Regulations may be amended from time to time by ordinance after
the ordinance establishing them has gone into effect, but no such
amendments shall be made without a hearing before the Village Board
of Trustees and the required period of public notice. In the event
a written protest against any proposed amendment of regulations, specifically
identified and signed by 20% of the property owners in the Village
of Oakwood and acknowledged by the Vermilion County Recorder of Deeds,
is filed with the Village Clerk of the Village of Oakwood, the amendment
shall not be passed except by a favorable vote of at least 2/3 of
the Village Board of Trustees in attendance and meeting the minimum
requirement for a quorum.
As used in this chapter, the following terms shall have the
meanings indicated:
An accessory building is an unattached subordinate building,
the use of which is incidental to, or customarily found in connection
with, and (except as otherwise provided in this chapter) located on
the same lot as the main building or principal use of the land. An
accessory use is one which is incidental to, or customarily found
in connection with, and (except as otherwise provided in this chapter)
on the same lot as the main use of the premises. When "accessory"
is used in the text, it shall have the same meaning as "accessory
use."
A portion of the building located partly or wholly underground
and having 1/2 or more of its floor to ceiling height below the average
grade of the adjoining ground.
All property on one side of a street between two intersecting
streets or between an intersecting street and the dead end of a street,
measured along the line of street.
Any structure including a roof supported by walls, designed,
or intended for the support, enclosure, shelter or protection of persons,
animals, chattels or property and forming a construction that is safe
and stable, constructed on site with building materials and resting
on a foundation; the word "building" shall include the word "structure."
The vertical distance from the grade (elevation of curb,
sidewalk, or average elevation around the structure at the adjacent
street) to the highest point of the structure or building, not including
any roof peak.
Any child-care facility which regularly provides day care
for less than 24 hours per day for more than eight children at any
one time in a family home or private school type facility.
Any child-care facility in a family home which regularly
provides day care for a maximum of eight children at any one time
for less than 24 hours per day.
Areas within the Village of Oakwood that are distinct in
construction and use, which are recognized to require distinct application
of regulation, and thereby distinct permits.
Any building, or portion thereof, designed and used exclusively
for residential purposes, constructed on site with building materials
and resting on a foundation.
A room or group of rooms within a dwelling and forming a
single habitable unit with the facilities for living, sleeping, and
cooking.
A dwelling operated under state license or certification,
or contract to provide supervision, food, lodging, or other services
to a service dependent population as herein defined, living and cooking
together in a single cooperative housekeeping unit, consisting of:
(a) a basic group of members of a service dependent population; and
(b) additional staff persons providing supervision of service to the
basic group, as specified in aforesaid licensing, certification or
contract regulations. Community living facilities are limited to one
per structure.
A community living facility dwelling with a basic group limited
to not more than five service dependent individuals plus a maximum
of two resident (live in) staff at any given time, subject to a higher
number of staff if required to meet state or federal regulations.
Said facility is intended for permanent placements, and shall not
be for crisis or short-term transient placements.
A community living facility dwelling with a basic group limited
to not more than eight service-dependent individuals plus a maximum
of two resident (live-in) staff at any given time, subject to a higher
number of staff if required to meet state or federal regulations.
Said facility is intended for permanent placements, and shall not
be for crisis or short-term transient placements.
A community living facility dwelling with a basic group limited
to not more than 15 service-dependent individuals plus a maximum of
four resident (live-in) staff at any time, subject to a higher number
if required to meet state or federal regulations. Said facility may
be used for temporary placement of service-dependent individuals.
A dwelling which is designed for or occupied by three or
more families occupying separate living quarters, but not including
a row house building.
A building designed for use or occupied exclusively by one
family.
A building designed for or occupied exclusively by two families.
A person living alone, or two or more persons living together
as a single housekeeping unit in a dwelling unit, as distinguished
from a group occupying a rooming house, motel, hotel, fraternity,
or sorority house; provided, however, that for the purpose of definition,
"family" shall not mean more than four persons unrelated to each other
by blood, marriage, or legal adoption. "Family" shall include members
of a service-dependent population living in community living facilities
as herein defined.
The sum of the gross horizontal areas of all floors of a
building, measured from the exterior faces of the exterior walls or
from the center line of walls separating buildings, but not including
cellar or basement space not used for retailing and not including
accessory off-street parking or loading space.
An accessory building used only for the housing of motor
vehicles, without their equipment for operation, repair, hire or sale.
A garage, other than a private garage, used only for the
housing of motor vehicles, without their equipment for operation,
repair, hire or sale.
A structure or portion thereof used for the operations of
the Village of Oakwood, State of Illinois, federal government, or
any other unit of government authorized by municipal, state, or federal
legislation. Buildings owned by a governmental entity which are leased
or operated as a private enterprise shall not be classified as a government
building.
Any occupation or activity which is clearly incidental and
secondary to use of the premises for dwelling and which is carried
on wholly within the main building or accessory building by a member
of the family, for 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 or
accessory building, and in connection with which not more than one
person outside the family is employed and no equipment used or other
result of the home occupation which creates offensive noise, vibration,
smoke, dust, odors, heat or glare. When within the above requirements,
a home occupation includes, but is not limited to, the following:
lawyer, engineer, architect, accountant, salesman, real estate agent,
insurance agent or other similar occupation and art studio, dressmaking,
professional office of a physician and teaching, with musical instruction
limited to not more than two pupils at a time. Home occupation, however,
shall not include commercial breeding, boarding, or training of animals,
or other business where animals are on the premises, other than a
dog or cat grooming business.
A building in which lodging, or lodging and meals, are regularly
provided or offered to the public for compensation and which is customarily
open to transient guests.
A parcel of land occupied or intended for occupancy by a
use permitted in this chapter, including one main building together
with its accessory building, and the open spaces and parking spaces
required by this chapter, and having its principal frontage upon a
street.
A lot or parcel of land, the plat, map, or deed to which
has been recorded in the Office of the County Recorder of Vermilion
County prior to the adoption of this chapter.
A street designated as a major street or master street on
the official street plan.
Any type of prefabricated structure intended to be used as
a residence assembled in a factory, and transported and affixed to
a lot or premises to be set on a masonry foundation and permanently
connected to utilities such as electrical, water, sanitary, or natural
gas.
Any structure used for living, sleeping, business or storage
purposes which has no foundation other than wheels, blocks, skids,
jacks, horses or skirting and which has been, or reasonably may be,
equipped with wheels or other devices for moving the structure from
place to place, whether by motive power or by other means. No mobile
home or house trailer, as herein defined, shall be construed as a
dwelling. For purposes of this chapter, the following items shall
not be included within the definition of mobile home or house trailer:
boat trailers, single- or dual-axle utility trailers, construction
trailers located on an active or soon-to-be-active construction site,
campers, motor homes, wagons, cargo containers, semitrailers or semi-truck
sleeping quarters, box trucks, or vehicles used only for recreation,
any conveyance recognized as a mode for transportation, or any enclosure
which is not at any time permanently connected to utilities such as
electrical, water, sanitary, or natural gas.
Any building or land lawfully occupied at the time of passage
of this chapter and all amendments thereto, which does not conform
with the use regulations of the district within which it is located.
A written approval issued by the Village of Oakwood, after
meeting the current International Building Code requirements for safety
and health, to permit occupancy of a building, dwelling, mobile home,
house trailer, manufactured home, lot, premises, row house building,
or row house dwelling, warehouse, and establishment of residence within
the Village of Oakwood and permanently connect to or to resume use
of public utilities.
A surfaced area, which unless otherwise provided in this
chapter, connected to a public street or alley by a surfaced driveway
and permanently reserved for the parking or storage of one motor vehicle.
A drawing of a lot showing its dimensions, the building arrangement
thereon and such other information as may be needed for enforcement
of this chapter.
A lot, together with all buildings and structures thereon.
A building which contains a row of two or more single-family
attached dwelling units, each unit being separated from the adjoining
units in each story by walls without openings, and each unit having
independent access to the exterior of the building in the ground story
and each unit being located on a separate lot.
A dwelling unit which is part of a row house building.
The measurement extending across the front yard of a lot
and being the minimum horizontal distance between the front of the
main building or any projections thereof, other than the projections
of uncovered steps, balconies, terraces, porches, decks, or entryways
to the front property line.
The measurement extending across the rear yard of the lot
and being the minimum horizontal distance between the rear of the
main building or any projection thereof, other than uncovered steps,
balconies, terraces, porches, decks, or entryways to the rear property
line.
The measurement extending across the side yard of the lot
and being the minimum horizontal distance between the side of the
main building and any projection thereof, other than uncovered steps,
balconies, terraces, porches, decks, or entryways to any lots adjacent
or to the side property line.
Any structure or part thereof, or any device attached to,
painted on, or represented on a building or other structure, upon
which is displayed or included any letters, work, model, banner, flag,
pennant, insignia, decoration, device, or representation used as,
or which is in the nature of an announcement, direction, advertisement
or other attention-directing device. A sign shall not include a similar
structure or device located within a building except for illuminated
signs within show windows. A sign includes any billboard but does
not include the flag, pennant or insignia of a nation or association
of nations, or of any state, city, or other political unit, or of
any political, charitable, educational, philanthropic, civic, professional,
religious or like campaign, drive, movement, or event. The size limits
for signs, as provided hereinafter, are cumulative and shall apply
to the total of all signs on a single lot. Double-sided signs shall
count as two signs.
That area within a line including the outer extremities of
all letters, figures, characters, and delineations or within a line
including the outer extremities of the framework or background of
the sign, whichever line includes the larger area. The support for
the sign background, whether it be columns, a pylon or a building
or part thereof, shall not be included in the sign area.
That portion of a building, other than a basement, included
between the surface of any floor and the surface of the floor next
above it or, if there is not floor above it, the space between the
floor and the ceiling next above it. A half story is a partial story
under a gable, hip or gambrel roof, the wall plates of which on at
least two opposite exterior walls are not more than four feet above
the floor of each story.
Any public or private way set-aside as a permanent right-of-way
for traffic purposes.
Any change in structural members of a building such as walls,
columns, rafters, beams, or girders.
Anything constructed or erected, the use of which requires
permanent location on the ground.
A building within which raw materials, goods, or equipment
including vehicles, are kept and wherein no manufacturing, assembly,
construction, repair, sales, or other activity is performed except
for the packaging of goods and materials for shipment.
A building or buildings containing multiple, independently
accessible spaces where raw materials, goods or equipment, or personal
goods including personal vehicles, are kept and wherein no other commercial
or industrial activity occurs.
An open space on the same lot with a building unobstructed
from the ground upward and measured as the area between the lot line
and the main building.
A yard extending across the front of a lot and being the
area between the front lot line and the main building or any projections
therefrom. The front yard shall run the full width of the lot. On
corner lots, the yards fronting both streets shall be considered front
yards, and the front yards shall run the full width of the lot on
both street frontages.
A yard extending across the rear of the lot and being the
area between the rear lot line and the rear of the main building or
any projection therefrom. The rear yard shall run the full width of
the lot; except on corner lots, the rear yard shall only extend to
the side lot line on the side to the rear of the side yard.
A yard between the main building and the sideline of the
lot, and between the front yard and the rear yard. Corner lots shall
have only one side yard.
Where uncertainty exists with respect to the boundaries of any
property, lot, or premises as shown on plat maps, the following rules
shall apply until a survey is performed by a licensed surveyor:
A.
Where boundaries are indicated as approximately following the center
lines of alleys, streets, or highways, said alley, street lines or
highway right-of-way lines as existing shall be construed to be such
boundaries regardless of whether the plat drawings reflect existing
conditions.
B.
Where district boundaries are so indicated that they approximately
follow the lot lines, such lot lines as existing based on surrounding
alleys, streets, or highways in relation to public utility locations
shown on the plat map shall be construed to be said boundaries.
C.
The Village of Oakwood will determine said boundaries to the best
agreement of visible or easily identified alleys, streets, or highways
in relation to public utility locations for permit approval purposes
and setbacks. Determining the exact boundary locations is the responsibility
of the property owner by hiring a licensed surveyor and providing
a professional survey by said surveyor to the Village of Oakwood in
consideration of the permit application.
A.
The districts into which the Village is divided shall be designated
as follows (a map of said areas is attached hereto as Exhibit A):[1]
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"A" Agricultural District is designed for agricultural uses
on lands primarily in the outlying areas of the Village prior to planned
unit development projects of those areas. When such projects occur,
it is expected that these areas will be rezoned to a class other than
agricultural, in keeping with the general plan of that portion of
the Village of Oakwood.
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"R-1" Residential District. An area of structures intended to
provide dwellings (single) as suburban residences with moderate-sized
lots with dwellings of livable space 1,200 square feet or greater.
The density shall not exceed four gross dwelling units per acre.
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"R-2" Residential District (Mobile or Manufactured Home). An
area of structures, transportable in one or more sections, that while
in the traveling mode is eight feet or more in width or 40 feet or
more in length, or, when erected on site, is 320 square feet or more,
and that is built on a permanent chassis and designed to be used as
a mobile home or house trailer with or without a permanent foundation
when connected to the required utilities, and includes the plumbing,
heating, air conditioning, and electrical systems contained therein.
This definition excludes: motor vehicles, boat trailers, single- or
dual-axle utility trailers, permitted temporary construction trailers,
campers, or recreational vehicles.
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"R-3" Residential District. An area of structures intended to
provide dwellings (two-family), dwellings (multiple), and community
living facilities that are classified as Categories I, II, or III.
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"C" Commercial District is intended to provide for most of the
existing retail and service needs of the Village, excepting the downtown
business districts, large-scale and bulk commercial uses, and uses
which require outdoor display of material, merchandise, or inventory.
This district recognizes that most of the existing retail and service
uses are located adjacent to residential land uses. The designation
of a district shall permit the continued existence and expansion of
commercial uses, while reducing the conflict between residential and
nonresidential uses.
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"I" Industrial District is intended to provide an area for manufacturing,
assembly, warehousing, and other operations that require heavy equipment,
produces additional noise, and chemicals. Every use of land or structures
shall be operated in compliance with all applicable local, state and
federal regulations, including the State of Illinois Pollution Control
Board rules and regulations hereby incorporated by reference. Every
application for a building permit or occupancy permit within an Industrial
District shall have affixed to it the certificate of a registered
professional engineer licensed by the State of Illinois certifying
that the building or structure, and the proposed use thereof, complies
with all the provisions of this Zoning Code respecting performance
standards for industrial and similar uses. The Zoning Administrator
shall, upon receipt and upon complete review (either by said Zoning
Administrator and/or any outside technical review agency selected
by the Village) of such application, approve and authorize the issuance
of a building permit or occupancy permit, provided the applicant has
complied with all other relevant provisions of this code.
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[1]
Editor's Note: Exhibit A is on file in the Village offices.
B.
If the Zoning Administrator determines it desirable to have some
outside technical agency review applicant plans and permit application,
then the applicant shall pay to the Village in advance a sum sufficient
to reimburse the Village for such technical reviews. The Zoning Administrator
may, however, withhold issuance of a building permit or occupancy
permit because of examination of the plans or based on other evidence
if the proposed activity will not in fact comply with the performance
standards. The Zoning Administrator shall advise the applicant's
architect or engineer in writing of such denial.
C.
The Zoning Administrator may also obtain an injunction or other appropriate
legal or equitable relief, including but not limited to specific performance,
writ of mandamus or mandatory injunction, to prevent, remedy, or abate
any violations which occur after a building or occupancy permit is
issued, which relief shall be in addition to any ordinance prosecutions
for fines only. Each day a violation exists shall be considered a
separate occurrence and violation as outlined in this Zoning Code.
D.
The boundaries of these districts are shown on the District Map,
referred to herein and made part of this chapter by reference. The
original District Map shall be properly attested to and kept on file
with the Village Clerk, as well as at the office of the County Recorder
of Vermilion County.
E.
The District Map shall be reviewed in January of each year by the
Village Board of Trustees. Any proposed changes shall be voted upon,
and the District Map shall be updated accordingly.
A.
Permitted uses. The following uses shall be permitted in the Village
of Oakwood:
(1)
Accessory buildings subject to size and setback requirements.
(2)
Manufactured home subject to size and setback requirements.
(3)
Mobile home or house trailer in the mobile home park subject to size
and setback requirements.
(4)
Parking, both private and public, with access beyond private lot
lines.
(5)
Pool, hot tub, pond, or other water storage or holding apparatus.
(6)
Private and public property maintenance, subject to improvement value.
(7)
Private gardening, nurseries, orchards, and greenhouses.
(8)
Publicly owned and operated property subject to size and setback
requirements.
(9)
Pumping or booster stations along a pipeline, or substations along
an electric transmission line.
(10)
Roadside stands offering for sale only farm products which are
produced on the premises.
(11)
Single-family dwelling subject to size and setback requirements.
(12)
Temporary buildings, the uses of which are incidental to construction
operations being conducted on the same or adjoining tract or subdivisions
and which shall be removed upon completion or abandonment of such
construction, or upon the expiration of a period of two years from
the time of erection of such temporary buildings, whichever is sooner.
B.
Special uses. The following uses shall be allowed by special use
permit only:
(1)
Cemetery or mausoleum.
(2)
Churches, or similar places of worship, parish houses, convents.
(3)
Community living facility dwelling, category I, II, or III.
(4)
Commercial retail facility.
(5)
Commercial unit(s) for improvements that were built prior to 1980,
as a commercial unit(s) and being converted to residential use.
(6)
Convalescent home, nursing home or housing for the elderly.
(7)
Country clubs and golf courses, miniature golf courses, and practice
driving ranges.
(8)
Drive-in restaurant.
(9)
Drive-in theater.
(10)
Filling stations, automobile repair shops, automobile body shops.
(11)
Funeral home.
(12)
Government buildings.
(13)
Industrial manufacturing facility.
(14)
Medical or veterinary hospital, clinic, or institution.
(15)
Multiple-family dwelling.
(16)
Parking facilities for nonresidential uses.
(17)
Pavilion for public use.
(18)
Pharmacy.
(19)
Printing shop.
(20)
Preschool/day-care/child-care facility.
(21)
Public or private schools.
(22)
Public and parochial schools and institutions of higher education,
public libraries, municipal buildings.
(23)
Public parks, public playgrounds, and recreational areas operated
by membership organizations for the benefit of their members and not
for gain.
(24)
Public parks, playgrounds, recreation areas and conservation
areas.
(25)
Radio tower, broadcasting station or telecommunications tower.
(26)
Removal of gravel, topsoil, or similar natural material.
(27)
Riding stable.
(28)
Roadside stand, commercial amusement, or recreational development
for temporary or seasonal periods.
(29)
Row house dwellings.
(30)
Stores and shops where goods are sold and/or services are rendered
primarily at retail.
(31)
Theaters (except drive-in theaters), assembly halls, restaurants,
and cafes.
(32)
Fire or electrical shops or similar trade.
(33)
Two-family dwelling.
(34)
Warehouse, including self-storage warehouse.
(35)
Welding shops.
(36)
Wholesale merchandising when incidental and subordinate to a
primary retail business.
C.
Any special use permit is subject to the provisions specified for
such districts and allow:
(1)
Compounding of cosmetics, toiletries, drugs, and pharmaceutical products.
(2)
Manufacturing uses which do not create any more danger to health
and safety in surrounding areas and which do not create any more offensive
noise, vibration, smoke, dust, lint, odors, heat, or glare than that
which is generally associated with light industries.
(3)
Manufacture of boxes, crates, furniture, baskets, veneer, and other
wood products of a similar nature.
(4)
Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery,
clothing and fabrics, printing and finishing of textiles and fibers
into fabric goods.
(5)
Manufacture or assembly of medical and dental equipment, drafting,
optical and musical instruments, watches, clocks, toys, games and
electrical or electronic apparatus.
(6)
Manufacture or storage of food products, including beverage blending
or bottling, bakery products, candy manufacture, fruit and vegetable
processing and canning, packing, and processing of meat, and poultry
products, but not slaughtering of poultry or animals.
(7)
Wholesale merchandising or storage warehouses.
Except as provided elsewhere in this code, the area, height,
and yard regulations shall be shown as in the following table. Setbacks
shall be measured from the nearest parallel parcel lot line.
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District
|
Maximum Height
|
Minimum Yard Setbacks Depth/Width
(feet)
|
Minimum Average Lot Width
(feet)
|
Minimum Lot Area Per Family
(square feet)
| |||||
|---|---|---|---|---|---|---|---|---|---|
|
Stories
|
Feet
|
Front
|
Side
|
Rear
|
Single
|
Two
|
Multiple
| ||
|
A
|
4
|
50
|
15
|
15
|
15
|
100
|
N/A
|
N/A
|
N/A
|
|
R
|
2.5
|
35
|
30
|
15
|
30
|
75a
|
7,500
|
4,000
|
3,000
|
|
C
|
3
|
40
|
15
|
10
|
15
|
None
|
N/A
|
N/A
|
N/A
|
|
I
|
N/A
|
N/A
|
25
|
25
|
25
|
None
|
N/A
|
N/A
|
N/A
|
|
NOTES:
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The lot width between the farthest front point of the main building
and the farthest back point of the main building shall be no less
than 75 feet in R Districts. If a lot has a narrow driveway access
(e.g., "pennant-shaped lot") at the front or the back, the narrow
access area shall be included in calculating the average lot width.
Any such narrow access drive shall be excluded in calculating the
setback requirement if the Zoning Administrator determines that to
do so is consistent with the intent of this code. In no event shall
any pennant-shaped have a frontage to a road of less than 35 feet
or a setback from any boundary line of less than that required for
the side yard setback.
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A.
The height and area regulations specified in the foregoing are modified
as specified below to allow for existing conditions and approved variances
within the specified district.
B.
Any lot of record at the time of passage of this chapter having less
area or width than herein required may be used for a single-family
dwelling.
C.
In commercial districts only, the front yard setback may be reduced
to the same distance as an immediately adjacent, existing building
in the same block. In residential districts, the front yard setback
requirement shall be reduced to the greater of the existing setback
of two immediately adjacent existing houses.
D.
A side yard shall be maintained on each side, but such side yard
setback may be reduced to 10% of the lot width on existing lots of
less than 75 feet in width; provided, however, that no side yard setback
shall be less than 7 1/2 feet.
E.
The side yard setback on the street side of a corner lot shall be
the same as the required front yard setback on such street, except
that the buildable width of the front of the building shall not be
reduced to less than 32 feet, and no accessory building shall project
beyond the required front yard on either street.
F.
The side yard setback on a two-family dwelling shall equal a one-family
dwelling on one lot.
G.
A rear yard setback may be reduced to 20% of the depth of the lot
on any lot not exceeding 125 feet in depth.
H.
The ordinary projection of roof overhangs, sills, belt courses, cornices,
and ornamental features, except for covered porches and patios, may
not exceed 24 inches when the main building is located at the minimum
allowed setback.
I.
Where a lot is in a commercial or industrial district and is used
for commercial or industrial purposes, more than one main building
may be located on the lot or tract but only when such buildings conform
to all open space requirements around the lot for the district in
which the lot is located.
J.
In residential districts and agricultural districts, chimneys and
antennas may be no higher than five feet above the highest point of
the roof. In commercial and industrial districts, chimneys, antennas,
mechanical apparatus, elevator tower and stair towers may be no higher
than 10 feet above the highest point of the building.
K.
Public, semipublic, or public service buildings, hospitals, institutions,
churches, and schools, when permitted in a district, may be erected
to exceed height limits specified for the district, provided all required
setbacks are increased by one foot for each one foot of building height
above the specified height limit.
Special regulations regarding row houses shall be as follows:
A.
In districts where row house buildings are permitted and row houses
are to be constructed (or converted from apartments) for sale, each
on its own separate lot, to individual owners, such row houses shall
not be subject to the minimum lot requirements but instead shall be
subject to the minimum requirements specified in this chapter.
B.
Minimum lot area for a row house lot shall be not less than 4,000
square feet per house.
C.
Minimum frontage of a row house lot on a public street shall be not
less than 30 feet on a standard lot and not less than 50 feet on a
corner lot.
D.
No side yard shall be required along any side lot line which is common
to two attached row houses, whether they be on interior or exterior
row house lots. One side yard conforming to the minimum residential
setback requirement shall be required along the side lot lines of
an exterior row house lot where such lot is not common to that of
any other attached row house.
E.
Front yard and rear yard requirements for all row house lots containing
row houses shall conform to the minimum residential setback requirements.
F.
A minimum lot width of 40 feet shall be provided for all interior
row house lots.
G.
Row houses shall be developed on subdivided lots with no more than
three units per building, nor shall such building exceed 120 feet
in continuous width.
H.
The maximum lot coverage (by a row house dwelling) for a row house
lot shall be 40% and not less than 1,800 square feet of open space
shall be provided on each row house lot.
I.
Exterior treatment of attached row houses shall be integrated. Exterior
of buildings shall be maintained in their original color and treatment
unless otherwise agreed to in writing by all affected lot owners.
J.
An unobstructed easement shall be provided across the side and rear
eight feet of each exterior row house lot, when adjacent to an interior
row house lot, and across the rear eight feet of each interior row
house lot, when adjacent to another interior row house lot, for ingress
and egress of adjacent interior row house lot owners for access and
maintenance purposes. Said access easement shall be unobstructed and
physically passable. This easement shall be incorporated into each
deed-transferring ordinance to the property and any replat of the
lots involved.
K.
A party wall agreement shall be included in the subdivision covenants
for each row house lot setting forth provisions for repair of common
walls, repair of common utility service connections, reconstruction
of the common building in the event of damage or destruction of one
or all of the dwelling units and common maintenance and repair of
joint facilities.
L.
The coincident property walls (party wall) of each row house shall
be constructed in a manner which complies with the standards for common
walls, and in any event, each common wall shall have a minimum fire
resistance rating of not less than two hours.
Accessory buildings and uses are permitted when in accordance
with the following:
A.
A noncommercial greenhouse that does not exceed in floor area 25%
of the ground floor area of the main building.
B.
A private residential garage used only for the housing of passenger
vehicles and with a floor area of not to exceed 750 square feet. An
additional floor area of 100 square feet may be provided for each
3,000 square feet of lot area by which such lot exceeds 6,000 square
feet, provided that no garage shall exceed 1,500 square feet nor house
more than five passenger vehicles.
C.
An accessory building may be placed only within a required rear yard
area, which is defined as 20 feet farther back from the front of the
main building if also located in a side yard area and may occupy not
more than 30% of the area of such required rear yard, provided that
no part of said structures, including any overhang or other projections
therefrom, shall be located closer than three feet to the rear lot
line, nor closer than three feet to the side lot line.
D.
To the benefit and use related to residential occupation of a dwelling
or mobile home for storage of yard maintenance equipment, pool maintenance
equipment, or similar benefit to remote use from the main dwelling.
E.
Tennis courts, swimming pools, yard sheds, pergolas, ornamental gates,
barbecue ovens, fireplaces or burn pits, fences, and similar uses
customarily accessory to residential uses.
F.
Vegetable or flower gardens.
G.
Trees, shrubs, or ornamental plants given that overhang of such items,
and not just the base, trunk, or stems entering the ground, extending
across lot lines may result in costs and liability for removal by
the property owner where the base, trunk, or stems entering the ground
originate. Property owners may not plant any item on the property
line as a marker, divider, or separation of property and must maintain
all items that grow outside or beyond their lot line including items
located between a public sidewalk and the property lot line. Trees,
shrubs, or ornamental plants in an easement or public right-of-way
may be removed by the Village of Oakwood without notice and the cost
of removal invoiced to the property owner where the trees, shrubs,
or ornamental plants base, trunk, or stems entering the ground originated.
Trees and shrubs may not be planted between a public or private road
and sidewalk for public use.
H.
No accessory building shall be constructed upon a lot until the construction
of the main building has commenced, and no accessory building shall
be used unless the main building on the lot is also being used. However,
nothing shall prevent the use of a temporary construction shed or
road wagon for the storage of tools, material, and equipment by a
contractor during building construction.
I.
Accessory buildings may not be used as dwelling units or for sleeping
purposes.
Private swimming pools, hot tubs, ponds, or portion thereof,
including but not limited to aprons, walks, greenery, shrubs, etc.
and mechanical equipment integral to the system (hereafter "pool"),
are permitted as an accessory to residential use and subject to setbacks.
Private aboveground swimming pools of a designed water depth of less
than two feet and that do not contain an electric water pump or plumbing
are exempt. The permit fee shall be $50 for each required visit by
a representative of the Village of Oakwood to approve a pool permit
application. The property owner must provide documentation of proper
wiring, plumbing, fence or means of preventing access to the area,
and avoidance of both overhead and underground utilities. The property
owner shall be responsible for identifying utilities at the site prior
to the schedule permit approval site visit. All swimming pools with
an electrical pump and hot tubs must be ground-fault protected and
satisfy requirements listed in the National Electrical Code 2022.
A.
A private pool must be operated for the exclusive use of residents
of the lot and their invited guests and not operated as a business
or private club.
B.
A pool shall not be located within a front yard, or side yard closer
to the front property line than the main building and shall not be
located closer than five feet to a rear or side property lot line
nor located closer than three feet of any utility easement area.
C.
A pool shall not be located closer than 10 feet measured horizontally
from an overhead electrical wire, telephone wire, cable TV wire, or
any other type of wire, nor within 25 feet measured horizontally from
high-voltage electrical feeder wires (i.e., power poles). All diving
boards, diving platforms, and diving towers shall not be located closer
than 17 feet measured horizontally from all overhead wires.
D.
A pool shall not be located closer than five feet measured horizontally
from a buried wire unless buried wire is routed in approved underground
conduit.
E.
A pool shall not change the existing water drainage characteristics
of the site to cause water to drain onto an adjacent property.
F.
Pools of a design water depth of three feet or more must be enclosed
by a separate fence of at least four feet high and gates of at least
four feet high with lockable latches, constructed without horizontal
rungs or points that could be used for climbing the fence. The side
walls of an aboveground pool shall not be considered as a fence for
the purpose of satisfying the requirements of this chapter.
G.
The maximum width of openings (spacing/gaps) in the fence shall be
four inches. The maximum spacing between the bottom of the fence and
the ground shall be two inches.
A.
Any mobile homes or house trailers (hereafter "mobile home") brought
into the Village of Oakwood after the time of passage of this chapter
and all amendments thereto, shall only be installed in the mobile
home park area except for designated construction trailers used during
the period of construction and removed immediately at the conclusion
of construction and prior to receiving and occupancy permit.
B.
A mobile home shall not be located and used for living, sleeping,
business, commercial or storage purposes outside of the approved mobile
home park.
C.
A mobile home shall have been manufactured within the preceding five
years of the date it is brought into or relocated within the Village
of Oakwood.
D.
A mobile home shall be separated from other mobile homes by an open
yard of not less than 20 feet.
E.
A mobile home lot shall have a width of greater than 30 feet or a
depth of greater than 100 feet.
F.
A mobile home shall not occupy more than 25% of the respective lot
area. The accumulated occupied area of the mobile home and its accessory
structures on a mobile home lot, including parking space and driveway,
shall not exceed 50% of the respective lot area.
G.
All mobile homes shall be located at 40 feet from the exterior property
district boundary line of it is located within.
H.
All mobile homes or other structures shall have a front and rear
yard of at least 25 feet from the right-of-way of any public or private
street.
I.
A mobile home shall be located within 100 feet of a public or private
street, and shall have free and unobstructed access to the street.
J.
A mobile home stand shall have, or shall be improved to have, adequate
support to tie down the mobile home. The stand shall not heave, shift,
or settle unevenly under the weight of the mobile home due to frost
action, inadequate drainage, vibration, wind, or other forces acting
on the structure. Anchors or tie-downs shall comply with the Tiedown
Act[1] administered by the Illinois Department of Public Health.
[1]
Editor's Note: See 210 ILCS 120/1 et seq.
K.
Each mobile home lot shall be provided with an outdoor living and
service area. The minimum area shall be not less than 300 square feet,
with at least one open area dimension of 15 feet.
L.
Each mobile home shall be skirted to enclose the space between the
ground and the bottom of the mobile home.
M.
It shall be unlawful for any person to bring into or relocate a mobile
home within the corporate limits of the Village of Oakwood without
first securing a permit to do so.
No building shall be erected, enlarged to the extent of increasing
the floor area by 20% or more, or changed in use unless there is provided
on the lot or already provided by public parking spaces within 300
feet of the front door of the building, space for the parking of passenger
vehicles or other vehicles in accordance with the following minimum
requirements. Duplicate counting of public parking spaces shall only
be permitted when there is also no overlap in days and hours of operation
for existing buildings in the area. For example, multiple businesses
with equivalent business hours may not each count the same public
parking spaces in the available number of overall parking places to
meet the requirements below.
A.
Any auditorium, theater, and other place of public assembly must
have one parking space for each five seats.
B.
Any church or temple must have one parking space for each five seats
in the main auditorium.
C.
Any community center, library, museum, or similar public or semipublic
building must have one parking space for each 300 square feet of floor
area in the building.
D.
Any day-care facility must have three parking spaces for each two
employees.
E.
Any funeral home must have one parking space for each 100 square
feet of parlor area, plus one space for each vehicle maintained on
the premises.
F.
Any gasoline and service station must have one parking space for
each 250 square feet of floor area devoted to retail sales. The area
designated for cars using the pump islands may not be counted as parking
spaces.
G.
Any hotel and motel must have three parking spaces, plus one space
for each sleeping room or suite.
H.
Any manufacturing or industrial establishment must have two parking
spaces for every three employees on the maximum shift or one space
for each 1,000 square feet of floor area, whichever is greater, plus
space to accommodate all trucks and other vehicles used in connection
therewith.
I.
Any medical/dental clinic, or bank building must have one parking
space for each 250 square feet of the gross area used for this purpose.
J.
Any mobile home, house trailer, or manufactured home must have two
spaces for each unit.
K.
Any multiple dwellings must have two spaces for each dwelling unit,
provided that for any unit with more than 300 square feet of bedroom
area, one additional parking space shall be provided for each additional
100 square feet, or part thereof, more than said 300 square feet of
bedroom area.
L.
Any nursing home/residential care facility/elderly housing must have
one parking space for every two beds.
M.
Any private club or lodge must have one parking space for each 400
square feet of floor area.
N.
Any restaurant, cafe, fast food, or bar, pub, saloon must have one
parking space for each 150 square feet.
O.
Any retail establishment must have one parking space for each 250
square feet of floor area.
P.
Any high schools, colleges, and universities must have 10 spaces
per classroom, and elementary schools must have two parking spaces
per classroom.
Q.
Any single-family and two-family dwellings must have two spaces for
each dwelling unit.
R.
Any wholesale, warehouse or similar establishment must have one space
for each 2,000 square feet of floor area.
S.
All other nonresidential buildings, except those above specified,
must have one space for each 300 square feet of floor area.
In computing the number of required off street parking spaces,
the following rules shall apply:
A.
"Floor area" shall mean the gross floor area of the specified use,
excluding any floor or portion thereof used for parking, as herein
defined.
B.
Where fractional spaces result, the parking spaces required shall
be the nearest whole number.
C.
In the case of mixed uses, the parking spaces required shall equal
the sum of the requirements of the various uses computed separately.
D.
Whenever a building or use constructed or established after 2005,
is changed or enlarged in floor area, number of employees, number
of dwelling units, seating capacity or otherwise, parking spaces shall
be provided based on the enlargement or change. Whenever a building
or use existing prior to 2005 is reconstructed or is enlarged to the
extent of 20% or more in floor area, said building or use, in its
entirety, shall then and thereafter comply with the parking requirements
set forth herein. Any enlargement or change in use of less than 20%
of the gross floor area shall be provided with additional parking
based on the enlargement or change.
A.
All permanent regular parking and driveway areas shall be established
using an approved surface such as concrete, asphalt, or gravel or
firm aggregate (hereafter "paving").
B.
All parking, access to parking such as driveways and approaches,
or passages between public sidewalks must meet the current addition
of IDOT Standard Specifications for Road and Bridge Construction.
C.
Parking shall be maintained in a usable, dustproof condition and
graded and drained to dispose of all surface water.
D.
Whenever lighting is provided, it shall be hooded or shielded as
to direct light downward and away from abutting or neighboring property,
including any public right-of-way.
E.
Permanent regular parking in grass, alleys, easements, or any other
unapproved surface is not permitted.
F.
Designated parking spaces must be accessed by continuous driveways
from the public right-of-way.
G.
Designated parking spaces between a public or private road and public
sidewalk must meet the requirements of this chapter.
H.
Designated parking spaces between a public or private road and public
sidewalk for private use must receive a permit from the Village of
Oakwood. Private parking spaces between a public or private road and
public sidewalk for private use will be considered a public parking
place unless permission to post a private parking sign is granted
to the adjacent homeowner by the Village of Oakwood. In no case can
a private drive be blocked, nor the area between the private parking
area and public or private road be blocked and used for public parking.
I.
Parking at a residential lot is required to be located directly in
front of the garage door(s), when present, to the nearest public right-of-way
and not wider than 150% of the width of the garage doors on the main
building to minimize paving of the lot. Additional paving for areas
devoted to parking and access thereto shall not exceed 20% of the
total remaining lot area after subtraction of the dwelling area and
accessory building(s) area from the lot area.
J.
Multiple dwelling, nonresidential, commercial and industrial uses
shall have the location of each parking space and the direction of
movement along the access driveways indicated by painting upon the
surface of the lot. A structurally sound abutment shall be installed
and so placed around each side of the parking lot to ensure that no
part of an automobile either extends over or is capable of accidentally
rolling across the property line of the parking lot.
K.
All commercial and industrial parking must allow for snowplows and
heavy vehicles for garbage disposal or delivery trucks.
L.
On residential lots, the following shall regulate the parking of
heavy trucks, trailers, recreational vehicles, watercraft, and off-the-road
vehicles:
(1)
No person shall park any vehicle more than 10,000 pounds, bucket
truck, semitrailer, heavy equipment trailer, agricultural wagon trailer,
or pole trailer on any residential lot, or within or on the side of
a public right-of-way, alley, or easement,
(2)
Recreational watercraft greater than 20 feet in length, and off-the-road
nonlicensed vehicles shall be stored inside a carport or garage, outside
behind the face of the principal building, or outside in the front
yard at least five feet from the front lot line, provided said parking
is for loading and unloading operations completed within a twenty-four-hour
period, and space is not available in the side yard, or there is no
reasonable access to either the side yard or rear yard. A lot shall
be deemed to have reasonable access to the rear yard if terrain permits
and access can be had without substantial damage to existing large
trees or landscaping. A corner lot shall be deemed to have reasonable
access to the rear yard.
(3)
The length of the watercraft shall not include any portion of any
trailer used for transporting the watercraft which extends beyond
the watercraft itself.
M.
No more than two commercial vehicles shall be parked on any residential
lot at any time. Such commercial vehicles shall not exceed one-ton
capacity and shall be used by an occupant of the dwelling for personal
or business transportation. Commercial vehicles engaged in lawful
construction or service operation on the site are exempt from this
requirement.
N.
Off-site parking for residential uses must be located immediately
adjacent to the use or within 300 feet of the principal use and designated
for public parking without limitations on days and hours of use. The
distance shall be measured from the nearest point of the parking facility
to the nearest point of the lot occupied by the building or use that
such facility is required to serve.
O.
When off-site private parking facilities are provided on a lot other
than the lot upon which the building or use requiring such facilities
is located, the owner of the lot upon which the principal use is located
and the owner of the lot upon which parking is provided, shall execute
a written covenant containing at least the following terms:
(1)
The lot on which the parking facility is located will be used and
maintained solely for off-site parking purposes for such principal
use, describing the premises for which said parking is provided.
(2)
The covenant shall be in effect so long as the structures comprising
such principal use continue to exist without sufficient parking elsewhere
or upon the lot with the principal use, or termination of the covenant
is approved by the Village Board of Trustees.
(3)
The parking lot or portion of the parking lot shall contain appropriate
signage to indicate that certain parking spaces are reserved for the
use described in the covenant.
P.
Dimensions for parking spaces shall meet the standards in the following
tables regarding minimum stall depth, aisle, and space and module
widths:
|
Type
|
Width
|
Length
|
|---|---|---|
|
Standard
|
8 feet 9 inches
|
18 feet 6 inches
|
|
Parallel
|
8 feet 6 inches
|
22 feet
|
|
Handicap
|
16 feet
|
18 feet 6 inches
|
|
Angle
|
Space Width
|
Stall Depth
|
Aisle Width
|
Module Width (Two Rows Of Parking)
|
|---|---|---|---|---|
|
45°
|
8 feet 9 inches
|
17 feet 6 inches
|
14 feet
|
49 feet
|
|
60°
|
8 feet 9 inches
|
19 feet
|
16 feet
|
54 feet
|
|
75°
|
8 feet 9 inches
|
19 feet 6 inches
|
18 feet 6 inches
|
57 feet 6 inches
|
|
90°
|
8 feet 9 inches
|
18 feet 6 inches
|
23 feet
|
60 feet
|
|
Parallel
|
8 feet 9 inches
|
22 feet
|
13 feet
|
30 feet
|
|
NOTES:
| |
|
a.
|
Aisle widths noted are for one-way aisles except for 90°
parking, which must provide a two-way aisle.
|
|
b.
|
Motor vehicle display lots are not required to park display
vehicles in accordance with these standards. Such display lots are
required to meet all other applicable standards for parking lots.
|
|
c.
| |
|
d.
|
Driveway width to single or tandem parking spaces shall not
be less than 10 feet wide.
|
|
e.
|
Driveway width to parallel parking spaces shall not be reduced
to less than 15 feet wide at the frontage of the property subject
to the minimum widths and depths above to provide adequate area to
align the vehicle into the designated parking spaces.
|
As used in this chapter, the following definitions shall apply
unless the context otherwise indicates:
A.
Sign. Any structure or part thereof, or any device attached to, painted
on, or represented on a building or other structure, upon which is
displayed or included any representation used as, or which in nature
is an announcement, direction, advertisement, or other attention-directing
device. A sign shall not include a similar structure or device located
within a building except for illuminated signs within show windows.
B.
A sign includes any billboard, marquee, or advertisement, but does
not include the flag, pennant, or insignia of a nation or association
of nations, or of any state, city, or other political unit, or of
any political, charitable, educational, philanthropic, civic, professional,
religious or like campaign, drive, movement, or event.
C.
The size limits for signs, as provided hereinafter, are cumulative
and shall apply to the total of all signs on a single lot. Double-sided
signs shall count as two signs.
D.
Sign area. That area within the outer extremities of all letters,
figures, characters, delineations, digital or electronic boundaries,
or within the outer extremities of the framework or background of
the sign, whichever is the larger area. The support for the sign background,
whether it be columns, a pylon or a building or part thereof, shall
not be included in the sign area.
A.
No sign shall be erected on any residential lot unless the party
seeking to erect said sign first applies for and receives a special
sign permit to advertise a home-based business or service.
B.
In subdivisions where four or more undeveloped lots are owned by
the subdivision developer, a sign announcing the names of the developer,
architects, engineers, contractors, or other individuals or firms,
involved with the subdivision of property (but not including any advertisement
of anything not related to the subdivision) or announcing the layout
or character of the subdivision or the purpose for which it is intended
shall be allowed, given that the signs shall be confined to the site
of the subdivision, and shall be permitted for one year from the date
of erection of the first of such signs. If development of the subdivision
is not completed within one year after erection of the signs, the
sign shall be permitted to exist an additional period, not to exceed
one year unless approved by the Village Board of Trustees.
C.
No sign containing more than 32 square feet may be erected on any
agricultural lot unless the party seeking to erect said sign first
applies for and receives a special sign to advertise an agricultural
business or service.
D.
No sign containing more than 150 square feet may be erected on any
commercial or industrial lot unless the party seeking to erect said
sign first applies for and receives a special sign to advertise a
commercial business or service subject to the sign may not exceed
50% of the lot width.
E.
The application for a special sign permit shall contain: the name,
address and telephone number of the applicant and owner of the property
where the proposed sign is to be located, an adequate description
of the exact location where said proposed sign is to be located, the
exact dimensions, design, materials, and nature of said sign, and
any further applicable information such as drawings or renderings.
If the applicant is not the owner of the property and is renting or
leasing the property on which the sign will be located, then a letter
signed by the owner approving the request shall be submitted with
the application.
F.
Signs that were erected prior to 2005 but would now be subject to
special sign permit requirements, or signs that were erected pursuant
to a special sign permit, as provided for herein, may be replaced
with a sign that is substantially the same as the original sign in
location, dimensions, and appearance.
G.
No sign structure shall be erected or placed at the intersection
of any street in such a manner as to obstruct free and clear vision,
or at any location where, by reason of the position, shape or color,
it may interfere with, obstruct the view of, or be confused with any
authorized traffic sign, signal or device, or which makes use of the
words "stop" or "danger" or any other word, phrase, symbol or character
in such a manner as to interfere with, mislead or confuse vehicular
traffic.
H.
Electronic signs shall be located at least 20 feet measured horizontally
from the edge of any public right-of-way. The parking lane along a
public right-of-way may be included in the setback distance. All electronic
signs must be equipped with automatic dimming technology that is not
programmed by only a timer and will automatically reduce brightness
to adjust for ambient light conditions. All electronic signs must
be UL rated, FCC approved, and state the sign manufacturer, electrical
load, model number, and contact information.
I.
Sign maintenance shall be the duty of both the owner and occupier
of the premises upon which the sign is erected. The appearance of
any sign shall not be allowed to become unsightly and if repair, cleaning,
or painting of any said sign is deemed to be necessary by the Village
Board of Trustees, then within 60 days of notification of such necessity
by the Village Board of Trustees, the said owner or occupier of said
premises shall complete said repair, cleaning, or painting. If such
repair, cleaning, or painting is not accomplished within said time,
then said failure shall constitute a violation of the provisions of
this chapter.
J.
All signs that no longer serve their purpose shall be removed by
the owner or occupier of the premises. When any such sign is removed,
such removal shall be completed with due care and with concern for
the appearance of the premises as well as safety on said premises
and nearby properties. Any supporting structures, such as sign standards
or frames, shall also be removed, and any holes or excavations shall
be filled to equal immediately surrounding surfaces. In the event
that such removal is not in compliance with this chapter, the notice
of said failure shall be given to the owner or occupier of the premises
and if said work is not completed in compliance with said notice within
30 days of the mailing of said notice, then said owner or occupier
shall be deemed to be in violation of the provisions of this chapter.
K.
It shall be unlawful to adhere, paste, paint, print, or fasten any
handbill, sign, poster, advertisement, or notice of any kind on any
curbstone, flagstone, masonry, or any other portion or part of any
sidewalk, or upon any tree, hydrant or other public property, or upon
any private wall, door or gate (without the consent in writing of
the owner of such wall, door or gate); provided, however, that nothing
herein contained shall be construed to apply to the posting of legal
notices by officers or attorneys in the manner and places prescribed
by law, or on wooden posts or poles, provided the owner of such wooden
posts or poles has granted consent of the posting. The Village may
remove and destroy, or cause to be hidden from public view, any such
prohibited signs or other prohibited signage promoting hate speech,
racism, discrimination, violence, or other personal attack on public
or private property in the public view.
