In order to classify, regulate and restrict the use of land, buildings and structures; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and other open spaces about buildings; and to regulate the intensity of land use, the incorporated area of Mascoutah is divided into districts as follows:

(a)

Boundaries. The boundaries of the various zoning districts are hereby fixed and established as shown in the accompanying zoning map. This zoning map is on file in the office of the city clerk. This map is hereby adopted and made a part of this Code as if the matters and information set forth by said maps were fully described herein.

(b)

Measurement of boundaries. The boundaries of the various districts as shown on the zoning map shall be determined by the boundaries as shown and outlined thereon and when not clearly so determined, by use of the scale shown on said maps unless actual dimensions are noted. Scale and field measurements and map dimensions shall be figured from the center line of streets, highways, alleys and railroad rights-of-way as appropriate. Where uncertainty exists as to the exact location of said boundaries, the following rules shall apply:

(1)

Center line as boundary. Where district boundaries lie on or within streets, highways, road rights-of-way or railroad rights-of-way, the district boundaries shall be the center line of the same.

(2)

District boundaries which bisect blocks. Where district boundary lines approximately bisect blocks, the boundaries shall be the median lines of such blocks between the center line of boundary streets.

(3)

District boundaries dividing parcels of land. In subdivided property or where a district boundary divides a subdivided lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of a scale appearing on the district map. Where a district boundary divides a platted lot, the zone classification of the greater portion shall prevail throughout the lot.

(4)

Action in case of uncertainty. In case any further uncertainty exists, the board of zoning appeals shall interpret the intent of the zoning map as to the location of such boundaries.

(5)

Street and right-of-way abandonments. Where a public road, street, alley or other right-of-way is officially vacated or abandoned, the regulations applicable to the property to which it reverted shall apply.

(6)

Excluded areas. Unless areas are classified on or by the official zoning map of the city, or the appropriate classification can be established by the rules above, such areas shall be considered to be classified as AG, agricultural district, until such time as the land is rezoned by the city council.

(7)

Amendment to the official zoning map. No changes or amendments to the official zoning map shall be initiated, except in compliance and conformity with all procedures and requirements of this Code. It shall be unlawful for any person to make any unauthorized change in the official zoning map.

(c)

Annual publication. In accordance with state law, if any changes are made in the zoning districts or regulations during a calendar year, the city clerk shall publish the official zoning map of the city not later than March 31 ^st of the following year.

(d)

Zoning of annexed areas. Any territory hereafter annexed to the city shall have a zoning classification indicated in the annexation ordinance. If such classification is not indicated in the annexation ordinance, the land shall automatically be zoned as RS-10, single-family residential district, until duly changed by an amendment to this Code except under the following conditions:

(1)

The city council, with the recommendation of the planning commission, may annex any territory as any other zoning district or districts herein established if all legal requirements for zoning the property at the time of the annexation are recorded.

(2)

Any existing agricultural area within St. Clair County of five acres or more may be annexed to the city as AG, agricultural district, without a public hearing.

(Secs. 4.2.1—4.2.4)

It is the intent of this Code to permit certain uses, not otherwise illegal, to locate in specified zoning districts, either as a permitted use, a conditional use, or a PDP.

(a)

Permitted uses. No structure shall be erected, constructed, reconstructed or structurally altered, nor shall any structure or land or combination thereof be used, unless the use to which the structure and/or land is to be put is listed in the permitted use section of the applicable zoning district and the use fully complies with all of the applicable district regulations, except for nonconformities, accessory uses and conditional uses.

(b)

Conditional uses. No conditional use, as designated within this Code, shall hereafter be established unless such use has been approved pursuant to the provisions of article VII, division IV and article XIII, division II. Any existing use which was a permitted use prior to the adoption of this Code and which is designated as a conditional use by this Code may continue as if it were approved as a conditional use.

(c)

Uses constructed within "other" zone districts. Development made within zones that differ from those intended within the original zone, shall comply with the regulations of the actual development made. Example: Residential uses (actual development) made within commercial districts (original zone) shall comply with the corresponding residential zone requirements.

(d)

Uses not specifically listed. This Code acknowledges that not every acceptable use can be listed in these regulations and, therefore, allows the development administrator the authority to determine those uses that are similar, which may be deemed "permitted uses". Development administrator decisions are appealable.

(Sec. 4.3)

In order to carry out the purpose and intent and provisions of this Code, size and dimension criteria for particular zoning districts are hereby established. Such size and dimension criteria shall be applied in accordance with this section and other applicable provisions of this Code.

(a)

Lot size requirements.

(1)

Reduction of lot size or yards. No lot or yard existing on the effective date of this Code shall thereafter be reduced in size, dimension, or area below the minimum requirements set out herein, except by reason of a portion being acquired for public use in any manner, including dedication, condemnation, or purchase. Lots or yards created after the effective date of this Code shall meet the minimum requirements established herein.

(2)

Applicability to all uses. Unless otherwise specified in this Code, all permitted uses and all conditional uses shall be subject to the lot size requirements specified for a given district, unless other minimum requirements are specified for such uses elsewhere in this Code.

(3)

Structure built on two lots. A building constructed on a site consisting of two lots must be located either within the required setback from the common or center lot line, or the lots must be merged into one lot.

(4)

Lots of record less than minimum size. Any lot of record at the time of the adoption of this Code which contains less lot area or width than required in the district in which it is located may be used for a use in such district provided that the lot has a minimum width of 30 feet. This provision shall not be construed to permit more than one dwelling unit on a lot with less lot area per family than required for the district in which such lot is located.

(5)

Use of lots in single-family districts. In single-family districts, every building hereafter erected or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than the principal building and the customary accessory buildings on one lot or parcel of land.

(b)

Minimum yard requirements.

(1)

Generally. Minimum yard requirements shall be as specified for a given zoning district. The yard requirements shall apply to all buildings and structures, as they relate to the respective lot lines, except as otherwise specifically provided in this Code or as exempted in subsection 34-4-4(b)(2).

(2)

Exemptions. The following structures shall be exempt from the minimum yard requirements set forth in this Code; underground utility equipment, clothes lines, flag poles, regulation mail boxes, traffic signals, fire hydrants, light poles, or any similar structure or device (See section 34-3-2).

(c)

Maximum building height. Maximum building height shall apply to all structures located in the zoning district except those structures and appurtenances excluded in section 34-3-1 or conditional uses which have a maximum height specified in this Code. Except, however, that any existing or proposed structure located in an area subject to height hazard limitations of MidAmerica Airport or Scott Air Force Base, shall be subject to the requirements of section 34-6-2 of this Code.

(d)

Access required. No building shall be erected on any lot unless such lot abuts, or has permanent easement of access to, a public or private street.

(e)

Building coverage. Most zoning districts provide limitations for building coverage. This provision is to prevent over building of structures on lots. Clearly, the coverage limitations include all enclosed structures. Covered patios/decks (open on at least two sides), unenclosed breezeways/walkways, and similar open structures are not included in building coverage ratios.

(Sec. 4.4)