In order to implement this Code, and to achieve the objectives in article I, the entire city is hereby divided into the following zoning districts:

^* The "minimum area" requirement refers to the smallest total area of contiguous parcels that can properly be given the particular district classification.

(Ord. No. 1769, § 1(Att. 48.3.1), 9-21-2020)

The boundaries of the listed zoning districts are hereby established as shown on the zoning map of this city. 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 city clerk or other appropriate official.

In accordance with state law, 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.

(Ord. No. 1769, § 1(Att. 48.3.2), 9-21-2020)

In determining with precision what territory is actually included within any zoning district, the following rules:

(1)

Where a district boundary shown on the zoning map approximately follows a lot line or centerline of a street, ally, highway or railroad track, the official district boundary shall follow said feature.

(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.

(Ord. No. 1769, § 1(Att. 48.3.3), 9-21-2020)

Any territory hereafter annexed to the city shall automatically be classified "SR-1", single-family residence district, and shall be re-classified only after a public hearing by the joint planning and zoning commission and approval by the city council; except that the city council, with the advice of the joint planning and zoning commission, may annex any territory as any other zoning district or districts herein established if all legal requirements for zoning the property at the time of the annexation and the requirements for amending the zoning map by the extension of the zoning district provisions are met.

(Ord. No. 1769, § 1(Att. 48.3.4), 9-21-2020)

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. The density and yard requirements of this chapter are the minimum required for all buildings or structures constructed or structurally altered after the effective date of this chapter.

(Ord. No. 1769, § 1(Att. 48.3.5), 9-21-2020)

Whenever any use is not specifically listed as permitted or special on the land use table for a particular zoning district, such use shall be deemed prohibited in that district. However, if the joint planning and zoning commission, following consultation with the zoning official finds that the unlisted use is similar to and compatible with the listed uses, they may make a written recommendation to the council to that effect and classify the use as a use permitted by right or via special use with any recommended restrictions. The council's decision shall become a permanent public record.

(Ord. No. 1769, § 1(Att. 48.3.6), 9-21-2020)

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 unless it is properly renewed.

(Ord. No. 1769, § 1(Att. 48.3.7), 9-21-2020)

Except as specifically provided otherwise:

(1)

Only one principal building or structure shall be permitted on any residential lot; and

(2)

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, structure or use.

(Ord. No. 1769, § 1(Att. 48.3.8), 9-21-2020)

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. Flag lots should be avoided.

(Ord. No. 1769, § 1(Att. 48.3.9), 9-21-2020)

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.

(Ord. No. 1769, § 1(Att. 48.3.10), 9-21-2020)

Except as specifically provided otherwise, in the "B-2" central business district and in all residential zoning districts, where lots having 50 percent 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 feet, the minimum required front setback on that block shall be the average of the existing front set-backs; provided however, that in any built-up area, no front setback shall be less than 15 feet, nor shall any front setback greater than 50 feet be required.

(Ord. No. 1769, § 1(Att. 48.3.11), 9-21-2020)

To the extent indicated below, the following features of principal buildings may intrude into yards without thereby violating the minimum setback requirements:

(Ord. No. 1769, § 1(Att. 48.3.12), 9-21-2020)

(a)

Necessary appurtenances. Chimneys, church spires, parapet walls, cooling towers, elevator bulkheads, fire towers, water 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 the city.

(b)

Intersections—Sight distance triangle. On corner lots, in the triangular portion of land bounded by the street lines and a line joining these street lines at points 30 feet from the point of intersection, no obstruction, whether natural or man-made, shall intrude into the air space that is between two and ten feet above the level of the adjacent street. (See sight distance triangle definition in section 48-32)

(c)

[Flag poles.] Flag poles may be located in any yard as long as it is at least five feet set back from all side yard lines.

(Ord. No. 1769, § 1(Att. 48.3.13), 9-21-2020)

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:

(1)

Whenever the public sanitary sewerage system is reasonably accessible (that is, when the distance from the property in question to the nearest public sewer with available capacity does not exceed 200 feet, all sewage shall be discharged into such system whether or not a private sewerage system already exists or is more convenient.

(2)

Whenever the public sewerage system is not reasonably accessible, a private sewerage system 36 shall be installed and used. All private sewerage systems shall be designed, constructed, operated, and maintained in conformity with the following requirements:

a.

Illinois Private Sewage Disposal Licensing Act, (Ill. Comp. Stat., Ch. 225; Sec. 225/1 through 225/23) as amended from time to time; and

b.

Illinois Private Sewage Disposal Code No. 4.002, promulgated by the Director of the Illinois Department of Public Health, as amended from time to time; and

c.

Pertinent, current regulation issued by the Illinois Environmental Protection Agency; and

d.

Applicable codes and regulations of the city, particularly the Subdivision Code and the Utilities Code.

(3)

The administrator shall not issue any certificate of zoning compliance unless, following consultation with the city engineer, it is determined these requirements will be met.

(Ord. No. 1769, § 1(Att. 48.3.14), 9-21-2020)

(a)

Any accessory use shall be deemed permitted in a particular zoning district if such use:

(1)

Meets the definitions of "accessory use" found in section 48-32;

(2)

Is accessory to a principal structure or use that is allowed in a particular zoning district as permitted (See the land use matrix); and

(3)

Is in compliance with the restrictions set forth in section 48-66.

(b)

If an accessory structure is attached to a principal structure, it shall be considered part of such structure. (See definition of "attached" in section 48-32).

(Ord. No. 1769, § 1(Att. 48.3.15), 9-21-2020)

(a)

Use limitations.

(1)

No accessory structure shall be built or used prior to the construction of the principal building, except as an otherwise allowable temporary construction facility used for the construction of the principal building or other special circumstances provided a site plan and elevations depicting the design, location, height and size of said accessory structure and justification for its construction in advance of the principal structure is reviewed and approved by the joint planning and zoning commission.

(2)

No accessory structure shall be utilized unless the principal structure to which it is accessory is occupied.

(3)

Use of any accessory structure as a dwelling is strictly prohibited in all districts.

(4)

Residential accessory structures shall not be rented or occupied for financial consideration.

(b)

Location.

(1)

No accessory building or structure shall be permitted in any required front yard.

(2)

Accessory buildings and structures shall be set back at least five feet from the rear lot line.

(3)

Accessory buildings and structures shall maintain the same side yard as is required for the principal structure located on the lot, except that off-street parking, fences, walls and hedges may be located in the required side yard areas.

(4)

Accessory buildings on a corner lot shall not be located closer to the side street right-of-way line than the principal building.

(5)

No part of any accessory building or structure shall be located closer than ten feet of another structure or building.

(6)

No part of any accessory building or structure shall be located within any utility or stormwater easement.

(7)

Accessory buildings or structures shall not exceed 14 feet in height in any residential district and 25 feet in height in any non-residential district provided there shall be no height limit on accessory structures in the agricultural districts, unless otherwise prohibited by law.

(8)

Accessory uses, buildings or structures shall be subordinate in area and fair market value to its principal building or structure it serves and shall not cover more than 30 percent of the required rear yard.

(Ord. No. 1769, § 1(Att. 48.3.16), 9-21-2020)