Mokena City Zoning Code
CHAPTER 6
GENERAL PROVISIONS
9-6-1: LOTS:
A. Number Of Buildings On A Lot: Not more than one principal building may be located on a single lot of record or a single zoning lot unless otherwise authorized by this title.
B. Division Of Lots: No lot shall hereafter be divided into two (2) or more lots for the purpose of transfer of ownership, unless the division shall conform with all the applicable regulations of the village subdivision and plat ordinance and this title, except as permitted under the state plat act.
C. Through Lots: On vacant through lots, the front lot lines shall be along the street right of way designated by the zoning official, except that when a front lot line has been established on one or more lots in the same block and all have front lot lines established along the same street right of way line, the street right of way line designated as the front lot line for such lot or lots shall be the front line on all vacant through lots for such block. Only such obstructions as herein permitted in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard, except for lots backing to thoroughfares in subdivisions where no-access strips have been provided on the recorded plats.
D. Corner Lots: On a corner lot, the front lot line shall be the lot line having the shortest dimension along the street right of way line. The required front yard setback on corner lots shall apply to each side of the lot facing a street.
E. Street Frontage And Access: Every lot must have frontage on a public street and must be provided with facilities for ingress and/or egress to and from such public street conforming to such standards as to design and location as meet the requirements set forth by the village and are approved by the road authority onto whose road or street such ingress and/or egress is to be made.
F. Lot Area Exclusions: Any portion of a lot located within the 100-year floodplain or floodway, within wetlands, lakes, ponds, areas used for storm water detention, or areas used for floodplain compensatory storage, may not be counted towards the minimum lot area. (Ord. 2000-O-005, 2-14-2000)
9-6-2: OPEN SPACE ON LOTS:
The following general provisions dealing with open spaces, lot coverage, yards, setbacks, and vision clearance, and permitted obstructions are provided for herewith:
A. Provisions Of Open Spaces: The provisions of yards, courts, and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts, or other open space, or minimum lot area allocated to any building, shall by virtue of change of ownership, or for any other reason, be used to satisfy yard, court, or other open space or minimum lot area requirements for any other building.
B. Location Of Open Spaces: All yards, courts, and other open space allocated to a building or group of buildings shall be located on the same zoning lots as such building or group of buildings.
C. Yards For Existing Buildings: No yard now or hereafter provided for a building existing on the effective date of this title shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirement of this title for equivalent new construction. However, a yard adjoining a street may be reduced to provide right of way for a street widening.
D. Required Setbacks: Notwithstanding any other provision of this title, no building or structure shall be erected, constructed, structurally altered, or enlarged within thirty feet (30') of a planned public right of way.
E. Exception For Established Setbacks:
1. Where fifty percent (50%) or more of the frontage of one side of a street between two (2) intersecting streets is developed with buildings that have observed (within a variance of 10 feet or less) a front yard greater in depth than required herein, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.
2. Where fifty percent (50%) or more of the frontage on one side of a street between two (2) intersecting streets is developed with buildings that have not observed a front yard as herein required, then:
a. Interior Lots:
(1) Where a building is to be erected within one hundred feet (100') of existing buildings on both sides, the minimum front yard shall be the average of the front yard setbacks of the two existing buildings.
(2) Where a building is to be erected within one hundred feet (100') of an existing building on one side only, it may be erected as close to the street as the existing building.
b. Corner Lots: The depth of the setback lines shall be as normally required in the district where the lot is located.
F. Vision Clearance: At the intersection of roads or at the point of ingress and egress onto roads, no structure, parked vehicle, or plant material shall obstruct a clear path of motor vehicle driver’s vision of approaching vehicles within a triangular area determined by a diagonal line connecting two (2) points measured seventy five feet (75') equidistant from the point of intersection with the centerlines of the roads and the points of ingress and egress.
(Ord. 2000-O-005, 2-14-2000; amd. Ord. 2002-O-011, 5-28-2002; Ord. 2025-O-011, 7-14-2025)
9-6-3: STRUCTURE HEIGHT:
The following requirements qualify or supplement, as the case may be, the nonresidential district regulations appearing elsewhere in this title:
A. Maximum Height: Chimneys, parapet walls, steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, step towers or scenery lofts, tanks, barns, silos, and spires, necessary mechanical appurtenances, or penthouses may be erected to a height not exceeding sixty five feet (65'), provided however, such structures are setback from any adjacent residential district a distance equal to their height.
B. Airports: No building or structure shall be constructed which is subject to notice under federal aviation regulations, until it is determined by the federal aviation administration not to be a hazard to aerial navigation.
1. Applications For Development: All applications for development approval, dealing with property located within two (2) miles of any airport, shall be forwarded to the federal aviation administration for their review and comment. In addition, plans to construct any structure or building to a height exceeding one hundred sixty feet (160'), regardless of location, shall be forwarded to the federal aviation administration for their review and comment.
2. Other Related Information: The zoning official shall make available to the federal aviation administration any data relating to a petitioner's request to construct a building or structure within two (2) miles of any airport.
3. Disclosure Statement: A disclosure statement indicating the fact that "the land in question is a certain distance from an airport and that residents of the property may be subject to high noise levels" must be provided by the seller to each potential purchaser of property within one mile of the boundary lines of any airport. (Ord. 2000-O-005, 2-14-2000)
9-6-4: EXEMPTIONS:
A. Existing Agricultural Exemptions: The provisions of this title shall not be exercised so as to impose regulations or required permits with respect to land used or to be used for existing agricultural purposes or with respect to the erection, maintenance, repair, alteration, remodeling, or extension of buildings or structures used or to be used for existing agricultural purposes upon such land, except that such buildings or structures for agricultural purposes shall conform to building or setback lines, and shall be subject to the building permit requirements of subsection 9-1-4F of this title. Also, in the interest of public health, a residence and its water supply and sewage disposal facilities in connection with an agricultural use, shall not be exempt. In the event that the land ceases to be used solely for agricultural purposes, then and only then shall the provisions of this title apply. (Ord. 2000-O-005, 2-14-2000)
B. Public Utility Exemption: All village owned infrastructure including poles, towers, wires, cables, conduits, vaults, laterals, pumping and treatment facilities or any other similar distribution equipment of a public utility is exempt from the requirements of this title. This section does not exempt the village from adhering to the requirements of this title as it relates to buildings, pavement, parking, landscaping and the outdoor storage of equipment and materials. All public utilities, other than village owned, shall be exempt from the requirements of this title only as it relates to infrastructure placed underground, as provided for in subsection C of this section, or as provided for in franchise agreements with the village for the placement of utilities in rights of way or in easement areas. (Ord. 2002-O-011, 5-28-2002)
C. Underground Installations Exemption: Pipelines and other underground installations, to the extent that the same are completely buried beneath the surface of the soil, are exempt from the requirements of this title; provided, that any incidental or associated structures, installations, or equipment, except markers, used in connection with such pipelines or other underground installations, and which protrude or are extended above the surface of the soil, shall, to the extent of such protrusion or extension, be subject to all of the applicable provisions hereof. (Ord. 2000-O-005, 2-14-2000)
9-6-5: WATER SUPPLY AND SEWAGE DISPOSAL:
Every residence, business, trade, or industry hereafter established which utilizes private individual water wells or sewage treatment systems shall provide such facilities in conformance to standards of design and location approved by the county health department. (Ord. 2000-O-005, 2-14-2000)
9-6-6: EROSION AND SEDIMENTATION CONTROL:
To minimize environmental degradation caused by erosion and sedimentation, all grading and construction shall adhere to title 11, chapter 3 of this Code. (Ord. 2000-O-005, 2-14-2000)
9-6-7: EXTERIOR MATERIAL AND CONSTRUCTION REQUIREMENTS:
A. Definitions: The terms below are defined as follows:
FRONT ELEVATION: Includes those side portions of a structure which face or are contiguous with a public street or streets, thoroughfare(s) or way(s).
GLASS: Includes all windows and plate glass together with frame for same.
MASONRY MATERIALS: Mechanically anchored veneer of clay brick, stone, pre-cast concrete, load bearing and non-load bearing architectural concrete brick, or similar masonry material, with minimum thickness of 2.625". Does not include materials such as, but not limited to, poured-in-place concrete or plain concrete masonry units.
SIDE ELEVATION: Includes that portion or portions of a structure which do not face or are not contiguous with a public street, thoroughfare or way.
B. Compliance Required: Any buildings or improvements constructed on any real property within the Village shall comply with all terms and provisions of this section.
C. Requirements:
1. All buildings or improvements designed or intended to be constructed in any commercial, office or industrial district must have a poured concrete footing extending to a depth below the standard frost line together with poured concrete foundation.
2. One hundred percent (100%) of the total surface area of all elevations of any building or improvement constructed in a commercial or office district shall be constructed of masonry materials and glass.
3. One hundred percent (100%) of the total surface area of the front elevation of any building or improvement constructed in an industrial district and seventy five percent (75%) of all other elevations shall be constructed of masonry materials and glass.
4. All buildings designed or intended to be constructed in any residential zoning district must have one hundred percent (100%) of all the first floor elevations constructed of masonry materials and glass.
5. The use of pre-cast concrete shall not be allowed for buildings less than ten thousand (10,000) square feet in area and shall not be permitted in the C-4 Traditional Downtown Commercial Zoning District.
D. Exceptions:
1. The terms and provisions of this section shall not apply to accessory buildings unless the front elevation(s) is/are facing a public street(s) or thoroughfare(s) or way(s), in which case thirty percent (30%) of the total surface area of the front elevation(s) of said accessory building shall be constructed of solid finished veneer and glass. Accessory buildings or structures on residentially zoned property are exempt from this section.
2. A maximum of twenty percent (20%) of an elevation may be of metal, wood, plastic or other nonmasonry or glass material for the purpose of architectural differentiation. Approval of such materials shall be at the sole discretion of the Building and Zoning Administrator.
3. Buildings or structures constructed in the R-5 or the traditional business district may be exempt from the requirements of this section at the discretion of the Building and Zoning Administrator or his designee. (Ord. 2018-O-013, 6-11-2018; amd. Ord. 2000-O-024, 7-10-2000; Ord. 2025-O-011, 7-14-2025)