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Sangamon County Unincorporated
City Zoning Code

CHAPTER 17

06 Applicability Of Regulations

17.06.010 Provisions Considered Minimum Regulations; Exceptions

The regulations set by this title within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as provided in Sections 17.06.020 through 17.06.050.

(Res. 1-1 §3 (A) (part), November 16, 1982)

17.06.020 Conformity With District Regulations Required; Exceptions

No building, structure, or land shall be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations specified in this title for the district in which it is located except in cases incurred due to a catastrophe when applicable to owner occupied single-family and duplex residential dwellings established prior to the adoption of the Sangamon County zoning ordinance. In no way shall the reconstruction result in a greater violation of any provisions of the zoning ordinance than the nonconformity that existed prior to the catastrophe.

(Res. 1-1 §3 (A) (1), November 16, 1982; Res. 9, January 10, 1978)

17.06.030 Construction Or Alteration Of Buildings And Structures Permitted When

Unless otherwise provided, no building or other structure shall hereafter be erected or altered to:

  1. Exceed the height or bulk;
  2. Accommodate or house a greater number of families;
  3. Occupy a greater percentage of lot area;
  4. Have narrower or smaller rear yards, front yards, side yards, or other open spaces than is required in this title or in any other manner contrary to the provisions of this title.

(Res. 1-1 §3(A) (2), November 16, 1982)

17.06.040 Open Space Restrictions

No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this title, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

(Res. 1-1 §3(A) (3), November 16, 1982)

17.06.050 Yard Dimensions

  1. No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance. For small lots and parcels of land of record existing at the time of the adoption of this ordinance in all residence districts and the agricultural districts, notwithstanding the minimum lot area per dwelling unit and the lot width requirements for the district, a single-family detached residence, additions to single-family dwellings, and accessory buildings may be built upon such lot provided the following conditions can be met:
    1. The lot has a width of at least forty (40) feet;
    2. Each side yard shall be at least three (3) feet in width;
    3. The rear yard shall be at least three (3) feet in width;
    4. The front yard shall be not less than the average front yard of immediately adjacent buildings facing on the same street; and,
    5. For lots less than one (1) acre, sanitary sewer must be available, except that for pre-existing lots of record with public water but no public sewer, a minimum of 15,000 square feet is allowed.
  2. Preexisting small lots of record which are zoned for manufactured homes may have a manufactured home placed on them provided the above five (5) conditions can be met.
  3. The following lots or parcels in the "A" agricultural district, not existing on April 22, 1969, shall be considered lawful parcels for the purpose of obtaining a certificate of zoning compliance even though they have a lot area of less than forty (40) acres but have an area of at least one (1) acre, provided all other zoning requirements are met:
    1. Parcels with parcel identification numbers as of May 9th, 2001.
    2. All recorded surveys and lawfully recorded final plats recorded before May 9th, 2001. All tract surveys recorded after November 1st, 1987 must have had Plat Officer approval.
    3. All tract surveys approved by the Plat Officer before May 9th, 2001, and recorded within one hundred eighty (180) days of Plat Officer approval.
    4. All proposed subdivision final plats with an approved location and sketch map pursuant to the land subdivision ordinance of 1984, provided said plat must be recorded by May 8th, 2002. Minor subdivisions must be recorded by November 8th, 2001.
    5. Any tract used for a public purpose and owned by a local unit of government. The minimum one (1) acre lot area requirement would not apply

(Res. 13 Exh. A (part), June 11, 2002; Res. 7, December 11, 2001; Res. 12 §6(part), May 8, 2001; Res. 8, April 11, 2000; Res. 1-1 §3(A) (4), November 16, 1982)

17.06.060 One Building On A Lot; Exceptions

In all residence districts, no more than one principal building shall be located on a lot or parcel except in the case of large scale developments and planned unit developments which may have more than one principal building on a lot or parcel if it is in accord with a development plan approved for the project. This provision supersedes any covenant provision.

(Res. 1-1 §3(N), November 16, 1982)

17.06.070 Exceptions From Applicability

The following uses are exempted by this title and permitted in any district:

  1. Agricultural uses, as defined in Chapter 17.04, except that location of farm buildings shall conform with the front lot line, lot width, and front yard setback regulations of this ordinance (certificate of compliance still required);
  2. Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, temporary batch plants for use during construction only, air and noise pollution monitoring stations, and electric power, gas, water and sewer lines, provided that the installation shall conform when applicable with Federal Communications Commission and Federal Aviation Agency rules and regulations, and other authorities having jurisdiction;
  3. The temporary use of land for special events, only during the duration of the event, including but not limited to fairs, rodeos, firework stands, and seasonal fruit and vegetable stands; including associated parking. This exemption is not intended to allow general merchandise sales unrelated to special events. This exemption includes the temporary use of land for the installation, maintenance and operation of batch plants used by contractors in the ordinary course of construction activities. Such temporary use shall be granted only if the contractor obtains written permission from all residents within one thousand (1,000) feet of the batch plant. Such temporary use shall not continue past the duration of the single contract for which such batch plant was installed and operated; and,
  4. D. Telephone distribution centers, exchanges and substations and electric substations and distribution centers and gas regulator stations shall be exempt from the lot area and width requirements and the front yard requirement except that a fifteen (15) foot front yard must be maintained. The requirements of 17.40.010 relative to corner lots shall also apply.

(Res. No. 5, Exh. A, 11-14-2017; Res. 15, March 11, 1997; Res. 9, December 7, 1992; Res. 16a §§11, 24(part), November 19, 1985; Res. 1-1 §3(B), November 16, 1982)

17.06.080 Separability Of Provisions

It is hereby declared to be the intention of the county board that the several provisions of this title are separable, in accordance with the following:

  1. If any court of competent jurisdiction shall adjudge any provisions of this title or amendments thereto to be invalid, such judgment shall not affect any other provisions of this title or amendments thereto not specifically included in said judgment.
  2. If any court of competent jurisdiction shall adjudge invalid the application of the provisions of this title to a particular property, building, or other structure, such judgment shall not affect the application of said provisions to any other property, building or structure not specifically included in said judgment.

(Res. 1-1 §3(C), November 16, 1982)