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Watseka City Zoning Code

CHAPTER 4

GENERAL ZONING REGULATIONS

12-4-1: CONTIGUOUS LOTS; ONE BUILDING PER LOT:

   A.   When two (2) or more parcels of land, each of which lacks adequate area and dimensions to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use if, together, they have minimum lot area.
   B.   Every building hereafter erected or structurally altered to provide dwelling units shall be located on a zoning lot as herein defined, and in no case shall there be more than one such building on one zoning lot.
(1980 Code § 36-21)

12-4-2: ACCESS TO PUBLIC WAY:

No building shall be constructed or erected upon a lot or parcel of land which does not abut upon a public street or permanent easement of access to a public street of at least twenty five feet (25') in width, unless an easement of lesser width was of record prior to the effective date hereof.
(1980 Code § 36-24)

12-4-3: TRAFFIC VISIBILITY AT INTERSECTIONS:

No wall, fence or shrubbery shall be erected, maintained or planted on any lot which unreasonably obstructs or interferes with traffic visibility on a curve or at any street intersection or at the exit from any private drive or alley.
(1980 Code § 36-25)

12-4-4: USE OF ALLEYS IN DETERMINING YARDS:

In computing the depth of a rear yard or the width of a side yard, where such yard opens onto an alley, one-half (½) of the alley width shall be assumed to be a portion of the yard.
(1980 Code § 36-26)

12-4-5: PERMITTED OBSTRUCTIONS IN OR OVER YARDS:

The following shall be considered as permitted obstructions or uses when located within or over required yards:
   A.   Terraces and patios.
   B.   Awnings and canopies.
   C.   Chimneys, not exceeding two percent (2%) of the width of the yard.
   D.   Steps not over four feet (4') in height.
   E.   Arbors and trellises.
   F.   Fences or walls not over six and one-half feet (61/2') in height (see also sections 11-8-4 and 11-8-5 of this Code).
   G.   Breezeways and open porches.
   H.   Roof overhangs, not to exceed twenty five percent (25%) of the required side yard.
(1980 Code § 36-31)

12-4-6: CANNABIS ORGANIZATIONS:

   A.   All cannabis organizations are prohibited, and no person shall locate, operate, own, suffer, or allow to be operated a cannabis organization within the following zoning districts:
      1.   R-1 Single-Family District;
      2.   R-2 Single-Family District;
      3.   R-3 Duplex or Two-Family District;
      4.   R-4 Multi-Family District;
      5.   RMH Mobile Home Park; and
      6.   P Public Use District.
   B.   Cannabis dispensing organizations shall be permitted as a special use in the B-1 Neighborhood Business District and the B-2 Central Business District, provided the facilities otherwise comply with the provisions of chapter 15 of this title.
   C.   Adult-use cannabis craft growers, adult-use cannabis cultivation centers, adult-use cannabis dispensing organizations, medical cannabis cultivation centers, and medical cannabis dispensing organizations shall be permitted as a special use in the M-1 Manufacturing District and the M-2 Manufacturing District, provided the facilities otherwise comply with the provisions of chapter 15 of this title.
   D.   Cannabis organizations shall be permitted as a special use in the M-2 Manufacturing District, provided the facilities otherwise comply with the provisions of chapter 15 of this title.
   E.   It shall be unlawful to locate or operate a cannabis organization except when on/adjacent to Jefferson Street or Walnut Avenue, also known as Main Street.
   F.   It shall be unlawful to locate or operate a cannabis organization within one mile of another cannabis organization.
   G.   It shall be unlawful to engage in any activity authorized to be conducted by or in a cannabis industrial organization by or in a cannabis dispensing organization.
   H.   No other cannabis organization, of any type, shall be allowed, and no person shall locate, operate, own, suffer, or allow to be operated a cannabis organization within any zoning district unless specifically authorized in accordance with the provisions of this title.
   I.   The operation of any cannabis organization in violation of the provisions of this title is hereby declared a public nuisance and may be abated by all available remedies afforded under the law.
(Ord. 2553, 11-26-2019)

12-4-7: ACCESSORY BUILDINGS:

   A.   Not more than one (1) accessory building shall be permitted on a lot; provided, however, on a residentially zoned lot having only a detached garage (no garage attached to the principal building) there shall be permitted two accessory buildings inclusive of the detached garage.
   B.   (b)   No part of an accessory building shall be located: (i) in front of the principal building; (ii) within two (2') feet of the rear lot line; (iii) within two (2') feet of an interior side yard lot line; or (iv) where any principal building would be prohibited within an exterior side yard lot line (i.e., side yard abutting a street on a corner lot).
   C.   No accessory building shall be erected, maintained, or allowed on a lot without or in the absence of a principal building thereon; provided, however, an accessory building may be allowed to temporarily remain on a lot after the demolition of the principal building under the following circumstances: (i) the owner of the lot owns an adjacent lot, he/she intends to consolidate the lots by plat of subdivision and such consolidation would not cause a violation of subsection (a) hereof, and said consolidation is completed within six (6) months after the demolition; or (ii) if the owner of the lot submits a statement to the Building Official, as a part of the demolition permit process, of his/her intent to construct a principal building on that lot within one (1) year of the demolition, and such construction is commenced and diligently prosecuted during that time-period, and completed not more than eighteen (18) months after the demolition. In the absence of such intent to consolidate or construct, any accessory building shall be demolished as a part of the demolition of the principal building. Upon a failure to consolidate, or commence, diligently prosecute, or complete the of a new principal building in accordance with the above, the accessory building shall be demolished within sixty (60) days after written notice is received from the Building Official.
   D.   Detached garages shall not exceed the following maximum dimensions: an exterior height of fifteen (15') feet or the height of the principal building, whichever is less; and a total area not to exceed eight hundred eighty (880') square feet.
   E.   Other accessory buildings, including storage sheds, shall not exceed the following maximum dimensions: an exterior height of twelve (12') feet or the height of the principal building, whichever is less; and a total area not to exceed one hundred forty-four (144') square feet.
   F.   Notwithstanding anything herein to the contrary, the total lot coverage for principal and accessory buildings shall exceed the percentage necessary to meet ths minimum open space requirements for a lot in the particular zoning district.
(Ord. 2573, 5-26-2020)

12-4A-1: DEFINITIONS:

As used in this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
CARGO CONTAINER: An article of transport equipment which falls into any of the following categories:
   A.   Designed or constructed for or used to facilitate the packing, shipping, movement, or transportation of freight, articles, goods or commodities by one or more modes of transport; and/or
   B.   Designed to be or capable of being: 1) mounted or moved on a rail car; or 2) mounted on a chassis or bogie for movement by a tractor trailer; or 3) loaded onto a ship; and/or
   C.   A prefabricated metal structure designed for use as an individual shipping container in accordance with international standards or a metal structure designed and built for use as an enclosed truck-trailer in accordance with U.S. Department of Transportation standards.
PERMANENT: A period of time limit that exceeds thirty (30) days on-site without being utilized for transportation purposes.
STACK/STACKING: A method of storing cargo containers or a chassis in a vertical manner where the floor of the container or bed of the chassis remains parallel to the ground.
TEMPORARY: A period of time that does not exceed thirty (30) days on-site while being used for storage purposes.
(Ord. 2355, 9-27-2011)

12-4A-2: PROHIBITED AND PERMITTED LOCATIONS:

   A.   Except as provided herein, cargo containers may not be placed, stored or used on property zoned for residential, business, or manufacturing uses.
   B.   1. Cargo containers may be placed, stored or used for temporary storage on property zoned for residential, business, or manufacturing uses, provided the business has obtained a temporary storage permit from the Building Official and Code Enforcement.
      2.   Cargo containers may not be placed, stored or used on a permanent basis on any property zoned for residential, business, or manufacturing uses.
(Ord. 2355, 9-27-2011)

12-4A-3: STANDARDS AND REGULATIONS:

   A.   Cargo containers shall not be stacked on one another.
   B.   Cargo containers shall not be used for living quarters and shall not be provided with refrigeration, heating, electricity, or plumbing.
   C.   Cargo containers used for temporary storage must be placed to the rear of the property and may not be placed within any designated landscape or flood retention or detention areas.
   D.   No cargo containers may be placed, stored or used on property or any area that is within the floodplain or floodway.
(Ord. 2355, 9-27-2011)

12-4A-4: EXEMPTIONS:

   A.   Contractors may use cargo containers in any zoning district for the storage of equipment and materials during the period of construction at the construction site subject to the following:
      1.   The construction must be properly permitted by the City.
      2.   The container shall be removed from the property no later than seven (7) calendar days after the final inspection and approval of the construction by the City.
      3.   If construction ceases for a period of thirty (30) days or is abandoned, the cargo container shall be removed not later than seven (7) days after notice to remove issued by the City.
   B.   Containers used during moving may be placed on residential zoned property for a maximum of fourteen (14) days.
   C.   Containers may be used for public safety and related purposes by the City. (Ord. 2355, 9-27-2011)

12-4A-5: REMOVAL BY CITY:

   A.   Authority To Remove: Any cargo container(s) placed, stored or used in violation of this article may be removed by the City if the property owner on which the cargo container(s) is located fails to remove the cargo container(s) within fourteen (14) calendar days of notice by the City of a violation and order to remove.
   B.   Notice Of Violation: A notice of violation and order to remove shall be deemed received by the property owner if the notice and order are mailed to the address of the owner as listed in the records of the County Assessor, and a copy of the notice and order are posted on the main entrance door or gate of the property.
   C.   Costs A Lien: The City's cost to remove and dispose of the cargo container shall be a lien against the property.
(Ord. 2355, 9-27-2011)