[1975 Code § 21.03; amended by 2003 Code]
A.
Compliance Generally: Except as provided herein, no building, structure
or land shall hereafter be used and no building or part thereof or
structure shall be erected, constructed, reconstructed, occupied,
moved, altered or repaired, except in conformity with the regulations
herein specified for the class of district in which it is located.
B.
Existing Structures And Uses: Any building, structure or use lawfully existing at the time of enactment of this title may be continued, except certain nonconforming uses as provided in Chapter 10-10 of this title.
C.
Bulk Regulations: All new buildings shall conform to the bulk regulations
established herein for the district in which each building is located.
Further, no existing building shall be enlarged, reconstructed, structurally
altered, converted or relocated in such manner to conflict or further
conflict with the bulk regulations of this title for the district
in which such building shall be located.
D.
Exemptions:
1.
The following essential public utility uses are exempted by this
title and permitted in any district: poles, towers, wires, cables,
conduits, vaults, laterals, pipes, mains, valves, or any other similar
distribution equipment for telephone or other communications and electric
power, gas, water and sewer lines.
2.
Steeples are further exempt from the provisions of this title.
[1995 Code § 21.03; amended by Ord. 579, 1-16-1995;
2003 Code]
A.
This title is not intended to abrogate any easement, covenant, or
other private agreement; provided, that where the regulations of this
title are more restrictive or impose higher requirements than such
easements, covenants or other private agreements, the requirements
of this title shall govern.
B.
Final subdivision plats approved by the City and finally adopted
by ordinance as appropriate shall be enforceable by the code compliance
officer in accordance with the requirements and provisions of the
subdivision code of the City. To the extent there is deemed to be
a conflict between the requirements of this title and the requirements
of a subdivision plat or of the subdivision title, the more restrictive
provision shall take precedence and be the requirement to be enforced
by the City.
[1975 Code § 21.03]
If any of the provisions of this title, or amendment hereto,
or the application thereof to any lot, building or other structure
or tract of land are declared by a court of competent jurisdiction
to be invalid or ineffective in whole or in part or to be inapplicable
to any person or situation, the effect of such decision shall be limited
to the provisions which are stated in the decision to be invalid or
ineffective, or to the lot, building or other structure or tract of
land immediately involved in the controversy. Such judgment shall
not affect the application of the provisions of this title to any
other property, building or structure not specifically included in
said judgment.
[1975 Code § 21.03]
In every residential district, every dwelling hereafter erected
or structurally altered shall be located on a lot and in no case shall
there be more than one principal structure on one lot.
[1975 Code § 21.03]
No lot shall contain any structure used as a dwelling unless
it abuts and has primary means of access to at least 44 feet of street
frontage.
[1975 Code § 21.03]
No structure, other than the principal structure on the same lot, shall be used as a dwelling except as provided in Section 10-3-7 of this chapter.
[1975 Code § 21.03; amended by Ord. 292, 3-2-1987; Ord. 667, 5-20-1996;
2003 Code]
A.
Compatible With And Established Subsequent To Principal Use: Accessory
buildings, structures and uses shall be compatible with the principal
uses and shall not be established prior to the establishment of the
principal use.
B.
Location; Lot Coverage:
1.
No accessory building, structure or use other than a private garage
shall be erected in any yard other than a rear yard, nor shall it
occupy more than 30% of a rear yard. The total of all ground space
occupied by all accessory buildings and structures in a rear yard
shall not exceed 30% of said rear yard.
2.
An accessory building, structure or use in a rear yard shall not
be less than 10 feet from any side property line nor less than five
feet from a rear property line; except, that on a corner lot or a
through lot, such accessory building, structure or use shall be set
back from the property line adjoining a street the distance required
for a front yard, unless otherwise required herein for a specific
permitted or additional use.
3.
No accessory building, structure or use shall encroach upon that
side yard of a corner lot which is adjacent to the street.
4.
The rear yard setback for accessory buildings, structures or uses
shall be 50 feet for a through lot.
C.
Construction In Relation To Principal Use: An accessory building, structure or use (including television and radio antenna) may be erected as an integral part of the principal building or, if at least six feet therefrom, may be connected thereto by a breezeway or similar structure, provided all yard requirements of this title for a principal structure are complied with, unless such accessory building (including television and radio antenna) is in a rear yard, in which case, Subsection B of this section shall be applicable.
D.
Chicken Enclosures: Chickens lawfully kept within the City shall be kept within the fenced area of the rear yard at all times. Chickens shall be secured within a hen house during nondaylight hours. Chickens shall not be allowed in areas without a fence, or in the front or side yards at any time. Hen houses, as defined in Section 10-1-3K of this Code, shall be kept in a condition conforming to the following standards:
[Added 2-20-2023 by Ord. No. 23-02-03-51]
1.
Hen houses
shall be kept in a clean, dry, odor-free, neat and sanitary condition
at all times such that they shall not become a nuisance nor create
aesthetic blight.
2.
Hen houses
shall provide adequate ventilation and adequate sun and shade and
shall be impermeable to rodents, wild birds and predators, including
dogs and cats.
3.
Hen houses
shall be designed to provide safe and healthy living conditions for
chickens with a minimum area of four square feet per bird while minimizing
adverse impacts to other residents in the neighborhood.
4.
Hen houses
shall be enclosed on all sides and shall have a roof and doors. Access
doors shall be able to be shut and locked at night. Opening windows
and vents shall be covered with predator- and bird-proof wire of one
inch or smaller openings.
5.
The materials
used in making a hen house shall be uniform for each element of the
structure such that the walls are made of the same material, the roof
has the same shingles or other covering, and any windows or openings
are constructed using the same materials. Construction of hen houses
and chicken tractors shall be done in a good, workmanlike manner.
The use of scrap, waste board, sheet metal, or similar materials is
prohibited.
6.
Hen houses
which store chicken feed must be constructed such that the feed is
stored in rodentproof containers. Uneaten chicken feed shall be removed
in a timely manner.
7.
All stored
manure shall be covered by a fully enclosed structure with a roof
or lid over the entire structure. No more than three cubic feet of
manure shall be stored on the permitted tract of land. All other manure
not used for composting or fertilizing shall be removed. The hen house
and surrounding area shall be kept free from trash and accumulated
droppings.
E.
Beekeeping;
Apiaries: No person shall maintain any colony of bees, including honey
bees, combs, honey, pollen, and brood, anywhere in the City without
complying with the following requirements:
[Added 2-20-2023 by Ord. No. 23-02-04-51]
1.
It shall be the duty of any persons keeping honey bees on property
in the City to maintain each colony so as not to create a public nuisance.
2.
Honey bee colonies shall, in addition, be maintained in the following
condition:
a.
All honey bee hives shall be registered with the State Department
of Agriculture as required by state law.
b.
No person shall locate or maintain a honey bee hive or colony on
property owned or occupied by another person without first obtaining
written permission from the owner or occupant of the property.
c.
Notwithstanding Section 10-3-7B2 of this Code, colonies shall be maintained in movable frames or similar hives located within the rear yard at all times, not less than 10 feet from any property lines, including rear property lines. Colonies located within 20 feet from any property line must be separated from adjoining properties by a flyway barrier at least six feet high. The barrier can be a solid wall, fence, dense vegetation, or combination thereof that is parallel to the property line and extends 10 feet beyond the width of the colony in each direction such that all bees are forced fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the apiary.
d.
No person shall locate or maintain a honey bee hive or colony on
property absent the installation of an autoread water meter.
e.
Colonies shall be set back at least 10 feet from any nearby utility
access point.
f.
Each hive shall be marked with a sign, not to exceed two square feet,
indicating the owner's name, address, and telephone number, along
with an announcement "Bees on Property," in addition to any signage
required by state law.
g.
Adequate techniques, such as requeening, in handling bees, and adequate
space in the hive shall be maintained to prevent unprovoked stinging
10 feet or more from the hive.
h.
Adequate techniques shall be maintained to control and prevent swarming
of bees. Suggested practices for controlling and preventing swarming
include, but are not limited to, baiting hives by creating an attractive
space for the bees to reside and requeening the colony on an annual
basis with a queen bee not less than one year old.
i.
Lots having less than 1/4 acre of land shall be permitted by right
to have not more than three hives.
j.
Lots having equal to or greater than one acre of land shall be permitted
to have not more than three hives plus, as a conditional use, two
additional hives for every 1/2 acre of land over one acre.
k.
Each beekeeper shall ensure that a convenient source of water is
available to the bees at all times during the year so that the bees
will not congregate at swimming pools, pet watering bowls, bird baths
or other water sources where they may cause human, bird or domestic
pet contact. The water shall be maintained so as not to become stagnant.
The water shall be in a location that minimizes any nuisance created
by the bees seeking water on neighboring property.
3.
Any other nest or colony of stinging insects, such as yellow jackets,
hornets, or other varieties of bees; and wasps, including Vespidae;
in trees, buildings, underground, or in any other space; any diseased
colony of honey bees; or any colony of bees not maintained in compliance
with this Code, constitutes a public nuisance. The existence of a
nest of wild bees of any type, not cultivated by any person and whose
honey is not harvested by any person, shall not constitute a violation
of this Code unless such a nest is in such location as to present
a threat of stinging to:
4.
The provisions of this subsection shall not prevent the City from
destroying bees or a bee colony in the event that there is an immediate
need to protect the public safety. The City shall provide notice and
an opportunity for a hearing prior to entering private property and
the abatement of a nuisance hive, unless circumstances require immediate
action and notice cannot be given. In such case, the City will provide
prompt notice and hearing post entry and abatement. In the event the
City finds it necessary to destroy bees or a bee colony through failure
to correct a violation of City ordinance or in protection of public
safety, a fine of no less than $150 shall be assessed to the beekeeper
responsible for the colony. Circumstances necessitating bee or bee
colony destruction will occur when:
a.
There is a bee colony not residing in a hive structure intended for
beekeeping;
b.
There is a dangerous swarm of bees that poses an immediate risk to
the safety of humans; or
c.
There is a colony residing in a standard or man-made hive which,
by virtue of its condition, has obviously been abandoned by the beekeeper.
5.
Any hive or colony found in violation of the City Code but not creating
a public safety hazard shall have a request for inspection of the
hive or colony made to the Illinois Department of Agriculture.
[1975 Code § 21.03; amended by 2003 Code]
A.
All yards and other open space allocated to a building (or group
of buildings comprising one principal use) shall be located on the
same lot as such building. The maintenance of yards and other open
space 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, other open space 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, other open space or minimum
lot area requirements for any other building.
B.
No improved lot shall hereafter be divided into two or more lots
and no portion of any improved lot shall be sold unless all improved
lots resulting from each such division or sale shall conform with
all the applicable bulk regulations of the zoning district in which
the property is located.
C.
No yards, now or hereafter provided for a building existing on the
effective date of this title, shall be reduced below the minimum yard
requirements of this title for equivalent new construction.
[1975 Code § 21.03; amended by Ord. 292, 3-2-1987; Ord. 583, 2-20-1995;
2003 Code; Ord. 05-07-03-51, 7-18-2005]
A.
Permitted Obstructions Enumerated: For the purpose of this title,
the following are permitted obstructions:
Arbors.
Coin operated telephones.
Flagpoles.
Marquees and/or awnings adjoining the principal building.
Ornamental light standards.
Outdoor fuel dispensing equipment.
Overhanging roof eaves and chimneys if they do not exceed 10%
of the required depth of the yard.
Permitted signs.
Shrubs.
Trees.
Trellises.
C.
Corner Lots: Any permitted obstruction described in Subsection A of this section that does not exceed 30 feet in height located within 25 feet of the property line.
D.
Side Yards: Vehicle parking.
E.
Rear Yards: Balconies, breezeways, and open porches; satellite dishes
and antennas; open off street parking spaces; enclosed, attached or
detached off street parking spaces; accessory sheds, toolrooms or
any similar structures customarily accessory to the principal use.
F.
Fences[1]: Fences may be located in those portions of rear and side
yards as shown in exhibit A-1 attached to the ordinance codified herein
on file in the office of the City Clerk and incorporated herein by
reference. Before a fence shall be considered a conforming structure
in the zoning district in which it is constructed (for all construction
taking place after the effective date of this title), building and
occupancy permits shall be required to be obtained and the appropriate
fee paid for each.
[1]
Editor's Note: See also Section 9-2-1 of this Code.
G.
Front Yards: Open, unenclosed ramps, decks, porches, platforms or
landings, not covered by a roof, shall be permitted to extend no more
than six feet (1,829 mm) or 24% of the required front yard, whichever
is less, into the required front yard, provided such porch does not
extend above the first level and is no more than six feet (1,829 mm)
above grade at any point.
[1975 Code § 21.03; amended by 2003 Code; Ord. 04-10-02-51, 10-18-2004]
The location, design and conditions of operation of certain uses require special administrative review. Special permitted uses may be developed in the districts specified if special permits are granted after findings are made by the zoning board of appeals that the special standards and conditions have been met as contained in Section 10-2-4 of this title.
[1975 Code § 21.03; amended by 2003 Code]
Tents may be used as a temporary shelter.
[Ord. 12-07-01-51, 7-9-2012]
Following are standards for specific temporary uses:
A.
Temporary structures, incidental only to the erection of a main building
for a permitted use, are permitted in any district. Such structures
must be removed or dismantled upon completion of the permanent structure.
B.
Garage, rummage, yard and similar sales shall be permitted in residential
districts subject to the following limitations:
1.
No such sale shall be more than four days in duration and the collective
total of all such sales shall not exceed four occasions in any calendar
year.
2.
Any directional or advertising signs for the sale shall be removed
immediately upon closing of the sale.
3.
All directional and advertising signs placed off site shall have
the permission of the owner of the property on which the sign is to
be placed.
