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Roxana City Zoning Code

CHAPTER 4

GENERAL ZONING REGULATIONS

10-4-1: COMPLIANCE REQUIRED:

No structure or part thereof shall be erected, used, occupied, enlarged, altered, relocated, or reconstructed except in conformity with the provisions of this title. Similarly, no lot or part thereof shall be used, occupied, or developed except in conformity with the provisions of this title. (1981 Code § 17.16.010)

10-4-2: PROHIBITED USES:

Whenever any use is not specifically listed as permitted or special within a particular zoning district, such use shall be deemed prohibited in that district. However, if the board of trustees, following consultation with the building and zoning administrator and the village planning commission, finds that the unlisted use is similar to and compatible with the listed uses, they may allow such use by amending this title in accordance with section 10-3-4 of this title. The decision of the board of trustees shall become a permanent public record, and any unlisted use that they approve shall thereafter have the same status as listed uses. (1981 Code § 17.16.020)

10-4-3: TEMPORARY USES:

Except as specifically provided otherwise in this title, no temporary structure shall be used or occupied for any purpose, and no land shall be used for any temporary enterprise, whether for profit or not, unless a temporary use permit has been obtained. No temporary use permit shall be valid for more than one year unless it is properly renewed. (1981 Code § 17.16.030)

10-4-4: ACCESSORY USES:

   A.   Definition And Interpretation:
      1.   "Accessory use" means any structure or use which is:
         a.   Subordinate in size or purpose to the principal structure or use which it serves;
         b.   Necessary or contributing to the comfort and convenience of the occupants (whether individuals or a commercial enterprise) of the principal structure or use served; and
         c.   Located on the same lot as the principal structure or use served.
      2.   If an accessory use is attached to the principal structure, it shall be considered part of such principal structure. (1981 Code § 17.16.110)
   B.   Permitted Accessory Uses: Any accessory use shall be deemed permitted in a particular zoning district if such accessory use is:
      1.   Accessory to a principal structure or use that is allowed in that zoning district as of right (permitted uses) or by virtue of the fact that a special use permit has been granted; and
      2.   In compliance with the restrictions set forth in subsection C of this section. (1981 Code § 17.16.120)
   C.   Restrictions:
      1.   Height: No accessory use shall be higher than:
         a.   Fifteen feet (15') in any residential district; or (1981 Code § 17.16.130)
         b.   Twenty five feet (25') in any other zoning district except where a special use permit has been granted. (1981 Code § 17.16.130; amd. 2012 Code)
      2.   Setbacks: No accessory use in any zoning district shall be located in any part of any yard (front, side, or rear) that is required because of the setback regulations of such district except where a special use permit has been granted. (Ord. 480, 12-3-1984; amd. 2012 Code)
      3.   Yard Coverage: In any residential district, accessory uses shall not cover more than thirty percent (30%) of a required rear yard.
      4.   Use As Dwelling Prohibited: Use of any accessory structure as a dwelling is strictly prohibited throughout the zoning jurisdiction of the village. (1981 Code § 17.16.130)

10-4-5: MEET MINIMUM REQUIREMENTS:

Except as specifically provided otherwise in this title, every lot must meet the minimum area, minimum dimensions, and minimum setback requirements of the district in which it is located independently; that is, without counting any portion of an abutting lot. (1981 Code § 17.16.040)

10-4-6: ACCESS:

No building shall be erected on any lot unless such lot abuts or has permanent easement of access to a public street or a private street that conforms to the standards set forth in the land subdivision control ordinance of the village. (1981 Code § 17.16.050)

10-4-7: FRONT SETBACKS:

   A.   Corner Or Through Lots: Every lot with multiple frontages (such as corner or through lots) shall meet the front setback requirements of the district in which it is located on every side having frontage. (1981 Code § 17.16.060)
   B.   Certain Built Up Areas: Except as specifically provided otherwise, in all residential zoning districts and in the B-1 neighborhood business, B-2 central business and B-3 highway business districts, where lots having fifty percent (50%) or more of the frontage on one side of a street between intersections (that is, in 1 block) are developed with buildings, and the front setbacks of those lots do not differ by more than ten feet (10'), the minimum required front setbacks on that block shall be the average of the existing front setbacks; provided, however, that in any built up area, no front setback less than fifteen feet (15') shall be permitted, nor shall any front setback greater than fifty feet (50') be required. (1981 Code § 17.16.070; amd. 2012 Code)

10-4-8: INTRUSIONS INTO YARDS:

To the extent indicated below, the following features of principal buildings may intrude into required yards without violating the minimum setback requirements:
 
Feature
Maximum Intrusion
Balconies
4 feet
Canopies, roof overhangs
4 feet
Cornices, chimneys, planters or similar architectural features
2 feet
Fire escapes
4 feet
Patios
None
Porches, if unenclosed and at ground level
6 feet
 
(1981 Code § 17.16.080)

10-4-9: HEIGHT LIMIT EXCEPTIONS:

The following are the allowed exceptions to the height limits allowed under this title:
   A.   Chimneys, church spires, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas, or other necessary appurtenances commonly constructed above the roofline shall be permitted to exceed the maximum height limitations of the district in which they are located if they comply with all other pertinent ordinances of the village.
   B.   On corner lots, in the triangular portion of land bounded by the street lines of such corner lots and a line joining the two (2) points, each of which is on one street line and thirty feet (30') from the point of intersection, no obstruction, whether natural or manmade, shall intrude into the air space that is between two feet (2') and ten feet (10') above the level of the adjacent street. (1981 Code § 17.16.090)
   C.   Notwithstanding any other provision of this title, all structures erected within any airport hazard area, as defined by state law, shall conform with the location, height, and identification requirements imposed by the Illinois department of transportation, division of aeronautics, pursuant to an act in relation to zoning to eliminate airport hazards 1
. (1981 Code § 17.16.090; amd. 2012 Code)

10-4-10: SEWAGE SYSTEM REQUIRED:

   A.   In all districts, property owners of all buildings and places where people live, work, or assemble shall provide for the sanitary disposal of all sewage in accordance with the following requirements:
      1.   Whenever the municipal or public sanitary sewerage system is reasonably available, all sewage shall be discharged into such system, whether or not a private sewerage system already exists or is more convenient.
      2.   Whenever the municipal or public sewerage system is not reasonably available, a private sewerage system shall be installed and used. All private sewerage systems shall be designed, constructed, operated, and maintained in conformity with the following requirements:
         a.   Illinois private sewage disposal licensing act, 225 Illinois Compiled Statutes 225/1 et seq., as now or hereafter amended; and
         b.   Illinois private sewage disposal code no. 4.002, promulgated by the director of the Illinois department of public health, as now or hereafter amended; and
         c.   Pertinent current regulations issued by the Illinois environmental protection agency; and
         d.   Applicable codes and ordinances of the village.
   B.   The administrator shall not issue any initial certificate of zoning compliance unless, following consultation with the village engineer, he is satisfied that these requirements will be met. (1981 Code § 17.16.100)