Scales Mound City Zoning Code
CHAPTER 10
RESIDENTIAL DISTRICTS
8-10-1: PURPOSES:
The residential districts set forth herein are established in order to protect public health and to promote public safety, convenience, comfort, morals, prosperity, and welfare. These general goals include the following specific purposes:
A. To protect residential areas against fire, explosion, noxious fumes, offensive noise, smoke, dust, vibrations, odors, heat, glare and other objectionable factors.
B. To protect residential areas to the extent possible and appropriate in each area against unduly heavy traffic, especially through traffic, and to alleviate congestion by promoting off street parking.
C. To protect residential areas against undue congestion of public streets and other public facilities by controlling the density of population through regulation of the bulk of buildings.
D. To protect and promote the public health and comfort by providing for ample light and air to buildings and the windows thereof.
E. To promote public comfort and welfare by providing for usable open space on the same lot with residential development.
F. To promote public convenience by permitting certain neighborhood commercial facilities to be established and operated.
G. To provide sufficient space in appropriate locations to meet the need for necessary and desirable services in the vicinity of residences which increase safety and amenity for residents and which do not exert any objectionable influences.
H. To promote the best use and development of residential land in accordance with a comprehensive land use plan, to promote stability of residential development and protect the character and desirable development and to strengthen the economic base of the village. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10-2: FENCES, BOUNDARY MARKERS AND OTHER PROTRUSIONS1:
Objects which protrude from ground level, such as, but not limited to, fences, walls, hedges and boundary markers, shall not be over five feet (5') in height and shall not be nearer than two feet (2') from any adjoining property line unless a joint building permit application is received from all adjoining landowners. Commercial fencing shall not be permitted within any residential district. (Ord., 3-1-2004)
8-10A-1: INTENT:
The intent of establishing a single-family residential district is to delimit certain areas for the construction of new housing of a more spacious and substantial nature and to ensure that high environmental standards are encouraged and maintained. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10A-2: PERMITTED USES:
The following uses are permitted within the single-family residential district:
Farmsteads and family operations, if on a parcel of land five (5) acres or larger and in accordance with all applicable village and state regulations.
Single-family residential and accessory buildings; except, that attached single-family units are not permitted except as part of an approved planned development.
Special uses as regulated by chapter 3, article B of this title.
Temporary buildings used for construction purposes for a period not to exceed one year. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10A-3: SITE PLANNING AND BULK REQUIREMENTS:
A. Building Height: No building within the SR district may be constructed, altered, added to, or moved into the district that would be higher than two and one-half (21/2) stories or thirty feet (30'), measured at the customary front of the building, unless specifically approved by the village board as being reasonable and necessary.
B. Minimum Lot Size: No principal building shall be constructed or located upon a lot or parcel of land smaller than five thousand (5,000) square feet in area if that lot or parcel of land was a lot or parcel of record on January 1, 1990. Minimum lot size for lots or parcels developed after January 1, 1990, shall be a minimum of six thousand (6,000) square feet in area.
C. Minimum Yard Requirements: No building shall be constructed, altered, added to, or moved into the SR district unless the following yards are provided and maintained:
1. Front Yard: Each lot shall have a front yard of not less than twenty seven feet (27') in depth, except in such areas of the village where the predominant number of existing buildings have front yard setbacks of either greater or less than twenty seven feet (27'). In such areas, the setback shall equal the average setback of those existing buildings. In no case shall a front yard setback of more than fifty feet (50') be required.
2. Side Yards: Each lot shall have a side yard on each side of a principal structure equal to not less than ten feet (10') of the width of the lot. The side yard facing a street on a corner lot shall meet the same requirements as for a front yard in subsection C1 of this section.
3. Rear Yard: Each lot shall have a rear yard equal to not less than ten percent (10%) of the lot depth. An accessory building may be constructed or altered within this rear yard in accordance with section 8-5-7 of this title.
D. Waivers And Modifications: The standards of this section may be waived or modified in accordance with section 8-3-4 of this title when special conditions such as topography, soil conditions, or landscaping are such as to substantially limit the use of the lot if the requirements of this section were to be followed exactly. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10A-4: ALLOWABLE OBSTRUCTIONS:
The following shall not be considered as obstructions when located within or over required yards:
Arbors or trellises.
Awnings or canopies.
Bay or oriel windows.
Breezeways or open porches (rear and side yards only).
Chimneys.
Fences, walls, or hedges not over five feet (5') in height; except, that any fence, wall, or hedge (unless open for through visibility) located within or around any required front yard shall not be over five feet (5') in height.
Flagpoles.
Open parking areas in accordance with chapter 8 of this title.
Permitted signs in accordance with chapter 11 of this title relating to signs.
Roof overhangs if not in excess of three feet (3').
Steps or stairways.
Terraces. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10B-1: INTENT:
The intent of establishing a low density residential district is to permit the construction of a limited number of new single-family homes outside the area served by municipal sewer and water systems. Such areas must be assured of adequate space for the proper performance of septic systems and individual wells. Even though such development is permitted, it is not the intent of this article to encourage the redevelopment of agricultural areas for residential purposes or to alter the character of traditionally agricultural areas. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10B-2: PERMITTED USES:
All uses permitted within the single-family residential district are permitted within the low density residential district. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10B-3: SITE PLANNING AND BULK REQUIREMENTS:
A. Building Height: Same as for the single-family residential district.
B. Minimum Lot Size: No principal building shall be constructed or located upon a lot or parcel of land smaller than thirty thousand (30,000) square feet in area.
C. Minimum Yard Requirements: Same as for the single-family residential district. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10C-1: INTENT:
The intent of establishing a general residential district is to encourage adequate new construction and rehabilitation activities in those older sections of the village that are a mixture of old and new buildings. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10C-2: PERMITTED USES:
All uses permitted within the single-family residential district are permitted within the general residential district including the following additional uses:
Apartment buildings or townhouse structures containing dwelling units for not more than four (4) families and located on a lot or parcel of land not smaller than two thousand (2,000) square feet per dwelling unit unless such construction is part of a planned development as defined in section 8-3B-6 of this title. Apartment buildings or townhouse structures shall not be constructed on any lot or parcel of land smaller than six thousand (6,000) square feet.
As additional special uses, subject to chapter 3, article B of this title, antique and gift shops, art or craft studios, private museums, tourist homes, and other tourist oriented activities subject to the same limitations and regulations as are neighborhood commercial facilities and as set forth in chapter 11 of this title. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10C-3: SITE PLANNING AND BULK REQUIREMENTS:
A. Building Height: Same as for the single-family residential district (subsection 8-10A-3A of this chapter).
B. Minimum Lot Size: No principal building shall be constructed on a lot or parcel of land smaller than six thousand (6,000) square feet in area unless such lot or parcel was in existence at the effective date hereof and is not contiguous with other vacant lots or parcels in the same ownership.
C. Minimum Yard Requirements: Same as for the single-family residential district. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10D-1: MOBILE HOMES OUTSIDE MOBILE HOME PARKS:
It shall be unlawful for persons to keep, park, store or maintain a mobile home in the village outside of a mobile home park which is duly licensed hereunder, except as herein specifically permitted. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10D-2: REMOVAL OF TRANSPORTING DEVICES:
Removal of the wheels or other transporting device, except the temporary detachment of a towing unit, from any mobile home shall not be construed as converting the same into a permanent structure. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10D-3: STORAGE AND PARKING OF MOBILE HOMES:
A mobile home may be parked or stored in the village regardless of the other provisions hereof; provided, that it shall not be used for living or sleeping purposes during such time as it is so stored or parked; and provided moreover, that it shall not be a nuisance and does not constitute a fire hazard, and if such trailer is parked within a mobile home park, it shall be parked in the same location as occupied mobile homes. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10D-4: MOBILE HOMES AS OFFICES:
No mobile home shall be maintained in the village as a permanent office. Such office use as is compatible with the demonstration and sale of such articles or services as may be readily transported in a mobile home by a distributor or salesman may be permitted in a mobile home on a legally located parking lot within the business or industrial area of the village for a period of time not to exceed seven (7) days, provided such mobile home is not used for sleeping or living purposes during such time. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10D-5: MOBILE HOME PARKS:
A. Compliance Required; Location: Any person seeking to establish a mobile home park within the village shall do so in the manner herein prescribed and at a location where each boundary of the mobile home will be at least two hundred feet (200') away from any permanent residential building, public park, public building, hospital or school located outside the mobile home park unless the persons owning property within the two hundred foot (200') area consent in writing to the establishment of the mobile home park.
B. General Requirements: Requirements for all mobile home parks shall be as follows:
1. Drainage: They shall be well drained and so located that drainage of the park area will not endanger any water supply, be free from any nuisances and health hazards and shall present a pleasing well kept appearance.
2. Minimum Area For Mobile Home Site: The site on which each mobile home shall be accommodated shall have a minimum area of one thousand (1,000) square feet, clearly defined by appropriate markers so that its boundary lines can be easily seen and determined, and said area unit shall be so graded and maintained as to provide adequate and proper drainage.
3. One Mobile Home Per Site: Each mobile home shall be parked within one area unit.
4. Location Of Mobile Home On Site: No mobile home, including all accessory equipment or facilities, except one towing unit and an ornamental boundary fence of not more than three feet (3') in height, shall be permitted to park closer than five feet (5') to the side lot lines of the park, or closer than ten feet (10') to a public street, alley or building, nor shall it be so parked that it is closer than ten feet (10') to any other mobile home or any building, awning or shed located in the mobile home park.
5. Driveways And Accesses: All area units shall be systematically arranged and shall, along one side, abut upon a continuous driveway of not less than twenty four feet (24') in width, which shall have at all times not less than fourteen feet (14') of unobstructed access of ingress and egress to a public street, alley or highway. All driveways shall be graded and surfaced with cinders, gravel, crushed rock or other suitable material as to afford year round travel, shall be well marked in the daytime and lighted at night with twenty five (25) watt lamps at intervals of one hundred feet (100') located approximately fifteen feet (15') from the ground.
6. Towing Units: All towing units for mobile homes within the mobile home park shall be parked either entirely within the area unit or parked parallel along the side of the drive and partly within the area unit. All such parking shall be done in a manner so as to provide the aforesaid fourteen foot (14') unobstructed driveway passage.
C. Sanitation Requirements: The following sanitation requirements shall be followed:
1. An adequate supply of water of safe, sanitary quality approved by the department of public health shall be furnished at each mobile home park.
2. Water shall be supplied from faucets or other approved type drinking fountains only. Faucets or drinking fountains shall not be further in distance than eighty feet (80') from any area unit.
D. Fire Extinguishers: Every mobile home park shall be equipped at all times with at least one fire extinguisher of at least two and one-half (21/2) gallons' capacity, of a foam type, in good working order at all times, and adequately protected from freezing, for every ten (10) units, or fraction thereof. Such extinguishers shall be located as to be not further than one hundred feet (100') from any area unit.
E. License Requirements:
1. License Required: It shall be unlawful for any person to establish, maintain or operate within the corporate limits of the village any mobile home park unless such person first secures and properly possesses a license therefor as herein provided.
2. Application For License:
a. Any person desiring to establish or maintain a mobile home park shall file with the village written plans setting forth:
(1) The full name and address of the applicant or applicants, or names and addresses of the partners if the application is a partnership, or the names and addresses of the officers if the applicant is a corporation, and the present or last occupation of the applicant at the time of the filing of the application.
(2) The location and legal description of the tract of land upon which the mobile home park is proposed to be operated and maintained.
(3) The proposed and existing facilities in the mobile home park for water supply, garbage and waste disposal, sewage, fire protection, and the proposed alterations therein and the maintenance thereof.
(4) The proposed method of lighting the structures and land upon which the mobile home park is to be located.
b. An affidavit of the applicant as to the truth of the matters contained in the application shall be attached thereto.
3. License Fee: Each application for an operating license shall be accompanied by a license fee as follows:
a. Capacity of ten (10) trailers or less: One hundred dollars ($100.00).
b. Capacity of eleven (11) to and including twenty (20) trailers: Two hundred dollars ($200.00).
c. Capacity of twenty one (21) or more trailers: Two hundred dollars ($200.00), plus six dollars ($6.00) per area unit in excess of twenty (20).
4. Issuance Of License: The village shall issue a license for the operation of a mobile home park upon a showing that all requirements are complied with and upon payment of the proper fee as herein provided.
5. Expiration Of License; Fee Prorated; Renewals: Each such license shall expire at the end of the fiscal year in which issued, but in the event a license is issued more than a month after the beginning of any fiscal year, the fee to be paid shall be reduced in proportion to the full calendar months which have expired in said fiscal year. Before any license shall be renewed, the premises shall be inspected to determine whether full compliance has taken place.
6. Posting License: The license required by this subsection shall be conspicuously posted on the premises of the mobile home park at all times.
7. Violations; Revocation Of License: If at any time a mobile home park is found to be in violation of the provisions of this title, the licensee of such mobile home park shall be notified of such condition. If the violation is not corrected within a reasonable time after notification, the license for such mobile home park may be revoked by the village board of trustees. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10E-1: DEFINITIONS:
Definitions applicable to this article are as provided in chapter 2 of this title. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10E-2: EXISTING ESTABLISHMENTS:
Bed and breakfast establishments operating prior to the effective date hereof shall comply with this title. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10E-3: LICENSE REQUIREMENTS:
A. License Required: Only those persons who comply with the requirements of this title shall be entitled to hold and retain a license to operate a bed and breakfast establishment in the county.
B. Application For License: Persons desiring to operate a bed and breakfast establishment shall make written application for license on forms provided by the licensing agency. Such application shall include information pertaining to the requirements specified in the act. In addition, when the establishment is not serviced by a public sewer and/or water facility, the applicant shall submit documentation that: 1) the water supply is from a source constructed and operated according to law; and 2) the sewage disposal system is constructed and operating in conformance with the applicable state and local ordinances and regulations, and is of sufficient size to adequately treat the sewage produced.
C. License Fee: The licensing fee for the initial year of operation shall be seventy five dollars ($75.00) for establishments with one or two (2) guestrooms, and one hundred dollars ($100.00) for establishments with three (3) to five (5) guestrooms. License fees for subsequent years shall be sixty dollars ($60.00) for all bed and breakfast establishments. The licensing period shall be January 1 through December 31.
D. Liability Insurance: Each licensee shall maintain a minimum of one hundred fifty thousand dollars ($150,000.00) liability insurance. A certificate of insurance shall be tendered by license applicant at the time of application. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10E-4: FIRE PREVENTION AND PROTECTION:
The applicable local fire department is authorized to inspect the premises of the proposed bed and breakfast facility for conformance with the following regulations. A written report shall be furnished by the fire department to the health department indicating approval or disapproval of the facility for use as a bed and breakfast establishment.
A. Minimum Requirements: Bed and breakfast establishments shall meet the requirements for one- and two-family dwellings set out in chapter 22 of the NFPA 101 life safety code, and the additional requirements set forth in this section.
B. Smoke Detectors:
1. Smoke detectors must be either permanently wired into the bed and breakfast structure's AC power line, with battery backup, or be otherwise interrelated so as to comprise a system that is, in the judgment of the local fire chief, of equal or greater value.
2. In the event that a smoke detector system is once approved by the local chief of the fire department, it shall thereafter be deemed to be a system that complies with the requirements of this section.
3. Multistation units shall be interconnected so that the activation of one detector will activate all of the detectors in the bed and breakfast or will activate other centrally located warning devices in the bed and breakfast. Smoke detectors shall be installed as follows: one in each guestroom used for sleeping purposes; one in each main hallway or corridor on each floor; one in each living room or lounge area; one in each dining room; and one in each basement and in each workshop area. There shall be at least one smoke detector on each floor of the bed and breakfast, but excluding unoccupied attics.
4. The bed and breakfast owner shall provide such periodic written reports relating to smoke detector testing and maintenance as shall be required by the fire prevention bureau.
C. Guestrooms Above Second Floor Or In Basement:
1. All guestrooms located above the second floor or in the basement must have two (2) exits approved by the applicable local fire department. All vertical openings to any such floor or basement in which a guestroom is located shall be enclosed with enclosures continuous from floor to ceiling, which enclosures shall be by fire barriers such as walls or partition assemblies. Fire barriers shall have a minimum of one hour fire resistance rating.
2. Passageways used for exiting from any occupied floor or basement, and stairways used for exiting from any occupied floor or basement, shall be enclosed by materials that have a minimum of one hour fire resistance rating.
3. Self-closing doors approved by the fire department shall be used in any stairway used for exiting from any occupied floor or basement.
D. Workshop Areas: Any workshop or other area determined by the local fire department to contain equipment or materials constituting a potential fire hazard shall be enclosed with fire resistant materials.
E. Interior Finishes: All interior finishes and floor coverings in the bed and breakfast shall meet life safety code regulations so as to restrict the spread of fire. Cellulose, foam, plastic and other similar material shall not be used for interior finishes.
F. Exit Regulations And Floor Plan:
1. All hallways, corridors and stairways used as exits shall be adequately lighted at all times. Emergency lighting shall meet section 5-9 of the NFPA 101 life safety code.
2. A kitchen exit shall not be considered as an approved fire exit in a bed and breakfast where breakfast is served.
3. All interior and exterior exits shall open from the inside without the use of a key or special knowledge. All such exits shall be the width of a normal door and shall not be blocked or obstructed at any time.
4. A floor plan of the bed and breakfast shall be maintained in each guestroom, which plan shall show the location of each such guestroom and the exit locations to be used for such guestroom in the event of fire.
G. Access Roads: All access roads serving bed and breakfast establishments shall be of sufficient width and construction to accommodate emergency vehicles. Local fire departments shall designate minimum acceptable width required for access roads, but in no case shall the width be less than ten feet (10'). (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10E-5: FOOD SERVICE INSPECTION:
Upon receipt of the completed application and appropriate fee, the health authority shall make inspection of the bed and breakfast establishment to determine compliance with the provision of this title and compliance with the Illinois state bed and breakfast act 1 . When the inspections reveal that the applicable requirements have been met, a license shall be issued. Licenses shall not be transferable from one person to another person or place. Additional inspections shall be made annually for license renewal, and as often as necessary during the period of operation to assure there is compliance with this chapter. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10E-6: ENFORCEMENT:
A. Right Of Entry: The health authority shall be permitted to enter any bed and breakfast establishment within Jo Daviess County for the purpose of making inspection to determine compliance with this title.
B. Notice Of Violation:
1. Whenever the health authority determines that there are reasonable grounds to believe that there has been a violation of any provision of the act or the rules and regulations issued, the health authority shall give notice of such violation to the licensee. Such notice shall:
a. Be in writing.
b. Include a statement of the reasons for issuance of the notice.
c. Contain an outline of the remedial action which is required to effect compliance with this title.
d. Allow reasonable time as determined by the health authority for performance of any act required.
2. Notices provided for under this subsection shall be deemed to have been properly served when such notice has been delivered personally to the licensee or such notice has been sent by registered or certified mail, return receipt requested, to the last known address. A copy of such notice shall be filed with the records of the health department.
C. Conditional License: If the health authority finds the bed and breakfast establishment is not in compliance with all provisions of this act, but the establishment can operate without undue harm to the occupants and the public, the authority may issue a conditional license setting forth the conditions on which the license is issued, the manner in which the establishment fails to comply with the act and shall set forth the time, not to exceed six (6) months. The health authority shall not issue two (2) consecutive conditional licenses.
D. Hearings:
1. County Health Authority:
a. Any person affected by order or notice issued by the county health department in connection with the enforcement of any section of this article may file in the office of the county health department a written request for a hearing before the health authority.
b. The health authority shall hold a hearing at a time and place designated thereby within thirty (30) days from the date on which the written request was filed. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five (5) days prior to the date on which the hearing is to be held.
c. If, as a result of the hearing, the health authority finds that strict compliance with the order or notice would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by varying or withdrawing the order or notice, the health authority may modify or withdraw the order to make requirements which are additional to those prescribed in this article for the purpose of properly protecting the public health.
d. The health authority shall render a decision within ten (10) days after the date of the hearing which shall be reduced to writing and placed on file in the office of the county health department as a matter of public record.
e. Any person aggrieved by the decision of the health authority may seek relief therefrom through a hearing before the county board of health.
2. Board Of Health:
a. Any person aggrieved by the decision of the health authority rendered as the result of a hearing held in accordance with this subsection may file in the office of the county health department a written request for a hearing at a time and place designated by the secretary of the board of health within thirty (30) days of the date on which the request was filed.
b. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five (5) days prior to the date on which the hearing is to be held.
c. If, as a result of facts elicited as a result of the hearing, the county board of health finds that strict compliance with the decision of the health authority would cause undue hardship on the petitioner and that the public health would be adequately protected and substantial justice done by granting a variance from the decision of the administrator or acting administrator, the county board of health may grant a variance and, as a condition for such variance, may, where it deems necessary, make requirements which are additional to those prescribed by this article, all for the purpose of properly protecting the public health.
d. The county board of health shall render a decision within ten (10) days after the date of the hearing which shall be reduced to writing and placed on file in the office of the county health department, and copy thereof shall be served on the petitioner by certified mail. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-10E-7: PENALTIES:
Any person who shall violate any of the provisions of this article shall be guilty of a petty offense and, upon conviction thereof, shall be punished by a fine of not more than two hundred dollars ($200.00). In addition thereto, such persons may be enjoined from continuing such violation. (Amended Ord., 2-15-1993, eff. 2-26-1993)