The maintenance of yards, courts and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts or other open space, or minimum lot area allocated to any building, shall by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.

(Ord. 280 § 4.05, 1968.)

A.

No zoning lot shall hereafter be divided into two or more zoning lots unless the aggregate areas of the resulting zoning lots thus created conform with all of the applicable bulk regulations of the zoning district in which the property is located, without the granting of any variation. Subject to the requirements of Section 17.32.030 any zoning lot may be divided into as many resulting zoning lots as may in the aggregate not exceed such applicable regulations; provided, that no resulting zoning lot shall have less than 90% of the required minimum width at the building line nor less than 65% of the minimum lot area otherwise required for lots in the applicable zoning district. The yard requirements for the original zoning lot as stated in this chapter shall not be applicable to distances between buildings located on the original entire zoning lot (except that such distance shall not be less than required by the applicable fire code). No building may be constructed closer to a lot line of the original entire zoning lot than the distance which would have been allowable if the original zoning lot had not been divided. See Section 17.64.060 for variation which may be granted by the zoning board of appeals.

B.

Application for any such division of a zoning lot shall be made to the zoning administrator, accompanied by eight copies of the proposed plat of resubdivision and eight copies of all data and/or statements necessary to show that the proposed resubdivision conforms with all of the bulk regulations of the applicable zoning district and all of the applicable municipal regulations. The proposed plat of resubdivision and supplementary data must include all information and conform to all requirements of Chapter 24, Article II, Division 12, Section 8 of the Illinois Revised Statutes, as amended from time to time, and if the proposed resubdivision is subject to the provisions of the Plat Act (Chapter 109, Illinois Revised Statutes), as amended from time to time, the proposed plat must include all information required by the Plat Act.

C.

Upon receiving such application and all required documents, the zoning administrator shall refer the application and documents to the plan commission for preliminary approval or disapproval, and shall notify the city council of the general description of the proposed resubdivision. The plan commission shall consider the proposed resubdivision in accordance with the provisions of Chapter 24, Article II, Division 12, Section 8 of the Illinois Revised Statutes, as amended from time to time, and if the proposed plat is approved, the plan commission shall forward a notice of approval to the city council. In its recommendations, the plan commission may require any conditions or restrictions in the granting of the special use which it deems necessary in order to promote the public safety, health and welfare. The plan commission shall have the authority on subdivisions to require when it deems it necessary in order to preserve the public safety, health, and welfare, streets, sidewalks, curbs, drainage easements and utility easements. The city council, upon receipt of the recommendations, shall accept or reject the proposed plat as forwarded by the plan commission. If accepted by the city council, the applicant may apply to the city council for final approval of the plat as provided in Chapter 24, Article II, Division 12, Section 8 of the Illinois Revised Statutes, as amended from time to time.

D.

The provisions of subsections A through C of this section shall not apply to any zoning lot which consists of more than one lot of record.

E.

The provisions of this chapter concerning plan commission hearing shall not apply to subdivisions which meet the following requirements:

1.

Zoning lots of less than 1 acre;

2.

Instances where no more than two resulting lots are created by the subdivision and each resulting lot meeting the bulk requirements in the zoning district.

In those subdivisions not requiring plan commission hearings, the procedure shall be that the zoning administrator shall forward in such instance the proposed plat to the mayor and city clerk with a written statement that in his opinion no hearing is required because the resulting lots meet all the requirements of this section. Upon receipt of the application and opinion of the zoning administrator, the mayor shall present same to the city council for final approval, and upon approval, cause same to be recorded. No resulting lot created in accordance with this section shall be resubdivided at a later date.

F.

The fee for consideration of any proposed division of a zoning lot under this chapter shall be $50.00, and such fee shall be payable in full upon the application for a division as provided in subsection B of this section.

G.

Division of zoning lots not meeting the requirements set forth in this section may be permitted as a special use by the city council for good cause shown, but only after a public hearing has been held by the plan commission, at the expense of the petitioner, pursuant to petition and notice as specified in this title for other special uses, and a recommendation has been forwarded by the plan commission to the city council.

(Ord. 2002-3 (part) § 16, 2002: Ord. 713 § 2, 1980: Ord. 280 § 4.05(2), 1968.)

All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

(Ord. 280 § 4.05(3), 1968.)

No yards now or hereafter provided for a building existing on the effective date of the ordinance codified in this title shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of the title for equivalent new construction.

(Ord. 280 § 4.05(4), 1968.)

The following shall not be considered to be obstructions when located in the required yards specified:

A.

All Yards.

1.

Open terraces not over four (4) feet above the average level of the adjoining ground, but not including permanently roofed-over terrace or porch.

2.

Awnings and canopies, but not projecting more than ten (10) feet, and at least seven (7) feet above the average level of the adjoining ground.

3.

Steps which are necessary for access to a permitted building or for access to a zoning lot from a street or alley,

4.

Chimneys projecting two (2) feet or less into the yard,

5.

Arbors, trellises, flagpoles, fountains, sculptures, plant boxes and other similar ornamental objects,

6.

Fences and walls not exceeding (5) feet in height above natural grade level in front yards and not exceeding six (6) feet in height in side and rear yards;

B.

Front Yards. One-story bay windows projecting two (2) feet or less into the yards, and overhanging eaves projecting two (2) feet or less into the yard;

C.

Rear Yards. Detached off-street parking spaces, open off-street parking spaces, accessory shed, tool rooms and similar buildings or structures for domestic or agricultural storage; balconies, breezeways and open porches; one-story bay windows projecting two (2) feet or less into the yard; overhanging eaves projecting two (2) feet or less into the yard. In any residential district, no accessory building shall be nearer than four (4) feet to the side lot line, nor nearer than six (6) feet to the rear lot line, nor nearer than ten (10) feet to any principal building attached;

D.

Side Yards. Overhanging eaves projecting into the yard for a distance not exceeding forty (40) percent of the required yard width, but in no case exceeding two (2) feet.

E.

Vision Clearance—Corner Lots. No building or structure hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles shall be located:

1.

In any residential district exceeding a height of three (3) feet above the street grade within twenty-five (25) feet of the intersecting street lines bordering corner lots; and

2.

In any manufacturing district, within twelve (12) feet of the intersecting street lines bordering a corner lot; provided that this regulation shall not apply to that part of a building above the first floor.

F.

For the purpose of this section and in determining whether there is a violation of any provision stated in this section, the measurements shall be from the most protruding part of the exterior wall of a structure upon which the projection is attached.

G.

Accessory Building. In any residential district, no accessory building shall be nearer than four (4) feet to the side lot line, nor nearer than six (6) feet to the rear lot line, nor nearer than ten (10) feet to any principal building attached.

(Ord. 2002-3 (part) § 16, 2002: Ord. 88-13 § 4, 1988: Ord. 280 § 4.05(5), (6), 1968.)

On each commercial lot there will be bumpers and/or shrubbery at such locations so as to prohibit the ingress or egress of vehicular traffic except at those points where ingress and egress of vehicular traffic is permitted.

(Ord. 715 § 1, 1980.)

A.

Where forty percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed (within a variation of 150 centimeters (five (5) feet) or less) a front yard greater in depth than required in this title, new buildings shall not be erected closer to the street than the average front yard so established by the existing building.

B.

Where forty percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have not observed a front yard as required in this title, then:

1.

Where a building is to be erected within 30 meters (100 feet) of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the two existing buildings.

2.

Where a building is to be erected within 30 meters (100 feet) of an existing building on one side only, it may be erected as close to the street as the existing building.

(Ord. 280 § 4.05(7), 1968.)

When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use.

(Ord. 280 § 4.06(1), 1968.)

Any single lot or parcel of land, held in one ownership which was of record at the time of adoption of the ordinance codified in this title, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use, provided that yards, courts or usable open spaces are not less than 75 percent of the minimum required dimensions or areas.

(Ord. 280 § 4.06(2), 1968.)