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Peoria Heights City Zoning Code

CHAPTER 4

GENERAL ZONING REGULATIONS

10-4-1: ONE PRINCIPAL STRUCTURE OR USE PER LOT:

In no case other than in planned developments shall there be more than one main or principal structure or main or principal use on one lot or tract of land. (Ord. 740, 4-7-1970)

10-4-2: ACCESSORY USES:

No accessory use shall be established prior to the establishment of the main or principal use, and no accessory structure shall be constructed, erected, altered, remodeled, extended, or moved prior to the establishment or construction of the main or principal structure except those accessory uses and structures of a temporary nature required for the establishment of the main or principal use or for the construction of the main or principal structure. (Ord. 740, 4-7-1970)

10-4-3: ACCESS TO PUBLIC STREET OR PERMANENT EASEMENT REQUIRED:

No structure shall be constructed or erected on a lot or tract of land or moved to a lot or tract of land which does not abut a public street or permanent easement of access to a public street. Such easement shall have a minimum width of twenty feet (20') unless an easement of less width was on record prior to the effective date hereof. (Ord. 740, 4-7-1970)

10-4-4: APPLICATION OF PERMITTED USES TO DISTRICTS:

The uses permitted in one district shall not be permitted in any other district unless specifically stated. (Ord. 740, 4-7-1970)

10-4-5: OPEN SPACE:

   A.   No part of a yard, buffer strip, or other open space, off street parking space or loading berth, or lot area required about or in connection with any structure or use for the purpose of complying with the regulations and standards of this title shall be included as part of a yard, buffer strip or other open space, off street parking or loading berth or lot area similarly required for any other structure or use.
   B.   No yard, buffer strip, or other open space, off street parking space or loading berth, or lot shall be reduced in dimension or area below the requirements set forth in this title. Yards, buffer strips, or other open spaces, off street parking spaces or loading berths, or lots created or established after the effective date hereof shall meet at least the minimum requirements established by this title. (Ord. 740, 4-7-1970)

10-4-6: BUILDING HEIGHT AND LOCATION:

   A.   The height of any main or principal structure or accessory building may exceed the maximum permitted height by one foot (1') for each additional foot by which the width of each yard exceeds the minimum yard dimension for the district in which such structure is located.
   B.   Height regulations and standards shall not apply to spires, belfries, penthouses or domes not used for human occupancy nor to chimneys, ventilators, skylights, water tanks, bulkheads, utility poles and power silos, and other necessary mechanical appurtenances, provided their location shall conform, where applicable, to the regulations and standards of the federal communications commission, the civil aeronautics administration, and other public authorities having jurisdiction.
   C.   In no event shall any structure exceed fifty four feet (54') in height.
   D.   All buildings and all main or principal structures shall be positioned in conformation with the setback line regulations and standards specified in this title for the district in which they are located. (Ord. 740, 4-7-1970)

10-4-7: YARDS:

   A.   Reduction Of Yard Dimensions: Notwithstanding any other provision of this title, the minimum yard dimensions specified in this title shall not be reduced except through action by the board.
   B.   Unobstructed Yards: Yards shall be kept unobstructed for their entire depth except as specified in this title.
   C.   Authorized Features Permitted: Private driveways, service drives, easements, sidewalks, flagpoles, arbors, trellises, fences, walls, columns, light poles, hydrants, patios, accessory signs, and other decorative recreational items, and utility devices and equipment may be placed in any yard.
   D.   Fences, Walls And Hedges:
      1.   Restrictions On Placement: Fences, walls and/or hedges may be placed in any yard or along the edge of any yard subject to the following restrictions:
         a.   Front Yard Fences:
            (1)   No fences shall be erected in a front yard without first obtaining a variance from the zoning board of appeals. A fence constructed in a front yard shall not exceed four feet (4') without first obtaining a variance from the zoning board of appeals. A fence constructed in a front yard shall not have less than forty percent (40%) open in design without first obtaining a variance from the zoning board of appeals.
            (2)   No variance is required to repair an authorized existing front yard fence. The repair must utilize like kind and quality of materials.
            (3)   When placing a front yard fence, no fence shall be situated between the front lot line and the nearest line of a structure located on said lot without first obtaining a variance from the zoning board of appeals. "The nearest line of the structure" shall not include the space attributed to an extension of the structure (such as a deck, a porch [whether enclosed or not], a 3 season room or any other extension to the front of the dwelling space) even if said space is finished and/or used as living space.
         b.   Corner Lot Fences: Fences on corner lots, as defined in section 10-2-1 of this title, shall be set back a minimum of ten feet (10') from the property line abutting the street and shall not exceed four feet (4') in height unless the zoning board of appeals approves a variance authorizing a lesser setback and/or a greater height not to exceed six feet (6').
         c.   Interior Lot And Rear Yard Fences: Interior lot fences and rear yard fences shall not exceed six feet (6') in height. An interior lot is defined in section 10-2-1 of this title.
      2.   Administrative Approval Procedure: The procedure to obtain a permit to construct a fence shall be as follows:
         a.   Application For Permit; Plan And Compliance Required: Any person owning or having an interest in the subject property may file an application for a fence permit. Such application shall be submitted to the village administrator along with a site plan for the fence and proof that the fence complies with this subsection and the requirements herein set forth.
         b.   Approval Procedure: Upon receiving such application, the village administrator or his designee shall give notice to property owners within two hundred (200) linear feet on the same street or affected area of the request for a fence permit. When acting on an application, the village administrator or his designee shall verify conformity of the fence with the standards set out in subsection D2c of this section.
         c.   Permit Standards: When determining whether or not to issue a permit for a fence the village administrator or his designee shall consider the following:
            (1)   The approval of variances by the board of appeals; and
            (2)   The input of surrounding property owners and residents regarding compliance with the standards set forth in this section; and
            (3)   The compatibility of the proposed fence, considering its placement, height and construction, with the surrounding neighborhood and its impact on the use and enjoyment of neighboring properties; and
            (4)   Whether or not the proposed fence will impair the safety, welfare, light, or air, or substantially diminish or impair property values within the neighborhood, or impair natural drainage or create drainage problems on adjacent properties; and
            (5)   The proposed fence shall not alter the established character of the neighborhood; and
            (6)   These standards are applicable to all fence applications as herein set forth.
   E.   Corner Lot Visibility: On a corner lot, nothing shall be constructed, erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of two and one-half feet (21/2') and ten feet (10') above the centerline grades of the intersecting streets in an area bounded by the street right of way lines of such corner lot and a straight line joining points along said street right of way lines fifty feet (50') from the nearest point of intersection. Beyond such fifty foot (50') limits, subsection D of this section shall apply. (Ord. 2016-1476, 6-21-2016)

10-4-8: SWIMMING POOLS:

   A.   Permit Requirements:
      1.   Permit Required: All swimming pools with a depth of more than thirty six inches (36") require a village swimming pool permit.
      2.   Application For Permit: Any person owning or having an interest in the subject property may file an application for a required swimming pool permit. Such application shall be submitted to the village building inspector with a plan of the swimming pool and proof that the swimming pool complies with the requirements herein set forth and indicating all dimensions including lot size, setbacks and length, width and depth of the pool.
      3.   Permit Fee: The permit fee is twenty five dollars ($25.00).
      4.   Review Of Application; Issuance Of Permit: Upon receiving the application, the village building inspector shall determine if the application is in conformity with required standards. If all the standards are met, the village building inspector shall issue a swimming pool permit. The village building inspector or his designee will make a final decision within five (5) business days of receipt of a complete application for a required swimming pool permit.
      5.   Appeals: If the permit is denied or if the applicant objects to modifications, the applicant may appeal to the zoning board of appeals. The zoning board of appeals may approve, modify or disapprove the application. The decision of zoning board of appeals shall be in writing, with copies to the applicant and the village board.
   B.   Requirements: All swimming pools with a depth of more than thirty six inches (36") shall comply with the following requirements:
      1.   Inground Pools:
         a.   Location: Inground pools must be located at least five feet (5') or ten percent (10%) of the lot's width from any side or rear property line. Pools may not be located in the required front yard or between the principal structure and the right of way line.
         b.   Fence: All inground pools require the installation of a fence which has a minimum height of five feet (5') and completely encloses the pool. The framing and bracing must be on the inside of the pool enclosure. Lockable gates are required and must be locked when the pool is not in use. The fence must be nonclimbable. Open horizontal board fencing is not allowed.
         c.   Walkway: A thirty six inch (36") unobstructed walkway is required around the entire perimeter of the inground pool.
         d.   Ingress And Egress: The inground swimming pool plans shall include at least one means of ingress and egress, such as steps or ladder, equipped with a handrail.
      2.   Aboveground Pools:
         a.   Location: No portion of the pool or filtration system shall be located within five feet (5') of any side or rear property line or ten percent (10%) of the lot's width, or abut any structure as to create a safety hazard. No pool shall be located in the required front yard or between the principal structure and right of way line.
         b.   Fence Or Safety Cover: All aboveground pools requiring a permit must be fenced by a nonclimbable pool-yard enclosure at least five feet (5') in height with self-locking gates or be equipped with a removable or safety type pool cover supporting at least one hundred fifty (150) pounds.
         c.   Ingress And Egress: All aboveground pools must have a safety ladder, portable or otherwise, for ingress and egress to and from the pool.
         d.   Filtration System: The filtering system for aboveground pools must sit at least three feet (3') away from the pool, or the filtering system must sit under a nonclimbable pool patio that sits flush with the top of the pool.
      3.   Lighting And Electrical Wires For All Pools:
         a.   Lighting: Lights used to illuminate any pool must be arranged to reflect away from adjoining properties.
         b.   Wires: No overhead wires may be within twelve (12) lateral feet of any pool.
   C.   Inspections: An inspection is required upon completion of the construction of the pool. (Ord. 2014-1411, 9-16-2014; amd. 2016 Code)