes, or materials or for the parking of trucks used in conducting the business or use.

(b)

Residential uses. Required off-street parking spaces serving residential uses and in a residential district including the driveway thereof, shall be used only for the parking of passenger automobiles and trucks with a weight rating not to exceed 16,000 lbs. (Class F license plate) and recreational vehicles.

(c)

Truck parking permit. A truck parking permit may be granted by the village board of trustees under the following conditions. Each case is to be considered separately:

(1)

Application. Every applicant for a truck parking permit shall submit to the zoning administrator, in narrative and/or graphic form, the items of information enumerated in this subsection (c)(1). The administrator shall prepare an advisory report to the village board. The required items of information are as follows:

a.

The name and address of the applicant;

b.

The name and address of the truck owner or operator if they are different than subsection (c)(1)a. of this section;

c.

A description of the vehicle involved (height, width, length, axles, etc.);

d.

The proposed location of parking and its relationship to adjacent structures and lot line;

e.

The times of operation of the vehicle (warm-up, departure, return, etc.);

f.

The name and address of all residential property owners of record within two blocks of the property on which the vehicle will be parked; and

g.

Any other pertinent information the applicant desires to be considered or that the zoning administrator may require.

(2)

Public hearing notice. The village board shall hold public hearings on the original permit application within a reasonable time after such application is submitted to them. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed special use shall be given not more than 30 nor less than 15 days before the hearing:

a.

By first class mail to the applicant and to all parties whose property would be directly affected by the proposed special use; and

b.

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

(3)

Disposition. If the application is approved by the village board of trustees, a permit card shall be issued by the village clerk and must be placed in the vehicle in a prominent location so as to be easily visible. The truck parking permit shall expire one year from the date of its issuance, renewable by a vote of the board of trustees and established by the village board.

(Ord. No. 95-4, § 4-14, 4-12-1995; Ord. No. 2005-03, § 4, 6-8-2005; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)