A.
The provisions of this chapter shall be held to be the minimum requirements
for the promotion of the public health, safety, morals and welfare.
B.
Where the conditions imposed by any provision of this chapter are
either more restrictive or less restrictive than comparable conditions
imposed by any other provision of this chapter or of any other law,
ordinance, resolution, rule or regulation, the regulations which are
more restrictive or which impose higher standards or requirements
shall govern.
C.
This chapter is not intended to supersede any easement, covenant
or other private agreement, provided that where the regulations of
this chapter are more restrictive or impose higher standards or requirements
than such easements, covenants or other private agreements, the requirements
of this chapter shall govern.
D.
No building, structure or use which is not lawfully existing at the
time of the adoption of this chapter shall become or be made lawful
solely by reason of the adoption of this chapter; and to the extent
and manner said unlawful building, structure or use is in conflict
with the requirements of this chapter, said building, structure or
use remains unlawful.
A.
No building or other structure shall be erected, altered or enlarged
and no use of land shall be established or enlarged for any use except
a use that is named in the list of permitted uses for the zoning district
in which the building, structure or land is or will be located. There
shall be two exceptions to this requirement:
The following uses of land or buildings are allowed in the districts indicated hereinafter in Article V under the conditions specified in this chapter:
No building or tract of land shall be devoted to any use other than the one which is specified as a permitted, special or accessory use in Article V in the zoning district in which such building or land is located. However, where a building permit for the building or structure has been issued in accordance with applicable laws prior to the effective date of this chapter and where construction has begun within six months of such effective date and been diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued; and, further, may upon completion be occupied by the use originally designated, subject to the provisions of this chapter.
In each zoning district, certain listed uses may be permitted only if a special use permit is secured in accordance with the provisions and procedures of Article X. The special uses which may be allowed in each zoning district are set out in Article V, District Regulations. No listed special use shall be considered an accessory use to any other permitted or special use, and a permit shall be required for each separate special use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Farming shall be permitted in any zoning district, although
the raising or keeping of livestock shall not be permitted in Residential
Districts R-1, R-2 and R-3. Dwelling units which are accessory to
the farming uses shall also be permitted; provided, however, that
the occupants of the dwellings are engaged in agricultural activities
on the premises as their principal means of livelihood or are for
the immediate family (such as parents, children, grandchildren) of
the owners of the farm when such owner's principal residence is on
the farm; provided, however, that the original farm residence can
be rented to non-farm workers if the owners have moved from the property.[1]
A.
The City Council may authorize the temporary use of a building, structure
or parcel of land in any zoning district for a building, structure
or use of land that does not conform to regulations prescribed elsewhere
in this chapter for the zoning district in which it is located; provided,
however, that such use is of a temporary nature.
B.
Such uses shall be granted for a specified period of time and shall
be subject to such conditions as the City Council determines to be
necessary for the safeguarding of the public health, safety and general
welfare.
No building or premises shall hereafter be used or occupied
and no building or structure, or part thereof, shall be erected, raised,
moved, reconstructed, extended, enlarged or altered, except in conformity
with the regulations herein specified for the district in which it
is located; except that in residence districts, a lot in a subdivision
of record at the time of adoption of this chapter, even though such
lot does not meet the requirements of this chapter as to area and
width, may be used for single-family residence purposes, provided
the use conforms with all other regulations of the district in which
it is located.
Unless otherwise granted under the terms of an annexation agreement,
special use permit or variance, no building or other structure shall
be erected, altered or enlarged, nor shall any use of land be established
or enlarged on a lot or tract of land that is:
Unless otherwise granted under the terms of a variance or a
special use permit, the following limitation(s) shall apply:
A.
No building or other structure shall be erected, altered or enlarged
so as to exceed the maximum lot coverage percentage, floor area ratio,
minimum setbacks and minimum side and rear yards or the maximum building
height for the district in which the building or structure is located.
A.
Height limitations shall be as set forth under each zoning district
for all buildings, structures and uses of land.
B.
Chimneys, ornamental towers, scenery lofts, monuments, cupolas, domes,
spires, steeples, parapet walls, water towers and similar structures
and necessary mechanical appurtenances may be erected to their customary
height, regardless of the height limitations of the zoning district
in which they are located.
A.
General. No lot shall be reduced in area so that the yards or other
open spaces become less than those required by this chapter.
B.
Front yard. On streets where a front yard setback has been maintained
for buildings existing on lots or tracts having a frontage of 30%
or more of the total frontage on one side of that portion of any street
lying between two intersecting streets or from an intersecting street
and a corporate limits line, the following shall apply:
(1)
No new building shall project beyond a straight line drawn between
the point closest to the street line of the residence upon either
side of the proposed structure. If there are residences upon only
one side, then no new building shall project beyond the straight line
projected from the front of the two nearest residences. This regulation
shall not, however, be interpreted to require a front yard of more
than 50 feet, nor to permit a front yard of less depth than that of
the nearest building.
(2)
Where the street is curved, the line shall follow the curve
of the street rather than be a straight line.
C.
Double-frontage lots. Double-frontage lots shall not be allowed,
except where lots back up to a major roadway. In such instances, vehicular
access between the lots and the primary thoroughfare shall be prohibited.
D.
Corner lots. A corner lot shall be deemed to have two front yards.
The classification of the remaining two yards shall be determined
by the type of yard abutting the yard in question:
For the purpose of this chapter, the following, in addition
to permitted accessory structures, shall be considered permitted obstructions
in the required yards:
A.
All yards:
(1)
Awnings and canopies.
(2)
Steps, four feet or less above grade, which are necessary for
access to a permitted building or for access to a zoning lot from
a street or alley.
(3)
Chimneys that project 24 inches or less into the yard.
(4)
Approved freestanding signs.
(5)
Arbors and trellises.
(6)
Flagpoles.
(7)
Window unit air conditioners which project not more than 18
inches into the required yard.
(8)
Fences or walls, subject to applicable height and other code
restrictions.
B.
Front and corner side yards:
(1)
Open terraces, patios or decks not over three feet above the
average level of the adjoining ground, provided they do not extend
more than five feet into the minimum yard.
(2)
One-story bay windows which project three feet or less into
the yard.
(3)
Overhanging eaves and gutters which project three feet or less
into the yard.
C.
Rear yards:
(1)
Balconies.
(2)
Open terraces or decks, provided they are not over three feet
above the average level of the adjoining ground and do not extend
more than 15 feet into the minimum yard.
(3)
Recreational and laundry drying equipment.
(4)
Ground-supported air conditioning units which extend not more
than five feet into the required yard.
(5)
One-story bay windows which project three feet or less into
the yard.
(6)
Overhanging eaves and gutters which project three feet or less
into the yard.
Except as approved as a variance or as a part of a planned development,
no more than one principal building shall be located on a zoning lot.
Unless otherwise granted under the terms of a special use permit, no building or other structure shall be erected, altered or enlarged, nor shall any use of land be established or enlarged, unless the minimum off-street parking and loading spaces required by Article VII, Off-Street Parking and Loading, are provided.
A.
General. The standards for home occupations are intended to ensure
compatibility with other permitted uses and the residential character
of the neighborhood and to maintain the subordinate and incidental
status of the home occupation. In general, a home occupation is an
accessory use so located and conducted that the average neighbor,
under normal circumstances, would not be aware of its existence except
for a sign.
B.
Performance requirements. A home occupation or profession, where
permitted in a zoning district, shall meet the following performance
requirements in addition to those standards applicable to the district
in which it is located:
(1)
Not more than one person other than members of the immediate
family occupying such dwelling shall be employed on the premises.
(2)
No alteration of the principal building shall be made which
changes the residential appearance of the dwelling.
(3)
No more than 25% of the floor area of the residential dwelling
unit shall be devoted to any home occupation.
(4)
No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in Article VII of this chapter and shall not be located in a required front yard.
(6)
No equipment or material used shall constitute a hazard, create
a nuisance or interfere with the reception of broadcast signals.
(7)
The home occupation shall be conducted entirely within the principal
building that is used as the residential dwelling or an accessory
building (such as a garage).
(8)
All material, equipment, merchandise or work in process shall
be wholly enclosed within the dwelling or an accessory building.
C.
Permitted home occupations:
(1)
Day-care homes licensed by the State of Illinois.
(2)
Dressmakers, seamstresses or tailors.
(3)
Music or dancing teachers, provided that the instruction shall
be limited to one pupil at a time, except for occasional groups.
(4)
Artists, sculptors or authors.
(5)
Beauty/Barber shops.
(6)
Offices for ministers, rabbis, priests or members of religious
orders.
(7)
Offices for salespersons, sales representatives or manufacturers'
representatives; provided that no retail transactions shall be made
on the premises except through telephone, facsimile or mail communication
and no wholesale transactions shall include the acceptance or delivery
of merchandise on the premises.
D.
Prohibited home occupations:
(1)
Animal hospitals.
(2)
Clinics or hospitals.
(3)
Commercial boarding stables or kennels.
(4)
Dancing schools, except where permitted above.
(5)
Mortuaries.
(6)
Nursery schools.
(7)
Private clubs.
(8)
Renting of trailers.
(9)
Repair shops or service establishments, except the repair of
small electrical appliances and other similar items.
(10)
Restaurants.
Fences are permitted accessory use in all yards, subject to
the following:
A.
No fence in excess of three feet in height shall be permitted in
any required front yard.
B.
No fence in a residential district shall exceed six feet six inches
in height.
C.
Fences along a rear lot line, when adjacent to a major roadway or
collector street, shall be dark vinyl-clad chain-link fencing not
to exceed four feet in height.
D.
Where there are exposed structural elements on a fence adjacent to
a residentially zoned property, the supports shall be exposed on the
side of the fence of the property on which it is located.
E.
No barbed-wire fence will be permitted in the residential areas except
by permission of the City Council.
F.
All new fences are required to have an access gate with a minimum
thirty-inch opening.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No private swimming pool shall be allowed in any commercial
or residential district, except as an accessory use and unless it
complies with all other applicable City regulations. Private swimming
pools shall not be located in a required front yard.
A.
Every person owning land within the City of Maroa who constructs
a below-ground swimming pool or who constructs such a swimming pool
after the effective date of this chapter, either of which contains
24 inches or more of water in depth at any point, shall erect and
maintain thereon an adequate enclosure either surrounding the property
or pool area, sufficient to make such body of water inaccessible to
small children. Such enclosure, including gates therein, shall be
no less than four feet above the underlying ground. All gates shall
be self-closing and self-latching, with latches placed four feet above
the underlying ground, and otherwise made inaccessible from the outside
to small children.
B.
A natural barrier, hedge, pool cover or other protective device approved by the City Zoning Administrator shall be an acceptable enclosure so long as the degree of protection afforded by the substituted devices or structures is not less than the protection afforded by the enclosure, gate and latch described herein. The substitution with such a natural barrier, hedge, pool cover or other protective device shall be considered a variance from the provisions of Subsection A hereof and written request for such variance shall be submitted to the City Clerk.
C.
No swimming pool as herein defined shall be constructed in the City
of Maroa without first having obtained a construction permit therefor
on a form provided by the City Clerk.
Each zoning lot shall have direct access to a public or private
street or roadway in accordance with the following regulations:
A.
General.
(1)
The access control standards contained in this section are intended
to promote safe and efficient operation of driveway approaches and
to minimize vehicular delays and accidents. The Planning and Design
Guidelines of the Comprehensive Plan shall apply.
(2)
Each required off-street parking space shall open directly upon
an all-weather, hard-surfaced aisle or driveway of such width and
design as to provide safe and efficient means of vehicular access
to such parking space. Such driveway and driveway approach must be
maintained as an all-weather, hard-surfaced material.
B.
Maximum number of driveway approaches.
(1)
With the exceptions listed below, one driveway approach is permitted
per zoning lot. If a use is listed as a special use in a district,
the additional driveway approaches may be considered during the review
of the special use permit, provided documentation of a traffic study
is supplied. Otherwise, requests for additional driveway approaches
shall be considered as variations.
(2)
The following exception(s) may have additional driveway approaches:
Attached single-family dwellings may have one driveway approach per
dwelling unit (such as multiplex dwellings).
C.
Corner clearance.
(1)
The minimum separation of a driveway approach from an adjacent
intersecting street shall be 40 feet from the center line of the driveway
approach to the nearest right-of-way line of the intersecting street.
(2)
The minimum separation of a driveway from an intersection of
a major street with a collector shall be the greater of: a) 200 feet
on the major street and 150 feet on the collector, unless a shorter
distance has specifically been authorized by IDOT along old U.S. Rte.
51 (Wood Street) or the length of a full left-turn storage and taper,
whichever is greater.
D.
Property line clearance. Driveway approaches shall be located so
that the required curb-return lies entirely within the property lines
(extended) of the zoning lot served by the driveway approach unless
the driveway is being shared with the adjacent zoning lot.
E.
Vision clearance; corner lots. No obstruction to the vision of persons
using streets, sidewalks or driveways and no building or structure
hereafter erected, other than fences meeting the requirements of this
chapter, shall be located in any of the following areas:
(1)
In any residence district, within a triangular area formed by
the street property lines and a line connecting points on the street
property lines located 35 feet from the street property line intersections.
(2)
In any business district, within 10 feet of the intersecting
right-of-way lines bordering a corner lot.
Accessory buildings or structures, except as otherwise permitted
in this chapter, shall be subject to the following regulations:
A.
Where the accessory building has a common wall or common roof with
the main building, it shall be subject to and must conform to all
regulations of this chapter applicable to the main building.
B.
Accessory buildings and structures shall not be erected in any side
yard nor in any front yard.
C.
An accessory building shall not occupy more than 25% of a required
rear yard.
D.
No detached accessory building shall be located closer than 10 feet
to any main building, and detached accessory buildings shall otherwise
conform to setback restrictions in the particular zoning district.
E.
Height of accessory buildings.
(1)
Detached accessory buildings and structures in residential districts.
(2)
Detached accessory buildings and structures in nonresidential
districts. Detached accessory buildings or structures in all nonresidential
districts may be constructed to equal the permitted maximum building
height in said districts, subject to Board of Zoning Appeals review
and approval, if the building or structure exceeds one story or 15
feet in height.
F.
When an accessory building is located on a corner lot, the lot line
of which is substantially a continuation of the front lot line of
the lot to its rear, said building should not project beyond the front
yard setback required on the lot to the rear of such corner lot.
G.
When an accessory building in excess of 200 square feet in any residence,
business or commercial district is intended for other than the storage
of private motor vehicles, the accessory use shall be subject to the
approval of the Zoning Board of Appeals.
H.
Use of any accessory building or structure as a dwelling is strictly
prohibited throughout the City.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Garage sales are permitted on residentially zoned or residentially occupied property in compliance with the provisions of Chapter 141, Garage Sales, of the City Code.
