Chapter 153 Zoning

This comprehensive zoning ordinance shall commonly be known as the “Zoning Ordinance of Lewistown, Illinois”. Each zoning district herein identified and designated, shall be comprised of the areas of land set forth on the Comprehensive Zoning Map, attached to the ordinance codified herein and made a part thereof.

(Ord. 1999-7, passed 5-25-99)

153.002 PURPOSE.

The zoning regulations and districts have been made with these objectives, which shall be each considered to be of equal importance.

(A) Assuring that adequate light, air, and safety from fire and other dangers may be secured.

(B) The property values be preserved.

(D) That public health, safety, comfort, morals, and welfare might otherwise be promoted.

(Ord. 1999-7, passed 5-25-99)

153.003 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future; the singular number shall include the plural; the masculine shall include the feminine, and the word SHALL is mandatory and not discriminatory. All definitions herein written are for general definition purposes only and are all subject to the discretion and interpretation of the Board of Appeals and the Zoning Enforcement Officer.

ACCESSORY BUILDING OR USE. A detached building or structure the use of which is incidental and subordinate to the main use of the property and is located on the same lot with the main use.

ALLEY. A public thoroughfare affording only a secondary means of access to the rear or side of properties otherwise abutting on a street.

BLOCK. A area of land bounded by streets, railroad rights-of-way, shore lines of streams or other waterways or other lines of demarcation, or a combination thereof.

BOARD. The Zoning Board of Appeals of the City of Lewistown, Illinois.

BUILDING. A structure having a roof supported by columns or walls for shelter or enclosure of persons, animals, or equipment. The word BUILDING should include the word structure and may be used for business, storage or living purposes.

BUILDING OR STRUCTURE, HEIGHT OF. The vertical distance to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge of gable, hip or gambrel roofs. The distance measured is as follows.

(1) From the average established grade, if the front of the building is not more than five feet from the front property line.

(2) From the average elevation of the finished grade along the front of the building, if the building is set back more than five feet from the property line.

CABINS, TOURIST COURTS OR MOTELS. Small dwelling units designed or used for overnight renting to tourists, transients, or others for temporary accommodation.

COUNCIL. The City Council of the City of Lewistown, Illinois.

DISTRICT. The area defined as a zoning district within which certain zoning regulations and provisions apply under this chapter.

DWELLING. Any building or portion which is designed or used exclusively for residential purposes.

DWELLING, MULTIPLE. A building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartments.

DWELLING, ONE FAMILY. A detached building occupied exclusively by one family.

DWELLING, TWO FAMILY. A building occupied exclusively by two families living independently of each other.

DWELLING UNIT. A room or group of rooms within a dwelling and forming a single habitable unit with facilities for living, sleeping, and cooking.

EASEMENT. A grant by the owner of land to a person or persons or the general public for a specific purpose.

ESTABLISHED GRADE. The elevation of the center line of the highway in front of the center of the lot, as established by the City Engineer.

FLOOR AREA. The sum of the gross horizontal area on all floors of a building measured from the faces of the interior walls or from the centerline of walls separating buildings but not including cellar or basement space.

FRONTAGE. All of the property abutting upon one side of a street between the intersecting streets measured along the street line.

GARAGE, PRIVATE. A building used only for the housing of motor vehicles, and personal items but not for commercial rental, repair, hire, or sale.

GARAGE, PUBLIC. A garage other than a private garage.

HOME OCCUPATION. A occupation for gain or support conducted only by members of a family plus one employee provided that no article is sold or offered for sale except those for which a home occupation is provided.

LOT, CORNER. A zoning lot situated at the intersection of two or more streets, the interior angle of such intersection does not exceed 135 degrees.

LOT, INTERIOR. Any zoning lot which is neither a corner lot nor a through lot.

LOT LINE. A boundary of a zoning lot.

LOT OF RECORD. A lot or parcel of land, the deed to which has been recorded in the office of Land Records and Deeds, Fulton County, Lewistown, Illinois prior to the adoption of this chapter.

MANUFACTURED HOME COURT. Any lot or parcel of land used for three or more mobile or manufactured homes used for human habitation.

MANUFACTURED HOMES. A manufactured home built on a steel frame and having wheels for transportation whether temporarily or permanently attached. Manufactured homes include structures commonly called single-wide trailers, double-wide trailers, or mobile homes.

NON-CONFORMING USE. Any building or structure or land lawfully occupied by a use which does not conform with the use regulations of the district within which it is located.

PARKING SPACE. A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile (not less than nine feet wide and 20 feet long) connected to a public street or alley by a surfaced driveway and permanently reserved for the parking or storage of one motor vehicle.

PORTABLE BUILDING. A portable building is a building on skids having a width of not more than ten feet, a length not more than 12 feet, and a total square footage of not more than 120 feet with a height of not more than 12 feet. PORTABLE BUILDINGS do not require a building permit.

PUBLIC UTILITY. Any person duly authorized to furnish, and furnishing, under municipal regulation to the public, electricity, gas, steam, telephone, telegraph, transportation, water, sewerage, or sewage disposal.

RECREATIONAL VEHICLES. Any camping trailer, motor home, mini motor home, travel trailer, truck camper or van camper used and/or built primarily for recreational purposes.

RETAIL BUSINESS. Retail business includes offices and stores used for the sale of goods, wares, merchandise and services to the general public.

SETBACK. The minimum horizontal distance between the front line of the building or structure, excluding steps, and the lot line.

SIGN. Any structure or part thereof, or any device attached to, painted on, or represented on a building or other structure, including any letter, work, model, banner, flag, pennant, insignia, decoration, device, or representation used as, or which is in the nature of, a announcement, direction, advertisement, or other attention directing device. A SIGN does not include a similar structure or device located within a building except for illuminated signs within show windows visible from the street.

STORY. That portion of a building or structure included between the surface of any floor and the surface of the next floor above it or if there is no floor above it, then the space between the floor and the ceiling above it. A basement should be counted as a STORY for the purpose of height measurement where more than one-half of its height is above the average level of the adjoining ground, or if it is used for business or dwelling purposes.

STREET. A public thoroughfare which provides the principal means of access to abutting property.

STRUCTURAL ALTERATION. Any change in the supporting members of a building or structure, such as bearing wails, columns, beams, or girders.

STRUCTURE. Anything constructed, erected, or existing, the use of which requires a permanent location on the ground or attached to something having a permanent location in or on the ground.

TRAVEL TRAILER. A trailer build for the express purpose of recreational use and which is mobile.

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

YARD. A open space on the same lot with a building, unoccupied and unobstructed on at least three sides by a building.

YARD, FRONT. A yard extending full width of lot and situated between front lot line and front line of the main building projected to side lines of lot.

YARD, REAR. A yard extending full width of lot and situated between rear lot line and rear line of the main building projected to side lines of lot.

YARD, SIDE. A yard between the main building and the side lot line and extending between the front lot line and the rear lot line as projected to the side lot line.

ZONING LOT. A lot that is to be used for a use permitted in the district in which it is located at the time of applying for a building permit. A ZONING LOT may or may not coincide with a lot of record.

(Ord. 1999-7, passed 5-25-99)

GENERAL REGULATIONS AND
DISTRICT MAPS

153.015 WHEN BUILDING PERMITS ARE NEEDED.

A building permit is required any time a structure is built; the size of a structure is altered; or a structural alteration is performed. Exceptions include siding, guttering or shingles. Digging out of crawl spaces and basements is allowed without a permit if and only if the exterior dimensions of the building do not increase. A permit for pouring concrete is not needed as long as the concrete is flat, with no curbs or walls (non-foundation work) and said pouring is no more than 8 inches above the existing grade. Building permits are not needed if provided for elsewhere in the zoning ordinance.

(Ord. 1999-7, passed 5-25-99)

153.016 ESTABLISHMENT OF DISTRICTS.

For the purpose of this chapter, all land within the corporate limits, and not being under any other zoning jurisdiction is hereby designated on the Comprehensive Zoning Map pursuant to § 153.001 as being in one of the following districts:

AG	Agriculture District
CO	Conservation District
R-l	Residential District (one and two family)
R-2	Residential District (multiple family)
B-l	Central Business District
C-l	Commercial District (general)
C-2	Commercial District (service)
I-1	Light Industrial District
I-2	Heavy Industrial District
M	Manufactured Home District

(Ord. 1999-7, passed 5-25-99)

153.017 BOUNDARIES OF DISTRICTS.

Unless otherwise indicated on the Comprehensive Zoning Map, the boundary lines of the districts follow lot lines, center lines of streets, alleys or railroad right-of-ways, or such center lines extended, center lines of creeks or the corporate limit lines as existing at the time of adoption of this chapter.

(Ord. 1999-7, passed 5-25-99)

153.018 APPLICATION OF REGULATIONS.

No building or land shall hereafter be used and no building, structure or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations for the district in which it is located.

(Ord. 1999-7, passed 5-25-99) Penalty, see § 153.999

153.019 ZONING OF ANNEXED AREAS.

All territory which may be hereafter added to the zoning jurisdiction (through extension of the one and one-half mile contiguous zoning area by virtue of annexation) shall be considered as being in the AG District until and unless otherwise designated on the Comprehensive Zoning Map or amended as specified in the procedure in § 153.365.

(Ord. 1999-7, passed 5-25-99)

153.020 CONTINUANCE OF NON-CONFORMING USES.

Any lawful use of land or structures existing at the time of adoption of this chapter, may be continued subject to the limitations set forth in §§ 153.021 through 153.023.

(Ord. 1999-7, passed 5-25-99)

153.021 NON-CONFORMING USE NOT TO EXPAND.

No structural expansion or alterations shall be made in a building or other structure containing a nonconforming use except:

(A) When required by law or by a regulatory authority pursuant to the law;

(B) When the Board of Appeals approves the enlargement or expansion of nonconforming activities or structures through the variance procedure;

(D) When to accommodate a more conforming use.

(Ord. 1999-7, passed 5-25-99)

153.022 DISCONTINUED NON-CONFORMING USE NOT TO RE-ESTABLISH AFTER ONE YEAR.

No non-conforming use shall be reestablished after having been discontinued for 12 continuous months. Vacation of premises and building or non-operative status shall be evidence of a discontinued use. Upon such determination of the Zoning Enforcement Officer, a letter of notification shall be issued becoming effective 12 months from the date of notification.

(Ord. 1999-7, passed 5-25-99)

153.023 NON-CONFORMING USES NOT TO BE SUBSTITUTED.

No different type of non-conforming use may be substituted for any other non-conforming use.

(Ord. 1999-7, passed 5-25-99)

153.024 OBSTRUCTION TO VISION AT INTERSECTIONS PROHIBITED.

On any corner lot in all districts, except the B-1 District, there shall be no obstruction to traffic visibility within 30 feet of the intersection of the two streets, measured from the property lines of the corner lot.

(Ord. 1999-7, passed 5-25-99) Penalty, see § 153.999

AG: AGRICULTURE DISTRICT

153.035 STATEMENT OF PURPOSE.

The Agricultural District is designed to encourage the preservation of a proper setting for, and pleasant approaches to, the municipality to provide a area for agricultural pursuits protected from infringement of unguided urban development; to conserve areas physically unsuitable for intensive development and to provide in the area immediately surrounding the municipality, a environment capable of accommodating future expansion of the municipality in a orderly and efficient manner.

(Ord. 1999-7, passed 5-25-99)

153.036 PERMITTED USES.

Within any Agricultural District, no building, structure, or premises shall be used, arranged, designed, or altered to be used, except for one or more of the following uses which shall be subject to all regulations and requirements for permit of this chapter.

(A) Bona fide agricultural uses, including farm dwellings and commercial grain storage.

(B) Single-family residence dwellings and related accessory buildings, off-street storage of not more than one camping trailer per family unit, off-street storage of farm related machinery, and home occupations.

(C) Community buildings, utility and service system buildings and lands, libraries and museums, religious, educational, or charitable institutions.

(D) Unlighted signs notifying the sale, rental or lease of land or sale of farm goods on the premises on which the sign is maintained and meeting the regulations set forth in §§ 153.265 through 153.272.

(E) Lakes (artificial or natural).

(F) Public picnic grounds, marinas and beaches.

(G) Public parks and forest preserves.

(H) Public utility substations, booster stations, radio and television relay towers, repeater stations, etc., but not including power generation or gas manufacturing plants.

(I) Other similar uses not specifically enumerated above may be authorized by the issuance of a special use permit in accordance with § 153.365.

(Ord. 1999-7, passed 5-25-99)

153.037 YARD/SETBACK REQUIREMENTS.

(A) Front yard. There shall be a front yard having a depth of not less than 20 feet. However, on corner lots intersecting two or more streets, the building or structure may not be built within a 30-foot radius of the intersection of two or more streets.

(B) Side yard. There shall be a side yard on each side having a width of not less than ten feet.

(Ord. 1999-7, passed 5-25-99)

153.038 HEIGHT REQUIREMENTS.

No structure shall exceed three stories or 30 feet in height.

(Ord. 1999-7, passed 5-25-99) Penalty, see § 153.999

153.039 ADDITIONAL REGULATIONS.

Upon approval of the City Council, after recommendation by the Board of Appeals, AG District lands may be subdivided for residential development and usage. All such subdivisions shall be platted to comply with area requirements and all other provisions governing R-1 Districts as provided in the Zoning Ordinance of the City of Lewistown. All city, county health, and Fulton County ordinances shall be complied with where applicable. Approval of any such subdivision shall result in amendment of the Zoning District Map to identify the subdivision in question as a R-1 district.

(Ord. 1999-7, passed 5-25-99) Penalty, see § 153.999

153.040 CONDITIONAL OR NON-CONFORMING USES.

The Board may, after a public hearing, grant special, conditional and/or non-conforming use variances that meet the criteria set forth in § 153.365.

(Ord. 1999-7, passed 5-25-99)

CO: CONSERVATION DISTRICT

153.055 STATEMENT OF PURPOSE.

The Conservation District is designed to promote and protect wooded areas, public use areas, water courses, existing and/or potential lake sites more valuable in their present natural resource state for recreation, wildlife habitat, and present and future water supply.

(Ord. 1999-7, passed 5-25-99)

153.056 PERMITTED USES.

Within any Conservation District, no building, structure, or premises shall be used, arranged, designed, or altered to be used except for one or more of the following uses which shall be subject to all regulations and requirements for permit of this chapter.

(A) Lakes (artificial and natural).

(B) Public or private play or picnic grounds, marinas and beaches, bridle and bicycle paths, and golf courses.

(Ord. 1999-7, passed 5-25-99)

153.057 CONDITIONAL OR NON-CONFORMING USES.

The Board may, after a public hearing, grant special, conditional and/or non-conforming use variances that meet the criteria set forth in § 153.365.

(Ord. 1999-7, passed 5-25-99)

153.058 SETBACKS.

All structures shall be setback at least 20 feet from any lot line, and no closer than a 30 feet radius of any street intersection.

(Ord. 1999-7, passed 5-25-99)

153.059 HEIGHT REQUIREMENTS.

Height of any structure shall not exceed three stories or 30 feet in height.

(Ord. 1999-7, passed 5-25-99) Penalty, see § 153.999

R-1: RESIDENTIAL DISTRICT
(SINGLE AND TWO-FAMILY)

153.070 STATEMENT OF PURPOSE.

The Single and Two-family Residential District is designed for those areas where the land is presently being used, and appears to be desirable, for single and/or two family use only. Also, for areas where single family use is to be encouraged for present or future development.

(Ord. 1999-7, passed 5-25-99)

153.071 PERMITTED USES.

Within any R-l District, no building, structure, or premises shall be used, arranged, designed, or altered to be used except for one or more of the following uses which shall be subject to all regulations and requirements for permit of this chapter and shall not exceed one residential structure per lot.

(A) Single family dwellings, excluding manufactured homes, not placed in the M districts per §§ 153.220 through 153.222.

(B) Churches, convents, rectories, or similar religious institutions.

(D) Public, parochial, elementary, and high schools.

(E) Museums, libraries, parks, playgrounds or public recreation areas not operated or used for commercial purposes, and such public buildings as are necessary for health and safety including hospitals provided they meet the requirements stated in this subchapter.

(F) Funeral homes and mortuaries.

(G) Public utilities and governmental buildings, including substations, regulator stations, pumping stations, radio and television transmitter towers, (except for commercial radio and television transmitter towers), transmission lines, water filtration plant and storage reservoir, or other similar public service uses.

153.072 BUILDING HEIGHT REQUIREMENTS.

No structure shall exceed three stories or 30 feet in height.

(Ord. 1999-7, passed 5-25-99) Penalty, see § 153.999

153.073 YARD/SETBACK REQUIREMENTS.

(B) Side yard. There shall be a side yard on each side having a width of not less than ten feet.

(Ord. 1999-7, passed 5-25-99)

153.074 REQUIRED LOT AREA.

Every lot for single or two family dwellings shall have a area of not less than 4,800 square feet.

(Ord. 1999-7, passed 5-25-99)

153.075 REQUIRED LOT WIDTH.

Every lot for single or two family dwellings shall have a minimum lot width of 50 feet.

(Ord. 1999-7, passed 5-25-99)

153.076 GARAGE REQUIREMENTS.

There is a footage exception governing garages built abutting a alley and interior lot with entrance to the alley. Garages must be five feet off of any existing alley and ten feet off any interior lot line. However, garages with no alley access must meet the setback requirements set forth above. Garages on streets with entry to a alley must meet setback requirements.

(Ord. 1999-7, passed 5-25-99)

153.077 CONDITIONAL OR NON-CONFORMING USES.

The Board may, after a public hearing, grant special, conditional and/or non-conforming use variances that meet the criteria set forth in § 153.365.

(Ord. 1999-7, passed 5-25-99)

153.078 WATER RUN OFF.

If a structure is built on the side yard or rear yard line, provisions must be made to channel water run off away from adjacent properties and into an appropriate drain.

(Ord. 2002-2, passed 2-26-02)

R-2: RESIDENTIAL DISTRICT
(MULTIPLE FAMILIES)

153.090 STATEMENT OF PURPOSE.

The Multiple Family Residential District is designed to provide areas for medium and high population densities, including:

(A) Areas containing multiple family dwellings with some single family dwellings;

(B) Areas containing single family dwellings which are centrally located and appropriate for ultimate multiple family development; and

(Ord. 1999-7, passed 5-25-99)

153.091 PERMITTED USES.

Within any R-2 Residential District, no building, structure, or premises shall be used, arranged, designed, or altered to be used, except for one or more of the following uses which shall be subject to all regulations and requirements for permit of this chapter and shall not exceed one residential structure per lot.

(A) Any use permitted in the R-l District.

(B) Two family dwelling (excluding manufactured homes).

(D) Boarding or lodging houses and bed and breakfast facilities.

(E) Fraternity and sorority houses, clubs or lodges, where the principle activity is not carried on as a business.

(F) Hospitals and clinics.

(G) Rest, nursing, and convalescent homes, and extended care facilities.

(Ord. 1999-7, passed 5-25-99)

153.092 HEIGHT REQUIREMENTS.

No structure shall exceed three stories or 30 feet in height.

(Ord. 1999-7, passed 5-25-99) Penalty, see § 153.999

153.093 YARD/SETBACK REQUIREMENTS.

(A) Front yard. There shall be a front yard having a depth of not less than 20 feet. However, on a corner lot intersecting two or more streets, the building or structure may not be built within a 30 foot radius of the corner.

(B) Side yard. There shall be a side yard on each side having a width of not less than ten feet.

(Ord. 1999-7, passed 5-25-99)

153.094 REQUIRED LOT AREA.

Every lot for multiple family dwellings shall have a minimum area of 6,000 square feet.

(Ord. 1999-7, passed 5-25-99)

153.095 REQUIRED LOT WIDTH.

The minimum lot width allowable 50 feet.

(Ord. 1999-7, passed 5-25-99)

153.096 GARAGE REQUIREMENTS.

(Ord. 1999-7, passed 5-25-99)

153.097 CONDITIONAL OR NON-CONFORMING USES.

The Board may, after a public hearing, grant conditional and/or non-conforming use variances that meet the criteria set forth in § 153.365.

(Ord. 1999-7, passed 5-25-99)

153.098 WATER RUN OFF.

If a structure is built on the side yard or rear yard line, provisions must be made to channel water run off away from adjacent properties and into an appropriate drain.

(Ord. 2002-2, passed 2-26-02)

B-1: CENTRAL BUSINESS DISTRICT

153.110 STATEMENT OF PURPOSE.

The Central Business District is designed to permit a wide range of business activities commensurate with the diversified nature of the central business area of the city. The intent of the regulations is to permit the concentrated activity which traditionally takes place in the central area, taking into account the need for compactness within the framework of the traffic circulation. The Central Business District is intended to encourage and strengthen the regional character of the central area. (Parking facilities are to be provided in large, combined parking areas to serve shoppers). Street parking shall be provided by the city.

(Ord. 1999-7, passed 5-25-99)

153.111 PERMITTED USES.

Within any B-1 Central Business District, no building, structure, or premises shall be used, arranged, or altered to be used, except for one or more of the following uses which shall be subject to all regulations and requirements for permit of this chapter.

(A) Amusement facilities, bowling alleys, theaters, billiard halls, dance halls, night clubs, cocktail lounges, bars, clubs or lodges.

(B) Antique shops.

(D) Arts and crafts shops and supply stores.

(E) Auction rooms (except livestock).

(F) Automobile parking lot or garage.

(G) Bakery shop.

(H) Banking and financial institutions.

(I) Barber and beauty shops.

(J) Bicycle sales and repair shops.

(K) Blueprinting and other similar reproduction processing establishments.

(L) Book stores.

(M) Bus depot or passenger station.

(N) Business schools and colleges, or private schools operated for a profit.

(O) Candy and ice cream shops.

(P) Carpet, rug, linoleum, or other floor covering stores.

(Q) Catering establishments.

(R) Clothing or costume rental establishments.

(S) Clothing, department or variety store.

(T) Coin store.

(U) Department stores.

(V) Drug store.

(W) Eating or drinking establishments.

(X) Floor covering and carpet store.

(Y) Florist sales shops.

(Z) Furniture and home furnishings store.

(AA) Furrier shop and storage.

(BB) Gift shop.

(CC) Stained glass or craft shop.

(DD) Grocery sales, meat market and delicatessen establishments.

(EE) Gunsmith shop.

(FF) Health center and service.

(GG) Hobby shops.

(HH) Hotels and motels.

(II) Interior decorating shops.

(JJ) Jewelry store.

(KK) Laboratories, medical, dental or optical establishments.

(LL) Law office.

(MM) Leather goods store.

(NN) Locksmith shop.

(OO) Medical and dental offices and clinics.

(PP) Musical instrument and record shop.

(QQ) Newspaper office.

(RR) Office, general, business and professional.

(SS) Office or business machine, sales or rental stores.

(TT) Optical goods sales and service establishments.

(UU) Orthopedic or related medical appliance and artificial limb establishments.

(VV) Pawn shops.

(WW) Pet shops.

(XX) Photography developing or printing establishments and studios.

(YY) Private clubs.

(ZZ) Public auction rooms.

(AAA) Public garages.

(BBB) Publicly owned buildings, public utility buildings and service yards but not including storage yards.

(CCC) Radio and television studios.

(DDD) Restaurants and cafes.

(EEE) Secretarial service establishments.

(FFF) Sewing machine sales and repair shops.

(GGG) Shoe stores.

(HHH) Small business machine repair shops.

(III) Sporting good stores.

(JJJ) Stationary stores.

(KKK) Studios for professional work on the teaching of fine arts, photography, music, drama and dance.

(LLL) Tailor shops.

(MMM) Telephone answering service.

(NNN) Television, radio, or household appliance repair shops.

(OOO) Theater, dance halls, assembly halls, lodge halls, or similar places of assembly.

(PPP) Any service establishment, office, showroom or workshop “pertaining to” a electrician, decorator, dressmaker, tailor, shoemaker, baker, printer, upholsterer, that require a retail adjunct or “which is no more” objectionable in character than the aforementioned, provided that no more than five persons shall be employed at any time in the fabrication of goods.

(QQQ) Wedding chapels or banquet halls.

(RRR) Accessory structures such as a garage as a accessory to a permitted use.

(SSS) General retail or rental of memorabilia, video or audio tapes or discs and collectibles.

(TTT) Heating, furnace equipment sales and service.

(Ord. 1999-7, passed 5-25-99)

153.112 OFF STREET PARKING.

Off street parking is not required.

(Ord. 1999-7, passed 5-25-99)

153.113 HEIGHT REQUIREMENTS.

No structure shall exceed six stories or 80 feet in height.

(Ord. 1999-7, passed 5-25-99) Penalty, see § 153.999

153.114 LOT AREA.

No restrictions.

(Ord. 1999-7, passed 5-25-99)

153.115 LOT WIDTH.

No restrictions.

(Ord. 1999-7, passed 5-25-99)

153.116 YARD/SETBACK REQUIREMENTS.

(A) Front yard. None required, except for a minimum sidewalk no less than four feet and no extension protruding past existing building lines.

(B) Side yard. No side yards are required along the interior side lot lines. On a corner lot, the structures shall not protrude past existing sidewalk lines, or four feet whichever is greater.

(Ord. 1999-7, passed 5-25-99)

153.117 CONDITIONAL OR NON-CONFORMING USES.

The Board may, after a public hearing, grant conditional and/or non-conforming use variances that meet the criteria set forth in § 153.365.

(Ord. 1999-7, passed 5-25-99)

153.118 WATER RUN OFF.

If a structure is built on the side yard or rear yard line, provisions must be made to channel water run off away from adjacent properties and into appropriate drains.

(Ord. 1999-7, passed 5-25-99)

C-1: COMMERCIAL DISTRICT
(GENERAL)

153.130 STATEMENT OF PURPOSE.

The General Commercial District is designed to provide locations for the conduct of most all types of retail trade, offices, financial institutions, amusement facilities and other similar business and service activities in order to maintain and provide for the future development of the general commercial district and other similar established uses and shopping areas.

(Ord. 1999-7, passed 5-25-99)

153.131 PERMITTED USES.

Within any C-1 Commercial District, no building, structure, or premises shall be used, arranged, designed, or altered to be used, except for one or more of the following uses which shall be subject to all regulations and requirements for permit of this chapter.

(A) Any use allowed in the R-1, R-2 and B-1 districts.

(B) Boat and marina sales, rental and service shops.

(D) Construction contractor offices and shops.

(E) Dry cleaning and laundry plant, including carpet cleaning and supply service.

(F) Exterminator and pest control shops.

(G) Farm equipment, sales and repair establishments.

(H) Feed and bagged fertilizer sales establishments.

(I) Food locker plant.

(J) Garden supply and seed store.

(K) Gravel sales establishment.

(L) Hardware store.

(M) Liquor store.

(N) Machinery and equipment establishments.

(O) Mail order agency.

(P) Monument sales and service establishments.

(Q) Motorcycle sales and service establishments.

(R) Office supplies and equipment repair shop.

(S) Paint, wallpaper and glass sales store.

(T) Plumbing fixtures sales shop.

(U) Radio, television and broadcasting station.

(V) Rail passenger depot.

(W) Schools; business, language, commercial and trade schools which do not involve offensive noise, odor, dust, glare, heat or vibration.

(X) Sign painting shops.

(Y) Stationary stores.

(Z) Tire recapping and vulcanizing shops.

(AA) Upholstery shops.

(BB) Wholesale establishments.

(Ord. 1999-7, passed 5-25-99)

153.132 HEIGHT REQUIREMENTS.

No structure shall exceed six stories or 80 feet in height.

(Ord. 1999-7, passed 5-25-99) Penalty, see § 153.999

153.133 LOT AREA AND WIDTH.

No restrictions.

(Ord. 1999-7, passed 5-25-99)

153.134 YARD/SETBACK REQUIREMENTS.

(B) Side yard. No side yard is required, except as follows:

(1) On a corner lot a ten foot side yard is required;

(2) When next to a residential district a ten foot side yard is also required; and

(3) When next to a unincorporated area a 20 foot side yard is then required (See § 153.135).

(Ord. 1999-7, passed 5-25-99)

153.135 ADDITIONAL REQUIREMENTS.

A city block or larger section of land surrounded by city streets and/or corporate limits and/or zoning district lines on all four sides and is being utilized 75% or more commercial by square footage, the primary characteristic of the block will be considered to be commercial. If use is less than 75% commercial by square footage, setback requirements must be met for residential districts.

(Ord. 1999-7, passed 5-25-99)

153.136 WATER RUN OFF.

If a structure is built on the side yard or rear yard line, provisions must be made to channel water run off away from adjacent properties and into a appropriate drain.

(Ord. 1999-7, passed 5-25-99)

153.137 CONDITIONAL OR NON-CONFORMING USES.

The Board may, after a public hearing, grant conditional and/or non-conforming use variances that meet the criteria set forth in § 153.365.

(Ord. 1999-7, passed 5-25-99)

C-2: COMMERCIAL DISTRICT
(SERVICE)

153.150 STATEMENT OF PURPOSE.

The Service Commercial District is designed to provide and encourage concentrated locations, in defined areas, for heavier commercial uses of retail businesses and services.

(Ord. 1999-7, passed 5-25-99)

153.151 PERMITTED USES.

Within any C-2 Commercial District, no building, structure, or premises shall be used, arranged, designed, or altered to be used, except for one or more of the following uses which shall be subject to all regulations and requirements for permit of this chapter.

(A) Any use permitted in the C-1 District.

(B) Churches or other places of worship.

(D) Public utilities and governmental buildings.

(E) Amusement and recreational facilities, skating rinks, bowling alley, go-kart tracks and miniature golf.

(F) Animal hospitals.

(G) Automobile car wash establishments.

(H) Drive-in eating establishments.

(I) Drive-in theaters.

(J) Farm equipment sales, open storage, repair, service and sales establishments.

(K) Machinery and equipment, open storage, repair, service and sales establishments.

(L) Manufactured home, manufactured home and trailer sales establishments.

(M) Nursery stock, greenhouses, and sales establishments.

(N) Tourist courts, cabins, or motels.

(O) Warehouse establishments.

(P) Self-storage rental units.

(Ord. 1999-7, passed 5-25-99)

153.152 HEIGHT REQUIREMENTS.

No structure shall exceed six stories or 80 feet in height.

(Ord. 1999-7, passed 5-25-99) Penalty, see § 153.999

153.153 YARD/SETBACK REQUIREMENTS.

(B) Side yard. No side yard is required, except on a corner lot. On a corner lot, a side yard of ten feet is required. Also, when next to a residential district, a side yard of ten feet is required. When next to a unincorporated area, a side yard of 20 feet is required. (See§ 153.158)

(Ord. 1999-7, passed 5-25-99)

153.154 LOT AREA.

No restrictions.

(Ord. 1999-7, passed 5-25-99)

153.155 LOT WIDTH.

No restrictions.

(Ord. 1999-7, passed 5-25-99)

153.156 LOT COVERAGE.

No restrictions.

(Ord. 1999-7, passed 5-25-99)

153.157 BUFFERING.

Any new or expanding use which has a common lot line with a existing residential district shall provide within that property along that common lot line, a properly maintained dense hedge, tree row, or other suitable landscape device, not to exceed seven feet in height, to visually screen the area from the residential area. Failure to provide or maintain such a planting buffer shall constitute a violation of this chapter.

(Ord. 1999-7, passed 5-25-99) Penalty, see § 153.999

153.158 ADDITIONAL REQUIREMENTS.

A city block or larger section of land surrounded by city streets and/or corporate limits and/or zoning district lines on all four sides and is being utilized 75% or more commercial by square footage, the primary characteristic of the block will be considered to be commercial. If use is less than 75% commercial, setback requirements must be met for residential districts.

(Ord. 1999-7, passed 5-25-99)

153.159 WATER RUN OFF.

If a structure is built on the side yard or rear yard line, provisions must be made to channel water run off away from adjacent properties and into appropriate drain.

(Ord. 1999-7, passed 5-25-99)

153.160 CONDITIONAL OR NON-CONFORMING USES.

The Board may, after a public hearing, grant conditional and/or non- conforming use variances that meet the criteria set forth in § 153.999.

(Ord. 1999-7, passed 5-25-99)

I-1: LIGHT INDUSTRIAL DISTRICT

153.175 STATEMENT OF PURPOSE.

The Light Industrial District is designed to provide a limited range of manufacturing and other light industrial activities, including certain general commercial uses, all of which are compatible with each other. The district is designed to protect nearby residential and commercial districts and to encourage future industrial development through the application of certain prescribed standards.

(Ord. 1999-7, passed 5-25-99)

153.176 PERMITTED USES.

Within any I-1 Light Industrial District, no building, structure, or premises shall be used, arranged, designed, or altered to be used, except for one or more of the following uses which shall be subject to all regulations and requirements for permit of this chapter.

(A) Any use allowed in the C-2 District.

(B) The bulk storage of oxygen and acetylene in tanks if oxygen is stored in a room separate from acetylene, and such rooms are separated by not less than a one hour fire resistant wall.

(D) Bag, box, and paper manufacturing plant.

(E) Barrel making and storage of barrels establishment.

(F) Blacksmiths shop.

(G) Boat building shop.

(H) Bottling plant.

(I) Breweries.

(J) Cabinet making and carpentry shop.

(K) Canvas products establishments.

(L) Cesspool pumping, cleaning and draining establishments.

(M) Cleaning and dying establishments.

(N) Clothing factories.

(O) Contractor’s equipment yard, including farm equipment and all equipment used in building trades.

(P) Dairies.

(Q) Electric appliance assembly plant.

(R) Electrical parts plant.

(S) Electrical substations.

(T) Frozen food processing plants.

(U) Fruit packing plants.

(V) Iron storage, processing and fabricating.

(W) Leather products establishments.

(X) Linen and towel laundering and supply plants.

(Y) Lumber yard.

(Z) Machine shops and storage yard and repair shops.

(AA) Moving van storage or operating yard shop.

(BB) Optical goods establishments.

(CC) Paper products plant.

(DD) Produce yard or terminal.

(FF) Storage facility tractors, buses and contractor’s equipment.

(GG) Tire retreading plant.

(HH) Tools, manufacture of, plant.

(II) Truck storage or rental establishments.

(JJ) Veterinary clinic or establishment.

(KK) Warehouse, storage warehouse.

(LL) Welders and sheet metal shops.

(MM) Wood, the manufacture of wood products, shops.

(Ord. 1999-7, passed 5-25-99)

153.177 HEIGHT REQUIREMENTS.

No structure shall exceed six stories and 80 feet in height.

(Ord. 1999-7, passed 5-25-99) Penalty, see § 153.999

153.178 YARD/SETBACK REQUIREMENTS.

(A) Front yard. There shall be a front yard having a depth of not less than 20 feet.

(B) Side yard. There shall be a side yard having a width of not less than ten feet. When next to a unincorporated area a side yard being a width of not less than 50 feet is required.

(Ord. 1999-7, passed 5-25-99)

153.179 LOT AREA.

No restrictions.

(Ord. 1999-7, passed 5-25-99)

153.180 LOT WIDTH.

No restrictions.

(Ord. 1999-7, passed 5-25-99)

153.181 BUFFERING.

Any new or expanding industrial uses which has a common lot line with a existing residential district shall provide within the industrial property, along the common lot line, a properly maintained dense hedge, tree row, or other suitable landscaping device, not to exceed seven feet in height, to visually screen the industrial area from the residential area. Failure to provide or maintain such planting buffer shall constitute a violation of this chapter.

(Ord. 1999-7, passed 5-25-99) Penalty, see § 153.999

153.182 WATER RUN OFF.

If a structure is built on the side yard or rear yard line, provisions must be made to channel water run off away from adjacent properties and into adequate drain.

(Ord. 1999-7, passed 5-25-99)

153.183 CONDITIONAL OR NON-CONFORMING USES.

The Board may, after a public hearing, grant conditional and/or non-conforming use variances that meet the criteria set forth in § 153.365.

(Ord. 1999-7, passed 5-25-99)

I-2: HEAVY INDUSTRIAL DISTRICT

153.195 STATEMENT OF PURPOSE.

The Heavy Industrial District is designed to provide a wide range of manufacturing and other industrial activities, including certain general commercial uses, all of which are compatible with each other. The district is designed to protect nearby residential and commercial districts and to encourage future industrial development through the application of certain prescribed standards.

(Ord. 1999-7, passed 5-25-99)

153.196 PERMITTED USES.

Within any I-2 Heavy Industrial District, no building, structure, or premises shall be used, arranged, designed, or altered to be used, except for one or more of the following uses which shall be subject to all regulations and requirements for permit of this chapter.

(A) Any industrial use permitted in the I-1 District as well as commercial (non-residential) uses listed in C-1 and C-2. (See § 153.204).

(B) Factories of all manufacturing varieties.

(D) Manufacturing, compounding, processing, packaging or treatment of products or raw materials, including the storage of raw materials.

(E) Open building material storage or sales yards, including rock, sand, gravel, junk, automobile or vehicle wrecking yards, open fuel storage or sale yard, and salvage yard.

(F) Refining of petroleum or its products plants.

(G) Bulk plant.

(H) Bulk storage and sale of liquefied petroleum or propane products.

(Ord. 1999-7, passed 5-25-99)

153.197 HEIGHT REQUIREMENTS.

No structure shall exceed six stories or 80 feet in height.

(Ord. 1999-7, passed 5-25-99) Penalty, see § 153.999

153.198 YARD/SETBACK REQUIREMENTS.

(A) Front yard. There shall be a front yard having a depth of not less than 30 feet.

(B) Side yard. There shall be a side yard having a depth of not less than ten feet, except when abutting a residential or unincorporated area then that side yard shall be 50 feet.

(C) Rear yard. There shall be a rear yard having a depth of not less than 20 feet except when abutting a residential or unincorporated area where the rear yard must be no less than 50 feet.

(Ord. 1999-7, passed 5-25-99)

153.199 LOT AREA.

No restrictions.

(Ord. 1999-7, passed 5-25-99)

153.200 LOT WIDTH.

No restrictions.

(Ord. 1999-7, passed 5-25-99)

153.201 LOT COVERAGE.

No restrictions.

(Ord. 1999-7, passed 5-25-99)

153.202 BUFFERING.

Any new or expanding industrial uses which have a common lot line with a existing residential district shall provide within the industrial property along that common lot line, a properly maintained dense hedge, tree row, or other suitable landscape device, not to exceed seven feet in height, to visually screen the industrial area from the residential area. Failure to provide or maintain such planting buffer shall constitute a violation of this chapter.

(Ord. 1999-7, passed 5-25-99) Penalty, see § 153.999

153.203 WATER RUN OFF.

If a structure is built on the side or rear lot line, provisions must be made to channel water run off away from adjacent properties and into appropriate drains.

(Ord. 1999-7, passed 5-25-99)

153.204 RESIDENTIAL OR PUBLIC USE.

The I-2 District specifically prohibits the building, use or expansion of any structure for residential use or any use listed as permitted uses under the R-l and R-2 provisions.

(Ord. 1999-7, passed 5-25-99)

153.205 CONDITIONAL OR NON-CONFORMING USES.

The Board may, after a public hearing, grant conditional and/or non- conforming use variances that meet the criteria set forth in § 153.365.

(Ord. 1999-7, passed 5-25-99)

MANUFACTURED HOMES

153.220 PERMITTED USES.

Manufactured (mobile) homes (placed on or after the effective date of this chapter) are allowable only in designated M districts as long as all the following provisions are meet.

(Ord. 1999-7, passed 5-25-99)

153.221 YARD/SETBACK REQUIREMENTS.

(A) Front yard. Meet setbacks for district in which manufactured home is located.

(B) Side yard. Meet setbacks for district in which manufactured home is located.

(D) Height requirements. Meet requirements for the district in which manufactured home is located.

(Ord. 1999-7, passed 5-25-99)

153.222 ADDITIONAL PROVISIONS.

(A) Manufactured homes shall be required to have a non-conforming use variance from the Board of Appeals.

(B) Each manufactured home shall be provided with individual sewer and water hookups, a concrete pad not less than six inches in depth, and one parking area per home.

(C) Each manufactured home located upon a single parcel of real property shall be a minimum of 14 feet wide having a living space of no less than 700 square feet and be no older than five years old at the time of installation. Manufactured homes within a manufactured home park shall be a minimum of 14 feet wide having a living space of no less than 700 square feet and be no older than five years old at the time of installation.

(D) Manufactured homes with removable hitches shall have these hitches removed in 30 days.

(E) The manufactured home shall be anchored and skirted with a suitable and substantial vinyl and/or non-flammable building material approved by the Zoning Enforcement Officer.

(F) A building permit shall be obtained after sighting approval by the Board.

(G) All manufactured (mobile) homes that are already in place in areas not within the M District as of the effective date of this chapter, will be considered to be non-conforming uses. No upgrade or change of such previously placed manufactured homes shall be permitted prior to receiving a variance from the Zoning Board of Appeals through an application for a non-conforming use permit.

(Ord. 1999-7, passed 5-25-99; Am. Ord. 2002-2, passed 2-26-02)

MANUFACTURED HOME PARKS

153.235 PERMITTED USES.

(A) Manufactured home parks may be permitted in the R-1, R-2, C-1, C-2 or I-1 Districts provided the following provisions are met.

(1) A preliminary hearing is held to insure compliance with these regulations and for site approval before the Board of Appeals.

(2) A plat showing compliance with the provisions of this chapter must be submitted to the Board.

(3) Each manufactured home shall be located on a well drained site, properly graded to insure rapid drainage.

(4) No manufactured home shall be located closer than 20 feet to the lot lines of the manufactured home park.

(5) Each site shall contain a minimum of 4,000 square feet, exclusive of access drives and service areas.

(6) Manufactured homes and their accessory buildings shall not occupy more than 25% of the lot area.

(7) Each manufactured home shall be situated so the side to side distance is 18 feet between units and the end to end distance is 20 feet between units.

(8) Each manufactured home shall be provided with individual sewer and water hookups, a concrete pad not less than six inches in depth, and one parking area per home.

(9) Each manufactured home located within a manufactured home park shall be a minimum of 12 feet in width having a living space of no less than 600 square feet.

(10) Manufactured homes with removable hitches shall have these hitches removed within 30 days of placement. Where the hitch is not as easily removed, the hitch shall be covered with nonflammable material, approved by the Zoning Enforcement Officer, within this same time period.

(11) A building permit shall be obtained for the park and no manufactured home may be occupied until a certificate of occupancy is issued by the Zoning Enforcement Officer.

(B) In the event that any of the above provisions conflict with State or Federal law or administrative regulations, such state or federal law or regulation shall take precedence.

(Ord. 1999-7, passed 5-25-99)

EXCEPTIONS AND MODIFICATIONS

153.250 LOT OF RECORD.

When a lot at time of adoption of this chapter, does not comply with the area, yard, or other requirements of this chapter, a application may be submitted to the Board of Appeals for a variance from the terms of this chapter in accordance with the procedure outlined in § 153.365. Such a lot may be used as a building site, provided however, that the setbacks and other requirements of the district are complied with.

(Ord. 1999-7, passed 5-25-99)

153.251 EXCEPTIONS TO YARD/SETBACK REQUIREMENTS.

(A) Allowable projections of residential structures into yards. Architectural features of residential buildings such as window sills, cornices, roof overhangs and ramps for the specific purpose of use by the physically handicapped, may project into the required yard provided such projections are not more than four feet, except for ramps, and do not reach closer than four feet to any lot line.

(B) Allowable projections of business structures over sidewalks. Signs, awnings, canopies and marquees are permitted to overhang the sidewalk in the B-1 and C-1 Districts only, providing that any projections are a minimum of eight feet above the sidewalk at its lowest point.

(C) Allowable projections of accessory buildings into a yard. An accessory portable building, as defined in § 153.003, when separated from the principle structure, may be placed anywhere on the rear lot provided it is no closer than five feet to any lot line, on skids and has no permanent foundation.

(Ord. 1999-7, passed 5-25-99; Am. Ord. 2002-2, passed 2-26-02; Am. Ord. 2006-4, passed 3-28-06)

153.252 EXCEPTIONS TO HEIGHT LIMITATIONS.

The height limitations of this chapter shall not apply to water towers, church spires, belfries, cupolas and domes not intended for human occupancy. Monuments, transmission towers, chimneys, smoke stacks, derricks, conveyors, flag poles, radio towers, masts, and aerials may not exceed 60 feet. Exceptions from height limitations can be granted by conditional use from the Board of Appeals.

(Ord. 1999-7, passed 5-25-99)

ADDITIONAL PROVISIONS

153.265 UTILITY EASEMENTS.

No building or structure or addition thereto shall be erected over or across any existing public utility nor upon any platted easements.

(Ord. 1999-7, passed 5-25-99) Penalty, see § 153.999

153.266 NATURAL PRODUCTION USES.

In any commercial or industrial district the extraction of oil, gas, or other natural mineral deposits shall be permitted upon approval by the City Council. Recommendations concerning the safeguards and protection of adjacent property shall be made by the Board of Appeals.

(Ord. 1999-7, passed 5-25-99)

153.267 VISIBILITY AT INTERSECTIONS.

On a corner lot in any district, excluding B-1, no wall, hedge, sign, or other structure or planting more than four feet in height shall be placed or erected within a 30 foot radius of the intersection of two or more streets. In the B-1 district, no wall, hedge, sign, or other structure or planting more than four feet in height shall be placed or erected within a 15 foot radius of the intersection of two or more streets.

(Ord. 1999-7, passed 5-25-99; Am. Ord. 2002-2, passed 2-26-02; Am. Ord. 2006-4, passed 3-28-06)

153.268 TEMPORARY USE PERMIT.

Any type of enclosed building, shed, manufactured home, and the like, that is to be placed on a lot temporarily, shall require a temporary use permit. The temporary use permit may be issued for a 30 day period, with up to a 30 day extension, if approved by the Zoning Enforcement Officer. The location upon which building is placed shall meet the approval of Zoning Enforcement Officer. After 60 days, the temporary structure shall be removed unless a permanent building permit has been obtained.

(Ord. 1999-7, passed 5-25-99)

153.269 OFF STREET LOADING.

(A) Every building or structure used for other than residential uses and constructed after the adoption of this chapter, shall provide space on the property to be used exclusively for loading and unloading of vehicles. Such space shall be in accordance with the following schedule:

Required Spaces	Building Gross Floor Area
1	0-8,000 sq. ft.
2	8,000-25,000 sq. ft.
3	25,000-40,000 sq. ft.
4	40,000-100,000 sq. ft.
5	100,000-250,000 sq. ft.
6	250,000-400,000 sq. ft.

(B) For buildings or structures having gross floor space area in excess of 400,000 square feet, one additional space shall be required for each additional 200,000 square feet. For the purpose of determining adequacy of loading area, each space shall be not less than ten feet in width, 45 feet in length and 14 feet in height. Exemptions from off street loading are provided for in the B-1 Central Business District.

(Ord. 1999-7, passed 5-25-99)

153.270 OFF STREET PARKING.

(A) Off street parking, either paved or surfaced with crushed rock, shall be provided on any lot on which any of the following uses are hereafter established; such space shall be provided with vehicular access to a street or alley. For purposes of computing gross off street parking area required, the ratio of 250 square feet per parking space shall be used. The following are minimum requirements for specific uses:

(1) Dwellings. One and one-half spaces for each family unit in the structure.

(2) Hotels, motels, bed and breakfast facilities. One space for each two rooms occupied by boarders or roomers.

(3) Tourist accommodations. One space for each room offered for tourist accommodations.

(4) Hospitals, nursing homes, and other institutions for health care and treatment. One space for each four beds, plus one space for each staff and visiting doctor, plus one space for each three employees.

(5) Theater, auditorium including school auditorium, church, or other place of public assembly. One space for each eight seats available at maximum capacity.

(6) Wholesale, storage and manufacturing establishments. One space for each five employees.

(7) Retail establishments. One space for each 300 square feet of floor area.

(8) Office use. One space for each 300 square feet of floor area.

(B) If off street parking space for non-residential uses as required above cannot be provided on the same lot on which the principal use is conducted, the Board of Appeals may permit such space to be provided on other off street property provided such space is within 400 feet of the main entrance to such principle use.

(Ord. 1999-7, passed 5-25-99)

153.271 RECREATIONAL VEHICLES.

No recreational vehicle shall be allowed for habitation except as follows.

(A) No recreational vehicle shall be occupied on city rights-of-way.

(B) No recreational vehicle shall be occupied for more than four times per calendar year, not to exceed a total of 21 days on public or private property within the city.

(C) (1) A non-conforming use permit may be issued for a hardship case(s) for temporary habitation of a recreational vehicle exceeding the 21 day restriction set forth in division (B) of this section. hardship cases shall include the following situations:

(a) Destruction of primary residence upon subject real property by fire, tornado, or other similar calamitous event; or

(b) Other similar situations wherein residential property has become uninhabitable without the fault of the applicant and wherein repairs or reconstruction will reasonably take more than 12 days to complete.

(2) Applications made under division (C)(1)(b) of this section shall be accompanied by a certificate of a contractor who has been retained to complete the repairs or reconstruction setting forth the nature of the accident or event making the residential property uninhabitable, the nature of the repairs or reconstruction to be undertaken, the anticipated completion date for the repairs or reconstruction, and a copy of the building permit, if any, issued buy the city for the work to be performed upon the subject real property

(Ord. 1999-7, passed 5-25-99; Am. Ord. 2002-2, passed 2-26-02)

153.272 CONSTRUCTION IN CEMETERIES.

Any construction or erection of headstones, monuments and mausoleum inside the boundaries of a cemetery and located in a CO zoning district, shall only be limited to the setback and height requirements of the district and do not require a building permit.

(Ord. 1999-7, passed 5-25-99)

FENCE CODE

153.285 DEFINITIONS.

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

FENCE(S). A vertical screen device used to provide privacy, visual or otherwise, or for containment. FENCE includes but is not limited to trellises, railing and walls.

INSTALL, INSTALLATION, INSTALLED. To construct, erect, install, place, or replace over 16 lineal feet.

PERSON. Any person, firm, corporation, association or other legal entity.

PROPERTY OWNER. A person that owns or controls real property situated in the city.

SWIMMING POOL(S). Any container of water, either temporary or permanent, and either above or in the ground, or a combination thereof, in which water of more than 24 inches in depth may be contained and which is used primarily for the purpose of swimming and wading.

ZONING ENFORCEMENT OFFICER. The Zoning Board of Appeals and designees thereof.

(Ord. 2006-4, passed 3-28-06; Am. Ord. 2012-2, passed 5-22-12)

153.286 PERMIT.

(A) Permit required. No person shall install a fence in the city without first obtaining a fence permit and complying in all respects with the terms and conditions and this subchapter. A fence permit shall be valid only for the term of issuance, unless sooner suspended or revoked. A fence permit is not required for painting, maintenance, or repair or replacement of less than 16 lineal feet of a fence.

(B) Permit application. A fence permit application shall be filed with the Zoning Secretary, consisting of the following:

(1) A fully completed fence permit application form and payment of full permit fee;

(2) A drawing, site plan or plat map displaying property boundaries, the location of the buildings and structures on the property, the proposed location of the fence and its distances from the existing structures on the property;

(3) If the fence is proposed to be installed on rented or leased property, the written consent of the owner(s) of the property; and

(4) Other information as may be required by the Zoning Secretary to assist in the review of the application.

(C) Permit fee. For any fence having a total construction cost (materials and reasonable value of labor to install) of less than $5,000, a $10 permit fee shall be remitted upon submittal of the fence application. With regard to fences having a total construction costs of $5,000 or more, the property owner must seek a building permit and pay a fee as set forth in the zoning ordinance prior to commencing construction. If any fence is installed, in full or part, prior to the issuance of a permit, five times fees shall be charged for the permit.

(D) Application review and approval required, permit issuance. The Zoning Enforcement Officer shall review, approve and issue the fence permit application provided that the application is in compliance with this subchapter and the standards of this subchapter for the fence to be installed have been met. The fence permit may contain reasonable conditions stated in the permit.

(E) Responsibility of applicant. The applicant is solely responsible for installing the fence:

(1) Within the boundaries of their property determined by survey, in compliance with this subchapter and the permit, including, but not limited to, proper materials, height, setback and vision clearance;

(2) In compliance with any subdivision covenants or restrictions, deed restrictions, utility easement restrictions, land use restrictions of record, including applicable plan review and approval, or waiver requirements; and

(3) In a manner as will not obstruct storm water drainage, violate a city approved storm water plan or unreasonably divert storm water on the property of another.

(Ord. 2006-4, passed 3-28-06)

153.287 FENCE INSTALLATION.

(A) General requirements. No fence shall be installed, except in strict compliance with this subchapter, site specific permit conditions, and the following requirements.

(1) Fences shall be installed plumb and the top finish of the fence shall be uniform. Fences shall follow the contour of the ground to the extent practical. Adjustments for grade shall occur at the bottom of the fence.

(2) Except as further restricted elsewhere herein, the height of the fence shall not exceed six feet. Fence height shall be measured from the surface of the ground immediately below the fence. Berms, retaining walls or other methods to raise the elevation of the site shall require approval by the Zoning Enforcement Officer prior to installation. The term BERM shall mean a mound of earth higher than the final elevation of a lot.

(3) The project site shall be marked by individuals or entities notified after obtaining a dig number from JULIE before digging holes for fence installation.

(4) No fence located in the vision clearance area shall exceed three feet in height above the mean street grade. The term VISION CLEARANCE AREA shall be defined as a triangular area on a lot at the intersection of two streets or a street and an alley, driveway, at the intersection of a driveway/alley and sidewalk, other point of vehicular access or railroad, two sides of which are lot lines measured from the corner intersection of the property lines to a minimum distance of 15 feet from their intersection.

(5) The height of walls and fences shall be measured vertically from the finished grade on the exterior side of the fence. Raising the finished grade by placing fill solely for the purpose of adding additional height to a fence is prohibited. If a fence is placed on a berm, the berm shall be included in the height of the fence and the height shall be measured vertically from the base of the berm, unless the fence is approved in conjunction with a non-conforming use or conditional use variance.

(6) No fence shall be closer than six inches to the public sidewalk or the property boundary line.

(7) No fence located in the front yard (as defined in § 153.003) of any property shall exceed four feet in height.

(8) No fence may be located upon the street right-of-way.

(B) Obstruction of ingress/egress area of a dwelling. No fence shall be installed in any yard that will shield any window or opening in a habitable space of a dwelling. A minimum distance of three feet shall be maintained between any solid fence and any such window or opening in a dwelling.

(D) Fences in rear/side yard. Fences in rear and side yards shall meet the following requirements.

(1) No fence or wall shall exceed six feet in height in any side or rear yard. Fences not greater than six feet in height are permitted in side or rear yards and shall not extend beyond the front of the principal structure or the required building setback, whichever is furthest from the road right-of-way.

(2) A wall or solid fence not more than six feet in height, as measured from the highest adjacent grade, maybe maintained along the interior side or rear lot lines provided such a wall or solid fence does not extend into a required front yard.

(3) Fences which exceed three feet in height in side or rear yards shall not encroach within vision clearance areas.

(E) Double frontage lots. Fences on double frontage lots shall be installed in accordance with the required front yard setback on both streets, except where otherwise approved in conjunction with a non-conforming use or conditional use variance. The term DOUBLE FRONTAGE LOT shall mean an interior lot having street frontage on the front and the rear of the lot.

(F) Approved fence materials. All fences shall meet the following material requirements.

(1) Fences to be situated in side and/or rear yards shall be constructed using materials suitable for residential-style fencing, including, but not limited to, brick, fieldstone, wrought iron, fired masonry, concrete, stone, metal tubing, fiberglass composite, vinyl, chain link (with a minimum thickness of nine gauge and a required top rail support), stockade or board-on-board wood.

(2) Agricultural farm fences shall only be permitted in agriculturally zoned or used districts and shall not exceed six feet in height. The term AGRICULTURAL FARM FENCES shall mean any fence consisting of deer fence, hog wire, high tensile, wire strands, used in the agricultural, farming and livestock business, specifically for livestock, animal and bird control.

(3) Residential front yard fences shall be 50% open (see-through) and be of split rail, wrought iron or picket design.

(Ord. 2006-4, passed 3-28-06) Penalty, see § 153.999

153.288 MAINTENANCE AND CONFIGURATION OF FENCES.

(A) Fences shall be maintained in a manner as to prevent rust, corrosion and deterioration, so as not to become a public or private nuisance, and so as not to be dilapidated or a danger to adjoining property owners or the public.

(B) Fences shall not create an appearance of patchwork, which is indicative of a state of disrepair.

(D) The finished side of fences shall face adjoining property.

(Ord. 2006-4, passed 3-28-06)

153.289 EXISTING FENCES.

No fence existing upon the effective date of this subchapter shall be enlarged, extended or replaced, except in strict compliance with all of the requirements of this subchapter.

(Ord. 2006-4, passed 3-28-06) Penalty, see § 153.999

153.290 PROHIBITIONS.

(A) No person shall install any fence constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, ores, junk, or other similar items.

(B) No person shall install any fence constructed of materials not specifically manufactured for fencing, including but not limited to railroad ties, wooden doors, landscape timbers, wooden or plastic snow fence (except as specifically authorized in this chapter), welded wire fence, chicken wire, scrap metal, barbed wire, razor wire, constantine wire, poultry wire, or utility poles shall not be used for or in the construction of a fence.

(D) Except as otherwise specifically provided in this chapter, snow fencing shall not be permitted unless installed by the City of Lewistown.

(Ord. 2006-4, passed 3-28-06; Am. Ord. 2006-7, passed 5-9-06; Am. Ord. 2012-2, passed 5-22-12) Penalty, see § 153.999

153.291 FENCES PERMITTED WITHOUT A PERMIT.

The following types of fences are permitted, as specified, without a permit, subject to the following restrictions and providing that the fence does not in any way interfere with traffic visibility, or block, redirect or cause a drainage problem for the adjacent or downstream properties.

(A) Decorative fences not exceeding two feet in height shall be permitted in all districts. Such fences shall not be placed in any manner which presents a hazard to pedestrians on any public or private sidewalk.

(B) Underground electrical fences are permitted in all districts.

(Ord. 2006-4, passed 3-28-06)

153.292 NON-BOUNDARY RELATED FENCE STANDARDS.

(A) Fences and/or enclosures for swimming pools shall be permitted.

(B) Fences surrounding tennis courts, and baseball and/or softball field backstops may be erected in conformance with accepted industry standards.

(Ord. 2006-4, passed 3-28-06)

153.293 SWIMMING POOL FENCES.

(A) Swimming pools installed with the top rim of the outside wall at or below grade, now existing or hereafter constructed, and not enclosed within a permanent building, shall be completely enclosed by a perimeter fence of sufficient strength to prevent access to the pool by persons of any age and shall be not less than four feet in height above grade. Gates or doors shall be equipped with a latching and/or locking device for keeping the gate or door securely closed at all times when not in actual use.

Swimming pools installed above grade will be allowed without separate additional fencing; provided, that the swimming pool is accessible solely from a removable ladder(s) and said ladder(s) is removed at all times the swimming pool is not in use.

Permanent access from grade to swimming pools above grade having stationary ladders, stairs or ramps shall be equipped with latching and/or locking gates.

Location of fencing required shall be subject to all other applicable ordinances.

The wall of the house or building faced to a pool may be incorporated as a portion of such fence.

(B) Fencing, gates, or both as required by division (A) of this section or, in the case of swimming pool construction or modification, temporary snow fence shall be installed around the entire perimeter of the swimming pool prior to the swimming pool being filled with water. Temporary snow fence shall be permitted to remain for a period not to exceed 90 days from the date such fence is first installed. If the fencing, as required by division (A) of this section, is not installed by the end of said 90-day period, the water in the swimming pool shall be drained and the pool disassembled or otherwise rendered incapable of holding water.

(Ord. 2006-4, passed 3-28-06; Am. Ord. 2012-2, passed 5-22-12)

153.294 VIOLATIONS.

(A) Administration of violations.

(1) When the Zoning Enforcement Officer has determined that any fence has been established, restored or maintained, in a manner not in conformity with the terms of §§ 153.265 through 153.272, the Zoning Enforcement Officer shall, in writing, notify the owner, operator or other party responsible for managing and/or maintaining the offending property of the nature and details of the non-conformity and the remedial actions necessary to bring the property into compliance, and that the property must be brought into compliance within 15 days from the date of notice.

(2) The notice shall further provide that the notified party or agent shall have the opportunity to be personally heard by the Zoning Enforcement Officer within the period, and failure to request a hearing shall waive the opportunity to be heard.

(3) The 15 day compliance period may be extended upon written request, for good and sufficient reason.

(4) The failure of the owner, operator or other responsible party to provide or restore visual clearance within the time prescribed shall authorize the Zoning Enforcement Officer to seek an injunction pursuant to ILCS Ch. 65, Act 5, § 11-13-15 requesting the court to authorize the city to do or to have done such work as will establish or restore visual clearance, and to assess the cost of such work, plus the attorney’s fees and litigation costs incurred by the city to the owner, operator or other responsible party.

(5) The order of the Zoning Enforcement Officer may be appealed to the Board upon written notice of the appeal being served upon or sent by registered mail to the Zoning Enforcement Officer within ten days after the date of the order.

(B) Public nuisance. Obstruction to visual clearance, as regulated by this subchapter, shall be deemed to be a public nuisance and the City Attorney is authorized to abate the nuisance.

(Ord. 2006-4, passed 3-28-06)

153.295 ADMINISTRATION, NON-CONFORMING USE AND CONDITIONAL USE VARIANCES AND APPEALS.

(A) Administration. It shall be the duty of the Zoning Enforcement Officer to administer and enforce this subchapter.

(B) Non-conforming use or conditional use variances. Upon application for a non-conforming use or conditional use variance, the Zoning Board of Appeals may, after investigation and public hearing, grant a non-conforming use or conditional use variance from the terms of § 153.287 where such nonconforming use or conditional use variance will not be contrary to the spirit and purpose of this subchapter, and where a non-conforming use or conditional use variance will do substantial justice.

(C) Appeals. An aggrieved person adversely affected by the denial of a permit or decision, determination or interpretation under this subchapter by the Zoning Enforcement Officer may appeal such denial, decision, determination or interpretation to the Zoning Board of Appeals.

(D) Application procedure. Any application for a non-conforming use or Conditional use variance or appeal shall be taken pursuant to the procedure set forth in § 153.365.

(Ord. 2006-4, passed 3-28-06)

SIGN REGULATIONS

153.310 GENERAL PROVISIONS.

(A) A building permit shall be required for the erection, construction or expansion of any exterior sign, except as herein provided.

(B) A sign not extending out more than four inches from the existing surface of the building and not larger than the facial dimensions of a business building and attached to said building shall not require a permit.

(Ord. 1999-7, passed 5-25-99)

153.311 DETERMINATION OF SIZE OF SIGNS.

For the purpose of the requirements of this subchapter, the size of a sign is determined in the following manner.

(A) When a sign is on a plate or framed, all of the plate or frame shall be included in the dimensions.

(B) A sign shall be measured at its widest points, i.e., top to bottom and side to side.

(Ord. 1999-7, passed 5-25-99)

153.312 RESIDENTIAL DISTRICT SIGN REGULATIONS.

(A) Non-illuminated nameplates and identification signs.

(1) For multiple dwellings, including apartments, hotels, and for permitted non-residential buildings or other structures, one identification sign with a area not exceeding 24 square feet and indicating only the name or address of the building or the management thereof, is permitted. The height of letters on any side of awnings or canopies shall not exceed two feet.

(2) For community facility uses, a bulletin board with a area not exceeding 16 square feet is permitted.

(B) Signs for parking areas. One sign with a area not exceeding four square feet and a height no greater than seven feet above ground, designating each entrance or exit of a off street parking area is permitted without a permit.

(C) Illuminated signs. In all residential districts, for a business, professional or governmental office, clinic, office service establishment, funeral home, or church, one illuminated non-flashing sign, with a area not exceeding 25 square feet, is permitted.

(D) Sign size and height restrictions. In all residential districts, any sign permitted under the provisions of this subchapter shall conform to the following size and height restrictions.

(1) No sign shall extend more than 20 feet above the level of the ground.

(2) No sign shall project over any public easement for pedestrian or vehicular traffic.

(3) Exclusive of signs for parking areas as permitted by division (B) of this section, not more than one sign is permitted for each use, building, or dwelling unit, and not more than two signs are permitted for each office building, church, office service establishment, or funeral home. However, on a corner lot, two signs, one facing each street, shall be permitted for each use, building, or dwelling unit.

(E) Advertising signs. Advertising signs are not permitted in any residential district, except where a home occupation has been granted, by ordinance or by hearing. The type of sign approved by the Zoning Enforcement Officer shall not exceed six square feet.

(Ord. 1999-7, passed 5-25-99)

153.313 NON-RESIDENTIAL DISTRICT SIGN REGULATIONS.

(A) Non-illuminated signs. In the respective non-residential districts as indicated, non-illuminated signs with areas not exceeding those shown in the following table are permitted.

District	Maximum Area
AG	100 sq. ft.
CO	100 sq. ft.
B-1	100 sq. ft.
C-1	100 sq. ft.
C-2	100 sq. ft.
I-1	100 sq. ft.
I-2	100 sq. ft.

(B) Illuminated signs. In all AG, CO, B-1, C-1, C-2,I-1, and I-2 districts, flashing signs are permitted, but can be no closer than 45 feet to a residential district. Illuminated non-flashing signs with a area not exceeding 50 square feet are permitted in any of the above mentioned districts.

(C) Additional regulations for business signs. In addition to all other applicable regulations, permitted business signs in all districts are subject to the restrictions of the city ordinances of the City of Lewistown, Illinois, and all applicable regulations set forth by the Illinois Department of Transportation.

(D) Height of signs. In the respective non-residential districts as indicated, no permitted ground or rooftop signs, or signs attached to buildings, shall extend above grade at a height greater than that shown in the following chart.

District	Maximum Height
AG	35 Feet
CO	35 Feet
B-1	35 Feet
C-1	35 Feet
C-2	35 Feet
I-1	35 Feet
I-2	35 Feet

(E) Freestanding signs. Signs in commercial and industrial districts must relate solely to the business activity carried on within the boundaries of the property on which the sign is located. Outdoor, off-premises advertising signs (e.g. billboards) shall not be erected within the corporate boundaries of the city. Except as provided in division (B) of this section, the size of all signs shall be limited in area to one-half the linear street frontage of the particular occupancy expressed in square feet. Corner lots may erect two free standing signs, one on each frontage.

(F) Public rights-of-way. No sign shall extend over any public right-of-way. The base and standard of all free- standing signs shall be set back at least five feet from all public or private road rights-of-way and from all interior lot or property lines. Any sign located within 35 feet of the intersection of any two street right-of-way lines shall be so designed, located and constructed that a free and unobstructed view is provided from the established grade to a height of ten feet above the established grade.

(Ord. 1999-7, passed 5-25-99; Am. Ord. 2010-9, passed 11-23-10; Am. Ord. 2010-14, passed 12-14-10)

153.314 TEMPORARY SIGNS.

Temporary signs are exempt from permit requirements if the following regulations are met.

(A) Temporary signs shall not exceed 12 square feet on any individual zoning lot. If located on a vacant lot, such signs shall not be within 15 feet of the street line, nor within six feet of any other lot line.

(B) No temporary sign shall be situated on public walks or roadways excluding sidewalk sale signs used in events not to exceed two consecutive days and not blocking over 50% of the sidewalk.

(C) A temporary sign shall not obstruct the vision of motorists at any intersection at the entrance or exit of a business, street or alley.

(D) Any temporary banners across state highways shall have a copy of written permission from the Illinois Department of Transportation filed with the Secretary of the Board of Appeals.

(E) A temporary sign shall not remain on the lot for a period exceeding 90 consecutive days. When the sign is removed, it may not be erected again until 60 days has elapsed after its removal.

(Ord. 1999-7, passed 5-25-99)

153.315 PUBLIC SERVICE AND NON-PROFIT SIGNS.

Public service and nonprofit organizations which desire to erect a permanent sign must file a “letter of intent” with the Board of Appeals and meet all other sign regulations for the district in which the sign will be located. No fee is required. Non-compliance with this section can result in fines for each day of violation as set forth in § 153.999.

(Ord. 1999-7, passed 5-25-99)

153.316 ADDITIONAL REQUIREMENTS.

Any sign along a state route must also conform with Illinois Department of Transportation regulations.

(Ord. 1999-7, passed 5-25-99)

FLOOD PLAIN REGULATIONS

153.330 GENERALLY.

Pursuant to the Illinois Flood Plain Act dated May 31, 1979, all construction in the designated flood plain areas as designated on the Comprehensive Zoning Map of Lewistown Illinois, shall be subject to all restrictions therein provided.

(Ord. 1999-7, passed 5-25-99)

SUBDIVISIONS

153.345 POLICY AND INTEREST.

It is the policy of the city to encourage logical and orderly growth for the city. The development of open lands within the city or one-half mile thereof shall be in accordance with the provisions of this chapter.

(Ord. 1999-7, passed 5-25-99)

153.346 APPLICABILITY.

In accordance with ILCS Ch. 65, Act 5, §§ 11-12-1 et seq., this chapter hereby adopts the provisions of such statutory scheme and creates a Plan Commission. Before any plat, plan, subdivision or re-subdivision of land inside the city is filed with the City Clerk, it shall be approved by the City Council in conformity with this chapter. No transfer of land in the nature of a subdivision as herein defined regardless of the means by which the land is described shall be exempt from the provisions of this chapter. The filing of any document covered within this chapter without meeting the required provisions shall be deemed a violation of the provisions of this chapter. Prior to final approval of any plat covered by this chapter by the City Council, the Plat Officer shall request that the Public Works Director make a estimate of the probable costs required to complete the required improvements included in the final plat. Each person seeking council approval of a plat shall post with the City Clerk at the time the plat is filed a good and sufficient bond in the amount approved by the Council after recommendation by the Plat Officer to insure the completion of the required improvements. The form of the surety shall be approved by the City Attorney, and approved by ordinance by the City Council. In the case of staged projects, sureties may be provided in accordance with a plan approved by the Council provided that no portion of any development shall be filed with the City Clerk unless totally covered by approved surety in the full amount required for that portion being filed.

(Ord. 1999-7, passed 5-25-99)

153.347 DEFINITIONS.

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

CITY ATTORNEY. The City Attorney of Lewistown.

CITY COUNCIL. The City Council of Lewistown.

CITY ENGINEER. The City Engineer of Lewistown or any engineering firm designated by the City Council to review and advise upon a specific project in question. The CITY ENGINEER shall serve as Plat Officer.

COUNTY HEALTH DEPARTMENT. The Fulton County Health Department.

HEALTH REGULATIONS. Any and all health regulations imposed by state, federal, or municipal health statutes, ordinances, administrative rules, or other similar legislative or rulemaking function.

PLAN COMMISSION. The Commission shall be composed of the Chairman of the Street and Alley Committee, Chairman of the Water and Sewer Committee, one additional Alderman appointed by the Mayor, the City Engineer, the City Attorney, and the Mayor. The Mayor shall be the presiding officer but shall vote only in the event of a tie.

SUBDIVISION. The division of any lot, tract, or parcel of land into two or more parts, lots, or tracts for the purpose, whether immediate or future, of sale, division of ownership or development. This definition includes the re-subdivision of previously recorded lands and lots. Division of land for agricultural purposes and where no building construction is involved, in parcels of five acres or more, shall not be included in this definition, unless such subdivision includes the development of a new road or access easement.

SUBDIVISION STANDARDS. Specifications for subdivision designs and improvements contained in standards attachment A to the ordinance codified herein and/or contained in such standards attachment as amended by future action of the City Council.

(B) Definitions not expressly contained herein shall be determined by definitions in the most recent edition of Black’s Law Dictionary, and if not contained therein, by customary usage in the engineering practices.

(Ord. 1999-7, passed 5-25-99)

153.348 PROCEDURE.

(A) Preliminary conference. Prior to the submission of the preliminary plat, the subdivider shall confer with the Plat Officer to discuss the proposed subdivision to insure its conformity with city plans and procedures, the relation to existing facilities and to insure the subdivider is aware of the procedure to be followed in obtaining approval.

(B) Preliminary plat. Upon completion of the preliminary conference, any person subdividing lands as herein defined shall prepare or have prepared and submit to the City Engineer a preliminary plat of the proposed subdivision. Such preliminary plat shall conform to and include as a minimum the following:

(1) Six copies of a preliminary plat drawn to 100 feet to the inch or larger showing the following:

(a) The overall tract and its internal division with dimensions;

(b) Location sketch or attached location map with sufficient detail to insure the tract can be related easily to existing properties and landmarks;

(c) The locations and right-of-way widths of any streets, alleys and utility easements. The preliminary plat should include the ultimate development plan even though the subdivider may decide to stage the actual development. Existing facilities including streets and public utilities shall be shown on all sides of the proposed subdivision for a distance designated by the City Engineer but not less than 500 feet;

(d) General surface water drainage plan for both surface and sub-surface drainage for the final development plans;

(e) Existing and proposed zoning for the subdivision and the adjoining area as defined in § 153.347;

(f) The name of the proposed division, its owner or owners, north arrow, scale, date and the engineer or surveyor who prepared the proposed plat;

(g) Typical roadway cross section with street construction details;

(h) Contours of not more than five-foot intervals and/or profiles of proposed streets and alleys may be required by the Plan Commission; and

(i) The subdivider shall attach specifications of proposed water and sewer facilities;

(2) Upon receipt of the preliminary plat and supporting documents, the City Engineer shall review the submittal for completeness and accuracy and upon determining that the submittal is complete shall submit copies to the Plan Commission, the County Health Department, if either water or sewer are not to be city facilities and to the proper highway authority if proposed public roads are to be developed and not city maintained or the subdivision is adjacent to a existing public roadway not under city jurisdiction. The Plan Commission shall consider the proposed plat at its next scheduled meeting providing no approval can be given until comments are received from the County Health Department and Highway authority if, because of the nature of the subdivision, these agencies are involved. Conditional approval may be granted to a preliminary plat subject to prescribed written conditions but shall be deemed disapproved until such time as the conditions are met. If disapproval is given, the Plan Commission shall furnish the subdivider written reasons for such disapproval. The Plan Commission shall consider the negative response of the Fulton County Health Department for those plats for which city water or sewer is not provided as sufficient reason to disapprove a preliminary plat. The Plan Commission may consider a negative response from the Highway authority as sufficient reason for disapproval.

(3) When a preliminary plat has been approved by the Plan Commission, the subdivider may proceed with the final plat or plats for all or sections of the area covered by the preliminary plat. The preliminary plat shall be considered to be valid for six months after its approval for final plats covering the entire area and two years for those portions not included in a final plat for a portion of the preliminary plat area filed within six months of initial approval. The Plan Commission upon receipt of a written request may, in its discretion, extend such period of validity.

(C) Final plat. Upon approval of the preliminary plat the subdivider may proceed with the preparation of the final plat. The final plat shall be submitted to the City Engineer and shall contain the following information: the original and four copies of the final plat at a scale of one inch equal to one hundred feet (1" = 100’) or larger on a material meeting the approval of the Plat Officer. The plat shall include the following:

(1) The title or name by which the subdivision is to be identified, north point, the scale of the map, and the name of the state registered professional engineer or state licensed or registered land surveyor responsible;

(2) A definite legal description and identification of the tract being subdivided. This description shall be sufficient for the requirements of title examination. The plat shall be a descriptive diagram drawn to scale, and shall show by reference that the subdivision is a particular portion or part of a previously filed plat or recognized grant or partition, which diagram and description shall show as being included in the subdivision, at least all of the smallest unit of the last filed subdivision, plat, or grant, out of which the instant subdivision is divided, or so much thereof as is owned by the subdivider;

(3) The boundaries of the subdivided property, the location or designation of all streets, alleys, parks, and other areas intended to be dedicated or deeded to the public use with proper dimensions. The boundaries of the subdivision shall be indicated by a heavy line and shall be tied by dimension to the established centerline of all existing boundary streets;

(4) The location of all adjacent streets and alleys, with their names and the names of adjoining subdivisions with exact location and designation by number of lots and blocks;

(5) All lot, block and street boundary lines, with blocks and lots numbered or lettered consecutively. Building lines and easements shall be shown and shall be defined by dimension. The actual width of all streets shall be shown, measured at right angles, or radically, where curved. All principal lines shall have the bearing and any deviations from the norm shall be indicated;

(6) Accurate dimensions, both linear and angular, of all items on the plat; the boundary survey on the site shall close within one in ten thousand (1:10,000). Linear dimensions shall be expressed in feet and decimals of a foot; angular dimensions may be shown in bearings. Curved boundaries shall be fully described and all essential information given; circular curves shall be defined by actual length of radius and not by degree of curve. Complete dimensional data shall be given on fractional lots;

(7) The location and description of all lots and block corners and permanent survey reference monuments;

(8) A certificate of ownership in fee of all land embraced in the subdivision, and of the authority of the plat and dedication signed and acknowledged by all owners of any interest in the land. The acknowledgment shall be in the form required in the conveyance of real estate. Approval and acceptance of all lien holders shall be included;

(9) A certificate by the responsible surveyor or engineer in charge, duly authenticated, that the plat is true and correct and in accordance with a determination of surveys actually made on the ground; and

(10) A copy of the final restrictive covenants to govern the nature of the use of the property in said subdivision shall be submitted.

(Ord. 1999-7, passed 5-25-99)

153.349 ADOPTION OF GUIDES.

(A) All new subdivisions shall be in conformance with the comprehensive plan map of the city after its adoption.

(B) Subdivision design and improvement standards. Standards for the design and improvement of subdivisions attached hereto and hereby adopted and all new subdivisions shall conform with these standards except as they may be hereinafter.

(Ord. 1999-7, passed 5-25-99)

153.350 DESIGN STANDARDS.

(A) Streets.

(1) Streets shall align with existing street systems and in conformance with comprehensive plan map after its adoption.

(2) Through traffic on non-major streets shall be discouraged by design and all intersections shall be 90° plus or minus 10°.

(3) Street jogs with centerline off-sets of less than 100 feel shall be avoided.

(4) A 100 feet tangent will be required between all reverse curves.

(B) Easements.

(1) Utility easements shall be required for all subdivisions as directed by the City Engineer.

(2) Existing surface drainage shall be maintained through easements, drainage rights-of-way, and/or designed diversions approved by the City Engineer.

(1) Each lot in a subdivision shall be satisfactory access to a public street.

(2) Side lot lines shall be substantially at right angles or to street lines.

(Ord. 1999-7, passed 5-25-99)

153.351 REQUIRED IMPROVEMENTS.

(A) General.

(1) When a preliminary plat of a subdivision has been approved by the Plan Commission, the developer may submit to the City Engineer plans and specifications for all improvements included in the subdivision. The City Engineer shall within 30 days of the receipt of the plans and specifications, approve same if they conform to the requirements of the ordinance, or disapprove giving the reasons in writing to the subdivider. Thereafter when the subdivider has met the objections if any, the City Engineer shall sign the plans and specifications and deliver same to the subdivider.

(2) Before beginning any construction of the improvements outlined in this section on proposed roadways or public utilities pertaining to any subdivision coming under the provisions of this chapter, five complete sets of plans and specifications of such construction, in the form of plats, sketches, or other satisfactory written descriptions shall be filed with the City Engineer. These shall show such features as roadways, cross-sections and longitudinal slope for drainage, full description of proposed pavement or street improvement, its grade and slope, dimensions and specifications concerning public utilities to be installed showing proposed position on the ground, specifications of materials and construction, and profile maps of all sanitary and storm sewers showing both ground surface and flow line, and any other pertinent information of similar nature.

(3) Improvements shall be installed within all of the area of any subdivision or portion thereof given final approval and filed for record.

(4) All improvements shall be designed and constructed in conformity with the provisions of this chapter and no construction shall be commenced until this chapter is so complied with.

(B) Minimum standards.

(1) Permanent markers. Corners and monuments shall be of three-quarter inch iron pipe or five-eights inch iron rod and shall meet the following standards:

(a) Lot corner shall be 24 to 30 inches long with the to set flush with the ground installed on all such corners;

(b) Block corners shall be 24 to 30 inches long with the top set flush with ground and shall be installed on all such corners and on the beginning and end of all curves within each block; and

(c) Reference points shall be 24 to 30 inches long placed one foot below the surface on the finished ground elevation at suitable locations throughout the subdivision. There shall be at least as many reference points as there are blocks in the subdivision but not less than two and the distance between successive monuments along any street or reference line shall not be greater than 1,000 feet. Reference point shall be other than and in addition to markers set for block or lot corners.

(2) Roadway. Roadway grading, pavement and curbs and gutters and other required highway appurtenances shall be in conformance with State of Illinois Motor Fuel Tax standards for municipal construction.

(3) Sidewalks. Sidewalks if required shall be four inch concrete over a six inch aggregate base with wire fabric reinforcement per city specifications.

(4) Street signs and street lights. Street signs and street lights shall be installed in accordance with city requirements.

(5) Water lines.

(a) Where a approved public water supply is reasonably accessible or procurable, each lot within the subdivided area shall be provided with access to such water supply. The layout shall be designed to form a loop system. No main shall be smaller than six inches and the minimum size for service lines shall be four inches, except that two-inch stubs may be extended to serve a maximum of three lots.

(b) Each lot within a subdivision shall be marked with access to the city water supply. The layout shall be in conformance with the City of Lewistown Water Department specifications and be approved by the City Engineer.

(6) Sanitary sewers.

(a) All subdivisions coming under the provisions and having reasonable access to the city sanitary sewer shall provide each lot within the subdivision with access to the sanitary sewer. The design and construction of the sanitary sewer shall be approved by the City Engineer and meet city requirements.

(b) When any subdivision is planned that is not reasonably accessible to a public sanitary sewer, the use of individual sewage treatment systems or a central sewage treatment plant to serve the subdivision must be proposed. The system proposed shall meet the requirements of either the Fulton County Health Department or the State of Illinois EPA depending upon jurisdiction for the type of system proposed. If individual systems are proposed pursuant to Fulton County Health Department requirements, the location of the system and appurtenances and any alternative locations shall be shown on the final plat. If a central system is proposed the financing, operation and maintenance shall be approved by the City Council.

(Ord. 1999-7, passed 5-25-99)

153.352 CHARACTER OF DEVELOPMENT.

(A) The Council shall confer with the subdivider regarding the type and character of development that will be permitted in the subdivision and may agree with the subdivider as to certain minimum restrictions to be placed upon the property to prevent the construction of substandard buildings and control the type of structures, or the use of the lots, which, unless so controlled, would clearly depreciate the character and value of the proposed subdivision and adjoining property.

(B) Subdivision shall fit into and take advantage of natural features of the topography. Existing trees shall be carefully preserved and no tree with a trunk of more than four inches in diameter that is not within a roadway or within a area to be occupied by a building may be removed without a permit issued by the City Engineer.

(C) Where a subdivision contains parks, common space, ornamental areas or other improvements or facilities which cannot or may not be properly maintained or operated by a public agency, the subdivision restrictions shall include trusteeships and assessment arrangements providing for operation and maintenance and the financing thereof by the property owners within the subdivision.

(Ord. 1999-7, passed 5-25-99)

153.353 VARIATIONS AND EXCEPTIONS.

Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in these regulations would result in real difficulties or substantial hardship or injustice, the City Council, after report by the Plan Commission, may vary or modify such requirements so that the subdivider may develop his property in a reasonable manner, but so that, at the same time, the public welfare and interests of the county are protected and the general intent and spirit of these regulations preserved.

(Ord. 1999-7, passed 5-25-99)

153.354 REQUIRED SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS.

For Rights-of-Way	Low Density Residential Area - Over 20,000 sq. ft. per Dwelling Unit	Medium Density Residential Area - 6,000 sq. ft. to 20,000 sq. ft. per Dwelling Unit	High Density Residential Area - Less than 6,000 sq. ft. per Dwelling Unit	Commercial and Industrial Areas
Right-of-way width (ft.) minor streets	50	50	50	66
Alley width if provided (ft.)	20	20	24	24
Easements - total (ft.)	10	10	10	10
Maximum block length (ft.)	1,500	1,000	1,000	N/A
Minimum block length (ft.)	500	500	400	N/A
Maximum cul-de-sac length (ft.)	1,500	1,000	750	None
Minimum cul-de-sac radius (ft.)	40	50	50	None
Pavement width (ft.) back to back of curb	22	28	36	36
Maximum grade (percent)	10	8	6	4
Minimum grade (percent)	0.5	0.5	0.5	0.5
Minimum sight distance (ft.)	150	150	150	200
Sidewalk width (ft.)	0	4	5	10
Sidewalk distance from curb (ft.)	—	6	6	0 or 6
Curb and gutter required	No	Yes	Yes	Yes
Public water required	Yes	Yes	Yes	Yes
Public sanitary sewer required	No	Yes	Yes	Yes
Storm drainage required	yes	Yes	Yes	Yes
For Lots
Minimum building line (ft.)	35	30	25	25
Minimum lot width at building line (Ft.)	80	60	50	N/A
Minimum lot depth (ft.)	130	100	100	N/A
Minimum lot depth (ft.)	3 times width	3 times width	3 times width	N/A
Minimum average lot width for corner lots (ft.)	85	85	85	N/A
Right-of-way radius on corner lots (ft.)	20	20	30	30

(Ord. 1999-7, passed 5-25-99)

POWERS OF THE BOARD OF APPEALS

153.365 POWERS.

The Board of Appeals shall have the following powers:

(A) To hear and decide appeals where it is alleged that there is a error in any action by the Zoning Enforcement Officer or other administrative official in carrying out the provisions of this chapter, and for interpretation of the comprehensive zoning map;

(B) To hear and decide applications for a variance in cases where there are practical difficulties of particular hardship in the manner of carrying out the provisions of this chapter. Before any variance is granted, the Board must make a finding of facts that all of the following conditions are shown to be present.

(1) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone;

(2) The plight of the owner is due to unique circumstances; and

(3) A variance, if granted, will not alter the essential character of the locality. In granting a variance, the Board may attach thereto any conditions and safeguards it deems necessary or desirable in the furtherance of the purpose of this chapter;

(C) To vary the yard regulations where there is a exceptional or unusual physical condition of a lot, which conditions are not generally prevalent in the neighborhood or when related to the yard regulations of this chapter, would prevent a reasonable or sensible arrangement of structures on the lot.

(D) To vary the parking regulations where a applicant demonstratives conclusively that the specific use of a structure would make unnecessary the parking spaces required in this chapter providing that such a reduction be not more than 50% of the applicable requirement;

(E) All final administrative decisions of the Board shall be subject to the review of the City Council pursuant to the “Administrative Review Act”, approved May 8, 1945 and all amendments and modification thereof, and the rules adopted pursuant thereto;

(F) Annexations. The Board of Appeals shall make zoning recommendations for property as it comes into the municipality by City Council approval. The Board shall suggest various zoning district classifications and land use criteria through the pre-zoning process;

(G) Non-conforming use and conditional use variances. The Board may, after a public hearing, grant a non-conforming use or conditional use variance to provide for the use, expansion or rebuilding of a structure, or business for non-conforming or conditional use. The Board shall impose conditions that insure that:

(1) The use or expansion shall not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;

(2) That the non-conforming or conditional use will not be injurious to the use and enjoyment of other property in the immediate area, nor substantially diminish and impair property values within the neighborhood;

(3) The use or expansion of the non-conforming or conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;

(4) The use or expansion will not eliminate utilities, access roads, drainage, and/or other necessary facilities;

(5) The use or expansion will not limit adequate ingress and egress to said non-conforming or conditional use or have the affect of increased traffic congestion in public streets in said areas, and adequate off street parking will be available; and

(6) The use or expansion shall in all other respects conform to the applicable regulations in the district in which it is located and the Board finds that there is a public necessity for the use or expansion of the non-conforming or conditional use.

(H) All proceedings before the Zoning Board of Appeals shall be conducted in accordance with rules 1-11 enacted in conjunction with this chapter and such other and further procedural rules as are created by amendment by the City Council.

(Ord. 1999-7, passed 5-25-99)

153.366 RULES OF PROCEDURE – GENERAL PROVISIONS.

(A) These rules are supplementary to the provisions of the Zoning Ordinance of Lewistown, Illinois as they relate to procedures of the Board of Appeals, hereinafter “Board”.

(B) Any member who has an interest in a matter before the Board shall not vote thereon and shall remove himself or herself from any meeting or hearing at which said matter is being considered.

(C) Nothing herein shall be construed to give or grant the Board the power or authority to alter or change the zoning ordinance including the zoning map. Such power is reserved to the City Council.

(D) The City Attorney shall be consulted in cases where the powers of the Board are not clearly defined. Prior to issuance of any building permit or the taking of any action with regard to a particular property, the Board and/or its Enforcement Officer shall consult with the City Clerk, who shall check the city’s records with regard to whether litigation is pending with regard to the property in question and confirm that no litigation is pending. No building permit shall be issued with regard to a property involved in litigation unless the repairs or improvements proposed will remedy the conditions complained of in the litigation.

(E) The office of the Board shall be located in the City Building, Lewistown Illinois.

(Ord. 1999-8, passed 5-25-99)

153.367 OFFICERS AND DUTIES.

(A) The Board shall consist of seven members. One of the members shall be appointed Chairman by the City Council, City of Lewistown. There shall also be a Secretary and Zoning Enforcement Officer who are non voting members of the Board.

(B) The City Council shall designate the Chairman, Secretary and Zoning Enforcement Officer to serve one year commencing on the first council meeting in May to the first council meeting in May the following year. The Board shall elect from among its members a acting Chairman to act when the Chairman is absent. In the event of death, removal for cause, or resignation, successors shall be named by the City Council. The City council shall appoint the seven members of the Board to a five-year term except when replacing a existing Board member in which case the new member shall serve for the remainder of the term of the member replaced.

(C) The Chairman shall oversee the daily operations of the zoning office, supervise the affairs of the Board, shall appoint committees and subcommittees as may be necessary to carry out the purpose of the Board, and shall administer the truth oath to all witnesses in cases before the Board. The Chairman shall be an ex-officio member of all committees and subcommittees so appointed.

(D) The acting Chairman, in the absence or disability of the Chairman, shall perform all the duties, and exercise all powers, of the Chairman.

(E) The Secretary shall:

(1) Record and maintain permanent minutes of the proceedings of the Board showing the vote of each member upon every matter as well as noting the absence or failure to vote of any member;

(2) Keep records of examinations of the Board and other official actions;

(3) Summarize accurately the testimony of those appearing before the Board;

(4) Keep the names and addresses of all persons appearing before the Board;

(5) Conduct the correspondence of the Board and have published in a local newspaper public notices of meetings or hearings as required by law and these rules of procedure;

(6) File said minutes and records; and

(7) Act as the custodian of the files of the Board and maintain a file of all records.

(F) All minutes, records, and files of the Board shall be a public record unless exempted from disclosure under the Freedom of Information Act.

(G) The Zoning Enforcement Officer shall act as the inspector for the Board. When a permit application is received by the Secretary, the file shall be reviewed by the Zoning Enforcement Officer to determine if required information is on the application. The Zoning Enforcement Officer shall then go to the sight of the proposed construction and inspect the stakes set by the applicant to determine if all measurements on the application are correct. Prior to issuance of any permit, the Zoning Enforcement Officer shall consult with the City Attorney to determine whether litigation is pending with regard to the property in question. If all requirements for a valid permit are met, the Zoning Enforcement Officer shall issue a permit at that time. If further information is needed, the Zoning Enforcement Officer shall return the application to the Secretary and request further information to be supplied. If further questions or problems exist, the Zoning Enforcement Officer shall consult with the Chairman for the final decision on the application at which time the Zoning Enforcement Officer shall either grant or deny the permit. If the permit is denied, the applicant shall be advised by the Secretary of the variance procedures. In the absence of the Zoning Enforcement Officer, the Chairman shall be responsible for the duties of the Zoning Enforcement Officer.

(Ord. 1999-8, passed 5-25-99)

153.368 MEETINGS.

(A) meetings of the Board shall be held on an as needed basis at such time as the Chairman may designate, with proper public notice.

(B) Meetings may be canceled by the Chairman when there are no pending matters or previously pending matters are resolved without the need for a meeting. Notification of cancellation shall be given to members not less than 48 hours prior to the time set for such meeting.

(C) Special meetings may be called by the Chairman at his discretion, or upon the request of two or more members, provided that 72 hours notice is given to each member and proper public notice given.

(D) All meetings of the Board shall be open to the public.

(E) A quorum shall consist of four members for any regular or special meeting, and is required for any decision, determination, or official action of the Board.

(F) Public hearings shall not be held by less than a quorum of the Board, but shall be immediately adjourned.

(Ord. 1999-8, passed 5-25-99; Am. Ord. 2009-1, passed 1-27-09)

153.369 ORDER OF BUSINESS.

(A) All meetings of the Board shall proceed as follows.

(1) Roll call and declaration of quorum.

(2) Reading and approval of the minutes of the previous meeting.

(3) Communications.

(4) Reports of committees.

(5) Call of cases on agenda and hearing of request for continuances.

(6) Hearing of cases on the agenda.

(7) Unfinished business.

(8) New business.

(9) Adjournment.

(B) Continuances. Continuances may be granted at the discretion of the Board in any case where good cause is shown and to any interested party who has entered their appearance as follows:

(1) New cases, defined as cases appearing for the first time on the agenda; or

(2) Continued cases, defined as cases which have previously appeared on the agenda of the Board. Requests for further continuances will be considered upon request therefor by the party or their representative at the time the case is called, and upon showing:

(a) That the party has given reasonable notice in writing to the Board prior to the hearing; and

(b) That the party will be unable to proceed with his evidence at this hearing.

(1) The Chairman may entertain a motion from the Board to dismiss the case for failure of the applicant or his legal representative to appear.

(2) In cases which are dismissed for failure to appear, the applicant will be provided with written notice thereof by the Secretary.

(3) The applicant shall have seven days from the date of mailing the notice of dismissal to apply for reinstatement of the case. In such cases, the applicant must file written notice with the Secretary for reinstatement. Reinstatement shall be at the discretion of the Chairman for good cause shown, and upon payment of a fee of $15 plus any publishing fees that may be applicable.

(4) In all cases reinstated in the above described manner, the case will be docketed and advertised in the manner prescribed for new cases.

(Ord. 1999-8, passed 5-25-99)

153.370 PROCEDURES ON APPEALS.

(A) A appeal to the Board pertaining to a decision made by the Zoning Enforcement Officer or the Board of Appeals, may be taken by anyone who has a direct interest in the outcome of the decision or the applicant. Any individual owning any real property located within 300 feet of any boundary of the subject property shall be considered to have a direct interest in the outcome of the decision.

(B) To be considered, a appeal must be filed with the Secretary of the Board within 20 days of a decision by the Zoning Enforcement Officer or the Board of Appeals.

(C) The applicant or complainant shall provide all the information pertaining to the appeal as well as any additional information in writing that may be required by the Board to review the decision. Failure of the applicant or complainant to provide requested documentation or information within 30 days of the request shall be considered sufficient grounds to dismiss any appeal.

(D) Upon receipt of a timely filed appeal, the Secretary shall assign it a case number and place it on the agenda of the Board for hearing within 60 days. Requests for appeal shall be assigned for hearings in the order in which they are filed.

(E) If the Board of Appeals rejects the appeal, the Secretary of the Board shall notify the plaintiff in writing within ten days of the decision and supply a copy of the Boards decision. If the plaintiff wishes to appeal the first decision of the Board, They may request a rehearing before the Board of Appeals to review evidence again and review any new evidence the plaintiff wishes to enter. This must be done within 30 days of the first decision of the Board. This decision of the Board shall be final.

(F) Any appeal of the final decision of the Board may be made to the City Council in writing within 30 days of its rendition. The City Council shall follow the same procedures and exercise the same powers as the Board of Appeals with regard to hearing a appeal of the Board’s decision.

(G) Decisions of the City Council are reviewable by the Circuit Court pursuant to the administrative review law.

(Ord. 1999-8, passed 5-25-99)

153.371 PROCEDURES ON VARIANCES.

(A) A request for variance (including non-conforming uses, conditional uses, and setback variations) from these regulations may be taken by a aggrieved person where there may be particular hardship arising under the Zoning Ordinance relating to the use, construction or alteration of buildings or structures, or the use of land.

(B) A request for variance shall be considered only upon the filing of a request for a variance with the Secretary.

(C) The applicant shall provide, on the form provided by the Board, required information, therein pertaining to the request for variance as well as any additional information that may be required by the Board to aid it in making a decision.

(D) Upon filing a request for variance, the applicant shall pay a fee of $15 plus a publishing fee which shall be established by the City Council, and shall be deposited with the Secretary.

(E) Upon receipt of a properly filed application for variance and receipt of the fee, the Secretary shall assign it a case number and place it on the agenda of the Board for hearing within 60 days. Applications for variance shall be assigned for hearing in the order in which they are filed.

(Ord. 1999-8, passed 5-25-99)

153.372 NOTICE OF HEARINGS.

(A) The Secretary shall give notice of the place and the time of the hearing of the appeal to the parties concerned either in person or by certified mail, not less than seven days nor more than 30 days prior to the hearing. The notice shall give the name and address of the property owner, the location of the property, and a brief statement of the nature of the appeal, and contain a legal description of the property affected and the common address, so that the property can be easily identified. The notice shall be sent to the property owners, as indicated from the tax records of the Treasurer of Fulton County, of all property adjacent to, or within 300 feet of any property line in each direction of the location for which the appeal or variance is requested. The applicant shall famish the Board a complete list of names and last known addresses of the owners of property required to be served at the time the application is filed. The Board shall request that the City Attorney verify the accuracy of such list prior to the sending of such notice.

(B) The Secretary shall cause public notice to be published at least once in a newspaper having general circulation in the city, not more than 45 days nor less than 15 days prior to the hearing. The notice shall state the place, date and time of the hearing, the location of the property for which the request for variance or conditional use permit is requested, and a brief statement of the nature of the application. It shall contain a legal description of the property affected and its common address. The notice shall further state that the complete application for variance is available for inspection by the public at the office of the Clerk of the City of Lewistown. The Secretary shall make a copy of the complete application for variance available at the office of the Clerk of the City of Lewistown.

(Ord. 1999-8, passed 5-25-99; Am. Ord. 2004-17, passed 11-23-04)

153.373 PROCEDURES ON HEARING.

(A) At the time of the hearing, the applicant must appear in person or be represented by counsel. In the case of a corporation, the applicant may be represented either by a officer of the corporation or by counsel. No agent other than legal counsel or a officer of a applicant corporation may represent the applicant at the hearing.

(B) All witnesses shall testify under oath.

(1) The application shall be called.

(2) The Board shall review the application.

(3) The Board shall discuss the application.

(4) The applicant shall present his or her evidence through sworn testimony, or, if all necessary sworn information is contained in the application, make any statements he or she wishes at this time. Any opposing party entering his or her appearance shall be afforded the opportunity to cross-examine the applicant. Hearsay shall not be admissible unless falling within a recognized common law exception to the hearsay rule.

(5) The Chairman shall ask if there is any further evidence to be presented. If a opposing party indicates that he or she has evidence to present, he or she shall be allowed to enter his or her appearance and present evidence. No unsworn statements, including letters of parties not appearing at the hearing, shall be considered. The applicant shall be afforded the opportunity to cross-examine any opposing party entering his or her appearance. Hearsay shall not be admissible unless falling within a recognized common law exception to the hearsay rule.

(6) After a motion to accept or reject the application, and a second, the Board shall vote upon the application by a roll call vote by the Secretary.

The motion must receive a simple majority of all Board members then currently holding office.

(D) Except as herein provided, the hearing shall comply with the standards customarily applicable to administrative proceedings as set forth in ILCS Ch. 5, Act 100, § 10-40, to wit:

(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence and privilege as applied in civil cases in the circuit courts of this state shall be followed. Evidence not admissible under those rules of evidence may be admitted, however, (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced, any part of the evidence may be received in written form.

(2) Subject to the evidentiary requirements of division (D)(1) of this section a party may conduct cross-examination required for a full and fair disclosure of the facts.

(3) Notice may be taken of matters of which the circuit courts of this state may take judicial notice. In addition, notice may be taken of generally recognized technical or scientific facts within the agency’s specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded a opportunity to contest the material so noticed. The agency’s experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.

(E) The Chairman shall rule on all questions relating to the admissibility of evidence. The City Attorney shall make recommendations to the Chairman with respect to rulings on questions of law, including evidentiary questions.

(Ord. 1999-8, passed 5-25-99)

153.374 DECISIONS.

(A) Final decisions or recommendations of the Board shall be made in writing within 14 days from the date of the hearing.

(B) The Board shall conduct its vote in public session at the meeting in which evidence is concluded, unless the Board feels additional time for deliberation is necessary which shall also be conducted in public session.

(C) A concurring vote of four Board members shall be necessary to reverse any order, requirement, decision or determination of the Zoning Enforcement Officer, or to grant a variance or present a modification of the ordinance to the City Council.

(D) All deliberation and decisions of the Board shall be made at a public meeting by motion made, seconded, and the Secretary polling the members by a roll call vote. The motion which decides the issue shall be in the form of findings by the Board. If conditions are imposed in the granting of a variance or in recommending the modification of the ordinance, such conditions shall be included as part of the motion.

(E) The minutes of all meetings and hearings shall be reviewed for accuracy by the Chairman and the Board and all members present shall sign the minutes. All minutes shall be a part of the public record of the Board. In the case of any contested hearing, a record shall be preserved and made available as follows:

(1) The record in a contested case shall include the following:

(a) All pleadings (including all notices and responses thereto), motions, and rulings;

(b) All evidence received;

(d) Any offers of proof, objections, and rulings thereon;

(e) Any proposed findings and exceptions;

(f) Any decision, opinion, or report by the administrative law judge;

(g) All staff memoranda or data submitted to the administrative law judge or members of the agency in connection with their consideration of the case that are inconsistent with ILCS Ch. 5, Act 100, § 10-6; and

(h) Any communication prohibited by ILCS Ch. 5, Act 100, § 10-60. No such communication shall form the basis for any finding of fact;

(2) Oral proceedings or any part thereof shall be recorded stenographically or by other means that will adequately insure the preservation of the testimony or oral proceedings and shall be transcribed on the request of any party. To this end, all meetings shall be recorded on audio and/or video tape.

(3) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

(F) Notice of the decisions of the Board shall be given to the applicant and Zoning Enforcement Officer as soon as possible after the decision is reached, not to exceed 14 days. Any other interested parties may request a copy of the decision of the Board.

(G) Unless otherwise specified by the Board, any order or decision of the Board authorizing a variance or conditional use permit, shall expire if the applicant fails to obtain a building a permit within 90 days from the date of the decision. Exemption to this rule is given to federally funded projects which shall obtain a permit as soon as practical.

(Ord. 1999-8, passed 5-25-99)

153.375 RECORDS.

A individual file of materials and decisions relating to each case shall be kept by the Secretary as part of the records of the Board.

(Ord. 1999-8, passed 5-25-99)

153.376 AMENDMENT OF RULES.

(A) These rules may be amended by a two-thirds majority vote of the City Council. The Board of Appeals may make recommendations to the City Council of such changes.

(B) The proposed amendment must be presented in writing at a regular or special meeting preceding the meeting in which the vote is taken.

(Ord. 1999-8, passed 5-25-99)

PLAN COMMISSION

153.385 CREATION.

Pursuant to ILCS Ch. 65, Act 5, § 11-12-4, the City of Lewistown hereby creates a Plan Commission vested with all powers granted to plan commissions pursuant to ILCS Ch. 65, Act 5, § 11-12-5.

(Ord. 2001-5, passed 6-12-01)

153.386 MEMBERSHIP; MEETINGS.

(A) The members of the Plan Commission shall be the members of the Zoning Board of Appeals.

(B) Meetings of the Plan Commission shall be held contemporaneously with meetings of the Zoning Board of Appeals and shall be governed by the procedures applicable to the Zoning Board of Appeals as set forth in the Zoning Ordinance of the City of Lewistown.

(Ord. 2001-5, passed 6-12-01)

HOME OCCUPATION PERMITS

153.390 ALLOWABLE HOME OCCUPATION PERMITS.

(A) The following occupations do not require a hearing, but do require a permit:

(1) Small engine repair shop;

(2) Beauty shop/barber shop having no more than one chair;

(3) Dance or exercise classes;

(4) Woodworking shop;

(5) Furniture refinishing shop;

(6) Hobby or craft shop; and

(7) Sewing or alterations shop.

(B) These home occupations must meet the requirements of § 153.391 and may only operate between the hours of 7:00 a.m. and 6:00 p.m.

(Ord. 1999-7, passed 5-25-99)

153.391 SPECIAL HOME OCCUPATION PERMITS.

(A) It is recognized that there are certain part-time or full-time occupations which could be carried out within the confines of ones property which would otherwise be in violation of this chapter but by their nature, are not of such commercial character to be objectionable. There for the Board is empowered to grant special home occupation permits, after public hearing, for those occupations which meet the following conditions:

(1) The applicant must be a resident of the home for which the permit is being issued;

(2) No more than one employee outside the immediate family is employed;

(3) Off street parking is provided;

(4) No sign larger than two feet by three feet shall be displayed;

(5) No operation or procedure is involved which would create noise levels higher than that which would be associated with normal household or hobby activities; and

(6) No operation or procedure is involved which would create or maintain a nuisance. Operation of a business which involves a potential accumulation of junk, inoperable vehicles or parts thereof, used appliances, or similar items outside of any building on the property in question shall be presumed to potentially create or maintain a nuisance.

(B) The Board shall impose those conditions upon the special home occupation permit which will insure that such use shall not become objectionable. The special home occupation permit is not transferable.

(C) For non-conforming use, conditional use, and special home occupation permits, the hearing and notification of adjoining property owners provisions set forth in Rule 7 of the Administrative Rules of Zoning Procedure shall apply.

(Ord. 1999-7, passed 5-25-99)

AMENDMENT

153.405 GENERALLY.

The City Council may amend, supplement, modify or repeal the regulations and boundaries as provided in this chapter.

(Ord. 1999-7, passed 5-25-99)

153.406 PROCEDURE.

A public hearing shall be held by the Board of Appeals before adoption of any amendment, supplement or change by the City Council. Public Notice of such public hearing shall be placed in a newspaper of general circulation within the community not more than 30 days nor less than 15 days before the hearing.

(Ord. 1999-7, passed 5-25-99)

153.407 PROTESTS.

In case of written protests against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage directly opposite of that to be altered, such protests shall be filed with the City Clerk and the amendment shall not be passed except by a favorable vote of two thirds of the City Council.

(Ord. 1999-7, passed 5-25-99)

153.408 FEES.

In order to partially defray the expenses of a zoning change public hearing, each applicant petitioning for a zoning change shall deposit with the City Clerk the sum of $35 dollars. No part of such amount shall be refunded for failure of the amendment to be enacted into law. Additionally, the applicant shall pay the actual cost of publication before the hearing.

(Ord. 1999-7, passed 5-25-99)

153.409 APPROVAL OF BOARD OF APPEALS.

No amendment shall become effective unless it is first submitted to and approved by the Zoning Board of Appeals, or if disapproved, shall receive a two thirds majority vote of the entire City Council.

(Ord. 1999-7, passed 5-25-99)

153.410 COMPREHENSIVE ZONING MAP TO BE PUBLISHED.

The City Council shall cause to be published no later than March 31 of each year, a map clearly showing the existing zoning districts and classifications. If in any calendar year there are no changes in zoning divisions, no map shall be published for such calendar year.

(Ord. 1999-7, passed 5-25-99)

LEGAL STATUS PROVISIONS

153.425 INTERPRETATION.

(A) In the interpretation and application of this chapter, the provisions contained herein shall be held to be minimum requirements, adopted for the promotion of public health, safety, morals, and general welfare.

(B) Any existing ordinance or part thereof which conflicts with the whole or any part of this chapter is hereby repealed.

(C) In the case of any conflict between this chapter or part thereof, and the whole or part of any existing or future private covenants or deeds, the most restrictive shall apply.

(Ord. 1999-7, passed 5-25-99)

ENFORCEMENT AND PENALTIES

153.440 ZONING ENFORCEMENT OFFICER.

This chapter shall be administered and enforced by the Zoning Enforcement Officer who shall be appointed by the Mayor with the advice and consent of the City Council.

(Ord. 1999-7, passed 5-25-99)

153.441 BUILDING PERMITS.

It shall be unlawful to commence the excavation or the construction of any structure until a building permit has been issued by the Zoning Enforcement Officer. Any person or persons found in violation of this provision are subject to a fine. Each day of non-compliance shall be considered a separate violation. When the Zoning Enforcement Officer is aware of a violation he shall notify the violators in writing that they must obtain a permit prior to continuing work and apply for such permit within seven days. If on the eighth day following such written notice no application has been made for a permit, or if work has been continued after filing an application but before the issuance of a permit, a fine of $5 per day shall be imposed for each day the violation continues after the eighth day. Any person or persons found to have violated this provision for a second or subsequent time within a three-year period shall be fined no less than $100 for each occurrence in addition to receiving a fine in accordance with § 153.999, up to a total maximum penalty of $750 per offense.

(Ord. 1999-7, passed 5-25-99)

153.442 ISSUANCE OF BUILDING PERMITS.

(A) In applying to the Zoning Enforcement Officer for a building permit, the applicant shall submit a dimensional sketch or scale plan indicating the shape, size, height and location of all structures to be erected, altered, or moved and that of any existing structures on the same lot. He or she shall also state the existing and intended use of all such buildings and supply such other information that may be required by the Zoning Enforcement Officer in determining compliance under the provisions of this chapter. If the proposed excavation or construction as set forth in the application is not in compliance with the provisions of this chapter or any other ordinance of the municipality, the Zoning Enforcement Officer shall state such refusal in writing, specifying the reason, and shall immediately forward such notice of refusal to the applicant. The Zoning Enforcement officer shall grant or deny the permit within ten days from the date the application is submitted.

(B) The issuance of a building permit shall not in any way be construed as waiving any provisions of this chapter.

(C) A building permit shall become void 90 days after issuance unless construction on the project, as applied for, has begun. A building permit shall be valid for a period of 12 months from the date of issuance. The Zoning Enforcement Officer may issue a one time extension for each project for a period of 12 months , upon written application therefor during the first 12 month period. The right to extend shall not include the right to grant additional relief by expanding the scope of the permit.

(D) Any civic organization, governmental body or other not-for-profit organization shall not be required to pay the first $10 of any permit fee provided all required applications for permit are filed and all applicable conditions are met for that zoning district. Any non-compliance with these regulations is subject to legal action and/or the penalties as set forth in § 153.999.

(Ord. 1999-7, passed 5-25-99)

153.443 FEES.

(A) To partially defray the expenses of administering this chapter, a fee shall be collected by the secretary at the time of application in accordance with the following schedule:

Residential Use
$0 - 5,000	$10
$ 5,000 - 10,000	$20
$10,001 - 25,000	$40
$25,001 - 50,000	$80
$50,001 and above	$100

Commercial and Industrial Uses
$0 - 5,000	$30
$ 5,000 - 10,000	$50
$10,001 - 25,000	$100
$25,001 - 50,000	$200
$50,001 - 100,000	$250
$100,000 and above	$3 per 1,000

(B) Sign fees. The fee for a permit to construction or erect any sign shall be $5.

(C) Hearing fees. Fees for all hearings before the Board of Appeals shall be $15 administration fee plus a publishing fee based on the actual cost of publishing the Public Notice. The applicant shall deposit with the Secretary of the Board, the administration fee at the same time as the application. The Secretary shall notify the applicant as soon as possible as to the publishing fee, which must be paid in full before the hearing is held.

(Ord. 1999-7, passed 5-25-99)

153.444 CERTIFICATE OF OCCUPANCY.

No land, building or structure, or part thereof hereafter altered or erected in its use shall be used until the Zoning Enforcement Officer has issued a certificate of occupancy, indicating that such land, building, structure or part thereof, and the proposed use thereof, comply with the provisions of this chapter. Within five days after notification that a building, land or structure or a part thereof is ready for occupancy or use, it shall be the duty of the Zoning Enforcement Officer to make a final inspection thereof and to issue a certificate of occupancy if the land, building, structure or part thereof, and the proposed use thereof, are found to conform to the provisions of this chapter, or if such certificate is denied, to state in writing, specifying the reasons thereof, and immediately forward the same to the applicant. If conditions of a property warrant concern on the part of the Zoning Enforcement Officer with regard to the compliance of the building in question with applicable health and safety regulations, the Zoning Enforcement Officer shall contact the Fulton County Health Department and request a inspection of the premises by such agency. If such inspection is requested, no certificate of occupancy shall be issued prior to the completion of such inspection and compliance by the applicant with any and all recommendations or orders of the Fulton County Health Department.

(Ord. 1999-7, passed 5-25-99)

153.999 PENALTY.

(A) In cases where any structure is erected, constructed, reconstructed, altered, converted or any structure or land is used in violation of this chapter, the proper authorities of the city, in addition to other remedies, may institute any appropriate actions or proceedings to prevent the occupancy of such structure or land.

(B) Any person violating any provisions of this chapter shall be fined not less than $25 nor more than $750 for each offense.

(D) The city may recover its attorneys fees and litigation expenses incurred in enforcing this chapter.

(E) The city may receive injunctive relief for enforcement of this chapter, including enjoining occupancy or use of any building or structure for which a violation exists.

(Ord. 1999-7, passed 5-25-99)