PREAMBLE : Zoning Ordinance 215, dated February 5, 1968 was prepared for the Village of Bishop Hill by Scruggs and Hammond, Inc. and funded through a Federal Grant from the Department of Housing and Urban Renewal under the Urban Planning Assistance Program authorized by Section 701 of the Housing Act of 1956.
The intent of Ordinance 2024-03 is to incorporate all amendments to Ordinance 215 which have occurred between February 1968 and the passing of this ordinance and includes the following: County zoning change from agriculture to cultural-historic (1978); Ordinance 240 (1982); Ordinance 241 (1982); Ordinance 83-11 (1983); Ordinance 94-5 (1994); Ordinance 2004-01; Ordinance 2005-04; 2010-06; 2011-01A; 2024-03.
With the passing of Ordinance 2024-03 all previous zoning amendments will be reflected in this ordinance and Ordinance 2024-03 will supersede all previous zoning ordinances and amendments with the intent to incorporate current zoning regulations into one updated document. AN ORDINANCE authorizing, establishing and providing for the orderly growth, planning, zoning and land use of lands and properties situated within the corporate limits of the Village of Bishop Hill, Illinois; and providing for the control, enforcement and penalties in connection therewith.
(Note: changes and additions are shown in red)
BE IT AND IT IS HEREBY ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF BISHOP HILL, HENRY COUNTY, ILLINOIS.
ARTICLE I TITLE, PURPOSE AND DEFINITIONS
SECTION 10. SHORT TITLE:
This comprehensive zoning ordinance shall be known as the “Zoning Ordinance of the Village of Bishop Hill, Illinois”. The zoning map herein referred to is identified by the title “Bishop Hill, Illinois Zoning Districts” dated as of the signing of this ordinance. All explanatory matter thereon is hereby adopted and made a part of this ordinance.
SECTION 11. PURPOSE:
The zoning regulations and districts as herein have been made with these objectives: the assuring that adequate light, air, and safety from fire and other dangers may be secured; that property values be conserved; that traffic congestion be lessoned or avoided; and that public health, safety, comfort, morals, and welfare might otherwise be promoted.
SECTION 12. DEFINITIONS:
For the purpose of this ordinance certain terms or words used herein shall be interpreted as follows.
12.01 All words used in the present tense include the future tense. All words in the singular include plural and all words in the plural include singular. The word “shall” is mandatory and not directory. The word “used” shall be deemed to include “designed, intended, or arranged to be used”.
12.02 Accessory Use of Building: a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
12.03 Agricultural Uses, Bona Fide: the growing of crops in the open, raising of stock and poultry, operation of apiaries and aviaries, nurseries, orchards, fur farms, roadside stands, signs and billboards relating to the sale or use of products produced thereon, and necessary structures and farm dwellings for such uses.
12.04 Alley: any public or private way dedicated to public travel and less than twenty (20) feet in width.
12.05 Building: any structure constructed or used for residence, business, industry, or other public or private purposes, or accessory thereto, and including dining cars, trailers, billboards, signs, and similar structures whether stationary or moveable.
12.06 Dwelling: a permanent building used primarily for human habitation but not including facilities for the housing of transient residents nor to include mobile homes.
12.061 Dwelling, Single Family: a permanent building, separate and free standing, in itself providing living accommodations for one family.
12.062 Dwelling, Two-Family: a permanent building designed exclusively for occupancy by two families.
12.063 Dwelling, Multiple Family: a permanent building or portion thereof providing separate living accommodations for three or more families. Efficiency dwelling unit or efficiency apartment is a dwelling unit consisting of not more than one (1) room in addition to kitchen and necessary sanitary facilities.
12.07 Height of Building: the vertical distance from the established average sidewalk grade, street grade, or finished grade, at the building line, whichever is the highest, to the highest point of the building.
12.08 Home Occupation: any use conducted entirely withing a dwelling by the occupant of the dwelling and as a secondary use which is clearly incidental to the use of the dwelling for residential purposes. Such a use shall employ not more than one person outside the family resident in dwelling.
12.09 Lot: a piece, parcel, or plot of land occupied or to be occupied by one principal building and its accessory buildings and including the open spaces required under this ordinance.
12.10 Mobile Home: a structure designed to be used for habitation, carrying or storage of persons or property, not having a permanent foundation, being able to be easily equipped with wheels or other devices to be transported from place to place.
12.101 Camping Trailers: mobile home shall include camping trailers, intended only for use but not for living purposes within the Village of Bishop Hill. For the purpose of this ordinance, no trailer of any kind over twenty-two (22) feet in length shall be considered a camping trailer.
12.11 Non-conforming Use: a use of building or land lawful at the time of enactment of this ordinance that does not conform with the “permitted use” provisions of this ordinance.
12.12 Street: any public or private way dedicated to public travel twenty (20) feet or more in width. The word, “street” shall include the words “road”, “highway”, and “thoroughfare”.
12.13 Use: the purpose or activity for which a building, structure, or land is occupied or maintained.
12.14 Yard: an open space on the same lot with a principal building, open, unoccupied, and unobstructed buildings except as otherwise provided in this ordinance.
12.141 Front Yard: the yard extending across the entire width of the lot between the principal building and the right-of-way line or street line which the building faces. The depth of the front yard shall be measured between the front line of the building and the street line (or if street is less than proposed right-of-way as indicated on the Official Map, from the proposed street lines).
12.142 Rear Yard: The yard extending across the entire width of the lot between the rear lot line and the nearest part of the principal building.
12.143 Side Yard: the yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building. Where the required side yard is adjacent to a street, the width of such yard shall be measured between the buildings and the street line (or if such street is less than proposed right-of-way as indicated on the Official Map, from the proposed right-of-way line).
ARTICLE II GENERAL REGULATIONS and DISTRICT MAP
(Original maps by Scruggs & Hammond, planning consultants for Ordinance 215, appear to be missing. I have included two zoning maps; one (of unknown date) was prepared by Galvaland magazine from the original map by Scruggs & Hammond.)
SECTION 21. ESTABLISHMENT OF DISTRICTS:
For the purpose of this ordinance, all land within the Village of Bishop Hill is hereby designated on the Zoning Map as being in one of the following districts:
AG District – Agricultural
R District – One Family Residential
R-1 District – One and Two Family Residential
R-2 District – Multiple Family Residential
C-1 District – General Retail
C-2 District – Service Retail
I-1 District – Light Industrial
I-2 District – Heavy Industrial
H District – Historic
CO-1 District – Conservation District
SECTION 22. BOUNDARIES OF DISTRICTS
Unless otherwise indicated on the zoning district map, the boundary lines of the districts follow lot lines, center lines of streets, alleys, or railroad right-of-way, or such center lines extended, center lines of creeks or the corporate limit line as existing at the time of adoption of this ordinance.
SECTION 23. APPLICATION OF REGULATIONS
No building or land shall hereafter be used and no building 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.
23.1 Zoning of Annexed Areas: all territory which may hereafter be annexed to the village shall from time of annexation be considered as being in the R-1 District until and unless otherwise designated by zoning ordinance amendment as specified in the procedure in Article XII of this ordinance or unless otherwise designated at the time of annexation.
SECTION 24. CONTINUANCE OF NON-CONFORMING USES: Any lawful use of land or structure existing at the time of adoption of this ordinance, or subsequent amendment of this ordinance, may be continued with the following limitations:
24.1 Non-conforming Use Not to Expand: Any structure containing a non-conforming use may not be expanded nor substantially remodeled. The Board of Appeals may approve any remodeling and incidental repairs which do not tend to prolong the life of the non-conforming use.
24.2 Non-conforming Use Not to Rebuild: Any structure containing a non-conforming use, which has been damaged to the extent of 50 percent of its current fair value, as estimated immediately prior to damage, shall not be repaired or reconstructed except in conformity with this ordinance.
24.3 Discontinued Non-conforming Use Not to Re-establish After One Year: No non-conforming use shall be reestablished after having been discontinued for twelve (12) months. Vacating of premises or building or non-operative status shall be evidence of a discontinued use.
24.4 Non-conforming Uses Not to be Substituted: No non-conforming use may be substituted for any other non-conforming use or any conforming use.
SECTION 25. OFF-STREET PARKING:
25.1 Hard surfaced off-street automobile parking 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. Following are minimum requirements for specific uses:
25.11 Dwellings: 1-1/2 spaces per dwelling; 1 ½ spaces per duplex.
25.12 Boarding and rooming houses: one space for each two rooms occupied by boarders or roomers.
25.13 Tourist accommodations: one space for each room offered for tourist accommodations.
25.14 Hospitals and Other Institutions for 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.
25.15 Theater, auditorium, including school auditorium, church, or other place of public assembly: one space for each eight seats available at maximum capacity.
25.16 Wholesale, storage, and manufacturing establishments: one space for each five employees.
25.17 Retail establishments: one space for each 300 square feet of gross floor area.
25.18 Office Uses: one space for each 300 square feet of gross floor area.
25.2 If off-street parking space for non-residential uses as required above cannot be provided on the same lot on which principal use is conducted, the Zoning Enforcement Officer may permit such space to be provided on other off-street property provided such space is within four hundred (400) feet of the main entrance to such principal use. Such off-street parking space shall thereafter be deemed to be required open space associated with this permitted use and shall not be reduced or encroached upon in any manner.
SECTION 26. OFF-STREET LOADING:
Every building or structure used for other than residential uses and constructed after the adoption of this ordinance 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
3 25,000-40,000
4 40,000-100,000
5 100,000-250,000
6 250,000-400,000
For buildings over 400,000 square feet, six (6) spaces plus one (1() additional space for each additional 200,000 square feet.
For the purpose of determining adequacy of loading area, each space shall be not less than ten (10) feet in width, forty-five (45) feet in length, and fourteen (14) feet in height.
SECTION 27. OBSTRUCTIONS TO VISION AT INTERSECTIONS PROHIBITED
On any corner lot in all districts except the C-1, General Retail District, there shall be no obstruction to traffic visibility within thirty-five (35) feet of the intersection of the two street property lines of the corner lot.
ARTICLE III PROVISIONS GOVERNING THE AGRICULTURAL (AG) DISTRICT
Preamble: the purpose of the AG District is to encourage the preservation of a proper setting for and pleasant approaches to the Village to provide an area for agricultural pursuits protected from infringement of unguided urban development; to conserve areas physically unsuitable for intense development and to provide in the area immediately surrounding the Village, an environment capable of accommodating future expansion of the Village in an orderly and efficient manner.
SECTION 31. USES PERMITTED IN THE AG DISTRICT
The following uses are permitted in the AG District:
31.1 Bona fide agricultural uses (including farm dwellings), commercial grain storage.
31.2 Community buildings, utility and service system buildings and lands, libraries and museums, picnic grounds, religious, educational or charitable institutions.
31.3 Unlighted signs notifying of sale, rental or lease of land or sale of farm goods on the premises on which the sign is maintained having not over fifty (50) square feet of sign area; sign announcing meeting time and place of civic organizations.
31.4 Lakes (artificial).
31.5 Public picnic grounds, marinas, and beaches.
31.6 Public parks and forest preserves.
31.7 Public utility substations, booster stations, radio and television relay towers, repeater stations, etc. but not including power generation or gas manufacturing plants.
SECTION 32. SPECIAL USES IN THE AG DISTRICT
The following uses are permitted as special uses when authorized by the President and Village Board after a public hearing. Such special use shall be subject to the following requirements and any other requirements the President and the Village Board feel necessary to further the purpose of the Agricultural District as stated in the preamble.
32.1 Outdoor advertising structures, providing not closer than three hundred (300) feet to the nearest highway right-of-way or five hundred (500) feet to the nearest residential or public or semi-public property, and that permits are issued for not longer than five (5) years.
32.2 Uses of land including quarrying and mining of natural resources, sanitary land fill and other types of land fill, refuse disposal and dumps.
32.3 Cemeteries.
32.4 Commercial resort uses such as lodges, restaurants, rental cottages, riding stables, golf courses, swimming pools, tennis courts, and other such recreational facilities.
SECTION 33. REQUIRED LOT AREA AND LOT WIDTH IN THE AG DISTRICT
No dwelling shall be located on a lot less than one (1) acre in area nor 150 feet in width.
SECTION 34. HEIGHT REGULATIONS
No residential dwelling shall exceed two (2) stories or thirty (30) feet in height.
SECTION 35. REQUIRED YARDS IN THE AG DISTRICT
All structures shall have the following minimum yard spaces:
Front Yard – fifty (50) feet.
Side Yard – each not less than fifteen (15) feet.
Rear Yard – each not less than thirty (30) feet.
Corner lots shall provide the minimum front yard requirements on each street side of the lot.
SECTION 36. OFF-STREET PARKING REQUIRED IN THE AG DISTRICT
There shall be provided in the AG District off-street parking in accordance with Article II.
ARTICLE IV PROVISIONS GOVERNING RESIDENCE (R, R-1, R-2) DISTRICTS
Preamble: the purpose of the Residence Districts is to provide an area for residential uses and those public and semi-public uses normally considered an integral part of the residential neighborhood they serve.
SECTION 41. USES PERMITTED IN THE R DISTRICT
41.1 Single Family residence dwellings and related accessory buildings, off-street storage of not more than one (1) camping trailer per family unit, home occupations (as defined in this ordinance.
41.2 Light agricultural uses including nurseries and raising of farm products (not to include sale of products on premises).
41.3 Churches, schools, libraries, museums and art galleries, parks, playgrounds, community centers, cemeteries, public service and utility buildings.
41.4 Accessory building and uses.
41.5 Unlighted real estate, non-conforming business use signs, and public building or church signs or bulletin boards pertaining to the property on which they are placed and not having over twelve (12) square feet of sign area.
SECTION 42. USES PERMITTED IN THE R-1 DISTRICT
42.1 Any use permitted in the R District.
42.2 Two-family dwellings, and the leasing of rooms to not more than two (2) families.
42.3 Unlighted signs as described in the R District, Section 41.
SECTION 43. USES PERMITTED IN THE R-2 DISTRICT
43.1 Any use permitted in the R-1 District.
43.2 Multiple family dwelling, tourist homes and lodging uses with accommodations for not more than fifteen (15) persons.
43.3 Clubs, lodges, hospitals, sanitariums, and rest homes.
43.4 Unlighted signs as described in the R District, Section 41.
SECTION 44. SPECIAL USES IN THE R, R-1, AND R-2 DISTRICTS
The following uses are permitted as special uses in the R, R-1 and R-2 Districts when authorized by the Village Board after a public hearing. Such special use shall be subject to the following requirements and any other requirements the President and Village Board feel necessary to further the purpose of the Residential Districts as stated in the preamble.
44.1 Planned residential development under single-ownership in which incidental business and recreational facilities for the convenience of the occupants may be furnished; provided, however, that the property shall have a gross area of thirty (30) acres and that permitted business uses shall be limited to those uses allowed in the C-2 District, and they shall occupy not more than ten (10) percent of the gross land area of the development. Such planned developments may vary the dwelling type requirements, yard, height, or area per dwelling requirements; providing, however, that the total number of dwelling units to be accommodated is not greater than would otherwise be allowed under normal development.
44.2 Mobile home parks with permanent accommodations for mobile homes; providing that (a) such park will have permanent accommodations for a minimum of five (5) trailers, (b) accommodations will include for each mobile home individual underground sewer and water connections, concrete trailer platforms, (c) the plan of development will provide a minimum of twenty-four hundred (2,400) square feet per mobile home space, and (d) the mobile home spaces will not be located any closer to the bounding property lines of the park than the appropriate yard requirements for the adjacent district would allow. A certificate of occupancy shall be required for each individual mobile home to be located in the park prior to occupancy as provided in Article X of this ordinance.
SECTION 45. REQUIRED LOT AREA AND LOT WIDTHS IN RESIDENCE DISTRICTS
IN THE R and R-1 DISTRICTS:
Min. Lot Area Per Min. Lot Width Per
Family (Square Feet) Structure (Feet)
Single Family Dwelling
With public water &
public sanitary sewer* 6,000 50
With public water supply
or public sanitary sewer 10,000 80
With neither public water
or public sanitary sewer 20,000 100
Min. Lot Area Per Min. Lot Width Per
Family (Square Feet) Structure (Feet)
Two Family Dwelling
With public water & 4,500 per family
public sanitary sewer (9,000 per 2 family) 75’ for 2 family lot
With public water or 7,500 per family
public sanitary sewer (15,000 per 2 fam.) 100’ for 2 family lot
With neither public water 15,000 per family 125’ for 2 family lot
nor public sanitary sewer (30,000 per 2 family)
Sewage treatment on a individual lot basis (such as individual septic tanks) shall not be interpreted as public sanitary sewer in this table.
IN THE R-2 DISTRICT:
Min. Lot Area Per Family Min. Lot Width Per
or Rental Unit (Square Feet) Structure (Feet)
Single Family Dwelling 6,000 90
Two-Family Dwelling 3,000 50
Multiple Family Dwelling 1,500 50
- Efficiency Units with
1, 2 or more bedrooms 2,000 50
Rooming or Lodging House 1,500 50
SECTION 46. BUILDING HEIGHT REGULATIONS IN RESIDENCE DISTRICT
No building shall exceed two (2) stories or thirty (30) feet in height, unless each side yard is increased over the required minimum by five (5) feet for every five (5) feet, or thirty (30) feet.
In no case shall the building height exceed fifty (50) feet.
SECTION 47. YARDS REQUIRED IN RESIDENCE DISTRICTS
All structures to be constructed, altered, or moved in the R, R-1 and R-2 Districts shall provide yards of the following minimum depths
47.1 Front Yard: Twenty-five (25) feet
47.2 Side Yard: Five (5) feet minimum, one side yard; twelve (12) feet minimum, two side yards.
47.3 Rear Yard: Twenty (20) feet or twenty (20) percent of the lot depth, whichever is greater.
47.4 Yards of Corner Lots: corner lots shall provide a front yard on each street side, not, however, to reduce the buildable width of the lot below thirty-two (32) feet.
SECTION 48. OFF-STREET PARKING
THERE SHALL BE PROVIDED IN THE R, R-1, AND R-2 Districts adequate off-street parking in accordance with the schedule in Article II.
ARTICLE V PROVISIONS GOVERNING COMMERCIAL DISTRICTS
Preamble: the purpose of the C-1 General Retail District is to provide for a wide range of retail facilities and services of such a nature as to be fully compatible in the proximity they must enjoy in the central business district or in the neighborhood shopping areas.
The purpose of the C-2 Service Retail District is to provide for those retail businesses and services which require a location other than the central business district or the neighborhood business district, requiring either large tracts of land or a highway location.
SECTION 51. USES PERMITTED IN THE C-1 GENERAL RETAIL DISTRICT
51.1 Any use permitted in a residential district including mobile homes, trailers, and trailer parks.
51.2 Major Retail Outlets: furniture, department, clothing, shoe and variety stores; hardware, appliance, paint and wallpaper stores,
51.3 Food, Drug and Beverage: grocery stores, supermarkets, meat markets, drug stores and liquor stores, bakery in conjunction with retail sales, restaurants, tea rooms and taverns.
51.4 Specialty Shops: gift shops, magazine, book and stationary outlets, florist shops, camera and photography shops, sporting goods.
51.5 Services and Recreation: motels and hotels; laundromats; dry cleaning and laundry pickup stations; barber and beauty shops; shoe repair and tailor shops; mortuaries, newspaper publishing, printing shop with not more than ten (10) full time regular employees; storage and transfer establishments; places of amusement and assembly, commercial recreation.
51.6 Business and Professional Offices: medical and dental offices and clinics; law offices; insurance and real estate offices; banks, finance, and utility companies.
51.7 Automotive and Related Uses: new and used car sales, service, and repair (providing such repairs are in a minor nature and totally contained within buildings), gasoline filling stations, motorcycle and bicycle shops, cab and bus stands and depots.
51.8 Accessory Uses or Buildings.
51.9 Business and advertising signs pertaining to the business on the property on which the sign is located; providing that (a) illumination of all signs shall be diffused or indirect and shall be arranged so as not to reflect direct rays of light into adjacent residential districts or into the public way, and (b) that any sign located in the direct line of vision of any traffic control signal shall not have flashing intermittent red, green, or amber illumination.
SECTION 52. USES PERMITTED IN THE C-2 SERVICE RETAIL DISTRICT
52.1 Any use permitted in the residential districts.
52.2 Any use permitted in the C-1 General Retail District.
52.3 Building Trades or Equipment: building, concrete, electrical, masonry, sheet metal, plumbing and heating shops, building material establishments (providing no assembly, construction, millwork, or concrete block manufacture is done on premises).
52.4 Vehicle Drive-in and Heavy Vehicle Services: drive-in theaters, drive-in restaurants and refreshment stands; express, cartage, and trucking facilities; large item machinery or bulk sales and storage not including outdoor unfenced storage.
52.5 Heavy Service and Processing Facilities: laundry and dry cleaning plants; linens, towel, diaper and similar supply services; animal pounds, kennels, and veterinary establishments; frozen food lockers, seed and food processing plants; dairies.
52.6 Accessory Uses or Buildings.
52.7 Business and advertising signs pertaining to the business on the property on which the sign is located providing that (a) illumination of all signs shall be diffused or indirect and shall be arranged so as not to reflect direct rays of light into adjacent residential districts or into (b) into the direct line of vision of any traffic control signal; shall not have flashing intermittent red, green, or amber illumination.
SECTION 53 REQUIRED LOT AREA AND LOT WIDTH IN THE COMMERCIAL DISTRICT
53.1 Each residential use to be accommodated in the C-1 and C-2 Commercial Districts shall meet the minimum lot area and minimum lot width requirements of the R-2 Residence District.
53.2 Each business use to be accommodate in the C-1 and C-2 Commercial Districts shall provide a minimum lot area of twenty-five hundred (2,500) square feet; not minimum lot width is required for business uses.
SECTION 54. BUILDING HEIGHT REGULATION IN COMMERCIAL DISTRICTS
54.1 In the C-1 General Retail District no building shall exceed three (3) stories of forty-five (45) feet.
54.2 In the C-2 Service Retail District no building shall exceed two (2) stories or thirty (30) feet.
SECTION 55. YARDS REQUIRED IN THE COMMERCIAL DISTRICTS
All buildings to be constructed, altered or moved in the Commercial Districts shall meet the following minimum requirements.
55.1 Front Yard: no minimum yard required.
Side Yard: no minimum yard required except lots adjoining a residential district shall provide a side yard on that adjoining side equal to that required in the adjoining Residence District
Rear Yard: twenty (20) feet. Where a rear lot line abuts an alley, one-half of the width of such alley may be considered in meeting the rear yard requirements.
55.2 Yards required in the C-2 Service Retail District:
Front Yard: fifteen (15) feet.
Side Yard: ten (10) feet.
Rear Yard: twenty (20) feet. Where a rear lot line abuts an alley, one-half of the width of such alley may be considered in meeting the rear yard requirements.
SECTION 56. OFF-STREET PARKING AND LOADING
There shall be provided in the C-1 and C-2 Commercial Districts off-street parking and loading in accordance with the schedule in Article II.
SECTION 57. SCREENING REQUIRED BETWEEN COMMERCIAL USES AND RESIDENTIAL DISTRICTS
Newly established or newly expanding commercial uses which are adjacent or backing on existing residential properties shall provide within the commercial property along that adjacent property line, a properly maintained dense hedge, tree row, or other suitable landscape device to visually screen the commercial area from such adjacent residential area. Failure to provide or maintain such planting buffer shall constitute a violation of this ordinance.
ARTICLE VI PROVISIONS GOVERNING INDUSTRIAL DISTRICTS
Preamble: the purpose of the I-1 Light Industrial District is to provide for commercial uses, storages, and those manufacturing uses not normally creating a nuisance discernable beyond the property line.
The purpose of the I-2 Heavy Industrial District is to provide for industrial uses not allowed in any other district, providing that within this district uses of a hazardous nature or those producing extensive smoke or odor shall not be located so that the general hazard or nuisance affects a large segment of the community.
SECTION 61. USES PERMITTED IN THE I-1 LIGHT INDUSTRIAL DISTRICT
61.1 Any use permitted in the C-1 and C-2 Commercial Districts except residential uses.
61.2 Warehousing and Storage: indoor and outdoor storage of goods and materials including warehousing, pole yards, building material storage, and trucking storage.
61.3 Manufacturing: manufacture or processing of small items including gloves, footwear, bathing caps, boxes, cartons and cans, hardware, toys, electric batteries, motors or generators; textile products manufacture; glass, plastics, cement and stone products manufacture; furniture manufacture; food manufacture or processing including hatcheries, canning, freezing, storage and bottling.
SECTION 62. USES PERMITTED IN THE I-2 HEAVY INDUSTRIAL DISTRICT
All uses not otherwise prohibited by law except residential uses; provided, however, that the following uses will be permitted only as special uses in the I-2 District and only when authorized by the Village Board after public hearing: bag cleaning, boiler and tank works; central mixing plant for cement, mortar, plaster or paving materials; coke oven, curing, tanning, and storage of raw hides and skins; distillation of bones, coal, wood or tar; fat rendering; forge plant; foundry or metal fabrication plant; gasoline or oil storage above ground in excess of five hundred (500) gallons; slaughterhouse or stockyards; smelting plant; and the manufacture of acetylene, acid, alcohol or alcoholic beverages; ammonia, bleaching powder, chemicals, brick, pottery, terracotta, or tile; candles; disinfectants; dyestuffs; fertilizers, linseed oil, paint, oil, turpentine, varnish, soap and tar products, or any other use which, in the opinion of the President and Village Board, would emit detrimental or obnoxious noise, vibrations, smoke, odors, dust or other objectionable conditions beyond the confines of its property. The President and Village Board may approve said uses if they determine that the proposed use will not extend its detrimental or obnoxious effects beyond the limits of the Heavy Industrial District in which it is located. Such special uses shall be subject to any requirements the President and Village Board feel necessary to further the purpose of the Industrial District as stated in the preamble.
SECTION 63. REQUIRED LOT AREA AND LOT WIDTH IN INDUSTRIAL DISTRICTS
Each use to be established in the I-1 or the I-2 Districts shall provide a minimum lot area of five thousand (5,000) square feet and a minimum lot width of fifty (50) feet.
SECTION 64. BUILDING HEIGHT REGULATION IN INDUSTRIAL DISTRICTS
No building in the I-1 or I-2 District shall exceed fifty (50) feet in height.
SECTION 65. YARDS REQUIRED IN INDUSTRIAL DISTRICTS
All structures to be constructed, altered, or moved, in the I-1 and I-2 Districts shall provide yards of the following minimum depths:
65.1 Front Yard: twenty-five (25) feet.
65.2 Side Yard: ten (10) feet except where a side yard abuts a residential district in which case a side yard of twenty-five (25) feet shall be provided.
65.3 Rear Yard: twenty-five (25) feet.
SECTION 66. OFF-STREET PARKING AND LOADING
There shall be provided in the I-1 and I-2 Districts adequate off-street parking and loading in accordance with the schedule in Article II.
SECTION 67. SCREENING REQUIRED BETWEEN INDUSTRIAL USES and RESIDENTIAL DISTRICTS
Newly established or newly expanding industrial uses which are adjacent or backing residential properties shall provide within the industrial property along that adjacent property line, a properly maintained dense hedge, tree row, or other suitable landscape device to visually screen the industrial area from such adjacent residential area. Failure to provide or maintain such planting buffer shall constitute a violation of this ordinance.
ARTICLE VII HISTORIC DISTRICT
Preamble: the purpose of the Historia District, pursuant to Division 48.2, Article II of the Illinois Municipal Code, is to ensure the preservation of areas, places, buildings, structures, works of art and other objects having special historical, community, or aesthetic interest or value.
SECTION 71. BISHOP HILL HISTORIC DISTRICT
It is hereby stated that in the Village of Bishop Hill there is to be created an official Historic Zoning District, the area or areas of which shall be shown on the Official Village Zoning Map.
71.1 Designated Area of Historic District
The Historic Zoning District classification shall be superimposed on or established in addition to other zoning district classifications; regulations, use and other requirements shall apply as specified.
SECTION 72. HISTORIC REVIEW BOARD ESTABLISHMENT AND MEMBERSHIP
A Board of Historic Review is hereby established to make effective the provisions of this ARTICLE. The Historic Review Board shall consist of five (5) members; one (1) shall be a member of the Bishop Hill Heritage Association, and three (3) members shall be qualified members of the community or the surrounding contiguous area. A State of Illinois Historian shall be an Ex Officio member of the Historic Review Board. Also, the President or one (1) member of the Village Board of Trustees shall be an Ex-Officio member of the Board. All members shall be appointed by the President of the Village Board of Trustees and one member shall serve as the Zoning Enforcing Officer, appointed by the President of the Village Board of Trustees, with the Village Board’s concurrence. There shall be elected by the Historic Review Board from its members, a chairman, vice chairman, and a secretary. The members of the Board of Historic Review shall serve as follows: one (1) for one year, two (2) for two years, and two (2) for three years. Successors to each member so appointed shall serve for a term of three years. An appointed member of the Board may be removed by the Corporate Authority, only after public hearing, for the inefficiency, neglect of duty, or malfeasance. An appointment to fill a vacancy shall be only for the unexpired portion of the term.
SECTION 73. HISTORIC REVIEW BOARD POWERS AND DUTIES
It shall be the duty of the Historic Review Board to promote general welfare through the preservation and protection of historic sites and buildings. Designated powers hereby enable the Board to accomplish its full duty. The Zoning Enforcing Officer and the Historic Review Board shall keep a permanent record of its resolutions, transactions and determinations.
SECTION 74. SPECIAL POWERS GRANTED TO THE ZONING ENFORCING OFFICER
Preamble: This section outlines the powers granted to the Zoning Enforcing Officer to approve repairs and updates to buildings within the Bishop Hill Historic District, specifying the types of changes that require review by the Historic Review Board, and the process for immediate approval with the sign-off of the Historic Review Board Chair.
74.1 Scope of Authority
The Zoning Enforcing Officer is authorized to approve repairs and updates to buildings within the Bishop Hill Historic District that do not alter the historical integrity or aesthetic of the area. The following types of repairs and updates fall within the Zoning Enforcing Officer’s authority:
· Repainting buildings using the same colors previously approved by the Historic Review Board
· Repairing or replacing exterior elements such as roofing, siding, windows, doors, and trim with identical materials and designs.
· Restoring original architectural features using materials and designs consistent with the original construction.
· Maintenance work that does not alter the exterior appearance of the building.
74.2 Immediate Approval of Applications Filed with the Zoning Enforcing Officer
Owners or authorized representatives must submit an application (also referred to as “Building Permit”) for approval to the Zoning Enforcing Officer. The application must include:
· A detailed description of the proposed work.
· Photographs of the current state of the building.
· Samples or specifications of materials to be used.
· Any other documentation deemed necessary by the Zoning Enforcing Officer.
Upon receiving the application, the Zoning Enforcing Officer can approve the repairs immediately with the sign-off of the Historic Review Board Chair.
74.3 Approval Criteria
The Zoning Enforcing Officer, with the sign-off of the Historic Review Board Chair, shall approve applications that meet the following criteria:
· The proposed work is in keeping with the historical character of the building and the Historic District.
· The materials and methods used are consistent with the original construction or previously approved updates.
· The work does not significantly alter the appearance of the building from the street or public areas.
· All work must comply with local building codes, zoning regulations, and any other applicable laws.
SECTION 75. HISTORIC REVIEW BOARD MEETINGS
The Historic Review Board shall hold a public meeting within thirty (30) days after notification by the Zoning Enforcing Officer of the filing of an application for a building or occupancy permit for a case upon which the Board is required to make judgment, or at such other times when the chairman of the Board determined that a meeting is needed.
75.1 Items Requiring Historic Review Board Approval
The following types of changes and updates require review and approval by the Bishop Hill Historic Board:
· Any new construction, including additions to existing buildings.
· Changes in exterior paint colors or materials.
· Significant alterations to the exterior design or structure of the building.
· Installation of new architectural features or removal of existing ones.
· Any work that deviates from the original construction or previously approved updates.
75.2 APPLICATION PROCESS
Owners or authorized representatives must submit an application for review to the Zoning Enforcing Officer. If the type of changes or updates require approval by the Historic Review Board, the Zoning Officer will notify the Historic Review Chair to necessitate a meeting. The application should include:
· A detailed description of the proposed changes.
· Architectural drawings or renderings of the proposed work.
· Photographs of the current state of the building.
· Samples or specifications of materials to be used.
· Any other documentation deemed necessary by the Historic Review Board.
75.3 Building and Occupancy Review
Applications for review shall be submitted to the Zoning Enforcing Officer and will be processed and reviewed as outlined in Sections 74 and 75. All applications referred to the Historic Review Board for permits to build, alter, or demolish buildings, structures, or places located in the Bishop Hill Historic District, and other buildings, structures or places designated historically significant but outside the Historic District, shall be subject to review and issuance of Certificates of Approval (permit) by the Historic Review Board. A Certificate of Approval (permit), signed by the chairman, after a three-fourths (3/4) vote by the Board stating that the exterior architectural features of the proposed construction, reconstruction, alteration or restoration by which application has been made is approved by the Board.
Note: The Board shall pass upon all occupancy permits referred to it.
75.4 Appropriateness of Architecture and Review Criteria
It shall be the duty of the Historic Review Board to make judgments and pass upon the appropriateness of exterior architectural features of buildings, structures, signs, and other exterior features hereafter constructed, reconstructed, altered or restored to the Bishop Hill Historic District. Application approval will be based on the following criteria:
· The proposed changes preserve the historical integrity and aesthetics of the building and the district.
· The materials and methods used are appropriate for the historical context.
· The proposed changes enhance or maintain the architectural value of the building.
· All work must comply with local building codes, zoning regulations, or any other applicable laws.
75.5 Exterior Construction
The Historic Review Board shall consider various construction aspects, such as basic design, arrangement, texture, material, and color of building or other structure in question, when reviewing cases. The relation of such factors to similar features of buildings in the immediate surroundings shall also be considered. The Board shall not consider any interior arrangement nor shall it make requirements except for the purpose of preventing developments incongruous to the old historic aspects of the surroundings.
75.6 Public Hearing and Review Timeline
Each application submitted to the Historic Review Board shall be presented openly at a public meeting (also referred to as “Public Hearing”). The Board shall hold the public hearing within thirty (30) business days from the date of notification by the Zoning Enforcement Officer of the filing of an application for a building or occupancy permit.
75.61. A final decision may or may not be made at the time of the public hearing, depending the desires of the Board. However, a final approval or disapproval must be issued within sixty (60) days of the original acceptance of the application.
75.62 An additional month (30 days) may be taken upon mutual agreement.
75.7 Notification of Public Hearing
Notice of public hearing shall be placed in at least three (3) locations in the Village of Bishop Hill for viewing by the public not more than thirty (30) days nor less than fifteen (15) days before the hearing. Reason for application of permit shall be so stated.
75.71. Public hearing shall be conducted in the Village Hall, or in another place deemed proper and adequate by the Historic Review Board.
SECTION 76. APPROVAL OF APPLICATION
Careful consideration shall be given the application to determine specified compliance to the Historic District. Upon approval, signed Certificates of Approval are sent to the Zoning Enforcing date of acceptance of the application for a Certificate of Approval, the case shall be deemed approved except where mutual agreement for extension of the time limit has been reached.
76.1 Commencement of Construction or Alteration
Commencement of work, as specified, shall be within ninety (90) days of application approval. A Certificate of Approval shall become void ninety (90) days after issuance unless substantial progress has been made by that date on the project described.
76.2 Inspection of Construction or Alteration
The Zoning Enforcing Officer and the Historic Review Board Chair shall have the authority to inspect the construction or alteration work in progress to ensure compliance with the Certificate of Approval and report to the Historic Review Board any work not in accordance with such Certificate. Non-compliance may result in a stop-work order and potential fines.
SECTION 77. DISAPPROVAL OF APPLICATION
In the event of disapproval of an application by the Historic Review Board, that Board shall state the reasons therefor in a written statement to the applicant and the Zoning Enforcing Officer, and make recommendations as to basic design, arrangement, texture, material, color, or exterior architectural features of the buildings or structure.
In the event of disapproval of construction, reconstruction, alteration, revision, or demolition, the Board shall state why said act would be incongruous to the Historic Review District. Non-conformity to Review Board action shall cause enforcement of Section 103, Remedies and Penalties, of this ordinance against the applicant.
77.1 Appeals
In the event of disapproval by the Historic Review Board, the applicant may appeal the decision. Disapproval by the Board may be subject to judicial review pursuant to the provisions as defined in the “Administrative Review Act”, approved May 8, 1945.
SECTION 78 CLASSIFICATION OF BUILDINGS WITHIN THE HISTORIC DISTRICT
The authority of the Bishop Hill Historic Review Board shall be restricted to examining exterior changes or modifications that alter the appearance of any building within the historic district. A permit is required for new construction, reconstruction and the use of synthetic materials as an alternative to original wood, stone or brick. Any work other than minor repairs and general maintenance must be reported to the Historic Review Board before work commences. Decisions of the Historic Review Board shall be supported by the Village Board. Appeals are made to the Village Board. Any person violating this rule shall be fined by the authority of the Village Board as stated in the Bishop Hill Zoning Ordinance, Section 103.
78.1 CLASS 1
Guidelines shall be used to review applications on those properties it recognizes as most historically significant. Class 1 guidelines insure preservation. Original materials shall be conserved. When new material must be used to replace a damaged element, it will match the original in color, texture, size, shape and form. If material becomes unavailable over time, appropriate product substitution shall be reviewed by the Historic Review Board. At this time, all colony era buildings, plus bandstand, have been placed under the guidelines of the Historic Review Board.
Class 1 Buildings shall include nut not limited to the following:
A) Jansson House, 1847
B) Boy’s Dormitory, 1847
C) Colony Church, 1848
D) Eric Krans House, 1848
E) Meat Storage House, 1851
F) Carpenter and Paint Shop, 1851
G) Colony Hotel, 1852, 1857, 1861
H) Colony Store, 1853
I) Steeple Building, 1854
J) Dairy Building, 1854
K) Hospital, 1855
L) Apartment House and Privy, 1855
M) Administration Building, 1856
N) Olson Barn, 1856-1860
O) Blacksmith Shop, 1857
P) Bandstand, 1860
Q) Colony School, 1861
A street map of Bishop Hill that clearly shows the boundaries of the Historic District locating each of the Class 1 structures is included with this ordinance.
Class 1 buildings shall be held to the strictest of Rehabilitation Standards as set forth by the Department of the Interior (DOI). Every effort to conserve original materials shall be made through careful and regular maintenance as prescribed in the guidelines. Damaged architectural features may be reconstructed if more than half (50%) of the original is determined by the Zoning Officer to be beyond repair. Any new elements shall duplicate in appearance those that are lost. Replacements must match color, form, scale, texture and material.
Many of the colony structures have been modified over time. Any features or additions not original to the structure but more than fifty years old shall be maintained as original. Application to the Historic Review Board must be made and reviewed before the removal of any additions. Any significant Class 1 outbuildings shall be maintained according to DOI standards unless deemed insignificant by the Historic Review Board.
Any new construction in the historic district shall follow the current guidelines of DOI as to roof, pitch and materials.
78.2 CLASS 2
Guidelines shall be used in reviewing applications for new construction or renovation on any of the remaining structures in the district not covered by Class 1 guidelines. This guide allows the Historic Review Board to approve appropriate synthetic materials to be used to replace damaged elements and to cover others when replacement with like material is not possible.
Class 2 buildings shall be held to a strict standard of rehabilitation. Every effort to maintain and conserve original building materials and their historic appearance shall be taken. Exterior changes that create a false sense of historic style are not acceptable. Modifications to any structure more than fifty years old shall be considered and maintained as original.
Any changes altering the appearance of a Class 2 building must be made to the Historic Review Board. A permit is required for new construction and the use of synthetic materials as a replacement for original wood, brick, or stone. Any change beyond minor repairs or general maintenance must be reported.
Applications requesting the use of synthetic materials will be reviewed on a case-by-case basis and may be approved in certain circumstances. For synthetic or vinyl sidings to be deemed appropriate by the Historic Review Board, new siding must match the original in width, gauge, profile and texture. It is recommended to match color. Unless more than 50% of an original feature is determined by the Zoning Enforcing Officer to be damaged beyond repair or is destroyed, covering rather than replacing those elements is required. Changing the historical proportions of a building is unacceptable. Door and window trim, corner boards, and any architectural or decorative detail shall be maintained. Trims may be covered in a flat finish vinyl only if they retain the original detail and proportions.
The use of synthetic materials is viewed by the Historic Review Board to be practical and economically feasible way of conserving buildings that might otherwise be lost in time. It is therefore the recommendation of the Board that applicants demonstrate care in choose materials that will protect rather than destroy original elements. Currently, the use of a vapor barrier installed over the original siding prior to the application of vinyl, is recommended for this purpose. To retain original material and make siding a reversible process, the Historic Review Board requires the installation of a vapor barrier at this time.
The introduction of improved products is inevitable. When superior construction tools or supplies become available that better protect the original material beneath synthetic applications, the Historic Review Board shall review them. If they are deemed an acceptable alternative to a vapor barrier the Board may choose to require such products. Any amendments to our guidelines and standards will be made known to the public as is written in the Bishop Hill Zoning Ordinance, Section 121. There will be open meetings and discussions.
SECTION 79. DESIGNATION OF OTHER HISTORIC PLACES OR BUILDINGS
It shall be the duty of the Historic Review Board to inspect and classify buildings, structures, or places located within the Village but outside the Bishop Hill Historic District, that it considers to have significant historic interest. Upon selection of significant historic buildings, structures, or places, the Historic Review Board shall transmit a letter to the owner or owners informing them of the selection.
79.1 Public Meeting
The designation of historic sites outside the Bishop Hill Historic District shall be presented by the Board at a public meeting. Owners of the designated historic property shall be contacted by a letter as to time, date, and place of such public meeting. Public notification of the meeting shall be in accordance with Sections 75.7 and 75.71 of Ordinance 2024-03.
79.2 Board Review of Applications Outside the Historic District
Permit applications, processing, approval or disapproval concerning demolition, revision, construction or reconstruction of any site, building, or structure so designated by the Historic Review Board to be historically significant shall be in accordance with those stipulations set forth in the Bishop Hill Historic District.
Nominations shall be made to the Historic Review Board on a form provided by the Board. A filing fee of $35.00. will be required.
79.3 Architectural Review of Designated Historical Sites Outside Historic District
Exterior architectural and constructional review of those buildings, structures, or sites outside the Bishop Hill Historic District which have been designated to be historically significant shall be reviewed in accordance with those objectives set forth in the Bishop Hill Historic District. The Historic Review Board shall, upon investigation as it deems necessary, make a preliminary determination as to whether a property, structure, or area possesses the integrity of design, workmanship, materials, location setting and feeling and meets one of more of the following criteria:
· Significant value as part of the historic, heritage, or cultural characteristics of the community, county, state or nation.
· Its identification with a person or persons who significantly contributed to the development of the community, county, state or country.
· Representative of the distinguishing characteristics of architecture inherently valuable for the study of a period, type of methods of construction or use of indigenous materials.
· Notable work of a master builder, designer, architect or artist whose individual work has influenced the development of the community, county, state or country.
· Its unique location or singular physical characteristics that make it an established or familiar visual feature.
· Its character as a particularly fine or unique example of a utilitarian structure, including but not limited to house, out buildings, commercial and other structures, with a high level of integrity or architectural significance.
· Area that has yielded or may be likely to yield, information important in history or prehistory.
79.4 Timeline
A preliminary determination as to whether a property, structure, or area meets one or more of the foregoing criteria shall be made within forty-five (45) days of the filing of a nomination with the Historic Review Board.
ARTICLE VIII PROVISIONS GOVERNING CO-1 CONSERVATION DISTRICT
Preamble: the Conservation District is designed to promote and protect the preservation of natural features and scenic beauty, the public health, safety, comfort and general welfare and reduce any hardships and financial burdens which might be imposed upon the village by the periodic flooding and overflow of streams and rivers.
SECTION 81. USES PERMITTED IN THE CO-1 CONSERVATION DISTRICT
Within any CO-1 Conservation District no building or premises shall be used or arranged, or designed 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 ordinance.
81.1 Lakes (artificial)
81.2 Public or private picnic grounds, marinas and beaches, bridle and bicycle paths.
81.3 Public parks and forest preserves.
SECTION 82. SPECIAL USES PERMITTED IN CO-1 CONSERVATION DISTRICT
82.1 Public utility substations, booster stations, radio and television relay towers, repeater stations, etc., but not including power generation or gas manufacturing plants.
SECTION 83. YARDS REQUIRED IN CO-1 CONSERVATION DISTRICT
83.1 No building shall be erected within 50 feet of the right-of-way of any public street, road, or highway, nor within 15 feet, or one foot for each foot of building height, whichever is greater, of any lot line.
83.2 Any building shall be so placed as to offer the minimum obstruction to flow of waters and shall be firmly anchored to prevent the building from being moved or destroyed by the flow of water.
ARTICLE IX EXCEPTIONS AND MODIFICATIONS
SECTION 91. LOT OF RECORD
When a lot which is an official lot of record at the time of adoption of this ordinance does not comply with the area, yard, or other requirements of this ordinance, an application may be submitted to the Board of Appeals for a variance from the terms of this ordinance in accordance with the procedure outlined in Article XI. Such a lot may be used as a building site; provided, however, that the yard and other requirements of the district are complied with as closely as possible in the opinion of the Board of Appeals.
SECTION 92. EXCEPTIONS TO YARD REQUIREMENTS
92.1 Allowable Projections of Residential Structures Into Yard
Architectural features of residential buildings such as window sills, cornices, or roof overhangs may project into required yard provided such projections are not more than four feet and do not reach closer than four feet to any lot line.
92.2 Allowable Projections of Business Structures Over Sidewalk
Signs, awnings, canopies, marquees are permitted to overhang the sidewalk in the C-1 General Retail District only, providing that overhanging signs are a minimum of eight (8) feet above the sidewalk at any point and that all other structures are a minimum of six (6’) feet eight (8”) inches above the sidewalk at any point.
92.3 Allowable Projection of Accessory Building Into Rear Yard
One-story accessory buildings, when separated from the principal structures on the lot by ten (10) feet or more, may project into rear yards abutting on an alley, providing such projection extends not closer than five (5) feet to the rear lot line.
92.4 Allowable Projections of Fences Into Yards
Within residential district, fences may be constructed in or project into yards, providing that (a) no fence or planting more than three (3) feet high or thirty (30) percent solid shall be located with thirty (30) feet of a street intersection, (b) no fence more than four (4) feet high may be located closer to the front of the lot than the principal building, and (c) no fence more than six (6) feet high shall be allowed on any other part of the lot.
SECTION 93. EXCEPTIONS TO HEIGHT LIMITS
The height limitations of this ordinance shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy; monuments, water towers, transmission towers, chimneys, smoke stacks, derricks, conveyors, flag poles, radio towers, masts and arials.
ARTICLE X ENFORCEMENT AND PENALITIES
SECTION 101. ZONING ENFORCING OFFICER
This ordinance shall be administered and enforced by the Zoning Enforcing Officer who shall be appointed by the President with the Village Board’s concurrence.
SECTION 102. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY
102.1 Building Application/Permit Required
It shall be unlawful to commence the excavation for or the construction of any building, including accessory buildings, or to commence the moving or alteration of any buildings, including accessory buildings, until the Zoning Enforcing Officer has issued a building application/permit for such work, as outlined below. An application/permit shall be necessary for ANY exterior alteration or maintenance work on any building in the Historic District.
If you reside INSIDE the Historic District and the work or general maintenance is under $1,000, you do need a permit and you must talk with the Zoning Enforcing Officer so the work can be documented. A permit is required within 14 days of starting said maintenance. If no permit is obtained or you do not discuss the project with the Zoning Enforcing Officer, a fine of $500.00 will be accessed.
For those residing OUTSIDE the Historic District, a permit will not be needed for any work or general maintenance on your home costing less than $1,000. If you are replacing a roof, adding on or changing the appearance of your residence or building on your property, you need to discuss this with the Zoning Enforcing Officer before work begins.
102.2 Issuance of Building Permit
In applying to the Zoning Enforcing Officer for a building permit, the applicant shall submit a dimensioned sketch or scale plan indicating the shape, size, height, and location of all buildings to be erected, altered, or moved and of any building already on the lot. The applicant shall also state the existing and intended use of all such buildings and supply such other information as may be required by the Zoning Enforcing Officer for determining whether the provisions of this ordinance are being observed. If the proposed excavation or construction as set forth in the application is in conformity with the provisions of this ordinance and other ordinances of the Village of Bishop Hill, the Zoning Enforcing Officer shall issue a building permit for such excavation or construction. If a building permit is refused, the Zoning Enforcing Officer shall state such a refusal in writing, with the cause, and shall immediately forward such notice of refusal to the applicant.
The Zoning Enforcing Officer shall grant or deny the permit within ten (10) days from the date the application is submitted. When applications are filed with the Zoning Enforcing Officer that pertains to structures, buildings, or places, within the Bishop Hill Historic District (H) or buildings, structures, or places outside the district but classified as Historically Significant by the Historic Review Board, the Zoning Enforcing Officer shall immediately transmit the application to the Historic Review Board for consideration and approval or disapproval. The Review Board shall notify the Zoning Enforcing Officer and the applicant of its decision. Procedures shall be as outlined in ARTICLE VII of this ordinance.
102.21. The issuance of a building permit shall in no case be construed as waiving any provisions of this ordinance.
102.22 A building permit shall become void ninety (90) days arter issuance unless substantial progress has been made by that date on the project described therein.
102.23 To partially defray the expense of administering this ordinance, a fee shall be collected by the Zoning Enforcing Officer in accordance with the following schedule:
$ 0.00 to $999.99 No Charge
$1,000 to $4,999.99 $10.00
$5,000 to $14,999.99 $20.00
$15,000 and above $50.00
SECTION 103. REMEDIES AND PENALTIES
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this ordinance, the proper authorities of the Village Board, in addition to other remedies, may institute any appropriate action or proceedings to prevent the occupancy of such building, structure or land.
Any person violating any provisions of this ordinance shall be fined a single amount of Five Hundred ($500.00) Dollars.
ARTICLE XI BOARD OF APPEALS
SECTION 111. AUTHORIZATION AND APPOINTMENT
A Board of Appeals is hereby authorized in accordance with Division 13 of the Illinois Municipal Code. The Board of Appeals shall consist of seven (7) members to be appointed by the President and the Village Board. The members of the Board of Appeals shall serve as follows:
For Initial Appointment One for one (1) year
One for two (2) years
One for three (3) years
One for four (4) years
One for five (5) years
One for six (6) years
One for seven (7) years
Successors for Each Term Five (5) Years
One of the members so appointed shall be named chairman at the time of his appointment. The appointing authority has the power to remove any member of the Board of Appeals for cause and after public hearing. Vacancies shall be filled for the unexpired term of the member whose place has become vacant.
SECTION 112. PROCEDURE
Meetings of the Board of Appeals shall be held at the call of the chairman and at such times as the Board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Appeals shall be open to the public. The Board of Appeals shall keep minutes of its proceedings showing the vote, or failure to vote, of each member upon every question, and shall keep records of its examinations and other official actions. All Board of Appeals action shall be a matter of public record.
SECTION 113. APPEALS: HOW TAKEN
An appeal to the Board of Appeals may be taken by any person aggrieved by any order, requirements, decision, or determination by any governmental officer, department, board, or bureau based in whole or in part upon the provisions of this ordinance.
Such appeal shall be filed with the Zoning Enforcing Officer and the Board of Appeals within twenty (20) days of the action appealed from. Upon appeal, the Zoning Enforcing Officer shall immediately transmit to the Board of Appeals all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action
appealed from unless the Enforcing Officer certifies to the Board that a stay would, in his opinion, cause imminent peril to life or property. The Board shall fix a reasonable time for hearing of the appeal, a notice of which shall be published or posted at least once, not more than thirty (30), nor less than fifteen (15) days before the hearing, on the village webpage (if available) or in three (3) prominent places within the community.
The concurring vote of four (4) members of the Board of Appeals is necessary to reverse any order, requirement, decision of an administrative official or to decide in favor of the applicant.
In case of appeal concerning building, structure or place in the Historic District (H) or other buildings, structures, or places outside the District but so designated by the Historic Review Board as Historic, proceedings procedure shall be as outlined in ARTICLE VII, Section 77.1.
SECTION 114. POWERS OF THE BOARD OF APPEALS
The Board of Appeals shall have the following powers:
114.1 Interpretation and Administrative Review
To hear and decide appeals where it is alleged that there is an error in any action by the Zoning Enforcing Officer or other administrative official in carrying out the provisions of this ordinance; and for interpretation of the Zoning Map.
114.2 Variations
To hear and decide on application for a variation in cases where there are practical difficulties or particular hardship in the way of carrying out the provisions of this ordinance.
Before any variation is granted, the Board of Appeals must make a finding of facts that all of the following conditions are shown to be present: (a) 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; (b) the plight of the owner is due to unique circumstances, and (c) a variation, if granted, will not alter the essential character of the locality. In granting a variation the Board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this ordinance. Violation of any of these conditions or safeguards shall be deemed a violation of this ordinance.
Nothing herein contained shall be construed to give or grant to the Board of Appeals the power or authority to permit a use not generally permitted in the district involved.
In order to partially defray the expenses of public hearings involving variations, the applicant shall pay the sum of thirty-five ($35.00) to the Village Treasurer at the time of filing of the appeal for variance.
All final administrative decisions of the Board of Appeals shall be subject to judicial review pursuant to the “Administrative Review Act”, approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto.
ARTICLE XII AMENDMENT
The President and the Board of Trustees of the Village of Bishop Hill may amend, supplement, change, modify, or repeal the regulations, restrictions and boundaries as provided for in this ordinance.
SECTION 121. PROCEDURE
A public hearing shall be held before adoption of any amendment, supplement, or change by the Village Board. Public notice of such public hearing shall be posted on the village webpage (if available) or in three (3) prominent places within the community not more than thirty (30) days nor less than fifteen (15) days before the hearing.
In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty (20) percent of the frontage proposed to be altered, or by the owners of twenty percent of the frontage immediately joining or across an alley therefrom, or by the owners of twenty percent of the frontage directly opposite the frontage proposed to be altered, such protest being filed with the Village Clerk, the amendment shall not be passed except by a favorable vote of two-thirds (2/3) of all members of the Village Board.
In order to partially defray the expenses of a zoning change public hearing, each person petitioning for a zoning change shall deposit with the Village Treasurer the sum of thirty-five dollars ($35.00). No part of such amount shall be refunded for failure of said amendment to be enacted into law.
SECTION 122. ZONING MAP TO BE PUBLISHED
The Village Board shall cause to be published no later than March 31 of each year a map clearly showing the existing zoning divisions and classifications. If in any calendar year there are no changes in zoning divisions, no map shall be published for such calendar year.
ARTICLE XIII LEGAL STATUS PROVISIONS
SECTION 131. INTERPRETATION IN CASE OF CONFLICT WITH OTHER ORDINANCES AND PRIVATE DEEDS
In the interpretation and application of this ordinance, the provisions contained herein shall be held to be minimum requirements, adopted for the promotion of public health, morals, safety, and general welfare.
Any existing ordinance or part thereof which conflicts with the whole or any part of this ordinance is hereby repealed.
In the case of any conflict between this ordinance, or part thereof, and the whole or part of any existing or future private covenants or deeds, the most restrictive shall apply.
SECTION 132. VALIDITY
If any section, clause, provisions, or portion of this ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision, or portion of the ordinance which is not in itself invalid or unconstitutional.
SECTION 133. EFFECTIVE DATE
This ordinance supersedes all previous Zoning Ordinances as of the date of its passing. This ordinance shall be in force and effect from and after the passage, approval and publication as required by law.
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