NON-HOME RULE
Zoning
Ordinance for the
1. Promoting and protecting the public health, safety, comfort, convenience, prosperity and general welfare of the people.
2. Securing adequate light, high quality environment and safety from fire and other dangers.
3. Conserving the taxable value of land and buildings throughout the Village.
1. Organizing the Village into districts regulating and restricting therein the location, construction, reconstruction, alteration and use of buildings,
structures or land, whether for residence, office, business, manufacturing or other specific uses.
B.) 2. Regulating and limiting the height and bulk of buildings and other structures.
3. Establishing, regulating and limiting the building or setback lines along streets, alleys or property lines.
4. Regulating and limiting the intensity of the use of the lot area and determining the area of open spaces within and surrounding such buildings.
5. Providing for certain permitted uses and conditional permitted uses.
6. Regulating the size, type and location of signs.
7. Requiring accessory off-street parking and loading facilities.
8. Defining and limiting the powers and duties of the administrative officers and bodies as provided herein.
9. Providing for the change and amendment of such regulations and boundaries of the respective districts.
10. Provide for the continuance of uses of structures of land which were lawful before the Ordinance was passed or amended, but which could be prohibited, regulated, or restricted under the terms of this Ordinance or future amendments.
11. Prescribing penalties for the violation of the provisions of this Ordinance or of any amendment thereto.
this
Title, the provisions contained herein shall be held to be
minimum
requirements, adopted for the promotion of public
health,
morals, safety and general welfare.
In case of any conflict between this Title, or any part hereof, and the whole or part of any existing or future ordinance of the Village or the whole or part of any existing or future private covenants or deeds, the most restrictive shall, in all cases, apply.
language
set forth in the text of this Ordinance shall be interpreted
in
accordance with the following rules for construction:
A. The singular number includes the plural and the plural, the singular.
B. The present tense includes the past and future tenses and the future, the present.
C. The word “shall” is mandatory, while the word “may” is permissive.
D. The masculine gender includes the feminine and neuter.
E. All measured distances shall be to the nearest integral foot. If a fraction is one-half (1/2) or less, the integral foot next below shall be taken.
F. Whenever a word, phrase or a term defined hereinafter appears in the text of this Ordinance, its meaning shall be construed as set forth in the definition thereof. The word “lot” shall include the words “piece” and “parcel”; the word “building” shall include all other structures of every kind regardless of similarity to buildings and, the phrase “use for” shall include the phrases “arranged for”, “intended for”, “maintained for”, “designed for” and “occupied for”. Synonyms in common usage, of certain words, phrases or terms are shown parenthetically.
Board
of Trustees does hereby go on record adopting the Comprehensive Plan for the
Village. Said Comprehensive Plan will be
used as the basis for updating the zoning and subdivision ordinances of the
Village, and shall be used as a guideline for approving or disapproving actions
affecting growth and development within the jurisdiction of the Village.
whenever
they occur in this Ordinance, shall be interpreted
as herein defined:
ACCESSORY USE A subordinate building or se which is located on the
Or BUILDING same
lot on which the main building or use is
situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.
AGENT A person action on behalf of
another.
AGRICULTURAL
USES Included farming, dairying, pasturage,
agriculture,
horticulture,
floriculture, viticulture and animal and poultry husbandry, and necessary
accessory uses secondary to the normal agricultural activities, but does not
include the feeding of garbage or offal to swine or other animals, and provided
all animal husbandry operations shall comply with all State, Federal, and
Village health and environmental regulations.
ALLEY Any public or private way
dedicated to public travel
of
less than fifty feet (50’) in width, but not less than sixteen feet (16’) in
width.
APARTMENT A room, suite or group of rooms arranged,
designed,
used or intended to be used as a single housekeeping unit, located in a
multiple family building. Complete
kitchen facilities, permanently installed, must always be included for each
housekeeping unit.
AS BUILT PLANS Final plans showing all changes in the proposed
plans,
indicating in detail how the project was constructed.
AUTOMOBILE
REPAIR, Major part replacement, major repair or
rebuilding
MAJOR or reconditioning of engines, motor
vehicles or
trailers;
collision service, including body, frame or fender straightening or repair;
overall painting or paint shop, or vehicle steam cleaning.
AUTOMOBILE
REPAIR, General maintenance and tune-up of a
vehicle,
MINOR replacement of parts and
motor services to
passenger
cars and trucks not exceeding tow (2) tons.
AUTOMOBILE
SERVICE A place where fuel, lubricating oil or grease,
for
STATION operation of automobiles, are offered
for sale
directly
to the public on the premises, and including minor accessories and services for
automobiles, but not including automobile repairs, and including washing of
automobiles where no chain conveyor, blower
or steam-cleaning device is employed. When the dispensing, sale or offering for sale of motor fuels or lubricants is incidental to the conduct of a public garage, the premises shall be classified as a parking garage.
AUTO WRECKING YARDAny place where two (2) or more vehicles not in
running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof; and including any farm, vehicles of farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise. See “Recycling Center”.
BASEMENT A story partly below grade, with at least
one-half
(1/2)
of its height (measured from floor to ceiling) above grade.
BLOCK The distance as measured along a
street between
Intersecting
streets from center line to center line; and where the context requires, it
also means the enclosed area within the perimeter of the streets or property
lines enclosing it.
BOARD Unless otherwise indicated, the
Board of Trustees of the Village.
BOARDING HOUSE A lodging house at which meals are provided. See
“Lodging
Room”.
BUILDING Any structure which:
A.) Is permanently affixed to the land, and
B.) Has one or more floors and a roof.
BUILDING,
DETACHED A building surrounded by open space on the
same
lot.
BUILDING
HEIGHT The vertical distance measured from
the sidewalk
level
or its equivalent established grade opposite the middle of the front of the
building to the highest point of the roof in the case of a flat roof, to the
deck line of a mansard roof, and to the mean height level between eaves and
ridge of a gable, hip or gambrel roof; provided, that where buildings are set
back from the street line, the height of the building may be measured from the
average elevation of the finished lot grade at the front of the building.
BUILDING LINE A line so designed on the preliminary plan, which
delineates
the minimum open space required between the front or side of a structure and
the street right of way.
BUILDING,
PRINCIPAL A nonaccessory
building in which the principal use
of
the lot on which it is located, is conducted.
BULK The term used to indicate the
size, setbacks and
mutual
relationships of buildings or other structures, and includes: A.)
The size and height of building or other
structure,
B.) The gross floor area of building in relation
to
lot
area (floor area ratio),
C.) The amount of lot area provided per dwelling,
D.) The location of buildings or other structures
in
relation
to lot lines or other buildings and
E.) All open areas relating to a building or
other
structure.
BUSINESS Any occupation, employment or enterprise
wherein
merchandise
is exhibited or sold, or which occupies time, attention, labor and materials or
where services are offered for compensation.
CAFE
CARPORT A roofed accessory building or structure
providing
space
for the parking of motor vehicles and containing no more than two (2) enclosing
walls, screens, lattice, or other material.
When attached to a principal building, a carport shall be considered a
part of the principal building and subject to all applicable bulk regulations
for the district in which it is located.
CARRY-OUT An eating establishment where food or
beverages
RESTAURANT are primarily
packaged to be carried away from its
place
of sale and not consumed on the premises.
CELLAR A story with more than one-half (1/2)
of its height
(measured
from floor to ceiling) below grade.
CLINIC,
MEDICAL A building containing the offices
and associated
facilities
of one or more practitioners and allied professional assistants for the purpose
of carrying on their professions and providing medical, dental, psychiatric,
osteopathic, chiropractic, physical therapy, or similar services for
out-patients only. The clinic may include
an accessory medical laboratory.
CLUB OR LODGE A nonprofit association, or group of persons who
PRIVATE are bona fide members paying dues,
which owns,
hires,
or leases a building or portion thereof, the use of such premises being
restricted to members and their guests.
CLUB, NONBUSINESS A nonprofit organization of bona fide members
paying
annual dues, organized for social, educational or recreational purposes.
CODE The Municipal code of
amendments
thereto.
COLLECTOR
STREET
connection
between a major or secondary thoroughfare and several minor streets. The term includes the principal entrance
streets of a residential development and streets for major circulation within
such a development.
COMMERCIAL Any child care facility receiving more than
eight (8)
DAY-CARE
CENTERS children for daytime care during all or
part of a day.
The terms “commercial day-care center” includes facilities commonly
called child care centers, day nurseries, nursery schools and kindergartens.
COMMUNITY
FACILITY A facility which provides a service that is
educational,
spiritual, social or recreational in nature, and which operates primarily for
the benefit and welfare of the residents within the area it is intended to
serve.
COMMUNITY, A community service facility where social,
WELFARE OR, recreational, welfare, health, or child care
exempt,
church, or government agency.
CONSTRUCTION The
performance of all things necessary to build,
rebuild
or improve a road or street. See “Development”.
CONSTRUCTION, An office which is located in a temporary structure
OFFICE,
TEMPORARY at a construction site where consulting,
record
keeping,
clerical work, or other business of a construction contractor are carried on
during the term of construction. See “
CONSTRUCTION
PLANS The drawings prepared in the manner and
containing
the date, documents and information required in this Title.
CONTRACTOR’S An open yard and/or enclosed structure for storage
MAINTENANCE
YARD of construction or contractor’s supplies
and
operational
equipment, but not constituting a junk or salvage yard. May or may not be located on the same zoning
lot as the contractor’s office.
CONTRACTOR’S OFFICEA business office, carrying on operations which
may be physically separate (on another zoning lot) from the contractor’’ yard and/or maintenance yard.
COUNTY The County of Jo Daviess, State of
CUL-DE-SAC A short street having only one outlet for
vehicular
traffic
and having the other end permanently terminated by a turnaround for vehicles.
CURB AND
GUTTER The level of the established curb in
front of a
building
or structure measured at the center of such front. Where no curb level has been established, it
shall be deemed to be the established level of the center line of the street
surface in front of a building or structure, measured at the center line of
each front.
DENSITY The number of living units per acre
allowable
under
the schedule of district regulations.
DISTRICT A section or part of the incorporated or
unincorporated
portion of the Village for which the use regulations are uniform.
DRAINAGE
COURSE A natural watercourse, swale, gully, dry
stream or
ditch
which naturally carries storm water runoff
or which is fed by a street or building gutters or by storm water sewers.
DRIVE See “Street”.
DRIVE-IN An establishment which accommodates
patron’s
ESTABLISHMENT automobiles on the premises, allowing service to
the
patrons in their automobiles.
DRIVE-IN An eating establishment where food or
beverages
RESTAURANT are dispensed and where such food or beverages
May
be generally consumed on the premises within automobiles or vehicles.
DRIVEWAY A private road providing access to a
garage, house
or
other building.
DUPLEX A residence containing only tow (2)
dwelling units.
See
“Two Family Dwelling”.
DWELLING A permanent building used primarily for
human
habitation
but not including facilities for the housing of transient residents nor to
include mobile homes.
DWELLING, A permanent building, separate and free
standing,
SINGLE FAMILY in itself providing living accommodations for one
family.
DWELLING, A permanent building designed exclusively
for
TWO-FAMILY occupancy by two (2) families.
DWELLING, A permanent building or portion
thereof providing
MULTIPLE
FAMILY separate living accommodations for
three (3) or
more
families.
EASEMENT A nonprofitable
interest in land owned by another
that entitles the
Village the right to use land, but only for a limited and specifically named
purpose.
EMPLOYEES Whenever reference is made in this Code to a
Village
employee by title only, this shall be construed as though followed by the words
“of the
FAMILY A family is one or more persons
each related to
one
another by blood, marriage or adoption, or is
a group of not more than five persons not all so related maintaining a common household in a dwelling unit which is not a boarding house, or lodging house as defined in the Section.
FAMILY CARE A facility providing shelter, counseling, and
other
FACILITY rehabilitative services in a
family-like environment
of
six (6) or fewer residents, and not more than two (2) staff or supervisory
personnel, not legally related to the facility operators or supervisors, who by
reason of mental or physical disability, chemical or alcohol dependency, family
or school adjustment problems require a minimum level of supervision, but do
not require medical or nursing care or general supervision, and which is
licensed and/or approved by the State of Illinois, or by a State agency. A family care facility may also include uses such
as foster homes, halfway houses, community residential alternative facilities,
or house individual programs.
FAMILY DAY-CARE Family homes which receive not more
than eight
HOME (8) children for care during the
day.
FEE Fixed charges, levied by the
Village to defray costs
of
administration associated with various provisions of the code.
FENCE An enclosure, barrier, or boundary
made of posts,
boards,
wood, wire, stakes, stone, brick, earth, or rails.
FINAL
PLAT The
final survey and drawing with supporting
material
indicating the subdivider’s plan of the subdivision,
which after Board approval shall be filed with the Jo Daviess County Recorder
of Deeds.
FLOOD A general and temporary condition
of inundation of
normally
dry land areas from the overflow, the unusual and rapid accumulation, or the
runoff of surface waters from any source.
FLOOD-CREST The
maximum instantaneous elevation of the water
ELEVATION surface during the period of a 100-year flood as
established
by the U.S. Federal Management Agency, Federal Insurance Administration.
FLOOD HAZARD AREA Those lands within the jurisdiction of the
Village
SPECIAL or SFHA that are subject to inundation by
the base flood.
The SFHAs of the Village
are general, identified as such on the Flood Insurance Rate Map of the Village
prepared by the Federal Insurance Administration and dated
FLOODWAY That portion of the SFHA required to store and
convey
the base flood. If not prohibited, building
or placing obstructions in the floodway will increase flood damage to other
properties.
FLOOR AREA The
sum of the gross horizontal areas of the several
floors
of a building, measured from the exterior faces of exterior walls or from the
center line of walls separating two (2) buildings. However, the floor area of a building does
not include:
A.) Cellar space,
B.) Elevator shafts or stairwells, accessory
water
tanks,
or cooling towers,
C.) Attic space, whether or not a floor actually
has
been
laid, providing structural headroom of less
than
seven feet 6 inches (7’6”),
D.) Uncovered steps,
E.) Terraces, breezeways, or open porches,
provided
that not more than fifty percent (50%) of
the
perimeter of such terrace, breezeway or open
porch
is enclosed.
F.) Floor space used for accessory off-street loading spaces, up to
two hundred percent (200%)
of the amount required by the applicable
regulations,
and
G.) Floor space used for permitted or required
accessory
off-street parking spaces located at not
more
than twenty three feet (23’) above grade.
FUNERAL HOME A place
where corpses are prepared for visitation,
service,
or burial.
GARAGE, PUBLIC Any building
where automotive vehicles are
painted,
repaired, rebuilt, reconstructed and/or
stored for compensation.
GARBAGE Food waste, refuse, something left as
worthless or
useless.
GAS STATION See
“Service Station”. (Automobile Service
Station).
GRADE “Grade” with reference to a
building or structure, is
the
average elevation of the ground adjoining the building or structure on all
sides. In case walls are parallel to and
within five feet (5’) of a sidewalk, the ground level shall be measured at the
sidewalk.
GRINDER PUMP An
electrical pump used to reduce sewer mass into
sewer
waste and pump said sewer waste through Village sewer lines.
GROUP CARE
FACILITY A facility providing
shelter, counseling, and other
rehabilitative
services in a family-like environment to more than six (6) but less than
fifteen (15) residents, and not more than three (3) staff or supervisory
personnel not legally related to the facility operators or supervisors, who by
reason of mental or physical disability, chemical or alcohol dependency, family
or school adjustment problems require a minimum level of supervision, by do not
require medical or nursing care or general supervision, and which is licensed
and/or approved by the State of Illinois or by a State agency.
GUEST HOUSE Living quarters within a
detached accessory
building
located on the same premises with the main building for use by temporary guests
of the occupants of the premises. Such
quarters shall have no kitchen facilities nor be rented or otherwise used as a
separate building.
HAZARDOUS MATERIAL Any material or substance in any form or quantity
which might be harmful to life, property, or the environment as defined by the Illinois Revised Statutes and applicable regulations.
HOME
OCCUPATION An occupation customarily
carried on in a dwelling
unit
by a member of the occupant’s family, and which meets the criteria contained in
Section
HOTEL A building or part of a
building, with a common
entrance
or entrances, in which dwelling units or
rooming units without kitchen units are used primarily for transient occupancy, or in which other special services are provided in addition to those listed in the definition of apartment hotel. A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms.
HOTEL,
APARTMENT A building or part of a
building, with a common
entrance
or entrances, in which the dwelling units or rooming units are used primarily
for permanent occupancy and may have kitchen units, and in which one or more of
the following special services are provided:
A.) Maid service,
B.) Furnishing or laundering of linen,