Pinckneyville City Zoning Code
SPECIAL USE
REGULATIONS
§ 154.260 GENERAL.
This subchapter establishes lot and structure requirements. This includes design standards and use limitations for specific, potentially troublesome structures and uses. These regulations apply in every zoning district where the specific structure or use is permitted; but, if more stringent regulations are applicable in any particular district, such regulations shall prevail. It is the intent of this subchapter to provide peace, quiet, and domestic tranquility, and maintain the character of all residential neighborhoods within the city. It is further the intent of this subchapter to guarantee all residents freedom from excessive noise, traffic, nuisances, fire hazards, and other possible effects of commercial uses being conducted in residential areas. Therefore, the purpose of this subchapter is to define those conditions under which commercial uses commencing after adoption of this chapter shall operate.
(Ord. O-2014-06, passed 8-11-14)
§ 154.261 HOME OCCUPATIONS.
No home occupation shall be established or conducted except in conformity with the following regulations unless stated otherwise in this chapter:
(A) Unrelated employees. A home occupation shall employ not more than one individual who is unrelated to the family residing on the premises.
(B) Floor space. In Residential Districts, the total area used for a home occupation shall not exceed 25% of the gross floor area of the dwelling, or 300 square feet, whichever is less.
(C) Neighborhood interference. The home occupation shall not interfere with the reasonable use and enjoyment of neighboring residential properties and shall be located or conducted so that the average neighbor, under normal circumstances, would not be aware of its existence.
(D) Dwelling alterations. A dwelling shall not be altered to accommodate a home occupation in such a way as to materially change the residential character of the building.
(E) Outdoor storage. Outdoor storage of equipment or materials used in connection with a home occupation is prohibited in Residential Districts; however, limited use of an enclosed accessory structure is permissible for such storage needs.
(F) Nuisances. A home occupation shall not generate any offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference noticeable at or beyond the boundary lines of the lot.
(G) Parking. Every home occupation shall provide two off-street parking spaces in addition to the usual requirements for the dwelling if any need for parking is generated by the conduct of the home occupation. Said parking spaces shall be located on the same lot as the dwelling.
(H) Traffic. No traffic shall be generated by such home occupation in volumes that would infringe upon the safety and welfare of the residential neighborhood.
(I) Delivery. There shall be no commodity sold or services rendered that require delivery or shipment of merchandise, goods, or equipment by motor vehicles exceeding 12,000 pounds gross vehicle weight.
(J) Sign. A home occupation may display only one identification/advertising sign attached to the home or accessory building. The area of said sign shall not exceed six square feet and shall not be illuminated.
(K) Hours of operation. In no case shall a home occupation be open to the public at times earlier than 6:00 a.m. nor later than 6:00 p.m.
(L) Accessory structures. Garages or carports, whether attached or detached, shall not be used for home occupations other than for the storage of automobiles.
(M) Required notice. Any person wishing to begin operation of a home occupation shall be required to register such intent in advance of the initiation of business with the Zoning Administrator and agree in writing to the terms and conditions of divisions (A) through (L) of this section. Such agreement shall constitute the acceptance of these terms and permission of the city to initiate business operations. Failure to comply with these terms shall result in violation of this subchapter and may result in withdrawal of approval of the operation of the home occupation.
(N) Businesses operating in residential areas at the time of adoption. Nonconforming businesses operating in residential areas at the time of adoption of this chapter may, within 180 days after adoption, voluntarily register with the Zoning Administrator in order to ensure nonconforming status. Such registration will be at no charge, and will only be used to identify businesses for the purpose of applicability to nonconformance exemptions described in §§ 154.300 through 154.307.
(Ord. O-2014-06, passed 8-11-14)
§ 154.262 BED AND BREAKFAST.
(A) Bed and breakfast shall mean an owner-occupied dwelling providing accommodations for a charge to the public with no more then five guest rooms for rent. Such establishments shall be in operation for more than ten nights in a 12 month period. Bed and breakfast establishments shall not include motels, hotels, and boarding houses. Guest room shall mean a sleeping room intended to serve no more than two transient guests per night.
(B) Bed and breakfast establishments shall be a permitted use in the Highway Business District and Non-Urban District and shall require a special use permit in all Residential Districts.
(Ord. O-2014-06, passed 8-11-14)
§ 154.263 SALVAGE/RECYCLING CENTER/JUNK YARDS.
(A) No part of any salvage/recycling center or junk yard shall be located closer than 500 feet to the boundary of any Residential District.
(B) All vehicles, parts and equipment shall be stored within a completely fenced enclosure in a manner that does not pose a hazard to the safety, health, and environment of the surrounding residents and/or properties.
(C) Fence is to be eight feet in height from the ground and completely screen the contents of salvage/junk yard.
(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15; Am. Ord. O-2020-28, passed 10-26-20)
§ 154.264 KENNELS.
No kennels shall be permitted within the corporate limits of this city.
(Ord. O-2014-06, passed 8-11-14)
§ 154.265 RECREATIONAL VEHICLES.
No recreational vehicles, including self-contained units, travel trailers, or boats of any kind, shall be used for residential, commercial, or storage activities.
(Ord. O-2014-06, passed 8-11-14)
§ 154.266 SANITARY LANDFILLS.
No sanitary landfills shall be permitted within the corporate limits of this city.
(Ord. O-2014-06, passed 8-11-14)
§ 154.267 POLE BARN STRUCTURES.
Pole barn structures shall only be used as accessory, agricultural, or commercial buildings. Pole barn structures shall not be permitted as dwellings.
(Ord. O-2014-06, passed 8-11-14)
§ 154.268 SCREENING.
Any screening must conform to the front yard (any yard that abuts a street) setback requirements of the district in which it is located, unless it is of a height and/or type that does not obstruct or physically interfere with the effectiveness of an official traffic sign, signal or device, or obstruct or physically interfere with a motor vehicle operator’s view of approaching, merging or intersecting traffic.
(Ord. O-2014-06, passed 8-11-14)
§ 154.269 FENCES.
(A) No fences, walls, etc. shall be erected within any public right-of-way or on city property.
(B) Fences constructed in the rear and side yards shall not exceed eight feet in height from the ground.
(C) No barbed wire or electrically charged fences shall be erected or maintained anywhere in this city, except for government owned property and properties zoned as C-1, C-2, G-1 and NU that require additional security.
(D) The City is not responsible for determining the location of the property line. The duty shall be incumbent upon the property owner.
(E) No fence, wall or other obstruction shall be erected in any front yard with the exception of landscape fences specifically approved by the Zoning Administrator.
(F) An applicant for a zoning certificate for construction of any fence shall include on the application a statement that (1) the proposed fence will be constructed on the owner’s property, and (2) that the owner has determined the property boundaries by survey, or existing survey pins or monuments or that the boundaries have been determined by written agreement with the adjoining property owner.
(G) No fence, wall or other obstruction which completely encloses a lot or any part thereof shall be erected without providing for a gate or similar type of movable barrier to allow access to the enclosed area.
(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15; Am. Ord. O-2017-13, passed 5-22-17)
§ 154.270 SWIMMING POOLS.
(A) Both in-ground and above ground swimming pools are permitted.
(B) The setbacks for swimming pools shall be at least five feet.
(C) A zoning certificate shall be required for an in-ground swimming pool.
(D) No private swimming pool shall be located in any front yard.
(E) Every swimming pool that is capable of holding more than 24 inches of water 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 locking gate. However, an above ground pool with sidewalls extending at least 48 inches above finished elevation does not require fencing provided that access to the pool is removed or a lockable gate installed when the pool is unattended.
(Ord. O-2017-13, passed 5-22-17)
§ 154.271 GROUND MOUNTED SOLAR ENERGY COLLECTOR - ON SITE SYSTEM.
Ground mounted solar energy collector on-site are permitted as a special use with the following requirements in addition to any other condition imposed for the special use permit.
(A) The installation of any solar panel shall not negatively impact adjacent properties with additional or excessive storm water runoff and/or drainage.
(B) It shall be shown that all panels are adequately secured to the surface upon which they are mounted and that the mounting structure has the capability of supporting the panels.
(C) All panels shall have tempered, non-reflective surfaces to minimize glare and avoid interference with the use and enjoyment of adjacent properties.
(D) Solar energy equipment shall be repaired, replaced, or removed within three months of becoming nonfunctional.
(E) Each system shall conform to applicable industry standards including those of the American National Standards Institute (ANSI).
(F) Solar energy collectors shall be installed, maintained, and used only in accordance with the manufacturer’s directions. Upon request, a copy of such directions shall be submitted to the Zoning Administrator prior to installation. Building Inspector approval is required.
(G) Solar energy collectors and installation and uses shall comply with construction code, electrical code, and other state requirements.
(H) Ground-mounted solar energy systems are only permitted in the side and rear yards, unless permitted in front yard by issuance of a discretionary special use permit pursuant to this chapter.
(I) Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at any designed tilt angle.
(J) Ground-mounted solar energy collectors shall not exceed 12 feet in height measured from the ground at the base of such equipment. The height of the ground-mounted solar energy collector shall be measured from ground level to the highest point of the solar panel.
(K) There shall be a minimum of 25 feet from all-natural features including water courses, wood lots, wetlands, and 100-year flood plains.
(L) The total area of ground-mounted solar energy collection shall be included in calculations to determine lot coverage and shall not exceed the maximum lot coverage allowed for accessory use.
(Ord. O-2020-28, passed 10-26-20)