(A)   In order to implement the provisions of the Development Code which pertain to zoning and to achieve the objectives enumerated in § 151.003, all land within the jurisdictional boundaries of the village is hereby divided into the following zoning districts.

 

   (B)   (1)   The "minimum area" requirement is intended to prevent "spot zoning" and refers to the smallest total area of contiguous parcels that can properly be given the particular district classification.

      (2)   This requirement is not satisfied merely because the acreage of noncontiguous parcels, when aggregated, happen to equal or exceed the minimum area indicated above.

   (A)   The boundaries of the listed zoning districts are hereby established as shown on the official zoning map of the village.

   (B)   This map, including all notations and other information thereon, is hereby made a part of the Development Code by reference, and shall be kept on file in the Village Hall.

   (C)   In accordance with state law, if any changes are made in the zoning districts or regulations during a calendar year, the village staff shall publish the official zoning map of the village no later than March 31 of the following year.

   In determining what territory is actually included within any district on the zoning map, the following rules shall apply.

   (A)   Where a district boundary approximately follows any of the features listed below on the left, the corresponding feature on the right shall be deemed the district boundary:

 

 

   (B)   Whenever any roadway is legally vacated, the district adjoining each side of the vacated roadway shall automatically extend to the center of the roadway and all territory included in the vacated roadway shall thereafter be subject to all regulations of the extended district.

   (C)   All territory (including bodies of water) that lies within the jurisdictional boundaries of the village, but which is not shown on the zoning map as being located within any district, shall comply with the zoning regulations of the Land Use and Major Streets Plan as a guide.

   Whenever any territory is annexed to the village, it shall comply with the Land Use and Major Streets Plan as a guide; and after a public hearing, the Board of Trustees may zone newly-annexed territory as appropriate.

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

   (B)   Suits pending or rights existing immediately prior to the effective date of this Code shall not be affected nor impaired except for those rights relating to nonconformities which are dealt with elsewhere in this Code. Zoning or other related development issues that are a part of an annexation agreement made prior to the adoption or revision of the Development Code shall be grandfathered. Grandfathering of Development Code requirements is also permitted on property platted prior to the adoption of this chapter with permission of the Village Board.

   (A)   Whenever any use is not specifically listed as a permitted or special use within a particular district, the use shall be deemed prohibited in that district.

   (B)   However, if the President and the Board of Trustees, following consultation with the Planning Commission, find that the unlisted use is similar to and compatible with the listed uses, they may allow the use by a zoning amendment.

   (C)   The decision shall become a permanent public record and any unlisted use that is approved shall thereafter have the same status as listed uses. (See also § 151.029.)

   (A)   No land shall be used for any temporary enterprise, whether for profit or not, and no temporary structure shall be used or occupied for any purpose, unless a special events permit has been obtained.

   (B)   No special event permit shall be valid for more than.

   Except as specifically provided otherwise in the Development Code, every lot must independently meet the minimum area, dimension and setback requirements of the district in which it is located, and in the case of dwellings, lots shall be limited to one principal structure.

   No structure shall be erected on any lot unless the lot abuts, or has permanent easement of access to a public street or a private street that conforms to the provisions of the land subdivision regulations in the Development Code.

   Every lot with multiple frontages, such as through lots, shall meet the front setback requirements of the district in which it is located for each end of the lot.

   In all Residential and Commercial Zoning Districts, where lots having 50% or more of the total frontage on one side of a street between intersections (that is, in one "block") are developed with buildings and the front setback of those lots do not differ by more than ten feet, the minimum required front setback on that block shall be the average of the existing front setbacks. However, in any such built-up area, no front setback of less than 15 feet shall be permitted, nor shall any front setback of greater than 50 feet be required.

   To the extent indicated below, the following features of principal buildings may intrude into required yards without thereby violating the minimum setback requirements. However, they cannot extend into any platted easements.

 

 

   The following items shall be noted as exceptions to height limits provided in the Development Code with recommendation of the Zoning Board and approval of the Village Board of Trustees.

   (A)   Necessary appurtenances commonly constructed above the roof line, such as chimneys, church spires, parapet walls, cooling towers, elevator bulkheads, fire towers and antennas, 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.

   (B)   On corner and through lots, in the triangular portion of land bounded by intersecting street lines and a line joining those street lines at points 30 feet from the point of intersection, no natural or human-made obstruction shall intrude into the air space that is between two and ten feet above the level of the adjacent street.

   (C)   The main worship area of a church or place of worship may exceed the maximum height restrictions of § 151.047. However, the maximum height of the main worship area shall not exceed 65 feet.

   (D)   In B-4, PB and Industrial Zones, the Board may consider higher buildings following an application submittal conforming to § 151.345.

   (A)   In all districts, property owners of new 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 sewer system is reasonably available, all sewage shall be discharged into the system, whether or not a private sewer system already exists or is more convenient. For the purpose of this provision, the reasonable distance shall be that listed in Chapter 50 of this Code.

      (2)   Whenever the sewer system is not reasonably available, but where plans for the installation of the system have been approved by the Illinois Environmental Protection Agency or a service plan has been adopted by the Village Board, the developer shall provide sanitary sewers in accordance with the plans and temporarily cap them. To serve the development until the time when connection to the public system becomes available, an approved private central sewage disposal system shall be installed or individual sewage disposal systems may be used.

   (B)   The village staff shall not issue an initial certificate of zoning compliance unless, following consultation with the appropriate village staff member and St. Clair County Health Department, it is determined these requirements will be met.

   (A)   Any accessory use shall be deemed permitted in a particular zoning district if the use:

      (1)   Meets the definition of "accessory use" found in § 151.010;

      (2)   Is accessory to a principal structure or use that is allowed in a particular zoning district as a permitted or special use; and

      (3)   Is in compliance with the restrictions set forth in §§ 151.046 and 151.047.

   (B)   Use of any accessory structure as a dwelling is strictly prohibited throughout the zoning jurisdiction of the village. Should an accessory structure be attached to a principal structure, it shall be considered part of the structure.

   (C)   Domestic household pets are limited to a maximum of three per principal structure.

   (D)   The keeping of wild animals, birds, reptiles or similar species is prohibited.

   (E)   Horses, limited to one animal per one and one-half acres, is a permitted accessory use in a "CE" (Country Estates) District.

   In all zoning districts, illumination of buildings and structures shall be controlled so as to preclude the spillage of light onto adjoining residential uses or lots.

   The emission of any odorous matter from any property in any zoning district in concentrations which are readily detectible at any point along the boundaries of the zoning lot or in concentrations which create a public nuisance or hazard beyond the boundaries of the zoning lot is prohibited.

   In all circumstances where a zoning lot in a "B" (Business) or "I" (Industrial) Zoning District adjoins or abuts a residential or non-urban use or a residential or non-urban zoned parcel, screening shall be provided between the "B" (Business) or "I" (Industrial) zoning lot and such other lot. The screening shall be subject to approval by the Village Board and shall be adequate to provide a visual and sound barrier between the lots so as to ensure that uses upon the "B" (Business) or "I" (Industrial) lot do not adversely impact the residential or non-urban parcel.

   All outdoor trash or disposal facilities in an "MR" (Multi-Family), "B" (Business) or "I" (Industrial) District, and any dumpster in any district, shall be located in the rear of the zoning lot and the building located on the lot or as approved. All such facilities shall be appropriately screened in the opinion of the Village Board from adjoining properties and in a manner which is compatible with the building site design for the zoning lot. School recycle bins are exempt from the screening provision of this chapter. Any such outdoor trash or disposal system must be maintained to avoid the existence of litter or the dispersal of trash outside the screened enclosure. The accumulation of litter or trash is not permitted.

   No use on any property shall discharge toxic or noxious matter or create air pollution across the boundaries or the zoning lot in concentrations which are readily detectible or in such concentrations as to be detrimental or to endanger the public health, safety, comfort or welfare, or cause injury or damage to other property or business beyond the boundaries of the zoning lot.

   (A)   Purposes. The following are the purposes of the architectural appearance standards set forth in this section:

      (1)   To create an architectural identity and to avoid monotonous similarity or inappropriateness in exterior design and appearance of property;

      (2)   To promote the orderly and harmonious growth of the village and to protect and enhance land values, investments and the general welfare of the citizens of the village;

      (3)   To protect and to stabilize the general appearance of buildings and structures, throughout the village;

      (4)   To insure adequate light, air and privacy for property throughout the village;

      (5)   To encourage and promote acceptability attractiveness, cohesiveness and compatibility of new development so as to maintain and improve the established standards of property values throughout the village; and

      (6)   To aid prospective contractors, architects, designers and developers in preparing their project plans for review by the village.

   (B)   Applicability. The design standards shall apply to single-family residential developments of seven units or more and to all other types of developments, including privately- and publicly-owned properties.

   (C)   Administration.

      (1)   An applicant for a building permit or development approval shall submit a site plan, exterior elevations and such other data deemed necessary by the village staff to evaluate a proposed architectural appearance.

      (2)   Final elevations shall be drawn to scale and shall indicate the nature and extent of the work proposed.

      (3)   The review of architecture appearance provided for in this section is intended to be only a part of the whole review procedure laid out in these regulations. Approval of architectural appearance does not in any way signify final approval of any portion of any project.

   (D)   Pre-application conference. An applicant for architectural appearance approval may request in writing that the village staff hold an informal pre-application conference to review the preliminary architectural appearance of a proposed project. This pre-application conference may be conducted concurrently with the pre-application conference provided for elsewhere in this Code.

   (E)   Review. The village staff shall review the information submitted for appearance standards. Recommendations of the village staff shall be based upon the criteria set forth in divisions (F) through (I) below.

   (F)   Building and structure design.

      (1)   Buildings and structures shall be consistent with the established neighborhood character and with any adjacent residential property.

      (2)   Building materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall use the same materials, or those which are architecturally harmonious, for all building walls and other exterior building components that are wholly or partially visible from public ways.

      (3)   Building materials shall be of durable quality. Inappropriate materials or building methods, and those which will produce inconsistency with the structure and architecture of the building, shall be avoided.

      (4)   Except as indicates in division (5) below, brick or other masonry materials approved by the Village Board shall be used for front, back and all sides of all building structures, except accessory uses supporting single family residential dwelling units, and shall be installed per Building Code specifications. Brick shall, at a minimum, extend from ground level to tops of windows, with minor accents allowed in place of brick subject to meeting building codes. Brick shall not be painted.

         (a)   For the purposes of this section masonry products shall be either stucco, EIFS, full brick and mortar, full stone and mortar, cultured stone and mortar or tilt up concrete panels with integral architectural features and coloring. Regular concrete block or similar product, HARDIE type siding and nail or screw on brick or stone type panels shall not be considered as masonry in this section.

      (5)   All single family and/or duplex residential dwelling units shall contain face brick, stone or masonry on not less than 100% of any exterior walls, on any side facing a street from the ground level to the top of the first floor wall line. This does not include the area of windows or doors. All materials for the remaining ground level wall surfaces shall be approved by the Village Board. All materials used shall be compatible as a group and with the surrounding structures. Under certain conditions when a special use is allowed by the Village Board for a factory built housing, modular single family structure in a Non Urban (NU) Zone District, the Board may consider materials other than masonry on the front of the home facing a street.

         (a)   For the purposes of this section masonry products shall be either stucco, EIFS, full brick and mortar, full stone and mortar, cultured stone and mortar or tilt up concrete panels with integral architectural features and coloring. Regular concrete block or similar product, HARDIE type siding and nail or screw on brick or stone type panels shall not be considered as masonry in this section.

      (6)   Building materials should be selected with special attention to energy conservation. Materials and colors that reduce the consumption of gas and electricity should be used wherever possible.

      (7)   Building components, such as windows, doors, eaves and parapets, shall have good proportions and relationship to one another.

      (8)   While it is recognized that color is a very subjective matter and that creativity should not be stifled, colors should nonetheless be used harmoniously and with some restraint. Color schemes should consider and respect the character and quality of structures in the area. Excessively bright or brilliant colors should be used only for accent. Materials and colors should withstand the weather well over a 25-year period.

      (9)   Architectural style should be appropriate to the area and evaluation of a project shall be based on the quality of design and its relationship to surroundings. The design of structures should display a sensitivity to the best aspects of the character, quality and scale of those structures already existing in the area of a proposed project.

      (10)   Monotony of design shall be avoided, however styles should be complementary and should relate to indigenous architecture. In residential districts no two detached single-family dwellings of substantially similar or identical front elevation or facade shall be constructed or located on adjacent lots. The changes may be major or minor changes.

         (a)   Major changes. One major change and color change shall constitute a substantial change:

            1.   Roof treatment: Hip, gable, 25% or greater change in slope;

            2.   Location of garage entry: Side and front;

            3.   Type of brick treatment: Extended porticos and the like;

            4.   Material treatment: Full brick vs. half-and-half;

            5.   Overall facade: Mediterranean vs. Colonial, for example;

            6.   Brick arches;

            7.   Brick bay projections; and

            8.   Balconies.

         (b)   Minor changes. Three minor changes constitute a substantial change:

            1.   Vertical or horizontal siding;

            2.   Colors of materials;

            3.   Door treatment, garage and entry;

            4.   Window styles, casements, bows and double hung;

            5.   Shutter treatment;

            6.   Ornamental treatment, lighting fixture location or posts and fascia;

            7.   Reversing plan;

            8.   Garage door design; and

            9.   Brick wing arms.

      (11)   On commercial buildings, facades greater than 100 feet in length must incorporate recesses and projections along at least 20% of the length of the facade. Windows, awnings and arcades must total at least 60% of the facade length abutting a public street.

      (12)   Color, texture and material module elements should be repeated horizontally and/or vertically on commercial buildings.

      (13)   Each commercial building must have a clearly defined, highly visible customer entrance with features such as canopies or porticos, arcades, arches, wing walls and integral planters.

      (14)   Commercial and industrial buildings shall vary architectural design elements in roof-lines and include brick/masonry up to the tops of the windows.

   (G)   Relationship of buildings to site.

      (1)   The height and scale of each building shall be compatible with its site and adjoining buildings and neighboring development. In residential districts, the height shall not vary by more than 14 feet from adjacent structures.

      (2)   The site shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting, pedestrian movement and parking areas.

   (H)   Relationship of building and site to adjoining area.

      (1)   Adjacent buildings of different architectural styles shall be made compatible by such means as screens, site breaks and materials.

      (2)   Attractive landscape transition to adjoining properties shall be provided.

      (3)   Harmony in texture, lines and masses shall be required.

      (4)   Buildings shall have similar scale to those in the surrounding area.

   (I)   Screening.

      (1)   Screening of service yards, utility meters and hardware, overhead doors, mechanical equipment, refuse areas and/or other potentially unattractive places from public view shall be accomplished by the use of walls, fencing, planting or combinations of all of the measures that follow. Screening shall be equally effective in the winter and the summer seasons. For rooftop equipment, parapet walls are required along street frontages and bordering residential areas that parapet walls must be at least three feet in height and constructed of matching building materials to the principal structure:

         (a)   Adjusting the architectural or landscape profile to screen those elements from view;

         (b)   Placing those elements on service courts or other locations not usable by the general public; or

         (c)   Integrating those elements into the architecture or landscaping of the site.

      (2)   The degree of visibility and screening of service yards, utility meters and hardware, mechanical equipment, refuse areas and/or other potentially unattractive places shall be evaluated using the following criteria:

         (a)   The degree of visibility from all adjacent public ways;

         (b)   The architectural compatibility of the design and color of the yards, meters and equipment of the building;

         (c)   Possible visibility from future buildings and public ways; and

         (d)   Internal overall appearance in relation to the site. (See also § 151.303.)

 

(Am. Ord. 2020-03-02B, passed 3-2-2020; Am. Ord. 2021-12-06D, passed 12-6-2021; Am. Ord. 2024-11-04C, passed 11-4-2024)

 

 

   (A)   Miscellaneous.

 

   (B)   Minimum lot size.

 

   (C)   Minimum yard dimensions.

 

   (D)   Accessory structure; minimum distance.