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Village of Brownstown, IL
Fayette County
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Code
New Laws (3) Index
[HISTORY: Adopted by the President and Village Board of the Village of Brownstown. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Figure 1Attachment 2 - Request for Setback VarianceAttachment 3 - Sample Plan for Area Bulk VarianceAttachment 4 - Site Plan
The following setback restrictions shall apply to new construction or improvements within the Village limits. Existing structures may continue to exist as long as there are no structural changes other than maintenance.
(A) 
The setback from alley right-of-ways shall be five feet.
(B) 
All adjoining lots in the Village shall have setbacks of five feet from the side lot lines.
(C) 
The lots adjoining streets shall have the following restrictions:
(1) 
A street with a thirty-four-foot right-of-way shall have a setback of 28 feet from the center of the street.
(2) 
A street with a thirty-five-foot right-of-way shall have a setback of 28 feet from the center of the street.
(3) 
A street with a forty-foot right-of-way shall have a setback of 30 feet from the center of the street.
(4) 
A street with a forty-five-foot right-of-way shall have a setback of 33 feet from the center of the street.
(5) 
A street with a fifty-foot right-of-way shall have a setback of 35 feet from the center of the street.
(6) 
A street with a sixty-foot right-of-way shall have a setback of 40 feet from the center of the street.
(7) 
A street with a sixty-six-foot right-of-way shall have a setback of 43 feet from the center of the street, with the exception of commercial or business locations on Main Street.
(8) 
On Route 40, there shall be a forty-three-foot setback from the center line of the street.
(9) 
On College Street there shall be a forty-foot setback from the center of the street.
(10) 
Village officials shall determine all street centers regarding the aforementioned provisions.
On corner lots, in the triangular portion of land bounded by the street lines and a line joining these street lines at points 15 feet from the point of intersection, no obstruction, whether natural or man-made, shall intrude into the airspace that is between two feet and 10 feet above the level of the adjacent street. (See Figure 1 at the end of this chapter.)[1]
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
In addition, all setbacks established by the county or the Illinois Department of Transportation as provided in the Illinois State Statutes shall be complied with at all times.
In case any structure is erected or constructed in violation of this chapter, the proper officers of the Village, in addition to other remedies, may institute any appropriate action or proceeding 1) to prevent the unlawful erection or construction, 2) to restrain, correct, or abate the violation, 3) to prevent the occupancy of the structure, or 4) to prevent any illegal act, conduct, business, or use in or about the premises.
[Added at time of adoption of Code (see Ch. 1, Administration, Art. I, General Code Provisions, Div. I)]
A property owner may apply for a variance from the setback requirements when the strict enforcement of the regulations of this chapter imposes an undue hardship on the property owner or denies the property owner the reasonable use of his/her land. See the Request for Setback Variance Form included as attachment to this chapter.