3-1. Except as herein specifically provided:

A.

No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered; nor shall any building or land be used except for a use permitted in the district in which such building or land is located.

B.

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building is located except as specifically provided hereinafter.

C.

No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located except as specifically provided hereinafter.

D.

No building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the district in which such building is located.

E.

The minimum yards, parking spaces and open spaces, including lot area per family, required by this ordinance for each and every building existing at the time of passage of this ordinance or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building; nor shall any lot area be reduced below the requirements of this ordinance for the district in which such lot is located except as specifically provided hereinafter.

F.

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 (1) main building on one (1) lot except as specifically provided hereafter in Article 22.

G.

All inhabited Manufactured Homes (Mobile Home, House Trailer or Double-Wide Trailer) shall be located in a Manufactured Home Park (Trailer Park or Mobile Home Park) as provided for in this ordinance. The temporary use of a Manufactured Home (Mobile Home, House Trailer or Double-Wide Trailer) as a building or a Relocatable Building in conjunction with construction work shall be permitted unless prohibited by State or Federal Law.

(1)

Any Accessory Building (garage, shed, carport) or structure (deck, porch, patio) existing prior to January 1, 2023, to a Manufactured Home that does not conform to Article 26-1, Section A, Paragraph 11 of Appendix B (Zoning Ordinance) and has not been granted a Variance by the Zoning Board of Appeals is considered Nonconforming and may not be extended or enlarged and is subject to Article 28-1, Section D of Appendix B (Zoning Ordinance).

H.

The placement and/or use of any Intermodal Shipping Container (hereinafter referred to as container) as a primary or principal structure, an accessory building, storage building, living unit, other building, or other similar purpose is prohibited within the zoning jurisdiction of the City of Effingham, except as provided for below:

(1)

A container or group of containers are permitted as an accessory building in the NU, B-2, B-4, B-5, POM, PUD-C, M-1 and M-2 Districts provided the following conditions are met:

(a)

may only be used as an accessory storage facility in relation to an allowable or permitted use. Occupied work or storage areas are not allowed.

(b)

shall be placed on concrete, asphalt or a level, compacted dust free aggregate surface.

(c)

shall be painted so as to blend in with the building to which it is an accessory; no signage or advertising shall be on the container.

(d)

shall be placed on the property so as to minimize the visibility of the container(s) to a road and residential districts; a screening and landscaping buffer with a height greater or equal to the container shall be required adjacent to residential districts.

(e)

may not be placed in a front yard.

(f)

may not be stacked.

(g)

shall comply with all setback requirements.

(h)

shall comply with all applicable laws, regulations, and codes.

(i)

shall be placed only after a Building Permit has been issued.

(j)

shall not be placed within off-street parking, loading, or landscaping areas nor impede access to public right-of-ways, public utility or drainage easements, adjacent structures, or any building.

(2)

A container or group of containers are permitted as a non-occupied primary use/building on property with a Special Use Permit (20) Mini warehouse in the B-2 and M-1 District provided the following conditions are met:

(a)

shall be placed on concrete, asphalt or a level, compacted dust free aggregate surface.

(b)

shall be painted a uniform color; no signage or advertising shall on the container.

(c)

a screening and landscaping buffer with a height greater or equal to the container shall be required adjacent to residential districts.

(d)

may not be stacked.

(e)

shall comply with all setback requirements.

(f)

shall comply with all applicable laws, regulations, and codes.

(g)

shall be placed only after a Building Permit has been issued.

(h)

shall not be placed within public utility or drainage easements.

(3)

A container or group of containers are permitted as a non-occupied temporary or seasonal use on any property provided the following conditions are met:

(a)

temporary use and located on private property for moving items in or out of a building not to exceed 14 days.

(b)

temporary storage on private property during active and actual construction that is subject to and authorized by a City building permit.

(c)

temporary storage within project limits during an authorized/approved public infrastructure project.

(d)

seasonal use not to exceed 60 days and not more than twice per calendar year to store merchandise, goods and materials in a B-4, B-5 or PUD-C District.

(e)

seasonal use shall be placed on concrete, asphalt or a level, compacted dust free aggregate surface.

(f)

seasonal use shall be placed on the property so as to minimize the visibility of the container(s) to a road and residential districts; a screening and landscaping buffer with a height greater or equal to the container shall be required adjacent to residential districts.

(g)

may not be stacked.

(h)

shall comply with all setback requirements.

(i)

shall comply with all applicable laws, regulations, and codes.

(j)

shall not be placed within off-street parking, loading, or landscaping areas nor impede access to public right-of-ways, public utility or drainage easements, adjacent structures, or any building.

(4)

Non-conforming Intermodal Shipping Container, Semitrailer or Box Truck Body.

(a)

An existing nonconforming Intermodal Shipping Container, Semitrailer or Box Truck Body which fails to comply with this Article 3 shall be brought into conformity or removed from the property prior to December 31, 2023. A notice to bring an Intermodal Shipping Container or Semitrailer into conformity or notice for removal shall be served on the owner, agent, or Person having the beneficial use of the Intermodal Shipping Container, Semitrailer or Box Truck Body and the premises.

(b)

Any Person who violates, disobeys, omits, neglects or refuses to comply with an order of the City of Effingham to bring into conformity or remove the nonconforming Intermodal Shipping Container, Semitrailer or Box Truck Body shall be in violation of this section. In addition to the penalties provided for in Article 34 of this Appendix B, an injunction requiring compliance with this Code ordering the alteration or removal of the nonconforming Intermodal Shipping Container, Semitrailer or Box Truck Body may be obtained.

I.

No structure or land shall be occupied or used without first obtaining a certificate of occupancy from the building official of the city as specified in Article 30.

J.

A Relocatable Building or group of Relocatable Buildings may be used as school classrooms for a period of one year and shall conform to the site plan, setback, height and area requirements as provided for in this Appendix B (Zoning Ordinance) to the Effingham Municipal Code. If the period of use is more than one year, a Variance shall be petitioned for and if approved by the Zoning Board of Appeals, shall only be for one additional year. Under no circumstances shall the use of Relocatable Buildings as school classrooms exceed two years from the issuance of a Certificate of Occupancy by the Illinois State Board of Education/Regional Office of Education for public schools or the issuance of a Certificate of Occupancy by the City of Effingham for private schools. For the purposes of the Article, a private school is any school other than a public school.

(1)

For public schools utilizing Relocatable Buildings for school classrooms, the School District shall provide such documents showing compliance with the Health/Safety Code for Public Schools including Annual Inspections if used for more than one year.

(a)

Form 36-10 Application for Building Permit and Building Permit

(b)

Form 36-11 Plan Review Statement - if applicable

(c)

Form 36-35 Confirmation of Plan Review Records - if applicable

(d)

Form 36-15 Application for Occupancy Permit and Occupancy Permit

(e)

Form 36-26 Temporary Facility Report Part 1

(f)

Form 36-26 Temporary Facility Report Part 2

(2)

For private schools utilizing Relocatable Buildings for school classrooms, the Relocatable Buildings shall conform to all applicable site plan, building, fire, life safety, electrical, plumbing and other applicable codes adopted by the City of Effingham while in use and shall be subject to an Annual Inspection by City Code Officials if in use for more than one year.

(Ord. No. 099-2023, § IV, 12-19-2023; Ord. No. 063-2022, § III, 8-16-2022; Ord. No. 035-2025, § III, 4-15-2025)