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Staunton City Zoning Code

ARTICLE IV

SUPPLEMENTARY ZONING REGULATIONS

40-4-1 APPLICABILITY OF ARTICLE.

This Article establishes lot and structure requirements, 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 or allowed by special use permit. But if more stringent regulations are applicable in any particular district, such regulations shall prevail.

40-4-2 CAMPING TRAILERS.

The regulations of this Section do not apply to camping trailers or other similar recreational vehicles parked in a permitted camping trailer park or permitted mobile home park. The requirements of paragraphs (A), (C), and (D) do not apply to camping trailers or other similar recreational vehicles parked on a permitted camping trailer sales lot.
   (A)   Only one camping trailer or other similar recreational vehicle can be parked on any one lot of a dwelling. A second camping trailer or similar recreation vehicle can be parked not to exceed fifteen (15) consecutive days in length during a twelve (12) month period.
   (B)   No camping trailer or other similar recreational vehicle shall be used as living quarters (other than in a camping trailer park).
   (C)   No camping trailer or other similar recreational vehicle shall be used as an office or for any other commercial purpose.
   (D)   No camping trailer or other similar recreational vehicle shall be parked on any front yard, except on a driveway. (See 210 ILCS Sec. 95/1 et seq.)
   (E)   No trailer or other type recreational vehicle shall be parked on a public street, alley or off-street parking for more than a seven (7) day period. (Ord. No. 2109; 3-22-21; Ord. No. 2151; 12-27-21)

40-4-3 FENCES, WALLS.

No fence or wall shall be installed without first obtaining a permit. Each application shall be accompanied by the fee in the amount of twenty five dollars ($25.00).
   (A)   No barbed wire fence, electrically charged fence or razor wire fence shall be erected anywhere in the Municipality, except barbed wire may be installed in Industrial Zoning Districts and General Commercial Districts at heights above seven (7) feet on fences otherwise in compliance with this Code.
   (B)   No fence, wall or other obstructions shall be erected within any public right-of-way without the written approval of the Zoning Administrator.
   (C)   No fence, wall, or other obstruction shall be erected in violation of the Illinois Drainage Code.
   (D)   Every fence, wall or other obstruction shall conform to the special height restrictions applicable in areas near intersections. No fence, wall or other obstructions in any front yard area shall exceed four (4) feet in height or in any rear or side yard exceed eight (8) feet in height.
   (E)   No fence, wall, or other obstruction should obstruct view at an intersection.
   (F)   Wood, vinyl or composites, wrought iron and chain-link will be allowed; all other types require a variance.
   (G)   Unacceptable materials: Construction fencing, scrap lumber, chicken wire, wood pallets, metal panels, hog wire, rope, plywood or fiberglass panels, fabric, galvanized sheet metal, barbed wire, sharp pointed fencing, electrically charged fencing, damaged or unsafe materials or other material that are not manufactured specifically as fencing materials.
   (H)   Temporary fencing including the use of wood or plastic for the purpose of protection of excavation and construction sites, and the protection of plants during grading and construction and during special events is permitted for up to sixty (60) consecutive days.
   (I)   Orientation: Fence posts and supports must be installed on the side of the fence that faces your own house or yard. The flat portion of the fencing material faces out toward the neighboring property.
   (J)   Maintenance.
      (1)   Property owners shall maintain fences, including those existing prior to adoption of the Section, at all times in a state of good repair, safe and secure condition, with all braces, bolts, nails, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening and able to withstand at all times in the wind pressure for which they are designated.
      (2)   Existing fences that were constructed prior to the adoption of this Section that were constructed with materials not currently permitted by this Section may be maintained as long as no part of the fence is or becomes unsafe, dilapidated, or a public nuisance the fence must be repaired with materials approved by this Section or be removed.
      (3)   The construction of a fence or wall on the property line shall not preclude the property owner's responsibility to maintain and keep the area between the property line to the back of curb or edge of pavement or center of alley, free and clear of debris and high weeds.
   (K)   Location.
      (1)   An applicant shall deterinine where the property lines are located. Placing a fence that goes over a lot line onto the neighbor's property is not allowed and must be relocated.
      (2)   Disputes over property lines must be remedied by an Illinois licensed surveyor. (Ord. No. 2109; 3-22-21)

40-4-4 FILLING STATIONS.

   (A)   All gasoline pumps and other service facilities shall be located at least twenty-five (25) feet from any street right-of-way line, side lot line, or rear lot line.
   (B)   Every access way (curb cut) shall be located at least two hundred (200) feet from any fire station, school, public library, church, park, or playground.
   (C)   All trash receptacles, except minor receptacles adjacent to the gasoline pumps, shall be screened from view.

40-4-5 HOME OCCUPATIONS.

A "home occupation" means any business, profession, or occupation for gain or support entirely within a residential building or on residential premises. Within this municipality every home occupation shall be considered a special use. No home occupation shall be established except in conformity with the following regulations.
   (A)   Unrelated Employees. A home occupation shall employ no more than one individual who is unrelated to the family residing on the premises.
   (B)   Floor Space. The total area used for a home occupation shall not exceed twenty-five percent (25%) of the gross floor area of the dwelling, or three hundred (300) square feet, whichever is less.
   (C)   Dwelling Alterations. In any residential district a principal residential building shall not be altered--to accommodate a home occupation--in such a way as to materially change the residential character of the building.
   (D)   Outdoor Storage. Outdoor (unenclosed) storage on the premises of equipment or materials used in connection with a home occupation is prohibited.
   (E)   Nuisances. A home occupation shall not generate any offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference noticeable at or beyond the lot lines.
   (F)   Signs. A home occupation, being a special use, is subject to conditions established by the City Council. A sign may be displayed by the home occupation based upon the recommendations and at the discretion of the City Council. The sign shall be a maximum of three (3) square feet in size and shall not be illuminated or detract from the general character of the neighborhood. (See Sec. 40-5-3 for parking.) (Ord. No. 1117; 02-09-98)

40-4-6 HOSPITALS, NURSING HOMES.

   (A)   The lot on which any hospital or sanitarium is situated shall have a minimum width and depth of three hundred (300) feet, and a minimum area of three (3) acres.
   (B)   The lot on which any nursing home is situated shall have a minimum width and depth of two hundred (200) feet, and a minimum area of 1.5 acres.

40-4-7 JUNK YARDS.

   (A)   No part of any junk yard--which includes any lot on which any three (3) or more inoperable vehicles are stored--shall be located closer than five hundred (500) feet to the boundary of any residential district.
   (B)   All vehicles, parts, and equipment shall be stored within a completely enclosed structure or within an area screened by a wall, solid fence, or closely-planted shrubbery at least eight (8) feet high and of sufficient density to block the view from adjacent property.

40-4-8 SANITARY LANDFILLS.

   (A)   All sanitary landfills shall conform to the rules and regulations adopted by the Illinois Pollution Control Council pursuant to Sections 5, 22, and 27 of the Environmental Protection Act and consistent with the policy and purposes expressed in Section 20 thereof. Such rules and regulations contained within "Solid Waste Rules and Regulations," State of Illinois, Environmental Protection Agency.
   (B)   After the effective date of this Code, no sanitary landfill shall be operated within this City without having first obtained a permit to operate from the Illinois Environmental Protection Agency.

40-4-9 SCHOOLS.

   (A)   The lot on which any school is situated shall have the minimum area indicated below:
      Type of School    Minimum Lot Area
      Nursery, Day Care Center   8,000 sq. ft.
      Other (elementary, junior high, senior high)   As required by State law (Ill. Comp. Stat., Chap. 105, Sec. 5/35-8--normally 4 acres, plus 1 additional acre for every 15 students in excess of 200.
   (B)   The principal building of any school shall be located at least twenty-five (25) feet from all lot lines.

40-4-10 SWIMMING POOLS.

Every swimming pool, whether public or private, shall be enclosed by a wall or fence at least four (4) feet in height and must have a gate that shall be locked when the pool is not in use. An above-the-ground pool, four (4) feet or higher, need not have a fence with a gate, so long as the ladder is removed when not in use.

40-4-11 UTILITY SUBSTATIONS.

Every electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, water storage facility, or similar facility shall be deemed a special use, and shall conform to the following regulations:
   (A)   Every lot on which any such facility is situated shall meet the minimum area and dimension requirements of the district in which it is located. Every part of any such facility shall be located at least twenty-five (25) feet from all lot lines, or shall meet the district setback requirements, whichever is greater.
   (B)   In any residential district, the structure housing any such facility shall be designed and constructed to be compatible with the residential character of the area.
   (C)   Every such facility shall be screened by close-planted shrubbery at least ten (10) feet in height and of sufficient density to block the view from adjacent property. Furthermore, if the Administrator deter-mines that the facility poses a safety hazard (for example, if there are exposed transformers), he shall require that a secure fence at least eight (8) feet in height be installed behind the planting screen.

40-4-12 MOBILE HOMES.

The following requirements are supplementary to the Illinois Mobile Home Parks laws as contained in the Illinois Compiled Statutes, Chapter 210, Sec. 115/1 et seq., and the Rules and Regulations adopted by the Illinois Department of Public Health pursuant thereto.
   (A)   Mobile Homes - Individual.
      (1)   All mobile homes shall be located in the "R-3" Zoning District.
      (2)   Mobile homes shall be utilized only as a dwelling unit for owner or renter occupancy.
      (3)   No mobile home shall be brought into or placed anywhere on individual lots within the "R-1" or "R-2" Zoning Districts.
      (4)   (a)   All mobile homes will be required to be skirted and anchored. Specifically, skirted with fire resistant material. Skirting shall be equipped with an inspection door at least twenty-four (24) inches wide to allow access to the underside of the home; and
         (b)   Anchors capable of withstanding a vertical tension force of four thousand eight hundred (4,800) pounds shall be installed at the corners of every mobile home stand or as otherwise necessary for protection against high winds. The anchors shall be firmly attached to straps which extend over the mobile home at each end. The straps shall consist of material capable of stabilizing the dwelling during high winds. Straps shall be firmly attached to the mobile home. Every mobile home shall be securely tied down to anchors.
      (5)   All mobile homes shall be connected to all available public utilities in accordance with all requirements for any residential structures in the City, shall be appropriately skirted, and shall conform to all requirements that are applicable to conventionally constructed dwelling units in the "R" District.
      (6)   Existing mobile homes may be replaced provided:
         (a)   It is replaced within six (6) months of removal of the existing mobile home.
         (b)   One mobile home per lot shall be permitted.
         (c)   Permanent foundations with hitch and wheels removed shall be required.
(Ord. No. 1352; 08-28-06)
   (B)   Mobile Home Parks and Courts.
      (1)   After the effective date of this Code, no mobile home park and/or court shall be operated within this City without having first obtained a permit to operate from the Illinois Department of Public Health. (Effective Date: June 1, 1993)
      (2)   Mobile home parks and/or courts shall be permitted by a special use permit only and shall meet the following requirements:
         (a)   Shall be located on a tract of land not less than two (2) acres.
         (b)   Shall contain at least three (3) mobile homes.
         (c)   Minimum Lot Size and Setback Requirements.
   Individual mobile home spaces shall be considered as lots and shall meet the following requirements:
            (i)   Minimum lot size: Six thousand (6,000) sq. ft.
            (ii)   Minimum lot depth:   One hundred (100) ft.
            (iii)   Minimum lot width:   Fifty (50) feet.
            (iv)   Minimum setback requirements:
               from front lot line:    Twenty (20) feet.
               from rear lot line:    Twenty (20) feet.
               from side lot line:    Five (5) feet.
            (v)   Minimum distance to a building on an adjacent lot: Ten (10) feet.
         (d)   Shall be skirted and anchored as per Section 40-4-12(A)(4).
         (e)   Two (2) off-street parking spaces shall be provided per mobile home.
         (f)   No access way may dead-end except as a cul-de-sac with appropriate turn-around space for emergency vehicles.
      (3)   Non-motorized camping trailers/recreational vehicles shall be permitted by special use permit only and shall meet all requirements of Illinois Manufactured Home Community Code Section 860.360.
(Ord. No. 1352; 08-28-06; Ord. No. 2151; 12-27-21)

40-4-13 PUBLIC BUILDINGS.

In any district where municipally owned or other publicly owned buildings are permitted, the following additional requirements shall be met:
   (A)   In any residential or conservation district, all municipal or other publicly-owned buildings shall be located at least twenty-five (25) feet from all property lines.
   (B)   In any residential, conservation or business district, there shall be no permanent storage of heavy construction or maintenance equipment (such as excavating, road building, or hauling equipment), unless in an enclosed building or enclosed within a solid wall or fence at least six (6) feet in height. Such storage areas, maintenance yards, or storage warehouses shall be located at least twenty-five (25) feet from any front or side property line.

40-4-14 KENNELS.

   (A)   The lot on which any kennel is situated shall have a minimum area of three (3) acres.
   (B)   Every kennel shall be located at least two hundred (200) feet from the nearest dwelling, and at least one hundred (100) feet from any lot line.

40-4-15 AGRICULTURAL ACTIVITIES.

   (A)   Farm Animals. No barn, stable, shed, or other structure intended to shelter farm animals (including, but not limited to, horses, cattle, hogs, and chickens) shall be erected closer than three hundred (300) feet to any existing dwelling or closer than two hundred (200) feet to any lot line of residential property, whichever distance is greater. Similarly, fences shall be erected or other means shall be taken to prevent farm animals from approaching closer than three hundred (300) feet to any existing dwelling or closer than two hundred (200) feet to any lot line or residential property, whichever distance is greater.

40-4-16 LIGHTING CONTROLS.

Any light used for the illumination of signs, swimming pools, or for any other purpose shall be arranged so as to confine the direct light rays away from neighboring residential properties and away from the vision of passing motorist.

40-4-17 STORAGE CONTAINERS.

It shall be unlawful to locate in this City or in the one and one-half (1 1/2) mile area surrounding the City, an accessory use known as a storage container as defined in Section 40-2-2 of this Code, on any R-1, R-2, R-3 and C-2 lot in the City, unless the use is permitted through a Special Use permit in the zoned district. All containers shall be closed and be secured when not in use. They shall meet all setbacks prescribed for uses and located on a foundation of rock or solid surface. (See Section 40-3-11 for height limitations.) (Ord. No. 2109; 3-22-21)