A.
Jurisdiction. The jurisdiction of this chapter shall apply to all
structures, lands, water and air within the corporate limits of the
Village of Spencer.
B.
Compliance.
(1)
No new structure, new use of land, water or air or change in the
use of land, water or air shall hereafter be permitted and no structure
or part thereof shall hereafter be located, erected, moved, reconstructed,
extended, enlarged, converted or structurally altered without a zoning
permit and without full compliance with the provisions of this chapter
and all other applicable local, county and state regulations.
(2)
All buildings erected hereafter, all uses of land or buildings established
hereafter, all structural alteration or relocation of existing buildings
occurring hereafter, and all enlargements of, or additions to, existing
uses occurring hereafter shall be subject to all regulations of this
chapter which are applicable to the zoning districts in which such
buildings, uses or land shall be located.
C.
District regulations to be complied with. Except as otherwise provided,
the use and height of buildings hereafter erected, converted, moved,
enlarged or structurally altered and the use of any land shall be
in compliance with the regulations established herein for the district
in which such building or land is located.
D.
Number of residential buildings on a zoning lot. Except in the case
of planned residential developments, not more than one principal detached
residential building shall be located on a zoning lot nor shall a
principal detached residential building be located on the same zoning
lot with any other principal building.
E.
Lots abutting more restrictive district. Any side yard, rear yard
or court abutting a district boundary line shall have a minimum width
and depth in the less restricted district equal to the average of
the required minimum widths and depths for such yards and courts in
the two districts which abut the district boundary line.
Only the following uses and their essential services may be
allowed in any district:
A.
Permitted uses. Permitted uses, being the principal uses specified
for a district.
B.
Accessory uses. Accessory uses and structures as specified are permitted
in any district but not until their principal structure is present
or under construction.
C.
Conditional uses.
(1)
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Plan Commission in accordance with Article IV of this chapter, excepting those existent at time of adoption of this chapter.
(2)
Those existing uses which are classified as "conditional uses" for
the district(s) in which they are located at the time of adoption
of this chapter require no action by the Plan Commission for them
to continue as valid conditional uses, and the same shall be deemed
to be "regular" conditional uses.
(3)
A proposed change from permitted use in a district to a conditional use shall require review, public hearing and approval by the Plan Commission in accordance with Article IV of this chapter.
(4)
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of new conditional use(s) shall require review, public hearing and approval by the Plan Commission in accordance with Article IV of this chapter.
(5)
Conditional uses authorized by Plan Commission resolution shall be
established for a period of time to a time certain or until a future
happening or event at which the same shall terminate.
D.
Uses not specified in code.
(1)
Uses not specified in this chapter which are found by the Village
Board, upon the recommendation of the Plan Commission, to be sufficiently
similar to specified permitted uses for a district shall be allowed
by the Zoning Administrator.
(2)
Uses not specified in this chapter and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the Village Board, upon the recommendation of the Plan Commission, after public hearing and approval in accordance with Article IV of this chapter.
E.
Validity of zoning, conditional use and variance permits. Where the
Zoning Administrator has issued a zoning certificate, a conditional
use permit or a permit for a variance pursuant to the provisions of
this chapter, such permit shall become null and void unless work thereon
is substantially underway within six months of the date of the issuance
of such permit by the Zoning Administrator.
F.
Yard requirements where buildings not present. Where a lot is to
be occupied for a permitted use without buildings, the side yards
and front yard required for such lot shall be provided and maintained
unless otherwise stipulated in this chapter, except that yards shall
not be required on lots used for garden purposes without buildings
or structures, nor on lots used for public recreation areas.
G.
Prohibited uses of residential property. No land which is located
in a residential district shall be used for driveway or access purposes
to any land which is located in a commercial or manufacturing district
or used for any purpose not permitted in a residential district.
A.
[1]Site suitability. No land shall be used or structure erected
where the land is held unsuitable for such use or structure by the
Village Board, upon the recommendation of the Plan Commission, by
reason of flooding, concentrated runoff, inadequate drainage, adverse
soil or rock formation, unfavorable topography, low percolation rate
or bearing strength, erosion susceptibility or any other feature likely
to be harmful to the health, safety, prosperity, aesthetics and general
welfare of this community. The Plan Commission, in applying the provisions
of the section, shall, in writing, recite the particular facts upon
which it bases its conclusion that the land is not suitable for certain
uses. The applicant shall have an opportunity to present evidence
contesting such unsuitability if he so desires. Thereafter, the Plan
Commission may affirm, modify or withdraw its determination of unsuitability
when making its recommendation to the Village Board.
B.
Preservation of topography. In order to protect the property owner
from possible damage due to change in the existing grade of adjoining
lands and to aid in preserving and protecting the natural beauty and
character of the landscape, no change in the existing topography of
any land shall be made which would result in increasing any portion
of the slope to a ratio greater than 1 1/2 horizontal to one
vertical, within a distance of 20 feet from the property line, except
with the written consent of the owner of the abutting property and
with the approval of the Plan Commission, or which would alter the
existing drainage or topography in any way as to adversely affect
the adjoining property. In no case shall any slope exceed the normal
angle of slippage of the material involved, and all slopes shall be
protected against erosion. Retaining walls may be permitted on a site-specific
basis as allowed by the Village Engineer.
C.
Decks. For purposes of this chapter, decks and porches shall be considered
a part of a building or structure.
D.
Access to improved public street.
(1)
No building permit for a principal building shall be issued unless
the zoning lot on which the principal building is to be erected fronts
on an improved public street having a width of at least 60 feet, nor
shall a building permit be issued for any building on a corner lot
where an accessory garage is served from the side street unless said
side street is improved.
(2)
No zoning lot shall contain any building used as a residence unless
such lot abuts for at least 30 feet on an improved public street.
A.
Continued conformity with bulk regulations. The maintenance of yards,
courts, usable open spaces and other open spaces and minimum lot area
legally required for a building shall be a continuing obligation of
the owner of such building or of the property on which it is located
as long as the building is in existence. Furthermore, no legally required
yards, courts, usable open spaces, other open spaces or minimum lot
area allocated to any building shall, by virtue of change of ownership,
or for any other reason, be used to satisfy yard, court, usable open
space, other open space or minimum lot area requirements for any other
building.
B.
Division of improved zoning lots. No improved zoning lot shall hereafter
be divided into two or more zoning lots and no portion of any improved
zoning lot shall be sold, unless all improved zoning lots resulting
from each such division or sale shall conform with all the applicable
bulk regulations of the district in which the property is located.[1]
C.
Location of required open space. All yards, courts, usable open spaces
and other open spaces allocated to a building or dwelling group shall
be located on the same zoning lot as such building or dwelling group.
D.
Required yards for existing building. No yards now or hereafter provided
for a building existing on the effective date of this chapter shall
subsequently be reduced below, or further reduced, if already less
than the minimum required by this chapter for equivalent new construction.
E.
Permitted obstructions in required yards. The following shall not
be considered to be obstructions when located in the required yards
specified.
(1)
In all yards.
(a)
Arbors and trellises.
(b)
Awnings.
(c)
Chimneys projecting 18 inches or less into the yard.
(e)
Flagpoles and garden ornaments.
(f)
Open terraces not over three feet above the average level of
the adjoining ground, but not including a permanently roofed-over
terrace or porch.
(g)
Steps not over three feet above the ground level which are necessary
for access to a permitted building or for access to a zoning lot from
a street or alley.
(2)
In front yards.
(a)
One-story bay windows projecting three feet or less into the
yard, provided that such windows do not occupy, in the aggregate,
more than 1/3 of the front wall of the building, and come entirely
within planes drawn from either main corner of the front wall, making
an interior angle of 21 1/2° in the horizontal plane with
the front wall.
(b)
Overhanging eaves and gutters projecting three feet or less
into the yard.
(3)
In rear yards.
(a)
Air-conditioning equipment.
(b)
Balconies open to the sky, projecting six feet or less into
the yard.
(c)
Detached private garages and open off-street parking spaces.
(d)
Fire escapes projecting six feet or less into the yard.
(e)
One-story bay windows projecting three feet or less into the
yard, provided that such windows do not occupy, in the aggregate,
more than 1/2 of the rear wall of the building, and come entirely
within planes drawn from either main comer of the rear wall, making
an interior angle of 22 1/2° in the horizontal plane with
the rear wall.
(f)
Overhanging eaves and gutters projecting three feet or less
into the yard.
