Savanna City Zoning Code

CHAPTER 2

GENERAL PROVISIONS AND REGULATIONS

10-2-1: INTERPRETATION:

(A) In the interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion and protection of the public health, safety, morals, welfare, comfort, and convenience.

(B) Where the conditions imposed by any provisions of this title upon the:

1. Use of land or buildings;

2. Bulk of buildings;

3. Floor area requirements;

4. Lot area and lot width requirements; and

5. Yard requirements;

are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this comprehensive amendment or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

(C) This title is not intended to abrogate any easement, covenant, or other private agreement; provided, that where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this title shall govern.

(D) No building, structure, or use not lawfully existing at the time of the adoption of this title, shall become or be made lawful solely by reason of the adoption of this title; and to the extent that, and in any manner that said unlawful building, structure, or use is in conflict with the requirements of this title, said building, structure, or use remains unlawful hereunder. (1977 Code)

10-2-2: SEPARABILITY:

It is hereby declared to be the intention of the city council that the several provisions of this title are separable, in accordance with the following:

(A) If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provision of this title not specifically included in said judgment; and

(B) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular property, building, or structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment. (1977 Code)

10-2-3: ALLOWABLE USE OF LAND, BUILDINGS OR STRUCTURES:

The following uses of land, buildings, or structures are allowed in the districts indicated hereinafter in chapters 3, 6 and 7 of this title under the conditions specified in this title:

(A) Uses lawfully established and existing on the effective date of this title.

(B) Uses lawfully established and existing on the effective date of this title, rendered nonconforming by the provisions herein shall be subject to the regulations of chapter 9 of this title.

(D) Conditional uses as designated in chapters 4, 6 and 7 of this title. (1977 Code)

A classification of conditional permitted uses is hereby established to provide for certain uses hereinafter specified that are unique in physical and operational characteristics, but are deemed desirable or necessary for public convenience and welfare within a given district or districts. But to the unique characteristics of conditional permitted uses, special standards and other conditions for their location and development are herein set forth for each conditional permitted use in district regulations. Additions or alterations to existing buildings or land improvements for expansion of a use herein designated as a conditional permitted use shall conform with standards and other conditions governing the conditional permitted use as herein set forth for the district in which it is located. Conditional uses shall only be approved by the council after receiving the recommendations of the planning and zoning board. (1977 Code; amd. Ord. 2158, 4-26-2016)

10-2-4: PROHIBITED USES OF LAND, BUILDINGS OR STRUCTURES:

No building or lot shall be devoted to any use other than one which is specified, or a conditional use, by the district regulations applicable to the district in which such building or land is located, as herein set forth in chapters 4, 6 and 7 of this title. However, where a building permit for a building or structure has been issued in accordance with law, prior to the effective date of this title, and where construction has been begun within six (6) months of such effective date and is being prosecuted to completion, said building or structure may be completed in accordance with approved plans on the basis of which the building permit was issued; and further, may, upon completion, be occupied under a certificate of occupancy by the use originally designated subject to the provisions herein set forth in chapter 10 of this title. (1977 Code)

10-2-5: CONTROL OVER USE:

No building or premises shall hereafter be used or occupied, and no building or structure, or part thereof, shall hereafter be erected, raised, moved, reconstructed, extended, enlarged, or altered, except in conformity with the regulations herein specified for the district in which it is located. (1977 Code)

10-2-6: CONTROL OVER BULK:

All new buildings shall conform to the bulk regulations established herein for the district in which each building is located, and no existing building shall be enlarged, reconstructed, structurally altered, converted, or relocated in such a manner as to conflict with the bulk regulations of this title for the district in which such building shall be located, except in a residence district, a lot of record which was designated as a numbered lot in the recorded subdivision plat that was a record prior to the effective date of this title and such lot does not conform with the minimum lot width or area requirements of this title may be used for a single- family detached dwelling, provided there is conformance with all other applicable regulations of this title, or as otherwise permitted in this title. (Ord. 1849, 8-22-2006)

10-2-7: BUILDING ON LOT:

In single-family residence districts, every single-family detached dwelling hereafter erected or structurally altered shall be located on a lot, and there shall be not more than one dwelling unit nor more than one principal building on one lot, except as otherwise provided by this title. (1977 Code)

10-2-8: ACCESSORY BUILDINGS, STRUCTURES AND USES:

(A) Accessory uses shall be permitted with all permitted and conditional uses as allowed in the various zoning districts.

(B) Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use, and shall not include the keeping, propagation, or culture of pigeons, poultry, rabbits, bees, or livestock, whether or not for profit.

(C) Radio or television poles or towers and antennas, attached or detached, not more than thirty five feet (35') in height aboveground shall be permitted as accessory structures on lots in any district. (1977 Code)

(D) Except as otherwise regulated herein, an accessory building hereafter erected, altered, enlarged or moved on a lot shall conform with the following: (Ord. 2097, 6-24-2014)

1. Proximity To Principal Building: A detached accessory building shall not be nearer than ten feet (10') from the nearest wall of the principal building.

2. Attached Accessory Building Setbacks: An accessory building attached to the principal building shall adhere to the required setbacks for the zoning district in which the building is located.

3. Detached Accessory Building Setbacks; Exceptions: A detached accessory building shall adhere to the front yard, side yard, and side yard abutting a street setback for the district in which it is located and be not less than five feet (5') from the rear lot line, except:

(a) On corner lots, the building should not be closer to the rear lot line than the required interior side yard setback for the district in which the building is located.

(b) On through lots, not less than the distance required for a front yard setback for the district in which the building is located from the rear lot line adjoining a street; and

(c) An accessory building having vehicular access from an alley, shall be set back not less than ten feet (10') from the lot line abutting the alley. (Ord. 2014, 7-10-2012)

4. Location Of Propane Tanks: Propane tanks larger than one hundred twenty five (125) gallon water pounds must be located outside, in the rear yard at least ten feet (10') away from all principal structures and at least ten feet (10') from the rear lot line. On a through lot, the rear yard shall be the yard most opposite the street having the residence address.

(a) Foundations: Propane tanks shall rest on either a concrete, asphalt, masonry or equal quality surface.

(b) Screening: All propane tanks shall be properly screened from the view of adjacent properties by a fence, wall or hedge.

(c) Maintenance: Propane tanks shall be properly maintained to assure safe operation. The ground below and around the tank shall be kept clear of grass and weeds. (Ord. 2097, 6-24-2014)

(E) A detached accessory building shall not exceed eighteen feet (18') in height. The maximum height may be increased as long as all setbacks are increased by one foot (1') for each additional foot of height exceeding eighteen feet (18').

(F) The footprint of a detached accessory building on lots smaller than one acre shall not exceed the ground floor area of the principal building. The footprint may be increased by one-half (1/2) the ground floor area of the principal building for lots having an area of one acre, with an additional increase of one-half (1/2) the ground floor area of the principal building for each additional acre. (Ord. 2014, 7-10-2012)

10-2-9: YARDS, GENERAL:

(A) The minimum yard space required for one structure shall not again be considered as yard space for another adjoining structure.

(B) No lot shall be reduced in area so that the yards or other open space and lot area become less than required by this title. (1977 Code)

(C) On streets where a front yard setback of more or less depth than required by this title has been maintained for principal buildings existing on lots or tracts having a frontage of forty percent (40%) or more of the total frontage on one side of any street lying between two (2) intersecting streets, the front yard setback line shall be established by determining the average setback distance of the principal buildings on the same side of the street, measured from the street right of way line to the nearest wall of the principal building, but in no instance shall the established front yard setback be greater than what is required by the applicable zoning district, nor shall the required setback be decreased by more than ten feet (10'). (Ord. 1849, 8-22-2006)

(D) On a through lot, either of the lot lines abutting a street right of way line may be established as its front lot line, except that where two (2) or more through lots are contiguous and a front lot line has been duly established, the same street lot line shall thereafter be deemed to be the front lot line of all such contiguous lots. (1977 Code)

10-2-10: PERMITTED OBSTRUCTIONS IN REQUIRED YARDS:

Obstructions in required yards shall be permitted in accordance with the following:

(A) In all yards:

1. Awnings and canopies, projecting into a yard not more than twenty five percent (25%) of the depth or width of the yard;

2. Chimneys projecting twenty four inches (24") or less into the yard;

3. Flagpoles;

4. Ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than eighteen inches (18") into a yard;

5. Ornamental light standards;

6. Steps which are necessary for access to permitted buildings or for access to lots from streets, and required exterior fire escapes; and

7. Trees, shrubs and flowers including flower boxes and urns. (1977 Code)

(B) In front yards and side yards abutting a street:

1. Fuel pumps and air and water outlets in conjunction with automobile service stations, provided they shall be set back at least fifteen feet (15') from the front lot line;

2. One-story bay windows projecting three feet (3') or less into the yard;

3. Open off street parking spaces in B-1, B-2, and M districts;

4. Overhanging eaves and gutters, projecting not more than twenty five percent (25%) of the depth of the yard;

5. Signs and nameplates as regulated in other applicable codes of the city; and

6. Balconies and open porches may project a maximum of ten feet (10').

1. Air conditioning condensers for central air conditioning units, provided location conforms with other applicable ordinances and codes of the city;

2. Arbors and trellises;

3. Balconies may project a maximum of ten feet (10');

4. Open porches may project a maximum of ten feet (10');

5. Enclosed off street parking spaces, attached or detached, provided such accessory building shall not cover more than thirty percent (30%) of the required area of a rear yard;

6. Fallout shelters, attached or detached;

7. One-story bay windows projecting three feet (3') or less into the yard;

8. Open off street parking and off street loading spaces as herein regulated;

9. Outdoor fireplaces; birdbath and other lawn furniture either temporarily or permanently affixed to the ground;

10. Overhanging roof eaves and gutters, provided eaves and gutters of detached accessory buildings are not less than two feet (2') from a lot line;

11. Playground and laundry drying equipment;

12. Sheds, toolrooms, or similar buildings customarily accessory to the principal use;

13. Tennis courts, private. (Ord. 1849, 8-22-2006)

(D) In interior side yards:

1. Open off street parking spaces;

2. Overhanging eaves and gutters projecting twenty four inches (24") or less into the yard. (1977 Code)

10-2-11: TRAILERS AND MOBILE HOMES AS REGULATED BY MOBILE HOME PARK SECTION:

(A) Trailers and mobile homes shall not be permitted in any district as accessory buildings, except when used as temporary offices or storage space incidental to construction of a building development for the period of time such construction is actively undertaken, and provided trailers and mobile homes used for such purposes are located on the same lot as the building development on a lot contiguous thereto, or when located in a mobile home park. (1977 Code)

(B) Mobile homes, trailers or similar portable structures used or so constructed as to permit their being used as a dwelling place for one or more persons are prohibited except within the confines of a licensed mobile home park, except that parking mobile homes for display prior to sale or storage prior to delivery may be permitted in districts where mobile home or trailer sales or manufacturing establishments are permitted or as conditional uses. (Ord. 1620, 9-22-1998)

10-2-12: FLOOR AREA RATIO APPLICATION IN PARTICULAR CASES:

Where two (2) or more contiguous lots are in common ownership and there was, on the adoption of this code, an existing building on one of such lots with less than the permitted maximum floor area ratio, the owner may elect to add the unused portion of the floor area ratio of the existing building to the maximum permitted floor area ratio of any addition to the existing building to be constructed on the adjoining lot. (1977 Code)

10-2-13: BED AND BREAKFAST:

(A) Definitions: As used in this section, unless the context otherwise requires:

BED AND BREAKFAST ESTABLISHMENT:	An operator occupied residence providing accommodations for a charge to the public with no more than five (5) guestrooms for rent, in operation for more than ten (10) nights in a twelve (12) month period. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses, or food service establishments.
GUESTROOM:	A sleeping room intended to serve no more than two (2) transient guests per night.
OPERATOR:	The owner of the bed and breakfast establishment, or the owner's agent, who is required by this section to reside in the bed and breakfast establishment, or on contiguous property. (Ord. 2060, 9-10-2013)

(B) Permit Required; Fee:

1. No bed and breakfast establishment shall commence doing business until a license has been issued by the city. Each applicant for a new or renewal license, shall pay a fee of one hundred dollars ($100.00) for licenses issued in 2023. For new or renewed licenses each subsequent year, the fee shall be increased by fifty dollars ($50.00) until 2026 whereupon the fee for all new licenses shall remain at two hundred fifty dollars ($250.00). Said fee shall be paid prior to the inspections being made as required hereof. Said fee shall be nonrefundable, even if the license is never issued.

2. No license shall be granted for a period longer than one year, every license shall expire one year after date of issuance. No licensee may assign, sell, or transfer to any other person, even if such other person intends to conduct the same business, occupation or activity as the licensee at the location used by the licensee. Such other person must apply and pay the fee for a new license in accordance with the provisions of this code.

(C) Inspection Reports; Proof Of Registration: Within ninety (90) days after the issuance of a bed and breakfast license each applicant shall provide:

1. A proof of registration with the Illinois department of revenue and the city for the purpose of collecting and submitting hotel/motel tax.

2. A fire inspection report from the Savanna fire department stating that the subject bed and breakfast establishment complies with fire and safety regulations applicable to said establishments shall be filed with the zoning officer prior to issuing the license.

3. A health inspection report from Whiteside County health department stating that the subject bed and breakfast establishment complies with state health regulations applicable to said establishment shall be filed with the zoning officer prior to issuing the license.

4. A city zoning and building report from the building official stating that the subject bed and breakfast establishment complies with city building, electrical and plumbing codes applicable to said establishment shall be filed with the zoning officer prior to issuing the license.

5. Certificate of successful completion from the health department as described in the current addition of the state of Illinois food service sanitation rules and regulations shall be submitted to the zoning officer within six (6) months after the date of issuance.

(D) Application; Site Plan; Floor Plan: An application for a bed and breakfast establishment shall include such information as the zoning administrator may require, including, but not limited to, a site plan depicting existing conditions of any proposed modifications to buildings, walks, drives, parking, berming, planting, fencing, signing and lighting. Pertinent elevations or perspective drawings may be requested for more accurate review of various details; photographs of the proposed house, accessory buildings and lot shall be provided; and a floor plan of the house showing all rooms and room sizes and the designation of room usage shall be provided.

(E) Districts Where Permitted: It is hereby declared to be the intention of the city council that bed and breakfast establishments be permitted in all zoning districts except manufacturing districts in conformity with regulations herein specified.

(F) Act Adopted: Adoption of 50 Illinois Compiled Statutes 820/1 et seq., as amended cited as the "bed and breakfast act" is hereby adopted and incorporated by reference for the regulation of bed and breakfast establishments within the zoning districts established.

(G) Designation Of Health Department: It is hereby declared to be the intention of the city council that the Whiteside County health department be and is hereby designated to provide for inspection of bed and breakfast establishments.

(H) Guest Register: The establishment operator shall maintain a guest register listing the name, complete address and automobile license plate number, which register must be maintained for each such guest for a period of three (3) years after such guest has stayed in the establishment. Such register shall be made available for inspection by any city, county or state official charged with monitoring compliance with city, county or state regulations relating to bed and breakfast establishments.

(I) Signs: A sign may be displayed in accordance with section 4-3-2 of this code.

(J) Liability Insurance: Prior to obtaining a license, proof of liability insurance coverage in the amount of three hundred thousand dollars ($300,000.00) per occurrence and three hundred thousand dollars ($300,000.00) annual aggregate with respect to the bed and breakfast establishment shall be provided to the zoning officer. Said proof shall also be provided prior to license renewal.

(K) Impact Of A Bed And Breakfast Establishment: It is the stated intention of the city that a bed and breakfast establishment shall not significantly change the character of any particular zoning district.

1. The capacity of a particular zoning lot to absorb the impact of said establishments shall be considered. Consideration shall be given as a guide in determining the number of guestrooms to be permitted in a bed and breakfast establishment, to lot size, natural topography and vegetation, setback requirements, parking requirements, the location of the house on the lot, the proximity of the house to neighboring houses, the size of the house and the number of original bedrooms indigenous to a particular house design.

2. The number of guestrooms permitted in a particular house shall relate to the size of the zoning lot, such that the smaller the zoning lot, the fewer guestrooms shall be permitted.

3. The availability of off street parking shall be considered. The capacity of a zoning lot to accommodate off street parking shall be related to the size and nature of the lot.

(L) Parking Requirements: Off street parking shall be provided in accordance with chapter 8 of this title, except as follows: A minimum of two (2) off street spaces parking for each bed and breakfast establishment will be required.

(M) Plumbing Requirements: All buildings used for vacation rental establishments shall provide adequate approved sanitary facilities including at least one water closet, one washbasin and one bathtub or shower installed to meet basic requirements of sanitation and personal hygiene in accordance with the Illinois plumbing code in accordance with the following:

Number Of Guestrooms	Number Of Sanitary Facilities Required

1	1
2	1
3	1
4	2
5	2

(Ord. 1430, 2-18-1992; amd. Ord. 1440, 8-25-1992; Ord. 2060, 9-10-2013; Ord. 2317, 1-24-2023)