It is the purpose of this Code:

(A)

To promote and protect the public health, safety, morals, comfort, and general welfare of the people;

(B)

To divide the Village into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration, and use of buildings, structures, and land for residence, business, manufacturing, and other specified uses;

(C)

To protect the character and stability of the residential, business and manufacturing areas within the Village and to promote the orderly and beneficial development of such areas;

(D)

To provide adequate light, air, privacy and convenience of access to property;

(E)

To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings, necessary to provide adequate light and air, and to protect the public health;

(F)

To establish building lines and the location of buildings designed for residential, business, and manufacturing, or other uses within such areas;

(G)

To fix reasonable standards to which buildings or structures shall conform therein;

(H)

To prohibit uses, buildings, or structures incompatible with the character of development or intended uses within specified zoning districts;

(I)

To prevent additions to, or alterations or remodeling of, existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder;

(J)

To limit congestion in the streets and protect the public health, safety, convenience, and general welfare by providing for the off-street parking of motor vehicles and the loading and unloading of commercial vehicles;

(K)

To protect against fire, explosion, noxious fumes, and other hazards, in the interest of the public health, safety, comfort and the general welfare;

(L)

To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them;

(M)

To conserve the taxable value of land and buildings throughout the Village;

(N)

To provide for the elimination of nonconforming uses of land, buildings, and structures which are adversely affecting the character and value of desirable development in each district;

(O)

And to define and limit the powers and duties of the administrative officers and bodies as provided herein.

Except as otherwise provided in this Code:

(A)

Conformity of Buildings and Land. No buildings, structure, or premises shall be used or occupied, and no buildings or parts thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged, or altered, except in conformity with the regulations herein specified for the zoning district in which it is located and as otherwise regulated herein, except as otherwise specifically provided for by this Code.

(B)

Conformity of Buildings. No building, structure or premises shall be erected, altered or used so as to produce greater heights, smaller yards or less unoccupied area, and no building shall be occupied by more families and/or persons than prescribed for such building, structure or premises for the district in which it is located and as otherwise regulated herein, except as otherwise specifically provided for by this Code.

(C)

Conformity of Open Spaces. No yard, court or open space, or part thereof shall be included as part of the yard, court or open space similarly required for any other building, structure or dwelling, except as otherwise specifically provided for by this Code.

This Code is not intended to abrogate or annul any building permits, certificates of occupancy, variances or other lawful permits issued before the effective date of this Code.

In the construction of this Code, the rules and definitions contained in this Section shall be observed and applied, except when the context clearly indicates otherwise.

(A)

Rules. Words used in the present tense shall include the future; and words used in the singular number include the plural number, and the plural, the singular.

The term "shall" is mandatory and not discretionary; the word "may" is permissive. The word "lot" shall include the words "plot," "piece," and "parcel." The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "occupied for" and "maintained for."

The word "Village" shall refer to, and be interpreted to mean Village of Pontoon Beach, Illinois.

The following words and terms, wherever they occur in this Code, shall be interpreted as herein defined.

(B)

Definitions.

"Abandonment." An action to give up one's rights or interests in property.

"Accessory Building or Structure." A detached subordinate building or structure, the use of which is customarily incidental to that of the main use of the land, and which is located on the same lot with the main building or use.

"Accessory Use." A use which is incidental and subordinate to the principal use of the premises, and does not change the basic character thereof, as determined by its principal use.

"Alley." A public access way which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

"Alterations." As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

"Alterations, Structural." A change in the supporting members of building such as bearing walls, columns, beams or girders.

"Animal Hospital." Any building or portion thereof designed or used for the care, observation, or treatment of domestic animals.

"Apartment." A suite of rooms or a room in a building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.

"Apartment Hotel." An apartment house which furnishes for the use of its tenant's services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.

"Apartment House." A multi-family dwelling used or occupied by four (4) or more families living independently of each other in dwelling units. Such dwelling units normally being rented or used other than by the day, by the same occupant for a continuous period ordinarily of six (6) months or more.

"Area of Zoning Lot." The total area within the property lines of a lot, excluding public streets and alleys, meeting the district requirement of this Code.

"Attached Building." A building attached to another building by a common wall (such wall being a solid wall with or without windows and doors) and a common roof with a least horizontal dimension of six (6) feet.

"Auditorium." A room, hall or building made a part of a church, theater, school, recreation building, or other building assigned to the gathering of people as an audience, to hear lectures, plays and other presentations.

"Automobile Parking Area." A lot or part thereof used for the storage or parking of motor vehicles with or without the payment of rent or charges.

"Automobile and Mobile Home Sales Area." An open area, other than a street, used for the display or sale of new or used automobiles or mobile homes, and where no repair work is done except for minor incidental repair of automobile or mobile homes to be displayed and sold on the premises.

"Automobile Wrecking Yard." Any place where two (2) or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise.

"Basement." A story having more than one-half (½) its height below the average level of the adjoining ground.

"Billboard." A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located or to which it is affixed.

"Block." A tract of land bounded by streets, or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways, or corporate boundary lines of municipalities.

"Boarding House." A building other than a hotel or restaurant where meals are provided for compensation to three (3) or more persons, but not more than ten (10), who are not members of the keeper's family, but not open on a daily overnight or per meal basis to transient guests.

"Building." Any structure built for the shelter or enclosure of persons, animals, chattels, property or substances of any kind, excluding fences.

"Building Area." The space remaining on a zoning lot after the minimum open space requirements of this Code have been complied with.

"Building Height." The vertical distance measured from the average elevation of the proposed finished grade at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of mansard roof, or the mean height level between eaves and ridge for gable, hip or gambrel roofs.

"Building Line." The line, parallel to the front line, measured between side lot lines through that part of the building, structure or construction site where the lot is narrowest.

"Building, Principal." A non-accessory building in which the principal use of the zoning lot, on which it is located, is conducted.

"Clinic." A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons, but who are not provided with board or room not kept overnight on the premises.

"Club." A nonprofit association of persons who are bona fide members organized for some common purpose and paying regular dues; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

"Corporate Authority." Village Board of Trustees of the Village of Pontoon Beach, Madison County, Illinois.

"Coverage." (See Figure 2.)

"District." A portion of the territory of the Village within which certain uniform regulations and requirements of various combinations thereof apply under the provisions of this Code.

"Dump." A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

"Dwelling." Any building or portion thereof designed or used exclusively as living quarters for one (1) or more families, other than hotels, motels, tourist homes, clubs, hospitals, or similar uses.

"Dwelling, One-Family." A detached principal building designed for or used as a dwelling exclusively by one (1) family as an independent housekeeping unit.

"Dwelling, Two-Family." A detached principal building designed for or used as a dwelling exclusively by two (2) families each living as an independent housekeeping unit.

"Dwelling, Three-Family." A detached principal building designed for or used as a dwelling exclusively by three (3) families, each living as an independent housekeeping unit.

"Dwelling, Multiple-Family." A building or portion thereof, designed or altered for occupancy by four (4) or more families living independently of each other.

"Enclosed Building." A building separated on all sides from adjacent open space or other buildings by fixed exterior walls or party walls, with openings only for windows and doors, and covered by a permanent roof.

"Essential Governmental or Public Utility Services." The erection, construction, alteration, or maintenance by public utilities or municipal departments, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wire, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare, but not including buildings.

"Family."

(1)

A single individual, doing his own cooking and living upon the premises as a separate housekeeping unit; or

(2)

A collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, adoption or employment as domestic servants; or

(3)

A group of not more than three (3) unrelated persons doing their own cooking and living together on the premises as a separate housekeeping unit pursuant to a mutual housekeeping agreement (not including a group occupying a boarding or rooming house, club, fraternity or hotel).

"Floor Area." The area included within outside walls of a building or portion thereof, including habitable penthouses and attic space, but not including vent shafts, courts or uninhabitable areas below ground level or in attics.

"Floor Area Ratio." The ratio of total floor area, in square feet, of all buildings on a lot to total lot area, in square feet.

"Garage Parking, Public." A building or portion thereof used by the public for the storage or parking of motor vehicles for compensation.

"Garage, Private." A building or portion thereof for the storage of one (1) or more vehicles for persons living on the premises.

"Gasoline Service Station." A building or premises or portion thereof used for the retail sale of gasoline, oil or other fuel, automotive parts, supplies, or accessories for motor vehicles and which may include, as an incidental use only, facilities used for polishing, greasing, washing or otherwise cleaning or light servicing of motor vehicles, but not including liquefied petroleum gas distribution facilities.

"Grade." The average of the finished ground level at the midpoint of each wall or a building. In case walls are parallel to and within five (5) feet of a public sidewalk, said ground level shall be measured at the sidewalk.

"Guest House." Living quarters within a detached accessory building located on the same premises with the principal building, for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.

"Home Occupation." A use conducted entirely within a dwelling and carried on by the inhabitants there, and no others, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof.

"Hotel." A building designed or used as a temporary lodging place of individuals for a time period of no more than thirty (30 days; having at least six (6) guest rooms; where a general kitchen and dining room may be provided but where there are no cooking facilities in any guest room.

"Junk Yard." An open area where scrap metal, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building salvage yards, but excluding similar uses taking place entirely within a completely enclosed building.

"Kennel." Any structure or lot on which four (4) or more dogs and/or cats over four (4) months of age are kept.

"Laundries."

(1)

Laundromat. A business that provides home-type washing, drying and ironing machines for hire to be used by the customers on the premises.

(2)

Commercial Industrial Laundry. A business that provides washing, drying and ironing services operated by the employees on the premises.

"Least Restrictive." For the purpose of this Code, the designation of the most or the least restrictive district shall be of the following order, with the least restrictive district being first in order: "I-3", "I-2", "I-1", "B-2", "B-1", "MR-2", "MR-1", "A", "SR-1", and "SR-2."

"Loading Space." An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

"Lodging or Rooming House." A building with more than three (3) guest spaces where lodging is provided for compensation pursuant to previous arrangement, but not open on a daily, overnight, or per meal basis to transient guests.

"Lot." A portion or parcel of land (whether a portion of a platted subdivision or otherwise) occupied or intended to be occupied by a building or use and its accessories, together with such yards as are required under the provisions of this Code, having not less than the minimum area, width and depth required by this Code, for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as permitted in accordance with the provisions of this Code. The minimum area of a lot as defined herein must be an integral unit of land under unified ownership in fee or in co-tenancy, or under legal control tantamount to such ownership, which ownership or control must continue for the existence of the building or buildings permitted to be situated on the lot.

"Lot Area." See "Area of Zoning Lot."

"Lot Coverage." The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

"Lot Depth." The mean horizontal distance between the front and the rear lot lines measured in the general direction of the side lot lines.

"Lot, Corner." A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees. The point of intersection of the street lines is the "corner."

"Lot, Interior." A lot whose side lines do not abut upon any street.

"Lot Line, Front." The line separating the lot from the street. On a corner lot, the front lot line shall be the street lot line having the least dimension.

"Lot Line, Rear." The rear lot line is the lot line or lot lines most nearly parallel to and most remote from the front lot line.

"Lot Line, Side." Any lot line other than front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.

"Lot of Record." A lot, which is a part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Madison County, Illinois.

"Lot, Through." A lot having frontage on two (2) parallel or approximately parallel streets.

"Lot Width." The mean horizontal width of the lot measured at right angles to its depth.

"Mobile Home." An automobile trailer, trailer coach, house trailer, trailer, vehicle, structure, (1) designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one (1) or more persons, or the conduct of any business or profession (including use as a selling or advertising device) and (2) so designed that it is or may be mounted on wheels and used as a conveyance on highways or streets, propelled or drawn by its own or other motive power, excepting a device used exclusively upon stationary rails or tracks. Mobile home shall include single-family dwellings designed for conveyance after fabrication on streets or highways mounted on its own wheels or otherwise.

"Mobile Home Park." Any park, court, camp, site, lot, parcel or tract of land designed, maintained, or intended for the purpose of providing a location or accommodations for any mobile home or homes and upon which any mobile home or homes are parked or located, including all buildings used or intended for use as a part of the equipment or accessories thereof whether or not the same or any part thereof is held or operated for gain; excepting, however, automobile or mobile home trailer sales lots on which unoccupied mobile homes are parked for inspection and sale.

"Most Restrictive." See "Least Restrictive."

"Motel" or "Motor Hotel." A series of attached, semi-attached or detached sleeping or living units, for the accommodation of transient guests and not customarily including individual cooking or kitchen facilities, said units having convenient access to off-street parking spaces for the exclusive use of the guests or occupants.

"Noisome and Injurious Substances, Conditions and Operations."

(1)

Creation of unreasonable physical hazard, by fire, explosion, radiation or other cause, to persons or property.

(2)

Discharge of any liquid or solid waste into any stream or body of water or into any public or private disposal system or into the ground, so as to contaminate any water supply, including underground water supply.

(3)

Maintenance or storage of any material either indoors or outdoors so as to cause or to facilitate the breeding of vermin.

(4)

Emission of smoke, measured at the point of emission, which constitutes an unreasonable hazard to the health, safety, or welfare of any person(s).

(5)

Fly ash or dust which can cause damage to the health of persons, animals, or plant life or to other forms of property, or excessive soil, measured at or beyond the property line of the premises on which the aforesaid fly ash or dust is created or caused.

(6)

Creation or causation of an unreasonably offensive odors discernible at or beyond any property line of the premises on which the aforesaid odor is created or caused.

(7)

Creation or maintenance of any unreasonably distracting or objectionable vibration and/or electrical disturbances discernible at or beyond any property line of the premises on which the aforesaid vibration or electrical disturbance is created or maintained.

(8)

Any public nuisance.

"Nonconforming Building." A building or structure or portion thereof conflicting with the provisions of this Code applicable to the district in which it is situated.

"Nonconforming Use." A use of a building or land legally existing at the time of adoption of this Code, or any amendment thereto, and which does not conform with the use regulations of the district in which located.

"Nursery School." An institution providing day care service for children from two (2) to six (6) years of age.

"Parking Area, Private." An open hard-surfaced area, other than a street or public way, designed, arranged, and made available for the storage of private passenger automobiles only, or occupants of the building or buildings for which the parking area is developed and is accessory.

"Parking Area, Public." An open, hard-surfaced area, other than a street or other public way, used for the parking of automobiles or other motor vehicles and available to the public whether for a fee or as an accommodation for clients or customers.

"Parking Space, Automobile." Space within a public or private parking area of not less than two hundred (200) square feet (ten (10) feet by twenty (20) feet), exclusive of access drives, or aisles, ramps, columns, or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half (1½) tons capacity.

"Planned Development Project." A residential or commercial development on a parcel of land in single ownership and consisting of two (2) or more buildings having any yard, court, parking or loading space in common.

"Premises." A lot together with all the buildings and uses thereon.

"Principal Use." The main use of land or buildings as distinguished from a subordinate or accessory use.

"Professional Office." An office (other than a service office and other than an office for care and/or treatment of, or medical attention to, animals as distinguished from persons) for the practice of professions, such as the offices of physicians, dentists, attorneys-at-law, architects, engineers, artists, musicians, teachers, accountants and others who through training are qualified to perform services of a professional nature, or the offices of a governmental agency; and where there is no storage, sale or display of merchandise on the premises.

"Public Buildings." Any building owned, operated, constructed or maintained at the expense of the public or a building which provides a service or function necessary for the general health, welfare, and convenience of the public.

"Public Open Space." Any publicly owned open area, including, but not limited to the following: Parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.

"Public Sewer and Water Facilities." Those water and/or sewer facilities of a municipality and/or of a sanitary sewer district which comply with applicable public health standards.

"Retail" (or "Retailing"): A business enterprise consisting primarily of the making of sales and/or rendering of services directly to ultimate customers, where each sale or service transaction is in relatively small quantity or volume, as distinguished from a wholesale business or from a business where sales are made, or services rendered either in substantial volume to an individual customer and/or for resale to or reuse by ultimate consumers.

"Room." An unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, kitchens, closets, hallways and service porches and the like.

"Service Office." An office in which are offered services by real estate agents, insurance agents, public stenographers, brokers, or others who through training are fully qualified to perform services of an executive nature (as distinguished from a professional office) and where there is no storage, sale or display of merchandise on the premises.

"Setback." The distance in linear feet measured on a horizontal plane from the lot line to a building or structure on the lot.

"Sign." Any inscription written, printed, painted, or otherwise placed on a board, plate, banner or upon any material, object or device whatsoever, which by reason of its form, color, wording or otherwise, attracts or is designed to attract attention to the subject thereof or is used as a means of identification, advertisement, or announcement. As used in this Code, the term shall apply only to signs which attract attention to the sign from outside of a building or structure.

"Sign, Advertising." A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the lot where the sign is located, or only incidentally on that lot if at all.

"Sign Area." The total surface area of the entire sign, including all parts and appurtenances thereof (except principal supports, the total cross-sectional area of which does not exceed one (1) square foot and on which there is no display of advertising material or any lighting). In the case of any sign having display surfaces which are not continuous (e.g., separated letter displays or separated display surfaces), sign area shall include a theoretical display surface equal to the area of the smallest enclosure into which the combined noncontinuous display surfaces can be fitted, and including intermediate structural supports. [(See Figure 3)]

"Sign, Bulletin Board." As used in this Code, a sign used for purposes of notification of the public of an event or other occurrence of public interest, such as a church service, political rally, civic meeting or similar event.

"Sign, Business." A sign which directs attention to a business, profession, display or entertainment conducted upon a lot or to a commodity or service stored, sold, or displayed on a lot.

"Sign, Construction." As used in this Code, a sign advertising the development or improvement of a property by a builder, contractor or other person furnishing services, materials, or labor to said premises, which sign is intended for a limited period of display and erected on the same lot with the work being done.

"Sign, Identification." A sign which establishes the identity of a person and his business or professional title occupying the premises, such as a name plate. As used in this Code, the term "identification sign" shall not be construed to include a sign identifying a commercial or industrial use or a commodity or service offered on the premises except when such may be needed to alert the owner of damage or mishap.

"Sign, Combination." Any sign incorporating any combination of the features of freestanding, projecting and roof signs.

"Sign, Marquee." A display sign which is attached to or suspended from a marquee, canopy, or other covered structure projecting from and supported by the building and extending beyond the building wall or building line.

"Sign, Projecting." A display sign which is attached directly to the wall of a building, and which extends more than fifteen (15) inches from the face of the wall.

"Sign, Real Estate." A sign indicating the availability for sale, rent or lease of the specific lot and/or building upon which the sign is erected or displayed.

"Sign, Subdivision." A sign advertising the general sale, development or subdivision of land, and displayed or erected upon the subject property, as distinguished from a real estate sign.

"Sign, Temporary." A sign, banner or other advertising device or display constructed of cloth, canvas, cardboard, wall board or other light temporary material, with or without a structural frame, intended for a temporary period of display; such as decorative displays for holidays or public demonstrations.

"Sign, Wall." Any sign painted on, attached to, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall and extending not more than fifteen (15) inches from the face of the wall.

"Story." That portion of a building, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

"Structure." Anything constructed or erected with a fixed location on the ground, including towers but not including poles, lines, cables, or other transmission or distribution facilities of public utilities.

"Yard." An open space not occupied or obstructed by any structure or portion of a structure, except fences as regulated herein and as otherwise expressly provided herein.

"Yard, Front." A yard extending across the full width of the lot between the front lot line and the nearest line or point of the principal building.

"Yard, Rear." A yard extending across the full width of the lot between the rear lot line and the nearest line or point of the principal building.

"Yard, Side." A yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building.

"Zoning Certificate." A document issued by the Zoning Inspector authorizing buildings, structures or uses consistent with the terms of this Code and for the purpose of carrying out and enforcing its provisions.

"Zoning Inspector." The Zoning Inspector of the Village or his authorized representative.

"Zoning Map." The zoning map or maps of the Village together with all amendments subsequently adopted.

(Ord. No. 22-1274, 04-12-22)

Any territory hereafter annexed to the Village shall automatically be in one (1) or more of the eight (8) present zoning districts at the discretion of the Village Board. However, the zoning classification will be comparable to the zoning in effect at the time of the annexation and if a different zoning classification is desired, there shall be an on-site public hearing.

(Ord. No. 169, 07-12-73)

Editor's note— This Section does not agree with the 1979 Village Code.

The following figures numbered one (1) through three (3) inclusive, contained in this Section shall form an integral part of this Code and shall be included as part of the requirement of any provision of this Code wherein reference to such figure is made.