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Posen City Zoning Code

CHAPTER 10

SPECIAL PROVISIONS

11-10-1: CONFORMITY OF FRONT YARDS:

Where a block or part of a block in a residential district is occupied or partially occupied by a permanent dwelling at the time of the passage of this title, the minimum front yard as required shall be the greater of the front yards of the next adjacent dwellings; provided that no front yard of less than fifteen feet (15') shall be permitted and no front yard of more than twenty five feet (25') shall be required, except where a front yard in excess of twenty five feet (25') is established in a subdivision of record. Corner lots shall in all cases provide the front yard elsewhere required in this title, except where a greater front yard is required by a subdivision of record.
Where a business or industrial district occupies part of a block within a residential district the building on the residential lot immediately adjoining the business or industrial district shall be permitted to observe only one-half (1/2) the front yard required of the remaining residential lots in the block. (1965 Code)

11-10-2: GARAGES FACING ALLEY; SETBACK:

No private garage having vehicular access from a public alley shall be erected, altered or moved so that the wall thereof nearest the alley, containing the entrance doors, shall be less than five feet (5') from the line common to the lot and the alley. (1965 Code)

11-10-3: SURVEY PLATS:

Each application for a building permit shall be accompanied by a survey plat in duplicate drawn to scale showing the actual dimensions of the lot to be built upon, the size of the building to be erected, the setback of existing buildings in the block and all other information that may be necessary to provide for the enforcement of this title. A record of such applications and plats shall be kept in the office of the superintendent of buildings. (1965 Code)

11-10-4: OCCUPANCY PERMITS:

No building hereinafter erected, enlarged or altered, shall be occupied or used, in whole or in part, until a certificate of occupancy shall have been issued by the superintendent of buildings certifying that the building conforms to the provisions of this and the building code.
No change of occupancy or use shall be made in a building that is inconsistent with the last issued certificate of occupancy for such building, unless the superintendent of buildings finds upon inspection that such building conforms substantially to the provisions of this and the building code with respect to the proposed new occupancy and use. (1965 Code)

11-10-5: RECREATIONAL OR COMMERCIAL VEHICLE PARKING REGULATIONS FOR RESIDENTIALLY ZONED DISTRICTS:

Recreational or commercial vehicles excluding those that are service vehicles under five (5) tons such as step vans, service vans, pickups, etc. Parking regulations - residentially zoned districts.
   (A)   Definition: For purposes of this section, the term "recreational or commercial vehicle" shall mean any vehicle not having a private passenger automobile license plate (any vehicle which is not a vehicle of the first division as defined by 625 ILCS 5/1-146 and 5/1-147), including, but not limited to, any boat, trailer, snowmobile, camper, house trailer, motor home or commercial truck and excluding those that are service vehicles under five (5) tons such as step vans, service vans, pickups, etc.
   (B)   Prohibited Parking: Outdoor parking of recreational or commercial vehicles on private property or upon street, alley or any public thoroughfare within any A or B residential zoning district as defined by chapter 3 of this title, is prohibited except as allowed by subsections (C) and (D) of this section. (Ord. 87-19, 10-13-1987)
   (C)   Permitted Parking:
      1.   It is permissible to park one (1) unoccupied recreational or commercial vehicle on a lot located in an A or B Residential Zoning District, on an all weather, dustless hard surface (seal coat or better) designed to accommodate parking, provided, however, that such vehicle shall not be parked or stored within three feet (3') of any lot line or within any front yard; with the exception, however, that it shall be unlawful in any event to park any of the following vehicles anywhere in an A or B Residential Zoning District: (Ord. 2004-02, 3-9-2004)
         (a)   Tow trucks, car carriers or other vehicle used for transportation or towing of motor vehicles;
         (b)   Commercial vehicles which are required to have other than a Class B State of Illinois license plate as defined by 625 Illinois Compiled Statutes 5/3-815; and excluding those that are service vehicles under five (5) tons such as step vans, service vans, pickups, etc.
         (c)   Recreational vehicles which are in excess of eight thousand (8,000) pounds' gross weight (vehicle weight and maximum load). (Ord. 2003-12, 6-24-2003)
      2.   Commercial vehicles, ten thousand (10,000) pounds or less, required to have a Class B State of Illinois license plate as defined by 625 Illinois Compiled Statutes 5/3-815 may be parked on streets in A or B Residential Zones, provided such parking is not in violation of any other provisions of this Code or of the laws of the State. This exception for permitted parking shall not apply to, and parking anywhere in an A or B Residential Zoning District is not permitted for, truck tractors (known also as semitractors or semitractor cabs) as defined by 625 Illinois Compiled Statutes 5/1-212. (Ord. 2010-14, 11-14-2010)
   (D)   Certain Temporary Parking Permitted: Recreational and commercial vehicles may be parked in an A or B Residential District on private property, other than in conformance with subsection (C) of this section, temporarily for such time as is necessary for the reasonably expeditious loading and/or unloading of said vehicles when making pick ups and/or deliveries, or when preparing for, or upon a return from, a vacation or trip, by the owner or user thereof.
   (E)   Exceptions: This section shall not apply to licensed and registered antique or handicapped automobiles.
   (F)   Short Term Visitor's Parking:
      1.   The Chief of Police may, upon written application, issue a permit allowing a visitor's recreational or commercial vehicle to be parked on a private driveway in an A or B Residential District for a period not to exceed fourteen (14) days; provided, however, that the visitor agrees to maintain the vehicle in such fashion so as to avoid interfering with regular vehicular traffic or the enjoyment of adjoining residential dwellings.
      2.   A decision of the Chief of Police to deny a permit requested pursuant to subsection (F)1 of this section may be appealed by the applicant directly to the Village Board of Trustees who shall, as soon as practicable, hold a hearing thereon and issue a written decision affirming or reversing said denial.
   (G)   Penalty: Any person violating the provisions of this section shall be fined not more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation continues. (Ord. 87-19, 10-13-1987)

11-10-6: ACCESSORY BUILDINGS, INCLUDING PRIVATE GARAGES; LIMITS; SIZE; LOCATION AND NUMBER:

   (A)   An "accessory building" is hereby defined to be a subordinate building, including private garage, the use of which is clearly incidental to that of a main building; and the term "private garage", as recited in section 11-1-1 of this title, shall mean an accessory building designed for the occupancy of not more than two (2) passenger motor vehicles of the family residing on the same premises or in which space is provided for not more than one (1) automobile rented to a person not an occupant of the premises. (Ord. 78-14, 9-12-1978)
   (B)   No accessory building, except a private garage, shall be constructed, altered, or maintained in any Residential Zoning District designated A, B, C, or D as defined in chapters 3, 4 and 5 of this title, to exceed one hundred (100) square feet in area and eight feet (8') in building height. No private garage shall exceed the following dimensions:
      1.   Nine feet (9') in wall height. (Ord. 2017-04, 6-13-2017)
      2.   Fourteen feet (14') in building height, which shall mean the vertical from the established grade to the highest roof point.
      3.   Twenty four feet (24') in length or width.
         (a)   Special provision: Private garages constructed on any lot which is at least fifty feet (50') in width shall not exceed thirty two feet (32') in width and twenty four feet (24') in length. (Ord. 86-30, 11-11-1986)
   (C)   No accessory building, including a private garage, located in any residential zoning district designated A, B, C or D, as defined in chapters 3, 4 and 5 of this title, shall be constructed or altered to place the foundation of said building:
      1.   Closer than three feet (3') from any side lot line; (Ord. 78-14, 9-12-1978)
      2.   Closer than three feet (3') from the rear lot line; five feet (5') when vehicular access is from the public alley; (Ord. 2005-06, 8-9-2005)
      3.   In violation of any building line restrictions; and
      4.   Any portion thereof in a public easement.
   (D)   No accessory building, including a private garage, located in any residential zoning district designated A, B, C or D, as defined in chapters 3, 4 and 5 of this title, shall be constructed or altered to place the foundation of said building more than one hundred feet (100') from the residential building, or the main building, for which said accessory building, or private garage, is subordinate, incidental, adjoining or appurtenant.
   (E)   No more than one private garage shall be constructed on each residential zoning district lot, which garage shall conform to the construction limits stated in this section.
   (F)   In addition to the one private garage permitted by subsection (E) of this section, only one other accessory building (within the construction limits stated in this section) shall be constructed, or permitted, on each residential zoning district lot. (Ord. 78-14, 9-12-1978)

11-10-7: SURFACING OF VERGES IN BUSINESS AND INDUSTRIAL DISTRICTS:

   (A)   As used in this Section, “verge” shall mean the area of land between the street and any property, extending from the street to any grass, sidewalk or fence on the property. A verge may include an area of up to twenty-five feet (25') between the street and property.
   (B)   This Section shall apply to E, F and G Zoning Districts within the Village, commonly referred to as Business and Industrial Districts.
   (C)   All loose gravel, grindings, or other materials deemed not acceptable by the Village Building Department shall not be used to surface a verge within E, F and G Zoning Districts.
   (D)   Acceptable materials for verge surfaces include concrete, asphalt, grindings, or other stable surfacing materials, if approved by the Village’s Building Department.
   (E)   In all cases, the determination of the Village’s Building Department with respect to verge surfacing is final, subject to the review process contained in Village Code.
   (F)   The provisions of this Section shall be implemented and complied with by all affected landowners no later than August 31, 2023. (Ord. 2022-20, 8-9-2022)