Carbon Hill City Zoning Code
ARTICLE II
General Provisions
§ 330-5 Cost of permits.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
Fees for courtesy permits, addition building permits and new building permits shall be set from time to time by the Board of Trustees. Inspection fees will be added accordingly based on what is being built.
A.
Courtesy permits. The following buildings, structures, and uses require a courtesy permit: repairs, awnings, trellises, balconies, fences, playhouses, decks, sheds and storage buildings (300 square feet maximum), pools, terraces, patios, outdoor fireplaces.
B.
Addition building permit. The following building, structure, and use additions require an addition building permit: garages, carports - enclosed, and room additions that are 301 square feet to 900 square feet.
C.
New building permit. The following buildings and structures require a new building permit: new house, garage that are over 900 square feet.
§ 330-6 Control over use.
A.
The uses of land and the erection, alteration, and use of buildings or structures shall be limited to:
(1)
Uses unlawfully established and existing on the effective date of this chapter, except uses lawfully established and existing on the effective date of this chapter and rendered nonconforming by the provisions herein shall be subject to the regulations of "nonconforming, buildings, structures, and uses"; and
(2)
Uses permitted or conditionally permitted in the zoning district in which the land, building, or structure is to be located.
B.
Where a use which is classified as a conditional use by this chapter exists on the effective date of this chapter, it shall be considered to be a lawful conditional use.
C.
Where the construction of a building or structure has begun prior to the effective date of this chapter and is being prosecuted to completion, said building or structure may be completed and occupied.
D.
Where plans for the construction of a building or structure have been filed with the Village Clerk within 10 days after the effective date of this chapter, said building or structure may be constructed and occupied if construction is commenced within six months and completed within one year of the filing date.
§ 330-7 Control over bulk.
A.
Establishment of new buildings or structures. New buildings or structures shall conform with the bulk regulations established by this chapter for the district in which each such building or structure is located.
B.
Existing buildings or structures. Existing buildings or structures shall not be enlarged, reconstructed, structurally altered, converted, or relocated in such a manner as to conflict or to increase any existing conflict with the bulk regulations of this chapter for the district in which such buildings or structures are located.
C.
Existing residential lots of record. A lot of record, as defined in § 330-50 of this chapter, at the time of this adoption of this chapter in a Residence District which is unable to meet the requirements of this chapter as to lot area and lot width may be used for a single-family detached dwelling, provided it shall meet all the other requirements of this chapter and other applicable Village ordinances, regulations, and codes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
§ 330-8 Number of buildings on lot.
In any Residence District, every single-family detached dwelling hereafter erected or structurally altered shall be located on a lot, and there shall be no more than one such dwelling on a lot.
§ 330-9 Lot division.
No lot containing a structure or use shall hereafter be divided in order to secure one or more additional lots for transfer of ownership and establishment of a principal use thereon; unless each lot, including also the lot containing the structure or use, resulting from such division, shall have the minimum lot area, lot width, and yards as required in this chapter for the district in which the lot is located.
§ 330-10 Yards.
A.
Yards and other open spaces as required by this chapter shall be located on the same lot as the principal building, structure, or use.
B.
On through lots, the front lot line shall be designated by the Building and Zoning Officer or designee, except that when a front lot line has been established on one or more lots in the same block, the front lot line for such lot or lots shall be the front lot line on all vacant through lots in such block. Only those obstructions permitted in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard, except where a no-access strip has been provided for such lots on the recorded plat.
C.
No legally required yards, open space, or lot area for any use or structure shall be used to satisfy yard, open space, or lot area requirements for any other structure or use.
D.
No yards allocated to a building, structure or use existing on the effective date of this chapter shall be subsequently reduced or further reduced below the yard requirements of this chapter, except a yard adjoining a street may be reduced in depth in the event the right-of-way width of such street is subsequently increased.
§ 330-11 Setbacks along streets.
A.
Minimum setbacks on lots abutting a street shall be the distance required for a front yard, or side yard adjoining a street, in the districts where such lots are located, measured from the existing right-of-way line of the street, or from a proposed right-of-way line as duly established by other ordinances of the Village or as established by county or state highway authorities, whichever has the greater right-of-way width requirements.
B.
When lots fronting one side of a street within a block have established building setbacks of a depth other than herein required for a front yard in the district in which the lot is located the depth of the setbacks on any lot shall be the average of the setbacks already established on the two lots located on each side of such lot, and if not setback is established on one of the adjacent lots, the required front yard depth for that lot shall be used in calculating the average setback of the two adjacent lots.
§ 330-12 Accessory buildings, structures and uses.
A.
Accessory buildings, structures and uses shall be compatible with the principal use, shall not be erected or altered in required yards except those that are herein permitted as obstructions in yards, and shall not be established prior to the establishment of the principal use.
B.
Accessory uses shall not include the keeping, propagation, or culture of pigeons, rabbits, bees, livestock, or other nonhousehold animals, whether or not for profit, except on such lots where the pursuit of agriculture is a permitted principal or accessory use.
[Amended 6-2-2023 by Ord. No. 2023-02]
C.
No detached building accessory to a single-family detached dwelling hereafter erected or altered at any location on a lot, shall be more than one story or 25 feet in height, whichever is lower, nor shall it be nearer than 10 feet from the principal building on the lot.
D.
Except as herein otherwise required for a specific accessory use, detached accessory buildings, as herein permitted as obstructions in required rear yards shall:
(1)
Be not more than one story or 25 feet in height, whichever is lower;
(2)
Cover not more than 30% of the area of the rear yard; and
(3)
Be located not less than five feet from a lot line of adjoining lots, except:
(a)
On corner lots not nearer to the side street lot line than the distance required in the district in which the lot is located for a side yard adjoining a street: 30 feet.
(b)
On through lots that do not have a rear lot line adjoining a no-access strip not nearer to the rear lot line adjoining a street than the distance required for a front yard: 25 feet.
(c)
On lots which abut a public alley not nearer to the edge of the alley than five feet.
§ 330-13 Permitted accessory buildings, structures, and uses in required yards.
The following accessory buildings, structures, and uses are permitted and may be obstructions in yards as follows:
F | Denotes permitted obstruction in front yards and side yards adjoining streets |
S | Denotes permitted obstruction in interior side yards |
R | Denotes permitted obstruction in rear yards |
1. | Awnings or canopies projecting not more than three feet into a required yard | FSR |
2. | Arbors or trellises | FSR |
3. | Air-conditioning equipment shelters | SR |
4. | Balconies | FSR |
5. | Bay windows projecting not more than ]three feet into a yard | FSR |
6. | Chimneys, attached projecting not more than two feet into a yard | FSR |
7. | Eaves and gutters projecting not more than four feet into a front and rear yard and not more than two feet into a side yard | FSR |
8. | Fallout shelters, attached or detached | SR |
9. | Fences not more than six feet in height | SR |
10. | Fire escapes, open or enclosed projected into a front or side yard adjoining, a street not more than five feet, and into an interior side yard, not more than three feet | FSR |
11. | Flagpoles | FSR |
12. | Garages or carports; attached or detached | FSR |
13. | Growing of garden crops in the open; if in the Village right-of-way and it is run over, the Village doesn't have to replace | SR |
14. | Lawn furniture, such as benches, sun dials, bird baths and similar structures | FSR |
15. | Open off-street loading spaces | FSR |
16. | Open off-street parking spaces not less than five feet from a lot line or not less than 10 feet from a building wall or a greater distance if required herein and in all business districts open off-street parking spaces may be in a required front yard or side yard adjoining a street as hereinafter regulated | SR |
17. | Playground and laundry drying equipment | R |
18. | Playhouses and open-sided summer houses | SR |
19. | Sheds and storage buildings for garden equipment and household items, 300 square feet maximum | R |
20. | Sidewalks | FSR |
21. | Signs, nameplates and light standards | FSR |
22. | Sills, belt courses, cornices, ornamental features of the principal building and wall or window mounted air conditioners, projecting not more than 18 inches | FSR |
23. | Steps, open, necessary for access to and from the dwelling or an accessory building, provided there are no more than eight steps from access to and from a principal or accessory building | FSR |
24. | Swimming pools, private | SR |
25. | Terraces, patios, outdoor fireplaces and decks | R |
26. | Tennis courts, private | R |
27. | Trees, shrubs and other plants | FSR |
28. | Other accessory buildings, structures, and uses as herein permitted in district regulations as an accessory to a specific permitted use | Not allowed in yards |
§ 330-14 Vision clearance on corner lots.
On corner lots within that part of a yard located within a radius of 25 feet from the point of intersection of the two street right-of-way lines forming the lot corner, no structures or shrubs as herein permitted as obstructions in front yards or side yards adjoining a street shall be erected, altered, or planted which have a height more than 30 inches above the ground grade in this area, and trees planted in such areas shall be maintained in a manner that trees shall not have branches lower than eight feet above the ground grade elevation in this area.
§ 330-15 Sewerage and water systems.
The Village of Carbon Hill follows the Grundy County Health Department Ordinance.
§ 330-16 Floodplain area.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
All buildings shall comply with the floodplain management requirements of Chapter 165, Flood Damage Prevention, of the Village Code.
§ 330-17 Building height.
No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located, except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building and fire or parapet walls, skylight, towers, steeples, flagpoles, chimneys, smokestacks, radio and television aerials, wireless masts, water tanks, silos, storage hoppers, elevators or similar structures may be erected above the height limits when recommended by the Planning Commission and approved by the Board of Trustees.
§ 330-18 Exemptions.
The regulations of this chapter shall not be exercised so as to:
A.
Deprive the owner of any existing property of its use or maintenance for the purpose to which it is lawfully devoted at the time of enactment of this chapter or subsequent amendments thereto.
B.
Impose regulations or require permits (except as herein outlined) with respect to land used or to be used for agricultural purposes or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings used or to be used for such agricultural purposes upon such land except that such building for agricultural purposes may be required to conform to building or setback lines.
C.
Specify or regulate the type or location of any poles, towers, wires, cables, conduits, vaults, laterals or any other similar distributing equipment of a public utility as defined in "An Act Concerning Public Utilities" enacted by the General Assembly of the State of Illinois.[1]
[1]
Editor's Note: See the Public Utilities Act, 220 ILCS 5/1-101 et seq.
§ 330-19 Regulating and creating standards for mobile homes.
A.
Purpose. To provide a Zoning District R-4, Mobile Home Trailer Parks and Travel Trailer Parks, to establish minimum standards for mobile home parks; to establish requirements for the design, construction, alterations, extension and maintenance of mobile homes and mobile home parks, related utilities and facilities; to authorize the issuance of permits for construction, alteration and extension of mobile homes and mobile home parks; to authorize the inspection of mobile home parks; and fix penalties for violations of the same.
B. MOBILE HOME MOBILE HOME PARK MOBILE HOME STAND PARK MANAGEMENT PARK STREET PARK SUBDIVISION PERMANENTLY AFFIXED PERMIT RESIDENT SERVICE BUILDING SEWER CONNECTIONS SEWER RISER PIPES SITE TRAILER TRAVEL TRAILER TRAVEL TRAILER PARK VACANT WATER CONNECTION WATER RISER PIPE
Definitions. The following terms, unless a contrary meaning is specifically prescribed by the content, shall have the following meanings:
See definition in § 330-52.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A lot, parcel, or tract of land developed with facilities for accommodating two or more mobile homes, provided each mobile home contains a kitchen, flush toilet, and shower or bath. It shall not include a sales lot in which automobiles or unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale, except mobile homes located on a site in the mobile home park which are occupied or vacant for not more than 90 days after occupancy may be sold or offered for sale.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
That part of a mobile home lot which has been reserved for the placement of one mobile home unit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
The person who owns or has charge, care or control of the mobile home park.
A private way which affords principal means of access to individual mobile home lots or auxiliary buildings.
The total acreage platted for development into a mobile home park subdivision.
A mobile home should be deemed to be permanently affixed to the land when, in accordance with its owner's intent, its wheels, skids, rollers or other transporting devices have been removed and it has been so placed upon a lot, possessing a compacted gravel or concrete slab foundation for the supporting the home, whereby it is rendered immobile and stationary.
A written permit or certification issued by the health authority permitting the construction, alteration and extension of a mobile home park under the provisions of these standards and regulations.
One who occupies a particular place.
A structure housing toilet, lavatory and such other facilities as may be required by these standards.
The connection consisting of all pipes, fittings and appurtenances from the drain outlet of the mobile home to the inlet of the corresponding sewer riser pipe of the sewerage system serving the mobile home park.
That portion of the sewer lateral which extends vertically to the ground elevation and terminates at each mobile home lot.
A total parcel of land, whether undivided acreage or a platted subdivision or an individual lot therein, upon which a mobile home may be situated.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A mobile home as defined the definition of "mobile home" above.
See definition in § 330-52.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A tract of land or two or more contiguous parcels on which facilities are developed for accommodating travel trailers for temporary occupancy during one or more seasons of the year.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
Not lived in by a resident for a period of time that exceeds 45 consecutive calendar days.
The connection consisting of all pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within the mobile home.
That portion of the water supply system serving the mobile home park which extends vertically to the ground elevation and terminates at a designated point at each mobile home lot.
E.
Height standards. No building, structure or dwelling in a mobile home park subdivision or travel trailer park shall exceed 2 1/2 stories or 35 feet in height.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
F.
Yard area - mobile home. No mobile home shall be placed upon a park subdivision lot unless the following yards are provided and maintained in connection with such mobile homes:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
(1)
Front yard. Each lot upon which a mobile home is placed shall have a front yard of not less than 20 feet.
(2)
Side yard. On each lot upon which a mobile home is placed, there shall be a side yard on each side of not less than 15 feet. The side yard for corner lots shall be not less than 20 feet.
(3)
Rear yard. Every lot upon which a mobile home is placed shall have a rear yard of not less than 20 feet.
G.
Setback from center line of street.
(1)
Every mobile home placed upon a park subdivision lot which fronts upon a major highway shall be set back from the center line of the highway a minimum of 80 feet to the building line.
(2)
Every travel trailer placed upon a park lot which fronts upon a major highway shall be set back from the center line of the highway a minimum of 68 feet to the building line.
H.
Percentage of lot coverage. Each mobile home, including accessory buildings, garages, and porches, shall not cover more than 50% of each park subdivision lot.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
I.
Dwelling standards. Every mobile home hereafter placed upon a park subdivision lot shall be permanently affixed and placed in location on a foundation or other permanent supports so as to integrate it into a previously prepared structure and create connections to the outside systems, and shall further have a total ground floor area of not less than 500 square feet, measured from the outside of the exterior walls, including utility rooms but excluding open porches, breezeways and garages.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
J.
Off-street parking facilities.
(1)
Two parking spaces for each mobile home lot shall be provided. No motor vehicle, parked on the mobile home lot, shall be parked closer than three feet to the mobile home.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
(2)
One parking space for each travel trailer lot shall be provided.
K.
Screen planting - mobile home park subdivision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
(1)
Subdivision periphery abutting residential use. All mobile home subdivision sites shall provide a twenty-foot wide planting strip, planted with trees and shrubs at least six feet deep, to provide a dense screen at all times, which extends the length and depth of the entire subdivision.
(2)
Interior lots and service areas. Adequate screen planting shall be provided to insure privacy, reduce reflected glare between mobile home lots, and screen objectionable views including laundry and drying areas, lot storage structures, garbage and trash collection receptacles, laundry-dryer building facilities, and common parking areas.
L.
Tenant storage. Storage facilities shall be provided conveniently near each mobile home lot for the active storage of outdoor equipment, furniture or tools, and for the inactive storage of such other materials as are used only seasonally or infrequently by the typical tenant and which cannot be conveniently stored in a typical mobile home. There shall be a minimum of 90 cubic feet provided for general storage for each mobile home lot. Storage facilities shall be provided in compounds located within a reasonable distance, but not more than 500 feet from each mobile home site serviced, and located no closer to private or public streets than the mobile home unit itself. Storage facilities shall be designed in a manner that will enhance the appearance of the park and shall be constructed of suitable weather-resistant materials appropriate for the use and maintenance contemplated.
M.
Required recreation areas. In all parks there shall be one or more recreation areas which shall be easily accessible to all park residents. The size of such recreation areas shall be based upon a minimum of 500 square feet for each lot in the park that is designed to accommodate mobile homes. No outdoor recreation area shall contain less than one acre and shall be designed in a contiguous and compact pattern. Recreation areas shall be so located as to be free of traffic hazards and should, where topography permits, be centrally located.
N.
Percentage of lots to be improved prior to use. It shall be a condition precedent to granting of the special use permit that at least one-third of the park subdivision lots be completed and ready for occupancy, which completion shall include installation of roadways, sidewalks, lighting, public utilities, service and management buildings.
P.
Streets and driveways. Streets and driveways shall be installed and paved to a minimum width and standard to conform to municipal subdivision standards.
Q.
Water supply - water storage facilities. All water storage reservoirs shall be covered, watertight and constructed of impervious material. Overflows and vents of such reservoirs shall be effectively screened. Manholes shall be constructed with overlapping covers so as to prevent the entrance of contaminated material. Reservoir overflow pipes shall discharge through an acceptable air gap.
R.
Water supply - distribution system.
(1)
The water supply system of the mobile home parks shall be connected by pipes to all mobile homes, buildings, and other facilities requiring water.
(2)
All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and local regulations and requirements and shall be of a type and in locations approved by the health authority.
(3)
The water piping system shall not be connected with nonpotable or questionable water supplies and shall be protected against the hazards of backflow or back siphonage.
(4)
The system shall be so designed and maintained as to provide a pressure of not less than 20 pounds per square inch under normal operating conditions at service buildings and other locations requiring potable water supply and shall be approved by the Village Engineer.
S.
Water supply - individual water-riser pipes and connections.
(1)
Individual water-riser pipes shall be located within the confined area of the mobile home stand at a point where the water connection will approximate a vertical position.
(2)
Water-riser pipes shall extend at least four inches above ground elevation. The pipe shall be at least three-quarter inches. The water outlet shall be capped when a mobile home does not occupy the lot.
(3)
Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes and to protect risers from heaving and thawing actions of ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipe.
(4)
A shut-off valve below the frost line shall be provided near the water-riser pipe on each mobile home lot, along with provision for water meter placement in a vault.
T.
Sewage disposal - general requirements. An adequate and safe sewerage system shall be provided in all mobile home parks for conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with state and local laws.
U.
Sewage disposal - sewer lines. Sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall be separated from the park water supply system at a safe distance. Sewers shall be at a grade which will insure a velocity of two feet per second when flowing full. All sewer lines shall be constructed of material approved by the Village Engineer.
V.
Sewage disposal - individual sewer connections.
(1)
Each mobile home stand shall be provided with at least a six-inch diameter sewer riser pipe. The sewer riser pipe shall be so located on each stand that the sewer connection to the mobile home drain outlet will approximate a vertical position.
(2)
The sewer connection shall have a nominal inside diameter of at least four inches, and the slope of any portion thereof shall be at least one-quarter inch per foot. The sewer connection shall consist of one pipeline only without any branch fittings. All joints shall be watertight.
(3)
All materials used for sewer connections shall be semi-rigid, corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth.
(4)
Provision shall be made for plugging the sewer riser pipe when a mobile home does not occupy the lot. Surface drainage shall be diverted away from a riser. The rim of the riser pipe shall extend at least four inches above ground elevation.
W.
Sewage disposal - treatment and/or discharge. Where the sewer lines of the mobile home park are not connected to a public sewer, all proposed sewage facilities shall be approved by the Village Engineer prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of the state except with prior approval of the health authority.
X.
Electrical distribution system - requirements. Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations governing such systems.
Y.
Electrical distribution system - power lines.
(1)
Main power lines not located underground shall be suspended at least 18 feet above the ground. There shall be a minimum horizontal clearance of three feet between overhead wiring and any mobile home, service building or other structure.
(2)
All direct burial conductors or cable shall be buried at least 18 inches below the ground surface and shall be insulated and specially designed for the purpose. Such conductors shall be located not less than one-foot radial distance from water, sewer, gas or communication lines.
Z.
Electrical distribution system - individual connections.
(1)
Each mobile home lot shall be provided with an approved disconnecting device and over-current protective equipment. The minimum service per outlet shall be 120/140 volts AC, 50 amperes.
(2)
Receptacles, if provided, shall be in accordance with American Standard Outlet Receptacle C-73.
(3)
Outlets (receptacles or pressure connectors) shall be housed in a weatherproof outlet box, and shall be located not more than 25 feet from the overcurrent protective device in the mobile home. A three-pole, four-wire grounding type shall be used.
(4)
Connectors, if not substituted by more than one receptacle, shall be provided where the calculated load of the mobile home is more than 50 amperes.
(5)
The mobile home shall be connected to the outlet box by an approval type of flexible supply cord with a male attachment plug or with pressure connectors.
AA.
Electrical distribution system — required. All exposed noncurrent carrying metal parts of mobile homes and all other equipment shall be grounded by means of an approved grounding conductor with branch circuit conductors or other approved method of grounding metallic wiring. The neutral conductor shall not be used as an equipment ground for mobile homes or other equipment.
BB.
Preexisting use/nonconforming use. Mobile homes which are established on a residential lot prior to the passage of this chapter shall be considered a nonconforming use and shall be allowed to remain so long as they are occupied by a resident and not determined to be vacant as defined in this chapter.
CC.
Removal. Once a mobile home has been removed from an existing lot not meeting the requirements of this chapter, it may not be replaced unless the requirements of this chapter are met.
DD.
Buildable lot. Any lot which has a mobile home removed will be allowed as a Buildable lot with a minimum of five foot setbacks and proper sanitary and water hook-ups.