Zoneomics Logo
search icon

Carthage City Zoning Code

CHAPTER 4

APPLICATION OF REGULATIONS

10-4-1: GENERAL REGULATIONS:

   (A)   The provisions of this title shall apply to the entire City and that area within one and one-half (11/2) miles of the corporate limits.
   (B)   Nothing contained in these regulations shall impose restrictions 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 or structures used or to be used for agricultural purposes, shall conform to building or setback lines, and a permit with respect to land used for agricultural purposes and buildings thereon shall be required, but without charge therefor; nor shall these regulations be deemed to 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 the Act entitled "Public Utilities Act" of the Illinois Compiled Statutes.
   (C)   Except as hereinafter provided:
      1.   No building or land shall, after the effective date hereof, be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located.
      2.   No building shall, after the effective date hereof, be erected or altered:
         (a)   To exceed the height,
         (b)   To accommodate or house a greater number of families,
         (c)   To occupy a greater percentage of lot area, or
         (d)   To have a narrower or smaller rear yard, front yard, side yard, inner or outer court than is specified herein for the district in which such building is located.
      3.   No part of a yard or other open space about any building required for the purpose of complying with the provisions of the standards in this title shall be included as a part of a yard or other open space similarly required for another building.
      4.   Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot, except as otherwise provided in this title.
      5.   No parcel of land described by metes and bounds or any lot shall hereafter be created which does not conform and meet the requirements of any new zoning ordinance. (Ord. 69-23, 4-6-1970)

10-4-2: TRAILER PARKS:

The following regulations shall apply to trailers:
   (A)   A trailer shall not be considered to be permissible as an accessory building.
   (B)   No person shall park, store or occupy a trailer for living purposes except:
      1.   In accordance with section 10-6-5, "R-5 Mobile Home Dwelling District", of this title.
      2.   In an approved trailer park in accordance with the City trailer ordinance (chapter 10 of this title), provided that public or community sewer and water facilities are available for each trailer, and that each existing trailer lot contains an area as provided in this Code.
      3.   For a period not in excess of one year, on property for which a building permit for the construction of a permanent dwelling has been issued, which construction is actively carried forward to completion within the aforesaid one year.
      4.   A trailer home may be used as a temporary office or shelter incidental to construction or development of the premises on which the trailer is located only during the time construction or development is actively underway. (Ord. 69-23, 4-6-1970)

10-4-3: ACCESSORY BUILDINGS AND USES:

   (A)   Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use, and shall not include the keeping or propagation of poultry or livestock, whether or not for profit. Private swimming pools shall be permitted accessory use in any residence district, provided they conform with regulations of this title and other applicable provisions of this Code.
   (B)   No accessory building or structure, unless it is structurally a part of the principal building, which conforms with the yard requirements of the district in which it is located, shall be erected or altered at, nor moved to a location:
      1.   Within ten feet (10'), measured from vertical wall to vertical wall of the nearest wall of a principal building, except where an accessory building or structure and a principal building are of fire-resistive type construction, as approved by the building inspector, an accessory building or structure may be located nearer than ten feet (10');
      2.   Within a required front yard, side yard or side yard adjoining a street;
      3.   Within that part of a rear yard which is three feet (3') from the rear and three feet (3') from the side lot lines that do not adjoin a street or alley;
      4.   Within that part of a rear yard of through lots which is thirty feet (30') from the rear lot line, and the distance of the required side yards from the side lot lines; and
      5.   Within an easement.
   (C)   No accessory building shall have a building height of more than one story or seventeen feet (17'), whichever is the lesser, unless otherwise permitted as accessory to business or manufacturing uses, or to authorized special uses. (Ord. 69-23, 4-6-1970)

10-4-4: SPECIAL USES:

   (A)   To provide for the location of certain uses hereinafter specified which are deemed desirable for the public welfare within a given district or districts, but which might have an adverse effect upon nearby properties or upon the character and future development of the district in which they are located, a classification of special uses is hereby established.
   (B)   Where a use exists on the effective date hereof, and it is classified as a special use in the district in which it is located by this title, it shall be considered to be a lawful special use. Additions or alterations to existing buildings or land improvements for expansion of lawful special uses may be made within the area of the lot included in the ownership existing at the effective date hereof; and they shall be subject to yard, floor area ratio, and building height requirements set forth in this title for permitted uses in the districts in which they are located. (Ord. 69-23, 4-6-1970)

10-4-5: PERMITTED OBSTRUCTIONS; YARDS:

For the purpose of this title, the following shall not be considered as obstructions when located in the yards indicated:
   (A)   In Any Yards: Chimneys, overhanging roof eaves, open terraces, marquees, and awnings adjoining the principal building, if they do not exceed ten percent (10%) of the depth of the yard, and ornamental light standards and flagpoles. On corner lots, obstructions not higher than thirty six inches (36") above curb level, if located in that portion of a required front or side yard situated within twenty feet (20') of the lot corner formed by the intersection of any two (2) street lines.
   (B)   In Side Yards: Open accessory off-street parking spaces, except in a side yard abutting a street.
   (C)   In Rear Yards: Private garages attached or structurally a part of the principal building, private garages, detached; open accessory off-street parking spaces; accessory sheds, or other similar accessory buildings; private swimming pools in accordance with regulations of this title and other applicable regulations of the City; recreational and laundry-drying equipment; arbors and trellises; or fences not to exceed six feet (6') in height may be located along property lines. Accessory buildings or structures may occupy not more than thirty percent (30%) of a rear yard. (Ord. 69-23, 4-6-1970)

10-4-6: YARDS, GENERAL:

   (A)   The minimum yard space required for one structure shall not again be considered as yard space for another adjoining structure.
   (B)   No lot shall be reduced in area so that the yards or other open spaces become less than required by this title.
   (C)   On streets where a front yard setback has been maintained for buildings existing on lots or tracts having a frontage of fifty percent (50%) or more of the total frontage on one side of that portion of any street lying between two (2) intersecting streets, there shall be maintained a front yard setback of not less than the average setback of the aforementioned existing buildings or thirty feet (30'), whichever is smaller.
   (D)   On a vacant through or corner lot, either of the lot lines abutting a street right-of-way line may be established as its front lot line, except that where two (2) or more through lots are contiguous and a front lot line has been duly established, the same street lot line shall thereafter be deemed to be the front lot line of all such contiguous lots. On a through lot, a front yard shall be provided along any lot line abutting a street. (Ord. 69-23, 4-6-1970)

10-4-7: FLOODPLAIN AREA:

No building or structure shall be erected with the elevation of a habitable floor, including a basement floor, lower than four feet (4') above the flood crest elevation, as established by FEMA. (Ord. 69-23, 4-6-1970; amd. 2018 Code)