Madison County Unincorporated
City Zoning Code

SUPPLEMENTARY LAND

USE REGULATIONS

§ 93.075 PURPOSE.

The purpose of this subchapter is to define regulations and standards that apply to the area, bulk, and use of specific land uses. These regulations apply in all instances of development in all zoning districts.

(Ord. 2014-18, passed 4-16-2014)

§ 93.076 REGULATIONS IN THE VICINITY OF MAJOR AIRPORTS.

The following special height limitations shall apply to areas within two miles of the boundary lines of major airports. (For the purposes of applying these regulations, the Building and Zoning Committee shall indicate which, if any airports within the county shall be designated as major.)

(A) Within 7,500 feet from the nearest airport boundary, no building, structure, object of natural growth or portion thereof, shall exceed a height above curb level of 25 feet, or one foot for each 50 feet that building, structure or object is distant from the nearest boundary or boundaries, whichever height is greater.

(B) Between 7,500 feet and two miles from the nearest airport boundary, no building, structure, object of natural growth, or portion thereof, shall exceed a height above curb level of 150 feet.

(Ord. 2014-18, passed 4-16-2014; Ord. 2024-01, passed 3-5-2024)

§ 93.077 CHURCHES AND PLACES OF FORMAL WORSHIP.

Each principal building shall be located at least 25 feet from all property lines or shall meet the zoning district yard and setback requirements, whichever is greater.

(Ord. 2014-18, passed 4-16-2014)

§ 93.078 DRILLING FOR COAL AND MINERALS.

(A) The drilling for coal, and the mining and removal thereof by underground mining methods shall be exempt from the provisions of this zoning code, and the preparation and transportation hereof shall be a permitted use in the Agriculture District, and a special use in all other districts, except that, after the effective date of this zoning code, and preparation plant erected in the Agriculture District shall be located not less than 1,000 feet from any then existing dwelling not owned by the operator of the coal mine. Prior to the beginning of any mining operations, the operator of the mine shall prepare and file with the Zoning Administrator a plat showing the location of the preparation plant and the line showing the 1,000 feet from the preparation plant. Any owner, lessee, or optionee of the site upon which a coal preparation plant and its ancillary facilities are to be located shall make application for a special use permit, subject to the other provisions of the zoning code, for the location thereof in any district other than the Agriculture District. In any district the owner, lessee or optionee shall submit plans for the treatment of mine refuse to the county for approval before the beginning of mining operations. (See § 93.098)

(B) The drilling, recovery and transportation of oil and gas, and the underground storage thereof shall be exempt from the provisions of the Zoning Code except that any and all surface installations in connection therewith shall require a special use permit in all except an Agriculture District and shall be in full compliance with the laws, rules and regulations of the State of Illinois and the United States. (See § 93.098)

(Ord. 2014-18, passed 4-16-2014)

§ 93.079 DRIVE-IN THEATERS.

In any district where drive-in theaters are permitted, the establishment of these theaters shall be subject to the following requirements:

(A) Projection screens and parking areas shall not be closer than 150 feet from any street centerline and not closer than 200 feet from any Residential District boundary.

(B) The projection surface of motion picture screens shall not be visible from any major traffic street.

(C) Loudspeakers shall be limited to the individual type, which are designed to be heard by the occupants of one car only.

(D) Entrances and exits shall connect only to arterial or collector streets and shall be designed so as not to unduly interfere with or unnecessarily impede traffic flow.

(E) Fences or appropriate plant screening as approved by the Zoning Administrator shall enclose the drive-in theater.

(F) All aisles and parking areas shall utilize, at a minimum, a dust palliative or its equivalent.

(Ord. 2014-18, passed 4-16-2014)

§ 93.080 BUFFER STRIPS, FENCES, WALLS AND HEDGE.

Buffer strips, fences, walls or hedge used for any purpose shall in all districts conform to the following:

(A) Buffer strips. Whenever a commercial or industrial district abuts a residential district, or is across a street, alley, or similar obstacle, from a residential district a buffer strip of landscaping or similar treatment shall be required.

(B) Visibility. For the purpose of minimizing traffic hazards at street intersections by improving visibility for converging vehicles, obstructions higher than two feet above the adjacent top of the curb or street elevation, whichever is higher, shall not be permitted to be planted, placed, maintained, or erected on any corner lot within the triangular portion of land designated as restricted area in Figure 1.

(C) Barbed wire. No barbed wire or other such sharp pointed fence below six feet in height and no electrically charged fence shall be erected or maintained except in Agricultural Districts.

(D) No permanent fences. No permanent fence, retaining wall, or obstruction shall be constructed or erected within any public street or alley right-of-way unless authorized by the Building and Zoning Committee. Fences erected on public easement or across ditches shall be so constructed that drainage shall not be obstructed. In the event of necessity for removal of the fence for maintenance or other purposes, removal or replacement of the fence or other improvement shall be responsibility of the owner of the fence or retaining wall.

(E) Fences are not to obstruct. No fence shall obstruct the view at a public or private road. The maximum height of any fence, or portion thereof, shall be six feet unless otherwise specifically exempted by another provision of this code. No fence is permitted in a front yard, or a front yard setback area, unless it is of an open type, at least 50% open, and does not exceed four feet in height. The finish side of any fence shall face outward toward adjacent properties.

(F) Dismantling fencing; removal. When dismantling a fence, all components of the said fence shall be removed.

(G) Double fencing. Double fencing is not permitted. A gap of at least two feet shall be provided between any two parallel fences.

(H) Permitted fencing materials.

(1) Residential and Agricultural Zoning District. Wood; vinyl; rod iron; composite; chain link. Construction fencing may be utilized during the construction of an improvement or structure and shall be removed two months after completion.

(2) Commercial and Manufacturing Zoning District. Wood; vinyl; rod iron; composite; chain link; corrugated metal; any other materials will be subject to approval by the Zoning Administrator.

(Ord. 2014-18, passed 4-16-2014; Ord. 2024-01, passed 3-5-2024)

§ 93.081 VEHICLE REPAIR STANDARDS.

(A) Hobby, personal automotive repair. Hobby or personal vehicle repair shall be permitted in agriculture and all residential districts. There shall be no signage, roll off dumpsters, or other fixtures associated with commercial operations. There shall be no employees and no traffic generated by the activity. The owner shall provide adequate disposal of oil, parts, chemicals, and scrap. The use shall not create nuisances including but not limited to, noise, light, air, and/or any other emissions. Hours of operation shall be 7:00 a.m. to 10:00 p.m. Monday through Sunday. No more than two vehicles may be repaired at any given time. There shall be no use of right of way for repair or storage. In cases where repairs require longer than one week to complete, the vehicle must be stored within a fully-enclosed structure or private garage.

(B) Commercial automotive repair. In all commercial automotive repair garages all repair work, servicing and storage of parts and equipment for vehicles, auto body, and similar uses shall be done completely within an enclosed building or shall be enclosed by a solid fence at least eight feet in height, or a planting of at least ten feet in depth and eight feet in height, or as approved by the Zoning Administrator. All operations must comply with all other applicable provisions of this chapter.

(Ord. 2014-18, passed 4-16-2014)

§ 93.082 GASOLINE SERVICE STATIONS.

In districts where gasoline service stations are permitted the establishment of these uses shall be subject to the following requirements:

(A) All gasoline pumps, lubrication or similar devices and other service facilities shall be located at least 25 feet from any street right-of-way line or side or rear lot line.

(B) No access drive shall be within 200 feet of a fire station, school, public library, church, park or playground.

(C) All devices for dispensing or selling of milk, ice, cold drinks, and the like shall be located within or adjacent to the principal building.

(D) Whenever a gasoline service station has been abandoned, all underground storage tanks shall either be removed or filled with some acceptable material approved by the Zoning Administrator. A gasoline service station shall be considered abandoned when the owner, tenant or lesser has not sought to continue the use for a period exceeding 12 months.

(E) All waste and trash receptacles shall be in a screened enclosed area except for minor receptacles adjacent to gasoline pumps.

(Ord. 2014-18, passed 4-16-2014)

§ 93.083 HOME OCCUPATIONS.

(A) General requirements. All home occupations shall be subject to the following requirements unless otherwise noted:

(1) This use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character thereof.

(2) The home occupation shall be no larger than one-fourth of the gross floor area of dwelling’s first story, or within an accessory building with an area not more than 300 square feet.

(3) There shall be no retail sales or displays, including selling stocks of merchandise, supplies, or products on-site.

(4) There shall be no exterior storage of equipment. All equipment, supplies and materials used for the business must be stored entirely within the dwelling or an accessory structure.

(5) There shall be no offensive noise, vibration, lighting, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

(6) A home occupation shall provide an additional off-street parking area adequate to accommodate needs created by the home occupation. This parking shall be provided on the same lot as the home occupation.

(7) A home occupation shall only be granted to the current owner or lessee of a property and is nontransferable.

(8) Agricultural uses shall not be considered a home occupation. Agriculture uses that are permitted by right are not affected by this section.

(9) Signage. A sign up to six square feet in size is permitted on the property where a home occupation is located. The sign may be located on or near the home. On properties two acres or greater in size, the sign shall be located at least 30 feet from the front property line. On properties smaller than two acres, the sign shall be located within 15 feet of the home. Signs must be consistent with neighborhood and general area aesthetic and signs, including surrounding landscaping, must be properly maintained.

(B) Type “A” home occupation. A Type “A” home occupation is an operation in which the residents use their home as a place of work, but no customers or non-resident employees come to the site. A Type “A” home occupation must meet all of the general rules for home occupations, but does not require a special use permit. In addition to the general zoning ordinances required of all home occupations, the following special criteria are required to meet a Type “A” home occupation status:

(1) Permitted Type “A” home occupations. Type “A” home occupations include, but are not limited to. the following list of occupations. Others judged similar or identical thereto by the Zoning Administrator may be considered a Type “A” home occupation. Uses that are not similar or identical to any listed permitted Type “A” home occupation, as determined by the Zoning Administrator, shall be considered prohibited.

(a) Home crafts;

(b) Federally licensed firearm dealership;

(c) Professional service offices, such as architects, engineers, lawyers, realtors, insurance agents, brokers, and members of similar professions;

(d) Internet based businesses, data entry, and similar computer work;

(e) Catalogue sales for goods, products, or materials not inventoried, warehoused, or stored on the premises are permissible;

(f) Home kitchen operation in compliance with the Illinois Food Handling Regulation Enforcement Act [410 ILCS 625/3.4];

(2) Employees. All non-resident employees are prohibited.

(3) Customers. Customers, clients, or visitors related to the home occupation are prohibited.

(4) Parking/traffic generation. There shall not be additional off-street parking or traffic generation related to the home occupation.

(5) Deliveries. Delivery of products and materials related to the home occupation by vehicles other than automobiles shall occur no more than once per day, between the hours of 8:00 a.m. and 6:00 p.m. and shall regularly occur only in single rear axle straight trucks or smaller vehicles customarily used to serve residential areas.

(C) Type “B” home occupation. A Type “B” home occupation is an operation in which the residents use their home as a place of work that involves employees and customers who visit the property. This type of home occupation shall require a special use permit, and shall be subject to the following requirements:

(1) Permitted Type “B” home occupations. Type “B” home occupations include, but are not limited to. the following list of occupations. Others judged similar or identical thereto by the Zoning Administrator may be considered a home occupation. Uses that are not similar or identical to any listed permitted home occupation, as determined by the Zoning Administrator, shall be considered prohibited.

(a) Home crafts;

(b) Professional service offices, such as architects, engineers, lawyers, realtors, insurance agents, brokers, and members of similar professions;

(d) Music teachers, provided that instructions shall be limited to one pupil at a time;

(e) Counseling, provided that sessions shall be limited to one pupil at a time;

(f) Tutoring, provided that sessions shall be limited to one pupil at a time;

(g) The keeping of not more than two roomers or boarders provided maximum occupancy requirements are satisfied;

(h) Hair salon, beauty parlor, and barber shops;

(i) Catalogue sales for goods, products, or materials not inventoried, warehoused, or stored on the premises are permissible.

(2) Employees. Shall employ no more than one full-time or part-time employee on the site other than the residents of the dwelling unit.

(3) Customers. Customers are permitted to visit the site between the hours of 7:00 a.m. and 9:00 p.m. for business related activity or transactions.

(4) Parking and traffic generation. All parking required for the conduct of the home occupation shall be off-street. No home occupation shall increase vehicular traffic flow or parking by more than one additional vehicle at a time for customers or deliveries (excluding one nonresident employee space, if applicable). Not more than one commercial vehicle shall be permitted in connection with any home occupation and such vehicle shall be stored in a fully enclosed structure.

(D) Prohibited uses. Notwithstanding anything to the contrary in this chapter, the following uses are specifically prohibited as home occupations:

(1) Tattoo parlors, including permanent make-up;

(2) Automotive repair with the exception of activities authorized in § 93.081(A) Hobby, personal automotive repair;

(3) Clinics or hospitals:

(4) Contractor’s shop and yard;

(5) Junkyards, automobile graveyards, and tow truck storage yards;

(6) Solid waste management facilities;

(7) Used or new motor vehicle sales;

(8) Veterinary clinics or hospitals:

(9) Funeral chapels, funeral homes, mortuary, or crematoriums;

(10) Restaurants, clubs, or drinking establishments;

(11) Tea room;

(12) Tourist home;

(13) Antique shop;

(14) Nursing home;

(15) Manufacturing or processing;

(16) Other activities and land uses which the Zoning Administrator determines to be substantially similar in character, nature, intensity, or impact to the activities listed above.

(E) Revocation. Any property that is deemed to be subject to revocation shall follow the procedures outlined in § 93.182 Revocation; expiration.

(Ord. 2014-18, passed 4-16-2014; Ord. 2014-14, passed 11-19-2014; Ord. 2017-02, passed 6-1-2017; Ord. 2024-01, passed 3-5-2024)

§ 93.084 HOSPITALS AND SANITARIUMS.

In any district where hospitals and sanitariums are permitted the following requirements shall be met:

(A) The minimum site for any hospital or sanitarium shall be five acres, provided that for a hospital or sanitarium containing more than 50 beds, the minimum site shall be the greater of: five acres, or the number of acres determined by the following formula:

((Number of Beds) x (% of Total Floor Area at Ground Level))/ 500 = Site Size in Acres

(B) All principal buildings shall be located at least 25 feet from all lot lines.

(Ord. 2014-18, passed 4-16-2014)

§ 93.085 JUNK YARDS, AUTOMOBILE SALVAGE YARDS, OR STORAGE POOLS.

In any district where junk yards are permitted the establishment or maintenance of these uses shall be subject to the following requirements:

(A) All storage of parts and equipment and the dismantling of vehicles shall be done within a completely enclosed building or within an area enclosed by a solid fence not less than ten feet in height and expected to attain a height of at least 20 feet.

(B) Any junkyard shall be located not less than 500 feet from any residential district boundary.

(C) All activities and operation, including the storage of automobiles or related vehicles, shall be within an area that is completely enclosed by a fence in good repair, constructed so as to be reasonably insurmountable by children.

(1) This fence shall be:

(a) Of solid board;

(b) Welded wire; or

(2) This fence shall be at least ten feet in height, and no salvaged or stored material shall be stored within the confines of the fence to a height greater than the height of the fence.

(3) Each automobile wrecking yard shall be screened as required by Illinois Vehicle Code and all other applicable State Statutes.

(4) All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects, or other vermin and also the collection of stagnant water shall not exist.

(D) The property must be on public sewers. Private sewage systems are not permitted for hospitals or sanitariums.

(Ord. 2014-18, passed 4-16-2014; Ord. 2016-02, passed 2-16-2016; Ord. 2024-01, passed 3-5-2024)

§ 93.086 LIGHTING CONTROLS.

Any light used for the illumination of signs, parking areas, swimming pools, or for any other purpose shall be arranged in such a manner as to direct the light away from neighboring residential properties and away from the vision of passing motorists.

(Ord. 2014-18, passed 4-16-2014)

§ 93.087 MOBILE HOME, PARKING FOR INSPECTION AND SALES.

A mobile home may be parked for inspection and sale on any automobile or trailer sales lot but mobile homes shall not be parked for inspection and sales to the general public within any mobile home park.

(Ord. 2014-18, passed 4-16-2014; Am. Ord. 2020- 02, passed 1-16-2020)

§ 93.088 NURSERY SCHOOLS.

In any district where nursery schools are permitted, the following requirements shall be met:

(A) For each child at east 50 square feet of floor space shall be provided in addition to that provided for sleeping purposes.

(B) For each child at least 100 square feet of outdoor, enclosed (fenced) play area shall be provided.

(Ord. 2014-18, passed 4-16-2014)

§ 93.089 NURSING AND REST HOMES.

In any district where nursing homes are permitted, the following requirements shall be met:

(A) The minimum site for any nursing home shall be two acres, provided that for a nursing home containing more than 40 beds the minimum site area shall be the greater of : Two acres, or the number of acres determined by the following formula.

((Number of Beds) X (% of Total Floor Area at Ground Level))/ 2,000 = Site Size in Acres

(B) All principal buildings shall be located at least 25 feet from all lot lines.

(D) The property must be on public sewers. Private sewage systems are not permitted for nursing or rest homes.

(Ord. 2014-18, passed 4-16-2014; Ord. 2024-01, passed 3-5-2024)

§ 93.090 PLANT NURSERIES AND GREENHOUSE.

In any district where tree and plant nurseries and greenhouses are permitted the establishment of these uses shall be subject to the following requirements:

(A) No fertilizer, compost, manure or other odor or dust producing substance shall be stored within 50 feet from any property line.

(B) Greenhouse heating plants shall be in an enclosed building and shall not be less than 50 feet from any property line.

(Ord. 2014-18, passed 4-16-2014)

§ 93.091 PUBLIC BUILDINGS.

In any zone district where publicly-owned office or governmental building, other than the county's are permitted there shall be no permanent storage of heavy construction or maintenance equipment (such as excavating, road building or hauling equipment) unless in an enclosed building or enclosed within a live planting screen and fenced as approved by the Building and Zoning Committee. These storage areas, maintenance yards, or storage warehouses shall be located at least 15 feet from any property line.

(Ord. 2014-18, passed 4-16-2014; Ord. 2024-01, passed 3-5-2024)

§ 93.092 PUBLIC UTILITY STATIONS, EXCHANGES AND ESSENTIAL SERVICES.

Electrical substations, gas regulator stations, telephone exchange facilities, sewage treatment plants, water storage facilities, or similar facilities in any Residential Zone District shall meet all requirements and in other zone districts shall meet all requirements except divisions (A) and (E) of this section and may be required to meet division (G) of this section. A special use permit shall be required.

(A) No public office, principal repair, or storage facilities shall be maintained in connection with such substations or exchanges.

(B) The building housing any such facility shall be designed and constructed to conform to the general character of the neighborhood.

(D) Where all facilities and equipment are entirely within completely enclosed building, the minimum lot shall be as follows: lot width shall not be less than the total width of the building plus the total of the minimum required side yards; lot depth shall not be less than the depth of the building plus the minimum required front yard plus the five-foot minimum rear yard.

(E) Where facilities or equipment are located outside the completely enclosed building, no facilities or equipment shall be located closer than 15 feet to any side or rear lot line.

(F) If transformers are exposed, there shall be provided an enclosing fence or wall at least eight feet in height.

(G) All parcels or lots on which substations, exchanges, equipment or transformers are located shall meet the following minimum landscaping standards: a planting screen of at least one foot in depth and expected to reach a height of a least ten feet shall be provided and maintained.

(H) All utilities shall file a letter of intent for maintenance schedules and procedures at the time of application.

(Ord. 2014-18, passed 4-16-2014)

§ 93.093 SANITARY LANDFILL AND LANDFILL.

In any zone district where sanitary landfill is permitted, the following additional requirements shall apply:

(A) A special use permit for any landfill operation shall be required. The following plans shall be required for any sanitary landfill operation and may be required for other landfills.

(B) Maps of the site at a scale of one-inch equals 200 feet or a smaller scale if necessary for clarity. If map size would exceed 36 inches, the next appropriate map scale may be used.

(C) Existing topography of the site at ten-foot contour intervals, spot elevations in places too flat to be adequately defined by contours, and all natural features such as natural watercourses and drainage ways.

(D) Ownership of the subject property and the abutting properties.

(E) The present use of the land and of adjoining land.

(F) A statement from a qualified soil scientist, geologist, or engineer stating the expected severity of ground water or surface water pollution that will be generate, shall be required for sanitary landfill operations.

(G) A section of the plan shall be devoted to the reshaping, final grading, and expected drainage pattern of the site when completely filled. This section shall include map showing final contours at intervals of not more than ten feet and spot elevations in place too flat to be adequately defined by contours.

(H) Final grading shall be implemented concurrently with landfill operations. The landfill plan shall designate which sections of the landfill parcel will be filed and final graded to accomplish concurrent implementation of the final plan with ongoing landfill operations. Those sections that are final graded shall be immediately seeded with foliage or grasses capable of minimizing erosion and preventing the siltation of streams.

(I) The sanitary landfill site shall be completely fenced with a solid or wire mesh fence not less than six feet in height and, if wire, with mesh small enough to prevent windblown landfill materials from escaping the site.

(J) All topsoil shall be stored and retained on the site and re-spread during final grading of the site.

(K) The plan shall provide that the land can be readily used for urban or agricultural purposes after the landfill operation has ceased.

(L) A performance bond equal to the amount of the assessed valuation for the property for the purposes shall be posted with the county to insure reshaping of the topography in conformance with the plan. If the sanitary landfills to be conducted on only a portion of the total parcel at any one time the portion to be used may be so designated on the plan and the performance bond posted for the part or parts to be so used.

(M) No sanitary landfill shall be operated within 1,000 linear feet of any R Residential District or any existing residential subdivision except when most unusual circumstances exist.

(N) A permit from the Illinois Environmental Protection Agency shall be required.

(Ord. 2014-18, passed 4-16-2014)

§ 93.094 SCHOOLS, PRIVATE AND PAROCHIAL.

In any district where private or parochial schools are permitted, the following additional requirements shall be met:

(A) The site shall have a minimum of four acres and one additional acre for each 150 pupils in excess of 200.

(B) Each principal building shall be located at least 25 feet from all property lines.

(Ord. 2014-18, passed 4-16-2014)

§ 93.095 SURFACE MINING.

The following are requirements for surface mining of minerals such as coal, gravel, sand, limestone, soil and related minerals. These regulations are designed to protect the health, welfare and safety of county citizens; to conserve the tax base of the county; to protect its economic stability; and to prevent degradation of the natural environment.

(A) County permit required.

(1) County surface mining permits are required whenever state surface mining permits are required, and additionally are required whenever surface mining activities are conducted on tracts of less than ten acres.

(2) The applicant shall submit a copy of the state application and all information submitted to state in support of its application.

(B) State permit required. The applicant shall not begin any mining operations until the State of Illinois has issued the appropriate mining permit, copy of the permit has been submitted to the county and a county permit has been obtained.

(C) Bond. The applicant shall submit an estimate of reclamation costs per ace for all surface mining proposed (in this permit application) in a calendar year and shall give the county performance bond equal to any anticipated costs in addition to $600 per acre. If the estimated costs are disputed by the county, the applicant shall furnish actual reclamation costs or completed projects and a determination shall be made by the county for the amount of the performance bond required. The bond shall be recalculated annually and adjusted as required. Bond or escrow funds may be used and shall comply with the subdivision code of the county.

(D) Land to be reclaimed for row crop agriculture. Where the county determines that the affected land was used for row crop agricultural purposes at any time within five years before mining, the affected land shall be graded to the approximate original grade of the land.

(E) Minimum earth cover. It has been determined that soil depths exist in excess of four feet, with the exception of rock outcrops and other minor areas, throughout the county. Therefore, a soil cover of a minimum of four feet shall be placed on all reclaimed lands, not left in water bodies, except for row crop lands which shall have minimum soil cover of six feet to insure oil depth necessary for various crop rotations.

(F) Top soil. On any lands that are surface mind, topsoil shall be removed prior to mining and re-spread during reclamation.

(G) Original grade. The slope of affected lands need not be reduced to less than the original grade of the overburden of that area prior to mining but shall not exceed the original slope by more than 10% except for approved areas reclaimed for recreational, forestry, wildlife uses.

(H) Additional requirements. The County Board may in its discretion require additional requirements where warranted.

(Ord. 2014-18, passed 4-16-2014) Penalty, see § 93.999

§ 93.096 SWIMMING POOLS.

A public or private swimming pool in any zone district shall not be located in the required front yard area and must adhere to accessory structure setback requirements for the district in which it is located (see § 93.051). All swimming pools of more than two feet in depth shall have an obstacle of at least four feet in height around the pool, which may be a fence or other approved obstacle (see § 93.080). Automatic pool covers that comply with ASTM F1346 are a permitted barrier for in-ground pools. Partially-in-ground pools must have a four foot high barrier on all sides, or an automatic pool cover that complies with ASTM F1346.

(Ord. 2014-18, passed 4-16-2014; Ord. 2017-02, passed 6-1-2017; Ord. 2024-01, passed 3-5-2024)

§ 93.097 TRAILERS AND RECREATIONAL VEHICLES.

(A) Agricultural Districts.

2024 S-4

158 Madison County - Land Usage

(1) All provisions within this section may be exempt for agricultural purposes with the approval by the Zoning Administrator at the direction of the Building and Zoning Committee.

(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 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.

(3) A maximum of four large transport trailers shall be permitted on lots larger than ten acres which shall be parked at least 100 feet or greater from the front, side, and rear yard setback.

(4) Commercial trailers are prohibited with the exception of those used exclusively for agricultural purposes, including livestock, grain, fertilizer and any other agriculture related cargo.

(5) No recreational vehicle or trailers shall be parked on any public street or right-of-way except those temporarily parked while actively loading or unloading for a period of time not to exceed 48 consecutive hours in any one-week period provided that the normal traffic flow is not interrupted.

(6) Trailers shall not be used for advertising purposes.

(B) Residential Districts.

(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) Recreational equipment or trailers shall be parked on a paved or graveled all-weather surface.

(3) No recreational equipment or trailers shall be parked on any driveway, street or adjacent right-of-way except those temporarily parked while actively loading or unloading for a period of time not to exceed 48 consecutive hours in any one-week period.

(4) Recreational vehicles or trailers shall not be used for advertising purposes.

(5) Residential trailers shall not impede safe entry to or exit from any house and does not inhibit emergency access to and from any structure.

(6) Large transport trailers are prohibited.

(1) A large transport trailer, recreational vehicle, and utility trailer shall be allowed on a commercial property and shall not be placed in the required designated parking area for the business.

(2) No recreational vehicles or trailers shall be parked on any drive aisle, public, street or adjacent right-of-way except those temporarily parked while actively loading or unloading for a period of time not to exceed 48 consecutive hours in any one week period.

(3) Recreational vehicles or trailers shall not be used for advertising purposes.

(Ord. 2014-18, passed 4-16-2014; Ord. 2024-01, passed 3-5-2024)

§ 93.098 MINING REFUSE REGULATION.

Mine refuse from surface, slope, shaft, pit and similar mining methods shall be treated, reclaimed and re-vegetated as provided for in the:

(A) Rules and Regulations Pertaining to The Surface Mined Land Conservation and Reclamation Act, State of Illinois, Department of Mine and Minerals; and

(B) Chapter 4, Mine Related Pollution, Pollution Control Board, State of Illinois.

(C) These rules and regulations as adopted, amended, supplemented, and revised from time to time are hereby adopted and made a part of this zoning code as if fully set out in this zoning code.

(Ord. 2014-18, passed 4-16-2014)

§ 93.099 TELECOMMUNICATION FACILITIES.

In any district where a telecommunication facility is erected, the establishment of these uses shall be subject to the following requirements:

(A) Setbacks. All improvements and equipment of the facility shall, at a minimum, comply with the following setbacks. Setbacks shall be measured from the center of the base of the tower to the property line:

(1) Residential Zoned Districts. 50% of the height of the tower.

(2) All other zoned districts. 100% of the height of the tower.

(B) Variations in height restrictions. Variations may be requested to exceed the limits set forth in this section. Variances may only be approved by the Zoning Board Appeals and the County Board as allowed in § 93.177(K) of this chapter. Variances may also be granted for residential zoned lots, being used for residential purposes, of less than two acres provided the requirements of § 93.177(K) are also met.

(C) Grandfathered structures. Any existing telecommunication facility is grandfathered under these regulations. In addition, any Grandfathered structure may be modified, provided the height of the existing facility or a replacement facility may not be made more than 15 feet higher than the height of the existing structure.

(D) Other requirements.

(1) No part of the facility (building or tower) should encroach onto any recorded easement without approval of the easement grantee.

(2) Lighting should be installed for security and safety purposes and, with the exception of FAA and FCC required lighting, shielded to prevent glare from extending substantially beyond the boundaries of the facility.

(3) No encroachment onto an existing septic field.

(4) Full compliance with flood plain regulations found in § 93.038.

(5) Trees in excess of three inches in diameter, measured 24 inches from the base, shall be preserved when possible. Any trees meeting this size requirement and destroyed or removed must be replaced. A tree removal/replacement plan must be approved by the Zoning Administrator.

(6) All facilities, located in a residential zoning district or adjoining a residential use, must be enclosed with a fenced and screened. The fence shall be at least six feet in height and must be of a solid screen type. A landscaping buffer must be planted on sides of the facility that abuts a residential use or a public roadway. The buffer must contain evergreen type trees, a minimum of five feet in height when planted, of a species that will grow a minimum of 15 feet in height, and planted fifteen feet off center. The landscaping buffer is not required in the area of the gate.

(7) Any building that is part of the facility that is adjacent to a residentially zoned lot shall be designed with exterior materials and colors that are reasonably compatible with the residential character of the area. An architectural plan, including elevations, shall be approved by the Zoning Administrator for these structures.

(8) The facility is exempt from all area/bulk regulations of the zoning district it is located in, unless required in this section.

(9) In choosing a location for a facility, a telecommunications carrier shall consider the following:

(a) A non-residentially zoned lot is the most desirable location.

(b) A residentially zoned lot that is not used for residential purposes is the second most desirable location.

(c) A residentially zoned lot that is two acres or more in size and is used for residential purposes is the third most desirable location.

(d) A residentially zoned lot that is less than two acres in size and is used for residential purposes is the least desirable location.

(E) Height. All telecommunication facilities must comply with the following height requirements:

(1) Agricultural and Conservation Districts. Tower height not to exceed 200 feet.

(2) Residential Districts. Tower height not to exceed 75 feet.

(3) Business and Manufacturing Districts. Tower height not to exceed 200 feet.

(Ord. 2014-18, passed 4-16-2014; Ord. 2024-01, passed 3-5-2024)

§ 93.100 DOMESTIC FARM ANIMALS.

The purpose of this section is to provide supplemental regulations for the keeping of honeybees, chickens (hens only), and dwarf goats in Madison County. A property is exempt from the domestic farm animal supplementary regulations if a property is exclusively tied to a farm operation or the primary occupation of the property owner is agricultural farming.

(A) Conditions for keeping bees. The purpose of this section is to create appropriate regulations for the keeping of domestic honeybees and is not intended to create regulations for the commercial sale or distribution of bees, beeswax, honey, or bee by-products.

(1) In Residential Zoning Districts, the keeping of bees is prohibited without a special use permit and unless compliance with all of the conditions required by this section are maintained. A permit shall allow a maximum of three colonies of domestic honeybees.

(2) Beekeeper shall be in compliance with the Illinois Bees and Apiaries Act (510 ILCS 20) and shall register the colony with the Illinois Department of Agriculture.

(3) Colonies shall not be located in the front yard setback area.

(4) Colonies shall be at least 20 feet from side and rear property lines.

(5) Colonies shall be screened so that the bees surmount a six-foot flyway barrier, which may only consist of a solid wall, fence, dense vegetation, or combination of these materials, before leaving the property.

(6) There shall be no outdoor storage of any bee paraphernalia or hive materials not being used as a part of a hive.

(7) Beekeeper shall keep each colony in a hive structure that is maintained in sound and usable condition.

(8) Beekeeper shall ensure that a convenient source of water is available at all times to bees so that bees will not congregate at a neighboring water source. The water shall be maintained so as not to become stagnant.

(9) Beekeeper shall store or dispose of bee comb or other material removed from a hive in a sealed container, building, or other bee-proof enclosure.

(10) For each two colonies, there may be maintained one nucleus colony in a hive structure.

(11) Bee keeper shall immediately replace the queen in a colony that exhibits aggressive characteristics, including stinging or attempting to sting without provocation, or a disposition towards swarming. A beekeeper required to replace a queen under this division (A)(11) shall select the replacement from bee stock bred for gentleness and non-swarming characteristics.

(12) In the event any bees from colonies shall threaten the safety of adjoining residents or the reasonable use of adjoining premises, such shall constitute a nuisance and be cause for removal of all hives from the offending premises.

(13) Madison County Code Enforcement Officials and government health officials, or their designees, may inspect the conditions where the bees are kept at any time during regular business hours.

(14) ln "A" Agricultural Districts, the keeping of not more than five 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 this section. Permitted accessory use on non-urban, residential tracts of land between two and five acres in size.

(B) Conditions for keeping chickens. The purpose of this section is to create appropriate regulations for the keeping of chickens as pets and/or a personal food source. The purpose of this section is not to create regulations for the commercial sale or distribution of chickens or eggs.

(1) For the purposes of this section, the term CHICKEN includes only hens. Roosters are prohibited.

(2) In Residential Zone Districts, refer to the applicable zoning code section for requirements and limitations related to the number of and circumstances under which chickens may be kept. 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.

(3) Owner shall register with the Illinois Department of Agriculture Livestock Premises Registration, and must have proof of registration on-site.

(4) A chicken coop and chicken run shall be required on all properties where chickens are kept.

(5) The chicken coop shall accommodate all chickens permitted on the property, must be located in the rear yard, and must be a minimum distance of 20 feet from the nearest property line.

(6) All chicken runs shall be located in the rear yard, be appropriately fenced to prevent the chickens from leaving the run, provide 16 square feet of permeable land for each chicken, and be located at least 20 feet from the nearest property line.

(7) Free range chickens are not permitted. FREE RANGE CHICKENS, for the purpose of this section, are defined as chickens that are not restrained by a chicken coop or chicken run as permitted and approved pursuant to this section.

(8) A metal sealable food container is required. Chicken feed shall be kept in a predator-proof/rodent-proof container.

(9) Waste material must be disposed of in a manner that will not cause odor, or attract flies or vermin.

(10) All areas where chickens are kept shall be maintained to be neat and clean and free of undue accumulation of waste to prevent odors detectable on adjacent properties.

(11) No person shall allow chickens to produce noise loud enough to disturb the peace of persons in surrounding properties.

(12) The owner of the chickens shall ensure that their birds are cared for properly when ill and disposed of in a manner that does not endanger the public health and safety when their birds die.

(13) The slaughtering of chickens kept in residential areas as authorized by these regulations shall be done within an enclosed structure out of public view.

(14) No chickens may be kept or maintained to be used for the purpose of fighting.

(15) Madison County Code Enforcement Officials and government health officials, or their designees, may inspect the conditions where the chickens are kept at any time during regular business hours.

(16) In “A” Agricultural Districts, refer to the applicable zoning code section for requirements and limitations related to the number of and circumstances under which chickens may be kept. 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.

(C) Conditions for keeping goats. The purpose of this section is to create appropriate regulations for the keeping of goats as pets. For the purpose of this section, the term GOAT refers to does and wethers (neutered males).

(1) In Residential Zone Districts, the keeping of goats is prohibited without a special use permit and unless compliance with all of the conditions required by this section are maintained. A permit shall allow up to two goats.

(2) No intact male goats older than six weeks may be kept.

(3) There must be at least 130 square feet of permeable land area available for each goat, plus adequate shelter space for each goat.

(4) Adequate shelter must be provided to protect goats from the elements and to prevent wildlife or other predators from gaining entry (see § 93.051).

(5) Adequate fencing shall be provided to prevent goats from escaping when not in their shelters.

(6) In "A" Agricultural Districts, the keeping of 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 this section. Permitted accessory use on non-urban, residential tracts of land between two and five acres 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.

(Ord. 2014-18, passed 4-16-2014; Ord. 2014-15, passed 11-19-2014; Ord. 2016-02, passed 2-16-2016; Ord. 2017-02, passed 6-1-2017; Ord. 2024-01, passed 3-5-2024)

§ 93.101 MOBILE HOMES.

(A) Placement of a mobile home.

(1) A special use permit (SUP) shall be required for locating a new or used mobile home in any zoning district. Identifying information including, but not limited to, the name of the property owner and occupant of the manufactured home shall be provided at the time of application in addition to the submittal requirements of § 93.162.

(2) A SUP shall not be required for locating a new or used mobile home within a (R-6) Mobile Home Park District. Also, a SUP shall not be required in (R-7) Planned Residential Districts and (PD) Planned Unit Development Districts when mobile homes are specifically listed as a permitted use.

(3) A building permit is required through the Building and Zoning Department for the placement of any mobile home in any district and shall be in compliance with division (B) below.

(B) Building standards.

(1) Foundations and footings.

(a) 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.

(b) Foundations and footings may consist of the following:

1. 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.

2. 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.

(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.

(2) Skirting and tie downs. Mobile homes shall have a skirting of a fire resistant material and have at least two inspection doors.

(3) Sewage disposal requirements. A mobile home is required to be on a sewage disposal system. No private sewage system shall be smaller in size than 750-gallons’ liquid capacity.

(4) Electrical requirements. Any mobile home shall have a minimum of 100-amp service.

(5) Off-street parking and patio pad requirements. All mobile homes shall provide off-street parking for at least two cars 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. The pad shall also be poured concrete at least four inches thick.

(C) Continuance of an existing mobile home. Special use permits (SUP) are valid for five years. After the five years has expired, the property owner may renew the SUP by performing one of the following:

(1) SUP renewal hearing. The property owner shall apply for another SUP hearing in order to continue the placement of the mobile home for another five years.

(2) Administrative extension.

(a) The owner shall schedule an inspection with the Planning and Development Department to inspect the status of the mobile home. If upon inspection the entire property is in conformance with the property maintenance code and the condition of the mobile home is in compliance with § 93.100(B), the Zoning Administrator may grant a continuance of the SUP for a period not to exceed five years.

(b) If there are outstanding violations on a property or the property is considered a nuisance, the Zoning Administrator may deny administrative extension and require that the property seek a SUP renewal hearing. The Zoning Administrator may provide a probationary period to allow outstanding violations to be in compliance within two months of the inspection.

(c) A property shall deemed a nuisance if there have been five or more incidents reported by the County Sheriff's Department during the five years of the SUP's previous placement or extension. Properties that have been deemed a nuisance shall be required to apply for a SUP renewal hearing.

(d) An administrative extension may be granted only if there is no change in property owner and occupant of the manufactured home. Any change of ownership or occupant requires a SUP renewal hearing.

(D) Revocation. Any property that is deemed to be subject to revocation shall follow the procedures outlined in § 93.182.

(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)

§ 93.102 WINE TASTING ROOM.

(A) Site standards.

(1) Facility must be operated in association with an existing vineyard (bona fide farm) located on the same property, or multiple adjoining properties in the same ownership.

(2) Facility must be located in such a manner that visual impact to adjoining properties used or zoned for residential purposes is minimal.

(3) All structures, buildings, storage areas, etc. (except fences or walls) associated with the winery must be set back a minimum of 50 feet from all property lines or street right of way.

(4) A facility serving as an established cooperative winery may be permitted without the presence of an onsite vineyard, if, in the Zoning Board's estimation, the facility will benefit, cater to, and serve the independent vineyards of the county, and surrounding area.

(B) Lighting standards. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right of way.

(C) Screening and fencing. All parking and storage areas, as well as the winery itself, shall be screened from adjoining properties used or zoned for residential purposes. If existing topography and natural vegetation does not provide an existing visual barrier, selective screening may be required. Screening shall meet the requirements of the zoning code.

(D) Additional requirements. Festivals to be held in conjunction with the winery may occur no more than four times per year on site.

(Ord. 2014-18, passed 4-16-2014)

§ 93.103 RECEPTION VENUES.

The purpose of this section is to provide supplemental regulations for reception venues in Madison County. A special use permit shall be required for all reception venues in the "A" Agriculture District only. All reception venues shall adhere to the following regulations:

(A) Site standards.

(1) All structures, buildings, storage areas, etc. (except fences or walls) associated with the

reception venue shall be setback a minimum of 50 feet from all property lines or street rights-of-way.

(2) Adequate restroom facilities shall be provided.

(3) Minimum lot size of five acres.

(B) Lighting standards.

(1) Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.

(1) No off-site parking shall be permitted.

(2) A parking plan identifying the location of the dedicated parking spaces shall be submitted to the Zoning Administrator to review during the special use permit application. The parking plan shall be tied to the special use permit.

(D) Screening and fencing.

(1) All parking and storage areas shall be screened from adjoining properties used or zoned for residential purposes. If existing topography and natural vegetation does not provide a visual barrier, selective screening may be required. Such screen, wall, or fence shall be maintained by the owner or lessee.

(E) Signage.

(1) One 16 square-foot per-side identification sign may be located on the property. All signage shall be at least ten feet from all property lines and rights-of-way.

(F) Noise.

(1) No outdoor music shall be permitted. All music and live entertainment shall occur within an enclosed structure.

(2) All reception venues shall adhere to the Madison County Noise Pollution Act, Chapter 53.

(G) Additional requirements.

(1) Hours of operation. The hours of operation for a reception venue shall be 7:00 a.m. to 12:00 a.m. Monday through Sunday, unless more stringent hours of operation are required as a condition of the special use permit.

(2) Alcohol. The sale of alcohol on-site shall be prohibited. Alcohol may be served on-site if the event is catered and the catering operation has a valid 'Class C’ Caterer's License.

(3) Food. No food preparation shall take place on-site. Food catering may occur at a reception venue in accordance with the Food Sanitation Program, Chapter 55 of the Madison County Code of Ordinances.

(4) Water. All reception venues shall be in accordance with Potable Water Supply, Chapter 113 of the Madison County Code of Ordinances.

(Ord. 2015-06, passed 8-17-2015)

§ 93.104 LANDSCAPE SERVICES.

(A) Use restrictions. A landscaping services business shall only be permitted as special use permit within “A” Agriculture Districts in accordance with the following restrictions:

(1) No fabrication shall take place on-site.

(2) All equipment shall be stored within a fully enclosed structure.

(3) All materials shall be stored in a well-kept and orderly fashion.

(4) No retail or wholesale sales shall be permitted on-site.

(5) No customers shall be permitted on-site.

(6) No employees shall be permitted on-site except to pick-up or drop-off equipment.

(7) Hours of operation: Monday through Friday 6:00 a.m. to 9:00 p.m., Saturday and Sunday 7:00 a.m. to 7:00 p.m.

(B) Minimum tract size. The minimum tract size shall be five acres.

(C) Setbacks. All structures associated with the landscaping services business uses shall be a minimum of 150 feet from any property line shared with single- family residential use.

(Ord. 2017-02, passed 6-1-2017)

§ 93.105 AGRITOURISM.

The purpose of this section is to provide supplemental regulations for agritourism operations in Madison County. A special use permit shall be required for all agritourism operations. All agritourism operations shall adhere to the following regulations:

(A) Agritourism operations include, but are not limited to, the following list of activities. Others judged similar or identical thereto by the Zoning Administrator may be considered an agritourism operation. Uses that are not similar or identical to any listed permitted agritourism operations, as determined by the Zoning Administrator, shall be considered prohibited.

(1) Agricultural technical tours.

(2) Agriculture-related crafts/gifts.

(3) Arts and crafts classes.

(4) Camping and picnicking.

(5) Corn mazes.

(6) Fee fishing.

(7) Garden/nursery tours.

(8) Gift and craft sales.

(9) Historical agriculture exhibit.

(10) Horseback riding.

(11) Petting zoo (farm animals and domesticated farm animals, see § 93.100).

(12) School tours.

(13) U-pick operations.

(14) Wagon/sleigh rides.

(15) Wildlife viewing and photography.

(B) Site standards.

(1) All structures, buildings, storage areas, etc. (except fences or walls) associated with the reception venue shall be setback a minimum of 50 feet from all property lines or street rights-of-way.

(2) Adequate restroom facilities shall be provided.

(3) Minimum lot size of five acres.

(1) Outdoor lighting shall be designated to minimize light from directly hitting adjacent property or any public right-of-way.

(D) Parking and loading standards.

(1) No off-site parking shall be permitted.

(E) Screening and fencing.

(F) Noise.

(1) Outdoor music shall be permitted, but must adhere to the Madison County Noise Pollution Act, Chapter 53.

(G) Additional requirements.

(1) Hours of operation. The hours of operation for any agritourism operation shall be 7:00 a.m. to 7:00 p.m. Monday through Sunday unless most stringent hours of operation are required as a condition of the special use permit.

(2) Alcohol. The sale of alcohol on-site shall be permitted in conjunction with a restaurant and/or concessions with a valid 'Class A' Unrestricted Liquor License.

(3) Food. The sale and preparation of food on-site shall be permitted in accordance with the Food Sanitation Program, Chapter 55 of the Madison County Code of Ordinances.

(4) Water. All agritourism operations shall be in accordance with Potable Water Supply, Chapter 113 of the Madison County Code of Ordinances.

(Ord. 2020-02, passed 1-16-2020)

§ 93.106 COMMUNITY SOLAR.

The purpose of this section is to provide supplemental regulations for community solar operations in Madison County. A special use permit shall be required for all community solar operations and shall adhere to the following regulations:

(A) Minimum lot standards.

(1) The minimum lot size for community solar in "A" Agricultural and "R-1" Single-Family Residential Districts shall be at least ten acres in size.

(B) Setbacks.

(1) Community solar must be at least 50 feet from all property lines.

(1) All equipment and structures shall be enclosed and secured by a fence with a minimum height of six feet.