(a)

Establishment of New Uses. The use of a structure or lot established after the effective date of this section (Ordinance 115, passed October 23, 1970) shall be for a use which is herein specified as a permitted, special or accessory use in the district regulations applicable to the district in which such structure or lot is located.

(b)

Existing Building Permits and Existing Uses.

(1)

Where a building permit for a structure has been issued in accordance with law prior to such effective date and where construction has been begun within six (6) months of such effective date and is being prosecuted to completion, such structure may be completed in accordance with the approved plans and, further, may upon completion be occupied under a certificate of occupancy for the use originally designated.

(2)

Where the use of a structure or lot existing on such effective date is rendered nonconforming under the provisions of this Zoning Code, the provisions of Chapter 1268 shall apply to each use.

(3)

Where a structure and the use thereof or use of a lot lawfully exists on such effective date and is classified by this Zoning Code as a special use in the district where it is located, such use shall be considered a lawful special use, but a special use permit issued in accordance with procedures herein set forth shall be required for any expansion or alteration of such existing legal special use.
(Ord. 115. Passed 10-23-70.)

(a)

Establishment of New Buildings. New buildings shall conform with the bulk regulations established herein for the district in which each such building is located.

(b)

Existing Buildings. Existing buildings shall not be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or further conflict with the bulk regulations of this Zoning Code for the district in which such buildings are located.

(c)

Existing Residential Lots of Record. A lot of record on the effective date of this section (Ordinance 115, passed October 23, 1970) in a residence district which is unable to meet the requirements of this Zoning Code as to lot area and lot width may be used for a single-family detached dwelling provided it meets all other requirements of this Zoning Code.

(d)

Building Height and Size.

(1)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit of the district in which it is located, except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and chimneys, fire and parapet walls, skylights, church spires, cupolas, domes, towers, radio and television antennae, monuments, flagpoles, electric and telephone service poles, water tanks, elevators or similar structures may be erected eighteen (18) feet above the height limit of the district in which it is located.

(2)

Detached accessory buildings shall not exceed thirteen (13) feet in height to the highest point of the roof.

(3)

The grade from which building height is measured shall be the existing or established grade at the building setback line midway between the two (2) side lot lines, except that where the buildable area has an average slope of ten (10) percent, or more, between any two (2) corners, the Building Inspector shall establish the grade from which the building height is measured.

(4)

Within single-family districts, storage or utility sheds shall be not larger than one hundred twenty (120) square feet in gross area. No variances will be made on this maximum size. Any such structure shall be securely anchored to either a six-inch slab, covering the full ground area of the shed, or to thirty-six (36) inches deep by eight (8) inches diameter corner piers.

(e)

Minimum Lot Area for Two or More Uses on a Lot. Where two (2) or more permitted or special uses, each requiring a minimum lot area, are provided in the same building or on the same lot, the required lot area shall be the sum of the areas required for each use individually.

(f)

Lots Without Street Frontage. Every structure or group of structures, and every use or group of uses, shall be located upon a lot. Where unique land planning designs are employed in a subdivision or planned development to preserve the natural character of the site, to provide usable open space and compatible clusters of buildings, a lot which does not abut upon a public street may be permitted provided that:

(1)

Provision is made for ready vehicular and pedestrian access to the lot;

(2)

Provision is made for the unobstructed access of fire-fighting services, police protection, mail carrier letter service, rubbish collection and other services;

(3)

Provision is made for the extension and maintenance of public and private utility services; and

(4)

The arrangement will not contribute toward congestion in nearby streets as a result of delivery services, lack of guest parking or other reasons.

(Ord. 115. Passed 10-23-70; Ord. 157. Passed 4-7-72; Ord. 516. Passed 1-12-82; Ord. 1024. Passed 10-25-94.)

(a)

Required Yards. Yards and other open space as required by this Zoning Code shall be located on the same lot as the principal building or use, and shall have not less than the minimum lot width and lot area as herein required for the district in which such building or use is located, except as otherwise provided in this Zoning Code for planned developments.
(Ord. 115. Passed 10-23-70.)

(b)

Through Lots. On vacant through lots, the front lot line shall be along the street right-of-way designated by the Manager or his or her designee, except that when a front lot line has been established on one (1) or more lots in the same block and all lots have front lot lines established along the same right-of-way line, the street right-of-way line designated as the front lot line for such lot or lots shall be the front line on all vacant through lots in such block.
(Ord. 477. Passed 1-27-81.)

(c)

Nontransferable. No legally required yards, open space or lot area for any building or use shall be used to satisfy yard, open space or lot area requirements for any other building or use.

(d)

Corner Lots. On a corner lot, the front lot line shall be the lot line having the shortest dimension along a street right-of-way line.

(e)

Existing Yards. No yards allocated to a building or use existing on the effective date of this section (Ordinance 115, passed October 23, 1970) shall be subsequently reduced or further reduced below the yard requirements of this Zoning Code, except a yard adjoining a street may be reduced in depth equivalent to the amount of right-of-way taken or otherwise conveyed to a public authority for street or highway widening.
(Ord. 115. Passed 10-23-70.)

(a)

Required Setbacks. Minimum setbacks on lots abutting a street or thoroughfare shall be the distance required for a front yard, or side yard adjoining a street, in the districts where such lots are located, measured from the existing right-of-way line of the street or thoroughfare, or from the proposed right-of-way as designated on the Official Map of the Village, and as duly established by other ordinances of the Village or as established by County or State highway authorities, whichever has the greater right-of-way width requirements.

(b)

Established Setbacks. When the established setback is of a depth other than herein required for a front yard in the district in which the lot is located and where the contiguous street or thoroughfare is not designated on the Official Map for right-of-way widening, the setback for each remaining lot along such street shall be the average of the setbacks already established on adjacent lots, and if no setback is established on one (1) of the adjacent lots, the setback for that lot shall be the average of the required front yard depth and the established setback on the adjacent lot.
(Ord. 115. Passed 10-23-70.)

(a)

Establishment of Accessory Uses. Accessory structures and uses are permitted and special uses may be allowed in the various districts. They shall be compatible with the principal use and shall not be established prior to the establishment of the principal use. Accessory uses shall not include the keeping, propagation or culture of pigeons, poultry, rabbits, bees, livestock or other nonhousehold animals whether or not for profit, except on such lots where the pursuit of agriculture is a principal, special or accessory use.

(b)

Spacing. A detached accessory structure shall not be closer than ten (10) feet to the principal structure at any point.

(c)

Allowable Structural Encroachments in Yards.

(1)

Detached accessory structures in rear yards shall:

A.

Have a coverage of not more than thirty (30) percent of the area of the rear yard;

B.

Observe side yard adjoining a street requirements;

C.

Be located not less than five (5) feet from the nearest lot line, nor within any easement; and

D.

Be located not less than six (6) feet from another accessory building.

(2)

Only the following structures and uses are permitted and may be encroachments in yards and courts as follows:

F
Front yards and side yards adjoining streets

S
Interior side yards

R
Rear yards

C
Courts

All residents are encouraged to review any planned fence construction and/or planting with the Building Inspector prior to construction or installation, in order to assure compliance with the provisions of this chapter.

(Ord. 115. Passed 10-23-70; Ord. 353. Passed 5-3-77; Ord. 516. Passed 1-12-82; Ord. 1024. Passed 10-25-94.)

The development of air rights above land utilized for railroads, expressways and drainage channels shall be processed as planned developments.
(Ord. 115. Passed 10-23-70.)

On corner lots, no structure or plant material in excess of twenty-four (24) inches in height shall be erected or maintained within thirty-five (35) feet of the street lines point of intersection, as measured along adjoining curb lines, or in the absence thereof, along the edge of the pavement.
(Ord. 516. Passed 1-12-82.)

No lot shall hereafter be divided into two (2) or more lots unless all lots resulting from such division conform with all applicable minimum lot area and widths of the zoning district in which such lots are located or as otherwise provided in these regulations.

(Ord. 115. Passed 10-23-70; Ord. 1024. Passed 10-25-94.)

(a)

Recreational Vehicles and Mobile Homes.

(1)

Recreational vehicles and mobile homes shall not be permanently affixed to the ground as a principal building or accessory structure on a lot in any district.

(2)

Recreational vehicles shall neither be occupied for dwelling purposes, nor parked or stored on any lot, except that in residential districts, not more than one (1) recreational vehicle may be parked or stored in the open and only when it is located within a rear yard or on side yard paved surfaces to the rear of the front building line.
(Ord. 115. Passed 10-23-70.)

(b)

Temporary Parking. Temporary parking and the use of trailers shall be permitted when a permit has been issued by the Manager or his or her designee for temporary office or storage uses incidental to, and only for the period of time of, construction of a building development, provided that such trailers are located on the same or contiguous lots to the building development. A remote location for parking and the use of construction trailers may be approved by the Manager or his or her designee if it serves the better interests of the community.

(c)

Tents. Tents shall not be erected, used or maintained on a lot, except such small tents as are customarily used for recreation purposes and located on the same lot as a dwelling or for entertainment purposes and only when they are located within a rear yard. The temporary use of tents for community, religious, eleemosynary, educational, amusement, recreational and commercial purposes shall be permitted only when a permit has been issued by the Manager or his or her designee in accordance with Section 1274.02(a)(7). (See Section 1276.02(179) for definition of "temporary building.")
(Ord. 477. Passed 1-27-81.)

(d)

Boats. Boats may be stored in the open on a lot in a B3 or I District, and one boat which is not equipped with an enclosed cabin area and not more than twenty-four (24) feet in length may be stored or parked on a lot containing a dwelling, provided that it shall be located in a rear yard and no substantial repair, disassembly or rebuilding operations are conducted thereon, except that on such a lot an additional boat may be stored within a completely enclosed accessory building.
(Ord. 115. Passed 10-23-70.)

Each use hereafter established within the Village which requires sewerage and water facilities shall be served by public or community sewerage and water systems. However, such uses hereafter established on lots in areas that are not served with public sewerage and/or water systems may be served with individual sewage disposal systems and/or private wells, provided the Village Board finds after receiving the recommendations of the Plan Commission that it is impracticable to extend public sewerage and/or water systems or install community systems to serve the area. Installation of individual sewage disposal systems and private wells or community sewerage and water systems shall be in accordance with standards and specifications set forth in applicable laws of the Village, County and State.
(Ord. 115. Passed 10-23-70.)

Off-street parking and loading shall be provided as accessory uses as regulated in Chapter 1270.
(Ord. 115. Passed 10-23-70.)

Signs may be erected as regulated in Chapter 1272.
(Ord. 115. Passed 10-23-70.)

All future electric power transmission and telephone lines and other appurtenant installations, other than transformers and street lights, shall be installed underground, except within manufacturing districts.
(Ord. 115. Passed 10-23-70.)

The open storage of junk, refuse, scrap, disabled or damaged motor vehicles, whether awaiting repair or not, is prohibited in all zoning districts.
(Ord. 115. Passed 10-23-70.)

(a)

Uses established in all districts, after the effective date of this section (Ordinance 446, passed December 11, 1979), shall be so operated as to comply with the performance standards governing glare set forth in this section. Uses already established on such effective date shall be permitted to be altered, enlarged, expanded or modified, provided that new sources of glare conform to the performance standards set forth in this section.

(b)

An operation or activity producing glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of one-half foot-candle when measured in all districts.

(c)

Flickering, moving or intense sources of light shall be controlled or shielded so as not to cause a nuisance across lot lines.

(d)

When street lighting produces illumination in excess of one (1) foot-candle at any point in a residence or business district, the contribution by light sources from within the business district measured at the same point shall not exceed seventy (70) percent of the street lighting.
(Ord. 446. Passed 12-11-79.)

(a)

As used in this section, "fence" means any structure, partition or enclosure of wood, iron, metal or other material or any hedgerow or densely planted shrubbery, bushes or other foliage, enclosing or dividing a piece of land.
(Ord. 556. Passed 9-14-82.)

(b)

No fence shall be erected or substantially altered in the Village without a building permit issued therefor by the Village Building Inspector, after he or she has collected the permit fee and has determined that the fence plans are in compliance with all applicable laws of the Village and this section.

(c)

No private fence shall be allowed or constructed on a public street, highway or alley right-of-way. A fence may, by permit, be placed on a public utility easement so long as the structure does not interfere in any way with existing underground, ground or overground utilities. Further, the Village or a utility company having authority to use such easement shall not be liable for repair or replacement of such fence if it is moved, damaged or destroyed by vice of the lawful use of such easement. A fence in violation of this section may be summarily removed by the Village.

(d)

No fence shall be constructed so as to obstruct the view from a motor vehicle when entering or leaving a driveway.

(e)

Any and all other provisions governing the size, type, appearance or location of fencing inconsistent with this Section 1232-16 are hereby repealed.

(f)

A fence shall be constructed in conformity with the wind, stress, foundation, structural or other requirements of the Building and Housing Code and other laws of the Village.

(g)

A fence shall be maintained in good, structurally sound repair and in a neat, clean, presentable and attractive condition.

(h)

In single and multiple-family residential districts, a fence shall not be located in any portion of a front yard beyond the front building line.

In all other yard areas, a fence along the side lines to the rear of the front line of the residential structure and along the rear line, including rear lines abutting street or highway right-of-ways, shall not exceed six feet in height above ground level.

(i)

In Industrial Districts, a fence shall not exceed eight (8) feet in height above ground level, and the use of barbed wire is prohibited, except as provided for in subsection (j) hereof.

(j)

No barbed wire, barbed wire fences, or chain link fence shall be allowed on private property in a non-industrial district being used for single-family or multifamily dwelling purposes or commercial purposes. Provided, however, that chain link fencing may be used to contain a "dog-run" area in a rear yard. Except in districts and locations where barbed wire or chain link fencing is allowed, all fences must be constructed of wood, vinyl, masonry, wrought iron or other approved material.

(k)

A fence existing at the time of adoption of this section which is not in violation of subsection (g) hereof, which is not located on a public street, highway or alley right-of-way and which was not granted a variance by the Village, but which otherwise violates this Zoning Code, may continue to be maintained and to exist but may not be replaced, if destroyed or removed, to the extent that the violation would be continued.
(Ord. 516. Passed 1-12-82; Ord. 1572. Passed 8-22-06.)

(a)

Definitions. As used in this section:

(1)

"Dish" means that part of a satellite signal receiving antenna characteristically shaped like a saucer or dish.

(2)

"Dish-type satellite signal-receiving antenna," also referred to as "earth station or ground station," means one (1) or a combination of two (2) or more of the following:

A.

A signal-receiving device (antenna, dish antenna or dish-type antenna), the purpose of which is to receive communication or other signals from satellites in earth orbit and from other extraterrestrial sources;

B.

A low-noise amplifier (LNA) which is situated at the focal point of the receiving component, the purpose of which is to magnify, store, transfer and/or transmit electronic or light signals; and/or

C.

A coaxial cable, the purpose of which is to carry or transmit signals to a receiver.

(3)

"Grounding electrode" means a six-foot minimum length and ten-foot maximum length grounding electrode permanently positioned in the earth to serve as an electrical conductor through which electrical current may safely pass and dissipate.

(4)

"Receiver" means a television set or radio receiver.

(b)

Permit Required. No person shall construct an earth station without first obtaining a permit therefor, nor shall construction commence before a permit is issued in accordance with Chapter 1440 of the Building and Housing Code.

(c)

Location.

(1)

No earth station shall be constructed in any front or side yard. Earth stations shall be constructed to the rear of the residence or main structure only. All earth stations shall be ground mounted.

(2)

Roof mounted earth stations are prohibited.

(2)

No earth station, including its concrete base slab or other substructure, shall be constructed less than eight (8) feet from any property line or easement.

(3)

No earth station shall be linked, physically or electronically, to a receiver which is not located on the same lot, premises or parcel of land as is the earth station.

(4)

An earth station shall not exceed a diameter of ten (10) feet or a grade height of thirteen (13) feet.

(5)

All structural supports shall be of galvanized metal.

(6)

The one hundred ten (110) volt wiring between an earth station and the receiver shall be placed beneath the surface of the ground within a rigid conduit. Signal wiring should be separate from the one hundred ten (110) volt wiring and not in conduit.

(7)

Such earth station shall be designed to withstand a wind force of seventy-five (75) miles per hour without the use of supporting guy wires.

(8)

Any driving motor shall be limited to one hundred ten (110) volt maximum power design and shall be encased in protective guards.

(9)

An earth station must be bonded to a grounding rod.

(d)

Nonconforming Structures.

(1)

Except as provided in paragraph (d) (2) hereof, earth stations prohibited in subsection (c) hereof shall be removed by the owner or lessee of the premises on which they are located within ninety (90) days of the effective date of this section.
(Ord. 649. Passed 11-12-85.)

(2)

Dish antennas which were erected and maintained in violation of the law as it existed prior to the adoption of subsection (c) hereof shall be removed by the owner or lessor of the premises on which they are located by April 1, 1986.

(3)

Dish antennas existing on the effective date of this section (Ordinance 649, passed November 12, 1985) and not conforming to this section, but which did conform to the previous law, shall be regarded as nonconforming antennas. The use of such nonconforming antennas may be continued for two (2) years from the effective date of this section (Ordinance 649, passed November 12, 1985), provided that such antennas are properly maintained as provided by the ordinances of the Village. Nonconforming antennas which are altered, relocated or replaced shall comply with this section.
(Ord. 649. Passed 11-12-85.)

(1)

Definitions. As used in this section:

Administrative Authority means the Village Manager or his/her designee.

Excavated material means any and all materials moved or removed from an excavation, including, but not limited to, top soil, concrete, asphalt or other paving material, sub soil, rock, clay, sand and gravel, as well as trees, bushes, grass, weeds, agricultural crops or other vegetation removed from the land in conjunction with an excavation.

Excavation means a cavity in the earth or a change in the topography of the land caused by any unnatural means such as by cutting, digging, drilling, coring, pushing, scraping or scooping the land with power shovels, mechanized graders, drilling or coring rigs, hand tools, explosives, back hoes, pressurized air or pressurized water.

Excavation mound shall mean an accumulation of excavated material in one (1) or more piles such that the elevation of the terrain is increased by more than sixteen (16) inches as a result of such mounding. Excavation mound shall include, but shall not be limited to, piles of top soil and vegetation cleared from a construction site, mounds of sand and clay removed for a building foundation, drainage ditch or retention pond. Excavation mound shall not include raised flower or garden beds or landscape berms that have been approved by the Village or other governmental entity or agency as part of a site plan, landscape plan or roadway improvement. Excavation mound shall not include the storage of harvested crops, cut corn stalks compost and the like incident to a permitted agricultural use.

Mounding shall mean the act of accumulating excavated material in a pile or piles.

Responsible party shall mean and include the owner, tenant, or person in control of the property upon which an excavation giving rise to, or from which an excavation mound is created, the owner, tenant or person in control of the property upon which an excavation mound is located, or any person directly involved in creating the excavation mound, including, but not limited to, an excavation or roadway contractor, building contractor, material hauler or utility company.

(2)

Excavation mounds to be removed.

a.

Where an excavation mound has been created or placed on any property within the municipal boundaries of the Village of University Park, from, or by reason of, an excavation authorized under the terms of a building permit, excavation permit, or other permit issued by the Village or by any other governmental entity, the excavation mound shall be removed and the topography of the land beneath the mound shall be restored to its original elevation and condition or to such other elevation or condition as is authorized by a site plan or landscape plan approved by the Village, on or prior to the expiration date of the applicable permit.

b.

Where an excavation mound has been created as a result of an excavation for which no permit is required or as a result of an excavation for which a permit is required by was not issued, the excavation mound shall be removed and the topography of the land restored at such time as the excavation has been completed or within ten (10) days of the date of notice from the Village Administrative Authority to remove the excavation mound, whichever occurs first.

(3)

Violation of Zoning Code. It shall be a violation of this Zoning Code for any owner, tenant or person in control of real property within the Village, or any person responsible for mounding (responsible party) to fail to remove an excavation mound and restore the topography of the land within the time required by this section. An excavation mound remaining after the time required for removal and restoration is an illegal excavation mound and a public nuisance.

(4)

Remedy for violation.

a.

Whenever any condition constituting an illegal excavation mound exists or is found to exist on private property within the Village, and after notice to remove and restore has been issued in accordance with the notice provisions of this Section 1232-18, the Village may, in addition to other remedies, institute any appropriate action or proceeding to remove or cause the removal of the excavation mound and restoration of the topography to its original elevation and condition.

b.

Whenever any condition constituting an illegal excavation mound exists or is found to exist on public property or on any utility, pipeline, roadway or access easement within the Village, and after notice to remove and restore has been issued to a responsible party, the Village may, but shall not be obligated to, remove or cause the removal of the excavation mound and restoration of the topography; and all costs associated with such remedial action, including clearing, grading and material hauling, reasonable attorneys' fees and court costs shall be charged to, and paid by, the responsible party.

c.

An action to enforce this section may be commenced by any owner or tenant of real property within one thousand two hundred (1,200) feet in any direction of the property on which the illegal excavation mound is located provided the person instituting such action has complied with the provisions of Section 11-13-15 of the Illinois Municipal Code (65 ILCS 5/11-13-15, as amended).

d.

In the event the Village or any other party entitled to obtain relief under this Section 1232-18 or under Section 11-13-15 of the Illinois Municipal Code, obtains an order of relief from a court or administrative agency having jurisdiction over the subject matter, the Village or such other party shall, in addition to such relief, be entitled to recover their reasonable attorney's fees, court costs, and costs of remedial action including the cost of clearing, hauling and grading of the excavation mound.

e.

All costs and fees accruing by reason of remedial action taken by the Village and, therefore, recoverable under this Section 1232-18 shall be paid to the Village by the person from whom such charges are recoverable within ten (10) days of notice of the amount due. All amounts not so paid shall constitute a lien upon the real property from which the excavation mound was removed and a lien upon the real property where the excavation giving rise to the excavation mound occurred.

(5)

Notices.

a.

Any notice required to be given or served under this Section 1232-18, shall be written, and shall be served in any one (1) of the following ways:

(i)

Hand delivery by any member of the Division of Police or Department of Code Enforcement; or

(ii)

Postal delivery by U.S. Registered or Certified Mail, return receipt requested, proper postage prepaid.

b.

Notices required under this Section 1232-18 shall be addressed to the person or entity appearing on the tax assessor's most recent list of real estate tax assessees to whom real estate tax bills for the property upon which an illegal excavation mound is located are sent, or to the last known address of any responsible party. Notices given or served by hand delivery under subsection (i) hereof shall be presumed given or served upon the date of receipt or refusal. Notices given or served by postal delivery under subsection (ii) hereof shall be presumed given or served on the second business day next/after the date of deposit in the United States Mail.

c.

Notices required under this Section 1232-18 shall contain, at a minimum:

(i)

A description of the property upon which the excavation mound is located by real property permanent index number and common address, if any.

(ii)

The names of the responsible parties known to the Village.

(iii)

A direction to remove the excavation mound.

(iv)

A statement of fees and costs incurred and due the Village as a result of remedial action taken by the Village.

(Ord. 977. Passed 4-26-94.)