Midlothian City Zoning Code

   (A)   Number Of Buildings On A Lot: In the R-1 and R-2 districts, there shall be no more than one principal building on a lot.

   (B)   Activities Within An Enclosed Building: Within all nonresidential zoning districts, all activities, including outdoor storage, merchandise display, repairs, services, commercial and manufacturing activities, shall be conducted wholly within an enclosed building, except in accordance with section 11-13-11, "Screening Of Manufacturing Activities And Outdoor Storage", of this title.

   (C)   Frontage On A Public Or Private Street: All lots shall front on a public or private street.

   (D)   Maintenance Of Required Yards: No lot shall be reduced in area so that the yards become less than required by this title. The minimum yard required for a building or structure shall not be considered a yard space for any other building or structure.

   (E)   Control Over Bulk: All buildings and structures erected after the effective date hereof shall meet the requirements for the zoning district in which the structure or building is located. No existing building shall be enlarged, altered, reconstructed or relocated in such a manner that conflicts with the requirements of the zoning district in which the building or structure shall be located.

   (F)   Prohibited Use Of Land And Buildings: No building, structure, or land shall be used for any use other than one that is allowed as a permitted or special use in the zoning district in which such building, structure or land is located. However, buildings, structures or land may be used for a temporary use or accessory use as specified in this title, provided that such building, structure or use complies with all other requirements of this title.

   (G)   View Obstruction: Notwithstanding any provisions relating to height hereinbefore stated, the visional clearance area at the intersection of two (2) streets, which shall be defined as a triangular area measured twenty five feet (25') on the front lot line and fifty feet (50') on the corner side lot line of a corner lot, shall not be obstructed by any sign, wall, fence, hedge, shrubbery or other object which exceeds four feet (4') in height. In the event that the grade of a lot is higher than the street grade, the height of the wall, fence, hedge or shrubbery shall be reduced so that the visional clearance is not obstructed four feet (4') over the grade of the street. The site distance triangle is illustrated below.

(Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   Garages, Sheds, Cabanas And Gazebos:

      1.   Compliance With Building And Fire Codes: Garages, sheds, cabanas and gazebos shall comply with the village building code and fire code.

      2.   Time Of Construction: No accessory building shall be constructed prior to construction of the principal building to which it is accessory.

      3.   Permitted Yards: No accessory building shall be permitted to be constructed within a front or corner side yard, beyond the building line of the house.

      4.   Size Of Accessory Buildings: One attached or detached garage is permitted on each single-family residential zoning lot. Attached or detached garages on single-family residential zoning lots shall not exceed eight hundred sixty four (864) square feet. Sheds shall not exceed one hundred twenty (120) square feet.

      5.   Maximum Permitted Height Of Accessory Buildings: No detached accessory building shall exceed fourteen feet (14') in height.

      6.   Required Rear Yard Setbacks: Accessory buildings shall be located a minimum of five feet (5') from a rear property line, unless it abuts an alley.

      7.   Required Interior Side Yard Setback: Accessory buildings, including any eaves or overhangs, shall be located a minimum of one foot (1') from any interior side yard line.

      8.   Required Corner Side Yard Setback: Accessory buildings, including any eaves or overhangs, shall meet the minimum corner side yard setback requirement for principal buildings in the zoning district in which they are located.

      9.   Minimum Distance From Other Buildings: Accessory buildings shall be located a minimum of ten feet (10') from any principal building on any lot and a minimum of five feet (5') from all other buildings on the zoning lot or abutting properties.

      10.   Occupancy Prohibited: Occupancy of any accessory building as a dwelling unit is prohibited.

   (B)   Porches, Decks, Terraces And Patios:

      1.   Decks, terraces and patios are permitted in the front or corner side yard if they meet the front or corner side yard setback requirement for principal buildings in the zoning district in which they are located. Attached, roofed or unroofed, porches may encroach a maximum of eight feet (8') into the required front yard. Porches, decks, terraces and patios are permitted in any required interior side or rear yard, provided that they conform to all other requirements of this section and are set back a minimum of five feet (5') from any interior side or rear lot line.

      2.   Porches, decks, terraces and patios shall comply with the village building code, and all porches, decks, terraces and patios require a building or pavement permit. Stoops are not considered porches.

   (C)   Mechanical Equipment:

      1.   In any zoning district, heating, ventilation and air conditioning (HVAC) equipment may only be located in the interior side or rear yard. Ground mounted mechanical equipment shall be located a minimum of eight feet (8') from any interior side lot line and a minimum of three feet (3') from any rear lot line.

      2.   Any heating, ventilation or air conditioning equipment located on the roof of any structure in any zoning district shall be screened either by an architectural element of the building (e.g., a parapet) or by a solid wall. Roof mounted equipment shall be located at least six feet (6') from any supporting wall of the building, so as to permit safe access to the roof by the fire department.

      3.   The location of mechanical equipment shall comply with the village building code.

   (D)   Exterior Lighting: All exterior lighting shall be designed, located and mounted at heights no greater than twenty five feet (25') above grade, with the exception of street lighting and athletic field lighting. All light fixtures shall be completely shielded and directed downward at all times. Light intensity shall comply with the current electrical standards of the village as determined by the superintendent of buildings.

   (E)   Fences:

      1.   Compliance With Building Code: Fences shall comply with the applicable provisions of the village building code, except as modified within this section.

      2.   Height: Fences shall be constructed so as not to exceed the following heights:

         (a)   On the side or front of a lot which is adjacent to a street, the height of the fence shall not exceed four feet (4') with fifty percent (50%) opacity, except where the fence is on or behind the required front or corner side building setback line. In that area the fence may be up to six feet (6'). These provisions shall not apply to fences built on property zoned for commercial or industrial purposes.

         (b)   On all other lot lines or portions of lot lines the height of the fence shall not exceed six feet (6').

      3.   Location:

         (a)   The fence may be constructed on the lot line or inside the lot line.

         (b)   Fences around swimming pools shall meet the requirements of subsection (F) of this section.

         (c)   Fences shall comply with the view obstruction regulations of this title.

      4.   Design:

         (a)   All fences shall be constructed with the finished side facing the exterior of the property. All posts shall be placed on the inside of the fence.

         (b)   Barbed or razor wire is prohibited in all districts.

   (F)   Swimming Pools: It shall be unlawful to construct, maintain, install or enlarge any swimming pool in the village except in compliance with all the provisions of this section. Swimming pools shall also be subject to the construction requirements of title 4, chapter 5 of this code, in addition to the following location standards:

      1.   No portion of an aboveground swimming pool outside a building shall be located at a distance less than six feet (6') from any side or rear property line or building line, and ten feet (10') from overhead or underground current carrying electrical conductors.

      2.   No portion of an inground swimming pool outside a building shall be located at a distance less than eight feet (8') from any side or rear property line or building line, and ten feet (10') from overhead or underground current carrying electrical conductors.

      3.   No portion of a swimming pool shall be located on any easement.

      4.   All outdoor swimming pools shall be completely enclosed by a fence. All fence openings or points of entry into the pool enclosure shall be equipped with gates. The fence and gates shall be a minimum of six feet (6') in height and above grade level, and shall be constructed of a minimum number nine (#9) gauge woven wire mesh corrosion resistant material, or similar material, or a fence approved by the village. All gates shall be equipped with self-closing or self-latching devices installed as to be inaccessible from the outside to toddlers. Fence posts shall be decay or corrosion resistant and shall be set in concrete bases.

      5.   When provided around elevated pool decks, deck rails shall have the entire outside perimeter protected by a rail with a minimum height of three feet (3') above the deck.

   (G)   Satellite Dish Antennas:

      1.   Mounting Of Satellite Dish Antenna:

         (a)   In residential areas, construction shall be roof or wall mounted. Roof or wall mounted satellite dish antennas shall not exceed eighteen inches (18") in diameter, unless approved as a special use.

         (b)   In nonresidential areas, construction of satellite dish antennas shall be roof or wall mounted. Where practical, installation shall avoid mounting antennas on roof appurtenances, such as chimneys, towers, poles or spires. Roof or wall mounted installations shall have a certification from a licensed structural engineer regarding the location, stating that the structure is capable of handling the antenna and said antenna does not provide any additional stress that the structure cannot bear. All installations shall be screened if possible. Where practical, installations shall be located at the rear of a structure. Roof or wall mounted satellite dishes shall not exceed eighteen inches (18") in diameter, unless approved as a special use.

      2.   Structure On Same Lot: No structure shall be linked physically or electronically to a receiver that is not located on the same lot, premises or parcel of land as said structure.

      3.   Construction: Construction shall be performed by a licensed contractor registered with the village or, in appropriate circumstances, may be performed by the individual homeowner. Licensed electrical contractors are required to install all line voltage work.

      4.   Materials; Color: The structure shall be constructed with galvanized structural supports and shall be nonreflective. Coloration shall blend with surroundings.

      5.   Advertising; Signage: Structure shall have no advertising or signage of any type displayed on it other than the name of the manufacturer in letters not to exceed two inches (2").

   (H)   Outdoor Fireplaces: Barrels, half barrels, fire pits and drums are not allowed as outdoor fireplaces. Permitted outdoor fireplaces shall comply with the Midlothian fire code and the following standards:

      1.   Fuel shall be dry wood, producing a minimum of smoke and particulate matter.

      2.   When in use, adult supervision shall be present at all times.

      3.   Such fireplaces shall be used only on an approved noncombustible surface.

      4.   Such fireplaces shall be used with screening and cover in place as originally manufactured and shall comply with manufacturer's fire safety standards.

      5.   Outdoor fireplaces shall be approved by the Underwriters Laboratory (UL).

   (I)   Driveways:

      1.   All driveways shall be paved. Appropriate paving materials include bituminous asphalt, concrete and paving blocks. An appropriate substrate material must be used to prevent degradation of the paved surface. Gravel driveways and driveways constructed of materials similar to gravel, including, but not limited to: sand, screenings, crushed gravel; flagstone and wood chips, are not allowed. Semipervious surfaces such as "Grasscrete" are not allowed.

      2.   In the R-1 district, the width of driveways shall be limited to forty percent (40%) of the width of the lot.

      3.   In the R-2 district, the width of driveways shall be limited to forty percent (40%) of the width of the lot or twenty feet (20'), whichever is less.

      4.   In the R-3 district, the width of the driveway shall be no wider than the width of the garage opening or parking space for each unit. When two (2) garages are built adjacent to one another, there shall be green space provided between the driveways for each unit.

      5.   In the R-4, R-5, B-1, B-2, B-3, O/I and OS districts, the driveway width shall be determined by the superintendent of buildings with the approval of the site plan review committee.

      6.   The width of a driveway may be increased between the village sidewalk and the curb by thirty percent (30%) of the width of the driveway between the street and village sidewalk, provided the paved area does not extend beyond the property line. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

Permitted encroachments can be found in table 11-1, as follows:

TABLE 11-1:   PERMITTED ENCROACHMENTS

 

 

(Ord. 1650, 10-10-2007, eff. 10-15-2007)

All uses shall comply with the performance standards established in this section unless any federal, state, county or village law, ordinance or regulation establishes a more restrictive standard, in which event the more restrictive standard shall apply.

   (A)   Noise: No activity or use shall be conducted in a manner that generates a level of sound as measured on another property greater than that allowed by noise regulations of the state pollution control board, as amended from time to time. The limits shall not apply to construction noises, noises emanating from safety signals or warning devices, noises not directly under the control of the owner or occupant of the property, and transient noises from moving sources, such as railroads and aircraft.

   (B)   Glare And Heat: Any activity, or operation of any use, producing glare or heat shall be conducted so that no glare or heat from the activities or operations shall be detectable at any point off the lot on which the use is located. Flickering or intense sources of light shall be controlled or shielded so as not to cause a nuisance across lot lines.

   (C)   Vibration: No earth borne vibration from any operation of any use shall be detectable at any point off the lot on which the use is located.

   (D)   Dust And Air Pollution:

      1.   Dust and other types of air pollution, borne by the wind from sources, such as storage areas, yards, roads, conveying equipment and the like, within lot boundaries, shall be kept to a minimum by appropriate landscaping, screening, sheltering, paving, fencing, wetting, collecting or other acceptable means. No persons shall cause, or allow, the emission of fugitive particulate matter across lot lines visible to an observer looking generally toward the zenith, beyond the property line.

      2.   This requirement shall not apply when the wind speed is greater than twenty five (25) miles per hour. Determination of wind speed for the purposes of this rule shall be by a one hour average or hourly recorded value at the nearest official station of the U.S. weather bureau or by wind speed instruments operated on the site.

   (E)   Discharge And Disposal Of Radioactive And Hazardous Waste: The discharge of fluid and the disposal of solid radioactive and hazardous waste materials shall comply with applicable village, state and federal laws and regulations governing such materials or waste. No operation that produces radioactive or hazardous waste material shall commence without prior notice to the village. Notice shall be given at least three (3) weeks before the operation is commenced. Radioactive and hazardous material waste shall be transported, stored and used in conformance with all applicable federal, state and village laws.

   (F)   Electromagnetic Interference: Electromagnetic interference from any operation of any use in any district shall not adversely affect the operation of any equipment located off the lot on which such interference originates and is subject to state and federal regulations.

   (G)   Odors: The release of materials intrinsically odorous, or capable of being odorous, by either bacterial decomposition or chemical reaction, which renders it perceptible from beyond the lot and constitutes a public nuisance, shall be prohibited.

   (H)   Toxic Substances: The storage, handling or transport of toxic substances shall comply with the laws of the state of Illinois and all federal laws and all state and federal regulations.

   (I)   Water Pollution: All uses shall comply with the state of Illinois pollution control board rules and regulations, 35 Illinois administrative code, subtitle C, "water pollution", as well as all applicable federal laws and regulations.

   (J)   Fire And Explosion Hazards: Materials that present potential fire and explosion hazards shall be transported, stored and used only in conformance with all applicable federal, state and local laws. (Ord. 1650, 10-10-2007, eff. 10-15-2007)