An ordinance to establish zone districts and regulations governing the development and use of land within the city, in order to preserve, protect and promote the public health, safety and welfare in accordance with 65 ILCS 5/11-13-1 et seq.

(1975 Code, § 32-I.1)

   This chapter shall be known and may be cited as the “Zoning Ordinance of the City of Vienna, Illinois”.

(1975 Code, § 32-I.2)

   This chapter shall be applicable within the corporate limits of the city.

(1975 Code, § 32-I.3)

   Every provision of this chapter shall be construed liberally in favor of the city, and every requirement imposed herein shall be deemed minimal. Whenever the requirements of this chapter differ from the requirement of any other lawfully adopted and effective ordinance, regulation, deed restriction or covenant, the more stringent requirement shall prevail. Regardless of any other provision of this chapter, no land shall be used and no structure shall be erected or maintained in violation of any duly constituted laws of the state or of the United States of America.

(1975 Code, § 32-I.4)

   Except as may be provided otherwise by statute or ordinance, no official, City Council member, agent or employee of the city shall render himself or herself personally liable for any damage that may occur to persons or property as a result of any act required or permitted in the discharge of duties under this chapter (See “Local Governmental and Governmental Employees Tort Immunity Act”, 745 ILCS 10/1-101 et seq.). Any suit brought against any official, City Council member, agent or employee of the city, as a result of any act required or permitted in the discharge of duties under this chapter, shall be defended by the City Attorney until the final determination of the legal proceedings.

(1975 Code, § 32-I.5)

   In constructing the intended meaning of terminology used in this chapter, the following rules shall be observed.

   (A)   Words and phrases shall have the meaning respectively ascribed to them in § 154.07, unless the context clearly indicates otherwise; terms not defined in § 154.07 shall have their standard English dictionary meanings.

   (B)   Words used in the present tense shall include the future tense.

   (C)   Words used in the singular number shall include the plural number, and the plural the singular.

   (D)   The term “shall” is mandatory; the term “may” is discretionary.

   (E)   All distances shall be measured to the nearest integral foot; six inches or more shall be deemed one foot.

   (F)   References to sections shall be deemed to include all divisions within that section; but a reference to a particular division designates only that division.

   (G)   A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited.

(1975 Code, § 32-II.1)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ABUTTING. As applied to lots, means having a common line or district line, or so located in relation to each other that there would be a common lot line or district line but for the existence of a street, alley or other public right-of-way.

   ACCESS WAY. A curb cut, ramp, driveway or other means for providing vehicular access to an off-street parking or loading area.

   ACCESSORY USE. Any structure or use that is:

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

      (2)   Necessary or contributing to the comfort and convenience of the occupants of the principal structure or use served; and

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

   ADMINISTRATOR. The person or organization assigned to administer the ordinance by the City Council.

   AGRICULTURE. Any one or any combination of the following: the growing of farm or truck garden crops, dairying, pasturage, horticulture, floriculture or animal/poultry husbandry. The term AGRICULTURE encompasses the farmhouse, and accessory uses and structures customarily incidental to agricultural activities.

   AISLE. A vehicular traffic way within an off-street parking area, used as a means of access/egress from parking spaces.

   ALLEY. A public right-of-way which affords a secondary means of vehicular access to abutting premises that front on a nearby street.

   ALTER. To change the size, shape or use of a structure.

   AMENDMENT. A change in the provisions of this chapter (including those portions incorporated by reference), properly affected in accordance with state law and the procedures set forth herein.

   APARTMENT. See DWELLING, MULTIPLE-FAMILY.

   ATTACHED. As applied to buildings, means having a common wall and/or common roof.

   BLOCK. An area of land entirely bounded by streets, highways, barriers or ways (except alleys, pedestrian ways or exterior boundaries of a subdivision unless exterior boundary is a street, highway or way), or bounded by a combination of streets, public parks, cemeteries, railroad rights-of-way, waterways or corporate boundary lines.

   BOARD OF APPEALS. The Board of Zoning Appeals of Vienna, Illinois.

   BUILDING. Any covered structure permanently affixed to land and designed or used to shelter persons or chattels.

   BUILDING HEIGHT.

      (1)   The vertical distance measured from the average grade at the front wall of a building to the highest point of the coping of flat roof or to the deck line of mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

      (2)   Chimneys, towers, cooling towers and similar projections shall not be included in calculating BUILDING HEIGHT.

   BUILDING LINE. The line nearest the front of and across a lot, delineating the minimum open space required between the front of a structure and the street right-of-way line.

   CITY. The City of Vienna, Illinois.

   CLINIC. An establishment where licensed physicians or dentists practice medicine or dentistry, but where overnight lodging for sick or injured persons is not provided.

   CLUB/LODGE. A nonprofit association of persons who are bonafide members organized for some purpose(s) and paying regular dues and whose facilities are restricted to members and their guests; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

   CONFORMING. In compliance with the applicable provisions of this chapter.

   DAY CARE CENTER. See NURSERY SCHOOL.

   DETACHED. As applied to buildings, means surrounded by yards on the same lot as the building.

   DEVELOP. To erect any structure or to install any improvements on a tract of land, or to undertake any activity (such as grading) in preparation therefore.

   DIMENSIONS. Refers to both lot depth and lot width.

   DISTRICT, ZONING. A portion of the territory subject to this chapter wherein certain uniform requirements or various combinations thereof apply to structures, lots and uses under the terms of this chapter.

   DRIVEWAY. A minor way commonly providing vehicular access to a garage or off-street parking area.

   DWELLING. A building or portion thereof designed or used primarily as living quarters for one or more families, but not including hospitals, nursing homes, hotels, motels or other accommodations for the transient public.

   DWELLING, MULTIPLE-FAMILY. A building or portion thereof containing two or more dwelling units.

   DWELLING, SINGLE-FAMILY. A dwelling containing one dwelling unit and intended for the occupancy of one family.

   DWELLING UNIT. One or more rooms designed or used as living quarters by one family. A DWELLING UNIT always includes a bathroom and a kitchen.

   EASEMENT. A right to use another person’s real property for certain limited purposes.

   ENCLOSED. As applied to a building, means covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior walls or by common walls, with openings only for windows and doors.

   ENLARGE. To increase the size (floor area, height and the like) of an existing principal structure or accessory use, or to devote more land to an existing use.

   ERECT. To build, construct.

   ESTABLISHMENT. Either of the following:

      (1)   An institutional, business, commercial or industrial activity that is the sole occupant of one or more buildings; or

      (2)   An institutional, business, commercial or industrial activity that occupies a portion of a building such that:

         (a)   The activity is a logical and separate entity from the other activities within the building and not a department of the whole; and

         (b)   The activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.

   EXISTING. Actually constructed or in operation on the effective date of this chapter.

   FAMILY. One person, or two or more persons related by blood, marriage or legal adoption, or not more than three unrelated persons, maintaining a common household in a dwelling unit.

   FLOOR AREA, GROSS. The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center of the common walls of attached buildings. GROSS FLOOR AREA includes basement floors; attic floor space; halls, closets, stairwells; space devoted to mechanical equipment; and enclosed porches.

   FRONTAGE. The linear extent of the front (street-side) of a lot.

   GREENHOUSE. See NURSERY.

   HEREAFTER. Any time after the effective date of this chapter.

   HOME OCCUPATION. Any business, profession or occupation conducted for gain entirely within a dwelling or on residential premises in conformity with the provisions of this chapter.

   HOSPITAL. An institution devoted, on an around-the-clock basis, to the maintenance and operation of facilities for the diagnosis, treatment or care of members of the general public suffering from disease, injury or other abnormal physical conditions. The term HOSPITAL as used in this chapter includes sanitariums, but excludes institutions operating solely for the treatment of insane persons, drug addicts or alcoholics, and convalescent/nursing homes.

   IMMOBILIZE. As applied to a mobile home, means to remove the wheels, tongue and hitch and/or to place on a permanent foundation.

   INTERSECTION. The point at which two or more public rights-of way (generally streets) meet.

   LOADING SPACE. An off-street space used for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

   LOT. A tract of land intended as a unit for the purpose (whether immediate or future) of transfer of ownership or development. A LOT may or may not coincide with a “lot of record”.

   LOT, CORNER. A lot having at least two adjacent sides that abut for their full length upon street rights-of-way, but no alleys or other minor ways. Both such lines shall be deemed front lot lines.

   LOT, THROUGH. A lot having a pair of approximately parallel lot lines that abut two approximately parallel street rights-of-way. Both lot lines shall be deemed front lot lines.

   LOT AREA. The area of a horizontal plane bounded by the front, side and rear lines of a lot.

   LOT COVERAGE. The portion of a lot that is occupied by buildings or structures, including accessory buildings or structures.

   LOT DEPTH. The average horizontal distance between the front lot line and the rear lot line of the lot.

   LOT LINE, FRONT. The lot boundary abutting the street right-of-way.

   LOT LINE, REAR. An interior lot line which is most distant from and most nearly parallel to the front lot line.

   LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.

   LOT SIZE REQUIREMENTS. Refers to the lot area, width and depth requirements of the applicable district.

   LOT WIDTH. The average horizontal width of a lot measured at right angles to the side lot lines.

   MAINTENANCE. The routine upkeep of a structure, premises or equipment, including the replacement or modification of structural components to the extent necessary to keep the said structure in sound condition.

   MOBILE HOME. A manufactured structure originally designed to permit its transport on wheels, for occupancy and use as a dwelling by persons, whether or not it is actually so occupied or used at a given time or location.

   MOBILE HOME PARK. A lot(s) not less than two acres in area in single ownership/control, developed with facilities for accommodating occupied mobile homes in accordance with the requirements of the city’s mobile home regulations.

   MOBILE HOME STANDARDS. The part of the mobile home space beneath a mobile home that includes a concrete slab or runners on which the home is placed.

   NONCONFORMING. As applied to a lot, structure or use, means lawfully existing on the effective date of this chapter, but not in compliance with applicable provisions thereof.

   NUISANCE. Any thing, condition or conduct that endangers health, or unreasonably offends the senses, or obstructs the free use and comfortable enjoyment of property, or essentially interferes with the comfortable enjoyment of life.

   NURSERY. A tract of land on which trees, shrubs and other plants are raised for transplanting and sale, and including any structure in which said activities are conducted.

   NURSERY SCHOOL. An establishment for the part-time care and/or instruction at any time of day of four or more unrelated children of pre-elementary school age.

   NURSING HOME. A building used as medical care facility for persons who need long term nursing care and medical services, but do not require intensive hospital care.

   OFFICE. Any building or portion thereof in which the business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted.

   PARKING AREA/LOT, OFF-STREET. Land that is improved in accordance with this chapter and used primarily for the storage of passenger motor vehicles, free of charge or for compensation. An OFF-STREET PARKING AREA, depending on the circumstances of its use, is either a principal use or an accessory use.

   PARKING SPACE, OFF-STREET. An area at least 20 feet long and ten feet wide within an off-street parking area or garage, used for the storage of one passenger motor vehicle.

   PERMITTED USE. Any use which is or may be lawfully established in a particular district, provided it conforms with all the requirements applicable to said district.

   PERSON. Any individual, firm, association, organization or corporate body.

   PLOT. A parcel of land consisting of one or more lots or portions thereof which is described by reference to a recorded plat or by metes and bounds.

   PREMISES. A lot and all the structures and uses thereon.

   PRINCIPAL BUILDING/STRUCTURE/USE. The main structure erected on or the main use occupying a lot, as distinguished from an accessory (subordinate) structure or use.

   PROPERTY LINE. See LOT LINE.

   RECONSTRUCT. As applied to nonconforming structures, means to rebuild after partial or total destruction.

   RELOCATE. To move to another portion of a lot or to a different lot.

   REPAIR. To restore to sound condition, but not to reconstruct.

   RETAIL. Refers to the sale of goods or services directly to the consumer rather than to another business.

   RIGHT-OF-WAY, PUBLIC. A strip of land which the owner/subdivider has dedicated to the city or to another unit or government for streets and alleys.

   SERVICE USE/ESTABLISHMENT. Any use or establishment wherein services are provided for remuneration either to individuals or to other firms.

   SETBACK. The distance between the front lot line and the building line, or between a side or rear lot line and that side of the structure which faces such lot line, or between the appropriate lot line and the nearest boundary of the area of operation which is approximately parallel to such lot line.

   SINGLE-FAMILY RESIDENCE. See DWELLING, SINGLE-FAMILY.

   SKIRTING. The covering affixed to the bottom of the exterior walls of a mobile home to conceal the underside thereof.

   SPECIAL USE. A use that has unusual operational, physical or other characteristics which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district. SPECIAL USES commonly must meet special standards not necessarily applicable to permitted uses in the district, and are allowed only by permit.

   SPECIAL USE PERMIT. A permit issued in accordance with the provisions of this chapter to regulate the development/operation of a special use.

   STABLE. A structure, situated on the same lot as a dwelling, and designed or used for housing horses for the private use of occupants of the dwelling, but not for hire.

   STREET.

      (1)   A public or private way for motor vehicle travel.

      (2)   The term STREET includes a highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court and similar designations, but excludes an alley or a way for pedestrian use only.

   STREET, PRIVATE. Any street providing access to abutting property that is not maintained by and dedicated to the city or other public entity.

   STRUCTURE.

      (1)   Anything constructed or erected on the ground, or attached to something having a fixed location on the ground.

      (2)   All buildings are STRUCTURES, but not all STRUCTURES are buildings.

   STRUCTURE, TEMPORARY. Any structure that is not attached to a permanent foundation.

   TEMPORARY USE PERMIT. A permit issued in accordance with the provisions of this chapter and valid for not more than one year, which allows the erection or occupation of a temporary structure or the operation of a temporary enterprise.

   TOPOGRAPHY. The physical relief features or surface configuration of an area.

   USE. The purpose or activity for which land or structure thereon is designed, occupied or used.

   USE VARIANCE. A type of amendment (not variance) that allows a use in a district where said use would not be allowed under existing provisions of this chapter.

   UTILITY SUBSTATION. A secondary utility facility such as an electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant and the like.

   VARIANCE. A relaxation of the strict application of the lot size, setbacks or other bulk requirements applicable to a particular lot or structure.

   WHOLESALE. Refers to the sale of goods or services by one business to another business.

   YARD. Open space that is unobstructed except as specifically permitted in this chapter and this is located on the same lot as the principal building.

   YARD, FRONT. A yard which is bounded by the side lot lines, front lot lines and the building line.

   YARD, REAR. A yard which is bounded by side lot lines, rear lot lines and the rear yard line.

   YARD, SIDE. A yard which is bounded by the rear yard line, front yard line, side yard line and side lot line.

   YARD LINE. A line in a lot that is parallel to the lot line along which the yard in question extends and which is not nearer to such lot line at any point than the required depth or width of said yard.

   ZONING MAP. The map and any amendments thereto designating zoning districts, and incorporated into this chapter by reference.

(1975 Code, § 32-II.2) (Ord. 2001-02, passed 2-7-2001; Ord. 16-01, passed 4-6-2016)

   For the purpose of this chapter, the city is hereby divided into the following districts:

   (A)   R-A Rural Agricultural District;

   (B)   R-1 Single-Family Residential District;

   (C)   R-2 General Residential District;

   (D)   MH Mobile Home Park District;

   (E)   C-1 General Commercial;

   (F)   C-2 Highway Commercial; and

   (G)   I Industrial.

(1975 Code, § 32-III.1)

   The boundaries of the zoning districts are established on a map entitled “Zone District Map, City of Vienna, Illinois” which accompanies and is a part of this chapter. District boundary lines follow lot lines, centerlines of streets and alleys, railroad rights-of-way, or other similar natural features. Questions concerning the exact location of district boundaries shall be determined by the Zoning Board of Appeals. In accordance with state law, if any changes are made in the zoning districts or regulations during a calendar year, the city shall publish the revised official zoning map no later than March 31 of the following year.

(1975 Code, § 32-III-2)

   (A)   Any territory annexed to the city is upon such annexation, automatically zoned R-A, Rural Agricultural, until otherwise zoned.

   (B)   Property owners seeking to have their property annexed to the city may petition the City Council to pre-zone such territory.

   (C)   In assigning a zone district designation to the subject territory, any zone classification or combination of classifications may be utilized so long as said classifications are consistent with the city’s General Plan.

(1975 Code, § 32-III-3)

   In order to prevent “spot” zoning, the smallest total area of contiguous parcels that can properly be given a district designation is as follows.

 

(1975 Code, § 32-III-4)

   Except as specially provided in this chapter, no building, structure or land shall be used and no building, structure or part thereof shall be erected, constructed, reconstructed, occupied, moved, altered or repaired, except in conformity with this chapter.

(1975 Code, § 32-III-5)

   Any use lawfully existing at the time of enactment of the ordinance, shall be allowed to continue as a nonconforming use, subject to the provision of § 154.67.

(1975 Code, § 32-III-6)

   Any part of any building or structure which is declared unsafe by the city may be strengthened or restored to a safe condition.

(1975 Code, § 32-III-7)

   No building shall be erected on any lot unless such lot abuts or has permanent easement of access to a public or private street. Such lot abutment or permanent easement of access shall not be less than 30 feet on a street.

(1975 Code, § 32-III-8) Penalty, see § 10.99

   Not more than one principal detached residential dwelling shall be located on a lot, nor shall any principal detached residential dwelling be located on the same lot with any other principal building.

(1975 Code, § 32-III-9)

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

 

(1975 Code, § 32-III-10)

   (A)   Necessary appurtenances. Chimneys, church spires, cooling towers, elevator bulkheads, fire towers, antennas and other necessary appurtenances commonly constructed above the roof line shall be permitted to exceed the maximum height limitation of the district in which they are located if they comply with all other pertinent city ordinances.

   (B)   Intersections. On corner lots, in the triangular portion of land bounded by intersecting streets lines and a line joining those street lines at points 30 feet from the point of intersection, no natural or human-made obstruction shall intrude into the air space that is between two and ten feet above the level of the adjacent street.

(1975 Code, § 32-III-11)

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

   (A)   Meets the definition of “accessory use” found in § 154.07;

   (B)   Is accessory to a principal structure or use that is allowed in a particular zoning district as a permitted or special use; and

   (C)   Is in compliance with the restrictions set forth as follows:

      (1)   Height: No accessory use shall be higher than

         (a)   Fifteen feet in any residential district; or

         (b)   Twenty-five feet in any other zoning district except the Rural Agricultural District where, due to the special needs of farm operations, there shall be no height limit on accessory structures.

      (2)   Setbacks: no accessory use shall be located in any part of a required yard excepting that in residential zone districts, an accessory use may be located as close as three feet to a side or rear lot line when said structure is also located on the rear one-third of the subject lot.

      (3)   Yard coverage: in any residential district, accessory uses shall not cover more than 30% of a required rear yard.

      (4)   Use as a dwelling: use of an accessory structure as a dwelling is prohibited in the city.

(1975 Code, § 32-III-12)

   In all districts, property owners of all buildings and places where people live, work or assemble shall provide for the sanitary disposal of all sewage in accordance with the following requirements.

   (A)   Whenever the city sewage system is available within a distance of 200 feet or less measured from the property line closest to the sewage system, all sewage shall be discharged into the city system. The requirement applies regardless of the availability of a private sewage system which may already exist or which may be more convenient.

   (B)   Whenever the city sewage is not located within the distance described above, a private sewage system shall be installed and used. All private sewage systems shall be designed, constructed, operated and maintained in conformity with the following requirements:

      (1)   Illinois Private Sewage Disposal Licensing Act, 225 ILCS 225/1 through 24, as amended from time to time;

      (2)   Illinois Private Sewage Disposal Code No. 4.002, being 77 Ill. Adm. Code 905, promulgated by the Director of the State Department of Public Health, as amended from time to time; and

      (3)   Pertinent, current regulations issued by the State Environmental Protection Agency.

(1975 Code, § 32-III-13)

   (A)   Agricultural exemption. The provisions of this chapter shall not be exercised so as to impose regulations with respect to land used for agricultural purposes, or with respect to the erection, maintenance, repair, alterations, remodeling or extension of buildings or structures used or intended for agricultural purposes upon such land, except that such buildings for agricultural purposes shall be required to conform to building setback lines. In the event that the land ceases to be used solely for agricultural purposes, then and only then, shall the provisions of this chapter apply.

   (B)   Permitted uses.

      (1)   Agricultural uses including farms, ranches and horticultural enterprises;

      (2)   Commercial nurseries, greenhouses and temporary produce stands;

      (3)   Single-family residences;

      (4)   Contractors storage yards and facilities related to servicing agricultural enterprises including spraying, trimming, fertilizing, tree removal, drainage and/or crop harvesting and storage;

      (5)   Governmental facilities;

      (6)   Schools;

      (7)   Offices; and

      (8)   Private or public recreational facilities including golf courses.

   (C)   Uses requiring special use permits.

      (1)   Agricultural implement sales;

      (2)   Animal hospitals and veterinary offices;

      (3)   Blacksmith and welding operations;

      (4)   Cemeteries;

      (5)   Churches;

      (6)   Mobile homes in conformance with § 154.48(E)(1);

      (7)   Horse keeping and the keeping of animals for agricultural projects, hobbies or home occupations;

      (8)   Food and dairy product processing; and

      (9)   Nursing homes.

   (D)   Accessory uses. Uses and structures which are incidental or accessory to any of the uses permitted in this zone. See §§ 154.07 and 154.31.

   (E)   Area, height, setback and yard regulations.

      (1)   Minimum lot area: one acre.

      (2)   Permitted height of main building: 25 feet, except farm structures exclusive of farm dwelling.

      (3)   Minimum yard setbacks:

         (a)   Front: 20 feet from any property line adjoining any public street;

         (b)   Side: five feet. Lots over 70 feet in width, side yards combined must equal at least 15% of the total width with no single side yard less than five feet; and

         (c)   Rear: 20 feet.

      (4)   Minimum lot width: 150 feet.

   (F)   Special restrictions within Rural-Agricultural District.

      (1)   One dwelling per lot. Not more than one dwelling unit shall be erected or placed on any lot in the Rural-Agricultural District.

      (2)   Non-agricultural animal keeping.

         (a)   Horse keeping.

            1.   No horse keeping is permitted on any lot existing prior to the adoption of this chapter which is less than 20,000 square feet.

            2.   Two horses are permitted on lots exceeding 20,000 square feet but do not exceed 30,000 square feet. One additional horse is permitted for each additional 5,000 square feet of lot area.

            3.   For the purposes of this section, two ponies shall count as one horse, except that each pony in excess of four shall be counted as one horse.

            4.   A foal less than one year old, maintained in the company of its mother, will not be counted in determining compliance with this section.

            5.   Horses up to twice the number normally allowed on a parcel of land may be kept on a temporary basis of up to one week but not more frequently than every 30 days.

            6.   Any area where horses are kept shall not be less than 50 feet from any habitable dwelling on the same parcel, 200 from any habitable dwelling(s) on adjacent parcels, and 200 feet from any church, school, hospital/clinic or where foods are processed, stored, kept, manufactured or served to the public.

            7.   The design of the horse keeping facility will be reviewed by the City Council as part of the special permit process.

         (b)   Other animal keeping for hobbies, agricultural projects or home occupations.

            1.   Any area where animals other than horses are kept for hobby purposes, agricultural projects or home occupations shall not be located within 200 feet of any habitable dwelling(s) on adjacent parcels, any church, school, hospital clinic or where foods are processed, stored, kept, manufactured or served to the public.

            2.   The design of any animal keeping facility shall be reviewed by the City Council as part of the special permit process.

(1975 Code, § 32-III-IV)

   (A)   Permitted uses.

      (1)   Conventionally built single-family residences;

      (2)   Public parks and playgrounds; and

      (3)   Agricultural uses.

   (B)   Uses requiring special use permits.

      (1)   Churches;

      (2)   Governmental uses;

      (3)   Schools;

      (4)   Utility sub-stations with screening;

      (5)   Home occupations consistent with § 154.65(C);

      (6)   Animal keeping consistent with the special use requirements of the R-A District; and

      (7)   A day care center for the care of preschool age children.

   (C)   Accessory uses. Uses and structures which are incidental or accessory to any of the uses permitted in this zone. See §§ 154.07 and 154.31.

   (D)   Area, height, setback and yard regulations.

      (1)   Minimum lot area: 7,000 square feet.

      (2)   Permitted height of main building: 25 feet.

      (3)   Minimum yard setbacks:

         (a)   Front: 20 feet from any property line adjoining any public street;

         (b)   Side: five feet. Lots over 70 feet in width, side yards combined must equal 15% of total width with no single side yard less than five feet; and

         (c)   Rear: 20 feet.

(1975 Code, § 32-V) (Ord. 78-3, passed 2-6-1978)

   (A)   Permitted uses.

      (1)   Permitted uses in the Single-Family Residential (R-1) District; and

      (2)   Multiple-family dwellings.

   (B)   Uses requiring special use permits.

      (1)   Mobile homes in conformance with § 154.48(E)(1);

      (2)   Churches;

      (3)   Governmental uses;

      (4)   Utility sub-stations with screening;

      (5)   Schools;

      (6)   Day care centers;

      (7)   Home occupations consistent with § 154.65(C);

      (8)   Clinics;

      (9)   Nursing homes, sanitariums and shelter care homes provided that no penal or correctional inmates are housed therein; and

      (10)   Offices of civic, religious or charitable institutions; financial or insurance companies; physicians, dentists, architects, engineers, attorneys, real estate or allied professions provided that:

         (a)   Applicant can demonstrate adequate off-street parking facilities;

         (b)   Selling of merchandise will not occur on the premises; and

         (c)   Structures originally constructed to serve as residences remain unaltered.

   (C)   Accessory uses. The permitted accessory uses are those permitted in the R-1 District.

   (D)   Area, height, setbacks and yard regulations.

      (1)   Minimum lot area: 5,500 square feet or 3,000 square feet per family in a multiple-family structure.

      (2)   Permitted height of main building: 25 feet.

      (3)   Minimum yards and setbacks:

         (a)   Front: 20 feet;

         (b)   Side: five feet; and

         (c)   Rear: 20 feet.

      (4)   Minimum lot width: 60 feet.

(1975 Code, § 32-VI)

   (A)   Permitted uses.

      (1)   Mobile homes located on individual lots.

      (2)   Mobile homes in a mobile home park configuration consisting of a single lot or group of lots not exceeding two acres cumulatively share mobile home densities do not exceed eight units per acre.

      (3)   Principally permitted uses in the R-2 District.

   (B)   Uses requiring special use permits.

      (1)   Mobile home parks where mobile home densities exceed eight units per acre.

      (2)   Governmental uses.

      (3)   Home occupations consistent with § 154.65(C).

   (C)   Accessory uses. The permitted accessory uses are those permitted in the R-2 District.

   (D)   Area, height, setback and yard regulations.

      (1)   Minimum lot area: 5,000 square feet or 3,000 square feet per family in multiple-family structure.

      (2)   Permitted height of main building: 25 feet.

      (3)   Minimum yards and setbacks:

         (a)   Front: 20 feet;

         (b)   Side: five feet; and

         (c)   Rear: 20 feet.

   (E)   Mobile home regulations.

      (1)   Mobile homes on individual lots.

         (a)   Not more than one mobile home shall be placed on any individual lot, nor shall any mobile home be placed on any individual lot wherein another principal building exists.

         (b)   Anchors capable of withstanding a vertical tension force of 4,800 pounds shall be installed at the corners of every mobile home support slab or as otherwise necessary for protection against high winds. Every mobile home shall be tied down to such anchors.

         (c)   Every mobile home shall be skirted with a resistant material vinyl, aluminum or other related material manufactured specifically for the purpose of serving as mobile home skirting.

         (d)   Mobile homes shall comply with anchor and skirting requirements within 45 days of set-up.

      (2)   Mobile home parks.

         (a)   Mobile home parks shall not be developed on a lot or any combination of lots which are adjacent or about each other when the cumulative land area exceeds two acres. A mobile home park minimally involves one acre.

         (b)   A coin-operated Laundromat which is solely intended to serve the mobile home park may be permitted within the confines if applied for at the time the special use permit is requested.

         (c)   Regulations stated in division (E)(1) above are also applicable in mobile home parks.

(1975 Code, § 32-VII)

   (A)   Permitted uses.

      (1)   Generally all retailing, wholesale and public and private professional services provided within the confines of an office type environment;

      (2)   Second floor residences so long as the first floor activities fit all other applicable regulations set forth in this subchapter and that at least one private parking stall is provided per residence;

      (3)   Clinics;

      (4)   Clubs and lodges;

      (5)   Commercial establishments;

      (6)   Offices;

      (7)   Service establishments;

      (8)   Governmental services;

      (9)   Accessory uses as permitted in § 154.31; and

      (10)   Churches.

   (B)   Uses requiring special use permits.

      (1)   Automobile dismantling (junk yards);

      (2)   Utility sub-stations;

      (3)   Automobile banking facilities;

      (4)   Commercial establishments with drive-through accommodations;

      (5)   Taverns, bars or other establishments that serve alcoholic beverages on the premises;

      (6)   Multiple-family dwelling;

      (7)   Combined retail or wholesale and manufacturing operators where the manufacturing portion of the use is incidental to the principal use and involves not more than five persons employed in the manufacturing activity;

      (8)   Drive-in theaters; and

      (9)   Coin-operated amusement centers or establishments where coin-operated game machines occupy more than 15% of the floor area of the building.

   (C)   Area, height, setback and yard regulations.

      (1)   Minimum lot area: none.

      (2)   Permitted height of main building: 50 feet.

      (3)   Minimum yards and setbacks:

         (a)   Front: none when lot front abuts local street and 30 feet when lot front abuts state highway;

         (b)   Side: None except when lot abuts residential district, then ten feet is required; and

         (c)   Rear: none, except when lot abuts residential district, then ten feet is required.

      (4)   Minimum lot width: 30 feet.

(1975 Code, § 32-VIII)

   (A)   Permitted uses.

      (1)   Restaurants;

      (2)   Motels; and

      (3)   Gasoline service stations.

   (B)   Uses requiring special permits. All permitted and special uses listed in § 154.49.

   (C)   Area, height, setback and yard regulations.

      (1)   Minimum lot area: 10,000 square feet.

      (2)   Permitted height of main building: 50 feet.

      (3)   Minimum yards and setbacks:

         (a)   Front: 100 feet from centerline of abutting street.

         (b)   Side: none, except when lot abuts residential district, then ten feet is required.

         (c)   Rear: none, except when lot abuts residential district, then ten feet is required.

      (4)   Minimum lot width: 75 feet.

(1975 Code, § 32-IX)

   (A)   Permitted uses.

      (1)   Assembly, manufacturing or processing of any commodity from semifinished materials provided explosives, flammable gases or liquids, or live animals are not involved;

      (2)   Governmental uses;

      (3)   Research and development facilities not involving explosives or flammable gases or liquids;

      (4)   Service stations;

      (5)   Transportation facilities; and

      (6)   Warehousing or wholesaling of goods except explosives, flammable gases or liquids, or live animals.

   (B)   Uses requiring special use permits.

      (1)   Assembly, manufacturing, processing, warehousing or wholesaling involving explosives, flammable gases or liquids, or live animals.

      (2)   Automobile dismantling, but only in accordance with the following conditions:

         (a)   No part of any automobile dismantling operation, which includes any lot on which three or more inseparable vehicles are stored shall be located closer than 500 feet to the boundary of any residential district; and

         (b)   All vehicles, parts and equipment shall be stored within a completely enclosed structure or within an area screened by a wall or solid fence at least ten feet high or of a sufficient height greater than ten feet to block the view from adjacent property.

      (3)   Research and development facilities involving explosives, or flammable gases or liquids.

   (C)   Area, height, setback and yard regulations.

      (1)   Minimum lot area: 10,000 square feet.

      (2)   Permitted height of main building: 60 feet.

      (3)   Minimum yards and setbacks:

         (a)   Front: 10% of the lot width or depth or whichever is greater;

         (b)   Side: none, except ten feet when adjacent to any residential districts; and

         (c)   Rear: none, except ten feet when adjacent to any residential districts.

      (4)   Minimum lot width: none, except, as provided in § 154.27.

   (D)   Nuisance restrictions. No production, processing, cleaning, servicing, testing, repair, sale or storage of goods materials, or equipment shall unreasonably interfere with the use, occupancy or enjoyment of neighboring properties or the community as a whole. Unreasonable interferences include, but are not limited to, excessive traffic congestion, loud or shrill noises, excessive emission of smoke, emission of toxic gases, excessive glare and noxious odors. All production, processing, cleaning, servicing, testing, repair or storage activities shall be conducted entirely within enclosed buildings.

(1975 Code, § 32-X)

   (A)   Applicability of section. This section establishes lot and structure requirements, design standards and use limitations for specific, potentially troublesome, structures and uses. These regulations apply to every zoning district where the specified structure or use is permitted or allowed by special use permit; but if more stringent regulations are applicable in any particular district, such regulations shall prevail.

   (B)   Fences, walls.

      (1)   Barbed wire, electrical fences.

         (a)   In connection with agricultural uses, barbed wire and electrically charged fences are permitted.

         (b)   In connection with nonagricultural uses, barbed wire and electrically charged fences may be allowed by special use permit after a public hearing.

      (2)   No fence, wall or other obstruction shall be erected within any public right-of-way, except by written permission of the Administrator.

      (3)   No fence, wall or other obstruction shall be erected in violation of the Illinois Drainage Code (70 ILCS 605).

      (4)   Every fence, wall or other obstruction shall conform to the special height restrictions applicable in areas near intersections (see § 154.30(B)).

   (C)   Home occupations.

      (1)   A HOME OCCUPATION means any business, profession or occupation conducted for gain or support entirely within any dwelling or on any residential premises.

      (2)   Within this municipality, every home occupation shall be considered a special use.

      (3)   No home occupation shall be established or conducted except in conformity with the following regulations.

         (a)   Unrelated employees. A home occupation shall employ no more than one individual who is unrelated to the family residing on the premises.

         (b)   Floor space. The total area used of a home occupation conducted in a dwelling shall not exceed 25% of the gross floor area of said dwelling, or 300 square feet, whichever is less.

         (c)   Dwelling alterations. In any residential district, a dwelling shall not be altered to accommodate a home occupation in such a way as to materially change the residential character of the building.

         (d)   Outdoor storage. Outdoor (unenclosed) storage on the premises of equipment or materials used in connection with a home occupation is prohibited.

         (e)   Nuisances. A home occupation shall not generate any offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference noticeable at or beyond the lot lines.

         (f)   Parking. See § 154.66.

         (g)   Signs. A home occupation shall display only one identification/advertising sign. The area of said sign shall not exceed six square feet.

   (D)   Kennels.

      (1)   The lot on which any kennel is situated shall have a minimum area of three acres.

      (2)   Every kennel shall be located at least 50 feet from a habitable dwelling on the same lot, at least 200 feet from the nearest dwelling on an adjacent lot, and at least 100 feet from any lot line.

      (3)   The design of the kennel will be approved by the City Council as part of the special use permit process.

      (1)   A pet boarding facility shall be permitted in general commercial (C-1) zoning districts only as an accessory use to a permitted primary pet-oriented use.

      (2)   All pet boarding facilities shall:

         (a)   Be established only in conjunction with another pet-oriented use, including a veterinary clinic, grooming parlor, pet oriented retail shop or a pet daycare facility.

         (b)   Board all animals within a fully enclosed structure designed to limit noise and odor.

         (c)   Provide boarding for no more than one animal per ten square feet of indoor boarding area and not exceed ten boarded animals at a time.

         (d)   Have the design of the facility approved by the City Council as part of the special use permit process.

      (3)   A per boarding facility may include an attached outdoor exercise yard for animal exercise or animal recreation so long as such yard complies with the following:

         (a)   Be located at least 200 feet from any residential zone category, unless a conditional use permit is granted upon a demonstration that a lesser separation will not adversely affect the surrounding properties.

         (b)   Be fully enclosed by a masonry wall, wooden or a vinyl fence at least six feet in height.

         (c)   No animal shall be permitted in such yard between the hours of 9:00 p.m. and 7:00 a.m. unless accompanied by a trainer or handler.

         (d)   No animal shall be kept in the yard for more than 12 hours per day.

         (e)   Yard waste, including solid excrement shall be removed daily.

      (4)   Any person, firm or corporation violating any provision of this section shall be fined no more than $750 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(1975 Code, § 32-XI) (Ord. 16-01, passed 4-6-2016)

   (A)   Applicability of section.

      (1)   Off-street parking and loading shall be provided in accordance with this section for all structures and uses erected or established after the effective date of this chapter.

      (2)   Existing parking/loading facilities.

         (a)   Existing off-street parking or loading facilities located on the same lot as the use served shall not be reduced, or further reduced, below the requirements and standards for similar new structures or uses per this chapter.

         (b)   When an existing structure or use is damaged or destroyed and subsequently repaired or rebuilt, parking/loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored, but additional parking/loading facilities need not be provided.

         (c)   Whenever the use of any structure or premises is intensified through the addition of dwelling units, increased floor area, greater seating capacity and the like, additional parking and loading facilities commensurate with such increases in use/intensity shall be provided.

         (d)   Whenever the existing use of a structure is changed to a different use, parking or loading facilities shall be provided as required herein for such new use.

   (B)   Parking lot standards.

      (1)   Spaces. Each required off-street parking space shall be at least ten feet wide and 20 feet long, and shall have at least seven feet of vertical clearance. Every space shall be situated so that no part of any parked vehicle overhangs the public right-of-way.

      (2)   Interior aisles. Aisles within parking lots shall be sufficiently wide to permit safe and efficient vehicular movement in the aisles, and into and out of the parking spaces. Aisles designated for two-way traffic shall be at least 22 feet wide. One-way aisles designated for 60-degree parking shall be at least 18 feet wide.

      (3)   Access ways.

         (a)   Parking lots shall be designed so that ingress to or egress from a parking space is from an aisle or driveway, not directly from the public right-of-way.

         (b)   No access way to any parking lot shall be located within 30 feet of any corner formed by the intersection of the rights-of-way of two or more streets. At intersections where traffic-control devices are installed the Administrator may increase this requirement as necessary to prevent hazards.

         (c)   Parking area access ways and public streets shall be aligned to form, as closely as feasible, right angles.

         (d)   The access way to every parking lot containing 16 or more parking spaces shall be at least 24 feet wide unless two one-way drives, each 12 feet wide, are provided. The access way to any parking lot containing fewer than 16 parking spaces shall be at least 18 feet wide.

      (4)   Surfacing. Parking lots shall be graded and improved with a compacted stone base at least four inches thick. A permanent all-weather surface is recommended. The City Council will permit the City Engineer to recommend surface materials and make appropriate surface drainage recommendations upon request.

   (C)   Location of off-street parking.

      (1)   For dwellings. Parking spaces accessory to dwellings shall be located on the same lot as the dwelling. Such parking spaces shall not be located in any front yard except in the driveway, but may be located in the side or rear yards. Each parking space accessory to a multiple-family dwelling shall be constructed so that no vehicle need to be moved in order to allow another vehicle to enter/exit the parking area.

      (2)   For commercial/industrial uses. In the Commercial or Industrial Districts, off-street parking facilities for different buildings or uses may be provided collectively; but only if the total number of spaces located together is not less than the sum of the separate requirements for each use (see division (E) below).

   (D)   Computation of required parking spaces. In computing the number of parking spaces required by this chapter, the Administrator shall apply the following rules.

      (1)   In computing parking space requirements based on the number of employees, the maximum number of employees on the premises at any period of the day shall be used. EMPLOYEE PARKING means one parking space shall be required per one and one-half employees, unless otherwise stated.

      (2)   In computing parking space requirements on the basis of building floor area, the gross floor area shall be used.

      (3)   Whenever it is necessary to translate gross parking lot area into number of parking spaces, 350 square feet of gross area shall be deemed one parking space.

      (4)   If computation of the number of parking spaces required by this chapter results in a fractional space, any fraction of one-half or more shall be counted as one space.

      (5)   No space or portion of thereof needed to satisfy the minimum applicable requirement for number of off-street parking spaces shall be counted as part of the off-street parking spaces required for another structure or use.

   (E)   Design and location of off-street loading facilities. If provided, all off-street facilities shall conform to the minimum standards indicated below.

      (1)   Size of space. Every off-street loading space shall be at least 12 feet wide and sufficiently long to accommodate the type of vehicle expected to use the space. In no case shall a vehicle being loaded or unloaded overhang into the public right-of-way.

      (2)   Access way. Every off-street loading space shall have a safe means of vehicular access to a street or alley. Such access way shall be at least 12 feet wide.

      (3)   Surfacing. Every off-street loading area shall be improved with a compacted stone base at least seven inches thick.

   (F)   Number of parking spaces required. Off-street parking spaces shall be provided as indicated in the table below. For any use that is not listed in the table, the same number of parking spaces shall be provided as is required for the most similar listed use. The Administrator shall make the determination of similarity.

 

(1975 Code, § 32-XII)

   (A)   Purpose of section. The requirements imposed by this chapter are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various districts. Lots, structures and uses of land or structures that do not conform to the requirements of the district in which they are located tend to impede appropriate development. For example, nonconformities are frequently responsible for heavy traffic on residential streets, the overtaxing of parking facilities, the creation of nuisances and/or the lowering of property values. The regulations of this section are intended to alleviate such existing/potential problems by encouraging the gradual elimination of nonconformities.

   (B)   Nonconforming lots.

      (1)   Any vacant lot that does not conform to one or more of the lot size (area, dimensions) requirements of the district in which it is located may, nonetheless, be developed for any use permitted in that district if such vacant lot:

         (a)   Was recorded in the County Recorder of Deeds Office prior to the enactment of this chapter (or pertinent amendment thereto); and

         (b)   Is at least 30 feet wide.

      (2)   Two or more lots in common ownership: if two or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the effective date of this chapter, and if one or more of those lots does not meet the minimum lot width, depth or area requirements of the district in which it is located, the land involved shall be considered an undivided parcel. No portion of any such parcel shall be developed except in compliance with this chapter, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this chapter.

   (C)   Nonconforming structures. Any otherwise lawful structure which exists on the effective date of this chapter but which could not be erected under the terms of this chapter because of requirements/restrictions concerning lot size, height, setbacks or other characteristics of the structure or its location on the lot may lawfully remain, subject to the following provisions.

      (1)   Maintenance. A nonconforming structure may be maintained by ordinary repairs.

      (2)   Enlargement, alterations. A nonconforming structure may be enlarged and/or altered, provided that:

         (a)   Such enlargement and/or alteration is confined within the lot lines of the property in question as such lot lines existed on the effective date of this chapter; and

         (b)   Such enlargement and/or alteration does not increase or worsen the nonconforming characteristics of the structure.

      (3)   Reconstruction.

         (a)   A nonconforming structure that is damaged or destroyed may be rebuilt, provided that:

            1.   Reconstruction commences within one year from the date of damage/destruction and is diligently pursued to completion; and

            2.   The structure, when reconstructed, will not be more nonconforming than it had been.

         (b)   If reconstruction does not commence within one year or is not diligently pursued to completion (as determined by the Administrator), the damaged structure shall be considered abandoned, in which case reconstruction shall be allowed only if the structure will be rebuilt in conformity with the provisions of this chapter which are applicable to new structures.

      (4)   Relocation. A nonconforming structure shall not be moved to another lot unless, after relocation. It will conform to all the regulations of the district where it will be situated.

   (D)   Nonconforming uses. Any otherwise lawful use existing on the effective date of this chapter that would not be permitted under the terms of this chapter may lawfully continue, subject to the following provisions.

      (1)   Expansion/intensification. A nonconforming use which does not occupy a structure (such as a nursery) may be expanded/intensified, but only within the confines of the lot lines as such lines existed on the effective date of this chapter. A nonconforming use which occupies a structure may be expanded or intensified, but only within that structure and/or within any conforming addition to said structure. (For rules concerning expansion of nonconforming structures, see division (C)(2) above).

      (2)   Reestablishment. A nonconforming use which is destroyed or damaged may be reestablished; however, if the owner of said damaged/destroyed use proposes to expand, relocate or change it, then the other pertinent divisions of this section shall control. Moreover, if no significant steps have been taken to reestablish the use within one year from the date the damage occurred, then the use shall be considered abandoned and subject to the provisions of division (D)(5) below.

      (3)   Relocation. A nonconforming use shall not be moved, in whole or in part, unless, upon relocation, it will conform to all pertinent regulations of the district in which it will be relocated.

      (4)   Change of use . A nonconforming use may continue, but shall not be changed except to a use that is permitted under the applicable district regulations.

      (5)   Discontinuance. When a nonconforming use is discontinued for a period of 12 consecutive months, It shall not thereafter be resumed. Any subsequent use shall conform to the uses permitted In the applicable zone district.

   (E)   Nonconformities under permit authority. The regulations of this chapter shall not affect the terms of any permit issued prior to the effective date of this chapter or any pertinent amendment thereto provided that the work authorized by such permit is completed within a ...[missing material]...

(1975 Code, § 32-XIII)

   (A)   Board of Appeals. The city’s Zoning Board of Appeals is hereby established in accordance with state law (see 65 ILCS 5/11-13-3).

      (2)   Term of office, vacancies. Each Board member shall hold office for five years from the date of his or her appointment, and until his or her successor has been selected and qualified; provided, however, that the initial appointees to the Board shall serve respectively for the following terms: one for one year, one for two years, one for three years, one for four years, one for five years, one for six years and one for seven years. With the advice and consent of the City Council, the Mayor may remove any member on the Board of Appeals for cause, after a public hearing. Vacancies on the Board shall be filled for the unexpired terms of the member whose place has become vacant in the same manner as provided for the appointment of new members.

      (3)   Meetings, quorum. All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such time as the Board may determine. All board meetings shall be open to the public. The Board may adopt their own rules of meeting procedures consistent with this chapter and the applicable state statutes. The Board may select such officers as it deems necessary. The Chairperson, or in his or her absence an Acting Chairman, may administer paths and compel the attendance of witnesses. Four members of the Board shall constitute a quorum, and the affirmative vote of at least four members shall be necessary to authorize any Board action.

      (4)   Records. The Board shall keep minutes of its proceedings and examinations. These minutes shall indicate the presence or absence of members, the vote, including abstentions, of each member on each question, and any official action taken. A copy of every rule, variance, order or decision of the Board shall be filed with the City Clerk and shall be of public record.

   (B)   Special use permits. This chapter divides the city into various districts, and permits in each district as a matter of right only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation, and other factors. Such “special uses” require careful case-by-case review and may be allowed only by permission of the City Council.

      (1)   Application. Every applicant for a special use permit shall submit to the Administrator, in narrative and/or graphic form, the items of information enumerated below. The Administrator shall prepare an advisory report on every request for a special use permit. He or she shall promptly transmit the completed application and his or her advisory report to the Board of Appeals. A filing fee is required and is presented on the schedule of fees which may be amended from time to time by the City Council. Application forms will be made available by the City Clerk. Items of information:

         (a)   Name and address of the applicant;

         (b)   Name and address of the owner or operator of the proposed structure or use, if different from division (B)(1)(a) above;

         (c)   Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees and similar matters;

         (d)   Location of the proposed use or structure, and its relationship to existing adjacent uses or structures;

         (e)   Area and dimensions of the site for the proposed structure or uses;

         (f)   Existing topography of the site (USGS ten-foot contour data is acceptable), and proposed finished grade;

         (g)   Height and setbacks of the proposed structure;

         (h)   Number and size of proposed dwelling units, if any;

         (i)   Location and number of proposed parking/loading spaces and access ways;

         (j)   Identification and location of all existing or proposed utilities, whether public or private; and/or

         (k)   Any other pertinent information that the Administrator may require.

      (2)   Public hearing, notice. The Board of Appeals shall hold a public hearing on every special use permit application within a reasonable time after said application is submitted to them. The applicant for a special use permit shall provide a list of names and addresses of the parties whose property abuts the proposed special use. The Chairperson of the Board of Appeals shall have the responsibility of scheduling the public hearings and sending out notices to that effect. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of hearing, and the nature of the proposed special use shall be given not more than 30 nor less than 15 days before the hearing;

         (a)   By first class mail to the applicant and to all parties whose property abuts the proposed special use; and

         (b)   By publication in a newspaper of general circulation within the city.

      (3)   Advisory report, factors considered. Within a reasonable time after the public hearing, the Zoning Board of Appeals shall submit their advisory report to the Council. In deciding what its advice should be, the Board of Appeals shall consider the following factors:

         (a)   Whether the proposed design, location and manner of operation of the proposed special use will adequately protect the public health, safety and welfare, and the physical environment;

         (b)   The effect the proposed special use would have on the value of neighboring property and on the city’s overall tax base;

         (c)   The effect the proposed special use would have on public utilities and on traffic circulation on nearby streets; and

         (d)   Whether there are any facilities near the proposed special use (such as schools or hospitals) that require special protection.

      (4)   Action by Council. The Council shall act on every request for special use permits at their regularly scheduled meeting following submission of the Board of Appeals’ advisory report. Without further public hearing, the Council may grant a special use permit by simple majority vote of all members then holding office. In a separate statement accompanying the permit, the Council shall state their findings of fact, and indicate their reasons for approving (with or without conditions) or denying the request for a special use permit.

      (5)   Duration. A special use permit may be issued for a period up to eight years and may be extended by the same process for subsequent ten-year periods.

   (C)   Temporary use permits. Requests for temporary use permits shall be treated in substantially the same manner as requests for special use permits. The Council shall not initially issue any temporary use permit for a period longer than one year, but they may renew any such permit as it sees fit.

   (D)   Amendments.

      (1)   Amendments. The Council may amend this chapter in accordance with state law (65 ILCS 5/11-13-14) and the provisions of this section. Proposed alterations of district boundaries or proposed changes in the status of uses (permitted, special, prohibited) shall be deemed proposed amendments. Amendments may be proposed by the Council, Administrator, the Board of Appeals or any party in interest.

      (2)   Filing. Every proposal to amend this chapter shall be filed with the Administrator on a prescribed form. (Every amendment proposal shall also be filed with the Soil and Water Conservation District as per 70 ILCS 405/22.02a) The Administrator shall promptly transmit said proposal together with any comments or recommendations he may wish to make, to the Board of Appeals who will conduct a public hearing. A filing fee is required.

      (3)   Public hearing, notice. The Zoning Board of Appeals shall hold a public hearing on every amendment proposal within a reasonable time after said proposal has been submitted to them. At the hearing, any interested party may appear and testify, either in person or duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and the nature of the proposed amendment shall be given not more than 30 nor less than 15 days before the hearing:

         (a)   By publication in a newspaper of general circulation within the city; and

         (b)   When the amendment involves a rezoning, not a text amendment; by first class mail to all parties whose property abuts the property(ies) for which rezoning is requested.

      (4)   Advisory report, findings of fact. Within a reasonable time after the public hearing, the Board of Appeals shall submit its advisory report to the Council. The report shall state the Board of Appeals recommendations regarding adoption of the proposed amendment, and their reasons therefor. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the Board of Appeals shall include in its advisory report findings of fact concerning each of the following matters:

         (a)   Existing use(s) and zoning of the property in question;

         (b)   Existing use(s) and zoning of other lots in the vicinity of the property in question;

         (c)   Suitability of the property in question for uses already permitted under existing regulations;

         (d)   Suitability of the property in question for the proposed use; and

         (e)   The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since the property was initially zoned or last rezoned.

      (5)   Action by Council. The Council shall act on every proposed amendment at their next regularly scheduled meeting following submission of the Board of Appeals’ Advisory Report. Without further public hearing the Council may pass any proposed amendment or may refer it back to the Board of Appeals for further consideration by simple majority vote of all the members then holding office.

      (6)   Exception. The favorable vote of at least two-thirds of all the members of the Council is required to pass an amendment to this chapter when the proposed amendment is opposed, in writing, by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered (65 ILCS 5/11-13-14).

   (E)   Appeals. Any person aggrieved by any decision or order of the Administrator in any matter related to the interpretation or enforcement of any provision of this chapter may appeal to the Board of Appeals. Every such appeal shall be made and treated in accordance with state law (65 ILCS 5/11-13-14) and the provisions of this section.

      (1)   Filing, record transmittal. Every appeal shall be made within 45 days of the matter complained of by filing with the Administrator and the Board of Appeals a written notice specifying the grounds for appeal. (Every appeal shall also be filed with the Soil and Water District as per state law (70 ILCS 405/22.02a). Not more than five working days after the notice of appeal has been filed, the Administrator shall transmit to the Board of Appeals all records pertinent to the case. A filing fee is required.

      (2)   Stay of further proceedings. An appeal stays all further action on the matter being appealed unless the Administrator certifies to the Board of Appeals, after the notice of appeal has been filed with him or her, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the Board of Appeals or the Circuit Court grants a restraining order for due cause, and so notifies the Administrator.

      (3)   Public hearing, notice. The Board of Appeals shall hold a public hearing on every appeal within a reasonable time after the filing of the appeal. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and briefly describing the issue to be decided shall be given not more than 30 nor less than 15 days before the hearing:

         (a)   By first class mail to the applicant and to all parties whose property abuts the property affected by the appeal; and

         (b)   By publication in a newspaper of general circulation within the city.

      (4)   Advisory report, decision by Council. Within a reasonable time after the public hearing, the Board of Appeals shall submit an advisory report to the Council. The Council shall make the final decision on the appeal at its next regularly scheduled meeting following submission of said report. The Council, by an ordinance passed by simple majority vote of all members then holding office, may reverse or affirm, wholly or partly, or may modify or amend the decision or order appealed from to the extent and in the manner that they deem appropriate.

   (F)   Variances. A variance is a relaxation of the requirements of this chapter that is applicable to a particular lot, structure or use. A so-called “use variance” (which would allow a use that is neither permitted nor special in the district in question) is not a variance; it is an amendment, and may be granted only as provided for in division (D) above.

      (1)   Application. Every application for a variance shall be filed with the Administrator on a prescribed form. (Every variance application shall also be filed with the Soil and Water Conservation District as per state law (70 ILCS 405/22.02a). The Administrator shall promptly transmit said application, together with any advice he or she might wish to offer, to the Board of Appeals. The application shall contain sufficient information to allow the Board to make an informed decision, and shall include, at a minimum, the following:

         (a)   Name and address of the applicant;

         (b)   Brief description/explanation of the requested variance;

         (c)   Location of the structure/use for which the variance is sought;

         (d)   Relationship of said structure/use to existing structures/uses on adjacent lots;

         (e)   Specific section(s) of this chapter containing the regulations which, if strictly applied, would cause a serious problem; and

         (f)   Any other pertinent information that the Administrator may require. A filing fee is required.

      (2)   Public hearing, notice. The Board of Appeals shall hold a public hearing on each variance request within a reasonable time after the variance application is submitted to them. At the hearing, any interested party may appear and testify either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and nature of the proposed variance shall be given not more than 30, nor less than 15 days before the hearing:

         (a)   By first class mail to the applicant and to all parties whose property abuts the property for which the variance is requested; and

         (b)   By publication in a newspaper of general circulation within the city.

      (3)   Standards for variance. The Board of Appeals shall not recommend nor shall the Council grant any variance unless, based upon the evidence presented to it, it determines that:

         (a)   The proposed variance is consistent with the general purposes of this chapter;

         (b)   Strict application of the district requirements would result in great practical difficulties or hardship to the applicant, and prevent a reasonable return on the property;

         (c)   The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardships, and allow a reasonable return on the property;

         (d)   The peculiar circumstances engendering the variance request are not applicable to other property within the district, and therefore, that variance would be more appropriately a remedy than an amendment (rezoning); and

         (e)   The variance, if granted, will not alter the essential character of the area where the premises in question are located.

      (4)   Advisory report, decision by Council. Within a reasonable time after the public hearing, the Board of Appeals shall submit an advisory report to the Council. The Council may grant a variance by simple majority vote of all members then holding office, shall act on the requested variance at its next regularly scheduled meeting following submission of the Board of Appeals’ Advisory Report. In accordance with state law (65 ILCS 5/11-13-14), the Council shall specify the terms of relief granted (if any) in one statement and its findings of fact in another statement. The findings of fact shall clearly indicate the Council’s reasons for granting or denying any requested variance.

(1975 Code, § 32-XIV) (Ord. 18-07, passed 7-18-2018)