Madison County Unincorporated
City Zoning Code
City Zoning Code
GENERAL ZONING
DISTRICT REGULATIONS
§ 93.020 ZONING DISTRICT INTENT AND PURPOSE.
For the purposes of this chapter the entire county is divided into the following districts:
Minimum District Size in Acres | ||
Minimum District Size in Acres | ||
A | Agricultural | 40 |
C | Conservation | None |
Residential Districts | ||
R-1 | Single-Family Dwelling District | 15 |
R-2 | Single-Family Dwelling District | 10 |
R-3 | Single-Family Dwelling District | 5 |
R-4 | Single-Family Dwelling District | 5 |
R-5 | Multiple-Family Dwelling District | 2 |
R-6 | Mobile Home Park District | 5 |
R-7 | Planned Residential District | None |
Business and Manufacturing Districts | ||
B-1 | Limited Business District | 1 |
B-2 | General Business District | 1 |
B-3 | Highway Business District | 1 |
B-4 | Wholesale Business District | 1 |
B-5 | Planned Business District | None |
M-1 | Limited Manufacturing District | 5 |
M-2 | General Manufacturing District | 5 |
M-3 | Heavy Manufacturing District | 10 |
Special Districts | ||
PD | Planned Unit Development District | None |
A | Zone Flood Plane Overlay District | None |
DK | Darwin-Karnak Overlay District | None |
(Ord. 2014-18, passed 4-16-2014; Am. Ord. 2020- 02, passed 1-16-2020)
§ 93.021 ZONE DISTRICT EXPANSION.
An existing zoning district may be changed by expansion of the district into a contiguous district, and the change need not conform to minimum district sizes, nor shall any district involved in the change be required to meet a minimum district size.
(Ord. 2014-18, passed 4-16-2014)
§ 93.022 ZONE DISTRICT MAP AND BOUNDARIES.
The boundaries of the zoning districts are established as shown on the county zone district map. The zoning district and boundaries are adopted and established as shown on the zone district map, together with all notations, references, data, district boundaries, and other information thereof, and are made a part of this chapter by reference. The zoning map properly attested shall remain on file in the office of the Zoning Administrator. Zoning district boundaries shall be as follows:
(A) Where district boundaries are so indicated that they are approximately parallel to the center lines of streets, the center lines of alleys, or the center lines of highways, these district boundaries shall be construed as being the center line of that street, alley, or highway.
(B) Where district boundaries are indicated as approximately following lot lines, the lot lines shall be construed to be the boundaries.
(C) Where the boundary of a district follows a railroad line, the boundary shall be deemed located at the railroad right-of-way line.
(D) Where a boundary of a district follows a stream, lake, or other body of water, the boundary line shall be construed to be the centerline of the stream, otherwise at the limit of the jurisdiction of the county unless otherwise indicated.
(E) Where district boundaries are indicated as approximately following section lines, quarter lines, quarter-quarter section lines, or survey and claim lines, the lines shall be construed to be the boundaries.
(F) Any area shown on the zoning map as park, playground, school, cemetery, water, street or right-of-way, shall be subject to the zoning regulations of the district in which it is located.
(G) Whenever any street, alley or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of this street, alley or public way shall automatically extend to the center of the vacation and all area included in the vacation shall thereafter be subject to all regulations of the extended districts.
(H) Where any land or territory within the jurisdiction of the county is not shown to be located in a district, the zoning regulations of the most restrictive adjoining district shall govern.
(I) The regulatory flood elevation at any point in question shall be the governing factor in locating a Floodplain District boundary on the land.
(Ord. 2014-18, passed 4-16-2014)
§ 93.023 A AGRICULTURAL DISTRICT.
(A) General. The A Agricultural District consists of areas where soil, water, vegetation, and topographical resources generally provide conditions well suited to the raising of crops and domestic animals and reflects those areas where agricultural land uses have traditionally existed. The district is designed to prevent the intrusion of nonagricultural land use and development that would hinder agricultural pursuits by reason of congestion on public roads, chemical and biological pollution of air and water resources, soil erosion, and the depletion of natural cover causing excessive runoff of storm water onto and across agricultural and. The district is designed to protect and preserve areas of high agricultural productivity and is intended to preserve conditions suitable to agricultural pursuits.
(B) Conditions of use.
(1) Lot size.
(a) One additional single-family detached dwelling may be so located as a permitted use on the same tract for each additional 40 acres with a minimum of 100 feet between both structures. Addition of any single family detached dwelling in excess of the number above stipulated shall be by rezoning the tract to a residential classification. Any contiguous agricultural tract or lot under single ownership may be subdivided once for the purpose of erecting a single family detached dwelling, in conformance with the subdivision regulations of the county and all supplemental revisions thereof.
(b) One additional single-family detached dwelling may be so located as a permitted use on the same tract for each additional 40 acres. Addition of any single-family detached dwelling in excess of the number above stipulated shall be by rezoning the tract to a residential classification. Any contiguous agricultural tract or lot under single ownership may be subdivided once for the purpose of erecting a single-family detached dwelling, in conformance with the subdivision regulations of the county and all supplemental revisions thereof.
(2) Setback lines. No primary structure is to be erected within 40 feet of any public roadway, right-of-way line, private roadway easement or any other property boundary line. See § 93.051 for accessory structure requirements.
(3) Additional requirements. The applicant should refer to the following sections for additional regulations.
(4) Dwelling standards. Non-urban and non-farm single-family dwellings shall have a total floor area of not less than 620 square feet for each dwelling unit, measured from the outside walls, including utility rooms but excluding all other areas not used for living or sleeping purposes.
(C) Permitted uses.
(1) All land used for agricultural purposes that includes the growing of farm crops, truck garden crops, farm animal and poultry husbandry, beekeeping, nurseries, tree farms, sod farms, pasturage, viticulture, and wholesale greenhouses when such agricultural purposes constitute the principal activity on the land.
(2) Grain elevators and storage.
(3) (a) Private lakes, ponds, or other bodies of water including fee fishing and clubhouses, provided that no building, parking lot, or other intense use activity is located closer than 250 feet to any dwelling on another zoning lot. Any private lake, pond, or other body of water must also be a minimum of 250 feet from any dwelling on an adjacent zoning lot that does not have use privileges to the lake or pond.
(b) Should a pond be located within 250 feet of any dwelling on another zoning lot a variance shall be required. In addition, the pond shall meet requirements for the construction of retention basins as per the county stormwater ordinance, including but not limited to, review and approval by a licensed professional engineer.
(4) Greenhouses, wholesale and retail.
(5) Hang-gliding fields, no sales and service.
(6) Living quarters for persons employed in agricultural or related activities that are conducted on the premises.
(7) Major utility transmission facilities.
(8) [Reserved].
(9) Parks, forest preserves and recreational areas, when publicly owned and operated.
(10) Public service uses including filtration plants, pump stations, water reservoirs, police and fire stations or other governmental uses of the county.
(11) Railroad rights-of-way and trackage, but not including classification yards, terminal facilities or maintenance facility
(12) Single-family dwellings, frame construction, on a non-urban lot, non-farm lot, or agricultural farm.
(13) Schools, elementary and high, and playgrounds, school bus garages and athletic fields auxiliary thereto.
(14) (a) Temporary produce stands for the sale of agricultural produce raised on the premises, provided that adequate off-street parking is available and that traffic congestion or hazard would not be created in conjunction with the location or access thereto; and, the sales stand is operated by the farm owner, his or her family, or an employee of the farm.
(b) Temporary buildings, not to exceed 100 square feet may be used in lieu of permanent buildings, provided it is built on skids, only used for storage, any electrical service must be located on a separate pole, and the appearance of the building must be in character of an agricultural or residential building and approved by the Zoning Administrator.
(16) T.V. disks.
(17) Ultra-light landing strip, no sales or service.
(18) Telecommunication facility not to exceed 200 feet in height. (Subject to the requirements of § 93.099)
(19) Modular building unit to be used as a permanent residence, provided it meets all of the requirements of the Madison County Building Code for placement. These are to be only modular homes that have received prior approval of the Building and Zoning Committee, and are on file in the office of the Building Department.
(20) Single-family dwellings, post-frame/pole barn-style construction, on lots 10 or more acres in size.
(21) Churches, rectories, and parish houses (see § 93.077).
(22) Personal or commercial storage of equipment, materials, and the like on a lot ten or more acres in size where storage is located in a fully-enclosed structure on the property.
(1) Agricultural implement and machinery sales, service and repair.
(2) Animal feed, storage, preparation, grinding and mixing-wholesale and retail.
(3) Blacksmith or welding shop.
(4) Fertilizer sales, bulk storage, mixing of chemicals, seed and other agriculture related products.
(5) Animal hospitals, provided that adequate safeguards, structural, mechanical and location shall be provided to protect adjacent properties from the effects of noisome or injurious substances, conditions, and operations.
(6) Excavation contracting on a lot that is at least five acres.
(7) Livestock depots and sales yards.
(8) Milk depots.
(9) Milk processing and distribution including pasteurizing and manufacture of ice cream including the processing or manufacture of cheese.
(10) Airports or aircraft landing fields.
(11) Carnivals, circuses and similar amusement enterprises.
(12) Cemeteries, including crematories, mausoleums in conjunction therewith.
(13) Colleges and universities, including dormitories, fraternities, sororities, and other accessory buildings and structures or trade school.
(14) Explosives of any kind.
(15) Golf courses, regulation size, but not including “par 3" golf courses, commercially operated driving ranges or miniature golf course; and provided that no club houses or accessory building shall be located nearer that 500 feet to any dwelling on another zoning lot.
(16) Gun clubs, with or without indoor or outdoor ranges, if located not nearer than 1,000 feet to any residence other than that of the owner or lessee of the site. This includes facilities offering and providing conceal and carry lessons and firearm safety classes.
(17) Kennels, pet grooming, and pet training.
(18) Mining, loading and hauling of coal, sand, gravel, topsoil, or other aggregate or minerals, including equipment, buildings or structures for screening, crushing, mixing, washing or storage, provided that:
(a) No open pit or shaft is less than 500 feet from an existing residence or Residence District established by this zoning code; and
(b) All buildings or structures for screening, crushing, washing, mixing, or storage are located not less than 1,000 feet from an existing residence or any Residence District established by this zoning code.
(19) Mobile home in compliance with § 93.101
(20) Overnight campgrounds.
(21) Passenger depots.
(22) Private clubs or lodges, except those the chief activity of which is a service customarily carried on as a business.
(23) Private recreational areas or camps.
(24) Propane and fuel oil sales.
(25) Railroad classification yards.
(27) Sales yards, wholesale or retail, for agricultural products including, but not necessarily limited to, fruits, vegetables, flowers, plants, and the like.
(28) Sanitary and natural material landfills to include any combustible or noncombustible materials.
(29) Winery with tasting room.
(30) Travel trailer parks.
(31) Landscaping services.
(32) Wind turbines no larger than 150 feet in height. Minimum setback shall be 100% of the turbine height or 50 feet from all property lines, whichever distance is greater.
(33) Rock concerts, beer blasts or any other similar activity when operated on an individual's property.
(34) Type “B” home occupations in accordance with § 93.083.
(35) Bed and Breakfast Inn.
(36) Antique Shop.
(37) Riding academy and public stables.
(38) Reception venue in compliance with § 93.103.
(39) Agritourism operations in compliance with § 93.105.
(40) Community solar (see § 93.106).
(41) Single-family dwellings, post-frame/pole barn-style construction, on lots 2.0 - 9.99 acres in size.
(42) Single-family dwellings, storage container-style construction.
(43) Accessory dwelling units on lots at least two acres in size, where the dwelling unit located within an accessory structure is a maximum of 1,000 square feet. Only permitted on public sewers or an approved private sewage system, and the sewer system of the accessory structure dwelling unit may be combined or connected with the principal dwelling structure's sewer system subject to inspection and approval by all necessary entities including, but not limited to, the Building and Zoning Department. Accessory dwelling units may be equipped with a full kitchen subject to compliance with all applicable codes, regulations, and laws and subject to inspection and approval by all necessary entities including, but not limited to, the Building and Zoning Department.
(44) Personal or commercial storage of equipment, materials, and the like on a lot 5.0 - 9.99 acres in size where storage is located in a fully-enclosed structure on the property.
(1) Boats, campers/camping trailers, and trailers. A maximum of four boats, campers/camping trailers, and trailers are permitted in the rear or side yard. On properties two acres or greater in size, an additional boat, camper/camping trailer, or trailer shall be permitted in the front driveway at least 30 feet back from the front property line. Any boat, camper/camping trailer, or trailer stored in the side yard shall be a minimum of 20 feet from the side property line. All boats and campers/camping trailers must be unoccupied, and parked in an orderly and organized fashion.
(2) Construction: Temporary construction sheds and temporary buildings for sale or rental offices or show houses for use during construction operations; provided all other regulations of the district are complied with, but in no case shall this office be continued beyond the duration of construction of the project or one year.
(3) Horses: Keeping of horses for private purposes only, and not for rent or hire on a zoning lot whose principal use is intended to be a one-family dwelling provided that at least one acre is allocated for each animal, that all buildings for housing these animals shall be subject to all requirements for accessory buildings in the district, and that the buildings are located at least 100 feet from the nearest existing principal building on an adjacent lot, or 50 feet from the nearest side lot line whichever is greater.
(4) Pets: The keeping of not more than four domesticated animals over the age of four months on the premises provided, however, that not more than three domesticated animals over the age of four months be kept on a non-urban, residential tract of land of five acres or less.
(5) Private: Greenhouses, tool sheds, garages, or carports, tennis courts, patios, swimming pools.
(6) Vegetable gardens.
(7) Permitted signs.
(8) Accessory structures. Accessory structures may include a kitchenette or bathroom, but shall not include a full kitchen, bedroom, or living space.
(9) Type “A” home occupations in accordance with § 93.083.
(10) Agricultural uses on non- urban tracts of land, where the principal use on the property is intended to be a single-family dwelling. Provided the use is operated with sound agricultural practices and does not create nuisance, on lots two to five acres, not more than five colonies of domestic honeybees are allowed. On lots over five acres, not more than two colonies of domestic honeybees are allowed per acre; one livestock, including horses (kept for private purposes only, not for paid lessons, rent, or hire), cattle, sheep, goats, pigs, or similar animals, is allowed per acre; and not more than six fowl, including chickens, ducks, or similar animals, are allowed per acre on lots less than two acres. Not more than ten fowl, including chickens, ducks, or similar animals, are allowed per acre on land with two or more acres. When farm animals are maintained on the property, all buildings for housing these animals shall be subject to all requirements for accessory buildings in the district and must be located at least 100 feet from the nearest existing principal building on an adjacent lot or 50 feet from the nearest lot line, whichever is greater. All grazing areas must be fenced in accordance with this code. Any lawfully allowed animals, pursuant to this chapter, shall be enclosed within a pen at all times so that the animal will not become free roaming. Animals, consistent with the animal husbandry practices of the day, shall be provided shelter so as to be protected from adverse weather. Also consistent with then current animal husbandry practices, animals shall be provided with food and water. Premises upon which animals are kept, including areas of feed storage, shall be kept in a clean and healthy manner so as to not attract unwanted creatures and to not become a nuisance. See § 93.100.
(11) Beekeeping in accordance with § 93.100.
(12) Domestic farm animals on non-urban, residential tracts of land in accordance with § 93.100.
(13) Vehicle repair, hobby or personal (see § 93.081).
(14) Solar panels.
(F) Prohibited uses.
(1) Vehicles, such as automobiles, buses, and trucks that do not bear a current set of license plates; or, is not in running condition; or is in such a condition that it is inoperable on public streets shall not be permitted.
(2) Junk yards.
(3) Junk and debris, outdoor storage of goods and materials.
(4) Manufacturing.
(5) Railroad freight cars.
(Ord. 2014-18, passed 4-16-2014; Ord. 2014-14, passed 11-19-2014; Ord. 2014-15, passed 11-19-14; Ord. 2015-06, passed 8-17-2015; Ord. 2016-02, passed 2-16-2016; Ord. 2017-02, passed 6-1-2017; Ord. 2020-02, passed 1-16-2020; Ord. 2024-01, passed 3-5-2024)
§ 93.024 C CONSERVATION DISTRICT.
(A) General. The C Conservation District consists of areas within which natural topography creates practical difficulty for compact urban development. Site location for buildings may be difficult on small tracts, adequate and safe traffic circulation systems are problematic, engineering of utility systems and storm water drainage entails special circumstances and difficulties, and erosion can become a significant consideration. This can result in disproportionate or burdensome expenditures of public funds for the provisions of necessary supporting roads and public facilities. It is the intent and purpose of this district to provide for appropriate densities to preserve and enhance the natural conditions of such areas and to reduce the disproportionate cost of public facilities, by providing for appropriate uses and density patterns.
(B) Conditions of use.
(1) Lot size. Every one-family detached dwelling hereafter erected shall be located on a tract of land having an area of not less than three acres and a width at the established building line of not less than 200 feet. A permitted nonresidential principal use of a building, other than a public service use, shall be located on a tract of land having an area of not less than three acres.
(2) Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement.
(3) Front yard. A front yard of not less than 50 feet shall be provided.
(4) Side yard. A side yard on each side of the zoning lot of not less than 25 feet, except where a side yard adjoins a street the minimum width of the yard shall be increased to 50 feet.
(5) Rear yard. A rear yard of not less than 75 feet shall be provided.
(6) Lot coverage. Not more than 15% of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings.
(7) Maximum floor area ratio. The floor area ratio shall not exceed 0.3.
(8) Dwelling standards. Single-family dwellings shall have a total floor area of not less than 620 square feet for each dwelling unit, measured from the outside walls, including utility rooms but excluding all other areas not used for living or sleeping purposes.
(9) Additional requirements. The applicant should refer to the following sections for additional regulations:
(C) Permitted uses.
(1) (a) Fishing lakes, including fee fishing, or clubs provided that no building, parking lot, or other intense use activity is located nearer than 250 feet to any dwelling on another zoning lot.
(b) Should a pond be located within 250 feet of any dwelling on another zoning lot a variance shall be required. In addition, the pond shall meet requirements for the construction of retention basins as per the county stormwater ordinance, including but not limited to, review and approval by a licensed professional engineer.
(2) Living quarters for persons employed in agricultural or related activities that are conducted on the premises.
(3) Greenhouses, wholesale and retail.
(4) Public service uses including filtration plants, pump stations, water reservoirs, police and fire stations or other governmental uses of the county.
(5) Railroad rights-of-way and trackage, but not including classification yards, terminal facilities or maintenance facilities.
(6) Single-family dwellings, frame construction only.
(7) Temporary produce stands for the sale of agricultural produce raised on the premises, provided that adequate off-street parking is available and that traffic congestion or hazard would not be created in conjunction with the location or access thereto.
(8) Major utility transmission facilities.
(9) Modular building unit to be used as a permanent residence, provided it meets the requirements of the county building code for placement in the county. These are to be only modular homes that have received prior approval of the Building and Zoning Committee and are on file in the office of the Building Department.
(10) T.V. disks.
(11) Telecommunication facility not to exceed 200 feet in height. (Subject to the requirements of § 93.099)
(12) All land used for agricultural purposes that includes the growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, nurseries, tree farms, sod farms, pasturage, viticulture, and wholesale greenhouses when such agricultural purposes constitute the principal activity on the land. Permitted only on non-urban tracts of land five acres or greater in size.
(1) Animal feed, storage, preparation, grinding and mixing - wholesale and retail.
(2) Blacksmith or welding shop.
(3) Cemeteries, including crematories and mausoleums in conjunction therewith.
(4) Churches, rectories and parish houses (see § 93.077).
(5) Explosives of any kind.
(6) Fertilizer sales and storage.
(7) Golf courses, regulation size, but not including “par 3" golf courses; commercially operated driving ranges or miniature golf courses; and provided that no club house or accessory building shall be located nearer than 500 feet to any dwelling on another lot.
(8) Gun clubs, with or without indoor or outdoor ranges, if located not nearer than 1,000 feet to any residence other than that of the owner or lessee of the site. This includes facilities offering and providing conceal and carry lessons and firearms safety classes.
(9) Kennels, pet grooming, and pet training.
(10) Mining, loading and hauling of sand, gravel, topsoil or other aggregate or minerals, including equipment, building or structures for screening, crushing, mixing, washing or storage provided that:
(a) No open pit or shaft is less than 500 feet from an existing residence or Residence District established by this zoning code; and
(b) All buildings or structure used for screening, crushing, washing, mixing, or storage are located not less than 1,000 feet from an existing residence or any Residence district established by this zoning code.
(11) Mobile homes in compliance with § 93.101.
(12) Overnight campgrounds.
(13) Planned Unit Development, limited to the density and permitted uses of the district.
(14) Private clubs or lodges, except those the chief activity of which is a service customarily carried on as a business.
(15) Private recreational areas or camps.
(16) Public service uses.
(18) Sales yards, wholesale or retail for agricultural products including, but not necessarily limited to, fruits, vegetables, flowers, plants, and the like.
(19) Sanitary and natural material landfills to include any combustible or noncombustible materials.
(20) Seminaries, convents, monasteries and similar religious institutions, including dormitories and other accessory uses required for operation.
(21) Travel trailer parks.
(1) Boats, campers/camping trailers, and trailers. A maximum of four boats, campers/camping trailers, and trailers are permitted in the rear or side yard. On properties two acres or greater in size, an additional boat, camper/camping trailer, or trailer shall be permitted in the front yard at least 30 feet back from the front property line. Any boat, camper/camping trailer, or trailer stored in the side yard shall be a minimum of 20 feet from the side property line. All boats and campers/camping trailers must be unoccupied and parked in an orderly and organized fashion.
(2) Construction: Temporary construction sheds and temporary buildings for sale or rental offices or show houses for use during construction operations; provided all other regulations of the district are complied with, but in no case shall the office be continued beyond the duration of construction of the project or one year.
(3) Horse: Keeping of horses for private purposes only and not for rent or hire on a zoning lot whose principal use is intended to be a one-family dwelling provided that: At least one acre is allocated for each animal; that all buildings for housing such animals shall be subject to all requirements for accessory buildings; that these buildings are located at least 100 feet from the nearest existing principal building on an adjacent lot, or 50 feet from the nearest side lot line whichever is greater.
(4) Pets: The keeping of not more than three domesticated animals over the age of four months on the premises.
(5) Private: Tool sheds, garages or carports, tennis courts, green houses, patios, swimming pools.
(6) Servants' accommodations for professional servants, caretakers, watchmen or custodians, but not as a separate detached one-family dwelling on the same lot.
(7) Vegetable gardens.
(8) Permitted signs.
(9) Accessory structures. Accessory structures may include a kitchenette or bathroom, but shall not include a full kitchen, bedroom, or living space.
(10) Solar panels.
(11) Agricultural uses on non-urban tracts of land, where the principal use on the property is intended to be a single-family dwelling. Provided the use is operated with sound agricultural practices and does not create nuisance, not more than one livestock, including horses (kept for private purposes only, not for paid lessons, rent, or hire), cattle, sheep, goats, pigs, or similar animals, is allowed per acre and not more than six fowl, including chickens, ducks, or similar animals, are allowed per acre on lots less than two acres. Not more than ten fowl, including chickens, ducks, or similar animals, are allowed per acre on land with two or more acres. When farm animals are maintained on the property, all buildings for housing these animals shall be subject to all requirements for accessory buildings in the district and must be located at least 100 feet from the nearest existing principal building on an adjacent lot or 50 feet from the nearest lot line, whichever is greater. All grazing areas must be fenced in accordance with this code. Any lawfully allowed animals, pursuant to this chapter, shall be enclosed within a pen at all times so that the animal will not become free roaming. Animals, consistent with the animal husbandry practices of the day, shall be provided shelter so as to be protected from adverse weather. Also consistent with then current animal husbandry practices, animals shall be provided with food and water. Premises upon which animals are kept, including areas of feed storage, shall be kept in a clean and healthy manner so as to not attract unwanted creatures and to not become a nuisance.
(F) Prohibited uses.
(1) Junk yards.
(2) Manufacturing.
(3) Junk and debris, outdoor storage of goods and materials.
(4) Vehicles, such as automobiles, buses, and trucks that do not bear a current set of license plates; or are not in running condition; or are in such a condition that they are inoperable on public streets shall not be permitted.
(5) Railroad freight cars.
(Ord. 2014-18, passed 4-16-2014; Ord. 2020-02, passed 1-16-2020; Ord. 2024-01, passed 3-5-2024) Penalty, see § 93.999
§ 93.025 R-1 THROUGH R-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS.
(A) General.
(1) The Single-Family Residence Districts as differentiated herein and the district locations as depicted on the zone district map reflect the wide variety of physical and social characteristics found in the county to the extent that the range of such conditions and characteristics can be divided into meaningful categories. It is the purpose of these regulations to encourage the creation and maintenance of stable and enduring residential areas by establishing limitations on the use and character of development so as to take advantage of, or to avoid conflict with, natural topography, existing development, arrangements and locations of existing or planned community facilities and social needs.
(2) Districts R-1, R-2, R-3, and R-4 are intended to be exclusive single-family districts and to meet the needs of those persons wishing single-family housing and the environment associated with such housing.
(3) Any permitted non-residential use listed herein, other than a public service use, shall only be permitted on a tract of land at least two acres in size.
(B) Conditions of use.
(1) Lot size. Every one-family detached dwelling hereafter erected shall be located on a tract of land having an area of not less than 40,000 square feet and a width at the established building line of not less than 150 feet.
(2) Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with the buildings, structures, or enlargement.
(3) Front yard. A front yard of not less than 40 feet shall be provided.
(4) Side yard. A side yard on each side of the zoning lot of not less than 25 feet, except where a side yard adjoins a street the minimum width of the yard shall be increased to 40 feet.
(5) Rear yard. A rear yard of not less than 40 feet shall be provided.
(6) Lot coverage. Not more than 15% of the area of a zoning lot may be covered by buildings or structures, including accessory buildings.
(7) Maximum floor area ratio. The floor area ratio between gross floor area and zoning lot shall not exceed 0.3. The maximum floor area of accessory structures shall be no greater than two times the first-level floor area of the primary structure.
(8) Dwelling standards. Single-family dwellings shall have a total floor area of not less than 620 square feet for each dwelling unit, measured from the outside walls, including utility rooms but excluding all other areas not used for living or sleeping purposes.
(9) Additional requirements. The applicant should refer to the following sections for additional requirements:
(C) Conditions of use.
(1) Lot size. Every one-family detached dwelling hereafter erected shall be located on a tract of land having an area of not less than 15,000 square feet and a width at the established building line of not less than 100 feet.
(2) Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with the buildings, structures, or enlargements.
(3) Front yard. A front yard of not less than 40 feet shall be provided.
(4) Side yard. A side yard on each side of the zoning lot of not less than 10% of the width of the lot at the building line except where a side yard adjoins a street, the minimum width of the yard shall be increased to 40 feet.
(5) Rear yard. A rear yard of not less than 40 feet shall be provided.
(6) Lot coverage. Not more than 30% of the area of a zoning lot may be covered by buildings or structures, including accessory buildings.
(7) Maximum floor area ratio. The floor area ratio shall not exceed 0.5. The maximum floor area of accessory structures shall be no greater than two times the first-level floor area of the primary structure.
(8) Dwelling standards. Single-family dwellings shall have a total floor area of not less than 620 square feet for each dwelling unit, measured from the outside walls, including utility rooms but excluding all other areas not used for living or sleeping purposes.
(9) Additional requirements. The applicant should refer to the following sections for additional requirements:
(D) Conditions of use.
(1) Lot size. Every one-family detached dwelling hereafter erected shall be located on a tract of land having an area of not less than 9,000 square feet, and a width at the established building line of not less than 70 feet.
(2) Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with the buildings, structures or enlargement.
(3) Front yard. A front yard of not less than 25 feet shall be provided.
(4) Side yard. A side yard on each side of the zoning lot of not less than 10% of the width of the lot at the building line except that a minimum width of ten feet on one side will be provided for rear access unless rear access is provided by another method. Where a side yard adjoins a street, the minimum width of the yard shall be not less than 25 feet.
(5) Rear yard. A rear yard of not less than 30 feet shall be provided.
(6) Lot coverage. Not more than 35% of the area of a zoning lot may be occupied by buildings or structures, including accessory buildings.
(7) Maximum floor area ratio. The floor area ratio shall not exceed 0.5. The maximum floor area of accessory structures shall be no greater than two times the first-level floor area of the primary structure.
(8) Dwelling standards. Single-family dwellings shall have a total floor area of not less than 620 square feet for each dwelling unit, measured from the outside walls, including utility rooms but excluding all other areas not used for living or sleeping purposes.
(9) Additional requirements. The applicant should refer to the following sections for additional requirements:
(E) Conditions of use.
(1) Lot size. Every one-family detached dwelling hereafter erected shall be located on tract of land having an area of not less than 6,000 square feet, and a width at the established building line of not less than 50 feet.
(2) Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with the building, structure, or enlargement.
(3) Front yard. A front yard of not less than 25 feet shall be provided.
(4) Side yard. A side yard on each side of the zoning lot of not less than 10% of the lot width at the building line except that a minimum of ten feet on one side will be provided for rear access unless rear access is provided by another method. Where a side yard adjoins the street, the minimum of this yard shall be no less than 25 feet.
(5) Rear yard. A rear yard of not less than 25 feet shall be provided.
(6) Lot coverage. Not more than 50% of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings.
(7) Maximum floor area ratio. The floor area ratio shall not exceed 0.5. The maximum floor area of accessory structures shall be no greater than two times the first-level floor area of the primary structure.
(8) Dwelling standards. Single-family dwellings shall have a total floor area of not less than 620 square feet for each dwelling unit, measured from the outside walls, including utility rooms but excluding all other areas not used for living or sleeping purposes.
(9) Additional requirements. The applicant should refer to the following sections for additional requirements:
(F) Permitted uses.
(1) Churches, rectories, and parish houses (see § 93.077).
(2) Golf courses of regulation size but not including “par 3" golf courses; and provided that no clubhouse, parking lot, or accessory building shall be located nearer than 500 feet to any dwelling unit or other zoning lot.
(3) Governmental uses, facilities, and buildings of the county.
(4) Parks, forest preserves and recreational areas, when publicity owned.
(5) Single-family dwelling, frame construction only.
(6) Modular building unit to be used as a permanent residence, provided it meets all of the requirements of the county building code for placement. These are to be only modular homes that have received prior approval of the Building and Zoning Committee, and are on file in the office of the Building Department.
(7) Schools: Public, denominational, or private, elementary and high, including playgrounds, garages for school buses, and athletic fields auxiliary thereto.
(8) T. V. disks.
(9) Telecommunication facility not exceeding 75 feet in height. (Subject to the requirements of § 93.099).
(10) All land used for agricultural purposes, which includes the growing of farm crops, truck garden crops, farm animal and poultry husbandry, beekeeping, nurseries, tree farms, sod farms, pasturage, viticulture, and wholesale greenhouses when such agricultural purposes constitute the principal activity on the land.
(11) (a) Private lakes and ponds, or other bodies of water and clubhouses, provided that no, building, parking lot, or other intense use activity is located nearer than 250 feet to any dwelling on another zoning lot. Any private lake, pond, or other body of water must also be a minimum of 250 feet from any dwelling on an adjacent zoning lot that does not have use privileges to the lake or pond.
(b) Should a pond be located within 250 feet of any dwelling on another zoning lot a variance shall be required. In addition, the pond shall meet requirements for the construction of retention basins as per the county stormwater ordinance, including but not limited to, review and approval by a licensed professional engineer.
(12) Up to 12 chickens (hens only) on properties that are one acre in size or greater. Any lawfully allowed animals, pursuant to this chapter, shall be enclosed within a pen at all times so that the animal will not become free roaming. Animals, consistent with the animal husbandry practices of the day, shall be provided shelter so as to be protected from adverse weather. Also consistent with then current animal husbandry practices, animals shall be provided with food and water. Premises upon which animals are kept, including areas of feed storage, shall be kept in a clean and healthy manner so as to not attract unwanted creatures and to not become a nuisance.
(1) Any dwelling unit less than 620 square feet.
(2) Cemeteries and mausoleums in conjunction therewith.
(3) Day care or nursery schools.
(4) Private parking lots.
(5) Governmental uses other than the county.
(6) Type “B” home occupations in accordance with § 93.083.
(8) Landfill, but sanitary landfills not permitted.
(9) Mobile home in compliance with § 93.101.
(10) [Reserved].
(11) Private recreational areas or camps, when not operated for profit.
(12) Public libraries, playgrounds, parks, recreational community centers or grounds.
(14) Sewage facilities.
(15) Utilities: Electrical substations, gas regulator stations, other public utility distribution facilities, plants and pumping stations.
(16) Beekeeping. Keeping of not more than three colonies of domestic honeybees for private purposes only on a zoning lot whose principal use is intended to be a single-family dwelling, provided that the beekeeping is done in compliance with supplemental regulations found in § 93.100.
(17) Bed and breakfast inn (R-1 Only). (See § 93.060).
(18) Keeping of up to six chickens (hens only) on properties less than an acre in size, and up to two goats for private purposes only on a zoning lot whose principal use is intended to be a single- family dwelling, provided that the keeping of these animals is done in compliance with supplemental regulations found in § 93.100. Any lawfully allowed animals, pursuant to this chapter, shall be enclosed within a pen at all times so that the animal will not become free roaming. Animals, consistent with the animal husbandry practices of the day, shall be provided shelter so as to be protected from adverse weather. Also consistent with then current animal husbandry practices, animals shall be provided with food and water. Premises upon which animals are kept, including areas of feed storage, shall be kept in a clean and healthy manner so as to not attract unwanted creatures and to not become a nuisance.
(19) Community solar (R-1 only) (see § 93.106).
(1) Boats, campers/camping trailers, and trailers. A maximum of four boats, campers/camping trailers, and trailers are permitted in the rear or side yard. On properties two acres or greater in size, an additional boat, camper/camping trailer, or trailer shall be permitted in the front yard at least 30 feet back from the front property line. Any boat, camper/camping trailer, or trailer stored in the side yard shall be a minimum of 20 feet from the side property line. All boats and campers/camping trailers must be unoccupied and parked in an orderly and organized fashion.
(2) Construction: Temporary construction sheds and temporary buildings for sale of rental offices or show houses for use during construction operations; provided all other regulations of the district are complied with, but in no case shall the office be continued beyond the duration of construction of the project or one year.
(3) Horses: Keeping of horses for private purposes only and not for rent or hire on a zoning lot less than five acres in size whose principal use is intended to be a single-family dwelling provided that: At least one acre is allocated for each animal; that no more than two horses are permitted; that all buildings for housing such animals shall be subject to all requirements for accessory buildings; that these buildings are located at least 100 feet from the nearest existing principal building on an adjacent lot, or 50 feet from the nearest side lot line whichever is greater. Any lawfully allowed animals, pursuant to this chapter, shall be enclosed within a pen at all times so that the animal will not become free roaming. Animals, consistent with the animal husbandry practices of the day, shall be provided shelter so as to be protected from adverse weather. Also consistent with then current animal husbandry practices, animals shall be provided with food and water. Premises upon which animals are kept, including areas of feed storage, shall be kept in a clean and healthy manner so as to not attract unwanted creatures and to not become a nuisance.
(4) Pets: The keeping of not more than three domesticated animals over the age of four months on the premises.
(5) Private: Tool sheds, garages or carports, tennis courts, patios, swimming pools.
(6) Servants' accommodations for professional servants, caretakers, watchmen or custodians, but not as a separate detached one-family dwelling on the same lot.
(7) Vegetable gardens.
(8) Permitted signs.
(9) Type “A” home occupations in accordance with § 93.083.
(10) Vehicle repair, hobby or personal (see § 93.081).
(11) Solar panels.
(12) Agricultural uses on non-urban tracts of land zoned R-1, R-2, R-3 and R-4at least five acres in size, where the principal use on the property is intended to be a single-family dwelling. Provided the use is operated with sound agricultural practices and does not create nuisance, not more than one livestock, including horses (kept for private purposes only, not for paid lessons, rent, or hire), cattle, sheep, goats, pigs, or similar animals, is allowed per acre and not more than 12 fowl, including chickens, ducks, or similar animals, are allowed per acre. When farm animals are maintained on the property, all buildings for housing these animals shall be subject to all requirements for accessory buildings in the district and must be located at least 100 feet from the nearest existing principal building on an adjacent lot or 50 feet from the nearest lot line, whichever is greater. All grazing areas must be fenced. Any lawfully allowed animals, pursuant to this chapter, shall be enclosed within a pen at all times so that the animal will not become free roaming. Animals, consistent with the animal husbandry practices of the day, shall be provided shelter so as to be protected from adverse weather. Also consistent with then current animal husbandry practices, animals shall be provided with food and water. Premises upon which animals are kept, including areas of feed storage, shall be kept in a clean and healthy manner so as to not attract unwanted creatures and to not become a nuisance.
(13) Private greenhouses accessory to single-family dwellings.
(I) Prohibited uses.
(1) Junk yards.
(2) Manufacturing.
(3) Junk and debris, outdoor storage of goods and materials.
(4) Vehicles, such as automobiles, buses, and trucks that do not bear a current set of license plates; or are not in running condition; or are in such a condition that they are inoperable on public streets shall not be permitted.
(5) Railroad freight cars.
(Ord. 2014-18, passed 4-16-2014; Ord. 2014-14, passed 11-19-2014; Ord. 2014-15, passed 11-19-2014; Ord. 2016-02, passed 2-16-2016; Ord. 2020-02, passed 1-16-2020; Ord. 2024-01, passed 3-5-2024) Penalty, see § 93.999.
§ 93.026 R-5 MULTIPLE-FAMILY RESIDENTIAL DISTRICT.
(A) General. The R-5 Multiple-Family Residence District and the district locations as shown on the zone district map, reflect physical and social characteristics found in the county. It is the purpose of this district to encourage the creation and maintenance of stable and enduring multiple residence districts by establishing limitations on the use, character, and density of development of land so as to take advantage of, or to avoid conflict with, natural topography, existing development, arrangement and location of existing or planned community facilities, and the social needs of the county. This district may also be utilized for the appropriate use of redevelopment areas where obsolescence and socioeconomic demands would suggest higher densities as necessary to encourage the reuse of these areas.
(B) Conditions of use.
(1) Lot size. All dwellings hereafter erected shall be located on a lot having an area of not less than 6,000 square feet and a width at the established building line of not less than 40 feet. Any single-family dwelling located on an "R-5" lot shall meet the setbacks and yard requirements of the R-4 Single-Family Residential District.
(2) Minimum square footage of lot area. Every multiple dwelling structure in this district shall require a minimum of 2,000 square feet of lot area per dwelling unit.
(4) Approved water and sanitary sewer system. All uses permitted in this district shall be served by an approved water and sanitary sewer system. Individual well or septic tanks shall not be permitted in the interest of the public health.
(5) Yard areas. No multiple-family dwelling shall be erected or enlarged unless the following yards are provided and maintained.
(6) Front yard. On every zoning lot a front yard shall be provided of not less than 25 feet. For buildings exceeding 25 feet in height the minimum front yard shall be increased by one foot for each two feet fraction thereof by which the building height exceeds 25 feet, but in no case shall a front yard be required of more than 40 feet.
(7) Side yard. For multiple-family dwelling units, the side yard on each side of the main building shall be a minimum of ten feet in width plus and additional two feet in width for each additional story above two stories in height. On corner lots, the side yard adjacent to the street must meet the front yard setback requirement.
(8) Rear yard. There shall be a rear yard of not less than 25 feet.
(9) Lot coverage. Not more than 40% of the area of a lot may be covered by buildings and structures, including accessory buildings.
(10) Maximum floor area ratio. The maximum floor area ratio shall not exceed 1.0.
(11) Dwelling standards. One and two family dwelling structures shall have a total floor area of not less than 620 square feet for each dwelling unit, measured from the outside walls, including utility rooms but excluding all other areas not used for living or sleeping purposes.
(12) Total floor area. Multiple-family dwelling structures shall have a total floor area of not less than 540 square feet for each dwelling unit, measured from the outside walls, including all other areas not used for living or sleeping purposes.
(13) Additional requirements. The applicant should refer to the following sections for additional requirements:
(C) Permitted uses.
(1) Churches, rectories, and parish houses (see § 93.077).
(2) Condominiums.
(3) [Reserved].
(4) Garden apartments.
(5) Golf courses of regulation size only, provided that no clubhouse, parking lot, or accessory building shall be located nearer than 500 feet to any dwelling unit or other zoning lot.
(6) Governmental uses, facilities and buildings of the county.
(7) Multiple-family dwellings.
(8) Parks, forest preserves and recreational areas, when publicly owned and operated.
(9) [Reserved].
(10) Single-family dwelling, frame construction only.
(11) Schools: Public, denominational or private, elementary and high, including playgrounds, garages for school buses, and athletic fields auxiliary thereto.
(12) All land used for agricultural purposes, which includes the growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, nurseries, tree farms, sod farms, pasturage, viticulture, and wholesale greenhouses when such agricultural purposes constitute the principal activity on the land. Permitted only on non-urban tracts of land five acres or greater in size. Any lawfully allowed animals, pursuant to this chapter, shall be enclosed within a pen at all times so that the animal will not become free roaming. Animals, consistent with the animal husbandry practices of the day, shall be provided shelter so as to be protected from adverse weather. Also consistent with then current animal husbandry practices, animals shall be provided with food and water. Premises upon which animals are kept, including areas of feed storage, shall be kept in a clean and healthy manner so as to not attract unwanted creatures and to not become a nuisance.
(13) T. V. disks.
(14) Telecommunication facility not exceeding 75 feet in height. (Subject to the requirements of § 93.099).
(15) Vehicle repair, hobby or personal. (See § 93.081).
(1) Barber shops.
(2) Beauty shops.
(3) Boarding and rooming houses.
(4) Day care or nursery schools.
(5) Dormitories or similar uses.
(6) Governmental uses other than the county.
(7) Type “B” home occupations in accordance with § 93.083.
(8) Hospitals and sanitariums and institutions for children and the aged.
(9) Landfill, but sanitary landfills not permitted.
(10) Medical and dental offices, but not including any retail drug sales.
(11) Mobile home in compliance with § 93.101.
(12) Orphanages.
(14) Private parking lots.
(15) Private recreational areas or camps when not operated for profit.
(16) Public libraries, recreational or community centers or grounds.
(17) Rest homes, nursing homes, sanitariums, hospitals. (See §§ 93.084 and 93.089)
(18) Sewage facilities.
(19) Telephone booths.
(20) Utilities: Electrical substations, gas regulator stations, other public utility distribution facilities, plants and pumping stations.
(E) Accessory uses. (See § 93.051, 93.052). Accessory uses clearly associated with and supplementary to the principal use of the lot or tract of land.
(1) Boats, campers/camping trailers, and trailers. A maximum of four boats, campers/camping trailers, and trailers are permitted in the rear or side yard. On properties two acres or greater in size, an additional boat, camper/camping trailer, or trailer shall be permitted in the front yard at least 30 feet back from the front property line. Any boat, camper/camping trailer, or trailer stored in the side yard shall be a minimum of 20 feet from the side property line. All boats and campers/camping trailers must be unoccupied and parked in an orderly and organized fashion.
(2) Construction: Temporary construction sheds and temporary buildings for sale of rental offices or show houses for use during construction operations; provided all other regulations of the district are complied with, but in no case shall the office be continued beyond the duration of construction of the project or one year.
(3) Horse: Keeping of horses for private purposes only and not for rent or hire on a zoning lot less than five acres in size whose principal use is intended to be a single-family dwelling provided that: at least one acre is allocated for each animal; that no more than two horses are permitted; that all buildings for housing such animals shall be subject to all requirements for accessory buildings; that these buildings are located at least 100 feet from the nearest existing principal building on an adjacent lot, or 50 feet from the nearest side lot line whichever is greater. Any lawfully allowed animals, pursuant to this chapter, shall be enclosed within a pen at all times so that the animal will not become free roaming. Animals, consistent with the animal husbandry practices of the day, shall be provided shelter so as to be protected from adverse weather. Also consistent with then current animal husbandry practices, animals shall be provided with food and water. Premises upon which animals are kept, including areas of feed storage, shall be kept in a clean and healthy manner so as to not attract unwanted creatures and to not become a nuisance.
(4) Pets: The keeping of not more than three domesticated animals over the age of four months on the premises.
(5) Private: Tool sheds, garages or carports, tennis courts, patios, swimming pools.
(6) Servants’ accommodations for professional servants, caretakers, watchmen or custodians, but not as a separate detached one-family dwelling on the same lot.
(7) Vegetable gardens.
(8) Permitted signs.
(9) Type “A” home occupations in accordance with § 93.083.
(10) Agricultural uses on non-urban tracts of land zoned R-5 at least five acres in size, where the principal use on the property is intended to be a single-family dwelling. Provided the use is operated with sound agricultural practices and does not create nuisance, not more than one livestock, including horses (kept for private purposes only, not for paid lessons, rent, or hire), cattle, sheep, goats, pigs, or similar animals, is allowed per acre and not more than 12 fowl, including chickens, ducks, or similar animals, are allowed per acre. When farm animals are maintained on the property, all buildings for housing these animals shall be subject to all requirements for accessory buildings in the district and must be located at least 100 feet from the nearest existing principal building on an adjacent lot or 50 feet from the nearest lot line, whichever is greater. All grazing areas must be fenced. Any lawfully allowed animals, pursuant to this chapter, shall be enclosed within a pen at all times so that the animal will not become free roaming. Animals, consistent with the animal husbandry practices of the day, shall be provided shelter so as to be protected from adverse weather. Also consistent with then current animal husbandry practices, animals shall be provided with food and water. Premises upon which animals are kept, including areas of feed storage, shall be kept in a clean and healthy manner so as to not attract unwanted creatures and to not become a nuisance.
(F) Prohibited uses.
(1) Junk yards.
(2) Manufacturing.
(3) Junk and debris, outdoor storage of goods and materials.
(4) Vehicles, such as automobiles, buses, and trucks that do not bear a current set of license plates; or are not in running condition; or are in such a condition that they are inoperable on public streets shall not be permitted.
(5) Railroad freight cars.
(Ord. 2014-18, passed 4-16-2014; Ord. 2014-14, passed 11-19-2014; Ord. 2020-02, passed 1-16-2020; Ord. 2024-01, passed 3-5-2024)
§ 93.027 R-6 MOBILE HOME PARK DISTRICT.
(A) General. The R-6 Mobile Home Park District is created to meet the needs of many persons utilizing single family dwellings and mobile homes as dwelling units and to provide for special uses such as mobile home parks and courts. In this district, single-family dwellings and mobile homes are permitted. Mobile homes, single-family dwellings, mobile home module, mobile home parks and mobile home courts are permitted uses only in the “R-6” District. Prior to issuance of any building permit for a mobile home or single-family dwelling, the application must be reviewed by the Building and Zoning Department to insure that the mobile home or single-family dwelling conforms to county building, plumbing and electrical standards.
(B) Conditions of use.
(1) Lot size. Every one-family detached dwelling hereafter erected shall be located on a tract of land having an area of not less than 6,000 square feet and a width at the established building line of not less than 50 feet. A permitted nonresidential principal use of a building other than a public service use shall be located on a tract of land having an area of not less than two acres.
(2) Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such buildings, structures or enlargements.
(3) Front yard. A front yard of not less than 25 feet shall be provided.
(4) Side yard. A side yard on each side of the zoning lot of not less than 10% of the lot width at the building line except that a minimum of ten feet on one side for rear access unless rear access is provided by an alley way. Where a side yard adjoins a street, the minimum width of the yard shall be no less than 25 feet.
(5) Rear yard. A rear yard of not less than 25 feet shall be provided.
(6) Lot coverage. Not more than 50% of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings.
(7) Maximum floor area ratio. The floor area ratio shall not exceed 0.5.
(8) Dwelling standards. Dwelling units shall have a total floor area of not less than 900 square feet measured from the outside walls, including utility rooms but excluding all other areas not used for living or sleeping purposes.
(9) Building standards. Within this district when a mobile home or single-family dwelling is to be placed on a lot, a building permit must be obtained from the Building Department. Within this district, it shall be considered that these are permanent type structures, if they are to be located more than 30 days and are to be known as same. Following is a list of the building requirements that shall be required in the placement of any mobile home or single-family dwelling. Prior to the issuance of any building permits for the development, the applicant must have the required zoning needed for the development and make application to the Building and Zoning Department of the county, for their approval. In conjunction with this, the applicant must make application to the State of Illinois, Department of Public Health for a permit. No permit shall be issued until such time as the Building and Zoning Department has submitted, in writing, their approval.
(a) Foundations and footings.
1. Footings must be placed on level, firm, undisturbed soil or compacted or controlled fill that is free of grass and organic materials, compacted to a minimum load bearing capacity of 2,000 pounds per square foot. Pre-owned homes for which the manufacturer of the home is no longer in business or for which the installation instructions are not available may be placed on an existing footing system if the system meets the requirements of this section.
2. Foundations and footings may consist of the following:
a. Individual pier footings consisting of precast or poured-in-place individual pier footing concrete at least three and one-half inches thick with a 28-day compressive strength of 3,000 pounds per square inch.
b. Concrete runners a minimum of four inches thick under each I-beam or perpendicular to the I-beams at no more than eight- foot intervals.
c. Concrete pads a minimum of four inches thick the approximate dimension of the home.
d. Pressure treated wood having a 0.60 retention in accordance with the AWPA C22-03 Standard.
e. Acrylonitrile butadiene styrene (ABS) footing pads in accordance with pad manufacturer installation instructions and listed for the required load capacity and type of installation. Support devices and piers must not overlap the footings.
f. A support system approved by a licensed professional engineer.
(b) Skirting and tie downs.
1. Mobile homes must have a skirting of a fire resistant material and have at least two inspection doors.
2. Tie downs shall consist of at least one anchor at each corner of the pad and the mobile home, and this will tie the mobile home to the pad.
3. This shall apply to the placement of the first mobile home, on the lot, within the mobile home park. Any subsequent mobile home moved onto the lot, shall require an inspection by the Building and Zoning Department.
(c) Sewage disposal requirements.
1. A mobile home in a mobile home court is required to be on a sewage disposal system, such as a package treatment plant or another acceptable method.
3. New mobile homes located within an existing mobile home park may utilized a private sewage system so long as the Illinois Private Sewage Code and the county private sewage codes are satisfied.
(d) Electrical requirements.
1. Any mobile home in a mobile home park shall have a minimum of 100-amp service.
2. An R-6 single-family dwelling shall have a minimum of 100-amp service.
(e) Off-street parking and patio pad requirements.
1. In a mobile home park, off-street parking shall be provided for at least one car within the lot of the mobile home. This shall be a minimum size pad of ten by 20 feet and shall be of poured concrete at least four inches thick. This shall be connected to a patio pad that will join to the mobile home pad to make a walkway and easy access to each other. This patio pad shall be of poured concrete at least four inches thick. Additional off-street parking or on-the-street parking can be provided, and should be in conformance with requirements of the county building code.
2. R-6 single-family dwellings shall be situated with the same requirements as a conventional residence.
(f) Final inspections.
1. A final inspection shall be made on a mobile home park upon its completion and approval of the electrical service and the placement of the initial mobile home on an approved foundation.
2. It shall be the responsibility of the owner of the mobile home or renter or lessee of the mobile home within the mobile home park for the upkeep of the mobile home and the foundation on which it is placed. Failure on the part of the above-named individual to comply with this shall result in a citation of a violation being issued to the owner of the park or operator of same.
3. It shall be the responsibility of the owner or operator of the mobile home park to notify the owner of the mobile home, renter, or lessee of the pad, of his or her responsibility so far as this chapter, building regulations, Chapter 90, and the license and investigation department ordinance is concerned. Failure on his or her part to accomplish this will result in a citation of a violation being issued to the owner of the park or operator of same.
4. An R-6 single-family dwelling shall have the same sequence of inspections as required for a conventional type residence. These are outlined within the building permit application forms.
5. A certificate of occupancy must be issued to the lot or piece of property in question, prior to its usage.
(g) Additional requirements. In addition to the requirements of the county zoning code and building code, any development of a mobile home park shall meet the requirements of the County License and Investigation Department and the State Department of Public Health. Each home shall meet the requirements of the United States of America Standards Institute/A119-1, as periodically revised.
(h) Plans and specifications required. Prior to the placement of an R-6 single family dwelling within the county, a set of plans and specifications from the manufacturer will be required and it must meet the requirements of this Zoning Code for the placement of an R-6 single-family dwelling.
(i) Building and Zoning Committee. Specifications for R-6 single-family dwelling shall be as prescribed by the Building and Zoning Committee of the County Board.
(j) Accessory buildings or storage buildings.
1. This type of construction shall be permitted within a mobile home park and will have to comply with the requirements of the building code, and the necessary permits shall be obtained. Before erection of these structures within a mobile home park, a building permit must be obtained and the necessary inspections made. These structures shall be of a temporary nature and not a permanent type structure. Any structure less than 200 square feet does not require a building permit from the Building Department, but does require a permit from the License and Investigation department.
2. Within an R-6 single-family dwelling subdivision these accessory buildings or storage buildings will be treated the same as residential subdivision.
3. Nothing contained within this zoning code shall in any manner supersede any prior building or zoning requirements concerning modular homes.
(10) License renewal. All mobile home parks within unincorporated Madison County shall be obtain a mobile home park license approved by the Public Safety Committee as per § 91.021 of the county mobile home park code.
(11) Park rules. All mobile home parks shall provide a copy of the park rules to the Building and Zoning Department.
(12) Additional requirements. The applicant should refer to the following sections for additional requirements:
(C) Permitted uses.
(1) Churches, rectories and parish houses (see § 93.077).
(2) Golf courses of regulation size but not including “par 3" golf courses; and provided that no clubhouse, parking lot, or accessory building shall be located nearer than 500 feet to any dwelling unit or other zoning lot.
(3) Governmental uses, facilities and buildings of the county.
(4) Mobile homes on a permanent foundation in compliance with § 93.101.
(5) R-6 single-family dwelling to be used as a permanent residence, provided it meets the requirements of the county building code placement in the county. These are to be only R-6 single-family dwellings that have received prior approval of the Building and Zoning Committee and are on file in the office of the Building Department.
(6) Parks, forest preserves and recreational areas, when publicly owned and operated.
(7) Single-family dwelling.
(8) Schools: Public, denominational, or private, elementary and high, including playgrounds, garages for school buses and athletic fields auxiliary thereto.
(9) T.V. disks.
(10) Telecommunication facility not exceeding 75 feet in height. (Subject to the requirements of § 93.099).
(11) All land used for agricultural purposes, which includes the growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, nurseries, tree farms, sod farms, pasturage, viticulture, and wholesale greenhouses when such agricultural purposes constitute the principal activity on the land. Permitted only on non-urban tracts of land five acres or greater in size. Any lawfully allowed animals, pursuant to this chapter, shall be enclosed within a pen at all times so that the animal will not become free roaming. Animals, consistent with the animal husbandry practices of the day, shall be provided shelter so as to be protected from adverse weather. Also consistent with then current animal husbandry practices, animals shall be provided with food and water. Premises upon which animals are kept, including areas of feed storage, shall be kept in a clean and healthy manner so as to not attract unwanted creatures and to not become a nuisance.
(12) Modular homes.
(13) Mobile home parks.
(1) Barber shops.
(2) Beauty shops.
(3) Cemeteries and mausoleums in conjunction therewith.
(4) Day care or nursery schools.
(5) Governmental uses other than the county.
(7) Landfill, but sanitary landfills not permitted.
(8) Medical and dental offices, but not including any retail drug sales.
(9) Mobile home parks and courts.
(11) Private greenhouses accessory to single-family houses.
(12) Private parking lots.
(13) Private recreational areas or camps, when not operated for profit.
(14) Public libraries, playgrounds, parks, recreational, community centers, or grounds.
(15) Sewage facilities.
(16) Telephone booths.
(17) Utilities. Electrical substations, gas regulator stations, other public utility distribution facilities, plants and pumping stations.
(1) Accessory uses clearly associated with and supplementary to the principal use of the lot or tract of land.
(2) Boats, campers/camping trailers, and trailers. A maximum of four boats, campers/camping trailers. and trailers are permitted in the rear or side yard. On properties two acres or greater in size, an additional boat, camper/camping trailer, or trailer shall be permitted in the front yard at least 30 feet back from the front property line. Any boat, camper/camping trailer, or trailer stored in the side yard shall be a minimum of 20 feet from the side property line. All boats and campers/camping trailers must be unoccupied and parked in an orderly and organized fashion.
(3) Construction: Temporary construction sheds and temporary buildings for sale or rental offices or show houses for use during construction operations; provided all other regulations of the district are complied with, but in no case shall the office be continued beyond the duration of construction of the project or one year.
(4) Pets: The keeping of not more than three domesticated animals over the age of four months on the premises.
(5) Private: Tool sheds, garages or carports, tennis courts, patios, swimming pools.
(6) Servants' accommodations for professional servants, caretakers, watchmen or custodians, but not as a separate detached one-family dwelling on the same lot.
(7) Vegetable gardens.
(8) Permitted signs.
(F) Prohibited uses.
(1) Junk yards.
(2) Manufacturing.
(3) Junk and debris, outdoor storage of goods and materials.
(4) Vehicles, such as automobiles, buses, and trucks that do not bear a current set of license plates; or are not in running condition; or are in such a condition that they are inoperable on public streets shall not be permitted.
(5) Railroad freight cars.
2014-18, passed 4-16-2014; Ord. 2020-02, passed 1-16-2020; Ord. 2024-01, passed 3-5-2024)
§ 93.028 R-7 PLANNED RESIDENTIAL DISTRICT.
(A) General. The purpose of this zoning district is to provide areas suitable for planned residential developments. Areas having access to or providing urban services, utilities and public improvements contain potentially significant site planning advantages for planned residential developments. It is the intent of this zone district to maximize the public welfare through the design review of sites especially favorable for planned residential development. This zoning district provides an alternate zoning method to development design, increases the flexibility of solving common development problems and provides for a design review to potentially enhance the aesthetic quality, consumer benefits, and marketability of residential developments and to reduce the capital
investment necessary for development, utilities, public improvements and subsequent maintenance costs. Planned residential developments in this district shall comply with all applicable procedures and conditions of §§ 93.162 and 93.178.
(B) Permitted uses. Any residential use permitted in the R-1 through R-5 Districts.
(E) Prohibited uses.
(1) Junk yards.
(2) Manufacturing.
(3) Junk and debris, outdoor storage of goods and materials.
(4) Vehicles, such as automobiles, buses, and trucks that do not bear a current set of license plates; or are not in running condition; or are in such a condition that they are inoperable on public streets shall not be permitted.
(5) Railroad freight cars.
(Ord. 2014-18, passed 4-16-2014; Ord. 2020-02, passed 1-16-2020; Ord. 2024-01, passed 3-5-2024)
§ 93.029 B-1 LIMITED BUSINESS DISTRICT.
(A) General. This business district is intended to provide areas suitable for a broad range of business activities and makes provision for areas within the district for the establishment of compatible retail office and pedestrian highway retail office and pedestrian highway retail services. The intent of the district is inclusive of a desire to facilitate the location decisions of a variety of business activities while protecting the economic condition of existing areas contributing to the stability of the county. To achieve the intent of the district, great care should be exercised in zoning any parcel to the B-1 District to insure its compatibility with adjacent or existing business activities in the county.
(B) Conditions of use.
(1) Dwelling units, lodging rooms; not permitted below second floor. Dwelling units and lodging rooms are not permitted below the second floors except for the business owner or operator of a motel, hotel or similar use.
(2) Sale of foodstuffs, etc; conducted within enclosed building. The sale of foodstuffs or articles intended for human consumption shall be conducted wholly within an enclosed building.
(3) Incidental and essential to retail business. There shall be no manufacture, processing or treatment of products other than those, which are clearly incidental end essential to the retail business conducted on the same premises.
(4) Limited to five persons. Not more than five persons (exclusive of manager, clerks, and drivers) shall be engaged in the manufacture, processing or treatment of products.
(5) Nuisances not permitted. Such uses, operations or products shall not cause objectionable odor, dust, smoke, noise, vibration or other similar nuisances.
(6) Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with the building.
(7) Front yard. There shall be provided on every lot a front yard not less than 50 feet in depth, except that when existing buildings located in this district have already established a building line at a depth less than required above, then all new buildings may conform to the same building line
(8) Side yard. A side yard of a minimum of ten feet shall be provided
(9) Rear yard. There shall be a rear yard of not less than 20 feet, however, an accessory building may be located thereon, except for the five feet adjacent and parallel to the rear lot line or alley line, for the storage of motor vehicles and the unloading and loading of vehicles under roof.
(10) Maximum floor area ratio and coverage. The floor area ratio shall not exceed 1.2 and not more than 60% of a zoning lot shall be covered by a building or buildings.
(11) Additional requirements. The applicant should refer to the following sections for additional requirements:
(12) Buffer area. When abutting a residential district or lot, a six foot tall sight-proof fence or ten foot tall landscaped screen shall be provided. Such landscaped screen shall consist of shrubbery and trees at least five feet in height when planted and shall be maintained at not less than ten feet in height when fully grown. Other forms of screening shall be as approved by the Zoning Administrator.
(C) Permitted uses. The following retail business and service uses are permitted, provided they are operated entirely within a building, except for off-street parking and loading facilities.
(1) Air conditioning and heating sales and service.
(2) Antique shops.
(3) Art and school supply stores.
(4) Art galleries and studios.
(5) Auto parts store.
(6) Bakery shops, including the baking and processing of food products, when prepared for retail use on the premises only.
(7) Banks and financial institutions.
(8) Barber shops, beauty parlors, chiropody, massage therapist or similar personal service shops.
(9) Book and stationery stores.
(10) Bicycle sales and repair.
(11) Candy and ice cream shops.
(12) Camera and photographic supply shops for retail sale.
(13) Carpet, rug and linoleum stores.
(14) China and glassware stores.
(15) Coin and philatelic stores.
(16) Currency exchanges.
(17) Cutting of glass, mirror and glazing.
(18) Custom dressmaking, costume rental, millinery, tailoring, or shoe repair shops, when conducted for retail sale on the premises only.
(19) Department stores.
(20) Dry goods stores.
(21) Drug stores.
(22) Dry cleaning and pressing establishments, retail.
(23) Electrical appliance stores and repairs, but not including appliance assembly or manufacturing.
(24) Employment agency.
(25) Financial services.
(26) Florist shops and conservatories for retail trade on the premises.
(27) Food, meat and fruit stores.
(28) Frozen food stores and food lockers.
(29) Furniture store, and upholstery when conducted as a part of the retail operations and secondary to the main use.
(30) Furrier, when conducted for retail trade on the premises only.
(31) Gift shops.
(32) Hardware stores.
(33) Haberdasheries.
(34) Hobby stores.
(35) Household appliance stores and repairs.
(36) Interior decorating shops, including upholstery and making of draperies, slip covers and other similar articles, when conducted as a part of the retail operations and secondary to the main use.
(37) Jewelry and watch repair shops.
(38) Laundries, automatic self-service types, or hand.
(39) Leather goods and luggage stores.
(40) Locksmith.
(41) Millinery shops.
(42) Modular building units for office commercial use, provided they meet the requirements of the county building code for placement in the county. These are to be only modular building units that have received prior approval of the Building and Zoning Committee and are on file in the office of the Building Department.
(43) Musical instrument sales and repair, retail trade only.
(44) Newsstands.
(45) Offices, business and professional, including medical clinics.
(46) Optician, optometrist.
(47) Orthopedic and medical appliance store, but not including the assembly or manufacture of such articles.
(48) Package liquor stores.
(49) Paint and wallpaper stores.
(50) Pet shops, pet grooming, and pet training, but not including animal hospitals.
(51) Photography studios, including the development of film and pictures when done as a part of the retail business on the premises.
(52) Plumbing and heating showroom and shop.
(53) Picture framing, when conducted for retail trade on the premises only.
(54) Photo developing and processing.
(55) Postal substations.
(56) Public utility collection office.
(57) [Reserved].
(58) Savings and loan associations.
(59) Sewing machine sales and service.
(60) Shoe and hat stores, and repairing when done as a part of the retail business.
(61) Signs, as regulated by § 93.118.
(62) Sporting goods stores.
(63) Theater, indoor.
(64) Telephone booths, public.
(65) Tobacco shops.
(66) Toy stores.
(67) Travel bureau and transportation ticket office.
(68) T.V. disks.
(69) Wearing apparel shops.
(70) Prehistoric stone artifacts, their restoration and related activities.
(72) Telecommunication facility not to exceed 200 feet in height. (Subject to the requirements of § 93.099).
(73) All land used for agricultural purposes, which includes the growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, nurseries, tree farms, sod farms, pasturage, viticulture, and wholesale greenhouses when such agricultural purposes constitute the principal activity on the land. Any lawfully allowed animals, pursuant to this chapter, shall be enclosed within a pen at all times so that the animal will not become free roaming. Animals, consistent with the animal husbandry practices of the day, shall be provided shelter so as to be protected from adverse weather. Also consistent with then current animal husbandry practices, animals shall be provided with food and water. Premises upon which animals are kept, including areas of feed storage, shall be kept in a clean and healthy manner so as to not attract unwanted creatures and to not become a nuisance.
(74) Flea markets.
(75) Coffee, juice, tea, and smoothie shops.
(76) Prefabricated accessory structure sales on an open lot or within a building.
(1) Automobile service and repair stations but excluding auto body repair and painting.
(2) Eating and drinking establishments.
(3) Churches, rectories and parish houses (see § 93.077).
(4) Clubs or lodges (nonprofit), fraternal or religious institutions.
(5) Dwellings, frame construction only, including mobile homes in compliance with § 93.101.
(6) Fairgrounds, circuses, coliseums, race tracks and other similar exposition and recreational uses.
(8) Hotels and motels, including restaurants and meeting rooms.
(9) Meeting halls.
(11) Utilities: Electrical substations, gas regulator stations, other public utility distribution or exchange facilities.
(12) Railroad freight cars, to be used for storage only as an accessory use to the primary use and located not in the front yard area.
(13) Massage or similar personal service shops.
(14) Rock concerts, beer blasts, or any similar outdoor activities, when operated in conjunction with or separate from an existing business established on the site.
(15) Licensed veterans establishment.
(16) Licensed fraternal establishment.
(17) Licensed truck stop establishment.
(18) Convenience store.
(19) Gasoline service station, with or without a convenience store. (See § 93.082).
(20) Drive-up window, restaurant or convenience store.
(21) Indoor shooting ranges, conceal and carry lessons, or firearms safety courses. Any shooting ranges must be at least 1,000 feet from any residence.
(1) Off-street parking and loading.
(2) Storage of merchandise or inventory usually carried in stock, provided that the storage shall be located on the lot with the retail, service, or commercial use. There can be storage on the outside of the building, provided that it is kept in a neat and orderly condition, and not permitted to create a health hazard and an eyesore to the general area.
(3) Accessory structures. Accessory structures may include a kitchenette or bathroom, but shall not include a full kitchen, bedroom, or living space.
(4) Video games and amusements, electronic devices, and other similar devices. This accessory use can only be used in conjunction with licensed eating and drinking establishments, licensed veterans establishments, licensed truck stop establishments, or licensed fraternal establishments and must adhere to all governing statutes including but not limited to the Illinois Video Game Act (230 ILCS 40).
(F) Prohibited uses.
(1) The following uses shall not be permitted: Boarding and rooming houses; dormitories, fraternity and sorority houses; apartment hotels; mobile homes or mobile home parks; and any uses for living quarters not specifically provided for in this section.
(2) Provided that neither junk yards, the dismantling of vehicles, or the storage of dismantled vehicles, petroleum bulk plants, or outside storage of inflammable liquids or explosives, shall be permitted in this district.
(3) Establishments of the drive-in type offering goods or services directly to customers waiting in parked motor vehicles are not permitted.
(4) Vehicles, such as automobiles, buses, and trucks that do not bear a current set of license plates; or are not in running condition; or are in such condition that they are inoperable on public streets shall not be permitted unless such vehicles are incidental to and essential for the primary use taking place on the property.
(5) Restaurants or bars that feature nude dancing in any form.
(6) Junk and debris, and outdoor storage of goods and materials where such storage is not permitted.
(Ord. 2014-18, passed 4-16-2014; Ord. 2017-02, passed 6-1-2017; Ord. 2020-02, passed 1-16-2020; Ord. 2024-01, passed 3-5-2024)
§ 93.030 B-2 GENERAL BUSINESS DISTRICT.
(A) General. This business district is intended to provide a greater variety of business uses not permitted in the B-1 District, and for some business uses which are not directly compatible with retail service uses.
(B) Conditions of use.
(1) Dwelling units, lodging rooms; not permitted below second floor. Dwelling units and lodging rooms are not permitted below the second floors except for the business owner or operator of a motel, hotel or similar use.
(2) Sale of foodstuffs, etc; conducted within enclosed building. The sale of foodstuffs or articles intended for human consumption shall be conducted wholly within an enclosed building.
(3) Incidental and essential to retail business. There shall be no manufacture, processing, or treatment of products other than those, which are clearly incidental and essential to the retail business conducted on the same premises.
(4) Limited to five persons. Not more than five persons (exclusive of manager, clerks and drivers) shall be engaged in the manufacture, processing or treatment of products.
(5) Nuisances not permitted. Such uses, operations or products shall not cause objectionable odor, dust, smoke, noise, vibration or other similar nuisances.
(6) Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with the buildings.
(7) Front yard. There shall be provided on every lot a front yard not less than 50 feet in depth except that when existing buildings located in the district have already established a building line at a depth less than required above, then all new buildings may conform to the same building line.
(8) Side yard. A side yard of a minimum of ten feet shall be provided.
(9) Rear yard. There shall be a rear yard of not less than 20 feet, however, an accessory building may be located thereon, except for the five feet adjacent and parallel to the rear lot line or alley line, for the storage of motor vehicles and the unloading and loading of vehicles under roof.
(10) Maximum floor are ratio and coverage. The floor area ratio shall not exceed 1.2, and not more than 60% of a zoning lot shall be covered by a building or buildings.
(11) Additional requirements. The applicant should refer to the following sections for additional requirements:
(12) Buffer area. When abutting a residential district or lot, a six foot tall sight-proof fence or ten foot tall landscaped screen shall be provided. Such landscaped screen shall consist of shrubbery and trees at least five feet in height when planted and shall be maintained at not less than ten feet in height when fully grown. Other forms of screening shall be as approved by the Zoning Administrator.
(C) Permitted uses. The following retail and service uses are permitted, provided they are operated within a building, except for off-street parking or loading facilities.
(1) Any use permitted in the B-1 District.
(2) Ambulance service.
(3) Amusement establishments: Bowling alleys, pool halls, dance halls, skating rinks and other similar places of recreation.
(4) Automobile accessory store.
(5) Auction rooms.
(6) Automobile service and repair station but excluding auto body repair and painting.
(7) Automobile sales (new), which may include service and repair, and painting and auto body repair.
(8) Blueprinting and photo stating establishments.
(9) Bicycle sales and repair.
(10) Boat showrooms, sales and service.
(11) Carwash, either automatic or self-service.
(12) Catering establishments.
(13) Exterminating shops.
(14) Garages, public, for storage of private passenger automobiles and commercial vehicles under one and one-half-ton capacity.
(15) Hand laundries.
(16) Hotels and motels, including restaurants and meeting rooms.
(17) Laboratories (medical, dental, research, experimental and testing), provided no production or manufacturing of products takes place.
(18) Loan offices.
(19) Meeting halls.
(20) Commercial mobile structures, provided they meet the requirements of the county building code for placement in the county. These are to be only commercial mobile structures that have received prior approval of the Land Uses Committee and are on file in the office of the Building Department.
(21) Pawn shops.
(22) Physical culture and health services.
(23) Printing and publishing of newspapers, periodicals, books.
(24) Radio and television broadcasting stations.
(25) Schools. Music, dance, business, commercial or trade.
(26) Taxidermist shops.
(27) Secondhand stores and rummage shops.
(28) Undertaking establishments, funeral parlors, or mortuaries.
(29) [Reserved].
(1) Eating and drinking establishments.
(2) Churches, rectories and parish houses (see § 93.077).
(3) Clubs or lodges (nonprofit), fraternal or religious institutions.
(4) Dwellings, frame construction only, including mobile homes in compliance with § 93.101.
(5) Fairgrounds, circuses, coliseums, race tracks and other similar exposition and recreational uses.
(7) Meeting halls.
(9) Utilities. Electrical substations, gas regulator stations, other public utility distribution facilities.
(10) Taxi cab service (See § 93.060).
(11) Drive-up window, restaurant or convenience store. (See § 93.060).
(12) Railroad freight cars, to be used for storage only as an accessory use to the primary use and located not in the front yard area.
(13) Licensed veterans establishment.
(14) Licensed fraternal establishment.
(15) Licensed truck stop establishment.
(16) Convenience store.
(17) Gasoline service station, with or without a convenience store. (See § 93.082).
(18) Indoor shooting ranges, conceal and carry lessons, or firearms safety courses. Any shooting ranges must be at least 1,000 feet from any residence.
(19) Animal hospitals.
(1) Off-street parking and loading.
(2) Storage of merchandise or inventory usually carried in stock, provided the storage shall be located on the lot with the retail, service, or commercial use. There can be storage of on the outside of the building, provided that it is kept in a neat and orderly condition, and not permitted to create a health hazard and an eyesore to the general area.
(3) Accessory structures. Accessory structures may include a kitchenette or bathroom, but shall not include a full kitchen, bedroom, or living space.
(4) Video games and amusements, electronic devices, and other similar devices. This accessory use can only be used in conjunction with licensed eating and drinking establishments, licensed veterans establishments, licensed truck stop establishments, or licensed fraternal establishments and must adhere to all governing statutes including but not limited to the Illinois Video Game Act (230 ILCS 40).
(F) Prohibited uses.
(1) The following uses shall not be permitted: Boarding and rooming houses; dormitories, fraternity, and sorority houses; apartment hotels; mobile homes or mobile home parks; and any uses for living quarters not specifically provided for in this section.
(2) Neither junkyards, the dismantling of vehicles, the storage of dismantled vehicles, petroleum bulk plants, or outside storage of inflammable liquids or explosives, shall be permitted in this district.
(3) Establishments of the drive-in type offering goods or services directly to customers waiting in parked motor vehicles are not permitted.
(4) Vehicles, such as automobiles, buses and trucks that do not bear a current set of license plates; or are not in running condition; or are in such a condition that they are inoperable on public streets shall not be permitted unless such vehicles are incidental to and essential for a permitted primary use taking place on the property.
(5) Restaurants or bars that feature nude dancing in any form.
(6) Junk and debris, outdoor storage of goods and materials where such storage is not permitted.
(Ord. 2014-18, passed 4-16-2014; Ord. 2016-02, passed 2-16-2016; Ord. 2017-02, passed 6-1-2017; Ord. 2020-02, passed 1-16-2020; Ord. 2024-01, passed 3-5-2024)
§ 93.031 B-3 HIGHWAY BUSINESS DISTRICT.
(A) General. The Highway Business District is intended to provide for the establishment of certain highway oriented commercial activities and to prohibit inappropriate and incompatible commercial activities. Such areas must be carefully located so as not to unduly constrict, impede, or reduce the normal flow of traffic and to provide for reasonably safe access and egress from adjacent highways.
(B) Conditions of use.
(1) Dwelling units, lodging rooms; not permitted below second floor. Dwelling units and lodging rooms are not permitted below the second floors except for the business owner or operator of a motel, hotel or similar use.
(2) Incidental and essential to retail business. There shall be no manufacture, processing, or treatment of products other than those, which are clearly incidental and essential to the retail business conducted on the same premises.
(3) Limited to five persons. Not more than five persons (exclusive of manager, clerks and drivers) shall be engaged in the manufacture, processing, or treatment of products.
(4) Nuisances not permitted. These uses, operations or products shall not cause objectionable odor, dust, smoke, noise, vibration or other similar nuisances.
(5) Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with the buildings.
(6) Front yard. There shall be provided on every lot a front yard not less than 50 feet in depth, except that when existing buildings located in this district have already established a building line at a depth less than required above, then all new buildings may conform to the same building line.
(7) Side yard. A side yard of a minimum of ten feet shall be provided.
(8) Rear yard. There shall be a rear yard of not less than 20 feet, provided, that an accessory building may be located thereon, except for the five feet adjacent and parallel to the rear lot line or alley line, for the storage of motor vehicles and the unloading and loading of vehicles under roof.
(9) Maximum floor area ratio and coverage. The floor area ratio shall not exceed 1.5 and not more than 75% of a zoning lot shall be covered by a building or buildings.
(10) Additional requirements. The applicant should refer to the following sections for additional requirements:
(11) Buffer area. When abutting a residential district or lot, a six foot tall sight-proof fence or ten foot tall landscaped screen shall be provided. Such landscaped screen shall consist of shrubbery and trees at least five feet in height when planted and shall be maintained at not less than ten feet in height when fully grown. Other forms of screening shall be as approved by the Zoning Administrator.
(C) Permitted uses.
(1) Any use permitted in the B-2 Business District.
(2) Agricultural implement sales and services, on a lot within a building.
(3) Animal hospital.
(4) Beverages, nonalcoholic, bottling and distributing.
(5) Camping trailer sales.
(6) Construction trailers, provided they are only used for storage and not occupied.
(7) Contractors' offices and shops, where no fabrication is done on the premises and where storage of materials and equipment is permitted on the outside of the building, provided they are kept in a neat and orderly condition, and not permitted to create a health hazard and an eye-sore to the general area. This is also includes excavation contracting businesses.
(8) Greenhouse, for retail trade on the premises.
(9) Hang-glider sales and service shops.
(10) Live bait stores.
(11) Miniature golf courses.
(12) Mobile home sales not including occupancy of trailers.
(13) Monument sales, but not including the cutting or grinding of stones, on an open lot or within a building.
(14) Motorcycle sales and repair.
(15) Plumbing, heating and roofing supply shops.
(16) Recycling of papers, cans, plastic or glass bottles, containers and jars, household alkaline batteries and other energy-recyclable materials. Any storage on the outside must be kept in a neat and orderly condition, and not permitted to create a health hazard and an eyesore to the area. Any hazardous materials must be confined so that a danger is not created.
(17) Riding academies and public stables.
(18) Trailer sales business on an open lot or within a building, not including occupancy of trailers.
(19) Ultra-light sales and service shops.
(20) Used passenger automobile sales on an open lot or within a building.
(1) Eating and drinking establishments.
(2) Churches, rectories and parish houses (see § 93.077).
(3) Clubs or lodges (nonprofit), fraternal or religious institutions.
(4) Drive-in theaters.
(5) Dwellings, frame construction only, including mobile homes in compliance with § 93.101.
(6) Fairgrounds, circuses, coliseums, race tracks and other similar exposition and recreational uses.
(8) Hotels and motels, including restaurants and meeting rooms.
(9) Meeting halls.
(11) Utilities. Electrical substations, gas regulator stations, other public utility distribution facilities.
(12) Adult business.
(13) Winery with a tasting room.
(14) Railroad freight cars and box trailer, to be used for storage only; install as an accessory use to the primary use and located not in the front yard area.
(15) Licensed veterans establishment.
(16) Licensed fraternal establishment.
(17) Licensed truck stop establishment.
(18) Convenience store.
(19) Gasoline service station, with or without a convenience store. (See § 93.082).
(20) Drive-up window, restaurant or convenience store.
(21) Indoor shooting ranges, conceal and carry lessons, or firearms safety courses. Any shooting ranges must be at least 1,000 feet from any residence.
(1) Off-street parking and loading.
(2) Storage of merchandise or inventory usually carried in stock, provided that the storage shall be located on the lot with the retail, service, or commercial use. There can be storage on the outside of the building, provided that it is kept in a neat and orderly condition, and not permitted to create a health hazard and an eyesore to the general area.
(3) Accessory structures. Accessory structures may include a kitchenette or bathroom, but shall not include a full kitchen, bedroom, or living space.
(4) Video games and amusements, electronic devices, and other similar devices. This accessory use can only be used in conjunction with licensed eating and drinking establishments, licensed veterans establishments, licensed truck stop establishments, or licensed fraternal establishments and must adhere to all governing statutes including but not limited to the Illinois Video Game Act (230 ILCS 40).
(F) Prohibited uses.
(1) The following use shall not be permitted: Boarding and rooming houses; dormitories, fraternity and sorority houses; apartment hotels; mobile homes or mobile home parks; and any uses for living quarters not specifically provided for in this section.
(2) Neither junkyards, the dismantling of vehicles, or the storage of dismantled vehicles, petroleum bulk plants, or outside storage of inflammable liquids or explosives, shall be permitted in this district.
(3) Vehicles, such as automobiles, buses, and trucks that do not bear a current set of license plates; or are not in running condition; or are in such a condition that they are inoperable on public streets shall not be permitted unless such vehicles are incidental to and essential for a permitted primary use taking place on the property.
(4) Restaurants or bars that feature nude dancing in any form.
(5) Junk and debris, and outdoor storage of goods and materials where such storage is not permitted.
(Ord. 2014-18, passed 4-16-2014; Ord. 2017-02, passed 6-1-2017; Ord. 2020-02, passed 1-16-2020; Ord. 2024-01, passed 3-5-2024)
§ 93.032 B-4 WHOLESALE BUSINESS DISTRICT.
(A) General. This zone district is created to encourage the development, location, and growth of business, business related, and other uses that are not generally compatible with other direct retail sales. This district provides for wholesale and business uses, which often require large lots and storage areas that create land uses patterns not conducive to pedestrian shopping.
(B) Conditions of use.
(1) Dwelling units, lodging rooms; not permitted below second floor. Dwelling units and lodging rooms are not permitted below the second floor, except in hotels and motels or for the owner or operator of the business.
(2) Uses, operations or products to not be objectionable. Permitted uses, operations, or products shall not be objectionable due to odor, dust, smoke, noise vibrations, or other similar causes.
(3) Screening or plantings. Storage outside a building must provide screening or plantings as reviewed by the Zoning Administrator and approved by the Building and Zoning Committee.
(4) Maximum floor area ratio and coverage. The floor area ratio shall not exceed 2.5.
(5) Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with the building.
(6) Additional requirements. The applicant shall refer to the following sections for additional requirements:
(7) Front yard. There shall be provided on every lot a front yard not less than 50 feet in depth, except that when existing buildings located in this district have already established a building line at a depth less than required above, then all new buildings may conform to the same building line.
(8) Side yard. A side yard of a minimum of ten feet shall be provided.
(9) Rear yard. There shall be a rear yard of not less than 20 feet; however, an accessory building may be located thereon, except for the five feet adjacent and parallel to the rear lot line or alley line, for the storage of motor vehicles and the unloading and loading of vehicles under roof.
(10) Buffer area. When abutting a residential district or lot, a six foot tall sight-proof fence or ten foot tall landscaped screen shall be provided. Such landscaped screen shall consist of shrubbery and trees at least five feet in height when planted and shall be maintained at not less than ten feet in height when fully grown. Other forms of screening shall be as approved by the Zoning Administrator.
(C) Permitted uses.
(1) Any use permitted in the B-3 District.
(2) Automobile or agricultural implement sales, repair, and service stations.
(3) Building materials sales.
(4) Business machines, repair service, storage and wholesale.
(5) Cement products, wholesale (pipe, blocks, and the like).
(6) Display, designers', and builders' shops.
(7) Exterminating shops.
(8) Feed and seed stores.
(9) Food products, brokers, distributors.
(10) Greenhouses, wholesale growers.
(11) Heating and air conditioning (fabricating and assembly).
(12) Lumberyards.
(13) Machine and equipment rental and repair.
(14) Membership clubs.
(15) “Par 3" golf courses, miniature golf courses, and commercially operated driving ranges.
(16) Parking lots and garages.
(17) Physical culture and health services.
(18) Printing and publishing of newspapers, periodicals, books, and including letter process work.
(19) Radio and television broadcasting stations.
(20) Schools: Music, dance, business, commercial or trade.
(21) Travel trailer sales.
(22) Souvenir shops and stands provided that all goods and services are sold or provided within completely enclosed buildings.
(23) Storage of automobiles in running condition.
(24) Termite control contractor shops.
(25) Warehouses, including self storage facilities. Outdoor covered or uncovered storage of recreational vehicles, boats, trailers, and the like are permitted in self-storage facilities, but must be screened from adjacent properties via six foot tall sight-proof fencing or landscaped screening as approved by the Zoning Administrator.
(26) Weighers, commercial.
(27) Welding, equipment and supplies, storage.
(1) Any uses which may be allowed as a special uses in the B-1 Limited Business District.
(2) Bus terminal or other public transportation terminal facilities.
(3) Dwellings, frame construction only, including mobile homes in compliance with § 93.101.
(4) Planned Unit Developments limited to the permitted uses in this district.
(5) Outdoor theaters (drive-in).
(6) Outdoor amusement establishments, fairgrounds, carnivals, circuses, race tracks, and other similar amusement centers, including places of assembly devoted thereto, such as stadiums and arenas.
(7) Eating and drinking establishments.
(8) Utilities, electrical substations, other public utility distribution facilities.
(9) Licensed veterans establishment.
(10) Licensed fraternal establishment.
(11) Licensed truck stop establishment.
(12) Convenience store.
(13) Gasoline service station, with or without a convenience store. (See § 93.082).
(14) Drive-up window, restaurant or convenience store.
(15) Indoor shooting ranges, conceal and carry lessons, or firearms safety courses. Any shooting ranges must be at least 1,000 feet from any residence.
(E) Accessory uses. (See § 93.051(B)) Accessory uses that are clearly associated with and supplementary to the principal uses of the lot or tract of land.
(1) Off-street parking and loading.
(2) Storage of merchandise or inventory usually carried in stock, provided that such storage shall be located on the lot with the retail, service or commercial use. There can be storage on the outside of the building, provided that it is kept in a neat and orderly condition, and not permitted to create a health hazard and an eyesore to the general area.
(3) Accessory structures. Accessory structures may include a kitchenette or bathroom, but shall not include a full kitchen, bedroom, or living space.
(4) Video games and amusements, electronic devices, and other similar devices. This accessory use can only be used in conjunction with licensed eating and drinking establishments, licensed veterans establishments, licensed truck stop establishments, or licensed fraternal establishments and must adhere to all governing statutes including but not limited to the Illinois Video Game Act (230 ILCS 40).
(F) Prohibited uses.
(1) The following uses shall not be permitted: Boarding and rooming houses; dormitories, fraternity and sorority houses; apartment hotels; mobile homes or mobile home parks; and any uses for living quarters not specifically provided for in this section.
(2) Neither junkyards, the dismantling of vehicles or the storage of dismantled vehicles, petroleum bulk plants, or outside storage of inflammable liquids or explosives, shall be permitted in this district.
(3) Vehicles, such as automobiles, buses, and trucks that do not bear a current set of license plates; or are not in running condition; or are in such a condition that they are inoperable on public streets shall not be permitted unless such vehicles are incidental to and essential for a permitted primary use taking place on the property.
(4) Restaurants or bars that feature nude dancing in any form.
(5) Junk and debris, and outdoor storage of goods and materials where such storage is not permitted.
(Ord. 2014-18, passed 4-16-2014; Ord. 2017-02, passed 6-1-20017; Ord. 2020-02, passed 1-16-2020; Ord. 2024-01, passed 3-5-2024)
§ 93.033 B-5 PLANNED BUSINESS DISTRICT.
(A) General. The B-5 Planned Business District of the county is designed to provide for maximum commercial site design and utilization in areas favorable for commercial growth but experiencing a variety of developmental problems. These problems my relate to existing or future traffic, land acquisition, topographical, utility, and related problem areas. This zone district provides maximum flexibility for the developer to create an attractive, profitable, commercial enterprises and for the county to maximize vehicular and pedestrian safety, to potentially reduce capital expenditures for public improvements, and to create more attractive county. This zone district will facilitate the combination and establishment of developments and uses in locations where it would be appropriate under approved site plans and conditions necessary to protect the general welfare.
(C) Permitted uses. Within this zone district, only planned commercial developments will be permitted. Permitted uses my include any combination of commercial uses upon approval of the individual development applications.
(D) Permitted accessory uses. Any accessory use approved in a development plan.
(Ord. 2014-18, passed 4-16-2014) Penalty, see § 93.999
§ 93.034 M-1 LIMITED MANUFACTURING DISTRICT.
(A) General. The M-1 District delineates areas where a satisfactory correlation of factors such as adequate transportation facilities, accessibility for employees, efficient land assembly, adequate topographical conditions, and adequate provisions of public utilities required by industry may be achieved. It is intended that this particular district will generally provide for light industry of an assembly nature from finished goods, warehousing and wholesaling activities. Supportive services for light industry are generally of a non-retail or personal service character and should be encouraged to locate in this district.
(B) Conditions of uses. The permitted uses shall be subject to the following:
(1) Uses shall take place without disturbing adjoining properties. Any production, processing, cleaning, servicing, testing, repair or storage of goods, materials, or products shall take place without creating disturbing influences to the uses and occupancy of adjoining properties.
(2) Uses to take place in completely enclosed building. All business, production, servicing and processing shall take place within a completely enclosed building unless otherwise approved. Storage of equipment and supplies in this district may be open to the sky but shall be enclosed by a wall or fence, including gates, at least eight feet high and if abutting an R District an approved landscaped screen shall be provided. Open off-street loading facilities and open, off-street parking facilities for the storage of motor vehicles may be unenclosed throughout the district, except for such screening of parking and loading facilities as may be required to protect adjacent uses or residential districts.
(3) Railroad siding frontage. No yards shall be required for those portions of lots which front on railroad sidings.
(4) Buffer areas. A six foot tall sight-proof fence or 20-foot tall planting screen, consisting of suitable shrubbery and trees, shall be provided wherever an industrial use abuts any other use district. This landscaped screen shall consist of shrubbery and trees at least five feet in height when planted and shall be maintained at not less than 20 feet in height when fully grown. Other forms of screen shall be as appointed by the Zoning Administrator.
(5) Yard areas. No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with the building.
(6) Front yard. On every zoning lot, a front yard of not less than 25 feet in depth shall be provided.
(7) Side yards. On every zoning lot, a side yard shall be provided along each side lot line. Each side yard shall be not less in width than 10% of the lot width or minimum of ten feet, but need not exceed 20 feet in width.
(8) Rear yard. A rear yard sufficient for structural maintenance or safety equipment of at least 12 feet in depth shall be provided.
(9) Maximum floor area ratio. The maximum floor area ratio shall not exceed 1.5.
(10) Additional requirements. The applicant should refer to the following sections for additional requirements:
(C) Permitted uses. Production, processing, cleaning, testing or repair, limited to the following uses and products:
(1) Advertising displays.
(2) Apparel and other products manufactured from textiles.
(3) Art needle work and hand weaving.
(4) Automobile painting, upholstering, repairing, reconditioning, and body fender repairing when done within the confines of a structure.
(5) Awning, Venetian blinds.
(6) Bakeries.
(7) Beverages, nonalcoholic.
(8) Blacksmith shop.
(9) Books, hand binding and tooling.
(10) Bottling works.
(11) Brushes and brooms.
(12) Building equipment, building material, lumber, coal, sand, and gravel yards, and yards for contracting equipment of public agencies, or public utilities or material of a similar nature.
(13) Cameras and other photographic equipment and supplies.
(14) Canning and preserving.
(15) Canvas and canvas products.
(16) Carpet and rug cleaning.
(17) Carting, express hauling or storage yard.
(18) Ceramic products such as pottery and small glazed tile.
(19) Cleaning and dyeing establishments.
(20) Clothing.
(21) Contractor or construction shops, such as: Building, cement, electrical, excavation, refrigeration, air conditioning, masonry, painting, plumbing, roofing, heating, and ventilation.
(22) Cosmetics and toiletries.
(23) Creameries and dairies.
(24) Dentures.
(25) Drugs.
(26) Electrical appliances, such s lighting fixtures, irons, fans, toasters, and electric toys.
(27) Electrical equipment assembly, such as home radio and television receivers and home movie equipment.
(28) Electrical supplies, manufacturing and assembly of wire and cable assembly switches, lamps, insulation, and dry cell batteries.
(29) Food products processing and combining of (except meat and fish); baking, boiling, canning, cooking, dehydrating, freezing, frying, grinding, mixing, and pressing.
(30) Fur goods, not including tanning and dyeing.
(31) Glass products, from previously manufactured glass.
(32) Greenhouses (wholesale).
(33) Hair, felt and feather products (except washing, curing, dyeing).
(34) Hat bodies of fur and wool felt.
(35) Hosiery.
(36) Ice, dry and natural.
(37) Ink mixing, packing, and inked ribbons.
(38) Insecticides.
(39) Jewelry.
(40) Laboratories - medical, dental, research, experimental, and testing; provided there is no danger from fire or explosion, nor offensive noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences.
(41) Laundries.
(42) Leather products, including shoes and machine belting.
(43) Luggage.
(44) Machine shops for tool, die and pattern making.
(45) Mail order houses.
(46) Metal finishing, plating, grinding, sharpening, polishing, cleaning, rust proofing, and heat treatment.
(47) Metal stamping and extrusion of small products, such as costume jewelry, pins and needles, razor blades, bottle caps, buttons and kitchen utensils.
(48) Modular building units for office commercial uses, provided they meet the requirements of the building code for placement in the county. These are to be only modular building units have received prior approval of the Building and Zoning Committee and are on file in the office of the Building Department.
(49) Musical instruments.
(50) Orthopedic and medical appliances, such as artificial limbs, braces, supports, and stretchers.
(51) Paper products, small, such as envelopes and stationery, bags, boxes, tubes and wallpaper printing.
(52) Perfumes and cosmetics.
(53) Pharmaceutical product, compounding only.
(54) Plastic products, but not including the processing of raw materials.
(55) Poultry and rabbits, slaughtering.
(56) Precision instruments such as optical, medical, and drafting.
(57) Products for finished materials: Plastics, bone, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, precious, and semiprecious stones, rubber, shell or yarn.
(58) Printing and newspaper publishing, including engraving and photoengraving.
(59) Repair of household or office machine or equipment.
(60) Rubber products, small, and synthetic treated fabrics (excluding all rubber and synthetic processing) such as washers, gloves, footwear, bathing caps and atomizers.
(61) Silverware, plate and sterling.
(62) Soap and detergents, packaging only.
(63) Soldering and welding.
(64) Sporting and athletic equipment, such as balls, cues, gloves, bats, rackets and rods.
(65) Statuary, mannequins, figurines, and religious and church art goods, excluding foundry operations.
(66) Storage of household goods.
(67) Storage and sale of trailers, farm implements, and other similar equipment on an open lot.
(68) Underground storage of flammable liquids, fats or oil in tanks each of 50,000 gallons or less capacity.
(69) Telephone booth, public.
(70) Textiles: Spinning, weaving, manufacturing, dyeing, printing, knit goods, yard, thread and cordage, but not including textile bleaching.
(71) Tobacco curing and manufacturing, and tobacco products.
(72) Tool and die shops.
(73) Tools and hardware, such as bolts, nuts, screws, doorknobs, drills, hand tools and cutlery, hinges, house hardware, locks, nonferrous metal, casting and plumbing appliances.
(74) Toys.
(75) Truck tractor, trailer, or bus storage yard, but not including a truck or motor freight terminal.
(76) Umbrellas.
(77) Upholstering (bulk), including mattress manufacturing, rebuilding and renovating.
(78) Vehicles, children's such as bicycles, scooters, wagons and baby carriages.
(79) Watches.
(80) Wood products, such as furniture, boxes, crates, baskets, and pencils, and cooperage works.
(81) Any other manufacturing establishment that can be operated without creating unreasonable noise, odor, dust smoke, gas, fumes or vapor; and that is a use compatible with the use and occupancy of adjoining properties.
(82) Wholesale and warehousing; local cartage and express facilities (but not including motor freight terminals).
(83) Public and community service users as follows: Bus terminals, bus garages, bus lots, railway facilities and car houses.
(84) Fire stations.
(85) Municipal or privately owned recreation buildings or community centers.
(86) Parks and recreation areas.
(87) Police stations.
(88) Sewage treatment plants.
(89) Telephone exchanges.
(90) Telephone booths, public.
(91) Water pumping station.
(92) Water reservoirs.
(93) Residential areas, as follows: Dwelling units for watchmen and their families when located on the premises where they are employed in this capacity.
(94) T.V. disks.
(96) Telecommunication facility not to exceed 200 feet in height. (Subject to the requirements of § 93.099).
(97) All land used for agricultural purposes, which includes the growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, nurseries, tree farms, sod farms, pasturage, viticulture, and wholesale greenhouses when such agricultural purposes constitute the principal activity on the land. Permitted only on non-urban tracts of land five acres or greater in size.
(D) Special uses.
(1) Airport or aircraft landing fields.
(2) Animal pounds and shelters.
(3) Automobile service stations, lubrication and washing facilities, including car washes, are permitted only if in a completely enclosed building.
(4) Banks or financial institutions.
(5) Battery and tire service stations.
(6) Currency exchanges.
(7) Drug stores.
(8) Dwellings, frame construction only, including mobile homes in compliance with § 93.101.
(9) Fuel sales, with storage of oils, gasoline, and other flammable products.
(10) Garages and parking lots other than accessory.
(11) Greenhouses.
(12) Ice sales, linen, towel, diaper and other similar supply services.
(13) Motor freight terminals.
(14) Planned developments, industrial, limited to the uses of this district.
(15) Railroad freight cars, to be used for storage only as an accessory use to the primary use and located not in the front yard area.
(16) Public utility electric substations and distribution centers, gas regulation centers, and underground gasholder stations.
(17) Riding academies and stables.
(18) Sanitary landfill.
(19) Stadiums, auditoriums, and arenas.
(20) Stone and gravel quarries and crushing grading, washing and loading equipment and structure.
(21) Surface shaft mining of all kinds.
(22) Theaters, outdoor drive-in.
(23) Trade schools.
(24) Impound storage yards, including towing services.
(25) Gasoline service station, with or without a convenience store. (See § 93.082).
(26) Recycling facilities for the collection, temporary storage, processing, cleaning, repair, grinding, or shredding of recyclable materials such as metals, auto parts, power equipment and auto batteries, and electronics. This does not include scrap yards, pick-and-pull operations, or junkyards. All dismantling of vehicles and storage of recyclable materials shall be within enclosed structures or an area enclosed by a sight-proof fence at least ten feet in height. All fluids (gases, oils, and the like) must be removed from the vehicles prior to storage on site, and batteries must be stored in compliance with the Illinois Environmental Protection Act. Haul away of dismantled vehicles stored on site shall occur on a monthly basis.
(1) Dwelling units for watchmen when located on the premises where they are employed in that capacity.
(2) Off-street parking and loading.
(3) Storage of merchandise or inventory usually carried in stock.
(4) Telephone booths.
(5) Temporary buildings for construction purposes for a period not to exceed the duration of the construction.
(6) Accessory structures. Accessory structures may include a kitchenette or bathroom, but shall not include a full kitchen, bedroom, or living space.
(F) Prohibited uses.
(1) Neither junkyards, the dismantling of vehicles nor the storage of dismantled vehicles, petroleum bulk plants, or outside storage of flammable gases, liquids or explosives, shall be permitted in this district.
(2) Research and development of any commodity from explosives or flammable liquids or gases.
(3) The following shall not be permitted: Boarding and rooming houses dormitories, fraternity and sorority houses, apartment hotels, mobile home parks, and any uses for living quarters not specifically provided for in this section.
(4) Vehicles, such as automobiles, buses, and trucks that do not bear a current set of license plates; or are not in running condition; or are in such a condition that they are inoperable on public streets shall not be permitted unless such vehicles are incidental to and essential for a permitted primary use taking place on the property.
(5) Restaurants or bars that feature nude dancing in any form.
(6) Junk and debris, and outdoor storage of goods and materials where such storage is not permitted.
(Ord. 2014-18, passed 4-16-2014; Ord. 2017-02, passed 6-1-2017; Ord. 2020-02, passed 1-16-2020; Ord. 2024-01, passed 3-5-2024)
§ 93.035 M-2 GENERAL MANUFACTURING DISTRICT.
(A) General. The M-2 General Manufacturing District encompasses areas where there is a satisfactory correlation of factors such as adequate transportation facilities, accessibility for employees, efficient land assembly, adequate topographical conditions, and where the adequate provision of public utilities and power facilities required by industry may be achieved. It is intended that this district will provide for a type of manufacturing and land use that is not permitted in the M-1 Limited Manufacturing District and that meets the requirements and conditions of this zoning code.
(B) Conditions of use. The permitted uses shall be subject to the following:
(1) Uses to occur without disturbances. Any production, processing, cleaning, servicing testing, repair or storage of goods, materials, or products shall take place without creating disturbing influences to the use and occupancy of adjoining properties.
(2) Uses to occur completely within enclosed building. All business, production, servicing, and processing shall take place within a completely enclosed building unless otherwise approved. Storage of equipment and supplies in this district may be open to the sky but shall be enclosed by a wall or fence, including gates, at least eight feet high. Open off-street loading facilities and open, off-street parking facilities for the storage of motor vehicles may be unenclosed throughout the district, except for such screening of parking and loading facilities as my be required to protect adjacent uses or residential districts.
(3) Railroad siding frontage. No yards shall be required for those portions of lots which front on railroad sidings.
(4) Buffer areas. A six foot tall sight-proof fence or 20-foot tall planting screen, consisting of suitable shrubbery and trees, shall be provided wherever an industrial uses abuts any other use district. Such landscaped screen shall consist of shrubbery and trees at least five feet in height when planted and shall be maintained at not less than 20 feet in height when fully grown. Other forms of screen shall be as approved by the Zoning Administrator, and/or the Zoning Board of Appeals in its discretion.
(5) Yard areas. No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with the building.
(6) Front yard. On every zoning lot, a front yard of not less than 25 feet in depth shall be provided.
(7) Side yard. On every zoning lot, a side yard shall be provided along each side lot line. Each side yard shall be not less in width than 10% of the lot width or ten feet whichever is greater but need not exceed 20 feet in width.
(8) Rear yard. A rear yard sufficient for structural maintenance or safety equipment of at least 12 feet in depth shall be provided.
(9) Maximum floor area ratio. The maximum floor area ratio shall not exceed 3.0.
(10) Additional requirements. The applicant should refer to the following sections for additional requirements:
(C) Permitted uses.
(1) Any uses permitted in the M-1 District.
(2) Agricultural buildings and structure.
(3) Air conditioning contractors' offices, shops, and yards.
(4) Architects' office, shops, and yards.
(5) Arenas.
(6) Auditoriums.
(7) Automobiles testing rounds.
(8) Building contractor or construction offices, shops, and yards.
(9) Building material sales.
(10) Bus garages.
(11) Bus lots.
(12) Bus stations.
(13) Bus terminals.
(14) Car wash establishments.
(15) Cement contractors' offices, shops, and yards.
(16) Cement block manufacture.
(17) Crafting.
(18) Dumping or disposal areas, garbage, refuse or trash.
(19) Electrical contractors' offices, shops, and yards.
(20) Engineers' offices, shops, and yards.
(21) Express facilities.
(22) Freight terminals, air.
(23) Freight terminal, railroad and water.
(24) Fuel sales.
(25) Garages for storage, repair, and servicing of motor vehicles (unrestricted).
(26) Gas regulator stations.
(27) Hangars, aircraft.
(28) Heating contractors' offices, shops, and yards.
(29) Highway maintenance shops and yards.
(30) Ice sales.
(31) Labor organization lodges and offices.
(32) Commercial mobile structures, provided they meet the requirements of the county building code for placement in the county. These are to be only commercial mobile structures that have received prior approval of the Building and Zoning Committee and are on file in the office of the Building Department.
(33) Motor freight terminals.
(34) Masonry contractors' offices, shops, and yards.
(35) Oils, storage and wholesale distribution.
(36) Packing.
(37) Painting contractors' offices, shops and yards.
(38) Parking lots, open or enclosed and other than accessory (unrestricted).
(39) Parks.
(40) Penal institutions.
(41) Petroleum, storage and wholesale distribution.
(42) Plastic products.
(43) Planned developments, industrial limited to the district uses.
(44) Plumbing contractors' offices, shops and yards.
(45) Printing.
(46) Race tracks (all types).
(47) Radar installations.
(48) Radio stations and towers(transmitting and receiving).
(49) Radio studios.
(50) Railroad freight terminals.
(51) Railroad labor rest houses, hotels, and camps.
(52) Railroad passenger stations.
(53) Railroad switching and classification yards, repair shops, and round houses.
(54) Refrigeration contractors' offices, shops and yards.
(55) Roofing contractors' offices, shops and yards.
(56) Stadiums.
(57) Storage.
(58) Television stations and towers (transmitting and receiving).
(59) Temporary buildings for construction purposes.
(60) Theaters (automobile drive-in).
(61) Ventilating contractors' offices, shop and yards.
(62) Warehousing.
(63) Water freight terminals.
(64) Water reservoirs.
(65) Water service substations.
(66) Water works.
(67) Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products, but not including any of the uses first listed as permitted in the M-3 Heavy Manufacturing District, that can be operated without creating unreasonable noise, odor, dust, smoke, gas, fumes, or vapor; and that is a use compatible with the uses and occupancy of adjoining properties.
(68) T.V. disks.
(69) Telecommunication facility not to exceed 200 feet in height. (Subject to the requirements of § 93.099)
(1) Airport, heliport, landing field.
(2) Dwellings, frame construction only, including mobile homes in compliance with § 93.101.
(3) Junk yards and automobile wrecking yards, provided they are contained within completely enclosed buildings or screened by a solid wall or uniformly painted solid fence at least 12 feet high or screening as approved.
(4) Manufacturing, processing or storage involving flammable or explosive materials, liquids or gases.
(5) Sanitary landfills and landfills.
(6) Slag piles, refining and ore waste.
(7) Stone and gravel quarries and crushing, grading, washing and loading equipment and structures.
(8) Surface and shaft mining of all kinds.
(9) Railroad freight cars, to be used for storage only as an accessory use to the primary use and located not in the front yard area.
(10) Utilities; electrical substations, gas regulator stations, other public utility distribution facilities.
(11) Impound storage yards, including towing services.
(12) Gasoline service station, with or without a convenience store. (See § 93.082).
(13) Recycling facilities for the collection, temporary storage, processing, cleaning, repair, grinding, or shredding of recyclable materials such as metals, auto parts, power equipment and auto batteries, and electronics. This does not include scrap yards, pick-and-pull operations, or junkyards. All dismantling of vehicles and storage of recyclable materials shall be within enclosed structures or an area enclosed by a sight-proof fence at least ten feet in height. All fluids (gases, oils, and the like) must be removed from the vehicles prior to storage on site, and batteries must be stored in compliance with the Illinois Environmental Protection Act. Haul away of dismantled vehicles stored on site shall occur on a monthly basis.
(1) Dwelling units for watchmen when located on the premises where they are employed in that capacity.
(2) Off-street parking and loading.
(3) Storage of merchandise or inventory usually carried in stock.
(4) Temporary buildings for construction purposes for a period not to exceed the duration of construction.
(5) Accessory structures. Accessory structures may include a kitchenette or bathroom, but shall not include a full kitchen, bedroom, or living space.
(F) Prohibited uses.
(1) The following shall not be permitted: Boarding and rooming houses, dormitories, fraternity and sorority houses, apartment hotels, mobile home parks, and any uses for living quarters not specifically provided for in this section.
(2) Vehicles, such as automobiles, buses, and trucks that do not bear a current set of license plates; or are not in running condition; or are in such a condition that they are inoperable on public streets shall not be permitted unless such vehicles are incidental to and essential for a permitted primary use taking place on the property.
(3) Restaurants or bars that feature nude dancing in any form.
(4) Junk and debris, and outdoor storage of goods and materials where such storage is not permitted.
(Ord. 2014-18, passed 4-16-2014; Ord. 2017-02, passed 6-1-2017; Ord. 2020-02, passed 1-16-2020; Ord. 2024-01, passed 3-5-2024)
§ 93.036 M-3 HEAVY MANUFACTURING DISTRICT.
(A) General. The M-3 Heavy Manufacturing district encompasses areas where there is a satisfactory correlation of factors such as adequate transportation facilities, accessibility for employees, efficient land assembly, adequate topographical conditions, and where the adequate provision of public utilities and power facilities required by industry may be achieved. It is intended that this district will provide for a type of manufacturing and land use that this district will provide for a type of manufacturing and land use that is not permitted in the M-1 Limited Manufacturing and M-2 General Manufacturing Districts and that meets the requirements and conditions of this zoning code.
(B) Conditions of use. The permitted uses shall be subject to the following:
(1) Uses to occur without disturbances. Any production, processing, cleaning servicing, testing, repair, or storage of goods, materials, or products shall take place without creating disturbing influences to the use and occupancy of adjoining properties.
(2) Uses to occur completely within enclosed building. All business, production, servicing and processing shall take place within a completely enclosed building unless otherwise approved. Storage of equipment and supplies may be open to the sky but shall be enclosed by a wall or fence, including gates, at least eight feet high and open, off-street loading and parking facilities for the storage of motor vehicles may be unenclosed throughout the district, except for such screening of parking and loading facilities may be required.
(3) Railroad siding frontage. No yards shall be required for those portions of lots which front on railroad sidings.
(4) Buffer areas. A six foot tall sight-proof fence or 20 feet tall planting screen, consisting of suitable shrubbery and trees, shall be provided wherever an industrial use abuts any other use district. This landscaped screen shall consist of shrubbery and trees at least five feet in height when planted and shall be maintained at not less than 20 feet in height when fully grown. Other forms of screen shall be as approved by the Zoning Administrator.
(5) Yard areas. No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with the building.
(6) Front yard. On every zoning lot, a front yard of not less than 25 feet in depth shall be provided.
(7) Side yard. On every zoning lot, side yard shall be provided along each side lot line. Each side yard shall be not less in width than 10% of the lot width or of ten feet whichever is greater but need not exceed 20 feet in width.
(8) Rear yard. A rear yard sufficient for structural maintenance or safety equipment of at least 12 feet in depth shall be provided.
(9) Maximum floor area ratio. The maximum floor area ratio shall not exceed 3.0.
(10) Additional requirements. The applicant should refer to the following sections for additional requirements:
(C) Permitted uses. Production, processing, cleaning servicing, testing and repair, including the following uses and manufacturing of the following products:
(1) Any uses permitted in the “M-1" and “M-2" Districts.
(2) Asphalt and asphalt products.
(3) Chemicals including acetylene, aniline, dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, cleaning and polishing, preparations, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton or other materials, nitrates (manufactured and natural) of an explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yarn, hydrochloric, picric and sulfuric acids and derivatives.
(4) Coal, coke, and tar products, including gas manufacturing.
(5) Electric central station, power and steam generating plants.
(6) Fertilizers.
(7) Film, photographic.
(8) Flour, feed and grain, milling and processing.
(9) Gelatin, glue and size: Animal.
(10) Linoleum and oil cloth.
(11) Magnesium foundries.
(12) Matches.
(13) Metal and metal ores (except precious and rare metals), reduction, refining, smelting and alloying.
(14) Modular building units for office commercial uses, provided they meet the requirements of the county building code for placement in the county. These are to be only modular building units that have received prior approval of the Building and Zoning Committee and are on file in the office of the Building Department.
(15) Paint, lacquer, shellac, varnishes, linseed oil and turpentine.
(16) Petroleum products, refining - such as gasoline, kerosene, naphtha, lubricating oil and liquefied petroleum gases.
(17) Railroad freight terminals, motor freight terminals, railroad switching and classification yards, repair shops and roundhouses.
(18) Ready-mix cement plants.
(19) Rubber (natural or synthetic).
(20) Soaps, including fat and oil rendering.
(21) Starch.
(22) Stock yards, slaughterhouses and abattoirs.
(23) Wood, coal and bones, distillation.
(24) Wood pulp and fiber, reduction and processing, including paper mill operation.
(25) Storage, including the following uses and materials or products: Goods used in or produced by manufacturing activities permitted in this district.
(26) Explosives.
(27) Grain.
(28) Manure, peat, and topsoil.
(29) Petroleum and petroleum products.
(30) T.V. disks.
(31) Telecommunication Facility not to exceed 200 feet in height. (Subject to the requirements of § 93.099).
(1) Airport, heliport, landing field.
(2) Dwellings, frame construction only, including mobile homes in compliance with § 93.101.
(3) Junk yards and automobile wrecking yards, provided they are contained within completely enclosed buildings or screened by solid wall or uniformly painted solid fence at least 12 feet high or screening as approved.
(4) Manufacturing, processing or storage involving flammable or explosive materials, liquids or gases.
(5) Sanitary landfills and landfills.
(6) Slag piles, refining, and ore waste.
(7) Stone and gravel quarries and crushing, grading, washing and loading equipment and structures.
(8) Surface and shaft mining of all kinds.
(9) Railroad freight cars, to be used for storage only as an accessory use to the primary use and located not in the front yard area.
(10) Utilities: Electrical substations, gas regulator stations, and other public utility distribution facilities.
(11) Impound storage yards, including towing services.
(12) Gasoline service station, with or without a convenience store. (See § 93.082).
(13) Recycling facilities for the collection, temporary storage, processing, cleaning, repair, grinding, or shredding of recyclable materials such as metals, auto parts, power equipment and auto batteries, and electronics. This does not include scrap yards, pick-and-pull operations, or junkyards. All dismantling of vehicles and storage of recyclable materials shall be within enclosed structures or an area enclosed by a sight-proof fence at least ten feet in height. All fluids (gases, oils, and the like) must be removed from the vehicles prior to storage on site, and batteries must be stored in compliance with the Illinois Environmental Protection Act. Haul away of dismantled vehicles stored on site shall occur on a monthly basis.
(1) Dwelling units for watchmen when located on the premises where they are employed in that capacity.
(2) Off-street parking and loading.
(3) Storage of merchandise or inventory usually carried in stock.
(4) Temporary buildings for construction purposes for a period not exceed the duration of the construction.
(5) Accessory structures. Accessory structures may include a kitchenette or bathroom, but shall not include a full kitchen, bedroom, or living space.
(F) Prohibited uses.
(1) The following shall not be permitted boarding and rooming houses, dormitories, fraternity and sorority houses, apartment hotels, mobile home parks or courts, and any uses for living quarters not specifically provided for in this section.
(2) Vehicles, such as automobiles, buses, and trucks that do not bear a current set of license plates; or are not in running condition; or are in such condition that they are inoperable of public streets shall not be permitted unless such vehicles are incidental to and essential for a permitted primary use taking place on the property.
(3) Restaurants or bars that feature nude dancing in any form.
(4) Junk and debris, and outdoor storage of goods and materials where such storage is not permitted.
(Ord. 2014-18, passed 4-16-2014; Ord. 2017-02, passed 6-1-2017; Ord. 2020-02, passed 1-16-2020; Ord. 2024-01, passed 3-5-2024)
§ 93.037 PD PLANNED UNIT DEVELOPMENT DISTRICT.
(A) General. The purpose of this zoning district is to provide areas suitable for planned developments. The Planned District is designed to provide for site design and utilization in areas favorable for growth but experiencing a variety of developmental problems, or for areas having access to urban services, utilities, and public improvements containing potentially significant site planning advantages for Planned Unit Developments. Problems may relate to existing or future traffic, land acquisition, topographical, utility, and related problem areas. It is the intent of this zone district to maximize the public welfare and to provide the flexibility needed by developers to potentially enhance the aesthetic quality, consumer benefits, and marketability of multiple or single use developments and to reduce the capital investment necessary for development, utilities and public improvement.
(B) Conditions of use.
(1) General. The planned Unit Development can be Planned and developed to result in an environment of superior quality than can be achieved under traditional zoning requirements and practices.
(2) Natural features. Provision is made to accommodate and assure the maintenance of unique natural and man-made amenities such as streams, stream banks, flood plains, wooded areas, rough terrain, historic sites and similar areas.
(3) Unified control. The land is or will be under continuing unified control during and after construction, subject to the restrictions of this section.
(4) Open Space. Common or public open space shall be provided in sufficient quantity for amenity and recreational purposes. The quantity of open and recreation space in residential developments shall be a minimum of 25% of total land area and additionally shall be appropriate to the scale and character of the Planned Unit Development, considering its size, density, expected population, topography, and the number, type and density of land uses to be provided.
(5) Utilities. All Planned Unit Developments shall be provided with a central sewer and water system.
(7) Subdivision requirements. Applicants, after rezoning approval, the issuance of the special use permit or concurrently with the zoning application, shall submit a preliminary and a final development plat and shall meet the requirements of the county subdivision code concerning the preliminary plat, final plat, improvements, and open space.
(8) Changes after PUD completion. After the final plat has been approved and construction has been completed changes in use or land area shall only be by zoning amendment consistent with the intent and purpose of the PUD except for changes that may increase the bulk of any building or rearrangement of land use by not more than 10%.
(C) Permitted uses. Any combination of residential, commercial or industrial uses as approved.
(D) Accessory use. Any accessory use approved in a development plan.
(Ord. 2014-18, passed 4-16-2014)
§ 93.038 A ZONE FLOOD PLAIN OVERLAY DISTRICT.
(A) Periodic inundation. The flood hazard areas of the county are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare.
(B) General provisions.
(1) Existing zone districts. All flood plains in the county are now designated as A Zone zoning districts and it is assumed those district designations will remain unless changed by a zoning amendment. The regulations of this A Zone District apply in addition to existing zoning districts, and to future rezoning concerning any district located in a flood plain. This district is an overlay district and imposes additional requirements to developments proposed in a flood plain.
(2) Most restrictive. The conditions and restrictions of the A Zone District shall apply to any special or permitted use by an existing zoning district.
(4) Flood hazard boundary maps. The flood hazard boundary map no. H-01-47 dated January 31, 1975, and amendments thereto, delineating A Zones as areas that are susceptible to the regulatory flood as prepared by the Federal Emergency Management Agency (FEMA) adopted for the purpose of this zoning code and filed as record in the office of the County Clerk.
(5) Permit required. No person, firm or corporation shall commence any construction, substantial improvement, subdivision of land, placement of a manufacturing home or other developments in areas located in an A Zone without first obtaining a permit from the Zoning Administrator. The Administrator shall not issue a permit for any construction, substantial improvement or other development that does not comply with the provisions of this Zoning Code or that has been denied a permit required by federal or state law including § 404 of the Federal Water Pollution Control Act of 1972, 33 U.S.C. § 1334.
(6) Applications.
(a) Within areas designated as A Zones each application for development shall be accompanied by elevations, in relation to mean sea level, of the lowest habitable floor, including basement, and in the case of flood-proofed structures, the elevation to which it will be flood proofed.
(b) The Administrator shall require certification from a registered professional engineer or architect that flood proofing methods are adequate to withstand the flood depths pressures, velocities, impact, and uplift forces, and other factors associated with the regulatory flood.
(c) The application shall also contain information or certification as reasonably may be required by the Administrator in order to determine eligibility for permits or to enforce the terms of this sub-chapter.
(7) Base flood elevation. This code's protection standard is the base flood according to the best data available to the State Water Survey's Flood Plain Information Repository. Whenever a party disagrees with the best available data, he or she may finance the detailed engineering study needed to replace existing data with better data, and submit it to the state water survey.
(a) The base flood elevation for SFHA's shall be as delineated on the 100-year flood profiles in the Flood Insurance Study and dated October 15, 1981.
(b) The base flood elevation for each SFHA delineated as an AH Zone/AO Zone shall be that elevation/depth delineated on the flood insurance rate map of the county.
(c) The base flood elevation for each of the remaining SFHA's delineated as an A Zone on the Flood Hazard Boundary Map/Flood Insurance Rate Map shall be the 100-year flood depth calculated to the formulas presented in Depth and Frequency of Floods in Illinois, published by the U. S. Geological Survey, 1976.
(8) Watercourse standards. The Zoning Administrator shall notify adjacent communities and the Illinois Department of Transportation, Division of Water Resources and the Federal Insurance Administration before any alteration or relocation of a watercourse. The flood carrying capacity within the altered or relocated portion of any watercourse shall be maintained.
(9) Reports and record.
(a) The Zoning Administrator shall provide the County Board, the Illinois Department of Natural Resources, Division of Water Resources and the Federal Insurance Administration with an annual report on forms as provided the county with Federal Insurance Administration.
(b) The Zoning Administrator shall maintain the records of the first floor elevations, flood proofing certificates, all variance documents required by § 1910.6 (a) (5) and (6) of the Rules and Regulations of the National Flood Insurance Program permit applications, and all other records required the Federal Insurance Administration.
(C) New construction and substantial improvement standards.
(1) All new construction and substantial improvements to structures located in an A Zone shall.
(a) Be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure;
(b) Be constructed with materials and utility equipment resistant to flood damage;
(c) Be constructed by methods and practices that minimize flood damage to other properties;
(d) Have all structural components below the regulatory flood elevation designed to be water tight with walls substantially impermeable to the passage of water and such structural components shall be designed to resist hydrostatic and hydrodynamic loads, and the effect of buoyancy.
(2) (a) The first floor or basement of any structure including residences, to be erected, constructed, reconstructed, altered or moved within an A Zone District shall be constructed on fill with the finished surface of these floors at or above a point two feet above the regulatory flood elevation or flood profile shown on or attached to the flood plain district map for the particular area. The fill shall be at or above a point one foot above the regulatory flood elevation for the particular area and the fill shall extend at such elevation of at least 15 feet beyond the limits of any structure or building erected thereon. However, no use shall be constructed which will adversely affect the capacity of channels or flood ways of any tributary to the main stream, drainage ditch or any other drainage facility or system.
(b) Where existing streets or utilities are at elevations which make compliance with division (C)(2)(a) herein, impracticable or in other special circumstances, the Board of Appeals may recommend other flood proofing or building elevation measures in accordance with § 93.180(A)(5) in lieu of fill, provided the first floor of the building is at or above a point two feet above the regulatory flood level for the particular area. No permit under this section shall be issued where the ground adjoining a building or structure designed for human habitation is more than two feet below the regulatory flood elevation or subject to flood velocities greater than four feet per second for the regulatory flood.
(3) Commercial structures within an A Zone District generally must be constructed on fill with no first floor or basement floors point two feet above the regulatory flood elevation. Accessory and uses, such as railroad tracks and yards, parking lots may be lower elevations. However, a permit for such facilities to be used by the general public shall not be granted, in the absence of a flood warning system, if the area is inundated to a depth greater than two feet or subject to flood velocities greater than four feet per second upon the occurrence of the regulatory flood.
(4) Manufacturing and industrial buildings, structures, and appurtenant works within an A Zone District shall be flood-proofed in accordance with § 93.180(A)(5) to two feet above the regulatory flood elevations. Measures shall be taken to minimize interference with normal plant operations especially for streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be lower elevations subject to requirements set out in § 93.179(B).
(5) (a) No development in the SFHA shall create a damaging or potentially damaging increase in flood heights or velocity.
1. For development proposals located in an identified flood way or within a riverine SFHA where the floodway has not yet been identified, the following rule shall apply: The Building Official shall review the development plans to discern if:
a. A new obstruction to floodflows would be created.
b. The project will involve a channel crossing such as a bridge or pipeline.
c. The project will modify the shape of the channel.
2. If any of these three situations will result from the project, the applicant shall be required to obtain a permit from the State Department of Natural Resources, Division of Water Resources, issued pursuant to Ill. Rev. Stat., Ch. 19, § 70. The building official shall not issue a development permit unless the applicant has obtained either a § 70 permit or a waiver of a permit required from the Division of Water Resources.
3. For development proposals located in a flood fringe, AO Zone or AH Zone, identified as such on a SFHA map or in a lake-front flood plain, ponding area, area of sheet flow or other SFHA not subject to over bank flooding from an identified channel, the requirement of this division (C)(5)(a) shall not apply.
(b) No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants or other hazardous or toxic materials below the FPE, unless such materials are stored in a storage tank or floodproofed building constructed according to the requirements of division (G)(3) of this section.
(c) New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted; providing all manholes or other aboveground openings located below the FPE are watertight.
(6) No mobile home may be placed on a new site located within an identified floodway.
(D) Mobile home standards.
(1) All mobile home parks and mobile home subdivisions located in an A Zone District shall file evacuation plans indicating vehicular access and escape routes, including mobile home hauler routes, with the appropriate disaster preparedness authorities.
(2) All homes to be placed on a site located in an A Zone District shall:
(a) Have the lowest floor elevated two feet above the regulatory flood elevation;
(b) In the instance of elevation on piling, have all piling foundations placed in stable soil no more than ten feet apart, and reinforcement shall be provided for piers more than six feet above ground;
(c) Have lots of large enough permit steps to the mobile home, and have adequate surface drainage on all sides of the structure;
(d) Be placed to prevent flotation, collapse or lateral movement of the structure due to flooding;
(e) Be anchored according to the following specifications:
1. Over-the-top ties shall be provided at each of the four corners of the mobile home with two additional ties per side at intermediate locations and mobile homes less than 50 feet long shall require one additional tie per side;
2. Frame ties shall be provided at each corner of the mobile home with five additional ties per side at intermediate points and mobile homes less than 50 feet long shall require four additional ties per side;
3. All components of the anchoring system shall be capable of carrying 4,800 pounds; and
4. Any additions to the mobile home shall be similarly anchored.
(f) On holding a public hearing by the Zoning Board of Appeals, and on the final action by the County Board of Madison County, a person who is granted a special use permit for the placement of a mobile home within a flood hazard area shall be required to sign the following agreement for removal prior to making application for the building permit for the mobile home this agreement shall be binding and will apply only to the mobile homes in flood hazard areas. Stipulations will be added to the recommendation of the Zoning Board of Appeals to cover this removal and all requirements that need to be met.
AGREEMENT
WE, THE UNDERSIGNED, being the Owner of Record of the property in question and/or the authorized agent of the owner of record, hereby agree to remove the mobile home, on the property as described on the attached legal description, when duly notified by the Director of the Madison County Emergency Service and Disaster Agency, of an impending disaster. Once notified the manufactured home must be removed within seventy-two (72) hours by the owner of record of the property in question and/or his or her authorized agent. The mobile home will be moved to the following
location: , and the owner of the mobile home hereby certifies that the owner of the property in question has given his or her permission.
Failure on the part of the owner of record of the property in question and/or his or her authorized agent, to comply with this directive will result in the Madison County Building and Zoning Department having the mobile home physically removed from the property by any means available to them. This shall be done under the directive of the Administrator and/or the Building and Zoning Committee of the County Board.
The property owner will be responsible for all expenses incurred in this removal of the mobile home to a location to be selected by the Building and Zoning Committee of the County Board. The location is as follows:
Upon the issuance of an ALL CLEAR ORDER by the Madison County Director of the Emergency Services and Disaster Agency that it is safe to return, these expenses will have to be paid, prior to the mobile home being released and/or authorized agents part to comply will result in a fine of up to $200 being levied plus any costs incurred by the County.
Madison County will be hold free from any damages incurred in this removal of the mobile home, under the above noted conditions.
DATED:
SIGNED BEFORE ME THIS DAY OF , YEAR OF .
NOTARY PUBLIC
(E) Utility standards.
(1) Public utility facilities, railroad tracks, and bridges within an A Zone District shall be designed to minimize increase in flood elevations and shall be compatible with any local comprehensive flood plain development plan. Protection to the regulatory flood elevation shall be provided where failure or interruption of these public facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Where failure or interruption of service would not endanger life or health, a lesser degree of protection may be provided for minor auxiliary roads, railroads or utilities.
(2) All new construction and substantial improvements to utilities located in an A Zone shall provide that:
(a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems. New construction of, or additions and modifications to existing treatment plants shall be flood proofed in accordance with § 93.180(A)(5) to a point two feet above the regulatory flood;
(b) All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. Water or sewer systems shall be installed at such elevation as to be compatible with the first flood and basement floor elevations required in division (C)(2)(a) herein;
(c) There shall be no disposal of garbage or solid waste materials within flood plain areas except upon issuance of a special use permit at sites approved by the Illinois Environmental Protection Agency and subject to the requirements of this section. All new and replacement on site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(F) Storage or processing of materials. Storage or processing of materials within an A Zone District that are buoyant, flammable, explosive or in times of flooding could be injurious to human, animal or plant life, shall be at or above a point two feet above the regulatory flood elevation for the particular area or flood proofed to the same level in compliance with § 93.180.
(G) Subdivision and other development standards. All subdivision and other development located in an A Zone District shall provide that:
(1) All subdivision and other developments proposals shall be designed to minimize flood damage to the proposed subdivision or development site as well as other properties;
(2) All public utilities and facilities such as sewer, gas, electrical, and water systems shall be located elevated and constructed to minimize or eliminate flood damage;
(3) Adequate drainage shall be provided so as to reduce exposure to flood hazards;
(4) For any proposed subdivision or new development greater than 50 lots or five acres, whichever is the lesser, the applicant shall show the regulatory flood elevation data for each lot or platted parcel. If the regulatory flood elevation data is not available the applicant shall compute and provide this information for each lot or parcel platted greater than 50 lots or five acres, whichever is less.
(H) Flood control works. Flood control works within an A Zone District shall require a special use permit and shall comply with state law.
(1) The minimum height and design of any dikes, levees, floodwalls or similar structural works shall be based upon the flood profile of the regional flood confined between the structures subject to the following:
(a) For urban areas the minimum height and design of structural works shall be at least three feet above the elevation of the regulatory flood, as confined by structures;
(b) Modifications and additions to existing structural works shall assure that the work will provide a means of decreasing the flood damage potential in the area. Any existing structural work, which potentially threatens public health or safety, shall be modified or reconstructed in order to meet the standards contained herein within a period of six months of the effective date of this zoning code.
(2) Flood protection elevations and flood ways limits which reflect proposed measures for flood control shall not be effective until such measures are constructed and operative unless the proposed measures will increase flood heights, in which event, the regulatory flood protection elevations and flood plain limits shall reflect the anticipated increases.
(3) Detailed plans shall be submitted to the Building and Zoning Committee for any mew developments placed on the flood plain landward from dikes, floodwalls, and similar structures. The plans must provide for ponding areas or other measures to protect against flooding from internal drainage or from seep water.
(I) Disclaimer of liability. The degree of flood protection required by the zoning code is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by artificial or natural causes. This zoning code does not imply that development either inside or outside of areas designated as an A Zone District will be free from flooding or damage. This zoning code does not create liability on the part of the county or any officer or employee thereof for any flood damage that results from reliance on the zoning code or any administrative decision made lawfully there under.
(Ord. 2014-18, passed 4-16-2014; Ord. 2020-02, passed 1-16-2020; Ord. 2024-01, passed 3-5-2024)
§ 93.039 DK DARWIN-KARNAK OVERLAY DISTRICT.
(A) General. This overlay zone district is created to reflect exiting physical resource's advantages and limitations within the county. All areas identified as comprising this district has a common characteristic of wetness limitations. All areas designated on the zone district map have periodic high water tables, which can cause wet basements, seriously interfere with the operation of subsoil sewage disposal facilities, create frost heave related structural problems. These areas generally have a variety of drainage problem and may incur localized ponding problems.
(B) Conditions of use. In granting any permit the Zoning Administrator, with the approval of the Building and Zoning Committee, may require:
(1) That basements be prohibited, but if permitted shall at least be constructed with footing drains and sump pumps or the area will be filled with an earthen material to a depth that will place the basement floor at least two feet above the highest level of the water table in the natural soil.
(a) That to determine the permeability of earthen fill after it is in place, the applicant shall submit results of at least percolation tests.
(b) Any other requirements necessary to protect the public health, safety or general welfare.
(2) That the sewage disposal seepage field will lie at least four feet above the highest level of the water table in the natural soil.
(3) Anchoring of water and sewer lines to resist flotation.
(4) Subsurface drain tiles or curtain drains.
(5) That drainage from the site shall be reviewed using the standard of the county subdivision regulations, § 92.032.
(C) Permitted and special uses. This Darwin-Karnak Overlay District provides development controls in addition to those required by the primary zoning district (Agricultural, Conservation, Residential, Business, Manufacturing) and shall be used in combination with those districts. Within the limits of the Wet Soils Overlay District, all requirements of the primary district apply to this section.
(1) All uses permitted in the primary zone district which do not require a basement or subsoil sewage disposal system are permitted.
(2) Any use requiring a basement or subsoil sewage disposal system shall be a special use.
(Ord. 2014-18, passed 4-16-2014; Ord. 2024-01, passed 3-5-2024)
§ 93.040 GP GROUNDWATER PROTECTION OVERLAY DISTRICT.
(A) Purpose. The Groundwater Protection Overlay District is created to protect groundwater recharge areas for public water supplies. These areas are subject to groundwater pollution from various sources of contamination. The regulations set forth in this section will preserve the quality and quantity of groundwater resources in order to assure a safe and adequate water supply for the present and future generations, and to protect and preserve groundwater resources currently in use and those aquifers having a potential for future use as a public water supply.
(B) Definitions.
CONTAINMENT DEVICE. A device, which is designed to contain an unauthorized release, retain it for the cleanup, and prevent released materials from penetrating into the ground.
GROUNDWATER. Underground water which occurs within the saturated zone and geologic materials where the fluid pressure in the pore space is equal to or greater than atmospheric pressure.
SITE. Any location, place, tract of land, or facilities, including but not limited to buildings, and improvements used for purposes subject to regulations or control by the Act or regulations thereunder.
UNIT. Any device, mechanism, equipment, or area (exclusive of land utilized only for agricultural production).
(C) General provisions.
(1) All areas subject to regulations. All areas designated on the zone district map as a GP Groundwater Protection area shall be subject to the regulations set forth in this section.
(2) Regulations in addition to existing district regulations. All regulations in this section shall apply in addition to existing zoning district regulations, and to future rezoning of property in these areas.
(3) Most restrictive. Where the regulations of this section impose a greater restriction then that found elsewhere in this ordinance, the provisions of this section shall govern.
(4) Nonconforming use. Any nonconforming site or unit, existing upon adoption of this amendment, which does not conform to the regulations set forth in this section may continue. Any changes in the use of property must be done in full compliance with this ordinance, with the exception of fuel storage tanks for agricultural property, which may be replaced provided that the capacity of the tank does not exceed what previously existed.
(D) Ground Water Protection Zones and regulations. The following groundwater protection zone regulations are established:
(1) Zone 1 (GP-1). Area designated on zoning map as being within 400 feet of an existing or permitted community water supply well.
(a) All storage of substances listed in Exhibit 1 must have a containment device in conformity with division (E).
(b) No storage or treatment of any hazardous or special waste not generated at the site is permitted.
(c) No disposal, land treating, surface impounding or piling of any hazardous or special waste generated at the site.
(d) No land filling, land treating, or surface impounding of waste other than landscape waste and construction and demolition debris.
(e) Storage of hazardous substances is limited 75,000 pounds above ground or 7,500 pounds below ground.
(f) No abandoned and improperly plugged wells of all kinds.
(g) No drainage wells.
(h) No injection wells (including closed loop heat pump wells).
(i) No excavation of sand, gravel, or stone.
(j) Petroleum products (not specifically listed as a hazardous substance) is limited to 25,000 gallons stored above ground or more than 500 gallons below ground.
(k) No storage or accumulation of pesticides, fertilizers, or road oils for purposes of commercial application or for distribution to retail sales outlets.
(l) Not more than 50,000 pounds of any deicing agent may be stored or accumulated on site.
(m) No septic tanks are permitted.
(2) Zone 2 (GP-2). Area designated on zoning map as being within 1,000 feet of an existing or permitted community water supply well.
(a) All storage of substances listed in Exhibit 1 must have a containment device in conformity with division (E)
(b) No storage of treatment of any hazardous or special waste not generated at the site is permitted.
(c) No disposal, land treating, surface impounding or piling of any hazardous or special waste generated at the site.
(d) No disposal on site of municipal waste other than landscape waste and construction demolition debris.
(e) Storage of hazardous substances limited to 75,000 pounds above ground or 7,500 pounds below ground.
(f) No abandoned and improperly plugged wells of all kinds.
(g) No drainage wells.
(h) No injection wells (including closed loop heat pump wells).
(i) No excavation of sand, gravel, or stone.
(j) No septic tanks.
(3) Zone 3 (GP-3). Area designated on zoning map as being within the five-year groundwater capture zone.
(a) All storage of substances listed in Exhibit 1 must have a containment device in conformity with paragraph E.
(b) No abandoned and improperly plugged wells of all kinds.
(c) No drainage wells.
(E) Regulated substances. All facilities in GP Groundwater Protection Zones or uses which store, utilize, handle, treat or produce a regulated substance, as listed in Exhibit 1, must comply with the following conditions:
(1) Containment devices. The owner/operator of a facility must provide containment devices adequate in size to contain onsite any unauthorized release of regulated substances from any area where these substances are either stored, handled, treated, used, or produced. Containment devices shall prevent such substances from penetrating into the ground. Design requirements for containment devices include:
(a) The containment device shall be large enough to contain 110% of the volume of the container in cases where a single container is used to store, handle, treat, use, or produce a regulated substance. In cases where multiple containers are used, the containment device shall be large enough to contain 150% of the volume fee the largest container or 10% of the aggregate volume of all containers, whichever is greater.
(b) All containment devices shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the containment device as a result of contact with any regulated substance. If coatings are used to provide chemical resistance for containment devices, they shall also be resistant to the expected abrasion and impact conditions. Containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to allow detection and removal of the release.
(c) If the containment device is open to rainfall, then it shall be able to accommodate the volume of precipitation that could enter the containment device during a 24-hour, 100-year storm, in addition to the volume of the regulated substance storage required in division (E)(1)(a) above.
(d) Containment devices shall be constructed so that a collection system can be installed to accumulate, temporarily store, permit detection of the presence of, and permit removal of any storm runoff or regulated substance.
(e) Containment devices shall include monitoring procedures or technology capable of detecting the presence of a regulated substance within 24 hours following a release.
(2) Plan required. A regulated substances management plan indicating procedures to be followed to prevent, control, collect, and dispose of any unauthorized release of a regulated substance shall be required.
(F) Permit required.
(1) No person, firm or corporation shall commence any construction, substantial improvement, or any other developments in areas located in a GP Groundwater Protection zone without first obtaining a groundwater protection permit from the Zoning Administrator. The Administrator shall not issue a permit unless the construction, substantial improvement, or development complies with the provisions of this code.
(2) The groundwater protection permit shall include at a minimum:
(a) Name, address, and phone number of owner/operator.
(b) Property address, legal description and tax identification number of the facility.
(c) The names and volumes of all regulated substances that are store, handled, treated, used, or produced at the facility being permitted and quantities.
(d) A detailed description of the activities conducted at the facility that involve the storage, handling, treatment, use or production of regulated substances in quantities.
(e) A description of the containment devices used to comply with the requirements of this chapter.
(f) A description of the procedures for inspection and maintenance of containment devices.
(g) A description of the method for disposal of regulated substances.
(h) A copy of a site plan showing the location of the facility and its property boundaries and the locations where regulated substances are stored, handled, treated, used, produced and the location of each containment device.
(G) Reporting. The permittee shall report to the Zoning Administrator 15 days after any changes in a facility including:
(1) The storage, handling, treatment, use, or processing of new regulated substances;
(2) Changes in monitoring procedures; or
(3) The replacement or repair of any part of a facility that is related to the regulated substance(s).
(H) Exempt activities. The following are exempt from the requirements of this section.
(1) Single-family dwellings, provided that no nonfarm home business is operated on the premises.
(2) Fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle.
(3) The activities of construction repairing or maintaining any facility or improvement on lands within the GP Groundwater Protection Zone.
(4) Cleanups, monitoring and/or studies undertaken under supervision of the Illinois Environmental Protection Agency or other state regulatory Agency or the United States Environmental Protection agency.
(5) Activities specifically regulated under 35 ILL. Adm. Code 601.615, 616 and 617; 8 Ill Adm. Code 255 and 256 (Regulations for secondary containment for agricultural pesticide and fertilizer facilities) and 8 Ill. Adm. Code 257 (cooperative groundwater protection programs for agricultural chemical facilities within appropriate setback zones).
(6) The storage and handling of regulated substances for the resale in their original unopened containers of five gallons or 40 pounds or less shall be exempt from the permit requirement of this section.
(7) Minimums usage of regulated substances: Facilities that use, store, or handle regulated substances in quantities of five gallons or forty pounds or less of any one regulated substances, and in aggregate quantities of twenty gallons or one hundred pounds or less of all regulated substances, shall be exempt from the permit requirement of this section. Regulated substances intended to be used to maintain and operate farm equipment may be stored in quantities not exceeding 55 gallons per container, provided however, that the containers are stored on an impervious surface in an enclosed building.
(8) Public interest emergency use and storage of regulated substances.
(9) Regulated substances used by or for a municipality in wastewater treatment process.
(10) Fueling of equipment not licensed for street use, provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent leakage or other violations of this chapter.
(11) If the owner is granted an exception by the Illinois Pollution Control Board, such owner shall not be subject to this chapter to the same extent that such owner is not subject to the Groundwater Protection Act.
(12) If the owner is issued a certificate of minimal hazard by the Illinois Protection Agency, such owner shall not be subject to this ordinance to the same extent that such owner is not subject to the Groundwater Protection Act.
(Ord. 2014-18, passed 4-16-2014; Am. Ord. 2020- 02, passed 1-16-2020)