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Sandoval City Zoning Code

ARTICLE 40

III ZONING REGULATIONS

40-3-1 ESTABLISHMENT OF DISTRICTS

In order to implement this Code, and to achieve the objectives in Article I, the entire Municipality is hereby divided into the following zoning districts:

DISTRICTDESIGNATIONMINIMUM AREA*
Agricultural
A-13 acres
Single Family Residence (Large)
SR-15 acres
Single Family Residence (Small)
SR-25 acres
Multi-Family Residence
MR-15 acres
Mobile Housing
MH-13 acres
Central Business
B-12 acres
Highway Business
B-23 acres
Industrial
I-15 acres

* The “minimum area” requirement (which is intended to prevent spot zoning) refers to the smallest total area of contiguous parcels that can properly be given the particular district classification. The minimum area requirement is not satisfied merely because the acreage of numerous noncontiguous parcels, when aggregated, happens to equal or exceed the minimum area indicated above.

40-3-2 MAP - ANNUAL PUBLICATION

The boundaries of the listed zoning districts are hereby established as shown on the zoning map of this Municipality. The zoning map, including all notations and other information thereon, is hereby made a part of this Code by reference. Official copies of the zoning map shall be kept on file in the office of the Zoning Administrator or other appropriate official.

In accordance with State Law, the Administrator shall publish the Village's zoning map not later than March 31st of each year. However, no map shall be published for any calendar year during which there have been no changes in zoning districts or regulations. (See 65 ILCS Sec. 5/11-13-19)

NOTE: The map shall be published if there are any annexations or any changes.

40-3-3 DETERMINING TERRITORIAL LIMITS

In determining with precision what territory is actually included within any zoning district, the Zoning Administrator shall apply the following rules:

  1. Where a district boundary as indicated on the zoning map approximately follows the features listed below on the left, the corresponding feature on the right shall be deemed the district boundary:

    1.Center line of any street, alley or highwaySuch centerline
    2.Lot lineSuch lot line
    3.Railroad tracksRight-of-way line of such track
  2. Whenever any street, alley or other public way is legally vacated, the zoning districts adjoining each side of such vacated public way shall automatically extend to the center of such way, and all territory included in the vacated way shall thereafter be subject to all regulations of the extended districts.
  3. All territory (including bodies of water) that lies within the zoning jurisdiction of this Municipality, but which is not shown on the zoning map as being located within any district, shall comply with the zoning regulations of the most restrictive adjoining district.

40-3-4 ANNEXED TERRITORY

Any territory hereafter annexed to the Municipality shall automatically be in the R-1, Single-Family Residence District until duly changed by an amendment to this Code; except that the Village Board, with the advice of the Board of Appeals, may annex any territory as any other zoning district or districts herein established if all legal requirements for zoning the property at the time of the annexation and the requirements for amending this Code by the extension of the zoning district provisions are met. (See Sec. 40-10-30 for amendments)

40-3-5 GENERAL PROHIBITION

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

  1. Agricultural Exemption. The provisions of this Code shall not be interpreted or administered so as to restrict the erection, maintenance, alteration, or extension of buildings (including farmhouses) or structures used or intended to be used for agricultural purposes on agricultural land except that such buildings or structures shall be required to conform to applicable setback regulations. Whenever a portion of a tract of land ceases to be used primarily for agricultural purposes, all pertinent provisions of this Code shall apply to that portion.

40-3-6 UNLISTED USES PROHIBITED

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 Appeals, following consultation with the Zoning Administrator finds that the unlisted use is similar to and compatible with the listed uses, they may make a written ruling to that effect and classify the use as a use permitted by right. The Board of Appeal's decision shall become a permanent public record.

40-3-7 TEMPORARY USES

Except as specifically provided otherwise in this Code, 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-for-profit, unless a temporary use permit has been obtained. Applications for temporary use permits shall be treated in the same way as applications for special use permits. A temporary use permit shall be valid for not more than one (1) year unless it is properly renewed (See Section 40-10-29).

40-3-8 PRINCIPAL BUILDING AND MINIMUM REQUIREMENTS

Except as specifically provided otherwise:

  1. Only one principal building or structure shall be permitted on any residential lot; and
  2. No portion of any minimum area, minimum dimensions, or minimum yards required for any lot, structure, or use shall be counted to satisfy the minimum area, dimensions, or yards requirements for any other lot, structure or use. (See Sec. 40-8-2)

40-3-9 ACCESS REQUIRED

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.

40-3-10 FRONT SETBACKS - CORNER/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.

40-3-11 FRONT SETBACKS IN CERTAIN BUILT-UP AREAS

Except as specifically provided otherwise, in the Central Business district and in all residential zoning districts, where lots having fifty percent (50%) or more of the frontage on one side of a street between intersections (that is, in one block) are developed with buildings, and the front setbacks of those lots do not differ by more than ten (10) feet, the minimum required front setback on that block shall be the average of the existing front set-backs; provided however, that in any built-up area, no front setback shall be less than fifteen (15) feet, nor shall any front setback greater than fifty (50) feet be required.

40-3-12 YARD INTRUSIONS

To the extent indicated below, the following features of principal buildings may intrude into yards without thereby violating the minimum setback requirements:

 FEATURESMAXIMUM INTRUSIONS
A.Cornices, chimneys, planters or similar architectural features
Two (2) feet
B.Fire escapes
Four (4) feet
C.Patios
Six (6) feet
D.Porches and stoops, if enclosed, unroofed, and at no higher than two (2) steps above ground level
Six (6) feet
E.Balconies, decks, porches
Four (4) feet
F.Canopies, roof overhangs
Four (4) feet

40-3-13 HEIGHT - EXCEPTIONS

  1. Necessary appurtenances. Chimneys, church spires, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas, or other necessary appurtenances commonly constructed above the roof line shall be permitted to exceed the maximum height limitations for the district in which they are located if they comply with all other pertinent ordinances of the Village.
  2. Intersections. On corner lots, in the triangular portion of land bounded by the street lines and a line joining these street lines at points thirty (30) feet from the point of intersection, no obstruction, whether natural or man-made, shall intrude into the air space that is between two (2) and ten (10) feet above the level of the adjacent street. (See Figure 1 at the end of this Code.)

40-3-14 SEWER AND SEPTIC TANKS

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 public sanitary sewerage system is reasonably accessible (that is, when the distance from the property in question to the nearest public sewer with available capacity does not exceed one hundred (100) feet, all sewage shall be discharged into such system whether or not a private sewerage system already exists or is more convenient.
  2. Whenever the public sewerage system is not reasonably accessible, 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:
    1. Illinois Private Sewage Disposal Licensing Act, (Ill. Comp. Stat., Ch. 225; Sec. 225/1 through 225/23) as amended from time to time; and
    2. Illinois Private Sewage Disposal Code No. 4.002, promulgated by the Director of the Illinois Department of Public Health, as amended from time to time; and
    3. Pertinent, current regulation issued by the Illinois Environmental Protection Agency; and
    4. Applicable codes and regulations of the Village, particularly the Subdivision Code.

The Administrator shall not issue any Certificate of Zoning Compliance unless, following consultation with the Village Engineer, he is satisfied that these requirements will be met. (Also, see Chapter 38 entitled “Utilities” of Revised Code)

40-3-15 ACCESSORY USES - PERMITTED

  1. Any accessory use shall be deemed permitted in a particular zoning district if such use:
    1. meets the definitions of “accessory use” found in Section 40-2-2;
    2. is accessory to a principal structure or use that is allowed in a particular zoning district as permitted or special use; and
    3. is in compliance with restrictions set forth in Section 40-3-16.
  2. If an accessory structure is attached to a principal structure, it shall be considered part of such structure. (See Definition of “Attached” in Section 40-2-2)

40-3-16 ACCESSORY USE RESTRICTIONS

  1. Height. No accessory use shall be higher than twenty-five (25) feet in any Zoning District; provided, there shall be no height limit on accessory structures related to agriculture.
  2. Schedule. 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; as provided in Section 40-3-17 at the conclusion of the Code.
  3. Yard Coverage. Accessory uses shall not cover more than thirty percent (30%) of a required rear yard.
  4. Use As Dwelling. Use of any accessory structure as a dwelling is strictly prohibited throughout the Village.

40-3-17 AREA-BULK REGULATIONS

To facilitate public understanding of this Code, the Area-Bulk Regulation Schedule is hereby adopted and declared to be an integral part of this Code and it may be amended in the same manner as any other part of this Code. The Schedule is found at the conclusion of this Code.

40-3-20 PLANNED DEVELOPMENT DEFINED

As used in this Division, the term “planned development” or “PD” means a development wherein, in accordance with an approved development plan:

  1. common open space is reserved;
  2. various housing types and other structures and uses may be mixed and/or
  3. overall average density does not exceed the usual zoning district limit.

40-3-21 OBJECTIVES

This Section authorizes development of Planned Developments and establishes procedures in order to achieve the objectives enumerated in Section 40-1-2 and the following objectives:

  1. to provide a regulatory mechanism whereby the Village can be assured that upon completion, approved development projects will substantially conform to the plans or models which constituted the basis for the issuance of the necessary zoning and subdivision permits;
  2. to permit development of a wide variety of housing types and other structures and uses in a single comprehensively planned project;
  3. to preserve the natural topography, scenic features, mature trees and historic structures existing on sites proposed for development;
  4. to encourage innovative site layouts and coordinated architectural treatment of different housing types and other structures;
  5. to ensure the provision of usable, common, open space in planned developments, and to spur installation of various amenities therein;
  6. to facilitate the economical installation of standard streets, sewers, utilities, and other improvements.

40-3-22 COMPLIANCE WITH REGULATIONS GENERALLY REQUIRED

Except as specifically provided otherwise in this Code, planned developments--including all structures and uses therein--shall, at a minimum, be built in conformity with all applicable codes and ordinances, including the Zoning code and the Subdivision Code.

40-3-23 DISTRICTS WHERE ALLOWED

Planned Developments may be built in any Zoning District, but only upon the issuance of a special-use permit by the Village Board after a hearing before the Board of Appeals. (See Sec. 40-10-26)

40-3-24 PERMISSIBLE DEVIATION FROM CODE REQUIREMENTS

The Planned Development concept is intended to afford both the developer and the Village considerable flexibility in formulating development proposals. Consequently, to the extent indicated in this Section, Planned Developments may deviate from generally applicable Code requirements without a variance. Any proposed deviation not listed below, however, shall require a variance.

  1. Mixed Uses. Planned Developments may include all types of residential structures and any other uses approved by the Board of Appeals, provided that in approving such mixed uses, the Board of Appeals may attach any conditions necessary to protect the public welfare.
  2. Lot and Structure Requirements. In Planned Developments, the Board of Appeals may approve any reasonable deviation from the lot and structure requirements of the particular zoning district so long as the different uses within the PD are appropriately interrelated and property abutting the PD is adequately protected from any potential adverse impacts of the development. “Lot and structure requirements” means minimum individual lot area, width and depth; minimum setbacks; and maximum structure height.
  3. Accessory Uses. In PDs the Board of Appeals may allow the developer to disregard the usual restrictions on accessory uses other than the prohibition against using an accessory structure as a dwelling.
  4. Location of Parking/Loading Spaces. By permission of the Board of Appeals, off-street parking and loading spaces in PDs need not be located in accordance with generally applicable requirements. The minimum number of such spaces, however, shall not be less than the number required as per Article V of this Code.

40-3-25 PROCEDURES FOR PLANNED DEVELOPMENTS

Every applicant for Planned Development approval shall comply with the procedural requirements of this Section. The required procedures are as follows:

  1. Filing development plan with the Zoning Administrator;
  2. Review of plans by Zoning Board;
  3. Provision by the developer of adequate assurance for the completion of required improvements as per the development plan and subdivision regulations;
  4. Recommendation by Zoning Board; if any;
  5. Public hearing by the Board of Appeals as per the requirements of Article X - Administration;
  6. Recommendation of the Board of Appeals regarding approval/rejection of the development plan;
  7. Recording of development plan with the County Recorder of Deeds;
  8. Approval of Village Board by ordinance.

40-3-26 APPLICATION; INFORMATION REQUIRED

Every applicant for approval of a development plan shall submit to the Administrator, in narrative and/or graphic form, the items of information listed below.

40-3-27 CRITERIA CONSIDERED

The Board of Appeals shall compile a written report which either accepts or rejects the Development Plan. In making their recommendation, the Board of Appeals shall consider the following criteria:

  1. The extent to which the proposed development is consistent with the Comprehensive Plan and with the purposes of this Code and of all other applicable codes and ordinances;
  2. The extent to which the proposed development deviates from the regulations that are generally applicable to the property (including, but not limited to, the use, lot and building regulations of the district), and the apparent merits, if any, of said deviations.
  3. Whether the proposed design of the PD makes adequate provisions for vehicular and pedestrian circulation, off-street parking and loading, separation of residential and commercial uses, open space, recreational facilities, preservation of natural features, and so forth;
  4. The compatibility of the proposed PD with adjacent properties and surrounding area; and
  5. Any other reasonable criteria that the Board of Appeals may devise.

40-3-28 DECISION BY BOARD OF APPEALS

The Board of Appeals shall not recommend any PD unless:

  1. The developer has posted a performance bond or deposited funds in escrow in the amount of the Village Engineer deems sufficient to guarantee the satisfactory completion of all required improvements; and
  2. The Village Attorney has stated that all legal instruments (particularly the restrictive covenants) are satisfactory; and
  3. The proposed PD, as evidenced by the Development Plan, complies with all applicable codes, regulations and ordinances. (Deviations to the extent permitted under Section 40-3-27 shall not be deemed as noncomplying.)

40-3-29 CHANGES IN APPROVED PLANS

No changes shall be made to any approved PD Development Plan, except as follows:

  1. Minor changes, if required by engineering or other circumstances not foreseen at the time the final development plan was approved.
  2. All other changes shall require a public hearing before the Board of Appeals.
  3. No approved change shall have any effect until it is recorded with the County Recorder of Deeds as an amendment to the recorded copy of the Development Plan. (See Division 40-X-5)

40-3-30 FAILURE TO BEGIN DEVELOPMENT

If a substantial amount of construction has not begun within one (1) year of the time stated in the approved construction schedule, the Development Plan shall lapse upon written notice to the applicant from the Zoning Administrator and shall be of no further effect. However, in his discretion and for good cause, the Zoning Administrator may extend for a reasonable time the period for the beginning of construction. If a final Development Plan lapses as per this Section, the following shall be applicable:

  1. The special-use permit shall be automatically revoked; and
  2. any zoning permits shall automatically become null and void; and
  3. all regulations applicable before the PD was approved shall automatically be in full effect.

40-3-31 MUNICIPAL EXEMPTION

In conjunction with any existing or proposed development, the Village shall be exempt from all of the provisions of this Section.

40-3-26.1 WRITTEN DOCUMENTS
  1. Legal description of the total site proposed for development;
  2. Names and addresses of all owners of property within or adjacent to the proposed Planned Development;
  3. Statement of the planning objectives to be achieved by the PD through the particular approach proposed by the applicant, including a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;
  4. Development schedule indicating the approximate date when construction of the PD or stages of the PD can be expected to begin and to be completed;
  5. Statement of the applicant’s intentions with regard to the future selling or leasing of all or portions of the PD, such as land areas, dwelling units, etc.
  6. Data indicating:
    1. total number and type of proposed dwelling units;
    2. gross and net acreage of parcel;
    3. acreage of gross and usable open space; and
    4. area of any commercial uses.
40-3-26.2 GRAPHIC MATERIALS
  1. Existing site conditions, including contours at ten (10) foot intervals and locations of watercourses, flood plains, unique natural features, and wooded areas;
  2. Proposed lot lines and plot designs;
  3. Proposed location, size in square feet and general appearance of all existing and proposed buildings (both residential and non-residential) and other structures and facilities;
  4. Location and size in acres or square feet or all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semi-public uses;
  5. Existing and proposed vehicular circulation system, including off-street parking and loading areas and major points of ingress and egress to the development (notations of proposed ownership--public or private--should be included where appropriate);
  6. Existing and proposed pedestrian circulation system, including its relationship to the vehicular circulation system and proposed treatments of points of conflict;
  7. Existing and proposed utility systems, including sanitary sewers, storm sewers, and water, electric, gas and telephone lines;
  8. General landscape plan indicating the treatment of both private and common open spaces and the location of required buffer strips;
  9. Enough information on land areas adjacent to the proposed PD to indicate the relationship between the proposed development and existing and proposed adjacent areas;
  10. Any additional information required by the Village to evaluate the character and impact of the proposed PD.
  11. Appropriate seals of the licensed surveyor, engineer or architect.