§ 11.06.020. Zone classifications.

All residential areas shall be subject to the following use restrictions:

Zone 1, Single-Family Residences.

Permitted Uses.

A.

All lots within this Zone are to be used only for single-family residence purposes. Any lot may have a maximum of one (1) structure of each of the following types:

(1)

A residence meeting the criteria hereinafter specified in this title;

(2)

Either a boat house or a boat pier;

(3)

A private garage for motor vehicles;

(4)

A storage shed for maintenance and recreational equipment;

(5)

A swimming pier or platform. No other structure or structures are permitted; and

(6)

A fence or fences in conformance with Chapter 11.06 of the Vandalia Zoning Ordinance at Section 11.06.070 Fences and Walls including references therein set forth.

Lot Area and Floor Area.

B.

No residential lot shall contain an area of less than twenty thousand (20,000) square feet.

C.

No residence shall contain a gross livable floor area of less than one thousand (1,000) square feet, measured from the exterior of the walls of the residence, being exclusive of breezeways, open porches and screened porches unless covered by the roof of the main building, and being exclusive of basements.

Yards.

D.

No part of a residence or accessory building, except boat house and piers as herein provided, shall be located below the five hundred thirty (530) contour elevation, nor shall it be within seventy (70) feet of the normal shoreline (elevation five hundred twenty-five (525)).

E.

No part of a residence or accessory building shall be within fifty (50) feet of any public road or street serving such road, except that on a corner lot, a residence or accessory building shall not be within twenty-five (25) feet of the side street.

F.

No residence or accessory building shall be within twelve (12) feet of any side lot lines.

G.

Custodian of residential lots may erect a boat house along the shoreline, but only when an area is excavated for such house in a manner whereby no enclosed portion of the boat house shall extend beyond the normal shoreline (elevation five hundred twenty-five (525)) nor shall any part of the boat house project more than eighteen (18) feet above the normal elevation of the lot on the lake side. The floor space of the enclosed portion of the boat house shall not exceed one-third ( 1/3 ) that of the dock portion of the boat house. (Ord. 1973-7-3-A)

H.

Boat dock regulations are provided in Section 11.10.030, Boat Docks.

I.

Variances in the above D, F, G and H restrictions may be granted by the City of Vandalia Lake Committee whenever unusual difficulties are encountered because of topography or other unusual conditions. The Lake Committee may vary the yard requirement so as to enable a reasonable use of the property, but such variations shall not interfere with the character and value of the adjoining lots.

J.

Wells to supply potable water for the residence or other use of the property shall be located only within the front yard, except on lake front lots, where the well shall be located between the lake and the building line paralleling same. No water shall be used from any well until is has been tested and approved by the Department of Public Health of the State of Illinois.

Sewage Disposal.

K.

It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property, or in any area under the jurisdiction of the City of Vandalia, any human or animal excrement, garbage or other objectionable waste.

L.

It shall be unlawful to discharge any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this title, to any natural outlet in any area under the jurisdiction of the City of Vandalia.

M.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage, except a standard five-gallon self-contained chemical toilet. (Ord. 1973-7-3-A)

N.

Where a public sanitary sewer is not available, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter. Singular Individual Home Waste Water Treatment System, which has been approved by the State of Illinois, or equivalent, if approved by the State of Illinois, is acceptable, and may be installed less than seventy-five (75) feet from normal water level. (Ord. 1985-8-19-F)

O.

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Building Official and the Fayette County Health Department. The application for such permit shall be made on a form furnished by the City of Vandalia, which the applicant shall supplement with any plans, specifications and other information as deemed necessary by the Building Official.

P.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Building Official. He shall be allowed to inspect the work at any state of construction and, in any event, the applicant for the permit shall notify the Building Official when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty-eight (48) hours of the receipt of notice by the Building Official.

Q.

The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Illinois on a continuing basis.

R.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City of Vandalia. The owner shall purchase and maintain in force and effect a service contract thereto pertaining with a licensed private sewage disposal contractor. A copy shall be filed with the City of Vandalia on an annual basis no later than September 1. At all times, owner shall comply with the Illinois Department of Public Private Sewage Disposal Licensing Act and Code.

S.

At such time as public sewer become available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this title, and any septic tanks, cesspools or similar private sewage disposal facilities shall be abandoned and filled with suitable material.

T.

If the final discharge location of the effluent from a buried sand filter, recirculating sand filter, lagoon or aerobic treatment plant listed as Class I by the National Sanitation Foundation will discharge to the ground surface, then an effluent receiving trench or bed shall be installed prior to discharge. No discharge shall leave the originating property.

Effluent receiving trenches or beds shall be designed according to the specifications for gravel subsurface seepage fields or beds, except smaller, and the bottom of the bed or trench shall not be greater than eighteen (18) inches below the ground surface. They shall be designed so the entire trench of bed is filled with effluent prior to discharge.

All effluent which is discharged from a receiving trench or bed shall be disinfected in accordance with the Illinois Private Sewage Disposal Licensing Act and Code. (Ord. 1991-7-1-A)

Effective March 15, 1996, aerobic treatment plants shall not be used to serve any residential property which is used as a seasonal, weekend or part-time residence in accordance with the Illinois Private Sewage Disposal Licensing Act and Code.

Miscellaneous.

U.

No residence shall be erected unless located upon a lot in a subdivision recorded in the office of the recorder of Deeds of Fayette County, Illinois.

V.

No residence, accessory building, including private garages, or septic or water system shall be constructed without first obtaining a building permit signed by the Building Official. The application for such permit shall be made on a form furnished by the City of Vandalia, which the applicant shall supplement with any plans, specifications and other information as deemed necessary by the Building Official. All structures shall be completed within twelve (12) months from the date of issuance of the permit. The Building Official shall be allowed to inspect the work at any stage of construction, and all completed structures must be approved by the Building Official. (Ord. 1992-8-17-E)

W.

No residence shall exceed two and one-half (2½) stories, or thirty-five (35) feet in height, at the normal ground elevation. No garage for motor vehicles shall exceed a height of one and one-half (1½) stories or twenty-five (25) feet. No storage shed for maintenance and recreational equipment shall exceed a height of one (1) story or twelve (12) feet, nor shall it have a floor area exceeding one hundred twenty-five (125) square feet.

X.

(1)

No motor home, recreational vehicle, mobile home, car, truck, camper, trailer, house car, bus, (garage or storage shed for maintenance and recreational equipment (Ord. 1973-10-15-C), or tent shall be used for residential purposes at any time.

(2)

No sublessee shall cause, permit or allow a motor home, recreational vehicle, mobile home, car, truck, camper, trailer, house car, bus or tent to be upon the premises between the hours of 9:00 p.m. and 7:00 a.m. unless the premises shall be improved by a completed residence meeting the requirements of this Section. (Ord. 1988-11-7-C)

Y.

The City may permit land to be used for public parks; golf courses, but not miniature courses; boat launching areas, storage, service and repairing boats; small recreational areas and subdivisions; churches; public, private or parochial schools; and for other uses that may be needed to provide services to the area under which the City has ownership or control.

Z.

No grading shall be done upon any residential lot, dredging of the Lake adjacent to any residential lot, nor shall any tree exceeding four (4) inches in diameter be cut or removed until plans for the grading, dredging or removal of the tree has been approved by the City unless waived by the Lake Committee and a written memorandum thereof prepared, signed by the Chairman of the Lake Committee and maintained in a file of the Clerk of the City of Vandalia created for such purpose.

AA.

The City of Vandalia is authorized to enter upon any lot to cut and remove weeds, grass and underbrush, and to assess the costs therefore against the custodian of the lot.

BB.

All lots and structures thereon shall be kept in good sanitary condition, and the custodian shall use all reasonable care to keep the same safe from danger of fire, and shall, without delay, comply with all sanitary regulations of the City of Vandalia, County of Fayette and State of Illinois.

CC.

The obtaining or other use of Lake Vandalia raw water by City of Lake Vandalia lot lessees, sublessees or assignees it at the sole risk of such lessee, sublessee or assignee. The City of Vandalia makes no warranty or representation as to present or future quality, character, suitability for any purpose, availability or proximity of such water. Past, present or future use by any lessee, sublessee or assignee shall not create in any such lessee, sublessee or assignee any vested right, title, interest or entitlement to present or future raw water availability, appurtenance, quality or suitability for any purpose. (Ord. 1992-3-16-C)

DD.

No soft coal shall be used as the main source of fuel for any residence.

EE.

No livestock or horses may be kept, maintained or permitted upon lots within this Zone. (Ord. 1973-10-15-C)

FF.

All premises improved for residential purposes shall, prior to occupancy, bear a street number as the same shall be established and determined by the United States Postal Service. Street numbers shall be of such size and so displayed as to be readily visible and readable from the street or other thoroughfare providing vehicular access thereto. It shall be the responsibility of the resident sublessees to obtain the correct street identification and bring about its posting and display. The sublessees of premises presently improved by a residence shall have until November 15, 1997, to display the correct street number as herein specified. Failure to display appropriate signing shall subject the sublessees to a penalty of seventy-five dollars ($75.00) to five hundred dollars ($500.00) for each day of violation.

GG.

All construction shall be in conformance with the International Building Code (IBC) 2009 as otherwise adopted by the City of Vandalia and effective as to all property within its jurisdiction. A copy of the International Building Code (IBC) 2009 shall be available at city hall at all times during regular business hours.

(Ord. No. 1997-3-3-A, Art. 3(3.2), 3-3-1997; Ord. No. 1997-9-2-C, § I, 9-2-1997; Ord. No. 1999-7-19-B, § I, 7-19-1999; Ord. No. 2000-12-4-G, § I, 12-4-2000; Ord. No. 2001-7-16-D, §§ I, II, 7-16-2001; Ord. No. 2002-5-6-F, § I, 5-6-2002; Ord. No. 2002-5-20-H, § I, 5-20-2002; Ord. No. 2010-5-3-E, § I, 5-3-2010; Ord. No. 2015-7-20-B, § I, 7-20-2015; Ord. No. 2016-2-1-A, § I, 2-1-2016)