Madison County Unincorporated
City Zoning Code

APPLICATION, INSTRUCTION

PROCEDURES, AND PROCESSING

§ 93.175 PURPOSE

The purpose of this subchapter is to consolidate all application procedures and processing requirements. The intent is to help those involved in application, submittal, processing and review understand the individual and often multiple steps that applicants must follow. Any applicant making or submitting an application concerning this Zoning Code shall make an application to the Zoning Administrator and pay the appropriate fees. If a variance, special use permit, rezoning, or interpretation is required, the County Board or the Building and Zoning Committee must approve the request before application can be made for a building permit.

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

§ 93.176 ROUTING.

(A) Copies of application to be forwarded. The Zoning Administrator shall forward one copy of a completed application in each instance to the following within five county working days.

(1) Area/bulk variance: To the Zoning Board of Appeals then to the County Board through the Building and Zoning Committee.

(2) Special use permit: To the Zoning Board of Appeals then to the County Board through the Building and Zoning Committee.

(3) Rezoning amendment: To the Zoning Board of Appeals then to the County Board through the Building and Zoning Committee.

(4) Zoning appeal: From a decision of the Zoning Administrator to the Zoning Board of Appeals then to the County Board through the Building and Zoning Committee.

(5) Sign variance: To the Zoning Board of Appeals then to the County Board through the Building and Zoning Committee.

(6) Other applications: To the Building and Zoning Committee.

(7) Minor Area/bulk variance: To the adjoining neighbors.

(B) Advisory report. The Administrator shall submit an advisory report to the Zoning Board or Appeals concerning each application.

(C) Procedure of the Soil and Water Conservation District. The Zoning Administrator shall, when appropriate, forward one copy of rezoning and special use application to the appropriate soil and water conservation district within five working days of application. The Soil and Water Conservation District shall issue a written option concerning a proposed rezoning or special use permit within 30 days from the time of receiving the application to the Board of Appeals. If no opinion is received within 30 days, the rezoning or special use permit shall be considered recommended by the Soil and Water Conservation District.

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

§ 93.177 ZONING BOARD OF APPEALS.

(A) Zoning Board. BOARD when used in this subchapter shall be construed to mean the Zoning Board of Appeals. The Board shall consist of five members appointed by the Chairperson of the County Board with the advice and consent of the County Board (55 ILCS 5/5-12010). All members of the board shall be residents of the county at the time of their appointment. Failure to maintain residency in the county shall be cause for removal from the Board. The County Board may provide for the appointment of an additional two members to the Board and the additional two members to the Board and the additional members shall each serve a term of five years. At the end of the term of the two additional members, the County Board may provide for the appointment of successors or may allow the Board to revert to a membership of five. The terms of office shall be five years, provided that the members of the first Board shall serve respectively for the following terms (or until their successors are appointed and qualified): One for one year, one for two years, one for three years, one for four years, and one for five years, and five years each for those following the first appointment. The County Board may remove any member of the Board for cause, upon written charges, after a public hearing thereon. Variances shall be filed by the County Board for the unexpired term of any member whose place has become vacant. One member of the Board shall be named Chairperson by the County Board at the time of his or her appointment. In case of a vacancy, the County Board shall designate a new chairperson.

(B) Meetings. Meetings of the Board shall be held at the call of Chairperson or at such times and places within the county as may be determined. All hearings conducted by the Board shall be open to the public and the Chairperson or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings showing the vote of each member of each question, or in absence or failing to vote, indicating such fact, and shall also keep a record of its hearings and other official actions. Findings of fact shall be included in the minutes of each case of a requested area/bulk variance, special use permit, and amendment and the reasons for recommending, granting or denying such application shall be specified. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, and interpretation, decision or determination of the Board shall be filed immediately in the records of the Zoning Administrator and shall be a public record. The Board shall adopt its own rules and procedures not in conflict with this zoning code or with Illinois Statutes.

(C) Advisory body. The Board of Appeals shall be an advisory body to the County Board and final decisions on zoning permits, appeals, interpretations and amendments are vested in the County Board.

(D) Zoning Board of Appeals procedure.

(1) The Board shall act in accordance with the procedure specified by law and by this Zoning Code. Members of a five-member board or members of a seven-member board shall constitute a quorum, and except as otherwise provided by this zoning code an affirmative vote of at least of the five members or of the seven members, whichever the case may be, shall be necessary to authorize any action of the Board.

(2) All appeals and applications to the Board shall be in writing. Every appeal or application shall refer to the specific provision of the zoning code involved shall exactly set forth the interpretation that is claimed, the exceptional physical conditions for which the area/ bulk variance is sought, the use for which the special use permit is sought, and the grounds on which it is claimed that he or she variance and permit should be granted or recommended, as the case may be.

(E) Notice and hearing.

(1) No action. No action of the Zoning Board of Appeals shall be taken on any amendment, special use permit, variance, appeal, or advisory report until after notice has been given that a public hearing will be held.

(2) Notice. A notice of the time, date, and place of the hearing shall be published in a newspaper of general circulation within the county and area in question at least 15 but not more than 30 days prior to the hearing. The notice shall contain (a) the particular location of the real estate for which the hearing is requested by legal description and street address, and if no street address then by locating such real estate with reference to any well know landmark, highway, road, thoroughfare or intersection; (b) a brief summary of explanation of the subject matter of the hearing; (c) whether the petitioner or applicant is acting for himself or herself or as an agent, alter ego, or representative of a principal and the name and address of the principal; (d) whether the petitioner or applicant is a corporation, and if so, the correct names and addresses of all officers and directors of the corporation and of all stockholders or shareholders owning any interest in excess of 20% of all of the outstanding stock or shares of the corporation; (e) whether the petitioner or applicant, or his or her principal, is a business or entity doing business under an assumed name, and if so, the name and residence of all actual owners of the business or entity; (f) whether the petitioner or applicant, or his or her principal, is a partnership, joint venture, syndicate, or an unincorporated voluntary association, and if so, the names and addresses of all partners or members of the partnership, joint venture, syndicate, or unincorporated voluntary association. The notice shall be sent by first class mail at least 15 days before the hearing is scheduled to the property owners of any land adjacent to or immediately across any street, alley, or public right-of-way from the property proposed, as recorded in the office of the county recorder of deed, and as appears from the authentic tax records of the county and to any municipality whose boundaries are within one and one half miles of any part of the property proposed. The applicant shall furnish to the Zoning Administrator, at the time the application is filed, a complete list containing the names and last known addresses of the owners of property required to be served, a list of all municipalities whose boundaries are within one and one half miles of any part of the proposed property, and shall pay the cost of the public notice and for due notice to the adjacent property owners; (g) if the request is a special use permit for a mobile home placement, the name of the property owner and occupant of the mobile home shall be included in the notice.

(3) Posting of notice. Posting of the property for public hearing. The notice is to be posted on the property at least ten days before the public hearing date, and where it can be readily seen from the street or highway, in the following manner:

(a) The poster must be fastened and secured to a board that can be attached to a two by four or other anchoring device, to protect it against the wind and other elements;

(b) The notice of public hearing must be placed four feet above the ground level or above the grade of existing major highway or road, of which the property fronts, so that the notice can be readily seen by any passerby;

(c) The notice of public hearing must be placed at a location which is located within five feet of the right-of-way of the major traveled roadway of which the property fronts;

(d) That if the property does not have frontage on a major road or is so located that it is off on a private lane or roadway, the applicant must post the notice on his or her property and make arrangements with the Board of Appeals to meet at the site that leads to the property. This shall be on file, before the date of the hearing and on the date of the application being filed. Failure to comply with the proper posting will result in the cancellation of your hearing, thereby delaying your request and imposing additional costs. Please complete the form stating that you have posted the notice and the sketch, as indicated, in accordance with the rules and regulation governing the same, and return the form to this office as soon as possible.

(e) In the event that a public hearing involves multiple properties that are adjacent to each other or within the same district, the applicant shall be required to post one notice within each zoning district. Applicants are encouraged to coordinate with the Building and Zoning Department to ensure the notices are located in a manner which effectively advertises the zoning hearing.

(F) Time for acting on applications.

(1) The Board shall act on an application within 60 days from receiving the application, except that where additional information is required by the Board, the Board shall render a written decision within 60 days from the receipt of the information.

(2) If an application for a zoning amendment, variance, or special use permit has been denied by the County Board, the same request may not be resubmitted for one year.

(G) Advisory report. The Board of Appeals shall provide the Building and Zoning Committee with an advisory report concerning variations, amendments and special uses to include findings of fact and should recommend appropriate conditions to prevent any detrimental effects of the proposed special uses. Such conditions may include but not be limited to, the protection of adjacent property, the expiration of the special use after a specified period of time, or off-street parking and loading as shall be deemed necessary to secure the general intent and purpose of this zoning code, and to reduce injury to the value of property in the surrounding area.

(H) Appeals. An appeal may be taken to the Board by any person, firm, or corporation, or by any officer, department, board, or bureau affected by the decision of the Zoning Administrator. Such appeal shall be taken within 30 calendar days, by filing with the Administrator a notice of the Board of Appeals, specifying the grounds of appeal. The Administrator shall thereupon transmit to the Board all papers constituting the appeal and the record upon which the action appealed form was taken. An appeal shall stay all proceedings and furtherance of action appealed from, unless the Administrator certifies to the Board after the notice of appeal has been filed with him, that by reason of fact stated in the certificate, the stay would, in his or her opinion, cause an imminent peril to life or property, in which case the proceedings will not be stayed otherwise than by a court of record. The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing either in person, or by a duly authorized agent or attorney.

(I) Variance conditions. No area/bulk variance shall be recommended in any case unless the Board of Appeals finds:

(1) That there are special circumstances or conditions as fully described in the findings, applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to the land or buildings in the surrounding area, and that circumstances or conditions are such that strict application of this zoning code would deprive the applicant of a reasonable permitted use of the land or building;

(2) That, for reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of land or buildings, and that the variance is the minimum variance that will accomplish this purpose; and

(3) That the granting of this variance would be in harmony with the general purpose and intent of this zoning code, and will not be injurious to the surrounding area or otherwise detrimental to the character and use of adjoining buildings and those in the vicinity, the Board, in making its findings, shall take into account whether the condition of the subject premises is peculiar to the lot or tract described in the petition or is merely part of the general condition of the area.

(4) No variance shall be approved that constitutes a variation in use not permitted in the district.

(J) A Zone variance conditions. No A Zone variance shall be approved that does not comply with the provisions of § 1910.6 of the Rules and Regulations of the National Flood Insurance Program.

(K) Variances for telecommunication facilities. In granting a variance for a telecommunication facility, the board shall consider the following, and no other matters:

(1) Whether, but for the granting of a variation, the service that the telecommunications carrier seeks to enhance or provide with the proposed facility will be less available, impaired, or diminished in quality, quantity, or scope of coverage;

(2) Whether the conditions upon which the application for variations is based are unique in some respect or, if not, whether the strict application of the regulations would result in a hardship on the telecommunications carrier;

(3) Whether a substantial adverse effect on public safety will result from some aspect of the facility's design or proposed construction, but only if that aspect of design or construction is modifiable by the applicant;

(4) Whether there are benefits to be derived by the users of the services to be provided or enhanced by the facility and whether public safety and emergency response capabilities would benefit by the establishment of the facility; and

(5) The extent to which the design of the proposed facility reflects compliance with § 93.075 (D)(9).

(L) Variances for minor area-bulk. A minor area-bulk variance may be sought meeting the following procedures and requirements. A variation of 10% or less of the regulations of area/bulk may be granted without public hearing by the Zoning Administrator, provided, however, that before such variation is granted, a notice of the intent to grant such variation shall be sent by certified mail to all adjoining landowners. If any adjoining landowner files a written objection with the Zoning Administrator within 15 days of receipt of such notice, the variation shall only be considered by the Board of Appeals in the manner provided in § 93.177 (H).

(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)

§ 93.178 AMENDMENT AND SPECIAL USE.

(A) General.

(1) The County Board may, from time to time, on its own motion, on petition of any persons in interest, or on initial recommendations of the Board of Appeals or Zoning Administrator, amend, supplement or repeal by ordinance the regulations or provisions of this zoning code.

(2) Any proposed amendment shall be referred to the Board of Appeals for an advisory report and public hearing thereon.

(B) Hearing on application. The Board of Appeals shall hold a public hearing on each application for an amendment and on each proceeding initiated by the Board of Appeals of its own motion, at such time and place in the township in which the property is located, provided, that in the case of general amendments to the Zoning Code hearing may be held at the County Administration Building, Edwardsville, Illinois (see §§ 93.177(E) and 93.178(F)).

(C) Action by the County Board. The county Board shall not act on any application for special use permit, variation, or amendment to this Zoning Code until a written report, consisting of a finding of fact and recommendation of the Board of Appeals, shall have been made available to the county Board on the proposed special use permit, variation, or amendment.

(D) Approval.

(1) After appropriate action by the Board or Appeals, the County Board may, by a majority vote, approve or adopt any proposed special use permit, variation, or amendment except in the following cases only, which require the favorable action of three-fourths of all members of the County Board:

(a) Any proposed variation that fails to receive the approval of the Board of Appeals;

(b) In case of written protest against any proposed amendment or special use permit signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite frontage proposed to be altered. Provided, the protest shall not be effective unless it specifically states that the owners listed thereon are owners of 20% or more of the frontage immediately adjoining or across an alley therefrom, or that they are owners of 20% or more of the frontage directly opposite the frontage proposed to be altered. Further provided, the written protest shall not be effective unless it is filed with and stamped by the County Clerk and submitted to the Building and Zoning Department prior to the consideration of the amendment or special use permit by the County Board. Additionally, a copy of the written protest is served by the protestor or protestors on the applicant for the proposed amendment or special use permit and a copy on the applicant's attorney, if any, by certified mail at the address of the applicant and attorney as shown in the application for the proposed amendment or special use permit.

(c) In cases where the land affected by a proposed amendment lies within one and one-half miles of the limit of a zoned municipality, or in the case of a proposed text amendment to the zoning code, where a resolution in opposition to the proposed amendment by the corporate authorities of the zoned municipality with limits nearest adjacent has been filed with the County Clerk prior to the consideration of the amendments by the County Board and a copy of the resolution is served by the municipality on the applicant for the proposed amendment and a copy on the applicant's attorney, if any, by certified mail at the address of such applicant and attorney as shown in the application for the proposed amendment.

(2) If an application for a proposed special use permit, variation, or amendment is not acted upon finally and favorably by the County Board within 120 days of the time of submission of the report of the Board of Appeals, the application shall be deemed to have been denied.

(3) The County Board may approve a special use permit or variation with or without change in the terms of conditions thereof.

(E) Special use. Application or any use listed n this zoning code as requiring a special use permit may be allowed only upon application to the Zoning Administrator on forms furnished by him or her and upon issuance of a special use permit by the County Board. Upon receipt of the application, the Zoning Administrator shall forthwith submit it to the Board and a public hearing shall be held (See § 93.177 (E)).

(F) Procedure to be followed by Board in reviewing special uses and amendments. Upon receiving an application, the Board shall, prior to rendering a decision thereof, consider at least the following:

(1) The effect the development would have on schools, traffic, streets, shopping, public utilities, and adjacent properties;

(2) Is the application necessary for the public convenience at that location;

(3) In the case of an existing nonconforming use, will a special use permit make the use more compatible with its surroundings;

(4) Is the application so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected;

(5) Will the application cause injury to the value or other property in the neighborhood in which it is located; and

(6) Will the special use be detrimental to the essential character of the district in which it is located.

(Ord. 2014-18, passed 4-16-2014; Ord. 2024-01, passed 3-15-2024)

§ 93.179 SPECIAL PROCEDURES FOR SPECIAL USES IN THE GENERAL FLOOD PLAIN DISTRICT.

(A) In considering an application for a special use permit in the General Flood Plain District, the Board shall transmit one copy of the application described in §§ 93.162 and 93.166 to a designated engineer or other person or agency from which the Board shall request expert technical assistance in determining whether the proposed use is located in the floodway or flood fringe portion of the General Flood Plain District, in determining the regulatory flood elevation; and, in evaluation the proposed project in relation to flood heights and velocities, the seriousness of potential flood damage to the use, and the adequacy of the plans for protection and other technical matters. Based upon this technical evaluation, the board shall, where necessary:

(1) Determine the specific flooding threat at the site of the proposed special use permit and determine whether the use is located in a floodway or flood fringe portion of the General Flood Plain District.

(2) Based upon the technical evaluation of the designated engineer or expert, the Board shall determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood hazard.

(B) Factors upon which the decision of the Board shall be based. In passing upon such applications, the Board shall not recommend a special use permit that is contrary to relevant factors specified in this zoning code and shall consider.

(1) The danger to life and property due to increased flood heights or velocities caused by encroachments.

(2) The danger that materials may be swept onto other lands or downstream to the injury of others.

(3) The proposed water supply and sanitation systems and the ability of these systems to prevent the occurrence of disease, contamination, and unsanitary condition.

(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(5) The importance of the services provided by the proposed facility to the county.

(6) The requirements of the facility for a waterfront location;

(7) The availability of alternative locations not subject to flooding for the proposed use.

(8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.

(10) The safety of access to the property in times of flood for ordinary and emergency vehicles.

(11) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

(12) Such other factors as are relevant to the purposes of this zoning code including a flood warning system.

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

§ 93.180 CONDITIONS ATTACHED TO SPECIAL USES.

(A) Board may recommend conditions. Upon consideration of the factors listed above and the purposes of this zoning code, the Board may recommend that the County Board may attach such conditions to the granting of special uses or variances as it deems necessary to further the purposes of this zoning code. Among such conditions, without limitation because of specific enumeration, may be included:

(1) Modification of waste disposal and water supply facilities.

(2) Limitations on periods of use and operation.

(3) Imposition of operational controls, sureties, and deed restrictions.

(4) Requirements for construction of channel modifications, dikes, levees and other protective measures.

(B) Flood proofing measures. Flood proofing measures such as the following shall be designed at or above a point two feet above the regulatory flood elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Board shall require that the application submit a plan or document certified by a registered professional engineer that the flood-proofing measures are at or above a point two feet above the regulatory flood elevation and associated flood factors for the particular area. The following flood proofing measures may be required without limitation because of specific enumeration.

(1) Anchorage to resist flotation and lateral movement or addition of mass or weight to structures to resist flotation.

(2) Installation of watertight doors, bulkheads, and shutters, or similar methods of construction.

(3) Reinforcement of walls to resist water pressures.

(4) Use paints, membranes, or mortars to reduce seepage of water through walls.

(5) Installation of pumps to lower water levels in structures.

(6) Construction of water supply and waste treatment systems so as to prevent the entrance of flood waters.

(7) Pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures.

(8) Construction to resist rupture or collapse caused by water pressure or floating debris.

(9) Installation of valves or controls on sanitary and storm drains which will permit drains to be closed to prevent back up of sewage and storm waters into the buildings or structures. Gravity drainage of basements may be eliminated by mechanical devices.

(10) Location of all electrical equipment, circuits, and installed electrical appliances so as to provide protection from inundation by the regulatory flood.

(11) Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids, or other toxic materials which could be hazardous to public safety and welfare at a point above the regulatory flood elevation or their flood proofing so as to prevent flotation of storage containers, or damage to these which would result in the escape of toxic materials into flood waters.

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

§ 93.181 SPECIAL USE PERMIT CHANGES.

After a special use permit has been issued, expansion or change in use of a special use involving the enlargement of the buildings, structures, and land area devoted to such use shall be subject to the following;

(A) Minor changes in a developmental plan may be made upon application to the Building and Zoning Committee;

(B) Major changes in the developmental plan require total review and reapplication.

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

§ 93.182 REVOCATION; EXPIRATION.

(A) Revocation of permit. The Building and Zoning Committee may revoke a permit issued under this subchapter if:

(1) The proposal for which a permit has been issued is not carried out pursuant to the approved final site plan or land use;

(2) If any condition or requirement included in the permit is not complied with; or

(3) A permit issued under this subchapter shall expire if the proposal authorized by the permit is not completed within the developmental schedule included in the application.

(B) Revocation procedures.

(1) Should there be a reason to believe that a permit issued under this subchapter is subject to revocation, under this division (B), then the Zoning Administrator may initiate an investigation into the matter; or the County Board, the Committee, or other board members may direct the Administrator to conduct such an investigation.

(2) The fining of fact through this investigation of possible permit violation by the Administrator, must be forwarded to the Committee. The Committee may then, by majority vote of the entire Committee, direct the Board of Appeals to conduct hearing at the site of the property in question or as nearly as practicable should the property owner object; the hearing shall have the same notice as provided in § 93.177(E) and (F). This hearing shall be conducted in the same manner as a hearing on the original permit.

(3) The Board of Appeals shall provide the Committee with an advisory report related to the issues in division (A) herein. This report shall include the finding of fact, and shall state a recommendation as to whether or not to revoke the permit in question.

(4) The Committee shall present the advisory report of the Board of Appeals to the County Board. No permit issued under this subchapter shall be revoked without a majority vote of the County Board.

(5) Should the Board of Appeals recommend that the permit issued under this subchapter not be revoked, the permit shall only be revoked by a vote of three-fourths of all of the members of the County Board.

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

§ 93.188 OTHER APPLICABLE ORDINANCES.

The provisions of the Madison County Code of Ordinances shall apply to zoning applications and may be administered as part of or subsequent to the zoning review process. This applies to all construction and development codes, specifically including but not limited to subdivision, stormwater, building, private sewage, mobile home, business, and health codes.

(Ord. 2016-02, passed 2-16-2016)

§ 93.189 WATER SUPPLY AND FIRE PROTECTION.

All buildings or developments shall adhere to water supply and fire protection requirements, which may require improvements including public water supply systems, fire hydrants, sprinkler systems, or other fire protection devices, as per the building, plumbing, and fire codes adopted as part of the Madison County Code of Ordinances and any fire code adopted by an applicable Fire Protection District.