(1)   The maximum building height for special uses shall be as specified in § 159.48 for the particular district in which the special use is proposed.

      (2)   The amount of off-street parking for special uses shall meet the minimum standards of § 159.47, for the district in which the special use is proposed, except where a more stringent standard is indicated in Table 2 (§ 159.46).

         (a)   The maximum height requirements as stated in § 159.48 may be increased if buildings are set back from front and rear property lines, one foot for each two feet of additional height above the maximum requirement.

         (b)   In all districts, spires, church steeples, chimneys, cooling towers, elevator bulkheads, fire towers,

scenery, lofts, and essential mechanical appurtenances may be erected to any height not prohibited by other laws or chapters.

         (c)   A church or temple requiring parking area at times when nearby uses do not need their parking facilities, may by agreement approved by the Board, utilize such facilities in lieu of providing their own parking facilities. The special use shall be applicable to additional parking lots not currently in existence intended to be established to satisfy the purposes of this division (C)(3)(c).

         (d)   Open parking areas shall be paved with a hard surface.

         (e)   Appropriate plantings, buffer areas, fences, lighting controls and other aesthetic conditions may be required as a condition to the granting of a special use.

      (1)   Must conform to Chapter 118.

      (2)   Cannot be located within 1,000 feet of any existing school; church or other religious facility or institution; mortuary or undertaking establishment; home for the aged or indigent persons; public housing property; veterans or their spouses or children; establishments that sell dispense or deliver alcoholic beverages; township, municipal or other governmental unit; park; recreation facility; institution of higher education; cemetery; area dedicated for public assemblies; teen or youth center; airport; or a residence.

      (3)   Cannot be located within 1,000 feet of another establishment already operating a business defined herein.

      (4)   For the purposes of this chapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the lot or parcel containing the adult use to the property line of uses in divisions (D)(2) or (3) of this section.

      (1)   The tract of land involved shall be of an area of not less than ten acres;

      (2)   The owner or owners of such tract of land shall have:

         (a)   Prepared a plat for a subdivision of the entire tract;

         (b)   Prepared a development plan for such entire tract;

         (c)   Obtained Commission approval of both the plat for the subdivision and the development plan according to the requirements of the Subdivision Control chapter, City of Mattoon, and this chapter.

      (3)   There shall be one principal entrance to the industrial park from any major thoroughfare (fronted highway) bordering the tract, which shall be designed so that traffic at its intersection with the frontal highway may be controlled and so that there will be adequate storage space for traffic destined to enter the frontal highway or to leave the industrial park.

      (4)   There shall be no direct entrance or exists from parking areas or structures into the frontal highway (or highways) but a service drive parallel to the main traffic way may be provided for such access. Traffic on the service drive shall enter the main traffic way via the principal entry.

      (5)   Wherever the industrial park and adjacent residential districts have a common or joint boundary, an area with a width of at least 25 feet shall be provided for the full length of such boundary for a planting screen, planted with shrubs and trees so as to provide a tight screen effective at all seasons of the year.

      (6)   The owner or owners shall provide a plan for the installation of adequate facilities for the disposal of human and industrial wastes meeting the approval of the State Department of Health.

      (7)   The owner or owners shall establish in the restrictions which are a part of the plat for the subdivision a perpetuating organization for the maintenance of the industrial park property, such as roads and planting areas, the approval of building plans and other improvements, and the future maintenance of the park.

      (8)   The development plan shall indicate the arrangement of the interior roads to provide a unified, self-contained arrangement of industrial sites. The basic concept of the interior road plan shall be subject to the approval of the Commission and any modification or alterations in the basic plan shall likewise be subject to such approval.

      (9)   The development plan shall show building lines established so that no building or structure shall be erected on any tract within the park nearer to the center line of any interior road than 85 feet nor nearer than 100 feet to the property line of any bordering highway, and no building shall be erected closer to the side line of a tract than 35 feet and not closer to an adjoining residential district than 75 feet.

      (10)   No loading docks may be erected or used fronting on a bordering highway. Provisions for loading or unloading operations and any handling of freight or materials outside of buildings shall be located so as not to face on bordering highways.

      (11)   No part of a parking area for passenger vehicles shall be closer than 25 feet and no part of a loading or unloading area or parking area for trucks shall be closer than 100 feet to an adjoining residential district. All parking, loading and unloading areas shall be paved with a suitable last preventative surface.

      (12)   The areas in front and on the sides of buildings shall be developed in accordance with a well-designed landscape plan, and such areas shall be perpetually maintained to the satisfaction of the Industrial Park Organization.

      (13)   One off-street parking space shall be required for each four employees, when the largest number of employees are present.

      (1)   The lawful use of a building or premises existing at the time of passage of this chapter may be continued although such use does not conform to the provisions hereof. A nonconforming use may be extended throughout a building provided no structural alterations, except those required by law, are made therein. A nonconforming use may be changed to a conforming use or to a use permitted in a district of greater restrictions, such use shall not thereafter be changed to a nonconforming use or less restricted use. These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment of this chapter.

      (2)   In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall thereafter conform to the use permitted in the district in which it is located.

      (3)   No building shall be erected upon any premises devoted to a nonconforming use, and no building located upon any such premises, which has been damaged by fire or other causes to the extent of more than 51% of its value prior to the event, shall be repaired or rebuilt except in conformity with the regulations of this chapter.

      (4)   The Building/Code may authorize, by written permit, in a residential district for a period of not more than one year from the date of such permit, a temporary building for commercial or industrial use for the residential development of the district.

      (5)   No building whose use does not conform to the provisions of this chapter shall be enlarged, extended, reconstructed or structurally altered, except when required by law or chapter, unless such use is changed to a use permitted in the district in which such building or premises is located.

      (6)   Any nonconforming open use of land shall be discontinued within five years from the date of passage of this chapter.

      (7)   These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment to this chapter.

      (8)   Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which has been diligently prosecuted within 90 days of the date of such permit and which entire building shall be completed, according to such plans, as filed, within 18 months from date of passage of this chapter.

(Ord. 2015-5377, passed 5-5-2015; Am. Ord. 2024-5475, passed 2-20-2024)

 

(Ord. 2015-5377, passed 5-5-2015; Am. Ord. 2020-5431, passed 6-2-2020; Am. Ord. 2024-5474, passed 2-20-2024; Am. Ord. 2024-5475, passed 2-20-2024; Am. Ord. 2024-5476, passed 2-20-2024; Am. Ord. 2024-5478, passed 3-19-2024; Am. Ord. 2025-5488, passed 3-18-2025; Am. Ord. 2025-5489, passed 3-18-2025)

   (A)   In order to lessen or avoid congestion in the public streets and to promote convenience, safety, and welfare, the following standards shall be the minimum off-street parking space requirements for all additions and new uses unless higher standards are established elsewhere within this chapter:

 

   (B)   Vehicle parking spaces required herein are the minimum to be provided. Open area devoted to vehicle parking may be used in computing open spaces required by this chapter. Where there is more than one use in a building, the combined requirements per use will apply. A minimum of one parking space per use is required. If the calculated number of parking spaces is fractional, the required parking spaces shall equal the next whole number.

   (C)   Space for off-street vehicle parking may be provided on the lot occupied by the building which it serves, or on adjacent or nearby areas, but such parking areas shall be counted only once in determining off-street parking requirements for individual or groups of buildings.

   (D)   Groups of stores or other buildings and uses requiring off-street parking facilities as prescribed herein may join in establishing group parking lots with adequate capacity for all the buildings and uses participating in their establishment.

   (E)   A church or other place of congregation which requires parking facilities at times when other nearby uses would not require established parking facilities, may enter into a joint agreement for the use of such facilities and, if such agreement is approved by the Zoning Board of Appeals, the Board may relieve the church or other place of congregation from establishing its own off-street parking facilities.

   (F)   The regulations herein prescribed shall not apply to lots located in a block within a C3 District which, at the time of passage of this chapter, was occupied by structures used for commercial purposes totaling 50% or more of the area of the block.

   (G)   Any use which locates in a lower zoning district where it is not specifically listed by name shall conform to the minimum parking requirements of that use as indicated in §§ 159.21 through 159.31. However, any use which locates in a higher zoning district where it is not specifically listed by name shall conform to the maximum parking requirements of that use as indicated in §§ 159.21 through 159.31. When a use is not named in §§ 159.21 through 159.31, then the maximum parking requirements of § 159.47 shall apply.

   (H)   The establishment of non-coterminous additional parking for any individual, business, or organization shall be of the same or higher intensity zoning designation as the principal building lot as outlined in Parking Table 1.

 

(Ord. 2015-5377, passed 5-5-2015; Am. Ord. 2024-5474, passed 2-20-2024; Am. Ord. 2024-5475, passed 2-20-2024)

   Buildings hereafter erected or altered shall not exceed the following prescribed maximum heights in each respective district.

   (A)   RS Suburban & RI Single-Family Residence Districts: maximum dimension 35 feet.

   (B)   R2 Two-family Residence District: 35 feet.

   (C)   R3 Multiple-family Residence District: 70 feet.

   (D)   CI and C2 Commercial Districts: 35 feet.

   (E)   C3 Service Commercial District: 70 feet.

   (F)   C4 general commercial district: 108 feet.

   (G)   C5 shopping center district: 50 feet.

   (H)   I industrial district: 108 feet.

   (I)   In residence districts dwellings may be increased in height by not more then ten feet, provided that for each two feet of height above 35 feet, they shall be set back one additional foot from each side yard as required herein.

   (J)   Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, tanks, stage towers, scenery lofts, water towers, ornamental towers and spires, radio towers or necessary mechanical appurtenances may be erected to heights in accordance with architectural custom and with existing or hereafter adopted chapters or building codes.

   (K)   Public, semi-public, or public service buildings, churches, temples or schools may be erected to a height of 60 feet in a residence district, providing that for each two feet of additional height over 35 feet, the building shall be set back from the minimum front yard line one additional foot.

   (L)   Any building may be erected in the C4 general commercial district to a height greater than 108 feet if the portion of the building above 108 feet is set back from all street and lot lines one foot for each three feet of additional height.

   (M)   Accessory buildings shall not exceed 20 feet in height.

   (N)   All heights specified herein shall be measured from the ground lot level.

(Ord. 2015-5377, passed 5-5-2015)

      (1)   RS, RI, R2, R3, CI and C2, Residence and Commercial Districts: Minimum dimension 25 feet.

         (a)   Front yard lines established in recorded subdivisions, which equal at least 20% of the depth of the lots, shall apply to buildings erected in such subdivisions.

         (b)   Buildings on through lots shall provide a front yard on each street.

         (c)   A corner lot located at the intersection of the two streets, shall provide front yards, for any building constructed thereon, parallel to both streets and conforming to the front yard required on lots which front on each street, provided that the building area on the corner lot need not be reduced below 35 feet in width, measured perpendicularly to the side street.

         (d)   Provided further that no accessory building located at such lot shall project beyond the front yard line established for the lots fronting on the side street.

      (2)   R1C District Front Yards: minimum dimension is 15 feet.

      (3)   C3 Service Commercial Districts: the regulations for the RI Single-Family Residence District shall apply to all types of buildings hereafter erected, except on corner lots.

         (a)   Residential buildings shall comply with division (A)(1)(c) above.

         (b)   Commercial buildings; the front yard requirement shall apply to both streets provided that the building area on the corner lot need not be reduced below 50 feet in width, measured perpendicularly to the side street.

      (4)   Where two or more lots, (see vision clearance on corner lots, § 159.51) comprising at least 33% of the frontage in a block are developed with buildings having front yards which do not conform to the above, the average front yard so established shall apply to buildings hereafter erected in the block.

      (5)   C4 General Commercial District: front yards for residential buildings shall comply with the regulations prescribed for the RI Single-Family Residence District but front yards are not required for other structures.

      (6)   C5 Shopping Center District: per Requirement Standards.

      (7)   I Industrial District: front yards are not required for commercial or industrial buildings.

      (8)   All lots fronting on two or more streets shall have a front yard setback from each street.

      (1)   RS Suburban and RI Single-Family Residence Districts: minimum width of side yard required is five feet measured from the foundation to the side lot line, and four feet from an eave overhang to the side lot line.

      (2)   R1C District: the regulations for the R1 Single-Family Residence District shall apply except for a dwelling contiguous to the lot line (zero-lot line dwelling). The minimum width of the side yard opposite the zero-side yard shall be ten feet measured from the foundation to the side lot line, and nine feet from the eave overhand to the side lot line.

      (3)   R2 Two-Family Residence District: the regulations for the RI Single-Family Residence District shall apply except for a dwelling contiguous to the lot line (zero lot-line dwelling). The minimum width of the side yard opposite the zero side yard shall be ten feet measured from the foundation to the side lot line, and nine feet from the eave overhang to the side lot line.

      (4)   R3 Multiple-Family Residence District: the minimum width of the side yard shall be ten feet measured from the foundation to the side lot lines. These standards shall apply to all buildings not exceeding 40 feet in height. Buildings higher than 40 feet in height shall provide a side yard on each side of the building equal to 25% of the height of the building.

      (5)   CI, C2, and C3 Commercial Districts: the regulations of the R3 Multiple-Family Residence District shall apply to residential buildings. Commercial buildings need not provide side yards except where the boundary of the district adjoins a residence district, in which case a side yard ten feet wide shall be provided on the side of the lot next to the residence district.

      (6)   C4 General Commercial District: the regulations of the C3 Service Commercial District shall apply.

      (7)   C5 Shopping Center District: side yards are not required for commercial buildings.

      (8)   I Industrial District: commercial and industrial buildings need not provide side yards.

      (1)   RS Suburban and RI Single-Family Residence Districts: the minimum dimension shall be five feet.

      (2)   R1C District: minimum dimension is five feet.

      (3)   R2 Two-Family Residence District: the regulations for the RI Single-Family Residence District shall apply.

      (4)   R3 Multiple-Family Residence District: the minimum depth of the rear yard shall be ten feet measured from the foundation to the rear lot lines. These standards shall apply to all buildings not exceeding 40 feet in height. Buildings higher than 40 feet in height shall provide a rear yard equal to 25% of the height of the building.

      (5)   CI, C2, and C3 Commercial Districts: five feet. When not adjacent to an alley, no rear yard is required.

      (6)   C4 General Commercial District: no rear yard required.

      (7)   C5 Shopping Center District: no rear yard required.

      (8)   I Industrial District: no rear yard required.

      (1)   Where dwelling quarters are erected above stores, the side yard requirements covering the commercial use shall apply to the entire structure.

      (2)   Open or lattice-enclosed fire escapes, fireproof outside stairways, and balconies opening on firepower projecting into a yard not more than five feet, and the ordinary projections of chimneys and flues shall be permitted.

      (3)   Rear yards abutting on alleys may use one-half the width of the alley in computing the required depth of the lot.

      (4)   No yard or open space provided about any building for the purpose of complying with these regulations shall again be used as a yard or open space for another building.

      (5)   Accessory building and/or structure which are not part of a main residential building may be built a minimum of three feet from the rear and side lot lines in all districts. The limitations provided in this section for accessory buildings shall include above-ground swimming pools. These limitations shall not include below-ground pools, which must be a minimum of six feet from the property lines, for which specific regulations are provided in the City of Mattoon Building Code, as adopted by the City Council in § 150.01 of this code of ordinances.

      (6)   For the purpose of side yard requirements, a two-family dwelling or group house/townhouse, shall be considered as one building occupying a single lot.

      (7)   Buildings on through lots may waive the requirements for a rear yard by furnishing an equivalent amount of open space in lieu of the rear yard.

(Ord. 2015-5377, passed 5-5-2015; Am. Ord. 2024-5474, passed 2-20-2024)

   No building shall be erected which will increase the percentage of occupancy of the lot above the regulations given below, and the intensity of the use of lots shall conform to the following regulations for the respective districts.

   (G)   A lot in any district, except the C5 and I districts, which was a lot of record or was in separate ownership at the time of passage of this chapter, may be used as a residential building lot if additional frontage on either side of the lot was not under the same ownership at the time of passage of this chapter and cannot be reasonably acquired, as determined by the Zoning Board of Appeals, so as to meet the minimum requirements for intensity of use for a single-family dwelling in the district in which the lot is located.

   (H)   A minimum ground area shall be required for each dwelling unit in all districts where permitted as follows:

 

 

(Ord. 2015-5377, passed 5-5-2015; Am. Ord. 2024-5474, passed 2-20-2024)

   In all residence districts a triangular space shall be maintained at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and 12 feet above the established grade, determined by a diagonal fine connecting two points measured 15 feet equidistant from the street corner along each property line.

(Ord. 2015-5377, passed 5-5-2015)

   See Planned Unit Development Code Ordinance Number 88-4851.

(Ord. 2015-5377, passed 5-5-2015)

   (A)   In order to lessen or avoid congestion in the public streets and to promote convenience, safety and welfare, the following regulations are hereby established to require that each commercial or industrial use and other uses which by their nature will require the receipt and delivery of raw materials, wastes and finished products into motor vehicles shall provide off-street loading and unloading berths as follows:

 

 

 

 

   (B)   The Board shall require the provision of loading and unloading berths for special uses as a part of its procedure as outlined in § 159.65 and the loading requirements shall conform to those presented in this section.

(Ord. 2015-5377, passed 5-5-2015)

   (A)   The following requirements shall apply to ADUs established via special use:

      (1)   The Planning and Zoning Commission shall require that any special use for an accessory dwelling unit shall be recorded with the deed for the property and shall run with the land. The special use shall be contingent upon this requirement.

      (3)   (a)   All ADUs established via special use shall be inhabited only by blood relatives or marital relatives of the owner of the principal building.

         (b)   A designated caregiver for a resident of the principal building shall also be permitted, so long as said caregiver does not pay an inhabitant or owner of the principal building for the right to occupy the ADU.

      (5)   The construction of ADUs shall conform and adhere to the lot coverage, height, and setback requirements of the zoning district in which they are constructed.

      (6)   The construction of ADUs shall conform and adhere to the characteristics of the existing principal building.

      (8)   All ADUs shall require separate ingress and egress than that of the principal building.

      (10)   All kitchen facilities located within an ADU shall measure at least 50 square feet and contain the following facilities:

         (a)   A countertop for food preparation.

         (b)   Cabinetry for proper food storage.

         (c)   A sink with running water and a drain.

         (d)   A stove or stove hookup.

      (11)   Prior to the issuance of a building permit for an ADU, an accessory dwelling unit relative permit shall be obtained from the Building/Zoning Official. ADUs shall pass inspection by the Community Development Department prior to habitation.

      (12)   All ADUs located below grade or above the first floor of a structure shall have at least one exterior emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in all sleeping rooms, but shall not be required in adjoining areas of the basement. The sill height shall not be more than 44 feet above the floor.

         (a)   Emergency and escape rescue openings shall have a net clear opening of not less than 5.7 sq. ft. The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. The net clear height opening shall be not less than 24 inches and the net clear width shall be not less than 20 inches.

         ( c)    Ex: Windo ws A and B meet all of the area and dimensi ons require ments and would pass egress in Illinois. Window C, while meeting the dimension requirements, does not meet the area requirement and would not pass egress.

      (13)   All sanitary facilities shall adhere to the same requirements as the Illinois State Plumbing Code for single-family residences.

      (14)   All ADUs shall adhere to the most recently adopted Illinois Energy Efficiency Code to ensure adequate and safe living facilities.

      (15)   All ADUs shall adhere to the currently adopted property maintenance code.

      (16)   All detached ADUs shall have a dedicated subpanel for electrical supply.

   (B)   The following requirements shall apply to ADUs established by right in R2, R3, C1, C2, C3, and C5 Zoning Districts: the same requirements as outlined for ADUs established by special use with the following exceptions:

      (1)   Hierarchical zoning for ADUs shall not be permitted in C4 and Industrial Districts.

      (2)   ADUs established via this section may be occupied by non-family members for rental purposes.

      (3)   Prior to the issuance of a building permit for an ADU, an accessory dwelling unit rental permit shall be obtained from the Building/Zoning Official.

      (4)   ADUs shall pass inspection by the Community Development Department prior to habitation.

(Ord. 2024-5478, passed 3-19-2024)

   All short-term rentals (STR) shall adhere to the following requirements:

   (A)   Guests, the property manager, and STR property owner of a STR may not use or allow the use of sound equipment that produces sound in excess of 70 decibels at the property line between 10:00 a.m. and 10:00 p.m.

   (B)   Guests, the property manager, and STR property owner of a STR may not use or allow use of sound equipment that produces sound audible beyond the property line between 10:00 p.m. and 10:00 a.m.

   (C)   Guests, the property manager, and STR property owner of a STR shall not make or allow another to make noise or play a musical instrument audible to an adjacent business or residence between 10:00 p.m. and 7:00 a.m.

   (D)   If a building permit prohibiting occupancy of the structure is active, no person may occupy, for sleeping or living purposes, the structure until final inspections have been passed and the building permit is closed.

   (E)   The property manager and STR property owner of a STR shall not advertise or promote or allow another to advertise or promote a short-term rental without including:

      (1)   A special use ordinance number which authorized its use as an STR or an STR amnesty period waiver number. These may be obtained from the Community Development Department of the City of Mattoon.

      (2)   The applicable occupancy limit for the short-term rental.

      (3)   Disclosure of any barriers to access for guests with ADA needs on the property.

   (F)   The property manager and STR property owner of a STR may not advertise or promote, or allow another to advertise or promote, the dwelling as a short-term rental if they have not obtained a special use permit for a short-term rental.

   (G)   The following information shall be provided to all guests of an STR property.

      (1)   The name and contact information of the property manager of the short-term rental or their designee. This contact information shall include a working phone number that the property manager or their designee has immediate access to.

      (2)   Occupancy limits are no more than two adults per bedroom and no more than two additional adults as guests per dwelling.

      (3)   Restrictions on noise as outlined in divisions (A) and (B) of this section.

      (4)   Applicable parking restrictions.

      (5)   Applicable trash collection schedule.

      (6)   Information on relevant burn bans.

      (7)   Disclose any barriers to access for guests with ADA needs on the property.

   (H)   The property manager of a STR shall:

      (1)   Present relevant information to renters as outlined in division (G) of this section at the start of their stay.

      (2)   Post a packet of said relevant information conspicuously in the common area of each short-term rental.

      (3)   The property manager or their designee shall be able and available to respond to maintenance and public nuisance- related needs upon request of the tenant or the City of Mattoon, within a reasonable timeframe given the nature of the circumstance, during the time in which the short-term rental is hosting tenants.

   (I)   Short-term rentals shall be categorized in four tiers:

         (a)   A short-term rental that is rented for less than 30 consecutive days, includes the rental of an entire dwelling, is not part of a multi-family residential use, and is not owner- occupied or associated with an owner-occupied principal residential unit.

         (b)   A Tier II rental shall not:

            1.   Include the rental of less than an entire dwelling unit.

            2.   Operate without providing notification of city ordinance related to short-term rentals to rentals.

            3.   Be located on a lot that is within 1,200 feet of the property boundary of a lot on which another Short-Term Rental Tier II is located.

(Ord. 2025-5488, passed 3-18-2024)