CHAPTER 40 

 

ZONING CODE 

 

ARTICLE I - GENERAL PROVISIONS 

 

 

 40-1-1 TITLE. This Chapter shall be known as and cited as the Zoning 
Code of the City of Carrollton, Illinois. 

 

 

 40-1-2 PURPOSE. In accordance with State law, this Code regulates lots, 
structures, and uses in order to preserve, protect, and promote the public health, safety 
and welfare. More specifically, this Code is intended to assist in achieving the following 
objectives: 

 (A) To encourage the development of buildings and uses on appropriate 
sites in order to maximize community-wide social and economic benefits while 
accommodating the particular needs of all residents, and to discourage development on 
inappropriate sites; 

 (B) To assist in implementing the City Community Plan; 

 (C) To protect and enhance the character and stability of sound existing 
residential, commercial and industrial areas, and to gradually eliminate nonconforming 
uses and structures; 

 (D) To conserve and increase the value of taxable property throughout 
the City; 

 (E) To ensure the provision of adequate light, air and privacy for the 
occupants of all buildings; 

 (F) To protect persons and property from damage caused by fire, 
flooding, and improper sewage disposal; 

 (G) To provide adequate and well-designed parking and loading space 
for all buildings and uses, and to reduce vehicular congestion on the public streets and 
highways; 

 (H) To ensure the proper design and improvement of mobile home parks; 

 (I) To promote the use of signs which are safe, aesthetically pleasing, 
compatible with their surroundings, and legible in the circumstances in which they are 
seen; and 

 (J) To provide for the efficient administration and fair enforcement of all 
the substantive regulations in this Code. (See 65 ILCS Sec. 5/11-13-1, et seq.) 

 

 

 40-1-3 JURISDICTION. This Code shall be applicable within the corporate 
limits of the City and one and one-half (1 ½) miles outside of the City limits of Carrollton. 


 40-1-4 INTERPRETATION. Every provision of this Code shall be construed 
liberally in favor of this municipality, and every requirement imposed in this Code shall be 
deemed minimal. Whenever the requirements of this Code differ from the requirements of 
any other lawfully adopted ordinance, regulation, deed restriction, or covenant, the more 
stringent requirement shall prevail. 

 

 

 40-1-5 DISCLAIMER OF LIABILITY. 

 (A) Except as may be provided otherwise by statute or ordinance, no 
officer, board member, agent or employee of this municipality shall render himself 
personally liable for any damage that may accrue to persons or property as a result of any 
act required or permitted in the discharge of his duties under this Code. 

 (B) Any suit brought against any officer, board member, agent, or 
employee of this municipality, as a result of any act required or permitted in the discharge 
of his duties under this Code, shall be defended by the Municipal Attorney until the final 
determination of the legal proceedings. (See “Local Governmental and Governmental 
Employees Tort Immunity Act”, Ill. Comp. Stat., Ch. 745 Secs. 10/1-101) 

 

 

 40-1-6 SEVERABILITY. If any provision of this Code is declared 
unconstitutional or invalid by a court of competent jurisdiction, that decision shall not affect 
the validity of the remainder of this Code. 

 

 

 40-1-7 REVIEW. This Code shall be reviewed every five (5) years after its 
effective date by the Plan Commission and/or the Board of Appeals. After the review, they 
shall file their reports and recommendations with the corporate authorities. 


ARTICLE II - DEFINITIONS 

 

 

 40-2-1 CONSTRUCTION OF TERMS. In construing the intended meaning 
of terminology used in this Code, the following rules shall be observed: 

 (A) Words and phrases shall have the meanings respectively ascribed to 
them in Section 40-2-2 unless the context clearly indicates otherwise; terms not defined in 
Section 40-2-2 shall have their standard English meanings. 

 (B) Words denoting the masculine gender shall be deemed to include the 
feminine and neuter genders. 

 (C) Words used in the present tense shall include the future tense. 

 (D) Words used in the singular number shall include the plural number, 
and the plural shall include the singular. 

 (E) The term "shall" is mandatory; the term "may" is discretionary. 

 (F) All distances shall be measured to the nearest integral foot; six (6) 
inches or more shall be deemed one (1) foot. 

 (G) References to sections shall be deemed to include all subsections 
within that section; but a reference to a particular subsection designates only that 
subsection. 

 (H) A general term that follows or is followed by enumerations of specific 
terms shall not be limited to the enumerated class unless expressly limited. 

 

 

 40-2-2 SELECTED DEFINITIONS. 

 

Abutting means having a common lot line or district line. (Synonym for “adjacent” or 
“adjoining”.) 

 

Access Way means a curb cut, ramp, driveway, or other means for providing vehicular 
access to an off-street parking or loading area. 

 

Accessory Use means any structure or use that is: 

 (A) Subordinate in size or purpose to the principal use or structure which 
it serves; 

 (B) Necessary or contributing to the comfort and convenience of the 
occupants of the principal use or structure served; and 

 (C) Located on the same lot as the principal use or structure served. 

 

Administrator means the official appointed by the Mayor, with the advice and consent of 
the City Council, or his representative to administer this Code. (Synonymous with 
"Zoning Administrator" or “Zoning Official”.) 


Agriculture means any one or any combination of the following: the growing of farm or 
truck garden crops, dairying, pasturage, horticulture, floriculture, or animal/poultry 
husbandry. The term "agriculture" encompasses the farmhouse and accessory uses and 
structures customarily incidental to agricultural activities. 

 

Aisle means a vehicular traffic-way within an off-street parking area, used as a means of 
access/egress from parking spaces. 

 

Alley means a public right-of-way which affords a secondary means of vehicular access to 
abutting premises that front on a nearby street. 

 

Alter means to change the size, shape or use of a structure, or the moving from one 
location to another. 

 

Amendment means a change in the provisions of this Code (including the District Map), 
properly effected in accordance with State Law and the procedures set forth herein. 

 

Anchor means any approved device to which a mobile home is tied down to keep it firmly 
attached to the stand on which it is placed. 

 

Attached, as applied to buildings, means having a common wall and/or a common roof. 

 

Basement means a story having more than one-half (1/2) of its height below the average 
level of the adjoining ground. 

 

Billboard means any single- or double-faced sign displaying messages or advertising not 
associated with the premises on which the sign is located or to which it is affixed. 

 

Bituminous Concrete means a mixture of petroleum by-products and gravel used for 
paving to form a smooth, permanent surface. It does not mean “oil and chip”. 

 

Block means an area of land entirely bounded by streets, highways, barriers, or ways 
(except alleys, pedestrian ways or exterior boundaries of a subdivision unless exterior 
boundary is a street, highway, or way), or bounded by a combination of streets, public 
parks, cemeteries, railroad rights-of-way, waterways, or corporate boundary lines. 

 

Board of Appeals means the Zoning Board of Appeals of the City. 

 

Boarding House means a building other than a hotel or restaurant where meals are 
provided for compensation to three (3) or more persons, but not more than ten (10) who 
are not members of the keeper's family, but not open on a daily, overnight or per meal 
basis to transient guests. 


Buffer Strip means an area of land undeveloped except for landscaping fences, etc., 
used to protect a use situated on one (1) lot from the deleterious effects of the use on the 
adjacent lot. 

 

Building means any covered structure permanently affixed to land and designed or used 
to shelter persons or chattels. 

 

Building or Structure Height means the vertical distance measured from the average 
grade at the front wall of a building to the highest point of the coping of a flat roof or to the 
deck line of a mansard roof, or to the mean height level between eaves and ridge for 
gable, hip or gambrel roofs. 

 

Building Line means the line nearest the front of and across a lot, delineating the 
minimum open space required between the front of a structure and the street right-of-way 
line. 

 

Built-On-Site Housing means no parts (except roof/floor trusses) of the building have 
been pre-cut, pre-fabricated, or pre-assembled at another location. All construction of the 
dwelling unit for one (1) or more persons occurs at the building site. All “Built-on-Site 
Housing” shall be built on permanent perimeter foundation walls. All “Built-on-Site 
Housing” shall be attached/secured to the foundation walls using accepted building 
practices. There shall be a limit of one (1) “Built-on-Site Housing” per lot. (Ord. No. 96-
489; 12-10-96) 

 

Bulk means any one or any combination of the following structural or site design 
characteristics: 

 (A) Size or height of structure; 

 (B) Location of exterior walls at all levels in relation to lot lines, streets, or 
other structures; 

 (C) Lot area; 

 (D) Yards or setbacks. 

 

Centerline means: 

 (A) The centerline of any right-of-way having a uniform width; 

 (B) The original centerline, where a right-of-way has been widened 
irregularly; 

 (C) The new centerline, whenever a road has been relocated. 

 

Certificate of Zoning Compliance, Final means a permit issued by the Administrator 
indicating that a lot or newly completed structure or use complied with all pertinent 
requirements of this Code and therefore, may be occupied or used. 


Certificate of Zoning Compliance, Initial means a permit issued by the Administrator 
indicating that proposed lot, structure, or use is in conformity with the requirements of this 
Code. 

 

City means either the territory or the local government of the Municipality. 

 

Clinic means a place used for the care, diagnosis and treatment of sick, ailing, infirm and 
injured persons, but who are not provided with room or board nor kept overnight on the 
premises. 

 

Club/Lodge means a non-profit association of persons who are bona fide members 
organized for some purpose(s) and paying regular dues and whose facilities are restricted 
to members and their guests; not including a group organized solely or primarily to render 
a service customarily carried on as a commercial enterprise. 

 

Commercial Use/Establishment means any use or establishment wherein goods are 
purchased or sold, whether to the consuming public (retail) or to other businesses 
(wholesale). 

 

Conforming means in compliance with the applicable provisions of this Code. 

 

Convenience/Gasoline Service Station means a building or premises or portion thereof 
used for retail sales of gasoline, oil and accessories of motor vehicles, and general 
convenience service goods to include the retail sale of alcoholic beverages, not for 
consumption on the premises where it is sold. 

 

Corrective Action Order means a legally binding order issued by the Administrator in 
accordance with the procedures set forth herein to effect compliance with this Code. 

 

Day Care Center means an establishment for the part-time care and/or instruction at any 
time of day of four (4) or more unrelated children of pre-elementary or elementary school 
age. 

 

Detached, as applied to buildings, means surrounded by yards on the same lot as the 
building. 

 

Develop means to erect any structure or to install any improvements on a tract of land or 
to undertake any activity (such as grading) in preparation therefor. 

 

Dimensions refers to both lot depth and lot width. 

 

District, Zoning means a portion of the territory of the City wherein certain uniform 
requirements or various combinations thereof apply to structures, lots and uses under the 
terms of this Code. 


Driveway means a minor way commonly providing vehicular access to a garage or off-
street parking area. 

 

Dwelling means a building or portion thereof designed or used primarily as living quarters 
for one or more families, but not including hotels, motels, and other accommodations for 
the transient public. 

 

Dwelling, Multiple-Family means a building or portion thereof containing three (3) or 
more dwelling units. 

 

Dwelling, Single-Family means a dwelling containing one (1) dwelling unit and intended 
for the occupancy of one (1) family. 

 

Dwelling, Two-Family means a dwelling containing two (2) dwelling units. 

 

Dwelling Unit means two (2) or more rooms designed or used as living quarters by one 
(1) family. A "dwelling unit" always includes a bathroom and a kitchen. 

 

Easement means a right to use another person's real property for certain limited 
purposes. 

 

Enclosed as applied to a building, means covered by a permanent roof and separated on 
all sides from adjacent open space or other buildings by fixed exterior walls or by common 
walls, with openings only for windows and doors. 

 

Enlarge means to increase the size (floor area, height, etc.) of an existing principal 
structure or accessory use, or to devote more land to an existing use. 

 

Erect means to build or construct. 

 

Essential Governmental or Public Utility Services. The erection, construction, 
alteration, or maintenance by public utilities or municipal departments, or underground or 
overhead gas, electrical, steam, or water transmission or distribution systems, collection, 
communication, supply or disposal system, 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 the furnishing of adequate service by such public utilities 
or municipal departments or commissions or for the public health or safety or general 
welfare, but not including buildings. 

 

Establishment means either of the following: 

 (A) an institutional, business, commercial, or industrial activity that is the 
sole occupant of one or more buildings; or 


 (B) an institutional, business, commercial, or industrial activity that 
occupies a portion of a building such that: 

(1) the activity is a logical and separate entity from the other 
activities within the building and not a department of the whole; 
and 

(2) the activity has either a separate entrance from the exterior of 
the building or a separate entrance from a common and 
clearly defined entryway that has direct access to the exterior 
of the building. 

 

Existing means actually constructed or in operation on the effective date of this Code. 

 

Exterior Siding. The exterior walls of permanent dwellings shall be covered with some 
conventional type of siding such as: brick, brick veneer, aluminum, vinyl, exterior siding 
plywood, redwood, masonite, etc. Any type of insulation board, sheathing plywood, 
particle board, OSB flakeboard, or other type of flakeboard shall not be construed to be 
exterior siding, and its use is strictly prohibited. (Ord. No. 96-489; 12-10-96) 

 

Family means: 

 (A) A single individual doing his own cooking and living upon the 
premises as a separate housekeeping unit; or 

 (B) A collective body of persons doing their own cooking and living 
together upon the premises as a separate housekeeping unit in a domestic relationship 
based upon birth, marriage, adoption or employment as domestic servants; or 

 (C) A group of not more than three (3) unrelated persons doing their own 
cooking and living together on the premises as a separate housekeeping unit pursuant to 
a mutual housekeeping agreement (not including a group occupying a boarding or 
rooming house, club, fraternity or hotel). 

 

Floor Area, Gross means the sum of the gross horizontal areas of the several floors of a 
building, measured from the exterior faces of the exterior walls or from the center of the 
common walls of attached buildings. “Gross floor area” includes basement floors; attic 
floor space, halls, closets, stairwells, space devoted to mechanical equipment, and 
enclosed porches. 

 

Footing. A footing is located at the lower end of a foundation wall, foundation pier or 
foundation column to distribute the load. Footing material shall be poured concrete. The 
minimum width is twenty-four (24) inches and the minimum thickness shall be eight (8) 
inches. The footing shall contain a minimum of two (2) one-half (1/2) inch rebar spaced 
twelve (12) inches apart, and running the length of the footing. The bottom of the footing 
shall be thirty-six (36) inches below the finished surface of the soil. (Ord. No. 96-489; 
12-10-96) 


Freight Terminal as applied to motor carriers subject to the Illinois Compiled Statutes, 
Chapter 625, Section 18c-1101 et seq., a station for commercial motor vehicles wherein 
said motor trucks are stored, repaired or parked. 

 

Frontage means the lineal extent of the front (street side) of a lot or establishment. 

 

Garage, Private means a garage for four (4) or less passenger motor vehicles without 
provision for repairing or servicing such vehicle(s) for profit. 

 

Greenhouse. (See “Nursery”) 

 

Hereafter means any time after the effective date of this Code. 

 

Home Occupation means any business, profession, or occupation conducted for gain 
entirely within a dwelling or on residential premises in conformity with the provisions of this 
Code. 

 

Illinois Mobile Home Tiedown Act means all mobile homes or manufactured housing 
moved or set up on site after January 1, 1980, must meet these standards (within thirty 
(30) days after the home is set up on the site), within thirty (30) days from the date of 
installation, the owner of each mobile home or manufactured housing must file a tiedown 
report on forms available from the Department of Public Health. (Ord. No. 96-489; 12-10-
96) 

 

Intersection means the point at which two (2) or more public rights-of-way (generally, 
streets) meet. 

 

Junk Yard means a tract of land, including any accessory structures thereon, that is used 
for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste 
or scrap materials. Such scrap materials include vehicles, machinery, and equipment not 
in operable condition (or parts thereof), and metals, glass, paper, plastics, rags, and 
rubber tires. (A lot on which three (3) or more inoperable or abandoned vehicles stored 
shall be deemed a junk yard.) 

 

Kennel. Any structure or lot on which five (5) or more domesticated animals over four (4) 
months of age are kept. 

 

Loading Space. An off-street space or berth on the same lot with a building, or 
contiguous to a group of buildings for the temporary parking of a commercial vehicle while 
loading or unloading merchandise or materials, and which abuts upon a street, alley or 
other appropriate means of access. 


Lot means a tract of land intended as a unit for the purpose (whether immediate or future) 
of transfer of ownership or development. A "lot" may or may not coincide with a "lot of 
record." 

 

Lot, Corner means a lot having at least two (2) adjacent sides that abut for their full length 
upon streets. Both such side lines shall be deemed front lot lines. 

 

Lot, Through means a lot having a pair of approximately parallel lot lines that abut two (2) 
approximately parallel streets. 

 

Lot Area means the area of a horizontal plane bounded by the front, side, and rear lines of 
a lot. 

 

Lot Coverage means the portion of a lot that is occupied by buildings or structures, 
including accessory buildings or structures. 

 

Lot Depth means the average horizontal distance between the front lot line and the rear 
lot line of a lot. 

 

Lot Line, Front means the lot line abutting the street. 

 

Lot Line, Rear means an interior lot line which is most distant from and most nearly 
parallel to the front lot line. 

 

Lot Line, Side. Any lot line other than front or rear lot line. A side lot line separating a lot 
from a street is called a side street lot line. (A side lot line separating a lot from another lot 
or lots is called an interior side lot line.) 

 

Lot of Record means an area of land designated as a lot on a plat of subdivision recorded 
with the County Recorder of Deeds in accordance with State law. 

 

Lot Size Requirements refers to the lot area, width and depth requirements of the 
applicable district. 

 

Lot Width means the mean horizontal width of a lot measured at right angles to the side 
lot lines at the building line. 

 

Maintenance means the routine upkeep of a structure, premises or equipment including 
the replacement or modification of structural components to the extent necessary to keep 
said structure in sound condition. 

 

Manufactured Housing (Immobilized) means: 

 (A) a Manufactured Housing (Single Section) located on a permanent 
foundation with wood, metal or fiberglass skirting or permanent perimeter foundation 


walls, and anchored/secured per the Illinois Mobile Home Tiedown Act. All wheels, tongue 
and hitch shall be permanently removed. Axles may be removed. 

 (B) a Manufactured Housing (Multiple Section) located on permanent 
perimeter foundation walls, and anchored/secured per the Illinois Mobile Home Tiedown 
Act. All wheels, tongues and hitches shall be permanently removed. Axles may be 
removed. (Ord. No. 96-489; 12-10-96) 

 

Manufactured Housing (Multiple Section) means two (2) or more sections of a 
completely constructed factory structure, transported from the place of their construction to 
the location where they are assembled together to form a permanent dwelling unit for one 
(1) or more persons. These structures have a manufactured date of July 1, 1976 or later, 
and meet the National Manufactured Housing Construction and Safety Standards (i.e. 
HUD Code). “Manufactured Housing (Multiple Section)” shall be installed on permanent 
perimeter foundation walls and anchored/secured per the Illinois Mobile Home Tiedown 
Act. “Manufactured Housing (Multiple Section)” shall not be construed to be “Mobile Home 
(Double Wide)”, “Modular Housing”, or “Pre-Fabricated Housing”. A copy of the 
manufactured housing title shall be on record, in the Zoning Administrator’s office, prior to 
applying for a permit to install or replace such housing. The actual title number on housing 
shall be verified against title number on record by the Zoning Administrator prior to unit 
being placed on its foundation. There shall be a limit of one (1) “Manufactured Housing 
(Multiple Section)” per lot. (Ord. No. 96-489; 12-10-96) 

 

Manufactured Housing (Single Section) means a completely assembled factory 
structure (manufactured July 1, 1976 or later), so constructed as to permit its transport on 
wheels (temporarily or permanently attached to its frame) from the place of its construction 
to the location, or subsequent location, at which it is intended to be a permanent dwelling 
unit for one (1) or more persons. These structures conform to the National Manufactured 
Housing Construction and Safety Standards (i.e. HUD Code). “Manufactured Housing 
(Single Section)” shall be installed on permanent perimeter foundation walls or a 
permanent foundation with wood, metal, or fiberglass skirting between the mobile home 
and the top of the ground. A “Manufactured Housing (Single Section)” shall be 
anchored/secured in accordance with the Illinois Mobile Home Tiedown Act. 
“Manufactured Housing (Single Section)” shall not be construed to be a camping trailer, 
recreational vehicle, or a “Mobile Home (Single Wide)”. Any additions (living space, 
garage or storage, etc.) to a “Manufactured Housing (Single Section)” shall be strictly 
prohibited. A copy of the manufactured housing title shall be on record, in the Zoning 
Administrator’s office, prior to applying for a permit to install or replace such housing. The 
actual title number on housing shall be verified against title number on record by the 
Zoning Administrator prior to unit being placed on its foundation. The addition of 
poles/framework around the perimeter of a “Manufactured Housing (Single Section)” for 
the purpose of supporting a roof or siding shall be strictly prohibited. There shall be a limit 
of one (1) “Manufactured Housing (Single Section)” per lot. (Ord. No. 96-489; 12-10-96) 


Mobile Home Park means a parcel of not less than two (2) acres in area in single 
ownership/control, developed with facilities for accommodating occupied mobile homes in 
accordance with the requirements of this Code and Chapter 23 of the “Revised Code of 
Ordinances”. 

 

Mobile Home (Double Wide) means the two (2) halves of a completely constructed 
factory structure, so constructed as to permit their transport on wheels (temporarily or 
permanently attached to their frames) from the place of construction to the location or 
subsequent location where they are attached together to form a permanent dwelling unit 
for one (1) or more persons. “Mobile Home (Double Wide)” structures manufactured prior 
to July 1, 1976 may or may not meet the National Manufactured Housing Construction 
and Safety Standards (i.e. HUD Code). (Note: a red label affixed to the perimeter of the 
home signified it met the National Manufactured Housing Construction and Safety 
Standards (i.e. HUD Code) at the time of construction.) A “Mobile Home (Double Wide)” 
shall be installed on permanent perimeter foundation walls. A “Mobile Home (Double 
Wide)” shall be anchored/secured in accordance with the Illinois Mobile Home Tiedown 
Act. A “Mobile Home (Double Wide)” shall not be construed to include “Modular Housing” 
or “Manufactured Housing (Multiple Section)”. Any additions (living space, garage or 
storage, etc.) to a “Mobile Home (Double Wide)” shall be strictly prohibited. A copy of the 
mobile home title shall be on record, in the Zoning Administrator’s office, prior to applying 
for a permit to install or replace such housing. The actual title number on housing shall be 
verified against title number on record by the Zoning Administrator prior to unit being 
placed on its foundation. The addition of poles/framework around the perimeter of a 
“Mobile Home (Double Wide)” for the purpose of supporting a roof or siding shall be strictly 
prohibited. There shall be a limit of one (1) “Mobile Home (Single Wide)” per lot. (Ord. 
No. 96-489; 12-10-96) 

 

Mobile Home (Immobilized) means: 

 (A) A Mobile Home (Single Wide) located on a permanent foundation or 
permanent perimeter foundation walls and anchored/secured per the Illinois Mobile Home 
Tiedown Act. All wheels, tongue and hitch shall be permanently removed. Axles may be 
removed. 

 (B) A Mobile Home (Double Wide) located on a permanent perimeter 
foundation walls, and anchored/secured per the Illinois Mobile Home Tiedown Act. All 
wheels, tongues and hitches shall be permanently removed. Axles may be removed. 
(Ord. No. 96-489; 12-10-96) 

 

Mobile Home (Single Wide) means a completely assembled factory structure 
(manufactured prior to July 1, 1976), so constructed as to permit its transport on wheels 
(temporarily or permanently attached to its frame) from the place of its construction to the 
location, or subsequent location, at which it is intended to be a permanent dwelling unit for 
one (1) or more persons. “Mobile Home (Single Wide)” structures manufactured prior to 
July 1, 1976 may or may not meet the National Manufactured 


Housing Construction and Safety Standards (i.e. HUD Code). (Note: a red label affixed to 
the perimeter of the home signified it met the National Manufactured Housing Construction 
and Safety Standards (i.e. HUD Code) at the time of construction.) A “Mobile Home 
(Single Wide)” shall be installed on permanent perimeter foundation walls or a permanent 
foundation with wood, metal, or fiberglass skirting between the mobile home and the top of 
the ground. A “Mobile Home (Single Wide)” shall be anchored/secured in accordance with 
the Illinois Mobile Home Tiedown Act. A “Mobile Home (Single Wide)” shall not be 
confused with a camping trailer, recreational vehicle, or “Manufactured Housing (Single 
Section)”. Any additions (living space, garage or storage, etc.) to a “Mobile Home (Single 
Wide)” shall be strictly prohibited. A copy of the mobile home title shall be on record, in the 
Zoning Administrator’s office, prior to applying for a permit to install or replace such 
housing. The actual title number on housing shall be verified against title number on 
record by the Zoning Administrator prior to unit being placed on its foundation. The 
addition of poles/framework around the perimeter of a “Mobile Home (Single Wide)” for the 
purpose of supporting a roof or siding shall be strictly prohibited. There shall be a limit of 
one (1) “Mobile Home (Single Wide)” per lot. (Ord. No. 96-489; 12-10-96) 

 

Mobile Home Stand means the part of a mobile home space beneath the mobile home 
that includes the concrete slab on which the home is placed and to which it is anchored. 

 

Mobile or Portable Marquee is a term used to describe any sign designed to be moved 
from place to place, including, but not limited to, signs attached to wood or metal frames 
designed to be self-supporting and movable; or paper, cardboard, or canvas signs 
wrapped around supporting poles. 

 

Modular Housing means factory fabricated “units”, transported to a building site, 
assembled together and attached/secured on permanent perimeter foundation walls per 
manufacturers specifications. Modular Housing is desinated for use as a permanent 
dwelling unit for one (1) or more persons. “Modular Housing” shall not be construed to 
include “Mobile Home (Single Wide)”, “Mobile Home (Double Wide)”, “Mobile Home 
(Immobilized)”, “Manufactured Housing (Single Section)”, “Manufactured Housing (Multiple 
Section)”, “Manufactured Housing (Immobilized)”, “Pre-Fabricated Housing”, “Pre-Cut 
Housing” or “Built-on-Site Housing”. The electrical panel box of each Modular Housing 
shall have the yellow seal in the shape of the State of Illinois. For units produced in 
Indiana under the Reciprocal Agreement, the Indiana seal meets this requirement. There 
shall be a limit of one (1) “Modular Housing” per lot. (Ord. No. 96-489; 12-10-96) 

 

Motel or Motor Hotel means a series of attached, semi-attached or detached sleeping or 
living units for the accommodation of transient guests and not customarily including 
individual cooking or kitchen facilities; said units having convenient access to off-street 
parking spaces for the exclusive use of the guests or occupants. 


Nonconforming, as applied to a lot, structure, or use, means: 

 (A) lawfully existing on the effective date of this Code, but 

(B) not in compliance with the applicable provisions thereof. 

 

Nuisance means any thing, condition, or conduct that endangers health or unreasonably 
offends the senses or obstructs the free use of property or essentially interferes with the 
comfortable enjoyment of life or property. 

 

Nursery means a tract of land on which trees, shrubs, and other plants are raised for 
transplanting and/or sale, and including any structure in which said activities are 
conducted. 

 

Nursery School or Day Care Center means an establishment for the part-time care 
and/or instruction at any time of day of four (4) or more unrelated children of 
pre-elementary or elementary school age. 

 

Nursing Home means a building used as a medical care facility for persons who need 
nursing care and medical service, but do not require intensive hospital care. 

 

Office means any building or portion thereof in which the business (usually clerical and 
administrative affairs) of a commercial/service enterprise or professional person is 
transacted. 

 

Official Map means the portion of the master plan which designates land necessary for 
public facilities or uses. It shall include streets, alleys, public ways, parks, playgrounds, 
school sites and other public grounds and ways for public service facilities within the whole 
area included within the official comprehensive plan. It can be one or more separate 
geographical or functional parts or include all or any part of the contiguous, unincorporated 
area under the planning jurisdiction of the City. 

 

Overlay District means a zoning district superimposed over one or more standard 
(primary) zoning districts or portions thereof for the purpose of controlling developmental 
problems caused by such factors as steep slopes, wet soils, flooding, etc. 

 

Parking Area/Lot, Off-Street means land that is improved in accordance with this Code 
and used primarily for the storage of passenger motor vehicles, free of charge or for 
compensation. An “off-street parking lot”, depending on the circumstances of its use, may 
be either a principal use or an accessory use. 

 

Parking Lot – Commercial means land that is improved in accordance with this Code 
and shall be limited to automobiles and trucks one (1) ton and under. 


Parking Space, Off-Street means an area at least twenty (20) feet long and ten (10) feet 
wide within an off-street parking area or garage, used for the storage of one (1) passenger 
motor vehicle. 

 

Permanent Foundation means a wall (minimum all thickness shall be eight (8) inches), 
pier or column of poured concrete or mortared blocks. A permanent foundation shall be 
supported by a footing located thirty-six (36) inches below the finished surface of the soil. 
As an alternative, mortared brick may be used in place of mortared blocks but shall not be 
used below the surface of the soil. 

 

Permanent Perimeter Foundation Wall means a wall of poured concrete or mortared 
blocks which support the perimeter walls of a building, minimum wall thickness shall be 
eight (8) inches. The wall shall be supported by a footing located thirty-six (36) inches 
below the finished surface of the soil. As an alternative, mortared brick may be used in 
place of mortared blocks but shall not be used below the surface of the soil. 

 

Permitted Use means any use which is or may be lawfully established in a particular 
district(s), provided it conforms with all the requirements applicable to said district(s). 

 

Person means any individual, firm, association, organization, or corporate body. 

 

Planned Development Project means a residential or commercial development on a 
parcel of land in single ownership and consisting of two (2) or more buildings having any 
yard, court, parking or loading space in common. 

 

Pre-Cut Housing means parts of the building are pre-cut at a factory or other location and 
then transported to the building site. These pieces will be used at the building site, along 
with other materials, in the construction of a permanent dwelling unit for one (1) or more 
persons. All “pre-cut housing” shall be built on permanent perimeter foundation walls. All 
“pre-cut housing” shall be attached/secured to the foundation walls using accepted 
building practices. “Pre-cut housing” shall not be construed to include “pre-fabricated 
housing”. There shall be a limit of one (1) “pre-cut housing” per lot. 

 

Pre-Fabricated Housing means components of the building are pre-fabricated at a 
factory or other location, then transported to the building site. These pre-fabricated 
components (i.e. outer wall sections, interior walls, sub floor sections, trusses, etc.) along 
with other materials, will be assembled at the building site to complete a permanent 
dwelling unit for one (1) or more persons. All “pre-fabricated housing” shall be built on 
permanent perimeter foundation walls. All “pre-fabricated housing” shall be 
attached/secured to the foundation walls per manufacturers specifications. “Pre-fabricated 
housing” shall not be construed to include “mobile home (single wide)”, 


“mobile home (double wide)”, “manufactured housing (single section)”, “manufactured 
housing (multiple section)”, or “modular housing”. There shall be a limit of one (1) “pre-
fabricated housing” per lot. 

 

Premises means a lot and all the structures and uses thereon. 

 

Principal Building/Structure/Use means the main structure erected on or the main use 
occupying a lot, as distinguished from an accessory (subordinate) structure or use. 

 

Professional Office means an office (other than a service office and other than an office 
for care and/or treatment of or medical attention to, animals as distinguished from persons) 
for the practice of professions, such as the offices of physicians, dentists, attorneys-at-law, 
architects, or engineers qualified to perform services of a professional nature, or the 
offices of a governmental agency; and where there is no storage, sale or display of 
merchandise on the premises. 

 

Property Line. See “Lot Line”. 

 

Public Buildings means any building owned, operated, constructed or maintained at the 
expense of the public or a building which provides a service or function necessary for the 
general health, welfare, and convenience of the public. 

 

Public Open Space means any publicly-owned open area, including, but not limited to the 
following: Parks, playgrounds, forest preserves, beaches, waterways, parkways, and 
streets. 

 

Public Utilities means utilities which are either government-owned or owned by an 
established firm serving a wide geographical area and/or a substantial number of persons. 

 

Quick Shop means any small retail commercial or service establishment offering 
goods/services primarily to the residents of a particular multi-family complex, mobile home 
park or similar development. 

 

Reconstruct, as applied to nonconforming structures, means to rebuild after damage or 
destruction. 

 

Recreational Vehicle is a term encompassing any type of vehicle used primarily for 
pleasure, such as travel trailers, motor homes, boats, snowmobiles, etc. 

 

Refuse means garbage (food wastes) and trash, but not sewage or industrial wastes. 

 

Relocate means to move to another portion of a lot or to a different lot. 


Repair means to restore to sound condition, but not to reconstruct. 

 

Restrictive means tending to keep within prescribed limits. 

 

Retail refers to the sale of goods and services directly to the consumer rather than to 
another business. 

 

Right-of-Way, Public means a strip of land which the owner/subdivider has dedicated to 
the City or to another unit of government for streets and alleys. 

 

Roof Line means a horizontal line parallel to the average ground level of a building along 
the front thereof, which line delineates the highest point of a flat roof; or where the flat 
surface area of a gable, hip, mansard, or gambrel roof is in view from the ground level, the 
line of demarcation between the flat surface and the vertically structured façade; or the line 
along the front of a building delineating the roof line between eaves and ridge for gable, 
hip, and gambrel roofs. 

 

Screening means trees, shrubs, walls, solid fences, etc. used as a means of view and 
noise control. 

 

Semi-Finished Materials means materials which have been sufficiently processed at 
heavy industrial facilities so that they are no longer in their raw state, but are readily usable 
by light industry for assembly or manufacture into consumer goods. 

 

Service Building means a structure within a mobile home park or travel trailer park that 
contains toilet facilities, clothes washers and dryers and in some instances, a convenience 
store. 

 

Service Station means a building and premises or portion thereof designed and used for 
the retail sale of gasoline or other automotive fuel, oil, and automotive parts, supplies, and 
accessories. A service station may include facilities for washing vehicles and for making 
minor automotive repairs. 

 

Service Use/Establishment means any use or establishment where services are 
provided for remuneration either to individuals or to other firms. 

 

Setback means the horizontal distance from the front lot line in question to the side of the 
structure facing that lot line or to the edge of the area of operation of the principal use (in 
the case of a use which does not involve a structure). 

 

Sewage Treatment Plant, Private shall mean any properly constructed disposal system 
intended for the treatment of wastewaters from more than one (1) residence and/or 
building unit. 


Sign means any object, device, display, or structure or part thereof used to advertise, 
identify, display, or attract attention to a person, establishment, product, service, or event 
by any means including words, letters, figures, designs, symbols, fixtures, colors, 
illuminations, etc. The term “sign” includes, but is not limited to, every projecting sign, 
freestanding sign, awning, canopy, marquee sign; changeable copy sign, illuminated sign; 
moving sign, temporary sign; portable sign; or other display whether affixed to a building or 
erected elsewhere on the premises. The term “sign” excludes features of a building which 
are an integral part of the building’s design (e.g., the “castle-look” of a White Castle 
restaurant). 

 

Sign, Canopy/Marquee means any sign affixed to, painted on, or suspended from an 
awning, canopy, marquee, or similar overhang. 

 

Sign, Flush-Mounted means any sign attached to or erected against a wall of a structure 
with the exposed face of the sign in a plane approximately parallel to the plane of the wall 
and not projecting more than eighteen (18) inches. A flush-mounted sign displays only 
messages associated with the building to which said sign is attached. 

 

Sign, Freestanding means any sign supported by one (1) or more uprights, poles, or 
braces placed in or upon the ground; or any sign supported by any structure erected 
primarily for the display and support of the sign; provided that a freestanding sign displays 
only messages associated with the structure to which it is attached. 

 

Sign, Projecting means any sign which is suspended from or supported by a wall, 
awning, canopy, marquee, etc., and which is approximately perpendicular thereto. A 
projecting sign displays only messages associated with the structure to which it is 
attached. 

 

Sign Area means the entire area within a single, continuous perimeter enclosing the 
extreme limits of the message and the background thereof, calculated in accordance with 
the provisions of this Code. 

 

Sign Area Allowance means the maximum total sign area of all signs that an 
establishment is permitted to display. 

 

Skirting means the covering affixed to the bottom of the exterior walls of a mobile home to 
conceal the underside thereof. 

 

Special Use means a use that has unusual operational, physical, or other characteristics 
which distinguish it from the permitted uses of a district, but which can be made 
compatible with the intended overall development within a district. Special uses commonly 
must meet special standards not necessarily applicable to permitted uses in the district, 
and are allowed only by permit. 


Special Use Permit means a permit issued in accordance with the provisions of this Code 
to regulate development of a special use. 

 

Stop Order means a type of corrective action order used by the Administrator to halt work 
in progress that is in violation of this Code. 

 

Storage Shed/Building means an accessory building designed for storing 
chattels/possessions. A storage shed/building shall have a minimum of three (3) walls 
and roof. A “storage shed/building” shall not be construed to be any of the following: any 
type of truck body, vehicle of any type, vehicle “slide-in” unit, any type of railroad cars, 
“Conex” boxes, mobile home (single or double wide), or manufactured housing (single 
section or multiple section). 

 

Street means a public or private way for motor vehicle travel. The term "street" includes a 
highway, thoroughfare, parkway, through way, road, pike, avenue, boulevard, lane, place, 
drive, court, and similar designations, but excludes an alley or a way for pedestrian use 
only. 

 

Street, Private means any street providing access to abutting property that is not 
maintained by and dedicated to the municipality or other public entity. 

 

Stringent means binding and/or exacting. 

 

Structure means anything constructed or erected on the ground, or attached to something 
having fixed location on the ground. All buildings are structures, but not all structures are 
buildings. 

 

Topography means the relief features or surface configuration of an area. 

 

Use means the purpose or activity for which land or a structure thereon is designed, 
arranged, intended, occupied, or maintained. 

 

Use Variance means a type of amendment (not a variance) that allows a use in a district 
where said use would not be allowed under existing provisions of this Code. 

 

Utility Substation means a secondary utility facility such as an electrical substation, gas 
regulator station, telephone exchange facility, sewage treatment plant, etc. 

 

Vacant as applied to a lot, means that no structure is situated thereon. 

 

Variance means a relaxation of the strict application of the lot size, setbacks, or other bulk 
requirements applicable to a particular lot or structure. 


Wholesale refers to the sale of goods or services by one business to another business. 

 

Window Sign means any sign visible from the exterior of a building or structure which is 
painted directly on the surface of a window or affixed to or suspended immediately behind 
the window for the purpose of informing passersby of the identity of the proprietor or 
business, or of the product or service which can be obtained on the premises. 

 

Yard means open space that is unobstructed, except as specifically permitted in this Code 
and that is located on the same lot as the principal building. 

 

Yard, Front means a yard which is bounded by the side lot lines, front lot line, and the 
building line. 

 

Yard, Rear means a yard which is bounded by side lot lines, rear lot line and rear yard 
line. 

 

Yard, Side means a yard which is bounded by the rear yard line, front yard line, side yard 
line, and side lot line. 

 

Yard Line means a line in a lot that is generally parallel to the lot line along which the yard 
in question extends and which is not nearer to such lot line at any point than the required 
depth or width of said yard. 

 

Zoning Administrator; Zoning Official or Zoning Officer means the Zoning 
Administrator of the City or his authorized representative. 

 

Zoning Map means the map(s) and any amendments thereto designating zoning districts, 
and incorporated into this Code by reference. 


ARTICLE III – GENERAL ZONING REGULATIONS 

 

DIVISION I - GENERALLY 

 

 

 40-3-1 ESTABLISHMENT OF DISTRICTS. In order to implement the 
regulatory scheme of this Code so as to achieve the objectives enumerated in Section 40-
1-2, the entire City is hereby divided into the following Zoning Districts: 

 

 DISTRICT DESIGNATION MINIMUM AREA* 

 

 Agricultural A-1 3 acres 

 

 Single Family Residence (Large) SR-1 5 acres 

 Single Family Residence (Small) SR-2 3 acres 

 Two-Family Residence MR-1 3 acres 

 Multiple-Family Residence MR-2 3 acres 

 Mobile Housing MH-1 3 acres 

 

 Community Business B-1 1 acre 

 Highway Business B-2 2 acres 

 

 Industrial I-1 5 acres 

 

 Flood Plain Overlay O-FP None 

 

* The “minimum area” requirement (which is intended to prevent spot zoning) refers 
to the smallest total area of contiguous parcels that can properly be given the 
particular district classification. The minimum area requirement is not satisfied 
merely because the acreage of numerous noncontiguous parcels, when 
aggregated, happens to equal or exceed the minimum area indicated above. 

 

 

 40-3-2 ZONING MAP AND DISTRICT BOUNDARIES. The boundaries of 
the listed zoning districts are hereby established as shown on the Official Zoning Map of 
the City. This map, including all notations and other information thereof is hereby made a 
part of this Code by reference. The Official Zoning Map shall be kept on file in the 
Administrator’s office. 

 

 40-3-3 ANNUAL PUBLICATION. In accordance with State Law, if any 
changes are made in the zoning districts or regulations during a calendar year, the Zoning 
Administrator shall publish the revised official zoning map of the City not later than March 
31st of the following year. (See 65 ILCS Sec. 5/11-13-19) 

 NOTE: The map shall be published if there are any annexations. 


 40-3-4 DETERMINING TERRITORY OF DISTRICTS WITH PRECISION. In 
determining with precision what territory is actually included within any zoning district, the 
Administrator shall apply the following rules: 

 (A) Where a district boundary as indicated on the zoning map 
approximately follows the features listed below on the left, the corresponding feature on 
the right shall be deemed the district boundary: 

 (1) Center line of any street, 

 alley or highway Such centerline. 

 (2) Lot line Such lot line. 

 (3) Railroad tracks Right-of-way line of 
such tracks. 

 (4) Stream Center of such 

 stream. 

 (5) Section, fraction or survey lines Such lines. 

 (B) Whenever any street, alley, or other public way is legally vacated, the 
zoning districts adjoining each side of such vacated public way shall automatically extend 
to the center of such way, and all territory included in the vacated way shall thereafter be 
subject to all regulations of the extended districts. 

 

 

 40-3-5 ANNEXED TERRITORY. Any territory hereafter annexed to the 
Municipality shall automatically be in the SR-1, Single-Family Residence District until duly 
changed by an amendment to this Code; except that the City Council, with the advice of 
the Plan Commission, may annex any territory as any other zoning district or districts 
herein established if all legal requirements for zoning the property at the time of the 
annexation and the requirements for amending this Code by the extension of the zoning 
district provisions are met. 

 

 

 40-3-6 GENERAL PROHIBITION. Hereafter, it shall be unlawful to do the 
following within the City: 

 (A) Erect, use, occupy, enlarge, alter, relocate, or reconstruct any 
structure or part thereof;* 

 (B) to create any lot;* or 

 (C) to use, occupy, or develop any lot or part thereof;* 

 

 *EXCEPT in conformity with the provisions of this Code. 

 

 

 40-3-7 UNLISTED USES PROHIBITED. Whenever any use is not 
specifically listed as “permitted” or “special” within a particular zoning district, such use 
shall be deemed prohibited in that district. However, if the City Council, following 
consultation with the Zoning Administrator and the Plan Commission finds that the unlisted 
use is similar to and compatible with the listed uses, they may allow such use 


by amending this Code in accordance with Section 40-10-30. The decision of the City 
Council shall become a permanent public record, and any unlisted use that they approve 
shall thereafter have the same status as listed uses. 

 

 

 40-3-8 MEETING MINIMUM REQUIREMENTS. Except as specifically 
provided otherwise elsewhere in this Code, every lot must meet the minimum area, 
minimum dimensions, and minimum setback requirements of the district in which it is 
located independently; that is, without counting any portion of any abutting lot. 

 

 

 40-3-9 ACCESS REQUIRED. No building shall be erected on any lot unless 
such lot abuts, or has permanent easement of access to a public street or private street. 

 

 

 40-3-10 FRONT SETBACKS - CORNER/THROUGH LOTS. Every lot with 
multiple frontages (such as corner or through lots) shall meet the front setback 
requirements of the district in which it is located on every side having frontage. 

 

 

 40-3-11 FRONT SETBACKS IN CERTAIN BUILT-UP AREAS. Except as 
specifically provided otherwise in the “B-1”, Community Business District and in all 
residential zoning districts where lots having fifty percent (50%) or more of the frontage 
on one side of a street between intersections (that is, in one block) are developed with 
buildings, and the front setbacks of those lots do not differ by more than ten (10) feet, the 
minimum required front setback on that block shall be the average of the existing front 
setbacks, but no less than five (5) feet, provided however, that in any built-up area, no 
front setback greater than fifty (50) feet shall be required. 

 

 

 40-3-12 INTRUSIONS INTO YARDS. To the extent indicated below, the 
following features of principal buildings may intrude into required yards without thereby 
violating the minimum setback requirements: 

 

 FEATURES MAXIMUM INTRUSIONS 

 

 (A) Cornices, chimneys, planters or 

 similar architectural features Two (2) feet. 

 (B) Fire escapes Four (4) feet. 

 (C) Patios uncovered at ground level NO LIMIT 

 (D) Porches, if unenclosed and at ground level Six (6) feet. 

 (E) Balconies and decks Four (4) feet. 

 (F) Canopies, roof overhangs Four (4) feet. 


 40-3-13 EXCEPTIONS TO HEIGHT LIMITS. 

 (A) Necessary appurtenances. Chimneys, church spires, parapet 
walls, cooling towers, elevator bulkheads, fire towers, antennas, or other necessary 
appurtenances commonly constructed above the roof line shall be permitted to exceed the 
maximum height limitations for the district in which they are located if they comply with all 
other pertinent ordinances of the City. 

 (B) Intersections. On corner lots, in the triangular portion of land 
bounded by intersecting street lines and a line joining these street lines at points thirty 
(30) feet from the point of intersection, no obstruction, whether natural or man-made, shall 
intrude into the air space that is between two (2) feet and ten (10) feet above the level of 
the adjacent street. (See Figure 1 at the end of this Code.) 

 

 

 40-3-14 SEWERS, SEPTIC TANKS. In all districts, property owners of all 
buildings and places where people live, work, or assemble shall provide for the sanitary 
disposal of all sewage in accordance with the following requirements: 

 (A) Whenever the public sanitary sewerage system is reasonably 
accessible (that is, when the distance from the property in question to the nearest public 
sewer with available capacity does not exceed one hundred fifty (150) feet), all sewage 
shall be discharged into such system whether or not a private sewerage system already 
exists or is more convenient. 

 (B) Whenever the public sanitary sewerage system is not reasonably 
accessible, a private sewerage system shall be installed and used. All private sewerage 
systems shall be designed, constructed, operated and maintained in conformity with the 
following requirements: 

(1) Illinois Private Sewage Disposal Licensing Act, (Ill. Comp. 
Stat., Ch. 225; Sec. 225/1 through 225/23) as amended from 
time to time; 

(2) Illinois Private Sewage Disposal Code No. 4.002, promulgated 
by the Director of the Illinois Department of Public Health, 
as amended from time to time; 

(3) Pertinent, current regulations issued by the Illinois 
Environmental Protection Agency; and 

(4) Applicable codes and regulations of the City, particularly the 
Subdivision Code. 

 The Administrator shall not issue any Initial Certificate of Zoning Compliance 
unless, following consultation with the City Engineer, he is satisfied that these 
requirements will be met. (Also, See Chapter 38 entitled “Utilities” of Revised Code) 

 

 

 40-3-15 ACCESSORY USES. 

 (A) Any accessory use shall be deemed permitted in a particular zoning 
district if such use: 


(1) meets the definition of “accessory use” found in Section 40-2-
2; 

(2) is accessory to a principal structure or use that is allowed in a 
particular zoning district as permitted or special use; and 

(3) is in compliance with restrictions set forth in Section 40-3-16. 

 (B) If an accessory structure is attached to a principal structure, it shall be 
considered part of such structure. (See Definition of “Attached” in Section 40-2-2) 

 

 

 40-3-16 ACCESSORY USE RESTRICTIONS. 

 (A) Height. No accessory use shall be higher than twenty-five (25) feet 
in any Zoning District; provided, there shall be no height limit on accessory structures 
related to agriculture. 

 (B) Schedule. No accessory use in any zoning district shall be located in 
any part of any yard (front, side or rear) that is required because of the setback regulations 
of such district; provided that in the Agricultural District or in any Residential District, an 
accessory use may be located as close as five (5) feet to any side lot line and three (3) 
feet to the rear lot line. 

 (C) Yard Coverage. Accessory uses shall not cover more than thirty 
percent (30%) of a required rear yard. 

 (D) Use As Dwelling. Use of any accessory structure as a dwelling is 
strictly prohibited throughout the City. 

 

 

 40-3-17 AREA BULK REGULATIONS. To facilitate public understanding of 
this Code, the area-bulk regulation schedule is hereby adopted and declared to be an 
integral part of this Code and it may be amended in the same manner as any other part of 
this Code. The Schedule is found at the conclusion of this Code. 

 

 

 40-3-18 - 40-3-19 RESERVED. 


DIVISION II - PLANNED DEVELOPMENTS 

 

 

 40-3-20 PLANNED DEVELOPMENT DEFINED. As used in this Division, the 
term “planned development” or “PD” means a development wherein, in accordance with 
an approved development plan: 

 (A) common open space is reserved; 

 (B) various housing types and other structures and uses may be mixed 
and/or 

 (C) overall average density does not exceed the usual zoning district 
limit. 

 

 

 40-3-21 OBJECTIVES. This Section authorizes development of Planned 
Developments and establishes procedures in order to achieve the objectives enumerated 
in Section 40-1-2 and the following objectives: 

 (A) to provide a regulatory mechanism whereby the City can be assured 
that upon completion, approved development projects will substantially conform to the 
plans or models which constituted the basis for the issuance of the necessary zoning and 
subdivision permits; 

 (B) to permit development of a wide variety of housing types and other 
structures and uses in a single comprehensively planned project; 

 (C) to preserve the natural topography, scenic features, mature trees and 
historic structures existing on sites proposed for development; 

 (D) to encourage innovative site layouts and coordinated architectural 
treatment of different housing types and other structures; 

 (E) to ensure the provision of usable, common, open space in planned 
developments, and to spur installation of various amenities therein; 

 (F) to facilitate the economical installation of standard streets, sewers, 
utilities, and other improvements. 

 

 

 40-3-22 COMPLIANCE WITH REGULATIONS GENERALLY REQUIRED. 
Except as specifically provided otherwise in this Code, planned developments--including 
all structures and uses therein--shall, at a minimum, be built in conformity with all 
applicable codes and ordinances, including the Zoning Code and the Subdivision Code. 

 

 

 40-3-23 DISTRICTS WHERE ALLOWED. Planned Developments may be 
built in any Zoning District, but only upon the issuance of a special-use permit by the 
Zoning Board of Appeals after a hearing before the Plan Commission. (See Section 40-
10-26) 


 40-3-24 PERMISSIBLE DEVIATION FROM CODE REQUIREMENTS. The 
Planned Development concept is intended to afford both the developer and the City 
considerable flexibility in formulating development proposals. Consequently, to the extent 
indicated in this Section, Planned Developments may deviate from generally applicable 
Code requirements without a variance. Any proposed deviation not listed below, however, 
shall require a variance. 

 (A) Mixed Uses. Planned Developments may include all types of 
residential structures and any other uses approved by the Zoning Board of Appeals, 
provided that in approving such mixed uses, the Zoning Board of Appeals may attach any 
conditions necessary to protect the public welfare. 

 (B) Lot and Structure Requirements. In Planned Developments, the 
Zoning Board of Appeals may approve any reasonable deviation from the lot and structure 
requirements of the particular zoning district so long as the different uses within the PD are 
appropriately interrelated and property abutting the PD is adequately protected from any 
potential adverse impacts of the development. “Lot and structure requirements” means 
minimum individual lot area, width and depth; minimum setbacks; and maximum structure 
height. 

 (C) Accessory Uses. In PDs the Zoning Board of Appeals may allow 
the developer to disregard the usual restrictions on accessory uses other than the 
prohibition against using an accessory structure as a dwelling. 

 (D) Location of Parking/Loading Spaces. By permission of the Zoning 
Board of Appeals, off-street parking and loading spaces in PDs need not be located in 
accordance with generally applicable requirements. The minimum number of such 
spaces, however, shall not be less than the number required as per Article V of this Code. 

 

 

 40-3-25 PROCEDURES FOR PLANNED DEVELOPMENTS. Every 
applicant for Planed Development approval shall comply with the procedural requirements 
of this Section. The required procedures are as follows: 

 (A) Filing development plan with the Zoning Administrator; 

 (B) Review of plans by Plan Commission; 

 (C) Provision by the developer of adequate assurance for the completion 
of required improvements as per the development plan and subdivision regulations; 

 (D) Recommendation by Plan Commission; 

 (E) Public hearing by the Zoning Board of Appeals as per the 
requirements of Article X – Special Procedures and Permits; 

 (F) Decision of the Zoning Board of Appeals regarding approval/ rejection 
of the development plan; 

 (G) Recording of development plan with the County Recorder of Deeds; 

 (H) Approval of City Council (if necessary). 


 40-3-26 APPLICATION; INFORMATION REQUIRED. Every applicant for 
approval of a development plan shall submit to the Administrator, in narrative and/or 
graphic form, the items of information listed below: 

 

 

 40-3-26.1 WRITTEN DOCUMENTS. 

 (A) Legal description of the total site proposed for development; 

 (B) Names and addresses of all owners of property within or adjacent to 
the proposed Planned Development; 

 (C) Statement of the planning objectives to be achieved by the PD 
through the particular approach proposed by the applicant, including a description of the 
character of the proposed development and the rationale behind the assumptions and 
choices made by the applicant; 

 (D) Development schedule indicating the approximate date when 
construction of the PD or stages of the PD can be expected to begin and to be completed; 

 (E) Statement of the applicant’s intentions with regard to the future selling 
or leasing of all or portions of the PD, such as land areas, dwelling units, etc. 

 (F) Data indicating: 

(1) total number and type of proposed dwelling units; 

(2) gross and net acreage of parcel; 

(3) acreage of gross and usable open space; and 

(4) area of any commercial uses. 

 

 

 40-3-26.2 GRAPHIC MATERIALS. 

 (A) Existing site conditions, including contours at ten (10) foot intervals 
and locations of watercourses, flood plains, unique natural features, and wooded areas; 

 (B) Proposed lot lines and plot designs; 

 (C) Proposed location, size in square feet and general appearance of all 
existing and proposed buildings (both residential and non-residential) and other structures 
and facilities; 

 (D) Location and size in acres or square feet or all areas to be conveyed, 
dedicated, or reserved as common open spaces, public parks, recreational areas, school 
sites, and similar public and semi-public uses; 

 (E) Existing and proposed vehicular circulation system, including off-
street parking and loading areas and major points of ingress and egress to the 
development (notations of proposed ownership--public or private--should be included 
where appropriate); 

 (F) Existing and proposed pedestrian circulation system, including its 
relationship to the vehicular circulation system and proposed treatments of points of 
conflict; 

 (G) Existing and proposed utility systems, including sanitary sewers, 
storm sewers, and water, electric, gas and telephone lines; 


 (H) General landscape plan indicating the treatment of both private and 
common open spaces and the location of required buffer strips; 

 (I) Enough information on land areas adjacent to the proposed PD to 
indicate the relationship between the proposed development and existing and proposed 
adjacent areas; 

 (J) Any additional information required by the City to evaluate the 
character and impact of the proposed PD. 

 (K) Appropriate seals of the licensed surveyor, engineer or architect. 

 

 

 40-3-27 CRITERIA CONSIDERED. The Zoning Board of Appeals, after 
meeting with the Plan Commission, shall compile a written report which either accepts or 
rejects the Development Plan. In making their decision, the Zoning Board of Appeals shall 
consider the following criteria: 

 (A) The extent to which the proposed development is consistent with the 
Comprehensive Plan and with the purposes of this Code and of all other applicable codes 
and ordinances; 

 (B) The extent to which the proposed development deviates from the 
regulations that are generally applicable to the property (including, but not limited to, the 
use, lot and building regulations of the district), and the apparent merits, if any, of said 
deviations. 

 (C) Whether the proposed design of the PD makes adequate provisions 
for vehicular and pedestrian circulation, off-street parking and loading, separation of 
residential and commercial uses, open space, recreational facilities, preservation of natural 
features, and so forth; 

 (D) The compatibility of the proposed PD with adjacent properties and 
surrounding area; and 

 (E) Any other reasonable criteria that the Zoning Board of Appeals may 
devise. 

 

 

 40-3-28 DECISION BY ZONING BOARD. The Zoning Board of Appeals 
shall either approve or disapprove each and every Development Plan. However, the 
Zoning Board shall not approve any PD unless: 

 (A) The developer has posted a performance bond or deposited funds in 
escrow in the amount the City Engineer deems sufficient to guarantee the satisfactory 
completion of all required improvements; and 

 (B) The City Attorney has stated that all legal instruments (particularly the 
restrictive covenants) are satisfactory; and 

 (C) The proposed PD, as evidenced by the Development Plan, complies 
with all applicable codes, regulations and ordinances. (Deviations to the extent permitted 
under Section 40-3-27 shall not be deemed as noncomplying.) 


 40-3-29 CHANGES IN APPROVED PLANS. No changes shall be made to 
any approved PD Development Plan, except as follows: 

 (A) Minor changes, if required by engineering or other circumstances not 
foreseen at the time the final development plan was approved. 

 (B) All other changes shall require a public hearing before the Zoning 
Board of Appeals. 

 (C) No approved change shall have any effect until it is recorded with the 
County Recorder of Deeds as an amendment to the recorded copy of the Development 
Plan. (See Article X - Division V) 

 

 

 40-3-30 FAILURE TO BEGIN DEVELOPMENT. If a substantial amount of 
construction has not begun within the time stated in the approved construction schedule, 
the Development Plan shall lapse upon written notice to the applicant from the Zoning 
Administrator and shall be of no further effect. However, in his discretion and for good 
cause, the Zoning Administrator may extend for a reasonable time the period for the 
beginning of construction. If a final Development Plan lapses as per this Section, the 
following shall be applicable: 

 (A) The special-use permit shall be automatically revoked; and 

 (B) any zoning permits shall automatically become null and void; and 

 (C) all regulations applicable before the PD was approved shall 
automatically be in full effect. 

 

 

 40-3-31 MUNICIPAL EXEMPTION. In conjunction with any existing or 
proposed development, the City shall be exempt from all of the provisions of this Section. 

 

 

 40-3-32 - 40-3-33 RESERVED. 


DIVISION III – PARABOLIC OR DISH-TYPE ANTENNAS 

 

 

 40-3-34 REQUIREMENTS. Parabolic or dish-type antennas located outside 
of the business or residence shall meet the following requirements: 

 (A) Maximum number per business lot or residence lot shall be one (1) 
antenna. Businesses selling these dishes shall be allowed a maximum of three (3) and 
only one (1) of these shall be allowed in front of the building. 

 (B) The parabolic or dish-type antenna shall be located in the rear yard, 
except that when the main building is on a corner lot, the parabolic or dish-type antenna 
cannot be closer to the adjoining side street than the main building is permitted to be located. 

 (C) The parabolic or dish-type antenna shall be placed in the rear yard, 
except that if a usable satellite signal cannot be obtained from the rear yard, the antenna may 
be located on the side yard of the property, subject to the approval of the Zoning Administrator 
and subject to the other requirements of this Section. 

 In the event that a usable satellite signal cannot be obtained from the rear or side yard 
of the property, such antenna may be placed on the roof of a structure subject to the approval 
of the Zoning Administrator and subject to the other requirements of this Section. 

 (D) Screening shall be as deemed necessary by the Zoning Administrator 
for commercial installations. 

 (E) All parts of the parabolic or dish-type antenna structure must be a 
minimum of three (3) feet from all property lines of the lot. 

 (F) The parabolic or dish-type antenna shall be mounted on a steel pipe 
support embedded in a concrete foundation, and the parabolic or dish-type antenna, when 
turned perpendicular to the ground, together with the base, shall not extend more than fifteen 
(15) feet above the ground. The main diameter of the parabolic or dish-type antenna shall not 
exceed eleven (11) feet. 

 (G) All petitions for a variance from the provisions of this Section shall be 
heard by the Zoning Board of Appeals and as provided in Article X, Division III. 

 (H) A Zoning Occupancy Permit shall be required prior to erection of any 
such parabolic or dish-type antenna. 

 (I) No parabolic or dish-type antenna shall be roof-mounted unless the dish 
is six (6) feet or less in diameter and is mounted on the rear portion of the roof. 

 (J) No parabolic or dish-type antenna shall be used or serve as a sign for 
the purpose of advertisement by a business or commercial unit. 

 (K) Nuisance and Injunction. Any violation of this Section is hereby 
declared to be a nuisance. In addition to any other relief provided by this Code, the City 
Attorney may apply to a Court of competent jurisdiction for an injunction to prohibit the 
continuation of any violation of this Section. Such application for relief may include seeking a 
temporary restraining order, temporary injunction and permanent injunction. 

 (L) This Section shall not apply to any existing parabolic or dish-type 
antennae which have been installed prior to the effective date of this Code. 

 

 

 40-3-35 - 40-3-36 RESERVED. 


ARTICLE IV 

 

REGULATIONS FOR SPECIFIC DISTRICTS 

 

DIVISION I – “A” (A-1) - AGRICULTURAL DISTRICT 

 

 

 40-4-1 “A” (A-1) - AGRICULTURAL DISTRICT. The “A” Agricultural District 
encompasses areas that are presently undeveloped or sparsely developed and that, for 
various reasons, should remain so for the foreseeable future. Some tracts of land in this 
district are fertile and relatively level and best suited for agricultural pursuits. Other tracts 
in this district have such poor soils, steep slopes, inadequate natural drainage, and/or 
other problems, or are simply so distant from existing developed areas that the provision 
and maintenance of roads, utilities, and storm water drainage systems would be 
impractical or burdensomely expensive to the tax-paying public. 

 

 

 40-4-2 ONE DWELLING ON ONE LOT. In the “A” District, only one (1) 
dwelling shall be situated on any one (1) lot. 

 

 

 40-4-3 LOT AND BUILDING REQUIREMENTS. Every principal building 
erected in the “A” District shall conform to the following requirements: 

 (A) Minimum Lot Area 3 Acres 

 (B) Minimum Lot Width at the established building line 150 feet 

 (C) Minimum Lot Depth 200 feet 

 (D) Minimum Setbacks 

 (1) From front lot line 50 feet 

 (2) Total for both side yard lines 25 feet 

 (3) From either side lot line 10 feet 

 (4) From rear lot line 25 feet 

 (5) From side yard abutting street 50 feet 

 (E) Maximum Building Height 35 feet 

 (Does not apply to accessory agricultural structures) 

 

 

 40-4-4 PERMITTED USES. The following uses shall be permitted in the “A” 
- Agricultural District: 

 

 Agriculture, including all uses commonly classified as such, provided the 
requirements of Section 40-7-2 are met. 

 Cemeteries. 

 Government uses of the City. 

 Nurseries, greenhouses, temporary produce stands. 


 Single-family dwellings, conventionally constructed. 

 Accessory uses in accordance with Section 40-3-15. 

 

 

 40-4-5 SPECIAL USES. The following uses may be allowed by special-use 
permit in accordance with Section 40-10-24, et seq. of this Code in the “A” - Agricultural 
District: 

 

 Agricultural implement sales. 

 Amusement facilities, such as go-cart tracks, miniature golf courses, etc. 

 Animal hospitals. 

 Churches and other places of formal worship. 

 Clubs or lodges, private; but not those which have as their chief activity a service 
customarily carried on as a business. 

 Golf courses, regulation size. 

 Government uses other than those of the City. 

 Home occupations. 

 Institutions, such as convents, retreat houses, seminaries, etc. 

 Kennels, commercial. 

 Nursing homes, sanitariums. 

 Utility substations. 

 

 

 40-4-6 RESERVED. 


DIVISION II - SINGLE-FAMILY DISTRICTS 

 

 

 40-4-7 “SR-1” - SINGLE-FAMILY RESIDENCE DISTRICT (LARGE LOT). 
In the “SR-1”, Single-Family Residence District, land is principally used for or is best suited 
for detached, single-family dwellings and related educational, religious and recreational 
facilities. The regulations for this district are intended to stabilize and preserve sound 
existing single-family neighborhoods, and to promote the development of subdivisions 
offering a range of new conventionally constructed single-family housing. Other types of 
residences (mobile home (single wide), mobile home (double wide), manufactured 
housing (single section), mobile home (immobilized), duplexes, apartments, etc.) are 
strictly prohibited uses in this district. Manufactured housing (multiple section) is allowed 
provided it is installed on permanent perimeter foundation walls, secured per the Illinois 
Mobile Home Tiedown Act, and meets all lot size and setback specifications. (Ord. No. 
96-489; 12-10-96) (Ord. No. 96-489; 12-10-96) 

 

 

 40-4-8 SPECIAL RESTRICTIONS. 

 (A) One Principal Building Per Lot. In the “SR-1” District, only one (1) 
principal building shall be situated on any one (1) lot. 

 (B) Mobile Home (Single Wide), Mobile Home (Double Wide) and 
Manufactured Housing (Single Section). 

(1) No mobile home (single wide), mobile home (double wide) or 
manufactured housing (single section) shall be brought into or 
placed anywhere in a SR-1 or SR-2 District except to replace 
an existing mobile home (single wide), mobile home (double 
wide) or manufactured housing (single section) as hereinafter 
provided. 

(2) Owners of mobile home (single wide), mobile home (double 
wide) and manufactured housing (single section) existing as of 
October 1, 1992 may replace such mobile home/ 
manufactured housing with one (1) manufactured within three 
(3) calendar years of the date of application for replacement 
made to the City Zoning Administrator. 

 An existing mobile home (single wide) or manufactured 
housing (single section) may be replaced with: 

(a) a manufactured housing (single section), or 

(b) a manufactured housing (multiple section). 

In either case, the replacement shall meet the foundation 
requirements, the Illinois Mobile Home Tiedown Act, and 
minimum lot size and setback requirements for the District 
where it is located. 


An existing mobile home (double wide) and manufactured 
housing (multiple section) may be replaced with a 
manufactured housing (multiple section), provided it is 
installed on permanent perimeter foundation walls and 
anchored/secured per the Illinois Mobile Home Tiedown Act. 
The replacement unit shall meet the minimum lot size and 
setback requirements of the District where it is located. 

(Ord. No. 96-489; 12-10-96) 

 

 

 40-4-9 LOT AND BUILDING REQUIREMENTS. Every principal building 
erected in the “SR-1” District shall conform to the following requirements: 

 (A) Minimum Lot Area 9,500 sq. ft. 

 (B) Minimum Lot Width at the established building line 80 feet 

 (C) Minimum Lot Depth 100 feet 

 (D) Minimum Setbacks 

 (1) From front lot line 25 feet 

 (2) From either side lot line 10 feet 

 (3) From rear lot line 10 feet 

 (4) From side yard abutting street 25 feet 

 (E) Maximum Building Height 35 feet 

 (F) Minimum Off-Street Parking Per Dwelling Unit 2 spaces 

 (G) Maximum Percent Coverage Per Lot 25% 

 

 

 40-4-10 PERMITTED USES. The following uses shall be permitted in the 
“SR-1” - Single-family Residential District: 

 

 Agriculture, including all uses commonly classified as such, provided the 
requirements of Section 40-7-2 are met. 

 Government uses of the City. 

 Manufactured or prefabricated dwellings. (See Section 40-2-2) 

 Single-family dwellings, conventionally constructed. 

 Accessory uses in accordance with Section 40-3-15. 

 

 

 40-4-11 SPECIAL USES. The following special uses may be allowed by 
special-use permit in accordance with Section 40-10-24 of this Code in the “SR-1” 
District: 

 Churches and related religious facilities. 

 Government uses other than those of the City. 

 Home occupations, but only in conformity with the requirements of Section 40-7-4. 

 Schools. 

 Utility substations. 


 40-4-12 “SR-2” - SINGLE-FAMILY DISTRICT (SMALL LOT). The “SR-2”, 
Single-Family Residence District encompasses areas suitable for single-family dwellings 
as well as related educational, religious, and recreational facilities. The regulations for this 
district are intended to stabilize and preserve sound existing single-family neighborhoods, 
and to promote the development of subdivisions offering a range of new conventionally 
constructed single-family housing. Other types of residences (mobile homes, modular 
homes, immobilized mobile homes, duplexes, apartments, etc.) are strictly prohibited in 
this district. 

 

 

 40-4-13 SPECIAL RESTRICTIONS. The provisions of Section 40-4-8 shall 
be controlling in this district. 

 

 

 40-4-14 LOT AND BUILDING REQUIREMENTS. Every principal building 
erected in the “SR-2” District shall conform to the following requirements: 

 (A) Minimum Lot Area 6,000 sq. ft. 

 (B) Minimum Lot Width at the established building line 50 feet 

 (C) Minimum Lot Depth 100 feet 

 (D) Minimum Setbacks 

 (1) From front lot line 25 feet 

 (2) For both side yards 15 feet 

 (3) From either side lot line 5 feet 

 (4) From rear lot line 25 feet 

 (5) From abutting street 25 feet 

 (E) Maximum Building Height 35 feet 

 (F) Minimum Off-Street Parking Per Dwelling Unit 2 spaces 

 (G) Maximum Percent Coverage Per Lot 25% 

 

 

 40-4-15 PERMITTED USES. The following uses shall be permitted in the 
“SR-2” - Single-family Residential District: 

 Any use permitted in the “SR-1” District. (See Section 40-4-10) 

 

 

 40-4-16 SPECIAL USES. The following uses may be allowed in the “SR-2” 
District by special-use permit in accordance with Section 40-10-24, to-wit: 

 Churches and related religious facilities. 

 Government uses other than those of the City. 

 Home occupations, but only in conformity with the requirements of Section 40-7-4. 

 Schools. 

 Utility substations. 

 

 40-4-17 - 40-4-20 RESERVED. 


DIVISION III - MULTIPLE-FAMILY DISTRICTS 

 

 

 40-4-21 “MR-1” - TWO-FAMILY RESIDENCE DISTRICT. The “MR-1”, Two-
Family Residence District encompasses areas suitable for both single-family dwellings and 
duplexes as well as related educational, religious and recreational facilities. 

 

 

 40-4-22 SINGLE- OR TWO-FAMILY DWELLING. In the “MR-1” District, only 
one (1) single-family or two-family dwelling may be situated on any one (1) lot. 

 

 

 40-4-23 LOT AND BUILDING REQUIREMENTS. Every principal building 
erected in the “MR-1” District shall conform to the following requirements: 

 (A) Minimum Lot Area 9,000 sq. ft. or 

 4,500 sq. ft. per unit 

 (B) Minimum Lot Width at the established building line 80 feet 

 (C) Minimum Lot Depth 100 feet 

 (D) Minimum Setbacks 

 (1) From front lot line 25 feet 

 (2) Total for both side lot lines 15 feet 

 (3) From either side lot line 5 feet 

 (4) From rear lot line 25 feet 

 (5) From abutting street 25 feet 

 (E) Maximum Building Height 35 feet 

 (F) Minimum Off-Street Parking Per Dwelling Unit 2 spaces 

 (G) Maximum Percent Coverage Per Lot 30% 

 

 

 40-4-24 PERMITTED USES. The following uses shall be permitted in the 
“MR-1” - Two-Family Residential District: 

 

 Any use permitted in the “SR-2” District. (Section 40-4-10) 

 Two-family dwellings. 

 

 

 40-4-25 SPECIAL USES. The following uses may be allowed in the “MR-1” 
District by special-use permit in accordance with Section 40-10-24: 

 

 Churches and related religious facilities. 

 Government uses other than those of the City. 

 Home occupations, but only in conformity with the requirements of Section 40-7-4. 


 Nursing homes. 

 Schools. 

 Utility substations. 

 

 

 40-4-26 “MR-2” - MULTIPLE-FAMILY RESIDENCE DISTRICT. The “MR-2”, 
Multiple-Family Residence District is established to stabilize and conserve existing 
neighborhoods that predominantly consist of multiple-family dwellings and to promote the 
development of comparable new areas in order to accommodate all persons desiring this 
type of residential environment. 

 

 

 40-4-27 LOT AND BUILDING REQUIREMENTS. Every principal building in 
the “MR-2” District shall conform to the requirements indicated below: 

 NOTE: Detached single-family and two-family dwellings erected in the “MR-2” 
District shall comply with all applicable regulations of the “MR-2” District. 

 (A) Minimum Lot Area 10,000 sq. ft. or 

 2,500 sq. ft. per unit, 

 whichever is greater. 

 (B) Minimum Lot Width at the established building line 80 feet 

 (C) Minimum Lot Depth 100 feet 

 (D) Minimum Setbacks 

 (1) From front lot line 25 feet 

 (2) For both side lot lines 15 feet 

 (3) From any side lot line 7.5 feet 

 (4) From rear lot line 25 feet 

 (E) Maximum Building Height 35 feet 

 (F) Minimum Off-Street Parking Per Dwelling Unit 2 spaces 

 (G) Maximum Percent Coverage Per Lot 30% 

 

 

 40-4-28 PERMITTED USES. The following uses shall be permitted in the 
“MR-2” - Multiple-Family Residential District: 

 

 Any use permitted in the “MR-1” District. (Section 40-4-24) 

 Multiple-family dwellings. 

 

 

 40-4-29 SPECIAL USES. The following uses may be allowed in the “MR-2” 
District by special-use permit in accordance with Section 40-10-24: 

 

 Churches and related religious facilities. 

 Convenience shops (e.g., small drugstore, food store, laundromat). 

 Government uses other than those of the City. 


 Home occupations, but only in conformity with the requirements of Section 40-7-4. 

 Nursing homes. 

 Quick shop, as defined in this Code. 

 Schools. 

 Utility substations. 

 

 

 40-4-30 - 40-4-31 RESERVED. 


DIVISION IV - MOBILE HOUSING DISTRICT 

 

 

 40-4-32 “MH-1” - MOBILE HOUSING DISTRICT. The “MH-1”, Mobile 
Housing District is primarily intended to provide: (1) areas suitable for the placement of 
single wide or double wide mobile homes (immobilized) and manufactured housing (single 
section) immobilized on individual lots; (2) the establishment of mobile home (single 
wide)/mobile home (double wide)/manufactured housing (single section) parks. (Ord. No. 
96-489; 12-10-96) 

 

 

 40-4-33 MOBILE HOME/MANUFACTURED HOUSING LOT OWNERSHIP. 
All mobile home/manufactured housing units outside an approved mobile home/ 
manufactured housing park shall be located on property owned by the owner of the mobile 
home/manufactured housing unit. 

 All units shall meet the Housing and Urban Development Federal (HUD) Code 
known as the “National Manufactured Home Construction and Safety Standards”. All 
units shall be no more than three (3) years old when installed. (Ord. No. 96-489; 12-10-
96) 

 

 

 40-4-34 LOT AND BUILDING REQUIREMENTS, GENERALLY. 

 NOTE: Special lot and building requirements are applicable to mobile home parks. 
(See Section 40-4-37) 

 (A) Minimum Lot Area 6,000 sq. ft. 

 (B) Minimum Lot Width at the established building line 50 feet 

 (C) Minimum Lot Depth 100 feet 

 (D) Minimum Setbacks 

 (1) From front lot line 25 feet 

 (2) Total for both side lot lines 15 feet 

 (3) From either side lot line 5 feet 

 (4) From rear lot line 20 feet 

 (5) From side yard abutting street 25 feet 

 (E) Maximum Building Height 35 feet 

 (F) Maximum Percent Coverage Per Lot 25% 

 (G) Minimum Off-Street Parking Per Unit 2 spaces 

 All mobile home districts and/or mobile home parks shall have water and sewer 
service established on each lot. All existing roads and lighting shall be acceptable to the 
guidelines of the City Council. All lots shall be numbered and recorded as required by the 
City Code. 

 

 

 40-4-35 PERMITTED USES. The following uses shall be permitted in the 
“MH-1” - Mobile Housing District: 


 Any use permitted in the “MR-1” District. (See Section 40-4-24) 

 Mobile homes (immobilized) and manufactured housing (single section) immobilized, 
on individual lots provided said units conform to all applicable requirements of the Revised 
Code. (Ord. No. 96-489; 12-10-96) 

 

 40-4-36 SPECIAL USES. The following special uses may be permitted in the 
“MH-1” District by special-use permit in accordance with Section 40-10-24: 

 Churches and related religious facilities. 

 Convenience stores. 

 Government uses other than those of the Municipality. 

 Home occupations, but only in conformity with the requirements of Section 40-7-4. 

 Mobile home parks in conformity with all applicable requirements of this Section. 

 Multiple-family dwellings. 

 Nursing homes. 

 Quick shops, as defined in this Code. 

 Schools. 

 Utility substations. 

 

 40-4-37 MOBILE HOME PARKS. After the effective date of this Code, no 
mobile home park shall be established except in conformity with the requirements of this 
Section: 

 (A) Minimum Lot Size, Setback Requirements. 

(1) Minimum Lot Area. No mobile home park shall be located on a 
tract less than two (2) acres in area. 

(2) Minimum Dimensions. No mobile home park shall be 
developed on any tract that is less than two hundred fifty (250) 
feet in both width or depth. 

(3) Minimum Setbacks. No part of any mobile home or other 
structure in any mobile home park shall be situated closer than 
twenty-five (25) feet to any boundary line of the park. 

(4) Maximum Height. No structure in any mobile home park shall 
be more than thirty-five (35) feet in height. 

 (B) Spacing of Mobile Homes. 

(1) Every mobile home space shall meet the following requirements: 

 (a) Minimum Area 6,000 square feet 

 (b) Minimum Width 50 feet 

 (c) Minimum Depth 120 feet 

(2) Mobile homes within any park shall be placed so that no part of 
any mobile home is closer than: 

(a) 10 feet to any park street; 

(b) 25 feet to any boundary line of the park; or 

(c) 20 feet to any part of any other mobile home or structure. 

 

 40-4-38 - 40-4-39 RESERVED. 


DIVISION V - BUSINESS DISTRICTS 

 

 

 40-4-40 “B-1” – COMMUNITY BUSINESS. The “B-1”, Community Business 
District primarily encompasses the long-established commercial areas of the City where a 
wide range of goods and services is offered to the general public at retail or wholesale. 

 

 

 40-4-41 LOT AND BUILDING REQUIREMENTS. 

 (A) Minimum Lot Area 5,000 sq. ft. 

 (B) Minimum Lot Width 50 feet 

 (C) Minimum Lot Depth 100 feet 

 (D) Minimum Depth of side yard abutting street 25 feet 

 (E) Minimum Setbacks: Generally, none required except as necessary to 
comply with applicable off-street parking and loading requirements. However, any lot that 
abuts any residential district shall meet the front setback and side setback (on the side 
abutting the residential use) requirements of such residential district. (See Section 40-3-
8) 

 (F) Maximum Building Height 35 feet 

 (G) Maximum Percent Coverage Per Lot 50% 

 

 

 40-4-42 PERMITTED USES. The following uses shall be permitted in the “B-
1” – Community Business District: 

 

 Churches and related facilities. 

 Clubs and lodges. 

 Commercial establishments, wholesale and retail except those listed under Section 
40-4-43. 

 Government uses of the Municipality. 

 Medical/dental clinics. 

 Offices. 

 Service establishments. 

 Accessory uses in accordance with Section 40-3-15. 

 

 

 40-4-43 SPECIAL USES. The following may be permitted as special uses in 
the “B-1” District in accordance with Section 40-10-24, to-wit: 

 

 Any use, such as drive-in restaurants, drive-in banks, service stations, etc., that 
offers goods or services directly to customers waiting in parked vehicles, or that sells food 
or beverages for consumption on the premises in parked motor vehicles. 

 Churches and related religious facilities. 


 Dwelling units, if located above the first story. 

 Governmental uses other than those of the Municipality. 

 Nursing homes. 

 Schools. 

 Utility substations. 

 

 

 40-4-44 “B-2” – HIGHWAY BUSINESS DISTRICT. The “B-2”, Highway 
Business District is intended to accommodate and regulate strip commercial developments 
and compatible uses. Since such businesses, both retail and wholesale, draw their 
patrons primarily from the motoring public, they typically require direct access to major 
streets and large lots for off-street parking and loading. 

 

 

 40-4-45 USE RESTRICTIONS. 

 (A) Storage Areas. Any inventory or materials stored outside may be 
open to the sky, but shall be enclosed by walls or solid fences at least six (6) feet high. 

 (B) Refuse Containers. All refuse generated by facilities located within 
this district shall be stored in tightly-covered containers placed in visually-screened areas. 

 (C) Screening. Along the side and rear lot lines of any lot abutting any 
residential district, screening at least six (6) feet high, which completely blocks the view 
from the adjacent residential property shall be installed. The screening shall be approved 
by the Zoning Administrator. 

 (D) Parking. See Article V. 

 (E) Signs. See Article VI. 

 

 

 40-4-46 LOT AND BUILDING REQUIREMENTS. Every principal building 
erected in the “B-2” Highway Business District shall conform to the requirements indicated 
below: 

 (A) Minimum Lot Area 20,000 sq. ft. 

 (B) Minimum Lot Width at established building line 125 feet 

 (C) Minimum Lot Depth 120 feet 

 (D) Minimum Setbacks 

 (1) From front lot line 50 feet 

 (2) Side Yards 

 (a) Minimum total setback from abutting street 50 feet 

 (b) Minimum setback from either side lot line 25 feet 

 (3) From rear lot line 25 feet 

 (E) Maximum Structure Height 35 feet 

 (F) Maximum Percent Coverage Per Lot 50% 


 40-4-47 PERMITTED USES. Provided all the use restrictions of the “B-2” 
District are observed, the following uses are permitted: (See Section 40-4-45) 

 

 Any use permitted in the “B-1” District. (See Section 40-4-42) 

 Churches and related facilities. 

 Clubs and lodges. 

 Commercial establishments, any type, including drive-in facilities. 

 Such uses as the following are specifically appropriate in this District: 

- bowling alleys 
- furniture and appliance sales 
- greenhouses 
- lumber and building supplies sales 
- mobile home, manufactured housing and recreational vehicle sales (Ord. 
No. 96-489; 12-10-96) 
- motor vehicle sales 


 Government uses. 

 Offices. 

 Service establishments, any type, including drive-in facilities. 

 Such uses as the following are especially appropriate in this District: 

- animal hospitals 
- banks and other financial institutions 
- motels 
- motor vehicles services 
- restaurants 
- service stations 


 Accessory uses in accordance with Section 40-3-15. 

 

 

 40-4-48 SPECIAL USES. Provided all the use restrictions of the “B-2 
District are observed, the following uses may be allowed by special-use permit. (See 
Section 40-4-45) 

 

 Bus terminals and bus transportation facilities. 

 Drive-in theaters. 

 Research and development facilities not involving explosives, flammable gases or 
liquids, or live animals. 

 Utility substations. 

 Warehousing and wholesaling of any goods except explosives, flammable gases, 
or live animals. 

 Any use permitted in the “MR-2” District. (See Section 40-4-29) 

 

 

 40-4-49 - 40-4-51 RESERVED. 


DIVISION VI - INDUSTRIAL DISTRICT 

 

 

 40-4-52 “I” - INDUSTRIAL DISTRICT. The “I”, Industrial District is intended 
to provide for areas where light industry, research facilities, warehouses, and wholesale 
businesses may locate without detriment to the remainder of the community. In these 
areas, a satisfactory correlation of factors required by such uses exists or can be readily 
achieved. 

 

 

 40-4-53 USE RESTRICTION. 

 (A) Nuisances Prohibited. No production, processing, cleaning, 
servicing, testing, repair, sale, or storage of goods, materials or equipment shall 
unreasonably interfere with the use, occupancy, or enjoyment of neighboring properties or 
the community as a whole. Unreasonable interferences include, but are not limited to, 
excessive traffic congestion, loud or shrill noises, excessive emission of smoke, emission 
of toxic gases, excessive glare, and noxious odors. 

 (B) Activities Enclosed. All production, processing, cleaning, servicing, 
testing or repair activities shall be conducted within completely enclosed buildings. 
Storage areas may be open to the sky, but shall be enclosed by walls or fences (whether 
solid or chain-link), including gates, at least eight (8) feet high. 

 (C) Buffer Strips. Wherever any industrial use located in this district 
abuts any residential district, a twenty (20) foot wide view and noise control buffer strip 
shall be installed. Such buffer strip shall consist of densely planted shrubbery that is at 
least five (5) feet high when planted and that can be expected to reach a height of ten 
(10) feet when full grown. 

 

 

 40-4-54 LOT AND STRUCTURE REQUIREMENTS. 

 (A) Minimum Lot Area 20,000 sq. ft. 

 (B) Minimum Lot Width at the established building line 125 feet 

 (C) Minimum Lot Depth 150 feet 

 (D) Minimum Setbacks 

 (1) From front lot line 25 feet 

 (2) From any side lot line 25 feet 

 (3) From rear lot line 25 feet 

 (E) Maximum Structure Height 60 feet 

 (G) Maximum Percent Coverage Per Lot 40% 

 

 

 40-4-55 PERMITTED USES. Provided all the use restrictions of the “I” 
District are observed, the following uses are permitted: (See Section 40-4-53) 


 Assembly, manufacturing or processing of any commodity from semi-finished 
materials, provided explosives, flammable gases or liquids live animals are not involved. 

 Freight and bus terminals and related mass transportation facilities. 

 Research and development facilities not involving explosives, or flammable gases 
or liquids. 

 Service stations. 

 Warehousing or wholesaling of goods, except explosives, flammable gases or 
liquids, or live animals. 

 Utility substations or government uses. 

 Accessory uses in accordance with Section 40-3-15. 

 

 

 40-4-56 SPECIAL USES. The following uses may be permitted as special 
uses in the “I” District by special-use permit in accordance with Section 40-10-24, to-wit: 

 

 Any permitted use in the “B-1” or “B-2” Districts. (See Sections 40-4-42 and 
40-4-47) 

 Churches and related religious facilities. 

 Government uses other than those of the Municipality. 

 Nursing homes. 

 Schools. 

 Utility substations. 

 

 

 40-4-57 - 40-4-59 RESERVED. 


ARTICLE V 

 

OFF-STREET PARKING AND LOADING 

 

 

 40-5-1 APPLICABILITY OF ARTICLE. Off-street parking and loading shall 
be provided in accordance with this Article for all structures and uses erected or 
established after the effective date of this Code. 

 

 

 40-5-2 EXISTING PARKING/LOADING FACILITIES. 

 (A) Existing off-street parking or loading facilities located on the same lot 
as the use served shall not be reduced, or if already less than, shall not be further reduced 
below the requirements and standards for similar new structures or uses. 

 (B) When an existing structure or use is damaged or destroyed and 
subsequently repaired or rebuilt, parking/loading equivalent to any maintained at the time 
of such damage or destruction shall be restored, but additional parking/loading spaces 
need not be provided. 

 (C) Whenever the use of any structure or premises is intensified through 
addition of dwelling units, increased floor area, greater seating capacity, etc., additional off-
street parking and loading facilities commensurate with such intensification shall be 
provided. 

 (D) Whenever the existing use of a structure is changed to a different 
use, off-street parking or loading facilities shall be provided as required herein for such 
new use. 

 

 

 40-5-3 PARKING LOT DESIGN STANDARDS. All off-street parking lots 
shall conform to the standards indicated in the subsections which follow: 

 NOTE: Standards applicable to all parking areas are indicated by one asterisk (*); 
standards applicable to all parking areas except those accessory to single- or two-family 
dwellings are indicated by two asterisks (**). 

 

 

 40-5-3.1 SPACES. 

(A) Every off-street parking space shall be at least ten (10) feet wide and 
twenty (20) feet long, and shall have at least seven (7) feet of vertical clearance. Every 
space shall be situated so that no part of any parked vehicle overhangs the public 
right-of-way.(*) 

(B) Markings shall be laid and restored as often as necessary to clearly 
delineate each parking space.(**) 


 40-5-3.2 INTERIOR AISLES. Aisles within parking lots shall be sufficiently 
wide to permit safe and efficient vehicular movement in the aisles, and into and out of 
parking spaces. Aisles designed for two-way traffic shall be at least twenty-two (22) feet 
wide. One-way aisles designed for sixty (60) degree parking shall be at least eighteen 
(18) feet wide.(**) 

 

 

 40-5-3.3 ACCESS WAYS. 

(A) Parking lots shall be designed so that ingress to or egress from a 
parking space is from an aisle or driveway, not directly from the public right-of-way.(*) 

(B) No access way to any parking area shall be located within thirty (30) 
feet of any corner formed by the intersection of the rights-of-way of two (2) or more 
streets. At intersections where traffic control devices are installed, the Administrator may 
increase this requirement as necessary to prevent traffic hazards.(*) 

(C) Parking lot access ways (as well as residential driveways) and public 
streets shall be aligned to form, as closely as feasible, right angles.(*) 

(D) The access way to every parking lot located in any business district 
or in the Industrial District shall be at least twenty-four (24) feet wide unless two (2) 
one-way drives, each twelve (12) feet wide, are provided.(**) 

(E) The access way to every parking lot located in any residential district 
or in the Agriculture District shall be at least ten (10) feet wide; but if the parking area is 
longer than one hundred (100) feet, access shall be provided either by one (1) two-way 
drive at least twenty (20) feet wide or by two (2) one-way drives, each at least ten (10) 
feet wide.(*) 

 

 

 40-5-3.4 SURFACING. Parking lots shall be graded and improved with a 
compacted stone base at least seven (7) inches thick, surfaced with at least two (2) 
inches of asphaltic concrete or approved comparable material. Parking lots used 
exclusively for employees are hereby exempt from these requirements, but shall be 
constructed of an approved dustless surface. (Note: “Oil and chip” is not comparable 
material.)(**) 

 

 

 40-5-3.5 LIGHTING. Any light(s) used to illuminate any parking lot shall be 
arranged or shielded so as to confine direct light rays within the lot lines of the parking lot 
to the greatest extent possible and in no case, shall the light(s) shine on or into nearby 
residences.(*) 

 

 

 40-5-3.6 LANDSCAPING. In order to reduce heat and glare, to minimize 
blowing of dust and trash, and to reduce the oppressive visual effects of large open 
parking areas, landscaping shall be provided and maintained within every parking lot 


that contains twenty (20) or more parking spaces. Parking lots used exclusively for 
employees are hereby exempt from these requirements, but shall be constructed of an 
approved dustless surface.(**) 

 (A) A landscaping plan (either a separate document or an element of a 
more inclusive development plan) shall accompany every application for a Certificate of 
Zoning Compliance to develop any parking lot that will contain twenty (20) or more 
parking spaces. 

 (B) The landscaping plan shall include the following information: 

(1) Proposed type, amount, size and spacing of plantings, 
including trees, shrubbery, and ground cover; 

(2) Proposed size, construction materials, and drainage of 
landscaped islands; and 

(3) Sketch indicating proposed spatial relationships of landscaped 
areas, parking spaces, automobile circulation, and pedestrian 
movement. 

 

 

 40-5-4 LOCATION OF PARKING. All off-street parking shall be located in 
conformity with the following requirements: 

 (A) For Dwellings. 

(1) Parking spaces accessory to any dwelling shall be located on 
the same lot as the dwelling. Such parking spaces shall not 
be located in any required front yard or required side yard 
adjacent to a street except in the driveway, but may be located 
in the side or rear yards. 

(2) Each parking space accessory to a multi-family dwelling shall 
be unobstructed so that no vehicle need be moved in order to 
allow another vehicle to enter/exit the parking area; provided 
that this requirement shall not be applicable to two-family 
dwellings. 

 (B) For Business/Industrial Uses. 

(1) Every off-street parking space accessory to any business or 
industrial use shall be located within five hundred (500) feet 
of the use served; provided that no portion of any parking lot 
for non-residential uses shall extend into any residential district 
or into the Agriculture District, except by written permission of 
the Administrator. 

(2) In any business district or in the Industrial District, off-street 
parking facilities for different buildings or uses may be 
provided collectively; but only if the total number of spaces so 
located together is not less than the sum of the separate 
requirements for each use, and if all other pertinent regulations 
are observed. 


 40-5-5 DESIGN AND LOCATION OF OFF-STREET LOADING 
FACILITIES. All off-street loading facilities shall conform to the minimum standards 
indicated below: 

 (A) Size Of Space. Every off-street loading space shall be at least 
twelve (12) feet wide and forty-five (45) feet long exclusive of aisle and maneuver space, 
and shall have vertical clearance of at least fourteen (14) feet. In no case shall a vehicle 
being loaded or unloaded overhang into the public right-of-way. 

 (B) Access Way. Every off-street loading space shall have a safe 
means of vehicular access to a street or alley. Such access way shall be at least twelve 
(12) feet wide. 

 (C) Surfacing. Every off-street loading area shall be improved with a 
compacted stone base at least seven (7) inches thick, surfaced with at least two (2) 
inches of asphaltic concrete or approved comparable material. (No “oil and chip”) 

 (D) Buffer Strips. No loading space or area for vehicles over two (2) 
ton cargo capacity shall be developed closer than fifty (50) feet to the lot line of any lot 
located in any residential district or in the Agricultural District unless such space/area is 
completely enclosed by walls, a solid fence, or closely planted shrubbery at least ten (10) 
feet in height and of sufficient density to block the view from residential property. 

 (E) Location. Every off-street loading space shall be located on the 
same parcel of land as the use served, and not closer than fifty (50) feet to the 
intersection of the rights-of-way of two (2) or more streets, and not on any required front 
yard. 

 

 

 40-5-6 COMPUTATION OF REQUIRED PARKING/LOADING SPACES. In 
computing the number of parking spaces required by this Code, the Zoning Administrator 
shall apply the following rules: 

 (A) In computing parking space requirements based on the number of 
employees, the maximum number of employees on the premises at any period of the day 
shall be used. “Employee parking” means one (1) parking space shall be required 
per one and one-half (1.5) employees”, unless otherwise stated. 

 (B) In computing parking or loading space requirements on the basis of 
building floor area, the gross floor area shall be used. 

 (C) Whenever it is necessary to translate gross parking lot area into 
number of parking spaces, three hundred fifty (350) square feet of gross area shall be 
deemed one (1) parking space. 

 (D) If computation of the number of parking or loading spaces required by 
this Code results in a fractional space, any fraction of one-half (.5) or more shall be 
counted as one (1) space. 

 (E) No space or portion thereof needed to satisfy the minimum applicable 
requirement for number of off-street parking or loading spaces shall be counted as part of 
the off-street parking or loading spaces required for another structure or use. 


 40-5-7 NUMBER OF PARKING AND LOADING SPACES REQUIRED. 
Off-street parking and loading spaces shall be provided as indicated in tabular form below. 
For any use that is not listed in the table, the same amount of parking and loading space 
shall be provided as is required for the most similar listed use. The Zoning Administrator 
shall make the determination of similarity: 

 

 Parking Spaces Loading Spaces 

 Use Required Required (if any) 

 

(A) Dwellings, Lodgings: 

 

 Motels, Boarding 1 space per lodging unit, 1 space if the use has houses 
plus employee parking 20,000 sq. ft. or more of 

 floor area 

 

 Mobile homes (single 

 wide), mobile home 

 (double wide), manu- 

 factured housing (single 

 section), manufactured 

 housing (multiple section), 

 mobile home (immobi- 

 lized), and manufactured 

 housing (immobilized) 2 spaces per unit Not Applicable 

(Ord. No. 96-489; 12-10-96) 

 

 Multi-family dwellings 2 spaces per dwelling unit Not Applicable 

 

 Single-family & two- 2 spaces per dwelling unit Not Applicable 

 family dwellings 

 

(B) Educational, Institutional, Recreational: 

 

 Churches, assembly 1 space per 4 seats in the Not Applicable 

 halls largest seating area 

 

 Libraries, museums 1 space per 500 sq. ft. of On review by the 

 floor area Administrator 

 

 Nursing Homes 1 space per 5 beds plus 1.5 To 50,000 sq. ft. of floor 

 spaces per employee on the area..1 space; 50,001 – 

 major shift 100,000 sq. ft...2 spaces 


 Parking Spaces Loading Spaces 

 Use Required Required (if any) 

 

 Schools 

 Elementary and 1 space for every 20 students On review by the 

 Junior High that the building is designed Administrator 

 to accommodate, plus 

 employee parking. 

 

 Senior High 1 space for every 4 students On review by the 

 that the building is designed Administrator 

 to accommodate, plus 

 employee parking. 

 

(C) Commercial, Office, Service: 

 

 Note: All commercial 1 space per 300 sq. ft. of To 10,000 sq. ft. of floor 

 and service uses, floor area area...1 space; more than 

 unless specifically 10,000 sq. ft...1 space plus 

 indicated otherwise 1 additional space per 

 below. 50,000 sq. ft. of floor area in 

 excess of 10,000 sq. ft. 

 

 Financial Institutions 

 Walk-in 1 space per 300 sq. ft. (Both walk-in and drive-in): 

 of floor area, plus employee To 30,000 sq. ft. of floor 

 parking area...none required; 30,001 

 to 100,000 sq. ft...1 space 

 

 Drive-in 5 spaces per teller window 

 

 Beauty and Barber 2 spaces per chair, plus Not Applicable 

 shops employee parking 

 

 Bowling Alleys 4 spaces per bowling lane Not Applicable, except as 

 plus additional spaces as required for affiliated uses 

 required herein for affiliated 

 uses such as restaurants and 

 taverns 

 

 Car Wash 3 spaces per wash lane Not Applicable 


 Parking Spaces Loading Spaces 

 Use Required Required (if any) 

 

 

 Furniture and appliance 1 space per 600 sq. ft. of To 25,000 sq. ft. of floor 

 stores floor area area...2 spaces; more than 

 25,000 sq. ft. of floor area... 

 2 spaces, plus 1 additional 

 space per 25,000 sq. ft. of 

 floor area in excess of 

 25,000 sq. ft. 

 

 Home occupations 1 space per 150 sq. ft. of Not Applicable 

 floor area devoted to the 

 home occupation in addition 

 to the parking requirements 

 for the dwelling 

 

 Offices generally, but 1 space per 300 sq. ft. of To 30,000 sq. ft. of floor 

 not medical/dental floor area area...none required. 

 offices 30,001-100,000 sq. ft...1 

 space 

 

 Offices, medical/dental 1 space per 200 sq. ft. of Not Applicable 

 floor area or 3 spaces per 

 professional, whichever is 

 greater. 

 

 Mortuaries 1 space per 5 seats plus 1 1 space per 10,000 sq. ft. or 

 space per funeral vehicle, more of floor area 

 but not less than 20 spaces 

 per chapel or state room 

 

 Restaurants; (Both sit-down and drive-in): 

 refreshment stands 

 Sit-down 1 space per 4 seats or 1 1 space per structure having 

 space per 50 sq. ft. of floor 10,000 sq. ft. or more floor 

 area, whichever is greater area 

 Drive-in 1 space per 25 sq. ft. of 

 floor area 


 Parking Spaces Loading Spaces 

 Use Required Required (if any) 

 

 Service stations 2 spaces per service stall, Not Applicable 

 plus employee parking 

 

 Taverns 1 space per 2 seats or 1 1 space per structure 

 space per 50 sq. ft. of floor having 10,000 sq. ft. or more 

 area, whichever is greater of floor area 

 

 Theaters Not Applicable 

 Indoor 1 space per 4 seats 

 Drive-In On review by the Administrator 

 

 Vehicle sales 1 space per 600 sq. ft. of To 25,000 sq. ft. of floor 

 (autos, boats, trailers, enclosed floor area plus: area and open lot area...2 

 etc.) Up to 10,000 sq. ft. of open More than 25,000 sq. ft. of 

 lot area devoted to sale/ floor area and open lot 

 display of vehicles...1 space area…2 spaces, plus 1 

 2,5000 sq. ft. of open lot area. additional space per 25,000 

 Above 10,000 sq. ft…4 sq. ft. in excess of 25,000 

 spaces plus 1 additional sq. ft. 

 space per 5,000 sq. ft. of 

 open lot area in excess of 

 10,000 sq. ft. 

 

(D) Industrial: 

 

 Any manufacturing, Employee parking (1.5 spaces To 20,000 sq. ft. of floor 

 warehousing, or other per employee) plus 1 area...1 space; 20,001- 

 industrial use space per company vehicle, 50,000 sq. ft...2 spaces; 

 plus 1 visitor space per 25 50,001-90,000 sq. ft...3 

 employees on the major shift spaces; above 90,000 sq. 

 ft...3 spaces plus 1 

 additional space per 50,000 

 sq. ft. of floor area in 

 excess of 90,000 sq. ft. 


ARTICLE VI 

 

SIGN REGULATIONS 

 

 

 40-6-1 GENERAL PROHIBITION. Any sign not expressly permitted in this 
Article shall be deemed prohibited. 

 

 

 40-6-2 COMPUTATION OF SIGN AREA ALLOWANCE. Within the 
limitations and restrictions as further provided in this Article, the total area of all signs 
which an establishment is permitted to display shall be computed according to the 
following formula: 

 

One (1) square foot of sign area per one (1) foot of street frontage or 
two (2) square feet of sign for each lineal foot of the front width of the 
business. 

 

provided, however, that no establishment in any district shall display more than three 
hundred (300) square feet of sign on any street front. 

 

 

 40-6-2.1 DEFINITION OF SIGN AREA. As used in this Article, the term “sign 
area” means the area of the one imaginary square or rectangle which would completely 
enclose all the letters, parts, or symbols of a sign. (See Figures 3 and 4 at End of Code) 

 

 

 40-6-2.2 SPECIAL SITUATIONS. 

 (A) Except as specifically provided otherwise in this Article, if an 
establishment has frontage on two (2) or more streets, each side having such frontage 
shall be considered separately for purposes of determining compliance with the provisions 
of this Article. However, the area allowance for signs shall not be aggregated so as to 
permit such establishment to display on any one (1) frontage a greater area of signs than 
would be permitted by application of the formula set forth above. 

 (B) The side of an establishment adjacent to an off-street parking area 
shall not be deemed frontage unless the establishment has no other frontage. 

 

 

 40-6-3 SIGNS TO BE NON-HAZARDOUS, WELL-MAINTAINED. 

 (A) No sign shall be erected, relocated or maintained so as to prevent 
free access or egress from any door, window, fire escape, or driveway. 


 (B) No sign shall be erected or maintained in such a manner that it 
interferes with, obstructs the view of, or is likely to be confused with any authorized traffic 
control device. 

 (C) Every sign shall be designed and constructed in conformity with any 
applicable provisions of the adopted Building Code. 

 (D) Every sign and appurtenance shall be maintained in a neat and 
attractive condition by its owner. The sign supports shall be kept painted to prevent rust or 
deterioration. 

 

 

 40-6-4 ILLUMINATION. Illumination of signs is permitted, subject to the 
following requirements: 

 (A) No sign shall employ red, yellow, or green lights in such a manner as 
to confuse or interfere with vehicular traffic. 

 (B) No sign other than those providing time and temperature information 
shall have blinking, flashing, or fluttering lights or any other illuminating device which has a 
changing light intensity, brightness, or color; provided, however, that this provision shall 
not apply to any message on any electronically-operated, changeable sign. 

 (C) The light from any illuminated sign shall be shaded, shielded, or 
directed so that it creates neither a nuisance to adjacent property nor a traffic hazard. 

 

 

 40-6-5 NONCONFORMING SIGNS. A nonconforming sign means any 
lawfully erected sign or billboard that does not conform to one or more provisions of this 
Article or any amendment thereto. 

 

 

 40-6-6 RESTRICTIONS. Any nonconforming sign as defined in Section 40-
6-5 that does not pose an imminent peril to life or property may lawfully remain subject to 
all the restrictions on the enlargement, alteration, or relocation, or reconstruction of 
nonconforming structures set forth in Article VIII of this Code; provided as follows: 

 (A) Merely changing the message displayed on a nonconforming sign 
shall not be construed as a prohibited alteration; 

 (B) Whenever any sign is nonconforming solely because it is appurtenant 
to a nonconforming commercial/industrial use located in the Agricultural District or in any 
residential district, said sign shall be treated in the same manner as it would be if it were 
appurtenant to a commercial/industrial use located in any Business District or in the 
Industrial District. 


 40-6-7 STRICTLY PROHIBITED SIGNS. Except as specifically noted 
otherwise, henceforth, the following signs and street graphics are strictly prohibited 
throughout the City: 

 (A) Mobile/Portable Marquees. 

 (B) Signs attached to trees, fences or public utility poles, other than 
warning signs posted by government officials or public utilities. 

 (C) Defunct Signs, including the posts or other supports therefor that 
advertise or identify an activity, business, product, or service no longer conducted on the 
premises where such sign is located. 

 (D) Roof-mounted signs. 

 

 

 40-6-8 SIGNS PERMITTED IN ANY DISTRICT. Any sign or other street 
graphic enumerated below that complies with the indicated requirements is permitted in 
any district of the City. Such signs or street graphics shall not be debited against the 
displaying establishment’s sign area allowance. (See Sec. 40-6-2) 

 (A) Construction Signs identifying the architects, engineers, 
contractors, and other individuals or firms involved with the construction, and/or 
announcing the character or purpose of the building, but not advertising any product: Such 
signs shall not exceed twenty-four (24) square feet in area, shall be confined to the site 
of the construction, and shall be removed within fourteen (14) days after the intended use 
of the project has begun. 

 (B) Real Estate Signs, indicating the sale, rental, or lease of the 
premises on which they are located: Such signs on residential property shall not exceed 
six (6) square feet; on other property, such signs shall not exceed sixteen (16) square 
feet. Not more than one (1) real estate sign per street front shall be erected on any lot. 
Such signs shall be removed within seven (7) days of the sale, rental or lease. 

 (C) Political Signs, announcing candidates seeking public/political office 
and/or political issues and other pertinent information: Not more than one (1) such sign 
shall be erected on any lot or premises. In any Agricultural District, and in any Residential 
District, political signs shall not exceed eight (8) square feet; in other districts, such signs 
shall not exceed thirty-two (32) square feet. Political signs shall be removed within 
seven (7) days after the election to which they pertain, by the party responsible for their 
erection. 

 (D) Garage Sale Signs, advertising a garage or yard sale to be held on 
private residential property: Such signs shall not exceed four (4) square feet, and shall 
not be posted for longer than five (5) days. 

 (E) Public Interest Signs and Street Banners, publicizing a charitable 
or non-profit event of general public interest: In the Agricultural District, and in any 
Residential District, public interest signs shall not exceed thirty-two (32) square feet. 
Public interest signs and street banners shall be permitted only for sixty (60) days before 
and seven (7) days after the event. 


 (F) Governmental, Public, and Directional Signs: Such as traffic 
control signs; railroad crossing signs; legal notices; signs indicating the location of 
underground cables; no trespassing signs; no parking signs; signs indicating the entrances 
and exits of parking lots; signs indicating the location of public telephones; restrooms, etc.; 
and so forth. 

 (G) Institutional Signs identifying a public, charitable, or religious 
institution: Such signs shall be located on the premises of such institution, shall not 
obstruct the vision of motorists, and shall not exceed twenty-four (24) square feet. 

 (H) Integral Signs carved into stone or inlaid so as to become part of the 
building, and containing such information as date of erection, name of building, and 
memorial tributes. 

 (I) Home Occupation Signs, identifying only the name and occupation 
of the residents: Home occupation signs shall not be illuminated, and shall not exceed 
four (4) square feet. 

 (J) Subdivision Entrance Signs, identifying a residential subdivision or 
apartment complex: Such signs shall contain no commercial advertising, and shall not 
exceed twenty (20) square feet. 

 (K) Permanent House Numbers and/or Permanent Name of 
Occupant Signs located on the lot to which the sign applies: such signs shall not exceed 
two (2) square feet for single-family dwelling, nor six (6) square feet for multiple-family 
dwellings. 

 (L) Signs Located in the Interior of Any Building or within an 
enclosed lobby or court of any building or group of buildings, provided such signs are 
designed and located to be viewed exclusively by the patrons or residents of such 
buildings. 

 

 

 40-6-9 AGRICULTURAL; RESIDENTIAL DISTRICTS. No sign other than 
those listed in Section 40-6-8 shall be erected in the Agricultural District or in any 
Residential District. 

 

 

 40-6-10 BUSINESS; INDUSTRIAL DISTRICTS. No establishment located in 
any Business District or in the Industrial District shall display on any street front a total area 
of sign in excess of the allowance derived by application of the formula set forth in Section 
40-6-2 and 40-6-8. 

 Additionally, signs in any Business District or in the Industrial District shall conform 
to the requirements indicated in the subsections below: 

 

 

 40-6-10.1 FLUSH-MOUNTED SIGNS. No flush-mounted (wall) sign shall: 

(A) Project more than eighteen (18) inches from the wall or surface to 
which it is attached; or 

(B) Extend above the roof line of the building to which it is attached. 


 40-6-10.2 WINDOW SIGNS. Signs permanently mounted in display windows 
shall not be debited against the sign area allowance of the particular establishment. 

 

 

 40-6-10.3 PROJECTING SIGNS. No establishment shall display more than 
one (1) projecting sign on any street front. No projecting sign shall: 

(A) Project above the roof line of the building to which it is attached; or 

(B) Extend below a point eight (8) feet above the ground or pavement; 
or 

(C) Project over a driveway or beyond the curbline of any public street; or 

(D) Project more than four (4) feet from the building to which it is 
attached; or 

(E) Extend to a point above twelve (12) feet. 

 

 

 40-6-10.4 CANOPY OR MARQUEE SIGNS. Signs mounted flush on any 
canopy or marquee shall be considered flush-mounted (wall) signs, and shall meet the 
requirements of Section 40-6-10.1. Signs suspended beneath a canopy or marquee shall 
be considered projecting signs, and shall meet the requirements of Section 40-6-10.3. 

 

 

 40-6-10.5 FREESTANDING SIGNS. No establishment shall display more than 
one (1) freestanding sign on any street front. Freestanding signs, whether mounted on 
the ground or post-mounted, shall comply with the following regulations: 

(A) No part of any freestanding sign shall intrude into any public right-of-
way. No part of any freestanding sign that extends below a point ten (10) feet above the 
ground or pavement shall be located closer than ten (10) feet from the public right-of-way 
line. 

(B) The area of any freestanding sign, calculated in accordance with 
Section 40-6-2.1 shall not exceed one hundred (100) square feet. 

(C) When attached to its structural supports, no part of any freestanding 
sign shall extend more than thirty-five (35) feet above the ground or pavement. 

(D) The length or width of any freestanding sign shall not exceed twelve 
(12) feet. 

 

 

 40-6-10.6 BILLBOARDS. Billboards and other off-premises advertising signs 
are strictly prohibited in every district except the Industrial District. No billboard shall: 

(A) Be stacked on top of another billboard; or 

(B) Be located closer than twenty-five (25) feet to any lot line or any 
public right-of-way; or 


(C) Be located closer than five hundred (500) feet from any other 
billboard on the same side of the roadway; or 

(D) Extend more than twenty (20) feet above the ground or pavement; 

(E) Exceed three hundred (300) square feet in area. 

 

 

 40-6-11 TEMPORARY SIGNS. Temporary signs shall not remain in place for 
a period of more than thirty (30) days except when the Zoning Administrator extends the 
time period for an additional thirty (30) days. Any further time extension shall thereafter 
be applied for through Zoning Board of Appeals and the Board may grant such time 
extension as seems reasonable and necessary in compliance with this Article. A permit is 
required for all temporary signs. 


ARTICLE VII 

 

ADDITIONAL SUPPLEMENTARY REGULATIONS 

 

 

 40-7-1 APPLICABILITY OF ARTICLE. This Article establishes lot and 
structure requirements and design/operational standards for specific, potentially 
troublesome structures and uses. These regulations apply in every zoning district where 
the specific structure or use is permitted or allowed by special use permit; but if more 
stringent regulations are applicable in any particular district, such regulations shall prevail. 

 

 

 40-7-2 AGRICULTURAL ACTIVITIES. 

 (A) Farm Animals. No barn, stable, shed, or other structure intended to 
shelter farm animals shall be erected closer than three hundred (300) feet to any existing 
dwelling, or closer than two hundred (200) feet to any lot line of residential property, 
whichever distance is greater. Similarly, fences shall be erected or other means shall be 
taken to prevent farm animals from approaching closer than three hundred (300) feet to 
any existing dwelling or closer than two hundred (200) feet to any lot line or residential 
property, whichever distance is greater. 

 (B) Farm Equipment/Commodities. No agricultural equipment or 
commodities (including, but not limited to, baled crops, fertilizer, pesticides/herbicides) 
shall be stored outdoors closer than three hundred (300) feet to any existing dwelling or 
closer than two hundred (200) feet to any lot line of residential property, whichever 
distance is greater. If said equipment/commodities are stored within a completely 
enclosed structure, said structure shall be located at least one hundred (100) feet from 
any lot line of residential property. 

 (C) Barbed Wire/Electrical Fences. (See Section 40-7-3(A).) 

 

 

 40-7-3 FENCES, WALLS. 

 (A) No barbed wire or electrically-charged fence shall be erected or 
maintained anywhere in the City, except in the Agricultural District by special-use permit. 

 (B) No fence, wall, or other obstruction shall be erected within any public 
right-of-way or utility easement, except by written permission of the Zoning Administrator. 

 (C) No fence, wall, or other obstruction shall be erected in violation of the 
Illinois Drainage Code, Illinois Compiled Statutes, Chapter 70, Sections 2-1 through 
2-12, as amended from time to time. 


 (D) Fences, walls, and hedges in any district may be located on lot lines, 
provided such fences, walls and hedges exceeding six (6) feet in height shall be subject to 
the minimum yard requirements of the district in which such fences are located. 

 (E) Every fence, wall or other obstruction shall conform to the special 
height restrictions applicable in areas near intersections. (See Section 40-3-13(B)) 

 

 

 40-7-4 HOME OCCUPATIONS. A “home occupation” means any business, 
profession, or occupation conducted for gain or support entirely within any dwelling or on 
any residential premises. Within the City, every home occupation shall be considered a 
special use. No home occupation shall be established or conducted except in conformity 
with the following regulations: 

(A) Floor Space. The total area devoted to a home occupation shall not 
exceed twenty-five percent (25%) of the gross floor area of the dwelling, or three 
hundred (300) square feet, whichever is less. 

 (B) Dwelling Alterations. In any Residential District, a dwelling shall not 
be altered to accommodate a home occupation in such a way as to materially change the 
residential character of the building. 

 (C) Outdoor Storage. In any residential district, unenclosed storage of 
equipment or materials used in connection with a home occupation is prohibited. 

(D) Nuisances. A home occupation shall not generate any offensive 
noise, vibration, smoke, dust, odors, heat, glare, or electrical interference noticeable at or 
beyond the lot lines. 

 (E) Parking. (See Section 40-5-7) 

 (F) Signs. (See Section 40-6-8) 

 

 

 40-7-5 JUNK YARDS. 

 (A) No part of any junk yard, which includes any lot on which any three 
(3) or more inoperable vehicles are stored, shall be located closer than five hundred (500) 
feet to the boundary of any residential district. 

 (B) All vehicles, parts, and equipment shall be stored within a completely 
enclosed structure or within an area screened by a wall, solid fence, or closely-planted 
shrubbery at least ten (10) feet high and of sufficient density to block the view from 
adjacent property. 

(See definition of “Junk Yard”, Section 40-2-2) 

 

 

 40-7-6 NURSING HOMES. 

 (A) The lot on which any nursing home is situated shall have a minimum 
width and depth of two hundred (200) feet, and a minimum area of two (2) acres. 


 (B) The principal building of any nursing home shall be located at least 
twenty-five (25) feet from all lot lines. 

 

 

 40-7-7 RECREATIONAL VEHICLES. The regulations of this Section do not 
apply to travel trailers or other recreational vehicles parked in a permitted travel trailer park 
that conforms to the requirements of the Mobile Housing Code. The requirements of 
paragraphs (A), (C), and (D) do not apply to travel trailers or other recreational vehicles 
parked on a permitted recreational vehicle sales lot. 

 (A) Not more than two (2) travel trailers or recreational vehicles shall be 
parked on any lot. They shall not be parked on a street. 

 (B) No travel trailer or other recreational vehicle shall be used as a 
dwelling. 

 (C) No travel trailer or other recreational vehicle shall be used as an 
office or for any other commercial purpose. 

 (D) Travel trailers or recreational vehicles shall be required to have 
setbacks as required for accessory buildings. 

 (E) No travel trailer or other recreational vehicle shall be parked on any 
front yard. 

 (F) No unlicensed mobile home may be located in a travel trailer or 
recreational vehicle park. 

 

 

 40-7-8 SERVICE STATIONS. 

 (A) All gasoline pumps and other service facilities shall be located at least 
twenty-five (25) feet from any street right-of-way line, side lot line, or rear lot line. 

 (B) Every access way shall be located at least two hundred (200) feet 
from the principal building of any fire station, school, public library, church, park or 
playground, and at least thirty (30) feet from any intersection of public streets. 

 (C) Every device for dispensing or selling milk, ice, soft drinks, snacks, 
and similar products shall be located within or adjacent to the principal building. 

 (D) All trash receptacles, except minor receptacles adjacent to the 
gasoline pumps, shall be screened from view. 

 (E) Whenever the use of a service station has been discontinued for 
twelve (12) consecutive months or for eighteen (18) months during any three (3) year 
period, the Administrator shall order that all underground storage tanks be removed or 
filled with material approved by the Fire Chief. 

 (F) A permanent curb of at least four (4) inches in height shall be 
provided between the public sidewalk and the gasoline pump island, parallel to and 
extending the complete length of the pump island. 


 40-7-9 SWIMMING POOLS. 

 (A) No private swimming pool shall be located in any front yard or closer 
than ten (10) feet to any side or rear lot line. 

 (B) Every swimming pool that is more than two (2) feet deep shall be 
enclosed by a wall or fence at least four (4) feet in height. The passage through such wall 
or fence shall be equipped with a gate. 

 (C) All lights used to illuminate any swimming pool shall be arranged or 
shielded so as to confine direct light rays within the lot lines to the greatest extent possible. 

 

 

 40-7-10 UTILITY SUBSTATIONS. Every electrical substation, gas regulator 
station, telephone exchange facility, private sewage treatment plant, private water storage 
facility, or similar facility shall be deemed a special use, and shall conform to the following 
regulations: 

 (A) Every lot on which any such facility is situated shall meet the 
minimum area and dimension requirements of the district in which it is located. Every part 
of any such facility shall be located at least twenty-five (25) feet from all lot lines, or shall 
meet the district setback requirements, whichever is greater. 

 (B) In any residential district, every such facility shall be designed, 
constructed, and operated so that it is compatible with the residential character of the area. 

 (C) Screening at least ten (10) feet in height and of sufficient density to 
block the view from adjacent property shall be installed around every such facility. 
Furthermore, if the Administrator determines that the facility poses a safety hazard (for 
example, if there are transformers exposed), he shall require that a secure fence at least 
ten (10) feet in height be installed behind the planting screen. 

 

 

 40-7-11 LIGHTING CONTROLS. Any light used for the illumination of signs, 
parking areas, swimming pools, or for any other purpose shall be arranged in such a 
manner as to direct the light away from neighboring residential properties and away from 
the vision of passing motorists. 


ARTICLE VIII 

 

NONCONFORMITIES 

 

 

 40-8-1 NATURE OF NONCONFORMITIES. The requirements imposed by 
this Code are designed to guide the use of land by encouraging the development of 
structures and uses that are compatible with the predominant character of each of the 
various districts. Lots, structures, and uses of land or structures that do not conform to the 
requirements of the district in which they are located tend to impede appropriate 
development. For example, nonconformities are frequently responsible for heavy traffic on 
residential streets, the overtaxing of parking facilities, the creation of nuisances, and/or the 
lowering of property values. The regulations in this Article are intended to alleviate 
such existing/potential problems by encouraging the gradual elimination of 
nonconformities. 

 

 

 40-8-2 NONCONFORMING LOTS. If the Zoning Board of Appeals grants a 
variance for any vacant lot that does not conform to one (1) or more of the lot size (area 
dimensions) requirements of the district in which it is located, that lot may, nonetheless, be 
developed for any use permitted in that district if such vacant lot: 

 (A) was recorded in the office of the County Recorder of Deeds prior to 
the effective date of this Code (or pertinent amendment thereto); and 

 (B) is at least fifty (50) feet wide. 

 

 

 40-8-2.1 TWO OR MORE LOTS IN COMMON OWNERSHIP. If two (2) or 
more lots or combinations of lots and portions of lots with continuous frontage were of 
record and in common ownership on the effective date of this Code, and if one (1) or more 
of those lots does not meet the minimum lot width, depth, or area requirements of the 
district in which it is located, the land involved shall be considered an undivided parcel. No 
portion of any such parcel shall be developed except in compliance with this Code, nor 
shall any such parcel be divided so as to create a lot that does not meet the requirements 
of this Code. 

 

 

 40-8-3 NONCONFORMING STRUCTURES. Any otherwise lawful structure 
which exists on the effective date of this Code, but which could not be erected under the 
terms of this Code because of requirements/restrictions concerning lot size, height, 
setbacks, or other characteristics of the structure or its location on the lot, may lawfully 
remain, subject to the following provisions: 

 (A) Maintenance. A nonconforming structure may be maintained by 
ordinary repairs. 


 (B) Enlargement, Alterations. A nonconforming structure shall not be 
enlarged or altered in any way which increases its nonconformity. 

 (C) Relocation. A nonconforming structure shall not be moved unless, 
after relocation, it will conform to all the regulations of the district in which it is situated. 

 (D) Reconstruction. No structure which is destroyed or damaged by 
any means shall be reconstructed if the Administrator determines that the cost of such 
reconstruction exceeds fifty percent (50%) of the structure's market value at the time of 
loss, unless after reconstruction the structure will conform to all applicable regulations of 
the district in which it is located. In the event the Administrator determines the estimated 
cost of reconstruction is less than fifty percent (50%) of the structure's market value at the 
time of loss, repairs or reconstruction shall be permitted, provided such work starts within 
six (6) months from the date the damage occurred and is diligently prosecuted to 
completion. 

 The Administrator may require that the reconstruction cost estimate be made by a 
bona fide construction contractor, and that the structure's market value at the time of loss 
be determined by a licensed real estate appraiser. The owner of the damaged structure 
shall be responsible for obtaining these estimates for the Administrator. 

 As an alternative, the market value may be determined by the Administrator by 
using the “state equalized assessed value” multiplied by the number three (3). 

 The provisions of paragraph (D) shall not apply to single-family dwellings. 

 

 

 40-8-4 NONCONFORMING USES OCCUPYING A STRUCTURE. If any 
lawful use occupying a structure exists on the effective date of this Code, but would not be 
allowed under the terms of this Code, such use may lawfully continue, subject to the 
following provisions: 

 (A) Maintenance. Any structure housing a nonconforming use may be 
maintained through ordinary repairs. 

 (B) Enlargement, Alteration, Reconstruction, Relocation. No 
structure housing a nonconforming use shall be enlarged, structurally altered, 
reconstructed, or relocated unless the use of the structure is changed to a permitted use. 

 (C) Extension of Use. No nonconforming use may be extended to any 
part(s) of the structure not intended or designed for such use, nor shall the nonconforming 
use be extended to occupy any land outside such structure. 

 (D) Change of Use. A nonconforming use occupying a structure may be 
changed to a similar use, to a more restrictive use, or to a conforming use. Such use shall 
not thereafter be changed to a less restrictive use. 

 (E) Discontinuance of Use. When a nonconforming use of a structure 
or of a structure and premises in combination is discontinued for twelve (12) consecutive 
months or for eighteen (18) months during any three (3) year period, the nonconforming 
use shall not thereafter be resumed. Any discontinuance caused by government action 
and without any contributing fault by the nonconforming user shall not be counted in 
calculating the length of discontinuance. 


 40-8-5 NONCONFORMING USE OF LAND. Any lawful use of land existing 
on the effective date of this Code that would not be permitted under the terms of this Code 
may lawfully continue, subject to the following provisions: 

 (A) Intensification or Extension of Use. A nonconforming use of land 
shall not be intensified, or extended to occupy a greater area of land than was occupied by 
such use on the effective date of this Code. 

 (B) Relocation. No nonconforming use of land shall be moved, in whole 
or in part, unless such use, upon relocation, will conform to all pertinent regulations of the 
district in which it is proposed to be located. 

 (C) Change of Use. Whenever a nonconforming use of a building has 
been changed to a more restrictive use or to a conforming use, such use shall not 
thereafter be changed to a less restrictive use. If no structural alterations are made, a 
nonconforming use of a building may be changed to another nonconforming use of the 
same or more restricted classification. 

 (D) Discontinuance. When a nonconforming use of land is discontinued 
for a period of twelve (12) consecutive months or for eighteen (18) months during any 
three (3) year period, it shall not thereafter be resumed, and any subsequent use of such 
land shall conform to the applicable district regulations. Any discontinuance caused by 
government action and without any contributing fault by the owner or operator shall not be 
counted in calculating the length of discontinuance. 

 

 

 40-8-6 NONCONFORMITIES UNDER PERMIT AUTHORITY. The 
regulations of this Article shall not apply to any change in an existing structure or to any 
change in the use of a structure or of land for which a permit was issued prior to effective 
date of this Code or any pertinent amendment thereto, provided that the work authorized 
by such permit is completed within a reasonable time. 


ARTICLE IX 

 

ADMINISTRATION AND ENFORCEMENT 

 

 

 40-9-1 APPOINTMENT AND DUTIES OF THE ZONING 
ADMINISTRATOR. There is hereby established the office of Zoning Administrator, who 
shall be appointed by the Mayor, with the advice and consent of the City Council for a term 
of two (2) years. 

 The Zoning Administrator is hereby authorized and directed to administer and 
enforce the provisions of this Code. This broad responsibility encompasses, but is not 
limited to, the following specific duties: 

 (A) To review and pass upon applications for initial and final certificates 
of zoning compliance; 

 (B) To inspect lots, structures, and uses to determine compliance with 
this Code, and where there are violations, to initiate appropriate corrective action; 

 (C) To review and forward to the Zoning Board of Appeals all appeals 
and applications for variances, special-use permits, and forward all amendments to the 
Plan Commission. 

 (D) To maintain up-to-date records of matters related to this Code, 
including, but not limited to, district maps, certificates of zoning compliance, special-use 
permits, variances, interpretative decisions of the Zoning Board of Appeals, amendments 
and all applications/documents related to any of these items; 

 (E) To republish the zoning district map not later than March 31st if any 
rezonings or annexations have been approved during the preceding calendar year; 

 (F) To provide information to the general public on matters related to this 
Code; and 

 (G) To perform such other duties as the City Council may prescribe from 
time to time. (Ord. No. 96-489; 12-10-96) 

 

 

 40-9-2 INITIAL CERTIFICATES OF ZONING COMPLIANCE. Upon the 
effective date of this Code, no land shall be developed, no new use or structure shall be 
established or erected, and no existing use or structure shall be enlarged, extended, 
altered, relocated, or reconstructed until an initial certificate of zoning compliance has 
been issued. The Administrator shall not issue an initial certificate of zoning compliance 
unless he determines that the proposed activity conforms to the applicable provisions of 
this Code. 


 40-9-2.1 APPLICATION. Every applicant for an Initial Certificate of Zoning 
Compliance shall submit to the Administrator, in graphic and/or narrative form, all the 
items of information listed below that are applicable to the particular project. The 
Administrator shall decide which items are applicable. (NOTE: Filing fee required in 
Section 40-9-7.) 

 

ITEMS OF INFORMATION: 

 

 (A) Name and address of the applicant; 

 (B) Name and address of the owner or operator of the proposed lot, 
structure or use, if different from (A); 

 (C) Brief, general description/explanation of the proposal; 

 (D) Location of the proposed lot, use or structure, and its relationship to 
adjacent lots, uses, or structures; 

 (E) Area and dimensions of the site for the proposed structure or use; 

 (F) Existing topography of the site, and proposed finished grade; 

 (G) Existing and proposed screening, landscaping, and erosion control 
features on the site, including the parking area; 

 (H) Height and setbacks of the proposed structure; 

 (I) Number and size of proposed dwelling units, if any; 

 (J) Location and number of proposed parking/loading spaces and access 
ways; 

 (K) Identification and location of all existing or proposed utilities, whether 
public or private; and/or 

 (L) Any other pertinent information that the Administrator may require. 

 

 

 40-9-2.2 DURATION OF CERTIFICATE. Initial Certificates of Zoning 
Compliance shall be valid for one (1) year, or until revoked for failure to abide by a 
corrective action order. The Administrator may renew Initial Certificates of Zoning 
Compliance for successive one (1) year periods upon written request, provided the 
applicant is making a good faith effort to complete the authorized work. (See Chapter 6 
“Building Code” in Revised Code) 

 

 

 40-9-2.3 RELATIONSHIP TO BUILDING PERMITS. Upon the effective date 
of this Code, no building permit for the erection, enlargement, extension, alteration, or 
reconstruction of any structure shall be issued until the applicant for such permit has 
properly obtained an initial certificate of zoning compliance pertaining to such work. 

 

 

 40-9-3 FINAL CERTIFICATES OF ZONING COMPLIANCE. No lot or part 
thereof that has been recorded or developed after the effective date of this Code, and no 
structure or use, or part thereof, that has been erected, enlarged, altered, relocated, 


or reconstructed after the effective date of this Code shall be used, occupied or put into 
operation until a final certificate of zoning compliance has been issued. The Administrator 
shall not issue a final certificate of zoning compliance until it has been determined, by 
inspection, that the work authorized by the initial certificate of zoning compliance has 
been completed in accordance with approved plans. Failure to obtain a final certificate of 
zoning compliance shall constitute a separate violation of this Code. 

 

 

 40-9-4 CORRECTIVE ACTION ORDERS. Whenever the Zoning 
Administrator finds, by inspection or otherwise, that any lot, structure, or use, or work 
thereon is in violation of this Chapter, he shall so notify the responsible party, and shall 
order appropriate corrective action. 

 

 

 40-9-4.1 CONTENTS OF ORDER. The order to take corrective action shall be 
in writing and shall include: 

 (A) A description of the premises sufficient for identification; 

 (B) A statement indicating the nature of the violation; 

 (C) A statement of the remedial action necessary to effect compliance; 

 (D) The date by which the violation must be corrected; 

 (E) A statement that the alleged violator is entitled to a conference with 
the Administrator if he so desires; 

 (F) The date by which an appeal of the corrective action order must be 
filed, and a statement of the procedure for so filing; and 

 (G) A statement that failure to obey a corrective action order shall result 
in revocation of the certificate of zoning compliance and may result in the imposition of 
fines. 

 

 

 40-9-4.2 SERVICE OF ORDER. A corrective action order shall be deemed 
properly served upon the owner, occupant, or operator of the offending lot, structure, or 
use if it is: 

 (A) Served upon him personally; 

 (B) Sent by certified mail to his last known address; or 

 (C) Posted in a conspicuous place on or about the affected premises. 

 

 

 40-9-4.3 STOP ORDERS. Whenever any work being done in violation of an 
Initial Certificate of Zoning Compliance, the Administrator’s corrective action order may 
state that the violation be stopped immediately. In such case, the corrective action order is 
equivalent to a stop order. (See Sec. 40-9-4.1(D)) 


 40-9-5 EMERGENCY MEASURES. Notwithstanding any other provisions of 
this Code, whenever the Administrator determines that any violation of this Code poses an 
imminent peril to life or property, he may institute, without notice or hearing, any necessary 
proceedings to alleviate the perilous condition. 

 

 

 40-9-6 COMPLAINTS. Whenever any violation of this Code occurs, or is 
alleged to have occurred, any person may file a written complaint on forms provided by the 
Administrator. The Administrator shall record such complaints, promptly investigate, and, if 
necessary, institute appropriate corrective action. 

 

 

 40-9-7 FEES. The City Council establishes the following schedule of fees 
for the various permits and procedures listed in this Code. The fees are intended to defray 
the administrative costs connected with the processing/conducting of such permits or 
procedures; the fees do not constitute a tax or other revenue-raising device. All such fees 
shall be paid in advance by the applicant to the City Clerk as follows: 

 

 (A) Zoning Occupancy Fees: 

 

Single-Family Residence $25.00 or $0.04 per sq. ft. (whichever is 
greater) 

Multi-Family Residence $25.00 per unit or $0.04 per sq. ft. 
(whichever is greater) 

Commercial or Business Structure $100.00 or $0.04 per sq. ft. (whichever is 
greater) 

Industrial Structure $150.00 or $0.04 per sq. ft. (whichever is 
greater) 

Mobile Home Unit and Manufactured 

 Housing Unit $25.00 or $0.04 per sq. ft. (whichever is 
greater) 

Accessory Building $10.00 per building or $0.04 per sq. ft. 
(whichever is greater) 

Structural Additions $10.00 or $0.04 per sq. ft. (whichever is 
greater) 

Plan Development $500.00 or $0.04 per sq. ft. (whichever is 
greater) 

Mobile Home Park Permit $500.00 or $25.00 per pad; (whichever is 
greater, plus engineering costs, if any) 

Miscellaneous Permit $0.01 per sq. ft. 

 (i.e. Parking Lot, Deck, Driveway, etc.) ($5.00 Minimum) ($25.00 Maximum) 

Sign Permit $5.00 or $.05 per sq. ft.; (whichever is 
greater) 

(Ord. No. 96-489; 12-10-96) 


 All fees for the above projects that are started prior to obtaining the Zoning 
Occupancy Permit and/or paying the fees shall be doubled. 

 

 (B) Zoning Board of Appeals and Plan Commission Fees: 

Interpretation of Code (Appeal) $25.00, plus mailing and publication costs 

Special-Use Permit $25.00, plus mailing and publication costs 

Variance Permit $25.00, plus mailing and publication costs 

Amendments $25.00, plus mailing and publication costs 

 

 

 40-9-8 PENALTIES. 

 (A) Any person who is convicted of a violation of this Code shall be fined 
not less than Fifty Dollars ($50.00), nor more than Five Hundred Dollars ($500.00), plus 
costs. Each day on which a violation continues shall be considered a separate offense. 

 (B) Nothing contained in this Section shall prevent the City from taking 
any other lawful action that may be necessary to secure compliance with this Code. 


ARTICLE X 

 

SPECIAL PROCEDURES AND PERMITS 

 

DIVISION I - BOARD OF APPEALS 

 

 

 40-10-1 ZONING BOARD OF APPEALS. The Zoning Board of Appeals is 
hereby established in accordance with Illinois law. (See 65 ILCS Sec. 5/11-13-3) 

 

 

 40-10-2 MEMBERSHIP, APPOINTMENT, COMPENSATION. The Zoning 
Board of Appeals shall consist of seven (7) members , all of whom shall reside within the 
City. Each Board member shall be appointed by the Mayor with the advice and consent of 
the City Council. One (1) of the members so appointed shall be named as Chairperson at 
the time of his/her appointment. (Ord. No. 96-489; 12-10-96) 

 

 

 40-10-3 TERM OF OFFICE - VACANCIES. Every member of the Zoning 
Board of Appeals, which was established pursuant to the former Zoning Code shall be 
entitled to serve on the Zoning Board of Appeals established by this Section until the date 
his/her term of office would have expired if the former Zoning Code had remained in effect. 
Any person appointed to the Zoning Board of Appeals on or after the effective date of this 
Code shall hold office for five (5) years from the date of his/her appointment, and until 
his/her successor has been selected and qualified. 

 With the advice and consent of the City Council, the Mayor may remove any 
member of the Zoning Board of Appeals for cause after a public hearing. Vacancies on 
the Zoning Board of Appeals shall be filled for the unexpired term of the member whose 
place has become vacant in the same manner as provided for the appointment of new 
members. (Ord. No. 96-489; 12-10-96) 

 

 

 40-10-4 MEETING--QUORUM. All meetings of the Zoning Board of Appeals 
shall be held at the call of the Chairperson and at such times as the Board may determine. 
All Board meetings shall be open to the public. The Board may adopt their own rules of 
meeting procedures consistent with this Code and the applicable Illinois Statutes. The 
Board may select such officers as it deems necessary. The Chairperson, or in his/her 
absence, the Acting Chairperson may administer oaths and compel the attendance of 
witnesses. Four (4) members of the Board shall constitute a quorum, and the affirmative 
vote of at least four (4) members shall be necessary to authorize any Board action. (See 
Sec. 40-10-6 for vote on decisions of Board.) (Ord. No. 96-489; 12-10-96) 


 40-10-5 RECORDS. The Board shall keep minutes of its proceedings and 
examinations. These minutes shall indicate the absence of any member, the vote or 
abstention of each member on each question, and any official action taken. A copy of 
every rule, variance, order or decision of the Board shall be filed immediately with the City 
Clerk and shall be a public record. 

 

 

 40-10-6 DECISIONS. The concurring vote of four (4) members of the 
Zoning Board of Appeals shall be necessary to grant a variance or special-use permit. 
The order of the Zoning Board of Appeals shall be by written letter and shall contain its 
findings of fact. 

 

 

 40-10-7 PERIOD OF VALIDITY. No decision granting a variance or special-
use permit shall be valid for a period longer than twelve (12) months from the date of 
such decision unless (1) an application for a zoning certificate is obtained within such 
period and construction, moving, remodeling, or reconstruction is started, or (2) an 
occupancy certificate is obtained and a use is commenced. The Zoning Board of Appeals 
may grant additional extensions of time not exceeding one hundred eighty (180) days, 
each upon written application made within the initial twelve (12) month period without 
further notice or hearing, but said right to so extend said time shall not include the right to 
grant additional relief by expanding the scope of the variation. 

 

 

 40-10-8 FINALITY OF DECISIONS OF THE BOARD OF APPEALS. All 
decisions of the Zoning Board of Appeals, on appeal or upon application for a variation 
shall, in all instances, be final administrative determination and shall be subject to review 
by a court in the manner provided by applicable Illinois Compiled Statutes. No applicant 
shall apply for the same or identical request for a period of one (1) year unless the facts 
and/or request have substantially changed. 

 

 

 40-10-9 OFFICE OF THE SECRETARY OF THE BOARD OF APPEALS. 
The Secretary of the Zoning Board of Appeals shall be appointed by the Board to serve 
until his successor is appointed. The Secretary shall record the minutes of the Zoning 
Board of Appeals’ proceedings and actions, showing the vote of each member upon each 
question or if absent or failing to vote, indicating such fact. He shall perform such other 
duties as may be assigned from time to time by the Zoning Board of Appeals. 

 

 

 40-10-10 RESERVED. 


DIVISION II - APPEALS 

 

 

 40-10-11 APPEALS. Any person aggrieved by any decision or order of the 
Zoning Administrator in any matter related to the interpretation or enforcement of any 
provisions of this Code may be made and treated in accordance with Illinois law and the 
provisions of this Section. (See 65 ILCS Sec. 5/11-13-12) 

 

 40-10-12 FILING, RECORD TRANSMITTAL. Every appeal shall be made within 
forty-five (45) days of the matter complained of by filing with the Administrator and the Zoning 
Board of Appeals a written notice specifying the grounds for appeal. Every appeal shall also 
be filed with the Soil and Water Conservation District as per State law. Not more than five 
(5) working days after the notice of appeal has been filed, the Administrator shall transmit to 
the Zoning Board of Appeals all records pertinent to the case. (See 70 ILCS Sec. 
405/22.02A) (NOTE: Filing fee required.) 

 

 40-10-13 STAY OF FURTHER PROCEEDINGS. An appeal stays all further 
action on the matter being appealed unless the Administrator certifies to the Zoning Board of 
Appeals after the notice of appeal has been filed with him, that for reasons stated in the 
certificate, a stay would cause imminent peril to life or property. In such case, further action 
shall not be stayed unless the Zoning Board of Appeals or the Circuit Court grants a 
restraining order for due cause and so notifies the Administrator. 

 

 40-10-14 PUBLIC HEARING, NOTICE. The Zoning Board of Appeals shall hold a 
public hearing on every appeal within a reasonable time after the filing of the appeal notice. At 
the hearing, any interested party may appear and testify, either in person or by duly authorized 
agent or attorney. Notice indicating the time, date, and place of the hearing, and briefly 
describing the issue to be decided shall be given not more than thirty (30) days nor less than 
fifteen (15) days before the hearing: 

 (A) By first-class mail to all parties whose property is within two hundred 
fifty (250) feet of the lot affected by the appeal; and 

 (B) By publication in a newspaper of general circulation within the City. 

 

 40-10-15 DECISION BY BOARD OF APPEALS. The Zoning Board of Appeals 
shall render a decision on the appeal within a reasonable time after the hearing. The Zoning 
Board of Appeals may reverse or affirm, wholly or partly, or may modify or amend the decision 
or order appealed from the extent and in the manner that they deem appropriate. In so doing, 
the Zoning Board of Appeals has all the power of the Administrator. 

 

 40-10-16 - 40-10-17 RESERVED. 

 

 NOTE: The applicant generally files a request for a variance, a special-use 
permit or an amendment instead of just an appeal. 


DIVISION III - VARIANCES 

 

 

 40-10-18 VARIANCES. A variance is a relaxation of the requirements of this 
Code that are applicable to a particular lot, structure, or use. A so-called “use variance” 
(which would allow a use that is neither permitted nor special in the district in question) is 
not a variance, it is an amendment, and may be granted only as provided for in Section 
40-10-30. 

 

 

 40-10-19 APPLICATION. Every application for a variance shall be filed with 
the Administrator on a prescribed form. Every variance application shall also be filed with 
the Soil and Water Conservation District as per State law. The Administrator shall 
promptly transmit said application, together with any device he might wish to offer, to the 
Zoning Board of Appeals. The application shall contain sufficient information to allow the 
Zoning Board of Appeals to make an informed decision and shall include, at a minimum, 
the following: (NOTE: Filing fee required.) [See 70 ILCS Sec. 405/22.02(A)] 

 (A) Name and address of the applicant; 

 (B) Location of the structure/use for which the variance is sought; 

 (C) Brief description of adjacent lots, structures, and/or uses; 

 (D) Brief description of the problems/circumstances engendering the 
variance request; 

 (E) Brief, but specific, statement, explanation of the desired variance; 

 (F) Specific section(s) of this Code containing the regulations which, if 
strictly applied, would cause a serious problem; and 

 (G) Any other pertinent information that the Administrator may require. 

 

 

 40-10-20 PUBLIC HEARING, NOTICE. The Zoning Board of Appeals shall 
hold a public hearing on each variance request within a reasonable time after the variance 
application is submitted to them. At the hearing any interested party may appear and 
testify either in person or by duly authorized agent or attorney. Notice indicating the time, 
date, and place of the hearing, and the nature of the proposed variance shall be given not 
more than thirty (30) nor less than fifteen (15) days before the hearing: 

 (A) By first-class mail to the applicant and to all parties whose property is 
within two hundred fifty (250) feet of the property affected by the proposed variance; and 

 (B) By publication in a newspaper of general circulation within the City. 

 

 

 40-10-21 STANDARDS FOR VARIANCES. The Zoning Board of Appeals 
shall not grant any variance unless, based upon the evidence presented to them, they 
determine that: 


 (A) The proposed variance is consistent with the general purposes of this 
Code (See Section 40-1-2); 

 (B) Strict application of the district requirements would result in great 
practical difficulties or hardship to the applicant, and prevent a reasonable return on the 
property; 

 (C) The proposed variance is the minimum deviation from such 
requirements that will alleviate the difficulties/hardship, and allow a reasonable return on 
the property; 

 (D) The plight of the applicant is due to peculiar circumstances not of his 
own making; 

 (E) The peculiar circumstances engendering the variance request are not 
applicable to other property within the district, and therefore, that a variance would be a 
more appropriate remedy than an amendment (rezoning); and 

 (F) The variance, if granted, will not alter the essential character of the 
area where the premises in question are located, nor materially frustrate implementation of 
this Municipality’s comprehensive plan. 

 The Zoning Board of Appeals may impose such conditions and restrictions upon 
the location, construction, design, and use of the property benefited by a variation as may 
be necessary or appropriate to comply with the foregoing standards and to protect 
adjacent property and property values. 

 

 

 40-10-22 TERMS OF RELIEF, FINDINGS OF FACT. The Zoning Board of 
Appeals shall decide on every variance request within a reasonable time after the public 
hearing. In accordance with State Law (65 ILCS Sec. 5/11-13-11). The Zoning Board of 
Appeals shall specify the terms of relief recommended, if any, in one statement and their 
findings of fact in another statement. The findings of fact shall clearly indicate the Zoning 
Board of Appeals’ reasons for granting or denying any requested variance. 

 

 

 40-10-23 RESERVED. 


DIVISION IV - SPECIAL USES 

 

 

 40-10-24 SPECIAL-USE PERMITS. This Code divides the City into various 
districts, and permits in each district as a matter of right only those uses which are clearly 
compatible with one another. Certain other uses, because of their special operational or 
physical characteristics, may or may not have a detrimental impact on nearby permitted 
uses, depending upon their precise location, manner of operation and other factors. Such 
"special uses" require careful case-by-case review, and may be allowed only after review 
and approval by the Zoning Board of Appeals. 

 

 

 40-10-25 APPLICATION. Every applicant for a special-use permit shall submit 
to the Zoning Administrator in narrative and/or graphic form, the items of information 
enumerated below. The Administrator shall promptly transmit the completed application, 
together with any comments or recommendation he might have, to the Zoning Board of 
Appeals. (NOTE: Filing fee required in Section 40-9-7) 

 

ITEMS OF INFORMATION: 

 

 (A) Name and address of the applicant; 

 (B) Name and address of the owner or operator of the proposed structure 
or use, if different from (A); 

 (C) Nature of the proposed use, including type of activity, manner of 
operation, number of occupants or employees, and similar matters; 

 (D) Location of the proposed use or structure, and its relationship to 
existing uses of structures on adjacent lots; 

 (E) Area and dimensions of the site for the proposed structure or use; 

 (F) Existing topography of the site and proposed finished grade; 

 (G) Existing and proposed screening, landscaping, and erosion control 
features on the site, including the parking area; 

 (H) Height and setbacks of the proposed structure; 

 (I) Number and size of the proposed dwelling units, if any; 

 (J) Number and location of proposed parking/loading spaces and access 
ways; 

 (K) Identification and location of all existing or proposed utilities, whether 
public or private; and/or 

 (L) Any other pertinent information that the Administrator may require. 

 

 

 40-10-26 PUBLIC HEARING, NOTICE. The Zoning Board of Appeals shall 
hold a public hearing on every special-use permit application within a reasonable time after 
the application is submitted to them. At the hearing, any interested party may appear and 
testify, either in person or by duly authorized agent or attorney. Notice 


indicating the time, date, and place of the hearing, and the nature of the proposed special 
use shall be given not more than thirty (30) days nor less than fifteen (15) days before 
the hearing: 

 (A) By first-class mail to the applicant and to all parties whose property is 
within two hundred fifty (250) feet of the lot line of the proposed special use; and 

 (B) By publication in a newspaper of general circulation within the City. 

 

 

 40-10-27 FACTORS CONSIDERED BY THE ZONING BOARD. The Zoning 
Board of Appeals shall consider the following factors in making a decision: 

 (A) Whether the proposed design, location, and manner of operation of 
the proposed special use will adequately protect the public health, safety, and welfare, and 
the physical environment; 

 (B) Whether the proposed special use is consistent with this 
Municipality’s comprehensive plan, if any; 

 (C) The effect the proposed special use would have on the value of 
neighboring property and on this Municipality’s overall tax base; 

 (D) The effect the proposed special use would have on public utilities and 
on the traffic circulation on nearby streets; and 

 (E) Whether there are any facilities near the proposed special use (such 
as schools or hospitals) that require special protection. 

 

 

 40-10-28 DECISION - FINDINGS OF FACTS. The Zoning Board of Appeals 
shall reach a decision on every special-use permit application within a reasonable time 
after public hearing. In accordance with State law (65 ILCS Sec. 5/11-13-11), the Zoning 
Board of Appeals shall specify the terms and conditions of the permit to be granted (if any) 
in one statement, and their findings of fact in another statement. The findings of fact 
shall be responsive in the decision-making factors listed in the preceding section and shall 
clearly indicate the Zoning Board of Appeal’s reasons for granting, with or without 
modifications and/or conditions, or denying the requested special-use permit. 

 

 

 40-10-29 RESERVED. 


DIVISION V - AMENDMENTS 

 

 

 40-10-30 AMENDMENTS. The City Council may amend this Code in 
accordance with State law and the provisions of this Section. Proposed alterations of 
district boundaries or proposed changes in the status of uses (permitted, special, 
prohibited) shall be deemed proposed amendments. Amendments may be proposed by 
the City Council, the Administrator, the Zoning Board of Appeals, the Plan Commission, or 
any party in interest. (See 65 ILCS Sec. 5/11-13-14) 

 

 

 40-10-31 FILING. Every proposal to amend this Code shall be filed with the 
Administrator on a prescribed form. Every amendment proposal shall also be filed with the 
Soil and Water Conservation District pursuant to State law. The Administrator shall 
promptly transmit said proposal, together with any comments or recommendations he 
might wish to make to the Plan Commission for a public hearing. (NOTE: Filing fee 
required in Section 40-9-7.) 

 

 

 40-10-32 PUBLIC HEARING - NOTICE. The Plan Commission shall hold a 
public hearing on every amendment proposal within a reasonable time after said proposal 
has been submitted to them. At the hearing, any interested party may appear and testify, 
either in person or by duly authorized agent or attorney. Notice indicating the time, date, 
and place of the hearing and the nature of the proposed amendment shall be given not 
more than thirty (30) nor less than fifteen (15) days before the hearing: 

 (A) By first-class mail to all parties whose property is within two hundred 
fifty (250) feet of the property affected by the proposed amendment; and 

 (B) By publication in a newspaper of general circulation within the City. 

 

 

 40-10-33 ADVISORY REPORT - FINDINGS OF FACT. Within a reasonable 
time after the public hearing, the Plan Commission shall submit their advisory report to the 
City Council. The report shall state the recommendations of the Plan Commission 
regarding adoption of the proposed amendment, and their reasons therefor. If the effect of 
the proposed amendment would be to alter district boundaries or to change the status of 
any use, the Board of Appeals shall include in their advisory report findings of fact 
concerning each of the following matters: 

 (A) Existing use and zoning of the property in question; 

 (B) Existing uses and zoning of other lots in the vicinity of the property in 
question; 

 (C) Suitability of the property in question for uses already permitted under 
existing regulations; 

 (D) Suitability of the property in question for the proposed use; 


 (E) The trend of development in the vicinity of the property in question, 
including changes (if any) which may have occurred since that property was initially zoned 
or last rezoned. 

 

 

 40-10-34 ACTION BY CITY COUNCIL. The City Council shall act on every 
proposed amendment at their next regularly scheduled meeting following submission of 
the advisory report of the Plan Commission. Without further public hearing, the City 
Council may approve or disapprove any proposed amendment or may refer it back to the 
Plan Commission for further consideration by simple majority vote of all the members then 
holding office. 

 EXCEPTION: The favorable vote of at least two-thirds (2/3) of all the members of 
the City Council is required to pass an amendment to this Code when the proposed 
amendment is opposed, in writing, by the owners of twenty percent (20%) of the frontage 
proposed to be altered, or by the owners of twenty percent (20%) of the frontage 
immediately adjoining or across an alley therefrom, or by the owners of twenty percent 
(20%) of the frontage directly opposite the frontage proposed to be altered. (See 65 ILCS 
Sec. 5/11-13-14)