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 Chapter 12 - Zoning
Sections
Article I - Short Title
1 Title
Article II - Definitions
3 Definitions
Article III - Districts and Boundaries thereof
26 Classification by District
27 District Map
28 Vacating Streets & Alleys
29 Use Regulations in General
Article IV - "R" Residence Districts
33 In General
34 Use Regulations
35 Height regulations
36 Area regulations
37 Parking regulations
Article V - "B" Business Districts
40 In General
41 Use Regulations
42 Height regulations
43 Intensity of Use Regulations
Article VI - "I" Industrial Districts
46 In General
47 Use regulations
48 Height regulations
49 Intensity of Use Regulations
Article VII - Trailer Park Districts
51 In General
Article VIII - Non-Conforming Use Regulations
54 Use of Land
55 Use of Building
56 Use of Building---Discontinuance
57 Alterations
58 Damaged Buildings
59 Ordinary Repairs
Article IX - Exceptions and Variations
61 In General
Article X - Special Permits
65 In General
Article XI - Board of Appeals
71 Creation and Membership
72 Meetings
73 Appeals
74 Petitions
Article XII - Interpretation & Enforcement
80 Minimum Requirements
81 Enforcement by Building Inspector
82 Permit Required
83 Flood Area Regulations
Article XIII - Penalties
85 Fines
86 Other Remedies
87 Severability

Artcile I - Short Title

Sec. 12-1 Title

This Ordinance shall be known, referred to, and recited as the Zoning Ordinance of the Village of Pearl City.

Article II - Definitions

Sec. 12-3  Definitions.

      1.    Accessory buildings:  a subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises.  An accessory use is incidental to the main use of the premises.

      2.    Basement:  a story having part but not more than one half (½) its height below grade.  A basement is counted as a story for the purpose of height regulations if subdivided and used for dwelling purposes other than by a janitor employed in the premises.

      3.    Building:  a structure having a roof, supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels.

      4.    Building area:  the maximum horizontal projected area of a building and its accessory buildings, excluding cornices projecting not more than thirty inches, open steps and unroofed terraces.

      5.    Building line:  for the purposes of this ordinance such is a line between which any street or right-of-way line of a district, lot, tract or parcel of land, no buildings or parts of buildings may be erected, altered or maintained.

      6.    Building setback line:  the minimum horizontal distance between the building line and the street or right-of-way line of a district, lot, tract or parcel of land, in which no building or pars of buildings may be erected, altered, or maintained.

      7.    District:  a section of the Village of Pearl City in all parts of which the regulations of this ordinance governing the height, area and use of buildings and premises are the same.

      8.    Dwelling:  a residential building designed and used for human habitation only, not including the use of building or premises for the conduct of any business, commercial or manufacturing purposes except as hereinafter provided.

      9.    Front lot line:  the boundary of a lot along a street or right-of-way and for corner lot of the front lot line shall be the shorter lot boundary along a street or right-of way.

    10.    Home occupation:  any occupation or activity carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than a name plate nor more than one square foot in area, or no display that will indicate from the exterior that the buildings is being utilized in part or for any purpose other than that of a dwelling, and in which there is no commodity sold upon the premises, no person being employed thereon other than an immediate member of the family residing on the premises, and whereon no mechanical equipment is used except that of a type that is similar in character to that normally used for purely domestic or household purposes.

Home occupation shall include the use of premises by a physician, surgeon, dentist, lawyer or other professional, clergyman, person for consultation or emergency treatment, but not for general practice of his profession.
 
    11.    Junk yard:  an open area where waste, scrap metal, paper, rags, or similar material are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

   12.    Kennel:  any occupation or activity, other tan a pound or animal shelter as defined by Ill. Rev. Stat., Chap. 8, Sec. 302, where more than five dogs, cats or fur-bearing animals are maintained for breeding, boarding, training or similar purposes, for a fee or compensation; or where the operation or owner sells, offers to sell, exchange or offers for adoption with or without charge, any of the above mentioned animals which he has produced or raised.

   13.    Lot:  a parcel of land occupied or intended for occupancy by a use permitted in this ordinance, including one main building together with it's accessory building, the open spaces and parking spaces required by this ordinance and having it's principal frontage upon a street upon an officially approved place.     

   14.    Lot of record:  a lot which is a part of a subdivision, the map or plat of which has bee recorded in the office of the Recorder of Deeds of Stephenson County, Illinois; or, a parcel of land, the deed to which was recorded in the office of the Recorder of Deeds prior to the adoption of this ordinance.

   15.    Non-conforming use:  any building or land lawfully occupied by a use at the time of passage of this ordinance or amendments thereto, which does not conform after the passage of this ordinance or amendment thereto with the used regulations of the district in which it is situated.

   16.    Parking space:  an area surfaced with concrete, bituminous or similar materials, enclosed in the main building, in an accessory building, or unenclosed sufficient in size to store one standard automobile, and if the space is unenclosed comprising an area of not less than one hundred and forty square feet, exclusive of a durable surfaced driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile.

   17.    Story:  that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

   18.    Structural alterations:  any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior wall excepting such alterations as may be required for the safety of the building.

    19.    Trailer:  any structure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting and which is, has been, or reasonable my be, equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means.  This provision shall not apply to camping or recreational vehicles used solely for recreational purposes.

   20.    Yard:  an open space on the same lot with a building occupied and unobstructed by any portion of a structure form the ground upward, except as otherwise provided herein.  In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the main horizontal distance between the lot lines and the main building shall be used.

   22.    Yard, rear:  a yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot lines, and the rear of the main building, or any projections other than steps, unenclosed balconies or unenclosed porches.  On corner lots the rear yard hall be considered as parallel to the street upon which the lot has its least dimensions.  On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

12-4 to 12-25 Reserved

Article III - Districts and Boundaries thereof

Sec. 12-26  Classification by District.

In order to classify, regulate and restrict the location of trades, industries and the locations of trades, industries and the locations of buildings designed for specific uses, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and limit the intensity of the use of the lot areas, and to regulate and determine the areas of yards, courts, and other open space within and surrounding such buildings the Village of Pearl City, Illinois, and all contiguous territory not more than one and one half miles beyond the corporate limits and not included in other municipalities; is hereby divided into districts, of which there shall be the following, known as:

1.    "R" Residences
2.    "B" Business
3.    "I" Industrial
4.    Trailer Park.

Sec. 12-27  District Map.

The boundaries of the district are shown upon the Zoning Map of the Village of Pearl City, Illinois, which is made a part of this ordinance and which is also designated as the District Map. Said map and all the notations, reference and other information shown thereon are a part of this ordinance and have the same force and effect as if said map and all the notations, reference and other information shown thereon were fully set forth or described herein, the original of said map being properly attested, and filed with the Clerk of the Village of Pearl City, Illinois.

Sec. 12-28  Vacating Streets & Alleys.

Whenever any street, alley, or other public way is vacated by official action of the Board of Trustees, of the Village of Pearl City, Illinois, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

Sec. 12-29  Use Regulations in General.

(a)    Except as hereinafter provided, no building in said districts shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located.

(b)    No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.

(c)    No building shall be erected, converted, enlarged or reconstructed except in conformity with the area regulations of the district in which the building is located.

(d)    The minimum yard and other open spaces, including lot area per family, required by this ordinance for each building existing at the time of passage of this ordinance or for any building hereafter erected shall not be encroached upon or considered as yard or open space requirement for any other building, nor shall any lot area be reduced beyond the district requirement in this ordinance.

(e)    Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot unless otherwise provided in this ordinance.

(f)    When a use is not specifically listed in the sections devoted to Permitted Uses, it shall be assumed that such uses are hereby expressly prohibited unless by a written decision of the Zoning Board of Appeals it is determined that said use is similar to and not more objectionable than uses listed.  Such uses may then be permitted.

Article III - "R" Residence Districts

Sec. 12-33  In General.

The regulations set forth in this Article, or set forth elsewhere is this ordinance when referred to in this Article, are the district regulations in the "R" Residence Districts.

Sec. 12-34  Use Regulations.

A building or premises shall be used only for the following purposes:

1.    Single family dwelling.
2.    Parks, playgrounds, community building owned and operated by the Village of Pearl City.
3.    Apartment houses and multiple dwellings.
4.    Churches and temples.
5.    Clubs not conducted as a business nor for profit.
6.    Convalescent homes.
7.    farming, truck gardening and nurseries and commercial greenhouses.
8.    Hospitals and Clinics but not Animal Hospitals, Animal Clinics or Mental Hospitals.
9.    Institutions of an educational, philanthropic or eleemosynary nature.
10.    Lodges and Boarding Houses.
11.    Public service substations.
12.    Schools.
13.    Public parking lots adjacent or adjoining to the premises and incidental to the above uses.
14.    Undertaking establishments.
15.    Accessory building, including a private garage and accessory uses, customarily incidental to the above uses (not involving the conduct of a business) including home occupations and the use of a lot or portion hereof for a formal vegetable or flower garden.  Any accessory    building that is not a part of the main structure shall be located not less than sixty feet from the front lot line or equal to the existing building line.  Accessory buildings shall also include public building bulletin boards and temporary signs appertaining to the lease, hire or sale of a building or premises, not exceeding ten square feet in area.
16.    Agriculture, in "R" Districts not within the territorial boundaries of the Village of Pearl City.

a.)  All uses commonly classed as agriculture, horticulture or forestry, including crop and tree farming, truck farming, gardening, nursery operation, dairy farming stock raising, domestic animals and poultry breeding and raising (excluding     the raising of fur-bearing animals or animal hospitals or kennels) and forestry operations together with the operations of any machinery or vehicles incidental to the above uses.

b.)  Temporary roadside stands for the display, sale, or offering for sale of agricultural products grown or produced on the property, provided that no structure is located less than ten (10) feet from the highway right-of-way.

17.    Home occupations.

18.    Beauty shops and barber shops.

Sec. 12-35  Height regulations.

No building shall exceed two and one half stories nor shall it exceed thirty-five feet in height.

Sec. 12-36  Area regulations.

1. Front yard:

a.) There shall be a front yard having a depth of not less than twenty feet unless forty percent or more of the frontage on the same side of the street between two intersecting streets improved with buildings have observed a front yard line with a greater or less depth and the front yards of such buildings have a variation of depth of not more than ten feet, in which case no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than sixty feet.

b.) Where lots have a double frontage, the required front yard shall be provided on both streets.

c.)   Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side of a corner lot, provided, however, that the build-able width of such lot need not be reduced to less than thirty-five feet, except where necessary to provide a yard along the side street with a depth of not less than five feet.  No accessory building shall project beyond the front yard line on either street.

2. Side yard:

a.) Except as hereinafter provided in the Article dealing with Exceptions and Variations, there shall be a side yard on each side of a building, having a width of not less than seven feet.

b.) Whenever a lot of record existing at the time of the passage of this ordinance has a width of fifty feet or less, the side yard on each side of a building may be reduced to a width of not less than ten percent of the width of the lot but in no instance shall it be less than three feet.

3. Rear yard:  Except as hereinafter provided in the Article dealing with Exceptions and Variations, there shall be rear yard having a depth of not less than thirty-five feet or twenty percent of the depth of the lot, whichever amount is smaller.

4. Intensity of Use:

a.) A lot on which there is erected a single family dwelling shall contain an area of not less than 6,500 square feet per family.

b.) A lot on which there is erected a dwelling for the housing of two or more families shall contain an area of not less tan 2,500 square feet per family unit.

c.) Where a lot has less area than herein required, and was of record at the time of passage of this ordinance, that lot may be used only for single family dwelling purposes or for any of the non-dwelling purposes permitted in this Article.

 

Sec. 12-37  Parking regulations.

Whenever a structure is erected, converted or structurally altered for more than two family dwelling, one parking space shall be provided on the lot for each dwelling unit in the structure.

Article V - "B" Business Districts

Sec. 12-40  In General.

The regulations set forth in this Article, or set forth elsewhere in this Ordinance when referred to in this Article are the district regulations in the "B" Business Districts.

Sec. 12-41  Use Regulations.

A building or premises shall be used only for the following purposes:

 1. Any use permitted in the "R" Residence Districts.

 2. Amusement places.

 3. Auction rooms.

 4. Bakeries.

 5. Banks.

 6. Barber shops.

 7. Battery-service stations.

 8. Beauty shops.

 9. Billboard and signs.

10. Clubs of which the chief activity is a service customarily carried on as a business.

11. Dairies.

12. Dance halls.

13. Dyeing and cleaning works.

14. Electric repair shops.

15. Gasoline and oil stations.

16. Hotels.

17. Laundries.

18. Lodge halls.

19. Messenger and telegraph service stations and telephone exchanges.

20. Millinery shops.

21. Monument engraving.

22. Motels.

23. Offices.

24. Painting and decorating shops.

25. Parking lots and used car lots - commercial.

26. Photographic studios.

27. Plumbing shops.

28. Post offices.

29. Printing shops.

30. Public garages.

31. Recreation buildings and structures.

32. Restaurants.

33. Roofing and plastering shops.

34. Sales or show rooms.

35. Storage warehouse.

36. Stores and shops for the conduct of a retail business.

37. Shoe repairing shops.

38. Studios.

39. Tailor shops.

40. Taverns.

41. Theaters except open air theaters.

42. Tinsmithing shops.

43. Tire repairing shops.

44. Upholstering shops.

45. Furnace, heating and sheet metal shops or stores.

46. Service garages.

47. Public parking lots adjacent or adjoining to the premises and incidental to the above uses.

Sec. 12-42  Height regulations.

There shall be no regulations governing the height of buildings in "B" Business Districts.

Sec. 12-43  Intensity of Use Regulations.

There shall be no regulations governing the intensity of the use of lots or set-back regulations in the "B" Business Districts except when used for residence purposes and in that event the intensity of the use in such is the same as in a Residence District.

Article VI - "I" Industrial Districts

Sec. 12-46  In General.

The regulations set forth in this Article, or set forth elsewhere in this ordinance when referred to in this Article are the district regulations in the "I" Industrial Districts.

Sec. 12-47  Use regulations.

A building or premises shall be used only for the following purposes:

 1. Coal, coke, gasoline, lumber, oil, wood or building materials storage yard.

 2. Carting, express, hauling or storage yard, for goods or materials in transit.

 3. Contractors' plant or storage yard, for materials and equipment.

 4. Electrical central station power plant.

 5. Glass and automobile radiator and conditioning shops.

 6. Manufacture of concrete products.

 7. Planing mill or saw mill.

 8. Railroad yards or round houses and railroad passenger stations.

 9. Stone yards or monument works.

10. Trucking terminals.

11. Welding shops.

12. Any manufacture or treatment as are carried on within entirely enclosed buildings and which creates no objectionable noise, odor, smoke, fumes, vapor, dust, gas, or vibrations.

13. Petroleum or storage.

14. Poultry slaughtering and dressing for wholesale purposes.

15. Sewage disposal plant.

16. Junk yard.

17. Public parking lots adjacent or adjoining to the premises and incidental to the above uses.

18. Kennel.

Sec. 12-48  Height regulations.

There shall be no regulations governing the height of buildings in the "I" Industrial Districts.

Sec. 12-49  Intensity of Use Regulations.

There shall be no regulations governing the intensity of the use of lots or set-back regulations in the "I" Industrial Districts.

Article VII - Trailer Park Districts

Sec. 12-51  In General.

Trailers as defined in this ordinance can only be situated in a Trailer Park District.

The only uses permitted in the Trailer Park Districts are Trailer Parks defined as follows:  A trailer park is any site, lot, field, tract or parcel of land on which trailers are used and occupied by people as living quarters instead of regular houses.

Article VIII - Non-Conforming Use Regulations

Sec. 12-54  Use of Land.

A lawful use of land existing at the time of the adoption of this ordinance may be continued although such use does not conform to the provisions hereof but if such use is discontinued for a period of 180 days any future use of said premises shall conform to the regulations of the District in which it is located.

 

Sec. 12-55  Use of Building.

The lawful use of a building existing at the time of the adoption of this ordinance may be continued, subject to the other regulations of this or any other ordinance of the Village of Pearl City.  A non-conforming use of a building shall not be extended in any manner of form.  If no structural changes or alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification.  The foregoing provisions shall also apply to non-conforming uses in Districts hereafter changed.  When a non-conforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

 

Sec. 12-56  Use of Building---Discontinuance.

Whenever a non-conforming use of a building is discontinued for a period of 180 days, its use shall thereafter conform to the regulations of the District in which it is located.

 

Sec. 12-57  Alterations.

No building, the use of which does not conform to the provisions of this ordinance, shall be enlarged, extended reconstructed or structurally altered except when required by law or ordinance unless such use is changed to a use permitted in the District in which such building or premises is located.

 

Sec. 12-58  Damaged Buildings.

No building which has been damaged by fire, explosion, Act of God, or the public enemy to the extent of sixty percent of its full assessed value as shown on the then current records of the County Assessor shall be restored except in conformity with the provisions of this ordinance.

 

Sec. 12-59  Ordinary Repairs.

So long as a building or structure is used, or is eligible for use, in a non-conforming manner, only ordinary repairs and maintenance, including removing and replacing outer wall surfaces and replacement of roof covering, shall be permitted.  In no case shall such repairs include structural alteration or other work which will extend appreciably the non-conforming use.

Article IX - Exceptions and Variations

Sec. 12-61  In General.

The district regulations hereinafter set forth in this Article qualify, or supplement as the case may be, the district regulations appearing elsewhere in this ordinance.

1. Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in the district, may be erected to a height not exceeding sixty feet and churches and temples may be erected to a height not exceeding seventy-five feet if the building is set back from each yard line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.

2. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio towers, or necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted ordinances of the Village of Pearl City.

3. Accessory buildings may be built in a required rear yard but such accessory buildings shall not be nearer any side yard line than is permitted by the building code or within four feet of any alley, nor shall any such accessory building occupy more than forty percent of the required rear yard or exceed twenty feet in height.

4. Whenever a lot abuts upon an alley, one-half of the width of the alley may be considered as a portion of the required rear yard.

5. No accessory building shall be construed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes other than by domestic servants employed entirely on the premises.

6. Fences conforming to the requirements of the Building code may be erected on the lot or along the boundaries of a lot.

7. Open or lattice-enclosed fire escapes, fireproof outside stairways, and balconies open upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted for a distance of not more than three and one-half feet and where the same are so placed as not to obstruct light and ventilation.

8. An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten feet, but this shall not be interpreted to include or permit fixed canopies.

9. For the purpose of side yard regulations, a two family dwelling or a multiple dwelling shall be considered as one building occupying one lot.

10. Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but such temporary building shall be removed upon completion of the construction work.

11. No lot of record in any dwelling district and which contains a frontage of fifty feet or more and not lot hereafter made of record in a dwelling district shall be so reduced or subdivided that the frontage at the building line is less than fifty feet in width.

12. More than one main building may be located upon a lot or tract but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.

13. No side yards are required where dwelling units are erected above commercial and industrial structures. However, when courts are provided they shall have a minimum width of six feet and not less than two and one-half inches wide for each foot of length of such court.

14. Every part of a required yard or court shall be open from the lowest point to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of sills, belt courses, cornices, and ornamental features projecting not to exceed four inches.

15. The President and Board of Trustees of the Village of Pearl City, Illinois, may authorize such variations of, and exceptions to, the strict and literal application of the terms, regulations and requirements of this zoning ordinance as are in harmony with its general purpose and intent, as in the following instances:

a.) Where the district boundary line divides a lot in single ownership.

b.) Where, by reason of any exceptional situation, surroundings, or condition of a specific property, or by reason of exceptional narrowness, shallowness or shape of a specific property, or by reason of exceptional topographical conditions, the strict application of any height, a real or other provisions of this ordinance would result in peculiar and exceptional practical difficulties or particular hardship.

c.) Where the street layout actually varies from the layout shown on the district map.

d.) Where the conditions upon which the requested variation is based would not be applicable generally to other properties within the same zoning classification.

e.) Where the alleged difficulty or hardship has not been created by any person presently having an interest in the property.

Article X - Special Permits

Sec. 12-65  In General.
 
The President and Board of Trustees of the Village of Pearl City, Illinois, may issue special permits for certain uses, activities and construction pursuant to the following guidelines for any district and for the extension, continuance and enlargement of a non-conforming use and for the alteration, enlargement, modification or reconstruction of a building or structure for a non-conforming use.

1.    Purpose.  The development and execution of a zoning ordinance is based upon the division of the Village into districts within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform.  It is recognized, however, that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location.  Such uses fall into two categories:

a)    Uses publicly operated or traditionally affected with a public interest;

b)    Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

2.    Conditions and Guarantees.  Prior to the granting of any special use variation, the Zoning Board of Appeals of the Village of Pearl City, Illinois, may recommend and the President and Board of Trustees of the Village of Pearl City, Illinois, shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use variation as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein.  In all cases in which special variations are granted, the President and the Board of Trustees of the Village of Pearl City, Illinois, shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.

3.    Effect of Denial of a Use Variation.  No application for special use variation which has been denied wholly or in part by the President and Board of Trustees shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the Zoning Board of Appeals of the Village and the President and Board of Trustees of the Village of Pearl City, Illinois.

Article XI - Board of Appeals

Sec. 12-71  Creation and Membership.
 
A Board of Appeals is hereby authorized to be established consistent with the terms and provisions hereinafter set forth.  The word "Board", when used in this Article shall mean the Zoning Board of Appeals of the Village of Pearl City, Illinois.  The Board shall consist of seven members, who shall be appointed by the President of the Village of Pearl City, Illinois, by and with the consent of the Board of Trustees of that Village.

Members of the Zoning Board of Appeals shall serve respectively for the following terms, or, until their respective successors are appointed and have qualified for office:  One member for one year; one member for two years; one member for three years; one member for four years; one member for five years; one member for six years; and one member for seven years, each for those members following the first seven members appointed.  One of the members of said Board shall be designated by the President of the Village of Pearl City, with the consent of the Board of Trustees of the Village of Pearl City, as Chairman of the Zoning Board of Appeals until the appointment of a successor Chairman.  Such Chairman or, in his absence, the Acting Chairman is hereby empowered to administer oaths, and to compel the attendance of witnesses at hearings conducted by the Zoning Board of Appeals.

The President of the Village of Pearl City shall have the power to remove any member of said Board for cause, but only after a public hearing.  Vacancies upon said Board shall be filled for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of such member.

Sec. 12-72  Meetings.

All meetings of the Board of Appeals shall be held at the call of the Chairman and at such times as the Board may determine.  All hearings conducted by the Board shall be open to the public.  The Board shall keep minutes of the proceedings, showing the vote of each member upon each question, or, if absent, or failing to vote, the minutes shall so indicate.  The Board shall also select from its membership a Secretary, whose duty it shall be to make reports of the records of all proceedings of said Board, and who shall keep a full, detailed record on file in the office of the Board, of all its proceedings.

Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision and determination of the Board shall be filed immediately in the office of the Board, and shall become part of the public records of the Village of Pearl City, Illinois.

The Board is hereby empowered to, and shall adopt a plain, concise statement of its rules of procedures for the purpose of uniformity in the conduct of its business.  However, such rules shall not  be in conflict with the terms of the Statutes of Illinois.

Sec. 12-73  Appeals.

An appeal may be taken to the Board of Appeals by any person, firm, or corporation, or by any officer, department, board or bureau affected by a decision of any person who shall have been appointed as Building Inspector or Enforcement Officer for the Village of Pearl City, Illinois.  Such appeal shall be taken within such time as shall be prescribed by the Zoning Board of Appeals by general rule, by filing with such Inspector, or Enforcement Officer, and with the Board of Appeals, a notice of appeal, wherein there shall be specified the grounds upon which the appeal is taken.  the Building Inspector, or Enforcement Officer shall forthwith transmit to the Board all of the papers making up the record upon which the action appealed from was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector, or Enforcement Officer certified in writing to the Board of Appeals after the notice of appeal has been filed with him that by reason of the facts stated in the certificate a stay, would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Appeals, or by a court of record on proper application, after notice to the Building Inspector, or Enforcement Officer, and upon good cause shown.

The Board shall select a reasonable time and place of the hearing of the appeal, and shall give due notice thereof, in writing, to the parties interested, and shall render a decision on the appeal without unreasonable delay.  Any person may appear and testify at the hearing, either in person or by his duly authorized agent or attorney.

At the time of filing the notice of appeal, there shall be paid a fee of $5.00 to the Secretary of the Board of Appeals, which fee the Secretary shall forthwith pay over to the Village Clerk to the credit of the general revenue of the Village of Pearl City.  No proceedings shall be commenced upon an appeal by the Board unless and until such fee has been so paid to the Secretary thereof.

Sec. 12-74  Petitions.

Petitions for any change, amendment, exceptions or variations of this ordinance shall be filed with the Clerk of the Village of Pearl City and shall be brought to the attention of the Board of Trustees of the Village of Pearl City at the next regular meeting following receipt of the petition.  All such petitions shall be immediately referred to the Zoning Board of Appeals, without hearing or discussion before the Board of Trustees of the Village of Pearl City, Illinois.

Upon receipt form the Clerk of the Village of Pearl City of any such petition, the Secretary of the Board of Appeals, shall cause notice of hearing on the petition to be posted in three prominent places within the Village, which such notice shall specify the time and place of hearing with a statement of the change, exception or variation proposed, and which notice shall call for such hearing not less than fifteen nor more than thirty days after its publication.

All hearings on such petitions shall be conducted in accordance with the general rules of the Zoning Board or Appeals.  Any hearing may be adjourned to a specified date, time and place by order of the Board of Appeals for the purpose of securing attendance of witnesses, or for the convenience of either of the Board, or any party whose interest may be affected by the decision of the Board.

Sec. 12-75  Jurisdiction.

The Board of Appeals shall have the following powers and it shall be it's duty:

1.    To hear and decide appeals where it is alleged that there is an error of law in any order, requirement, decision or determination made by the Building Inspector or Enforcement Officer in the enforcement of this ordinance, and to hear and decide all petitions for changes or variations of zoning.

2.    In hearing and deciding appeals, or petitions, the Board shall have the power to:

a.)    Permit the extension of a district where the boundary line of a district divides a lot or tract held in a single ownership at the time of the passage of this ordinance.

b.)    Interpret the provisions of this ordinance in such     a way as to carry out the intent and purpose of the plan, as it is shown upon the map fixing the boundaries of the several districts, accompanying and made a part of this ordinance, where the street layout actually on the ground varies from the street layout as shown on the map.

c.)    Permit the erection and use of a building or the use of premises for public utility purposes.

d.)    Permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, Act of God, or the public enemy, to the extent of more than sixty percent of its assessed value, where the Board finds some compelling necessity requiring a continuance of the non-conforming use, and where the primary purpose of the continuing the non-conforming use is not to continue a monopoly.
 
e.)    Extend the period within which a non-conforming commercial or industrial use is to be removed form a dwelling district and non-conforming industrial buildings in any business or commercial districts when the owner or owners can furnish substantial proof that the building was so extensively remodeled, reconstructed or structurally altered after the original construction that it practically resulted in the formation of a new building, but such extension of the period shall not exceed forty years from the date of such remodeling, reconstruction, or structural alteration.

f.)    Permit land within two hundred feet of a multiple dwelling to be improved for the parking spaces required in connection with a multiple dwelling, but only when there is positive assurance that such land can be used for such purposes during the existence of the multiple dwelling.

g.)    Permit a variation in the yard requirements of any districts where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variation will not seriously affect any adjoining property or the general welfare.

3.    Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this ordinance relating to the use, construction or alteration of buildings or structures, of the use of land and will impose upon his unusual and practical difficulties or particular hardships, such variations of the strict application of the terms of this ordinance as are in harmony with its general purpose and intent, but only when the Board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variation from the comprehensive plan as established by this ordinance, and at the same time the surrounding property will be properly protected.
 
In consideration of all appeals, petitions, and all proposed variations to this ordinance, the Board shall, before making any variation from the ordinance in any case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonable increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonable diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the Village of Pearl City, Illinois.  The concurring vote of four members of the Board shall be necessary to reverse any other order, requirement, decision or determination of the Building Inspector or Enforcement Officer, or to decide in favor of the applicant or petitioner upon any matter upon which it is authorized by this ordinance to render a decision.

Nothing herein contained shall be construed to give or grant to the Board the power or authority to alter or change the Zoning Ordinance, or the map, such power and authority being reserved to the President of the Board of Trustees of the Village of Pearl City, to be by them exercised as follows:  The regulations imposed, and the districts created by this ordinance may be amended by ordinance form time to time, but no such amendments shall be made without a public hearing before the Zoning Board of Appeals.  At least fifteen days notice of the time and place of such hearing shall be published by the Secretary of the Zoning Board of Appeals.  In  case of written protest against any proposed amendment, signed and acknowledged before a notary public by owners of a least twenty percent of the frontage proposed to be altered, or by the owners of twenty percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent of the frontage directly opposite the frontage proposed to be altered as to such regulation or district, filed with the Village Clerk, such amendment shall not be passed except by the favorable  vote for two-thirds of all members of the Board of Trustees of the Village of Pearl City.

Article XII - Interpretation & Enforcement

Sec. 12-80  Minimum Requirements.

In interpreting and applying for the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, morals, prosperity and general welfare.  It is not intended by this ordinance to interfere with, or to abrogate, or to annul any ordinance to interfere with, or to abrogate, or to annul any ordinance, rules, regulations or permits previously lawfully adopted or issued, and not in conflict with this ordinance to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, provided, however, that where this ordinance imposes a greater restriction upon the uses of buildings or premises or upon height of buildings, or requires larger open spaces or larger lot areas than are imposed or required by such ordinances or agreements, the provisions of this ordinance shall control.

Sec. 12-81  Enforcement by Building Inspector.

It shall be the duty of the Building Inspector or Enforcement Officer to enforce the terms of this ordinance.

Sec. 12-82  Permit Required.
 
No building or structure shall be constructed, enlarged, erected or demolished without first obtaining a separate building permit for each such building or structure for the Village Clerk, subject to the following provisions and conditions:

1.    When a building of over one story in height or more than 300 square feet is demolished, a building permit is required.

2.    Any building of under 100 square feet does not require a building permit.

3.    A maximum completion time of 6 months shall apply to new construction and remodeling.  This is to be interpreted as being closed in roof, windows, doors and walls.  Exceptions may be granted by the Board of Appeals.

4.    A maximum completion time of 3 months shall apply to demolition work.  Exceptions to be granted by the Board of Appeals.

5.    The building permit is to be made and delivered in four parts.  One to the President of the Board, one to the Building Inspector, one to the Village Clerk and one to the homeowner, firm or corporation doing the building.

6.    Procedure:  Upon payment of the appropriate fee, the building permit will be obtained from the Village Clerk, completed and delivered to the Building Inspector.  The Building Inspector shall thereupon inspect the site and shall grant the permit unless it is found that the granting of such permit would cause an ordinance violation, in which case the Board of Appeals will hear and decide the case.  Upon approval by the Village Board, the Building Inspector shall sign the permit and distribute copies of same.

Sec. 12-83  Flood Area Regulations.

1.  The Building Inspector will also inspect proposed building site and determine whether said site will be reasonable safe from flooding.  If a proposed site is in a flood hazard zone, new construction or improvement must be designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure, construction materials and equipment must be resistant to flood damage and construction practices and methods must be used to minimize flood damage.

2.    The Village President and Board of Trustees shall review all subdivision proposals and other proposed new developments to assure that all proposals are consistent with the need to minimize flood damage.  All public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage.  Adequate drainage is provided so as to reduce exposure to flood hazard.

 
3.    The President and Village Board shall require new or replacement water supply systems and sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges into flood waters, and shall require on site waste disposal systems to be located so as to avoid impairment of such systems, or contamination from them, during flooding.

Article XIII - Penalties

Sec. 12-85  Fines.

Any person, firm or corporation found guilty of violating any of the provisions of this ordinance shall be fined not less than $25.00 nor more than $200.00 for each offense.  Each day that a violation is permitted to exist shall constitute a separate offense.

Sec. 12-86  Other Remedies.

The penalty herein provided shall not be construed as an exclusive remedy of the Village of Pearl City, Illinois, but shall be in addition to any lawful, existing remedy or any lawful remedy hereafter available in courts of record.

Sec. 12-87  Severability.

In any suit of law, or in equity, or in any proceedings regarding the enforcement of the provisions hereof, if any provision of this ordinance is declared by a court of competent jurisdiction to be invalid, then such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid.