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Roxana City Zoning Code

CHAPTER 9

SUPPLEMENTARY USE REGULATIONS

10-9-1: APPLICATION OF PROVISIONS:

This chapter establishes lot and structure requirements, design, standards, and use limitations for specific, potentially troublesome structures and uses. These regulations apply in every zoning district where the specific structure or use is permitted or allowed by special use permit, but if more stringent regulations are applicable in any particular district, such regulations shall prevail. (1981 Code § 17.40.010)

10-9-2: FENCES AND WALLS:

   A.   No barbed wire or electrically charged fence shall be erected or maintained anywhere in the village, except by special use permit. (1981 Code § 17.40.020; amd. 2012 Code)
   B.   No fence, wall, or other obstruction shall be erected within any public right of way, except by written permission of the building and zoning administrator.
   C.   No fence, wall, or other obstruction shall be erected in violation of the Illinois drainage code 1
.
D. Every fence, wall, or other obstruction shall conform to the special height restrictions applicable in areas near intersections as set forth in subsection 10-4-9B of this title. (1981 Code § 17.40.020)

10-9-3: SWIMMING POOLS:

   A.   Location: No swimming pool, whether public or private, shall be located in any front yard or closer than ten feet (10') to any side or rear lot line.
   B.   Fence Requirements: Every swimming pool that is more than two feet (2') deep shall be enclosed by a wall or fence at least four feet (4') in height. The passage through such wall or fence shall be equipped with a gate. (1981 Code § 17.40.160)

10-9-4: UTILITY SUBSTATIONS:

Every electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, water storage facility, or similar facility shall be deemed a special use, and shall conform to the following regulations:
   A.   Every lot on which any such facility is situated shall meet the minimum area and dimension requirements of the district in which it is located. Every part of any such facility shall be located at least twenty five feet (25') from all lot lines or shall meet the district setback requirements, whichever is greater.
   B.   In any residential district, every such facility shall be designed, constructed, and operated so that it is compatible with the residential character of the area.
   C.   Screening at least ten feet (10') in height and of sufficient density to block the view from adjacent property shall be installed around every such facility. Furthermore, if the administrator determines that the facility poses a safety hazard (for example, if there are exposed transformers), he shall require that a secure fence at least eight feet (8') in height be installed behind the planting screen. (1981 Code § 17.40.170)

10-9-5: REPAIR GARAGES:

In repair garages, all repair work, servicing, storage of parts and equipment and the dismantling of vehicles shall be done completely within an enclosed building or shall be enclosed by a solid fence at least six feet (6') in height. (1981 Code § 17.40.030)

10-9-6: SERVICE STATIONS:

   A.   All gasoline pumps and other service facilities shall be located at least twenty five feet (25') from any street right of way line, side lot line, or rear lot line.
   B.   Every accessway shall be located at least two hundred feet (200') from the principal building of any fire station, school, public library, church, park, or playground, and at least thirty feet (30') from any intersection of public streets.
   C.   Every device for dispensing or selling milk, ice, soft drinks, snacks and similar products shall be located within or adjacent to the principal building.
   D.   All trash receptacles, except minor receptacles adjacent to the gasoline pumps, shall be screened from view.
   E.   Whenever the use of a service station has been discontinued for twelve (12) consecutive months, or for eighteen (18) months during any three (3) year period, the administrator shall order that all underground storage tanks be removed or filled with material approved by the fire chief. (1981 Code § 17.40.140)

10-9-7: GREENHOUSES AND NURSERIES:

A. No fertilizer, compost, manure, or other odor or dust producing substance shall be stored closer than one hundred feet (100') to any lot line.
B. Greenhouse heating plants shall be situated in an enclosed structure and shall not be closer than fifty feet (50') to any lot line. (1981 Code § 17.40.040)

10-9-8: HOSPITALS AND NURSING HOMES:

   A.   Lot Width, Depth And Area:
      1.   Hospitals: The lot on which any hospital or sanatorium is situated shall have a minimum width and depth of two hundred feet (200'), and a minimum area of five (5) acres.
      2.   Nursing Homes: The lot on which any nursing home is situated shall have a minimum width and depth of two hundred feet (200') and a minimum area of two (2) acres.
   B.   Setbacks: The principal building of any hospital, sanatorium, or nursing home shall be located at least twenty five feet (25') from all lot lines. (1981 Code § 17.40.060)

10-9-9: JUNKYARDS:

   A.   Location: No part of any junkyard, which includes any lot on which three (3) or more inoperable vehicles are stored, shall be located closer than five hundred feet (500') to the boundary of any residential district.
   B.   Screening: All vehicles, parts, and equipment shall be stored within a completely enclosed structure or within an area screened by a wall, solid fence, or closely planted shrubbery at least ten feet (10') high and of sufficient density to block the view from adjacent property. (1981 Code § 17.40.070)

10-9-10: SANITARY LANDFILLS:

Any person who intends to establish or conduct a sanitary landfill within the zoning jurisdiction of the village shall obtain a permit from the Illinois environmental protection agency indicating that the sanitary landfill fully complies with the "Solid Waste Rules And Regulations" promulgated by the IEPA pursuant to the authority granted by state law 1
. (1981 Code § 17.40.130)

10-9-11: KENNELS:

   A.   Lot Area: The lot on which any kennel is situated shall have a minimum area of three (3) acres.
   B.   Location: Every kennel shall be located at least two hundred feet (200') from the nearest dwelling and at least one hundred feet (100') from any lot line. (1981 Code § 17.40.080)

10-9-12: HORSES:

In any zoning district where the keeping of horses is granted by a special use permit, at least five (5) acres shall be allocated for the first horse kept, and two (2) more acres shall be allocated for each additional horse kept. (1981 Code § 17.40.150; amd. 2012 Code)

10-9-13: TEMPORARY PARKING OF MOBILE HOMES:

The temporary parking of an individual mobile home is permitted subject to the following regulations:
   A.   An individual mobile home may be parked outside the public right of way, as not otherwise prohibited, for a period of seventy two (72) hours; provided, that no such mobile home is parked nearer than twenty five feet (25') to any right of way line abutting a public street.
   B.   An individual mobile home may be parked on a zoning lot for a period of two (2) weeks; provided, that:
      1.   Such individual mobile home is parked in compliance with all setback requirements from any lot line or right of way line.
      2.   A permit is secured by the property owner from the building and zoning administrator within seventy two (72) hours, showing the date of issuance, name and address of property owner, address for which the permit is issued and the date of termination.
      3.   All such permits shall be returned to the building and zoning administrator on or before the date of termination.
      4.   Not more than three (3) permits shall be issued to any property owner during any calendar year except on approval of the zoning board of appeals. (1981 Code § 17.40.110)

10-9-14: MOBILE HOME PARKS:

In any district where mobile home parks are permitted, the establishment of such accommodations shall be subject to the following requirements:
   A.   Minimum Lot Size And Yards: The following regulations relative to the minimum lot size and minimum yard dimensions shall apply to the entire tract of land on which the mobile home park is situated:
      1.   A mobile home park shall be located on a tract of land not less than five (5) acres in area, with minimum width and depth dimensions of two hundred feet (200').
      2.   Any building, structure, or mobile home shall be located at least twenty five feet (25') from any front or rear lot line or any side lot line adjacent to a street and at least ten feet (10') from any other lot line.
   B.   Height: No building or structure within the mobile home park will exceed the height of thirty five feet (35').
   C.   Off Street Parking And Accessways:
      1.   There shall be provided, within the boundaries of the mobile home park site, not less than one off street parking space for each mobile home space.
      2.    The mobile home park site shall have direct access to a public street or highway by an accessway of at least forty feet (40') in width.
      3.   Each mobile home space shall abut on a driveway or accessway, at least twenty four feet (24') wide, with unobstructed access to a public street. Each mobile home space shall be located within one hundred feet (100') of such driveway or accessway. Appropriate turnaround space shall be provided at the terminus of any dead end accessways in the mobile home park sufficient to accommodate emergency vehicles.
   D.   Mobile Home Spaces:
      1.   The minimum individual area, width and depth requirements for mobile home spaces shall be as follows:
 
Area
Width
Depth
Dependent mobile home space
2,350 sq. ft.
42 ft.
50 ft.
Independent mobile home space
4,000 sq. ft.
42 ft.
70 ft.
      2.   Spaces shall be arranged and mobile homes parked in such manner that there is an open space of at least fifteen feet by thirty feet (15' x 30') at the rear of and as a part of each mobile home space; except, that where a common recreation area is provided that contains at least one hundred (100) square feet for each mobile home space, with a minimum total area of five thousand (5,000) square feet and the minimum width and depth dimension of one hundred feet (100'), the individual mobile home space may have the following minimum area, width and depth dimensions:
 
Area
Width
Depth
Dependent mobile home space
2,100 sq. ft.
42 ft.
45 ft.
Independent mobile home space
3,500 sq. ft.
42 ft.
60 ft.
   E.   Permitted Uses: Only residential uses and uses accessory thereto shall be permitted in a mobile home park. (1981 Code § 17.40.090)

10-9-15: RECREATIONAL VEHICLES:

The regulations of this section do not apply to travel trailers or other recreational vehicles parked in a permitted travel trailer park that conforms to the pertinent requirements of the village. The requirements of subsections A, C and D of this section do not apply to travel trailers or other recreational vehicles parked on a permitted recreational vehicle sales lot. (1981 Code § 17.40.120; amd. 2012 Code)
   A.   Not more than one travel trailer or other recreational vehicle shall be parked on any lot.
   B.   No travel trailer or other recreational vehicle shall be used as a dwelling.
   C.   No travel trailer or other recreational vehicle shall be used as an office or for any other commercial purpose.
   D.   No travel trailer or other recreational vehicle shall be parked on any front yard, except on a driveway. (1981 Code § 17.40.120)

10-9-16: HOME OCCUPATIONS:

   A.   Special Use Permit Required: Within the village, every home occupation shall be considered a special use.
   B.   Regulations: No home occupation shall be established or conducted except in conformity with the following regulations:
      1.   Such use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no others.
      2.   Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character thereof.
      3.   The total area used for such purposes shall not exceed the equivalent of one-half (1/2) the floor area, in square feet, of the first floor of the user's dwelling unit, if any; otherwise, the main floor of such dwelling unit.
      4.   There shall be no advertising, display or other indications of the home occupation on the premises, except the customary sign or nameplate for identification purposes only.
      5.   There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products; provided, that incidental retail sales may be made in connection with other permitted home occupations.
      6.   There shall be no exterior storage on the premises of material used in the home occupation nor of any highly explosive or combustible material.
      7.   There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.
      8.   A home occupation, including studios or rooms for instruction, shall provide additional off street parking area, reasonably adequate to accommodate needs created by the home occupation, of not less than one parking space for each three hundred (300) square feet of floor area devoted to the home occupation. Such parking shall be provided on the same lot as the home occupation.
      9.   For the purposes of this section, provided all requirements contained herein are met, the following shall be considered home occupations:
Art studio.
Dressmaking or millinery.
Professional office except as otherwise provided.
Teaching with musical instruction limited to two (2) pupils at a time.
      10.   The following home occupations are specifically prohibited:
   Animal hospital.
   Antique shop.
   Barbershop.
   Beauty parlor.
   Clinic.
   Funeral home.
   Hospital.
   Mortuary.
   Nursing home.
   Restaurant.
   Tearoom.
   Tourist home.
Veterinarian's office. (1981 Code § 17.40.050; amd. 2012 Code)