Hereafter, within the village, it shall be unlawful to do any of the following except in conformity with the provisions of this chapter:

   (A)   Erect, use, occupy, enlarge, alter, relocate or reconstruct any structure or part thereof;

   (B)   To create any lot; or

   (C)   To use, occupy or develop any lot or part thereof except in conformity with the provisions of this chapter.

(Ord. 491, passed 6-16-86) Penalty, see § 152.999

   Whenever any use is not specifically listed as permitted or special within a particular zoning district, such use shall be deemed prohibited in that district. However, if the Village Board determines that the unlisted use is similar to and compatible with the listed uses, they may allow such use by amending this chapter in accordance with § 152.213. The Village Board's decision shall become a permanent public record, and any unlisted use that they approve shall thereafter have the same status as listed uses.

(Ord. 491, passed 6-16-86) Penalty, see § 152.999

   Except as specifically provided otherwise elsewhere in this chapter, every lot must meet the minimum area, minimum dimensions, and minimum setback requirements of the district in which it is located independently; that is, without counting any portion of an abutting lot.

(Ord. 491, passed 6-16-86) Penalty, see § 152.999

   No building shall be erected on any lot unless such lot abuts, or has permanent easement of access to, a public street or private street that conforms to the standards set forth in Chapter 151, Subdivision Code.

(Ord. 491, passed 6-16-86) Penalty, see § 152.999

   (A)   Corner and through lots. Every lot with multiple frontages (such as corner or through lots) shall meet the front setback requirements of the district in which it is located on every side having frontage.

   (B)   Built-up areas. Except as specifically provided otherwise in the B-1 Community Business District and in all residential zoning districts where lots having 50% or more of the frontage on one side of a street between intersections (that is, in one block) are developed with buildings, and the front setbacks of those lots do not differ by more than ten feet, the minimum required front setback on that block shall be the average of the existing front setbacks. However, in any built-up area, no front setback greater than 50 feet shall be required.

(Ord. 491, passed 6-16-86) Penalty, see § 152.999

   To the extent indicated below, the following features of principal buildings may intrude into required yards without thereby violating the minimum setback requirements (Service stations are not subject to these restrictions):

 

 

(Ord. 491, passed 6-16-86) Penalty, see § 152.999

   (A)   Necessary appurtenances. Chimneys, church spires, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas or other necessary appurtenances commonly constructed above the roof line shall be permitted to exceed the maximum height limitations of the district in which they are located if they comply with all other pertinent ordinances of the village.

   (B)   Intersections. On corner lots, in the triangular portion of land bounded by intersecting street lines and a line joining these street lines at points 30 feet measured along the right-of-way lines, and not the centerline intersection, no obstruction, whether natural or man-made, shall intrude into the air space that is between two feet and ten feet above the level of the adjacent street. (See Appendix B, Figure 1)

(Ord. 491, passed 6-16-86)

   (A)   In all districts, property owners of all buildings and places where people live, work or assemble shall provide for the sanitary disposal of all sewage in accordance with the following requirements:

      (1)   Whenever the public sanitary sewerage system is reasonably accessible (that is, when the distance from the property in question to the nearest public sewer with available capacity does not exceed 600 feet, all sewage shall be discharged into such system, whether or not a private sewerage system already exists or is more convenient.

      (2)   Whenever the public sewerage system is not reasonably accessible as determined by the Village Engineer, a private sewerage system shall be installed and used. All private sewerage systems shall be designed, constructed, operated and maintained in conformity with the following requirements:

         (a)   Illinois Private Sewage Disposal Licensing Act, ILCS Ch. 225, Act 225, §§ 1 through 23, as amended from time to time;

         (b)   Illinois Private Sewage Disposal Code No. 4.002, promulgated by the Director of the Illinois Department of Public Health, as amended from time to time;

         (c)   Pertinent, current regulations issued by the Illinois Environmental Protection Agency; and

         (d)   Applicable codes and regulations of the village, particularly Chapter 151, Subdivision Code.

   (B)   The Administrator shall not issue any initial certificate of zoning compliance unless, following consultation with the Village Engineer, he is satisfied that these requirements will be met.

(Ord. 491, passed 6-16-86) Penalty, see § 152.999

   (A)   When accessory uses permitted.  

      (1)   Any accessory use shall be deemed permitted in a particular zoning district if such use:

         (a)   Meets the definition of ACCESSORY USE as set forth in § 152.007;

         (b)   Is accessory to a principal structure or use that is allowed in a particular zoning district as a permitted or special use; and

         (c)   Is in compliance with the restrictions set forth in division (B) of this section.

      (2)   If an accessory structure is attached to a principal structure, it shall be considered part of such structure.

   (B)   Restrictions.

      (1)   Height. No accessory use shall be higher than 15 feet in the Agricultural District or in any residential district, or 25 feet in any other zoning district. Provided, that there shall be no height limit on agriculture-related accessory structures.

(Ord. 491, passed 6-16-86; Am. Ord. 744, passed - - ; Am. Ord. 1237, passed 5-24-21) Penalty, see § 152.999

   (A)   Definition. For the purpose of this chapter, PLANNED DEVELOPMENT “PD” shall mean a development wherein, in accordance with an approved development plan, common open space is reserved, various housing types and other structures and uses may be mixed, and/or overall average density does not exceed the usual zoning district limit.

   (B)   Objectives. This section authorizes development of planned developments and establishes procedures in order to achieve the objectives enumerated at § 152.002 and the following additional objectives:

      (1)   To provide a regulatory mechanism whereby the village can be assured that upon completion, approved development projects will substantially conform to the plans or models which constituted the basis for the issuance of the necessary zoning and subdivision permits.

      (2)   To permit development of a wide variety of housing types and other structures and uses in a single comprehensively planned project;

      (3)   To preserve the natural topography, scenic features, mature trees, and historic structures existing on sites proposed for development;

      (4)   To encourage innovative site layouts and coordinated architectural treatment of different housing types and other structures;

      (5)   To ensure the provision of usable common open space in planned developments, and to spur installation of various amenities therein;

      (6)   To facilitate the economical installation of standard streets, sewers, utilities and other improvements.

   (C)   Compliance with provisions. Except as specifically provided otherwise in this section, planned developments, including all structures and uses therein, shall, at a minimum, be built in conformity with all applicable codes and ordinances including this chapter and Chapter 151, Subdivision Code.

   (D)   Districts where allowed. Planned developments may be built in any zoning district, but only upon the issuance of a special use permit by the Village Board after a hearing before the Zoning Board of Appeals. (See § 152.212(A))

   (E)   Permissible deviation from code requirements. The planned development concept is intended to afford both the developer and the village considerable flexibility in formulating development proposals. Consequently, to the extent indicated in this section, Planned Developments may deviate from generally applicable code requirements without a variance. Any proposed deviation not listed below, however, shall require a variance.

      (1)   Mixed uses. Planned developments may include all types of residential structures and any other uses approved by the Village Board, provided, that in approving such mixed uses, the Village Board may attach any conditions necessary to protect the public welfare.

      (2)   Lot and structure requirements. In Planned Development the Village Board may approve any reasonable deviation from the lot and structure requirements of the particular zoning district so long as the different uses within the “PD” are appropriately interrelated and property abutting the “PD” is adequately protected from any potential adverse impacts of the development. LOT AND STRUCTURE REQUIREMENTS shall mean minimum individual lot area, width, and depth; minimum setbacks; and maximum structure height.

      (3)   Accessory uses. In “PD” the Village Board may allow the developer to disregard the usual restrictions on accessory uses other than the prohibition against using an accessory structure as a dwelling.

      (4)   Location of parking/loading spaces. By permission of the Village Board, off-street parking and loading spaces in planned developments need not be located in accordance with generally applicable requirements. The minimum number of such spaces, however, shall not be less than the number required as per § 152.115 through 152.122.

   (F)   Procedures for planned developments.

      (1)   Required procedures. Every applicant for planned development approval shall comply with the procedural requirements of this section. The required procedures are as follows:

         (a)   Filing development plan with the Zoning Administrator;

         (b)   Provision by the developer of adequate assurance for the completion of required improvements as per the development plan;

         (c)   Public hearing by the Zoning Board of Appeals as per the requirements of § 152.212(A);

         (d)   Recommendation of the Zoning Board of Appeals regarding approval/rejection of the development plan.

         (e)   Approval/rejection by the Village Board.

      (2)   Application, required information. Every applicant for approval of a development plan shall submit to the Administrator, in narrative and/or graphic form, the items of information listed below:

         (a)   Written documents.

            1.   Legal description of the total site proposed for development;

            2.   Names and addresses of all owners of property within or adjacent to the proposed “PD.”

            3.   Statement of the planning objectives to be achieved by the “PD” through the particular approach proposed by the applicant, including a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;

            4.   Development schedule indicating the approximate date when construction of the “PD” or stages of the “PD” can be expected to begin and be completed;

            5.   Statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the “PD”, such as land areas, dwelling units, and the like;

            6.   Data indicating total number and type of proposed dwelling units, gross and net acreage of parcel, acreage of gross and usable open space, and area of any commercial uses.

         (b)   Graphic materials.

            1.   Existing site conditions including contours at ten-foot intervals and locations of water courses, flood plains, unique natural features and wooded areas;

            2.   Proposed lot lines and plot designs;

            3.   Proposed location, size in square feet, and general appearance of all existing and proposed buildings (both residential and nonresidential) and other structures and facilities;

            4.   Location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semi-public uses;

            5.   Existing and proposed vehicular circulation system, including off-street parking and loading areas and major points of ingress and egress to the development (notations of proposed ownership, public or private, should be included where appropriate);

            6.   Existing and proposed pedestrian circulation system, including its relationship to the vehicular circulation system and proposed treatments of points of conflict;

            7.   Existing and proposed utility systems including sanitary sewers, storm sewers, and water, electric, gas and telephone lines;

            8.   General landscape plan indicating the treatment of both private and common open spaces and the location of required buffer strips;

            9.   Enough information on land areas adjacent to the proposed “PD” to indicate the relationships between the proposed development and existing and proposed adjacent areas;

            10.   Any additional information required by the village to evaluate the character and impact of the proposed “PD.”

      (3)   Criteria considered. The Zoning Board of Appeals shall compile a written report recommending acceptance or rejection of the development plan. In recommending what their decision should be, the Zoning Board of Appeals shall consider the following criteria:

         (a)   The extent to which the proposed development is consistent with the Comprehensive Plan and with the purposes of this chapter and of all other applicable codes and ordinances;

         (b)   The extent to which the proposed development deviates from the regulations that are generally applicable to the property (including but not limited to, the use and lot and building regulations of the district), and the apparent merits (if any) of the deviations;

         (c)   Whether the proposed design of-the “PD” makes adequate provisions for vehicular and pedestrian circulation, off-street parking and loading, separation of residential and commercial uses, open space, recreational facilities, preservation of natural features, and so forth;

         (d)   The compatibility of the proposed “PD” with adjacent properties and surrounding area; and

         (e)   Any other reasonable criteria that the Zoning Board of Appeals may devise.

      (4)   Recommendation by Zoning Board. The Zoning Board of Appeals shall either recommend approval or disapproval of the Development Plan. The Zoning Board shall not recommend approval of any planned development plan unless:

         (a)   The developer has posted a performance bond or deposited funds in escrow in the amount the Village Engineer deems sufficient to guarantee the satisfactory completion of all required improvements; and

         (b)   The Village Attorney has stated that all legal instruments (particularly the restrictive covenants) are satisfactory; and

         (c)   The proposed “PD”, as evidenced by the development plan, complies with all applicable codes and ordinances. (Deviations to the extent permitted under division (E) of this section shall not be deemed noncompliance.)

   (G)   Changes in approved plans. No changes shall be made to any approved “PD” development plan except as follows:

      (1)   Minor changes if required by engineering or other circumstances not foreseen at the time the final development plan was approved.

      (2)   All other changes shall require a public hearing before the Zoning Board of Appeals.

      (3)   No approved change shall have any effect until it is recorded with the County Recorder of Deeds as an amendment to the recorded copy of the development plan. (See § 152.213 for final procedures).

   (H)   Failure to begin development. If a substantial amount of construction has not begun within the time stated in the approved construction schedule, the development plan shall lapse upon written notice to the applicant from the Zoning Administrator and shall be of no further effect. However, in his discretion and for good cause, the Zoning Administrator may extend for a reasonable time the period for the beginning of construction. If a final development plan lapses as per this section:

      (1)   The special use permit shall be automatically revoked;

      (2)   Any zoning permits shall automatically become null and void; and

      (3)   All regulations applicable before the “PD” was approved shall automatically be in full effect.

   (I)   Municipal exemption. In conjunction with any existing or proposed development, the village shall be exempt from all of the provisions of this section.

(Ord. 491, passed 6-16-86) Penalty, see § 152.999

   (A)   Parabolic or dish-type antennas located outside of the business or residence shall meet the following requirements:

      (1)   Maximum number per business lot or residence lot shall be one. Businesses selling these discs shall be allowed a maximum of three and only one of these shall be allowed in front of the building.

      (2)   The parabolic or dish-type antenna shall be located in the rear yard, except that when the main building is on a corner lot, the parabolic or dish-type antenna cannot be closer to the adjoining side street than the main building is permitted to be located.

      (3)   (a)   The parabolic or dish-type antenna shall be placed in the rear yard except that if a usable satellite signal cannot be obtained from the rear yard, the antenna may be located on the side yard of the property, subject to the approval of the Zoning Administrator and subject to the other requirements of this section. Roof mounted dishes will be located on the rear portion of the roof.

         (b)   In the event that a usable satellite signal cannot be obtained from the rear or side yard of the property, such antenna may be placed on the roof of a structure subject to the approval of the Zoning Administrator and subject to the other requirements of this section.

      (4)   Screening shall be as deemed necessary by the Zoning Administrator for commercial installations.

      (5)   All parts of the parabolic or dish-type antenna structure must be a minimum of five feet from all property lines of the lot.

      (6)   The parabolic or dish-type antenna shall be mounted on a steel pipe support embedded in a concrete foundation, and the parabolic or dish-type antenna when turned perpendicular to the ground, together with the base, shall not extend more than 15 feet above the ground. In the event that a usable signal cannot be obtained at a height of 15 feet, then the pole may be raised to the minimum height necessary to obtain a clear signal for the installation. The main diameter of the parabolic or dish-type antenna shall not exceed 11 feet.

      (7)   The base assembly shall be adequately anchored to the steel pipe support so as not to constitute a hazard in winds of 80 miles per hour velocity. Structural design for the parabolic or dish-type antenna base assembly, steel pipe support and concrete foundation shall conform to the applicable provisions in Article X and Article XII of the BOCA Basic Building Code. All plans, computations and specifications required for such design work shall be prepared by an architect or engineer, or the structural design shall be warranted by the manufacturer or installer, and shall be reviewed and approved by the Village Engineer.

      (8)   All petitions for relief from the provisions of this section shall be heard by the Zoning Board of Appeals and approved by the Village Board.

      (9)   Observance of safe distances between the parabolic or dish-type antenna, appendages thereto, and public utility wires in accordance with public utility requirements shall be mandatory. Polar mount and drive motor systems shall conform to the BOCA Electric Code requirements in existence at the time of application for a permit.

      (10)    A zoning occupancy permit shall be required prior to erection of any such parabolic or dish- type antenna.

      (11)    No parabolic or dish-type antenna shall be roof-mounted, unless the dish is four feet or less in diameter and is mounted on the rear portion of the roof.

      (12)    No parabolic or dish-type antenna shall be used or serve as a sign for the purpose of advertisement by a business or commercial unit.

   (B)   Nuisance and injunction. Any violation of this section is hereby declared to be a nuisance. In addition to any other relief provided by this chapter, the Village Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this section. Such application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction.

   (C)   This section shall not apply to any existing parabolic or dish-type antennae which have been installed prior to the effective date of this section.

(Ord. 491, passed 6-16-86)

   Upon the application for and the Village Board granting a special-use permit, a person may occupy a structure in a single-family district that has a zero lot line for one side yard. The following regulations shall apply to that district:

   (A)   Front yard. There shall be a front yard of not less than 25 feet in depth.

   (B)   Side yard. The total of the side yards shall be 15 feet, provided that only one side yard need be provided, so a building is permitted with a 15-foot side yard on one side and with the side of the building on the lot line on the other. On a corner lot, there shall be a side yard of not less than 25 feet on the side of the building nearest the street. No part of any building shall project over onto any neighboring lot unless an easement permitting the same has been duly executed and recorded by the owner of the neighboring lot. Two buildings on neighboring lots may be built touching each other with party walls or adjacent walls, provided that such walls shall comply with all applicable provisions of the village building ordinances relating to walls between condominiums and apartments. No two buildings shall be built touching each other unless the owners of each of the two lots involved sign an agreement.

   (C)   Lot coverage. Not more than 35% of any lot shall be occupied by buildings of any kind.

   (D)   Lot area. Each dwelling hereinafter erected or structurally altered shall be on a lot having an area of not less than 6,000 square feet and a width of not less than 50 feet, however, any lot established before the effective date of this amendment may be used as a building site even though it does not comply with the requirements of this chapter.

   (E)   Accessory buildings. No accessory building shall encroach on any required front yard. No accessory building on any corner lot shall encroach on any side yard adjacent to the street. All accessory buildings greater than 200 square feet will be set upon a concrete foundation.

   (F)   Required floor areas. Each single-family residence in the single side yard, single family district shall have a floor area of not less than 1,000 square feet. The areas of garages, open porches, cellars and basements shall not be included.

   (G)   Minimum width. No principal building shall have a width of less than 20 feet, measured on the exterior walls. Attached garages and porches shall not be included in measuring the width of the principal building.

(Ord. 491, passed 6-16-86) Penalty, see § 152.999

   (A)   The Village of Millstadt hereby adopts and incorporates herein the terms and provisions of State Statutory Enactment ILCS Ch. 410, Act 625, § 3.6 entitled "Home Kitchen Operation" as if same were fully set forth herein including its reference to other provisions of the Food Handling Regulation Enforcement Act.

   (B)   The village hereby authorizes home kitchen operations within the geographic boundaries of the village pursuant and subject to the terms, provisions, limitations, rules, and regulations specified in said statutory enactment.

   (C)   No person, firm, corporation, or other entity of any kind or nature shall establish, or maintain a home kitchen operation without first having obtained a license as herein required. No license shall be required for any religious, charitable, or non-profit organization for fundraising purposes.

   (D)   The annual fee for such license shall be $25 and shall be for one year, beginning the first day of May of each calendar year. Application for said license shall be made to the Village Clerk.

   (E)   The St. Clair County Health Department shall have the power and authority to inspect a home kitchen operation in the event of a complaint, disease outbreak, or a failure to maintain sanitary conditions as defined by the Department or any state agency.

   (F)   Any person, firm, corporation, or other entity of any kind or nature violating the provisions of this section shall upon conviction be fined not less than $75 nor more than $750 for each offense, and a separate offense shall be deemed committed on each day on which a violation occurs or continues. Any license granted under the provisions of this section may be revoked for any violation hereof, and such revocation shall be in addition to any fine imposed by virtue of this section.

(Ord. 1180, passed 9-24-18)