A.   The uses of land and the erection, alteration and use of buildings or structures shall be limited to:

      1.   Uses lawfully established and existing on the effective date hereof, except uses lawfully established and existing on the effective date hereof and rendered nonconforming by the provisions herein shall be subject to the regulations of chapter 10 of this title; and

      2.   Uses permitted or conditionally permitted in the zoning district in which the land, building or structure is to be located.

   B.   Where a use which is classified as a conditional use by this title exists on the effective date hereof, it shall be considered to be a lawful conditional use.

   C.   Where the construction of a building or structure has begun prior to the effective date hereof and is being prosecuted to completion, said building or structure may be completed and occupied.

   D.   Where plans for the construction of a building or structure have been filed with the village clerk within ten (10) days after the effective date hereof or any amendment hereto, said building or structure may be constructed and occupied if construction is commenced within six (6) months and completed within one year of the filing date. (Ord., 5-15-1974; amd. 1997 Code)

   A.   New buildings or structures shall conform with the bulk regulations established by this title for the district in which each such building or structure is located. Existing buildings or structures shall not be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or to increase any existing conflict with the bulk regulations of this title for the district in which such structures are located.

   B.   However, a lot of record at the time of the effective date hereof in a residence district which is unable to meet the requirements of this title as to area and yard requirements may be used for a single-family detached dwelling, provided it shall meet all the other requirements of this title and other applicable village ordinances, regulations and codes. A lot of record existing on the effective date hereof, referred to above, shall be as follows:

      1.   In residence districts, a lot, parcel or tract of land which was recorded in the office of the recorder of deeds of Grundy, Kendall and Will Counties prior to the effective date hereof; and

      2.   In residence districts, a lot in a subdivision which was so recorded after the effective date hereof, provided a preliminary plat for such subdivision had been given tentative approval, as required by the subdivision regulations1. See title 6 of this code.1 prior to the effective date hereof and a final plat had been submitted and approved by the village board and thereafter recorded in the office of the recorder of deeds of Grundy County within the time periods required by such subdivision regulations for filing and application for final plat approval and for recording after approval.

   C.   The zoning officer shall issue a zoning certificate for erecting a single-family detached dwelling on a lot of record upon compliance with all of the foregoing provisions. (Ord., 5-15-1974)

In any residence district, every single-family detached dwelling hereafter erected or structurally altered shall be located on a lot, and there shall be not more than one such dwelling on a lot. (Ord., 5-15-1974)

No lot containing a structure or use shall hereafter be divided in order to secure one or more additional lots for transfer of ownership and establishment of a principal use thereon, unless each lot, including also the lot containing the structure or use, resulting from such division, shall have the minimum lot area, lot width and yards as required in this title for the district in which the lot is located. (Ord., 5-15-1974)

   A.   Yards and other open spaces as required by this title shall be located on the same lot as the principal building, structure or use.

   B.   On through lots, the front lot line shall be along the street right of way designated by the zoning officer, except that when a front lot line has been established on one or more lots in the same block, the street right of way line designated as the front lot line for such lot or lots shall be the front lot line on all vacant through lots in such block. Only those obstructions permitted in this title in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard, except where a no access strip has been provided for such lots on the recorded plat.

   C.   No legally required yards, open space or lot area for any use or structure shall be used to satisfy yard, open space or lot area requirements for any other structure or use.

   D.   No yards allocated to a building, structure or use existing on the effective date hereof shall be subsequently reduced or further reduced below the yard requirements of this title, except a yard adjoining a street may be reduced in depth in the event the right of way width of such street is subsequently increased. (Ord., 5-15-1974)

Minimum setbacks on lots abutting a street or thoroughfare shall be the distance required for a front yard, or side yard adjoining a street, in the districts where such lots are located, measured from the existing right of way line of the street or thoroughfare, or from the proposed right of way line as designated on the official map of the village, and as duly established by other ordinances of the village or as established by county or state highway authorities, whichever has the greatest right of way width requirements. (Ord., 5-15-1974)

   A.   Accessory buildings, structures and uses shall be compatible with the principal use, shall not be erected or altered in required yards except those that are herein permitted as obstructions in yards, and shall not be established prior to the establishment of the principal use. (Ord., 5-15-1974)

   B.   Accessory uses shall not include the keeping, propagation, or culture of pigeons, poultry, rabbits, bees, livestock or other nonhousehold animals except as follows:

      1.   The keeping, propagation, or culture of pigeons, poultry, rabbits, bees, livestock or other nonhousehold animals shall be permitted on such lots where the pursuit of agriculture is a permitted principal or accessory use; and

      2.   The keeping of poultry shall be permitted on lots in districts zoned R1, R1A, and R2 pursuant to chapter 6 of this title, subject to the following conditions:

         a.   Any poultry kept on such a lot must be kept, at all times, within a fully enclosed and secured poultry enclosure. Said enclosure must be constructed within the rear yard of the lot and must be located not less than five feet (5') from the edges of the lot;

         b.   No male poultry (including, but not limited to, roosters, ganders, and drakes) shall be permitted;

         c.   No more than eight (8) female poultry (including, but not limited to, geese, hens, and ducks), regardless of species, shall be permitted on a single lot;

         d.   Waste must be regularly removed from the poultry enclosure and the poultry enclosure must be maintained in a reasonably clean and sanitary manner. (Ord. 2017-09, 3-28-2017)

   C.   Except as herein otherwise required for a specific accessory use, detached accessory buildings, as herein permitted as obstructions in required rear yards, shall:

      1.   Be not more than one story or fifteen feet (15') in height, whichever is lower;

      2.   Cover not more than thirty percent (30%) of the area of the rear yard; and

      3.   Be located not less than five feet (5') from a lot line of adjoining lots, except:

         a.   On corner lots, not nearer to the side street lot line than the distance required in the district in which the lot is located for a side yard adjoining a street.

         b.   On through lots that do not have a rear lot line adjoining a no access strip, not nearer to the rear lot line adjoining a street than the distance required for a front yard.

         c.   On lots which abut a public alley, not nearer to the centerline of the alley than eleven feet (11').

   D.   No detached building accessory to a single-family detached dwelling hereafter erected or altered at any location on a lot, shall be more than one story or fifteen feet (15') in height, whichever is lower, nor shall it be nearer than ten feet (10') from the principal building on the lot. (Ord., 5-15-1974)

The following accessory buildings, structures and uses are permitted and may be obstructions in yards as follows:

 

 

 

Note:

   *    =    Patios (and decks) are permitted obstructions in the side yard for single-family detached dwellings and two-family (duplex) dwellings, subject to the following conditions:

         A.      The single-family detached dwelling or two-family (duplex) dwelling has a door that accesses the side yard and does not have a door that accesses the rear yard,

         B.      The side yard patio or deck shall not exceed 225 square feet and shall be constructed adjacent to the door that accesses the side yard,

         C.      No fencing of any height shall be constructed as part of patios or decks constructed in side yards that face a street, and

         D.   The patio or deck shall not be constructed in a utility or drainage easement.

(Ord., 5-15-1974; amd. 1977 Code; Ord. 1984-10, 11-12-1984; Ord. 2007-31, 6-26-2007; Ord. 2013-20, 6-25-2013; Ord. 2017-09, 3-28-2017)

On corner lots within that part of a yard located within a radius of twenty five feet (25') from the point of intersection of the two (2) street right of way lines forming the lot corner, no structures or shrubs as herein permitted as obstructions in front yards or side yards adjoining a street shall be erected, altered or planted which have a height more than thirty inches (30") above the ground grade in this area, and trees planted in such areas shall be maintained in a manner that trees shall not have branches lower than eight feet (8') above the ground grade elevation in this area. (Ord., 5-15-1974)

   A.   Recreational Vehicle Parking Restricted: The parking of recreational vehicles such as boats, snowmobiles, personal watercraft on trailers, travel trailers, campers, motor homes, other recreational vehicles and their trailers in residential areas within the village of Minooka is hereby restricted, as described in this section.

   B.   Parking In Public Roadway: None of said items as set forth in subsection A of this section shall be parked or stored on the roadway or right of way.

   C.   Parking On Private Land: Only one said item as set forth in subsection A of this section shall be parked on any lot or parcel of land by the resident of the subject lot or parcel of land, provided:

      1.   Said item shall be parked in an interior side yard, rear yard or a fully enclosed building or structure. It shall not be parked in the front yard or corner side yard, except as provided for in subsection D of this section.

      2.   Where said item is parked in an interior side yard or rear yard, it shall be parked upon a surface that is open, impervious, and constructed of a hard dustless material, such as concrete, asphalt, brick pavers, slate, or stamped concrete, with a surface capable of supporting the weight of the recreational vehicle, and which otherwise complies with all of the provisions of this code. The impervious surface dimensions must minimally meet the same length and width dimensions of any recreational vehicle parked upon it.

      3.   Access of recreational vehicles to interior side and rear yards for parking purposes must also be upon surfaces that meet the requirements for recreational vehicle parking set forth in subparagraph 2 (i.e. concrete, asphalt, brick pavers, slate, or stamped concrete).

      4.   In any zoning district, the wheels or any similar transporting devices shall not be removed, except for repairs.

      5.   It shall not be permanently affixed to the ground in a manner that would prevent its removal.

      6.    It shall not be located closer than five feet (5') to any rear or interior side lot line.

   D.   Parking In Residential Driveway: If the side yard or rear yard is not accessible, the said items as set forth in subsection A of this section may be parked in the residential driveway, if:

      1.   It is used daily and it is the owner's principal means of transportation; or

      2.   It is parked in a manner so as to not block the sidewalk or block the view of the street for safe exiting;

      3.   Only one said item as set forth in subsection A of this section may be parked in the residential driveway, if permitted pursuant to subsection D1 or D2 of this section, during its normal season that it would be used (i.e., watercraft and campers from May 1 to October 30; snowmobiles from December 1 to March 1).

   E.   Temporary Parking: Said items as set forth in subsection A of this section may be parked temporarily in the residential driveway, if:

      1.   It is the property resident's second such item and it is being repaired and will not be on the property longer than forty eight (48) hours; or

      2.   Said item is owned by a guest of the resident of the property, and is only to be parked on the property no longer than fourteen (14) consecutive days at a time and a temporary parking permit as set forth in subsection F of this section is approved.

   F.   Permit: It will be the responsibility of the resident of the property to obtain a temporary parking permit from the village office for any nonresident.

   G.   Parking Restrictions For Motor Vehicles In Residence Districts:

      1.   On residential lots within the village of Minooka, the parking of motor vehicles is restricted to: a) the residential driveway; b) fully enclosed building or structure; or c) the side yard or rear yard, so long as the entire area beneath the motor vehicle is open, impervious, and constructed of a hard dustless material, such as concrete, asphalt, brick pavers, slate, or stamped concrete, with a surface capable of supporting the weight of the vehicle, and otherwise complies with all of the provisions of this code. Access of motor vehicles to side and rear yards for parking purposes must also be upon surfaces that meet the same surface requirements for motor vehicle parking (i.e. concrete, asphalt, brick pavers, slate, or stamped concrete).

H.   Penalty: Any person violating or failing to comply with any of the terms or provisions of this section shall be subject to a fine of not less than fifty dollars ($50.00) and not more than as provided in section 1-4-1 of this code for each offense. A separate offense shall be deemed committed on each and every day on which a violation continues or is permitted to exist. In addition, the village shall have all such other rights and remedies as may be available to it at law or equity. (Ord. 2009-26, 6-23-2009; Ord. 2019-16, 6-25-2019)

   A.   A lot that was not a lot of record on the effective date hereof which is to be used for a single-family detached dwelling served with an individual sewerage disposal system shall have an area of not less than one acre and a width of not less than one hundred fifty feet (150') or a greater area or width if required to conform with regulations contained in subsection B of this section.

   B.   Installation of individual sewage disposal systems and private wells or community sewerage and water systems shall be in accordance with standards and specifications set forth in applicable laws of the county, state and the village.

   C.   All buildings other than single-family detached dwellings located on lots less than one acre in area may be served with individual sewage disposal systems and individual wells when on lots having areas and widths conforming with minimum or greater lot area and lot width requirements for the districts where such uses are located, provided:

      1.   Greater lot areas and widths shall be required when it is necessary to provide areas of adequate size, that are not covered by buildings, structures and pavements, to conform with state and county standards for installation of individual sewage disposal systems and individual wells; and

      2.   The board of trustees may require, in specific cases, that such uses shall be served with public or community sewerage systems and/or water systems when it is found practical to make connections with nearby public or community sewerage and/or water systems or to install such systems. (Ord., 5-15-1974)

The main floor shall have an elevation of not less than two feet six inches (2'6") above flood crest, with the lowest point of the lowest window opening of the foundation to be not less than six inches (6") above flood crest, or the distance above flood crest level that may be required by the building officer and inspector for specific locations. (Code change, 1980)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located, except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building and fire or parapet walls, skylight, towers, steeples, flagpoles, chimneys, smokestacks, radio and television aerials, wireless masts, water tanks, silos, storage hoppers, elevators or similar structures may be erected above the height limits when recommended by the planning commission and approved by the board of trustees. (Ord., 5-15-1974)

The regulations of this title shall not be exercised so as to:

   A.   Deprive the owner of any existing property of its use or maintenance for the purpose to which it is lawfully devoted at the time of enactment of this title or subsequent amendments thereto.

   B.   Impose regulations or require permits (except as herein outlined) with respect to land used or to be used for agricultural purposes or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings used or to be used for such agricultural purposes upon such land except that such building for agricultural purposes may be required to conform to building or setback lines.

   C.   Specify or regulate the type or location of poles, wires, cables, conduits, vaults, laterals or any other similar distributing equipment of a public utility as defined in "an act concerning public utilities" enacted by the general assembly of the state of Illinois. (Ord., 5-15-1974)

   A.   Setbacks: All drive-through facilities adjoining residential property shall locate the drive-through lanes (including the bypass lane and the required stacking space requirements) not less than forty feet (40') from the residential property, measured as the distance between the residential property line and the nearest curb of the drive- through lane(s).

   B.   Bypass: A minimum of ten feet (10') shall be provided adjacent to the drive-through lane(s) in order for vehicles to bypass the drive-through lane(s).

   C.   Drive-Through Lane And Stacking Space Requirements:

      1.   All drive-through lanes and stacking spaces shall be not less than twelve feet (12') wide.

      2.   Drive-through lanes and stacking spaces shall not cross off street parking areas or pedestrian walkways.

      3.   All drive-through lanes shall be sized to hold at least the minimum stacking spaces required for each use.

      4.   All drive-through lanes and stacking spaces shall be separated from the site access (public street, neighboring lots, etc.) and parking.

   D.   Minimum Standards For Stacking: There shall be provided for each building, structure and use hereafter erected, structurally altered or enlarged with a drive-through lane, the minimum number of stacking spaces as set forth in a traffic analysis, which shall be evaluated and approved by the village engineer. (Ord. 2006-02, 1-10-2006)