Maroa City Zoning Code
ARTICLE III
General Provisions
§ 290-3.1 Interpretation of regulations.
A.
The provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.
B.
Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule or regulation, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
C.
This chapter is not intended to supersede any easement, covenant or other private agreement, provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this chapter shall govern.
D.
No building, structure or use which is not lawfully existing at the time of the adoption of this chapter shall become or be made lawful solely by reason of the adoption of this chapter; and to the extent and manner said unlawful building, structure or use is in conflict with the requirements of this chapter, said building, structure or use remains unlawful.
§ 290-3.2 Scope of regulations.
A.
No building or other structure shall be erected, altered or enlarged and no use of land shall be established or enlarged for any use except a use that is named in the list of permitted uses for the zoning district in which the building, structure or land is or will be located. There shall be two exceptions to this requirement:
§ 290-3.3 Allowable use of land or buildings.
§ 290-3.4 Prohibited use of land or buildings.
No building or tract of land shall be devoted to any use other than the one which is specified as a permitted, special or accessory use in Article V in the zoning district in which such building or land is located. However, where a building permit for the building or structure has been issued in accordance with applicable laws prior to the effective date of this chapter and where construction has begun within six months of such effective date and been diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued; and, further, may upon completion be occupied by the use originally designated, subject to the provisions of this chapter.
§ 290-3.5 Special uses.
In each zoning district, certain listed uses may be permitted only if a special use permit is secured in accordance with the provisions and procedures of Article X. The special uses which may be allowed in each zoning district are set out in Article V, District Regulations. No listed special use shall be considered an accessory use to any other permitted or special use, and a permit shall be required for each separate special use.
§ 290-3.6 Agriculture as permitted use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Farming shall be permitted in any zoning district, although the raising or keeping of livestock shall not be permitted in Residential Districts R-1, R-2 and R-3. Dwelling units which are accessory to the farming uses shall also be permitted; provided, however, that the occupants of the dwellings are engaged in agricultural activities on the premises as their principal means of livelihood or are for the immediate family (such as parents, children, grandchildren) of the owners of the farm when such owner's principal residence is on the farm; provided, however, that the original farm residence can be rented to non-farm workers if the owners have moved from the property.[1]
§ 290-3.7 Temporary buildings, structures and uses of land.
A.
The City Council may authorize the temporary use of a building, structure or parcel of land in any zoning district for a building, structure or use of land that does not conform to regulations prescribed elsewhere in this chapter for the zoning district in which it is located; provided, however, that such use is of a temporary nature.
B.
Such uses shall be granted for a specified period of time and shall be subject to such conditions as the City Council determines to be necessary for the safeguarding of the public health, safety and general welfare.
§ 290-3.8 Control over use.
No building or premises shall hereafter be used or occupied and no building or structure, or part thereof, shall be erected, raised, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations herein specified for the district in which it is located; except that in residence districts, a lot in a subdivision of record at the time of adoption of this chapter, even though such lot does not meet the requirements of this chapter as to area and width, may be used for single-family residence purposes, provided the use conforms with all other regulations of the district in which it is located.
§ 290-3.9 Lot size requirements.
Unless otherwise granted under the terms of an annexation agreement, special use permit or variance, no building or other structure shall be erected, altered or enlarged, nor shall any use of land be established or enlarged on a lot or tract of land that is:
§ 290-3.10 Building limitations.
Unless otherwise granted under the terms of a variance or a special use permit, the following limitation(s) shall apply:
A.
No building or other structure shall be erected, altered or enlarged so as to exceed the maximum lot coverage percentage, floor area ratio, minimum setbacks and minimum side and rear yards or the maximum building height for the district in which the building or structure is located.
§ 290-3.11 Building height.
A.
Height limitations shall be as set forth under each zoning district for all buildings, structures and uses of land.
B.
Chimneys, ornamental towers, scenery lofts, monuments, cupolas, domes, spires, steeples, parapet walls, water towers and similar structures and necessary mechanical appurtenances may be erected to their customary height, regardless of the height limitations of the zoning district in which they are located.
§ 290-3.12 Yards.
A.
General. No lot shall be reduced in area so that the yards or other open spaces become less than those required by this chapter.
B.
Front yard. On streets where a front yard setback has been maintained for buildings existing on lots or tracts having a frontage of 30% or more of the total frontage on one side of that portion of any street lying between two intersecting streets or from an intersecting street and a corporate limits line, the following shall apply:
(1)
No new building shall project beyond a straight line drawn between the point closest to the street line of the residence upon either side of the proposed structure. If there are residences upon only one side, then no new building shall project beyond the straight line projected from the front of the two nearest residences. This regulation shall not, however, be interpreted to require a front yard of more than 50 feet, nor to permit a front yard of less depth than that of the nearest building.
(2)
Where the street is curved, the line shall follow the curve of the street rather than be a straight line.
C.
Double-frontage lots. Double-frontage lots shall not be allowed, except where lots back up to a major roadway. In such instances, vehicular access between the lots and the primary thoroughfare shall be prohibited.
D.
Corner lots. A corner lot shall be deemed to have two front yards. The classification of the remaining two yards shall be determined by the type of yard abutting the yard in question:
§ 290-3.13 Permitted obstructions in yards.
For the purpose of this chapter, the following, in addition to permitted accessory structures, shall be considered permitted obstructions in the required yards:
A.
All yards:
(1)
Awnings and canopies.
(2)
Steps, four feet or less above grade, which are necessary for access to a permitted building or for access to a zoning lot from a street or alley.
(3)
Chimneys that project 24 inches or less into the yard.
(4)
Approved freestanding signs.
(5)
Arbors and trellises.
(6)
Flagpoles.
(7)
Window unit air conditioners which project not more than 18 inches into the required yard.
(8)
Fences or walls, subject to applicable height and other code restrictions.
B.
Front and corner side yards:
(1)
Open terraces, patios or decks not over three feet above the average level of the adjoining ground, provided they do not extend more than five feet into the minimum yard.
(2)
One-story bay windows which project three feet or less into the yard.
(3)
Overhanging eaves and gutters which project three feet or less into the yard.
C.
Rear yards:
(1)
Balconies.
(2)
Open terraces or decks, provided they are not over three feet above the average level of the adjoining ground and do not extend more than 15 feet into the minimum yard.
(3)
Recreational and laundry drying equipment.
(4)
Ground-supported air conditioning units which extend not more than five feet into the required yard.
(5)
One-story bay windows which project three feet or less into the yard.
(6)
Overhanging eaves and gutters which project three feet or less into the yard.
§ 290-3.14 Number of buildings on lot.
Except as approved as a variance or as a part of a planned development, no more than one principal building shall be located on a zoning lot.
§ 290-3.15 Off-street parking and loading.
Unless otherwise granted under the terms of a special use permit, no building or other structure shall be erected, altered or enlarged, nor shall any use of land be established or enlarged, unless the minimum off-street parking and loading spaces required by Article VII, Off-Street Parking and Loading, are provided.
§ 290-3.16 Home occupations.
A.
General. The standards for home occupations are intended to ensure compatibility with other permitted uses and the residential character of the neighborhood and to maintain the subordinate and incidental status of the home occupation. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence except for a sign.
B.
Performance requirements. A home occupation or profession, where permitted in a zoning district, shall meet the following performance requirements in addition to those standards applicable to the district in which it is located:
(1)
Not more than one person other than members of the immediate family occupying such dwelling shall be employed on the premises.
(2)
No alteration of the principal building shall be made which changes the residential appearance of the dwelling.
(3)
No more than 25% of the floor area of the residential dwelling unit shall be devoted to any home occupation.
(4)
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 Article VII of this chapter and shall not be located in a required front yard.
(6)
No equipment or material used shall constitute a hazard, create a nuisance or interfere with the reception of broadcast signals.
(7)
The home occupation shall be conducted entirely within the principal building that is used as the residential dwelling or an accessory building (such as a garage).
(8)
All material, equipment, merchandise or work in process shall be wholly enclosed within the dwelling or an accessory building.
C.
Permitted home occupations:
(1)
Day-care homes licensed by the State of Illinois.
(2)
Dressmakers, seamstresses or tailors.
(3)
Music or dancing teachers, provided that the instruction shall be limited to one pupil at a time, except for occasional groups.
(4)
Artists, sculptors or authors.
(5)
Beauty/Barber shops.
(6)
Offices for ministers, rabbis, priests or members of religious orders.
(7)
Offices for salespersons, sales representatives or manufacturers' representatives; provided that no retail transactions shall be made on the premises except through telephone, facsimile or mail communication and no wholesale transactions shall include the acceptance or delivery of merchandise on the premises.
D.
Prohibited home occupations:
(1)
Animal hospitals.
(2)
Clinics or hospitals.
(3)
Commercial boarding stables or kennels.
(4)
Dancing schools, except where permitted above.
(5)
Mortuaries.
(6)
Nursery schools.
(7)
Private clubs.
(8)
Renting of trailers.
(9)
Repair shops or service establishments, except the repair of small electrical appliances and other similar items.
(10)
Restaurants.
§ 290-3.17 Fences.
Fences are permitted accessory use in all yards, subject to the following:
A.
No fence in excess of three feet in height shall be permitted in any required front yard.
B.
No fence in a residential district shall exceed six feet six inches in height.
C.
Fences along a rear lot line, when adjacent to a major roadway or collector street, shall be dark vinyl-clad chain-link fencing not to exceed four feet in height.
D.
Where there are exposed structural elements on a fence adjacent to a residentially zoned property, the supports shall be exposed on the side of the fence of the property on which it is located.
E.
No barbed-wire fence will be permitted in the residential areas except by permission of the City Council.
F.
All new fences are required to have an access gate with a minimum thirty-inch opening.
§ 290-3.18 Private swimming pools.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No private swimming pool shall be allowed in any commercial or residential district, except as an accessory use and unless it complies with all other applicable City regulations. Private swimming pools shall not be located in a required front yard.
A.
Every person owning land within the City of Maroa who constructs a below-ground swimming pool or who constructs such a swimming pool after the effective date of this chapter, either of which contains 24 inches or more of water in depth at any point, shall erect and maintain thereon 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 be no less than four feet above the underlying ground. All gates shall be self-closing and self-latching, with latches placed four feet above the underlying ground, and otherwise made inaccessible from the outside to small children.
B.
A natural barrier, hedge, pool cover or other protective device approved by the City Zoning Administrator shall be an acceptable enclosure so long as the degree of protection afforded by the substituted devices or structures is not less than the protection afforded by the enclosure, gate and latch described herein. The substitution with such a natural barrier, hedge, pool cover or other protective device shall be considered a variance from the provisions of Subsection A hereof and written request for such variance shall be submitted to the City Clerk.
C.
No swimming pool as herein defined shall be constructed in the City of Maroa without first having obtained a construction permit therefor on a form provided by the City Clerk.
§ 290-3.19 Access to streets.
Each zoning lot shall have direct access to a public or private street or roadway in accordance with the following regulations:
A.
General.
(1)
The access control standards contained in this section are intended to promote safe and efficient operation of driveway approaches and to minimize vehicular delays and accidents. The Planning and Design Guidelines of the Comprehensive Plan shall apply.
(2)
Each required off-street parking space shall open directly upon an all-weather, hard-surfaced aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. Such driveway and driveway approach must be maintained as an all-weather, hard-surfaced material.
B.
Maximum number of driveway approaches.
(1)
With the exceptions listed below, one driveway approach is permitted per zoning lot. If a use is listed as a special use in a district, the additional driveway approaches may be considered during the review of the special use permit, provided documentation of a traffic study is supplied. Otherwise, requests for additional driveway approaches shall be considered as variations.
(2)
The following exception(s) may have additional driveway approaches: Attached single-family dwellings may have one driveway approach per dwelling unit (such as multiplex dwellings).
C.
Corner clearance.
(1)
The minimum separation of a driveway approach from an adjacent intersecting street shall be 40 feet from the center line of the driveway approach to the nearest right-of-way line of the intersecting street.
(2)
The minimum separation of a driveway from an intersection of a major street with a collector shall be the greater of: a) 200 feet on the major street and 150 feet on the collector, unless a shorter distance has specifically been authorized by IDOT along old U.S. Rte. 51 (Wood Street) or the length of a full left-turn storage and taper, whichever is greater.
D.
Property line clearance. Driveway approaches shall be located so that the required curb-return lies entirely within the property lines (extended) of the zoning lot served by the driveway approach unless the driveway is being shared with the adjacent zoning lot.
E.
Vision clearance; corner lots. No obstruction to the vision of persons using streets, sidewalks or driveways and no building or structure hereafter erected, other than fences meeting the requirements of this chapter, shall be located in any of the following areas:
(1)
In any residence district, within a triangular area formed by the street property lines and a line connecting points on the street property lines located 35 feet from the street property line intersections.
(2)
In any business district, within 10 feet of the intersecting right-of-way lines bordering a corner lot.
§ 290-3.20 Accessory buildings and structures.
Accessory buildings or structures, except as otherwise permitted in this chapter, shall be subject to the following regulations:
A.
Where the accessory building has a common wall or common roof with the main building, it shall be subject to and must conform to all regulations of this chapter applicable to the main building.
B.
Accessory buildings and structures shall not be erected in any side yard nor in any front yard.
C.
An accessory building shall not occupy more than 25% of a required rear yard.
D.
No detached accessory building shall be located closer than 10 feet to any main building, and detached accessory buildings shall otherwise conform to setback restrictions in the particular zoning district.
E.
Height of accessory buildings.
(1)
Detached accessory buildings and structures in residential districts.
(2)
Detached accessory buildings and structures in nonresidential districts. Detached accessory buildings or structures in all nonresidential districts may be constructed to equal the permitted maximum building height in said districts, subject to Board of Zoning Appeals review and approval, if the building or structure exceeds one story or 15 feet in height.
F.
When an accessory building is located on a corner lot, the lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building should not project beyond the front yard setback required on the lot to the rear of such corner lot.
G.
When an accessory building in excess of 200 square feet in any residence, business or commercial district is intended for other than the storage of private motor vehicles, the accessory use shall be subject to the approval of the Zoning Board of Appeals.
H.
Use of any accessory building or structure as a dwelling is strictly prohibited throughout the City.
§ 290-3.21 Garage sales.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Garage sales are permitted on residentially zoned or residentially occupied property in compliance with the provisions of Chapter 141, Garage Sales, of the City Code.