The building height limitations stipulated in the applicable zoning districts shall not apply to the following, provided that no such structure exceeds the height limits for airport approach areas, as established in this Code:

(a)

Air conditioning units.

(b)

Antennae.

(c)

Chimneys.

(d)

Church steeples.

(e)

Communication towers.

(f)

Elevator towers.

(g)

Flag poles.

(h)

Parapet walls.

(i)

Silos.

(j)

Utility transmission towers.

(k)

Windmills.

(l)

Similar structures.

No structure shall be erected to a height that would encroach into or through any established public or private airport approach plan, prepared in accordance with the criteria established by the Federal Aviation Administration.

(Sec. 3.1)

Every part of a required yard shall be open and unobstructed from the ground to the sky, except as herein provided or as otherwise permitted in this Code.

(a)

Structural overhangs. Cornices, awnings, eaves, gutters or other similar structural overhangs at least seven feet above grade may extend up to two feet into any required yard, provided that no such overhang shall extend to within four feet of any property line.

(b)

Sills and belt courses. Sills, belt courses and similar ornamental features may extend six inches into any required yard.

(c)

Air conditioners and similar mechanical equipment. Air conditioning equipment, sprinkler system controls and similar mechanical equipment (including utility's pad mounted equipment) may project into any required yard provided that the equipment is mounted in a manner contiguous to the building.

(d)

Fire escapes, outside stairways, balconies, chimneys, and flues. Open or enclosed fire escapes, outside stairways, balconies, and chimneys and flues may project up to four feet into any required yard, provided such projections shall not unduly obstruct light and ventilation.

(e)

Swimming pools and related structures. Swimming pools may be located in a required rear yard provided they are no closer than ten feet to any rear property line, or five feet to any easement, whichever distance is greater. Decks or patios constructed in conjunction with any swimming pool may be located within a required rear yard provided that they are not located within an easement or closer than five feet to any property line.

(f)

Trellises, play equipment, outdoor furniture and similar objects. Trellises and trelliswork, play equipment, wires, lights, outdoor furniture, mailboxes, ornamental entry columns and gates, and outdoor equipment are allowed within required yards.

(g)

Unenclosed porches, steps and paved terraces. An unroofed porch, steps or paved terrace area may project into the front yard for a distance not to exceed ten feet.

(h)

Gasoline pumps and islands. Gasoline pumps and pump islands, associated with either a service station or as an accessory facility, may be located within a front yard, provided they are located no closer than 15 feet to any public right-of-way.

(i)

Fences, walls and hedges. Fences, walls and hedges are allowed within required yards, subject to the provisions of section 34-3-6.

(j)

Accessory buildings. Accessory buildings or sheds may be located within a required side or rear yard, provided a minimum of five feet is maintained from the side or rear property line and the structure is clear of any easements.

(k)

Parking areas and driveways. Off-street parking areas may encroach into the required front yard setbacks providing that the encroachment does not extend into a required landscape buffer along the street frontage. Parking areas and driveways may encroach into required side yards of multiple-family residential and non-residential districts.

(l)

Sidewalks. Sidewalks may be located within any required yard.

(m)

Satellite dish antennae. Satellite dish antennae less than one meter in diameter may encroach into any required yard. Satellite dish antennae less than two meters in diameter may encroach into required yards in commercial and industrial districts.

(Sec. 3.2)

No commercial vehicle which is used for hauling explosives, gasoline, liquefied petroleum products, or any other hazardous material shall be permitted to be parked in a residential area except for short periods of time (less than one hour). No commercial vehicles shall be parked on any residentially used lot, in the street abutting such lot, or on residentially-zoned land, except:

(a)

Commercial vehicles not exceeding one ton rated capacity used by the resident of the premises, limited to one per premises and parked off-street in a garage, carport or driveway.

(b)

Commercial vehicles temporarily parked on a lot for the purpose of providing construction, transportation, or other services specifically for the location where such vehicles are parked.

(Sec. 3.3)

No junk vehicle shall be parked, and no motor vehicle frame, vehicle body, or vehicle body part shall be stored, on residentially-zoned property except when parked or stored in a completely enclosed garage or building. A single vehicle maintained for restoration purposes may be stored on the property. Said vehicle must be fully covered when restoration is not in progress, and restoration effort must be apparent to periodic code enforcement observation.

A maximum of three vehicles may be parked in an unenclosed area on a single-family-zoned lot. Except, however, that if there are more than three licensed drivers permanently residing on the premises, there may be one vehicle for each licensed driver. This section does not preclude the parking of automobiles by persons visiting a single-family home.

(Sec. 3.4)

(a)

Authorization. Accessory uses are permitted in all zoning districts as provided herein.

(b)

Use limitations.

(1)

No accessory structure shall be built prior to the construction of the principal structure.

(2)

No accessory structure shall be occupied or utilized unless the principal structure to which it is accessory is occupied or utilized.

(3)

All accessory uses and structures shall comply with the use limitations applicable in the zoning district in which located.

(4)

No accessory structure shall be used as a dwelling.

(5)

All accessory uses and structures shall comply with the following height regulations, except as provided in section 34-3-1:

(a)

No accessory building shall exceed 15 feet in height in any residential district. Exceptions may be allowed by the development administrator when the required height is to accommodate aesthetic compatibility with the main structure.

(b)

No accessory building shall exceed 25 feet in height in any commercial or industrial district.

(c)

Location.

(1)

If an accessory-type building shares a structural wall with a principal building, it shall be deemed to be a part of the principal building and shall comply in all respects with the requirements of this Code applicable to a principal building.

(2)

If an accessory building is detached from the principal building, it shall be located at least ten feet from the principal building.

(3)

No accessory use or structure shall be located in any required corner visibility triangle as established in section 34-3-8.

(4)

No accessory structure, except those exempted by section 34-3-2, shall be located within a front yard.

(Secs. 3.5.1—3.5.3)

(a)

Easements and rights-of-way. Fences, walls and hedges shall not be constructed on or over any dedicated public drainage or public rights-of-way. Construction may be allowed in utility easements; however, owners are responsible to replace or remove, at their cost, fences, walls and hedges that might be removed or damaged during utility repairs/ improvements by the city or other approved entities. The city will attempt to notify owners in advance about required removals but reserves the right to remove a fence, wall, or hedge in an easement without advance notice, as emergency or other scheduling considerations warrant. Notice of this provision will be displayed on the city's fence permit application. Trees are prohibited in all easements and all public rights-of-way.

(b)

Front yard. Fences not exceeding 48 inches in height may be erected in the front yard of any lot.

(c)

Side yard. Fences not exceeding six feet in height may be erected in the side yard of any lot provided they do not extend beyond the front setback line. In the case of a corner lot that results in double frontage whose side yard abuts a local street, a fence not exceeding six feet in height may be erected no closer than five feet from the edge of side property line (further restrictions may be imposed by homeowners' association).

(d)

Rear yard. Fences not exceeding six feet in height may be erected in the rear yard of any lot. In the case of a double frontage lot whose rear yard abuts a local street, a fence not exceeding six feet in height may be erected no closer than five feet from the edge of rear property line (further restrictions may be imposed by homeowners' association).

(e)

Prohibited materials. No barbed wire, electrical elements, or other hazardous materials shall be maintained as a fence or part of a fence or wall in a residential district.

(f)

Placement offences.

(1)

Fences may be erected along lot lines.

(2)

All structural or supporting members of any fence must be constructed to be within or toward the area to be enclosed. This provision will not preclude home owners to share a fence on the property line.

(3)

Corner visibility. In the case of a corner lot, fences taller than 30 inches may not be erected within the 30 foot triangle in order to maintain safe sight distance for vehicles approaching the intersection (see section 34-4-8).

(Secs. 3.6.1—3.6.6; Ord. No. 12-15, § 1, 9-4-12; Ord. No. 21-04, § 1(Att.), 3-15-21)

(a)

Purpose and intent. It is the purpose and intent of this section to permit the continuation of those lots, structures, uses, characteristics of uses, or combinations thereof which were lawful before the passage of this Code, but which would be prohibited, regulated, or restricted under the terms of this Code or future amendments. It is the further purpose and intent of this section to allow nonconforming lots, structures, uses, characteristics of uses, and combinations thereof to continue subject to specific conditions or limitations.

(b)

Continuation of nonconformities. Nonconformities may be continued so long as they remain otherwise lawful, subject to the remaining provisions of this section.

(c)

Expansion or change of nonconformities.

(1)

No nonconformity shall be enlarged or changed to a different nonconformity, except upon a determination by the development administrator that the change results in a lessening of the degree of nonconformity or that the development improves the character of the area to such a degree warranting the improvement.

(2)

Additions to nonconforming structures containing conforming uses shall be permitted if the additions comply with setback and other applicable site-related regulations.

(3)

Additions to structures on a nonconforming lot, which are below the threshold of a major site plan, may be permitted provided that such addition is in conformance with all other applicable laws and ordinances of the city and does not create a nonconforming use or structure or increase the existing site-related nonconformity. Any addition exceeding the threshold for a minor site plan shall require all site-related nonconformities to be terminated and brought into compliance with all applicable ordinances of the city.

(d)

Repair or alteration of nonconformities. Repairs, maintenance and improvements of nonconformities may be carried out, provided that such work does not increase the cubic content of the building or the floor or ground area devoted to the nonconforming use or in any way increases or creates a site-related nonconformity. The preceding requirement does not prevent compliance with applicable laws or requirements relative to the safety and sanitation of a building occupied by a nonconforming use.

(e)

Reconstruction of nonconformities after catastrophe. Any nonconforming structure, use or establishment containing a site-related nonconformity which is damaged by fire, flood, explosion, collapse, wind or other catastrophe to such an extent that the cost of repair or reconstruction will exceed 50 percent of the building's value as shown on the tax assessment roll at the time of the damage shall be deemed to be terminated. No repair or reconstruction may occur except when such repair or reconstruction results in the conversion of the previous nonconformity to a conforming structure, use and/or site. In the event that damage to a nonconformity may be repaired by an investment of less than 50 percent of the appraised value of the nonconformity as shown on the tax assessment roll at the time of the damage, such repair shall be permitted and the nonconformity may continue.

(f)

Cessation of nonconformities. All nonconformities shall be considered terminated and shall not thereafter be reestablished if any nonconforming use of land or structure or establishment having a site-related nonconformity ceases operation for a continuous period of 180 days or more, or if a nonconforming structure is removed for a continuous period of 180 days or more.

(g)

Certain mobile homes declared nonconforming. On the effective date of this Code, all mobile homes within the city located on individual lots outside of a mobile home park are declared nonconforming uses. A mobile home within a mobile home park lawfully created prior to the effective date of this Code shall not be considered a nonconforming use.

(h)

Nonconforming lots of record. Any lot which was lawfully created and recorded prior to the enactment or amendment of this Code, but does not meet the minimum size and/or dimension requirements of the zoning district in which it is located shall be considered a legal nonconforming lot of record. A legal nonconforming lot of record may be used, conveyed, or sold the same as if it were a conforming lot.

(Secs. 3.7.1—3.7.8)

On every corner lot, the triangle formed by the street lines of such lot and a line drawn between points on such street lines which are 30 feet from the intersection thereof shall be clear of any structure or planting of such nature and dimension as to obstruct lateral vision; provided that this requirement shall generally not apply to the trunk of a tree (but not branches or foliage) or a post, column or similar structure which is no greater than one foot in cross section or diameter. Lateral vision shall be maintained between a height of 30 inches and ten feet above the average elevation of the existing surface of both streets measured along the center lines adjacent to the visibility triangle.

(Sec. 3.8)

All refuse generated by any commercial or industrial establishment located within any district shall be stored in tightly covered containers and placed in a visually screened area. For such uses, trash containers or dumpsters shall be located within a building or within an enclosed structure surrounded by six-foot high walls. Such trash enclosures shall not be located in the front yard of any lot and shall be located next to a parking lot rather than within a parking lot.

(Sec. 3.9)

(a)

No swimming pool, whether public or private, shall be located in a front yard or closer than ten feet to any side or rear lot line.

(b)

Every swimming pool, including above ground pools that are more than two feet deep

(1)

shall apply for and receive a swimming pool permit.

(2)

shall be enclosed by a wall or fence at least four feet in height. The passage through such wall or fence shall be equipped with a self-closing gate.

(c)

Swimming pool installation shall comply with the Mascoutah Building Code.

(Sec. 3.10)

Structures built on slab floors shall be built no less than 15 inches above adjacent center line of roadway elevation. Structures built in a floodplain shall have the buildable area raised to meet floodplain requirements.