The regulations and standards set by this chapter within each district shall be minimum regulations and standards and shall apply uniformly to each class, kind, or type of structure, use or land except as hereinafter provided.

No structure or land shall hereafter be used or occupied, and no structure or part thereof shall hereafter be constructed, erected, altered, remodeled, extended, or moved unless in conformity with all the regulations and standards herein specified for the district in which it shall be located. Penalty, see § 153.999

1. No structure shall hereafter be constructed, erected, altered, remodeled, extended, or moved:
   1. To exceed the height;
   2. To occupy or house a greater number of families;
   3. To occupy a greater percentage of the lot area;
   4. To exceed the floor area ratio;
   5. To have smaller or less habitable floor area per dwelling unit or lodging unit;
   6. To exceed the maximum floor area;
   than hereinafter required or in any manner contrary to the regulations and standards of the district in which it is located.
2. In no case other than in planned developments shall there be more than one main or principal structure, or main or principal use on one lot or tract of land.
3. No accessory use shall be established prior to the establishment of the main or principal use, and no accessory structure shall be constructed, erected, altered, remodeled, extended, or moved prior to the establishment or construction of the main or principal structure except those accessory uses, and structures of a temporary nature required for the establishment of the main or principal use, or for the construction of the main or principal structure.
4. All multifamily dwellings, two-family dwellings, condominiums, as defined by the State of Illinois, and each zero-lot line duplex shall have a fire wall to separate dwelling units. Penalty, see § 153.999 (Am. Ord. 786, passed 4-27-09)

No structure shall be constructed or erected on a lot or tract of land or moved to a lot or tract of land which does not abut a public street or permanent easement of access to a public street. Such easement shall have a minimum width of 20 feet unless an easement of less width was on record prior to the effective date hereof. Penalty, see § 153.999

Nothing in this chapter shall be deemed to require any change in the plans, construction, or designated use of any structure existing or upon which construction was lawfully begun prior to the effective date hereof; provided, that such structure shall be completed within one calendar year from the effective date hereof. Penalty, see § 153.999

Minimum floor elevation of any building constructed on land subject to flood shall be at least two feet above the highest known high-water line. Penalty, see § 153.999

The performance standards, regulations and standards, rules, requirements, provisions, and restrictions set by this chapter shall apply to all structure, use-lots and tracts of land created or established after the effective date hereof and shall not be deemed to require any change in the structures, uses, lots and/or tracts of land lawfully existing on the effective date of hereof except as expressly specified hereinafter.

The uses permitted in one district shall not be permitted in any other district unless specifically stated.

1. No part of a yard, buffer strip or other open space, off-street parking space or loading berth, or lot area required about or in connection with any structure or use for the purpose of complying with the regulations and standards of this chapter shall be included as part of a yard, buffer strip or other open space, off-street parking space or loading berth, or lot area similarly required for any other structure or use.
2. No yard, buffer strip or other open space, off-street parking space or loading berth, or lot existing on the effective date hereof shall be reduced in dimension or area below the requirements set forth hereinafter. Yards, buffer strips or other open spaces, off-street parking spaces or loading berths, or lots created or established after the effective date hereof shall meet at least the minimum requirements established by this chapter. Penalty, see § 153.999

All buildings and all main or principal structures shall be positioned in conformity with the setback line regulations and standards specified hereinafter for the district in which they are located. Penalty, see § 153.999

1. Notwithstanding any other provisions of this chapter, the minimum yard dimensions in this subchapter shall not be reduced except through action by the Zoning Board, the County Board or by operation of law.
2. The following yard regulations and to apply to all lots or tracts of land on which a structure is located:
   1. Yards shall be kept unobstructed for their entire depth except as specified hereinafter.
   2. Private driveways, service drives, easements, sidewalks, flagpoles, arbors, trellises, fences, walls, columns, light poles, hydrants patios, accessory signs and other decorative recreational and utility devices and equipment may be placed in any yard.
   3. No fences or walls shall be placed in the village right-of-way easement. If a corner lot does not have a sidewalk marking the right-of-way easement on any portion, the homeowner must confirm with the Public Works Manager the distance of the Village right-of-way easement.
      
   4. Notwithstanding any other provisions of this chapter, the following visibility regulations and standards shall apply:
      1. Fences, walls and/or hedges may be placed in any yard, provided that no fence, wall and/or hedge along the sides or front edge of the front yard of an interior lot shall exceed the height herein permitted:
         1. Along the front property line, and the side property lines to the building setback line, a height of four feet.
         2. From the building setback line along the side and rear property line a fence, wail and/ or hedge may be placed not to exceed eight feet in height.
      2. On a corner lot nothing shall be constructed, erected, placed, planted, or allowed to grow in such manner as to obstruct the vision of traffic approaching the comer from either direction. A fence, wall and/or hedge may be placed on a corner lot beginning at the building setback line, along the side and rear property line not to exceed eight feet in height.
      3. Junkyards and automobile salvage yards shall have a solid fence or wall eight feet in height placed along the front of the property at the building setback line, and along the side and/or rear property line to screen the property from view, entrance gates to the property shall also be constructed of a solid material the same height as the fence. Penalty, see § 153.999

The provisions of this section shall not apply to property zoned M -mobile home park.

1. Unless the regulations and standards of the district in which lots are located require greater lot areas, lot widths or lot depths, the following regulations and standards shall apply to lots platted or created after the effective date hereof.
   1. A lot without a public water supply system and without a public sanitary sewer system shall be not less than 20,000 square feet in area.
   2. A lot served by either a public water supply system or a public sanitary sewer system shall be not less than 8,500 square feet in area.
   3. Notwithstanding the district regulations, within the agriculture district, a lot may be created on which is located, on the effective date hereof, an existing dwelling, such as a tenant farm home, or a farm manager's dwelling; provided, such lot shall be not less than 20,000 square feet in area, and a lot of not less than 100 feet.
2. Lots hereafter platted or created shall have adequate lot area, width, and lot depth to provide for off-street parking spaces and loading berths, yards, buffer strips and other open spaces required.
3. Lots hereafter platted or created shall not be reduced in area, width and/or depth by sale, development, or subdivision so that lot area, lot width, lot depth, lot area per dwelling unit, lot area per loading unit, yards, buffer strips or other open spaces required are narrower or smaller than specified hereinafter.
4. No lot hereafter platted or created shall be less than 100 feet in depth.
5. The minimum lot depth shall be measured along the shorter side lot line.
6. The lot width shall be measured at the setback line. (Am. Ord. 658, passed 10-14-02) Penalty, see § 153.999

The following structures and uses are exempted from the application of the district regulations and standards and are permitted in any district:

1. Utility fixtures, etc. Poles, towers, wires, cables, conduits, vaults, laterals, pipe mains, valves or any other similar distributing equipment for telephone or other communications, electric power, gas, water and sewer lines, railroad right-of-way, water reservoir, provides that the installation shall conform where applicable with the rules and regulations of the Illinois Commerce Commission, the Civil Aeronautics Administration and of other public authorities having jurisdiction.
2. Agricultural purposes. Land used or to be used for agricultural purposes and the erection, maintenance, repair, alteration, remodeling or extensions of buildings or structures used or to be used for agricultural purposes, except that buildings or structures used for agricultural purposes shall be required to conform to setback lines in the district where located.
3. Landfill. Filling of holes, pits, lowlands, and gullies with noncombustible material other than refuse and food wastes. A permit is not required for clean soil, sand, or gravel filling.
4. Golf courses. Standard golf courses, provided that all buildings, structures and parking spaces appurtenant thereto conform to the setback lines and yard requirements of the district in which located, and further provided that if the fairways or greens or any part thereof are illuminated for night playing, it shall be located as a special use under §§ 153.140 through 153.149.
5. Libraries. Libraries, provided that any buildings or parking spaces shall conform to the setback lines and yard requirements of the district in which located.

Whenever any street, alley or other public way within the village shall be vacated, such street, alley, or other public way or portion thereof shall automatically be classified in the same zoning district as the property to which it attaches. In those instances where a street, alley or other public way serves as a zoning district boundary and is vacated, the center line of such vacated street, alley or public way shall be considered the zoning district boundary. Any street, alley or public way within the village that has previously been vacated shall automatically be classified as provided aforesaid immediately upon the effective date of the adoption of this section. (Ord. 596, passed 3-27-00)

A. REQUIRMENTS

No person shall construct any fence in the Village without first obtaining a permit from the Zoning Department. A site plan must be submitted showing the property lines, location, length, height, and type of fence being installed. A survey may be needed if applicant cannot locate property markers. A survey is at the expense of the homeowner.

1. Residential fences, landscape walls and decorative posts may be constructed of wood, stone, brick, wrought iron, and chain link. Residential fences along the front property line, and the side property lines to the building setback line, cannot exceed a height of four (4') feet. From the building setback line along the side and rear property line a fence, wall and/or hedge may be placed not to exceed eight (8') feet in height.
   
   1. Berms may not be built to increase fence height; fence height is measured from the existing ground level as measured from the outside of the property line. A two (2") inch gap may be permitted below the fence.
      
   2. Replacement of fences with prior permits is permitted; new fences and fences without permit require a building permit application.
      
   3. Barbed wire may not be used in fencing for any residential use, including those in nonconforming zones.
      
   4. No fences or walls shall be placed in the village right-of-way. "Right-of-way". If a corner lot does not have a sidewalk marking the right-of-way easement on any portion , the homeowner must confirm with the Public Works Manager the distance of the village right-of-way easement.
      
   5. Fence height measurements:
      
      1. For chain link fences, the fence line height is measured from the top of the fence post to the existing grade.
         
      2. For picket fences, the fence line height is measured from the top of the fence pickets to existing grade.
         
      3. For privacy fences, the fence line height is measured from the top of the fence pickets to existing grade, irrelevant of whether the fence has decorative caps, as long as they are no higher than four (4") inches.
         
      4. Fence line height is measured from the top of the horizontal fence line of the exterior face to the existing grade. The horizontal fence line is defined as the horizontal line from top of fence post to fence post. If the topography at grade is sloped in parallel, the fence shall be installed in a stepped fashion or sloped with the grade. A maximum four (4") inch variance is allowed from grade to bottom of each fence lath when topography is inherently uneven. However, the fence line height shall not exceed eight (8') feet.
         
      5. Fences built on retaining walls shall be measured from the top existing elevation, prior to construction of a retaining wall, to the top of the fence.
         

B. NON-RESIDENTIAL

Nonresidential fences, landscape walls and decorative posts may be constructed of wood, stone, brick, wrought iron, chain link and wire mesh. Nonresidential fences along the front property line, and the side property lines to the building setback line, cannot exceed a height of four (4') feet. From the building setback line along the side and rear property line a fence, wall and/or hedge may be placed not to exceed eight (8') feet in height.

C. TEMPORARY FENCES

Temporary fences are not permitted.

D. FRONT YARDS

Front yards hedges, fences, and walls that are continuous in length shall have one (1) access opening a minimum of thirty-six (36") inches in width and shall remain unobstructed by any items other than a gate in order to form a clear passage to the street. Fences, walls, and hedges which existed before the adoption of the ordinance codified in this section that exceed the prescribed height or access points as defined in this chapter.

E. PROHIBITED TYPES OF FENCES

No electric wire, barbed wire or razor wire may be maintained in any residential, commercial, open space or recreational zone.

1. Residential properties with one and a half (1.5) acres or more within the Village limits will be allowed the use of electric fences for the confinement of animals and shall conform to the NEC, as to voltage, amperage, and safety factors, and shall be energized only with Underwriters Laboratories approved equipment. Electric fences shall be marked with warning signs spaced every one hundred (100') feet along the fence.

F. Notwithstanding any provisions above, a permit must be obtained from the Village before any fence is constructed. The fee for such a permit shall be in accordance with fees specified in the currently adopted fee schedule as revised by the Village.

G. All fences shall be constructed and maintained in a structurally sound manner.

No more than one storage shed may be located on any lot in any zoning district. (Ord. 781, passed 1-26-09)

A carport is an accessory structure defined as a roofed structure with less than four walls that is freestanding which is used or intended to be used as a shelter for a vehicle. No carport may be erected in any residential district on any lot within the village limits. (Ord. 894, passed 1-26-15; Am. Ord. 982, passed 6-10-19)

No person shall construct, reconstruct, or resurface (exclusive of sealcoating) any asphalt, concrete or similar pavement type surface on any lot within the village whether such pavement surface is intended as a driveway, a patio, a basketball court, or for any other purpose without first having applied for and obtained a permit pursuant to this chapter. There shall be no fee for a pavement permit. The application for a pavement permit shall be on a form supplied by the village. (Ord. 945, passed 7-24-17)

1. Personal Solar Energy System (PSES)
   1. The purpose of these regulations is to provide a uniform and comprehensive set of standards for the installation and use of PSESs designed for on-site home, farm, and small commercial use that are used primarily to reduce on-site consumption of utility power. The intent of these regulations is to protect the public health, safety, and community welfare without unduly restricting the development of PSESs. The provisions of this ordinance shall not be deemed to nullify any provisions of state or federal law.
   2. Personal Solar Energy Systems shall be considered an accessory use to a principal permitted use in any zoning district.
   3. Personal Solar Energy Systems shall be subject to the requirements included in the Village Zoning Code unless otherwise stated herein:
      1. All applicable laws, statutes, regulations and ordinances shall be followed.
      2. Use. The PSES shall provide electricity or heat for on-site use by the owner. This does not prohibit an owner from making excess power available for net metering.
      3. Approved Solar Components. Electric solar system components must have an Underwriters Laboratory (UL) listing or approved equivalent.
      4. Reflection Angles. Reflection angles for solar collectors shall be oriented such that they do not project glare onto adjacent properties.
      5. Visibility. Solar energy systems shall be located in a manner to reasonable minimize view blockage for surrounding properties and shading of property to the north while still providing adequate solar access for collectors. They shall be designed to blend into the architecture of the building or be screened from routine view from public rights-of-way provided that the screening shall not affect the operation of the system.
      6. Utility Notification. All grid-integrated solar energy systems shall comply with the interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.
      7. Placement. No building of any structure will be allowed over a utility or within a utility easement.
2. Ground Mounted PSES. Ground mounted PSES shall be subject to the following requirements:
   1. Height. Shall not be greater than ten (10) feet at maximum tilt of the solar panel(s) in any zoning district.
   2. Lot size. The lot on which the SES is to be installed must be no smaller than 1 acre.
   3. Setbacks. The PSES shall maintain perimeter setbacks of no less than thirty (30) feet. No PSES shall be permitted to be located in the required front yard.
   4. Coverage. Ground mount systems shall not exceed half the building footprint of the principal structure and shall be exempt from impervious surface calculations if the soil under the collector is not compacted and maintained in vegetation. Foundations, gravel, or compacted soils are considered impervious.
   5. Prohibited. Ground mounts systems will not be allowed in any residential area.
3. Roof Mounted PSES. Roof mounted PSES shall be subject to the following requirements:
   1. Height.
      1. Shall not project more than 12 inches above the roof; and
      2. Shall not be greater than the allowable height of any structure within the zoning district in which the PSES is to be installed, except that if an existing roof is within 12 inches of the maximum allowable height, then the PSES may project no more than 12 inches above the roof, even if it exceeds the maximum allowable height.
   2. In addition to building setbacks the mounting devices for roof mounted systems shall not extend beyond the exterior perimeter of the building on which the systems is mounted or built, unless the collector or mounting system has been engineered to safely extend beyond the edge, and setback requirements are not violated. Exterior piping for solar thermal systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure.
   3. Reflection angles for solar collectors shall be oriented such that they do not project glare onto adjacent properties.
   4. Solar energy systems shall be located in a manner to reasonably minimize view blockage for surrounding properties and shading of property to the north while still providing adequate solar access for collectors.
   5. Safety. Roof mount solar energy systems, excluding building integrated systems, shall allow for adequate roof access for firefighting purposes to the south facing or flat roof upon which the panels are mounted. Panels should allow for a minimum of a three (3) foot perimeter around panels.
   6. Roof Coverage. Roof mount solar energy systems shall not occupy more than eighty percent (80%) of the aggregate square footage of the roof area. The roof shall be considered a part of a building completely covering and permanently attached to such building and can be flat or pitched.
4. Community Garden Energy Systems (CGES)
   1. Purpose and Intent. The purpose of the regulations is to provide a uniform and comprehensive set of standards for the installation and use of CGESs designed for multiple households or businesses to reduce the on-site consumption of utility power. The intent of these regulations is to protect the public health, safety, and community welfare without unduly restricting development of CDESs.
   2. Prohibited in all Residential districts.
   3. Special Use. Community Garden Energy Systems shall require a Special Use Permit within all zoning districts except Residential which is prohibited and shall be subject to the procedures and standards included in Special Uses unless otherwise stated in this Chapter.
   4. Special Requirements. Community Solar Energy Systems shall be subject to the requirements included in the Village Zoning Code unless otherwise stated herein:
      1. Community Solar Gardens may be located on rooftops. Roof mounted CGES shall be subject to the same requirements as roof mounted PSES.
      2. Ground Mount Gardens: Ground mount community solar energy systems must be less than one (1) acre in total size, and require a special use permit in all districts. Ground mount solar developments covering more than one (1) acre shall be considered a solar farm.
      3. An interconnection agreement must be completed with the electric utility in whose service the territory the system is located.
      4. Dimensional Standards: All solar garden related structures in newly platted and existing subdivisions shall comply with the principal structure setback, height, and coverage limitations for the district in which the system is located.
      5. Ground Mount Systems shall comply with all required standards for structures in the zoning district in which the system is located.
      6. The Zoning Board of Appeals may require a decommissioning plan for ground mount community solar energy systems as a condition precedent to the granting of a Special Use permit. Decommissioning of solar panels must occur in the event they are not in use for six (6) consecutive months. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site. The Zoning Board of Appeals may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure the proper decommissioning. In the event that the State of Illinois enacts a law with regarding to the decommissioning of a Solar Energy Systems, the strictest requirements shall prevail.
5. Solar Farm Energy System (SFES).
   1. Prohibited. Solar Farm Energy Systems will not be permitted within the corporate limits of the Village of Mackinaw
6. Approval and Building Permits
   1. All requests for solar energy systems will require a permit from the Village of Mackinaw at the cost of $50.00.
7. Non-Conforming Systems
   1. Any system existing at the time of the adoption of this ordinance that does not conform to the requirements of this ordinance shall be considered a nonconforming structure, and shall be subject to the regulations pertaining to nonconforming structures in the Village of Mackinaw Zoning Code.
   2. All solar energy systems shall be maintained and kept in good working order. If it is determined that a solar energy system is not being maintained, kept in good working order, or is no longer being utilized to perform its intended use for six (6) consecutive months, the property owner shall be given thirty (30) day notice for removal or repair of the unit and all equipment. If the solar energy system is not removed or repaired within thirty (30) days, then a notice of violation and a notice to appear before the Zoning Board of Appeals as an ordinance violation.
8. Penalties
   1. A failure to obtain applicable permit(s) for the construction of a solar energy system or failure to comply with the requirements of a permit or the provisions of this chapter shall be deemed a violation of §153.09. The Village of Mackinaw may bring an action to enforce compliance of the requirements of this section in accordance with the General Provisions set forth in the Village Municipal Code. Penalty §156.99