Jo Daviess County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 3
DISTRICT REGULATIONS
8-3-1: PREAMBLE:
The various zoning districts and their boundaries on the zoning district map are related to implementing the preservation and improvement of areas characterized by existing buildings and structures and uses conforming with the district regulations of the district in which they are located, and to the expansion of the various districts in order to ensure managed development, directed to areas best able to support it in order to provide for the public health, safety and general welfare of the citizens of Jo Daviess County, and to ensure that county revenues can be used efficiently. It is essential that areas for the various land use categories be designated in the proper location and proportion to encourage and accommodate careful and planned use of the land to allow for growth and development while preserving natural resources, scenic beauty and the rural character of the county. These regulations are consistent with the Jo Daviess County comprehensive plan adopted September 14, 1999. (Ord. 2009-3, 5-12-2009)
8-3-2: DISTRICTS ESTABLISHED:
In order to accomplish the purposes and intent of this title and the objectives set forth in the preamble of this chapter, the unincorporated portions of Jo Daviess County, Illinois, are hereby organized in the following districts:
AG | Agricultural district |
R-1 | Single-family residential district |
R-2 | Two-family residential district |
C | Commercial district |
M | General manufacturing district |
I | Industrial district |
PD | Planned development district |
RP | Planned residential district |
CON | Conservation district |
(Ord. 2009-3, 5-12-2009)
8-3-3: ZONING MAPS:
The boundaries of the districts listed above are as shown on the zoning map for Jo Daviess County, Illinois. A copy of this map may be found on file in the office of the zoning administrator of Jo Daviess County. (Ord. 2009-3, 5-12-2009)
8-3-4: BOUNDARIES:
District boundaries shall be either the centerlines of railroads, highways, streets, alleys or easements, and waterways, or the boundary lines of sections, quarter sections, divisions of sections, tracts or lots (or such extended), unless otherwise indicated. (Ord. 2009-3, 5-12-2009)
8-3-5: ZONING OF PUBLIC WAYS, WATERWAYS AND RAILROAD RIGHTS OF WAY:
All streets, alleys, public ways, waterways, and railroad rights of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways, waterways and railroad rights of way. Where the centerline of a street, alley, public way, waterway or railroad right of way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that as the abutting property up to such centerline. (Ord. 2009-3, 5-12-2009)
8-3A-1: INTENT:
It is recognized that the public health and welfare of the citizens of Jo Daviess County are greatly dependent upon the sustenance and economic benefits provided by a diverse and viable agricultural industry. Agricultural land is under development pressure from expanding unincorporated areas and rural residential demand. This development pressure takes the form of random development, brings conflicting land uses into juxtaposition, creates high costs for public services, stimulates land speculation and threatens the rural characteristics of the county which are important to not only agriculture but also to the tourism sector of the economy.
The Jo Daviess County comprehensive plan indicates that productive agricultural land constitutes a unique and irreplaceable resource. It is the purpose of the agricultural district to provide a means by which agricultural land may be protected and enhanced as an economic and environmental resource of major importance to the county. Therefore, the agricultural district is intended to accomplish the following objectives:
A. Preserve agriculturally productive farmland for agriculture, unless there are substantial reasons for not doing so.
B. Protect agriculturally productive farmland from incompatible nonagricultural uses.
C. Foster efficient land use patterns which can be effectively served by public services.
D. Provide suitable locations for nonagricultural residential living that will not conflict with productive agriculture. (Ord. 2009-3, 5-12-2009)
8-3A-2: PERMITTED USES:
A. Agricultural uses, and the uses set forth in section 8-5A-6, "Table", of this title.
B. Agricultural residences and nonagricultural residences on lots: 1) lawfully recorded prior to March 1, 1995, or 2) lawfully recorded after March 1, 1995; provided:
1. Said residential use conforms with all septic and waste disposal requirements; and
2. Said residence conforms to the setback requirements set forth in section 8-3A-6 of this article; and
3. Said residential use was permitted by the provisions of the Jo Daviess County zoning ordinance then in effect as of the date of the recording of said lot.
C. Existing agricultural and nonagricultural residences on a lot created by the separation of the residence from a larger lot provided all of the following:
1. Existence Date Of Residence: Residence lawfully existed as of March 1, 1995.
2. Minimum Area: The parcel created shall not be less than two (2) acres in size.
3. Minimum Width: A minimum width of one hundred fifty feet (150') shall be maintained at the road right of way.
4. Compliance: All separation under this section shall comply with Illinois law including, but not limited to, the plat act 1 .
If for any reason an existing agricultural residence that has been separated from the agricultural lot is removed, damaged, destroyed, etc., it may be remodeled, reconstructed or replaced, so long as a building permit is applied for within twenty four (24) months of the demolition or removal of the structure.
D. Agricultural residences provided that the minimum zoning lot size shall be at least forty (40) acres.
E. Nonagricultural residences provided that the minimum zoning lot size shall be at least forty (40) acres, and are subject to section 8-5B-33 of this title. (Ord. 2009-3, 5-12-2009)
8-3A-3: SPECIAL USES:
Special uses are allowed upon approval of a special use permit issued in accordance with chapter 2, article D of this title. For a specific listing of special uses see chapter 5, "Use Table And Regulations", of this title. (Ord. 2009-3, 5-12-2009)
8-3A-4: INTENSITY OF USE REGULATIONS:
Except as modified by the provisions of chapter 5 of this title:
A. Nonagricultural residences approved as a special use: Two (2) acres minimum lot size.
B. Nonagricultural accessory area:
1. On lots less than five (5) acres: less than five thousand (5,000) square feet.
2. On lots five (5) acres to less than forty (40) acres: Five thousand (5,000) square feet for the first five acres and one thousand (1,000) square feet for each additional acre thereafter.
3. On lots over forty (40) acres: not to exceed fifty thousand (50,000) square feet.
C. All lots, excepting agricultural uses, shall conform to the lot configuration regulations set forth in section 8-5B-48 of this title.
D. Minimum lot width: One hundred fifty feet (150') at the road right of way. (Ord. 2009-3, 5-12-2009; amd. Ord. O2023-9, 6-13-2023)
8-3A-5: HEIGHT REGULATIONS:
A. Agricultural structures: No restriction.
B. Nonagricultural residences and structures; maximum structure height: Thirty five feet (35'). (Ord. 2009-3, 5-12-2009)
8-3A-6: SETBACK REQUIREMENTS:
A. Requirements: Except as specifically set forth in subsection C of this section, every structure, principal and accessory, hereafter erected or enlarged in this district shall provide and maintain a setback in accordance with the following:
1. Public Streets:
a. Major highways (federal or state): Seventy five feet (75') from the property line, or one hundred twenty five feet (125') from the centerline of the right of way, whichever is greater.
b. Primary or secondary thoroughfares (county highways): Sixty feet (60') from the property line, or one hundred ten feet (110') from the centerline of the right of way, whichever is greater.
c. All other streets: Fifty feet (50') from the property line, or eighty feet (80') from the centerline of the right of way, whichever is greater.
2. Minimum Side Yards: Not less than twenty feet (20') from an interior side lot line.
3. Minimum Rear Yards: Not less than forty feet (40') from a rear lot line.
4. Minimum Width: A minimum width of one hundred fifty feet (150') shall be maintained at the road right of way.
B. Exterior Setback Of Any Nonagricultural Residence From A Livestock Facility: In addition to those regulations set forth in subsection A of this section, the minimum setback from any occupied livestock facility (occupied with livestock at least 6 months out of the last 2 years) shall be as follows. Animal units shall be as set forth in the livestock management act 1 .
1. A minimum of one-fourth (1/4) mile from an occupied livestock facility with fifty (50) to one thousand (1,000) animal units.
2. For an occupied livestock facility with one thousand one (1,001) to seven thousand (7,000) animal units, the minimum setback shall be one-half (1/2) mile plus four hundred forty feet (440') for each additional one thousand (1,000) animal units in excess of one thousand (1,000).
3. A minimum of one mile from an occupied livestock facility with more than seven thousand (7,000) animal units.
4. The provisions of subsections B1, B2, and B3 of this section shall not apply to the owner/operator of the livestock facility.
C. Setback Exceptions: See section 8-4A-3 of this title. (Ord. 2009-3, 5-12-2009)
8-3A-7: CONVERSION OF AGRICULTURAL RESIDENCE TO NONAGRICULTURAL RESIDENCE:
If an agricultural residence has lawfully been established it may subsequently be a permitted use as a nonagricultural residence if the following conditions are met:
A. The zoning lot size and dimensions have not changed since the establishment of the agricultural residential use or a nonagricultural residence would otherwise be permitted under this title; and
B. The necessary permits were previously obtained when the agricultural residence was established or the necessary permits are obtained when the residence is converted to a nonagricultural residence. (Ord. 2009-3, 5-12-2009)
8-3A-8: SIGN REGULATIONS:
See chapter 4, article C of this title. (Ord. 2009-3, 5-12-2009)
8-3B-1: INTENT:
The R-1 single-family residential district is intended to provide low density single-family dwelling use and to allow certain public facilities. It is intended that no uses be permitted within the R-1 district that will tend to devalue property for residential purposes or interfere with the health, safety, or general welfare of persons residing in the district. The provisions of the R-1 district are also intended to control density of population and provide adequate open space around buildings and structures in the district to accomplish these purposes. (Ord. 2009-3, 5-12-2009)
8-3B-2: PERMITTED USES:
Generally, single-family dwellings and amenities as listed in chapter 5 of this title. (Ord. 2009-3, 5-12-2009)
8-3B-3: SPECIAL USES:
For a specific listing of special uses, see chapter 5 of this title. Special uses are allowed upon approval of a special use permit issued in accordance with chapter 2, article D of this title. (Ord. 2009-3, 5-12-2009)
8-3B-4: INTENSITY OF USE REGULATIONS:
Except as modified by the provisions of chapter 5 of this title:
A. Minimum Lot Area:
1. Not less than one acre for each dwelling unit served by individual private sewage disposal system or individual water supply system, subject to approval by the Jo Daviess County health department.
2. Not less than twenty two thousand five hundred (22,500) square feet for each dwelling unit served by a public or community sanitary sewer and water system, subject to approval by the Jo Daviess County health department.
B. Minimum Lot Width At Street Right Of Way: One hundred feet (100').
C. Lot Configuration: All lots shall conform to the square footage/perimeter ratio standards set forth in section 8-5B-48 of this title.
D. Maximum Lot Coverage: Twenty percent (20%).
E. Accessory Buildings: Total area of accessory buildings, including attached garages, shall not exceed the following:
1. On lots one acre to one and forty nine hundredths (1.49) acres: One thousand nine hundred fifty (1,950) square feet;
2. On lots one and five-tenths (1.5) acres or more: Two thousand four hundred (2,400) square feet. (Ord. 2009-3, 5-12-2009)
8-3B-5: HEIGHT REGULATIONS:
A. Principal Structure: Not more than thirty five feet (35').
B. Accessory Structure: The sidewall of an accessory structure shall not exceed fourteen feet (14') in height. (Ord. 2009-3, 5-12-2009)
8-3B-6: SETBACK REQUIREMENTS:
A. Requirements: Except as set forth in subsection B of this section, every structure, principal and accessory, hereafter erected or enlarged in this district shall provide and maintain a setback in accordance with the following:
1. Public Streets:
a. Major highways (federal or state): Seventy five feet (75') from the property line, or one hundred twenty five feet (125') from the centerline of the right of way, whichever is greater.
b. Primary or secondary thoroughfares (county highways): Sixty feet (60') from the property line, or one hundred ten feet (110') from the centerline of the right of way, whichever is greater.
c. All other streets: Fifty (50) feet from the property line, or eighty feet (80') from the centerline of the right of way, whichever is greater.
2. Minimum Interior Side Yards: Not less than twenty feet (20') from an interior side lot line.
3. Minimum Rear Yards: Not less than forty feet (40') from a rear lot line.
B. Exterior Setback From A Livestock Facility: In addition to those regulations set forth in subsection A of this section, the minimum setback from any occupied livestock facility (occupied with livestock at least 6 months out of the last 2 years) shall be as follows. Animal units shall be as set forth in the livestock management act 1 .
1. A minimum of one-fourth (1/4) mile from an occupied livestock facility with fifty (50) to one thousand (1,000) animal units.
2. For an occupied livestock facility with one thousand one (1,001) to seven thousand (7,000) animal units, the minimum setback shall be one-half (1/2) mile plus four hundred forty feet (440') for each additional one thousand (1,000) animal units in excess of one thousand (1,000).
3. A minimum of one mile from an occupied livestock facility with more than seven thousand (7,000) animal units. (Ord. 2009-3, 5-12-2009)
8-3B-7: LIGHTING REGULATIONS:
See chapter 4, article E of this title. (Ord. 2009-3, 5-12-2009)
8-3B-8: OFF STREET PARKING AND LOADING REGULATIONS:
See chapter 4, article D of this title. (Ord. 2009-3, 5-12-2009)
8-3B-9: SIGN REGULATIONS:
See chapter 4, article C of this title. (Ord. 2009-3, 5-12-2009)
8-3C-1: INTENT:
The intent of the R-2 two-family residential district is to provide for moderate density residential development, including higher density single-family and two-family dwellings, in a manner which will encourage a strong residential neighborhood within a contiguous growth area of a municipality. (Ord. 2009-3, 5-12-2009)
8-3C-2: PERMITTED USES:
Generally, two-family dwellings, single-family dwellings and amenities as listed in chapter 5 of this title. (Ord. 2009-3, 5-12-2009)
8-3C-3: SPECIAL USES:
For a specific listing of special uses, see chapter 5 of this title. Special uses are allowed upon approval of a special use permit issued in accordance with chapter 2, article D of this title. (Ord. 2009-3, 5-12-2009)
8-3C-4: INTENSITY OF USE REGULATIONS:
Except as modified by the provisions of chapter 5 of this title:
A. Minimum Lot Area:
1. Not less than twenty two thousand five hundred (22,500) square feet for each dwelling unit served by individual private sewage disposal system, subject to approval by the Jo Daviess County health department.
2. Not less than twelve thousand (12,000) square feet for each dwelling unit served by a public or community sanitary sewer and water system, subject to approval by the Jo Daviess County health department.
3. Not less than nine thousand six hundred (9,600) square feet for each dwelling unit served by both water and sewer service provided by public or community systems and where all lots are served by a fire hydrant system approved by the fire department having jurisdiction.
B. Minimum Lot Width At Street Right Of Way:
1. One hundred feet (100') for lots more than twelve thousand (12,000) square feet.
2. Eighty feet (80') for lots less than twelve thousand (12,000) square feet.
3. On lots off of a cul-de-sac the minimum lot frontage shall be eighty feet (80') at the road right of way.
C. Lot Configuration: All lots shall conform to the square footage/perimeter ratio standards set forth in section 8-5B-48 of this title.
D. Maximum Lot Coverage: Thirty percent (30%).
E. Accessory Buildings: Total area of accessory buildings, including attached garages, shall not exceed the following:
1. On lots 0.22 acre to 0.74 acre: One thousand five hundred (1,500) square feet;
2. On lots 0.75 acre to 0.99 acre: One thousand seven hundred twenty five (1,725) square feet;
3. On lots 1.00 acre to 1.49 acres: One thousand nine hundred fifty (1,950) square feet;
4. On lots 1.5 acres or more: Two thousand four hundred (2,400) square feet. (Ord. 2009-3, 5-12-2009)
8-3C-5: HEIGHT REGULATIONS:
A. Principal Structure: Not more than thirty five feet (35').
B. Accessory Structures: The sidewall of an accessory structure shall not exceed fourteen feet (14') in height. (Ord. 2009-3, 5-12-2009)
8-3C-6: SETBACK REQUIREMENTS:
A. Requirements: Except as set forth in subsection B of this section, every structure, principal and accessory, hereafter erected or enlarged in this district shall provide and maintain a setback in accordance with the following:
1. Public Streets:
a. Major highways (federal or state): Seventy five feet (75') from the property line, or one hundred twenty five feet (125') from the centerline of the right of way, whichever is greater.
b. Primary or secondary thoroughfares (county highways): Sixty feet (60') from the property line, or one hundred ten feet (110') from the centerline of the right of way, whichever is greater.
c. All other streets: Fifty feet (50') from the property line, or eighty feet (80') from the centerline of the right of way, whichever is greater.
2. Minimum Interior Side Yards: Not less than fifteen feet (15') from an interior side lot line.
3. Minimum Rear Yards: Not less than thirty five feet (35') from a rear lot line.
B. Exterior Setback From A Livestock Facility: In addition to those regulations set forth in subsection A of this section, the minimum setback from any occupied livestock facility (occupied with livestock at least 6 months out of the last 2 years) shall be as follows. Animal units shall be as set forth in the livestock management act 1 .
1. A minimum of one-fourth (1/4) mile from an occupied livestock facility with fifty (50) to one thousand (1,000) animal units.
2. For an occupied livestock facility with one thousand one (1,001) to seven thousand (7,000) animal units, the minimum setback shall be one-half (1/2) mile plus four hundred forty feet (440') for each additional one thousand (1,000) animal units in excess of one thousand (1,000).
3. A minimum of one mile from an occupied livestock facility with more than seven thousand (7,000) animal units. (Ord. 2009-3, 5-12-2009)
8-3C-7: LIGHTING REGULATIONS:
See chapter 4, article E of this title. (Ord. 2009-3, 5-12-2009)
8-3C-8: OFF STREET PARKING AND LOADING REGULATIONS:
See chapter 4, article D of this title. (Ord. 2009-3, 5-12-2009)
8-3C-9: SIGN REGULATIONS:
See chapter 4, article C of this title. (Ord. 2009-3, 5-12-2009)
8-3D-1: INTENT:
The commercial district is intended to prevent random, unplanned, or unsightly development along the county's public streets by promoting commercial and office development in integrated planned developments. The commercial district is intended to provide for the specialized types of services and businesses that support the surrounding area or the county as a whole. The commercial district is intended to be located in the contiguous growth areas surrounding communities. The location and the design of the commercial district must provide convenient and safe access to roadways. (Ord. 2009-3, 5-12-2009)
8-3D-2: PERMITTED USES:
For a general listing of permitted uses see chapter 5 of this title. The permitted uses will be determined based on compatibility with other uses permitted in the commercial district and with uses listed in chapter 5 of this title. (Ord. 2009-3, 5-12-2009)
8-3D-3: SPECIAL USES:
For a specific listing of special uses, see chapter 5 of this title. Special uses are allowed upon approval of a special use permit issued in accordance with chapter 2, article D of this title. (Ord. 2009-3, 5-12-2009)
8-3D-4: INTENSITY OF USE REGULATIONS:
Except as modified by the provisions of chapter 5 of this title:
A. Minimum Lot Area: The minimum lot area shall be not less than one acre and in accordance with the following:
1. Bulk requirements of the district;
2. Off street parking requirements of the district;
3. Driveway standards as specified in chapter 4 of this title;
4. Sanitary sewer requirements of the Jo Daviess County health department; and
5. Any provisions specifically required for a special use.
B. Minimum Lot Width: One hundred fifty feet (150') at the street right of way.
C. Floor Area Ratio (FAR): Not to exceed thirty five hundredths (0.35). (Ord. 2009-3, 5-12-2009)
8-3D-5: HEIGHT REGULATIONS:
A. Not more than thirty five feet (35'). (Ord. 2009-3, 5-12-2009)
8-3D-6: SETBACK REQUIREMENTS:
A. Requirements: Except as set forth in subsection B of this section, every structure hereafter erected or enlarged in this district shall provide and maintain a setback in accordance with the following:
1. Setback From Public Streets:
a. Major highways (federal or state): Seventy five feet (75') from the property line, or one hundred twenty five feet (125') from the centerline of the right of way, whichever is greater.
b. Primary or secondary thoroughfares (county highways): Sixty feet (60') from the property line, or one hundred ten feet (110') from the centerline of the right of way, whichever is greater.
c. All other streets: Fifty feet (50') from the property line, or eighty feet (80') from the centerline of the right of way, whichever is greater.
2. Minimum Interior Side Yards: Not less than ten feet (10') from an interior side lot line.
3. Minimum Rear Yards: Not less than twenty feet (20') from a rear lot line.
B. Exterior Setback From A Livestock Facility: In addition to those regulations set forth in subsection A of this section, the minimum setback from any occupied livestock facility (occupied with livestock at least 6 months out of the last 2 years) shall be as follows. Animal units shall be as set forth in the livestock management act 1 .
1. A minimum of one-fourth (1/4) mile from an occupied livestock facility with fifty (50) to one thousand (1,000) animal units.
2. For an occupied livestock facility with one thousand one (1,001) to seven thousand (7,000) animal units, the minimum setback shall be one-half (1/2) mile plus four hundred forty feet (440') for each additional one thousand (1,000) animal units in excess of one thousand (1,000).
3. A minimum of one mile from an occupied livestock facility with more than seven thousand (7,000) animal units. (Ord. 2009-3, 5-12-2009)
8-3D-7: USE LIMITATIONS:
A. Transition Belts: A transition belt not less than twenty feet (20') in width shall be provided along any interior rear or interior side lot line when such lot line is adjacent to a lot zoned for any use other than commercial, manufacturing or industrial.
B. Transition Screens: A transition screen shall be established in each required transition belt. Such transition screen shall meet the landscape specification contained in section 8-4A-9 of this title.
C. Business Operations: All business, storage, servicing, or processing shall be conducted within a fully enclosed building, except as follows:
1. Businesses of the "drive-in" type offering goods or services directly to customers waiting in parked motor vehicles.
2. Outdoor storage which does not occupy more than twenty percent (20%) of the gross lot area as an accessory use to the principal use provided such outdoor storage area has been specifically approved through a site plan review by the zoning administrator.
3. The parking of trucks as an accessory use, when used in the conduct of a permitted use shall be limited to vehicles of not over one and one-half (11/2) tons' capacity when located within one hundred fifty feet (150') of an R-1 or R-2 district boundary line.
D. Lighting Fixtures: Exterior lighting fixtures shall be in accordance with lighting regulations chapter 4, article E of this title.
E. Fencing: A solid or semisolid fence, hedge or wall at least six feet (6'), but not more than eight feet (8') high, with no more than thirty percent (30%) open space per square foot shall be provided adjacent to an adjoining residential district unless the adjacent residential district and the commercial development are separated by a street or alley right of way. Said fence or wall shall be maintained in good condition by the owner(s) of the property in the C district. (Ord. 2009-3, 5-12-2009)
8-3D-8: LIGHTING REGULATIONS:
See chapter 4, article E of this title. (Ord. 2009-3, 5-12-2009)
8-3D-9: OFF STREET PARKING AND LOADING REGULATIONS:
See chapter 4, article D of this title. (Ord. 2009-3, 5-12-2009)
8-3D-10: SIGN REGULATIONS:
See chapter 4, article C of this title. (Ord. 2009-3, 5-12-2009)
8-3E-1: INTENT:
The intent of the M general manufacturing district is to permit a mix of light industrial uses that are not obnoxious due to appearance, noise, emissions, or odor, as well as office and limited retail commercial uses in planned industrial park settings. Uses within this district shall not require intensive land coverage and shall be compatibly developed with adjacent districts through site plan review. (Ord. 2009-3, 5-12-2009)
8-3E-2: PERMITTED USES:
Generally, light manufacturing, wholesaling, trucking and warehousing uses, as well as office uses are permitted. In addition, limited retail and service uses are permitted. For a general listing of permitted and special uses see chapter 5 of this title. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in chapter 5 of this title. (Ord. 2009-3, 5-12-2009)
8-3E-3: SPECIAL USES:
For a specific listing of special uses, see chapter 5 of this title. Special uses are allowed upon approval of a special use permit issued in accordance with chapter 2, article D of this title. (Ord. 2009-3, 5-12-2009)
8-3E-4: INTENSITY OF USE REGULATIONS:
Except as modified by the provisions of chapter 5 of this title:
A. Minimum Lot Area: The minimum lot area shall be not less than three (3) acres and in accordance with the following:
1. Bulk requirements of the district;
2. Off street parking requirements of the district;
3. Driveway standards as specified in chapter 4 of this title;
4. Sanitary sewer requirements of the Jo Daviess County health department; and
5. Any provisions specifically required for a special use.
B. Minimum Lot Width: One hundred fifty feet (150') at the street right of way.
C. Floor Area Ratio (FAR): Not to exceed eight-tenths (0.8). (Ord. 2009-3, 5-12-2009)
8-3E-5: HEIGHT REGULATIONS:
A. Not more than thirty five feet (35'). (Ord. 2009-3, 5-12-2009)
8-3E-6: SETBACK REQUIREMENTS:
A. Every structure hereafter erected or enlarged in this district shall provide and maintain a setback in accordance with the following:
1. Setback From Public Streets:
a. Major highways (federal or state): Seventy five feet (75') from the property line, or one hundred twenty five feet (125') from the centerline of the right of way, whichever is greater.
b. Primary or secondary thoroughfares (county highways): Sixty feet (60') from the property line, or one hundred ten feet (110') from the centerline of the right of way, whichever is greater.
c. All other streets: Fifty feet (50') from the property line, or eighty feet (80') from the centerline of the right of way, whichever is greater.
2. Minimum Interior Side Yards: Not less than twenty feet (20') from an interior side lot line.
3. Minimum Rear Yards: Not less than forty feet (40') from a rear lot line. (Ord. 2009-3, 5-12-2009)
8-3E-7: LIGHTING REGULATIONS:
See chapter 4, article E of this title. (Ord. 2009-3, 5-12-2009)
8-3E-8: OFF STREET PARKING AND LOADING REGULATIONS:
See chapter 4, article D of this title. (Ord. 2009-3, 5-12-2009)
8-3E-9: SIGN REGULATIONS:
See chapter 4, article C of this title. (Ord. 2009-3, 5-12-2009)
8-3E-10: USE LIMITATIONS:
A. Transition Belts: A transition belt not less than thirty feet (30') in width shall be provided along any interior rear or interior side lot line when such lot line is adjacent to a lot zoned for any use other than commercial, manufacturing or industrial.
B. Transition Screens: A transition screen shall be established in each required transition belt. Such transition screen shall meet the landscape specifications contained in section 8-4A-9 of this title.
C. Storage Of Materials: All storage of materials, products or equipment, except those related to or used for agricultural research, testing and/or analysis purposes shall be within a fully enclosed building.
D. Fencing: A solid or semisolid fence at least six feet (6'), but not more than eight feet (8') high and having a density of not less than seventy percent (70%) per square foot shall be provided adjacent to an adjoining residential district unless the adjacent residential district and the industrial district are separated by a street right of way. Said fence shall be maintained in good condition by the owner(s) of the property in the M district.
E. Residential Structure: No structure shall be used for residential purposes.
F. Business Operations: All operations shall be conducted within a fully enclosed building.
G. Industrial Wastes: Industrial wastes shall be of such a quantity and nature as to not overburden the private sewage disposal facilities so as to cause odor and unsanitary effects beyond the property line.
H. Private Street Network: A private street network shall be allowed where comprehensive control of a large industrial site is required for safety or security reasons and where no unsecured access to the site is afforded the public. (Ord. 2009-3, 5-12-2009)
8-3F-1: INTENT:
The I industrial district is intended for the purpose of allowing basic or primary industries which are generally not compatible with residential and/or commercial activity. (Ord. 2009-3, 5-12-2009)
8-3F-2: PERMITTED USES:
Generally, manufacturing, wholesaling, trucking and warehousing uses, with limited retail and service uses are permitted. For a general listing of permitted and conditionally permitted uses see chapter 5 of this title. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in chapter 5 of this title. (Ord. 2009-3, 5-12-2009)
8-3F-3: SPECIAL USES:
For a specific listing of special uses, see chapter 5 of this title. Special uses are allowed upon approval of a special use permit issued in accordance with chapter 2, article D of this title. (Ord. 2009-3, 5-12-2009)
8-3F-4: INTENSITY OF USE REGULATIONS:
A. Minimum Lot Area: The minimum lot area shall be not less than three (3) acres and in accordance with the following:
1. Bulk requirements of the district;
2. Off street parking requirements of the district;
3. Driveway standards as specified in chapter 4 of this title;
4. Sanitary sewer requirements of the Jo Daviess County health department; and
5. Any provisions specifically required for a special use.
B. Minimum Lot Width: One hundred fifty feet (150') at the street right of way.
C. Floor Area Ratio (FAR): Not to exceed eight-tenths (0.8). (Ord. 2009-3, 5-12-2009)
8-3F-5: HEIGHT REGULATIONS:
A. Not more than thirty five feet (35'). (Ord. 2009-3, 5-12-2009)
8-3F-6: SETBACK REQUIREMENTS:
A. Every structure hereafter erected or enlarged in this district shall provide and maintain a setback in accordance with the following:
1. Setback From Public Streets:
a. Major highways (federal or state): Seventy five feet (75') from the property line, or one hundred twenty five feet (125') from the centerline of the right of way, whichever is greater.
b. Primary or secondary thoroughfares (county highways): Sixty feet (60') from the property line, or one hundred ten feet (110') from the centerline of the right of way, whichever is greater.
c. All other streets: Fifty feet (50') from the property line, or eighty feet (80') from the centerline of the right of way, whichever is greater.
2. Minimum Interior Side Yards: Not less than twenty feet (20') from an interior side lot line.
3. Minimum Rear Yards: Not less than forty feet (40') from a rear lot line. (Ord. 2009-3, 5-12-2009)
8-3F-7: LIGHTING REGULATIONS:
See chapter 4, article E of this title. (Ord. 2009-3, 5-12-2009)
8-3F-8: OFF STREET PARKING AND LOADING REGULATIONS:
See chapter 4, article D of this title. (Ord. 2009-3, 5-12-2009)
8-3F-9: SIGN REGULATIONS:
See chapter 4, article C of this title. (Ord. 2009-3, 5-12-2009)
8-3F-10: USE LIMITATIONS:
A. Transition Belts: A transition belt not less than thirty feet (30') in width shall be provided along any interior rear or interior side lot line when such lot line is adjacent to a lot zoned for any use other than commercial, manufacturing or industrial.
B. Transition Screens: A transition screen shall be established in each required transition belt. Such transition screen shall meet the landscape specifications contained in section 8-4A-9 of this title.
C. Storage Of Materials: All storage of materials, products or equipment, except those related to or used for agricultural research, testing and/or analysis purposes shall be within a fully enclosed building.
D. Fencing: A solid or semisolid fence at least six feet (6'), but not more than eight feet (8'), high and having a density of not less than seventy percent (70%) per square foot shall be provided adjacent to an adjoining residential district unless the adjacent residential district and the industrial district are separated by a street right of way. Said fence shall be maintained in good condition by the owner(s) of the property in the I district.
E. Residential Structure: No structure shall be used for residential purposes.
F. Business Operations: All operations shall be conducted within a fully enclosed building.
G. Industrial Wastes: Industrial wastes shall be of such a quantity and nature as to not overburden the private sewage disposal facilities so as to cause odor and unsanitary effects beyond the property line.
H. Private Street Network: A private street network shall be allowed where comprehensive control of a large industrial site is required for safety or security reasons and where no unsecured access to the site is afforded the public.
I. Facilities Used For Agricultural Research, Testing And/Or Analysis: In agriculture related research facilities, the following use limitations shall apply:
1. Operations required to be conducted outside a fully enclosed building shall be conducted in controlled outdoor areas.
2. A private street network shall be allowed where comprehensive control of a large industrial site is required for safety or security reasons and where no unsecured access to the site is afforded the public.
3. Private roadways for certain agricultural related research and development activities may be improved with an all weather surface other than asphaltic concrete such as gravel or stone. They shall be designed to permit surface drainage without erosion of adjacent land. (Ord. 2009-3, 5-12-2009)
8-3G-1: PURPOSE AND INTENT:
The purpose of the planned development district is to provide a means of achieving greater flexibility in development of land in a manner not possible in conventional zones; to encourage a more imaginative and innovative design of projects; to promote a more desirable community environment; and to retain maximum control over both the structure and future operation of the development.
The county board, upon recommendation by the zoning board of appeals, may, by ordinance adopted in the same manner as zoning districts are created, authorize a planned development district when the proposed development or use of a specific tract of land or area warrants greater flexibility, control, and density than is afforded under the general regulations of standard zoning districts. However, it should be noted that these planned development regulations are not intended to allow excessive densities, or the development of incompatible land uses, either within the development, or as the development relates to the general neighborhood. The standards contained in the following provisions must be strictly adhered to by the applicant. The county board may, upon proper application, approve a planned development to facilitate the use of flexible techniques of land development and site design in order to obtain one or more of the following objectives:
A. Environmental design in the development of land that is of a higher quality than is possible under the regulations otherwise applicable to the property.
B. Diversification in the uses permitted and variation in the relationship of uses, structures, open space and height of structures in developments intended as cohesive, unified projects.
C. Functional and beneficial uses of open space areas.
D. Preservation of natural features of a development site.
E. Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.
F. Rational and economic development in relation to public services.
G. Efficient and effective traffic circulation, both within and adjacent to the development site. (Ord. 2009-3, 5-12-2009)
8-3G-2: RELATIONSHIP OF PLANNED DEVELOPMENT DISTRICTS TO ZONING MAP:
A. A Mapped District: The PD designation is not intended to be attached to existing use districts as an overlay. The PD designation as detailed in this article is a separate use district and may be attached to a parcel of land through the process of rezoning and zoning map amendment.
B. Plan Approval Required: It is the intent of this title that no development or redevelopment of the property encompassed by the PD designation take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this article.
C. Types Of Planned Developments: All areas of the county subject to the PD designation shall be assigned one of the following district classifications which shall be considered a separate use district and subject to the specific restrictions and limitations outlined in this article:
1. Planned Development - Residential (PD-R): Planned developments involving residential uses only.
2. Planned Development - Commercial (PD-C): Planned developments involving commercial uses only.
3. Planned Development - Industrial/Manufacturing (PD-I/M): Planned developments involving industrial uses only.
4. Mixed Use Developments (MXD): Planned developments involving a mixture of uses. (Ord. 2009-3, 5-12-2009)
8-3G-3: PROCEDURES FOR PLANNED DEVELOPMENT APPROVAL:
A. Preapplication Procedure: Prior to filing any application for planned development approval, the prospective applicant shall request a preapplication conference with the zoning administrator, plat officer, county highway engineer, and environmental health director. Such request shall include a brief and general narrative description of the nature, location and extent of the proposed planned development; concept plan showing general lot configuration, land use, road/street configuration, total acreage and acreage by land use; and a list of any professional consultants advising the prospective applicant with respect to the proposed planned development. Upon receipt of such request, the zoning administrator shall schedule such a conference.
B. Natural Resources Report: An application must also be made to the Jo Daviess County soil and water conservation district for a natural resources report for any land to be rezoned from an agricultural use to a nonagricultural use. This application shall be filed with the soil and water conservation district prior to making application to the zoning department. All data generated by the natural resources report will become part of the public record.
C. Professional Specialists: Professional talents of qualified land planners, registered landscape architects, Illinois registered professional engineers, Illinois professional land surveyors, and other specialists deemed necessary shall be utilized in different stages of the preparation necessary to effect a planned unit development to assure developments of the quality desired by the county, to be supplied by the applicant.
D. Development Plan: A development plan shall be submitted with any application for map amendment seeking creation of a planned development district. The development plan shall contain, at a minimum, the following information, in addition to any other information requested by the zoning administrator:
1. Site And Landscape Plan: One or a series of maps shall be submitted indicating:
a. An out boundary survey plat and legal description of the property;
b. Air photo showing site and surrounding area and demarcation of all taxing bodies;
c. The location, size and height of all existing and proposed structures on the site;
d. The location and general design (dimensions and materials) of all driveways, curb cuts and sidewalks including connections to building entrances;
e. The location, area and number of proposed parking spaces;
f. Nature of use, including special uses permitted;
g. Ingress and egress areas;
h. Existing and proposed grades at an interval of two feet (2') or less, extended beyond the project site to include adjacent properties and structures;
i. The location and general type of all existing trees over six inch (6") caliper and, in addition, an indication of those to be retained;
j. The proposed general use and development of internal spaces, including all recreational and open space areas, plazas and major landscaped areas by function, and the general location and description of all proposed outdoor furniture (seating, lighting, telephones, etc.);
k. Soils information. The zoning administrator may require a detailed soils map (200 foot grid minimum) prepared by a certified soils classifier, showing each soil type boundary location of each soil investigation pit, depth to seasonal high ground water, and limiting conditions of each soil type;
l. Drain tile information;
m. The landscape plan with the location and approximate size of all proposed plant material by type, such as hardwood, deciduous, evergreen, flowering trees and shrub masses, and types of ground cover (grass, ivies, etc.). Including any buffer area and plantings in parking areas should be included;
n. The location and details of all retaining walls, fences (including privacy fences, etc.), and earth berms;
o. The description and location of all refuse collection facilities including screening to be provided;
p. Provisions for both on and off site stormwater drainage and detention related to the proposed development;
q. The location and approximate size of all utilities (including water and sanitary facilities);
r. All easements and dedications;
s. Any signs, location and size;
t. The architectural characteristics and any proposed architectural standards of the proposed development; and
u. All other information which the zoning board of appeals may designate.
The scale of the drawing or drawings shall be one hundred feet to the inch (1" = 100'), or if the area of the planned development is more than two hundred (200) acres in area, two hundred feet to the inch (1" = 200'). The zoning administrator shall approve of the use of any other scale that may be more appropriate, either larger or smaller. All drawings shall likewise indicate a project name, the names of adjoining streets, the applicant's name, a scale, a north arrow, and the date drawn.
The applicant may be required to provide, at the applicant's expense, additional clarification and/or further detail of the site plan, as deemed necessary by the zoning administrator or zoning board of appeals.
2. Site And Building Sections: Schematic or illustrative sections shall be drawn to scale of fifty feet to the inch (1" = 50') or larger, indicating both edge conditions and internal grade changes in relation to principal variations of internal building levels and site line relations to adjacent structures.
3. Typical Elevations: Typical elevations of proposed buildings shall be provided at a reasonable scale.
4. Project Data:
a. Site area (square feet and acres);
b. Allocation of site area by building coverage, parking, loading and driveways, and open space areas including total open space, recreation area, landscaped areas and others;
c. Total dwelling units and floor area distributed by general type (1 bedroom, 2 bedroom, etc.); and total floor area ratio and residential density distribution;
d. Floor area in nonresidential use by category and total floor area ratio;
e. Calculations of parking spaces and area in relation to dwelling units and commercial floor area.
5. Project Report: A brief project report shall be provided to include an explanation of the character of the proposed development, verification of the applicant's ownership and contractual interest in the subject site, and anticipated development schedule. At the discretion of the zoning board of appeals, analyses by qualified technical personnel or consultants may be required as to the market and financial feasibility, traffic impact, environmental impact, stormwater and erosion control, etc., of the proposed development.
6. Phased Development: If the planned development is proposed to be constructed in stages or units during a period extending beyond a single construction season, a development schedule shall be submitted indicating:
a. The approximate date when construction of the project can be expected to begin;
b. The order in which the phases of the project will be built;
c. The minimum area and the approximate location of the common open space and public improvements that will be required at each stage;
d. If a planned development is developed in stages, or the public interest requires, the ordinance granting the planned development may require bond and/or other reasonable guarantees that all of the necessary improvements will be completed; and
e. Placement of all temporary structures utilized during construction, i.e., construction offices, siltation control devices, etc.
E. Review Procedure: The application, together with the proposed development plan, shall be considered at the first regularly scheduled public hearing held pursuant to chapter 2, article E of this title. No public hearing shall be held to consider any application which does not include all required elements of the development plan as set forth in subsection D of this section. (Ord. 2009-3, 5-12-2009)
8-3G-4: PERMITTED USES:
The listing of permitted uses within each PD district shall be as follows:
A. Planned Development - Residential: The following land uses and developments are permitted in this district:
1. Permitted land uses and developments shall be established in the conditions of the ordinance governing the particular planned development residential district; specific uses may include those uses designated as permitted, accessory, or special uses in any of the R residential districts.
2. The following uses may be designated as permitted uses and established as such in the ordinance governing the particular planned development residential district:
Attached single-family dwellings.
Duplexes.
Multiple-family dwellings.
Package sanitary treatment plants.
Recreational facilities and/or open space.
B. Planned Development - Commercial: The following land uses and developments are permitted in this district:
1. Permitted land uses and developments shall be established in the conditions of the ordinance governing the particular planned development commercial district; specific uses may only include those uses designated as permitted, accessory, or special uses in the C commercial district, or other uses of a commercial nature.
C. Planned Development - Industrial/Manufacturing: The following land uses and developments are permitted in this district:
1. Permitted land uses and developments shall be established in the conditions of the ordinance governing the particular M general manufacturing districts and those uses in the I industrial district which are specifically related to a particular activity or complex.
D. Mixed Use Developments: Permitted land uses and developments:
1. Permitted land uses and developments shall be established in the conditions of the ordinance governing the particular development mixed use district (MXD); specific uses may include uses designated as permitted, accessory or special uses in any of the R-1 and R-2 residential, C commercial, M general manufacturing or I industrial districts.
E. Amendment: Each planned development must contain an express statement of the proposed permitted use or uses of each portion and structure in the development plan. Any change in an approved planned development which seeks a modification or change in the permitted use or uses must be done by submission and approval of an amended development plan. (Ord. 2009-3, 5-12-2009)
8-3G-5: AREA REGULATIONS AND PERFORMANCE STANDARDS:
A. The approval of the development plan may provide for such variations from regulations and such additional requirements as may be necessary or desirable to achieve the objectives of the proposed planned development, provided such variations are consistent with the standards and criteria contained in this article; and further, that no modification of the above referenced regulations shall be allowed when such proposed modification would result in:
Inadequate or unsafe access to the planned development:
1. Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity;
2. An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development;
3. A development which will be incompatible with the purposes of this title;
4. Detrimental impact on surrounding area including, but not limited to, visual pollution.
The burden of proof that the criteria above are not being violated shall rest with the developer and not the zoning administrator or the zoning board of appeals.
B. The ordinance approving the development plan for the planned development shall establish regulations governing uses, densities, minimum lot area, bulk regulations, parking and signs, setbacks other than those regulated in chapter 4 of this title and exceptions to the subdivision design standards as may be necessary or desirable to achieve the objectives of the proposed planned development, provided such are consistent with the standards and criteria contained in this article. No minimum lot size is required within a planned development, and appropriate lot size shall be evaluated based upon the relationship to adjacent development, amount of common open space, proposed provision of sewage disposal, and other appropriate factors. Uses in planned developments may include residential (single-family detached, attached, and multi-family dwellings), business, manufacturing, public/institutional, recreational, conservation, open space or any combination of these uses, provided, however, that planned development - residential projects must consist of at least fifty five percent (55%) of the developed land area devoted to residential uses; planned development - commercial projects must consist of at least fifty five percent (55%) of the developed land area devoted to commercial uses; and planned development - industrial projects must consist of at least fifty five percent (55%) of the developed land area devoted to manufacturing uses. Mixed use development projects may consist of any mixture of uses. (Ord. 2009-3, 5-12-2009)
8-3G-6: CONDITIONS OF APPROVAL:
Upon the passage of said ordinance granting planned development district classification, final platting, subdividing or further rezoning shall not be necessary within the planned unit to complete the development of the unit in accordance with the approved development plan.
Prior to any conveyance of any part of the planned unit less than the whole, the owner shall subdivide the area in compliance with the provisions of the Illinois plat act, and shall further comply with the provisions of the subdivision regulations of Jo Daviess County.
In the event that any conveyance or transfer is made by whatever nature or manner which involves less than the entire planned unit in violation of the provisions herein contained, no further building permits shall be issued and all use and occupancy permits issued during the period the property was classified a planned development district shall terminate until such time as the violation shall be corrected. (Ord. 2009-3, 5-12-2009)
8-3G-7: PERIOD OF VALIDITY:
The period of validity of approval of a development plan is as follows:
A. Construction Permit, Commencement: No approval of a development plan shall be valid for a period longer than twelve (12) months from the date of approval unless within such period a construction permit is obtained and construction is commenced.
B. Extensions; Exceptions: The county board may grant extensions, not exceeding one year each, upon written request of the original applicant if the application submitted is substantially the same as the initially approved application. However, the county board has the power in such cases to attach new conditions to approval. At such time as the period of validity of an approved development plan lapses, the development plan and all uses, terms, and conditions thereof shall be considered null and void. No further development of the site shall be permitted except by application in accordance with the procedural requirements of this article, whereby it shall be considered an entirely new application.
C. Amendments To Approved Development Plan:
1. Permitted Minor Amendments: Minor changes in the location, siting and height of buildings and structures, or minor lot line and roadway adjustments, depicted on the approved development plan may be authorized by the zoning administrator without additional public hearing if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this subsection may cause any of the following:
a. A change in the use or character of the development;
b. An increase by more than five percent (5%) in the lot coverage of structures;
c. An increase in the density or intensity of use;
d. A reduction of more than one percent (1%) in approved open space area;
e. A reduction in the number of off street parking and loading spaces.
2. Major Amendments: Changes to the development plan that exceed the limitations in subsection C1 of this section shall result in the entire planned development, or phase of the development in which the changes are proposed, to be resubmitted as a new planned development. (Ord. 2009-3, 5-12-2009)
8-3H-1: INTENT:
A. The purpose of the RP (residential planned) district is to provide standards for planned, platted residential subdivision (primarily those with public sewer and water) that:
1. Encourage a variety of housing types.
2. Provide the means whereby land may be planned and developed as a unit for residential uses under standards and conditions which encourage good design and promote a stable, desirable living environment.
3. Permit flexibility and variety in development.
4. Encourage the preservation of natural features and open space.
5. Minimize the present and future burdens upon the community as a whole which result from poor planning.
6. Are compatible in design with the character of the surrounding area. (Ord. 2009-3, 5-12-2009)
8-3H-2: GENERAL REQUIREMENTS:
A. Development within the RP district shall:
1. Be consistent with the purpose and intent of this title and the 1989 land use plan, as amended.
2. Be laid out and developed as a unit in accordance with an integrated overall design, as approved and authorized by the county board.
3. Provide existing and proposed utility services adequate for the population densities proposed.
5. Be allowed to exceed the height limitation of this district, provided no building shall exceed the allowable height by more than ten percent (10%).
B. The number of dwelling units erected shall not exceed the number permitted by the regulations of this district, unless an exception is permitted by the county board based upon evidence that:
1. Such exception shall be solely for the purpose of encouraging a desirable living environment no less beneficial to the residents or occupants of such development, as well as neighboring properties, than would be obtained under the bulk regulations of this title.
2. Maximum parcel coverage by buildings and pavement in a residential planned development would not exceed thirty percent (30%) in the residential portion of the planned development. (Ord. 2009-3, 5-12-2009)
8-3H-3: PERMITTED USES:
For a general listing of permitted uses see chapter 5 of this title. The permitted uses will be determined based on compatibility with other uses permitted in the RP planned development district and with uses listed in chapter 5 of this title. (Ord. 2009-3, 5-12-2009)
8-3H-4: SPECIAL USES:
For a specific listing of special uses, see chapter 5 of this title. Special uses are allowed upon approval of a special use permit issued in accordance with chapter 2, article D of this title. (Ord. 2009-3, 5-12-2009)
8-3H-5: COMMERCIAL USES:
A. Neighborhood commercial centers, designed principally for the convenience of the residents of the neighborhood in which they are located, shall be permitted as a special use on lots not less than three (3) acres in area, and shall be allowed on premises signs as regulated by chapter 4, article C of this title. (Ord. 2009-3, 5-12-2009)
8-3H-6: INTENSITY OF USE REGULATIONS:
A. Single-Family Housing:
Description
| Minimum Lot Area (Square Feet)
|
Single-family detached | 12,000 |
Single-family cluster | 9,000 |
B. Multiple-Family Housing:
Description
| Minimum Lot Area (Square Feet Per Unit)
|
Two-family | 4,500 |
Multiplex | 3,500 |
Townhomes | 4,500 |
Low rise apartments | 2,700 |
C. Commercial: Three (3) acres.
D. Other Uses: Lot sizes for uses other than those residential and commercial noted above shall be as approved by the county board, after recommendation by the planning commission. (Ord. 2009-3, 5-12-2009)
8-3H-7: SETBACK REQUIREMENTS:
A. Residential: The following setback and separation requirements shall apply to residential structures in this district:
1. Public Streets:
a. Major highways (federal or state): Seventy five feet (75') from the property line, or one hundred twenty five feet (125') from the centerline of the right of way, whichever is greater.
b. Primary or secondary thoroughfares (county highways): Sixty feet (60') from the property line, or one hundred ten feet (110') from the centerline of the right of way, whichever is greater.
c. All other streets: Fifty feet (50') from the property line, or eighty feet (80') from the centerline of the right of way, whichever is greater.
2. Single- And Two-Family Dwellings:
a. Front Yard And Corner Side Yards: Dwellings shall be set back at least thirty feet (30') from the rights of way of interior residential streets constructed as a part of a planned development.
b. Interior Side Yard: Not less than ten feet (10') from an interior side lot line.
c. Rear Yard: Not less than thirty feet (30') from a rear lot line. (Ord. 2009-3, 5-12-2009)
d. Lesser Setbacks: If, in existing subdivisions established prior to the implementation of this title, lesser setback lines have been observed by fifty percent (50%) of the structures in a block; then new structures in that block may be built to said lesser setback lines. In no case, however, shall the front yard be less than fifteen feet (15') or any interior or rear yard be less than five feet (5'). Furthermore, no lesser setback shall be allowed which interferes with safe traffic flow and unobstructed corner views in the subdivision. (Ord. 2012-3, 2-14-2012)
3. Cluster Single-Family:
a. Front And Corner Side Yards: Dwellings shall be set back at least thirty feet (30') from the rights of way of interior residential streets constructed as part of a planned development.
b. Interior Side Yard: Not less than ten feet (10') from an interior side lot line.
c. Rear Yard: Not less than thirty feet (30') from a rear lot line.
4. Low Rise Apartments:
a. Distance From Parking And Access Drives: Not less than twenty five feet (25').
b. Distance Between Buildings:
Front to front | 100 feet |
Front to side | 40 feet |
Side to side | 40 feet |
Rear to rear | 60 feet |
Rear to side | 50 feet |
Corner to corner | 40 feet |
c. Distance From Lot Line: Structures shall maintain a minimum distance of forty feet (40') from any lot line, unless otherwise regulated by subsection A1 of this section which governs building setbacks along public streets.
5. Commercial: Unless otherwise granted under the terms of the special use permit, the following setbacks and separation requirements shall apply to commercial buildings in this district:
a. Public Streets: See subsection A1 of this section.
b. Parking, Loading And Access Drives: All access drives and off street parking and loading areas shall maintain a thirty foot (30') setback from the right of way of any public or private street.
c. Distance From Residential/Institutional Uses: Structures shall maintain a minimum distance of one hundred feet (100') from any residential or institutional structure.
d. Distance From Lot Line: Structures shall maintain a minimum distance of forty feet (40') from any lot line, unless otherwise regulated by subsection A1 of this section which governs building setbacks along public streets.
6. Accessory Uses:
a. Public Streets: See subsection A1 of this section.
b. All Other Lot Lines: Structures accessory to a principal building or use shall maintain a setback not less than ten feet (10') from interior rear or side lot lines.
7. Exterior Setback From A Livestock Facility: In addition to those regulations set forth in subsection A of this section, the minimum setback from any occupied livestock facility (occupied with livestock at least 6 months out of the last 2 years) shall be as follows. Animal units shall be as set forth in the livestock management act 1 .
a. A minimum of one-fourth (1/4) mile from an occupied livestock facility with fifty (50) to one thousand (1,000) animal units.
b. For an occupied livestock facility with one thousand one (1,001) to seven thousand (7,000) animal units, the minimum setback shall be one-half (1/2) mile plus four hundred forty feet (440') for each additional one thousand (1,000) animal units in excess of one thousand (1,000).
c. A minimum of one mile from an occupied livestock facility with more than seven thousand (7,000) animal units.
8. Other: Building setbacks and separation requirements for all other uses shall be subject to review and approval by the planning commission and the county board and specified in the special use permit. (Ord. 2009-3, 5-12-2009)
8-3H-8: BULK REGULATION:
A. Lot Coverage:
1. Residential:
a. Not more than thirty percent (30%) of the area of a zoning lot on which detached single-family or two-family attached dwellings are located may be occupied by buildings, including accessory structures.
b. Not more than thirty percent (30%) of the area of a zoning lot on which multiple-family dwellings (multiplex units, townhomes or low rise apartments) may be occupied by buildings, including accessory structures.
2. Commercial: Not more than seventy percent (70%) of the area of a zoning lot on which neighborhood commercial is developed may be occupied by buildings, pavements and accessory structures.
B. Structure Height: Unless otherwise granted under the terms of a special use permit, all structures shall not exceed thirty five feet (35') in height. (Ord. 2009-3, 5-12-2009)
8-3H-9: RECREATION; OPEN SPACE:
A. Required Land Area: Residential development in the RP district shall include open space and recreation areas for the enjoyment of all residents of the planned development in accordance with the following:
1. Single-Family Residential:
a. With Public Sewer And Water: At least twenty percent (20%) of the total land area in any single-family residential planned development provided with public sewer and water shall be reserved as usable, accessible open space as defined in subsection B of this section.
b. Without Public Sewer And Water: No open space shall be required for residential planned developments consisting of single-family dwellings on lots of one acre or more in size that are constructed without public sewer and water.
2. Multiple-Family Residential:
a. With Public Sewer And Water: At least twenty percent (20%) of the land area of any residential planned development provided with public sewer and water which consists of two-family dwellings, multiplexes, townhomes or apartments shall be reserved as usable, accessible open space as defined in subsection B of this section.
b. Without Public Sewer And Water: No open space shall be required for residential planned developments constructed without public sewer and water which consist of two-family dwellings, multiplexes, townhomes or apartments having not more than twenty (20) dwelling units. However, when a planned development consisting of two-family dwellings, multiplexes, townhomes or apartments is constructed with twenty one (21) or more dwelling units, fifteen percent (15%) of the total land area shall be reserved as usable, accessible open space as defined in subsection B of this section.
B. Definition Of Open Space/Recreation Areas:
1. For the purpose of this title, "open space/recreation areas" developed within the RP district shall be defined as land specifically designed and intended for the active or passive recreational use of the residents of the district.
2. Open space/recreation areas shall include, but not be limited to, the following:
a. Public or private play lots and parks.
b. School sites.
c. Pedestrian corridors.
d. Bicycle and equestrian trails.
e. Greenbelt open space networks.
f. Stormwater detention or retention facilities, provided such areas are capable of being utilized for recreational purposes.
C. Ownership And Maintenance: All open space/recreational areas developed as part of a residential planned development shall be owned and maintained by an association. The county shall not be required to develop, own and maintain these areas. (Ord. 2009-3, 5-12-2009)
8-3H-10: REQUIRED LANDSCAPING:
A. Residential:
1. Street trees shall be installed along all residential streets in accordance with the county's subdivision regulations.
2. In addition to street trees, undulating landscaped berms may be required by the county board where rear yards abut arterials or county highways. Where required, berms shall range between three (3) and five feet (5') in height, and shall be planted with evergreen, deciduous, or flowering trees and shrubs to attenuate the effects of vehicular sight and sound of traffic along these roadways.
B. Commercial:
1. The first thirty feet (30') of a front, side or rear yard which abuts a street or access drive shall be landscaped with seed or sod within the first spring following completion of the project.
2. A five foot (5') high screen shall be provided along property lines which abut or are adjacent to residential or institutional properties. Said screen may consist of a fence, wall, or landscaping, subject to county board approval as part of the special use permit.
3. Foundation plantings shall be provided around the front and side elevations of the building.
C. Ownership And Maintenance: All landscaping developed as part of a planned development shall be owned and maintained by the owners of each zoning lot. The county shall not be required to develop, own and maintain any landscaping, including trees planted along residential streets. (Ord. 2009-3, 5-12-2009)
8-3H-11: SIGN REGULATIONS:
See chapter 4, article C of this title. (Ord. 2009-3, 5-12-2009)
8-3H-12: OFF STREET PARKING AND LOADING REGULATIONS:
See chapter 4, article D of this title. (Ord. 2009-3, 5-12-2009)
8-3H-13: LIGHTING REGULATIONS:
See chapter 4, article E of this title. (Ord. 2009-3, 5-12-2009)
8-3I-1: INTENT:
The purpose of this district is to prohibit buildings and uses from encroaching upon natural areas which are environmentally sensitive. Areas within this district provide for the storage and movement of floodwater, ground water recharge, water quality improvement, wildlife and aesthetic benefits. (Ord. 2009-3, 5-12-2009)
8-3I-2: PERMITTED USES:
For a general listing of permitted uses see chapter 5 of this title. The permitted uses will be determined based on compatibility with other uses permitted in the conservation district and with uses listed in chapter 5 of this title. (Ord. 2009-3, 5-12-2009)
8-3I-3: SPECIAL USES:
For a specific listing of special uses, see chapter 5 of this title. Special uses are allowed upon approval of a special use permit issued in accordance with chapter 2, article D of this title. (Ord. 2009-3, 5-12-2009)
8-3I-4: LOT SIZE REGULATIONS:
No minimum requirement. (Ord. 2009-3, 5-12-2009)
8-3I-5: SETBACK REQUIREMENTS:
As established for the AG general agricultural district. (Ord. 2009-3, 5-12-2009)
8-3I-6: FLOODPLAINS AND FLOODWAYS1:
A. Purpose: The restrictions which follow apply specifically to floodplains and floodways, and are established to:
1. Avoid or lessen the hazards to persons, property, or buildings resulting from floodwaters.
2. Protect the stream channels from encroachment.
3. Maintain the capacity of the floodplain to convey floodwaters.
4. Provide for the development of floodplain lands with uses not subject to severe damage by flooding, and which are compatible with other uses permitted in the various zoning districts.
5. Avoid the creation of new flood problems.
B. Restrictions For Floodplains And Floodways:
1. No existing building or structure shall be moved to, and no new building or structure shall be erected or constructed in the floodway as determined by FEMA.
2. The elevation of the ground upon which anything is constructed shall be one foot (1') above the established 100-year flood crest for a minimum distance of ten feet (10') surrounding any such construction.
3. The elevation of the finished surface at the crown of any new street constructed within the 100-year floodplain shall not be less than two feet (2') above the crest elevation established. The design of such streets shall be such that the normal direction or course of drainage shall not be interrupted.
C. Compensatory Storage: Whenever any portion of a floodplain is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the base flood or 100-year frequency flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken below the base flood or 100-year frequency flood elevation:
1. The excavation volume shall be equal to at least one and one- half (11/2) times the volume of the storage lost due to the fill or structure. This safety factor is intended to compensate for uncertainties in the estimate of the base flood elevation and in the determination of project impacts.
2. In the case of streams and watercourses, such excavation shall be made opposite or adjacent to areas so filled or occupied:
a. All floodplain storage lost below the existing 10-year flood elevation shall be replaced below the proposed 10-year flood elevation.
b. All floodplain storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood elevation.
c. All such excavations shall be constructed to drain freely and openly to the watercourse unless designed as a pond or shallow water area. Any area below the permanent pool elevation cannot be considered as flood storage area. (Ord. 2009-3, 5-12-2009)