ItemPage Number
Article 1.Authority
Section 1.1 Title...... 1
Section 1.2 Authority and Purpose...... 1
Section 1.3 Applicability...... 1
Article 2.Language and Definitions
Section 2.1 Rules for Interpreting Language...... 2
Section 2.2 Definition of Terms...... 2
Article 3.General Provisions
Section 3.1 Height Exceptions and Limitations...... 12
Section 3.2 Yard Encroachments
3.2.1 Structural Overhangs...... 12
3.2.2 Sills and Belt Courses...... 12
3.2.3 Air Conditioners and Similar Mechanical Equipment...... 12
3.2.4 Fire Escapes, Outside Stairways, Balconies, Chimneys, etc...... 12
3.2.5 Decks...... 12
3.2.6 Swimming Pools and Related Structures...... 13
3.2.7 Trellises, Play Equipment, Lights, Outdoor Furniture, etc...... 13
3.2.8 Unenclosed Porches, Steps and Paved Terraces...... 13
3.2.9 Gasoline Pumps and Islands...... 13
3.2.10 Fences and Walls...... 13
3.2.11 Utility Buildings...... 13
3.2.12 Parking Areas and Driveways...... 13
3.2.13 Sidewalks...... 13
3.2.14 Satellite Dish Antennas...... 13
3.2.15 Miscellaneous Structures and Devices...... 13
Section 3.3 Home Occupations
3.3.1 Applicability...... 13
3.3.2 Permitted Home Occupations...... 14
3.3.3 Home Occupation Standards...... 14
Section 3.4 Parking of Commercial Vehicles in Residential Areas...... 15
Section 3.5 Parking or Storage of Vehicles
3.5.1 Prohibition of Junk Vehicles...... 15
3.5.2 Limitation on Number of Automobiles...... 15
ItemPage Number
Section 3.6 Accessory Uses and Structures
3.6.1 Authorization...... 16
3.6.2 Use Limitations...... 16
3.6.3 Location...... 16
Section 3.7 Fences and Walls
3.7.1 Easements and Rights-of-Way...... 17
3.7.2 Front Yard...... 17
3.7.3 Side Yard...... 17
3.7.4 Rear Yard...... 17
3.7.5 Prohibited Materials...... 17
Section 3.8 Nonconformities
3.8.1 Purpose and Intent...... 17
3.8.2 Continuation of Nonconformities...... 17
3.8.3 Expansion or Change of Nonconformities...... 17
3.8.4 Repair of Alteration of Nonconformities...... 18
3.8.5 Reconstruction of Nonconformities After Catastrophe...... 18
3.8.6 Cessation of Nonconformities...... 18
Section 3.9 Required Corner Visibility...... 18
Section 3.10 Satellite Dish Antennas...... 18
Section 3.11 Pet Regulations...... 19
Article 4.Zoning Districts
Section 4.1 Establishment of Districts...... 20
Section 4.2 Official Zoning Map
4.2.1 Boundaries...... 20
4.2.2 Measurement of Boundaries...... 20
4.2.3 Annual Publication...... 21
4.2.4 Annexation Impact on Zoning...... 21
Section 4.3 Regulation of Uses
4.3.1 Permitted Uses...... 22
4.3.2 Special Uses...... 22
4.3.3 Uses Not Specifically Listed...... 22
ItemPage Number
Section 4.4 Establishment of Size, Dimension and Access Criteria
4.4.1 Lot Size Requirements...... 22
4.4.2 Minimum Yard Requirements...... 23
4.4.3 MaximumBuilding Height...... 23
4.4.4 Access Required...... 23
Article 5.District Regulations
Section 5.1 A-1, Agricultural District...... 24
Section 5.2 RS, Single-Family Residential District...... 26
Section 5.3 RT, Two-Family Residential District...... 28
Section 5.4 RM, Multiple-Family Residential District...... 30
Section 5.5 RMH, Mobile Home Residential District...... 32
Section 5.6 MED, Medical District...... 34
Section 5.7 CD, Downtown Commercial District...... 36
Section 5.8 CG, General Commercial District...... 41
Section 5.9 IL, Light Industrial District...... 46
Section 5.10 IG, General Industrial District...... 50
Article 6.Overlay Districts
Section 6.1 Purpose...... 52
Section 6.2 PUD, Planned Unit Development
6.2.1 Purpose and Intent...... 52
6.2.2 Compliance with Subdivision Regulations...... 52
6.2.3 Application Procedure and Site Plan...... 52
6.2.4 Review of Application and Site Plan...... 54
6.2.5 Criteria for Reviewing Applications...... 55
Section 6.3 H, Historic District
6.3.1 Purpose and Intent...... 55
6.3.2 Designation of Historic Districts and Historic Structures...... 56
6.3.3 Regulations Governing New Structures, Alterations, Demolitions and Environmental Changes 57
6.3.4 Appeals Procedures...... 60
Section 6.4 I, Interchange District
6.4.1 Purpose and Intent...... 60
6.4.2 Zoning and Land Use...... 60
ItemPage Number
Article 7.Resource Protection Standards
Section 7.1 Floodplain Protection
7.1.1 Development Prohibited within Floodway...... 61
7.1.2 Development in Flood Fringe...... 61
7.1.3 Administration...... 61
Section 7.2 Stormwater Management...... 61
Article 8.Development Design and Improvement Standards
Section 8.1 Off-Street Parking and Loading
8.1.1 Purpose and Intent...... 62
8.1.2 Procedure...... 62
8.1.3 Increased Parking Demand...... 62
8.1.4 General Provisions...... 62
8.1.5 Design and Maintenance Standards...... 63
8.1.6 Required Off-Street Parking Spaces...... 64
8.1.7 Handicapped Parking Requirements...... 69
8.1.8 Off-Street Loading Requirements...... 69
Section 8.2 Site Plan Review
8.2.1 Applicability...... 70
8.2.2 Application, Review and Approval of a Site Plan...... 71
8.2.3 Content of a Site Plan...... 73
8.2.4 Maintenance of Constructed Improvements...... 74
Article 9.Sign Regulations
Section 9.1 Purpose and Intent...... 75
Section 9.2 Definitions...... 75
Section 9.3 Sign Permits...... 79
Section 9.4 General Provisions
9.4.1 Scope...... 79
9.4.2 Maintenance and Safety...... 80
9.4.3 Nonconforming Signs...... 80
9.4.4 Prohibited Signs...... 80
9.4.5 Exempted Signs...... 81
9.4.6 Illuminated Signs...... 82
9.4.7 Miscellaneous Requirements...... 82
9.4.8 Flags...... 83
9.4.9 Sign Setbacks...... 83
ItemPage Number
Section 9.5 Signs in Residential Districts
9.5.1 General Limitations...... 83
9.5.2 Residential Development On-Premise Permanent Signs...... 83
9.5.3 Exempt Signs in All Residential Districts...... 83
9.5.4 Multiple-Family Residential Uses and Mobile Home Parks...... 84
9.5.5 Institutional Uses in Residential Districts...... 84
9.5.6 Temporary Election Signs in Residential Districts...... 84
9.5.7 On-Site Construction Signs...... 84
Section 9.6 Signs in Non-Residential Districts
9.6.1 Classification of Signs...... 85
9.6.2 On-Premise Permanent Signs...... 85
9.6.3 Temporary of Incidental Signs...... 86
9.6.4 Special Purpose Signs...... 87
9.6.5 Automobile Service Stations...... 88
9.6.6 Billboards...... 90
Section 9.7 Enforcement and Sign Removal
9.7.1 Sign Code Violations and Enforcement...... 90
9.7.2 Removal of Unlawful Sign...... 91
9.7.3 Immediate Removal of Unlawful or Unsafe Signs...... 91
Section 9.8 Variances
9.8.1 Practical Difficulties or Unnecessary Hardship...... 91
9.8.2 Procedures and Criteria...... 91
Article 10.Special Use Regulations
Section 10.1 Application for Special Use Permit...... 92
Section 10.2 Board of Zoning Appeals Action...... 92
Section 10.3 Public Hearing...... 92
Section 10.4 Criteria for Reviewing Applications...... 92
Section 10.5 Criteria for Specific Special Uses...... 92
Section 10.6 Revocation of Special Use Permit...... 96
Article 11.Administration and Enforcement
Section 11.1 Scope of Provisions...... 97
Section 11.2 Building Official Responsibilities...... 97
ItemPage Number
Section 11.3 Temporary Use Permits
11.3.1 Temporary Outdoor Displays...... 98
11.3.2 Temporary Seasonal Displays and Sales...... 98
11.3.3 Festivals...... 99
Section 11.4 Entry and Inspection of Land and Buildings
11.4.1 Authorized Representatives...... 99
11.4.2 Building Official...... 99
Section 11.5 Building Permits and Demolition Permits
11.5.1 Building Permits...... 99
11.5.2 Demolition Permits...... 99
Section 11.6 Fees, Charges and Expenses...... 100
Section 11.7 Violations and Penalties
11.7.1 Violation of Ordinance...... 100
11.7.2 Penalty...... 100
11.7.3 Other Remedies...... 100
Article 12.Board of Zoning Appeals
Section 12.1 Establishment...... 101
Section 12.2 Composition
12.2.1 Membership...... 101
12.2.2 Length of Term...... 101
12.2.3 Officer...... 101
12.2.4 Rules...... 101
12.2.5 Meetings...... 101
12.2.6 Quorum...... 101
Section 12.3 Appeals
12.3.1 Applicability...... 101
12.3.2 Stay of Proceedings...... 101
12.3.3 Time of Hearing...... 102
12.3.4 Fees...... 102
Section 12.4 Powers of the Board of Zoning Appeals
12.4.1 Powers Relating to Appeals of Administrative Decisions...... 102
12.4.2 Powers Relating to Variances...... 102
12.4.3 Findings...... 102
12.4.4 Vote Required...... 103
ItemPage Number
Section 12.5 Petition of Person Aggrieved by Decision of Board of Zoning Appeals.103
Section 12.6 Expenditures...... 103
Article 13.Planning Commission
Section 13.1 Establishment...... 104
Section 13.2 Membership...... 104
Section 13.3 Term of Office...... 104
Section 13.4 Procedure...... 104
Section 13.5 Powers and Duties...... 104
Section 13.6 Land Subdivision or Re-subdivision...... 105
Section 13.7 Improvements...... 106
Section 13.8 Expenditures...... 106
Section 13.9 Adoption of Comprehensive Plan and Official Map...... 106
Article 14.Amendments
Section 14.1 Change by Petition...... 107
Section 14.2 Administrative Examination...... 107
Section 14.3 Change by City Council...... 107
Section 14.4 Public Hearing...... 108
Section 14.5 City Council Action
14.5.1 Majority Vote Required...... 108
14.5.2 Super Majority Required...... 108
Article 15.Legal Provisions
Section 15.1 Interpretation, Conflict with Other Ordinances...... 109
Section 15.2 Disclaimer of Liability...... 109
Section 15.3 Repeal of Conflicting Ordinances...... 109
Section 15.4 Severability...... 109
Section 15.5 Effective Date...... 109
Summary of Zoning Regulations...... 110
Section 1.1 Title
This Ordinance and any amendments thereto shall be know and cited a the “Zoning Ordinance of the City of Vandalia, Illinois.”
Section 1.2 Authority and Purpose
In accordance with State law (Illinois Compiled Statutes, Chapter 65, Act 5, Section 11-13-1 et seq.) this Ordinance regulates lots, structures and uses in order to preserve, protect and promote the public health, safety and general welfare. More specifically, this Ordinance is intended to assist in achieving the following objectives:
A.To encourage the development of buildings and uses on appropriate sites in order to maximize community-wide social and economic benefits while accommodating the particular needs of all residents, and to discourage development on inappropriate sites;
B.To protect and enhance the character and stability of sound existing residential, commercial and industrial areas, and to gradually eliminate nonconforming uses and structures;
C.To ensure the provision of adequate light, air, and privacy for the occupants of all buildings;
D.To ensure the proper design and improvement of mobile home parks;
E.To authorize and regulate the design of planned developments;
F.To protect the public from property damage caused by fire, flooding, poorly controlled storm water runoff, and adverse soil and topographical conditions;
G.To provide adequate and well-designed parking and loading space for all buildings and uses, and to reduce vehicular congestion on the public streets and highways;
H.To promote the use of signs which are safe, aesthetically pleasing, compatible with their surroundings and legible in the circumstances in which they are seen;
I.To provide for the efficient administration and fair enforcement of all the regulations in this Ordinance; and
J.To provide a pleasant living environment and protect neighborhood settings.
Section 1.3 Applicability
This Ordinance shall be applicable to all lands within the corporate limits of the City and all lands within FayetteCounty which are within one and one-half miles of the City’s corporate limits.
This Article provides the general rules for interpreting language and the definition of terms within the Zoning Ordinance.
Section 2.1 Rules for Interpreting Language
For the purpose of this Ordinance, certain terms or words used herein shall be interpreted as follows:
A.The word “shall” is mandatory; the word “may” is permissive;
B.The word “person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual;
C.The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular unless the context clearly indicates otherwise;
D.The words “used” or “occupied” include the words “intended”, “designed”, or “arranged to be used or occupied” as well as “constructed”, altered”, converted”, “rented”, “leased”, or “intended to be used”;
E.The word “lot” includes the words “plot”, “parcel”, “tract”, “site”, and “space”; and
F.The word “structure” includes the word “building”.
Section 2.2 Definition of Terms
For the purpose of the administration and enforcement of this Ordinance, and unless otherwise stated in this Ordinance, the following words shall have a meaning as indicated herein. All words not specifically defined herein shall have a meaning as found in Webster’s Seventh New Collegiate Dictionary.
Abutting. Having a common border with, or being separated from such a common border by a right-of-way, alley or easement.
Accessory Antenna. An antenna and supporting structure attached to a building designed and used for an amateur radio or citizen band radio (including such antennae used for transmitting and receiving), a similar communication device that only receives a radio frequency (RF) signal or any receive-only home television antenna.
Accessory Use of Structure. A use or structure which is clearly incidental to, customarily found in association with; and serves a principal use; is subordinate in purpose, area, and extent to the principal use served; and is located on the same lot as the principal use, or on an adjoining lot in the same ownership as that of the principal use.
Adjoining Lot. A lot that shares all or part of a common point or line with another lot.
Agriculture. The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses, provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
Alteration. As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
Bed and Breakfast Inn. An operator-occupied residence providing accommodations for a charge to the public with no more than three guest rooms for rent, in operation for more than 10 nights in a 12 month period. No meals shall be provided to guests except for breakfast. Bed and breakfast inns do not include motels, hotels, boarding house, or food service establishments.
Buildable Area. The area of a lot remaining after the minimum yard, dedicated lands and open space requirements of the Zoning Ordinance have been met.
Building. Any enclosed structure designed, constructed or used for residential, commercial, institutional, industrial or agricultural purpose or accessory thereto.
Building, Height of. The vertical distance from the lowest grade 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 the highest eaves and the highest ridge for gable, hip and gambrel roofs.
Building Official. Individuals responsible for the issuance and enforcement of applications for building permits.
ChildCareCenter. A facility which regularly provides day care for less than 24 hours per day for four or more children not related to the operator. A child care center shall include the terms day care center, part day child care facility, and day care home as defined by Chapter 225, Act 10, Section 2 of the Illinois Compile Statutes.
Commercial Vehicle. Any motor vehicle which is designed or used principally for business, governmental or nonprofit organizational purposes or for carrying passengers for hire, or as a platform, cabinet, box, rack, compartment, or other facility for transportation of materials, equipment, and items other than the personal effects of private passengers.
Communication Antenna. Any device that transmits and/or receives radio waves for voice, data or video communications purposes including, but not limited to VHF and UHF television; FM or AM radio; two-way radio, cellular telephone, personal communications services (PCS) or other wireless telephony, fixed point microwave, low power television, or other similar wireless communications and common carriers. This definition does not include small satellite dish antennae that only receive a signal, any other receive only antenna including a satellite earth station, any receive-only home television antenna, or any accessory antenna as herein defined which does not exceed 50 feet in height.
CommunicationTower. A freestanding structure designed for the support of one or more communication antennae and including guyed towers, self-supporting (lattice) towers or monopoles. This definition shall also include any tower, column or similar structure mounted on the roof of a building and exceeding 15 feet in height which is designed for the support of one or more communication antennae. This definition shall not include any structure of 50 feet or less in height owned and operated by an amateur radio operator licensed by the Federal Communications Commission.
CommunicationTower Operator. Any person or entity that owns or has a legal interest in a communication tower, as defined in this Article 2.0, subject to the requirements of this ordinance and the owner of land upon which a communication tower is located or is proposed to be located pursuant to a pending application. This definition specifically excludes any person or entity who is permitted to place particular equipment on a communication tower but otherwise has no ownership or general possessory interest in the communication tower.
Corner Lot. (see Lot, Corner)
District. Any section or area of the City of extraterritorial area for which the Zoning regulations governing the use, placement of structures, yard and setback requirements, and size and dimension criteria are uniform throughout the area covered by this Zoning Ordinance.
Duplex. A residential building divided into two dwelling units.
Dwelling, Attached. A single-family dwelling attached to one or more other singe-family dwellings by common vertical walls.
Dwelling, Detached. A freestanding dwelling unit which is not attached to any other dwelling unit by structural means.
Dwelling, Single-Family. A dwelling designed for occupancy by one family or up to three unrelated individuals including conventionally-built housing and manufactured housing assembled on site, but not including a mobile home as herein defined.
Dwelling, Multiple-Family. A residential building containing three or more dwelling units.
Dwelling Unit. One or more rooms in a residential building or portion of a building which are arranged, designed, used, or intended for use as a complete, independent living facility for no more than one family or up to three unrelated individuals, and which includes permanent provisions for living, sleeping, eating, cooking and sanitation. A dwelling unit must have direct access to the outside or to a public hallway.
Easement. A grant by a property owner of the right of use of his land by another party for a specific purpose.
Family. Any number of individuals related by blood, marriage or adoption living together as a single housekeeping unit.
Farm or Farmland. A parcel of land of not less than five acres, in one ownership, that is used primarily for the commercial, soil-dependent cultivation of agricultural crop production and/or for the raising of livestock, but not including a feedlot.
Fence (or wall). An outdoor freestanding structure of any material or combination of materials erected for confinement, screening or partition purposes.
Floor Area. Floor area shall be determined by measuring the outside dimensions of all enclosed floor are under roof, excluding garages, open and screened porches, carports, terraces, and patios.
Foster Care Home. A private residence licensed by the Illinois Division of Family Services or Department of Mental Health to provide foster care to eight or fewer children who are unrelated to either foster parent by blood, marriage or adoption.
Frontage. All of the property abutting and measured along the street right-of-way line.
Gasoline Service Station. Any structure or land used for retail sales and dispensing of motor vehicle fuels or oils, whether self-service or not. A service station may furnish supplies, equipment and minor repair services, including tires, to vehicles incidental to selling and dispensing of motor vehicle fuels and oils.
Grade. The average of the finished ground level at the midpoint of each wall of a building or mobile home. In case walls are parallel to and within five feet of a public sidewalk, said ground level shall be measured at the sidewalk.
Group Home. See Residential Group Home.
Home Occupation. Any occupation or activity carried on within a residential property where the activity is conducted only be members of the family living within the residence, where products are not offered for sale from the premises, where no evidence of the occupation is visible or audible from the exterior of the residential property, where traffic is not generated in excess of that customary at residences, and where no commercial vehicles are kept on the premises or parked overnight on the premises. (See also Section 3.3)
Kennel. Any building or buildings or land designed or arranged for the care of four or more dogs, cats and/or other household domestic animals over the age of four months, which animals are kept for purposes of show, hunting, as pets or are being boarded.