Each principal building shall be located at least 25 feet from all property lines or shall meet the zoning district yard setback requirements, whichever is greater.

(Ord. 1070, § 40-4-1, passed 7-20-1998) Penalty, see § 1-1-19

   (A)   For the purpose of minimizing traffic hazards at street intersections by improving visibility for converging vehicles, obstructions between two feet and eight feet above the adjacent top of the curb or street elevation, whichever is higher, shall not be permitted to be planted, placed or erected on any corner lot within the triangular portion of land designated as "restricted area" in Figure 1.

   (B)   Exception: Principal buildings in the B-3, Central Business District are exempt from division (A) above.

(Ord. 1491, passed 9-2-2008)

   Fences, walls or hedges used for any purpose shall in all districts conform to the following:

   (A)   No barbed wire or other such sharp-pointed fence below eight feet in height and no electrically charged fence shall be erected or maintained except in agricultural districts.

   (B)   Fences, walls and hedges may be located along lot lines, provided they are not prohibited hereinabove, and provided the following regulations are met:

      (1)   Fences located in the required front yard setback area shall not be greater than four feet in height.

      (2)   Fences not in the required front yard setback area and on the property line shall not be greater than six feet in height.

      (3)   Easements shall not be obstructed.

   (C)   Fences must be constructed with the posts on the owner’s side of the fence.

   (D)   A fence constructed of chain link material is not allowed forward of the rear face of the house structure, with the exception for pools, splash pads, tennis and pickle ball courts on public property.

   In districts where gasoline service stations are permitted, the establishment of such uses shall be subject to the following requirements:

   (A)   All gasoline pumps, lubrication or similar devices and other service facilities shall be located at least 20 feet from any street right-of-way line.

   (B)   All fuel and oil storage, and all pumps or other such fuel or lubricant dispensing devices shall be located least 20 feet from any side or rear lot line.

   (C)   No access drive shall be within 400 feet of a fire station, school, public library, church, park or playground.

   (D)   All devices for dispensing or selling of milk, ice, cold drinks, and the like shall be located within or immediately adjacent to the principal building.

   (E)   Whenever a gasoline service station has been abandoned, all underground storage tanks shall either be removed or filled with sand or some other acceptable material. A gasoline service station shall be considered abandoned when the owner, tenant, or lessor has not sought to continue the use for a period exceeding 12 months.

(Ord. 1070, § 40-4-4, passed 7-20-1998)

   Urban home occupations shall be considered special uses. The establishment and continuance of an urban home occupation shall be subject to the following requirements:

   (A)   Such use shall be conducted entirely within a dwelling and carried on by not more than two individuals, at least one of whom is the principal occupant.

   (B)   Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character thereof.

   (C)   The total area used for such purposes shall not exceed the equivalent of one-fourth of the floor area, in square feet, of the first floor of the user's dwelling unit, if any, otherwise of the main floor of such dwelling unit; but in any instance a maximum of 300 square feet shall be allowed.

   (D)   There shall be no advertising, display or other indications of a home occupation on the premises except as provided in § 40-4-15.

   (E)   There shall not be conducted on the premises the business of selling from stocks of merchandise, supplies, or products, provided that incidental retail sales may be made in connection with other permitted home occupations.

   (F)   There shall be no exterior storage on the premises of material used in the home occupation, nor of any highly explosive or combustible material.

   (G)   There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

   (H)   A home occupation which includes studios or rooms for instruction, shall provide additional off-street parking area reasonably adequate to accommodate needs created by the home occupation of not less than two parking spaces, plus the space required for the dwelling unit. Such parking shall be provided on the same lot as the home occupation.

   (I)   A home occupation shall not be located in any garage, storage building, or accessory building.

   (J)   A home occupation shall not include the following: clinic, hospital, mortuary, funeral home, nursing home, tea room, tourist home, antique shop, animal hospital, restaurant, veterinarian's office, or use similar to any of the foregoing excluded uses.

   (K)   If the Zoning Board of Appeals determines a home occupation is in violation of any of the requirements of this section, then the Zoning Administrator shall revoke the special use permit.

(Ord. 1070, § 40-4-5, passed 7-20-1998) Penalty, see § 1-1-19

   In any district where nursing homes are permitted, the following requirements shall be met:

   (A)   The minimum site for any nursing home shall be two acres; provided that for a nursing home containing more than 40 beds, the minimum site area shall be the greater of two acres or the number of acres determined by the following formula:

   (B)   All principal buildings shall be located at least 25 feet from all lot lines.

   (C)   The site shall have a minimum length and width dimension of 200 feet.

(Ord. 1070, § 40-4-9, passed 7-20-1998) Penalty, see § 1-1-19

   In any district where tree and plant nurseries and greenhouses are permitted, the establishment of such uses shall be subject to the following requirements:

   (A)   No fertilizer, compost, manure or other odor- or dust-producing substance shall be stored within 50 feet of any property line.

   (B)   In the B and I Districts, greenhouses utilizing light for heating plants shall be in an enclosed building and shall not be less than 50 feet from any property line.

   (C)   The following divisions shall apply for private greenhouses located in agricultural and residential zoned districts:

      (1)   Special use permit required.

      (2)   Lighting used as a heat source is prohibited.

      (3)   Private greenhouses will be considered as an accessory building (see § 40-3-2).

      (4)   Setbacks for private greenhouses shall conform to the same setback requirements in § 40-2-3(A).

(Ord. 1070, § 40-4-10, passed 7-20-1998; Am. Ord. 1864, passed 11-7-2022) Penalty, see § 1-1-19

   In any district where publicly-owned buildings, other than city buildings, are permitted, there shall be no permanent storage of heavy construction or maintenance equipment such as excavating, road building, or hauling equipment, unless in an enclosed building or enclosed within a planting screen, solid wall or fence at least six feet in height. Such storage areas, maintenance yards, or storage warehouses shall be located at least 25 feet from any front or side property line.

(Ord. 1070, § 40-4-11, passed 7-20-1998) Penalty, see § 1-1-19

   Electrical substations, gas regulator stations, telephone exchange facilities or similar facilities in any R Residential, F Floodplain, or A Agricultural District shall be subject to the following regulations:

   (A)   No public office, principal repair or storage facilities shall be maintained in connection with such substations or exchanges.

   (B)   The building housing any such facility shall be designed and constructed to conform to the general character of the neighborhood.

   (C)   The area on which the facility is located shall be landscaped and maintained in conformance with the general character of the surrounding area.

   (D)   Where all facilities and equipment are entirely within a completely enclosed building, the minimum lot shall be as follows: lot width shall not be less than the total width of the building plus the total of the minimum required side yards; lot depth shall not be less than the depth of the building plus the minimum required front yard plus the three-foot minimum rear yard.

   (E)   Where facilities or equipment are located outside the completely enclosed building, such facilities or equipment shall not be located closer than 15 feet to any side or rear lot line.

(Ord. 1070, § 40-4-12, passed 7-20-1998) Penalty, see § 1-1-19

   In any district where a sanitary landfill is permitted, the following additional requirements shall apply:

   (A)   A permit for any landfill operation shall be issued by the Zoning Administrator only after the receipt of all required maps and documents and after a review and favorable formal action by the Planning Commission and Zoning Board of Appeals, instructing the Zoning Administrator to issue the permit.

   (B)   The following documents and maps of the site, at a scale not less than one inch equals 200 feet, shall be filed with the Zoning Administrator, showing:

      (1)   Existing topography of the site at ten-foot contour intervals and spot elevations in places too flat to be adequately defined contours.

      (2)   Present use of the land and all natural features, such as natural watercourses and drainage areas, forested areas, historic sites and the like.

      (3)   Ownership of the subject property and the abutting properties.

      (4)   A plan for the proposed use of the land, indicating the type and location of transportation facilities available and the intended use or loading of these facilities; the type and location of utilities and power facilities to be used; and such other data as is necessary to explain and define the intended operation.

      (5)   A plan for reshaping and final grading and drainage of the land which shall show final contours, at an interval of ten feet or spot elevations in places too flat to be adequately defined by contours.

      (6)   A statement from a qualified soil scientist, geologist, or engineer stating the expected severity of ground water and surface water pollution that will be generated.

   (C)   Whenever waste is covered with soil, to final grade that soil shall be immediately graded and seeded to ensure maximum coverage, to minimize erosion and to prevent the siltation of streams.

   (D)   The plan for the final grading and contouring of the site shall provide that the land can be readily used for urban and/or agricultural purposes after the landfill operation has ceased.

      (1)   All topsoil shall be stored and retained on the site and re-spread during grading of the site.

      (2)   A performance bond, equal to the amount of the assessed valuation of the property for tax purposes, shall be posted with the county to ensure shaping of the topography in conformance with the plan after the operation has ceased or has been abandoned. Failure to continue active operation for a consecutive 12-month period shall be deemed to constitute abandonment.

   (E)   No sanitary landfill shall be carried out within 1,000 linear feet of any R Residential District or any existing residential subdivision.

   (F)   No sanitary landfill operation shall be permitted except by a special use permit.

(Ord. 1070, § 40-4-13, passed 7-20-1998) Penalty, see § 1-1-19

   In any district where private and/or parochial schools are permitted, the following additional requirements shall be met:

   (A)   The site shall have a minimum of four acres and one additional acre for each 150 pupils in excess of 200.

   (B)   Each principal building shall be located at least 25 feet from all property lines.

(Ord. 1070, § 40-4-14, passed 7-20-1998) Penalty, see § 1-1-19

   (A)   No signs shall be installed within the city until a sign permit has been issued by the Zoning Administrator, with the exception of temporary billboards.

   (B)   Sign regulations of this code shall not apply to governmental signs, including traffic signs which are erected and intended for public information, direction, safety or control purposes, and no sign in any district shall conflict in any manner with the clear and obvious appearance of public devices controlling public traffic.

   (C)   The only permitted sign in any zoning district, except as otherwise provided herein, is a sign attached to a building. Said sign shall not project more than two feet from the building, nor more than two feet above the face of the building.

   All billboards hereafter constructed erected, painted, or otherwise established, moved, altered, or changed within the city's limits of jurisdiction shall comply with the following regulations and with § 40-2-3(A), except that repair and/or maintenance of lawful nonconforming signs shall be in accordance with the regulations set forth in Article X.

   (A)   Size. No billboard may be erected which exceeds 100 square feet in area, including border and trim, but excluding ornamental base or apron, supports and other structural members. The length or width of any billboard shall not be greater than 12 feet. Double-faced signs, and back-to-back signs within two feet of each other, and V-type signs shall be considered as one sign.

   (B)   Lighting.

      (1)   No billboard shall have any blinking, flashing, or rotating lights or any other device which attracts attention by visual means through the movement or the semblance of movement, except those giving public service information, such as, without limiting the generality of the foregoing, time, weather, date and temperature.

      (2)   No sign may be erected or maintained which is not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of any interstate or primary highway, or which is of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle.

   (C)   Spacing.

      (1)   No sign shall be located in such manner as to obstruct or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device; or obstruct or physically interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic.

      (2)   No two billboards on the same side of a street or highway shall be erected less than 1,000 feet apart.

   (D)   Location of billboards. Billboards, other than temporary billboard signs, shall be permitted by special use permit in the General Industrial Zoning Districts, provided they are not located in the following areas:

      (1)   Within 100 feet of any property in any Residential District;

      (2)   In the required setback area of any zoning district;

      (3)   Where it would block the view of any on-site advertising sign(s) which advertise the business(es) on the adjacent property(ies).

   (E)   Height. No part of any billboard shall exceed 20 feet in height above the ground level of the traveled way. Any billboard shall not extend more than five feet above the parapet, eaves or building facade of the building to which it is attached.

   (F)   Temporary billboards.

      (1)   Auction/garage sale. Signs commonly regarded as “garage sale” or “yard sale” signs shall be permitted only on private property and shall be restricted to a maximum area of four square feet. The sign shall be dated when posted and must be removed within five days after posting. One auction directional sign measuring not more than four square feet may be placed on private property abutting the nearest high volume traffic street on the day before the auction and the day of the auction only.

      (2)   Political campaign. One sign per office per lot up to 32 square feet on nonresidential property and 16 square feet in residential and agricultural districts may be permitted announcing candidates for public office. (Exception: On corner lots, one sign per office as described above may be placed facing each street.) Such political campaign signs may be exhibited for a period of not more than 30 days prior to the election to which they relate, and must be removed within two days after the election to which they relate.

      (3)   Public interest. Other signs publicizing a charitable or nonprofit event of general public interest may be permitted only on private property, and shall be restricted to a maximum area of four square feet in agricultural and residential-zoned districts and 16 square feet in business or industrial- zoned districts. Such signs shall be permitted for no more than 14 days immediately preceding the event and must be removed within two days after the event.

      (4)   Courthouse Square signs.

         (a)   The following signs and only the following signs are permitted to be placed on the decorative light poles on the Monroe County Courthouse Square property: signs publicizing Springfest, Porta Westfalica Fest, Waterloo Homecoming and Fallfest.

         (b)   Such signs shall be restricted to a maximum area of six square feet.

         (c)   Such signs shall be permitted for no more than 14 days immediately preceding the event, and must be removed within two days after the event.

   (G)   Owner's name. There shall be placed and maintained on the vertical surface of each billboard or outdoor advertising sign the name of the person or company owning, or who is in possessive charge or control of the same, for advertising purposes.

   (H)   Unsafe and unlawful billboards.

      (1)   Whenever a billboard is found to be erected or maintained in violation of any provision of this code or of any other ordinance or law, the Zoning Administrator shall order that such sign be altered, repaired, reconstructed, demolished or removed as may be appropriate to abate such condition. Any work required to be done shall, unless a different time is specified, be completed within ten days of the date of such order.

      (2)   Failure, neglect, or refusal by any person, corporation or otherwise of any of the provisions of this section shall be subject to the penalties defined in § 40-12-3 of this code.

   (I)   (1)   An organization recognized as exempt from taxation by Section 501 of the Internal Revenue Code, hereinafter referred to as “charitable organization”, may place and maintain one directional billboard hereinafter provided if all of the following conditions are met:

         (a)   The charitable organization has conveyed or dedicated to the city land for a public street upon which the billboard is erected or is to be erected;

         (b)   The billboard is erected or to be erected at the intersection of the street for which the land was conveyed or dedicated and another street;

         (c)   The land so conveyed or dedicated is located adjacent to the lot or land on which the activity to which the billboard refers is located;

         (d)   The charitable organization owns the lot on which the activity to which the billboard refers;

         (e)   The billboard complies with site location anal size as fixed for such billboard by the City Council and otherwise complies with city ordinances, except those relating to the location of billboards;

         (f)   The billboard complies with all applicable state and federal regulations;

         (g)   The charitable organization maintains the billboard and the area immediately surrounding the billboard in good condition and repair;

         (h)   The charitable organization obtains approval from the City Council for the location and size of the billboard before placement thereof;

         (i)   The area upon which the billboard is located is not required for paved road surfaces, sidewalks or municipal utility purposes;

         (j)   The charitable organization has entered into an agreement with the city for the location and size of the billboard prior to the conveyance or dedication of the land for street purposes; and

      (2)   If a charitable organization erects a billboard pursuant to this division (I) and thereafter fails to comply with any provisions of this division (I), the city may notify the charitable organization of such compliance failure. If the charitable organization does not cure such compliance failure within 60 days after such notice, the city may remove such billboard at the charitable organization's cost, and upon such removal the charitable organization's right to maintain such a billboard pursuant to this division (I) shall be terminated and of no further force or effect.

   (J)   Hotel, motel, and motor hotel directional billboards.  

      (1)   The owner of a hotel, motel, or motor hotel, hereinafter referred to as the owner, may place and maintain one directional billboard for the hotel, motel, or motor hotel if all of the following conditions are met:

         (a)   The directional billboard is erected on land which: (1) is either owned by the owner or leased to the owner on an annual basis; and (2) is located within 100 feet of an arterial street.

         (b)   The hotel, motel, or motor hotel to which the directional billboard refers is located on a lot: (1) that does not abut an arterial street; and (2) that abuts a street intersecting the arterial street along which the billboard is erected.

         (c)   The billboard complies with site location and size as fixed for such billboard by city ordinances, except those relating to the location of billboards;

         (d)   The billboard complies with all applicable state and federal regulations;

         (e)   The owner maintains the billboard and the area immediately surrounding the billboard in good condition and repair.

      (2)   If an owner erects a billboard pursuant to this division (J) and thereafter fails to comply with any provisions of this division (J), the city may notify the owner of such compliance failure. If the owner does not cure such compliance failure within 60 days after such notice, the city may remove such billboard at the cost of the owner, and upon such removal the permission of the owner to maintain such a billboard pursuant to this division (J) shall be terminated and of no further force or effect.

(Ord. 1070, § 40-4-16, passed 7-20-1998; Am. Ord. 1159, passed 11-6-2000; Am. Ord. 1168, passed 1-2-2001; Am. Ord. 1507, passed 4-6-2009) Penalty, see § 1-1-19

   (A)   A NONCONFORMING SIGN OR BILLBOARD is any sign or billboard which was lawfully erected prior to the date of enactment of this zoning code which does not conform to one or more provisions of this zoning code. All nonconforming signs and billboards shall be exempt from the requirements of this zoning code, provided they are not:

      (1)   Altered or enlarged in such a way as to increase its nonconformity;

      (2)   Replaced by another nonconforming sign or billboard;

      (3)   Relocated, unless it is made to conform with this code; or

      (4)   Subjected to damage in an amount exceeding 50% of their market value.

   (B)   Whenever any of the above identified changes are made to a nonconforming sign or billboard, the sign or billboard must thereafter meet the requirements of this zoning code.

(Ord. 1070, § 40-4-17, passed 7-20-1998)

   No public or private swimming pool in any district shall be located in any required front yard; however, if not more than six feet in height, such use may be located in any required side or rear yard, but not closer than ten feet to a side lot line adjacent to a street, and subject to the provisions of § 40-4-3.

(Ord. 1070, § 40-4-18, passed 7-20-1998) Penalty, see § 1-1-19

   The parking of not more than one unoccupied camp trailer and/or motor home in a side or rear yard or in a completely enclosed garage is hereby permitted, provided that no living quarters or businesses shall be maintained in any such camp trailer and/or utility trailer, and provided further that the parking of any camp trailer and/or utility trailer shall comply with the yard requirements for accessory buildings of the district in which it is located.

(Ord. 1070, § 40-4-19, passed 7-20-1998)

   A travel trailer park shall be permitted in a B-2 District only by special use permit and shall comply with the appropriate subdivision regulations. The plat plan shall include necessary services, such as water supply, community bath houses, sewage disposal, and facilities for campers.

(Ord. 1070, § 40-4-20, passed 7-20-1998)

   A COMMUNITY RESIDENCE is a group home housing eight or fewer adults with a developmental disability who are unable to live independently but are capable of community living if provided with an appropriate level of supervision, assistance and support services. Community residences shall be a permitted use in the R-4 Two-Family Dwelling District, provided they meet the following requirements:

   (A)   All community residences must comply with all State of Illinois laws and regulations.

   (B)   No community residence shall be closer than 1,000 feet to another community residence.

   (C)   All community residences must meet the City Building Code square footage requirements for occupants and all requirements of the city and State of Illinois for fire safety.

(Ord. 1070, § 40-4-21, passed 7-20-1998; Am. Ord. 1189, passed 5-21-2001) Penalty, see § 1-1-19

   No public rights-of-way shall be obstructed.

(Ord. 1070, § 40-4-22, passed 7-20-1998)

   40-4-2 Figure 1