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Mccullom Lake City Zoning Code

ARTICLE III

- DISTRICTS AND DISTRICT BOUNDARIES.

SECTION 5.1. - Establishment of Districts.

In order to carry out the purposes and provisions of this ordinance, the Village of McCullom Lake hereby divided into the following districts. Although all district classifications are not used at this time, they are provided for future use and as an aid to the Plan Commission, or Board of Trustees:

R-1 One-Family
R-2 One Family
R-3 Two Family
R-4 Multiple Family
R-5 Residence
R-6 Residence
B-1 Neighborhood Business
B-2 Central Business
M-1 Restricted Light Manufacturing
M-2 Heavy Manufacturing
F Farming
PUD Planned Unit Development

 

SECTION 5.2. - Zoning Maps, Incorporation of.

The location and boundaries of the districts established by this ordinance are shown upon the zoning maps which are attached to and incorporated into this ordinance. The said zoning maps, together with all notations, references, and other information shown thereon, and all amendments thereto, shall have the same force and effect and be as much a part of this ordinance as if fully set forth and described herein.

SECTION 5.3. - Location of District Boundaries.

5.3-1

Where district boundary lines are indicated as following streets or extensions thereof, such boundary lines shall be construed to be the center lines of said streets or extensions thereof.

5.3-2

Dimensioned district boundary lines shown on the zoning maps are intended usually to (but [do] not always) coincide with the lot lines. Where a dimensioned boundary line coincides approximately but not exactly with a lot line which existed on the effective date of the incorporation of such boundary line into the zoning maps, the said boundary line shall be construed to be the lot line at that location.

5.3-3

In unsubdivided property[,] the district boundary line on the zoning maps shall be determined by use of the scale appearing thereon.

5.3-4

Streets which are shown on the zoning maps and which have heretofore been vacated, or which may hereafter be vacated, shall be in the same district as the lots, pieces, parcels abutting each side of the street involved. If the lots, pieces, or parcels abutting each side of the street were located in different districts before the said street was vacated, the center line of such vacated street shall be the boundary line of the respective districts.

5.3-5

Submerged land heretofore reclaimed, or which may be reclaimed hereafter, and land which may be annexed to the Village of McCullom Lake shall be classified R-1, One-Family Dwelling District until such time as the Board of Trustees designates the permitted use of the land in accordance with the provisions of this ordinance.

5.3-6

An area indicated on the zoning map as a public park, recreation area, public school site, cemetery, or other similar open space, shall not be used for any other purpose than that designated; and when the use of the area is discontinued, it shall automatically be zoned to use most restricted adjoining district until appropriate zoning is authorized by the Village Board of Trustees.

SECTION 6. - Accessory Buildings.

SECTION 6.1 Where an accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this ordinance applicable to the main building.

SECTION 6.2 An accessory building may not be located nearer to any interior lot line than permitted for the main building, when any part of the accessory building, if extended, is on a line with the main building.

SECTION 6.3 Detached accessory buildings situated sixty (60) feet from the front lot line may be located not less than five (5) feet from the side yard lot line, not less than ten (10) feet from the main building on an adjacent lot, and not less than five (5) feet from the rear lot line. Provided, however, in the R-5 and R-6 Residence Districts, detached accessory buildings situated sixty (60) feet or more from the front lot line may be located not less than five (5) feet from the side yard lot line, not less than fifteen (15) feet from the main building on an adjacent lot, and not less than ten (10) feet from the rear lot line.

SECTION 6.4 Accessory buildings located on a reversed corner lot in R-1, R-2, R-3, and R-4 Residential Districts shall not project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than five (5) feet to the side lot line of adjacent lot, nor less than ten (10) feet from a principal building on an adjacent lot, and not less than five (5) feet from the rear lot line of said reversed corner lot.

SECTION 6.5 Accessory buildings located on a reversed corner lot in an R-5 and R-6 Residential District shall not project beyond the front yard required on the adjacent lot to the rear nor be located nearer than ten (10) feet to the side lot line of an adjacent lot nor less than fifteen (15) feet from a main building on an adjacent lot, and not less than ten (10) feet from the rear lot line of said reversed corner lot.

SECTION 6.6 Under no circumstances shall an accessory building be located on any portion of an easement.

SECTION 6.7 An accessory building shall not be erected prior to the establishment or construction of the main building to which it is accessory.

SECTION 6.8 No detached accessory building shall exceed fifteen (15) feet in height.

SECTION 6.9 Only one (1) accessory building shall be allowed on any lot in the Village of McCullom Lake. Any accessory building shall not be greater than twelve (12) feet by twelve (12) feet and not higher than fifteen (15) feet at its peak.

(Ord. No. 310, § 2, 1-25-05)

SECTION 7. - House Trailers.

SECTION 7.1 A house trailer shall not be considered to be permissable as an accessory building, or as a principal building.

SECTION 7.2 No person shall park, store, or occupy a house trailer, for residential purposes or otherwise, except that:

A house trailer may be used as a temporary office or shelter incidental to construction on or development of the premises on which the trailer is located, only during the time construction or development is actively underway.

SECTION 8. - Signs.

SECTION 8.1 Permits Required. No person, firm or corporation shall hereafter erect, construct, relocate, structurally or graphically alter, or maintain any sign, billboard or other advertising device, as defined herein, within the Village of McCullom Lake without having obtained a permit as provided in this ordinance.

SECTION 8.2 The provisions of Section 8.1 shall not apply to the following:

A.

Real Estate "For Sale", "For Rent", and "Sold" signs not exceeding an area of six (6) square feet single face or twelve (12) square feet multiface which advertise the sale or rental of the property upon which said sign is located or indicating the property has been sold. These signs may remain in place during such time as the property is for sale or for rent and may remain for a period not to exceed three weeks after the consummation of the sale or lease of the property.

B.

Professional name plates not exceeding two (2) square feet in area.

C.

Bulletin Board, not over fifteen (15) square feet in area, for public, charitable or religious institutions when the same are located on the premises of said institutions.

D.

Occupational signs denoting only the name and profession of an occupant in a commercial building or public institutional building not exceeding two (2) square feet in area.

E.

Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze, or other non-combustible material.

F.

The Municipality, County, State or Federal Governments are permitted to erect and locate such signs for the purpose of public instruction, street and highway designation, for traffic control and similar uses incidental to the public interest.

G.

For each dwelling unit, one lighted name plate, pole or mounted wall sign, not exceeding one and one-half (1½) square feet, single faced or three (3) square feet double faced, and may indicate only the name and address of the occupant.

H.

Window signs, provided, however, that they shall be subject to the provisions of this chapter relating to the area for such signs.

SECTION 8.3 All signs shall be mounted wholly within the property lines of the premises. Whenever it is impractical to meet this requirement, the owner or lessee, of the premises, whoever applies for the permit to erect a sign overhanging a Village sidewalk or public thoroughfare, shall post a bond for twenty-five thousand ($25,000.00) dollars or in lieu thereof, furnish a certificate of insurance naming the Village of McCullom Lake as additionally insured of not less than ten thousand ($10,000.00) dollars property damage and twenty-five thousand ($25,000.00) dollars public liability, which shall be kept in effect so long as the sign is permitted to remain.

SECTION 8.4 No person, firm or corporation shall install, erect or repair any sign until such person, firm, or corporation has filed with the Building Inspector of the Village a building contractor's bond in the sum of one thousand ($1,000.00) dollars. Such bond shall be approved by the Building Inspector of the Village and shall be a condition precedent to the installation or construction of signs in accordance with this section of the Village Zoning Ordinance. The bond shall provide for the indemnification of the Village for any, and all damages, or liabilities, which may accrue against it by reason of faulty installation, construction, erection, demolition or collapse of any sign for a period of one year after construction and for such time as the sign is maintained, or serviced by the maker of such bond, such bond shall provide for indemnification of any person, firm or corporation who shall, while upon public property, or in any public place, incur damage, which the principal named in the bond is legally liable.

SECTION 8.5 Application for Construction Permit. Application for construction permit under this Article shall be made upon forms provided by the Office of the Building Inspector.

SECTION 8.6 Permit Fees. Every applicant before being granted an original permit hereunder, shall pay permit fees to the Village as established by ordinance enacted by the Board of Trustees of [the] Village of McCullom Lake.

SECTION 8.7 Permit Issued if Application in Order. It shall be the duty of the Building Inspector, after examination of an application for a sign construction permit, to issue said permit if, the application is in good form and complies with all requirements as set forth in this Ordinance and other Village ordinances. If the work authorized under said permit has not been completed within one year after date of issuance, the said permit shall be null and void.

SECTION 8.8 Permitted Signs. Signs shall be classified and permitted in accordance with the regulations set forth in this Ordinance, and only those signs specifically permitted by the text of this Ordinance shall be permitted and no others. The classification for signs hereafter set forth shall be in accordance with the various use districts designated now or hereafter established in the Zoning Ordinance.

SECTION 8.8-1 Signs in One-Family and Two-Family Residential Districts. In one family and two family residential use districts, no sign shall be erected except the following and, no sign shall be illuminated, except as otherwise provided.

A.

A name sign identifying the owner or occupant of a building or dwelling unit provided the surface area does not exceed two (2) square feet.

B.

A sign pertaining to the lease or sale of an individual dwelling unit or property upon which the sign is located provided such sign shall not exceed six (6) square feet in surface area if the sign is single face, twelve (12) square feet in surface if the sign is multiface or provided however, if more than one sign is erected, the combined area of all signs shall not exceed twelve (12) square feet.

C.

A sign pertaining to the lease or sale of a development of at least five (5) acres or more upon which sign is located provided such sign shall not exceed eighty (80) square feet single face, one hundred sixty (160) square feet multi-face, with a ten (10) feet maximum height limitation and a one (1) year time period.

D.

One sign only, identifying an engineer, architect, contractor and sub-contractors engaged in the construction of a building, provided such sign shall not exceed thirty-two (32) square feet in surface area and is no more than ten (10) feet nor less than three (3) feet above ground and is removed within ninety (90) days following the initial occupancy of a building or any portion of the development.

E.

One identification sign, not to exceed forty-five (45) square feet in area, for the following uses: Church, Private Park, Private Recreation Building, Private School, Hospital and Home for Aged or similar institution. Such sign shall be solely for the purpose of displaying the name of the institution and/or its activities or services and may be illuminated.

F.

Signs as defined in subsections a, b, d and e above may be located in any required yard but not less than five (5) feet from any side property line nor less than five (5) feet from any lot line, adjacent to any street. In case of corner lots permitted signs shall not be erected closer than ten (10) feet from any lot line adjacent to a street.

G.

Signs as defined in subsection c above must be set-back a minimum of twenty (20) feet from any property line except where the property abuts another residential area, in which case the required set-back shall be one hundred (100) feet.

SECTION 8.8-2 - Signs in Multiple Family Residential Use Districts. (R-4). In multiple family residential use districts, no sign shall be erected except the following and, no sign shall be illuminated, except as otherwise provided.

A.

A name sign identifying the owner or occupant of a building or dwelling unit provided the surface area does not exceed two (2) square feet.

B.

A sign pertaining to the lease or sale of an individual dwelling unit or property upon which sign is located provided such sign shall not exceed six (6) square feet in surface area if the sign is single face, twelve (12) square feet in surface area if the sign is multiface or provided however, if more than one sign is erected, the combined area of all signs shall not exceed twelve (12) square feet.

C.

A sign pertaining to the lease or sale of a development of at least five (5) acres or more upon which sign is located provided such sign shall not exceed eighty (80) square feet single face, one hundred sixty (160) square feet multiface, with a ten (10) foot maximum height limitation and a one year time period.

D.

One sign only, identifying an engineer, architect, contractor and sub-contractors engaged in the construction of a building, provided such sign shall not exceed thirty-two (32) square feet in surface area and is no more than ten (10) feet nor less than three (3) feet above ground [and] is removed within ninety (90) days following the initial occupancy of a building or any portion of the development.

E.

One identification sign, not to exceed forty-five (45) square feet in area, for the following uses: Church, Private Park, Private Recreation Building, Private Schools, Hospital and Home for Aged or similar institution. Such sign shall be solely for the purpose of displaying the name of the institution and/or its activities or services and may be illuminated.

F.

Signs as defined in subsections A, B, D and E above may be located in any required yard but not less than five (5) feet from any side property line nor less than five (5) feet from any lot line, adjacent to any street. In case of corner lots permitted signs shall not be erected closer than ten (10) feet from any lot line adjacent to a street.

G.

Signs as defined in subsection C above must be set-back a minimum of twenty (20) feet from any property line except where the property abuts another residential area, in which case the required set-back shall be one hundred (100) feet.

H.

One permanent free standing sign identifying the complex as a whole, provided that the graphics contained thereon is limited to the name of the development, including a logo. Such sign shall not exceed ten (10) feet in height, shall be set-back a minimum of twenty (20) feet from the property line and may be illuminated. Said sign shall not exceed one hundred fifty (150) square feet single face or three hundred (300) square feet double face.

SECTION 8.8-3 Signs in Business Districts (B-1 [and] B-2). In Business Districts the following signs shall be permitted to be erected under the conditions specified and none other.

A.

Wall signs provided the sum of the surface area of all signs do not exceed three (3) square feet for each lineal foot of store front nor extend above the facia or parapet line. The maximum surface area of any one sign shall not exceed one hundred (100) square feet.

B.

One free standing sign advertising a shopping center as a whole provided said sign or any portion thereof does not exceed a total of thirty (30) feet in height from the ground to the top of the sign and maintains a clearance of ten (10) feet from the ground to the bottom of the sign and,

C.

Observe a set-back of ten (10) feet from the leading edge of the sign to any portion of any street or road right-of-way public or private line, and be placed not closer than ten (10) feet from any side property line.

D.

Does not exceed two hundred (200) square feet in area if the sign is multiface and one hundred (100) square feet in area if the sign is single face.

E.

Signs designating entrances and exits of shopping centers providing they do not exceed fifteen (15) square feet single face and thirty (30) square feet double face in area and eleven (11) feet in height from the ground to the top of the sign and meet the set-back requirements of subsection B.

F.

Free standing identification sign in other than shopping centers. Not more than one free standing identification sign shall be erected upon any lot except on corner lots, in which case one facing each street is allowed:

i

These signs shall not exceed one hundred (100) square feet in area for single face signs, or 200 square feet in the case of double face signs or two hundred fifty (250) square feet for signs with three or more faces.

ii

These signs shall maintain a clearance of ten (10) feet from the ground to the bottom of the sign and shall in no case exceed a total height of 30 feet from the ground to the top of the sign.

iii

These signs shall observe a set-back of ten (10) feet from the leading edge of the sign to any portion of any street or road right-of-way line, public or private, and be placed not closer than ten (10) feet from any side property line.

G.

Projecting identification signs attached to the building or wall provided the same shall not extend more than twelve (12) inches from the building or extend above the facia or parapet line.

H.

Signs attached to a canopy or marquee providing the same do not extend more than twelve (12) inches from the face of the canopy or marquee and are not higher than the top of the canopy [or] marquee and are not lower than the bottom of the canopy or marquee.

I.

One under-canopy or marquee sign per entrance providing a minimum clearance of eight (8) feet from the walkway is maintained. The sign shall not exceed five (5) square feet single face or ten (10) square feet double face.

J.

Two free standing signs advertising the construction of a shopping center provided they each do not exceed seventy-five (75) square feet single face or one hundred fifty (150) square feet double face, and are to be removed within thirty (30) days of issuance of initial occupancy permit. These signs shall be set-back a minimum of ten (10) feet from any property line and shall not exceed twenty (20) feet in height overall.

K.

Two free standing signs advertising the sale or lease of the property upon which the signs are located provided they each do not exceed seventy-five (75) square feet single face or one hundred fifty (150) square feet double face, and are to be removed within thirty (30) days of the sale or lease of the property. These signs shall be set-back a minimum of ten (10) feet from any property line and shall not exceed twenty (20) feet in height overall.

L.

One portable sign advertising a "Grand Opening" not to exceed forty (40) square feet single face or eighty (80) square feet multiface for a period not to exceed fourteen (14) calendar days. A permit is required and a ten (10) feet set-back is required.

SECTION 8.8-4 Signs in Manufacturing Districts (M-1 and M-2). Within Manufacturing Districts the following signs shall be permitted subject to the following regulations:

A.

Identification signs.

I.

The total surface area of all identification signs either wall or free standing shall not exceed three (3) square feet for each lineal foot of building frontage on a street. Any portion of a building fronting or facing toward a street shall be computed as building frontage.

II.

The height and set-back provisions of the Business Districts shall apply to all identification signs.

III.

Not more than one (1) free standing identification sign shall be erected upon any lot except on corner lots, in which case one facing each street is allowed.

B.

Signs advertising the sale and/or lease of the property shall be limited to not more than one for a lot of six hundred (600) foot frontage or less and to only one additional sign for each six hundred (600) feet of additional lot frontage and at least six hundred (600) feet apart. (Such sign(s) may be set back to back one thousand two hundred (1200) feet apart.) Such signs shall be limited to ten (10) feet in height and one hundred fifty (150) square feet in surface area. No sign(s) shall be erected within two hundred (200) feet of an adjoining residential use district if designed to face into and be visible from such district. All signs shall be setback twenty-five (25) feet from any portion of a street or road right-of-way line as shown on the Official Village Map and shall not be placed within ten (10) feet of any side property line.

C.

Projecting identification signs provided the same do not project more than twelve (12) inches from any building nor above the facia or parapet line.

D.

Directory signs listing the names of property owners or tenants limited to a maximum of forty-five (45) square feet in area single face or ninety (90) square feet double face and subject to the heights and setback provisions of the Business Districts and limited to street corners only.

E.

One sign on each occupied lot advertising "help wanted" limited to twenty (20) square feet per face and meeting set-back provisions of the Business Districts.

F.

One portable sign advertising a "Grand Opening" not to exceed forty (40) square feet single face or eighty (80) square feet multiface for a period not to exceed fourteen (14) calendar days. A permit is required and a ten (10) [foot] set-back is required.

Section 8.9 General Provisions and Restrictions Applying to all Districts.

SECTION 8.9-1 Illuminated signs. All illuminated signs shall be wired in accordance with regulations as prescribed by the Village Electrical Code currently in force. Gooseneck reflectors and lights shall be permitted on free standing signs and wall signs, provided, however, that any lights be installed only in such a manner that the direct rays of such lights be concentrated on the sign and be prevented from causing a glare on, or striking, the street or adjacent property or the reflector shall be provided with proper glass lenses concentrating the illumination upon the area of the sign so as to prevent glare on the street or nearby property. In particular, direct or indirect rays of light shall not beam upon, or into any residence, whether it be one-family, two family, or multi-family residences.

SECTION 8.9-2 No illuminated sign shall be erected if the same shall obstruct a clear view of a traffic signal.

SECTION 8.9-3 Flashing signs and devices are prohibited; all lights shall be stationary and constant in intensity; rotating and moving signs are prohibited.

SECTION 8.9-4 Exposed exterior neon tubing shall be prohibited and signs painted on building walls are prohibited.

SECTION 8.9-5 Lights may be colored, except a sign light in [the] line of vision of a traffic light shall not have red, green or amber illumination.

SECTION 8.9-6 No sign shall be permitted to obstruct any door, fire escape, stairway or opening intended to provide light, air, ingress or egress for any building or structure.

SECTION 8.9-7 No sign shall be erected or maintained so as to obstruct traffic sight lines or traffic control signals at street intersections or traffic sight line or signals at railroad grade crossings. Signs visible from a street shall not contain an arrow or the words "stop" or "danger" or otherwise resemble or simulate official traffic control signs.

SECTION 8.9-8 No roof sign shall be permitted to be erected in the Village. However, signs painted flat upon the roof surface that can be seen only from the air are permitted in all commercial and industrial zones.

SECTION 8.9-9 All signs shall be constructed in accordance with the Building and Electrical Codes of the Village.

SECTION 8.9-10 Every sign over four (4) square feet, except those exempted in Section 1 of this Ordinance shall be plainly marked with the name of the person, firm or corporation erecting and maintaining same. Such person, firm or corporation and/or the owner of the premises on which the sign is located shall be the responsible party for the purpose of receiving notice under any section of this Ordinance.

SECTION 8.9-11 Every sign requiring a permit, shall be plainly marked with the permit number.

SECTION 8.9-12 Motor vehicle signs as defined herein are prohibited.

SECTION 8.9-13 All signs for which a construction permit is required by this ordinance shall at all times be able to withstand an assumed wind pressure of thirty pounds per square foot.

SECTION 8.10 Variations. All requests for variations in requirements herein set forth or appeals from any rulings of any officer of the Village shall be directed to the Zoning Board of Appeals of the Village.

SECTION 8.11 Non-Conforming Signs.

A.

Signs existing at the time of the enactment of this ordinance and not conforming to its provisions, but which were constructed in compliance with previous regulations and ordinances, shall be regarded as non-conforming signs which shall either be removed or brought up to the requirements of this ordinance within the period of time prescribed herein dating from the effective date of this ordinance and specified in the following Amortization Schedule:

AMORTIZATION SCHEDULE

VALUE OF SIGN PERIOD OF REMOVAL
$10.00 or less Immediately
$10.01 to $500.00 Two Years
$500.0[1] to $1,000.00 Three Years
$1,000.01 to $5,000.00 Five Years
$5,000.01 to $7,500.00 Six Years
$7,500.01 to $10,000.00 Eight Years
$10,000.01 and over Ten Years

 

At the end of the applicable removal period, non-conforming signs shall be promptly removed by the person having beneficial use of the structure or land on which the signs are located, or by the owner.

B.

Within sixty (60) days of the passage of this ordinance, all persons owning or leasing signs valued in excess of ten ($10.00) dollars, shall file a declaration of value with the Building Official. The Village shall have sixty (60) days from the date of filing of said declaration of value to object to the owner and requesting him to file proof of value with the Zoning Board of Appeals. The Zoning Board of Appeals shall make a determination of value which shall be conclusive and binding.

C.

Non-conforming signs which are structurally altered, relocated or replaced hereafter for any reason shall comply immediately with all the provisions of this ordinance.