This chapter shall be known and may be cited as the "Village
of Sidney, Champaign County, Illinois Zoning Ordinance."
It is the purpose of this chapter:
A.
To promote and protect the public health, safety, morals, comfort
and general welfare of the people;
B.
To divide the Village into zones or districts, restricting and regulating
therein the location, erection, construction, reconstruction, alteration
and use of buildings, structures and land for residences, business,
manufacturing and other specified uses;
C.
To protect the character and stability of the residential and business
areas within the Village and to promote the orderly and beneficial
development of such areas;
D.
To regulate the intensity of use of lot areas, and to regulate the
area of open spaces surrounding buildings necessary to provide adequate
light and air, and to protect the public health;
E.
To establish building lines and the location of buildings designed
for residential, business, manufacturing and other uses within such
areas;
F.
To affix reasonable standards to which buildings or structures shall
conform therein;
G.
To prohibit uses, buildings, or structures incompatible with the
character or development of intended uses within specified zoning
districts;
H.
To prevent overcrowding of land and undue concentration of structures,
consistent with the overall character of the Village;
I.
To conserve the taxable value of land and buildings throughout the
Village; and
J.
To define and specify the powers and duties of the administrative
officers and bodies provided herein.
For the purpose of this chapter, certain terms or words used
herein shall be interpreted or defined as follows:
A.
The present tense shall include the future tense; words importing
the masculine gender shall include the feminine.
B.
The singular includes the plural; and the plural includes the singular.
C.
The word "shall" is always mandatory; the word "may" is always permissive.
D.
The words "Village Board" shall mean the Board of Trustees of the
Village of Sidney.
E.
The words "Zoning Board" shall mean the Village of Sidney Zoning
Board of Appeals.
As used in this chapter, the following terms shall have the
meanings indicated:
A building, structure or use located on the same lot as a
main building or main use and incidental to the use of the main building
or incidental to the main use of the lot. An accessory building or
structure may be part of or separate from the main building; e.g.,
an automobile garage is an accessory building of a house.
Incidental alterations are:
Changes in or replacements of the nonstructural parts of a building
or other structure, without limitation to the following examples:
Alteration of interior partitions to improve livability in a
nonconforming residential building, provided that no additional dwelling
units are created thereby;
A minor addition on the exterior of a residential building such
as an open porch;
Alterations of interior non-load-bearing partitions in all other
types of buildings or other structures;
Replacement of or minor changes in the capacity of utility pipes,
ducts, or conduits; or
Changes or replacements in the structural parts of a building
or other structure, limited to the following examples or of similar
character or extent:
To alter incidentally is to make an incidental alteration.
An amendment to the zoning ordinance may be a change in the
text of the ordinance or a change in the Official Zoning Map.
TEXT AMENDMENTA change in the wording, definitions or other language of the zoning ordinance; e.g., a resident requests a change in the height restriction placed on structures in the commercial zone.
MAP AMENDMENTA change in the zoning classification shown on the Official Zoning Map; e.g., a resident property owner requests a change in the zoning of his property from Single Family R-1 to Community Business so he may build a restaurant.
The owner of a parcel of land, structure or building along
with the prospective developer or his representative who has a direct
interest or option relating to the proposed amendment, special use
request, variance or zoning permit; e.g., a homeowner or his attorney
who requests a change in the zoning classification of his property
is an applicant.
Any structure which:
Is permanently affixed to the land; and
Has one or more floors and a roof; and
Is bounded by either open area or the lot lines of a zoning
lot; and
Is enclosed and has a roof supported by columns, walls, arches
or other devices and is used for the housing, shelter, or enclosure
of persons, animals and chattel.
A building shall not include such structures as billboards,
fences, or radio towers, or structures with interior surfaces but
not normally accessible for human use, such as gas holders, tanks,
smoke stacks, grain elevators, coal bunkers, or similar structures.
A building may, for example, consist of a one-family residence
or a two-family residence, a single store or a row of stores or a
single factory or a loft.
In residential zoning districts, a building shall not include
steel boxes such as intermodal shipping containers, steel containers,
or conex containers, which shall not be permitted in such districts.
[Added 12-2-2019 by Ord.
No. 2019-09]
A legally existing building which fails to comply with the
regulations set forth in this chapter applicable to the district in
which it is located.
A dwelling unit consists of one or more rooms in a residential
building or residential portion of a building, which are arranged,
designed, used, or intended for use by one or more persons living
together and maintaining a common household, and which include lawful
cooking space and lawful sanitary facilities reserved for the dwelling
unit's occupants.
SINGLE-FAMILYA building on a lot designed and occupied exclusively as a residence for one family.
TWO-FAMILYA building on a lot designed and occupied exclusively as a residence for two families living independently of one another.
MULTIPLE-FAMILYA building on a lot designed and used exclusively as a residence for three or more families living independently of one another.
An "enlargement" is an addition to the floor area of an existing
building, an increase in the size of any other structure, or an increase
in that portion of a tract of land occupied by an existing use. "To
enlarge" is to make an enlargement.
An "extension" is an increase in the amount of existing floor
area used for an existing use, within an existing building. "To extend"
is to make an extension.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, adoption, or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
The vertical measurement from grade to a point midway between
the highest and lowest points of the roof.
An accessory use which:
Is clearly incidental to or secondary to the residential use
of a dwelling unit; and
Is carried out within a dwelling unit or accessory building
by one or more members of a family residing on the premises, and in
connection with which not more than one person outside the family
is employed.
In connection with which there is no advertising other than
an identification sign of not more than one square foot in area, and
no other display or storage of materials or exterior indication of
the home occupation or variation from the residential character of
the main building.
No equipment shall be used which creates offensive noise, vibration,
smoke, dust, odors, heat or glare.
The owner or occupant of premises conducting a home occupation within the meaning of this definition must provide on his property sufficient off-street parking for employees, customers and suppliers to avoid on-street parking congestion which adversely affects the public health, safety and welfare by any of the following: excessive congestion, excessive noise, excessive vehicular and/or pedestrian traffic, interference with emergency or firefighting vehicles or equipment, to the prejudice of the public safety and welfare, in which event the home occupation shall be terminated until adequate off street parking is provided, pursuant to this Subsection (5).
[Added 3-2-2009 by Ord.
No. 2009-02]
When within the above requirements, a home occupation includes,
but is not limited to, the following: art studio, dressmaking, professional
office of a physician, dentist, lawyer, engineer, architect, accountant,
salesman, real estate agent, insurance agent or other similar occupation,
or teaching.
A tract or parcel of land fronting on a street and occupied
or capable of being occupied by a building or use. For the purposes
of this chapter, the word "lot" is the "lot of record." A tract or
parcel of land comprising a lot within the meaning of this chapter
may consist of:
The area of the lot covered by main and accessory structures.
The distance parallel to the front lot line, measured between
side lot lines at the building line.
[Amended 3-2-2009 by Ord.
No. 2009-02]
A legally existing lot which fails to comply with the regulations
set forth in this chapter applicable to the district in which the
lot is located; e.g., a residential lot which is smaller than the
dimensions set forth for residential lots in that particular zone.
Construction of a new building or other improvement is permitted
on a nonconforming lot if the existing improvements are destroyed
or removed, provided that the building improvements must conform to
the building and improvement previously existing (i.e., the existing
building "footprint"), even though such location does not afford the
otherwise required building setback lines required by this chapter.
A movable or portable unit designed and constructed to be
towed on its chassis comprised of frame and wheels, and designed to
be connected to utilities for year-round occupancy and to provide
complete independent living facilities, including provisions for cooking,
sleeping and sanitation. The term includes units containing parts
that may be folded or telescoped when being towed and then expanded
to provide additional cubic capacity, and units composed of two or
more separately towable components designed to be joined into one
integral unit capable of being again separated into components for
repeated towing. Removal of wheels, towing devices or any other alteration
does not qualify a mobile home as a conventional single-family dwelling
unless such alteration enables the unit to meet the Federal Housing
Authority's "Minimum Property Standards for One and Two Family Living
Units," latest edition.
A contiguous parcel of land planned and approved for the
placement of three or more mobile homes.
A building or land lawfully occupied and used at the time
of passage of this chapter and all amendments thereto, which by reason
of design, size or use does not conform with the use requirements
of the district within which it is located; e.g., a nonconforming
use could be a tavern in a residential zone.
A surfaced area either within a structure or in the open,
exclusive of driveways or access drives, for the parking of a motor
vehicle.
A line which is parallel to the front lot line extending
across the width of the lot, which establishes the minimum distance
required between any structure located on the lot and the nearest
street right-of-way line.
A line which is parallel to the rear lot line extending across
the width of the lot, which establishes the minimum distance required
between any structure located on the lot and the rear lot line.
 |
A use which may be permitted in a district pursuant to, and
in compliance with, procedures specified in this chapter; e.g., a
medical or dental clinic might be permitted as a special use in a
residential district.
That part of a building included between any floor and the
floor or roof immediately above.
A thoroughfare within the right-of-way which affords the
principal means of access to abutting property. A street may be designated
as an avenue, a boulevard, a drive, a highway, a lane, a parkway,
a place, a road, a thoroughfare or by other appropriate names. Streets
are identified generally as follows:
MAJOR STREETCounty highways and primary streets.
MINOR STREETSubdivision streets and township roads.
Anything constructed or erected with a fixed location on
the surface of the ground. Among other things, structures include
buildings, walls, and fences.
Permission or approval granted by the Zoning Board of Appeals in accordance with Article VI of this chapter, constituting a modification of or a deviation from the exact provisions of this chapter as applied to a specific property; e.g., a property owner with a house on an undersized/nonconforming lot would request a variance of the lot size requirements so that he may receive a zoning permit before adding a room to his house.
An open space, other than a court, of a uniform width or
depth on the same lot with the structure, lying between the structure
and the nearest lot line and unoccupied and unobstructed from the
surface of the ground upward, except as may be specifically provided
by the regulations and standards of this chapter.
FRONT YARDA yard extending the full width of a lot and situated between the front lot line and the nearest line of a structure located on the lot.
SIDE YARDA yard situated between the side lot line and the nearest line of a structure located on the lot and extending from the rear line of a required front yard to front line of the required rear yard.
REAR YARDA yard extending the full width of a lot and situated between the rear lot line and the nearest line of a structure located on the lot.
 |
The zoning compliance certificate is issued by the Zoning
Administrator when all work described on the zoning permit is completed
and before occupancy of the structure is permitted. No fee is charged
for the zoning compliance certificate. The zoning compliance certificate
for a nonconforming use states specifically how the nonconforming
use differs from the regulations and standards of this chapter.
The zoning permit is issued by the Zoning Administrator before
construction, alteration, change in use, and/or occupancy of a structure.
Work must begin within 90 days of permit issuance and be substantially
completed within 365 days, except where a permit issued for establishing
a use of land involves no structure. The zoning permit is issued upon
payment of a fee established by the Village Board and upon application
for a zoning compliance certificate.
A zoning permit for a nonconforming use is only issued upon direction from the Zoning Board of Appeals which has granted a request for variance for extending, restoring or altering the nonconforming use. (See § 250-25D.) The permit shall be issued upon direction from the Zoning Board of Appeals to the Zoning Administrator and upon payment of the fee for the variation request and the fee for the zoning permit, as well as upon application for a zoning compliance certificate.
A.
Compliance with regulations. It shall be unlawful to do or perform
any one or more of the following acts, except in compliance with the
provisions of this chapter:
(1)
To erect a new building or structure;
(2)
To erect more than one main building on a lot;
(3)
To excavate for or build any foundation;
(4)
To relocate, convert, enlarge, or structurally alter or reconstruct
any building or structure;
(5)
To establish, expand, enlarge, relocate or change any building or
use of land;
(6)
To establish, expand, enlarge, relocate or change any nonconforming
use.
B.
Evasion of area, yard and parking regulations. It shall be unlawful
to lease, sell or convey a portion of an improved lot when the effect
of such action is to reduce:
C.
Principal and accessory uses. The uses listed as permitted are principal
uses. A building or use that is accessory to a permitted use may be
erected or established as an accessory building or use if:
(1)
It is located on the same lot as the principal use;
(2)
It is customarily incidental to the principal use;
(3)
It complies with the other applicable regulations of this chapter;
and
(4)
It is not erected or established prior to the erection of a main
building where the establishment is a principal use.
D.
Annexation of new territory. All territory which may hereafter be annexed to the Village of Sidney shall be classified in the R-1 Single-Family Residential District until, within a reasonable time following the annexation, the annexed territory shall be appropriately classified by ordinance in accordance with Article VII of this chapter.
A.
Number and designation of districts. The districts into which the
Village is divided by this chapter shall be designated as follows:
|
RR
|
Rural Residential
|
|
R-1
|
Single- and Two-Family Residential District
|
|
R-2
|
Multiple-Family Residential District
|
|
CR
|
Conservation-Recreation District
|
|
C
|
Community Business District
|
|
I
|
Industrial District
|
B.
Zoning Map. The boundaries of the districts established in Subsection A above are hereby established as shown on the map designated as the "Official Zoning Map of Sidney, Champaign County, Illinois." The original of this map shall be signed and dated by the Village Clerk. The map and all information shown on the map shall be a part of this chapter and it shall be filed as part of this chapter with the Village Clerk. A copy of the map shall be available for public reference and notice of the adoption of this map and ordinance shall be filed with the County Recorder of Champaign County. Amendments to this chapter which change the boundary lines of the districts shall, along with this chapter, be made available for public reference in the office of the Village Clerk. In March of each year, the Zoning Map shall be corrected and brought up to date and new copies made available with the Village Clerk for public reference.
C.
Interpretation of map and district boundaries. Boundaries of districts
as shown on the Zoning Map are generally intended to coincide with
the center lines of streets or with property lines.
(1)
If,
on the map, the boundary line of a district:
(a)
Approximates the line of a street, the boundary line shall be
interpreted to be the center line of the street.
(b)
Approximates the boundary line of a platted lot, the district
boundary line shall be interpreted to be the lot line.
(c)
Divides the platted lot or unplatted or unsubdivided property
into district parts, the district boundary line shown on the map shall
be determined by the scale appearing on the map.
