CHAPTER 40

 

ZONING CODE

ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS

   

          40-1-1           DECLARATION OF INTENT AND PURPOSE.  It is the intent and purpose of this Chapter to:
          (A)               Promote and protect public health, safety, and general welfare;
          (B)               Provide a framework for rational, orderly and planned growth;
          (C)               Fix reasonable standards for the construction and use of structures and buildings;
          (D)               Encourage the logical development and arrangement of land uses;
          (E)               Provide for adequate space, light, air, privacy and access to properties.

          40-1‑2         DEFINITIONS.  In the language of this Chapter, the rules contained in this Section shall be observed and applied.
          (A)               Words used in the present tense shall include the future.  Words used in the singular shall include the plural and vice versa, unless the context clearly indicates to the contrary.  The word “shall” is mandatory and not discretionary.  The word “may” is permissive.  The word “lot” shall include the words “plot”, “piece” or “parcel”.  The phrase “used for” shall include the phases “arranged for”, “designed for”, “intended for”, “occupied for”, and “maintained for”.
          (B)               The word “City” or “municipality” shall refer to and be interpreted to mean the Village of Noble, IL, a municipal corporation.  The word “person” includes an individual, firm, association, organization, partnership, trust, company, corporation or any other legal entity.  The particular or specific shall control the general.  The masculine shall also include the feminine.
          (C)               When the meaning of words and/or terms used in this Chapter are not clear, or are subject to doubt, the definition of such word or term shall be taken from the following, in order of preference:
                           (1)      As defined within any existing ordinances of the Village of Noble;
                           (2)      As defined in the last available edition of the Building Official and Code Administration International, Inc. (BOCA) National Existing Structures Code;
                           (3)      As defined in the Illinois Department of Public Health;
                           (4)      As defined in the last available edition of Webster’s English Language Dictionary.
          (D)               Words and Phrases Defined.

Accessory Building or Use:  A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use.

Agriculture:  The use of land for farming, dairy, pasturing, apiculture, horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing produce.

Alley:  A way which affords only a secondary means of access to property abutting thereon.

Apartment:  A room or suite of rooms intended, designed, or used as a residence by a single family.

Auto Junk Yard:  Any place where two (2) or more motor vehicles not in operating condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structures used for wrecking or storing of such motor vehicles or parts thereof; and including any farm machinery or farm vehicles, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging and scavenging of any other goods, articles or merchandise.  Automobiles stored in the open and being restored to usable condition have a sixty (60) day time limit for restoration.

Automobile Service Station:  A place where gasoline stored only in underground tanks, kerosene or motor oil and lubricants or grease for operation of automobiles are retailed directly to the public on premises, and including minor accessories and services for automobiles, but not including automobile repairs and rebuilding.

Automobile or Truck Repair:  General repair, engine rebuilding or reconditioning of motor vehicles; collision service such as body, frame or fender straightening and repair; overall painting of motor vehicles.

Board:  The Board of Zoning Appeals of the Village of Noble.

Boarding House or Lodging House:  A building other than a hotel, where, for compensation and by arrangement, meals or lodging and meals are provided for three (3) or more persons.

Building:  Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind.

Building, Height of:  The vertical distance from the grade (elevation of the sidewalk or the average level of the finished surface of the ground adjacent to the structure) to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean level between eaves and ridge for gable, hop and gambrel roofs.

Building Official:  The officer or individual designated by the Village and charged with the responsibility of administering and endorsing the standards of this Chapter.

Building Permit:  A certificate issued by the Building Official permitting a person, firm, or corporation to erect, construct, enlarge, move, or convert any building or structure within the Municipality, or cause the same to be done.  A permit shall be required only in those instances which any of the aforementioned activities result in a change to the external dimensions of the building or structure or in a change of a property to a special or nonconforming use.  (Ord. No. 00-588; 11-13-00)

Building, Principal:  A building in which is conducted the main or principal use of the lot on which said building is situated.

Building, Setback Line:  The line, established by this Chapter, beyond which a building shall not extend unless varied according to procedures in this Chapter.  Also called a “building line”, “yard setback” or “lot setback”.

Certificate of Compliance:  A permit issued by the Building Official indicating that a newly completed structure complies with all pertinent requirements of this Chapter and may, therefore, be occupied or used.

Clinic:  An establishment where patients who are not lodged overnight are admitted for examination and treatment by group of physicians or dentists practicing together.

Club/Lodge:  A non-profit association or 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.

Community Residence:  Community Residence is a specialized, appropriately supervised residential home care facility serving unrelated persons with and/or physical disabilities which is licensed, certified or accredited by appropriate local, state or national bodies.  A small community residence shall serve eight (8) or fewer persons, (not including staff), in a family-like atmosphere.  A large community residence shall serve nine (9) to twenty (20) persons, (not including staff).  Community residences shall be located not less than one thousand two hundred (1,200) feet from another community residence, except upon due issuance of a special use permit.

Convenience Store:  Any small retail commercial establishment typically offering goods/services, including cold cuts, snack foods, automobile maintenance products, dairy products, soft drinks, sandwiches and gasoline.

District (Zoning):  A designated part of the Village of Noble and surrounding one and one-half (1 ½) miles of unincorporated area wherein restrictions as stipulated in this Chapter are uniform.

Dormitory:  Multi-family housing units designed primarily to house students or military personnel.  Such units are divided into separate quarters which, in combination, are capable of accommodating more than ten (10) persons.  Individual living quarters contain no kitchen or bath facilities.

Drive‑Through Restaurant:  An establishment principally used for the sale of fast-order food.

Drive-In Restaurant:  An establishment where patrons are permitted to park cars on the premises, and food or drinks are served to patrons in cars.

Dump:  A lot or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

Dwelling:  Any building or portion thereof used exclusively for residential purposes.

Dwelling, Multiple‑Family:  A dwelling consisting of two (2) or more dwelling units including condominiums, with varying arrangements of entrance and party walls.

Dwelling, Single‑Family:  A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.  Single family dwelling shall include modular homes, mobile homes and manufactured homes.

Dwelling Unit:  A room or group of rooms designed and equipped exclusively for use as living quarters for only one (1) family and its household employees, including provisions for living, bathing, sleeping, cooking and eating.  The terms shall include travel trailers or recreational vehicles.

Family:  One (1) or more persons related by blood, marriage, or adoption, occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises, as distinguished from a group occupying a boarding house, lodging house, or hotel, as herein defined.

Floor Area:  The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating buildings, but not including garages, unenclosed porches, and cellar or basement space not used for business or commerce.

Frontage:  All the property on one side of a street between two (2) intersecting streets (crossing or terminating).  Measure along the side of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and dead end of the street.

Garage, Private:  An accessory building designed or used for the storage of not more than four (4) motor-driven vehicles owned and used by the occupants of the building to which it is accessory, and not storing more than one (1) commercial vehicle or any vehicle which exceeds a two (2) ton capacity.

Garage, Public:  A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repaired, hiring, selling or storing motor-driven vehicles.

Garage, Storage or Parking:  A building or portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles as distinguished from daily storage furnished transients, and within which motor fuels and oils may be sold, but no motor-driven vehicles are equipped, repaired, hired or sold.

Group Home:  A single residential unit, occupied by unrelated persons co-habitating for reasons of convenience, domestic shelter, homelessness, psychiatric counseling, or religious affiliation.  Such homes shall, as applicable, be properly licensed and supervised by qualified staff.  Group home does not include residences whose primary purpose is to address drug or alcohol abuse, treatment of communicable disease, or provide an alternative to incarceration.

Grade:  For buildings within five (5) feet of a street line, the established elevation of the sidewalk at the center of the building, or where there is more than one street, the average of the sidewalk elevations; for other buildings the average level of the finished surface of the ground.

Hazardous Operations:
          (A)               Creation of unreasonable physical hazard by fire, explosion, radiation or other cause to persons or property.
          (B)               Discharge of any liquid or solid waste into any stream or body of water or into any public or private disposal system or into or on the ground, so as to contaminate any water supply, including underground water supply.
          (C)               Maintenance or storage of any material either indoors or outdoors so as to cause or to facilitate the breeding of vermin or insects.
          (D)               Emission of smoke, which constitutes an unreasonable hazard to the health, safety or welfare of any person.
          (E)               Fly ash or dust which can cause damage to the health of persons, animal or plant life or to other forms of property.
          (F)               Creation or causation of any unreasonable offensive odors discernible at or beyond any property line of the premises on which the aforesaid odor is created or caused.
          (G)               Creation or maintenance of unreasonable reflection or direct glare, by any process, lighting or reflection material at or beyond any property line of the premises on which the aforesaid reflection or direct glare is created or caused.
          (H)               Creation maintenance of any unreasonable distracting or objectionable vibration and/or electrical disturbances discernible at or beyond any property line of the premises on which the aforesaid vibration or electrical disturbance is created or maintained.

Home Occupation:  An occupation conducted in a dwelling unit, provided that:
          (A)               No more than one (1) person other than members of the family residing on the premises shall be engaged in such occupation.
          (B)               The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than thirty-three percent (33%) floor area of the dwelling unit shall be used in the conduct of the home occupation.
          (C)               No traffic shall be generated by such home occupation in greater volume than would normally be excepted in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Chapter, and shall not be permitted or located in a required front yard.
          (D)               No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal sense outside of the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence.  In case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises.
          (E)               Home occupation shall include the use of premises by a physician, surgeon, dentist, lawyer, clergyman, or other professional person for consultation or emergency treatment, but not for the general practice of his profession.

Hospital:  An institution devoted, on an around-the-clock basis, to the maintenance and operation of facilities for the diagnosis, treatment or care of members of the general public suffering from disease, injury or other abnormal physical conditions.  The term "hospital" as used in this Chapter includes sanitariums but excludes institutions operating solely for the treatment of insane persons, drug addicts and alcoholics and convalescent/nursing homes.

Hotel, Motel, Apartment House:  A building in which lodging or boarding and lodging are provided and offered to the public for compensation.  As such, it is open to the public in contradistinction to a rooming house, boarding house, community residence or dormitory which is here separately defined.

Institution:  Building(s) and/or land designed to aid individuals in need of mental therapeutic, rehabilitative counseling or other correctional services.

Junk Yards:  Any land, property, structure, building, or combination of the same on which junk is stored or processed.  Junk shall include wrecked automobiles, scrap iron and other metals, paper, rags, rubber tires, bottles, etc.

Kennel:  Any premises where four (4) or more other animals over four (4) months of age are housed, groomed, bred, boarded, trained and/or sold and which may offer provisions for medical treatment of animals.

Laundromat:  An establishment providing home type washing, drying or ironing machines fore hire to be used by customers on the premises.

Loading Space, Off-Street:  Space logically and conveniently located for bulk pickups and deliveries, scaled to deliver vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled.  Required off-street loading space is not to be included as off-street parking spaces.  All off‑street loading spaces shall be located totally outside of any street or alley right-of-way.

Lot:  A parcel of land occupied or suitable for occupancy by one main building or use, with accessory buildings, including the open spaces required by this Chapter and having its principal frontage upon a public street or highway.

Lot, Corner:  A lot situated at the intersection of two (2) or more streets.

Lot Coverage:  The portion of a lot’s total area, expressed as a percentage, which is consumed by the lot’s principal structure.

Lot, Depth of:  The distance from the front street line to the rear line measured in the main direction of the side lot lines.

Lot, Double Frontage:  A lot having a frontage on two (2) non-intersecting streets as distinguished from a corner lot.

Lot, Interior:  A lot whose side line or lines do not abut upon any street.

Lot of Record:  A lot which is part of a subdivision, the map of which has been recorded in the Office of the Recorder of Deeds of Richland County; or a parcel of land, the deed of which was recorded in the Office of the Recorder of Deeds of Richland County.

Lot Width:  The mean distance between side lot lines measured at right angles to the depth of the lot.

Manufactured Home/Mobile Home:  A factory constructed, transportable structure designed for permanent residential use when placed upon a foundation and connected to utilities, provided, however, that all wheels shall be removed from the manufactured or mobile home and the manufactured or mobile home shall be set on concrete slabs or piers of at least four (4) inches thickness.  Each manufactured or mobile home shall be underpinned and either anchored and/or banned so as to withstand a wind pressure of fifteen (15) pounds per square inch.  The minimum length of a manufactured or mobile home shall not be less than forty (40) feet excluding the hitch and other transporting mechanism and shall have a total floor area of not less than nine hundred (900) square feet.  Manufactured or mobile homes must meet or exceed Federal and State manufactured or mobile home construction codes, and be constructed no more than ten (10) years prior to its being placed on site.  (Ord. No. 98-567; 08-24-98 and 01-594; 08-13-01)

Manufactured/Mobile Home Park:  An area of continuous land upon which five (5) or more mobile homes are harbored for the purpose of being occupied as principal residences and includes all real and personal property used in the operation of the manufactured/mobile home park.  An area of land that is subdivided and contains individual lots which are leased or otherwise contracted for a manufactured/mobile home park if five (5) or more manufactured/mobile homes are harbored there for the purpose of being occupied as principal residences.

Mobile Home:  A structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or erected on site, is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; manufactured no more than ten (10) years prior to its being placed on site.  All wheels shall be removed from the mobile home and the mobile home shall be set on concrete slabs or piers of at least four (4) inches thickness.  Each mobile home shall be underpinned and either anchored or banned so as to withstand a wind pressure of fifteen (15) pounds per square inch.

Modular Home:  An off-site (factory) constructed, transportable structure designed for permanent residential occupancy when placed on a foundation and connected to utilities. Modular homes shall be constructed utilizing two (2) or more units and joined on site to create one whole structure.  Modular units shall not be less than forty (40) feet in length.  Prefabricated homes and other such implied terms shall be deemed to be the same as modular homes.

Motor Court or Motel:  A building or group of buildings used for the temporary residence of motorists or travelers.

Nonconforming Use:  Any building or land lawfully occupied by a use at the time of passage of this Chapter or amendment thereto which does not conform after the passage of this Chapter or amendments thereto with the use regulations of the district in which it is situated.

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

Nursery School/Day Care Center:  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 school age.

Nursing Home:  A private hospital for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders but not including facilities for the treatment or sickness or injuries or for surgical care.

Office Space:  A room or suite of rooms in which are offered services such as real estate agents, attorneys, physicians, insurance agents or others trained and qualified to offer to perform services of a professional nature.

Parking Area:  An open, unoccupied space used or required for use for parking of automobiles exclusively and in which no gasoline or automobile accessories are sold or no other business is conducted and no fees are charged.

Parking Space:  A surface area, enclosed in the main building or in an accessory building, or enclosed, having an area of not less than one hundred eighty (180) square feet exclusive of driveways, permanently reserved for the temporary storage of one (1) automobile and connected with a street or alley by a surface driveway which affords satisfactory ingress and egress for automobiles.

Place:  An open unoccupied space or a public or private thoroughfare other than a street or alley permanently reserved as the principal means of access to abutting property.

Principal Building/Structure/Use:  The main structure erected on or the main use occupying a lot, as distinguished from an accessory structure or use.

Public Utility Facility:  Includes such uses as: electrical power plants, gas regulator stations, telephone exchange facilities, water or sewer treatment plants, public water supply reservoirs, storage tanks, etc.

Public Utility Services:  Equipment and accessories permitted in all districts reasonably necessary for the furnishing and maintenance of adequate public utility service.  This may include underground or overhead gas, electrical, steam, water collection, communication, supply, disposal, transmissions or distribution systems.  This includes poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and other similar equipment, but not including buildings except substations.

Retail:  The sale of goods or services directly to the consumer rather than to another business.

Sanitary Landfill:  A tract of open land used for the permanent disposal of refuse in accordance with the requirements of the Illinois Environmental Protection Agency.  At a “sanitary landfill” the refuse is periodically covered with topsoil.

Setback:  The distance in linear fe4et measured on a horizontal plane from the lot line to the foundation or base of a building or structure on the lot and perpendicular to the lot line.

Setback Line:  A line established by the Zoning Code, generally parallel with and measured from the lot line (property line) defining the limits of a yard in which no building or structure may be provided in this Chapter.

Sign, Illuminated:  Any sign illuminated by electricity, gas, or other artificial light, including reflecting or phosphorescent light.

Special Use:  A use permitted within a district other than a principally permitted use, requiring approval of the Board of Zoning Appeal because of its unusual nature.

Stable:  A structure, situated on the same lot as a dwelling, and designed or used for housing horses for the private use of occupants of the dwelling.

Street:  A public or private thoroughfare which affords the principal means of access to abutting property.

Structure:  Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground.  Among other things, structures include buildings, walls, sheds, play houses, guard houses and phone booths etc.  Structures do not include signs and fences.

Swimming Pool:  A pool or tank containing at least eighteen (18) inches of water at any point and maintained by the owner or manager.

Structural Alterations:  Any change in the supporting members of a structure such as bearing walls, columns, beams, or girders, other than in doors and windows or a minor alterations which affects primarily the appearance and not the life of the structure.

Variance:  A permit granted by the Board of Appeals, varying specific area/bulk regulations, due to unusual circumstances.  This is not the same as rezoning.

Wholesale:  The sale of goods or services by one business to another business.

Yard:  An open space of a lot, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Chapter.

Yard, Front:  A yard across the full width of the lot extending from the front lot line of the principal building to the street right-of-way.

Yard, Rear:  A yard extending the full width of the lot between a principal building and the rear lot line or lines.

Yard, Side:  A yard between the principal building and side lot line, and extending from the front yard line of said building.

Zoning:  A police power measure, enacted by the governing body of local governments, in which the community is divided into districts or zones within which permitted and special uses are
established as are regulations governing lot size, building bulk, placement and other development standards.  Requirements vary from district to district, but they must be uniform within districts.  The Zoning Code consist of two parts: a text and a map.

          40-1‑3         COMPLIANCE WITH THE REGULATIONS.  Except as hereinafter specifically provided:
          (A)               No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used, except for a use permitted in the district in which such 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 such building is located.
          (C)               No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located.
          (D)               No building shall be erected, or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the district in which such building is located.
          (E)               The minimum yards, parking spaces, and open spaces, including lot area per family, required by this Chapter for each and every building existing at the time of passage of this Chapter or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this Chapter for the district in which such lot is located.
          (F)               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 except as specifically provided hereinafter.

          40-1-4           CERTIFICATES OF OCCUPANCY.  Certificates of occupancy shall be required for any of the following:
          (A)               Occupancy and use of a building hereafter erected or structurally altered.
          (B)               Change in use of an existing building to a use of a different classification.
          (C)               Occupancy and use of vacant land.
          (D)               Change in the use of land to a use of a different classification.
          (E)               Any change in the use of a nonconforming use.  No such occupancy, use or change of use, shall take place until a certificate of occupancy therefor shall have been issued by the Building Official.

          40-1-5           RELATIONSHIP TO EXISTING ORDINANCES AND PERMITS.
          (A)               Existing Restrictions.  Where this Chapter imposes a greater restriction upon land use or structures than is imposed or required by existing provisions of law or ordinance, the provisions of this Chapter shall govern.
          (B)               Existing Permits.  This Chapter is not intended to annul any development permits, certificates of occupancy, variances or other lawful permits or licenses issued prior to the effective date of this Chapter.
          (C)               Existing Construction.  Any building or structure for which a development permit has been issued prior to the effective date of this Chapter may be completed and used in accordance with the specifications as listed in the permit application, provided that construction commences within one hundred eighty (180) days of the date upon which the permit was issued.  Existing construction shall also include any construction, with or without a permit, which has begun or been contracted for, at the time this Chapter becomes effective.
          (D)               Nonconforming Lots of Record in Combination.  If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Chapter and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Chapter and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Code, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this Chapter.
          (E)               Existing Municipal Code.  No structure, land use, condition or operation will be permitted within any zoning district in the Municipality which conflicts with any provision of the existing municipal code.
          (F)               Excluded Uses.  Any land use, condition, operation or structure which creates a nuisance or causes detrimental noise, odor, fumes, smoke, vibration or traffic congestion, (as determined by the Building Official with the Board of Zoning Appeal’s concurrence), shall not be permitted within any of the Village zoning districts.  Furthermore, uses which are determined to be blighted, unsafe or unsanitary, or which are found to be dangerous due to the inadequately regulated use, production, processing or transfer of highly flammable or otherwise hazardous materials, shall also be prohibited anywhere within the Village zoning jurisdictional area.
          (G)               Essential public utility services shall be permitted, as appropriate and required, in all zoning districts of the Village.  Such services shall include water and sewer lines, manholes, fire hydrants, meters, gas and electric lines, utility poles, pump stations, etc.  Public utility facilities are not to be included in this Section.

          40-1-6           OFF-STREET PARKING AND LOADING REQUIREMENTS.  In all districts there shall be provided at the time any building or structure is erected or structurally altered off-street parking spaces in accordance with the following requirements:
          (A)               Dwellings, include single and two-family and multiple:  one (1) parking space for each dwelling unit.
          (B)               Boarding or lodging house:  one (1) parking space for each two (2) sleeping rooms.
          (C)               Private club or lodge:  one (1) parking space for every ten (10) members.
          (D)               Church or temple:  one (1) parking space for each eight (8) seats in the main auditorium.
          (E)               School (except high school or college):  one (1) parking space for each ten (10) seats in the auditorium or main assembly room, or one (1) space for each classroom, whichever is greater.
          (F)               College or high school:  one (1) parking space for each eight (8) seats in the main auditorium or three (3) spaces for each classroom, whichever is greater.
          (G)               Country Club or Golf Club:  one (1) parking space for each five (5) members.
          (H)               Community center, library, museum or art gallery:  ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet.
          (I)                Hospital:  one (1) parking space for each two (2) beds.
          (J)                Sanitarium, convalescent home, home for the aged or similar institution: one (1) parking space for each six (6) beds.
          (K)               Theater or auditorium (except school):  one (1) parking space for each five (5) seats or bench seating spaces.
          (L)               Sports arena, stadium, or gymnasium:  one (1) parking space for each five (5) seats of seating spaces.
          (M)              Hotel:  one (1) parking space for each three (3) sleeping rooms or suites plus one (1) space for each two hundred (200) square feet of commercial floor area contained therein.
          (N)               Tourist home, cabin or motel:  one (1) parking space for each sleeping room or suite.
          (O)               Dance hall, assembly or exhibition hall without fixed seats:  one (1) parking space for each one hundred (100) square feet of floor area used therefor.
          (P)               Business or professional office, studio, bank, medical or dental clinic:  three (3) parking spaces plus one (1) additional parking space for each four hundred (400) square feet of floor area over one thousand (1,000) square feet.
          (Q)               Bowling alley:  five (5) parking spaces for each alley.
          (R)               Mortuary or funeral home:  one (1) parking space for each fifty (50) square feet of floor space in slumber rooms, parlors or individual funeral service rooms.
          (S)               Restaurant, nightclub, café or similar recreation or amusement establishment:  one (1) parking space for each two hundred (200) square feet of floor area.
          (T)               Retail store or personal service establishment, except as otherwise specified herein:  one (1) parking space for each two hundred (200) square feet of floor area.
          (U)               Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and service, clothing or shoe repair or service shop:  two (2) parking spaces plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000) square feet.
          (V)               Printing or plumbing shop or similar service establishment:  one (1) parking space for each three (3) persons employed therein.
          (W)              Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse or similar establishment:  one (1) parking space for each two (2) employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.
          In computing the number of such parking spaces required, this shall be construed to be the nearest whole number, and in the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

          40-1-7           SPECIAL USE REGULATION.
          (A)               The Village Board by an affirmative two-thirds (2/3) vote may by ordinance grant a special use permit for the following special uses in any district except as herein qualified, for which they are otherwise prohibited by this Chapter, and may impose appropriate conditions and safeguards, including a specified period of time for the permit, to protect the
Comprehensive Plan and to conserve and protect property and property values in the neighborhood.
                            (1)      Mobile home court in the district, provided that the mobile home court complies with the following requirements:
                                     (a)      A mobile home court shall be located on a tract of land not less than five (5) acres.
                                     (b)     Minimum mobile home space shall be four thousand (4,000) square feet.
                                     (c)      Any building, structure, or mobile home shall be located at least twenty-five (25) feet from any front or rear property line or any side property line adjacent to a street and at least ten (10) feet from any other property line.
                                     (d)      No building or structure within the mobile home court shall exceed the height of thirty-five (35) feet.
                                     (e)      There shall be provided within the boundaries of the mobile home court, not less than two (2) off-street parking spaces for each mobile home space plus one (1) parking space for each two (2) mobile home spaces for visitors and the parking of recreational vehicles.
                                     (f)      The mobile home court shall have direct access to a public street or highway by an access way of not less than forty (40) feet in width.
                                     (g)      Each mobile home space shall abut on a street at least twenty-five (25) feet wide with unobstructed access to a public street.  Appropriate turn around space shall be provided at the terminus of any dead end street in the mobile home court sufficient to accommodate emergency vehicles.
                                     (h)      Individual mobile home spaces shall have a minimum width of forty-two (42) feet and depth of seventy (70) feet.  Spaces shall be arranged and mobile homes parked in such a manner that there is an open space not less than fifteen (15) feet by thirty (30) feet at the rear of and part of each mobile home space.
                                     (i)       Not less than ten percent (10%) of the gross site area of the mobile home court shall be devoted to recreational facilities.  Such facilities shall be centrally located on the site and readily accessible to all mobile home occupants.
                                     (j)      All mobile home parks within the zoning jurisdiction of the Village shall comply with all applicable provisions of the Mobile Home Park Code as amended from time to time.
                            (2)      Manufactured home in a residential district, provided that the following requirements are satisfied:
                                     (a)      The applicant must submit a plot plan of the lot showing the proposed manufactured home on the lot with the dimensions of the home and the distances from various property lines.
                                    (b)     The applicant must submit a floor plan of the proposed manufactured home, along with the name of the manufacturer and model name and number.
                                     (c)      The applicant must submit elevations of all sides of the proposed manufactured home.
                                     (d)      The manufactured home must be installed on piers, supports or foundation as required by the manufacturer.  There must also be a perimeter wall of mortared continuous masonry or concrete consisting of a thirty-six (36) inch frost wall not less than six (6) inches wide.
                                     (e)      The manufactured home must have a minimum of one thousand (1,000) square feet, a minimum width of twenty-four (24) feet, a roof pitch of at least 1 to 4.
                                     (f)      The exterior of the manufactured home must be of a type commonly found in conventional housing in the residential area and the roofing material must be similar to conventional housing in the area.
                                     (g)      All exterior doors of the manufactured home must be accessible from the outside by porch, deck, stairs, or other means constructed in accordance with the BOCA National Building Code.
                                     (h)      The demolition of any existing dwellings on the lot must occur prior to the placement of the manufactured home on the lot.

            40-1-8           NONCONFORMING BUILDINGS.
          (A)               Any lawful use of a building existing at the effective date of this Chapter may be continued, even though such use does not conform to the provisions hereof.  If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification in accordance of this Chapter.  When a nonconforming 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.  The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this Chapter.
          (B)               Whenever the use of a building shall become nonconforming through a change in the Zoning Code or in the district boundaries, such use may be continued, and if no structural alterations are made, may be changed to another nonconforming use or of a more restricted classification in accordance of this Chapter.
          (C)               When a nonconforming use of a building or portion thereof is discontinued for a continuous period -- six (6) months – any future use of such building or portion thereof shall be in conformity with the regulations of the district in which such building is located.
          (D)               A nonconforming building which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than sixty percent (60%) of its reproduction value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located.  When damaged by less than sixty percent (60%) of its reproduction value, a nonconforming building may be repaired or reconstructed and used as before the time of damage provided such repairs or reconstruction are completed within six (6) months.

            40-1-9           NONCONFORMING USES OF LAND.
          (A)               A nonconforming use of land existing at the effective date of this Chapter may be continued; provided, however, that no such nonconforming use of land shall, in any way, be expanded or extended, either on the same or adjoining property.  If such nonconforming use of land or any portion thereof is discontinued for a continuous period of one (1) year, or changed, any future use of such land shall be in conformity with the provisions of this Chapter.
          (B)               A trailer or mobile home constituting a nonconforming use of land may be replaced with another trailer or mobile home of the same or different size provided that it satisfies all other requirements of this Chapter, including the height and area requirements.
          (C)               Prior to the continuation of any nonconforming use of land, including the replacement of a trailer or mobile home with another trailer or mobile home, after the nonconforming use of land has been discontinued for a period of less than one (1) year, the property owner or other interested party shall file a Petition for Continuance of a Nonconforming Use in the manner prescribed in this Chapter.  The Village Board may approve a continuation of a nonconforming use of land, including the replacement of a trailer or mobile home with another trailer or mobile home.

             40-1-10         DISTRICTS AND BOUNDARIES.  Pursuant to the aforementioned provisions of this Chapter, all land within the municipal limits of the Village shall be divided into the following districts and shown on the Noble Zoning Map hereto attached.  Said Zoning Map is hereby approved and adopted and is hereby made a part of this Chapter.
          (A)               Agricultural, (A-1)
          (B)               Single Family Residential, (R-1)
          (C)               General Residential, (R-2)
          (D)               Central Business, (B-1)
          (E)               General Commercial, (B-2)
          (F)               Industrial, (I-1)   

            40-1-10.1      AGRICULTURAL DISTRICT, A-1.
          (A)               Principal Uses and Structures.
                            (1)      Agriculture and agricultural buildings and uses in connection with a bona fide farming operation.  Provided, however, that the sheltering and feeding of livestock, (not including horses and cattle), shall not be permitted within five hundred (500) feet of any other adjoining district boundary or within two hundred fifty (250) feet of any adjoining property line.  Animal kennels shall also be governed by this restriction.
                            (2)      Agri-business uses.
                            (3)      Grain elevators.
                            (4)      Churches, temples.
                            (5)      Single and multi-family dwellings, boarding houses.
                            (6)      Public and private schools.
                            (7)      Parks and playgrounds.
                            (8)      Animal kennels, commercial stables.
                            (9)      Recreational facilities.
                            (10)    Agricultural storage operations.
                            (11)    Veterinarian hospital.
                           (12)    Cemeteries.
                            (13)    Manufactured home parks, individual modular or manufactured homes.
                            (14)    Nurseries, greenhouses, produce stands.
                            (15)    Agricultural implement sales.
                            (16)    Home occupations.
                            (17)    General commercial uses.
                            (18)    Private reservoirs.
                            (19)    Small community residences, boarding houses.
          (B)               Special Uses.  After due notice, consideration and appropriate safeguards, the Board may permit special uses as follows:
                            (1)      Public utility facilities.
                            (2)      Hospital or nursing home.
                            (3)      Raising and breeding of non-farm animals.
                           (4)      Oil fields.
                            (5)      Group homes, dormitories.
                            (6)      Institutional facilities.
                            (7)      Seasonal fishing and hunting lodges.
                            (8)      Penal or correctional institutions.
                            (9)      Manufacturing or industrial buildings.
                            (10)    Junk yards, salvage yards, dumps.
                            (11)    Airports.
                            (12)    Livestock auctioning.
                            (13)    Amusement facilities.
                           (14)    Research facilities, involving non-hazardous chemicals, materials or live animals.
                           (15)    Warehousing uses.
                            (16)    Mass transit and trucking operations.
                            (17)    Any other related uses deemed appropriate and permitted by the Board.
          (C)               Accessory Uses and Structures.  Accessory uses and structures customarily incidental to permitted principal o9r special uses and on the same or adjoining parcel, including:
                            (1)      Garages.
                            (2)      Resident, customer and client parking areas.
                            (3)      Sale of produce grown on premises.
                            (4)      Livestock shelters, pet houses.
                            (5)      General storage structures.
                            (6)      Farm labor living quarters.
                            (7)      Truck or equipment storage buildings.
                            (8)      Other uses customarily associated with permitted uses and approved by Building Official.
          (D)               Prohibited Uses.
                            (1)      Livestock slaughtering.
                            (2)      Mining and dredging.
                            (3)      Rock quarries, sand pits.
                            (4)      Railroad yards.
                            (5)      Hazardous waste operations.
                            (6)      Sanitary landfills.
                            (7)      All other uses deemed inappropriate by Building Official with concurrence of Board.
                            (8)      Mobile home parks and mobile homes.
          (E)               Lot and Building Specifications.
                            (1)      Minimum lot area: 11,000 sq. ft.
                            (2)      Front yard setback: 30 ft.
                            (3)      Rear yard setback: 25 ft. (10 ft. for accessory structures)
                            (4)      Minimum side yard: 35 ft. total, with a minimum of 15 ft. on one side (10 ft. for accessory structures)
                            (5)      Minimum lot width: 75 ft.
                            (6)      Minimum off-street parking: agricultural uses – none; all other uses shall be governed by parking regulated as delineated under the appropriate corresponding district.
                            (7)      Maximum number of structured permitted on lot: 2 principal use.

            40-1-11         SINGLE FAMILY RESIDENTIAL, R-1.
          (A)               Principal Uses and Structures.
                           (1)      Single family dwellings.
                           (2)      School, (public or private, K-8).
                           (3)      Parks and playgrounds.
                           (4)      Small community residences.
          (B)               Special Uses.  After due notice, consideration and appropriate safeguards, the Board may permit special uses as follows:
                           (1)      Duplexes.
                           (2)      Home occupations.
                           (3)      Libraries, museums.
                           (4)      Churches, temples.
                           (5)      Modular or manufactured homes.
                           (6)      Civic centers.
                           (7)      Golf courses.
                           (8)      Home-based day care facilities, nursery schools.
                           (9)      Funeral homes.
                           (10)    Agricultural land uses, (when the property to be affected is greater than one-half (1/2) acre in size).  May be permitted on an individual case-by-case basis as deemed appropriate by the Board of Appeals.
                           (11)    Other uses deemed appropriate and permitted by the Board.
          (C)               Prohibited Uses.
                           (1)      Any commercial uses, except as provided as special uses.
                           (2)      All industrial uses.
                           (3)      All agricultural uses.
                           (4)      Animal kennels, stables.
                           (5)      Residential uses, except as provided for above.
                           (6)      Institutional facilities.
                           (7)      Illuminated signs.
                           (8)      Junk and salvage yards, dumps.
                           (9)      Recreational uses, except as provided for above.
                           (10)    Public utility facilities.
                           (11)    Warehousing.
                           (12)    All other uses.
(#98-567)
          (D)               Accessory Uses and Structures.  Accessory uses and structures customarily incidental to permitted principal or special uses and on the same or adjoining parcel, including:
                            (1)      Garages and carports.
                            (2)      Sheds.
                            (3)      Client or public parking areas.
                            (4)      Household gardens.
                            (5)      Pet houses.
                            (6)      TV antennas and satellite dishes.
                            (7)      Private swimming pools, tennis courts.
                            (8)      Other uses customarily associated with permitted uses and approved by Building Official.
          (E)               Lot and Building Specifications.  (See District B-2 for commercial uses.)
                            (1)      Minimum lot area: 7,100 sq. ft.
                            (2)      Minimum lot width: 50 ft.
                            (3)      Front yard setback: 20 ft.
                            (4)      Minimum side yard: 10 ft. (5 ft. for accessory structures).
                            (5)      Rear yard setback: 10 ft. (6 ft. for accessory structures).
                            (6)      Minimum ground floor area: 1,000 sq. ft. single family, 1,400 sq. ft. two families.
                            (7)      Maximum building height: 35 ft.
                            (8)      Maximum lot coverage: 33% single or double family residential; 70% all others.
                            (9)      Minimum off-street parking: one per dwelling unit, see B-2 district for non-residential requirements.
                            (10)    Vision clearance on corner lots: required.
                            (11)    Maximum number of structures permitted on lot: 1 principal use, 2 accessory.
          Vision clearance shall consist of a triangular space of the street corner of a corner lot, free from any kind of obstruction to vision.  Such triangular space shall be determined by a diagonal line connecting a point on each lot line which is situated fifteen (15) feet equidistant from the intersection of said lot lines.

            40-1-12         GENERAL RESIDENTIAL, R-2.
          (A)               Principal Uses and Structures.
                           (1)      All special and principal uses as permitted within a R-1 district.
                           (2)      Multi-family housing.
                           (3)      Modular or manufactured homes.
                           (4)      Condominiums.
                           (5)      Boarding houses.
                           (6)      Schools for grades 9-12.
                           (7)      Small or Large Community Residences.
          (B)               Special Uses.  After due notice, consideration and appropriate safeguards, the Board may permit special uses as follows:
                           (1)      Convenience stores.
                            (2)      Medical clinic facilities.
                            (3)      Professional office space, governmental offices.
                            (4)      Hospitals, Nursing homes.
                            (5)      Institutional facilities.
                            (6)      Group homes, Dormitories.
                            (7)      Recreational facilities.
                            (8)      Clubs, Lodges.
                            (9)      Cemeteries.
                            (10)    Manufactured home parks.
                            (11)    Illuminated signs.
                            (12)    Utility service substations.
                            (13)    Agricultural land uses, (when property to be affected is greater than one-half (1/2) acre in size), may be permitted on an individual case-by-case basis as deemed appropriate by the Board of Appeals.
                            (14)    Other similar uses deemed appropriate and permitted by the Board.
          (C)               Prohibited Uses.
                            (1)      All commercial uses; except as provided.
                            (2)      All agricultural uses.
                            (3)      All industrial uses.
                            (4)      Animal kennels, stables.
                            (5)      Stock yards, livestock auctioning.
                            (6)      Junk and salvage yards or dumps.
                            (7)      Warehousing and trucking operations.
                            (8)      Landfills.
                            (9)      Mining and excavation activities.
                            (10)    Oil fields.
                            (11)    Research facilities.
                            (12)    All other uses deemed inappropriate by Building Official with concurrence of Board.
          (D)               Accessory Uses.  Accessory uses and structures customarily incidental to permitted principal or special uses and on the same or adjoining parcel, including:
                            (1)      All accessory uses permitted within an R-1 district.
                            (2)      Resident, customer and patient parking areas.
                            (3)      Other uses customarily associated with permitted uses and approved by Building Official.
          (E)               Lot and Building Specifications.  (See District B-2 for commercial uses.)
                            (1)      Minimum lot area: 6,500 sq. ft. single family or duplex; 4,000 sq. ft. multi-family
                            (2)      Minimum lot width: 40 ft.
                            (3)      Front yard setback: 20 ft.
                            (4)      Minimum side yard: 8 ft. (4 ft. for accessory structures)
                            (5)      Rear yard setback: 10 ft. (5 ft. for accessory structures)
                            (6)      Minimum ground floor area: 780 sq. ft. single family, 600 sq. ft. multi-family
                            (7)      Maximum building height: 50 ft.
                            (8)      Maximum lot coverage: 40% single family, 80% all other
                           (9)      Minimum off-street parking: one per dwelling unit, see B-2 district for non-residential requirements
                            (10)    Vision clearance on corner lots: required
                            (11)    Maximum structures permitted on lot: 1 principal use, 2 accessory.

            40-1-13         CENTRAL BUSINESS, B-1.
          (A)               Principal Uses and Structures.
                           (1)      Professional office space of all types.
                           (2)      Retail establishments including the following uses: appliance, furniture, and fixtures, drugs, hardware, sporting goods, walk-in restaurants, books and magazines, videos, novelties and antiques, shoes, clothing, office supplies, auto parts, music and records, other similar uses deemed appropriate by Building Official.
                           (3)      Service establishments including the following uses: beauty and barber shops, insurance, finance, real estate, travel, governmental, other similar uses as deemed appropriate by Building Official.
                           (4)      Apartments above commercial establishments.
                           (5)      Illuminated signs.
          (B)               Special Uses.  After due notice, consideration and appropriate safeguards, the Board may permit special uses as follows:
                           (1)      Drive-through businesses and restaurants, convenience stores.
                           (2)      Hotels.
                           (3)      Churches or temples.
                           (4)      Clubs or lodges.
                           (5)      Apartment buildings.
                           (6)      Grocery stores.
                           (7)      Automobile sales.
                           (8)      Service stations.
                           (9)      Meeting halls.
                           (10)    Libraries, museums.
                           (11)    Health and fitness clubs.
                           (12)    Theaters, auditoriums, civic centers.
                           (13)    Lawn and garden shops.
                           (14)    Other similar uses deemed appropriate and permitted by the Board.
                           (15)    Warehousing or storage operations.
          (C)               Prohibited Uses.
                           (1)      Commercial uses other than those permitted as principal and special uses.
                           (2)      All agricultural uses.
                           (3)      All industrial uses.
                           (4)      Animal kennels, stables, livestock auctioning, stock yards.
                           (5)      Junk and salvage yards, dumps.
                           (6)      Trucking facilities.
                           (7)      All residential uses except as noted above.
                           (8)      Schools and playgrounds, institutional facilities of any type.
                           (9)      Cemeteries.
                           (10)    Mineral extraction activities.
                           (11)    Recreational facilities, except as provided for above.
                           (12)    Public utility facilities.
                            (13)    Sanitary landfills.
                           (14)    All other uses deemed inappropriate by Building Official with concurrence of Board.
(Ord. No. 98-567; 08-24-98)
          (D)               Accessory Uses.  Accessory uses and structures customarily incidental to permitted principal or special uses and on the same or adjoining parcel, including:
                            (1)      Customer, client, resident and public parking areas.
                            (2)      Loading areas.
                            (3)      Storage structures.
                            (4)      Other uses as customarily associated with principal or special use.
          (E)               Lot and Building Specifications.  (See District R-2 for residential uses.)
                            (1)      Minimum lot area: 2,500 sq. ft.
                            (2)      Minimum lot width: 30 ft.
                            (3)      Front yard setback: none
                            (4)      Side lot setback: none (12 ft. when adjacent to a residential district)
                            (5)      Rear lot setback: 10 ft.
                            (6)      Maximum building height: 50 ft.
                            (7)      Maximum lot coverage: 90%, 80% for residential uses.
                            (8)      Minimum off-street parking: none for principal use, as provided under District D-2 for special uses, District R-2 for residential uses.
                            (9)      Maximum structures permitted on lot: 1 principal, 1 accessory.

            40-1-14         GENERAL BUSINESS DISTRICT, B-2.
          (A)               Principal Uses and Structures.
                           (1)      All commercial and retail business uses are permitted unless specifically prohibited under stipulations of this district.
                           (2)      All principal and special uses permitted within District R-2, except as provided for as special uses within this Section.
                           (3)      Governmental offices.
                           (4)      Churches, temples.
                           (5)      Meeting halls.
                           (6)      Cemeteries.
                           (7)      Hotel, motels.
                           (8)      Illuminated signs.
                           (9)      Clubs, lodges.
          (B)               Special Uses.  After due notice, consideration and appropriate safeguards, the Board may permit special uses as follows:
                           (1)      Animal kennels (with proper setback requirements).
                           (2)      Moving equipment storage and warehousing operations, distribution centers, mass transit operations.
                           (3)      All recreational uses.
                           (4)      Public or private utility facilities.
                           (5)      Hospitals, nursing homes, institutional uses not provided for above.
                           (6)      Car and truck service garages.
                           (7)      Multi-family housing units, large community residences, group homes, dormitories, boarding houses.
                           (8)      Lumber yards.
                            (9)      Light industrial uses, agri-business uses.
                            (10)    Wholesale businesses.
                            (11)    Amusement facilities.
                            (12)    Trucking terminals.
                            (13)    Mobile or manufactured home parks.
                            (14)    Agricultural land uses, (when the property to be affected is greater than one-half (1/2) acre in size), may be permitted on an individual case-by-case basis as deemed appropriate by the Board of Appeals.
                            (15)    Other uses as deemed appropriate and permitted by Board.
          (C)               Prohibited Uses.
                            (1)      Livestock auctioning or slaughtering.
                            (2)      All agricultural uses involving farming operations.
                            (3)      Manufacturing uses; except as permitted above.
                            (4)      Mineral extraction activities, oil fields.
                            (5)      Rock quarries, sand pits.
                            (6)      Sanitary landfills.
                            (7)      Airports.
                            (8)      Penal or correctional institutions.
                            (9)      Railroad yards.
                            (10)    Reservoirs.
                            (11)    Research facilities.
                            (12)    Junk and/or salvage yards, dumps.
                            (13)    All others deemed inappropriate by Building Official with concurrence of Board.
                            (14)    Individual mobile homes and mobile home parks.
          (D)               Accessory Uses.
                            (1)      Off-street parking and loading areas in conjunction with principal or permitted special uses.
                            (2)      Storage structures or areas directly related to and subsidiary to principal or permitted special uses.
          (E)               Lot and Building Specification – Commercial Uses.  (See District R-2 for residential uses.)
                            (1)      Minimum lot area: 3,000 sq. ft.
                            (2)      Minimum lot width: 40 ft.
                            (3)      Front yard setback: 10 ft.
                            (4)      Minimum side yard: 8 ft. (20 ft. when adjacent to a residential district)
                            (5)      Rear yard setback: 10 ft.
                            (6)      Maximum building height: 50 ft.
                            (7)      Maximum lot coverage: 80%, (40% for single family residential)
                            (8)      Minimum off-street parking: All nonresidential uses shall provide sufficient off-street parking space for each employee and shall also provide sufficient off-street parking to meet the maximum expected needs of clients, customers, students, visitors, etc.  Furthermore, the parking, entry, exit and docking needs of all trucks and other vehicles loading, unloading or standing on the business shall be
accommodated.  All residential uses shall provide one off-street parking space for each dwelling unit.
                            (9)      Vision clearance on corner lots: required.
                            (10)    Maximum number of structures permitted on lot: a total of three structures are permitted for non-residential use; residential uses are limited to one principal structure and two accessory.

             40-1-15         INDUSTRIAL DISTRICT, I-1.
          (A)               Principal Uses and Structures.
                           (1)      facilities designed to provide for the manufacturing, fabricating, processing, assembly, dismantling, storage or disposal of raw materials.
                           (2)      All special uses stipulated under District B-2, excepting residential and recreational uses, institutional uses and amusement facilities.
                           (3)      Trucking terminals.
                           (4)      Wholesale business, distribution centers.
                           (5)      Moving, equipment storage and warehousing operations.
                           (6)      Mass transportation vehicle terminals and storage operations.
                           (7)      Railroad yards.
                           (8)      Public utility facilities.
                           (9)      Reservoirs.
                           (10)    Construction firms.
                           (11)    Agri-business uses.
          (B)               Special Uses.
                           (1)      Livestock auctioning or slaughtering.
                           (2)      Mineral extraction activities, oil fields.
                           (3)      Rock quarries, sand pits.
                           (4)      Sanitary landfills.
                           (5)      Shooting ranges.
                           (6)      Junk and salvage yards, dumps.
                           (7)      Airports.
                           (8)      Penal or correctional institutions.
                           (9)      Research facilities involving non-hazardous chemicals, materials or live animals.
                           (10)    Properly regulated manufacturing uses involving flammable, or in any other manner, hazardous materials; hazardous operations.
                           (11)    Grain elevators.
                           (12)    Recreational uses.
                           (13)    Agricultural land uses, (when the property to be affected is greater than one-half (1/2) acre in size), may be permitted on an individual case-by-case basis as deemed appropriate by the Board of Appeals.
          (C)               Prohibited Uses.
                           (1)      Agriculturally related uses, other than as permitted above.
                           (2)      Residential uses of any type.
                           (3)      Institutional facilities of any type, other than penal or correctional.
                           (4)      Churches, clubs, lodges, meeting halls, auditoriums, libraries, museums, etc.
                           (5)      All recreational uses.
                            (6)      Commercial uses, other than as provided for above.
                            (7)      All other uses except as previously provided for in this Section.
                            (8)      Individual mobile homes and mobile home parks.
          (D)               Accessory Uses.
                            (1)      Off-street parking and loading areas.
                            (2)      Storage structures or areas.
          (E)               Lot and Building Specifications.
                            (1)      Minimum lot area: 15,000 sq. ft.
                            (2)      Minimum lot width: 80 ft.
                            (3)      Front lot setback: 30 ft.
                            (4)      Minimum side lot: 20 ft. (40 ft. if bordering on any other district).
                            (5)      Rear lot setback: 20 ft. (40 ft. if bordering on any other district).
                            (6)      Minimum off-street parking: All manufacturing uses shall provide one parking space for each employee and shall also provide sufficient off-street parking for the maximum expected number of visitors.  Furthermore, the parking, entry, exit and docking needs of all trucks and vehicles loading, unloading or standing at the business shall be properly accommodated.

            40-1-16         ZONING MAP AND DISTRICT BOUNDARIES.
          (A)               The boundaries of the listed zoning districts are hereby established as shown on the official zoning map of this Village.  This official map, including all notations and other information thereon, is hereby made a part of this Chapter and referred to as Addendum “A”.  The official zoning map shall be kept on file in the Village Hall.
          (B)               Annual Publication.  In accordance with Illinois Compiled Statutes, Chapter 65, § 5/11-13-19, the Building Official shall publish the zoning map of this Village not later than March 31st of each year.  However, no map shall be published for any calendar year during which there have been no changes in zoning districts or regulations.
          (C)               All streets, alleys, and railroad right-of-way, unless otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, or railroad rights-of-way.  Where the center line of a street or alley serves as a district boundary, the zoning of such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.
          (D)               Annexed Territory.  Upon the effective date of this Chapter, whenever any territory is annexed to this Village, the Zoning Board will, after making a determination of appropriate zoning, make a recommendation to the Village Board for concurrence and inclusion into the appropriate ordinances.

            40-1-17         MUNICIPAL PLAN.  The official plan of the Village is hereby established.  It shall consist of the following:
          (A)               A map of the Village and extraterritorial jurisdictional area demonstrating classes of existing land use.
          (B)               A map delineating projected future land use and growth areas within the Village zoning jurisdictional area.
          (C)               The entire contents of this Chapter, including the zoning map and district boundaries.

            40-1-18         ESTABLISHMENT OF OFFICE OF BUILDING OFFICIAL AND BOARD OF APPEALS.  The office of Building Official and Board of Appeals is hereby established.  As the Building Official is not a voting member of the Board of Appeals, the Village residency requirement for members is waived, however they are required to be a resident of the West Richland School District.  The Building Official and Board of Appeals shall be appointed by the Mayor with the approval and consent of the Board of Trustees.  The Board of Appeals is hereby authorized and directed to administer and enforce the provisions of this Chapter.  The responsibilities of the Building Official and Board of Appeals shall include, but not necessarily be limited to, the following:
          (A)               Receive, review and approve or disapprove applications for building permits.
          (B)               Issue or deny certificates of compliance following construction but prior to occupancy.
          (C)               Periodically inspect land, structures and uses to determine compliance with this Chapter.
          (D)               Review requests for variances; special use permits; temporary use permits; rezoning classifications and ordinance amendments.
          (E)               Maintain up-to-date and properly organized information and records pertaining to all applicable provisions of this Chapter.
          (F)               Upon finding that any of the provisions of this Chapter have been violated, notifying in writing the person(s) responsible for such violation, ordering the action necessary to correct such violation.  Such action(s) shall be taken in conjunction with the counsel of the Village Attorney.
          (G)               Provide information to the general public on matters related to this Chapter.
          (H)               Perform other duties as the Board may, from time to time prescribe.
          (I)                In the event the Building Official determines that the Application for a building permit is an emergency, then in such event, the Application may be approved by the Building Official, so long as he obtains a minimum of four (4) Zoning Committee Board Member’s signatures of approval.
(Ord. Nos. 98-564 and 98-570)

            40-1-19         BUILDING PERMITS/CERTIFICATES OF COMPLIANCE.
          (A)               No building or other structure shall be erected, moved, reconstructed, placed or structurally altered; nor shall any building, structure, or land use be established or changed in use without a building permit issued by the Building Official. Structures of any type which are not set on top of a permanent foundation and do not have a ground floor area of more than two hundred (200) square feet shall be exempt from permit requirements.  Provided, however, buildings not permanent, less than two hundred (200) square feet, and used as a business are NOT exempt from permit requirements and must obtain a permit.  No permit shall be issued unless the proposed structure and use is in conformity with the Village Building and Property Maintenance Code and any other applicable provisions of duly enacted ordinances.  The building permit shall also serve as a zoning permit provided that the proposed use is found to be in compliance with the requirements of the zoning district in which it is located (as set forth in this Chapter) or with the stipulations of a duly issued variance, special use or interpretation appeal.  (Ord. No. 99-579; 12-13-99)
          (B)               Application for a building permit shall be made in duplicate and signed by the owner or applicant attesting to the accuracy of all information supplied by the application. 
Each application shall clearly state that the permit shall expire and be revoked if work has not begun within one hundred eighty (180) days.
          (C)               In addition to locational and ownership information, all applications for permits shall be accompanied by a plat or sketch in duplicate, drawn to scale, showing the dimensions of the lot or lots to be built upon, the size of the building to be erected or expanded ground floor area, its location on the lot or lots, and such other information as may be necessary to provide for the enforcement of the provisions of this Chapter.  A careful record of said application shall be maintained by the Building Official.  Information shall also be provided concerning proposed use, building height, parking spaces, accessory structures and vision clearance, (on corner lots).  The applicant for a permit shall satisfy the Building Official that his property corners are properly staked and that the building or structures shall be located in strict accordance with the provisions of this Chapter.
          (D)               Within thirty (30) days after the receipt of an application for a building/zoning permit, the Building Official shall either approve or disapprove the application.  One set of the plans shall be returned to the applicant by the Building Official and will be marked either “approved” or “disapproved” with the Building Official’s signature on the copy to attest.  One set of the plans, similarly marked, shall be retained by the Village.  If the application is approved, a copy of the permit shall be conspicuously placed at the permitted property.  If disapproved, the Building Official shall indicate the reasons in writing.
          (E)               No building, or structure hereinafter erected or structurally altered shall be occupied and used until a certificate of compliance has been issued by the Building Official.  The certificate of compliance shall be issued only after the Building Official makes a finding that the building or structure has been erected or structurally altered in conformation with the provisions of this Chapter and all other applicable laws and in accordance with building permit.  The certificate of compliance shall be applied for, coincidental with the application for a building permit, and shall be issued within ten (10) days after the erection or alterations of such buildings shall have been satisfactorily completed.  A record of all certificates shall be kept on file in the office of the Building Official or Village Treasurer and copies shall be furnished, upon request and after payment of copy free service fee, to any person having a proprietary or tenancy interest in the building affected.
          Nothing in this Chapter shall be deemed to require any change in the plans, construction or designated use of any existing construction as defined in this Chapter provided actual construction commences within one hundred eighty (180) days of the issuance date.
          (F)               Record of Building Permit.  The Village Clerk shall maintain a complete record of all building permits and certificates of occupancy and copies shall be furnished or presented for review to any person upon request to the Village Clerk.
          (G)               Failure to obtain a building permit shall be a violation of the ordinance and be punishable under the provisions of this Chapter.
          (H)               Changes to Plans and Applications.  Building permits/certificates of compliance are issued on the basis of plans and applications approved by the Building Official.  Any changes to plans and applications as originally submitted must be approved by the Building Official prior to applicable construction.  Any changes made without the Building Official’s approval will be considered a violation punishable under this Chapter.
          (I)                A fee of Fifty Dollars ($50.00), shall be paid for each permit/certificate application submitted.  A separate permit shall be required for each principal structure or use.  The permit/certificate application fee shall be paid to the Village Treasurer.  Until all appropriate fees have been paid in full, no action can be taken on any application.

            40-1-20         BOARD OF APPEALS.
          (A)               The Zoning Board of Appeals is hereby established in accordance with Illinois Compiled Statutes, Chapter 65, § 5/11-13-3.  The Board shall consist of seven (7) members, all of whom reside within the Village.  Each member shall be appointed by the Mayor with the advice and consent of the Board.  Members of the Board of Appeals should be appointed to serve respectively for the following terms: one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years, one (1) for five (5) years, one (1) for six (6) years, and one (1) for seven (7) years, the successor to each member so appointed to serve for a term of five (5) years.  Members shall not hold concurrent terms.
          Vacancies shall be filled for the unexpired term of the member who has vacated his/her position in the same manner as provided for the appointment of new members.  One (1) member of the Board shall be designated as Chairperson by the Mayor, with the advice and consent of the Board.  Chairperson shall serve for a period of one (1) year.
          (B)               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 Board meetings shall be open to the public.  The Board may adopt their own rules of meeting procedures consistent with this Chapter and the applicable state statutes.  The Board may select such officers as deemed necessary.  The Chairman, or in his absence the Acting Chairman, 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 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 decision of the Board shall be filed and shall be public record.
          (C)               In exercising its duties, the Board may, as long as such action is in conformity with the terms of this Chapter, reverse or affirm wholly or partly, or modify the order, requirement, decision, or determination of the Building Official upon appeal.  The concurring vote of a majority of the entire Board shall be necessary to reverse any order, requirement, decision, or determination of the Building Official or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter.  For the purpose of this Chapter, the Board has the following specific responsibilities:
                            (1)      To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Building Official.
                            (2)      To authorize such variances from the terms of this Chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of this Chapter will result in unnecessary hardship, and so that the spirit of this Chapter shall be observed and substantial justice done.
                            (3)      To grant special uses as specified in the applicable district including such additional safeguards as will uphold the intent of this Chapter.
                            (4)      Make a recommendation to the Village Board in regards to requests for ordinance amendments concerning alterations of district boundaries, proposed changes in the status of uses, zoning reclassifications, etc.  While performing this function, the Zoning Board of Appeals will assume the role of a municipal planning commission.
                            (5)      The Board of Appeals shall, upon receiving notification of application of appeal, schedule a meeting to act upon such appeal to be held within thirty (30) days of the date of the application. 
Actions concerning variances, special uses and ordinance amendments shall require the holding of public hearing as described in this Chapter.
                            (6)      All questions concerning interpretation and enforcement of this Chapter, raised by members of the general public, shall first be presented to the Building Official.  Such questions shall be presented to the Board only on appeal from the Building Official’s decision.  Recourse from the decisions of the Board of Appeals, or Board in the case of ordinance amendments, shall be to the courts as provided by law.    

            40-1-21         VARIANCES, SPECIAL USES, ORDINANCE AMENDMENTS.
          (A)               A variance is a relaxation of any of the requirements of this Chapter, (by specific zoning district), that are applicable to a particular lot, structure or use.  Every application for a variance shall be filed with the Building Official on a prescribed form.  The Zoning Board of Appeals shall not grant any variance unless it is determined that:
                                  (1)      The proposed variance is consistent with the general purposes of this Chapter; and
                                  (2)      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; and
                                  (3)      The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship, and allow a reasonable return on the property; and
                                  (4)      The plight of the applicant is due to peculiar circumstances not of his own making; and
                                  (5)      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
                                  (6)      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 Village’s general development plan.
          (B)               A special use is a use that has operational, structural or other characteristics that distinguish it from the principal permitted uses of a zoning district, but one which can be made compatible with the overall development character within a district.  Applications for special use permits shall be filed with the Building Official on a prescribed form.  Applications shall be reviewed on a case-by-case basis by the Board of Appeals and shall not be granted unless it is determined that the use:
                                  (1)      Is in fact a permissible special use as established under the provisions of the applicable district;
                                  (2)      Will be harmonious with and in accordance with the general objectives, or with any specific objective of the Village’s overall development plan and/or Zoning Code;
                                  (3)      Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such will not change the essential character of the same area;
                                 (4)      Will not be hazardous of disturbing to existing or future neighboring uses and will not have a clearly detrimental effect on the value of neighboring property;
                                  (5)      Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
                                  (6)      Will not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic welfare of the community;
                                  (7)      Will have vehicular approaches to the property designed so as not to create an interference with traffic on adjacent and surrounding streets.
          A special use permit shall be deemed to authorize only one particular use and said permit shall automatically expire if for any reason the use has not commenced within one (1) year.  Further, the special use is a conditional use and subject to revocation and/or fine if the conditions are not met.  In addition, the special use is not transferable.
          Applications for temporary use permits shall be considered and acted upon as special use requests, the sole exception being that all temporary use permits shall be issued and be valid for a clearly specified period of time.
          (C)               The Village Board may amend this Chapter in accordance with Illinois Compiled Statutes, Chapter 65, § 5/11-13-14.  Alterations of district boundaries, changes in the status of uses within a district, changes in regulations governing nonconforming uses, etc. and/or rezoning of specific property shall be deemed to be ordinance amendments.  Each application for amendment shall be filed with the Building Official or Chairman of the Board of Appeals on a prescribed form.  Amendments may be proposed by Village Board, the Building Official, the Board of Appeals, or any interested person of the general public.  An amendment may be enacted only upon majority vote of the Village Board taken after the holding of a public hearing and recommendation of the Board of Appeals as described in items (E) and (F) of this Section.
          (D)               There shall be a fee of Fifty Dollars ($50.00) paid for each application filed for a variance, special use of ordinance amendment.  A separate application shall be required for each principal structure or use.  The application fee shall be paid to the Village Treasurer.  Until all appropriate fees have been paid in full, no action can be taken on any application.
          (E)               The Board of Zoning Appeals shall schedule and conduct public hearings as follows: The Board shall publish an official notice of public hearing in “The Olney Daily Mail”, (at least one time), not less than fifteen (15) days nor more than thirty (30) days before the meeting of the Board at which the application is to be acted upon.  At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney.
          Notice of the public hearing shall be delivered, by first class mail, to all persons, (including tenants or lease holders), whose property, place of residence, or place of business would be within two hundred fifty (250) feet of the property to be affected by a proposed variance, special use or ordinance amendment.  This notification by mail shall be done concurrently with the publication of same in a newspaper of general circulation within the community.
          The public notice shall state the following:   
                                  (1)      Purpose of the public hearing.
                                  (2)      The name(s) of the petitioner(s), including property owner if different from petitioner.
                                 (3)      The address of the subject property named in the application, both legal description and street address.
                                  (4)      The date, time and place of the Board of Appeals meeting.
                                  (5)      A brief statement of the proposed variation, special use, or zoning ordinance change.
          (F)               Within thirty (30) days after holding of the public hearing, the Board of Zoning Appeals shall either approve, conditionally approve, or disapprove requests for variance or special use permits.  The Board of Appeals shall describe and document the reasoning for approval or disapproval based upon information either contained within the application submitted or brought forward at the public hearing.  In the case of requests for amendments to this Chapter, the Board of Appeals shall not be granted final decision making authority but will rather make a recommendation for approval or disapproval to the Village Board in the same manner as described above.

            40-1-22         LEGAL STATUS PROVISIONS.
          (A)               Interpretation.  In applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.  Whenever the provisions of any other lawfully adopted ordinance shall be deemed more restrictive than those of the Zoning Code, then the most restrictive ordinance shall govern.
          (B)               Severability.  The requirements and provisions of this Chapter are severable, and should any section, part or provision of this Chapter be declared invalid or unconstitutional by any court of competent jurisdiction, the decision of the court shall not affect the validity of the ordinance as a whole or any section thereof other than the section, part, or provision thereof so declared to be invalid or unconstitutional.
          (C)               Repeal of Conflicting Ordinance.  All ordinances or parts of ordinances in conflict with or inconsistent with the provisions of this Chapter are hereby repealed to the extent necessary to give this Chapter full force and effect.

            40-1-23         PENALTIES FOR VIOLATION.
          (A)               Any person who is convicted of a violation of this Chapter shall be fined not less than One Hundred Twenty Dollars ($120.00) nor more than Seven Hundred Fifty Dollars ($750.00), plus costs.  Each day that a violation continues shall be considered a separate offense.
          (B)               Nothing contained in this Section shall prevent this Village from taking any other lawful action that may be necessary to secure compliance with this Chapter.

(Unless Otherwise Noted; Ord. No. 97-562; 10-13-97)