This chapter will establish zoning districts, describe the purpose of each district, indicate allowable uses, set forth performance standards and provide guidelines for mapping each district. The intent for establishing these districts is to:

   (A)   Avoid conflicts between uses of different intensities and character.

   (B)   Meet location requirements for residential, commercial, and industrial uses per the Land Use Plan.

   (C)   Recognize the unique development characteristics of some urban neighborhoods.

   (D)   Regulate the intensity of uses based on access to the transportation system, urban services, and infrastructure capacity.

   (E)   Provide a framework for development standards that ensure adequate light and air and provide safe, uncongested neighborhoods.

   (F)   Provide a high degree of certainty on how the land will develop.

(Ord. 2020-O-3, passed 2-18-2020)

    For the purposes of carrying out the regulations in this chapter, the village is hereby divided into the following districts:

      (4)   R-3 Residential District (Two-Family). The intent of this zoning district is to provide for detached, single-family dwellings, two-family, attached dwelling (duplexes), and accessory uses. These areas may include related uses for recreational, religious, or cultural activities. Some accessory uses are also allowed. This district should be protected from encroachment of uses that create significant negative impacts upon the residential area. Densities in this district range from four to eight dwelling units per acre.

      (1)   CB Central Business District. The primary intent of the Central Business District is to provide for high density retail, service, and office development mixed with residential units, parking, and institutional uses that are located in the urban core. This district has high intensity uses in terms of scale of buildings, traffic that is generated, size of businesses, and hours of operation. The floor area ratio in this district is the highest density allowed by this chapter. Public parking is provided in this district,reducing the necessity of providing on-site parking for individual businesses. The area draws heavy pedestrian traffic from nearby residents and employees in the area.

      (1)   PL Public Lands. The intent of the Public Lands Overlay District is to serve as an overlay district for public uses such as schools, parks, colleges, and other government facilities. The district recognizes the more intense use of land while underlying zoning regulates signage and space requirements. The intensity of uses in this district can range from low intensity parkland to high intensity, high traffic generators such as athletic fields. Low intensity uses in this district, such as parks, are appropriate next to residential uses. High intensity uses require a buffer or transition area.

(Ord. 2020-O-3, passed 2-18-2020)

   (A)    Unless an annexation agreement is in effect at the time of annexation, which assigns a zoning district at the time of annexation, all land annexed to the village shall automatically be reclassified from its present classification under the Tolono County Zoning Ordinance to the classification under this chapter, according to the following table:

 

   (B)   If an annexation agreement exists providing for zoning of property upon its annexation, then such property shall be zoned in accordance with the terms of the agreement upon and after its annexation.

(Ord. 2020-O-3, passed 2-18-2020)

   (A)    All districts should be located in areas with water and sewer capacity and have access to other utilities adequate for the needs based on the intensity of the permitted uses.

   (B)   All districts should be located in appropriate service areas for fire and police protection.

   (C)   All districts should be located to minimize negative environmental impacts including flooding, groundwater tables and other factors.

   (D)   All districts should be located in general conformance to the Comprehensive Plan.

   (E)   The locations and boundaries of the districts established by this chapter are shown upon the Zoning Map, which are hereby incorporated into the provisions of this chapter. The said Zoning Map in its entirety, including all amendments thereto, shall be as much a part of this chapter as if fully set forth and described herein.

   (F)   Where a district boundary line divides a lot held in single and separate ownership at the effective day of this chapter, the regulations applicable to the less restricted district shall extend over the portion of the lot in the more restricted district a distance of not more than 50 feet beyond the district boundary line, provided that full use is made of the less restricted area before the extension into the more restricted area.

   (G)   The use of right-of-way and easements for highways, streets, alleys, walks, railroads, electric power lines, telephone lines, watermains, sanitary sewers and storm drains, whether belonging to a governmental body or a public utility, shall be considered to be permitted uses in each district. However, installation shall conform to applicable federal, state and local government rules and regulations other than zoning.

   (H)   The village shall be permitted the right to use land in any district for a fire station, municipal building, police station and/or public building, swimming pool, recreation building, civic center, municipal office building, park, playground area, any other use deemed for the public good.

(Ord. 2020-O-3, passed 2-18-2020)

         (a)   In any district, a new building or structure for any of the uses permitted in the respective districts may not be erected on a single lot of record (on February 18, 2020) or a combination of lots or portions of lots of record (on February 18, 2020) which has less than the minimum lot area or minimum width specified for the respective district.

         (b)   If two or more lots, or combinations of lots and portions of lots, with continuous frontage in single ownership are of record as of February 18, 2020, and if all or part of the lots do not meet the requirements established for lot width and area in their particular zoning district, the lands involved shall be considered an undivided parcel for the purpose of this chapter. No portion of said undivided parcel shall be used or sold in a manner which diminishes compliance with that district's lot width and area requirements established by this chapter, or shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.

         (a)   Two or more lots may be combined to create a single zoning lot. Such lots shall be under the same ownership at the time of zoning approval for any structure on the zoning lot. Upon construction of such improvements, the zoning lot shall be considered one lot.

         (b)   No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all zoning lots resulting from each such division or sale shall conform with all standards for buildings on a lot and have met the requirements of this chapter.

         (a)   Every principal structure hereafter erected or structurally altered shall be located on a zoning lot, and in no residential district shall there be more than one principal structure on one zoning lot, except as provided for elsewhere in this chapter.

         (b)   In the event that a lot is to be occupied by a group of two or more related principal structures to be used for multi-family dwellings, institutional, or hotel purposes; there may be more than one principal structure on the zoning lot when adequate open space is provided between all buildings in accordance with the open space standards in this chapter.

         (c)   For all industrial lots abutting residential districts, unless authorized by special exception, in no case shall any building or structure be erected closer than 100 feet to any residential district, or shall any parking area be closer than 40 feet to any residential district, for which said 40 feet shall be maintained as a green area covered entirely by grass, shrubs, and/or trees.

         (a)   The fee simple transfer of ownership of that portion of a lot improved with a rowhouse, townhouse, or duplex for the purpose of establishing separate ownership of common-lot-line dwelling units shall constitute a subdivision and shall be subject to the provisions of this chapter.

         (b)   After a subdivision containing or used for common-lot-line dwellings has been recorded, the lots shall be used exclusively for common-lot-line dwelling units and for no other type of development. Any change in the use of said platted lot(s) from common-lot-line dwellings shall require approval of a new subdivision plat.

         (c)   All fee simple transfers of ownership that were recorded prior to the adoption of this chapter shall be deemed to be legal and conforming uses and shall not require any further approval of a subdivision plat to be established as common-lot-line dwelling units.

         (d)   Subdivisions which contain common-lot-line dwelling units shall be subject to and comply with the standards set forth in this chapter, except as provided in division (D)(5) below. Each lot which contains a common-lot-line dwelling unit shall be considered separate and independent from adjoining common-lot-line dwelling units for the purpose of calculating Floor Area Ratio (FAR), Open Space Ratio (OSR), front yards, and rear yards.

         (a)   In the R-3 and R-4 Districts, where a common-lot-line structure is constructed for sale, with each unit on an individual lot, for individual ownership, such common-lot-line dwelling is subject to the standards for principal buildings as described in this subchapter, except that no side yard setback is required for the interior portion of a lot for a common-lot-line structure.

         (b)   In the R-4 District, where townhouse and rowhouse buildings are permitted and one of these structures is constructed for sale, with each unit on an individual lot, to individual owners, such structures shall not be subject to the minimum lot area per dwelling unit requirements of § 154.110, but instead shall be subject to the following minimum requirements:

            1.   A townhouse or common-lot-line dwelling shall be developed on a subdivided lot with no more than seven dwelling units per structure. No structure shall exceed 150 feet in length.

            2.   Minimum lot area per unit shall be not less than 1,800 square feet and shall have a minimum frontage on a public street of not less than 20 feet.

Unless otherwise provided in this chapter, no building or structure, portion of any building, structure, or mechanical equipment shall be erected in, occupy, or obstruct a required front, rear, or side yard except for the following:

      (1)   Cornices, sills, eaves, and other ornamental features may encroach to a distance of not more than two feet six inches, but in no case less than four feet from a side lot line.

      (2)   (a)   Fire escapes to a distance of not more than four feet six inches, or enclosed fire escapes, and enclosed balconies leading from fire towers in required rear yards, when such projection is not more than ten feet when the main structure was built prior to the effective date of this chapter.

         (b)   On all structures for which a building permit is issued on or after February 18, 2020, this encroachment or projection shall not be permitted.

      (3)   Uncovered stairways and necessary landings, to a distance of not more than four feet six inches, provided that each stair and landing shall not extend above the entrance floor of the building.

         (a)   The railing may exceed three feet in height above the landing.

         (b)   The stairway or landing may be covered, but not enclosed, if the covering does not exceed one-third of the length of the building wall on which it is located.

         (c)   This provision is only applicable when the main structure was built prior to February 18, 2020.

         (d)   On all structures for which a building permit is issued on or after February 18, 2020, this encroachment or projection shall not be permitted.

      (4)   Bay windows and chimneys to a distance of not more than three feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located, and provided, further, that in no case shall a bay window or chimney project into a required side yard be more than one-third of such yard.

      (5)   An unenclosed porch, not more than 14 feet in height, may be erected to extend into a required front or rear yard at a distance of not more than ten feet, provided that in no case shall it extend into such front or rear yards more than one-half of the required depth of the yard.

      (6)   A porte cochere may be erected over a driveway in a required side yard, provided that such structure is:

         (a)   Not more than 14 feet in height and 20 feet in length, and

         (b)   Entirely open on at least two sides, exclusive of the necessary supporting columns and customary architectural features, and

         (c)   Side yards remain as set forth in the district regulations.

      (7)   Driveways, walks, fences, and underground structures.

      (8)   Concrete, asphaltic concrete, or all weather surfaces on yards except as otherwise permitted herein. If the yard to be surfaced is a required front or side yard, then the surface must be so located or constructed that an automobile cannot be driven or cannot project upon it from a driveway, parking space, street, or alley.

      (9)   Flag poles, clothes lines, trellises, bird houses and the like.

      (10)   Decks may be constructed in a rear yard (not in a front or side yard) provided that their elevation is not higher than the first floor elevation of the principal structure, and may extend into any required rear yard up to a maximum distance of 50% of that required rear yard.

      (11)   Open unenclosed porches, that is, porches which may have roofs and mesh screening, but which are not glassed in or otherwise walled or enclosed above a height of two and one-half feet above the porch floor, may be constructed in a rear yard (not in a front or side yard) to a distance of ten feet into said rear yard, but not within ten feet of the lot line. The elevation of the porch floor shall not be higher than the first floor elevation of the principal structure.

      (1)   In any district, accessory structures, including private garages, and uses which do not involve the conduct of a business, if attached to the principal structure, may be erected in any space other than a required yard.

      (2)   When an accessory or structure is detached from the principal building, it shall be separated by a minimum distance of three feet.

         (a)   With the exception of corner lots, no detached accessory building or structure shall be located less than 60 feet from the front lot line. In the event of a corner lot, an accessory structure must be placed in the rear yard, with a setback from the second property line abutting a public street equal to or greater than the setback for the principal structure abutting the public street.

         (b)   If a detached accessory structure is to be located on a lot containing a one- or two-family dwelling, the aggregate area of all accessory structures shall not exceed 750 square feet in area. Maximum height shall not exceed 14 feet.

         (c)   For accessory buildings in the CN District, the maximum height shall not exceed 14 feet. For accessory buildings in CB and I-1 Districts, the height standards for principal buildings on a lot shall apply.

      (3)   Where mutual ownership of a private garage existing prior to February 18, 2020, the joint garage can be repaired or enlarged without regard to the side yard setback provisions subject to the following conditions:

         (a)   The garage shall only be for private use.

         (b)   There is mutual written consent for continuance or enlargement filed with the Zoning Administrator which is signed by all owners.

      (4)   Swimming pools not located within a building:

         (a)   The use of such pools shall be restricted to occupants of the principal use and guests for whom no admission or membership fees are charged.

         (b)   If accessory to a non-residential use, the edge of the pool shall be located not less than 100 feet from any lot line.

         (c)   If accessory to a residential use, the edge of the pool shall be located not less than ten feet from any lot line.

         (d)   Illumination of such pools shall be limited to underwater lighting. Swimming pool clubs are not considered accessory uses.

         (e)   All swimming pools constructed under this division (C)(4) shall be completely enclosed by a protective wall, fence or other barrier. The entire barrier, including doors and gates, shall be at least six feet high measured on the inside and outside, shall not provide ready footing for climbing, and shall prevent passage through it. Fences for above ground swimming pools that are attached to the pool deck or pool sidewalls shall extend to at least six feet above the adjoining ground. The enclosure shall be in general accord with Section 820.200, General Design Requirements, of Title 77 Part 820 of the Illinois Administrative Code, Illinois Swimming Pool and Bathing Beach Code.

      (1)   Fifty-one percent or more of the lots on the same side of the street, within the same block, are improved with residential buildings.

      (2)   Seventy-five percent of the residential buildings extend into the required front yard.

      (3)   No structure shall project beyond the average alignment of structures on the same side of the street, within the same block, and within 200 feet.

      (4)   No structure shall project beyond the shortest depth of existing front yards on the lots abutting on each side.

         (a)   For corner lots which were a legal lot of record on February 18, 2020 and which are located in a R-l District, a side yard on the street side of a corner lot shall have a width of not less than 15 feet.

         (b)   In the R-2, R-3, and R-4 Districts, a side yard on the street side of a corner lot shall have a width of not less than ten feet, except where such lot abuts in the rear either directly or across an alley, a lot in an R-l District, in which case the side yard on the street side of the corner lot shall be not less than 15 feet.

         (a)   Religious institutions and schools in the residential districts shall meet the side yard and landscape setback buffer requirements of an R-4 District.

         (b)   Hospitals, nursing homes, and lodges shall meet the side yard and landscape setback requirements of a non-residential land use in the applicable district in which it is located.

(Ord. 2020-O-3, passed 2-18-2020)

   (A)   In any district, no land or structure shall be used, and no structure or building shall hereafter be erected or structurally altered, except for:

      (1)   One or more of the uses listed as permitted by right in that district in Table 154.025;

      (2)   One or more of the provisional uses listed for that district in Table 154.025, provided that the provisional use permit therefor has been issued, according to this chapter;

      (3)   One or more of the special uses listed for that district in Table 154.025, provided that a special use permit therefor has been issued, according to this chapter.

   (B)   In the case of a use not specifically mentioned in Table 154.025, such a use shall be subject to the regulations of the use (whether permitted by right, a provisional use, or special use) to which it is most related or similar, as determined by the Zoning Administrator. The Zoning Administrator may determine that such a use is either permitted by right, permitted as a provisional use, permitted as a special use, or not permitted in any particular district.

   (C)   In Table 154.025, the uses listed in a horizontal row with the letter "X" are permitted by right as the principal use in the district listed at the head of the vertical column in which the letter "X" appears. Similarly, the letter "P" indicates that the use is permitted as a provisional use in that district, and the letter "S" indicates that the use is permitted as a special use in that district, all subject to the regulations and procedures specified in this chapter.

   (D)   In any zoning district, more than one principal building per lot or parcel of land may be allowed under the provisional use procedures, providing they meet the following criteria:

      (1)   The uses are permitted by right (X) or as a provisional use (P) in the district in which the lot or parcel of land is located.

      (2)   The lot or parcel of land does not qualify as a residential, commercial or industrial PUD.

   (E)   In the CB, CN, and PL Districts, more than one principal use may be allowed in a single building, with the approval of the Zoning Administrator, if the uses are permitted by right (X) within the district in which the lot or parcel of land is located.