Oakwood City Zoning Code
ARTICLE I
General Provisions
§ 290-1 Amendments of regulations and creation of districts.
Regulations may be amended from time to time by ordinance after the ordinance establishing them has gone into effect, but no such amendments shall be made without a hearing before the Village Board of Trustees and the required period of public notice. In the event a written protest against any proposed amendment of regulations, specifically identified and signed by 20% of the property owners in the Village of Oakwood and acknowledged by the Vermilion County Recorder of Deeds, is filed with the Village Clerk of the Village of Oakwood, the amendment shall not be passed except by a favorable vote of at least 2/3 of the Village Board of Trustees in attendance and meeting the minimum requirement for a quorum.
§ 290-2 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
An accessory building is an unattached subordinate building, the use of which is incidental to, or customarily found in connection with, and (except as otherwise provided in this chapter) located on the same lot as the main building or principal use of the land. An accessory use is one which is incidental to, or customarily found in connection with, and (except as otherwise provided in this chapter) on the same lot as the main use of the premises. When "accessory" is used in the text, it shall have the same meaning as "accessory use."
A portion of the building located partly or wholly underground and having 1/2 or more of its floor to ceiling height below the average grade of the adjoining ground.
All property on one side of a street between two intersecting streets or between an intersecting street and the dead end of a street, measured along the line of street.
Any structure including a roof supported by walls, designed, or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property and forming a construction that is safe and stable, constructed on site with building materials and resting on a foundation; the word "building" shall include the word "structure."
The vertical distance from the grade (elevation of curb, sidewalk, or average elevation around the structure at the adjacent street) to the highest point of the structure or building, not including any roof peak.
Any child-care facility which regularly provides day care for less than 24 hours per day for more than eight children at any one time in a family home or private school type facility.
Any child-care facility in a family home which regularly provides day care for a maximum of eight children at any one time for less than 24 hours per day.
Areas within the Village of Oakwood that are distinct in construction and use, which are recognized to require distinct application of regulation, and thereby distinct permits.
Any building, or portion thereof, designed and used exclusively for residential purposes, constructed on site with building materials and resting on a foundation.
A room or group of rooms within a dwelling and forming a single habitable unit with the facilities for living, sleeping, and cooking.
A dwelling operated under state license or certification, or contract to provide supervision, food, lodging, or other services to a service dependent population as herein defined, living and cooking together in a single cooperative housekeeping unit, consisting of: (a) a basic group of members of a service dependent population; and (b) additional staff persons providing supervision of service to the basic group, as specified in aforesaid licensing, certification or contract regulations. Community living facilities are limited to one per structure.
A community living facility dwelling with a basic group limited to not more than five service dependent individuals plus a maximum of two resident (live in) staff at any given time, subject to a higher number of staff if required to meet state or federal regulations. Said facility is intended for permanent placements, and shall not be for crisis or short-term transient placements.
A community living facility dwelling with a basic group limited to not more than eight service-dependent individuals plus a maximum of two resident (live-in) staff at any given time, subject to a higher number of staff if required to meet state or federal regulations. Said facility is intended for permanent placements, and shall not be for crisis or short-term transient placements.
A community living facility dwelling with a basic group limited to not more than 15 service-dependent individuals plus a maximum of four resident (live-in) staff at any time, subject to a higher number if required to meet state or federal regulations. Said facility may be used for temporary placement of service-dependent individuals.
A dwelling which is designed for or occupied by three or more families occupying separate living quarters, but not including a row house building.
A building designed for use or occupied exclusively by one family.
A building designed for or occupied exclusively by two families.
A person living alone, or two or more persons living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a rooming house, motel, hotel, fraternity, or sorority house; provided, however, that for the purpose of definition, "family" shall not mean more than four persons unrelated to each other by blood, marriage, or legal adoption. "Family" shall include members of a service-dependent population living in community living facilities as herein defined.
The sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls or from the center line of walls separating buildings, but not including cellar or basement space not used for retailing and not including accessory off-street parking or loading space.
An accessory building used only for the housing of motor vehicles, without their equipment for operation, repair, hire or sale.
A garage, other than a private garage, used only for the housing of motor vehicles, without their equipment for operation, repair, hire or sale.
A structure or portion thereof used for the operations of the Village of Oakwood, State of Illinois, federal government, or any other unit of government authorized by municipal, state, or federal legislation. Buildings owned by a governmental entity which are leased or operated as a private enterprise shall not be classified as a government building.
Any occupation or activity which is clearly incidental and secondary to use of the premises for dwelling and which is carried on wholly within the main building or accessory building by a member of the family, for which there is no advertising other than an identification sign of not more than one square foot in area, and no other display or storage of materials or exterior indication of the home occupation or variation from the residential character of the main building or accessory building, and in connection with which not more than one person outside the family is employed and no equipment used or other result of the home occupation which creates offensive noise, vibration, smoke, dust, odors, heat or glare. When within the above requirements, a home occupation includes, but is not limited to, the following: lawyer, engineer, architect, accountant, salesman, real estate agent, insurance agent or other similar occupation and art studio, dressmaking, professional office of a physician and teaching, with musical instruction limited to not more than two pupils at a time. Home occupation, however, shall not include commercial breeding, boarding, or training of animals, or other business where animals are on the premises, other than a dog or cat grooming business.
A building in which lodging, or lodging and meals, are regularly provided or offered to the public for compensation and which is customarily open to transient guests.
A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory building, and the open spaces and parking spaces required by this chapter, and having its principal frontage upon a street.
A lot or parcel of land, the plat, map, or deed to which has been recorded in the Office of the County Recorder of Vermilion County prior to the adoption of this chapter.
A street designated as a major street or master street on the official street plan.
Any type of prefabricated structure intended to be used as a residence assembled in a factory, and transported and affixed to a lot or premises to be set on a masonry foundation and permanently connected to utilities such as electrical, water, sanitary, or natural gas.
Any structure used for living, sleeping, business or storage purposes which has no foundation other than wheels, blocks, skids, jacks, horses or skirting and which has been, or reasonably may be, equipped with wheels or other devices for moving the structure from place to place, whether by motive power or by other means. No mobile home or house trailer, as herein defined, shall be construed as a dwelling. For purposes of this chapter, the following items shall not be included within the definition of mobile home or house trailer: boat trailers, single- or dual-axle utility trailers, construction trailers located on an active or soon-to-be-active construction site, campers, motor homes, wagons, cargo containers, semitrailers or semi-truck sleeping quarters, box trucks, or vehicles used only for recreation, any conveyance recognized as a mode for transportation, or any enclosure which is not at any time permanently connected to utilities such as electrical, water, sanitary, or natural gas.
Any building or land lawfully occupied at the time of passage of this chapter and all amendments thereto, which does not conform with the use regulations of the district within which it is located.
A written approval issued by the Village of Oakwood, after meeting the current International Building Code requirements for safety and health, to permit occupancy of a building, dwelling, mobile home, house trailer, manufactured home, lot, premises, row house building, or row house dwelling, warehouse, and establishment of residence within the Village of Oakwood and permanently connect to or to resume use of public utilities.
A surfaced area, which unless otherwise provided in this chapter, connected to a public street or alley by a surfaced driveway and permanently reserved for the parking or storage of one motor vehicle.
A drawing of a lot showing its dimensions, the building arrangement thereon and such other information as may be needed for enforcement of this chapter.
A lot, together with all buildings and structures thereon.
A building which contains a row of two or more single-family attached dwelling units, each unit being separated from the adjoining units in each story by walls without openings, and each unit having independent access to the exterior of the building in the ground story and each unit being located on a separate lot.
A dwelling unit which is part of a row house building.
The measurement extending across the front yard of a lot and being the minimum horizontal distance between the front of the main building or any projections thereof, other than the projections of uncovered steps, balconies, terraces, porches, decks, or entryways to the front property line.
The measurement extending across the rear yard of the lot and being the minimum horizontal distance between the rear of the main building or any projection thereof, other than uncovered steps, balconies, terraces, porches, decks, or entryways to the rear property line.
The measurement extending across the side yard of the lot and being the minimum horizontal distance between the side of the main building and any projection thereof, other than uncovered steps, balconies, terraces, porches, decks, or entryways to any lots adjacent or to the side property line.
Any structure or part thereof, or any device attached to, painted on, or represented on a building or other structure, upon which is displayed or included any letters, work, model, banner, flag, pennant, insignia, decoration, device, or representation used as, or which is in the nature of an announcement, direction, advertisement or other attention-directing device. A sign shall not include a similar structure or device located within a building except for illuminated signs within show windows. A sign includes any billboard but does not include the flag, pennant or insignia of a nation or association of nations, or of any state, city, or other political unit, or of any political, charitable, educational, philanthropic, civic, professional, religious or like campaign, drive, movement, or event. The size limits for signs, as provided hereinafter, are cumulative and shall apply to the total of all signs on a single lot. Double-sided signs shall count as two signs.
That area within a line including the outer extremities of all letters, figures, characters, and delineations or within a line including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background, whether it be columns, a pylon or a building or part thereof, shall not be included in the sign area.
That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there is not floor above it, the space between the floor and the ceiling next above it. A half story is a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of each story.
Any public or private way set-aside as a permanent right-of-way for traffic purposes.
Any change in structural members of a building such as walls, columns, rafters, beams, or girders.
Anything constructed or erected, the use of which requires permanent location on the ground.
A building within which raw materials, goods, or equipment including vehicles, are kept and wherein no manufacturing, assembly, construction, repair, sales, or other activity is performed except for the packaging of goods and materials for shipment.
A building or buildings containing multiple, independently accessible spaces where raw materials, goods or equipment, or personal goods including personal vehicles, are kept and wherein no other commercial or industrial activity occurs.
An open space on the same lot with a building unobstructed from the ground upward and measured as the area between the lot line and the main building.
A yard extending across the front of a lot and being the area between the front lot line and the main building or any projections therefrom. The front yard shall run the full width of the lot. On corner lots, the yards fronting both streets shall be considered front yards, and the front yards shall run the full width of the lot on both street frontages.
A yard extending across the rear of the lot and being the area between the rear lot line and the rear of the main building or any projection therefrom. The rear yard shall run the full width of the lot; except on corner lots, the rear yard shall only extend to the side lot line on the side to the rear of the side yard.
A yard between the main building and the sideline of the lot, and between the front yard and the rear yard. Corner lots shall have only one side yard.
§ 290-3 Boundaries.
Where uncertainty exists with respect to the boundaries of any property, lot, or premises as shown on plat maps, the following rules shall apply until a survey is performed by a licensed surveyor:
A.
Where boundaries are indicated as approximately following the center lines of alleys, streets, or highways, said alley, street lines or highway right-of-way lines as existing shall be construed to be such boundaries regardless of whether the plat drawings reflect existing conditions.
B.
Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines as existing based on surrounding alleys, streets, or highways in relation to public utility locations shown on the plat map shall be construed to be said boundaries.
C.
The Village of Oakwood will determine said boundaries to the best agreement of visible or easily identified alleys, streets, or highways in relation to public utility locations for permit approval purposes and setbacks. Determining the exact boundary locations is the responsibility of the property owner by hiring a licensed surveyor and providing a professional survey by said surveyor to the Village of Oakwood in consideration of the permit application.
§ 290-4 Districts.
A.
The districts into which the Village is divided shall be designated as follows (a map of said areas is attached hereto as Exhibit A):[1]
"A" Agricultural District is designed for agricultural uses on lands primarily in the outlying areas of the Village prior to planned unit development projects of those areas. When such projects occur, it is expected that these areas will be rezoned to a class other than agricultural, in keeping with the general plan of that portion of the Village of Oakwood. |
"R-1" Residential District. An area of structures intended to provide dwellings (single) as suburban residences with moderate-sized lots with dwellings of livable space 1,200 square feet or greater. The density shall not exceed four gross dwelling units per acre. |
"R-2" Residential District (Mobile or Manufactured Home). An area of structures, transportable in one or more sections, that while in the traveling mode is eight feet or more in width or 40 feet or more in length, or, when erected on site, is 320 square feet or more, and that is built on a permanent chassis and designed to be used as a mobile home or house trailer with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. This definition excludes: motor vehicles, boat trailers, single- or dual-axle utility trailers, permitted temporary construction trailers, campers, or recreational vehicles. |
"R-3" Residential District. An area of structures intended to provide dwellings (two-family), dwellings (multiple), and community living facilities that are classified as Categories I, II, or III. |
"C" Commercial District is intended to provide for most of the existing retail and service needs of the Village, excepting the downtown business districts, large-scale and bulk commercial uses, and uses which require outdoor display of material, merchandise, or inventory. This district recognizes that most of the existing retail and service uses are located adjacent to residential land uses. The designation of a district shall permit the continued existence and expansion of commercial uses, while reducing the conflict between residential and nonresidential uses. |
"I" Industrial District is intended to provide an area for manufacturing, assembly, warehousing, and other operations that require heavy equipment, produces additional noise, and chemicals. Every use of land or structures shall be operated in compliance with all applicable local, state and federal regulations, including the State of Illinois Pollution Control Board rules and regulations hereby incorporated by reference. Every application for a building permit or occupancy permit within an Industrial District shall have affixed to it the certificate of a registered professional engineer licensed by the State of Illinois certifying that the building or structure, and the proposed use thereof, complies with all the provisions of this Zoning Code respecting performance standards for industrial and similar uses. The Zoning Administrator shall, upon receipt and upon complete review (either by said Zoning Administrator and/or any outside technical review agency selected by the Village) of such application, approve and authorize the issuance of a building permit or occupancy permit, provided the applicant has complied with all other relevant provisions of this code. |
[1]
Editor's Note: Exhibit A is on file in the Village offices.
B.
If the Zoning Administrator determines it desirable to have some outside technical agency review applicant plans and permit application, then the applicant shall pay to the Village in advance a sum sufficient to reimburse the Village for such technical reviews. The Zoning Administrator may, however, withhold issuance of a building permit or occupancy permit because of examination of the plans or based on other evidence if the proposed activity will not in fact comply with the performance standards. The Zoning Administrator shall advise the applicant's architect or engineer in writing of such denial.
C.
The Zoning Administrator may also obtain an injunction or other appropriate legal or equitable relief, including but not limited to specific performance, writ of mandamus or mandatory injunction, to prevent, remedy, or abate any violations which occur after a building or occupancy permit is issued, which relief shall be in addition to any ordinance prosecutions for fines only. Each day a violation exists shall be considered a separate occurrence and violation as outlined in this Zoning Code.
D.
The boundaries of these districts are shown on the District Map, referred to herein and made part of this chapter by reference. The original District Map shall be properly attested to and kept on file with the Village Clerk, as well as at the office of the County Recorder of Vermilion County.
E.
The District Map shall be reviewed in January of each year by the Village Board of Trustees. Any proposed changes shall be voted upon, and the District Map shall be updated accordingly.
§ 290-5 Uses.
A.
Permitted uses. The following uses shall be permitted in the Village of Oakwood:
(1)
Accessory buildings subject to size and setback requirements.
(2)
Manufactured home subject to size and setback requirements.
(3)
Mobile home or house trailer in the mobile home park subject to size and setback requirements.
(4)
Parking, both private and public, with access beyond private lot lines.
(5)
Pool, hot tub, pond, or other water storage or holding apparatus.
(6)
Private and public property maintenance, subject to improvement value.
(7)
Private gardening, nurseries, orchards, and greenhouses.
(8)
Publicly owned and operated property subject to size and setback requirements.
(9)
Pumping or booster stations along a pipeline, or substations along an electric transmission line.
(10)
Roadside stands offering for sale only farm products which are produced on the premises.
(11)
Single-family dwelling subject to size and setback requirements.
(12)
Temporary buildings, the uses of which are incidental to construction operations being conducted on the same or adjoining tract or subdivisions and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner.
B.
Special uses. The following uses shall be allowed by special use permit only:
(1)
Cemetery or mausoleum.
(2)
Churches, or similar places of worship, parish houses, convents.
(3)
Community living facility dwelling, category I, II, or III.
(4)
Commercial retail facility.
(5)
Commercial unit(s) for improvements that were built prior to 1980, as a commercial unit(s) and being converted to residential use.
(6)
Convalescent home, nursing home or housing for the elderly.
(7)
Country clubs and golf courses, miniature golf courses, and practice driving ranges.
(8)
Drive-in restaurant.
(9)
Drive-in theater.
(10)
Filling stations, automobile repair shops, automobile body shops.
(11)
Funeral home.
(12)
Government buildings.
(13)
Industrial manufacturing facility.
(14)
Medical or veterinary hospital, clinic, or institution.
(15)
Multiple-family dwelling.
(16)
Parking facilities for nonresidential uses.
(17)
Pavilion for public use.
(18)
Pharmacy.
(19)
Printing shop.
(20)
Preschool/day-care/child-care facility.
(21)
Public or private schools.
(22)
Public and parochial schools and institutions of higher education, public libraries, municipal buildings.
(23)
Public parks, public playgrounds, and recreational areas operated by membership organizations for the benefit of their members and not for gain.
(24)
Public parks, playgrounds, recreation areas and conservation areas.
(25)
Radio tower, broadcasting station or telecommunications tower.
(26)
Removal of gravel, topsoil, or similar natural material.
(27)
Riding stable.
(28)
Roadside stand, commercial amusement, or recreational development for temporary or seasonal periods.
(29)
Row house dwellings.
(30)
Stores and shops where goods are sold and/or services are rendered primarily at retail.
(31)
Theaters (except drive-in theaters), assembly halls, restaurants, and cafes.
(32)
Fire or electrical shops or similar trade.
(33)
Two-family dwelling.
(34)
Warehouse, including self-storage warehouse.
(35)
Welding shops.
(36)
Wholesale merchandising when incidental and subordinate to a primary retail business.
C.
Any special use permit is subject to the provisions specified for such districts and allow:
(1)
Compounding of cosmetics, toiletries, drugs, and pharmaceutical products.
(2)
Manufacturing uses which do not create any more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, lint, odors, heat, or glare than that which is generally associated with light industries.
(3)
Manufacture of boxes, crates, furniture, baskets, veneer, and other wood products of a similar nature.
(4)
Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, printing and finishing of textiles and fibers into fabric goods.
(5)
Manufacture or assembly of medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games and electrical or electronic apparatus.
(6)
Manufacture or storage of food products, including beverage blending or bottling, bakery products, candy manufacture, fruit and vegetable processing and canning, packing, and processing of meat, and poultry products, but not slaughtering of poultry or animals.
(7)
Wholesale merchandising or storage warehouses.
§ 290-6 Area, height, and yard regulations.
Except as provided elsewhere in this code, the area, height, and yard regulations shall be shown as in the following table. Setbacks shall be measured from the nearest parallel parcel lot line.
District | Maximum Height | Minimum Yard Setbacks Depth/Width (feet) | Minimum Average Lot Width (feet) | Minimum Lot Area Per Family (square feet) | |||||
|---|---|---|---|---|---|---|---|---|---|
Stories | Feet | Front | Side | Rear | Single | Two | Multiple | ||
A | 4 | 50 | 15 | 15 | 15 | 100 | N/A | N/A | N/A |
R | 2.5 | 35 | 30 | 15 | 30 | 75a | 7,500 | 4,000 | 3,000 |
C | 3 | 40 | 15 | 10 | 15 | None | N/A | N/A | N/A |
I | N/A | N/A | 25 | 25 | 25 | None | N/A | N/A | N/A |
NOTES: |
The lot width between the farthest front point of the main building and the farthest back point of the main building shall be no less than 75 feet in R Districts. If a lot has a narrow driveway access (e.g., "pennant-shaped lot") at the front or the back, the narrow access area shall be included in calculating the average lot width. Any such narrow access drive shall be excluded in calculating the setback requirement if the Zoning Administrator determines that to do so is consistent with the intent of this code. In no event shall any pennant-shaped have a frontage to a road of less than 35 feet or a setback from any boundary line of less than that required for the side yard setback. |
§ 290-7 Modifications.
A.
The height and area regulations specified in the foregoing are modified as specified below to allow for existing conditions and approved variances within the specified district.
B.
Any lot of record at the time of passage of this chapter having less area or width than herein required may be used for a single-family dwelling.
C.
In commercial districts only, the front yard setback may be reduced to the same distance as an immediately adjacent, existing building in the same block. In residential districts, the front yard setback requirement shall be reduced to the greater of the existing setback of two immediately adjacent existing houses.
D.
A side yard shall be maintained on each side, but such side yard setback may be reduced to 10% of the lot width on existing lots of less than 75 feet in width; provided, however, that no side yard setback shall be less than 7 1/2 feet.
E.
The side yard setback on the street side of a corner lot shall be the same as the required front yard setback on such street, except that the buildable width of the front of the building shall not be reduced to less than 32 feet, and no accessory building shall project beyond the required front yard on either street.
F.
The side yard setback on a two-family dwelling shall equal a one-family dwelling on one lot.
G.
A rear yard setback may be reduced to 20% of the depth of the lot on any lot not exceeding 125 feet in depth.
H.
The ordinary projection of roof overhangs, sills, belt courses, cornices, and ornamental features, except for covered porches and patios, may not exceed 24 inches when the main building is located at the minimum allowed setback.
I.
Where a lot is in a commercial or industrial district and is used for commercial or industrial purposes, more than one main building may be located on the lot or tract but only when such buildings conform to all open space requirements around the lot for the district in which the lot is located.
J.
In residential districts and agricultural districts, chimneys and antennas may be no higher than five feet above the highest point of the roof. In commercial and industrial districts, chimneys, antennas, mechanical apparatus, elevator tower and stair towers may be no higher than 10 feet above the highest point of the building.
K.
Public, semipublic, or public service buildings, hospitals, institutions, churches, and schools, when permitted in a district, may be erected to exceed height limits specified for the district, provided all required setbacks are increased by one foot for each one foot of building height above the specified height limit.
§ 290-8 Row houses.
Special regulations regarding row houses shall be as follows:
A.
In districts where row house buildings are permitted and row houses are to be constructed (or converted from apartments) for sale, each on its own separate lot, to individual owners, such row houses shall not be subject to the minimum lot requirements but instead shall be subject to the minimum requirements specified in this chapter.
B.
Minimum lot area for a row house lot shall be not less than 4,000 square feet per house.
C.
Minimum frontage of a row house lot on a public street shall be not less than 30 feet on a standard lot and not less than 50 feet on a corner lot.
D.
No side yard shall be required along any side lot line which is common to two attached row houses, whether they be on interior or exterior row house lots. One side yard conforming to the minimum residential setback requirement shall be required along the side lot lines of an exterior row house lot where such lot is not common to that of any other attached row house.
E.
Front yard and rear yard requirements for all row house lots containing row houses shall conform to the minimum residential setback requirements.
F.
A minimum lot width of 40 feet shall be provided for all interior row house lots.
G.
Row houses shall be developed on subdivided lots with no more than three units per building, nor shall such building exceed 120 feet in continuous width.
H.
The maximum lot coverage (by a row house dwelling) for a row house lot shall be 40% and not less than 1,800 square feet of open space shall be provided on each row house lot.
I.
Exterior treatment of attached row houses shall be integrated. Exterior of buildings shall be maintained in their original color and treatment unless otherwise agreed to in writing by all affected lot owners.
J.
An unobstructed easement shall be provided across the side and rear eight feet of each exterior row house lot, when adjacent to an interior row house lot, and across the rear eight feet of each interior row house lot, when adjacent to another interior row house lot, for ingress and egress of adjacent interior row house lot owners for access and maintenance purposes. Said access easement shall be unobstructed and physically passable. This easement shall be incorporated into each deed-transferring ordinance to the property and any replat of the lots involved.
K.
A party wall agreement shall be included in the subdivision covenants for each row house lot setting forth provisions for repair of common walls, repair of common utility service connections, reconstruction of the common building in the event of damage or destruction of one or all of the dwelling units and common maintenance and repair of joint facilities.
L.
The coincident property walls (party wall) of each row house shall be constructed in a manner which complies with the standards for common walls, and in any event, each common wall shall have a minimum fire resistance rating of not less than two hours.
§ 290-9 Accessory buildings and uses.
Accessory buildings and uses are permitted when in accordance with the following:
A.
A noncommercial greenhouse that does not exceed in floor area 25% of the ground floor area of the main building.
B.
A private residential garage used only for the housing of passenger vehicles and with a floor area of not to exceed 750 square feet. An additional floor area of 100 square feet may be provided for each 3,000 square feet of lot area by which such lot exceeds 6,000 square feet, provided that no garage shall exceed 1,500 square feet nor house more than five passenger vehicles.
C.
An accessory building may be placed only within a required rear yard area, which is defined as 20 feet farther back from the front of the main building if also located in a side yard area and may occupy not more than 30% of the area of such required rear yard, provided that no part of said structures, including any overhang or other projections therefrom, shall be located closer than three feet to the rear lot line, nor closer than three feet to the side lot line.
D.
To the benefit and use related to residential occupation of a dwelling or mobile home for storage of yard maintenance equipment, pool maintenance equipment, or similar benefit to remote use from the main dwelling.
E.
Tennis courts, swimming pools, yard sheds, pergolas, ornamental gates, barbecue ovens, fireplaces or burn pits, fences, and similar uses customarily accessory to residential uses.
F.
Vegetable or flower gardens.
G.
Trees, shrubs, or ornamental plants given that overhang of such items, and not just the base, trunk, or stems entering the ground, extending across lot lines may result in costs and liability for removal by the property owner where the base, trunk, or stems entering the ground originate. Property owners may not plant any item on the property line as a marker, divider, or separation of property and must maintain all items that grow outside or beyond their lot line including items located between a public sidewalk and the property lot line. Trees, shrubs, or ornamental plants in an easement or public right-of-way may be removed by the Village of Oakwood without notice and the cost of removal invoiced to the property owner where the trees, shrubs, or ornamental plants base, trunk, or stems entering the ground originated. Trees and shrubs may not be planted between a public or private road and sidewalk for public use.
H.
No accessory building shall be constructed upon a lot until the construction of the main building has commenced, and no accessory building shall be used unless the main building on the lot is also being used. However, nothing shall prevent the use of a temporary construction shed or road wagon for the storage of tools, material, and equipment by a contractor during building construction.
I.
Accessory buildings may not be used as dwelling units or for sleeping purposes.
§ 290-10 Swimming pools; hot tubs; ponds.
Private swimming pools, hot tubs, ponds, or portion thereof, including but not limited to aprons, walks, greenery, shrubs, etc. and mechanical equipment integral to the system (hereafter "pool"), are permitted as an accessory to residential use and subject to setbacks. Private aboveground swimming pools of a designed water depth of less than two feet and that do not contain an electric water pump or plumbing are exempt. The permit fee shall be $50 for each required visit by a representative of the Village of Oakwood to approve a pool permit application. The property owner must provide documentation of proper wiring, plumbing, fence or means of preventing access to the area, and avoidance of both overhead and underground utilities. The property owner shall be responsible for identifying utilities at the site prior to the schedule permit approval site visit. All swimming pools with an electrical pump and hot tubs must be ground-fault protected and satisfy requirements listed in the National Electrical Code 2022.
A.
A private pool must be operated for the exclusive use of residents of the lot and their invited guests and not operated as a business or private club.
B.
A pool shall not be located within a front yard, or side yard closer to the front property line than the main building and shall not be located closer than five feet to a rear or side property lot line nor located closer than three feet of any utility easement area.
C.
A pool shall not be located closer than 10 feet measured horizontally from an overhead electrical wire, telephone wire, cable TV wire, or any other type of wire, nor within 25 feet measured horizontally from high-voltage electrical feeder wires (i.e., power poles). All diving boards, diving platforms, and diving towers shall not be located closer than 17 feet measured horizontally from all overhead wires.
D.
A pool shall not be located closer than five feet measured horizontally from a buried wire unless buried wire is routed in approved underground conduit.
E.
A pool shall not change the existing water drainage characteristics of the site to cause water to drain onto an adjacent property.
F.
Pools of a design water depth of three feet or more must be enclosed by a separate fence of at least four feet high and gates of at least four feet high with lockable latches, constructed without horizontal rungs or points that could be used for climbing the fence. The side walls of an aboveground pool shall not be considered as a fence for the purpose of satisfying the requirements of this chapter.
G.
The maximum width of openings (spacing/gaps) in the fence shall be four inches. The maximum spacing between the bottom of the fence and the ground shall be two inches.
§ 290-11 Mobile homes or house trailers.
A.
Any mobile homes or house trailers (hereafter "mobile home") brought into the Village of Oakwood after the time of passage of this chapter and all amendments thereto, shall only be installed in the mobile home park area except for designated construction trailers used during the period of construction and removed immediately at the conclusion of construction and prior to receiving and occupancy permit.
B.
A mobile home shall not be located and used for living, sleeping, business, commercial or storage purposes outside of the approved mobile home park.
C.
A mobile home shall have been manufactured within the preceding five years of the date it is brought into or relocated within the Village of Oakwood.
D.
A mobile home shall be separated from other mobile homes by an open yard of not less than 20 feet.
E.
A mobile home lot shall have a width of greater than 30 feet or a depth of greater than 100 feet.
F.
A mobile home shall not occupy more than 25% of the respective lot area. The accumulated occupied area of the mobile home and its accessory structures on a mobile home lot, including parking space and driveway, shall not exceed 50% of the respective lot area.
G.
All mobile homes shall be located at 40 feet from the exterior property district boundary line of it is located within.
H.
All mobile homes or other structures shall have a front and rear yard of at least 25 feet from the right-of-way of any public or private street.
I.
A mobile home shall be located within 100 feet of a public or private street, and shall have free and unobstructed access to the street.
J.
A mobile home stand shall have, or shall be improved to have, adequate support to tie down the mobile home. The stand shall not heave, shift, or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration, wind, or other forces acting on the structure. Anchors or tie-downs shall comply with the Tiedown Act[1] administered by the Illinois Department of Public Health.
[1]
Editor's Note: See 210 ILCS 120/1 et seq.
K.
Each mobile home lot shall be provided with an outdoor living and service area. The minimum area shall be not less than 300 square feet, with at least one open area dimension of 15 feet.
L.
Each mobile home shall be skirted to enclose the space between the ground and the bottom of the mobile home.
M.
It shall be unlawful for any person to bring into or relocate a mobile home within the corporate limits of the Village of Oakwood without first securing a permit to do so.
§ 290-12 Minimum parking space quantities.
No building shall be erected, enlarged to the extent of increasing the floor area by 20% or more, or changed in use unless there is provided on the lot or already provided by public parking spaces within 300 feet of the front door of the building, space for the parking of passenger vehicles or other vehicles in accordance with the following minimum requirements. Duplicate counting of public parking spaces shall only be permitted when there is also no overlap in days and hours of operation for existing buildings in the area. For example, multiple businesses with equivalent business hours may not each count the same public parking spaces in the available number of overall parking places to meet the requirements below.
A.
Any auditorium, theater, and other place of public assembly must have one parking space for each five seats.
B.
Any church or temple must have one parking space for each five seats in the main auditorium.
C.
Any community center, library, museum, or similar public or semipublic building must have one parking space for each 300 square feet of floor area in the building.
D.
Any day-care facility must have three parking spaces for each two employees.
E.
Any funeral home must have one parking space for each 100 square feet of parlor area, plus one space for each vehicle maintained on the premises.
F.
Any gasoline and service station must have one parking space for each 250 square feet of floor area devoted to retail sales. The area designated for cars using the pump islands may not be counted as parking spaces.
G.
Any hotel and motel must have three parking spaces, plus one space for each sleeping room or suite.
H.
Any manufacturing or industrial establishment must have two parking spaces for every three employees on the maximum shift or one space for each 1,000 square feet of floor area, whichever is greater, plus space to accommodate all trucks and other vehicles used in connection therewith.
I.
Any medical/dental clinic, or bank building must have one parking space for each 250 square feet of the gross area used for this purpose.
J.
Any mobile home, house trailer, or manufactured home must have two spaces for each unit.
K.
Any multiple dwellings must have two spaces for each dwelling unit, provided that for any unit with more than 300 square feet of bedroom area, one additional parking space shall be provided for each additional 100 square feet, or part thereof, more than said 300 square feet of bedroom area.
L.
Any nursing home/residential care facility/elderly housing must have one parking space for every two beds.
M.
Any private club or lodge must have one parking space for each 400 square feet of floor area.
N.
Any restaurant, cafe, fast food, or bar, pub, saloon must have one parking space for each 150 square feet.
O.
Any retail establishment must have one parking space for each 250 square feet of floor area.
P.
Any high schools, colleges, and universities must have 10 spaces per classroom, and elementary schools must have two parking spaces per classroom.
Q.
Any single-family and two-family dwellings must have two spaces for each dwelling unit.
R.
Any wholesale, warehouse or similar establishment must have one space for each 2,000 square feet of floor area.
S.
All other nonresidential buildings, except those above specified, must have one space for each 300 square feet of floor area.
§ 290-13 Rules for computing parking spaces.
In computing the number of required off street parking spaces, the following rules shall apply:
A.
"Floor area" shall mean the gross floor area of the specified use, excluding any floor or portion thereof used for parking, as herein defined.
B.
Where fractional spaces result, the parking spaces required shall be the nearest whole number.
C.
In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
D.
Whenever a building or use constructed or established after 2005, is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, parking spaces shall be provided based on the enlargement or change. Whenever a building or use existing prior to 2005 is reconstructed or is enlarged to the extent of 20% or more in floor area, said building or use, in its entirety, shall then and thereafter comply with the parking requirements set forth herein. Any enlargement or change in use of less than 20% of the gross floor area shall be provided with additional parking based on the enlargement or change.
§ 290-14 Parking space and driveway specifications.
A.
All permanent regular parking and driveway areas shall be established using an approved surface such as concrete, asphalt, or gravel or firm aggregate (hereafter "paving").
B.
All parking, access to parking such as driveways and approaches, or passages between public sidewalks must meet the current addition of IDOT Standard Specifications for Road and Bridge Construction.
C.
Parking shall be maintained in a usable, dustproof condition and graded and drained to dispose of all surface water.
D.
Whenever lighting is provided, it shall be hooded or shielded as to direct light downward and away from abutting or neighboring property, including any public right-of-way.
E.
Permanent regular parking in grass, alleys, easements, or any other unapproved surface is not permitted.
F.
Designated parking spaces must be accessed by continuous driveways from the public right-of-way.
G.
Designated parking spaces between a public or private road and public sidewalk must meet the requirements of this chapter.
H.
Designated parking spaces between a public or private road and public sidewalk for private use must receive a permit from the Village of Oakwood. Private parking spaces between a public or private road and public sidewalk for private use will be considered a public parking place unless permission to post a private parking sign is granted to the adjacent homeowner by the Village of Oakwood. In no case can a private drive be blocked, nor the area between the private parking area and public or private road be blocked and used for public parking.
I.
Parking at a residential lot is required to be located directly in front of the garage door(s), when present, to the nearest public right-of-way and not wider than 150% of the width of the garage doors on the main building to minimize paving of the lot. Additional paving for areas devoted to parking and access thereto shall not exceed 20% of the total remaining lot area after subtraction of the dwelling area and accessory building(s) area from the lot area.
J.
Multiple dwelling, nonresidential, commercial and industrial uses shall have the location of each parking space and the direction of movement along the access driveways indicated by painting upon the surface of the lot. A structurally sound abutment shall be installed and so placed around each side of the parking lot to ensure that no part of an automobile either extends over or is capable of accidentally rolling across the property line of the parking lot.
K.
All commercial and industrial parking must allow for snowplows and heavy vehicles for garbage disposal or delivery trucks.
L.
On residential lots, the following shall regulate the parking of heavy trucks, trailers, recreational vehicles, watercraft, and off-the-road vehicles:
(1)
No person shall park any vehicle more than 10,000 pounds, bucket truck, semitrailer, heavy equipment trailer, agricultural wagon trailer, or pole trailer on any residential lot, or within or on the side of a public right-of-way, alley, or easement,
(2)
Recreational watercraft greater than 20 feet in length, and off-the-road nonlicensed vehicles shall be stored inside a carport or garage, outside behind the face of the principal building, or outside in the front yard at least five feet from the front lot line, provided said parking is for loading and unloading operations completed within a twenty-four-hour period, and space is not available in the side yard, or there is no reasonable access to either the side yard or rear yard. A lot shall be deemed to have reasonable access to the rear yard if terrain permits and access can be had without substantial damage to existing large trees or landscaping. A corner lot shall be deemed to have reasonable access to the rear yard.
(3)
The length of the watercraft shall not include any portion of any trailer used for transporting the watercraft which extends beyond the watercraft itself.
M.
No more than two commercial vehicles shall be parked on any residential lot at any time. Such commercial vehicles shall not exceed one-ton capacity and shall be used by an occupant of the dwelling for personal or business transportation. Commercial vehicles engaged in lawful construction or service operation on the site are exempt from this requirement.
N.
Off-site parking for residential uses must be located immediately adjacent to the use or within 300 feet of the principal use and designated for public parking without limitations on days and hours of use. The distance shall be measured from the nearest point of the parking facility to the nearest point of the lot occupied by the building or use that such facility is required to serve.
O.
When off-site private parking facilities are provided on a lot other than the lot upon which the building or use requiring such facilities is located, the owner of the lot upon which the principal use is located and the owner of the lot upon which parking is provided, shall execute a written covenant containing at least the following terms:
(1)
The lot on which the parking facility is located will be used and maintained solely for off-site parking purposes for such principal use, describing the premises for which said parking is provided.
(2)
The covenant shall be in effect so long as the structures comprising such principal use continue to exist without sufficient parking elsewhere or upon the lot with the principal use, or termination of the covenant is approved by the Village Board of Trustees.
(3)
The parking lot or portion of the parking lot shall contain appropriate signage to indicate that certain parking spaces are reserved for the use described in the covenant.
P.
Dimensions for parking spaces shall meet the standards in the following tables regarding minimum stall depth, aisle, and space and module widths:
Type | Width | Length |
|---|---|---|
Standard | 8 feet 9 inches | 18 feet 6 inches |
Parallel | 8 feet 6 inches | 22 feet |
Handicap | 16 feet | 18 feet 6 inches |
Angle | Space Width | Stall Depth | Aisle Width | Module Width (Two Rows Of Parking) |
|---|---|---|---|---|
45° | 8 feet 9 inches | 17 feet 6 inches | 14 feet | 49 feet |
60° | 8 feet 9 inches | 19 feet | 16 feet | 54 feet |
75° | 8 feet 9 inches | 19 feet 6 inches | 18 feet 6 inches | 57 feet 6 inches |
90° | 8 feet 9 inches | 18 feet 6 inches | 23 feet | 60 feet |
Parallel | 8 feet 9 inches | 22 feet | 13 feet | 30 feet |
NOTES: | |
a. | Aisle widths noted are for one-way aisles except for 90° parking, which must provide a two-way aisle. |
b. | Motor vehicle display lots are not required to park display vehicles in accordance with these standards. Such display lots are required to meet all other applicable standards for parking lots. |
c. | |
d. | Driveway width to single or tandem parking spaces shall not be less than 10 feet wide. |
e. | Driveway width to parallel parking spaces shall not be reduced to less than 15 feet wide at the frontage of the property subject to the minimum widths and depths above to provide adequate area to align the vehicle into the designated parking spaces. |
§ 290-15 Sign code.
As used in this chapter, the following definitions shall apply unless the context otherwise indicates:
A.
Sign. Any structure or part thereof, or any device attached to, painted on, or represented on a building or other structure, upon which is displayed or included any representation used as, or which in nature is an announcement, direction, advertisement, or other attention-directing device. A sign shall not include a similar structure or device located within a building except for illuminated signs within show windows.
B.
A sign includes any billboard, marquee, or advertisement, but does not include the flag, pennant, or insignia of a nation or association of nations, or of any state, city, or other political unit, or of any political, charitable, educational, philanthropic, civic, professional, religious or like campaign, drive, movement, or event.
C.
The size limits for signs, as provided hereinafter, are cumulative and shall apply to the total of all signs on a single lot. Double-sided signs shall count as two signs.
D.
Sign area. That area within the outer extremities of all letters, figures, characters, delineations, digital or electronic boundaries, or within the outer extremities of the framework or background of the sign, whichever is the larger area. The support for the sign background, whether it be columns, a pylon or a building or part thereof, shall not be included in the sign area.
§ 290-16 Sign uses.
A.
No sign shall be erected on any residential lot unless the party seeking to erect said sign first applies for and receives a special sign permit to advertise a home-based business or service.
B.
In subdivisions where four or more undeveloped lots are owned by the subdivision developer, a sign announcing the names of the developer, architects, engineers, contractors, or other individuals or firms, involved with the subdivision of property (but not including any advertisement of anything not related to the subdivision) or announcing the layout or character of the subdivision or the purpose for which it is intended shall be allowed, given that the signs shall be confined to the site of the subdivision, and shall be permitted for one year from the date of erection of the first of such signs. If development of the subdivision is not completed within one year after erection of the signs, the sign shall be permitted to exist an additional period, not to exceed one year unless approved by the Village Board of Trustees.
C.
No sign containing more than 32 square feet may be erected on any agricultural lot unless the party seeking to erect said sign first applies for and receives a special sign to advertise an agricultural business or service.
D.
No sign containing more than 150 square feet may be erected on any commercial or industrial lot unless the party seeking to erect said sign first applies for and receives a special sign to advertise a commercial business or service subject to the sign may not exceed 50% of the lot width.
E.
The application for a special sign permit shall contain: the name, address and telephone number of the applicant and owner of the property where the proposed sign is to be located, an adequate description of the exact location where said proposed sign is to be located, the exact dimensions, design, materials, and nature of said sign, and any further applicable information such as drawings or renderings. If the applicant is not the owner of the property and is renting or leasing the property on which the sign will be located, then a letter signed by the owner approving the request shall be submitted with the application.
F.
Signs that were erected prior to 2005 but would now be subject to special sign permit requirements, or signs that were erected pursuant to a special sign permit, as provided for herein, may be replaced with a sign that is substantially the same as the original sign in location, dimensions, and appearance.
G.
No sign structure shall be erected or placed at the intersection of any street in such a manner as to obstruct free and clear vision, or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or which makes use of the words "stop" or "danger" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse vehicular traffic.
H.
Electronic signs shall be located at least 20 feet measured horizontally from the edge of any public right-of-way. The parking lane along a public right-of-way may be included in the setback distance. All electronic signs must be equipped with automatic dimming technology that is not programmed by only a timer and will automatically reduce brightness to adjust for ambient light conditions. All electronic signs must be UL rated, FCC approved, and state the sign manufacturer, electrical load, model number, and contact information.
I.
Sign maintenance shall be the duty of both the owner and occupier of the premises upon which the sign is erected. The appearance of any sign shall not be allowed to become unsightly and if repair, cleaning, or painting of any said sign is deemed to be necessary by the Village Board of Trustees, then within 60 days of notification of such necessity by the Village Board of Trustees, the said owner or occupier of said premises shall complete said repair, cleaning, or painting. If such repair, cleaning, or painting is not accomplished within said time, then said failure shall constitute a violation of the provisions of this chapter.
J.
All signs that no longer serve their purpose shall be removed by the owner or occupier of the premises. When any such sign is removed, such removal shall be completed with due care and with concern for the appearance of the premises as well as safety on said premises and nearby properties. Any supporting structures, such as sign standards or frames, shall also be removed, and any holes or excavations shall be filled to equal immediately surrounding surfaces. In the event that such removal is not in compliance with this chapter, the notice of said failure shall be given to the owner or occupier of the premises and if said work is not completed in compliance with said notice within 30 days of the mailing of said notice, then said owner or occupier shall be deemed to be in violation of the provisions of this chapter.
K.
It shall be unlawful to adhere, paste, paint, print, or fasten any handbill, sign, poster, advertisement, or notice of any kind on any curbstone, flagstone, masonry, or any other portion or part of any sidewalk, or upon any tree, hydrant or other public property, or upon any private wall, door or gate (without the consent in writing of the owner of such wall, door or gate); provided, however, that nothing herein contained shall be construed to apply to the posting of legal notices by officers or attorneys in the manner and places prescribed by law, or on wooden posts or poles, provided the owner of such wooden posts or poles has granted consent of the posting. The Village may remove and destroy, or cause to be hidden from public view, any such prohibited signs or other prohibited signage promoting hate speech, racism, discrimination, violence, or other personal attack on public or private property in the public view.
