The jurisdiction of this chapter shall apply
to all structures, lands, water, and air within the corporate limits
of the Village of Belgium.
No structure, land, water, or air shall hereafter
be used and no structure or part thereof shall hereafter be located,
erected, moved, reconstructed, extended, enlarged, converted, or structurally
altered without a building permit and without full compliance with
the provisions of this chapter and all other applicable local, county,
and state regulations.
The following use regulations shall apply:
A. Principal uses. Only those principal uses specified
for a district, their essential services, and the following uses shall
be permitted in that district.
B. Accessory uses and structures are permitted in any
district but not until their principal structure is present or under
construction. Residential accessory uses shall not involve the conduct
of any business, trade, or industry, except home occupations and professional
home offices as defined in this chapter.
C. Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the Village Plan Commission in accordance with Article
IV. When a use is classified as a conditional use at the date of adoption of this chapter, it shall be considered a legal conditional use without further action of the Village Plan Commission. Changes to or substitution of conditional uses shall be subject to review and approval by the Village Plan Commission in accordance with Article
IV.
D. Home occupations and professional home offices are
permitted accessory uses in any residential district, not requiring
a building permit, provided that:
(1) The use of the residential dwelling for the home occupation
or professional home office shall be clearly incidental and subordinate
to its residential use and shall not occupy more than 25% of the floor
area of one floor.
(2) No home occupation or professional home office shall
be located in or conducted in an accessory structure.
(3) No person other than members of the family residing
on the premises shall be employed or engaged in such home occupation
or professional home office.
(4) Home occupations shall use only household equipment,
and no stock-in-trade shall be kept or sold except that made on the
premises.
(5) No traffic shall be generated by the home occupation
or professional home office in greater volumes than would normally
be expected in a residential neighborhood, and any need for parking
generated by the conduct of the home occupation or use shall be provided
off the street and other than in the required street yard.
(6) No outdoor storage of equipment or product shall be
permitted.
(7) Home occupations which comply with the conditions
set forth above may include, but are not limited to, baby-sitting,
barbering, beauty shops, canning, crafts, desktop publishing and other
computer services, dressmaking, insurance agencies, laundering, millinery,
photographic studios, real estate brokerage, piano teaching, and word
processing.
[Amended 10-11-1999 by Ord. No. 50-99]
(8) Home occupations shall not include auto body or engine
repair, construction trades or dance studios.
[Amended 10-11-1999 by Ord. No. 50-99]
E. Uses not specified in this chapter and which are found by the Plan Commission to be similar in character to conditional uses permitted in the district may be permitted by the Village Plan Commission after review, public hearing, and approval in accordance with Article
IV of this chapter.
F. Temporary uses. Only those temporary uses as specified herein are
permitted. The property owner, business or event sponsor shall make
written application to the Village for a temporary use permit on a
form prescribed for that purpose. The Village Clerk shall issue permits
for temporary construction offices and shelters, special events, and
temporary storage containers. Permits for temporary construction offices
and shelters and special events must be obtained not less than 14
days before beginning the temporary use, and permits for temporary
storage containers must be obtained not less than seven days before
beginning the temporary use. The fees for temporary use permits shall
be as set by the Village Board.
[Amended 7-11-2016 by Ord. No. 6-16; 9-10-2018 by Ord. No. 7-18]
(1) Temporary construction offices and shelters. Real estate sales offices
and construction field offices, and shelters for materials and equipment
used for site development or construction of a permanent structure,
may be allowed with a permit for a period of time not to exceed a
typical construction season (six months) or until completion of the
associated activity, whichever is shorter.
(2) Special events. An outdoor gathering of 50 or more persons at any
one time on public or private property for a performance, celebration,
commemoration, fundraiser, display and/or sale of goods, or other
type of social gathering open to the public for free or upon payment
of some kind of consideration, including, but not limited to, whether
for profit or not, outdoor festivals, flea markets, carnivals, circuses,
walkathons, marathons, bicycle races, athletic events, beer gardens,
gatherings on nonresidential property involving the use of temporary
structures, and other similar-type activities that do not require
a permanent site or business location, and do not compromise public
health, safety or welfare, may be allowed in the A-1 General Agricultural/Holding
District, I-1 Institutional District, P-1 Park District and all business
districts with a permit, provided the event shall be limited to a
maximum of 12 days in a calendar year, adequate parking shall be available,
lighting and noise shall be regulated so as not to create a nuisance
to nearby properties or to the general public, and provided the activity
is in compliance with all other codes, regulations and ordinances.
Events which are approved annually by resolution of the Village Board
are exempt from the permit requirement.
(3) Temporary outdoor sales. Temporary display or sale of items outside
the confines of a building which is not otherwise permitted as a permitted
or conditional use, including sidewalk sales, tent sales, Christmas
tree sales, and food stands, is allowed without a permit, provided
the activity shall be limited to a maximum of 30 days in a calendar
year, and provided the activity is in compliance with all other codes,
regulations and ordinances.
(4) Temporary storage containers. Temporary storage containers are portable
storage containers designed and used primarily for the temporary storage
of household goods and other such materials for use on a limited basis
on residential property. Temporary storage containers are allowed
with a permit, provided they shall adhere to the following:
(a)
The container shall not exceed outside dimensions of 20 feet
in length, 10 feet in width, and 10 feet in height.
(b)
No more than one container may be on a property at any given
time.
(c)
The container shall not remain on a property in excess of 30
consecutive calendar days and shall not be placed at any one property
in excess of 30 days in any calendar year.
(d)
The container shall be set back a minimum of five feet from
all property lines and five feet from the nearest wall of any building.
The container shall not be placed on the public right-of-way, including
sidewalks and streets.
(e)
The container must be placed on a hard-paved surface such as
asphalt or concrete.
(f)
The container shall be in compliance with all other codes, regulations
and ordinances.
G. Performance standards listed in Article
X shall be complied with by all uses in all districts.
[Amended 6-12-2006 by Ord. No. 16-06]
The following uses are considered to be incompatible
with the residential characteristics of the Village and surrounding
area and are herewith prohibited:
A. Manufacturing of ammonia, asbestos, asphalt, cement,
chlorine, coal tar, creosote, explosives, fertilizer, glue, gypsum,
insecticides, lampblack, poison, pulp, pyroxylin, and radium.
B. Processing ammonia, asbestos, asphalt, cabbage, chlorine,
coal tar, creosote, explosives, fertilizer, fish, glue, grease, gypsum,
insecticides, lampblack, offal, poison, pulp, pyroxylin, and radioactive
materials.
C. Storage of bulk fertilizer, coal, explosives, fireworks,
gasoline in excess of 50,000 gallons, grease, hazardous waste, and
radioactive materials.
D. Animal reduction facilities, forges, foundries, garbage
incinerators, junkyards, landfills, mineral extraction operations,
quarries, rubbish storage, sand and gravel pits, and tanneries.
[Amended 1-8-2024 by Ord. No. 09-23]
No land shall be used or structure erected where
the land is unsuitable for such use or structure by reason of flooding,
concentrated runoff, inadequate drainage, adverse soil or rock formation,
unfavorable topography or low 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 Plan
Commission, in applying the provisions of this section, shall in writing
recite the particular facts upon which it bases it 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 Plan Commission may affirm,
modify or withdraw its determination of unsuitability. In addition:
A. All lots shall abut upon a public street, and each
lot shall have a minimum frontage of 40 feet.
B. All principal structures shall be located on a lot,
and only one principal structure shall be located, erected or moved
onto a lot in a Single-Family (RD-1) or Two-Family (RD-2) Residence
District. The Plan Commission may permit more than one principal structure
per lot in other districts where more than one such structure is needed
for the orderly development of the parcel. Where additional structures
are permitted, the Plan Commission may impose additional yard requirements,
landscaping requirements or parking requirements or require a minimum
separation distance between principal structures.
C. 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 district boundaries
shall provide side and rear yards not less than those required in
the more restrictive abutting district. The setbacks on the less restrictive
district shall be modified for a distance of not more than 60 feet
from the district boundary line so as to equal the average of the
street yards required in both districts.
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.
[Added 11-12-2007 by Ord. No. 30-07]
All electric power, telephone, communication,
gas distribution and cable television lines installed to serve any
new development on residential, commercial, manufacturing or institutional
property after November 30, 2007, shall be placed underground at the
expense of the developer or property being served in accordance with
the specifications of the respective utility companies. All plans
for such utility services shall be submitted to the Village Public
Works Director and Village Engineer for written approval prior to
installation.