§ 3.5. REQUIREMENTS APPLICABLE TO ALL DISTRICTS

A.

Permitted Uses

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the districts indicated under the conditions specified. No buildings or zoning lot shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such building or zoning lot shall be located, with the exception of the following:

1.

Uses lawfully established on the effective date of this ordinance; and

2.

Special uses allowed in accordance with the provisions of 3.5.D, hereunder.

B.

Uses Already Established

Uses already established on the effective date of this ordinance, and rendered nonconforming by the provisions thereof, shall be subject to the regulations of Chapter 9, Nonconformities.

C.

Special Uses

Special uses as hereinafter listed, may be allowed in the zoning districts indicated, subject to approval in accordance with the provisions of 2.9.

D.

Interpretation of Use Lists.

The Zoning Administrator may allow land uses (permitted or special) which, though not contained by name in a zoning district list of permitted or special uses, are deemed to be clearly similar in nature, impact and character to listed uses.

3.5.1

Number of Buildings on a Zoning Lot

Not more than one principal building shall be located on a zoning lot, nor shall a principal building be located on the same zoning lot with any other principal building, except in the case of multifamily buildings for multifamily developments, row or townhouses, in N1 Institutional District Official Development Plans, Form Districts, and in all commercial, office, and industrial districts subject to all other applicable sections of this development code.

3.5.2

Division of Zoning Lots

No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all zoning lots resulting from each such division or sale shall conform with all applicable bulk regulations of the zoning district in which the property is located.

3.5.3

Minimum Lot Size

Every residential building hereafter erected on a lot or parcel of land created subsequent to the effective date of this development code shall provide a lot or parcel of land in accordance with the lot size requirement of the district within which it is located. In any residential district, on a lot of record on the effective date of this development code, a single-family dwelling may be established regardless of the size of the lot, provided all other requirements of this development code and the City Code are complied with; however, where two or more continuous substandard recorded and undeveloped lots are in common ownership and are of such size as to constitute at least one conforming zoning lot, such lots or portions thereof shall be so joined, developed, and used for the purpose of forming an effective and conforming zoning lot or lots. Such contiguous substandard lots in common ownership shall be considered as being maintained in common ownership after the effective date of this development code for zoning purposes. In no case shall a lot created illegally be considered a lot of record.

3.5.4

Lot Size Requirements

Lot size requirements shall be as set forth under each district and:

A.

No use shall be established or hereafter maintained on a lot recorded after the effective date of this development code which is of less area than prescribed hereinafter for such use in the zoning district in which it is to be located.

B.

No existing lot, building or dwelling shall be converted so as to conflict with, or further conflict with, the lot size requirements of the district in which such lot is located.

3.5.5

Yard Requirements

A.

Yard requirements shall be set forth under each zoning district for all buildings, structures, and uses, except as may be established by the City Council and reflected on the Zoning District Map.

B.

All required yards shall be unobstructed from the ground level to the sky, except as allowed in 3.5.7. All accessory buildings when attached to principal buildings shall comply with the yard requirements of the principal buildings.

C.

When there is a conflict between the district minimum yard requirements and the transitional buffer yard requirements, the yard requirement requiring the greater area of yard shall apply.

3.5.6

Setback Regulations

No lot area lying between the building setback line and the corresponding street property line shall be used for storage of materials or equipment nor shall any hedge, tree or ornamental shrubbery be permitted in this area that will be an obstruction to the view at street intersections and no building, structure, sign, concrete masonry wall, no fence which cannot be viewed through, or other improvement shall be erected or structurally altered so that any part thereof is nearer to the established center line of the following roads and streets than the distances as set forth below.

State and county designated highways and primary thoroughfares as indicated on the official thoroughfare map of the City of Peoria: all buildings one hundred (100) feet from the centerline or twenty-five (25) feet from the right-of-way, whichever may be greater. The Zoning Administrator may reduce this requirement if a lesser setback has already been established in the immediate area, but in no event can he/she reduce the setback to less than the normal yard requirements specified in the pertinent zoning district. Any such reduction must be accompanied by a written agreement wherein the owner of the property and his/her heirs or assigns agree to remove the structure at his/her expense and to hold the City of Peoria harmless from any expense or liability arising out of the removal or relocation of the structure if the full setback requirement or a portion thereof is needed for public improvement. Upon proper petition by the owner of property affected by the above requirements, the City Council, by majority vote, upon recommendation of the Development Review Board and appropriate state or county officials, may waive the signing of the above statement. Said petition shall show that a strict application of the terms of said agreement will impose a demonstrable hardship upon the petitioner, and that it is more likely than not that the full setback requirement stated above will not be required by the city, county or state at a future date. In no event shall the City Council reduce the setback to less that [than] the normal requirements specified in the pertinent zoning district.

3.5.7

Permitted Obstruction in Required Yards

The following shall not be considered to be obstructions when located in the required yards specified. Additional standards which supersede these permitted obstructions may be applicable in the Form Districts (see 6.0, Form Districts).

A.

In All Yards

1.

Open terraces not over three feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch;

2.

Awnings and canopies;

3.

Steps four feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley;

4.

Chimneys projecting two feet or less into the yard;

5.

Approved free-standing signs;

6.

Arbors and trellises;

7.

Flagpoles;

8.

Mechanical equipment projecting not more than 24 inches into the required yard, ( e.g. central air conditioning units, generators). Other similar obstructions will be reviewed on a case by case basis by the Development Review Board;

9.

Retaining walls and fences subject to applicable height restrictions of 5.4.

10.

Wheelchair ramps subject to administrative approval (see 5.5.2.A).

11.

Bus Benches and Shelters on properties in non-residential zoning districts, subject to 5.5.2.D.

12.

Bus benches and shelters on properties in residential zoning district per Section 5.5.2.A.

B.

In Front Yards

1.

One-story bay windows projecting two feet or less into the yards; and

2.

Overhanging eaves and gutters projecting two feet or less into the yard.

C.

In Rear Yard

1.

Open off-street parking spaces (the parking space requirements contained in 5.4, Accessory Structures and Uses shall apply);

2.

Balconies;

3.

Recreational and laundry drying equipment;

4.

Fallout shelters;

5.

Breezeways and open porches;

6.

One-story bay windows projecting two feet or less into the yard; and

7.

Overhanging eaves and gutters projecting two feet or less into the yard.

D.

In Side Yards

1.

Overhanging eaves and gutters projecting two feet or less into the yard.

2.

Permitted obstructions shall not, in the aggregate, occupy more than 50 percent of the width of any required yard.

3.5.8

Existing Uses with Approval, Special Exceptions, and Planned Unit Developments

Where a use has been classified by this ordinance as a use with approval or special exception or planned unit development under this ordinance and granted as such a use before or at the date of the adoption of this ordinance it shall be considered to be a legal use with approval or special exception or planned unit development. Uses with approval, special exceptions, or planned unit developments that (1) include conditions requiring some type of review or action by the Planning and Zoning Commission, or (2) are subject to a request for amendments will have the same requirements as outlined in 2.9.

( Ord. No. 17505 , § 1(Exh. A), 9-26-17)