Madison County Unincorporated
City Zoning Code
City Zoning Code
GENERAL DEVELOPMENT
REGULATIONS
§ 93.050 PURPOSE.
§ 93.051 ACCESSORY USES.
(A) All agricultural, conservation, and residential districts.
(1) Any attached accessory building or structure shall be considered as a part of the principal building.
(2) The maximum height of any accessory buildings shall be as follows:
(a) Twenty-five feet for agricultural and conservation districts.
(b) Twenty feet for residential districts.
(3) An accessory structure shall be:
(a) A minimum distance of five feet from any other building on the property.
(b) In residential districts, a minimum distance of five feet from the side lot line and seven and one-half feet from the rear lot line. In Conservation and Agricultural Districts, a minimum of 15 feet from the side and rear lot lines. In any zoning district, accessory structures must be at least 25 feet from private roadway easements.
(c) Not in the front yard, except on an Agricultural zoned tract of land two acres or larger in size. In this case, an accessory building can be built in front of the home, or a new home may be located behind an existing accessory building. All accessory structures in an “A” Agriculture District shall be 50 feet from the front property line.
(d) On a corner lot, an accessory building may be located in the side yard adjoining the street, but must meet the primary structure front yard setbacks contained within the specific district to prevent obstructing view from the roadway, and must be behind the front line of the primary structure.
(e) Not in excess of 30% coverage of the rear yard.
(B) Manufacturing Districts and all Business Districts.
(1) The maximum height of any accessory building shall be 25 feet.
(3) No accessory building may exceed the height of the principal building.
(Ord. 2014-18, passed 4-16-2014; 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
§ 93.052 BUILDING SPECIFICATIONS.
(A) Accessory building.
(1) No accessory building shall be used for residential purposes except as otherwise permitted per the Madison County Zoning and Building Codes.
(2) A building permit may be issued for an accessory structure on a tract of ground with no primary structure if the applicant concurrently submits a building permit application for a primary structure on the same tract of ground.
(3) On non-urban tracts of land in the Agricultural District, prior to issuance of a permit for an accessory structure intended for agriculture purposes on a tract of ground with no primary structure, the applicant shall complete an agricultural exemption form confirming that the accessory structure will only be used for agriculture purposes.
(4) In the Agricultural and Residential Districts, the applicant shall submit an affidavit demonstrating that the structure will not be utilized for commercial or residential use unless otherwise authorized via a zoning certificate.
(5) Modular homes are not permitted as accessory structures.
(B) Access to public street. Except as otherwise provided for in this zoning code, every building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street, private street, or private lane, provided regulations for private streets or private lanes, as per the Madison County Subdivision Code, are met.
(C) Bulk of building. All buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks, and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with this code and all other applicable ordinances of the county.
(D) Emergency and temporary occupancy. No temporary structure (including mobile homes) shall be used or occupied for any residential, commercial or industrial use except as specifically permitted or required by this zoning code. However, the Building and Zoning Committee may, upon application therefore, permit the use for up to one year, subject to such conditions as the Building and Zoning Committee deems to be compatible with the character of the area in which the structure is located in compliance with reasonable consideration of the general health, safety and welfare. Such occupancy shall be contingent on an emergency resulting from fire, explosions, or disaster, or in conjunction with construction, demolition or related conditions.
(E) Building, maximum height and exceptions. The height limitations of this zoning code shall not apply to chimneys, water tanks, silos, parapet walls, antennas or necessary mechanical appurtenances usually carried above the roof level and structure of a similar nature.
(F) Building, one principal building per lot, yards. No part of an area, frontage or yard required for any lot, building or use for the purpose of complying with this zoning code shall be included as an area, frontage or yard for another lot, building or use. Except as otherwise specifically provided in this zoning code, only one principal building shall be permitted on a lot.
(G) Building, use and bulk. No building, structure or premises shall be used or occupied and no buildings or parts thereof or other structures shall be constructed, erected, raised, moved, placed, reconstructed, extended, enlarged or altered and no building shall be occupied by more families or persons than prescribed for the building, structure or premises for the district in which it is located and as otherwise regulated herein, except in conformity with this zoning code.
(H) Materials. No primary structure intended for residential use may have wall exteriors constructed with vertical metal panels, excluding structures within “A” Agriculture Districts on tracts of land two acres or greater in size and approved mobile homes.
(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)
§ 93.053 LOT SPECIFICATIONS.
(A) Lot, corner. For any corner lot, the front yard area shall be determined by which street is listed in the address of the property. The other yard area with road frontage shall be considered a side yard, but shall comply with the primary structure front yard setbacks contained within the specific district to prevent obstructing view from the roadway.
(B) Lot, contiguous parcels. When two or more parcels of land, each of which lacks adequate area or minimum dimensions to qualify for permitted use under the requirements of the district in which they are located are contiguous, and are held in one ownership, they shall be used as one zoning lot for such use.
(C) Lot, division of. No zoning lot shall hereafter be divided into two or more zoning lots unless all zoning lots resulting from each division shall conform with all the applicable regulations of the zoning district in which the property is located.
(D) Lot, frontage requirements. Any lot in any district shall have minimum frontage abutting a public roadway, private lane, or private street of at least 40 feet. The only exception to these requirements may be in a Planned Unit Development.
(E) Lot, record of. A parcel of land, whether subdivided and/or otherwise legally described and recorded prior to the effective date of this chapter, or approved by the county as a lot subsequent to such date and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory building and such open spaces as required by this chapter and having its principal frontage upon a street.
(F) Lot, through. For any through lot, the front yard area shall be determined by which street is listed in the address of the property. The other yard area with road frontage shall be considered the rear yard and shall comply with the rear yard setbacks contained within the specific district.
(Ord. 2014-18, passed 4-16-2014; Am. Ord. 2020- 02, passed 1-16-2020) Penalty, see § 93.999
§ 93.054 NONCONFORMING USES AND STRUCTURES.
(A) Definition. A nonconforming use is a use of land, buildings, or structures within the county that does not conform (does not meet the regulations of this zoning code in some way). A nonconforming use, buildings, or structures may often have detrimental effect on the land use around it, such as increased traffic on residential streets, not enough parking space, the emission of noxious fumes, the creation of loud noises or a depressing effect on property values. These regulations are intended to minimize or eliminate the existing or potential problems created by nonconforming uses, buildings, or structures.
(B) Continuous of nonconforming use and structures. Any nonconforming building, structure, mobile home, or use existing at the time of the enactment of this zoning code may be temporarily continued even though the building, structure or use does not conform to the provisions of this zoning code for the district in which it is located and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions of this zoning code.
(1) Any legal nonconforming building, or structure, or land use may be temporarily continued in use provided there is no structural change other than normal permitted herein.
(2) Any nonconforming building, structure, mobile home, trailer or land use shall be discontinued within five years from the adoption date of this zoning code. This time period may be extended by five years if the owner can show that the nonconforming use is in sound condition and is not causing a detrimental effect on surrounding properties.
(C) Change or extension of nonconforming use. A nonconforming use or structure shall not be extended but the extension of a conforming use to any portion of a nonconforming building shall not be deemed the extension of the nonconforming use.
(1) A nonconforming use shall not be changed to use of the same or greater nonconformity with the district regulations of the district in which is located and then changed to a use of a greater conformity shall not thereafter be changed to a use of lesser conformity; however, in the M Manufacturing Districts a nonconforming use shall not be changed to any nonconforming residential use.
(2) A nonconforming use shall not be altered, extended or restored so as to displace any conforming use.
(Ord. 2014-18, passed 4-16-2014; Am. Ord. 2016- 02, passed 2-16-2016; Am. Ord. 2020-02, passed 1-16-2020)
§ 93.055 ABANDONMENT OR DISCONTINUANCE.
When any nonconforming use of a building, structure, or part thereof has been discontinued for a period of six consecutive months this use shall not thereafter be resumed and any future use of the premises shall be in conformity with the provisions of this zoning code, provided that the nonconforming use may be resumed when the owner, during the period of discontinuance, has been actively attempting to continue the nonconforming use.
(A) Where no enclosed building is involved, discontinuance of a nonconforming use for a period of three months shall constitute abandonment, and the premises shall not thereafter be used in a nonconforming manner.
(B) Proof of fact in writing must be furnished to the Zoning Administrator by the applicant to establish intent not to abandon.
(Ord. 2014-18, passed 4-16-2014)
§ 93.056 REPAIRS, MAINTENANCE AND ALTERATION.
(A) Ordinary repairs and maintenance of a nonconforming building shall not be deemed an extension of the nonconforming building and shall be permitted.
(B) No structural alteration shall be made in building or other structure containing a nonconforming use except in the following situations:
(1) When the alteration is required by law.,
(2) When the alteration will actually result in elimination of the nonconforming use.
(3) When a building in a residence district containing residential nonconforming uses may be altered in way to improve livability, provided no structural alternation shall be made which would increase the number of dwelling units or bulk of the building.
(Ord. 2014-18, passed 4-16-2014)
§ 93.057 RESTORATION.
If a building or structure that is nonconforming or containing a nonconforming use, is damaged or destroyed by any means to the extent of 50% or more of its value at the time, or if a repetitive loss to an existing building occurs as defined in § 93.006, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than 50% of its value, based upon the prevailing costs, and is not a repetitive loss, the building may then be restored to its original condition and the occupancy or use of the building may be continued which existed at the time of the partial destruction.
(A) In the event that the Zoning Administrator's estimate of the extent of damage or fair market value is not acceptable to the applicant for the building permit to repair or reconstruct the building or structure, the applicant may appeal to the Zoning Board of Appeals.
(B) In any event, restoration or repair of the building or other structure must be started within a period of six months from the date of damage or destruction and diligently prosecuted to completion.
(C) Conditions: The Zoning Administrator may issue, or cause to be issued, a building permit if the subject matter thereof is otherwise permitted by the provisions of this subchapter, provided that the Building and Zoning Committee may impose such conditions and requirements to the issuance of the permit as are reasonably necessary to promote compatibility of the nonconforming use or building with its immediate neighborhood and to protect adjacent property from any adverse effects of the nonconforming use.
(Ord. 2014-18, passed 4-16-2014; Ord. 2024-01, passed 3-5-2024)
§ 93.058 CONVERSION TO SPECIAL USE.
A nonconforming use may be made a special use by granting a special use permit in conformity with the provisions of this zoning code.
(Ord. 2014-18, passed 4-16-2014)
§ 93.059 PERFORMANCE STANDARDS, GENERAL.
(A) Grading. Any lot shall be properly graded for drainage and maintained in good condition, free from trash and debris.
(C) Air. No obnoxious, toxic or corrosive matter, smoke, fumes or gases shall be discharged into the air or across the boundaries of any lot in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or to case injury or damage or property or business.
(Ord. 2014-18, passed 4-16-2014)
§ 93.060 PERMITTED USE AND SPECIAL USE.
When a use or accessory use is not specifically listed in the sections devoted to permitted use, special use or prohibited use for a particular classification of zoning district, it shall be assumed that the use is expressly prohibited in such a district unless:
(A) The Zoning Administrator and the Building and Zoning Committee issue a written decision determining that the use is similar to and is compatible with the uses listed in the particular district. The written decision shall become a permanent public record for subsequent administrative purposes, and the use shall be considered as being a permitted use or accessory use as if the use had been specifically listed in the particular classification of zoning district.
(B) The Zoning Administrator and the Building and Zoning Committee issue a written decision determining that the use may be necessary or desirable, but may have a potentially harmful influence on permitted uses in the particular classification of zoning districts. The written decision shall become a permanent public record for subsequent administrative purposes, and the use shall be considered as being a special use as if the use had been specifically listed in the particular classification of zoning districts.
(Ord. 2014-18, passed 4-16-2014; Ord. 2024-01, passed 3-5-2024)
§ 93.061 SEWERS, INDIVIDUAL SYSTEMS.
(A) General. In any district where an individual private sewage system is used in place of public facilities, the minimum size lot area, width and depth shall be subject to the approval of the Building and Zoning Committe of the County Board but shall not be less than 40,000 square feet. When doubt exists with the Building and Zoning Committee as to the adequacy of the soil structure of the lot to properly accommodate an individual sewage system, the Committee may require the property owner to obtain a written opinion as to the size of lot required for an individual sewage system to operate on the lot according to safe health standards and further provide that the lot size shall not endanger or compromise reasonable and similar use of adjacent properties. If the findings of the soils scientist or engineer indicate that larger lots are necessary, the Committee may require lot size in excess of the minimum area defined previously in this division.
(B) Design. The design of an individual sewage disposal system shall take into consideration location with respect to wells or other sources of water supply topography, existing individual sewage disposal systems on adjacent properties, water table, soil characteristics, available area, expected volume of domestic sewage, and shall comply with all applicable county regulations as well as those of the Illinois Department of Public Health. The Committee may prohibit installation of sewage disposal facilities requiring a soil absorption system where such systems will not function due to high ground water, flooding or unsuitable soil characteristics.
(C) Design standards. The following design standards shall also apply:
(1) No part of any drain field shall be within 100 feet of any well, lake, stream or other body of water.
(2) No septic tank shall be smaller in size than 1,000-gallons’ liquid capacity. For mobile homes a 750-gallon septic tank will be permitted.
(3) Drain fields shall not be allowed in areas over 12% slope.
(4) Drain fields shall not be constructed in areas where the ground water table (permanent, fluctuating or seasonal) may be less than four feet below the bottom of the trench or bed.
(5) Septic tanks and subsurface seepage fields or buried sand filters shall not be constructed in an area where there is less than 30 feet of soil between the lowest point in the seepage system and the top of a limestone formation.
(6) Private sewage plats for subdivisions: Sewage plat shall be required for all new subdivisions of five lots or greater that are not on sewers. Such plat shall be prepared and submitted by a licensed engineer under the engineers seal. Each plat shall include: Soil borings will be used and locations noted on private sewage plat to determine subdivision lot suitability for subsurface seepage systems. The number of borings required should be sufficient in number to satisfy the engineer that subsurface seepage type systems shall work on all lots. Each private sewage plat will identify a location on each lot that will support a subsurface private sewage system. The type of private sewage system must also be identified on the private sewage plat. In the event a lot is found incapable of supporting a subsurface private sewage system and an above ground discharge type system is proposed, a determination under the engineers seal must be included that indicates the location of the proposed discharge and that the operation or use of the above ground discharge system will not create pooling or a nuisance on adjoining lot(s). A statement shall be included on the applicability of NPDES permits for the above ground discharge of any private sewage system proposed.
(Ord. 2014-18, passed 4-16-2014; Ord. 2020-02, passed 1-16-2020; Ord. 2024-01, passed 3-5-2024)
§ 93.062 PERCOLATION TESTS.
(A) Required. Percolation tests may be required to be conducted in the presence of a designated county official and shall be required in all areas where septic tanks or other soil absorption systems proposed. Where grading is to be done, these tests shall be made in the soil after a finished grade has been constructed. At least three separate percolation tests shall be performed at the site of each proposed disposal area. More than two percolation tests will be required when the soil structure may vary or where large disposal areas are required. Preliminary tests for subdividing large tracts shall be made in the amount of one test hole per acre or as prescribed by this Department. Percolation tests shall not be made in frozen ground. The test shall not be made in filled ground unless the soil has been compacted or allowed to settle to the satisfaction of this Department.
(B) Procedure for conducting percolation tests. Percolation tests shall be performed in accordance with the following procedures:
(1) Type of test hole. Dig or bore a hole with horizontal dimensions of approximately four or six inches in diameter to the depth of the proposed seepage field or seepage bed.
(2) Preparation of a test hole. Carefully scratch the bottom and sides of the hole with a knife blade or sharp pointed instrument to provide a natural soil interface into which water may percolate. Remove all loose material from the hole. Add two inches of coarse gravel to protect the bottom from scouring and sediment.
(3) Saturation and swelling of the soil. Pre soak the hole four hours before conducting the test by carefully filling the hole with clear water to the ground surface. At the time of the test, refill the hole to a level 12 inches above the gravel. Allow the level to fall six inches and then commence measuring the drop in water level at 30-minutes’ intervals for the last six inches of seepage. The results of the percolation tests shall be given to the homeowner in writing or shall be retained by the contractor for at least five years.
(C) Recording of results. Record results of all tests as the total minutes required for the last six inches of seepage. The results of the percolation tests shall be given to the homeowner in writing or shall be retained by the contractor for at least five years.
(D) Soil classification systems. In areas where soil maps, soil charts, and soil descriptions are available, information regarding the type of soil present may be used as a guide.
(E) Calculation of seepage field area required. Subsurface seepage fields, if found to be acceptable by percolation tests, shall be designed and constructed in accordance with § 93.062(F), (G), (H).
(F) Subsurface seepage field; dosage rate.
Time required for water to fall six inches (minutes)
|
Effective absorption area required in bottom of seepage fields (square feet per bedroom)
|
Maximum rate of sewage application (gallons per square foot per day) for subsurface seepage fields, seepage beds
|
Time required for water to fall six inches (minutes)
|
Effective absorption area required in bottom of seepage fields (square feet per bedroom)
|
Maximum rate of sewage application (gallons per square foot per day) for subsurface seepage fields, seepage beds
|
30 | 130 | 2.2 |
60 | 165 | 1.6 |
90 | 210 | 1.3 |
120 | 235 | 1.1 |
150 | 265 | 1 |
180 | 290 | 0.9 |
240 | 320 | 0.8 |
300 | 350 | 0.7 |
360 | 385 | 0.6 |
(1) Absorption area is figured as trench bottom area.
(2) Over 180 is unsuitable for seepage pits.
(3) Over 360 is unsuitable for absorption systems.
(G) Minimum standard for seepage field construction.
The following are minimum standards.
Seepage Field Construction Standard
| Minimum
|
Individual lines, maximum length | 100 feet |
Trench bottom, minimum width | 18 inches |
Trench bottom, maximum width | 36 inches |
Field tile, minimum diameter | 4 inches |
Field tile lines, maximum slope | Level |
Variation of the above requirements is subject to approval by the department. | |
(H) Seepage field construction minimum standard.
(1) The following are minimum standards.
Width of trench at bottom (inches) | Recommended depth of trench (inches) | Center to center spacing tile lines* (feet) | Absorption area per lineal foot of trench (square feet) |
18 | 24 to 36 | 6 | 1.5 |
24 | 24 to 36 | 6 | 2 |
30 | 24 to 36 | 7.5 | 2.5 |
36 | 24 to 36 | 9 | 3 |
* A greater spacing is desirable where available area permits * Variation of the above requirements is subject to approval by the Department | |||
(2) These requirements for sewage disposal installations are as per the Private Sewage Disposal Licensing Act and Code, State of Illinois, Department of Public health, 1974. The remainder of the requirements can be found in this publication.
(Ord. 2014-18, passed 4-16-2014)
§ 93.063 SLOPE.
In any district where the slope of any lot exceeds 12% within 50 feet of any wall of the principal building, following additional requirements shall be met.
(A) A site plan shall be drawn at a scale of one inch equal 100 feet if possible or at a scale necessary for clarity for small parcels with contour intervals adequate to describe drainage flows and the degree of slope and the location of all buildings and structures. The principal use of the lot shall be indicated.
(B) Adequate evidence must be presented to show that undue erosion will not result from development and use of the lot. Structural, mechanical or natural cover measures shall be taken to prevent and protect any building from hillside slippage.
(C) A stable angle of recline for the properties of soil on the lot may be required.
(D) Significant changes in the natural flow of watercourses shall be prohibited or a drainage plan shall be provided.
(E) Adequate consideration shall be given to access to the property and to emergency vehicle access and turn-arounds to the principal building.
(F) Structural and mechanical devices shall be installed to provide reasonable protection against undue hazards created or caused by the development, such as fences along steep slopes, and six-inch vertical curbs on access drives for slopes of 12% and over.
(G) In no case shall any development be detrimental to adjacent properties.
(H) Before any building permit or zoning certificate shall be issued for any lot the Zoning Administrator shall review the site plan and determine that conditions imposed hereunder have been complied with.
(Ord. 2014-18, passed 4-16-2014)
§ 93.064 YARD SPECIFICATIONS.
(A) Yards, exceptions, minimum requirements. Subject to the requirements that there be a minimum distance of six feet between any point of a roof or eaves on a principal building and any point on any principal building on an adjacent lot the following exceptions shall apply:
(1) Cornices, chimneys, planters or other similar architectural features may extend two feet into a required yard.
(2) Open, enclosed, uncovered porches at ground level may extend into a required yard not more than six feet.
(3) Fire escapes may extend into a required yard not more than four feet.
(4) Patios extending into required rear yards may be covered by a roof, but shall not be enclosed by walls.
(5) Canopies, eaves, balconies, roof overhangs or other similar features not included in the foregoing parts of this section may extend into a required yard not more than four feet.
(6) Average front yard exception: Except as otherwise provided in this section, in all R, MH Districts where lots comprising 50% or more of the frontage on one side of a street between intersection streets are developed with buildings having an average front yard with a variation of not more than ten feet, the average front yard of these buildings shall be the minimum required, provided this average requirement is not less than 20 feet or more than 35 feet.
(B) Yards, existing building requirements. No yards now or hereafter provided for a building existing on the effective date of this Zoning Code shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of this zoning code for equivalent new construction except as otherwise specifically provided for herein.
(C) Yards, location, required open space. All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as the building or dwelling group unless otherwise specifically provided for herein.
(D) Yards, maintenance of courts and other open spaces. The maintenance of yards, courts, and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of the building or of the owner of the property on which it is located if the building is vacant. Furthermore, no legally required yards, courts or other open space or minimum lot areas allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.
(Ord. 2014-18, passed 4-16-2014)