Come and Enjoy the annual Warren Christmas Walk on Monday, December 4, 2017 from 4:30pm – 7:30pm. There will be a parade, visit with Santa, many businesses will be open – please stop by and see what they have to offer.  Also the Festival of Trees at the Warren Community Building.

 

Title XV Land Usage

 TITLE XV:  LAND USAGE

 Chapter

            150.      SUBDIVISIONS

APPENDIX:  MINIMUM STANDARDS FOR STREET

  DESIGN

 

           151.      ZONING

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                  1

 

2 Warren – Land Usage

 

   CHAPTER 150:  SUBDIVISIONS

 

 

Section

 

General Provisions

 

150.01  Purpose

150.02  Scope

150.03  Administering agency

150.04  Incorporation of state provisions

150.05  Rules of interpretation; definitions

 

Procedure for Approval

 

150.15  Procedure

150.16  Tentative plat

150.17  Performance bond

 

Design Standards

 

150.30  Generally

150.31  Streets

150.32  Alleys

150.33  Easements

150.34  Blocks

150.35  Lots

150.36  Building setback lines

150.37  Public sites

 

Required Land Improvements

 

150.50  Generally

150.51  Sewers and water mains

150.52  Street improvements

150.53  Public utilities

150.54  Street lighting and marking

150.55  Water

150.56      Wind powered generating facilities standards

 

 

                  3

 

2005 S-3

 

4 Warren – Land Usage

 

 

Plats and Data

 

150.65  Approval for preliminary plat

150.66  Approval for final plat

 

Administration and Enforcement

 

150.80  Variations and exceptions

150.81  Fees

150.82  Removal of landmarks

 

150.99  Penalty

Appendix: Minimum Standards for Street Design

 

 

 

GENERAL PROVISIONS

 

 

 150.01  PURPOSE.

 

The purpose of this chapter shall be the protection of the public health, safety and welfare and the accomplishment of a permanently wholesome community environment, adequate municipal services and safe streets.

(>87 Code, ‘ 25.5‑1)

 

 

 150.02  SCOPE.

 

(A) This chapter shall not apply to any part of a subdivision created and recorded prior to the effective date of this chapter, nor shall it repeal, abrogate, annul or impair other laws or ordinances, except those specifically repealed by this chapter, private restrictions placed upon property by deed, covenant or other private agreement or restrictive covenants running with the land to which the village is a party.  Where this chapter imposes a greater restriction upon land than is imposed by other provisions of law, ordinance, contract or deed, the provisions of this chapter shall control.

 

(B)  No person shall subdivide any tract of land which is located within the village or in any unincorporated area which is located entirely or in part within _ mile of the nearest limit of the village, except in conformity with the provisions of this chapter.

 

(C)  The subdivision plans and plats, proposed improvements to be installed, and all procedures relating thereto, shall in all respects be in full compliance with regulations herein.

(>87 Code, ‘ 25.5‑2)

 

  Subdivisions                  5

 

 

 150.03  ADMINISTERING AGENCY.

 

The provisions of this chapter shall be administered by the Board of Trustees of the village or an agency that the village appoints.

(>87 Code, ‘ 25.5‑3)

 

 

 150.04  INCORPORATION OF STATE PROVISIONS.

 

(A) The village hereby incorporates all the laws of the state pertinent to the village until plats and plans for the subdivision are approved.

 

(1)      No land shall be subdivided, nor any street laid out, nor any improvements made to the natural land.

 

(2)      No lot, tract or parcel of land within any subdivision shall be offered for sale nor shall any sale, contract for sale or option be made or given.

 

(3)      No improvements such as sidewalks, water supply, stormwater drainage, sanitary sewerage facilities, gas service, electrical service, lighting, grading, paving or surfacing of streets shall hereafter be made by any owner or owners or his, her or their agent, or by any public service corporation at the request of the owner or owners or his, her or their agent.

 

(4)      Lots subject to flooding and lots deemed by the village to be uninhabitable shall not be platted for residential occupancy nor for other uses as may increase danger to health, life or property or aggravate the flood hazard.  The land within the plat shall be set aside for the uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions.

 

(B)  All offerings or dedications of land to the village for uses as streets, alleys, highways, schools, parks, playgrounds or other public use shall be referred to the Village Board of Trustees for review and recommendation before being accepted.

(>87 Code, ‘ 25.5‑4)

 

 

 150.05  RULES OF INTERPRETATION; DEFINITIONS.

 

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

ALLEYS.  A public right-of-way primarily for vehicular traffic along the side or in the rear of properties which affords only a secondary means of access to abutting properties.

 

6 Warren – Land Usage

 

 

BLOCK.  A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right-of-way, bulkhead lines, shore lines, waterways, corporate boundary lines of waterways or corporate boundary lines of the village.

 

BUILDING.  Any structure designed, built, or intended for the shelter, enclosure or protection of persons, animals, chattels or movable property of any kind.

 

BUILDING SETBACK LINE.  A line within a lot or other parcel of land, so designated on the plats of the proposed subdivision, between which line and the adjacent boundary of the street upon which the lot abuts the erection of a building is prohibited.

 

CROSSWALK.  A public right-of-way located across a block to provide pedestrian access to adjacent streets or alleys.

 

CUL-DE-SAC.  A minor street having one open end and being permanently terminated by a vehicle turnaround.

 

EASEMENT.  A grant by a property owner for the use of a strip of land by the general public, a corporation or a certain person or persons for a specific purpose or purposes.

 

FINANCIAL ASSURANCE. Reasonable assurance from a credit worth party, example of which include a surety bond, trust instrument, cash escrow, or irrevocable letter of credit.

 

HIGHWAY.  A right-of-way for vehicular traffic which transverses a non-urban area, usually a state or federal numbered route.

 

LOT.  A portion of a subdivision or other parcel of land intended for transfer of ownership or for building development.

 

OFFICIAL MAP.  A drawing now or hereafter adopted by the Village Board of Trustees, which represents, to scale, the jurisdictional area over which the village exercises subdivision jurisdiction, and which sets forth the location alignment and classification of existing and proposed major public streets and highways and the location of existing and proposed public schools, parks and other public grounds.

 

OFFICIAL MAP ORDINANCE.  An ordinance, now or hereafter adopted by the Village Board of Trustees, which includes in part the official map and a set of specifically stated standard requirements of the village relating to size of streets, alleys, public ways, parks, playgrounds, school sites, other public grounds and way for public service facilities; the kind and quantity of materials which shall be used in the construction of streets and alleys; and the kind and quality of materials for public service facilities as may be consistent with the State Commerce Commission or industry standards and containing the standards required for drainage and sanitary sewers and collection and treatment of sewage.

 

PARKWAY.  A route intended to be used primarily by passenger vehicles and whose right-of-way is or is intended to be developed in a park-like character.

 

 

2005 S-3

 

  Subdivisions                  7

 

 

PLAN.  A plan, plat, map, drawing or chart on which the subdivider=s plan for the subdivision of land is presented and which he or she submits for approval.

 

PLAT, FINAL.  The drawings and documents presented for final approval.

 

PLAT, PRELIMINARY.  The drawings and documents presented for tentative approval.

 

PRIMARY STRUCTURE.  For each property, the structure that one of more persons occupy the majority of time on that property for either business or personal reasons. PRIMARY STRUCTURE includes structures such as residences, commercial buildings, hospitals, and day care facilities. PRIMARY STRUCTURE excludes structures such as hunting sheds, storage sheds, pool house, unattached garages and barns.

 

PROFESSIONAL ENGINEER.  A qualified individual who is licensed as a professional engineer in a state in the United States and authorized to practice in the State of Illinois.

 

ROADWAY.  The paved area within a street right-of-way intended for vehicular traffic, including all curb and gutter facilities.

 

STREET.  An area which primarily serves or is intended to serve as a vehicular and pedestrian access to abutting lands or to other streets.  The word STREET refers to the right-of-way or easement, whether public or private, and not to the roadway or paving or other improvement within the street right-of-way.

 

STREET, APPROVED.  Any street, whether public or private, meeting standards of our subdivision.

 

STREET, MARGINAL ACCESS.  A minor street which is parallel and adjacent to highways and primary thoroughfares and which provides access to abutting properties and protection to local traffic from fast, through-moving traffic on the highways and primary thoroughfares.

 

STREET, MINOR.  A street intended primarily as access to abutting properties.

 

STREET, PRIMARY.  A street of considerable continuity which serves or is intended to serve as a major traffic artery connecting large areas.

 

STREET, PRIVATE.  Any street which is under the jurisdiction of an individual, corporation, trustee or any street which is privately owned or established.

 

STREET, PUBLIC.  Any primary or secondary thoroughfare or minor street which is shown on the subdivision plat and is or is to be dedicated for public use.

 

STREET, SECONDARY OR COLLECTOR.  A street which carries traffic from minor streets to the primary street system, including the principal entrance streets of residence development and streets for circulation within the development.

 

2005 S-3

 

8 Warren – Land Usage

 

 

STREET WIDTH.  The shortest distance between lines of lots delineating the public street.

 

SUBDIVIDER.  The person or persons responsible for preparing and recording the plats of the subdivision and for carrying out all appropriate requirements relating thereto as outlined in this chapter.

 

SUBDIVISION.  The division of land into two or more parts, any of which is less than five acres, for the purpose, whether immediate or future or transfer of ownership or building development, including all public streets, alleys, ways for public service facilities, parks, playgrounds, school grounds or other public grounds, and all the tracts, parcels, lots or blocks, and numbering of all lots, blocks or parcels by progressive numbers, giving their precise dimensions.  The following shall not be considered a SUBDIVISION and shall be exempt from the requirements herein:

 

(1)      The division or subdivision of land into parcels or tracts of five acres or more in size which does not involve any new streets or easements of access;

 

(2)      The division of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access, provided further that the width of the lot at the building setback line will not be less than that of other recorded lots fronting on the same street within the same block;

 

(3)      The sale or exchange of parcels of land between owners of adjoining and contiguous land;

 

(4)      The conveyance of parcels of land or interests therein for use as right-of-way for railroads or other public utility facilities which does not involve any new streets or easements of access;

 

(5)      The conveyance of land owned by railroad or other public utility which does not involve any new streets or easements of access;

 

(6)      The conveyance of land for highway or other public purposes or grants of conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use; and/or

 

(7)      Conveyances made to correct descriptions in prior conveyances.

 

WIND POWERED GENERATING FACILITIES (WPGF).  All necessary devices that together convert wind energy into electricity, including the rotor, nacelle, generator, WPGF tower, electrical components, WPGF foundation, transformer, and electrical cabling from the WPGF tower to the substation(s).

 

(1)      WPGF APPLICANT.  The entity of person who submits to the village, pursuant to the provisions of this chapter, an application for the siting of any WPGF substation or structure.

 

 

(2)      WPGF OPERATOR.  The entity responsible for the day‑to‑day operation and maintenance of the WPGF, including any third party subcontractors.

 

 

2005 S-3

 

  Subdivisions               8A

 

 

(3)      WPGF OWNER.  The entity or entities with an equity interest in the WPGF(s), including their respective successors and assigns. Owner does not mean the property owner from whom land is leased for locating the WPGF:

 

(a)   Unless the property owner has an equity interest in the WPGF(s); or

 

(b)   Any person holding a security interest in the WPGF(s) solely to secure an extension of credit, or a person foreclosing on such security interest provided that after foreclosure, such person seeks to sell the WPGF(s) at the earliest practicable date.

 

(4)      WPGF PROJECT. The collection of WPGF’s and substations as specified in the siting approval application pursuant to the provisions contained in this chapter.

 

(5)      WPGF SUBSTATION. The apparatus that connects the electrical collection system of the WPGF(s) and increases the voltage for connection with the utility’s transmission lines or regulates the voltage for on‑site usage.

 

(6)      WPGF TOWER. The support structure to which the nacelle and rotor are attached.

 

(7)      WPGF TOWER HEIGHT. The distance from the rotor blade at its highest point to the top surface of the WPGF foundation.

(>87 Code, ‘ 25.5‑5)  (Ord. passed 2-14-05)

 

 

 

PROCEDURE FOR APPROVAL

 

 

 150.15  PROCEDURE.

 

Any owner of land which is within the corporate limits of the village or within _ mile of the corporate limits wishing to divide the same into building lots for the purposes of sale or assessment, or both, or wishing to dedicate streets, alleys or other lands for public use, shall follow the procedures and requirements of this chapter.

(>87 Code, ‘ 25.5‑13)

 

 

 

 

 

 

 

 

 

 

2005 S-3

 

8B Warren – Land Usage

 

  Subdivisions                  9

 

 

 150.16  TENTATIVE PLAT.

 

(A) Prior to making a subdivision of tract or parcel of land, there shall be filed with the Village Clerk a tentative plat in duplicate.  This tentative plat shall be in compliance with the following requirements.

 

(1)      Each plat shall be drawn to a scale of 200 feet to an inch.  Variations in scale may be made, however, where necessary for a proper exhibit of a subdivision.

 

(2)      All section lines, water courses and other existing features pertinent to a proper subdivision shall be shown.

 

(3)      Width of existing road; streets with their names; alleys; lots; easements; building lines on property proposed to be subdivided and full width of intersecting streets in property adjacent with their names; the location of existing highways or streets in the subdivision, which may be separated by intervening property, shall be shown.

 

(4)      Name of proposed subdivision and name of owner or trustee as owner or name of sponsor for the plat shall be shown.  A brief description as to location shall be shown as part of the title.

 

(5)      Names of all adjoining subdivisions shall be included and adjoining property not subdivided shall be marked Anot subdivided.@

 

(6)      Where topography has significant bearing upon or controls layouts or utility, contour lines at not greater than five-foot intervals shall be shown on the tentative plat.

 

(B)  (1)      The Village Clerk shall refer the tentative plats to the proper official designated by the President and Board of Trustees to act as examiner of plats, who shall examine the same for conformity with the provisions of these regulations.  If approved, this notation shall be made on each copy of the plats.  If not approved, the points of conflict with these regulations shall be noted on each copy of the plats.

 

(2)      One copy of the plat in each case will then be returned to the subdivider and the other copy shall be retained by the village.

 

(C)  The following qualifications shall govern approval of the preliminary plate.

 

(1)      The approval of preliminary plat by the Village Board of Trustees is tentative only, involving merely the general acceptability of the layout as submitted.

 

(2)  The Village Board of Trustees may require changes or revisions as are deemed necessary in the interests of the needs of the community.

 

10 Warren – Land Usage

 

 

(3)      Approval of the preliminary plat shall be effective for a maximum period of one year unless, upon application of developer, the Village Board of Trustees grants an extension.

(>87 Code, ‘ 25.5‑14)

 

 

 150.17  PERFORMANCE BOND.

 

Before consideration of the whole or a geographical part of a final plat by the Village Board of Trustees, all improvements required by ‘ 150.15 for the part considered shall have been constructed, or in lieu thereof, a performance bond furnished.

(>87 Code, ‘ 25.5‑15)

 

 

 

DESIGN STANDARDS

 

 

 150.30  GENERALLY.

 

The subdivision of land, including the arrangement, character, extent, width, grade and location of all playgrounds, schools or other land to be dedicated for public use shall be controlled by the Village Board of Trustees.

(>87 Code, ‘ 25.5‑19)

 

 

 150.31  STREETS.

 

(A) All streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their relation to the proposed uses of the land to be served by the streets.

 

(B)      Where such is not shown on the official map, the arrangement of streets in a subdivision shall provide for the continuation of appropriate projection of existing principal streets in surrounding areas.

 

(C)      Minor streets shall be so laid out that their use by through traffic will be discouraged.

 

(D) Where a subdivision abuts or contains an existing or proposed highway or primary thoroughfare, as shown on the official map, the Village Board of Trustees may require marginal access streets; reverse frontage with screen planting contained in a non-access reservation, at least ten feet wide, along the rear property line, deep lots with rear service alleys; or other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

 

  Subdivisions                11

 

 

(E)      Where a subdivision borders on or contains a railroad or highway, the Village Board of Trustees may require a street approximately parallel to and on each side of the railroad or highway, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts.  The distances shall also be determined with the regard for the requirements of approach grades and future grade separations.

 

(F)      Reserve strips controlling access to public utilities, alleys or streets shall be prohibited.

 

(G) All street intersections and confluences shall encourage safe traffic flow.

 

(H) Street jogs with centerline offset of less than 125 feet shall be avoided.

 

(I)      Tangents shall be introduced between reverse curves on all streets.

 

(J)   When connecting street lines deflect from each other at one point by more than ten degrees, they shall be connected by a curve with a radius adequate to insure clear sight distances.

 

(K)      Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than 60 degrees.

 

(L)  (1)      No street names shall be used which will duplicate or be confused with the names of existing streets.

 

(2)      Existing street names shall be projected wherever possible.  Street names shall be subject to the approval of the Village Board of Trustees.

 

      (M) Street gradients and vertical curves shall be as specified in the appendix to this chapter.

 

(N) Street grades shall provide proper relation between the street and the first floor elevation of the houses or buildings to permit convenient and economical access to and drainage of the lots.

(>87 Code, ‘ 25.5‑19)

 

 

 150.32  ALLEYS.

 

(A)      Alleys shall be provided in commercial, business and industrial districts, except that the Village Board of Trustees may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading and parking, consistent with and adequate for the uses proposed.

 

(B)  Alleys in residential areas shall not be permitted, except where deemed necessary and on the recommendation of the Village Board of Trustees.

 

12 Warren – Land Usage

 

 

(C)  The width of an alley, where permitted or required, shall be 20 feet in residential areas and 30 feet in commercial, business and industrial districts.

 

(D) Alley intersections and sharp changes in alley alignment shall be avoided, but where necessary, corners may be cut off sufficiently to permit safe vehicular movement.

 

(E)      Dead-end alleys shall be avoided where possible, but if unavoidable, they shall be provided with adequate facilities at the dead-end, as determined by the Village Board of Trustees.

(>87 Code, ‘ 25.5‑19)

 

 

 150.33  EASEMENTS.

 

(A)      Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least 20 feet wide.

 

(B)      Easements shall be designed to provide continuity from block to block.

 

(C)      Where a subdivision is traversed by a water course, drainage-way, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the line of the water course and shall include further width or construction, or both, as will be adequate for the purpose and as determined by the Village Board of Trustees.  Parallel streets or parkways may be required in connection therewith.

(>87 Code, ‘ 25.5‑19)

 

 

 150.34  BLOCKS.

 

(A) The lengths, width and shapes of blocks shall be determined with due regard to:

 

(1)      Zoning requirements as to lot sizes and dimensions within the corporate limits of the village and the _ mile area over which the village has jurisdiction;

 

(2)      Needs for convenient access, circulation, control and safety of street traffic; and

 

(3)      Limitations and opportunities of topography.

 

(B)  Block lengths shall not exceed 1,500 feet or be less than 600 feet.

 

(C)  Pedestrian crosswalks not less than ten feet wide shall be required where deemed necessary by the Village Board of Trustees to provide for pedestrian circulation or access to playgrounds, schools, shopping centers, transportation and other community facilities.

 

  Subdivisions                13

 

 

(D)      Blocks or portions thereof intended for commercial or industrial use shall be designated as such and the plat shall show adequate off-street areas to provide for parking, unloading docks and other facilities.

(>87 Code, ‘ 25.5‑19)

 

 

 150.35  LOTS.

 

(A) The lot size, width, depth, shape and orientation shall be appropriate for the location of the subdivision and for the type of development and use contemplated and shall conform to all requirements of the zoning districts.  All lots shall be served by sanitary sewer and water.  All lots not served by sanitary sewer and water not reasonably available may be waived.  All lots are required to hook on where a sanitary sewer is within 200 feet of the property line.

 

(B)  Lot dimensions and areas shall conform to the requirements of zoning districts.  However, in no case shall a subdivision be approved with lots for residential purposes of less than 6,000 square feet and a minimum width of 50 feet at the building line.

 

(C)  All remnants of lots below minimum size, left over after subdividing of a larger tract, shall be added to adjacent lots, and not allowed to remain.

 

(1)      The performance bond shall be in an amount equal to the estimated cost of all improvements, plus 10%, and shall be conditioned upon the full and complete performance by the subdivider, by a date set in the bond, of all the obligations, terms and conditions, including the construction and installation of all improvements, undertaken by the subdivider or required by this code or by federal or state law, which obligations, terms and conditions shall be set forth in the bond.

 

(2)      For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

ESTIMATED COST OF ALL IMPROVEMENTS.  The estimate of the engineering firm designated by the village, or the contract bid price as submitted to the subdivider by a reputable contractor, of the total cost of full and complete performance of the obligations, terms and conditions set forth in the bond.

 

(D) The security for the bond shall be, in the alternative, either cash, a corporate surety duly licensed to do business in the state, or two individual sureties, each of whom shall submit satisfactory proof that he or she is the then fee simple owner of unencumbered real estate situated in the county then fair market value of double the amount of the bond.  If cash security is given, it shall be deposited in escrow with an agreement which shall be expressly conditioned upon and subject to all of the terms of the bond.  In case of cash security, the Village Board of Trustees, in its sole discretion, by resolution, may, from time to time as the subdivider proceeds with performance of the obligations, terms and conditions of the bond, release to the subdivider a proportionate part of the cash security.

 

14 Warren – Land Usage

 

 

(E)  In the case of individual sureties, the Village Board of Trustees may record the bond, or a notice of lien, in the County Recorder=s Office.

 

(F)  All costs and expenses, including escrow fees, bond premiums and recording and filing fees, shall be paid by the subdivider and the Village Board of Trustees may provide that the subdivider deposit in advance a reasonable sum to apply on the costs and expenses.

 

(G) All performance bonds shall be subject to approval as to form, content, substance, amount, security, obligations, terms and conditions by the Village Board of Trustees by resolutions, and may be substantially in the form as set by the Village Board.

 

(H) In the event the conditions of the bond are not performed, the Board of Trustees may proceed with the performance and hold the subdivider and the surety responsible for the cost and expense.

(>87 Code, ‘ 25.5‑19)

 

 

 150.36  BUILDING SETBACK LINES.

 

Building setback lines in residential areas of new subdivisions shall conform to the front yard provisions of Ch. 151 of this code of ordinances, except that in no case shall the building setback line be less than 25 feet from the front property line.

(>87 Code, ‘ 25.5‑19)

 

 

 150.37  PUBLIC SITES.

 

(A)      Where a proposed park, playground, school or other public use shown in the village plat of the village, approved by the Village Board of Trustees and adopted now or hereafter by the Village Board of Trustees as a part of the official map and official map ordinance, is located in whole or in part within a subdivision, the subdivided shall reserve, or may dedicate, adequate space for the purpose when the Village Board of Trustees finds the requirements to be reasonably necessary to the public health and welfare.

 

(B)  The dedication of public spaces, as provided above, shall not constitute an acceptance of the dedication by the village.

 

(C)  Whenever a school site, park site or other public land is reserved in a final plan, the corporate authorities having jurisdiction of the use, be it the village, School Board, Park Board or other authority, shall acquire the land so reserved by purchase, or shall commence condemnation proceedings to acquire the land, within one year from the date of final approval of the plan by the Village Board of Trustees.

 

  Subdivisions                15

 

 

(D) In the event the corporate authority does not take action within the period the land so reserved may thereafter be used by the owners thereof in any other manner consistent with the provisions of the official map, the official map ordinance and village municipal code.

(>87 Code, ‘ 25.5‑19)

 

 

 

REQUIRED LAND IMPROVEMENTS

 

 

 150.50  GENERALLY.

 

No subdivision of land shall be approved without receiving a statement signed by the Village Board of Trustees, certifying that the improvement described in the subdivider=s plats and specifications, together with agreements, meet the minimum requirements of all ordinances of the village and that they comply with the following provisions.

(>87 Code, ‘ 25.5‑26)

 

 

 150.51  SEWERS AND WATER MAINS.

 

(A)      Sanitary sewers shall be installed to comply with the regulations and specifications of the State Sanitary Water Board and the village.

 

(B)  All new subdivisions shall be supplied with central water and sewer facilities when conditions affecting the subject property result in one of the following determinations:

 

(1)      Water and sanitary sewer connections are reasonably available to the proposed lots from existing mains;

 

(2)      Existing water mains of the village are within 1,200 feet of the subdivision;

 

(3)      Existing sanitary sewers are within 1,200 feet which may be connected to the system within the subdivision by gravity sewers;

 

(4)      Determination has been made by the Village Board of Trustees that an interim central water supply and/or sewage disposal facility is necessary pending future extension of water and sewer lines; or

 

(5)      A well serving two to nine lots shall be unacceptable as a central water supply system.

 

(C)  In all cases where private central sanitary sewer systems are to be used, the developer shall secure the necessary permit for installation and operation of the system from the State Sanitary Water Board and the village.

 

16 Warren – Land Usage

 

 

(1)      A subdivision plat shall, in no case, be approved which shall be dependent upon individual septic tanks unless same are properly installed according to official specification of the County Public Health Department, and where lots therein contain not less than 20,000 square feet each.  Where either community sewers and sewage treatment or community water supply is provided to lot area may be reduced to 10,000 square feet.  Not more than one dwelling shall be connected to a septic system.

 

(2)      Storm sewers shall be constructed throughout the entire subdivision which shall be separate and independent of the sanitary sewer system and which shall provide an adequate outlet or connection with the storm sewer system of the village.  No storm sewers shall be connected to the sanitary sewer system.  When storm sewers are not installed, adequate facilities for the removal of surface water shall be provided throughout the entire subdivision which meet with the approval of the Village Board of Trustees.

(>87 Code, ‘ 25.5‑26)

 

 

 150.52  STREET IMPROVEMENTS.

 

Street improvements shall be in accordance with the appendix to this chapter and as follows.

 

(A) All work and all materials used in street improvements shall meet the requirements of the current Standard Specifications for Road and Bridge Construction of the State Department of Public Works and Buildings, Division of Highways.

 

(B)  All streets shall be improved with roadways bounded by Portland cement concrete curbs and gutters in accordance with the specifications established by the village and approved by the Village Board of Trustees.  However, in subdivisions for single-family dwellings with lot areas of not less than 20,000 square feet, the installation of concrete curbs and gutters may be waived.

 

(C)  Curb radii for minor-streets and culs-de-sac at street intersections shall be not less than 15 feet and on secondary and primary thoroughfares the curb radii shall be not less than 20 feet.

 

(D)      Monuments shall be placed at all corners and angle points of the outside boundary.  The monuments shall be of concrete, not less than 6 inches in diameter and 36 inches deep, with a center copper dowel three inches long cast in place.  Iron pipe or steel bars not less than _ inch in diameter and 24 inches long shall be set at the intersection of the street centerlines and at all corners of lots not marked by monuments.  Monuments and markers shall be set level with finished grade.

(>87 Code, ‘ 25.5‑26)

 

 

 150.53  PUBLIC UTILITIES.

 

(A) All utility lines for telephone and electric service shall be placed in easements when carried on overhead poles.

 

  Subdivisions                17

 

 

(B)      Where telephone and electric service lines and gas lines are placed underground entirely throughout a subdivided area, the conduits or cables shall be placed within easements or dedicated public ways, in a manner which will not conflict with other underground services.  Further, all transformer boxes shall be located so as not to be unsightly or hazardous to the public.

(>87 Code, ‘ 25.5‑26)

 

 

 150.54  STREET LIGHTING AND MARKING.

 

Provisions and installation shall be made for the adequate lighting and name markers of public streets within the proposed subdivision in accordance with the standards and requirements established by the Village Board of Trustees.  However, in subdivisions for single-family dwellings, individual private yard lights may be installed in the front yard of each lot in lieu of public street lights.  The owners covenant that the yard lights shall be kept lighted during the same hours as the public streets lights are lighted.

(>87 Code, ‘ 25.5‑26)

 

 

 150.55  WATER.

 

(A) When required by the Village Board of Trustees, water mains to furnish village water shall be constructed throughout the entire subdivision and the mains, hydrants, fitting and method of construction shall be in accordance with requirements of the village.

 

(B)      Water stubs shall be provided for each lot within a residential subdivision.

(>87 Code, ‘ 25.5‑26)

 

 

 150.56  WIND POWERED GENERATING FACILITIES STANDARDS.

 

(A)      Applicability.  This section governs the siting of WPGFs and substations that generate electricity to be used on site, sold to the wholesale or retail market.

 

(B)      Prohibition.  No WPGF or substation governed by the provisions of this section shall be constructed, erected, installed or located within the limits of the village unless prior siting approval has been obtained for each WPGF and substation pursuant to this section.

 

(C)  Siting approval application.

 

(1)      To obtain siting approval, the applicant must first submit a siting approval application to the village.

 

(2)      The siting approval application shall contain or be accompanied by the following information:

 

 

2005 S-3

 

18 Warren – Land Usage

 

 

(a)   A WPGF Project Summary, including to the extent available:

 

1.     A general description of the project, including its approximate name plate generating capacity; the potential equipment manufacturer(s), type of WPGF; maximum height of the project; and

 

2.     A description of the applicant, owner and operator, including their respective business structures.

 

(b)   The name(s), address(es), and phone number(s) of the applicant(s), owner and operator, and all property owners.

 

(c)   A site plan for the installation of the WPGF(s) showing the planned location of each tower, guy lines and anchor bases (if any), primary structures, property lines (including identification of adjoining properties), setback lines, public access roads, substations, ancillary equipment, third party transmission lines, and layout of all structures within the geographical boundaries of any applicable setback;

 

(d)   All required studies, reports, certifications, and approvals demonstrating compliance with this section; and

 

(e)   Any other information normally required by the village as part of its zoning and other applicable ordinances.

 

(3)      The applicant shall notify the village or any changes to the information provided above that occurs while the siting application is pending.

 

(D)      Design and installation.

 

(1)      Design safety certification:

 

(a)   WPGF(s) shall conform to applicable industry standards, including those of the American National Standards Institute (“ANSI”). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (“UL”), Det Norske Vertas (“DNV” ), Germanischer Lloyd Wind Energie (“GL”), or an equivalent third party.

 

(b)   Following the granting of siting approval under this section, a professional engineer shall certify, as part of the building permit application, that the foundation and tower design of the WPGF is within generally accepted professional standards given local soil and climate conditions.

 

(2)      Controls and brakes.  All WPGF shall be equipped with a redundant braking system. This includes both aerodynamic over‑speed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail‑safe mode. Stall regulation shall not be considered a sufficient braking system for over‑speed protection.

 

 

 

2005 S-3

 

  Subdivisions              18A

 

 

(3)      Electrical components.  All electrical components of the WPGF shall conform to applicable local, state and national codes, and relevant national and international standards (e.g. ANSI and International Electrical Commission).

 

(4)      Color.  Towers and blades shall be painted white or gray or another non‑reflective, unobtrusive color.

 

(5)      Compliance with the Federal Aviation Administration.  The applicant for the WPGF shall comply with all applicable FAA requirements.

 

(6)      Warnings:

 

(a)   A reasonably visible warning sign concerning voltage must be placed at the base of all pad‑mounted transformers and substations.

 

(b)   Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 15 feet from the ground.

 

(7)      Climb protection.  All WPGF towers must be unable to be climbed by unauthorized persons either by design or by anti‑climbing devices.

 

(8)      Setbacks:

 

(a)   All WPGF towers shall be set back at least 500 feet from any primary structure. The distance for the above setback shall be measured from the point of the primary structure foundation closest to the WPGF tower to the center of the WPGF foundation. The owner of the primary structure may waive this setback requirement; but in no case shall a WPGF tower be located closer to a primary structure than 1.10 times the WPGF tower height.

 

(b)   All WPGF towers shall be set back a distance of at least 1.10 times the WPGF tower height from public roads, streets, alleys, power transmission lines and communication towers. The village may waive this setback requirement if the waiver would not be detrimental to public safety.

 

(c)   All WPGF towers shall be set back a distance of at least 1.10 times the WPGF tower height from adjacent property lines. The affected adjacent property owner may waive this setback requirement.

 

(d)   The applicant does not need to obtain a variance from the village upon waiver by either the village or property owner of any of the above setback requirements. Any waiver of any of the above setback requirements shall run with the land and be recorded as part of the chain of title in the deed of the subject property.

 

(9)      Compliance with additional regulations.  Nothing in this section is intended to preempt other applicable state and federal regulations.

 

 

 

2005 S-3

 

18B Warren – Land Usage

 

 

(10)      Use of streets and weight limits.  An applicant, owner or operator must obtain any applicable size and weight permit from the state, county or village.

 

(E)      Operation.

 

(1)      Maintenance:

 

(a)   The owner or operator of the WPGF must submit such operation and maintenance reports as the village reasonably requests.

 

(b)   Any physical modification of the WPGF that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification under division (D). Like kind replacements shall not require re‑certification.

 

(2)      Interference:

 

(a)   The applicant shall provide the applicable microwave transmission providers and local police and emergency service provider(s) (911 operators) copies of the project summary and site plan. To the extent that the above providers demonstrate a likelihood of interference with its communications resulting from the WPGF, the applicant shall take reasonable measures to mitigate such anticipated interference. If after construction of the WPGF, the owner or operator receives a written complaint related to the above‑mentioned interference, the owner or operator shall take reasonable steps to respond to the complaint.

 

(b)   If, after construction of the WPGF, the owner or operator receives a written complaint related to interference with local broadcast residential television, the owner or operator shall take reasonable steps to respond to the complaint.

 

(3)      Coordination with local fire department:

 

(a)   The applicant, owner or operator shall submit to the Warren Fire Department a copy of the site plan.

 

(b)   Upon request by the local fire department, the owner or operator shall cooperate with the Warren Fire Department to develop the fire department’s emergency response plan.

 

(c)   Nothing in this division shall alleviate the need to comply with all other applicable fire laws and regulations.

 

(d)   Upon request by the Warren Fire Department, the owner or operator shall on a yearly basis, participate in High Angle Rescue using a WPGF tower.

 

(4)      Materials handling, storage and disposal:

 

 

 

2005 S-3

 

  Subdivisions              18C

 

 

(a)   All solid wastes related to the construction, operation and maintenance of the WPGF shall be removed from the site promptly and disposed of in accordance with all federal, state and local laws and regulations.

 

(b)   All hazardous materials related to the construction, operation and maintenance of the WPGF shall be handled, stored, transported and disposed of in accordance with all applicable local, state and federal laws and regulations

 

(F)  Noise levels.  Noise levels from each WPGF project or unit shall be in compliance with applicable Illinois Pollution Control Board (IPCB) regulations. The applicant, thorough the use of a qualified professional, as part of the siting approval application process, shall appropriately demonstrate compliance with the above noise regulations.

 

(G)      Birds.  A qualified professional, such as an ornithologist or wildlife biologist, shall conduct an avian habitat study, as part of the siting application process to determine if the installation of the WPGF will have a substantial adverse impact on birds.

 

(H)      Public participation.  Nothing in this section is meant to augment or diminish existing opportunities for public participation.

 

(I)      Liability insurance.  The owner or operator of the WPGF(s) shall maintain a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate.

 

(J)      Decommissioning plan.  Prior to receiving site approval under this section, the applicant, owner and/or operator must formulate a Decommissioning Plan to ensure that the WPGF Project is properly decommissioned. The Decommissioning Plan shall include:

 

(1)      Provisions describing the triggering events for decommissioning the WPGF project;

 

(2)      Provisions for the removal of structures, debris and cabling, including those below the soil surface;

 

(3)      Provisions for the restoration of the soil and vegetation;

 

(4)      An estimate for the decommissioning costs certified by a professional engineer;

 

(5)      Financial assurance secured by the owner/operator, for the purpose of adequately performing the decommissioning, in an amount equal to the professional engineer’s certified estimate of the decommissioning costs;

 

(6)      Identification of and procedures for village access to financial assurances;

 

 

 

2005 S-3

 

18D Warren – Land Usage

 

 

(7)      A provision that the terms of the Decommissioning Plan shall be binding upon the owner or operator and any of their successors, assigns or heirs.

 

(K)      Remedies.

 

(1)      The applicant’s, owner’s, or operator’s failure to materially comply with any of the above provisions shall constitute a default under this section.

 

(2)      Prior to the implementation of penalties for default, the owner or operator shall be given written notice of the default and given a reasonable time not to exceed 45 days to remedy the default.

 

(3)  If the default is not remedied, the owner shall be in violation of this section and shall remove the WPGF and restore the soil and vegetation to as good a condition as existed before the project. The removal shall be completed within 60 days of the notification of violation.

 

(4)  If the project and structures are not removed within the above‑time limit, the owner or operator may be subject to such injunctive or other relief as may be ordered by a court of competent jurisdiction.

(Ord. passed 2-14-05)

 

 

PLATS AND DATA

 

 

 150.65  APPROVAL FOR PRELIMINARY PLAT.

 

(A)      Topographic data required as a basis for the preliminary plat below shall include existing conditions as follows, except when otherwise specified by the Board of Trustees of the village:

 

(1)      Boundary lines:  bearings and distances;

 

(2)      Easements:  location, width and purpose;

 

(3)      Streets on and adjacent to the tract:  name and right-of-way width and location; type, width and elevation of surfacing: any legally established centerline elevations: walks, curbs, gutters, culverts and the like;

 

(4)      Utilities on and adjacent to the tract:  location and size of sanitary storm and combined sewers; location and size of water mains.  If water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to and to sizes of nearest usable facilities;

 

(5)      The preliminary plat of subdivision shall be accompanied by:

 

 

 

2005 S-3

 

  Subdivisions              18E

 

 

(a)   A statement that the proposed subdivision, where contiguous, is or is not to be annexed to the village; and

 

(b)   Either a preliminary plat for sewer, water and storm sewers or a written statement setting forth general plans for the improvements and indicating the method to be employed to overcome particular problems that may be encountered with the development of the proposed subdivision.

 

(6)      Other conditions of the tract:  water courses, marshes, rock outcrop, wooded areas, isolated preservable trees one foot or more in diameter, houses, barns, shacks and other significant features;

 

(7)      Other conditions on adjacent land:  approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of buildings, railroads, power lines, towers and other nearby nonresidential land uses or adverse influences; and owners of adjacent unplatted land, for adjacent platted land refer to subdivision plat by name, recording date and number and show approximate percent built-up, typical lot size and dwelling type;

 

(8)      Photographs, if required by the Village Board of Trustees:  camera locations, directions of views and key numbers;

 

(9)      Proposed public improvements:  highways or other major improvements planned by public authorities for future construction on or near the tract;

 

    (10)      Key plan, showing location of the tract; and

 

    (11)      Title and certificates:  present tract designation according to official records in Offices of the County Recorder; title under which proposed subdivisions is to be recorded, with names and addresses of owners, notation stating acreage, scale and north arrow.

 

(B)  The preliminary plat shall be at a scale not smaller than 100 feet to 1 inch, or, if the area of the subdivision is more than 200 acres, 200 feet to the inch.  It shall show all existing conditions required herein, topographic data and shall show all proposals including the following:

 

(1)      Streets:  names, right-of-way and roadway widths, approximate grades and gradients, similar data for alleys, if any;

 

(2)      Other right-of-way or easements:  location, width and purpose;

 

 

 

 

 

 

 

 

 

 

2005 S-3

 

18F Warren – Land Usage

 

  Subdivisions                19

 

 

(3)      Location of utilities, if not shown on other exhibits;

 

(4)      Lot lines, lot dimension, lot numbers and block numbers;

 

(5)      Site, if any, to be reserved or dedicated for parks, schools, playgrounds or other public uses;

 

(6)      Sites, if any, for multiple-family dwellings, shopping center, churches, industry or other non-public uses exclusive of single-family dwellings;

 

(7)      Proposed building setback lines;

 

(8)      Site data, including number of residential lots, typical lot size, acres in parks and the like;

 

(9)      Proposed name of the subdivision, which shall avoid duplication or similarity to existing subdivision names;

 

    (10)      Certification by a state-registered land surveyor as to accuracy of the survey and plat;

 

    (11)      Name and address of the developer; and

 

    (12)      Title, scale, north point and date.

 

(C)  When required by the Board of Trustees of the village, the preliminary plat shall be accompanied by the profiles, showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision; typical cross sections of the limits of the proposed grading, roadway and sidewalks; and preliminary plat of proposed sanitary and storm water sewers with grades and sizes indicated.  All elevations shall be based on the village datum plane.

 

(D) Draft of protective covenants, whereby the subdivider proposed to regulate land use in the subdivision and otherwise protect the proposed development.

(>87 Code, ‘ 25.5‑36)

 

 

 150.66  APPROVAL FOR FINAL PLAT.

 

(A) The final plat shall be drawn in ink on tracing cloth on sheets not to exceed 36 inches wide by 48 inches long and shall be at a scale of 100 feet to 1 inch.  Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision.  For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the Board of Trustees of the village.  The final plat shall show the following:

 

20 Warren – Land Usage

 

 

(1)      Primary control points, approved by village, or descriptions and Aties@ to the control points to which all dimensions, angles, bearings and similar data on the plat shall be referred;

 

(2)      Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves;

 

(3)      Name and right-of-way width of each street or other right-of-way;

 

(4)      Location, dimensions and purpose of any easement;

 

(5)      Number to identify each lot or site and block;

 

(6)      Purpose for which sites, other than residential lots, are dedicated or reserved;

 

(7)      Proposed building setback line on all lots and other sites;

 

(8)      Location and description of monuments;

 

(9)      Names of record owners of adjoining unplatted land;

 

    (10)      Certification by surveyor or engineer certifying to accuracy of survey and plat;

 

    (11)      Certification of title showing that applicant is land owner;

 

    (12)      Statement by owner dedicating streets, right-of-way and any sites for public use;

 

    (13)      Certification of approval by the Board of Trustees of the village;

 

    (14)      Location by section, township and range; and

 

    (15)      Title, scale, north arrow and date.

 

(B)  Cross sections and profiles of streets showing grades approved by the Board of Trustees of the village.  The profiles shall be drawn to village standard scales and elevations and shall be based on the village datum plane.

 

(C)  A notice from the Village Board stating that there has been filed with and approved by the Village Board, one of the following:

 

(1)  A certificate by the Engineer, attained by the village, that all improvements and installations to the subdivision required for its approval have been made or installed in accordance with the specifications; or

 

  Subdivisions                21

 

 

(2)      A bond or certified check has been posted, which is available to the village and in sufficient amount to assure completion of all required improvements.

 

(D) A protective covenants in form for recording is had.

 

(E)  Other certificates, affidavits, endorsements of dedications as may be required by the Board of Trustees of the village shall be had in the enforcement of these regulations.

(>87 Code, ‘ 25.5‑36)

 

 

 

ADMINISTRATION AND ENFORCEMENT

 

 

 150.80  VARIATIONS AND EXCEPTIONS.

 

Whenever the tract to be subdivided is of an unusual size or shape or is surrounded by the development or unusual conditions, so that the strict application of the requirements contained in this chapter would result in real difficulties, substantial hardships or injustices, the Board may vary or modify requirements so that the subdivider may develop his or her property in a reasonable manner, but so that, at the same time, the public welfare and interests of the village and the surrounding area are protected and the general intent and spirit of this chapter are preserved.

(>87 Code, ‘ 25.5‑41)

 

 

 150.81  FEES.

 

There is hereby established a fee for the approval of the preliminary plat.  The fee shall be the actual cost incurred by the Village Board of Trustees.

(>87 Code, ‘ 25.5‑46)

 

 

 150.82  REMOVAL OF LANDMARKS.

 

No person, other than the engineer attained by the village, or someone authorized by him or her, shall change the location of, or remove any stake or post or stone placed or set to designate the corner or line of any lot or tract of land, street, alley or sidewalk, or to show the grade of any street, alley or sidewalk.

(>87 Code, ‘ 25.5‑53)  Penalty, see ‘ 150.99

 

 

22 Warren – Land Usage

 

 

 150.99  PENALTY.

 

(A)      Penalties and sanctions for violation of the requirements of this chapter shall be as follows.

 

(1)      No plat of any subdivision shall be placed of record in the County Recorder=s office or have any validity until it shall have been approved in the manner prescribed herein.

 

(2)      The village shall not permit any public improvements to be made in any area which has been subdivided, or upon any street which has been platted or dedicated after the adoption of this chapter unless the subdivision or street has been approved in accordance with this chapter.

 

(3)      No owner of any land located within a subdivision shall transfer, sell, agree to sell, negotiate to sell or lease any land by reference to, exhibition of or by the use of a plan or plat of a subdivision before the plan or plat has been approved and recorded in the manner prescribed herein.  Any contract, sale, lease or transfer is voidable at the option of the buyer or lessee.  The description of the lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of leasing, selling or transferring, shall not exempt the transaction from the provisions of this chapter.

 

(4)      The Zoning Commissioner shall not issue building or repair permits for any structure in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein.

 

(5)      The village shall withhold all public services of whatsoever nature, including the maintenance and cleaning of streets and the furnishing of sewerage and water service, from any land hereafter subdivided without approval in the manner prescribed herein.

 

(6)      Any person convicted of a violation of any of the provisions of this chapter shall be subject to the penalties provided herein.

 

(B)  Each day that a violation is allowed to continue shall be deemed a separate offense.

(>87 Code, ‘ 25.5‑47)

 

  Subdivisions                23

 

 

 

 

 

Width

 

Roadway Width

 

Radius of Horizontal Curves

 

Length of Vertical Curves

 

Tangent Between Reverse Curves

 

Maximum Gradient

 

Minimum Gradient

 

Clear Site Distance

 

Tangent Property at Street Intersection

 Local expressways  

100 ft.

 

 

 

500 ft.

 

200 ft.

 

200 ft.

 

5%

 

0.35%

 

500 ft.

 

 

 Primary  

80 – 100 ft.

 

 

 

500 ft.

 

200 ft.

 

200 ft.

 

5%

 

0.35%

 

500 ft.

 

25 ft.

 Secondary  

80 ft.

 

40 ft.

 

400 ft.

 

200 ft.

 

200 ft.

 

5%

 

0.35%

 

400 ft.

 

20 ft.

 Collector  

60 – 80 ft.

 

37 ft.

 

400 ft.

 

150 ft.

 

150 ft.

 

6%

 

0.35%

 

300 ft.

 

20 ft.

 Minor; for row houses and apartments  

60 ft.

 

37 ft.

 

300 ft.

 

150 ft.

 

150 ft.

 

6%

 

0.35%

 

200 ft.

 

15 ft.

 Minor; for single-family residences  

60 ft.

 

30 ft.

 

100 ft.

 

100 ft.

 

100 ft.

 

6%

 

0.35%

 

200 ft.

 

15 ft.

 Cul-de-sac  

50 ft.

 

30 ft.

 

200 ft.

 

100 ft.

 

100 ft.

 

6%

 

0.35%

 

200 ft.

 

15 ft.

 Marginal access  

40 ft.

 

20 ft.

 

200 ft.

 

100 ft.

 

100 ft.

 

6%

 

0.35%

 

200 ft.

 

15 ft.

 Business and industrial districts  

80 – 100 ft.

 

56 ft.

 

500 ft.

 

200 ft.

 

200 ft.

 

2%

 

0.35%

 

500 ft.

 

 

   

APPENDIX:  MINIMUM STANDARDS FOR STREET DESIGN

 

24 Warren – Land Usage

 

 

   CHAPTER 151:  ZONING

 

 

Section

 

General Provisions

 

151.001      Purpose

151.002      Definitions

 

Minimum General Requirements

 

151.015      Generally

151.016      Scope of regulations

151.017      Use and bulk regulations

151.018      Lot coverage

151.019      Lot area and dimension

151.020      Access to public streets

151.021      Number of buildings on a zoning lot

151.022      Rezoning of public and semi-public area

151.023      Accessory buildings

151.024      Temporary buildings

151.025      Performance standards

151.026      Existing special uses

151.027      Uses not specifically permitted in districts

151.028      Mobile homes and trailers

151.029      Unsafe and blighted buildings

151.030      Fences

 

Nonconforming Uses

 

151.040      Continuance of use

151.041      Discontinuance of use

151.042      Change of nonconforming use

151.043      Termination and removal of nonconforming uses, buildings and structures

151.044      Repairs and alterations

151.045      Damage or destruction

151.046      Additions and enlargements

151.047      Exempted buildings, structures and uses

151.048      Conversion to special use

 

 

                25

 

2006 S-4

 

26 Warren – Land Usage

 

 

          Zoning Districts and Maps

 

151.060      Districts

151.061      Maps

151.062      District boundaries

151.063      Zoning of annexed land

 

 

Classes of Districts

 

151.075      F‑1, flood plain district

151.076      A‑1, agricultural district

151.077      R‑1, one-family residential district

151.078      R‑2, one-family residential district

151.079      R‑3, one-family residential district

151.080      R‑4, two-family residential district

151.081      R‑5, mobile home and mobile home parks

151.082      R‑6, general residential district

151.083      B‑1, restricted retail business district

151.084      B‑2, general retail business district

151.085      B‑3, commercial and wholesale business district

151.086      I‑1, limited manufacturing district

151.087      I‑2, general manufacturing district

151.088      I‑3, heavy industrial district

 

Sign Regulations

 

151.100      Permitted signs; all districts

151.101      Permitted signs; agricultural districts

151.102      Permitted signs; residential districts

151.103      Permitted signs; business districts

151.104      Permitted signs; manufacturing districts

151.105      Sign permits

 

General Off-Street Parking and Loading Provisions

 

151.115      Purpose

151.116      Scope and regulations

 

Off-Street Parking

 

151.130      Use of parking facilities

151.131      Joint parking facilities

 

         Zoning              27

 

 

151.132      Computation

151.133      Size

151.134      Access

151.135      Location

151.136      Design and maintenance

151.137      Floor area exemption

151.138      Location of accessory off-street facilities

151.139      Schedule of parking requirements

 

Off-Street Loading

 

151.150      Off-street loading facilities location

151.151      Size

151.152      Access

151.153      Surfacing

151.154      Repair and service

151.155      Schedule of loading requirements

 

Permits and Certificates

 

151.165      Building permits

151.166      Certificates of compliance

151.167      Certificates of occupancy

 

Administration and Enforcement

 

151.180      Zoning Administrator

151.181      Administrative agencies

151.182      Appeals

151.183      Variations

151.184      Special permits

151.185      Planned developments

151.186      Amendments

151.187      Standards for granting applications

151.188      Expiration of authorization

151.189      Zoning Board of Appeals

151.190      Variations, permits and the like

Cross-reference:

Business district,  93.31

 

 

28 Warren – Land Usage

 

 

    GENERAL PROVISIONS

 

 

 151.001  PURPOSE.

 

The purposes of this chapter are:

 

(A) To promote and protect the public health, safety, morals, comfort and general welfare of the people;

 

(B)  To divide the village into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business, manufacturing and other specified uses;

 

(C)  To protect the character and the stability of the residential, business and manufacturing areas within the village and to promote the orderly and beneficial development of the areas;

 

(D) To provide adequate light, air, privacy and convenience of access to property;

 

(E)  To regulate the intensity of use of lot areas and to determine the area of open spaces surrounding buildings, necessary to provide adequate light and air, and to protect the public health;

 

(F)  To establish building lines and the location of buildings designed for residential, business and manufacturing or other uses within the areas;

 

(G) To fix reasonable standards to which buildings or structures shall conform therein;

 

(H) To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified districts;

 

(I)   To prevent additions to, alterations or remodeling of existing buildings or structures in a way as to avoid the restrictions and limitations imposed hereunder;

 

(J)   To limit congestion in the public streets and protect the public health, safety, convenience and general welfare by providing for the off-street parking of motor vehicles and the loading and unloading of commercial vehicles;

 

(K)  To protect against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare;

 

(L)  To prevent the overcrowding of land and undue concentration of structures so far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them;

 

         Zoning                29

 

 

      (M) To conserve the taxable value of land and buildings throughout the village;

 

(N) To provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district; and

 

(O) To define and limit the powers and duties of the administrative officers and bodies as provided therein.

(>87 Code, ‘ 28‑1)

 

 

 151.002  DEFINITIONS.

 

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

ABANDONMENT.  An action to give up one=s rights or interests in one=s property.

 

ACCESSORY BUILDING OR USE.

 

(1)      One which:

 

(a)   Is subordinate to and serves a principal building or principal use;

 

(b)   Is subordinate in area and extent of purpose to the principal use served;

 

(c)      Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and

 

(d)   Is located on the same zoning lot as the principal building or principal use served with the single exception of the accessory off-street parking facilities as are permitted by the Zoning Administrator to locate elsewhere than on the same zoning lot with the building or use served.

 

(2)      An ACCESSORY USE includes, but is not limited to the following:

 

(a)   A children=s playhouse, garden house and private greenhouse;

 

(b)   A shed, garage or building for domestic storage;

 

(c)      Incinerators incidental to residential use;

 

(d)  Shortage of merchandise normally carried in stock on the same lot with any real service or business use unless the storage is excluded by the district regulation;

 

30 Warren – Land Usage

 

 

(e)   Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with the activities unless the storage is excluded by the district regulations;

 

(f)     A non-paying guest house or rooms for guests within an accessory building, provided the facilities are used for the occasional housing of guests of the occupants of the principal building and not for permanent occupancy by others as housekeeping units;

 

(g)      Swimming pool, private, for use by the occupants and their guests;

 

(h)   Off-street motor car parking areas and loading and unloading facilities;

 

(i)     Signs, other than advertising signs, as permitted and regulated in each district as incorporated herein;

 

(j)     Carports; and

 

(k)   Public utility facilities, such as telephone, electric, gas, water and sewer lines, their supports and incidental equipment.

 

ACREAGE.  Any tract or parcel of land having an area of one acre or more which has not heretofore been subdivided or platted.

 

ALLEY.  A public way, not more than 30 feet wide, which affords only a secondary means of access to abutting property.

 

ALTERATION, STRUCTURAL.  Any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

 

ANIMAL HOSPITAL.  Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.

 

APARTMENT.  A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single house-keeping unit.  Complete kitchen facilities, complete sanitary facilities, permanently installed, must always be included for each APARTMENT.

 

AUDITORIUM.  A room, hall or building made a part of a church, theater, school, recreation building or other building assigned to the gathering of people as an audience, to hear lectures, plays and other presentations.

 

AUTOMOBILE LAUNDRY.  A building or portion thereof where automobiles are washed with the use of a chain conveyor and blower or steam cleaning device.

 

         Zoning                31

 

 

AUTOMOBILE REPAIR, MAJOR.  Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers, collision service, including body, frame or fender straightening or repair and painting vehicles.

 

AUTOMOBILE REPAIR, MINOR.  Incidental repairs, replacement of parts and motor service to automobiles, but not including any operation specified under AUTOMOBILE REPAIR, MAJOR.

 

AUTOMOBILE SERVICE STATION.

 

(1)      A place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, are offered for sale directly to the public, on the premises and including minor accessories and the servicing of automobiles, but not including major automobile repairs, and including washing of automobiles where no chairs conveyor, blower or steamcleaning device is employed.

 

(2)      When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage.  AUTOMOBILE SERVICE STATIONS shall not include sale or storage of automobiles or trailers, new or used.

 

AUTOMOBILE AND TRAILERS SALES AREA.  An open area other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done, except for minor incidental repair of automobiles or trailers to be displayed and sold on the premises.

 

AUTOMOBILE WRECKING YARD.  Any place where two or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition, and including the commercial salvaging of any other goods, articles or merchandise.

 

AWNING.  A roof-like cover, temporary in nature, which projects from the wall of a building or overhangs the public way.

 

BASEMENT.  A story partly or wholly underground.  Where more than one-half of its height is above the established curb level or above the average level of the adjoining ground, where the curb level has not been established, a BASEMENT shall be counted as a story for purposes of height measurement.

 

BILLBOARD.  Any structure or portion thereof upon which are signs or advertisements used as an outdoor display.  This definitely does not include bulletin boards used to announce church services or to display court or other public office notices, or signs offering the sale or lease of the premises on which the sign is located.

 

BLOCK.  A tract of land bounded by streets or in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or corporate boundary lines of municipalities.

 

32 Warren – Land Usage

 

 

BOARDING HOUSE.  A building other than a hotel or restaurant, where meals are provided for compensation to 4 or more people but not more than 12 who are not members of the keeper=s family.

 

BUILDABLE AREA.  The space remaining on a zoning lot after the minimum open space requirements have been complied with.

 

BUILDING.  Any structure with substantial walls and roof which is securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings and which is designed or intended for the shelter, enclosure or protection of persons, animals or chattels.  Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, grain elevators, coal bunkers, oil cracking towers and other similar structures are not considered as BUILDINGS.

 

BUILDING, COMPLETELY ENCLOSED.  A building separated on all sides from the adjacent open space or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

 

BUILDING, DETACHED.  A building surrounded by open space on the same zoning lot.

 

BUILDING HEIGHT.  The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest elevation of the roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable; hip or gambrel roof; provided that where buildings are set back from the street line, the HEIGHT OF THE BUILDING may be measured from the average elevation of the finished lot grade at the front of the building.

 

BUILDING, NONCONFORMING.  Any building which does not conform to the regulations herein prescribing the maximum floor area, required yards, courage, height and setbacks, minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which the building is located.

 

BUILDING, PRINCIPAL.  A non-accessory building in which the principal use of the zoning lot on which it is located is conducted.

 

BUILDING SETBACK LINE.  A line parallel to the street line at a distance from it, determined and regulated by the front yard requirements set up herein.

 

BUILDING, TEMPORARY.  Any building not designed to be permanently located in the place where it is or where it is intended to be placed or affixed.

 

BULK.  The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following:

 

         Zoning                33

 

 

(1)      Size and height of buildings;

 

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

 

(3)      Gross floor area of buildings in relation to lot area (floor area ratio);

 

(4)      All open spaces allocated to the building;

 

(5)      Amount of lot area per dwelling unit; and

 

(6)      Required parking areas.

 

CARPORT.  A roofed-over area attached to the principal building for vehicle storage, which may be open on three sides.

 

CELLAR.  A story having more than one-half of its height below the curb level or below the highest level of the adjoining ground.  A CELLAR shall not be counted as a story for the purpose of height measurement.

 

CLUB or LODGE, PRIVATE.

 

(1)      A non-profit association of persons who are bona fide members paying annual dues, which owns, hires or leases a building or portion thereof, the use of the premises being restricted to members and their guests.

 

(2)  It shall be permissible to serve food and meals on the premises provided that adequate dining room space and kitchen facilities are available.  The sale of alcoholic beverages to the members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals, though the beverages may be served in a separate room or rooms, and provided that the sale of alcoholic beverages is in compliance with the applicable federal, state and municipal laws.

 

COURT, OUTER.  An open, unoccupied space opening onto a street, alley or yard.

 

CURB, LEVEL.  The level of the established curb in front of the building measured at the center of the front.  Where a building faces on more than one street, the CURB LEVEL shall be the average of the levels of the curbs at the center of the front of each street.  Where no curb elevation has been established, the main level of the land immediately adjacent to the building shall be considered the CURB LEVEL.

 

DAY NURSERY.  A building or portion thereof used for the daytime care of preschool age children.

 

DECIBEL.  A unit of measurement of the intensity or loudness of sound.

 

34 Warren – Land Usage

 

 

DWELLING.  A building or portion thereof, but not including a house trailer or mobile home designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units and multiple-family dwelling units, but not including hotels, motels, boarding or lodging houses.

 

DWELLING, ATTACHED.  A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

 

DWELLING, DETACHED.  A dwelling which is entirely surrounded by open space on the same lot.

 

DWELLING GROUP.  Two or more one-family, two-family or multiple-family dwellings or boarding or lodging houses, located on one zoning lot, but, not including tourist courts or motels.

 

DWELLING, MULTIPLE-FAMILY.  A building or portion thereof, designed or altered for occupancy by three or more families living independently of each other.

 

DWELLING, ONE-FAMILY.  A dwelling unit designed exclusively for use and occupancy by one family.

 

DWELLING, ROW or PARTY WALL.  A row of two to eight attached one-family party-walled dwellings, not more than two and one-half stories in height nor more than two rooms in depth, measured from the building line.

 

DWELLING, TWO-FAMILY.  A building designed or altered to provide dwelling units for occupancy by two families.

 

DWELLING UNIT.  One or more rooms in a residential structure which are arranged, designed, used or intended to be used by one family, plus not more than four lodgers, for living and sleeping purposes and which include complete kitchen facilities permanently installed.

 

EDUCATIONAL INSTITUTION.  Public, parochial, charitable or nonprofit junior college, college or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.

 

FAMILY.  One or more persons related by blood, marriage or adoption, or a group of not more than five persons, excluding servants, who need not be related by blood, marriage or adoption, living together and maintaining a common household but not including sororities, fraternities or other similar organizations.

 

         Zoning                35

 

 

FLOOR AREA, GROSS.

 

(1)      For the purpose of determining floor area ratio, the floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of the building or buildings measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings.  In particular, GROSS FLOOR AREA shall include:

 

(a)   Basement space if at least one-half of the basement story height is above the established curb or ground level;

 

(b)   Elevator shafts and stairwells at each floor;

 

(c)   Floor space used for mechanical equipment where the structural head-room exceeds 7_ feet, except equipment, open or enclosed, located on the roof, such as bulkheads, water tanks and cooling towers;

 

(d)   Attic floor space where the structural headroom exceeds 7_ feet;

 

(e)   Interior balconies and mezzanines;

 

(f)     Enclosed porches, but not terraces and breeze ways; and

 

(g)   Accessory buildings.

 

(2)      (a)  For the purpose of determining requirements for off-street parking and off-street loading, the GROSS FLOOR AREA shall mean the sum of the gross horizontal area of the several floors of the building, or portion thereof, devoted to the use, including accessory storage areas located within selling or working space, such as counters, racks or closets and basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

 

(b)   However, floor area for the purpose of measurement of off-street parking spaces shall not include floor area devoted primarily to storage purposes.  The following areas shall not be included for the purpose of measurement for off-street parking spaces:

 

1.     Floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space; and

 

2.     Basement floor area other than area devoted to retailing or service activities, the production or processing of goods or to business of professional offices.

 

FLOOR AREA RATIO or FAR.  The total floor area of the building or buildings on the zoning lot divided by the area of the zoning lot or in the case of a planned development by the net site area.

 

36 Warren – Land Usage

 

 

FREQUENCY.  The number of oscillations per second in a sound wave measuring the pitch of the resulting sound.

 

FRONTAGE.  All the property fronting on one side of a street between the nearest intersecting street or between a street and a right-of-way, waterway or other similar barrier.

 

GARAGE, BUS.  Any building used or intended to be used for the storage of three or more passenger motor buses or motor coaches used in public transportation, including school buses.

 

GARAGE, BUS OR TRUCK.  A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding 1_ tons capacity.

 

GARAGE, PRIVATE.  Any accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident on the premises, and in which no business, service or industry connected directly or indirectly with the automotive vehicles is carried on; provided that not more than one-half of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of one- or two-car capacity may be so rented.  A PRIVATE GARAGE shall not be used for more than one commercial vehicle and the load capacity of the vehicle shall not exceed 1_ tons.

 

GARAGE, PUBLIC.  A building other than a private garage, used for the care, incidental servicing and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire or sale within the structure, but not including trucks, tractors, truck, trailers and commercial vehicles exceeding 1_ tons capacity.

 

GOLF COURSE.  Public, semipublic or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto, and consisting of at least 60 acres for each standard nine-hole course and 25 acres for each nine-hole Apar three@ course.

 

GRADE, STREET.  The elevation of the established street in front of the building measured at the center of the front.  Where no street grade has been established, the Village Engineer shall establish the street grade or its equivalent for the purpose of this section.

 

GUEST HOUSE.  Living quarters within a detached accessory building located on the same premises with the principal building for use by temporary guests of the occupants of the premises.  The quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.

 

HOME OCCUPATION.  Any occupation or profession carried on by a member of a family, residing on the premises, in connection with which there is used no sign other than one non-illuminated nameplate that conforms with the requirements of ‘ 151.102; provided that no commodity is sold upon the premises; provided that no person is employed other than a member of the immediate family residing on the premises; provided that no mechanical equipment is used, except that is normally used for domestic, hobby or household purposes.

 

 

 

2005 S-3

 

         Zoning                37

 

 

HOTEL, APARTMENT.  A building containing dwelling units or individual guest rooms, the majority of which are for permanent guests.

 

HOTEL or MOTEL.

 

(1)      An establishment containing lodging accommodations designed for use by transients, travelers or temporary guests.

 

(2)      Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service, meeting rooms and restaurants, including the sale of alcoholic beverages.

 

JUNK YARD.  An open area where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

 

KENNEL, COMMERCIAL.  Any lot or premises or portion thereof on which more than four dogs, cats and other household domestic animals over four months of age, are kept or on which more than two animals are boarded for compensation or kept for sale.

 

LABORATORY, COMMERCIAL.  A place devoted to experimental study such as testing and analyzing, manufacturing, assembly or packaging of products is not included within this definition.

 

LOADING AND UNLOADING SPACE OR BERTH OFF-STREET.  An open, hard-surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys.  The space shall not be less than 10 feet in width, 35 feet in length and 14 feet in height, exclusive of access aisles and maneuvering space.

 

LODGING OR ROOMING HOUSE.  A building with not more than five guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open on a daily, overnight or per meal basis to transient guests.

 

LOT.  A parcel of land legally described as a distinct portion or piece of land of record.

 

LOT AREA.  The area of a horizontal plane bounded by vertical plane bounded by vertical planes containing the front, side and rear lot lines.

 

LOT, CORNER.  A lot situated at the junction of and abutting on two or more intersecting street or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.

 

38 Warren – Land Usage

 

 

LOT COVERAGE.  The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

 

LOT DEPTH.  The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries.

 

LOT FRONTAGE.  The front of a lot shall be that boundary of a lot along a public street; for a corner lot, the owner may elect either street line as the front lot line.

 

LOT, INTERIOR.  A lot other than a corner of reversed corner lot.

 

LOT LINE.  A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends to the abutting street or alley, the lot line shall be deemed to be the street or alley line.

 

LOT LINE, FRONT.  The front property line of a zoning lot.

 

LOT LINE, INTERIOR.  A side lot line common with another lot.

 

LOT LINE, REAR.  The lot line or lot lines most nearly parallel to and most remote from the front lot lines.

 

LOT LINES, SIDE.  Lot lines other than front or rear lot lines are side lot lines.

 

LOT OF RECORD.  An area of land designated as a lot on a plat of subdivision recorded or registered, pursuant to statute.

 

LOT, REVERSED CORNER.  A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.

 

LOT, THROUGH.  A lot having frontage on two parallel or approximately parallel streets and which is not a corner lot.  On a THROUGH LOT, both street lines shall be deemed front lot lines.

 

LOT WIDTH.  The mean horizontal distance between the side lot lines measured within the lot  boundaries or the minimum distance between the side lot lines within the buildable area.

 

MANUFACTURE.  The making of anything by any agency or process.

 

MARQUEE or CANOPY.  A roof-like structure of a permanent nature which projects from the wall of a building and overhangs the public way, and is designed and intended to protect pedestrians from adverse weather conditions.

 

         Zoning                39

 

 

MOBILE HOMES and MOBILE HOME PARKS.

 

(1)      A MOBILE HOME is a lightweight volumetric, three dimensional, unit manufactured to be towed on its own chassis, and designed without a permanent foundation.  It is designed for wheels to be an integral part of the structure; the transportation gear is a component part of the unit.  It is transported after fabrication, on streets or highways, on its own wheels, or on flatbed or other trailers and arriving at the site, where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking or assembly operations, connections to utilities and the like.  A recreation travel trailer is not to be considered as a mobile home, nor are prefabricated, sectionalized, panelized and modular homes which are manufactured partially off-site, but which are transported and assembled at the construction site.  Any vehicle that must be licensed as such is not a mobile home, but a recreational vehicle and designated as such.

 

(2)      MOBILE HOME PARK is a tract of land or two or more contiguous tracts of land upon which two or more independent mobile homes are located for permanent habitation, either free of charge or for revenue purposes and shall include any building, structure, tent, vehicle or enclosure used or intended for use as a part of the equipment of the MOBILE HOME PARK.

 

MOTOR FREIGHT TERMINAL.  A building in which freight, brought to the building by motor truck, is assembled and sorted for routing in intrastate and interstate shipment by motor truck.

 

NAMEPLATE.  A sign indicating the name and address of a building or the name of an occupant thereof and the practice of a permitted occupation therein.

 

NONCONFORMING USE.  Any building, structure or land lawfully occupied by a use or lawfully established at the time of the adoption of the ordinance or amendments thereto, which does not conform after the passage of the ordinance or amendments thereto with the use regulations hereof.

 

NOXIOUS MATTER.  Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well-being of human beings.

 

NURSING HOME or REST HOME.  A private home 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 of sickness or injuries or for surgical care.

 

OCTAVE BAND.  A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

 

OCTAVE BAND FILTER.  An electrical frequency analyzer, designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.  (American Standard for Sound Level Meters, A.S.A. No. 224.3‑1944)

 

40 Warren – Land Usage

 

 

OPEN SALES LOT.  Any land used or occupied for the purpose of buying and selling new or second-hand passenger cars or trucks, motor scooters, motorcycles, boats trailers, aircraft and monuments and for the storing of same prior to sale.

 

PARKING AREA, PRIVATE.  An open, hard-surfaced area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.

 

PARKING AREA, PUBLIC.  An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under 1_ tons capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.

 

PARKING SPACE, AUTOMOBILE.  Space within a public or private parking area of not less than 200 square feet (10 feet by 20 feet), other than a garage, exclusive of access drives or aisles, ramps, columns or office and work areas, for the storage of one passenger automobile or commercial vehicle under 1_ tons capacity.

 

PARTICULATE MATTER.  Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.

 

PERFORMANCE STANDARD.  A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards or glare or heat generated by or inherent in uses of land or buildings.

 

PLANNED DEVELOPMENT.  A tract of land which is developed initially as a unit under single ownership or control, which includes two or more principal buildings, and which is at least seven acres for a residential planned development, five acres for a business planned development, two acres for a planned development operated by a municipal corporation and at least six acres in area for a manufacturing planned development.

 

PORCH.  A roofed-over structure, projecting out from the wall or walls of a main structure and commonly open to the weather in part.

 

PRINCIPAL USE.  The main use of land or buildings as distinguished from a subordinate or accessory use.

 

PUBLIC OPEN SPACE.  Any publicly-owned open area, including but not limited to parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.

 

PUBLIC UTILITY.  Any person, firm, corporation or municipal department, duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, transportation or water.

 

         Zoning                41

 

 

RESTAURANT.  Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including a café, cafeteria, coffee shop, lunch room, drive-in stand, tearoom and dining room, and including the serving of alcoholic beverages when served with and incidental to the serving of meals.

 

RINGELMANN CHART.  A chart which is described in the U.S. Bureau of Mines Information Circular 6888, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke.

 

RINGELMANN NUMBER.  The number of the area on the Ringelmann Chart that coincides most nearly with visual density of smoke emission.

 

SIGN.

 

(1)      A name identification description, display or illustration which is affixed to, or painted or represented directly or indirectly upon a building, structure, tree, rock, other object or piece of land, and which directs attention to an object, product, place activity, person, institution, organization or business.

 

(2)      However, a SIGN shall not include any display or official court or public office notice nor shall it include the flag, emblem or insignia of a nation, political unit, school or religious group.  A SIGN shall not include a sign located completely within an enclosed building unless the context shall be exposed to view from a street.  Each display surface of a sign shall be considered to be a SIGN.

 

SIGN, ADVERTISING or BILLBOARD.  A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located or to which it is attached.

 

SIGN, BUSINESS.  A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered, upon the premises which the sign is located or to which it is affixed.

 

SIGN, CHURCH BULLETIN BOARD.  A sign attached to the exterior of a church or located elsewhere on the church premises, used to indicate the services or activities of the church and including its name, if desired.

 

SIGN, FLASHING.  Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when the sign is in use.  For the purpose of this chapter, any revolving, illuminated sign shall be considered a FLASHING SIGN.

 

SIGN, GROSS SURFACE AREA OF.  A sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of the sign and in no case passing through or between any adjacent elements of same.  However, the perimeter shall not include any structural or framing elements lying outside the limits of the sign and not forming an integral part of the display.

 

42 Warren – Land Usage

 

 

SIGN, IDENTIFICATION.  A structure, building wall or other outdoor surface used to display and identify the name of the individual, business, profession, organization or institution occupying the premises upon which it is located.

 

SMOKE UNITS.  The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes.  For the purpose of the chart, Ringelmann density reading is made at least once every minute during the period of observation; is then multiplied by the time in ion; each minute during which it is observed; and the various products are added together to give the total number of SMOKE UNITS observed during the total period under observation.

 

SOUND LEVEL METER.  An instrument standardized by the American Standards Association for measurement of intensity of sound.

 

STABLE, LIVERY.  Any building, other than a private stable, designed, arranged, used or intended to be used for the storage or housing of horses and horse-drawn livery, or both.

 

STABLE, PRIVATE.  Any, building which is located on a lot on which a dwelling is located and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling.

 

STACKING REQUIREMENTS.  For the purposes herein, the number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishments.

 

STORY.

 

(1)      The portion of a building included between the surface of the floor above it, or if there is no floor above, then the space between the floor and the ceiling next above it.

 

(2)      Any portion of a STORY exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.

 

STORY, HALF.  The portion of a building under a gable, hip or mansard roof, the wall plates of which on at least two opposite exterior walls are not more than 4_ feet above the finished floor of each story.  In the case of one-family dwellings, two-family dwellings and multiple-family dwellings less than three stories in height, a HALF STORY in a sloping room shall not be counted as a story.

 

STREET.  A public way other than an alley, which affords a primary means of access to abutting property.

 

STREET LINE.  A line separating a lot, piece or parcel of land from a street.

 

         Zoning                43

 

 

STRUCTURE.  Anything constructed or erected which requires location on the ground or is attached to something having location on the ground, including a fence or free-standing wall.  A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a STRUCTURE.

 

SWIMMING CLUB, PRIVATE (COMMERCIAL).  A private club operated for profit, maintaining and operating a swimming pool and apparatus and equipment pertaining to the swimming pool, with specified limitations upon the number of members, for the exclusive use of members and their guests.

 

SWIMMING CLUB, PRIVATE (NON-PROFIT).  A private club incorporated as a non-profit club or organization, maintaining and operating a swimming pool, with specified limitations upon the number of members, or limited to residents of a block, subdivision, neighborhood, community or other specified area of residence, for the exclusive use of members and their guests.

 

SWIMMING POOL, COMMERCIAL.  A swimming pool and the apparatus and equipment pertaining to the swimming pool, operated for profit, open to the public upon payment of an hourly, a daily, weekly, monthly, annual or other fee.

 

SWIMMING POOL, PRIVATE.  A swimming pool and the apparatus and equipment pertaining to the swimming pool maintained by an individual for the sole use of his or her household and guests without charge for admission and not for the purpose of profit or in connection with any business operated for profit, located on a lot as an accessory use to a residence.

 

SWIMMING POOL, PUBLIC.  A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained and operated by a municipality or other unit of government for the general public, whether or not an admission fee is charged.

 

TAVERN or LOUNGE.  A building where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food.

 

TOXIC MATERIALS.  A substance (liquid, solid or gaseous) which, by reason of an inherent deleterious property, tends to destroy life or impair health.

 

TRAILER.  A vehicle without motive power used or adaptable for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, which does not meet building code requirements and has been, or reasonably may be, equipped with wheels or other devices for transporting the structure from place to place.  The term TRAILER shall include CAMP CAR and HOUSE CAR.  A permanent foundation shall not change its character unless the entire structure is erected is accordance with prevailing village laws.

 

TRAILER CAMP OR PARK.  Any premises occupied or designed to accommodate one or more families living in an automobile house trailer or mobile home, or the parking of one or more trailers for business purposes.

 

44 Warren – Land Usage

 

 

TRUCK PARKING AREA OR YARD.  Any land used or intended to be used for the storage or parking of trucks, trailers, tractors and including commercial vehicles, while not loading or unloading, which exceeds 1_ tons in capacity.

 

USE.  The purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.

 

USE, PRINCIPAL.  The main use of land or buildings as distinguished from a subordinate or accessory use.

 

USED CAR LOT.  A zoning lot on which used or new cars, trailers or trucks are displayed in the open for sale or trade.

 

YARD.  An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted herein, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

 

YARD, FRONT.  A yard extending along the full length of the front lot line between the side lot lines.

 

YARD, REAR.  A yard extending along the full length of the rear lot line between the side lot lines.

 

YARD, SIZE.  A yard extending along a side lot line from the front yard to the rear yard.

 

ZONING ADMINISTRATOR.  The Zoning Administrator appointed by the President and Board of Trustees of the village and deputies or assistants as have been or shall be duly appointed.  The officer is hereby authorized and it is his or her duty to administer and enforce the provisions hereof, making determinations, interpretations and orders as are necessary therefor, and requiring the plats, plans and other descriptive material in connection with applications for permits as are necessary for him or her to judge compliance herewith.

 

ZONING LOT.  A single tract of land located within a single block which at the time of filing for a building permit is designed by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control.  Therefore, a ZONING LOT may or may not coincide with the legal description of a lot of record.

(>87 Code, ‘ 28‑1)  (Ord. passed 10-12-04)

 

 

 

 

 

 

 

 

 

2005 S-3

 

         Zoning                45

 

 

MINIMUM GENERAL REQUIREMENTS

 

 

 151.015  GENERALLY.

 

(A) The provisions herein shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

 

(B)      Where the conditions imposed by any provision herein upon the use of land or buildings or upon the bulk of buildings are either more restrictive than comparable conditions imposed by any other provision herein or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements, shall govern.

 

(C)  The chapter is not intended to abrogate any easement, covenant or any other private agreement provided that where the regulations of the ordinance are more restrictive, or impose higher standards or requirements, than the easements, covenants or other private agreements, the requirements herein shall govern.

(>87 Code, ‘ 28‑2)

 

 

 151.016  SCOPE OF REGULATIONS.

 

(A)      Except as may otherwise be provided, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, shall be subject to all regulations herein which are applicable to the zoning districts in which the buildings, uses or land shall be located.

 

(B)  Any lawful building, structure or use existing at the time of the enactment of this chapter may be continued, even though the building, structure or use does not conform to the provisions herein for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions hereof.

 

(C)      Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter, and provided that construction is begun within 90 days of the effective date and diligently prosecuted to completion, the building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further may upon completion be occupied under a certificate of occupancy by the use for which originally designated subject thereafter to the provisions hereof.

(>87 Code, ‘ 28‑2)

 

46 Warren – Land Usage

 

 

 151.017  USE AND BULK REGULATIONS.

 

(A) No building, structure or land shall hereafter be used or occupied, and no building or part thereof, or other structure, shall be erected, raised, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations herein specified for the district in which it is located.

 

(B)  All new buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located, except the parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the village.

(>87 Code, ‘ 28‑2)

 

 

 151.018  LOT COVERAGE.

 

(A) The maintenance of yards, courts and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of the building or of the property on which it is located, as long as the building is in existence.  Furthermore, no legally required yards, courts or other open space or minimum lot area allocated to any building shall be virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.

 

(B)  No improved zoning lot shall hereafter be divided in two or more zoning lots unless all improved zoning lots resulting from each division shall conform with all the applicable bulk regulations of the zoning district in which the property is located.  However, with respect to the resubdivision of improved zoning lots in the R‑5, R‑6 and R‑7 districts, side yard requirements shall not apply between attached buildings.

 

(C)  All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

 

(D) No yard now or hereafter provided for a building existing on the effective date hereof shall subsequently be reduced below, or further reduced below if already less than the minimum yard requirements of this chapter for equivalent new construction.

 

(E)  The following shall not be considered to be obstructions when located in the required yards specified.

 

(1)      Open terraces not over four feet above the average level of the adjoining ground, but not including a permanently roofed over terrace or porch, awnings and canopies, steps four feet or less above grade, which are necessary for access to a permitted building, or for access to a zoning lot from

 

         Zoning                47

 

 

a street or alley, chimneys projecting 18 inches or less into the yard, recreational and laundry-drying equipment, arbors and trellises and flag poles, mesh-type fences having a height of six feet or less may be used to locate property lines within the required side or rear yards in the residential districts.  Fences, walls or lattice-work screens which form outside living rooms or provide necessary privacy for swimming pools or other activities, and are actual projections from the bearing walls of existing dwellings, may be extended into either the side or the rear yards but not both yards where the fence, wall or screen not less than 50% of the surface open or is a vertical type of louvered fence, which can prevent free movement or air from one or more directions and yet have more than 50% of its surface open when viewed on an angle from two directions, provided however:

 

(a)   The projection shall not prohibit the erection of an open-mesh type fence over six feet in height enclosing an elementary or high school site; and

 

(b)   This projection shall not limit the height, type or location of a fence, wall or other structures which are located within the buildable area exclusive of the side or rear yards of the property.

 

(2)      One-story bay windows projecting three feet or less into the yard and overhanging eaves and gutters projecting three feet or less into the yard.

 

(3)      Enclosed, attached or detached off-street parking spaces; open off-street parking spaces; accessory sheds, tool rooms and similar buildings or structures for domestic or agricultural storage; balconies; breeze ways and open porches, one-story bay windows projecting three feet or less into the yard; overhanging eaves and gutters projecting three feet or less into the yard.  In any residential district, no accessory building shall be nearer than five feet to the side lot line or nearer than ten feet to any principal building unless attached.

 

(4)      Overhanging eaves and gutters projecting into the yard for a distance not exceeding 40% of the required yard width, but in no case exceeding 30 inches.

 

(F)  No building or structure hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles shall be located:

 

(1)      In any residential districts, exceeding a height of three feet above the street grade within 12 feet of the intersecting street lines bordering corner lots; and

 

(2)      In any business or manufacturing district, within eight feet of the intersecting street lines bordering a corner lot, provided that this regulation shall not apply to that part of a building above the first floor.

 

(G) (1)      Where 40% or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed, within a variation of five feet or less, a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.

 

48 Warren – Land Usage

 

 

(2)      Where 40% or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have not observed a front yard as herein required, then:

 

(a)   Where a building is to be erected within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the two existing buildings; and

 

(b)   Where a building is to be erected within 100 feet of an existing building on one side only, it may be erected as close to the street as the existing building.

(>87 Code, ‘ 28‑2)

 

 

 151.019  LOT AREA AND DIMENSION.

 

(A) When two or more parcels of land, each of which lacks adequate area and dimension to quality for a permitted use under the requirements of the use district in which they are located, are contiguous or sharing an edge or boundary, and are held in one ownership, they shall be used as one zoning lot for the use.

 

(B)  Any single lot or parcel of land, held in one ownership, which was of record at the time of adoption of the ordinance, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use, provided that yards, courts or usable open spaces are not less than 75% of the minimum required dimension or areas.

(>87 Code, ‘ 28‑2)

 

 

 151.020  ACCESS TO PUBLIC STREETS.

 

Except as otherwise provided for herein, every building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street unless a permanent easement of access to a public street was of record prior to the adoption hereof.

(>87 Code, ‘ 28‑2)

 

 

 151.021  NUMBER OF BUILDINGS ON A ZONING LOT.

 

Except in the case of a planned development, not more than one principal detached residential building shall be located on a residential zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.

(>87 Code, ‘ 28‑2)

 

         Zoning                49

 

 

 151.022  REZONING OF PUBLIC AND SEMI-PUBLIC AREA.

 

(A) An area indicated on the zoning map as a public park, recreation area, public school site, cemetery or other similar open space, shall not be used for any other purpose than that designated.

 

(B)  When the use of the area is discontinued, it shall automatically be zoned to the most restricted adjoining district until appropriate zoning is authorized by the Village Board within three months after the date of application filed for rezoning.

(>87 Code, ‘ 28‑2)

 

 

 151.023  ACCESSORY BUILDINGS.

 

(A) (1)      When a side yard is required, no part of an accessory building shall be located closer than five feet to the side lot line along the side yard.

 

(2)      When a rear yard is required, no part of an accessory building shall be located closer than five feet to the rear lot line or to those portions of the side lot lines abutting the required rear yard.

 

(3)      In a residential district, no detached accessory building shall be closer than ten feet to the principal building.

 

(B)  No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

 

(C)  No accessory building or buildings shall occupy more than 40% of the area of a required rear yard.

 

(D) No accessory building or portion thereof located in a required rear yard shall exceed 15 feet in height.

 

(E)  (1)      On a reversed corner lot in a residential district and within 15 feet of an adjacent property to the rear in a residential district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to 60% of the least depth which would be required hereunder for the front yard on such adjacent property to the rear.

 

(2)      Further, in the above instance, no accessory building shall be located within five feet of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residential district.

(>87 Code, ‘ 28‑2)  Penalty, see ‘ 10.99

 

50 Warren – Land Usage

 

 

 151.024  TEMPORARY BUILDINGS.

 

(A) A temporary real estate office may be allowed in conjunction with a new housing development, limited to the selling or renting of new units in the development, but in no case to be in operation for more than one year following completion of construction of the housing development.

 

(B)      Temporary buildings for construction purposes may be allowed for a period not to exceed the completion date of the construction.

(>87 Code, ‘ 28‑2)

 

 

 151.025  PERFORMANCE STANDARDS.

 

The performance standards of the M‑1 manufacturing district shall also apply to all residential or business districts.

(>87 Code, ‘ 28‑2)

 

 

 151.026  EXISTING SPECIAL USES.

 

Where a use is classified as a special use and exists as a permitted use at the date of the adoption hereof, it shall be considered a legal use, without further action of the Village Board, the Zoning Administrator, the Board of Appeals or the Plan Commission.

(>87 Code, ‘ 28‑2)

 

 

 151.027  USES NOT SPECIFICALLY PERMITTED IN DISTRICTS.

 

When a use is not specifically listed in the sections devoted to permitted uses, it shall be assumed that the uses are hereby expressly prohibited unless by a written decision of the Plan Commission it is determined that the use is similar to and not more objectionable than uses listed.  The uses may then be permitted by a special use permit as authorized herein.

(>87 Code, ‘ 28‑2)

 

 

 151.028  MOBILE HOMES AND TRAILERS.

 

No person shall occupy or permanently locate a mobile home or residential trailer, except in a mobile home park licensed under the provisions hereof.

(>87 Code, ‘ 28‑2)  Penalty, see 10.99

 

         Zoning              50A

 

 

151.029  UNSAFE AND BLIGHTED BUILDINGS.

 

(A) It is hereby declared a menace to the public safety and a nuisance for any person to cause or permit the existence of any unsafe, dilapidated, blighted, or otherwise insecure building, wall, stack, chimney, cornice, sign, awning or other like structure of any kind which, from manner of construction, age, condition or other circumstances, is or may become a menace to the safety of persons or property or may become a blighted structure.

 

(B)      Definitions.  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

BLIGHTED.  Any building or structure which is not properly maintained and is allowed to deteriorate so that it is offensive to look at, may be a danger to adjoining buildings, may be a danger to any persons under any of the other provisions of this section, is a detriment to the area in which it is located so that it is offensive to public aesthetics and/or causes a deterioration of property values on surrounding properties, is not properly maintained and/or is allowed to deteriorate even though said deterioration may be gradual so that the cumulative effect over a period of time is to create said blighted or unsafe conditions.

 

UNSAFE BUILDING.

 

(a)   Any building, shed, fence or other man-made structure which is dangerous to the public health because of its construction or condition, or which may cause or aid in the spread of disease or cause injury to the health of the occupants of it or of neighboring structures;

 

(b)   Any building, shed, fence or other man-made structure which, because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire, and constitutes or creates a fire hazard;

 

(c)   Any building, shed, fence or other man-made structure which, by reason of faulty construction, age, lack of proper repair or any other cause is liable to cause injury or damage by collapsing or by a collapse or fall of any part to such a structure; or

 

(d)   Any building, shed, fence or other manmade structure which, because of its condition or because of lack of doors or windows is available to and frequented by malefactors or disorderly persons who are not lawful occupants of such structure.

 

(C)  If after reasonable investigation, the Building Committee of the Village Board of Trustees finds a building in a dangerous, unsafe or blighted condition, the President or any official or employee designated by the Board of Trustees shall notify in writing the owner or owners thereof, directing said owner or owners to put such building in a safe condition or to demolish it. Where, upon diligent search, the identity or whereabouts of the owner or owners of any such building shall not be ascertainable, such notice shall be mailed to the person or persons in whose name such real estate was last assessed.

 

 

 

 

2006 S-4 Repl.

 

50B Warren – Land Usage

 

 

(D) If, after 15 days subsequent to the giving of such notice, said owner or owners fail to put such building in a safe condition or to demolish it, the President or any official or employee designated by the Board of Trustees shall so notify the Board of Trustees requesting the Board to direct the Village Attorney to apply on behalf of the village to the County Circuit Court for an order authorizing the village to demolish or repair, or to cause the demolition or repair of said building.

 

(E)  The cost of such demolition or repair shall be recoverable from the owner or owners of such real estate, and shall be a lien thereon as provided in ILCS Ch. 65, Act 5, ‘ 11-31-1.

 

(F)  In addition to the civil remedies set forth in this division, allowing an unsafe and/or blighted building to exist shall be considered a violation of this section and shall be punishable by a fine of not less than $25 and not more than $500 per occurrence. Each day in which the condition is allowed to exist shall be a new and separate offense. In addition to the civil remedies set forth in this division, the village may prosecute violations of this section as an ordinance violation by the issuance of a citation which shall be presented to the Circuit Court and tried as any other ordinance violation. Before the first complaint is filed for an ordinance violation, a 15-day notice shall be given as set forth in the preceding divisions of this section. However, after the initial 15-day notice is given, a new citation may be issued for each subsequent day in which the violation continues to occur without the requirement of new 15-day notices being given. Specifically, one 15-day notice shall be effective and citations may be issued each day after the 15th day relying on the initial 15-day notice.

 

(G) Each fine levied as a result of the provisions of this section shall be considered a judgment against the person against whom the fine is levied and may be filed through the use of memorandum of recording in the County Clerk=s office of any given county and shall become a lien on any real estate as would any other judgment so recorded.

(Ord. passed 11-12-02)

 

 

 151.030  FENCES.

 

(A) Fence permits.

 

(1)      No fence shall be erected or placed upon any property without first obtaining a fence permit from the village. Plans indicating the specific location, material, type and height of the proposed fence shall accompany the permit application filed with the Zoning Administrator.

 

(2)      Fences constructed by permit prior to the adoption of this section which do not conform to the provisions of this section shall be considered legal nonconforming structures. An existing fence may be maintained, repaired or structurally altered; however, no such repair or structural alteration shall create an additional nonconformity or increase the degree of nonconformity. In the event a fence is damaged or destroyed to the extent that the cost of restoration shall exceed 50% of the cost of a new fence, no repairs or reconstruction shall be made unless such restoration or construction shall thereafter conform to the regulations in this section. If such damage or destruction does not exceed 50% of the cost

 

 

 

 

2006 S-4

 

         Zoning              50C

 

 

of a new fence, repairs and restoration shall be completed within 12 months from the date of damage or destruction or such restoration shall conform to the regulations of this section.

 

(B)      Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

FENCE. A barrier, other than a building, erected to partially or completely enclose land, screen land or to provide for the safety of persons relative to swimming pools. With the exception of prevention or abatement of vision obstructions impairing traffic safety, this section does not regulate the use of landscape vegetation.

 

FENCE HEIGHT. The distance between the topmost element in the fence and the adjacent underlying grade; that is, the average grade measured over a length of three feet perpendicular to the exterior side of the fence.

 

FRONT YARD. The open space extending the full width of the lot between the front facade of the building and the front lot line.

 

(C)  Fence regulations.

 

(1)      A fence, including all posts, bases and other structural parts, shall be located completely within the boundaries of the lot on which it is located. No fence shall be located closer than 12 inches to a public sidewalk or the street right‑of‑way line. The construction of all fences shall comply with all applicable traffic vision requirements, covenants and restrictions. No fence shall be constructed if prohibited by private covenants or restrictions. It shall be the responsibility of the applicant, not the village, to ascertain the existence of applicable covenants and restrictions. The issuance of a fence permit and/or the subsequent constructions of fences in violation of applicable covenants and restrictions shall not estop the village or other parties from bringing suit for injunction seeking removal of said fence.

 

(2)      All fences shall be constructed with the finished surface facing neighboring property with support posts placed to the inside, except in cases where the posts are an integral part of the fence design which enhances the aesthetic appearance of the fence.

 

(3)      Fences constructed on lots with no buildings shall be located and governed by the building setback requirements for the relevant zoning district.

 

(4)      All fences shall be maintained in a sturdy and good condition. Fences which become rusted or rotted, whether in whole or in part, shall be repaired, replaced or removed. Any fence that cannot support the weight of a 150‑pound man without bending, leaning or moving shall be deemed not to be sturdy.

 

(5)      No fence of shrubbery shall limit or obstruct the sight distance of motorists entering or leaving an intersection or alley. The purpose of this requirement is to provide for visual clearance and

 

 

 

2006 S-4

 

50D Warren – Land Usage

 

 

traffic safety. Any such obstructions shall be removed at the owner=s expense upon notice to do so from the village. No fence shall be allowed when located within the visibility triangle (see diagram) at the intersection of a street and a street and/or at the intersection of a street and a driveway/alley.

 

(6)      The measured height of the fence may include an opening between the bottom of the fence and grade not to exceed six inches. Maximum fence heights shall be:

 

                 Residential

 

Front and corner side yard

 

3 feet

 

Side yard

 

6 feet

 

Rear yard

 

6 feet

 

 

Business, Commercial B Manufacturing and Industrial

 

Front and corner side yard

 

6 feet

 

Side yard

 

8 feet

 

Rear yard

 

8 feet

 

(7)      Barbed wire, razor wire, concertina and the electrification of fences are expressly prohibited in residential districts. In zoning districts other than residential, such fencing shall not be permitted unless a written request is made to the Village Board of Trustees and approved by a majority vote of those Trustees present at a regularly scheduled public meeting.

 

(D)      Responsibility of owners and occupants; exemptions.

 

(1)  It shall be the responsibility of the owner and/or occupant of the property where a fence is erected to maintain the structure in good repair at all times. If a fence is found to be in a deteriorated condition and/or in need of repair, including, but not limited to, broken or missing structural components, and/or the fence is substantially less than perpendicular to grade, the Zoning Administrator or his or her authorized agent may order the fencing to be repaired, replaced or removed depending on the condition of the fence. Such order shall be in writing. The owner must repair or remove the fence within 30 days after such notice is sent by the village by certified mail, return receipt requested or is hand delivered to a resident of the property who is over the age of 14 years. In the case of immediate danger to life or property, the village may require immediate repair or removal.

 

(2)      The provisions of this section shall not apply to fences, walls or shrubbery owned or maintained by the village, or to fences constructed or maintained by any other governmental body or agency for which the principal purpose is inherent to public safety.

 

 

 

 

2006 S-4

 

         Zoning              50E

 

 

(3)      Any person who violates any of the provisions of this section shall be punished by a fine of not less than $25 nor more than $750. Each day that a violation continues to exist shall constitute a separate offense.

(Ord. passed 11‑28‑05)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2006 S-4

 

50F Warren – Land Usage

 

         Zoning                51

 

 

NONCONFORMING USES

 

 

 151.040  CONTINUANCE OF USE.

 

(A) Any lawfully established use of a building or land, on the effective date of this chapter or of amendments thereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided.

 

(B)  Any legal nonconforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

 

(C)  (1)      Any building for which a permit has been lawfully granted prior to the effective date of this chapter or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within 90 days and diligently prosecuted to completion.

 

(2)      The building shall thereafter be deemed a lawfully established building.

(>87 Code, ‘ 28‑3)

 

 

 151.041  DISCONTINUANCE OF USE.

 

(A)      Whenever any part of a building, structure of land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, the premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.

 

(B)      Whenever a nonconforming use of a building or structure or part thereof, has been discontinued for a period of 12 consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, the use shall not after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district.

 

(C)      Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner.

 

(D) A nonconforming use not authorized by the provisions hereof in effect at the time the amendatory ordinance becomes effective, shall be discontinued and not reestablished, except when the provisions of the amendatory ordinance find the use to be conforming to the district in which it is then located.

(>87 Code, ‘ 28‑3)

 

52 Warren – Land Usage

 

 

 151.042  CHANGE OF NONCONFORMING USE.

 

The nonconforming use of any building, structure or portion thereof, which is designed or intended for a use not permitted in the district in which it is located, may be changed to another nonconforming use thereof, but only if the other use is permitted by a special use permit as authorized herein.

(>87 Code, ‘ 28‑3)

 

 

 151.043  TERMINATION AND REMOVAL OF NONCONFORMING USES, BUILDINGS AND STRUCTURES.

 

(A) The period of time during which the following nonconforming uses of buildings, structures or land may continue or remain shall be limited from the effective date of this chapter or amendment hereto which causes the use to be nonconforming.

 

(B)      Every nonconforming use shall be completely removed from the premises at the expiration of the period of time specified below:

 

(1)      Any nonconforming use of building or structure having an assessed valuation not in excess of $500 on the effective date hereof shall be removed after two years.

 

(2)      Any nonconforming use of land where no enclosed building is involved, or where the only building is involved, or where the only buildings employed are accessory or incidental to the use, or where the use is maintained in connection with a conforming building shall be removed after a period of two years.

 

(3)      All nonconforming signs, billboards and outdoor advertising structures shall be removed after a period of seven years.

 

(4)      Any nonconforming house trailers shall be removed after a period of seven years.

 

(5)      The finding at any time, that the nonconforming structure or building has reached, or exceeded, the normal useful life of the structure shall be grounds for terminating the nonconforming use.  The Village Board, upon recommendation of the Zoning Commission, may at any time, find, determine and fix the normal useful life of a nonconforming building or structure and may, for the purpose, require the production of income tax returns and other pertinent information from the owner.  The economic life stated in the income tax returns for depreciation shall be a presumption as to the normal useful life.

(>87 Code, ‘ 28‑3)

 

         Zoning                53

 

 

 151.044  REPAIRS AND ALTERATIONS.

 

(A)      Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use.

 

(B)  No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situation:

 

(1)      When the alteration is required by law;

 

(2)      When the alteration will actually result in eliminating the nonconforming use; and/or

 

(3)      When a building in a residential district containing residential nonconforming uses may be altered in any way to improve livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.

(>87 Code, ‘ 28‑3)

 

 

 151.045  DAMAGE AND DESTRUCTION.

 

If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of 50% or more of its replacement value at that time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located.  In the event the damage or destruction is less than 50% of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of the building may be continued which existed at the time of the partial destruction. In either event, restoration or repair of the building or other structure must be started within a period of six months from the date of damage or destruction and diligently prosecuted to completion.

(>87 Code, ‘ 28‑3)

 

 

 151.046  ADDITIONS AND ENLARGEMENTS.

 

(A) A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all the regulations of the district in which it is located.

 

(B)  No building partially occupied by a nonconforming use shall be altered in a way as to permit the enlargement or expansion of the space occupied by the nonconforming use.

 

(C)  No nonconforming use may be enlarged or extended in a way as to occupy any required usable open space or any land beyond the boundaries of the zoning lot as it existed on the effective date hereof or to displace any conforming use in the same building or on the same parcel.

 

54 Warren – Land Usage

 

 

(D) A building or structure which is nonconforming with respect to yards, floor area ratio or any other element of bulk regulated herein shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations of the district in which it is located.

(>87 Code, ‘ 28‑3)

 

 

 151.047  EXEMPTED BUILDINGS, STRUCTURES AND USES.

 

(A)      Whenever a lawfully existing building or other structure otherwise conforms to the use regulations herein but is nonconforming only in the particular manner hereinafter specified, the building and use thereof shall be exempt from the requirements hereof.  In any residential district where a dwelling is nonconforming only as to the number of dwelling units it contains, provided no building shall be altered in any way so as to increase the number of dwelling units therein.

 

(B)  In any residential district, where a use permitted in the B‑1 district occupies ground floor space within a multiple-family dwelling located on a corner lot.  In any business or manufacturing district, where the use is less distant from a residential district than that specified in the regulations for the district in which it is located.

 

(C)  In any district where an established building, structure or use is nonconforming with respect to the standards prescribed herein for any of the following:

 

(1)      Floor area ratio;

 

(2)      Yards, front, side, rear or transitional;

 

(3)      Off-street parking or loading;

 

(4)      Building heights; and

 

(5)      Gross floor area.

(>87 Code, ‘ 28‑3)

 

 

 151.048  CONVERSION TO SPECIAL USE.

 

Any nonconforming use may be made a special use by the granting of a special use permit, as authorized herein.

(>87 Code, ‘ 28‑3)

 

         Zoning                55

 

 

ZONING DISTRICTS AND MAPS

 

 

 151.060  DISTRICTS.

 

(A) In order to accomplish the purpose of this chapter, the village and all contiguous territory, not more than _ mile beyond the corporate limits and not included in other municipalities, is hereby divided into 14 classes of districts.

 

(B)  The use, height and area regulations are uniform in each class of district and the districts shall be known as:

 

(1)      F‑1, flood plain district;

 

(2)      A‑1, agricultural district;

 

(3)      R‑1, one-family residential district;

 

(4)      R‑2, one-family residential district;

 

(5)      R‑3, one-family residential district;

 

(6)      R‑4, two-family residential district;

 

(7)      R‑5, mobile homes and mobile home parks;

 

(8)      R‑6, general residence district;

 

(9)      B‑1, restricted retail business district;

 

    (10)      B‑2, general retail business district;

 

    (11)      B‑3, commercial and wholesale business;

 

    (12)      I‑1, limited manufacturing district;

 

    (13)      I‑2, general manufacturing district; and

 

    (14)      I‑3, heavy industrial district.

(>87 Code, ‘ 28‑11)

 

56 Warren – Land Usage

 

 

 151.061  MAPS.

 

The boundaries of the zoning districts are established as shown on the maps entitled AOfficial Zoning Map of Warren, Illinois,@ which maps accompany and are made a part hereof, and shall have the same force and effect as if the zoning map, together with all notations, references and other information shown thereon were fully set forth and described herein.

(>87 Code, ‘ 28‑12)

 

 

 151.062  DISTRICT BOUNDARIES.

 

(A) (1)      District boundaries lines are either the center lines of railroads, highways, streets, alleys or easements, or the boundary lines of sections, quarter-sections, divisions of sections, tracts or lots or the lines extended otherwise indicated.  In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of the strips shall be in accordance with the dimensions shown on the maps measured at right angles from the center line of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the map from section, quarter section or division lines, or center lines of streets, highways or railroad rights-of-way unless otherwise indicated.

 

(2)      Where a lot held in one ownership and of record on the effective date hereof is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district, provided that this construction shall not apply if it increases the less restricted frontage of the lot by more than 25 feet.

 

(B)  All streets, alleys, public-ways, water ways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting on the alleys, streets, public ways and railroad rights-of-way or waterways.  Where the center line of a street, alley, public way, waterway or railroad right-of-way serves as a district boundary, the zoning of the areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to the center line.

(>87 Code, ‘ 28‑13)

 

 

 151.063  ZONING OF ANNEXED LAND.

 

Following the annexation of any territory to the village, a plan of zoning the area to be annexed shall be forwarded to the Village Board by the Zoning Commission.  Upon approval of the plan for zoning the area to be annexed, the Village Board shall direct the Zoning Commission to hold a public hearing in accordance with the regulations.

(>87 Code, ‘ 28‑14)

 

         Zoning                57

 

 

CLASSES OF DISTRICTS

 

 

 151.075  F‑1, FLOOD PLAIN DISTRICT.

 

(A)      Purpose; establishment.  The F‑1 district is established and delineated on the zoning map to meet the needs of the Wolf Creek and its tributaries to carry the abnormal flow of water at times of flood; to insure that the taxable value of land and buildings throughout the village may be conserved; to prevent encroachments into the district which will unduly increase flood height and damage, and to prevent the loss of life and excessive damage to property in the area of greatest flood hazard.

 

(B)      Permitted uses.  The following uses are permitted:  open type uses, such as loading and unloading areas, parking lots, storage of motor vehicles, new and used, for not more than 24‑hour periods, and gardens, auxiliary to uses permitted in an adjoining district.  Storage yards for equipment and materials in movable containers and not subject to major damage by flood, provided the uses are permitted in an adjoining district, but not including acids, caustic, flammable liquids, trash, rags, bottles, scrap metal or any other materials commonly referred to as Ajunk.@  Open type public and private recreational facilities, such as public parks, forest preserves, golf clubs, golf driving ranges, drive-in theaters, recreational lakes and other similar recreational uses, subject to all other provisions of this chapter.  Agricultural uses, including farming, grazing and livestock raising, provided the uses are permitted in an adjoining district.

 

(C)      Special uses.  The following special uses are permitted:  seasonal residential uses, summer cabins, camps and cottage for seasonal and not permanent or year-round occupancy.  The lot area and width of lot for the uses shall be as specified with the special use permit but in no case shall the lot area be less than one acre.

 

(D)      Conditions.  In the F‑1 district, the following conditions of use shall pertain.

 

(1)      No filling of land shall be permitted, except when approved by the Zoning Commission and following a report from the Village Engineer and subject to the conditions as may be stipulated to protect the public interest.

 

(2)      The natural drainage grade shall not be substantially altered.

 

(3)      Any structures permitted shall be placed on the lot so as to offer the minimum obstruction to the flow of water and shall be firmly anchored to prevent the structure from floating away and thus threatening to further restrict bridge openings and other restricted sections of the stream.

 

(4)  Where, in the opinion of the Zoning Commission, topographic data, engineering and other studies are needed to determine the effects of flooding on a proposed structure or the effect of the structure on the flow of water, the Plan Commission may require the applicant to submit the data or other studies prepared by competent engineers or other technicians.

 

58 Warren – Land Usage

 

 

(5)      All uses permitted shall be subject to approval of the Zoning Commission and to the conditions as may be stipulated to protect the public interest.

 

(6)      No basement or other floor shall be constructed below ground level.

 

(7)      No building or structure shall be erected and no existing building or structure shall be moved unless the main floor elevation of the building or structure is established with a finished first floor elevation not less than three feet above the proposed flood protection elevations as shown on the zoning district maps.

(>87 Code, ‘ 28‑17)

 

 

 151.076  A‑1, AGRICULTURAL DISTRICT.

 

(A)      Permitted uses.  The following uses are permitted:  all uses commonly classed as agriculture, horticulture or forestry, including crop and tree farming, truck farming, gardening, nursery operation, dairy farming, stock raising, domestic animals and poultry breeding and raising, not including raising of fur bearing animals or animal hospitals, and forestry operations together with the operation of any machinery or vehicles incidental to the above uses.  Temporary roadside stands for the display, sale or offering for sale of agricultural products grown or produced on the property, provided that no structure is located less than ten feet from the highway right-of-way.

 

(1)      One-family detached dwellings, subject to the requirements hereof;

 

(2)      Home occupation;

 

(3)      School, elementary and high, and including playgrounds and school bus garage;

 

(4)      Athletic fields and other uses auxiliary thereto;

 

(5)      Churches, rectories and parish houses;

 

(6)      Seminaries, convents, monasteries and similar religious institutions, including dormitories and other accessory uses required for operation;

 

(7)      Parks, forest preserves and recreational areas, when publicly owned and operated;

 

(8)      Golf courses, including ancillary uses normally provided, such as restaurants, including the sale of alcoholic beverages, residential uses for guests, manager and other employee, but not including commercially operated driving ranges or miniature golf courses; and provided that no club house or accessory building shall be located nearer than 500 feet to any dwelling on another zoning lot;

 

(9)      Temporary buildings for construction purposes for a period not to exceed the construction;

 

         Zoning                59

 

 

    (10)      Accessory uses;

 

    (11)      Signs, as permitted; and

 

    (12)      Public utility facilities, as defined in the State Act entitled AAn Act Concerning Public Utilities.@

 

(B)      Special uses.  The following uses may be allowed by special use permit: mining, loading and hauling of sand, gravel, topsoil or other aggregate or minerals including equipment, buildings or structures for screening, crushing, mixing, washing or storage, provided that:

 

(1)      No open pit or shaft is less than 300 feet from any public road, not less than 500 feet from an existing residence of residential district established hereby;

 

(2)      All buildings or structures for the screening, crushing, washing, mixing or storage are located not less than 1,000 feet from an existing residence or any residential district established herein;

 

(3)      The borders of the entire property are fenced with a solid fence or wall at least six feet in height;

 

(4)      A plan of development for the reclamation of the land is provided as part of the application for special use;  (The plan of development shall be accompanied by a written agreement between the owner or his or her agent and the village and a performance bond in an amount equal to the cost of the reclamation of the land as set forth in the development plan.)

 

(5)      Railroad right-of-way and trackage, but not including classification yards, terminal facilities or maintenance facilities;

 

(6)      Airports or aircraft landing fields;

 

(7)      Cemeteries, including crematories and mausoleums in conjunction therewith if not located within 500 feet of any dwellings;

 

(8)      Private recreational areas or camps;

 

(9)      Radio and television towers, commercial;

 

    (10)      Gun clubs, if located not nearer than 1,000 feet to any residence other than that of the owner or lessee of the site, and if not so operated as to withdraw the land from its primary agricultural use;

 

(11) Filling of holes, pits, quarries or lowland with noncombustible material free from refuse and food waste;

 

60 Warren – Land Usage

 

 

    (12)      Sanitary land fill, when operated or supervised by the Zoning Administrator;

 

    (13)      Rest homes, nursing homes, hospitals and sanitariums, institutions for the aged and for children, for human beings only;

 

    (14)      Fur bearing animal farms;

 

    (15)      Dog kennels;

 

    (16)      Public service uses, such as filtration plant, pumping station, and water reservoir; sewage treatment plant; police and fire station; and other governmental uses;

 

    (17)      Mobile home parks, provided that public or community sewer and water facilities are available for each trailer, and that each trailer site contains not less than 2,400 square feet of area, including parking space, but not including roadways;

 

    (18)      Agricultural implement and machinery sales, service and repair;

 

    (19)      Animal feed, storage, preparation, grinding and mixing, wholesale and retail;

 

    (20)      Blacksmith or welding shop;

 

    (21)      Fertilizer sales, including bulk storage and mixing;

 

    (22)      Commercial feeding of poultry and livestock;

 

    (23)      Grain elevators and storage;

 

    (24)      Greenhouses, wholesale and retail;

 

    (25)      Milk depots;

 

    (26)      Milk processing and distribution, including pasteurizing and manufacture of ice cream but not including the processing or manufacture of cheese;

 

    (27)      Sales yard, wholesale or retail, for agricultural products, including, but not necessarily limited to fruits, vegetables, flowers, plants and the like;

 

    (28)      Livestock depots and sales yards; and

 

(29) Truck parking areas, the prime purpose of which is the loading and shipping of farm products, livestock, poultry, fertilizer and the like.

 

         Zoning                61

 

 

(C)  Area; minimum lot sizes.

 

(1)      Every one-family detached dwelling hereafter erected shall be located on a zoning lot having an area of not less than five acres, and a width at the established building line of not less than 200 feet.  All or part of the zoning lot may be devoted to permitted agricultural uses.  There shall be only one dwelling to a zoning lot.

 

(2)      All other permitted uses shall be on a tract of land having an area of not less than two acres and a width at the established building line of not less than 150 feet.

 

(3)      Minimum lot sizes for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized, but in no case shall any lot have an area of less than 20,000 square feet and a width at the building line of 100 feet.

 

(D)      Placement.  No building or structure, other than a permitted sign, hereafter erected shall be placed closer than 50 feet to the nearest right-of-way line of any public street, road or highway upon which the subject property abuts, or closer than 50 feet to the nearest highway set forth in officially adopted plans and upon which the subject property would abut.

 

(E)      Maximum floor ratio.  The maximum floor area ratio for permitted uses, including accessory uses, shall be as follows:

 

(1)      One-family dwelling:  0.05;

 

(2)      Schools:  0.1; and

 

(3)      The maximum floor area ratio for special uses shall be established at the time the special use permit is granted.

(>87 Code, ‘ 28‑18)

 

 

 151.077  R‑1, ONE-FAMILY RESIDENTIAL DISTRICT.

 

(A)      Permitted uses.  The following uses are permitted:

 

(1)      One-family detached dwellings and permitted accessory uses;

 

(2)      Parks, forest preserves and recreational areas, when publicly owned and operated;

 

(3)      Home occupations;

 

(4)  Signs, subject to ” 151.100 through 151.105;

 

62 Warren – Land Usage

 

 

(5)      Schools, public denominational or private, elementary and high, including playgrounds and athletic fields auxiliary thereto;

 

(6)      Churches, rectories, seminaries, convents, monasteries and similar religious institutions, including dormitories and other accessory uses required for operation; and

 

(7)      Accessory uses, including off-street parking facilities in accordance with the provisions hereof.

 

(B)      Special uses.  The following uses may be allowed by special use permit in accordance with the provisions hereof:

 

(1)      Golf courses, regulation size, but not including Apar three@ golf courses, commercially operated driving ranges or miniature golf courses;

 

(2)      Colleges and universities, including dormitories, fraternities, sororities and other accessory buildings necessary for operation, but not including business colleges or trade schools or funeral homes, when operated for profit;

 

(3)      Rest homes, nursing homes, hospitals and sanitariums, for human beings only;

 

(4)      Institutions for the aged and for children;

 

(5)      Public service uses, including filtration plant, pumping station and water reservoir; sewage treatment plant; police and fire stations; telephone exchanges; electric substations and other similar public service uses;

 

(6)      Railroad rights-of-way and trackage, but not including reclassification yards, terminal facilities or maintenance facilities;

 

(7)      Airports or aircraft landing fields;

 

(8)      Radio and television station and towers;

 

(9)      Schools, day or nursery, public or private;

 

    (10)      Swimming club, private commercial;

 

    (11)      Swimming club, private nonprofit;

 

(12)      Swimming pool, public;

 

         Zoning                63

 

 

    (13)      Planned developments, under single ownership or control, in which incidental business or recreational facilities for the convenience of the occupants may be furnished, provided the property proposed for development shall have a gross area of at least four acres;  (For developments, the Village Board may vary the regulations herein, provided the variations are consistent with the general purpose and intent of the ordinance and will result in better site planning and thus be of greater benefit both to the occupants of the development and to the community.)

 

    (14)      Cemeteries, including crematories and mausoleums in conjunction therewith; and

 

    (15)      Off-street open parking area, provided there is a need for this facility in the interest of public necessity and convenience and that no appropriate site is available in nearby business or manufacturing districts.

 

(C)      Parking facilities.  Automobile parking facilities shall be provided as required or permitted.

 

(D) Lot sizes.

 

(1)      Every one-family detached dwelling hereafter erected shall be located on a lot having an area of not less than one acre, and a width at the established building line of not less than 110 feet.

 

(2)      All nonresidential principal uses of buildings as permitted herein shall be located on a tract of land having an area of not less than 20,000 square feet with a minimum width of 100 feet at the building line.

 

(3)      Minimum lot sizes for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized, but in no case shall any lot have an area of less than 20,000 square feet and a width at the building line of 100 feet.

 

(E)      Placement; yards.  No building shall be erected or enlarged unless the following yards are provided and maintained in connection with the building, structure or enlargement:

 

(1)      A front yard of not less than 50 feet;

 

(2)      A side yard on each side of the principal building of not less than 15 feet, except where a side yard adjoins a street, the minimum width shall be increased to 50 feet; and

 

(3)      A rear yard of not less than 100 feet.

 

(F)  Lot area.  Not more than 20% of the lot area may be occupied by buildings and structures, including accessory buildings.

 

(G) Maximum floor area ratio.  The maximum floor area ratio for permitted uses, including accessory uses, and special uses shall be as follows:

 

64 Warren – Land Usage

 

 

(1)      Permitted uses:

 

(a)   One-family detached dwellings and permitted accessory uses:  0.05;

 

(b)   Schools and the like:  0.5; and

 

(c)   Churches, rectories, seminaries and the like:  0.5.

 

(2)      Special uses:

 

(a)   Golf courses and the like, as specified by the Zoning Board of Appeals;

 

(b)   Colleges and universities and the like:  0.5;

 

(c)   Rest homes, nursing homes, hospitals and sanitariums:  0.3;

 

(d)      Institutions for the aged and for children:  0.3;

 

(e)   Airports or aircraft landing fields, as specified by the Board of Appeals;

 

(f)     Public service uses, as specified by the Zoning Board of Appeals;

 

(g)   Radio and television stations and towers:  0.2;

 

(h)   Day or nursery schools:  0.3; and

 

(i)     Planned developments, as provided herein.

(>87 Code, ‘ 28‑19)

 

 

 151.078  R‑2, ONE-FAMILY RESIDENTIAL DISTRICT.

 

(A)      Permitted uses.  Any use permitted in the R‑1 district is permitted in the R‑2 district.

 

(B)      Special uses.  The same uses are permitted as are permitted in the R‑1 district.

 

(C)  Off-street parking facilities.  Automobile parking facilities shall be provided as required or permitted herein.

 

(D) Lot sizes.

 

(1)  Every one-family detached dwelling hereafter erected shall be located on a lot having an area of not less than 12,500 square feet and a width at the established building line of not less than 80 feet.

 

         Zoning                65

 

 

(2)      All nonresidential principal uses of buildings as permitted herein shall be located on a tract of land having an area of not less than 12,500 square feet with a minimum width at the building line of not less than 80 feet.

 

(3)      Minimum lot sizes for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized, but in no case shall any lot have an area of less than 12,500 square feet.

 

(E)  Yard areas.  No building shall be erected or enlarged unless the following yards are provided and maintained in connection with the building, structure or enlargement:

 

(1)      A front yard of not less than 30 feet;

 

(2)      A side yard on each side of the principal building of not less than eight feet, except where a side yard adjoins a street, the minimum width shall be increased to 15 feet; and

 

(3)      A rear yard of not less than 40 feet.

 

(F)  Lot coverage.  Not more than 30% of the lot area may be occupied by buildings and structures, including accessory buildings.

 

(G) Floor area ratio.  The maximum floor area ratio for permitted uses, including accessory uses and for special uses, shall be as follows:

 

(1)      Permitted uses:  One-family detached dwellings and permitted accessory uses:  0.25; and

 

(2)      Special uses:  The same floor area ratios shall apply as allowed in the R‑1 district.

(>87 Code, ‘ 28‑20)

 

 

 151.079  R‑3, ONE-FAMILY RESIDENTIAL DISTRICT.

 

(A)      Permitted uses.  The uses permitted in the R‑1 district are permitted herein.

 

(B)      Special uses.  The uses are permitted as are permitted in the R‑2 district.

 

(C)      Transitional uses.  Any of the following transitional uses shall be permitted on a zoning lot located in an R‑3 District where the side of the zoning lot abuts upon the side or rear of a railroad right-of-way or a zoning lot in a business or manufacturing district, or is separated only by an alley, provided the transitional use does not extend more than 100 feet from a railroad right-of-way or from the boundary of the business or manufacturing district which it adjoins, and provided the location and proposed development are first approved by the Plan Commission, after public hearing:

 

66 Warren – Land Usage

 

 

(1)      Two-family dwellings with the same lot area requirements as required in the R‑4 district;

 

(2)      Principal offices of professional persons for the practice of medicine, dentistry, law, architecture and engineering, provided that each such office is situated in the same dwelling unit as the home of the occupant, with not more than two persons other than members of the occupant=s immediate family being employed, and provided further that the residential character of the exterior of the dwelling is maintained; and

 

(3)      Public parking area, when located and developed as required herein.

 

(D) Off-street automobile parking facilities.  Automobile parking facilities shall be provided as required or permitted herein.

 

(E)  Lot size.

 

(1)      Every one-family detached dwelling hereafter erected shall be located on a lot having an area of not less than 8,000 square feet, and a width at the established building line of not less than 70 feet.

 

(2)      All nonresidential principal uses of buildings as permitted herein shall be located on a tract of land having an area of not less than 8,000 square feet with a minimum width at the building line of not less than 70 feet.

 

(3)      Minimum lot sizes for special uses shall be prescribed and conditions imposed at the time a special use permit is authorized but in no case shall any such lot have an area of less than 8,000 square feet.

 

(4)      Minimum lot sizes for transitional uses shall be the same as required in the R‑3 district.

 

(F)  Yard areas.  No building shall be erected or enlarged unless the following yards are provided and maintained in connection with the building, structure or enlargement:

 

(1)      A front yard of not less than 25 feet;

 

(2)      A side yard on each side of the principal building of not less than seven feet, except where a side yard adjoins a street, the minimum width shall be increased to 15 feet.

 

(3)      A rear yard of not less than 30 feet.

 

(G) Lot coverage.  Not more than 35% of the lot area may be occupied by buildings and structures, including accessory buildings.

 

         Zoning                67

 

 

(H) Floor area ratio.  The maximum floor area ratio for permitted uses, including accessory uses, and for special uses shall be as follows:

 

(1)      Permitted uses:

 

(a)   One-family detached dwellings and permitted accessory uses; and

 

(b)      Nonresidential uses, same as R‑1 district transitional uses same as required in the R‑3 district.

 

(2)      Special uses:  The same floor area ratios shall apply as allowed in the R‑1 district.

(>87 Code, ‘ 28‑21)

 

 

 151.080  R‑4, TWO-FAMILY RESIDENTIAL DISTRICT.

 

(A)      Permitted uses.  The uses permitted are the same as are permitted in the R‑1 district.

 

(B)      Special uses.  The uses permitted are the same as are permitted in the R‑2 district.  In addition, three- and four-family dwellings may be erected in those locations in the R‑4 district where, at the time of the effective date of this chapter, 40% or more of the frontage on one side of a street between two intersecting streets is occupied by multiple-family dwellings.

 

(C)      Transitional uses.  Any of the following transitional uses may be permitted on a zoning lot located in an R‑4 district, where the side of the zoning lot abuts upon a railroad right-of-way, or upon the side or rear of a zoning lot in a business or manufacturing district, or is separated only by an alley, provided the transitional use does not extend more than 100 feet from a railroad right-of-way or from the boundary of a business or manufacturing district which adjoins; and provided the location and proposed development are first approved by the Plan Commission after public hearing:

 

(1)      Multiple-family dwellings with the same lot requirements as required in the R‑6 district; and

 

(2)      Principal offices of professional persons for the practice of medicine, dentistry, law, architecture and engineering, provided that each office is situated in the same dwelling unit as the home of the occupant, with not more than two persons other than members of the occupant=s immediate family being employed, and provided further that the residential character of, the exterior of the dwelling is maintained.

 

(D) Off-street automobile parking facilities.  Facilities shall be provided as required or permitted herein.

 

68 Warren – Land Usage

 

 

(E)  Lot size.

 

(1)      Every one-family detached dwelling hereafter erected shall be located on a lot having an area of not less than 6,000 square feet and a width at the building line of not less than 50 feet.

 

(2)      Every two-family dwelling hereafter erected shall be on a zoning lot having a minimum area of not less than 6,000 square feet and a minimum width of not less than 50 feet at the building line, provided that where a lot has less width than herein required and was recorded under separate ownership from adjoining lots prior to the adoption of this chapter, the lot may be occupied by a two-family dwelling, but in no case shall the lot area per dwelling unit be less than 2,500 square feet.

 

(3)      All nonresidential principal uses as permitted in this district shall be located on a tract of land having an area of not less than 6,000 square feet and a width of not less than 50 feet at the established building line.

 

(4)      Minimum lot sizes for special uses shall be prescribed at the time a special use permit is authorized, but in no case shall any lot be less than 6,000 square feet in area.

 

(F)  Yard areas.  No building shall be erected or enlarged unless the following yards are provided and maintained in connection with the building, structure or enlargement:

 

(1)      A front yard of not less than 25 feet;

 

(2)      A side yard on each side of the main structure of not less than five feet, except where a side yard adjoins a street, the minimum width shall be increased to ten feet; and

 

(3)      A rear yard of not less than 30 feet.

 

(G) Lot coverage.  Not more than 35% of the lot area may be occupied by buildings and structures, including accessory buildings.

 

(H) Floor area ratio.  The maximum floor area ratios shall be as follows:

 

(1)      One-family detached dwellings:  0.4;

 

(2)      Two-family dwellings:  0.5; and

 

(3)      For all other permitted uses and special uses, the same regulations shall apply as permitted in the R‑1 district.

(>87 Code, ‘ 28‑22)

 

         Zoning                69

 

 

 151.081  R‑5, MOBILE HOME AND MOBILE HOME PARKS.

 

(A) (1)      No person shall occupy or permanently locate a mobile home, except in a regularly licensed mobile home park.

 

(2)      Any location other than parking, with wheels attached, without canopies, awnings, skirting, sheds, permanent foundation, additions or fixtures, and with the mobile home in a condition to be moved immediately, shall be considered a permanent location.

 

(3)      No mobile home shall be parked or stood at any time or for any purpose, in a residential area or district, except in a garage, rear yard or rear drive.

 

(4)      A MOBILE HOME TRAILER PARK shall mean and include an area of land on which two or more mobile homes are harbored, either free of charge or for revenue, together with any building, structure or enclosures, used as a part of the equipment of the park.

 

(5)      The Chief of Police shall be authorized to inspect the location where mobile homes are directed to be parked, and shall enforce against the commission of any nuisance in connection with the placement of any trailer within the municipal limits of the village.

 

(6)      No person shall maintain a mobile home in the village, except as specifically permitted in this chapter.

 

(7)  It shall be permissible for a bona fide guest of the householder to park a trailer in the rear yard of any dwelling house for a period of time not to exceed 15 days, provided however, that the trailer may be used only for sleeping purposes during the 15‑day period.

 

(8)      No person shall maintain any mobile home, used for human habitation, upon any plot of ground in the limits of the village, except in a licensed mobile home park.

 

(B)  (1)      No person shall establish, maintain or operate a mobile home park in the village without first obtaining a license therefor.

 

(2)      (a)      Applications for a license to operate a mobile home park shall be made in writing to the Village Clerk, and shall contain the names of the applicant, the location of the proposed park and the number of mobile homes to be located.

 

(b)   This shall also be accompanied by a plot or sketch showing the location and size of all buildings and structures.

 

(3)  There shall be an annual license fee of $25 to be collected by the Clerk at the time of the application, and payable May 1, thereafter.

 

70 Warren – Land Usage

 

 

(4)      No license to operate a mobile home park shall be issued to any but a person of good character, nor to any corporation, if any officer thereof is not a person of good character or who has been convicted of a felony.

 

(5)      Each mobile home park while operated, shall be in the charge of a caretaker, who at all times shall be responsible with the licensee for compliance with the provisions of this chapter relating to the conduct of parks.

 

(6)      (a)  No mobile home shall be parked closer than five feet to the side lot lines, or closer than ten feet to a public street, alley or building.

 

(b)   Each individual site shall abut or face on a driveway, or clear unoccupied space of not less than 20 feet in width, which space shall lave unobstructed access to a public highway or alley.

 

(c)   There shall be an open space of at least ten feet between the sides of each mobile home, and at least five feet between the ends of each mobile home.

 

(7)      (a)  An adequate supply of pure water for drinking and domestic purposes from the municipal water supply system shall be supplied to meet the requirements of the mobile home park.

 

(b)   A water meter shall be installed in each mobile home.  No mobile home park shall be further than 400 feet from a fire hydrant.

 

(8)      Each mobile home shall be hooked to a sanitary sewer line, which in turn, is connected to the municipal sanitary sewer system.

 

(9)      (a)  The owner or caretaker shall provide for the collection and removal of garbage and other waste material.

 

(b)   He or she shall otherwise maintain the park in a clean and sanitary condition.

 

    (10)      The mobile home park shall be kept properly and adequately lighted at all times so that the grounds shall be safe for occupants and visitors.

 

    (11)      (a) The mobile home park tenant or consumer is primarily responsible for the payment of water rents, sewer and landfill, garbage collection, bills subject hereto.

 

(b)   If any water rent, sewer or landfill, garbage collection, bill is not paid within the 30 days, a late fee penalty of 10% shall be added to all bills not paid by the thirtieth day after they have been rendered.

 

(c)  Payments rendered in collection of the landfill, garbage collection, user fees, water rents and wastewater and sewer service bills shall be first applied to the landfill user fee, then for sewer/wastewater service and then for water service.

 

         Zoning                71

 

 

(d)   In the event that bills for landfill, sewer and water are not paid by the fifth day after the due date, the consumer shall be notified in writing of the village=s intent to terminate water service.

 

(e)   Water service will be terminated for non-payment of bills five days after receipt of written notice of the village=s intent to terminate water service.

 

(f)     The mobile home park property owner, agent or assignee shall be ultimately responsible for paying outstanding water rents and wastewater and sewer service bills only after all reasonable attempts by the village have failed to obtain payment from the primary consumer.  The mobile home park property owner, agent or assignee shall be notified of the tenant=s failure to pay by the Village Clerk=s mailing the mobile home park property owner, agent or assignee a copy of the late notice and a notice to terminate service.

(>87 Code, ‘ 28‑23)

 

 

 151.082  R‑6, GENERAL RESIDENTIAL DISTRICT.

 

(A)      Permitted uses.  Hotels in which incidental business may be conducted only as a service for the persons living therein, are permitted, provided there is no entrance to the places of business, except from the side of the building, and that no sign advertising the business shall be visible from outside the building.

 

(B)      Special use.  The uses permitted may also be allowed if their site locations and proposed development plans are first approved, as provided herein.

 

(C)      Transitional uses.  The same as permitted in the R‑6 district.

 

(D)      Automobile parking and loading facilities.  Automobile parking and loading facilities shall be provided as required or permitted herein.

 

(E)  Lot area per dwelling.

 

(1)      Every one-family detached dwelling hereafter erected shall be located on a lot having an area of not less than 6,000 square feet and a width at the established line of not less than 50 feet.

 

(2)      All two-family dwellings hereafter erected or structurally altered shall be located on a lot having an area of not less than 6,000 square feet and a width at the established building line of not less than 50 feet.

 

(3)      All structures or buildings containing three or more dwelling units shall be located on a lot which provides a minimum lot area per dwelling unit as follows provided, however, that in no case shall the minimum lot be less than 5,000 square feet with a width at the building line of not less than 50 feet.

 

72 Warren – Land Usage

 

 

Existing residential buildings in the R‑7 district may be altered to provide for not more than four dwelling units provided that no existing residential building is altered in a way as to conflict with, or further conflict with, the foregoing requirements.

 

(a)      Apartments with two or more bedrooms:  1,500 square feet;

 

(b)      Apartments with one bedroom:  900 square feet; and

 

(c)   Efficiency apartments:  700 square feet.

 

(4)      All nonresidential principal uses permitted in this district shall be located on a lot having an area of not less than 6,000 square feet and a width at the building line of not less than 50 feet.

 

(5)      Minimum lot sizes for special uses shall be prescribed at the time a special use permit is authorized, but in no case shall any lot be less than 5,000 square feet.

 

(F)  Lot coverage.  Not more than 50% of the lot area may be covered by a building or buildings, including accessory buildings.

(>87 Code, ‘ 28‑24)

 

 

 151.083  B‑1, RESTRICTED RETAIL BUSINESS DISTRICT.

 

(A)      Permitted uses.  The following retail business and service uses are permitted, provided they are operated entirely within a building, except for off-street parking and loading facilities:

 

(1)      Art and school supply stores;

 

(2)      Art galleries and studios;

 

(3)      Bakery shops, including the baking and processing of food products when prepared for retail sales on the premises only;

 

(4)      Book and stationery stores;

 

(5)      Barber shops, beauty parlors, chiropody, massage or similar personal service shops;

 

(6)      Candy and ice cream shops;

 

(7)      Camera and photographic supply shops for retail sale;

 

(8)  Carpet, rug and linoleum stores;

 

         Zoning                73

 

 

(9)      China and glassware stores;

 

    (10)      Coin and philatelic stores;

 

    (11)      Currency exchange;

 

    (12)      Custom dressmaking, millinery, tailoring or shoe repair shops, when conducted for retail sale on the premises only;

 

    (13)      Department stores;

 

    (14)      Dry-goods stores;

 

    (15)      Dry-cleaning and pressing establishments, when employing facilities for the cleaning and pressing of not more than 750 pounds of dry goods per day, and when using perchlorethylene or other similar noninflammable solvents approved by the Fire Department;

 

    (16)      Electrical appliance stores and repairs, but not including appliance assembly or manufacturing;

 

    (17)      Employment agencies;

 

    (18)      Florist shops and conservatories for retail trade on the premises only;

 

    (19)      Food, meat and fruit stores;

 

    (20)      Frozen food stores and food lockers;

 

    (21)      Furniture store and upholstery, when conducted as a part of the retail operations and secondary to the main use;

 

    (22)      Furrier, when conducted for retail trade on the premises only;

 

    (23)      Gift shops;

 

    (24)      Hardware stores;

 

    (25)      Haberdasheries;

 

    (26)      Hobby stores;

 

(27)      Household appliance stores and repair;

 

74 Warren – Land Usage

 

 

    (28)      Funeral homes;

 

    (29)      Interior decorating shops, including upholstery and making of draperies, slip covers and other similar articles, when conducted as a part of the retail operations and secondary to the main use;

 

    (30)      Jewelry and watch repair shops;

 

    (31)      Laundries, automatic, self-service types or hand-wash;

 

    (32)      Leather goods and luggage stores;

 

    (33)      Locksmiths;

 

    (34)      Millinery shops;

 

    (35)      Musical instrument sales and repair, retail trade only;

 

    (36)      Newsstands;

 

    (37)      Offices, business and professional, including medical clinics;

 

    (38)      Opticians and optometrists;

 

    (39)      Orthopedic and medical appliance stores, but not including the assembly or manufacture of the articles;

 

    (40)      Package liquor stores;

 

    (41)      Paint and wallpaper stores;

 

    (42)      Pet shops, but not including animal hospitals;

 

    (43)      Photography studios, including the development of film and pictures when done as a part of the retail business on the premises;

 

    (44)      Picture framing, when conducted for retail trade on the premises only;

 

    (45)      Photo developing and processing;

 

    (46)      Postal substations;

 

(47) Public utility collection offices;

 

         Zoning                75

 

 

    (48)      Restaurants, tearoom or café, when the establishment is not of the drive-in type where food is served to occupants remaining in motor vehicles;

 

    (49)      Savings and loan associations;

 

    (50)      Sewing machine sales and service;

 

    (51)      Shoe and hat stores and repairing when done as a part of the retail business;

 

    (52)      Signs;

 

    (53)      Sporting goods stores;

 

    (54)      Taverns;

 

    (55)      Telegraph offices;

 

    (56)      Telephone booths, public;

 

    (57)      Tobacco shops;

 

    (58)      Toy stores;

 

    (59)      Travel bureau and transportation ticket offices;

 

    (60)      Typewriter and adding machine sales and service;

 

    (61)      Wearing apparel shops; and

 

    (62)      Accessory uses, including off-street parking and loading facilities as permitted or required in accordance with the provisions hereof.

 

(B)      Special uses.  The following uses may be allowed by special use permit:

 

(1)      Other retail business uses not specifically listed above when found to have economic compatibility with established uses on adjoining property;

 

(2)      Automobile service stations;

 

(3)      Churches, rectories and parish houses;

 

(4)  Clubs or lodges, nonprofit, fraternal or religious institutions;

 

76 Warren – Land Usage

 

 

(5)      Hospitals and sanitariums;

 

(6)      Hotels and motels, including restaurants and meeting room;

 

(7)      Meeting halls;

 

(8)      Planned developments, business, as defined herein;

 

(9)      Parks, when publicly owned and operated;

 

    (10)      Public utilities and public service uses, including:

 

                (a) Electric substations;

 

                (b) Fire stations;

 

                (c) Police stations;

 

                (d) Public art galleries and museums;

 

                (e) Public libraries;

 

                (f)      Telephone exchange, repeater stations, microwave relay towers and stations, mobile transmitting towers and stations, antenna towers and other outdoor equipment essential to the operation of the exchange in the interest of public convenience and necessity;

 

                (g) Bus terminal or other public transportation terminal facilities;

 

                (h) Water filtration plants;

 

                (i) Water pumping stations;

 

                (j) Water reservoir; and

 

                (k) Other similar uses.

 

    (11)      Dwelling units and lodging rooms, if business uses or premises designed for the uses, occupy the ground floor and provided that either:

 

(a)  Not less than 20% of the frontage on the same street and within the same block, or 20% of the frontage directly across the street from the frontage, is already developed with buildings, in which there are dwelling units or lodging rooms; or

 

         Zoning                77

 

 

(b)   At least two-thirds of the frontage in the entire block is zoned for business, and then not less than 20% of the frontage so zoned for business is already developed with buildings in which there are dwelling units or lodging rooms.

 

(C)      Conditions of use.  All uses permitted in this district, except residential district uses, shall be retail establishments dealing directly with consumers and shall be subject to the following conditions:

 

(1)      Dwelling units and lodging rooms are not permitted below the second floor, except by special use permit;

 

(2)      The sale of foodstuffs or articles intended for human consumption shall be conducted wholly within an enclosed building or a beer garden duly approved by and meeting the requirements of the Board of Trustees;

 

(3)      Establishments of the Adrive-in@ type offering goods or services directly to customers waiting in parked motor vehicles, are not permitted;

 

(4)      There shall be no manufacture, processing or treatment of products other than those which are clearly incidental and essential to the retail business conducted on the premises;

 

(5)      Not more than five persons, exclusive of manager, clerk and drivers, shall be engaged in the manufacturing, processing or treatment of products;

 

(6)      The uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes;

 

(7)      Any exterior sign displayed shall pertain only to a use conducted within the building.

 

(D)      Transitional yards.  Where a B‑1 district adjoins a residential district, transitional yards shall be provided in accordance with the following regulations.

 

(1)      Where lots in a B‑1 district front on the street and at least 80% of the frontage directly across the street between two consecutive intersecting streets is in a residential district, the front yard regulations for a residential district shall apply to the said lots in the business district.

 

(2)      In a B‑1 district, where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, a yard shall be provided along the side lot line.  The yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residential district.

 

(3)  In a B‑1 district, where a rear lot line coincides with a side lot line of property in an adjacent residential district, a yard shall be provided along the rear lot line.  The yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residential district.

 

78 Warren – Land Usage

 

 

(4)      In a B‑1 district, where a rear lot line coincides with a rear lot line of property in an adjacent residential district, a yard shall be provided along the rear lot line.  The yard shall be 20 feet in depth, but may begin at a height of 15 feet or one story above grade, whichever is lower.

 

(5)      In a B‑1 district, where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residential district, a yard of not less than the yard required by the residential district shall be provided.

 

(6)      Transitional yards shall be unobstructed from lowest level to sky, except as allowed herein.

 

(E)      Maximum floor area ratio; coverage.  The floor area ratio shall not exceed 1.2, and not more than 60% of a zoning lot shall be covered by a building or buildings.

(>87 Code, ‘ 28‑25)

 

 

 151.084  B‑2, GENERAL RETAIL BUSINESS DISTRICT.

 

(A) The zoning regulations of the B‑2 district shall be the same as the regulations of the B‑1 district, except for floor area ratio and coverage.

 

(B)  The floor area ratio shall not exceed 10.0 and not more than 80% of a zoning lot shall be covered by a building or buildings including accessory buildings.

(>87 Code, ‘ 28‑26)

 

 

 151.085  B‑3, COMMERCIAL AND WHOLESALE BUSINESS DISTRICT.

 

(A)      Permitted uses.  The following retail business uses and service establishments are permitted, provided they are conducted wholly within the enclosed building, except for off-street parking or loading facilities and except for establishments of the Adrive-in@ type offering goods and services directly to customers waiting in parked motor vehicles and except where specified below as permitted as an open lot:

 

(1)      Any use permitted in the B‑2 district;

 

(2)      Agricultural implement, sales and services, on an open lot or within a building;

 

(3)      Automobile washing, including the use of mechanical conveyors, blowers and steam-cleaning;

 

(4)      Battery and tire service stations;

 

(5)      Beverages, non-alcoholic, bottling and distributing;

 

         Zoning                79

 

 

(6)      Bicycle and motorcycle sales and repair;

 

(7)      Book binding;

 

(8)      Building materials sales, when conducted wholly within a building;

 

(9)      Contractor=s offices and shops, where the fabricating is done on the premises and where all storage of material and equipment is within a building;

 

    (10)      Cutting of glass and glazing establishments;

 

    (11)      Feed, seed and farm supply store, wholesale and retail;

 

    (12)      Greenhouse;

 

    (13)      Heating and air conditioning (fabricating and assembly) shops;

 

    (14)      Live bait stores;

 

    (15)      Motels;

 

    (16)      Pet shop or animal hospital when conducted wholly within an enclosed building;

 

    (17)      Plumbing, heating and roofing supply shops;

 

    (18)      Printing, publishing and issuing of periodicals, books, stationery and other reading matter; and

 

    (19)      Processing or assembly limited to the following, provided that space occupied in a building does not exceed 10,000 square feet of total floor space and basement space, and not including stairwells or elevator shafts; and provided the processing or assembly can be conducted without noise, vibration, odor, dust or any other conditions which might be disturbing to occupants of adjacent buildings.  When manufacturing operations of the same or similar products demand space exceeding 10,000 square feet, they shall then be located in the I‑1 district:

 

(a)      Advertising displays;

 

(b)   Awnings, Venetian blinds and window shades;

 

(c)   Brushes and brooms;

 

(d)  Bakeries, wholesale;

 

80 Warren – Land Usage

 

 

(e)      Cosmetics, drugs and perfumes;

 

(f)     Electrical equipment appliances;

 

(g)   Food processing, packaging and distribution;

 

(h)   Jewelry;

 

(i)     Medical and dental supplies;

 

(j)     Optical goods and equipment;

 

(k)   Pattern making;

 

(l)     Scientific and precision instruments;

 

(m)  Products from finished materials such as plastic, bone, cloth, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, precious or semi-precious stones, paper, rubber, shell or yarn;

 

(n)      Restaurants and taverns including live entertainment and dancing;

 

(o)   Storage and warehousing and wholesale establishments;

 

(p)      Taxidermist shops;

 

(q)   Tinsmiths;

 

(r)    Trailer sales or rental (house trailers) business on an open lot or within a building, not including occupancy of trailers;

 

(s)    Used passenger automobiles sales on an open lot or within a building; and

 

(t)     Accessory uses, including off-street parking and loading facilities as permitted or required herein.

 

(B)      Special uses.  The following uses may be allowed by special use permit:

 

(1)      Any use which may be allowed as a special use in the B‑1 district;

 

(2)  Outdoor amusement establishments, fairgrounds, carnivals, circuses, race tracks, kiddie parks and other similar amusement centers, and including places of assembly devoted there to such as stadiums and arenas;

 

         Zoning                81

 

 

(3)      Riding academies and public stables; and

 

(4)      Trailer or mobile home parks, provided that public or community sewer and water facilities are available for each trailer, and that each trailer site contains not less than 2,400 square feet of area, including parking space, but not including roadways.

 

(C)  Yard areas.  The yard regulations shall be the same as required and apply in the B‑1 district.

 

(D)      Maximum floor area ratio.  The floor area ratio shall not exceed 2.5.

 

(E)      Signs.  Sign regulations shall be as required.

(>87 Code, ‘ 28‑27)

 

 

 151.086  I‑1, LIMITED MANUFACTURING DISTRICT.

 

(A)      Permitted uses.  The following uses are permitted:

 

(1)      Retail and service uses as follows:

 

(a)   Animal pounds and shelters;

 

(b)      Automobile laundries;

 

(c)      Automobile service stations, where the retail sale of gasoline and oil for motor vehicles, including minor services customarily incidental thereto, may be conducted out-of-doors;

 

(d)      Lubrication and washing facilities including auto-laundries, are permitted only if in a completely enclosed building;

 

(e)   Banks and financial institutions;

 

(f)     Battery and tire service stations;

 

(g)      Beverages, non-alcoholic bottling and distributing;

 

(h)      Contractor or construction shops such as building, cement, electrical, refrigeration, air conditioning, masonry, painting, plumbing, roofing, heating and ventilating;

 

(i)     Currency exchanges;

 

(j)   Drug stores and food stores;

 

82 Warren – Land Usage

 

 

(k)   Fuel sales, with storage of fuel oils, gasoline and other flammable products limited to 120,000 gallons per tank, with the total storage on a zoning lot not to exceed 500,000 gallons;

 

(l)     Garages and parking lots, other than accessory and subject to the provisions hereof;

 

(m)      Greenhouses;

 

(n)   Ice sales, linen, towel, diaper and other similar supply services;

 

(o)      Restaurants, including the sale of liquor in conjunction therewith;

 

(p)   Riding academies and stables, horse;

 

(q)   Taverns; and

 

(r)    Trade schools.

 

(2)      Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products, except those uses involving the storage, utilization or manufacture of materials or products which decompose by detonation, which conform with the performance standards set forth below, and which shall not be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration; smoke, dust or other particulate matter, toxic or noxious materials, odors, fire or explosive hazards, or glare or heat, which uses include, but are not limited to the following:

 

(a)      Agricultural building and structures;

 

(b)      Advertising displays;

 

(c)   Apparel and other products manufactured from textiles;

 

(d)   Art needle work and hand weaving;

 

(e)      Automobile painting, upholstering, repairing, reconditioning and body and fender repairing, when done within the confines of a structure;

 

(f)     Bakeries;

 

(g)      Beverages, non-alcoholic;

 

(h)      Blacksmith shops;

 

(i)   Books, hand-binding and tooling;

 

         Zoning                83

 

 

(j)     Bottling works;

 

(k)   Brushes and brooms;

 

(l)     Building equipment, building materials, lumber, coal, sand and gravel yards and yards for contracting equipment of public agencies, or public utilities or materials or equipment of similar nature;

 

(m)  Cameras and other photographic equipment and supplies;

 

(n)   Canning and preserving;

 

(o)   Canvas and canvas products;

 

(p)   Carpet and rug cleaning;

 

(q)   Carting, express hauling or storage yard;

 

(r)    Cement block manufacture;

 

(s)    Ceramic products, such as pottery and small glazed tile;

 

(t)     Cleaning and dyeing establishments;

 

(u)   Clothing;

 

(v)   Cosmetics and toiletries;

 

(w)      Creameries and dairies;

 

(x)   Dentures;

 

(y)   Drugs;

 

(z)   Electrical appliances, such as lighting fixtures, irons, fans, toasters and electric toys;

 

   (aa)      Electrical equipment assembly, such as home radio and television receivers and home movie equipment, but not including electrical machinery;

 

(bb)      Electrical supplies, manufacturing and assembly of such as wire and cable assembly, switches, lamps, insulation and dry cell batteries;

 

84 Warren – Land Usage

 

 

   (cc)      Food products, processing and combining of, except meat and fish, baking, boiling, canning, cooking, dehydrating, freezing, frying, grinding, mixing and pressing;

 

  (dd)      Fur goods, not including tanning and dyeing, and hair, felt and leather products, except washing, curing and dyeing;

 

   (ee)      Glass products, from previously manufactured glass;

 

   (ff)      Hat bodies of fur and wool felt;

 

  (gg)      Hosiery;

 

  (hh)      House trailers;

 

    (ii)      Ice, dry and natural;

 

    (jj)      Ink mixing and packaging of inked ribbons;

 

  (kk)      Insecticides;

 

    (ll)      Jewelry;

 

(mm)      Laboratories, medical, dental, research, experimental and testing, provided there is no danger from fire or explosion or offensive noise, vibration, smoke dust, odors, heat, glare or other objectionable influences;

 

  (nn)      Laundries;

 

  (oo)      Leather products, including shoes and machine belting;

 

  (pp)      Luggage;

 

  (qq)      Machine shops for tool, die and pattern making;

 

   (rr)      Meat products;

 

   (ss)      Metal finishing, plating, grinding, sharpening, polishing, cleaning, rust-proofing and heat treatment;

 

    (tt)      Metal stamping and extrusion of small products, such as costume jewelry, pins and needles, razor blades, bottle caps, buttons and kitchen utensils;

 

(uu)      Musical instruments;

 

         Zoning                85

 

 

  (vv)      Orthopedic and medical appliances, such as artificial limbs, braces, supports and stretchers;

 

(ww)      Paper products, small, such as envelopes and stationery, bags, boxes, tubes and wallpaper printing;

 

  (xx)      Perfumes and cosmetics;

 

  (yy)      Pharmaceutical products, compounding only;

 

   (zz)      Plastic products, but not including the processing of the raw materials;

 

(aaa)      Poultry and rabbits, slaughtering;

 

(bbb)      Precision instruments, such as optical, medical and drafting;

 

(ccc)      Products from finished materials, plastic, bone, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, precious and semi-precious stones, rubber, shell and yarn;

 

(ddd)      Printing and newspaper publishing, including engraving and photo-engraving;

 

(eee)      Public utility electric substations and distribution centers, gas regulation centers and underground gas holder stations;

 

  (fff)      Repair of household or office machinery or equipment;

 

(ggg)      Rubber products, small and synthetic treated fabrics, excluding all rubber and synthetic processing, such as washers, gloves, footwear, bathing caps and atomizers;

 

(hhh)      Silverware, plate and sterling;

 

   (iii)      Soap and detergents, packaging only;

 

   (jjj)      Soldering and welding;

 

(kkk)      Sporting and athletic equipment, such as balls, baskets, cues, gloves, bats, racquets and rods;

 

   (lll)      Statuary, mannequins, figurines and religious and church art goods, excluding foundry operations;

 

(mmm)      Storage of flammable liquids, fats or oil in tanks each of 50,000 gallons or less capacity but only after the location and protective measures have been approved by local governing officials;

 

86 Warren – Land Usage

 

 

(nnn)      Textiles, spinning, weaving, manufacturing, dyeing, printing, knit goods, yarn, thread and cordage, but not including textile bleaching;

 

(ooo)      Tobacco curing and manufacturing, and tobacco products;

 

(ppp)      Tools and hardware, such as bolts, nuts, screws, doorknobs, drills, hand tools and cutlery, hinges, house hardware, locks, non-ferrous metal castings and plumbing appliances;

 

(qqq)      Toys;

 

  (rrr)      Truck, tractor, trailer or bus storage yard, but not including a truck or motor freight terminal, which are listed under special uses;

 

  (sss)      Umbrellas;

 

   (ttt)      Upholstering (bulk), including mattress manufacturing, rebuilding and renovating;

 

(uuu)      Vehicles, children=s, such as bicycles, scooters, wagons, and baby carriages;

 

(vvv)      Watches;

 

  (www)  Wood products, such as furniture, boxes, crates, baskets and pencils and cooperage works; and

 

(xxx)      Any other manufacturing establishment that can be operated in compliance with the performance standards listed below without creating objectionable noise, odor, dust, smoke, gas, fumes or vapor; and that is a use compatible with the use and occupancy of adjoining properties.

 

(3)      Wholesale and warehousing, local cartage and express facilities, but not including motor freight terminals.

 

(4)      Public and community service uses as follows:

 

(a)   Bus terminals, bus garages, bus lots, street railway terminals and street car houses;

 

(b)   Electric substations;

 

(c)   Fire stations;

 

(d)   Municipal or privately-owned recreation buildings or community centers;

 

(e)  Parks and recreation areas;

 

         Zoning                87

 

 

(f)     Police stations;

 

(g)   Sanitary land fill;

 

(h)   Sewage treatment plants;

 

(i)     Telephone exchanges;

 

(j)     Water filtration plants;

 

(k)   Water pumping stations; and

 

(l)     Water reservoirs.

 

(5)      Residential uses, dwelling units for watchmen and their families, when located on the premises where they are employed in the capacity.

 

(6)      Miscellaneous uses, as follows:

 

(a)   Accessory uses;

 

(b)   Radio and television towers; and

 

(c)      Temporary buildings for construction purposes, for a period not to exceed the duration of the construction.

 

(7)      Off-street parking and loading, as permitted or required herein.

 

(B)      Special uses.  The following uses may be allowed by special use permit in accordance with the provisions hereof:

 

(1)      Any use which may be allowed as a special use in the B‑3 district;

 

(2)      Airports or aircraft landing fields;

 

(3)      Planned developments, industrial;

 

(4)      Motor freight terminals;

 

(5)      Stadiums, auditoriums and arenas;

 

(6)  Theaters, outdoor drive-in;

 

88 Warren – Land Usage

 

 

(7)      Trailer or mobile home parks; and

 

(8)      Any use permitted in the I‑1 district, provided the performance standards of this district can be met in their entirety.

 

(C)      Conditions of use.  All permitted uses are subject to the following conditions:

 

(1)      Any production, processing, cleaning, servicing, testing and repair or storage of goods, materials or products shall conform to the performance standards set forth below;

 

(2)      All business, production, servicing and processing shall take place within completely enclosed buildings unless otherwise specified.  Within 150 feet of a residential district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this district may be open to the sky but shall be enclosed by solid walls or fences, including solid doors or gates thereto, at least eight feet high, but in no case lower in height than the enclosed storage and suitably landscaped. However, open off-street loading facilities and open off-street parking of motor vehicles under 1_ tons capacity may be unenclosed throughout the district, except for the screening of parking and loading facilities as may be required under the provisions hereof;

 

(3)      Uses established on the effective date of this chapter and by its provisions rendered nonconforming shall be permitted to continue, subject to the regulations hereof;

 

(4)      Uses established after the effective date of this chapter shall conform fully to the performance standards hereinafter set forth for the district.

 

(D) Yard areas.  No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with the building.

 

(1)      On every zoning, lot a front yard of not less than 30 feet in depth shall be provided. However, where lots within the same block and comprising 40% of the frontage on the same street are already developed on the effective date of the ordinance with front yards with an average depth of less than 30 feet, then the average depth shall be the required front yard depth for the frontage in the block.

 

(2)      On every zoning lot a side yard shall be provided along each side lot line.  Each side yard shall not be less in width than 10% of the lot width, but need not exceed 20 feet in width.

 

(E)      Maximum floor area; ratio.  The maximum floor area ratio shall not exceed 1.5.

 

(F)      Signs.  Signs shall be as permitted and allowed herein.

 

(G)      Performance standards.  Any use established hereafter in any I‑1 district shall be so operated as to comply with the performance standards set forth as follows:

 

         Zoning                89

 

 

(1)      (a)      Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to the standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter;

 

(b)   Impulsive type noises shall be subject to the performance standards hereinafter prescribed provided that the noises shall be capable of being accurately measured, for the purpose of this chapter, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels;

 

(c)   Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses;

 

(d)   At no point either on the boundary of a residential district or a business district or at 125 feet from the nearest property line of a plant or operation, whichever distance is greater, shall the sound pressure level of an individual operation or plant, other than the operation of motor vehicles and other transportation facilities, exceed the decibel levels at the designated octave bands shown hereafter for the districts indicated.

 

 

Octave Band Cycles per Second

 

Maximum Permitted Sound Level in Decibels along Boundaries or 125 Feet from Plant or Operation Property Line

 

 

 

Residence Districts

 

Business Districts

 

0 to 75

 

67

 

73

 

75 to 150

 

62

 

68

 

150 to 300

 

58

 

64

 

300 to 600

 

54

 

60

 

600 to 1,200

 

49

 

55

 

1,200 to 2,400

 

45

 

51

 

2,400 to 4,800

 

41

 

47

 

4,800 and over

 

37

 

43

 

(2)  (a)  No stack shall emit more then ten smoke units during any one hour, nor shall smoke of a density in excess of Ringelmann No. 2 be emitted, provided that during a single 1‑hour period in each 24‑hour day each stack may emit up to 20 smoke units when blowing soot or cleaning fires, and during the cleaning of fires, smoke of a density of Ringelmann No. 3 may be emitted, but not for longer than four minutes each period;

 

90 Warren – Land Usage

 

 

(b)   No emission of smoke or particulate matter shall exceed a density of Ringelmann No. 3, except for a plume consisting entirely of condenses steam.  For the purposes of grading the density of emission, the Ringelmann Chart published and used by the United States Bureau of lines shall be employed;

 

(c)   The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed a net figure of one pound per acre of lot area during any one hour;

 

(d)   Dust and other forms of air pollution borne by the wind from such sources as storage areas, yards, roads and so forth within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable means.  The emission of particulate matter from the sources shall conform with the requirements hereof;

 

(e)   In addition to the performance standards specified herein, the emission of smoke or particulate matter in a manner or quantity as to be detrimental to or endanger the public health, safety, comfort or welfare is hereby declared to be a public nuisance.

 

(3)      The emission of odorous matter from any property in concentrations as to be readily detectable at any point along the boundaries of the property or in concentrations as to create a public nuisance or hazard beyond the boundaries is prohibited;

 

(4)      (a)  Any process or equipment which produces intense earth-shaking vibrations are created by heavy drop forges or heavy hydraulic surges shall be set back at least 500 feet from the property boundaries on all sides, except for a property line adjoining an I‑3 district, where the setback shall not be mandatory;

 

(b)   However, in no case shall the vibrations be allowed to create a public nuisance or hazard beyond the property boundaries.

 

(5)      No use on any property shall discharge across the boundaries of the property toxic or noxious matter in concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to other property or business;

 

(6)      Any operation producing intense glare or heat shall be performed within a completely enclosed building and effectively screened in a manner as not to create a public nuisance or hazard along property or business;

 

(7)      Fire and explosive hazards shall be controlled as follows:

 

(a)  Activities involving the storage or manufacture of materials or products which decompose by detonation are not permitted in the I‑1 districts;

 

         Zoning                91

 

 

(b)   The storage, utilization or manufacture of materials ranging from incombustible to moderate burning, as determined by the Zoning Administrator, is permitted;

 

(c)   Storage, utilization or manufacture of materials or products ranging from free or active burning to intense burning, as determined by the Zoning Administrator, is permitted hereunder:

 

1.     All storage, utilization or manufacture of the materials or products shall be within completely enclosed buildings or structures having incombustible exterior;

 

2.     All buildings or structures shall be set back at least 40 feet from property boundaries or, in lieu thereof, shall be protected throughout by an automatic sprinkler system complying with standards for installation prescribed by the National Fire Protection Association.

 

(d)   Materials or products which produce flammable explosive vapors or gases under ordinary weather temperatures shall not be permitted in this district, with the exception of the following, which are permitted:

 

1.     Materials required for emergency or standby equipment;

 

2.     Materials used in secondary processes which are auxiliary to a principal operation such as paint-spraying of finished products; and

 

3.      Flammable liquids and oils stored, sold and used in conjunction with the operation of any automobile service station and customarily required or used in the operation.

(>87 Code, ‘ 28‑28)

 

 

 151.087  I‑2, GENERAL MANUFACTURING DISTRICT.

 

(A)      Permitted uses.  Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products which conform to the performance standards established for this district, but not including any of the uses first listed as permitted in the I‑3, heavy industrial district is permitted.

 

(B)      Special uses.  The following uses may be allowed by special use permit:

 

(1)      Any use which may be allowed as a special use in the I‑1 district;

 

(2)      Junk yards and automobile wrecking yards, provided they are contained within completely enclosed buildings or screened by a solid wall or uniformly painted solid fence at least 12 feet high;

 

(3)  Stone and gravel quarries and crushing, grading, washing and loading equipment and structures; and

 

92 Warren – Land Usage

 

 

(4)      Railroad roundhouses, maintenance buildings and switching yards.

 

(C)      Conditions of use.  All permitted uses are subject to the following conditions:

 

(1)      All production, processing, cleaning, servicing, testing and repair or storage of goods, materials or products shall conform with the performance standards set forth in the I‑1 district;

 

(2)      Within 150 feet of a residential district, all business, production, servicing, processing and storage shall take place or be within completely enclosed buildings, except that storage of materials shall be open to the sky provided the storage area is enclosed with a solid wall or fence at least eight feet high.  However, within 150 feet of a residential district, off-street loading facilities and off-street parking of motor vehicles under 1_ tons capacity may be unenclosed, except for the screening of parking and loading facilities as shall be required under the provisions hereof.

 

(D) Yard areas.  All yard areas shall be the same as required in the I‑1 district.

 

(E)      Maximum floor area ratio.  The maximum floor area ration shall not exceed 3.0.

 

(F)      Signs.  Signs shall be as permitted and allowed herein.

 

(G)      Performance standards.  Any use established hereafter in an I‑2 district shall be so operated as to comply with the performance standards set forth as follows.

 

(1)      The performance standards governing noise in the I‑1 district shall apply.

 

(2)      Smoke and particulate matter:

 

(a)   No stack shall emit more than 20 smoke units during any one hour, nor shall smoke of a density in excess of Ringelmann No. 2 be emitted, provided that during fire cleaning periods, each stack may emit four minutes of smoke up to 30 smoke units, twice for blowing soot and twice during the cleaning of fires, smoke of a density of Ringelmann No. 3 may be emitted;

 

(b)   No emission of smoke or particulate matter shall exceed a density of Ringelmann No. 3, except for a plume consisting entirely of condensed steam.  For the purpose of grading the density of emission, the Ringelmann Chart published and used by the U.S. Bureau of Mines shall be employed;

 

(c)   The rate of emission of particulate matter from all sources with the boundaries of any lot shall not exceed a net figure of three pounds per acre of lot area during any one hour, computed in accordance with the procedures set forth;

 

(d)  Dust and other forms of air pollution borne by the wind from such sources as storage areas, yards, roads and so forth, within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable means.  The emission of particulate matter from the sources shall conform with the requirements hereof;

 

         Zoning                93

 

 

(e)   In addition to the performance standards specified herein, the emission of smoke or particulate matter in a manner or quantity as to be detrimental or endanger the public health, safety, comfort or welfare is hereby declared to be a public nuisance;

 

(3)      The emission of odorous matter from any property in the concentration as to be readily detectable at any point along the boundaries of the property when diluted in the ratio of one volume of ordorous air to four or more volumes of clean air, or in concentrations as to produce a public nuisance or hazard beyond the property boundaries is prohibited;

 

(4)      Any process or equipment which produces intense earth-shaking vibration, such as are created by heavy drop forges or heavy hydraulic surges, shall be set back at least 500 feet from the property boundaries on all sides, except for a property line adjoining an I‑3 district, where the setback shall not be mandatory.  However, in no case shall the vibrations be allowed to create a public nuisance or hazard beyond the property boundaries;

 

(5)      No use on any property shall discharge across the boundaries of the property toxic or noxious matter in concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to other property or business;

 

(6)      Any operation producing intense glare or heat shall be performed within an enclosure and effectively screened in a manner as not to create a public nuisance or hazard along property boundaries;

 

(7)      Fire and explosive hazards shall be controlled as follows:

 

(a)   Activities involving the storage or manufacture of materials or products which decompose by detonation are not permitted in the I‑2 districts unless licensed by the village.  However, in no case shall the materials or products be stored or manufactured within 200 feet of the boundary of any other district, except in I‑3 district;

 

(b)   The storage, utilization or manufacture of materials or products ranging from incombustible to moderate burning, as determined by the Zoning Administrator, is permitted;

 

(c)   The storage, utilization or manufacture of materials or products ranging from free to active burning to intense burning, as determined by the Zoning Administrator, is permitted, provided that within 40 feet of the boundary of a residential or business district, the following restrictions apply:

 

1.     All storage, utilization or manufacture of the materials or products shall be within completely enclosed buildings or structures having incombustible exterior walls;

 

2.   All buildings or structures shall be protected throughout by an automatic sprinkler system complying with standards for installation prescribed by the National Fire Protection Association.

 

94 Warren – Land Usage

 

 

(d)   Materials or products which produce flammable or explosive vapors or gases under ordinary weather temperature shall not be permitted in this district with the exception of the following which are permitted:

 

1.     Materials required for emergency or standby equipment;

 

2.     Materials used in secondary processes which are auxiliary to a principal operation such as paint-spraying of finished products; and

 

3.      Flammable liquids and oils stored, sold and used in conjunction with the operation of an automobile service station and customarily required or used in the operation.

(>87 Code, ‘ 28‑29)

 

 

 151.088  I‑3, HEAVY INDUSTRIAL DISTRICT.

 

(A)      Permitted uses.  The following uses are permitted:

 

(1)      Any use permitted in the I‑2 district;

 

(2)      Production, processing, cleaning, servicing, testing and repair, including the following uses and manufacturing of the following products:

 

(a)      Automobile wrecking;

 

(b)   Asphalt and asphalt products;

 

(c)      Chemicals, including acetylene, aniline dyes, ammonia, carbide, caustic soda, cellulose chlorine, carbon black and bone black, cleaning and polishing preparations, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton or other materials, nitrates, manufactured and natural, of an explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yarn, hydrochloric, picric and sulphuric acids and derivatives;

 

(d)   Coal, coke and tar products, including gas manufacturing;

 

(e)   Electric central station, power and steam generating plants;

 

(f)      Explosives, when not prohibited by other ordinances;

 

(g)      Fertilizers;

 

(h)  Film, photographic;

 

         Zoning                95

 

 

(i)     Flour, feed and grain, milling and processing;

 

(j)     Gelatin, glue and size, animal;

 

(k)      Incineration or reduction of garbage, offal and dead animals;

 

(l)     Linoleum and oil cloth;

 

(m)      Magnesium foundries;

 

(n)   Matches;

 

(o)   Metal and metal ores, except precious and raw metals, reduction, refining, smelting and alloying;

 

(p)   Paint, lacquer, shellac, varnishes, linseed oil and turpentine;

 

(q)   Petroleum products, refining, such as gasoline, kerosene; naphtha, lubricating oil and liquified petroleum gases;

 

(r)    Ready-mix cement plants;

 

(s)    Rubber, natural or synthetic;

 

(t)     Soaps, including fat and oil rendering;

 

(u)   Starch;

 

(v)   Stock yards, slaughter houses and abattoirs;

 

(w)  Wood, coal and bones, distillation;

 

(x)   Wood pulp and fiber, reduction and processing, including paper mill operation;

 

(y)   Any other production, processing, cleaning, servicing, testing and repair which conforms with the performance standards established hereinafter for the I‑3 district;

 

(z)   Storage, including the following uses and materials or products;

 

   (aa)      Goods used in or produced by manufacturing activities permitted in this district;

 

(bb)      Dumps and slag piles;

 

96 Warren – Land Usage

 

 

   (cc)      Explosives;

 

  (dd)      Grain;

 

   (ee)      Manure, peat and topsoil;

 

   (ff)      Petroleum and petroleum products; and

 

  (gg)      Miscellaneous uses, as follows:

 

1.     Railroad freight terminals;

 

2.     Motor freight terminals;

 

3.     Railroad switching and classification yards; and

 

4.     Repair shops and roundhouses.

 

(B)      Special uses.  The following uses may be allowed by special use permit:

 

(1)      Any use which may be allowed as a special use in the I‑2 district unless already permitted in this district; and

 

(2)      Areas for the dumping or disposal of garbage, refuse or trash.

 

(C)      Conditions of use.  Permitted uses are subject to the following conditions:

 

(1)      All production, processing, cleaning, service testing and repair or storage of goods, materials or products shall conform with the performance standards set forth below;

 

(2)      Within 150 feet of a residential district, all business, production, processing, servicing and storage shall take place or be within completely enclosed buildings or structures unless otherwise specified.  Off-street parking and off-street loading facilities may be unenclosed, except for the screening and improvements as may be required and under the provisions hereof.

 

(D) Yard areas.  All yard areas shall be the same as required in the I‑1 district.

 

(E)      Maximum floor area ratio.  The maximum floor area ratio shall not exceed 3.0.

 

(F)      Signs.  The signs shall be as permitted or allowed herein.

 

(G)      Performance standards.  Any use established hereafter in the I‑3 district shall be operated as to comply with the performance standards set forth as follows:

 

         Zoning                97

 

 

(1)      The performance standards governing noise in the I-I district shall apply;

 

(2)      (a)  No stack shall emit more than 30 smoke units during one hour nor shall smoke of a density in excess of Ringelmann No. 2 be emitted, provided that during fire-cleaning periods each stack may emit four minutes of smoke of a density of Ringelmann No. 3, and eight minutes of smoke of a density of Ringelmann No. 2, and during soot blowing periods eight minutes of smoke of a density of Ringelmann No. 2;

 

(b)   No emission of smoke or particulate matter shall exceed a density of Ringelmann No. 3, except for a plume consisting entirely of condensed steam.  For the purpose of grading the density of emission, the Ringelmann Chart published and used by the United States Bureau of Mines shall be employed;

 

(c)   The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed a net figure of eight pounds per acre of lot area during any one hour;

 

(d)   Dust and other forms of air pollution borne by the wind from such sources as storage areas, yards, roads and so forth, within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable means;

 

(e)   In addition to the performance standards specified herein, the emission of smoke or particulate matter in a manner or quantity as to be detrimental to or endanger the public health, safety, comfort or welfare is hereby declared to be a public nuisance;

 

(3)      The emission of odorous matter from any property in concentrations as to create a public nuisance or hazard beyond the boundaries of the property is prohibited;

 

(4)      Any process or equipment which produces intense earth-shaking vibrations, such as are created by heavy drop forges or heavy hydraulic surges, shall be set back at least 500 feet from the boundary of any residential, business, I‑1 or I‑2 district, unless the process or equipment is so controlled as to prevent the transmission beyond the district boundary of earthshaking vibrations perceptible without the aid of instruments.  However, in no case shall vibrations be allowed to create a public nuisance or hazard beyond the property lines;

 

(5)      No use on any property shall discharge across the boundaries of the property toxic or noxious matter in concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to other property or business;

 

(6)      Fire and explosive hazards shall be controlled as follows:

 

(a)  Activities involving the storage or manufacture of materials or products which decompose by detonation are not permitted in the I‑3 district unless licensed by the village.  However, in no case shall the materials or products be stored or manufactured within 200 feet of the boundary of any other district unless otherwise authorized;

 

98 Warren – Land Usage

 

 

(b)   The storage, utilization or manufacture of materials or products ranging from incombustible to fast-burning, as determined by the Zoning Administrator, or which produce flammable or explosive vapors or gases under ordinary weather temperature is permitted.  However, within 600 feet of the boundary of any other zoning district, the storage, utilization or manufacture of materials or products which produce flammable or explosive vapors or gases under ordinary weather temperature is not permitted with the exception of the following, which are permitted within 600 feet:

 

1.     Materials required for emergency or standby equipment;

 

2.     Materials used in secondary processes which are auxiliary to a principal operation, such as paint spraying of finished products; or

 

3.      Flammable liquids and oils stored, sold and used in connection with the operation of a motor vehicle service station and customarily required or used in the operation.

(>87 Code, ‘ 28‑30)

 

 

 

SIGN REGULATIONS

 

 

 151.100  PERMITTED SIGNS; ALL DISTRICTS.

 

Highway directional signs and markers shall be made and installed in accordance with the specifications of the village, announcing the locations which include, but are not limited to the following:

 

(A)      Service areas, automobile, food, lodging;

 

(B)      Public and quasi-public information signs; and

 

(C)      Business of business districts.

(>87 Code, ‘ 28‑36)

 

 

 151.101  PERMITTED SIGNS; AGRICULTURAL DISTRICTS.

 

The following non-flashing, non-illuminated signs, are allowed:

 

(A) Signs advertising the sale or rental of the property on which the sign is located, or the sale of agricultural products grown or produced on the property; and (However, no sign shall exceed 20 square feet in area.  However, no sign shall be placed closer than ten feet to the property line, provided the Zoning Administrator may require a greater setback or other location, so that the sign will not obstruct the view along any highway, at any intersection, private driveway, field entrance or other point of ingress or egress.)

 

         Zoning                99

 

 

(B)      Church bulletin boards, which shall not exceed 24 square feet in area.

(>87 Code, ‘ 28‑37)

 

 

 151.102  PERMITTED SIGNS; RESIDENTIAL DISTRICTS.

 

(A) In all residential districts, the following classes of signs are permitted in accordance with the regulations set forth herein:

 

(B)  Non-flashing, non-illuminated accessory signs:

 

(1)      Nameplates and identification signs, subject to the following:

 

(a)   For one- and two-family dwellings, there shall be not more than one nameplate, not exceeding six square feet in area, for each dwelling unit, indicating the name or address of the occupant or a permitted occupation;

 

(b)   For multiple-family dwellings, for apartment hotels and for buildings other than dwellings, a single identification sign not exceeding 12 square feet in area and indicating only the name and address of the building and the name of the management thereof may be displayed;

 

(c)   No sign shall project higher than one story or 15 feet above curb level, whichever is lower;

 

(d)   No sign shall project beyond the property line into the public way.

 

(2)      AFor sale@ and Ato rent@ signs, subject to the following:

 

(a)   There shall be not more than one sign per zoning lot, except that on a corner lot two signs, one facing each street, shall be permitted.  No sign shall exceed 12 square feet in area not be closer than eight feet to any other zoning lot;

 

(b)   No sign shall project beyond the property line into the public way;

 

(c)   No sign shall project higher than one story or 15 feet above curb level, whichever is lower.

 

(3)      Signs accessory to parking area, subject to the following:

 

(a)   Signs designating parking area entrances or exits are limited to one sign for each exit or entrance and to a maximum size of two square feet each.  One sign per parking area, designating the conditions of use or identity of the parking area and limited to a maximum size of nine square feet, shall be permitted.  On a corner lot, two signs, one facing each street shall be permitted;

 

 

 

 

2005 S-3

 

100 Warren – Land Usage

 

 

(b)   No sign shall project beyond the property line into the public way;

 

(c)   No sign shall project less than seven feet above the curb level.

 

(4)      Church bulletins, subject to the following:

 

(a)   There shall be not more than one sign per zoning lot, except that on a corner lot, two signs, one facing each street, shall be permitted;

 

(b)   No sign shall exceed 16 square feet in area nor be closer than eight feet to any other zoning lot;

 

(c)   No sign shall project beyond the property line into the public way;

 

(d)   No sign shall project higher than one story or 15 feet above curb level, whichever is lower.

(>87 Code, ‘ 28‑38)  (Ord. passed 10-12-04)

 

 

 151.103  PERMITTED SIGNS; BUSINESS DISTRICTS.

 

In all business districts, the following signs are permitted, subject to the requirements set forth hereinafter:

 

(A) All signs and nameplates permitted in the residential districts;

 

(B)  Signs and marquees, canopies and awnings;  (Restrictions imposed hereinafter on the projection of signs across property lines into the public way shall not apply, except in residential districts to signs located on marquees or canopies provided that any sign located on a marquee or canopy shall be affixed flat to the surface thereof and, further, that no sign shall extend vertically or horizontally beyond the limits of the marquee or canopy, except that individual, free-standing letters may project to a height not exceeding 24 inches above same.  Restrictions imposed herein on the projection of signs across property lines into the public way shall not apply except in residential district, to signs located on awnings, provided that any sign located on an awning shall be affixed flat to the surface thereof, shall be non-illuminated and non-flashing, and shall indicate only the name and address of the establishment on the premises.  Further, no sign shall extend vertically or horizontally beyond the limits of the awning.)

 

(C)  Signs on pylons, standards, clocks and supports;  (Signs, clocks or other advertising devices erected upon standards or separate supports shall be placed so as to be entirely within the property lines of the premises upon which it is located.  The maximum permitted height of signs on pylons, standards and supports on lots with a frontage of less than 80 feet shall be 20 feet.  On lots with a frontage exceeding 80 feet the maximum permitted height shall be 25% of the lot width on the principal street with a maximum height limit of 45 feet.  The surface area per face of any sign on a pylon, standard or support shall not exceed eight times the height in feet of the sign.)

 

 

 

2005 S-3

 

         Zoning              101

 

 

(D) Signs on masonry pylons;  (Signs may be placed on the face of a masonry pylon when the pylon is constructed as an integral part of the building and the pylon does not project above the roof line more than 12 feet and the type, design and construction of the pylon complies with all of the requirements herein and in the building code.)

 

(E)      Pasted or similar posted signs;  (No sign may be pasted or similarly posted directly on the surface of any wall.  Nor shall any sign be permitted to be placed on any wall, fence or standard facing the side of any adjoining lot located in a residential district.)

 

(F)  In all business districts, the permitted signs are subject to the following:

 

(1)      The gross area of a sign or signs on the front or rear wall of any principal building shall not exceed one-tenth of the area of the front face, including doors and windows, of the principal building.  The gross area of a sign or signs on a side wall of a principal building shall not exceed one-tenth of the area of the side wall, including doors and windows, of the principal building;

 

(2)      The sign or signs may front on the front, side or rear wall or walls of the principal building;

 

(3)      (a)  Signs suspended from any building shall not project more than 24 inches beyond the building line and the bottom of the signs shall not be less than ten feet above the finished grade of sidewalk.  Any sign projecting or suspended from a building shall not exceed 12 feet in height and its location and arrangement shall be subject to approval by the Zoning Administrator;

 

(b)   No sign except those suspended from buildings shall be erected or placed between the street line and the building line;

 

(4)      No sign shall project higher than 45 feet above curb level, and in no case shall a sign project higher than five feet above the roof line;

 

(5)      Signs shall be shaded whenever necessary to avoid casting bright light upon property located in any residential district.

 

(G)      Integrated centers; and (For integrated shopping centers in single ownership and management, or under unified control, one additional sign may be erected not exceeding the restrictions herein and identifying only the name and location of the integrated shopping center.)

 

(H) Signs accessory to automobile service stations.  The following signs accessory to automobile service stations are permitted, in addition to signs permitted hereunder:

 

(1)  Racks for the orderly display of cans of engine oil for convenience in dispensing the oil may be located on or at the ends of pump islands; limit of two to each island;

 

102 Warren – Land Usage

 

 

(2)      Two open portable tire racks, not more than seven feet in height, including signs, and six feet in length, on casters for the purpose of displaying new tire casings, shall be permitted for each gasoline or tire service station;

 

(3)      Items for sale on the premises may be openly displayed within ten feet of the principal building.  Products may be displayed under pump island canopies or between pumps within the area of the pump island base;

 

(4)      A sign may be painted on the inside and outside front door face of the closed tire rack but shall not be painted on the sides or rear.

(>87 Code, ‘ 28‑39)

 

 

 151.104  PERMITTED SIGNS; MANUFACTURING DISTRICTS.

 

The following signs are permitted, and shall be governed as follows:

 

(A) All signs and nameplates permitted in the business districts;

 

(B)      Billboards, advertising signs and poster panels having a sign area not exceeding 275 square feet;

 

(C)  The gross area in square feet of all signs on a zoning lot shall not exceed six times the lineal feet of frontage of the zoning lot, provided the gross area of flashing signs shall not exceed three times the lineal feet of frontage of the lot;

 

(D) No sign shall project higher than 45 feet above the ground level beneath it;

 

(E)  No advertising sign shall be located within 500 feet of any public park of more than five acres in area, or any freeways, expressways and tollroads designated as such in the records of the governing authorities;

 

(F)  No advertising sign shall be located within 75 feet of any property located in a residential district.

(>87 Code, ‘ 28‑40)  Penalty, see ‘ 10.99

 

 

 151.105  SIGN PERMITS.

 

No person shall construct, erect or place a sign without first filing with the Zoning Administrator a written application and obtaining a permit therefor.  The application shall contain all information and drawings as may be required by the Administrator.

(>87 Code, ‘ 28‑41)  Penalty, see ‘ 10.99

 

 

         Zoning              103

 

 

GENERAL OFF-STREET PARKING AND LOADING PROVISIONS

 

 

 151.115  PURPOSE.

 

The purpose of this section is to alleviate or prevent the congestion of the public streets, and so promote the safety and welfare of the public by establishing minimum requirements for the off-street parking and loading and unloading of motor vehicles in accordance with the use to which property is put.

(>87 Code, ‘ 28‑45)

 

 

 151.116  SCOPE AND REGULATIONS.

 

(A) The off-street parking and loading provisions of this chapter shall apply as follows:

 

(1)      For all buildings and structures erected and all uses of land established after the effective date of this chapter, accessory parking and loading facilities shall be provided as required by the regulations of the district in which the buildings or uses are located.  However, where a building permit has been issued prior to the effective date of the ordinance, and provided that construction is begun within one year of the effective date, and diligently prosecuted to completion, parking and loading facilities as required hereinafter need not be provided.

 

(2)      When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other unit of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for the increase in intensity of use.  However, no building or structure lawfully erected or use lawfully established prior to the effective date of this chapter shall be required to provide additional parking or loading facilities unless and until the aggregate increases in units of measurement shall equal not less than 15% of the unit of measurement existing upon the effective date of this chapter, in which event parking or loading facilities as required herein shall be provided for the total increase.

 

(3)      Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for the new use.  However, if the building or structure was erected prior to the effective date of this chapter, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this chapter.

 

(B)  Accessory off-street parking or loading facilities which are located on the same lot as the building or use served and which were in existence on the effective date of this chapter or were provided voluntarily after the effective date shall not hereafter be reduced below, or if already less than, shall not further be reduced below, the requirements of this chapter for a similar new building or use.

 

104 Warren – Land Usage

 

 

(C)      Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings provided that all regulations herein governing the location, design, improvement and operation of the facilities are adhered to.

 

(D) For any conforming or legally nonconforming building or use which is in existence on the effective date of this chapter, which subsequent thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, reestablished or repaired, off-street parking or loading facilities equivalent to any maintained at the time of the damage or destruction shall be restored or continued in operation.  However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this chapter for equivalent new uses or construction.

 

(E)  (1)      When required parking facilities are provided on land other than the zoning lot on which the building or use served by the facilities is located, they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are accessory.  No off-site parking facilities shall be authorized and no occupancy permit shall be issued where the plans call for parking facilities other than on the same zoning lot until and unless the Board of Appeals has reviewed the plans and heard the applicant and made findings that the common ownership or possession of the zoning lot and the site of the parking facilities are reasonably certain to continue and that the off-site parking facilities will be maintained at all times during the life of the proposed use or building.

 

(2)      Any application for a building permit or for a certificate of occupancy where no building permit is required, shall include therewith a plot plan drawn to scale and fully dimensioned showing any parking or loading facilities to be provided in compliance with this chapter.

(>87 Code, ‘ 28‑46)

 

 

 

OFF-STREET PARKING

 

 

 151.130  USE OF PARKING FACILITIES.

 

(A) Off-street parking facilities accessory to residential use and developed in any residential district in accordance with the requirements of this section shall be used solely for the parking of passenger automobiles owned by occupants of the dwelling structures to which the facilities are accessory or by guests of the occupants.

 

(B)      Under no circumstances shall required parking facilities accessory to residential structures be used for the parking of automobiles belonging to the employees, owners, tenants, visitors or customers of business or manufacturing establishments.

(>87 Code, ‘ 28‑47)

 

         Zoning              105

 

 

 151.131  JOINT PARKING FACILITIES.

 

Off-street parking facilities for different buildings, structures or uses, or for mixed uses, may be provided collectively in any zoning district in which separate parking facilities for each constituent use would be permitted, provided that the total number of spaces so located together shall not be less than the sum of the separate requirements for each use.

(>87 Code, ‘ 28‑47)

 

 

 151.132  COMPUTATION.

 

When determination of the number of off-street parking spaces required by this chapter results in a requirement of a fractional space, any fraction of one-half or less may be disregarded while a fraction in excess of one-half shall be counted as one parking space.

(>87 Code, ‘ 28‑47)

 

 

 151.133  SIZE.

 

A required off-street parking space shall be at least 8_ feet in width and at least 20 feet in length, exclusive of access drives or aisles, ramps, columns or office or work areas.  The space shall have a vertical clearance of at least seven feet.

(>87 Code, ‘ 28‑47)

 

 

 151.134  ACCESS.

 

Each required off-street parking space shall open directly upon an aisle or driveway of the width and design as to provide safe and efficient means of vehicular access to the parking space.  All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.  No driveway across public property nor curb cut shall exceed a width of 30 feet.

(>87 Code, ‘ 28‑47)

 

 

 151.135  LOCATION.

 

(A) Off-street parking spaces may be located in any yard, except required front yards.

 

(B)  No person, firm or corporation shall park, deposit, leave or store any motor vehicle or tangible personal property of any type or description at any time between the sidewalk line and curb line at any place within the village.

(>87 Code, ‘ 28‑47)

 

106 Warren – Land Usage

 

 

 151.136  DESIGN AND MAINTENANCE.

 

(A)      Accessory parking spaces located on the same lot as occupied by the use served may be open to the sky or enclosed in a building.  Accessory parking spaces located in a residence district elsewhere than on the lot occupied by the use served shall be open to the sky, except when other wise allowed as a special use.

 

(B)  All open off-street parking areas and driveways shall be improved with a four-inch base of compacted gravel or equivalent.

 

(C)  All open automobile parking areas containing more than four parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residence district or any institutional premises by a wall, fence or densely planted compact hedge not less than five feet in height. The required screening shall conform with the front and side yard setback requirements of the district in which the parking is located.

 

(D) Any lighting used to illuminate off-street parking areas shall be directed away from residential properties in a way as not to create a nuisance.

 

(E)      Accessory signs are permitted on parking areas.

 

(F)  (1)      No motor vehicle repair work of any kind shall be permitted in conjunction with accessory off-street parking facilities provided in a residential district.

 

(2)      The sale of gasoline and motor oil in conjunction with accessory off-street parking facilities is not permitted in any residential district.

(>87 Code, ‘ 28‑47)  Penalty, see ‘ 10.99

 

 

 151.137  FLOOR AREA EXEMPTION.

 

When two or more uses are located on the same zoning lot, only one exemption in terms of floor area, as set forth in ‘ 151.139, shall be taken.

(>87 Code, ‘ 28‑47)

 

 

 151.138  LOCATION OF ACCESSORY OFF-STREET FACILITIES.

 

(A) The location of off-street parking spaces in relation to the use served shall be as prescribed hereinafter.

 

(B)  All distances specified shall be walking distances between the parking spaces and a main entrance to the use served.

 

         Zoning              107

 

 

(1)      Residential district.  Parking spaces accessory to dwellings shall be located on the same zoning lot as the use served.  Spaces accessory to uses other than dwellings may be located on a lot adjacent to, or directly across a street or alley from, the lot occupied by the use served, but in no case at a distance in excess of 300 feet from such use.

 

(2)      Business and manufacturing districts.  All required parking spaces shall be within 1,000 feet of the use served, except for spaces accessory to dwelling units, except those located in a transient hotel, which shall be within 300 feet of the use served.  However, no parking spaces accessory to a use in a business or manufacturing district shall be located in a residence, except that private, free, off-street parking accessory to the uses and municipal parking lots may be allowed by special use permit in accordance with the administrative section within 200 feet of and adjacent to any business or industrial district.

(>87 Code, ‘ 28‑47)

 

 

 151.139  SCHEDULE OF PARKING REQUIREMENTS.

 

(A) For the following uses, accessory off-street parking spaces shall be provided as required hereinafter.

 

(B)      Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time.

 

(1)      Residential uses:

 

(a)   One-family dwellings and two-family dwellings:  two parking spaces shall be provided for each dwelling unit;

 

(b)   Multiple-family dwellings, including apartment hotels:  three parking spaces shall be provided for every two dwelling units.  For lodging rooms located in an apartment hotel:  one parking space shall be provided for each two lodging rooms;

 

(c)   Tourist courts, tourist homes, motels and motor hotels:  one parking space shall be provided for each dwelling unit or lodging room;

 

(d)   Hotels, transient:  one parking space for each dwelling unit and one parking space for each two lodging rooms shall be provided;

 

(e)   Lodging houses:  one parking space shall be provided for each two lodging rooms, plus one space for the owner or manager;

 

(f)   Private clubs and lodges with sleeping facilities for guests:  one parking space shall be provided for each two lodging rooms plus parking spaces equal in number to 10% of the capacity in persons, exclusive of lodging room capacity, of the club or lodge;

 

108 Warren – Land Usage

 

 

(g)   House trailer camps:  one parking space shall be provided for each trailer space.

 

(2)      Retail and service uses:

 

(a)   Retail stores and banks:  one parking space shall be provided for each 200 square feet of floor area in access of 2,000 square feet.  Drive-in banks or other similar drive-in establishments:  three stacking spaces per teller or customer service window;

 

(b)      Automobile service stations:  one parking space shall be provided for each two employees;

 

(c)      Automobile laundry:  20 stacking spaces shall be provided for each wash rack, plus one parking space for each four employees;

 

(d)   Bowling alleys:  three parking spaces shall be provided for each alley, plus additional spaces as may be required herein for affiliated uses, such as bars, restaurants and the like;

 

(e)      Establishments dispensing food and beverages for consumption on the premises:  one parking space shall be provided for each 300 square feet of floor area;

 

(f)     Furniture and appliance stores, household equipment or furniture repair shops:  one parking space shall be provided for each 600 square feet of floor area in excess of 2,000 square feet;

 

(g)   Motor vehicle sales and machinery sales:  one parking space shall be provided for each 300 square feet of floor area;

 

(h)   Theaters, indoors:  one parking space shall be provided for each five seats;

 

(i)      Undertaking establishments, funeral parlors:  six parking spaces shall be provided for each chapel or parlor, plus one parking space for each funeral vehicle kept on the premises.

 

(3)      Offices, business, professional and governmental:  one parking space shall be provided for each 200 square feet of floor area.

 

(4)      Wholesale establishments, but not including warehouses and storage buildings other than accessory:  one parking space shall be provided for each 600 square feet of floor area in excess of 4,000 square feet.

 

(5)      Establishments engaged in production, processing, cleaning, servicing, testing or repair of materials, goods or products:  one parking space shall be provided for each two employees, plus one parking space for each vehicle used in the conduct of the enterprise.

 

         Zoning              109

 

 

(6)      Warehouses and storage buildings:  one parking space shall be provided for each two employees, plus one space for each vehicle used in the conduct of the enterprise.

 

(7)      Community service uses:

 

(a)   Church, school, college and other institutional auditoriums:  one parking space shall be provided for each three auditorium seats.  Adequate space shall also be provided for buses used in connection with the activities of the institution, and all loading and unloading of passengers shall take place upon the premises;

 

(b)   Colleges, universities and business, professional and trade schools:  one parking space shall be provided for each three employees and one parking space shall be provided for each four students based on the maximum number of students attending classes on the premises at any one time during any 24‑hour period;

 

(c)   Health centers, government-operated:  three parking spaces shall be provided for each staff and visiting doctor;

 

(d)   Hospitals:  one parking space shall be provided for each two hospital beds, plus one parking space for each two employees, other than staff doctors, plus one parking space for each doctor assigned to the staff;

 

(e)   Libraries, art galleries and museums, public:  one parking space shall be provided for each 1,000 square feet of gross floor area;

 

(f)     Municipal or privately owned recreation buildings or community centers:  one parking space shall be provided for each two employees, plus spaces adequate in number, as determined by the Zoning Administrator, to serve the public;

 

(g)   Public utility and public service uses:  one parking space shall be provided for each three employees, plus spaces adequate in number, as determined by the Zoning Administrator, to serve the public;

 

(h)   Schools, nursery, elementary and high:  one parking space shall be provided for each employee, with additional parking spaces, as determined by the Administrator;

 

(i)     Places of assembly, stadiums, arenas, auditoriums, other than church, college or institutional school, convention halls, dance halls exhibition halls, skating rinks and other similar places or assembly:  parking spaces equal in number to 25% of the capacity in persons shall be provided;

 

(j)      Miscellaneous uses, as follows:

 

1.      Fraternities, sororities and dormitories:  one parking space shall be provided for each five active members, plus one parking space for the manager thereof;

 

110 Warren – Land Usage

 

 

2.      Institutions for the care of the mentally ill or disabled:  one parking space shall be provided for each staff doctor, plus spaces adequate in number, as determined by the Zoning Administrator, to serve the visiting public;

 

3.     Private clubs and lodges, without sleeping facilities for guests:  parking spaces equal in number to 10% of the capacity in persons shall be provided;

 

4.     Rest homes and nursing homes:  one parking space shall be provided for each four beds, plus one parking space for each two employees, other than staff doctors, plus one parking space for each doctor assigned to the staff;

 

5.      Sanitariums, convalescent homes or institutions for the aged or for children:  one parking space shall be provided for each four beds, plus one parking space for each two employees, other than staff doctors, plus one parking space for each doctor assigned to the staff;

 

6.     Theaters, automobile drive-in:  reservoir parking space equal to 10% of the vehicle capacity of the theaters shall be provided;

 

7.     For the following uses, parking spaces shall be provided in adequate numbers, as determined by the Zoning Administrator, to serve persons employed or residing on the premises as well as the visiting public:

 

a.     Airports or aircraft landing fields; heliports;

 

b.     Convents and monasteries;

 

c.      Crematories and mausoleums;

 

d.     Fraternal or religious institutions;

 

e.     Outdoor amusement establishments, fairgrounds, permanent carnivals, kiddie parks and other similar amusement centers;

 

f.     Penal and correctional institutions;

 

g.     Rectories and parish houses; and

 

h.      Swimming pools.

 

(k)  When two or more uses are located on the same zoning lot within the same building, parking spaces equal in number to the sum of the separate requirements for each use shall be provided. No parking space or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the Board of Appeals.

 

         Zoning              111

 

 

(l)     For uses not listed heretofore in this schedule of parking requirements, parking spaces shall be provided on the same basis as required for the most similar listed use, or as determined by the Zoning Administrator.

(>87 Code, ‘ 28‑47)

 

 

 

OFF-STREET LOADING

 

 

 151.150  OFF-STREET LOADING FACILITIES LOCATION.

 

(A) All required loading berths shall be located on the same zoning lot as the use served.  No loading berth for vehicles over two-tons capacity shall be closer than 50 feet to any property in a residential district unless completely enclosed by building walls, or a uniformly painted solid fence or wall, or any combination thereof, not less than six feet in height.

 

(B)  No permitted or required loading berth shall be located within 25 feet of the nearest point of intersection of any two streets.

(>87 Code, ‘ 28‑48)

 

 

 151.151  SIZE.

 

Unless otherwise specified, a required loading berth shall be at least ten feet in width by at least 25 feet in length, exclusive of aisles and maneuvering space, and shall have a vertical clearance of at least 14 feet.

(>87 Code, ‘ 28‑48)

 

 

 151.152  ACCESS.

 

Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements.

(>87 Code, ‘ 28‑48)

 

 

 151.153  SURFACING.

 

All open off-street loading berths shall be improved with a compacted macadam base, not less than seven inches thick, surfaced with not less than two inches of asphaltic concrete or some comparable all-weather dustless material.

(>87 Code, ‘ 28‑48)

 

112 Warren – Land Usage

 

 

 151.154  REPAIR AND SERVICE.

 

No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence or business districts.

(>87 Code, ‘ 28‑48)  Penalty, see ‘ 10.99

 

 

 151.155  SCHEDULE OF LOADING REQUIREMENTS.

 

(A) Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

 

(B)  For special uses other than prescribed for hereinafter, loading berths adequate in number and size to serve the uses, as determined by the Zoning Administrator, shall be provided.

 

(C)  Uses for which off-street loading facilities are required herein but which are located in buildings of less floor area than the minimum prescribed for the required facilities shall be provided with adequate receiving facilities off any adjacent alley, service drive or open space on the same lot which is accessible by motor vehicle.

 

(D) For the uses listed herein, off-street loading berths shall be provided on the basis of gross floor area of building or portions thereof devoted to the uses in the amounts shown herein.

 

 

Use

 

Gross Floor Area in Square Feet

 

Required Minimum Horizontal Dimensions of Berths

 

Auditoriums, convention halls, exhibition halls, sports arenas, stadiums

 

10,000 to 20,000

20,000 to 100,000

 

1‑(10 ft. x 25 ft.)

 

Banks and offices, business, professional and governmental

 

10,000 to 100,00

For each additional 1000,000 or fraction thereof

For each additional 500,000 or fraction thereof

 

1‑(10 ft. x 25 ft.)

One additional,

(10 ft. x 50 ft.)

One additional,

(10 ft. x 25 ft.)

 

Bowling alleys

 

For each additional 100,000 or fraction thereof

 

One additional,

(10 ft. x 50 ft.)

 

Establishments dispensing food or beverages for consumption on the premises

 

10,000 to 25,000

25,000 to 40,000

 

2‑(10 ft. x 25 ft.) each

2‑(10 ft. x 50 ft.) each

 

 

Establishments engaged in production, cleaning, servicing, testing or repair of materials, goods or products

 

5,000 to 10,000

10,000 to 40,000

40,000 to 100,00

 

1‑(10 ft. x 25 ft.)

1‑(10 ft. x 50 ft.)

2‑(10 ft. x 50 ft.)

 

             Zoning                   113

 

 

 

Use

 

Gross Floor Area in Square Feet

 

Required Minimum Horizontal Dimensions of Berths

 

Hospitals, sanitariums and other institutional uses

 

10,000 to 200,000

 

1‑(10 ft. x 25 ft.)

 

Hotels, clubs and lodges, except as set forth herein

 

For each additional 200,000 or fraction thereof

 

One additional,

(10 ft. x 25 ft.)

 

Hotels, clubs and lodges when containing any of the following:  retail shops, convention halls, auditoriums, exhibition halls or business or professional offices, other than accessory

 

10,000 to 20,000

20,000 to 150,000

For each additional 150,000 or fraction thereof

 

1‑(10 ft. x 25 ft.)

1‑(10 ft. x 50 ft.)

One additional,

(10 ft. x 50 ft.)

 

Motor vehicle and machinery sales

 

40,000 to 100,000

 

3‑(10 ft. x 50 ft.) each

 

Retail stores

 

5,000 to 10,000

 

1‑(10 ft. x 25 ft.)

 

Theaters

 

8,000 to 25,000

For each additional 50,000 or fraction thereof

 

1‑(10 ft. x 25 ft.)

One additional,

(10 ft. x 25 ft.)

 

Undertaking establishments and funeral parlors

 

8,000 to 100,000

For each additional 100,000 or fraction thereof

 

1‑(10 ft. x 25 ft.)

One additional,

( 10 ft. x 25 ft.)

 

Warehouse and storage buildings

 

For each additional 100,000 or fraction thereof

 

One additional,

(10 ft. x 25 ft.)

 

Wholesale establishments, but not including warehouse and storage buildings other than accessory

 

For each additional 200,000 or fraction thereof

 

One additional,

(10 ft. x 50 ft.)

 

(>87 Code, ‘ 28‑48)

 

 

 

PERMITS AND CERTIFICATES

 

 

 151.165  BUILDING PERMITS.

 

(A) No person shall construct, alter, repair, remove or demolish, or commence the construction, alteration, removal or demolition of a building, structure, sign or bulletin board without first filing with the Zoning Administrator an application in writing and obtaining a building permit.

 

114 Warren – Land Usage

 

 

(B)  There shall also be filed a plot diagram and building plans in a form and size suitable for filing permanently, drawn to scale, with all dimensions figured, showing accurately the size and exact location of all proposed new construction, alteration or repair; or, in the case of demolition, of the construction as is to be demolished, and all of existing buildings and structure that are to remain.

 

(C)  All provisions for building permits, certificates of occupancy, plans and plot drawings and permit fees are waived for farm buildings, except as follows:

 

(1)      Building permits shall be required for permanent farm buildings, the foundations of which are imbedded in the earth;

 

(2)      Only information sufficient to show that the structure is a farm building and is the required distance from a street or highway need be furnished;

 

(3)      Where a permit is required no fee need be paid.

 

(D) A building permit issued under this section shall remain valid for a period of one year from the date of issuance and shall expire automatically at the end of the one-year period.

 

(E)  A building permit may be successively renewed for a term of six months on the following terms:

 

(1)      Payment to the village of a $100 filing fee; and

 

(2)      Certification by the Zoning Administrator that substantial and satisfactory progress has been made on the construction or demolition.

 

(F)  Any person who constructs, alters, repairs, removes or demolishes a building or structure without a valid building permit in effect shall be fined.

(>87 Code, ‘ 28‑54)  (Am. Ord. passed 10‑23‑89)  Penalty, see ‘ 10.99

 

 

 151.166  CERTIFICATES OF COMPLIANCE.

 

(A) No building or structure hereafter erected or structurally altered shall be occupied and used until a certificate of compliance has been issued by the Village Engineer or Zoning Administrator.  The certificate of compliance shall be issued only after the Village Engineer or Zoning Administrator makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions herein and other health and building laws and in accordance with a building permit.

 

(B)      Certificates of compliance shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection and alteration of the building shall have been satisfactorily completed.  A record of all certificates shall be kept on file in the office of the Village

 

         Zoning              115

 

 

Clerk and copies shall be furnished, on request to any person having a proprietary or tenancy interest in the building affected.

(>87 Code, ‘ 28‑55)

 

 

 151.167  CERTIFICATES OF OCCUPANCY.

 

(A)      Certificate of occupancy for a new building or the reconstruction or alteration of an existing building shall be applied for coincident with the application for a building permit and the certificate shall be issued within three days after the request for same shall have been made in writing to the Village Engineer or Zoning Administrator after the erection or alteration of the building or part thereof shall have been completed in conformity with the provisions of these regulations.  Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Village Engineer or Zoning Administrator for a period not exceeding one year, during the completion of alterations or during partial occupancy of a building pending its completion.  The temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the village relating to the use or occupancy of the premises or any other matter covered by this chapter, and the temporary certificate shall not be issued, except under the restrictions and provisions as will adequately insure the safety of the occupants.

 

(B)      Certificate of occupancy for the use of vacant land or the change in the character of the use of land as herein provided, shall be applied for before the land shall be occupied or used, and a certificate of occupancy shall be issued within three days after the application has been made, provided the use is in conformity with the provisions of these regulations.

 

(C)      Certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of these regulations.  A record of all certificates shall be kept on file in the office of the Village Clerk and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected.  No fee shall be charged for a certificate of occupancy.  No permit for excavation for any building shall be issued before application has been made for certificate of occupancy.

 

(D)      Certificates for the continued occupancy of non-continued occupancy of nonconforming uses existing at the time of passage of this chapter, or made nonconforming by this chapter, shall state that the use is a nonconforming one and does not conform with the provisions of this chapter.  The Zoning Administrator shall notify the owners of the property being used as a nonconforming use and shall furnish the owner with a certificate of occupancy for the nonconforming use.

 

(E)  No change shall be made in the use of a building or part thereof, now or hereafter erected or structurally altered, or in the use of land now or hereafter occupied, without a use permit having first been issued by the Village or Zoning Administrator.  No use permit shall be issued to make the change unless it is in conformity with the provisions herein and amendments hereto, hereafter duly enacted.

 

116 Warren – Land Usage

 

 

(F)      Nothing herein shall prevent the continuance of the present lawful occupancy or lawful use of any existing building or zoning lot, except as may be necessary for the safety of life and property and except as provided herein.

(>87 Code, ‘ 28‑56)

 

 

 

ADMINISTRATION AND ENFORCEMENT

 

 

 151.180  ZONING ADMINISTRATOR.

 

(A) The Zoning Administrator shall be in charge of the administration and enforcement of this chapter.

 

(B)  The Zoning Administrator shall:

 

(1)      Receive applications required, approve permits and furnish certificates, all in his or her judgement and discretion;

 

(2)      Examine premises for which permits have been issued and make necessary inspections to determine compliance;

 

(3)      When requested by the President, Village Board or Administrative Agency, or when the interest of the village so requires, make investigations and render written reports;

 

(4)      Issue the notices or orders as may be necessary;

 

(5)      Adopt rules consistent with this division;

 

(6)      Keep careful and comprehensive records of applications, permits, certificates, inspections, reports, notices, orders and all localized actions of the administrative agencies and Village Board and shall file the same permanently by street address;

 

(7)      Keep all records open to public inspection, at reasonable hours, but not for removal from his or her office;

 

(8)      Report to the President of the Board at least once each month as to permits and certificates issued and orders promulgated;

 

(9)  Request and receive the assistance and cooperation of the Police Department, the Legal Department and of other village officials;

 

         Zoning              117

 

 

    (10)      Inform the Legal Department of all violations and all other matters requiring prosecution or legal action;

 

    (11)      Be entitled to rely upon any opinion of the Legal Department as to the interpretation of this division, or the legal application of this division to any factual situation; and

 

    (12)      Discharge other duties as may be placed upon him or her hereby.

(>87 Code, ‘ 28‑61)

 

 

 151.181  ADMINISTRATIVE AGENCIES.

 

(A) (1)      The administrative agencies before which appeals from a decision of the Zoning Administrator and all applications for special permit, variations, amendments and other matters concerned with the division, shall be heard, and which shall furnish recommendations to the Village Board or the Zoning Board of Appeals.

 

(2)      The Board of Appeals shall have jurisdiction over all matters and procedures involving appeals, over all permits, variations and regulations.

 

(B)  (1)      A Zoning Board of Appeals is established, to consist of the Village Board or Board of Appeals appointed by the Village Board to consist of not less than seven members.  The members shall be appointed by the President subject to confirmation by the Village Board.  The Village Board may remove any member of the Board for cause, after public hearing.  Vacancies shall be filled for the unexpired term.

 

(2)      One of the members shall be named as Chairperson by the President at the time of his or her appointment and shall hold office as Chairperson until his or her successor is appointed, there shall also be appointed the Secretary, in charge of the minutes of the meeting.

 

(3)      Each member shall serve for a term of four years.  The term of each member of the present Board shall continue for the full term of his or her appointment.

 

(4)      All meetings of the Board shall be open to the public and shall be held at the call of the Chairperson and at other times as the Board may determine.  The Chairperson or Acting Chairperson may administer oaths and compel the attendance of witnesses.

 

(5)      The Board may make rules and regulations to govern its proceedings and to carry into effect the provisions of this division.

 

(6)  The Board shall keep minutes of its proceedings, showing the vote of each member upon every question or if absent or failing to vote, indicating that fact, and shall also keep records of its hearing, examinations and other official actions.

 

118 Warren – Land Usage

 

 

(7)      The concurring vote of four members of the Board shall be necessary for any decision in favor of an appellant or applicant, as provided in ILCS Ch. 65, Act 5, ‘ 11‑13‑3(g).

 

(C)      Every rule, regulation or amendment or repeal thereof, and every order, action, requirement, decision, certificate or determination of either administrative agency shall immediately be filed in its office and in the Office of the Zoning Administrator, and shall be a public record.

(>87 Code, ‘ 28‑62)

 

 

 151.182  APPEALS.

 

(A) An appeal from any order, requirement, decision or determination made by any administrative official, department, board or commission of the village charged with the enforcement hereof may be taken by any person aggrieved.

 

(B)  The Board of Appeals may reverse or affirm, wholly or partly, or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the Board may decide to be fitting and proper in the premises, and to that end, the Board shall also have all the powers of the officer, board or commission from whom the appeal is taken.

(>87 Code, ‘ 28‑66)

 

 

 151.183  VARIATIONS.

 

The Village Board may authorize variations of, and exceptions to, the strict and literal application of the terms, regulations and requirements hereof as are in harmony with its general purpose and intent, as in the following instances:

 

(A)      Where the district boundary line divides a lot in single ownership;

 

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

 

(C)      Where the street layout actually varies from the layout shown on the district map;

 

(D)      Where the conditions upon which the requested variation is based would not be applicable generally to other properties within the same zoning classification; and

 

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

(>87 Code, ‘ 28‑67)

 

         Zoning              119

 

 

 151.184  SPECIAL PERMITS.

 

The Village Board may issue special permits for certain uses, activities and construction as provided herein.

 

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

 

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

 

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

 

(B)  Prior to the granting of any special use permit or variation, the Village Board shall stipulate conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use permit or variation as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein.  In all cases in which special use permits or variations are granted, the Village Board shall require evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.

 

(C)  No application for a special use permit or variation which has been denied wholly or in part by the Village Board shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the Village Board.

(>87 Code, ‘ 28‑68)

 

 

 151.185  PLANNED DEVELOPMENTS.

 

(A)      Planned developments are of a substantially different character from other special use variations that specific and additional standards and exceptions are hereby established to govern the recommendations of the Village Board.

 

(B)  In the case of residential, business or manufacturing planned developments, the Village Board may authorize, that there be in part of the area of the development and for the district in which the development is located, provided the Village Board shall find:

 

120 Warren – Land Usage

 

 

(1)      The uses permitted by the variation are necessary or desirable and are appropriate with respect to the primary purpose of the development;

 

(2)      The uses permitted by the special use permit or variation are not of a nature or so located as to exercise a detrimental influence on the surrounding neighborhood;

 

(3)      Not more than 20% of the ground area of the development shall be devoted to the uses permitted by the special use permit or variation;

 

(4)      In a manufacturing planned development, additional uses allowed by use variations shall conform with the performance standards of the district in which the development is located, as set forth herein; and

 

(5)      The special use permit or variation so allowed is reflected by the appropriate zoning district symbols and so recorded on the zoning district map.

 

(C)  In the case of any planned developments, the Village Board may authorize variations to the applicable bulk regulations hereof within the boundaries of the development, provided that the Board shall find:

 

(1)      The variation shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents of or occupants of the development, as well as of neighboring properties, than would be obtained under the bulk regulations of the zoning ordinance for buildings developed on separate zoning lots.

 

(2)      The overall minimum lot area or maximum lot coverage of a residential planned development would not exceed by more than 15% the requirements for individual uses in the district in which the planned development is located.

 

(3)      The minimum lot area per dwelling unit requirements herein shall not be decreased by more than 15% in any development containing residential uses, and that there shall be available to each residential building and immediately adjacent thereto, including the land area upon which it is erected, the minimum amount of land area required for the building under the lot area per dwelling unit provisions of this chapter.

 

(4)      The spacing between principal building shall be at least equivalent to the spacing as would be required between buildings similarly developed under the terms of the ordinance on separate zoning lots, due consideration being given to the openness normally afforded by intervening alleys and streets.

 

(5)      Along the periphery of the planned developments, yards shall be provided as required by the regulations of the district in which the development is located.

 

(D) In a planned business development, the following additional requirements are hereby specified:

 

         Zoning              121

 

 

(1)      All buildings shall be set back not less than 30 feet from all streets bounding the site;

 

(2)      Required off-street parking space shall be provided in the ratio of not less than three square feet of parking space for each square foot of gross floor area;

 

(3)      All streets, parking areas and walks within the planned development shall be paved with a hard surfaced material meeting the specifications of the Village Engineer;

 

(4)      Any part of the planned development not used for buildings or other structures, loading and access ways shall be landscaped with grass, trees, shrubs or pedestrian walkways;

 

(5)      The buildings in the planned development shall be designed and built as a whole, unified and single project.

(>87 Code, ‘ 28‑69)

 

 

 151.186  AMENDMENTS.

 

Amendments hereto may be proposed by the Village Board on its own action, by either of the administrative agencies, by any officer, board or commission of the village or by any individual.

(>87 Code, ‘ 28‑70)

 

 

 151.187  STANDARDS FOR GRANTING APPLICATIONS.

 

(A) Relief under any of the preceding forms of action may be granted:

 

(1)      To prevent undue hardship;

 

(2)      To permit reasonable use of property;

 

(3)  If it will alleviate some demonstrable practical and peculiar difficulty to the satisfaction of applicant as approved by the Zoning Administrator;

 

(4)      For public or private convenience and necessity, not as a matter of absolute necessity but of reasonable need and expediency;

 

(5)      When the plight of the applicant is due to unique circumstances;

 

(6)  If denial would amount to a practical confiscation of property as distinguished from mere inconvenience;

 

(7)  If its primary function and purpose is not to produce a monopoly in the area;

 

122 Warren – Land Usage

 

 

(8)      Not merely as a matter of economic convenience or advantage;

 

(9)      Only in a manner as to minimize the effect of the relief upon adjacent property and to preserve the essential character of the area;

 

    (10)  Only if it may be done without substantial detriment to the public good;

 

    (11)  Only if it may be done without substantially impairing the general purpose and intent hereof;

 

    (12)      Only if it may be done without substantial adverse effect upon traffic conditions, property values, public utility service, schools, parks, recreational facilities and other matters pertaining to the public health, safety and welfare;

 

    (13)  If it will not unduly increase the population or intensity of land use of the area;

 

    (14)      Only if such of the above standards as are pertinent and applicable are answerable in a manner favorable to the application;

 

    (15)      Only if it will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district; and/or

 

    (16)      Only if adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.

 

(B)  The construction, use, occupancy and enjoyment of the variation, special permit or other authority granted upon application shall be, at all times after issuance, in strict accordance with, and limited by, the written proposals, description of use, building plans, sketches and maps forming a part of, and retained with, the application, and all restrictions issued with the grant.

(>87 Code, ‘ 28‑71)

 

 

 151.188  EXPIRATION OF AUTHORIZATION.

 

If no work, construction or use has begun within six months after the granting of a variation, special permit or other authority, the authorization shall expire and terminate by limitation automatically.

(>87 Code, ‘ 28‑72)

 

 

 151.189  ZONING BOARD OF APPEALS.

 

(A) On appeal, the appellant shall file a notice of appeal within ten days after the decision appealed from as provided by ILCS Ch. 65, Act 5, ‘ 11‑13‑12, and, if a private individual, shall pay the Zoning Administrator a fee of $10.

 

         Zoning              123

 

 

(B)  Upon the hearing of an appeal the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination.  It shall have all the powers of the Officer or Board from whom the appeal is taken, but shall not have any greater power.  All decisions of the Board on appeal shall be final, subject to the provisions for judicial review as provided in ILCS Ch. 65, Act 5, ‘ 11‑13‑13.

 

(C)  An appeal shall stay all action in furtherance of the order or decision appealed from unless the officer from whom the appeal is taken certifies to the Board that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property.  In this event, the proceedings shall not be stayed otherwise than by a court of record or by order of the Board of Appeals.

 

(D) (1)      The Board of Appeals shall fix a reasonable time and place for the hearing of appeals and shall give notice thereof to the persons appealing and to the officer from whom the appeal is taken.  It shall hear the appeal within a reasonable time.

 

(2)      At the hearing, parties may appear in person or by agent or attorney.

(>87 Code, ‘ 28‑76)

 

 

 151.190  VARIATIONS, PERMITS AND THE LIKE.

 

(A) The owner, lessee, or contract vendee of any lot or tract, or any officer, department, board or commission of the village, desiring a variation, special permit, planned development or amendment shall file with the Zoning Administrator or Clerk an appropriate verified petition, with all necessary supporting data or documents, and if not a Village Officer or agency, shall pay a filing fee of $15.

 

(B)  The petition shall set forth the legal description of the land, the name of the streets nearest on each side thereof, the street number of the lot, and the side of the street on which the property fronts by approximate compass direction.

 

(C)  The petition shall be forthwith referred, by the Clerk or Administrator, to the administrative agency having jurisdiction for public hearing, investigation, recommendation and report.

 

(D) The Zoning Administrator through the Village Clerk, shall, at each Board meeting, publicly report to the Village Board all petitions thus received and referred since the last Board meeting, by name of petitioner, location of premises and type of request or relief prayed.

 

(E)  Notice of the time and place of the hearing shall be given by publication, to be paid by the petitioner, in the official newspaper of the village, not more than 30 nor less than 15 days before the hearing.  The notice shall describe the real estate, give the street address and state with particularity the relief desired and the section or regulation involved.

 

124 Warren – Land Usage

 

 

(F)  All decisions of the administrative agency on variations, special permits, planned developments or amendments shall be put in the form of a report and recommendation, with adequate and detailed findings of fact, and shall be filed, with the petition and all supporting documents, with the Village Clerk for the appropriate and discretionary action of the Village Board.  Failure of the administrative agency to file the report within 60 days after publication of the notice or within the extended period as the petitioner shall agree to in writing, shall be a conclusively presumed approval of the petition by the agency.

 

(G) Upon receipt of the report of the administrative agency, the Village Board, without further public hearing, may grant or reject any proposed variation, special permit, planned development or amendment or may refer it back to the agency for further consideration, findings, recommendations and report.

 

(H) The action of the Village Board, in granting or making any variation, special permit, planned development or amendment shall be in the form of an ordinance of the village.

 

(I)      Under certain conditions, the ordinance shall not be passed, except by the affirmative vote of four Trustees, the conditions being in the alternative, as follows:

 

(1)      Where a written protest against the relief prayed in the petition has been signed, acknowledged and filed with the Village Clerk by the owners, collectively, of 20% of the frontage proposed to be altered, excluding any applicable land owned by the petitioner;

 

(2)      Where the requested relief has not been received, the approval of the administrative agency.

 

(J)   All ordinances passed pursuant to this division shall be classified as special zoning ordinances.

 

(1)      Special zoning ordinances.  All ordinances relating to specific tracts or areas and which do not alter any provision hereof, except specific map locations are special zoning ordinances.

 

(a)   Special zoning ordinances shall not be considered part of the code.

 

(b)   Special zoning ordinances may be written upon forms prepared and provided by the Village Clerk, with classified and organized items of information and data as necessary, with no recitals or general explanatory language other than such as is set forth in the standard heading on the forms all to the end that the ordinances may be as short, concise and standard as possible.

 

(c)   Upon presentation of each ordinance it shall be sufficient if they are read by title, street address and description of the change or relief made.

 

(d)  Special zoning ordinances shall be filed by the Clerk in a separate system, indexed by street number of land affected.

 

         Zoning              125

 

 

(2)      General zoning ordinances.  All ordinances which do not qualify as special zoning ordinances are general zoning ordinances.  They shall be a part of, and treated as other amendments to, the code.

(>87 Code, ‘ 28‑77)

 

126 Warren – Land Usage