This title shall be known and may be cited as the ZONING CODE of the village of Roanoke, Illinois. (Ord. 2005-04, 5-16-2005)

In accordance with division 13 of article 11 of the Illinois municipal code 1 , this zoning code establishes zoning regulations and standards for the following purposes:

   (A)   Securing adequate light, pure air and safety from fire and other dangers;

   (B)   Conserving the value of land, buildings and structures throughout the village;

   (C)   Lessening and avoiding congestion in the public streets;

   (D)   Lessening and avoiding hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters;

   (E)   Promoting the public health, safety, comfort, morals and general welfare;

   (F)   Regulating and limiting the height and bulk of buildings and structures hereafter to be erected;

   (G)   Establishing, regulating and limiting the building or setback line or lines on or along any street, trafficway, drive, parkway or storm or flood water runoff channel or basin;

   (H)   Regulating and limiting the intensity of the use of lot areas, and regulating and determining the area of open space within and surrounding buildings and structures;

   (I)   Classifying, regulating and restricting the location of trades and industries and the location of buildings, structures and land designed for specified industrial, commercial, residential and other uses;

   (J)   Dividing the entire village into districts of such number, shape, area and such different classes according to the use of land, buildings and structures, intensity of the use of lot area, area of open spaces, and other classification as may be deemed best suited to carry out the purposes of this zoning code;

   (K)   Fixing regulations and standards to which buildings, structures or uses therein shall conform;

   (L)   Prohibiting uses, buildings or structures incompatible with the character of such districts; and

   (M)   Preventing additions to and alteration or remodeling of existing buildings, structures or uses in such a way as to avoid the restrictions and limitations lawfully imposed under this zoning code. (Ord. 2005-04, 5-16-2005)

In construing the intended meaning of words, terms, and phrases used in this zoning code, the rules set forth below shall be followed:

Unless expressly stated or the context clearly indicates otherwise, the following words, terms, and phrases shall, for the purpose of this zoning code, have the meanings respectively indicated in section 10-1-4 of this chapter. Any pertinent word, term, or phrase not set forth in section 10-1-4 of this chapter shall have the meaning respectively ascribed to it in the village's subdivision code; and any word, term, or phrase not defined either in section 10-1-4 of this chapter or in the subdivision code shall be construed to have its usual legal definition or its standard English dictionary meaning as dictated by the context of the word, term, or phrase.

The present tense includes the future tense.

The masculine gender includes the feminine and the neuter.

The singular number includes the plural and vice versa.

The word "shall" is always mandatory; the word "may" is always permissive.

The word "person" includes a partnership, association, firm, trust, club, company, or corporation, as well as the individual.

The words "used" or "occupied" or "located" as applied to any land, building, use, structure, or premises shall be construed to include the words "intended, arranged or designed to be" used or occupied or located.

The word "lot" shall include the words "plot" and "parcel".

The word "village" shall mean the village of Roanoke, Illinois.

The term "zoning board" shall mean the joint zoning and planning board of the village.

The term "plan commission" shall mean the joint zoning and planning board of the village.

The term "zoning officer" shall include the person designated by the village under the subdivision code as the "plat officer".

The word "engineer" shall mean the person or firm retained as engineer by the village.

The term "governing body" shall mean the board of trustees of the village.

Captions (such as titles of sections, subsections, etc.) are intended merely to facilitate general reference and in no way limit the substantive application of the provisions set forth thereunder. (Ord. 2005-04, 5-16-2005)

   ACCESSORY STRUCTURE: A structure on the same lot with the main or principal structure, or the main or principal use, and subordinate to and used for purposes customarily incidental to the main or principal structure or the main or principal use.

   ACCESSORY USE: A use on the same lot with, incidental and subordinate to the main or principal use or the main or principal structure.

   ALLEY: A permanent service right of way which affords only a secondary means of access to property abutting such right of way and is not intended for general traffic circulation.

   AREA, BUILDING: The total area taken on a horizontal plane at the largest floor level of the main or principal building and all accessory buildings on the same lot exclusive of uncovered porches, terraces, steps or awnings, marquees and nonpermanent canopies and planters.

   AREA, FLOOR: The sum of the gross horizontal areas of the several stories of a building excluding cellar and basement floor areas not devoted to residential use, but including the area of walled in and roofed porches and terraces. All dimensions shall be measured between exterior faces of walls.

   AREA, FLOOR, HABITABLE: The sum of the horizontal areas of all rooms in a building used for habitation, such as living room, dining room, kitchen, bedroom or closet, bathroom, but not including cellars, basements, nor unheated rooms such as enclosed porches, nor rooms without at least one window or skylight opening onto a yard or court, measured between the interior faces of walls.

   AREA, LOT: The total area within the lot lines.

   BASEMENT: A story having part but not more than one-half (1/2) its height below grade.

   BILLBOARD: See definition of Sign.

   BLOCK FACE: Property abutting on one side of a street and lying between the two (2) nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and railroad right of way, waterway, unsubdivided area, or other definite boundary.

   BUILDING: An enclosed structure having a roof supported by columns, walls, arches or other devices and used for the housing, shelter or enclosure of persons, animals and chattels.

   BUILDING, MAIN OR PRINCIPAL: The building in which is conducted the main or principal use of the lot on which it is located.

   CELLAR: A story having less than one-half (1/2) of its height above grade.

   COURT: An open space, other than a yard, on the same lot with a building, which is bounded on two (2) or more sides by, but is not enclosed by, the walls of such building.

   COVERAGE: The percentage of the lot area covered by the building area.

   CURB LEVEL: The average elevation of the established curb of a street taken along the curb line between the points of intersection of the curb line and the lot lines. Where no curb has been established the curb level shall be the average elevation of the land surface taken along the street right of way line between the points of intersection of the right of way line and the lot lines.

   DISTRICT: An area or section of the village for which the regulations and standards set forth in this zoning code are uniform, including the regulations and standards governing the use of structures and premises, the height of the structures, the size of yards, and intensity of use.

   DUPLEX: A dwelling containing two (2) dwelling units, side by side and on the same level.

   DWELLING: A building designed for residential living purposes and containing one or more dwelling units and/or lodging units.

   DWELLING, GROUP: A group of two (2) or more single-family, two-family or multi-family dwellings in whatever combination, occupying a lot or lots in one ownership.

   DWELLING, MULTI-FAMILY: A dwelling containing three (3) or more dwelling units.

   DWELLING, SINGLE-FAMILY: A dwelling containing one dwelling unit.

   DWELLING, TWO-FAMILY: A dwelling containing two (2) dwelling units with one dwelling unit arranged on the story or stories above the other dwelling unit.

   DWELLING UNIT: One or more rooms constituting all or part of a dwelling which are used exclusively as living quarters for one family and not more than two (2) roomers or boarders, and which contain a stove, sink and other kitchen facilities.

   FAMILY: (A) An individual; or

   (B)   Two (2) or more persons related by blood, marriage or adoption, including foster children; or

   (C)   Maximum of three (3) persons not so related.

   FRONTAGE: All property on one side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of a street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

   GARAGE, PUBLIC: A building in which, for compensation, two (2) or more vehicles are parked.

   GRADE: The average of the elevations of the surface of the ground measured at all corners of a building.

   HEIGHT: The vertical measurement from grade to a point midway between the highest and lowest points of the roof of a building or the vertical measurement from the average level of the surface of the ground immediately surrounding a structure to the uppermost portion of such structure.

   HOME OCCUPATION: An accessory use of a service character customarily conducted within a dwelling, which is clearly incidental and secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use. The occupation must conform to the following additional conditions:

   (A)   It must be carried on solely by the members of the family who are residing on the premises;

   (B)   The total floor area devoted to such use shall not exceed twenty five percent (25%) of the area of one floor of the dwelling, shall be located only in the dwelling and shall not be located in any structure accessory thereto nor in the open;

   (C)   No article is sold or offered for sale except such as may be produced on the premises;

   (D)   No mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes.

Home occupation shall include the use of premises by a physician, surgeon, dentist, lawyer, clergyman or other professional person for consultation or emergency treatment, but not for the general practice of his profession. Home occupation shall also include a dressmaker, milliner, seamstress, and the teaching of a musical instrument to a single pupil at a time. Home occupation shall not include dancing instruction, group musical instruction, tea rooms, tourist rooms, beauty shops, real estate offices, insurance offices, investment offices, the repair or servicing of automotive vehicles, or the conduct of any other trade or business not herein excepted.

   HOTEL: A building containing separate accommodations for use primarily by transient persons. A hotel may contain restaurants, barbershops and other accessory services for primarily serving its residents and only incidentally the public.

   JUNKYARD: A lot, land, building or structure, or part thereof used primarily for the collecting, storage and/or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts therefrom.

   KENNEL: The keeping or housing of three (3) or more dogs six (6) months old or older, either as an accessory use or a principal use, which may also include breeding activities. Any kennel shall be within a completely enclosed building, or if outdoor runs are provided, they shall be completely enclosed by a woven wire fencing, solid fence or wall. Unless a kennel is the principal structure on the lot, a kennel or any part thereof shall not be located in any front or side yard, nor within ten feet (10') of any side or rear lot line in a rear yard.

   LODGING HOUSE: A dwelling containing at least three (3) dwelling units or lodging units in whatever combination. Meals are not provided within such lodging house to the residents of the lodging units.

   LODGING UNIT: One or more rooms constituting all or part of a dwelling which are used exclusively as living quarters for one family and do not contain cooking facilities.

   LOT: When used alone shall mean a "zoning lot" unless the context of this zoning code clearly indicates otherwise.

   LOT, CORNER: A lot located:

   (A)   At the junction of and abutting two (2) or more intersecting streets; or

   (B)   At the junction of and abutting a street and the nearest shoreline or high water line of a storm or flood water runoff channel or basin; or

   (C)   At the junction of and abutting two (2) or more storm or flood water runoff channels or basins; or

   (D)   At and abutting the point of abrupt change of a single street where the interior angle is less than one hundred thirty five degrees (135°) and the radius of the street is less than one hundred feet (100').

   LOT, INTERIOR: A lot other than a corner lot.

   LOT LINES: The lines bounding a lot.

   MASTER PLAN: The complete plan or any of its parts for the development of the village and adopted by the governing body as the official plan.

   MOTEL: A building or a group of buildings, whether detached, semidetached or attached, containing accommodations primarily for transient automobile travelers. The term "motel" includes such buildings designated as tourist courts, tourist cabins, motor lodges and other similar terms.

   MULTI-FAMILY RESIDENCE: A dwelling containing two (2) or more dwelling units.

   NONCONFORMING LOT, STRUCTURE OR USE: A lot, signs, structure or use which does not conform to the regulations and standards of the district in which it is located.

   NURSING OR CONVALESCENT HOME: A building containing sleeping rooms where persons are housed or lodged and are furnished with meals and nursing care for hire.

   PARKING LOT: A lot, court, yard or portion thereof used for the parking of vehicles.

   PARKING SPACE: A space accessory to a use or structure for the parking of one vehicle, the size of which shall be determined as herein specified.

   PLANNED DEVELOPMENT: A tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal structures and is identified to its main or principal use by its functional definition prefix, as dwelling group.

   RIGHT OF WAY: The entire dedicated tract or strip of land that is to be used by the public for circulation and service.

   SCREEN PLANTING: A vegetative material of sufficient height and density to filter adequately from view, in adjoining districts, structures and uses on the premises upon which the screen planting is located.

   SETBACK LINE: The building restriction line nearest the front of and across a lot establishing the minimum distance to be provided between the line of a structure located on said lot and the nearest street right of way line or centerline of the nearest shoreline or high water line of a storm or flood water runoff channel or basin.

   SIGN: Any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government agency. Each display surface of a sign shall be considered a sign.

   SPECIAL USE: A use permitted in a district pursuant to, and in compliance with, procedures specified herein.

   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, then the space between any floor and the ceiling next above it.

   STREET: A thoroughfare within the right of way which affords the principal means of access to abutting property. A street may be designated as an avenue, a boulevard, drive, highway, expressway, lane, parkway, place, road, thoroughfare, or by other appropriate name.

   STRUCTURE: Anything constructed or erected which requires location on the surface of the ground or affixed to something having location on the surface of the ground, or anything constructed underground, whether temporary, semipermanent, or permanent. Among other things, structures include buildings, walls, fences, swimming pools, decks, platforms, utility sheds, storage bins, tents, antenna or radio towers, television discs, billboards, and signs. The term "temporary" as used in the context of the definition of a structure shall include only structures constructed or erected for a duration of thirty (30) or more continuous days, and a break in the use or existence of a structure of less than a week shall be considered as not disrupting or terminating the continuous nature of the structure for determining this thirty (30) day period; structures constructed or erected for less than thirty (30) days shall not be considered to be a structure under the terms of this zoning code.

   STRUCTURE, MAIN OR PRINCIPAL: The structure in or on which is conducted the main or principal use of the lot on which it is located.

   SUBDIVISION CODE: The village subdivision code as set forth in title 11 of this code.

   TOURIST HOME: A dwelling containing the dwelling unit of the owner or operator and containing separate accommodations which do not contain cooking facilities primarily for transient automobile travelers.

   TRAILER CAMP OR MOBILE HOME PARK: A tract of land meeting the standards established by the county health authorities and by the Illinois state department of health:

   (A)   Where two (2) or more inhabited trailer coaches are parked and used for residential purposes, or

   (B)   Which is used by the public as parking space for two (2) or more inhabited trailer coaches.

   TRAILER COACH OR MOBILE HOME: Any portable or mobile vehicle used for residential living purposes by a family, or for business purposes. For the purpose of this zoning code, such vehicle shall be classified as a trailer coach whether or not its wheels, rollers, skids or other rolling equipment have been removed, or whether or not any addition thereto has been built on the ground.

   USE: The specific purpose for which land, a structure or premises, is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

   UTILITY SHED: An accessory building of one hundred fifty (150) square feet or less.

   YARD: An open space, other than a court, of uniform width or depth on the same lot with a structure lying between the structure and the nearest lot line and is unoccupied and unobstructed from the surface of the ground upward except as may be specifically provided by the regulations and standards herein.

   YARD, FRONT: A yard extending the full width of a lot and situated between the front lot line and the nearest line of a structure located on said lot. Where a lot is located such that its rear and front lot lines each abut a street right of way line or the nearest shoreline or high water line of a storm or flood water runoff channel or basin, both such yards shall be classified as front yards. Each yard of a corner lot facing a street right of way line or the shoreline or high water line of a storm or flood water runoff channel or basin shall be classified as a front yard.

   YARD, REAR: A yard extending the full width of a lot and situated between the rear lot line and the nearest line of a structure located on said lot.

   YARD, SIDE: A yard situated between the side lot line and the nearest line of a structure located on said lot and extending from the rear line of the required front yard to the front line of the required rear yard.

   ZONING LOT: A single property, parcel, unit, tract, plat or otherwise designated portion of land, having metes and bounds, which is designated by its owner or developer as a property, parcel, unit, tract, plat or otherwise designated portion of land which has been sold, or is offered, or will be offered for sale, and is to be used, developed or built upon as a unit under single ownership or control, and which is occupied or capable of being occupied by one or more structures and the accessory structures, or uses customarily incidental to it, including such open spaces as are arranged and designed to be used in connection with such structure. A zoning lot may or may not coincide with a lot of record. (Ord. 2005-04, 5-16-2005; amd. Ord. 2018-09, 9-4-2018)