For the purpose of this chapter, the village is hereby organized into the following six districts:

(1)

A Agricultural District.

(2)

R-1 Single-Family Residence District.

(3)

R-2 Multiple-Family Residence District.

(4)

C-1 Central Business District. All property zoned central business district must be contiguous to other property zoned central business district.

(5)

C-2 Service Retail District.

(6)

I Industrial District.

(7)

Mixed Use District

(Code 2009, § 9-5-1; Ord. of 11-25-1996)

The boundaries of the zoning districts, as designated, are hereby established as shown on the map entitled "Official Zoning Map of the Village of Shabbona, Illinois," and as a part of this chapter, shall have the same force and effect as the official zoning map, together with all notations, references and other information shown thereon, as if fully set forth and described herein.

(Code 2009, § 9-5-2; Ord. of 11-25-1996)

When uncertainty exists with respect to the boundaries of the various districts as shown on the official zoning map, the following rules shall apply:

(1)

District boundary lines are either the centerlines of railroads, highways, streets, alleys or easements, or the boundary lines of sections, quarter sections, divisions of sections, tracts or lots, or such lines extended, unless otherwise indicated.

(2)

In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strip shall be in accordance with the dimensions shown on the official zoning map measured at right angles from the centerline of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the section, quarter section or division lines, or the map centerlines of streets, highways or railroad rights-of-way unless otherwise indicated.

(Code 2009, § 9-5-3; Ord. of 11-25-1996)

All streets, alleys, public ways, waterways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways, waterways and railroad rights-of-way which serve as a district boundary. The zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(Code 2009, § 9-5-4; Ord. of 11-25-1996)

All territory which may hereafter be annexed to the village shall be zoned in either of the following ways:

(1)

The village board, at time of annexation, may zone the property A Agricultural District until otherwise changed by an amendment to this chapter and adopted by board.

(2)

If a particular zoning is requested other than A Agricultural District as a condition of annexation, then a public hearing on the zoning requested must be held before the plan commission, and an amendment to the zoning map must be adopted by the village board.

(Code 2009, § 9-5-5; Ord. of 11-25-1996)

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

(Code 2009, § 9-5-6; Ord. of 11-25-1996)

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 plan commission finds that the unlisted use is similar to and compatible with the listed uses, the plan commission may allow such use. If the petitioner does not agree with the decision of the plan commission, an appeal of that decision may be made to the village board.

(Code 2009, § 9-5-7; Ord. of 11-25-1996)

(a)

Permit required. Except as specifically provided otherwise in this chapter, 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. The village board may allow a temporary permit for a period not to exceed 14 days, except Christmas tree lots, which shall not exceed 30 days for a use not otherwise allowed in the zoning district, provided that the applicant provides evidence substantiating the following:

(1)

There is no reasonable alternative to the temporary use;

(2)

The permit will be necessary for a limited time or will be an occasional use;

(3)

The temporary use does not involve the erection of a substantial structure or require any other permanent commitment of land;

(4)

The temporary use will not have a detrimental effect on adjacent properties and will be in general harmony with surrounding uses;

(5)

That the requested use will not create excessive traffic hazards on adjacent streets and that traffic control, if necessary, shall be provided at the expense of the applicant; and

(6)

Site plan must be approved by the village board.

(b)

Permitted uses. The following temporary uses may be permitted within the stated limitations:

(1)

Arts and crafts shows, outdoor. Display of painting, sculpture, hand crafts and similar objects not to exceed a maximum period of 72 hours.

(2)

Circuses and carnivals. Provision of games, eating, drinking, live entertainment or similar activities in a tent or other structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility.

(3)

Live entertainment events, temporary. Concerts and other cultural events lasting fewer than five days.

(4)

Sidewalk sales. Sidewalk sales shall be approved by the village board.

(5)

Signage. Any signage for a temporary use shall be approved by the village board.

(6)

Street fairs, including block parties. Provision of games, eating, drinking facilities, live entertainment or similar activities not requiring the use of roofed structures. This classification includes block parties for a maximum period of 24 hours.

(7)

Temporary religious assembly. Religious services conducted on a site that is not permanently occupied by a religious assembly use for a period not to exceed 30 days.

(Code 2009, § 9-5-8; Ord. of 11-25-1996)

Except as specifically provided elsewhere in this chapter, every lot must meet the minimum dimensions and minimum setback requirements of the district in which the lot is located independent of counting any portion of an abutting lot.

(Code 2009, § 9-5-9; Ord. of 11-25-1996)

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 chapter 22.

(Code 2009, § 9-5-10; Ord. of 11-25-1996)

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.

(Code 2009, § 9-5-11; Ord. of 11-25-1996)

(a)

To the extent indicated in this section, the following features of principal buildings may intrude into required yards without violating the minimum setback requirements:

(b)

In addition to the features set forth in subsection (a) of this section, the following intrustions into required yards are permitted:

(1)

Awnings, canopies or marquees in downtown may extend over the public sidewalk.

(2)

The American flag, a state flag, a municipal flag or a corporate flag are exempt from this restriction. One flag of each type shall be allowed on each zoning lot. Flags shall hang no greater than one-third the length of the pole that the flag is on. Flagpoles shall be no higher than 30 feet.

(Code 2009, § 9-5-12; Ord. of 11-25-1996)

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.

(Code 2009, § 9-5-13; Ord. of 11-25-1996)

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 and main or cap wells in accordance with village requirements. The administrator shall not issue any certificate of zoning compliance unless, following consultation with the municipal engineer, the administrator is satisfied that this requirement is met. New construction shall not be connected to septic tanks or wells without approval of the village board.

(Code 2009, § 9-5-14; Ord. of 11-25-1996)

(a)

The term "accessory use" means any structure or use which is:

(1)

Subordinate in size or purpose to the principal structure or use which it serves.

(2)

Necessary or contributing to the comfort and convenience of the occupants (whether individuals or a commercial enterprise) of the principal structure or use served.

(3)

Located on the same lot as the principal structure or use served.

(b)

If an accessory use is attached to the principal structure, it shall be considered part of such principal structure.

(Code 2009, § 9-5-15; Ord. of 11-25-1996)

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 this chapter.

(Code 2009, § 9-5-16; Ord. of 11-25-1996)

Private garages or carports are not to exceed 15 feet six inches in height, nor to exceed the following capacities or size:

(1)

For single-family residences: Three-car garage maximum, with 800 square feet in area for a detached or freestanding garage, and either the width or length is limited to 32 linear feet.

(2)

For multiple-family residences: Two-car garage per dwelling unit, maximum 550 square feet.

(3)

Holds no more than three cars.

(Code 2009, § 9-5-17; Ord. of 11-25-1996)

(a)

General requirements and restrictions. The maintenance of yards, courts and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or the property on which it is located as long as the building is in existence. Furthermore, no legally required yards, courts or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, open space or minimum lot area requirements for any other building.

(b)

Division of zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots unless all improved zoning lots resulting from each such division conform with all the applicable bulk regulations of the zoning district in which the property is located.

(c)

Location of required open space. All yards, courts and other open spaces allocated to a building or dwelling shall be located on the same zoning lot as such building or dwelling group.

(d)

Required yards for existing buildings. No yards now or hereafter provided for a building existing on the effective date of the ordinance from which this chapter is derived shall subsequently be reduced below or further reduced below if already less than the minimum yard requirements of this chapter for equivalent new construction without a variance.

(Code 2009, § 9-5-18; Ord. of 11-25-1996)

An area indicated as a public park, recreational area, public school site, cemetery or other similar open space may not be used for any other purpose than that designated. When the use of the area is discontinued, it shall automatically be zoned the most restricted adjoining district until appropriate zoning is authorized by the village board.

(Code 2009, § 9-5-19; Ord. of 11-25-1996)

Where an existing use is classified as a special use at the effective date of the ordinance from which this chapter is derived, it shall be considered a legal special use without further action of the village board, the administrator and the plan commission.

(Code 2009, § 9-5-20; Ord. of 11-25-1996)

In all zoning districts, every building hereafter erected or enlarged shall maintain a setback from any primary thoroughfare designated by a state or federal highway number of 75 feet from the front property line.

(Code 2009, § 9-5-21; Ord. of 11-25-1996)