The Schedule of Zone Regulations set by this
Code, within each district shall be minimum regulations and shall
apply uniformly to each class or kind of structure or land, except
as herein provided.
(A)
Uses permitted by zone regulations except as provided for in Section 40-4-1(B), Exceptions to use regulations, no building, structure, or parcel of land shall be used for any purpose other than those permitted in the specific zone in which a building, structure, or parcel of land is located.
(B)
Exceptions to use regulations. The following are the
instances where regulations in the Schedule of Zone Regulations are
superseded:
(3)
Legally nonconforming uses are exempt from the strict interpretation of the general use regulations, but only as long as the nonconformity is not enlarged or expanded, and is operated in accordance with the provisions of Article VII of this Code.
(4)
The type or location of any poles, towers, wires,
cables, conduits, vaults, laterals, or any other similar distributing
equipment of a public utility as defined in An Act Concerning Public
Utilities, enacted by the General Assembly of the State of Illinois,
is exempt from local zoning regulations.
(A)
General lot area regulations. Except as provided herein, any principal use together with all accessory uses shall be located on a lot having a minimum area as shown in the Schedule of Zone Regulations, Article III, Section 40-3-3, Part II.
(1)
No building or structure shall be erected, converted,
enlarged, reconstructed, or structurally altered except in conformity
with the lot area regulations of the district in which the building
or structure is located.
(2)
No building, parking area, or structure shall
be erected, converted, enlarged, reconstructed, or structurally altered
without first obtaining a permit for such constructions.
(3)
No building shall be placed on any lot which
does not front a dedicated public roadway.
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Except as provided in the planned unit development
regulations, not more than one principal single-family building shall
be permitted on a lot. The minimum lot area for townhouse dwellings
and apartment dwellings, and attached dwellings in the R-5 Zone shall
be the sum of the lot area requirements for the second dwelling unit,
plus the lot area requirements for each additional dwelling unit as
shown in the Schedule of Zone Regulations.
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(B)
Exceptions of lot area regulations. The following
are instances where exceptions shall be permitted from lot area regulations.
Except as provided herein each lot shall have
a width at the building setback line at least as wide as that shown
in the Schedule of Zone Regulations for the zone in which the lot
is located.
Exceptions to the lot width regulations are the same as the exceptions for the lot area requirements contained in Section 40-4-2(B), these being variances, modifications as part of planned developments, and legally nonconforming lots.
Except as provided herein, the yard and setback
regulations of this Code shall be considered the minimum regulations
for each and every building established after the effective date of
this Code. All yards and other required open space allocated to a
building by the standards set up in the Schedule of Zone Regulations
shall be located on the same lot as such buildings. The maintenance
of yards, new lot areas, and other open spaces legally required for
a building shall be a continuing obligation of the owner of such building
or users, as long as the structure or use is in evidence. In this
respect, no legally required yard, other open space, or minimum lot
area allocated to any building shall by virtue of change of ownership,
or other reason, be used to satisfy yard, other open spaces, or minimum
lot area requirements for any other building.
No improved lot shall hereafter be divided into two or more lots and no portion of any improved lot shall be sold, unless all improved lots resulting from each transfer, division, or sale shall conform with all the applicable development regulations (Section 40-3-3, Part II) of the zone in which the property is located.
(A)
Permitted obstruction in required yards. The following
shall not be considered to be obstructions when located in the required
yards specified:
(1)
Any yard. Marquees and awnings adjoining the
principal building, overhanging roof eaves; chimneys, unenclosed patios,
and stoops, if they do not encroach upon the required yard space by
more than three feet.
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Ornamental light standards, domestic television
and radio antenna, flagpoles, arbors, trellises, trees, shrubs. Except
that on corner lots no obstructions higher than 30 inches above the
street grade shall be located in a triangle formed by the connecting
of points 25 feet from the intersection of the street pavement.
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(2)
Side yards. Open accessory off-street parking
spaces except in a side yard abutting a street.
(3)
Rear yards. Enclosed, attached or detached off-street
parking spaces; open off-street parking spaces; accessory sheds, tool
rooms, and any farm accessory building, or any similar accessory structures;
and balconies, breezeways, and open (not permanently glassed-in) porches.
(4)
Commercial zones.
(a)
Filling station pumps and islands and light
fixtures located on a lot used as a filling station may be located
within a required yard provided they are not less than 15 feet from
any street line. No merchandise offered for sale or rent, banners,
or advertisement devises other than authorized signs shall be placed
in the front yard setback.
(b)
Permitted freestanding signs as defined and
provided for in the sign ordinance of the Village of Harristown when
relating to the business carried on in the establishment occupying
a lot may be located in the front yard or yards.
(c)
Nonadvertising light standards may be located
within a required front yard, provided such standards are located
not less than five feet from any street, provided such lights are
shielded so that illumination does not reflect onto residential property.
(d)
Off-street parking facilities may be located within the required front yard of any B or M Zones, provided that at least a five-foot setback is maintained between the street travel area and the parking area (excluding driveway) and also provided that such parking areas are maintained with an all-weather dust-free surface as provided for in the parking requirements, Article IX, Section 40-9-6(G), of this Code.
(B)
Additional yard requirements. Additional street setbacks
or yard may be required in the following instances:
(1)
The Board may upon recommendation of the Commission
establish special setbacks in excess of those setbacks required by
the Zone District; such setbacks shall be established when it is deemed
necessary to protect any existing or proposed street, traffic way,
freeway, highway, drives or parkways or storm and flood runoff channels.
Such setbacks shall only be valid, however, after giving the required
legal notice and holding of public hearing as required for all zoning
changes by this Code. Further, all setbacks shall be uniformly applied
to at least one block face and shall after being adopted be clearly
shown on the setback map in the Village Hall.
(2)
The minimum setback on all major streets shall
be 50 feet and collector streets, 35 feet. These regulations shall
supersede the individual zone requirements. The Village shall maintain
street classification maps in the Village Hall.
(3)
A corner lot shall be considered to have two
front yards for purposes of establishing the building setback line,
or minimum front yard line and for purposes of parking regulation.
(4)
Buildings used for shelter of livestock, poultry
or animal husbandry shall be a minimum of 75 feet from any lot line
and shall be a minimum of 30 feet from any residence occupying the
lot.
[Ord. No.
6-27-94C]
(C)
Exceptions to yard and setback requirements. The following
are instances where exceptions to the yard and setback regulations
as shown in the Schedule of Zone Regulations may be permitted:
(D)
Accessory uses to residential uses. Garages, lawn
storage sheds, and shelters for pets may be constructed in any side
or rear yard area, provided that such structures are kept at least
three feet from any lot line, and further provided that such structures
are separated by at least 10 feet from the principal structures occupying
the lot. Where the principal structure is allowed, by variance, to
be closer to the lot line abutting the street than required by the
regulations of the particular district, the setback for the accessory
structure shall be the same as allowed for the principal structure.
Except as herein provided, all buildings and
other structures constructed in the Village of Harristown after the
effective date of this Code shall conform with the Schedule of Zone
Regulations, Part II, in terms of maximum height, maximum coverage,
and maximum floor area ratio.
(A)
General building bulk limitations.
[Ord. No. 96-7, 9-23-1996; Ord.
No. 04-07, 9-27-2004]
(1)
Maximum height. The maximum height, as set forth
under each zoning district, shall be the greatest building height
allowed for either the principal or accessory buildings, except that
all accessory buildings in residential zones shall be limited as follows:
(a)
Accessory buildings on lots 1/2 acre or larger
shall have a maximum height of 17 1/2 feet and a maximum square footage
of 1,800 square feet either pole barn or frame construction.
(b)
Accessory buildings on lots under 1/2 acre shall
have a maximum height of 13 1/2 feet and a maximum square footage
of 900 square feet frame construction only.
(c)
Larger buildings could be permissible by variance.
(2)
Floor area ratio. The floor area ratio, as set
forth under each zoning district, shall be the maximum allowable for
the building or buildings (principal and accessory) on a lot or site.
(3)
Maximum coverage. The maximum coverage, as set
forth under each zoning district, shall be the maximum building coverage
allowable for the building or buildings, (principal and accessory)
on a lot or site.
(B)
Exceptions to building bulk regulations. The following
are instances where exceptions to the building bulk regulations shown
on the Schedule of Zone Regulations may be permitted.
(1)
The height regulation shall not apply for all
radio towers, television towers, antennas, church spires, belfries,
monuments, tanks, water and fire towers, stage towers, smokestacks,
chimneys, and flag poles provided that the maximum height does not
exceed 100 feet.
(2)
Public, semipublic buildings, public utilities,
public service buildings, civic buildings, hospitals, schools, churches,
temples, grain elevators, scenery lofts, elevator bulkheads, and silos
where permitted may be erected to a height not to exceed 100 feet,
provided that the side and rear yards are increased by one foot for
each foot of additional building height above the height regulations
for which the building is located, and also, providing that the main
shadow area shall be 2 1/2 times the height of the buildings.
(See definitions for "shadow area.")
(3)
Relief from the building bulk regulations may be granted in the form of a variance, but only when approved in accordance with the provisions as set forth in Article VI of this Code.
[Ord. No.
8-27-90A]
A home occupation may be permitted as a use
incidental to a residential use in any resident dwelling, when (1)
carried on by a member of the immediate family, residing on the premises;
(2) in connection with which there is no sign, display or other evidence
which would indicate from the exterior, that the building is being
used for any purpose other than a residential dwelling, other than
a name plate not to exceed two square feet affixed to the building
showing the name of the occupant and the services provided; (3) there
is no commodity sold upon the premises; (4) no person is employed
other than a member of the immediate family residing on the premises;
(5) no mechanical equipment is used except of a type that is similar
in character to that normally used for purely domestic or household
purposes; (6) no equipment or process shall be used which creates
noise, vibration, glare, fumes, odors, or electrical interference
detectable to the normal senses off the lot, if conducted in a detached
dwelling, or outside the dwelling unit of conducted in other than
a detached dwelling; and (7) not more than 25% of the floor area of
the dwelling unit is utilized for the home occupation.
(A)
Permitted home occupations. Permitted home occupations
may include the following uses: art studios, dressmakers, emergency
offices for doctors and physicians, but not offices for general practice;
tutoring and teaching including musical instruments, but limited to
one student at a time, and for only 10 hours per day from 10:00 in
the morning until 8:00 at night; and one-chair barber or beauty shops.
(B)
Trucks and commercial vehicles. On residentially zoned
parcels of land, no one shall park, store, or maintain more than one
truck, or vehicle used for commercial purposes, which:
(1)
Has a gross weight including the vehicle and
maximum load of more than 8,000 pounds (as defined in the Illinois
Compiled Statutes) or
(2)
Is larger/heavier than a vehicle required by
state statute to carry a Class B license or registration.
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In addition, on residentially zoned parcels
of land, no one shall park, store or maintain heavy equipment, including
but not limited to the following: backhoes, end loaders, bulldozers,
road graders, cranes, fork lifts, etc.
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[Ord. No.
97-3, 3-24-1997]
The following regulations apply to any property
in the M-1 and M-2 Zones on which one or more trucks and/or trailers
are parked and/or stored outdoors.
(A)
In yards. Truck and/or trailer parking and/or storage
may be located in any yard except a required front yard, provided
that at least a five-foot setback is maintained between the street
travel area and the parking/storage area.
(B)
Screening. All such parking and/or storage areas located
less than 40 feet from a property line adjoining or fronting on any
property situated in a residential district or any institutional premises
shall be effectively screened along such property line by a uniformly
finished wall, fence or densely planted compact hedge, not less than
eight feet in height, maintained in good condition. Chain linked (except
with 100% slatting), any form of barbed wire, or other wire or mesh
fences shall not be considered to be adequate screening.
(C)
Access. All such parking and/or storage areas shall
open directly upon an aisle or driveway of such width and design as
to provide safe and efficient means of vehicular access to such area,
and shall be designed with appropriate means of vehicular access to
a street or alley in a manner which will least interfere with traffic
movement. A driveway across public property at the right-of-way line
shall not exceed a width of 25 feet, and shall not be located within
30 feet of the point of intersection of any two streets.
(D)
Surfacing. All such parking and/or storage areas shall
be improvement with a compact base surfaced with an all-weather, dustless
material as approved by the Village Engineer.
