Sidney City Zoning Code
ARTICLE I
General Provisions
§ 250-1 Title.
This chapter shall be known and may be cited as the "Village of Sidney, Champaign County, Illinois Zoning Ordinance."
§ 250-2 Purpose.
It is the purpose of this chapter:
A.
To promote and protect the public health, safety, morals, comfort and general welfare of the people;
B.
To divide the Village into zones or districts, restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residences, business, manufacturing and other specified uses;
C.
To protect the character and stability of the residential and business areas within the Village and to promote the orderly and beneficial development of such areas;
D.
To regulate the intensity of use of lot areas, and to regulate the area of open spaces surrounding buildings necessary to provide adequate light and air, and to protect the public health;
E.
To establish building lines and the location of buildings designed for residential, business, manufacturing and other uses within such areas;
F.
To affix reasonable standards to which buildings or structures shall conform therein;
G.
To prohibit uses, buildings, or structures incompatible with the character or development of intended uses within specified zoning districts;
H.
To prevent overcrowding of land and undue concentration of structures, consistent with the overall character of the Village;
I.
To conserve the taxable value of land and buildings throughout the Village; and
J.
To define and specify the powers and duties of the administrative officers and bodies provided herein.
§ 250-3 Word usage and interpretation.
For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
A.
The present tense shall include the future tense; words importing the masculine gender shall include the feminine.
B.
The singular includes the plural; and the plural includes the singular.
C.
The word "shall" is always mandatory; the word "may" is always permissive.
D.
The words "Village Board" shall mean the Board of Trustees of the Village of Sidney.
E.
The words "Zoning Board" shall mean the Village of Sidney Zoning Board of Appeals.
§ 250-4 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A building, structure or use located on the same lot as a main building or main use and incidental to the use of the main building or incidental to the main use of the lot. An accessory building or structure may be part of or separate from the main building; e.g., an automobile garage is an accessory building of a house.
Incidental alterations are:
Changes in or replacements of the nonstructural parts of a building or other structure, without limitation to the following examples:
Alteration of interior partitions to improve livability in a nonconforming residential building, provided that no additional dwelling units are created thereby;
A minor addition on the exterior of a residential building such as an open porch;
Alterations of interior non-load-bearing partitions in all other types of buildings or other structures;
Replacement of or minor changes in the capacity of utility pipes, ducts, or conduits; or
Changes or replacements in the structural parts of a building or other structure, limited to the following examples or of similar character or extent:
To alter incidentally is to make an incidental alteration.
An amendment to the zoning ordinance may be a change in the text of the ordinance or a change in the Official Zoning Map.
TEXT AMENDMENTA change in the wording, definitions or other language of the zoning ordinance; e.g., a resident requests a change in the height restriction placed on structures in the commercial zone.
MAP AMENDMENTA change in the zoning classification shown on the Official Zoning Map; e.g., a resident property owner requests a change in the zoning of his property from Single Family R-1 to Community Business so he may build a restaurant.
The owner of a parcel of land, structure or building along with the prospective developer or his representative who has a direct interest or option relating to the proposed amendment, special use request, variance or zoning permit; e.g., a homeowner or his attorney who requests a change in the zoning classification of his property is an applicant.
Any structure which:
Is permanently affixed to the land; and
Has one or more floors and a roof; and
Is bounded by either open area or the lot lines of a zoning lot; and
Is enclosed and has a roof supported by columns, walls, arches or other devices and is used for the housing, shelter, or enclosure of persons, animals and chattel.
A building shall not include such structures as billboards, fences, or radio towers, or structures with interior surfaces but not normally accessible for human use, such as gas holders, tanks, smoke stacks, grain elevators, coal bunkers, or similar structures.
A building may, for example, consist of a one-family residence or a two-family residence, a single store or a row of stores or a single factory or a loft.
In residential zoning districts, a building shall not include steel boxes such as intermodal shipping containers, steel containers, or conex containers, which shall not be permitted in such districts.
[Added 12-2-2019 by Ord. No. 2019-09]
A legally existing building which fails to comply with the regulations set forth in this chapter applicable to the district in which it is located.
A dwelling unit consists of one or more rooms in a residential building or residential portion of a building, which are arranged, designed, used, or intended for use by one or more persons living together and maintaining a common household, and which include lawful cooking space and lawful sanitary facilities reserved for the dwelling unit's occupants.
SINGLE-FAMILYA building on a lot designed and occupied exclusively as a residence for one family.
TWO-FAMILYA building on a lot designed and occupied exclusively as a residence for two families living independently of one another.
MULTIPLE-FAMILYA building on a lot designed and used exclusively as a residence for three or more families living independently of one another.
An "enlargement" is an addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use. "To enlarge" is to make an enlargement.
An "extension" is an increase in the amount of existing floor area used for an existing use, within an existing building. "To extend" is to make an extension.
One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping unit.
The group shares expenses for food, rent, utilities or other household expenses.
The group is permanent and stable, and not transient or temporary in nature.
Any other factor reasonably related to whether the group is the functional equivalent of a family.
The vertical measurement from grade to a point midway between the highest and lowest points of the roof.
An accessory use which:
Is clearly incidental to or secondary to the residential use of a dwelling unit; and
Is carried out within a dwelling unit or accessory building by one or more members of a family residing on the premises, and in connection with which not more than one person outside the family is employed.
In connection with which there is no advertising other than an identification sign of not more than one square foot in area, and no other display or storage of materials or exterior indication of the home occupation or variation from the residential character of the main building.
No equipment shall be used which creates offensive noise, vibration, smoke, dust, odors, heat or glare.
The owner or occupant of premises conducting a home occupation within the meaning of this definition must provide on his property sufficient off-street parking for employees, customers and suppliers to avoid on-street parking congestion which adversely affects the public health, safety and welfare by any of the following: excessive congestion, excessive noise, excessive vehicular and/or pedestrian traffic, interference with emergency or firefighting vehicles or equipment, to the prejudice of the public safety and welfare, in which event the home occupation shall be terminated until adequate off street parking is provided, pursuant to this Subsection (5).
[Added 3-2-2009 by Ord. No. 2009-02]
When within the above requirements, a home occupation includes, but is not limited to, the following: art studio, dressmaking, professional office of a physician, dentist, lawyer, engineer, architect, accountant, salesman, real estate agent, insurance agent or other similar occupation, or teaching.
A tract or parcel of land fronting on a street and occupied or capable of being occupied by a building or use. For the purposes of this chapter, the word "lot" is the "lot of record." A tract or parcel of land comprising a lot within the meaning of this chapter may consist of:
The area of the lot covered by main and accessory structures.
The distance parallel to the front lot line, measured between side lot lines at the building line.
[Amended 3-2-2009 by Ord. No. 2009-02]
A legally existing lot which fails to comply with the regulations set forth in this chapter applicable to the district in which the lot is located; e.g., a residential lot which is smaller than the dimensions set forth for residential lots in that particular zone.
Construction of a new building or other improvement is permitted on a nonconforming lot if the existing improvements are destroyed or removed, provided that the building improvements must conform to the building and improvement previously existing (i.e., the existing building "footprint"), even though such location does not afford the otherwise required building setback lines required by this chapter.
A movable or portable unit designed and constructed to be towed on its chassis comprised of frame and wheels, and designed to be connected to utilities for year-round occupancy and to provide complete independent living facilities, including provisions for cooking, sleeping and sanitation. The term includes units containing parts that may be folded or telescoped when being towed and then expanded to provide additional cubic capacity, and units composed of two or more separately towable components designed to be joined into one integral unit capable of being again separated into components for repeated towing. Removal of wheels, towing devices or any other alteration does not qualify a mobile home as a conventional single-family dwelling unless such alteration enables the unit to meet the Federal Housing Authority's "Minimum Property Standards for One and Two Family Living Units," latest edition.
A contiguous parcel of land planned and approved for the placement of three or more mobile homes.
A building or land lawfully occupied and used at the time of passage of this chapter and all amendments thereto, which by reason of design, size or use does not conform with the use requirements of the district within which it is located; e.g., a nonconforming use could be a tavern in a residential zone.
A surfaced area either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle.
A line which is parallel to the front lot line extending across the width of the lot, which establishes the minimum distance required between any structure located on the lot and the nearest street right-of-way line.
A line which is parallel to the rear lot line extending across the width of the lot, which establishes the minimum distance required between any structure located on the lot and the rear lot line.
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A use which may be permitted in a district pursuant to, and in compliance with, procedures specified in this chapter; e.g., a medical or dental clinic might be permitted as a special use in a residential district.
That part of a building included between any floor and the floor or roof immediately above.
A thoroughfare within the right-of-way which affords the principal means of access to abutting property. A street may be designated as an avenue, a boulevard, a drive, a highway, a lane, a parkway, a place, a road, a thoroughfare or by other appropriate names. Streets are identified generally as follows:
MAJOR STREETCounty highways and primary streets.
MINOR STREETSubdivision streets and township roads.
Anything constructed or erected with a fixed location on the surface of the ground. Among other things, structures include buildings, walls, and fences.
Permission or approval granted by the Zoning Board of Appeals in accordance with Article VI of this chapter, constituting a modification of or a deviation from the exact provisions of this chapter as applied to a specific property; e.g., a property owner with a house on an undersized/nonconforming lot would request a variance of the lot size requirements so that he may receive a zoning permit before adding a room to his house.
An open space, other than a court, of a uniform width or depth on the same lot with the structure, lying between the structure and the nearest lot line and unoccupied and unobstructed from the surface of the ground upward, except as may be specifically provided by the regulations and standards of this chapter.
FRONT YARDA yard extending the full width of a lot and situated between the front lot line and the nearest line of a structure located on the lot.
SIDE YARDA yard situated between the side lot line and the nearest line of a structure located on the lot and extending from the rear line of a required front yard to front line of the required rear yard.
REAR YARDA yard extending the full width of a lot and situated between the rear lot line and the nearest line of a structure located on the lot.
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The zoning compliance certificate is issued by the Zoning Administrator when all work described on the zoning permit is completed and before occupancy of the structure is permitted. No fee is charged for the zoning compliance certificate. The zoning compliance certificate for a nonconforming use states specifically how the nonconforming use differs from the regulations and standards of this chapter.
The zoning permit is issued by the Zoning Administrator before construction, alteration, change in use, and/or occupancy of a structure. Work must begin within 90 days of permit issuance and be substantially completed within 365 days, except where a permit issued for establishing a use of land involves no structure. The zoning permit is issued upon payment of a fee established by the Village Board and upon application for a zoning compliance certificate.
A zoning permit for a nonconforming use is only issued upon direction from the Zoning Board of Appeals which has granted a request for variance for extending, restoring or altering the nonconforming use. (See § 250-25D.) The permit shall be issued upon direction from the Zoning Board of Appeals to the Zoning Administrator and upon payment of the fee for the variation request and the fee for the zoning permit, as well as upon application for a zoning compliance certificate.
§ 250-5 Scope of regulations.
A.
Compliance with regulations. It shall be unlawful to do or perform any one or more of the following acts, except in compliance with the provisions of this chapter:
(1)
To erect a new building or structure;
(2)
To erect more than one main building on a lot;
(3)
To excavate for or build any foundation;
(4)
To relocate, convert, enlarge, or structurally alter or reconstruct any building or structure;
(5)
To establish, expand, enlarge, relocate or change any building or use of land;
(6)
To establish, expand, enlarge, relocate or change any nonconforming use.
B.
Evasion of area, yard and parking regulations. It shall be unlawful to lease, sell or convey a portion of an improved lot when the effect of such action is to reduce:
C.
Principal and accessory uses. The uses listed as permitted are principal uses. A building or use that is accessory to a permitted use may be erected or established as an accessory building or use if:
(1)
It is located on the same lot as the principal use;
(2)
It is customarily incidental to the principal use;
(3)
It complies with the other applicable regulations of this chapter; and
(4)
It is not erected or established prior to the erection of a main building where the establishment is a principal use.
D.
Annexation of new territory. All territory which may hereafter be annexed to the Village of Sidney shall be classified in the R-1 Single-Family Residential District until, within a reasonable time following the annexation, the annexed territory shall be appropriately classified by ordinance in accordance with Article VII of this chapter.
§ 250-6 Districts and boundaries.
A.
Number and designation of districts. The districts into which the Village is divided by this chapter shall be designated as follows:
RR | Rural Residential |
R-1 | Single- and Two-Family Residential District |
R-2 | Multiple-Family Residential District |
CR | Conservation-Recreation District |
C | Community Business District |
I | Industrial District |
B.
Zoning Map. The boundaries of the districts established in Subsection A above are hereby established as shown on the map designated as the "Official Zoning Map of Sidney, Champaign County, Illinois." The original of this map shall be signed and dated by the Village Clerk. The map and all information shown on the map shall be a part of this chapter and it shall be filed as part of this chapter with the Village Clerk. A copy of the map shall be available for public reference and notice of the adoption of this map and ordinance shall be filed with the County Recorder of Champaign County. Amendments to this chapter which change the boundary lines of the districts shall, along with this chapter, be made available for public reference in the office of the Village Clerk. In March of each year, the Zoning Map shall be corrected and brought up to date and new copies made available with the Village Clerk for public reference.
C.
Interpretation of map and district boundaries. Boundaries of districts as shown on the Zoning Map are generally intended to coincide with the center lines of streets or with property lines.
(1)
If, on the map, the boundary line of a district:
(a)
Approximates the line of a street, the boundary line shall be interpreted to be the center line of the street.
(b)
Approximates the boundary line of a platted lot, the district boundary line shall be interpreted to be the lot line.
(c)
Divides the platted lot or unplatted or unsubdivided property into district parts, the district boundary line shown on the map shall be determined by the scale appearing on the map.