Pinckneyville City Zoning Code
ZONING DISTRICTS
§ 154.080 GENERAL REGULATIONS.
In order to implement the regulatory scheme of this chapter so as to achieve the objectives stated in § 154.001, the entire city is hereby divided into the following zoning districts:
ZONE DISTRICTS
Name of District | Designation | Minimum Area |
Name of District | Designation | Minimum Area |
Residential District | R-1 | 1 Acre |
Residential District | R-2 | 1 Acre |
Primary Business District | C-1 | 1 Acre |
Highway Business District | C-2 | 1 Acre |
General Industrial | G-1 | 1 Acre |
Non-Urban | NU | 3 Acres |
Flood Plain Overlay | OFP | None |
(Ord. O-2014-06, passed 8-11-14)
§ 154.081 MINIMUM AREA OF DISTRICT.
The minimum area requirement in the above chart, which is intended to prevent spot zoning, establishes the smallest total area of contiguous parcels that can properly be given the particular district classification. The minimum area requirement is not satisfied merely because the areas of numerous non-contiguous parcels, when aggregated, happen to equal or exceed the minimum area indicated above.
(Ord. O-2014-06, passed 8-11-14)
§ 154.082 ZONING MAP AND DISTRICT BOUNDARIES.
The boundaries of the listed zoning districts are hereby established as shown on the official zoning map of the city. This official map, including all notations and other information thereon, is hereby made a part of this chapter by reference. The official zoning map shall be kept on file in the Zoning Administrator’s office.
(Ord. O-2014-06, passed 8-11-14)
§ 154.083 DETERMINING TERRITORY OF DISTRICTS.
In determining with precision what territory is actually included within any zoning district, the Zoning Commission shall apply the following rules:
(A) Where a district boundary as indicated on the zoning map approximately follows any of the features listed below on the left, the corresponding feature on the right shall be deemed the district boundary:
Centerline of any street or alley | such centerline
|
Lot line | such lot line |
Railroad tracks | right-of-way line of such tracks |
Stream | center of such stream |
Section, fractional, or survey lines | such lines |
(B) Whenever any street, alley, or other public right-of-way is legally vacated, the zoning districts adjoining each side of such vacated public way shall automatically extend to the center of such way, and all territory included in the vacated way shall thereafter be subject to all regulations of the extended districts.
(C) The regulatory 100 year flood elevation at any point in question shall determine where the floodplain overlay district boundary is located on the land.
(D) Whenever territory is annexed into this city, the Zoning Commission shall determine its district classification at the time of annexation.
(Ord. O-2014-06, passed 8-11-14)
§ 154.084 GENERAL PROHIBITION.
Hereafter, it shall be unlawful to erect, use, occupy, enlarge, alter, relocate or reconstruct any structure or part thereof; create any lot; or use, occupy, or develop any lot or part thereof except in conformity with the provisions of this chapter.
(Ord. O-2014-06, passed 8-11-14)
§ 154.085 UNLISTED USES PROHIBITED.
Any use not specifically listed as permitted or allowed by special use permit within a particular zoning district shall be deemed prohibited in that district until the Zoning Board of Appeals or Zoning Commission rezones the property in question or otherwise amends this chapter in accordance with § 154.058.
(Ord. O-2014-06, passed 8-11-14)
§ 154.086 MEETING MINIMUM REQUIREMENTS.
Except as specifically provided otherwise in this chapter, every lot must independently meet the minimum area, minimum dimensions and minimum setback requirements of the district in which it is located (i.e. without counting any portion of an abutting lot).
(Ord. O-2014-06, passed 8-11-14)
§ 154.087 ACCESS REQUIRED.
No structure shall be erected on any lot unless such lot abuts or has permanent access to a public street or a private street that conforms to the standards set forth in the Pinckneyville, Illinois Subdivision Ordinance.
(Ord. O-2014-06, passed 8-11-14)
§ 154.088 FRONT SETBACKS CORNER/THROUGH LOTS.
Every lot with multiple frontages (e.g. corner or through lots) shall meet the front setback requirement of the district in which it is located on every side that abuts a street.
(Ord. O-2014-06, passed 8-11-14)
§ 154.089 INTRUSIONS INTO YARD.
To the extent indicated, the following features of principal buildings may intrude into required yards without thereby violating the minimum setback requirements:
Features | Maximum Intrusion
|
Cornices, chimneys, planters or similar architectural features | Two feet |
Fire escapes | Four feet |
Patios | No limit |
Porches, if unenclosed and at ground level | Six feet |
Balconies | Four feet |
Canopies, roof overhangs | Four feet |
(Ord. O-2014-06, passed 8-11-14)
§ 154.090 EXCEPTION TO HEIGHT LIMITS.
(A) Necessary appurtenances. Chimneys, church spires, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas or other necessary appurtenances commonly constructed above the roof line shall be permitted to exceed the maximum height limitations of the district in which they are located provided they comply with all other pertinent regulations of the city, state and federal government.
(B) Intersections. On corner lots, in the triangular portion of land bounded by intersecting street lines and a line joining these street lines at points 30 feet from the point of intersection, no obstruction, whether natural or man-made, shall intrude into the air space that is between two feet and ten feet above the level of the adjacent street.
(C) Airport hazard areas. Notwithstanding any other provision of this chapter, all structures erected within any airport hazard area, as defined by state law, shall conform to the location, height and identification requirements imposed by the Illinois Department of Transportation pursuant to an Act relating to Airport Zoning (see ILCS Ch. 620, Act 25, §§ 1 through 37) and an Act in Relation to Zoning to Eliminate Airport Hazards (see ILCS Ch. 620, Act 25, §§ 1 through 37).
(Ord. O-2014-06, passed 8-11-14)
§ 154.091 SEWERS; SEPTIC TANKS.
(A) In all districts, property owners of all structures and places where people live, work or assemble shall provide for the sanitary disposal of all sewage in accordance with the following requirements:
(1) Whenever the public sanitary sewer system is reasonably available (i.e. when the distance from the property in question to the nearest public sewer with available capacity does not exceed 300 feet for single family dwellings and 1,000 feet for commercial establishments or multi-family dwellings), all sewage shall be discharged into such system, whether or not a private sewer system is more convenient.
(2) Whenever the public sewer system is not reasonably available, a private sewer system (whether central or individual) shall be installed and used. All private sewer systems shall be designed, constructed, operated and maintained in conformity with the following requirements:
(a) Illinois Private Sewage Disposal Licensing Act (see ILCS Ch. 225, Act 225) as amended from time to time;
(b) Illinois Private Sewage Disposal Code No. 4.002, promulgated by the Director of the Illinois Department of Public Health, as amended from time to time;
(c) Pertinent, current regulations issued by the Illinois Environmental Protection Agency; and
(d) Applicable city or local codes and ordinances, particularly the Pinckneyville, Illinois Subdivision Ordinance.
(3) A building permit shall not be issued until a private sewage permit has been issued by the Perry County Health Department.
(B) The Zoning Administrator shall not issue any initial certificates of zoning compliance unless, following consultation with technically qualified persons as necessary, he or she is satisfied that these requirements will be met. Furthermore, no final certificate shall be issued until all final qualifications are met.
(Ord. O-2014-06, passed 8-11-14)
§ 154.092 ONE DWELLING PER LOT.
Except as specifically provided otherwise herein, only one dwelling may be situated on any lot or lot of record. Thus, for example, it shall generally be unlawful to place a mobile home on any lot on which there is an existing dwelling.
(Ord. O-2014-06, passed 8-11-14)
§ 154.093 ACCESSORY USES.
Any accessory use (see definition in § 154.006) will be deemed permitted in a particular zoning district if such accessory use is:
(A) Accessory to a principal structure or use that is permitted in that zoning district or allowed by a special use permit that has been granted; and
(B) In compliance with the restrictions set forth in § 154.094.
(Ord. O-2014-06, passed 8-11-14)
§ 154.094 ACCESSORY USE RESTRICTIONS.
(A) Height. No accessory use shall be higher than:
(1) Fifteen feet in any Residential District but may not be higher than the dwelling that is the principal structure to the accessory use.
(2) Twenty-five feet in the Primary Business, Highway Business and General Industrial Districts.
(B) Setbacks. In the:
(1) Primary and Highway Business or General Industrial Districts, no accessory use shall encroach into any part of any yard (front, side, or rear) that is required by the minimum setback regulations of the particular district.
(2) Residential Districts, accessory uses are prohibited in any required front yard, but permitted in any side or rear yard provided such accessory uses are not closer than five feet to any side or rear lot line (the accessory use shall not exceed more than 30% of the available side/rear yard space or a ground floor coverage area in excess of 1,200 square feet whichever amount is less).
(C) Prohibited storage containers. No railroad or train car nor any truck body or shell shall be construed as a storage container unless:
(1) The proposed site is located in the General Industrial District; and
(2) A special use permit has been granted in accordance with § 154.036.
(D) Intermodal containers. Intermodal containers may be located on a site within District C-1, District C-2, or District G-1 in compliance with all regulations for accessory use as set forth in this chapter.
(E) Use as dwelling. Use of any accessory structure as a dwelling is strictly prohibited in every zoning district.
(F) Location on lots or lots of record with common ownership. A special use may be permitted on a lot or lot of record separate from the lot or lot of record on which the principal structure is located, provided that all lots or lots of record are contiguous and all such lots or lots of record have the same common ownership. Such accessory use may be permitted by special use permit that has been granted in accordance with the terms of this chapter. All accessory use shall terminate in the event the lots or lots of record which are improved with the accessory use are conveyed or separated from the common ownership with the lots or lots of record which are improved with the principal structure. Any such accessory use must be removed or terminated prior to any conveyance which terminates the common ownership or the lots or lots of record.
(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2023-07, passed 5-22-23)
§ 154.095 TEMPORARY USES.
Except as specifically provided otherwise in this chapter, no temporary structure and/or use shall be permitted without issuance of a temporary use permit.
(Ord. O-2014-06, passed 8-11-14)
§ 154.096 ON-SITE ROOF MOUNTED SOLAR ENERGY COLLECTOR.
An on-site roof mounted solar energy collector is a permitted use in all zoning districts provided the system complies with the following requirements:
(A) The installation of any solar panel (on-site) 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 building inspector 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) Solar energy collectors shall be such a weight to be safely supported by the building. Building inspector approval is required.
(I) Solar energy collectors shall be considered a part of the building and meet all the required building height and setback requirements.
(J) Solar energy collectors shall not project more than two feet above highest point of roof or exceed maximum building height limitations allowed in that zoning district.
(K) Solar energy collectors shall not be located within three feet of any peak, eave, or valley to maintain adequate accessibility.
(Ord. O-2020-28, passed 10-26-20)