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Village of Annawan - Zoning Ordinances |
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Zoning Ordinances 10-1-1 VILLAGE OF ANNAWAN ZONING ORDINANCE 10-1-2 Chapter
1 10-1-1: Title 10-1-2: Purpose 10-1-3: Nature 10-1-4: Authority This Title shall be known as the Zoning Title of the Village. The chapters, sections, and use districts created by this Title are adopted for the purpose, among others, of: Promoting the public health, safety, morals comfort, and general welfare; Helping to achieve greater efficiency and economy of land development by promoting the grouping of those activities which have similar needs and are compatible; Encouraging such distribution of population, land use, and land development that will facilitate adequate and economic provisions of transportation, communication, water supply, drainage, sanitation, education, recreation, and other public requirements; Lessening or avoiding congestions in the public streets and highways; Protecting against fire, explosion, noxious fumes, and other hazards in the interest of the public health, safety, comfort and general welfare; Hazards to people and damage to property from the accumulation or run off storm water; Helping to insure that all residential, commercial, and manufacturing structures, as well as other types of structures, will be accessible to firefighting and other emergency equipment; Prohibiting the formation or expansion of nonconforming uses of land, buildings, and structures adversely affecting the character and value of desirable development in each district; Promoting the development or residential neighborhoods which are free of noise, dust, fumes, and heavy traffic volumes in which each dwelling unit is assured of light, air, and open spaces; Helping to prevent land development activities which lead to roadside blight and to minimize the effects of nuisance-producing activities; Conserving the taxable value of land and buildings throughout the Village;
10-1-2 VILLAGE OF ANNAWAN ZONING ORDINANCE 10-1-4
Defining and limiting the powers and duties of the Zoning Officer and bodies as provided herein; Preserving the architectural features and general architectural character of the Village as stated in the Chipman Design study and accompanying manual.
This Section classifies and regulates the use of land, buildings, and structures within the corporate limits of the Village of Annawan, Illinois. The regulations contained herein are necessary to promote the health, safety, convenience, and welfare of the inhabitants by dividing the Village into zoning districts and regulating the use of land and the use and size of buildings as to height and number of stories, the coverage of the land by buildings, the size of yards and open spaces, the location of buildings and the density of population, and the historic preservation and design of buildings.
10-1-4: Authority This Section is adopted in pursuance of the authority granted by the 1973 Revised Statues of the State of Illinois, Chapter 24, Article 11, Division 13, and the Illinois Historic Preservation Act (IL Compiled Statues (65 ILCS 5/11-48-2.1, et.seq.)).
10-2-1 VILLAGE OF ANNAWAN ZONING ORDINANCE 10-2-2 Chapter
2 10-2-1: Interpretation 10-2-2: Definitions
10-2-1: INTERPRETATION For the purpose of this Title and in order to carry out the provisions contained herein, certain words, terms, and phrases are to be interpreted as defined herein/ Words used in the present tense shall include the future tense; the singular number includes the plural and the plural number the singular. The word “lot” includes the word “plot” or “parcel”. The words “shall” is mandatory and the word “may” is permissive. The following words, terms, and phrases are hereby defined as follows and shall be interpreted as such throughout this regulation. Terms not herein defined shall have the meaning customarily assigned to them.
10-2-2: DEFINITIONS Whenever the following words or terms are used in this Title, they shall have such meaning as ascribed to them below unless the context specifically indicates otherwise. ACCESSORY BUILDING, STRUCTURE, OR USE: A subordinate building, structure, or use which is customarily and incidental to the principle building or use and which is located on the same lot or parcel of land with the priciniple or use. Parking lots or spaces shall not be considered as accessory uses under this definition. Accessory buildings shall not be used for dwelling purposes. ADMINISTRATIVE OFFICER: The individual designated by this Title to administer the provisions of this Zoning Title. ADULT BOOKSTORE: An establishment having any portion of its stock in trade, books, magazines, films, or other electronically recorded material for sale or viewing on premises by use of motion picture device or any other means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified anatomical areas” or “specified sexual activities” as defined below including instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities. ADULT LIVE ENTERTAINMENT: Any activity involving the presentation of live models displaying lingerie, or otherwise presenting live artistic modeling with said modeling displaying the human body in a nude or semi-nude state, distinguishing or characterized by an emphasis of “specific anatomical areas” for observation by patrons therein and including, but not limited to, topless dancers, strippers, male or female impersonators, or similar entertainments. ADULT MINI-MOTION PICTURE THEATERS: An enclosed building with a capacity for less than fifty (50) persons, predominately used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified anatomical areas” or “specific sexual activities” for observation by paying patrons therein. Predominately shall mean all of presentations. ADULT MOTION PICTURE THEATERS: An enclosed building with a capacity for fifty (50) or more persons, predominately used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specific anatomical areas” or “specific sexual activities” for observation by paying patrons therein. Predominately shall mean all presentations. ADVERTISING DEVICE: Banners affixed on poles, wires, or ropes; and streamers, wind-operated devices; flashing lights; and other similar devices. ALLEY: A traffic way dedicated to public use which affords a secondary means of vehicular access to the back side of properties otherwise abutting a street. ALTERATION: Any appreciable change in the external architectural features of any structure or building, visible from a public way or from adjoining property. APARTMENT: A room or suite of rooms in a multiple or two-family dwelling or where more than one living unit is established above nonresidential uses, intended or designed for use as a residence by a single family, as defined herein, and providing essential housekeeping facilities, kitchen and cooking facilities, bath and sleeping quarters. APARTMENT HOUSE: See Dwelling, Multiple-family. AUTO LAUNDRY: A building, or portion thereof, containing facilities for washing automobiles using production line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices; or providing space, water, equipment, or soap for the complete or partial hand washing of such automobiles whether by operator or by customer. AUTO PARTS RECYCLER: A person who is in the business of acquiring previously owned vehicles for parts for the primary purpose of disposing of vehicles parts for re-use, in a manner other than by shredding or melting. AUTOMOBILE SERVICE STATION: One or more buildings or premises where gasoline, oil, and grease may be supplied and dispensed at retail and incidental repair, batteries, tires, accessories, and maintenance may be obtained. Uses permissible at a service station do not include major mechanical and body work, straightening or replacement of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving greater than normally found in services stations. A service station is not a repair garage or a body shop. All activities incidental to the sale of gasoline or oil shall be conducted within a building and there shall be no storage or accumulation of equipment or motor vehicles outside of the principle structure. BASEMENT: A story having part, but not more than fifty percent (50%) of its height below the average grade of the adjoining ground (as distinguished from a “cellar”). A basement shall be counted as a story for the purpose of height measurement. BED AND BREAKFAST HOUSE: An operator-occupied building providing accommodations for a charge to the public and by prearrangements for definite periods. Only one meal—breakfast—shall be served to guests. BILLBOARD: A type of sign having more than fifty (50) square feet of display surface which is either erected on the ground or attached to or supported by a building or structure. BOARD OF APPEALS: The Zoning Board of Appeals of the Village. BUILDING: Any structure having a roof supported by columns or walls built for support, shelter or enclosure of persons, animals, chattels, or property of any kind, but not including any vehicles, trailer, or mobile home (with or without wheels), or any movable device such as furniture, machinery or equipment, or portable hog houses. BUILDING HEIGHT: The vertical distance form the average grade to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or the mean height level between eaves and ridge for gable, hip, and gambrel roofs. BUILDING SETBACK LINE: A line within a lot or other parcel of land so designated on the plat or as required by this Title which denotes the area between such line and the adjacent street right-of-way line where structures are prohibited, except those that are permitted by the Zoning Title. BULK STORAGE: As set forth in the rules and regulations of the Illinois State Fire Marshall. CELLAR: A story having more than one half (1/2) of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurements. CHILD CARE CENTER: Any licensed place, home, or institution which receives three (3) or more children under the age of sixteen (16) years and not of common parentage for care apart from their natural parents, legal guardian, or custodians when received for regular periods of time for compensation, CLINIC: An establishment use for the care, diagnosis, and treatment or sick, ailing, infirm, or injured persons (those who are in need of medical, psychiatric, chiropractic, or surgical attention, but who are not provided with board or room or kept over night on the premises). A clinic may include an apothecary, pharmacy, or drug store as an integral part of the clinic. CLUB OR LODGE, PRIVATE: Building and facilities owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on a business. COMMUNITY DEVELOPMENT BOARD: The Community Development Board of the Village. DRIVE-IN RESTAURANT OR REFRESHMENT STAND: Any licensed place or premises principally used for the sale, dispensing, or serving food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on or off the premises. DWELLING: A building, or portion thereof, designed or used exclusively for residential occupancy, but not including home trailers, mobile homes, hotels, motels, boarding and lodging homes, tourist courts or tourist homes. DWELLING, MULTIPLE-FAMILY: A residential building designed for occupancy by three (3) or more families. DWELLING, SINGLE-FAMILY: A detached residential dwelling unit other than a mobile home designed for occupancy by one family only. DWELLING, TWO-FAMILY: A detached residential building containing two (2) dwelling units designed for occupancy by not more than two (2) families (duplex). DWELLING, UNIT: Residential living area which consists of one or more rooms which are arranged, designed, or used as living quarters for one family only. EASTMENT, ACCESS: The vested right to use property for the purpose of access by abutting property, such right being held by someone other than the owner who holds title to the land over which the easement of access is granted. ESSENTIAL SERVICES: Includes the erection, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical communications, supply or disposal systems, retention ponds, including poles, wires, mains, drains, sewers, pipes, conduits, cables, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. EXTERIOR ARCHITECTURAL FEATURE: The architectural style, color, and general arrangement of the exterior of the structure, including the type and texture of building materials, all windows, doors, lights, signs, and other fixtures appurtenant thereto. FAMILY/HOUSEHOLD: One or more persons occupying a premises and living as a single housekeeping unit, related to each other by blood, adoption, or marriage. Unrelated groups consisting of not more than five (5) persons occupying a premises and living as a single housekeeping unit shall be known as a household. These are distinguished from a boarding house, lodging house, or hotel, as herein defined. FARM: An area which is used for the growing of the usual farm products such as vegetables, fruit, trees, and grain and their storage on the area, as well as for raising thereon of the usual farm poultry and farm animals such as horses, cattle, and sheep (in accordance with applicable Village ordinance). The term “farming” includes the operation of such an area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating or storing the products; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities. A “farm” shall contain an area of five (5) acres of more. FARMSTEAD: The buildings and adjacent service areas of a farm, including one dwelling unit whose occupants earn a substantial part of their livelihood from the farm operation, plus a second dwelling unit if used by farm help whose livelihood is derived in substantial part from the farm operation. FENCE: Structure which is a barrier used to mark a boundary or as a means of protection, confinement, screening, or decoration. FLOODPLAIN OR SPECIAL FLOOD HAZARD AREA (SFHA): Those lands within the jurisdiction of the Village that are subject to inundation by the flood having a one percent (1%) probability of being equaled or exceeded in any given year (also known as the one hundred (100) year flood). FRONTAGE: All property on one side of the street between two (2) intersecting streets (crossing or terminating) measured along the line of the street, or, if the street is dead-ended, then all of the property abutting on one side between an intersection street and the dead-end of the street. GARAGE, PRIVATE: An accessory building housing motor driven vehicles which are the property of and for the private use of the occupants of the lot on which the private garage is located and not more than one of the vehicles may be a commercial vehicle of not more than three (3) ton capacity. Space may be rented for the occupancy of a private vehicle in accordance with this definition. GARAGE, PUBLIC: Any building or premises except those used as a private or storage garage used for equipping, hiring, selling, or storing motor driven vehicles. GARAGE, STORAGE: Any building or premises used for housing only motor driven vehicles other than trucks and commercial vehicles pursuant to previous arrangements and not to transients and at which automobile fuels and oils that are not sold and motor driven vehicles are not equipped, repaired, hired or sold. GASOLINE: As set forth in the rules and regulations of the Illinois State Fire Marshal. GRADE: The average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any nonconforming wall approximately parallels and is not more than five (5’) road line, then the elevation of the road at the corner of the wall adjoining the road shall be the grade. GUEST ROOM: A sleeping room intended to serve no more than two guests per night. HOME OCCUPATION: Any occupation or activity incidental to residential use when carried on in the main building by immediate family residing on the premises in connection with which there is used not other than a non-illuminated name plate not more than one (1) square foot in area and no display used that will indicate from the exterior that the building is being used for any purpose other than that of a dwelling. No person is employed other than a member of the immediate family residing on the premises. HOTEL: A building in which lodging and possible food services are provided and offered to the public for compensation and in which ingress and egress to and from all rooms in made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to the boarding house or multiple-family dwelling as herein separately defined. INSTITUTION: A building occupied by a nonprofit corporation or nonprofit establishment for public use. JUNK YARD: A lot, land, or structure, or part thereof, used primarily for the collection, storage, and sale of waste, paper, rags, scrap metal, or discarded materials of for the collection, storage, dismantling and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof. The term “junk yard” shall include auto wrecking yards. KENNEL: Any lot or premises on which are kept two (2) or more dogs more than six (6) months of age for compensation, sale, or personal use. LAUNDROMAT: An establishment providing home-type washing, drying, or ironing machines for hire to be used by customers on the premises. LIQUIFIED PETROLEUM GAS: As set forth in the rules of the Illinois State Fire Marshall. LODGING AND ROOMING HOUSE: Operator-occupied building providing accommodations for a charge to the public and be prearrangement for definite periods; meals are not provided for guests, not open to transient guests in contradistinction to hotels, motels, and camps, which are open to transient guests. LOT: A parcel of land occupied or intended for occupancy by a use permitted in this Title, including one main building together with its accessory buildings, the open spaces and parking spaces required by this Title, and having its principle frontage upon a street or upon an official approved place. LOT AREA: The total horizontal area included within lot lines. LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection. LOT, DEPTH OF: The mean horizontal distance between the front and rear lot lines. LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) nonintersecting streets as distinguished from a corner lot. LOT, FRONTAGE: That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot. LOT, INTERIOR: Any lot other than a corner lot with only one frontage street. LOT OF RECORD: A lot which is part of a subdivision, the map of which has been recorded in the office of the Recorder of Deeds for Henry County, Illinois, prior to June 13, 1972. LOT WIDTH: The distance between straight lines connecting front and rear lot lines at each side of the lot. Where side lot lines are not continuously parallel or at right angles to the abutting street, the average of the rear and front widths shall be used. MOBILE HOME: A portable or mobile living unit (either single or double width) used or designed for human occupancy on a permanent basis. A travel trailer is not to be considered a mobile home. MOBILE HOME PARK: A parcel of land under single ownership which has been designed or improved or is intended to be used or rented for occupancy by one or more mobile homes or house trailers on a relatively permanent basis and in contradistinction to a transient or camper park. MOTEL: A motel primarily for transients traveling by motor driven vehicles with parking space on the premises for each lodging unit and with access to each such unit directly from the outside. NEIGHBORING STRUCTURE: As used in this Chapter, shall be defined as any existing structure or any structure for which a building permit has been issued which is situated on any one of the following lots: 1. Any lot within one (1) lot on the same side of the street on either side of the proposed construction, without regard to intersecting street lines; or 2. Any lot within one (1) lot of the property directly across from the proposed construction on the opposite side of the street, without regard to intersecting street lines; or 3. Any lot within one (1) lot of the proposed construction providing such lot is abutting a street intersecting the street upon which the proposed construction will be located and that the front elevations of the subject structures will be approximately ninety (90) degrees to each other. CONFORMING USE, ILLEGAL: Buildings or premises whose use is changed after adoption of this Zoning Title for purpose which do not meet the requirements of the district in which said building or premises are located. Such nonconforming uses are violations of the Zoning Title (see Chapter 14). NONCONFORMING USE, LEGAL: Continued use of buildings or premises for purposes which, prior to adoption of this Zoning Title, do not meet the requirements of the Zoning District in which such building or premises are located. NURSING HOME INCLUDING CONVALESCENT HOME, REST HOME AND HOME FOR THE AGED: An establishment used as a dwelling place by the aged, infirm, chronically ill or incurably afflicted persons in which not less than three (3) persons live or are kept or provided for on the premises for compensation excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment, or care of the sick or injured. OPERATOR-OCCUPIED: The owner or the owner’s manager of an establishment who is required to reside within the main building of the establishment. OVERLAY DISTRICT: The districts do not change the zoning of the underlying area, but impose additional regulations because of location in the flood plain and historic preservation district or grant relief from certain zoning requirements for mutual benefit of the Village and development for a planned unit development (PUD). PARKING LOT: An enclosed area providing space for the storage or parking of two (2) or more automobiles with the necessary access driveways and aisle space to permit ingress and egress of automobiles to the lot and individual designated parking spaces without moving other automobiles. Each parking space therein shall be at least eleven feet wide by twenty feet long (9’ x 20’) and contain one hundred seventy-six (176) square feet per parking space. The same shall be paved in accordance with Chapter 7, Section 9-7-1(F). PARKING SPACE: A durably surfaced area enclosed in the main building, in an accessory building, or enclosed, sufficient in size to store one (1) standard automobile and, if the space is unenclosed, comprising an area of not less than one hundred seventy-six (176) square feet, exclusive of a driveway, connecting the parking space with the street or alley and permitting satisfactory ingress and egress of any automobile. PLANNED UNIT DEVELOPMENT: A development which may involve the creative location and intermixing of various types of residential housing and a limited amount of business use, if desired, on one (1) tract of land. PREMISES: A lot, together with all buildings and structures thereon. PRINCIPLE BUILDING, STRUCTURE, OR USE: A building, structure, or use which comprises the main or primary occupation and focus of a lot. Although the size of a building shall be a factor in determining whether it is the principle building, size shall be considered in conjunction with all other factors, including the actual use and intent of the occupant in making the determination. ROADSIDE STAND: A licensed, temporary structure with a floor area of not more than four hundreds (400) square feet enclosed and so designed and constructed that is easily portable and can be readily removed. SATELLITE DISH: A signal receiving device characteristically shaped like a saucer or dish, the purpose of which is to receive communication or other signals from orbiting satellites. SERVICE STATION: See Automobile Service Station. SIGN: An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure or land and which directs attention to a product, place, activity, person, institution, or business. SIGN AREA: The total area of the space to be used for advertising matter, including the spaces between open-type letters and figures, including the background structure or other decoration or addition which is an integral part of the sign. Sign supports shall be excluded in determining the area of a sign. A double-faced sign shall have twice the total area of a single-faced sign. SIGN, FRONTAGE: The dimension and feet off the ground floor level of a building front or of a side which faces the street which a business occupies. A single building can have more than one (1) sign frontage; corner sites must have separate frontages. SIGN, GROUND: Any sign erected, constructed, or maintained for the purpose of displaying outdoor advertising by means of posters, pictures, pictorial, and reading matter when such sign is supported by uprights, posts, or braces placed upon or affixed in the ground and not attached to any part of a building; includes billboards. SIGN, MARQUEE: Any sign affixed to a marquee over the entrance to a building and supported from the building. SIGN, OFF-SITE: A sign other than an on-site sign. SIGN, ON SITE: A sign relating in its subject matter to the premises on which it is located or to products, accommodation services, or activities on the premises. On-site signs do not include billboards. SIGN, PORTABLE: Any ground sign which is not affixed or imbedded into the ground and is capable of being moved or transported from one site to another. SIGN, ROOF: Any sign erected, constructed, or maintained upon the roof of any building. SIGN, WALL: Any painted sign or poster on any surface or plane that may be affixed to the front, side or rear wall of any building. SIGN, WINDOW: A sign placed inside a building next to a window so as to be visible to the outside of the building. STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof next above such floor; provided that, for the purpose of determining the required dimensions of yards and courts, when the average story height of a building exceeds twelve feet (12’), each twelve feet (12’) or fraction thereof of the total building height shall be considered a separate full story or fractional story respectively, except the first story, which may be fifteen feet (15’) high. STORY, HALF: A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than five feet (5’) above the floor of such story; provided, however, that any partial story used for residential purposes shall be deemed a full story. A half story may be used for occupancy only in conjunction with any by the occupancy of the story immediately below. STREET: A general term used to describe a public right-of-way which provides designated improved areas for vehicular and pedestrian movement and may provide for vehicular and pedestrian access to properties adjacent to it and which may also provide space for the location of utilities (both above and below ground). STREET LINE: The line separating the public right-of-way from property abutting thereon. STREET, MAJOR: A traffic way connecting communities or connecting to limited access traffic ways which, in turn, connect to other communities. STREET, THOROUGHFARE: A limited access traffic way connecting two (2) or more communities. STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground including, but not limiting, the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas. STRUCTURAL ALTERATION: Any changes that would prolong the life of the supporting members of a building or structure such as the bearing walls, columns, beams, or girders, not including openings in bearing walls as permitted by other chapters. TOURIST OR TRAILER CAMPS: An area designated or designed and equipped to accommodate two (2) or more trailers, tents, or other temporary living or dwelling units and intended to service automobile transients in contradistinction to a mobile home park or court, which is intended for a more permanent occupancy. TRAVEL TRAILER: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet (8’). VOLATILE OILS: As set forth in the rules and regulations of the Illinois State Fire Marshall. YARD: Require open space at grade unoccupied and unobstructed by any structure or portion of a structure other than projections of uncovered steps, uncovered balconies or uncovered porches; provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height and visibility requirements. In measuring a yard for the purposes of determining the width of side yard, depth of a front yard or rear yard, the minimum horizontal distance between the lot line and the main building shall be used. YARD, FRONT: Any open space extending the full width of a lot between a building and the front lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified. YARD, REAR: An open space extending the full width of a lot between a building and the rear lot lines, unoccupied and unobstructed from the ground upward, except as hereinafter specified. YARD, SIDE: An open space extending the front yard to the rear yard between a building and the side lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified. ZONING DISTRICT: Any area or areas within the limits of the Village for which the regulations and requirements governing use, lot, and bulk of buildings and premises are uniform. ZONING MAP: See Chapter 3.
10-3-1 VILLAGE OF ANNAWAN ZONING ORDINANCE 10-3-2 Chapter
3 10-3-1: Establishment of Districts 10-3-2: Zoning Map 10-3-3: Rules for Interpretation of District Boundaries 10-3-4: Annexed Territory
10-3-1: Establishment of Districts In order to classify, regulate, and restrict the location of trades, businesses, industries, residences, and other land uses and the location of buildings designed for specific uses; to regulate and limit the height and bulk of buildings hereafter erected or structurally altered; to regulate and limit the intensity of the use of lot areas and to regulate and determine the areas of yards, courts, and other open spaces within and surrounding such buildings, the incorporated area of the Village is hereby divided into the following Zoning Districts: “A” Agricultural District Residential Districts “OTR-1” Old Town Residential District “R-1” Residential District (single family) “R-2” Residential District (2) “R-3” Residential/Multi-Family Business Districts “B-1” Business District (Restricted) “B-2” Business District (Non-Restricted) Overlay Districts “F” Flood Plain District “PUD” Planned Unit Development
10-3-2: Zoning Map The location and boundaries of the zoning districts established by this Chapter are set forth on the map entitled “Zoning Map” which is herein and hereby made a part of this Title. Said map, together with everything shown thereof and all amendments thereto, shall be as much a part of this Title as though fully set forth and described herein.
10-3-3: Rules for Interpretation of District Boundaries Where uncertainty exists with respect to the precise location of any of the aforesaid districts shown on the zoning map, the following rules shall apply: A. Boundaries shown as following or approximately following streets, highways, or alleys shall be constructed to follow the center lines of such streets, highways, or alleys. B. Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, such boundaries shall be constructed to be the lot lines and, where the districts are bounded approximately by lot lines, lot lines shall be constructed to be the boundary of such districts unless said boundaries are otherwise indicated on the zoning map. C. Where a boundary line is shown as being located a specific distance from a street or road line or other physical feature, this distance shall control. D. Boundaries shown as following or approximately following the center lines of streams, rivers, or other continuously flowing water courses shall be constructed as following the channel center line of such water courses taken at a mean low water mark. E. Boundaries shown as following or closely following the Village limits shall be constructed as following such limits F. In unsubsidized property, unless otherwise indicated, the district boundary line shall be determined by the use of the scale contained on the zoning map. G. Where the application of the aforesaid rules leaves a reasonable doubt as to the boundaries between two (2) districts, the regulations of the more restrictive district shall govern the entire parcel in question, unless otherwise determined by the Zoning Board of Appeals in accordance with provisions contained in Chapter 11.
10-3-4: Annexed Territory All territory which may hereafter be annexed to the Village shall be classified automatically as being in an Agriculture District until such classification shall have been changed by amendment of this Chapter as provided hereafter or as provided in a pre-annexation agreement.
10-4-1 VILLAGE OF ANNAWAN ZONING ORDINANCE 10-4-2 Chapter
4
10-4-1: Zoning Affect Every Structure and Use 10-4-2: Minimum Street Frontage, Lot of Record, Number of Buildings on Lot, and Lot Unserved by Sewer and Water 10-4-3: Accessory Buildings 10-4-4: Required Yard Cannot be Reduced of Used by Another Building 10-4-5: Conversion of Dwellings 10-4-6: Traffic Visibility 10-4-7: Mobile Homes 10-4-8: Validity of Existing Building Permits 10-4-9: Residential Use of Basements and Cellars 10-4-10: Flood Hazard and Obstruction of Water Course Channels 10-4-11: Fences 10-4-12: Adult Live Entertainment 10-4-13: Severability Clause
10-4-1: Zoning Affect Every Structure and Use Except as hereinafter provided, no building, structure, or land shall be erected, constructed, reconstructed, Occupied, moved, altered, repaired, or used except in conformity with the regulations hereinafter specified for the class of district in which it is located. 10-4-2: Minimum Street Frontage, Lot of Record, Number of Buildings on Lot, and Lots Unserved by Sewer and Water
10-4-3: Accessory Buildings
10-4-4: Required Yard Cannot be Reduced or Used by Another Building No lot, yard, or other open space shall be reduced in area or dimension as to make any such area or dimension less than the minimum required by this Chapter and, if already less than the minimum required, it shall not be further reduced. 10-4-5: Conversion of Dwellings The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families shall be permitted only within a district in which a new building for similar occupancy would be permitted under the title and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open space, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter within the chapter applying to such districts. 10-4-6: Traffic Visibility In a residential district no fence, structure, or planting which obstructs vehicular visibility shall be erected or maintained within a required front yard setback area. 10-4-7: Mobile Homes All unhibited mobile homes or house trailers shall be located in a mobile home court or park that has received a conditional use permit as required by Chapter 11 hereof. No mobile home or house trailer outside an approval mobile home court or park shall be connected to utilities except those mobile homes or house trailers being offered for sale by a licensed dealer or manufacturer and not inhabited which may be connected to electrical outlets on the dealer’s sales lot. 10-4-8: Validity of Existing Building Permits Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated uses of any development, building structure or part thereof for which the official approvals and required building permits have been granted before the enactment of this Title, the construction of which, conforming with such plans, shall have been started prior to the effective date of this Title and the completion thereof carried on in a normal manner within the subsequent six (6) month period and not discontinued until completion except for reasons beyond the builder’s control. 10-4-9: Residential Use of Basements and Cellars The residential use of buildings or structures consisting solely or primarily of a basement or cellar which is part of a conventionally designed building shall comply with all other applicable building, health, fire, safety, and housing regulations. 10-4-10: Flood Hazard and Obstruction of Water Course Channels A. Flood Hazard. In any district which is subject to flood hazard, a building permit of any structure shall be issued only when the construction meets the requirements of the Flood Plain Ordinance. B. Obstruction of Water Course Channel. To prevent encroachment upon or construction in river or creek channels and thereby avoid obstruction to the natural conveyance of water flow in such rivers, creeks, and other natural water courses, there shall not be placed, erected, or located within the designated floodplain of such water courses any building or structure, pier, or marina, retaining or revetment wall, except authorized bridges or dames. In addition, there shall not be placed any filling of earth, ashes, rubbish, rubble, concrete, masonry, or any other kind of fill, except as provided in the Annawan Flood Control Ordinance. 10-4-11: Fences A. A fence is a structure which is a barrier used to mark a boundary or as a means of protection, confinement, screening, or decoration. B. Fences, walls, hedges, and other plantings are permitted in residential yards under the following restrictions: 1. Front yard and side yard to the rear of the house shall be no more than three feet (3’) in height. From the rear of the house no more than six feet (6’), up to the front boundary of the yard. No hedges, fence or other plantings (or any portion thereof) will not exceed three feet (3’) in height within three feet (3’) of any street or sidewalk 2. All other fences, walls, hedges, and other plantings shall not exceed six feet (6’) in height above the natural grade level in any yard. No such fence, wall, hedge, or other planting shall be permitted to obstruct traffic visibility on corner lots or other alley or driveway entrances, hedges, fence and other planting shall be maintained. 3. All fences, walls, hedges, and other plantings shall specifically comply with any State statues regarding height and positioning along roads, streets, and highways within the jurisdiction of the State of Illinois. C. Security fences are permitted in nonresidential yards up to the property line of a lot with a one foot (1’) setback. Such fences shall not exceed ten feet (10’) in height. No such fences shall be permitted which would obstruct traffic visibility on corner lots or other alley or driveway entrances. D. No fence consisting or made of barbed wire, or of which barbed wire is a part, or any wire which is charged with electrical current, shall be built or used in residential zones. In business and industrial zones, barbed wire may be placed seven feet (7’) or more above the ground when placed in conjunction with a woven wire security fence. E. Swimming Pools. Every person who owns or is in possession of any premises on which there is situated a swimming pool, either in ground or above ground, with a filtration system, which has a water depth of eighteen inches (18”) or more in any portion, thereof, shall maintain on the lot or premises upon which such swimming pool is situated a fence, wall, or other adequate structure completely surround the pool and constructed so as to make it inaccessible to small children. The fence, wall or other structure must be not less than four feet (4’) in height, with no openings large enough to admit a child except through doors or gates. However, this minimum height requirement shall not be constructed to permit swimming pool fences with a maximum height higher than six feet (6’), as set forth in this Title. All doors and gates in fences surrounding swimming pools shall be of such a size to completely fill any opening in the fence, wall, or other structure and shall be equipped with self-closing and self-latching devices capable of keeping such gate or door securely closed. The closing or latching devices shall be located not less than four feet (4’) above grade or be otherwise inaccessible from the outside to small children. In lieu of self-closing and self-latching devices, the doors and gates must be equipped with locks which shall be kept locked at all times when the pool is not in actual use. F. The provisions of this Section shall not be applicable to fences, walls, hedges, or other plantings which are in existence on _________________ unless the Building Inspector of the Village of Annawan determines that such fence, wall, hedge, or other planting constitutes a danger to public health or safety. The determination of the Building Inspector shall be in writing and set forth the reasons the fence, wall, hedge, or other planting constitutes such a danger. A copy of written determination shall be mailed to the owner of the premises on which the fence, wall, hedge, or other planting is situated. Such owner may appeal the determination in accordance with the provisions of Chapter 11 of the Annawan Zoning Ordinance. 10-4-12: Adult Live Entertainment No establishment of business shall permit adult live entertainment nor conduct business as an adult mini-motion picture theater or adult motion picture theater within the boundaries of the Village of Annawan. 10-4-13: Adult Bookstores Adult bookstores shall be allowed as a conditional use in B-2 highway business zoning districts only, and shall not be allowed as a conditional use or permissive use in any other district. 10-4-14: Severability Clause If any provisions or part of this Title should be held unenforceable by a court of competent jurisdiction, the remainder of the provisions herein contained shall be deemed to continue in full force and effect.
10-5-1 VILLAGE OF ANNAWAN ZONING ORDINANCE 10-5-1
Chapter 5
10-5-1: Uses “A” Agricultural District Residential Districts “OTR-1” Old Town Residential District “R-1” Residential District (single family) “R-2” Residential District (2) “R-3” Residential/Multi-family Business Districts “B-1” Business District (Restricted) “B-2” Business District (Non-Restricted) Overlay Districts “F” Flood Plain District
10-5-1: Uses A. Permissive Uses. Those uses permitted in a particular zoning district without any special action or approval.
1. When a conditional use permit is granted by the Village Council, the usage for which the conditional use was sought shall begin within one year of the meeting date or be null and void unless a different date is specified in the permit. All permits granted under the provisions of the previous chapters shall fall under the provisions of this paragraph with the meeting date being the date of passage of this Title. 2. Discontinuance of a conditional use. No building or premises used in whole or part under a conditional use permit which remains idle or unused for a continuous period of one (1) year, whether or not the equipment of fixtures are removed, shall again be used for that purpose unless a new permit be granted. Temporary buildings for construction purposes are permitted in any district during periods of construction. 3. The Village shall not be obliged to grant a conditional use for a lodging and rooming house, boarding house, or bed and breakfast house merely because the owner has obtained a license from the Henry County Health Department, but shall consider all pertinent factors as set forth in the Annawan Zoning Ordinance with relation to conditional uses. However, a conditional use may be granted to an owner who has not yet obtained a license from the Henry County Health Department, subject to such a license being obtained within a reasonable time approved by the Village, not to exceed two (2) weeks from the granting of the conditional use. In the event that the owner does not obtain the license within the required period or any extension thereof granted by the Village, or in the event the owner’s license is revoked by the Henry County Health Department for any reason, the conditional use shall be automatically revoked and terminated.
10-5-2: “A” Agricultural District Intent. This District is intended to preserve a rural setting of very low density and high quality for “estate” or gentleman’s farm type development, while providing also for the continuance of commercial agriculture on properties of sufficient area to permit compatibility with surrounding residential development, in areas not served or immediately intended to be served by municipal services, such as sewer and water systems. A. Permissive Uses. 1. Farm of not less than five (5) acres in size. 2. Plant nursery and greenhouse 3. Roadside stand offering for sale only farm products on the premises, which stand shall be removed during any period when not in use or not in season after appropriate permits and licenses are obtained. 4. Farmstead. 5. Publicly owned or operated park or playground. 6. Cemetery. 7. Controlled uses of agricultural or farming nature. B. Height, Yard, Lot Width and Area Regulations. The height, yard, lot width, and area requirements as required in Chapter 6 of this Title. C. Off-street Parking and Loading Regulations. In accordance with Chapter 7 of this Title. D. Conditional Uses. 1. Railroad Trackage. 2. Country club or golf courses, except miniature golf course or golf driving range for commercial purposes. 3. Church and school, including college and junior college. 4. Home occupation. 5. Privately operated outdoor recreational facility, including riding stable, lake, swimming pool, tennis court, and golf course, provided they are located on sites of five (5) acres or more. 6. Hospital, nursing home, and educational, licensed religious and philanthropic institution on sites of not less than five (5) acres, provided not more than twenty percent (20%) of the site area may be occupied by the buildings and, provided further, that the buildings shall be set back from all required yard lines an additional two feet (2’) for each foot of building height above that required of the “A” Agricultural District. 7. Veterinary hospital or clinic provided that any building or enclosure so used shall be located not less than one hundred feet (100’) from any street or lot line or residential district. 8. Single-family dwelling.
10-5-3: “OTR-1” Old Town Restricted District Intent. The principal use of land is for single-family dwellings. These residential areas are intended to be defined and protected from encroachment of uses which are not appropriate to a residential environment. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and related facilities. A. Permissive Uses. 1. Single-family dwelling 2. Farm of not less than five (5) acres in size. 3. Accessory building or use as follows: a. Private garage and parking areas for the sole use of the occupants b. Vegetable and flower garden. c. Tennis court, swimming pool, garden house, pergola, ornamental gate, barbecue oven, fireplace, and similar uses customarily accessory to residential use. B. Height, Yard, Lot Width, and Area Regulations. In accordance with Chapter 6 of this Title. C. Off-street Parking and Loading Regulations. In accordance with Chapter 7 of this Title. D. Conditional Uses. 1. Church or temple. 2. Public school or school offering general educational courses the same as ordinarily given in a public school, private preschool, play, special, and other private school. 3. Public library and similar public culture uses, located not less than twenty feet (20’) from any side lot line in any residential district. 4. Community center. 5. Branch telephone exchange, transformer station, and booster or pressure regulating station, without service yard storage. 6. Home occupation. 7. Publicly owned or operated park or playground. 8. Barber or beauty shop. Any residential business shall be allowed as a conditional use after public hearing of the Zoning Board of Appeals as provided under this Chapter, and only after licenses have been obtained.
10-5-4: “R-1” Residential District Intent. The principal use of land is for single-family dwellings. These residential areas are intended to be defined and protected from encroachment of uses which are not appropriate to a residential environment. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and related facilities. A. Permissive Uses. 1. Single-family dwelling 2. Accessory building or use as follows: a. Private garage and parking areas for the sole use of occupants b. Vegetable and flower garden. c. Tennis court, swimming pool, garden house, pergola, ornamental gate, barbecue oven, fireplace, and similar uses accessory to residential use. B. Height, Yard, Lot Width, and Area Regulations. In accordance with Chapter 6 of this Title. C. Off-street Parking and Loading Regulations. In accordance with Chapter 7 of this Title. D. Conditional Uses. 1. Home occupation. 2. Publicly owned or operated park or playground.
10-5-5: “R-2” Residential District Intent. The principle use of land may range from single-family to medium density multi-family units. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and related facilities. A. Permissive Uses. 1. Single-family dwelling. 2. Duplex dwelling not to exceed two (2) units. a. Town meeting of adjoining property owners within 500 feet with a 75% majority necessary. 3. Accessory building or uses as follows: a. Private garage and parking areas for the sole uses of the occupants. b. Vegetable and flower garden. c. Tennis court, swimming pool, garden house, pergola, ornamental gate, barbecue oven, fireplace, and similar uses customarily accessory to residential uses. B. Height, Yard, Lot Width, and Area Regulations. As required in Chapter 6 of this Title. C. Off-street Parking and Loading Regulations. In accordance with Chapter 7 of this Title. D. Conditional Uses. 1. Church or temple. 2. Public school or school offering general educational courses the same as ordinarily given in a public school, private preschool, play, special, and other private school. 3. Public library and similar public culture uses, located not less than twenty feet (20’) from any side lot line in any residential district. 4. Community center. 5. Branch telephone exchange, transformer station, and booster or pressure regulating station, without service yard storage. 6. Country club with golf course, swimming pool, tennis court, and similar recreational uses, provided that any principle building or swimming pool shall be located not less than one hundred feet (100’) from any lot in any residential district. 7. Home occupation. 8. Publicly owned or operated park or playground. 9. Hospital, clinic, nursing home, housing for the elderly, and educational, philanthropic, and licensed religious institution, provided not more than fifty percent (50%) of the site area may be occupied by buildings. 10. Child care center, not to exceed five (5) children.
10-5-6: R3 – Residential/Multi-Family Intent. The principle use of land may range from single-family to medium density multi-family units. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and related facilities. A. Permissive Uses: 1. Single-family dwelling. 2. Multi-family dwelling no less than four (4) units per building. 3. Farm of not less than five (5) acres in size. 4. Accessory building or uses as follows: a. |