In order to implement this Ordinance, and to achieve the objectives in Article I, the entire municipality is hereby divided into the following zoning districts:

 

(Ord. No. 1762; 12-08-14)

The boundaries of the listed zoning districts are hereby established as shown on the zoning map of this municipality. The zoning map, including all notations and other information thereon, is hereby made a part of this Code by reference. Official copies of the zoning map shall be kept on file in the office of the Zoning Administrator or other appropriate official.

   (A)   Annual Publication. In accordance with State Law (Ill. Comp. Stats., Chap. 65, Section 5/11-13-19), the Administrator shall publish the City's zoning map not later than March 31st of each year. However, no map shall be published for any calendar year during which there have been no changes in zoning districts or regulations.

   (B)   Determining Territory of Districts With Precision. In determining with precision what territory is actually included within any zoning district, the Zoning Administrator shall apply the following rules:

      (1)    Where a district boundary as indicated on the Zoning Map approximately follows the features listed below on the left, the corresponding feature on the right shall be deemed the district boundary:

 

      (2)   Whenever any street, alley or other public way is legally vacated, the zoning districts adjoining each side of such vacated public way shall automatically extend to the center of such way, and all territory included in the vacated way shall thereafter be subject to all regulations of the extended districts.

      (3)   All territory (including bodies of water) that lies within the zoning jurisdiction of this municipality, but which is not shown on the zoning map as being located within any district, shall comply with the zoning regulations of the most restrictive adjoining district.

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

   (A)   AGRICULTURAL EXEMPTION. The provisions of this Code shall not be interpreted or administered so as to restrict the erection, maintenance, alteration, or extension of buildings (including farmhouses) or structures used or intended to be used for agricultural purposes on agricultural land except that such buildings or structures shall be required to conform to applicable setback regulations. Whenever a portion of a tract of land ceases to be used primarily for agricultural purposes, all pertinent provisions of this Code shall apply to that portion.

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 City Council, following consultation with the Zoning Administrator finds that the unlisted use is similar to and compatible with the listed uses, they may amend this Code in accordance with Section 40-8-3 to allow such use. The Council's decision shall become a permanent public record, and any unlisted use that they approve shall thereafter have the same status as listed uses.

Except as specifically provided otherwise in this Code, 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. Applications for temporary use permits shall be treated in the same way as applications for special use permits. A temporary use permit shall be valid for not more than one year. (See Section 40-8-2).

   (A)   In addition to a single family structure, the Zoning Code permits the construction of a detached accessory building (garage, pole building, etc.) up to one thousand (1,000) square feet or the first floor square footage of the house, whichever is smaller, as well as a shed which is two hundred (200) square feet or less. As both of these structures are classified as "accessory", the property must also contain a single family residence. Consequently, such accessory buildings may not be constructed on a vacant parcel; or one (1) principal building with attached garage or one (1) principal building with a customary detached garage and one (1) detached accessory building shall be permitted on any residential lot with adherence to all defined setbacks, space requirements and to Sections 40-3-15 and 40-3-16, Accessory Uses.

   (B)   No portion of any minimum area, minimum dimensions, or minimum yards required for any lot, structure, or use shall be counted to satisfy the minimum area, dimensions, or yards requirements for any other lot. (Ord. No. 2109; 3-22-21)

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.

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.

Except as specifically provided otherwise, in the Residential zoning district and in the Community Business district, where lots having fifty percent (50%) or more of the frontage on one side of a street between intersections (that is, in one block) are developed with buildings, and the front setbacks of those lots do not differ by more than ten (10) feet, the minimum required front setback on that block shall be the average of the existing front set-backs.

Except where principal buildings are commonly attached (for example, in the downtown business area), no part of a principal building on one lot shall be closer than ten (10) feet from any part of a principal building located on an abutting lot. However, so long as this overriding constraint is observed, certain intrusions into required yards are permitted as indicated below:

 

   (A)   Necessary appurtenances. Chimneys, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas, or other necessary appurtenances commonly constructed above the roof line shall be permitted to exceed the maximum height limitations for the district in which they are located if they comply with all other pertinent ordinances of this municipality.

   (B)   Intersections. On corner lots, in the triangular portion of land bounded by the street lines that are thirty (30) feet from the point of intersection, no obstruction, whether natural or man-made, shall intrude into the air space that is between two (2) and ten (10) feet above the level of the adjacent street. (See Sketch at end of Code.)

An "accessory use" means any structure or use which is:

   (A)   Subordinate in size or purpose to the principal structure or use which it serves;

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

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

If an accessory use is attached to the principal structure, it shall be considered part of that principal structure. Roof overhangs on accessory structures not attached to the principal structure shall not encroach more than two (2) feet into the required setback distance.

   (D)   Specifically Prohibited Accessory Uses. The following accessory uses are strictly prohibited unless expressly permitted in particular zoning district(s):

Use of an accessory structure as a dwelling.

   (E)   Limitations. See Schedules (Art. 3, Secs. 14, 15) for limitations and Schedule listings located at the end of this Code.

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 in accordance with the following requirements:

   (A)   Whenever the municipal or public sanitary sewerage system is reasonably available, all sewage shall be discharged into such system, whether or not a private sewerage system already exists or is more convenient.

   (B)   Whenever the municipal or public sewerage system is not reasonably available, a private sewerage system shall be installed and used. All private sewerage systems shall be designed, constructed, operated, and maintained in conformity with the following requirements:

      (1)   Illinois Private Sewage Disposal Licensing Act, Illinois Compiled Statutes, Chapter 225, Section 225/1 through 225/23, as now or hereafter amended; and

      (2)   Illinois Private Sewage Disposal Code No. 4.002, promulgated by the Director of the Illinois Department of Public Health, as now or hereafter amended; and

      (3)   pertinent, current regulation issued by the Illinois Environmental Protection Agency; and

      (4)   applicable codes and ordinances of this City.

The Administrator shall not issue any temporary certificate of zoning compliance unless he is satisfied that these requirements will be met. (See Chapter 38 “Utilities”)

   (A)   To facilitate public understanding of this Code and for the better administration and convenience of use thereof, the regulations limiting the dwelling unit density, the heights, bulk and arrangement of buildings, and requiring minimum off-street parking for each of the districts established by Section 40-3-1 hereof (or specified use), area set forth in Schedule 40-3-14 hereof. Such Schedule is hereby adopted and declared to be an integral part of this Code, and it may be amended in the same manner as any other part of this Code.

(See Schedule located at the end of this Code.)

   (A)   To facilitate public understanding of this Code and for the better administration and convenience of use thereof, the regulations designating permitted uses, permitted accessory uses, special uses and specifically prohibited uses for each of the districts established by Section 40-3-1 hereof, are set forth in Schedule 40-3-15 as a part of Section 40-3-1 hereof. Such Schedule is intended and declared to be an integral part of this Code and it may be amended in the same manner as any other part of this Code.

   (B)   Each column refers to a specific district which lists the permitted uses, permitted accessory uses, special uses and specifically prohibited uses, and are read vertically under a district column.

   (C)   Limitations and requirements in Section 40-3-15 (Schedule) as used in a column shall mean and include the specific limitations and requirements as set forth in the same column for the district referred to. Where reference is made in the Schedule to another section or provision of this Code, such section or provision referred to shall thereby be incorporated as an integral part of the requirements including such reference. All provisions of this Code shall apply as integral parts of this Section although not specifically cited as a column.

   (D)   SCHEDULE: PERMITTED USES; PERMITTED ACCESSORY USES; SPECIAL USES; SPECIFICALLY PROHIBITED USES; USE LIMITATIONS. (See Schedule (Sec. 40-3-15) located at the end of this Code).

   (A)   Purpose. The purpose of the C-1 “Downtown Commercial District” is to provide a district which will allow for the preservation of the unique historic character of the City’s downtown commercial area, and will accommodate commercial development and growth within the confined spaces of the area. The uses allowed in the district shall be offices and service businesses in which there is contact with the public, and retail sales of merchandise to the general public. Such district will be located within the Main Street area between Hibbard and Madison Streets as designated C-1 on the current Zoning Map.

   (B)   Lot Requirements and Setbacks. The following minimum requirements shall be observed in the C-1 “Downtown Commercial District”, subject to additional requirements, exceptions and modifications set forth in the Zoning Code.

      Lot Area Requirements

      (1)   Lot area    N/A

      (2)   Lot width    N/A

      (3)   Lot depth    N/A

   (C)   Principal Structure Setback Requirement.

      (1)   Front Yard.

         (a)   To other commercial district   0 feet

         (b)   To any residence district   Not less than 10 feet

      (2)   Side Yard.

         (a)   To other commercial district   0 feet

         (b)   To any residence district   Not less than 10 feet

      (3)   Rear Yard.

         (a)   To other commercial district   0 feet

         (b)   To any residence district   Not less than 10 feet

   (D)   Lot Coverage. The following lot coverage requirement shall be observed in the designated C-1 “Downtown Commercial District”.

Maximum Lot Coverage by All Structures – 100%

(Ord. No. 1762; 12-08-14)

   (A)   Purpose. The Commercial Store Front Zone C-2 is established to preserve and enhance the commercial “Main Street” character of downtown Staunton, ensuring that new development in areas designated C-2 are compatible with this desired character. This zone allows a full range of retail, service, business, and residential uses. Retail or restaurant uses are required as the predominant uses on the ground floors of buildings fronting on Main Street. Residential uses are allowed only on upper floors. Warehousing and industrial uses are not allowed. The desired character for this zone includes buildings that are built to the right-of-way and oriented toward the pedestrian, with primary entries located along streets rather than parking lots. Such district will be located within the Main Street area between Hibbard and Madison Streets as designated C-1 on the current Zoning Map.

   (B)   Use Limitations.

      (1)   Automobile/motor vehicle repair is permitted in the Commercial Zone when conducted within a completely enclosed building.

      (2)   Manufacturing and production are only permitted in combination with a retail or eating/drinking establishment use.

      (3)   Development in downtown zones is subject to the review process and standards of Staunton City Zoning Ordinances.

   (C)   Buildings not in compliance with provisions of the Zoning C-2 may continue to operate as they are currently being used until the Store Front property requires renovations to meet any code requirements and/or until the property exchanges hands in ownership or is transferred to another party.

(Ord. No. 1762; 12-08-14)