[Amended 2-6-2017 by Ord.
No. 994]
In order to carry out the purpose and provision of this chapter,
the City is divided into the following districts:
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Residential A-1
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One-Family Low-Density District
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Residential A-2
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One-Family Medium-Density District
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Residential RC
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Multifamily Medium-Density District
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Commercial C-1
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Central Business District
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Commercial C-2
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General Business District
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Industrial I
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Industrial District
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Industrial LI
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Limited Industrial District
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Agriculture AG
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Agriculture District
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[Amended 2-6-2017 by Ord.
No. 994]
The locations and boundaries of the districts established in this chapter are shown upon the map entitled "El Paso, Illinois Zoning Map," as amended, which, with all notations thereon, is made a part of this chapter and included as an attachment to this chapter.
[Amended 2-6-2017 by Ord.
No. 994]
Land which may be annexed to the City shall be classified in
accordance with the following schedule until such time as the City
Council changes the classification in accordance with the provisions
of this chapter:
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County Zoning Classification
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El Paso Zoning Classification
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Residential R-1
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Residential A-1
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Residential R-2
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Residential RC
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General Commercial
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Commercial C-2
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Light Industrial I-1
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Limited Industrial LI
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Heavy Industrial I-1
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Industrial I
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Agriculture AG
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Agriculture AG
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Conservation
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Agriculture AG
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All streets, alleys, public ways and railroad rights-of-way,
if not otherwise specifically designated, shall be deemed to be in
the same zone as the property immediately abutting. Where the center
line of a street, alley, public way or railroad right-of-way serves
as a district boundary, the zoning of such areas, when otherwise specifically
designated, shall be deemed to be the same as that of the abutting
property up to such center line.
Where uncertainty exists as to the boundaries of a district
as shown on the Zoning Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines
of streets or alleys shall be construed to follow such center lines.
B.
Boundaries indicated as approximately following recorded lot lines
shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following City limits shall
be construed as following such City limits.
D.
Boundaries indicated as following railroad lines shall be construed
to be midway between the main tracks.
E.
Boundaries indicated as approximately following the center lines
of streams, rivers, canals, lakes or other bodies of water shall be
construed to follow such center lines.
The regulations and standards set by this chapter within each
district shall be minimum regulations and standards and shall apply
uniformly to each class, kind or type of structure, use or land except
as provided by this chapter.
A.
No structure or land shall hereafter be used or occupied and no structure
or part thereof shall hereafter be constructed, erected, altered,
remodeled, extended or moved unless in conformity with all the regulations
and standards specified in this chapter for the district in which
it is located.
B.
No structure shall hereafter be constructed, erected, altered, remodeled,
extended or moved 1) to exceed the height; 2) TO occupy or house a
number of families greater than; 3) to occupy a percentage of the
lot area greater than; 4) to exceed the floor area ratio; 5) to have
floor area per dwelling unit or lodging unit smaller or less habitable
than; 6) to exceed the maximum floor area required in this chapter
or in any manner contrary to the regulations and standards of the
district in which it is located.
In no case other than in planned developments shall there be
more than one main or principal structure, or main or principal use,
on one lot or tract of land.
[Amended 1983 by Ord. No. 582]
No accessory use shall be established prior to the establishment of the main or principal use, and no accessory structure shall be constructed, erected, altered, remodeled, extended or moved prior to the establishment of construction of the main or principal structure, except those accessory uses and structures of a temporary nature required for the establishment of the main or principal use, or for the construction of the main or principal structure. In the Residential A-1, Residential A-2 and Residential RC Districts, dish antennas shall be permitted in rear yards only; said antennas shall not be located in a front yard, corner side yard or side yard, required or otherwise; no such antenna shall be located nearer than five feet to the side or rear lot line; and no such antennas shall be located or placed on an easement. In all other districts, dish antennas shall be considered an accessory structure and shall be regulated as such. When in conflict with the provisions of §§ 315-32 and 315-43, this section shall control.
[Added 4-27-2020 by Ord. No. 1031]
The placement and outdoor use of garbage receptacles, shipping
containers or freight storage units (including, but not limited to,
sea-land containers or freight car bodies, trailers, truck and bus
beds, etc.) for purposes other than the original manufactured intent
is prohibited in all zoning districts unless one or more of the following
exceptions are met:
A.
The
container or unit is used in a manner consistent with the original
manufactured intent and is otherwise permitted by this chapter.
B.
The
container or unit is a component of an approved special use.
C.
The
container or unit will be used for temporary, supplemental storage
of goods or materials for no more than 90 days in a calendar year.
D.
The
container or unit will be used for temporary storage or disposal of
materials associated with construction or remodeling of a principal
building. In such instance, the container shall be removed upon project
completion and within a one-year period.
No structure shall be constructed or erected on a lot or tract
or land or moved to a lot or tract of land which does not abut a publicly
maintained street.
A.
Nothing in this chapter shall be deemed to require any change in
the plans, construction or designated use of any structure existing
or upon which construction was lawfully begun prior to the effective
date of the ordinance codified in this chapter, provided that such
structure shall be completed within one calendar year from the effective
date of the ordinance codified in this chapter.
B.
The performance standards, regulations and standards, rules, requirements,
provisions and restrictions set by this chapter shall apply to all
structures, uses, lots and tracts of land created or established after
the effective date of the ordinance codified in this chapter, and
shall not be deemed to require any change in the structures, uses,
lots and/or tracts of land lawfully existing on the effective date
of the ordinance codified in this chapter, except as expressly specified
in this chapter.
The uses permitted in one district shall not be permitted in
any other district unless specifically stated.
A.
No part of a yard, buffer strip or other open space, off-street parking
space, loading berth, or lot area required about or in connection
with any structure for the purpose of complying with the regulations
and standards of this chapter shall be included as part of a yard,
buffer strip or other open space, off-street parking space or loading
berth, or lot area similarly required for any other structure or use.
B.
No yard, buffer strip or other open space, off-street parking space
or loading berth, or lot existing on the effective date of the ordinance
codified in this chapter shall be reduced in dimensions or area below
the requirements set forth in this chapter. Yards, buffer strips or
other open spaces, off-street parking spaces or loading berths, or
lots created or established after the effective date of the ordinance
codified in this chapter shall meet at least the minimum requirements
established by this chapter.
A.
The height of any main or principal structure or accessory building
may exceed the maximum permitted height by one foot for each additional
foot by which the width of each yard exceeds the minimum yard dimension
for the district in which such structure is located.
B.
Height regulations and standards shall not apply to spires, belfries,
penthouses or domes not used for human occupancy, nor to chimneys,
ventilators, skylights, water tanks, bulkheads, utility poles and
power lines, silos and other necessary mechanical appurtenances, provided
their location shall conform, where applicable, to the regulations
and standards of the Federal Communications Commission, the Federal
Aviation Administration and other public authorities having jurisdiction.
[Amended 2-6-2017 by Ord.
No. 994]
All buildings and all main or principal structures shall be
positioned in conformance with the setback line regulations and standards
specified in this chapter for the district in which they are located.
A.
Notwithstanding any other provisions of this chapter, the minimum
yard dimensions specified in this chapter shall not be reduced except
through action by the Board.
B.
The following yard regulations and standards shall apply to all lots
or tracts of land on which a structure is located:
(1)
Yards shall be kept unobstructed for their entire depth except as
specified in this chapter.
(2)
Private driveways, service drives, easements, sidewalks, flagpoles,
arbors, trellises, fences, walls, columns, light poles, hydrants,
patios, accessory signs and other decorative, recreational and utility
devices and equipment may be placed in any yard.
(3)
Agriculture may be carried on in any yard, except as provided by
this chapter.
(4)
Notwithstanding any other provisions of this chapter, the following
visibility regulations and standards shall apply:
(a)
Interior lot. Fences and/or walls may be placed in any yard
or along the edge of the yard, provided that no fence or wall, except
in the case of a junkyard, along the sides or front edge of the front
yard of an interior lot shall exceed the height of six feet.
[Amended 7-6-2009 by Ord.
No. 890; 2-6-2017 by Ord. No. 994]
(b)
Corner lot. On a corner lot, nothing shall be constructed, erected, placed, planted or allowed to grow in such a manner as materially to impede vision above a height of 2 1/2 feet above the center-line grades of the intersecting streets in an area bounded by the street right-of-way lines of such corner lot and a straight line joining points along such street right-of-way lines 50 feet from the nearest point of intersection. Beyond such fifty-foot limits, Subsection B(4)(a) of this section shall apply.
[Amended 2-6-2017 by Ord.
No. 994]
The following structures and uses are exempted by this chapter
and are permitted in any district: poles, towers, wires, cables, conduits,
vaults, laterals, pipes, mains, valves or any other similar distributing
equipment for telephone or other communications, electric power, gas,
water and sewer lines, provided that the installation shall conform,
where applicable, with the rules and regulations of the Illinois Commerce
Commission, the Federal Aviation Administration and other public authorities
having jurisdiction.
[Added 1994 by Ord. No. 684]
Zero lot line developments consisting of single-family dwelling
units with a common wall shall be allowed in any Residential RC District
as long as all construction requirements are met as provided in this
chapter. Zero lot line developments shall also be permitted in any
other zoning district, provided a special use permit is obtained with
the approval of the El Paso City Council following a public hearing
by the El Paso Zoning Board.
[Added 1994 by Ord. No. 684; amended 2-6-2017 by Ord. No.
994]
In addition to all other requirements of this chapter, other
than the side yard requirements, any zero lot line development structure
shall contain fire separation walls as required by the International
Code Council (ICC) International Building Code, as revised from time
to time. These single-family dwelling units shall be classified as
Use Group R-3 under the ICC Code and the fire separation walls shall
comply with the minimum fire resistance ratings as prescribed by International
Building Code Chapters 6 and 7. Any wall used as the common wall for
a zero lot line development shall have no windows, doors, air-conditioning
units, ducts, vents, apertures, or any other type of opening; provided,
however, that atriums or courts shall be permitted on the zero lot
line side when such court or atrium is enclosed by three walls of
the dwelling unit and a solid opaque wall of at least eight feet in
height is constructed on the zero lot line side and is constructed
of the same materials as the exterior walls of the dwelling unit.
[Added 1994 by Ord. No. 684]
A perpetual wall maintenance easement at least five feet in
width shall be provided on the lot adjacent to the zero side lot line,
which, with the exception of walls and/or fences, shall be kept clear
of structures. Such easement shall be shown on the plat incorporated
into each deed transferring title to the property. Such wall shall
be maintained in its original color and treatment unless otherwise
agreed to in writing by the two affected lot owners. Overhanging eaves
and gutters may penetrate such easement on the adjacent lot a maximum
of 24 inches, but the roof shall be so designed that water runoff
from the dwelling constructed on the lot line is limited to such easement
area. Footings for buildings, fences and walls may extend into such
easement at heights no less than and at extension distances no greater
than as originally constructed.
[Added 1994 by Ord. No. 684; amended 2-6-2017 by Ord. No.
994]
A zero lot line development plat shall be presented to the El
Paso Zoning Board in the same manner as any preliminary subdivision
plat showing the location of all improvements intended to be placed
on a zero lot line development, which plat shall show the perpetual
wall maintenance easements, any drainage easements, the location of
all improvements, the side yards that are not on the zero lot lines
and all other items required pursuant to this chapter on subdivision
plats. Following a hearing before the El Paso Zoning Board, such plats
shall be approved by the El Paso City Council and the zero lot line
development shall not be approved and no building permits shall be
issued until such plats are approved by the El Paso City Council.
The El Paso City Council shall approve all plats of zero lot line
developments within a Residential RC District which otherwise comply
with all provisions and requirements of this chapter for a residential
RC development and which apply with the ICC Code. All other zero lot
line developments may be approved as a special use.
[Added 1994 by Ord. No. 684]
The regulations herein regarding zero lot line developments
shall not replace or supersede any requirements of the statutes of
the State of Illinois regarding condominiums and any condominiums
located within the City shall comply with all Illinois statutes and
the Condominium Act (765 ILCS 605/1 et seq.) in particular.
