This title shall be known and may be cited and referred to as the ZONING ORDINANCE FOR THE VILLAGE OF STILLMAN VALLEY, ILLINOIS.

(Ord. 255, 3-3-1976)

This title is adopted for the following purposes:

To promote and protect the public health, safety, morals, comfort and general welfare of the people;

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 residence, business and manufacturing and other specified uses;

To protect the character and the stability of the residential, business and manufacturing areas within the village to promote the orderly and beneficial development of such areas;

To provide adequate light, air, privacy and convenience of access to property;

To regulate the intensity of use of lot areas, and to determine the area of open space surrounding buildings, necessary to provide adequate light and air and to protect the public health;

To establish building lines and the location of buildings designed for residential, business, manufacturing or other uses within such areas;

To fix reasonable standards to which buildings or structures shall conform therein;

To prohibit uses, buildings or structures incompatible with the character of development of intended uses within specified zoning districts;

To prevent additions to, or alteration or remodeling of, existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder;

To protect against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare;

To conserve the taxable value of land and buildings throughout the village;

To provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district;

And to define and limit the powers and duties of the administrative officers and bodies as provided herein.

(Ord. 255, 3-3-1976)

Whenever any word in this title importing the plural number is used, any single matter, party or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party or person is referred to in this title by words importing the singular number only, or the masculine gender, several matters, parties or persons and females as well as males and bodies corporate shall be deemed to be included. Words in the present shall include the future. The words "written" or "in writing" may include printing.

Provided, that these rules of construction shall not be applied to any section of this title which contains any express provisions excluding such construction or where the subject matter or content of such section may be repugnant thereto.

Access. The right to cross between public and private property allowing pedestrians and vehicles to enter and leave property.

Accessory use or accessory structure. A use or structure incidental and subordinate to the main use of the property and located on the same lot as the main use.

Agriculture. Land, or land in buildings, the principal use of which includes one of the following: the growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, dairying, floriculture, horticulture, nurseries, pasturage, viticulture, greenhouses, and accessory uses customarily and incidental to agricultural activities including, but not limited to, farm dwellings.

Aircraft hangars/tie downs. An area used for the temporary storage of aircraft, either enclosed or unenclosed.

Aircraft repair and service. General repairs, rebuilding or reconditioning of aircraft.

Airport or aircraft landing field. Any landing area, runway or other facility (including heliports), designed, used or intended to be used either publicly or privately by any person or persons for the landing or taking off of aircraft and hang gliders, including all necessary taxiway, aircraft storage and tie downs areas, hangars and other necessary buildings in open spaces.

Alley. A street which affords only a secondary means of access to property.

Animal hospital. Any building or portion thereof designed or used for the care, observation, or treatment of domestic animals or pets.

Apartment. A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen and bath facilities, permanently installed, must be included for each apartment.

Automobile laundry. A building, or portion thereof, where automobiles are washed with the use of a chain conveyor and blower or steam cleaning device is employed.

Automobile repair, major. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers, collision service, including body, frame straightening or repair and overall painting of vehicles.

Automobile repair, minor. Incidental repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under "automobile repair, major" as defined herein.

Automobile service station. A facility where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, are offered for sale directly to the public, on the premises, and including minor accessories and the services for automobiles and washing of automobiles where no chain conveyor, blower or steam cleaning device is employed.

Automobile wrecking yard. A premises used for the storage or sale of used automobile or truck parts or for the storage, dismantling or abandonment of junk, obsolete automobiles, trailers, trucks, machinery or parts thereof.

Awning. A roof-like covering which projects from the wall of a building or overhangs the public way.

Banquet facility. An establishment that is rented by individuals or groups and is intended and designed to accommodate private (invitation only) functions including, but not limited to, banquets, weddings, anniversaries, conferences, business meetings and other similar events. Such a use may include kitchen facilities for the preparation of food to be consumed on the premises, in outdoor gardens or reception facilities.

Basement. A story partly or wholly underground. Where more than one-half (½) of the height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established, a basement shall be counted as a story for purposes of height measurement.

Bed and breakfast establishment. An owner-occupied single-family dwelling where not more than five short-term (less than 30 days) lodging rooms, with or without breakfast, are provided for compensation. Any "bed and breakfast establishment" shall comply with all requirements of the Illinois Bed and Breakfast Act (50 ILCS 820/1 et seq.).

Block. A tract of land bounded by streets or in lieu of a street or streets, by a public park, cemetery, railroad right-of-way, bulkhead line, a shoreline of a waterway or a boundary line of the village.

Boarding house. A residential use consisting of at least one dwelling unit together with more than two rooms that are rented or designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units; or, a single-family dwelling provided for rental by one or more persons but not exceeding ten persons, for a period of less than 30 days. A boarding house is designed to be occupied for short-term (less than 30 days) guests.

Buildable area. The space remaining on a lot after the minimum open space requirements of this title, or any other, have been complied with.

Building. Any structure with substantial walls and roof, securely affixed to the land, which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind.

Building height. A vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

Building line. A line parallel to the street line at a distance from it, regulated by the front yard requirements, set up in this title.

Building, nonconforming. Any building which does not conform to the regulations of this title prescribing the required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which such building is located.

Building, principal. A building in which is conducted the main use of the lot on which it is situated.

Business. To engage in the purchase, sale, barter or exchange of goods, wares or merchandise; and the maintenance or operation of offices or recreational or amusement enterprises for profit.

Campground. Any parcel or tract of land under the control of any person(s), organization, private entity or governmental entity upon which three or more tents, cabins, recreational vehicles or other permanent or non-permanent type shelters are erected and maintained for camping or where space is provided for camping, temporary parking of recreational vehicles or placing of such tents, cabins, recreational vehicles or other permanent or non-permanent type shelters of any kind for four or more camping days during a calendar year. It shall include any structure, tent, vehicle, enclosure, appurtenances or recreational equipment related to or used or intended for use as part of such campground. "Camping" means the act of resting or establishing temporary shelter using a tent, cabin, recreational vehicle or other permanent or non-permanent type of shelter erected or placed on an area of land. "Camping day" means any 24-hour period or a portion thereof during which participants remain overnight at the site.

Cellar. A cellar is a story having more than one-half of its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurements.

Club or lodge, private. A nonprofit association of persons who are bona fide members paying annual dues, which owns, hires or leases a building or portion thereof.

Curb level. The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the "curb level" shall be the average of the level of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the "curb level."

Dwelling, multi-family. A building or portion thereof, designed for occupancy by three or more families living independently of each other.

Dwelling row. A row of two or more attached one-family party-wall dwellings, not more than two and one-half stories in height, nor more than two rooms in depth measured from the building line.

Dwelling, single-family. A detached building containing one dwelling unit and designed for occupancy by one family only.

Dwelling, two-family. A detached building containing two dwelling units and designed for occupancy by two families.

Dwelling unit. One or more rooms in a building designed for occupancy by one family and having not more than one cooking facility.

Dwelling unit, farm. A single-family dwelling unit located on a farm which is used or is intended for use by the farm's owner, or person employed thereon. Only one farm dwelling shall be permitted on each farm.

Family. An individual or two or more persons related by blood, marriage, legal adoption or legal guardianship, living together as one housekeeping unit using one kitchen, and providing meals or lodging to not more than two additional persons, excluding servants; or a group of not more than five unrelated persons living together as one housekeeping unit using one kitchen.

Family care home for developmentally disabled. A dwelling of 15 or fewer developmentally disabled persons, in which the program size and content are structured to meet the individual social, habilitative, and respite needs of the persons residing therein, in a residential community setting. Prior to admitting residents, this dwelling shall comply with applicable licensing standards of the appropriate federal, state, or local agencies, and may in addition, house such minimum staff persons as may be required to meet the standards of the licensing agencies.

Farm. Real property comprising at least 40 contiguous acres, in one ownership, that is used primarily for the commercial, soil-dependent cultivation of agricultural crop production and/or for the raising of livestock. The term "one ownership" shall include an individual, corporation, business trust, estate, trust, partnership, association, or two or more persons having a joint common interest in the land. For the purposes of this chapter, "farm" does not include property which is primarily used for residential purposes even though some farm products may be grown or farm animals bred or fed on the property incidental to is primary use.

Fuel bulk station. A place where crude petroleum, gasoline, naphtha, benzene, benzol, kerosene or other flammable liquid which has a flash point at or below 200 degrees Fahrenheit (closed cup tester) is stored for wholesale purposes, where the aggregate capacity of all storage tanks is more than 6,000 gallons.

Garage, bus or truck. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding one and one-half tons capacity.

Garage, private. A detached accessory building or portion of the principal building, designed, arranged, used or intended to be used for the storage of automobiles owned or used by the occupants of the premises.

Garage, public. A building used for the care, incidental servicing or sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire or sale within the structure, but not including trucks, tractors, truck trailers and commercial vehicles exceeding one and one-half tons capacity.

Golf course (public, semi-public or private). Grounds over which the game of golf is played, including accessory buildings and land use incidental thereto and consisting of not less than 60 acres for each standard nine-hole golf course, and 30 acres for each nine hole "par 3" course.

Grade, ground level. The average elevation of the finished ground elevation at the centers of all walls of a building, except that if a wall is parallel to and within five feet of a sidewalk, the sidewalk elevation nearest the center of the wall shall constitute the ground elevation.

Guesthouse. Living quarters within a detached accessory building located on the same premises with the principal building, for use by temporary guests of the occupants on the premises.

Height of building. The vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the center height between the highest and lowest points on other types of roofs.

Home occupation. A gainful occupation or profession carried on by an occupant of a dwelling unit carried on wholly within the principal building or within a building accessory thereto, by only members of the family occupying the premises. No article shall be sold or offered for sale on the premises except such as is produced by the occupation on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use. There shall be no exterior display, no exterior sign except as allowed by the sign regulations for the district in which such "home occupation" is located, no exterior storage of materials nor other exterior indication of the "home occupation" or variation from the residential character of the principal building. Offices, clinics, doctor's offices, hospitals, barbershops, beauty parlors, dress shops, millinery shops, tearooms, restaurants, tourist homes, animal hospitals and kennels, among others, shall not be deemed to be "home occupations."

Hospital or sanitarium. An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than 24 hours in any week of three or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions. The term "hospital" as used in this title does not apply to institutions operating solely for the treatment of insane persons, drug addicts, liquor addicts or other types of cases necessitating restraint of patients, and the term "hospital" shall not include convalescent, nursing, shelter or boarding homes.

Hotel, apartment. A building containing dwelling units or individual guest rooms, the majority of which are for permanent guests.

Hotel or motel. A building in which more than five rooms or suites are reserved to provide living and sleeping accommodations for temporary guests, with no provisions in such rooms for cooking in any individual room or suite.

Junkyard. Any place where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packaged, disassembled or handled, including auto and building wrecking yards, outside a completely enclosed building.

Kennel, commercial. A facility, either state licensed or not, housing dogs, cats or other household pets where grooming, breeding, boarding, training or selling of animals is conducted as a business.

Kennel, private. Any building or buildings or land designed or arranged for the care of dogs and cats belonging to the owner of the principal use, kept for the purpose for show, hunting, or as pets.

Laboratory. A place devoted to experimental study or testing and analyzing substances.

Landscape waste. All accumulations of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as a result of the care of lawns, shrubbery, vines and trees.

Landscape waste composting facility. An establishment for the composting of waste materials accumulated as a result of care of lawns, shrubbery, vines and trees. However, property on which the principal use is residential and on which composting of such materials, accumulated exclusively on site, is conducted, shall not be considered a landscape waste composting facility.

Line of building. A line parallel to the nearest lot line drawn through the point of a building or a group of buildings nearest to such lot line, exclusive of such features specified as being permitted to extend into a yard.

Livestock. Cattle, horses, sheep, goats, swine, poultry or any other domestic animals or fowl which are raised for use or sale.

Livestock management facility. An enclosure designed or used for the purpose of concentrated feeding or fattening of livestock or management of livestock for marketing or production.

Loading and unloading space. An open hard-surfaced area of land other than a street or a public way the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers.

Lodging house. A building where lodging is provided (or which is equipped to provide lodging), for compensation, by previous arrangement for definite periods, of more than eight persons.

Lot. When used alone shall mean a tract designated as such on a plat properly recorded.

Lot area. The total horizontal area within the lot lines of a lot exclusive of streets, and easements of access to other property.

Lot, corner. A lot abutting on two or more streets other than an alley, at their intersection.

Lot coverage. The area of a lot occupied by the principal building or buildings and accessory buildings.

Lot depth. The horizontal distance between the front and rear lot lines measured in the main direction of the side lot lines.

Lot frontage. The front of a lot shall be that boundary of a lot along a public street; for a corner lot the owner may elect either street lines as the front lot line.

Lot line. The property line bounding a lot.

Lot line, interior. A side lot line common with another lot.

Lot line, rear. The rear lot line is the lot line or lot lines most nearly parallel to and most remote from the front lot line. Lot lines other than front or rear lot lines are side lot lines.

Lot line, side. Any lot line not a front or rear lot line.

Lot, through. A lot having frontage on two parallel or approximately parallel streets, and which is not a corner lot.

Lot width. The horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.

Mobile home. A trailer house not less than 32 feet in body length designed for long-term occupancy and containing a flush toilet, a tub or shower bath, and kitchen facilities with water supply, electrical supply and sewage disposal and connected to outside systems.

Motor freight terminal. A building in which freight, brought to said building by motor truck, is assembled and sorted for routing in intrastate and interstate shipment by motor truck.

Nonconforming. A lawful existing structure or use at the time of the effective date hereof or any amendment to this title, which does not conform to the requirements of the zone in which it is located.

Nursery, day. Place where care is provided for compensation for three or more children under the age of four years, for periods of more than four hours but not exceeding 24 hours.

Nursery, plant. A farm, garden, or other cultivated land together with accessory structures designed and intended to be used only for the cultivation and sale live vegetation.

Nursery school. A place where care is provided for compensation for children from four to six years of age.

Nursing home or rest home. A private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.

Owner. An owner of property or the authorized agent of an owner.

Parcel delivery station. A building in which commodities, sold at retail, are assembled and routed for delivery to retail customers located within the area.

Parking area, private. An open, hard-surfaced area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.

Parking area, public. An open, hard-surfaced area, other than a street or public way used for the storage of passenger automobiles and commercial vehicles under one and one-half tons capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.

Parking space, automobile. Space within a public or private parking area of not less than 180 square feet (9 feet by 20 feet), exclusive of access drive or aisles, ramps, columns or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half tons capacity.

Planned unit development (PUD). A parcel or tract of land having an area as herein required in district regulations, which is planned as a whole for development, initially under unified ownership or control, and which is or is intended to be the site for two more principal buildings or one or more principal uses, or one principal building for two or more principal uses and within which allowable exceptions in the district regulations are specified. The minimum area for a planned unit development shall be: a) for residential, four (4) acres; b) for business, five acres; c) for industrial, ten acres; and d) for government, two acres.

Porch. A permanent roofed-over structure, projecting from the wall or walls of a main structure.

Self-service storage facility. A building consisting of individual, self-contained, compartmentalized, and controlled access units of varying sizes that are leased or owned for the storage of customers goods and wares.

Sign. An identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon a building, structure or land, and which directs attention to a product, place, activity, person, institution or business.

Sign, flashing. Any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times when such sign is in use. Any revolving, illuminated sign shall be considered a flashing sign.

Sign, gross surface area of. The entire area within a single continuous perimeter enclosing the extreme limits of a sign and in no case, passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing element lying outside the limits of such sign and not forming an integral part of the display.

Solar collector. A device, structure or part of a device or structure (i.e., array, panel, etc.) installed for the purpose of transforming solar energy into thermal, mechanical, chemical or electrical energy.

Solar energy. Radiant energy received from the sun that is collected in the form of heat or light by solar collector.

Solar farm. A use of land where a series of solar collectors are placed in an area for the purpose of converting solar energy into electrical power for interconnection with the power grid primarily for offsite energy consumption. The term includes any associated cabling, devices, equipment, and structures located on site that are associated with the operation of a solar farm. The use of solar collectors for residential or business consumption that occurs on site is not considered a solar farm.

Stable, private. An accessory building in which equine are kept for private use and not remuneration, hire, or sale.

Stable, public. A building or land where equine are kept for remuneration, hire, sale, boarding, riding, or show.

Story. That portion of a building included between the surface of any floor and the surface of the floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.

Story, half. A half story is that portion of a building under a gable, hip or mansard roof, the wall plates of which on at least two opposite exterior walls, are not more than four and one-half feet above the finished floor of each story. In the case of one-family dwellings, two-family dwellings and multiple-family dwellings less than three stories in height, a half-story in a sloping roof shall not be counted as a story for the purpose of this title. In the case of multiple-family dwellings three or more stories in height, a half story shall be counted as a story.

Street. A public right-of-way for vehicular and pedestrian traffic.

Structural alteration. Any change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams, girders or any structural change in the roof or in the exterior walls.

Structure. Something constructed or built and having a fixed base on, or fixed connection to the ground or another structure.

Trailer house. A vehicle or similar portable device originally designed or presently constructed to permit human occupancy for living or sleeping purposes.

Trailer park. A lot upon which two or more trailer houses occupied for living or sleeping purposes are located, regardless of whether a charge is made for such accommodations.

Use. The purpose for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained.

Used car lot. An area on which used cars, trailers or trucks are displayed for sale or trade.

Valued added agricultural activity. Any activity or process that allows farmers to retain ownership and that alters the original agricultural product commodity for the purpose of gaining a marketing advantage. Value added may include bagging, packaging, bundling, pre-cutting, etc.

Yard. An open space on a lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this title.

Yard, front. A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the principal building.

Yard, side. The part of the yard lying between the nearest line of the principal building and a side lot line, and extending from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard.

Zoning lot. A parcel of land which (at the time of filing for building permit), is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a "zoning lot" may or may not coincide with a lot of record.

Zoning map. The map or maps incorporated into this title as part thereof, designating zoning districts.

(Ord. 255, 3-3-1976; amd. 1978 Code; Ord. 1001, § 1, 9-12-2022)

(a)

Minimum requirements. The provisions of this zoning title shall be held to be minimum requirements for the promotion of public health, safety, morals and welfare.

(b)

Relationship with other laws. Where the conditions imposed by any provision of this title upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Code or other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

(c)

Effect on existing agreements. This title is not intended to abrogate any easement, covenant or any other private agreement, provided that where the regulations of this title are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this title shall govern.

(Ord. 255, 3-3-1976)

(a)

Changes in structures or use. Except as may otherwise be provided in chapter 8 of this title, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocations of existing buildings occurring hereafter shall be subject to all regulations of this title which are applicable to the zoning districts in which such buildings, uses or land shall be located.

(b)

Nonconforming buildings, structures and uses. Any lawful building, structure or use existing at the time of the effective date hereof may be continued, even though such building, structure or use does not conform to the provisions of this title for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions of chapter 8 of this title.

(c)

Building permits. When a building permit for a building or structure has been issued in accordance with the law prior to the effective date hereof, and provided that construction is begun within six months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further may upon completion be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of chapter 8 of this title.

(d)

Utilities. No permit for connection with or service from any Municipally operated water distribution system or other utility shall be issued for connection with or service to any building or premises used or maintained in violation of the provisions of this title.

(Ord. 255, 3-3-1976)

No permit for erection of any building or structure, or license or permit for the conduct of any use, shall be issued for a period of three months after question of amending the zoning regulations herein, so as to prohibit the use of building contemplated in the area concerned, until it has been referred by the village board to the plan commission to hold a public hearing on the question of adopting such amendment. Provided, that if final action by the village board is not taken on the question within three months of the time of reference, the rights under the permit or license may be exercised. If within such three-month period the governing body of the municipality shall pass an ordinance prohibiting the use of building or structure on the site involved, such prohibition shall be applicable to the holder of such permit or license.

(Ord. 255, 3-3-1976)

Cross reference— See section 5B-11-7 and title 2, chapter 1 of this Code.

Unless expressly prohibited herein, an accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitations:

(a)

An accessory building may not be located nearer to any interior lot line than the permitted principal building, when any part of the accessory building is on line with the principal building, if extended. However, when an accessory building is located in the rear yard, it may then be located within three feet of the interior lot line, but not nearer than five feet of the rear lot line.

(b)

An accessory building shall not be erected to the establishment or construction of the principal building to which it is accessory, or to which it is intended to be accessory.

(c)

No accessory building shall be located on a reversed corner lot beyond the front yard required on the adjacent lot to the rear, nor be located nearer than five feet to the side lot line of the adjacent lot.

(d)

Any zoning lot or lot of record shall not have more than two accessory buildings, structures or combination of a building and a structure. A detached garage and/or carport shall be counted as one accessory building or accessory structure.

(e)

An "accessory use and structure" includes, but is not limited to, the following:

A children's playhouse, garden house, or private greenhouse;

A garage, shed, carport or building for domestic storage;

Incinerators incidental to residential use;

Storage of merchandise normally carried in stock on the same lot with any retain service or business use, unless such storage is excluded by district regulations;

Storage of goods used in or produced by manufacturing activities, on the same lot or parcel with such activities, unless such storage is excluded by the district regulation;

Off-street motor vehicle parking areas, and loading and unloading facilities;

Public utilities for communication, electric, gas, water and sewer lines, their supports and incidental equipment;

Private swimming pools;

Where a substantial part of the wall of an accessory building is part of the wall of the main building or where no accessory building is attached to the main building in a substantial manner as by a roof, such accessory building shall be counted as part of the main building;

Receiving devices, satellite disc/dish, antenna, towers, their supports and incidental equipment;

Temporary handicap ramps. However, all temporary handicap ramps in residential districts shall still require the inspection of the village building inspector prior to use and must meet the requirements of Section R311.6 of the 2006 International Residential Code.

(f)

Ground-mounted solar panels are a prohibited accessory use in structure in all zoning districts except districts zoned agricultural.

(Ord. 255, 3-3-1976; Ord. 348, 1984; Ord. 961, § 1, 8-9-2021; Ord. 990, § 1, 5-9-2022; Ord. 1001, § 2, 9-12-2022)

No building shall be erected, reconstructed, relocated or structurally altered so as to have a greater height, or higher ratio of lot coverage, or smaller open space about it than permissible under the limitations set forth herein for the district in which such building is located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks, stage towers or scenery lofts, and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the village.

No space allocated to a building or dwelling group for the purpose of complying with the side, rear or front yard, or court or other open space or lot area requirements of this title shall thereafter, by reason of change in ownership or for any other reason, be used to satisfy the yard, court, open space or lot area requirements, or any other building or dwelling group.

An open terrace, but not including a roofed-over porch or terrace, may occupy a front yard, provided the unoccupied portion of the front yard has a depth of not less than 15 feet. A one story bay window may project into a front yard not more than three feet. Overhanging eaves, including gutters, may project over the minimum required side yard not more than 18 inches.

(Ord. 255, 3-3-1976)

(a)

Contiguous parcels. When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use.

(b)

Lots or parcels of land of record. Any single lot or parcel of land held in one ownership which was of record at the time of the effective date hereof, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use, provided that yards, courts or usable open spaces are not less than 75 percent of the minimum required dimensions or areas.

(Ord. 255, 3-3-1976)

Except as otherwise provided for in this title, every residential building shall be constructed or erected upon a lot, or parcel of land, which abuts upon a public street unless a permanent easement of access to a public street was of record prior to the effective date hereof or unless the residential zoning lot abuts a permanent easement of access to a public street which permanent easement shall be maintained by an association or not-for-profit corporation of the landowners.

(Ord. 255, 3-3-1976; amd. Ord. 518, 6-6-1996)

Except in the case of a planned unit development, or a development on a lot zoned for multi-family where there is at least 5,000 square feet of area per dwelling unit and buildings are at least 15 feet apart, not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.

(Ord. 255, 3-3-1976; amd. Ord. 519, 6-6-1996)

Where a use is classified as a special use under this title, and exists as a permitted use at the time of the effective date hereof, it shall be considered as a legal use, without further action of the village board, the zoning administrator or the board of appeals.

(Ord. 255, 3-3-1976)

Cross reference— See chapter 10 of this title.

When a use is not specifically listed in the sections devoted to "uses permitted", it shall be assumed that such uses are hereby expressly prohibited unless by a written decision of the plan commission it is determined that said use is similar to and not more objectionable than uses listed.

(Ord. 255, 3-3-1976)

(a)

It shall be unlawful for any person within the village of Stillman Valley to have more than 100 pounds of propane, regardless of the size or number of storage tanks, anywhere on or within any single site, lot or vehicle; except that said prohibition shall not apply to:

(1)

Recreational vehicle (RV) tank;

(2)

Temporary LP tank for construction site prior to installation of gas hookups; and

(3)

Swimming pool heaters which are limited to 120-gallon tank.

(b)

The village of Stillman Valley follows the 2006 International Fire Code section 3804, Table 3804.3 for location of LP gas containers.

(c)

Any violation of this section is subject to the penalties as set forth in the village of Stillman Valley. Any person convicted of a violation of any subsection or provision of this section shall be punished by a fine not less than $100.00 and not more than $500.0) for any one offense. Each day shall be deemed a separate offense.

(Ord. 736, 1-12-2009)