A.
Jurisdiction. The jurisdiction of this chapter shall apply to all
structures, lands, water and air within the corporate limits of the
Village of Howards Grove.
B.
Compliance. 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.
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.[1]
[1]
Editor's Note: The following original sections of the 1993 Code of Ordinances, which immediately and respectively followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II): Sec. 13-1-10(d), Yard reduction or joint use; Sec. 13-1-10(e), One main building per lot; and Sec. 13-1-10(f), Lots abutting more restrictive district.
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 Village Board in accordance with Article V of this chapter excepting those existent at time of adoption of the Zoning Code.
(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 code require no action by the Village Board for them to continue
as valid conditional uses, and the same shall be deemed to be "regular"
conditional uses.
(3)
Proposed change from permitted use in a district to conditional use shall require review, public hearing and approval by the Village Board in accordance with Article V of this chapter.
(4)
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of an previous conditional use(s), or establishment of new conditional use(s), shall require review, public hearing and approval by the Village Board in accordance with Article V of this chapter.
(5)
Limited conditional uses authorized by Village Board 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.
A.
Street frontage. All lots shall abut upon a public street or other
officially approved means of access, and each lot shall have a minimum
frontage of 90 feet; cul-de-sac lots shall measure 90 feet at the
front building setback line. However, to be buildable, the lot shall
comply with the frontage requirements of the zoning district in which
it is located.
B.
Principal structures. All principal structures shall be located on
a lot. Only one principal structure shall be located, erected or moved
onto a lot. The Village Board may permit as a conditional use more
than one principal structure per lot in any district where more than
one such structure is needed for the orderly development of the parcel.
Where additional structures are permitted, the Village Board may impose
additional yard requirements, landscaping requirements or parking
requirements, or require a minimum separation distance between principal
structures. Structures which abut or are attached to one another shall
be treated as separate structures unless their frames are permanently
integrated with one another in a way that would prevent their separation
without causing damage to one or both structures. Notwithstanding
the above, decks, docks, porches and patios that are accessory to
the principal use shall be considered a part of the principal structure
if they abut within three feet of the principal structure or are attached
to it.
C.
Dedicated street. No zoning permit shall be issued for a lot which
abuts a public street dedicated to only a portion of its proposed
width and located on that side thereof from which the required dedication
has not been secured.
D.
Lots abutting more restrictive districts. Lots abutting more restrictive
district boundaries shall provide side and rear yards not less than
those required in the more restrictive abutting district. The street
yard setbacks in the less restrictive district shall be modified for
a distance of not less than 60 feet from the more restrictive district
boundary line so such street yard setbacks shall be no less than the
average of the street yards required in both districts.
E.
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 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 Village Board, in applying
the provisions of the subsection, 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 Village Board may affirm, modify or withdraw its determination
of unsuitability.
F.
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 Village Board, 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.[1]
The regulations contained herein relating to the height of buildings
and the size of yards and other open spaces shall be subject to the
following exceptions:
A.
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments,
penthouses, stacks, scenery lofts, tanks, water towers, ornamental
towers, spires, wireless, television or broadcasting towers, masts
or aerials, microwave radio relay structures, telephone, telegraph
and power poles and lines and necessary mechanical appurtenances are
hereby excepted from the height regulations of this code and may be
erected in accordance with other regulations or codes of the Village.
B.
Where a lot abuts on two or more streets or alleys having different
average established grades, the higher of such grades shall control
only for a depth of 120 feet from the line of the higher average established
grade.
C.
Buildings on through lots and extending from street to street may
have waived the requirements for a rear yard by furnishing an equivalent
open space on the same lot in lieu of the required rear yard provided
that the setback requirements on both streets be complied with.
D.
Every part of a required yard shall be open to the sky, unobstructed,
except for accessory buildings in a rear yard, and the ordinary projections
of sills, belt courses, cornices and ornamental features projecting
not more than 12 inches.
E.
Open or enclosed fire escapes and fire towers may project into a
required yard not more than five feet and into a required court not
more than 3 1/2 feet, provided they are so located as not to
obstruct light and ventilation.
No lot, yard, parking area, building area or other space shall
be reduced in area or dimensions so as not to meet the provisions
of this chapter. No part of any lot, yard, parking area or other space
required for a structure or use shall be used for any other structure
or use.
Any home occupation that is customarily incidental to the principal
use of a building as a dwelling shall be permitted in any dwelling
unit.
A.
Standards. In addition to all of the standards applicable to the
district in which it is located, no home occupation shall be permitted
unless it complies with the following standards:
(1)
No more than one person other than a member of the immediate family
occupying such dwelling unit shall be employed.
(2)
No stock-in-trade (except articles produced by the members of the
immediate family residing on the premises) shall be displayed or sold
on the premises.
(3)
No alteration of the principal building shall be made which changes
the character thereof as a dwelling.
(4)
No more than 25% of the area of one story of a single-family dwelling
nor more than 20% of the area of any other dwelling unit shall be
devoted to the home occupation; provided, however, that rooms let
to roomers are not subject to this limitation.
(5)
No extensive mechanical equipment other than normal domestic or household
equipment shall be used.
(6)
The home occupation shall be conducted entirely within the principal
residential building, or in a permitted private garage accessory thereto.
(7)
There shall be no outside storage of equipment or materials used
in the home occupation.
B.
Particular occupations permitted. Customary home occupations include,
but are not limited to, the following list of occupations:
(1)
Dressmakers, seamstresses, or tailors.
(2)
Music teachers, provided that the instruction shall be limited to
one pupil at a time except for occasional groups.
(3)
Artists, sculptors, or authors.
(4)
Computer, technical and clerical workers.
(5)
Lawyers, architects, engineers, realtors, insurance agents, brokers
and members of similar professions.
(6)
Ministers, rabbis, or priests.
C.
Particular occupations prohibited. Permitted home occupations shall
not in any event be deemed to include:
(1)
Barbershops, unless specifically permitted by the district regulations.
(2)
Beauty parlors, unless specifically permitted by the district regulations.
(3)
Dancing schools.
(4)
Funeral homes.
(5)
Nursery schools.
(6)
Restaurants.
(7)
Small engine repair shops.
(8)
Renting of trailers.
(9)
Clinics or hospitals.
(10)
Repair shops or service establishments.
(11)
Animal kennels or hospitals or stables.
A.
All persons proposing an action that requires the issuance of a building
permit, conditional use permit, map approval, plat approval, or rezoning
approval by the Village or any of its commissions, committees, officers
or other agents shall pay such reasonable and necessary charges for
professional services incurred by the Village for the review, administration,
investigation, and processing of the application.
B.
Professional services shall include, but are not limited to, planning,
engineering, legal and related services. Such charges shall be in
addition to any other filing, permit, publication or meeting fees,
charges or costs otherwise payable by the applicant.
C.
A schedule of standard charges for professional services related
to development may be developed, and amended from time to time, by
the Village Clerk-Treasurer, Building Inspector and Board within two
months after the date of adoption of this chapter, and subsequently
submitted to the Village Board for review and approval. After approval
by resolution of the Village Board, the schedule of standard charges
shall be maintained by the Village Clerk-Treasurer, who shall provide
copies to any person upon reasonable request.
