Last updated 05-05-97
Zoning Officers Page
ZONING ORDINANCE
MASON COUNTY, ILLINOIS
JUNE 10, 1975
Prepared By
G. R. JUSTUS AND ASSOCIATES LTD.
1032 College Street
Bowling Green, Kentucky 42101
Revised and Reprinted, 1981
P R E F A C E
The primary purpose of this report is to point out the need for
writing a Zoning Ordinance for Mason County. Many new zoning techniques
and improved procedures have been developed over the past years,
and Mason County's citizens should be allowed to benefit from this
modern technology. The report discusses the definition of zoning,
history, relationship to planning, objective, constitutionality, and
local responsibility.
This material strongly indicates that zoning will have a profound
effect upon the future desirability of Mason County.
A secondary purpose of this report is to provide a preliminary draft
of a prosed ZONING ORDINANCE that will allow the kind of quality land
development and construction desired by Mason County. The proposed
resolution incorporates technical provisions that reflect the desires,
goals, and objectives expressed by the citizens of the county in the
development of Mason County's COMPREHENSIVE PLAN.
ZONING CONTROL
Zoning is an invaluable tool for controlling and guiding the physical
development of a county. However, the ramifications of zoning are far
reaching, and if zoning is to be used to its full potential, it must be
understood and intelligently applied. The right to zone arises from the
ability of government to protect its citizens--POLICE POWER. The need to
zone occurs because of the congestion and conflicts caused by assembling
many people together within a relatively small area. Zoning is thus the
subordination of personal rights to protect the rights of the majority.
In turn the individual is protected from the encroachment by others or
from undesirable neighboring uses.
DEFINITION OF ZONING
Zoning is the enactment of an ordinance by the county government which
controls and regulates private property within the area of jurisdiction
of the county. A more complete definition of the zoning process is given
in "Local Planning Administration," and is as follows:
"Zoning consists of dividing the county into districts or zones and
regulation within such districts the use of land and the use, heights,
and area of buildings for the purpose of conserving and promoting the
health, safety, morals, convenience, and general welfare of the people
of the county. Zoning is the instrument for giving effect to that part
of the comprehensive County Plan or master plan which is concerned with
the privately-owned land- as distinguished from that part which is
concerned with public uses and facilities. The zoning map or zoning plan
along with the regulations pertaining thereto are thus a part of the
master plan--in essence, the compartment of the zoning resolution and
its administration are the legislative and administrative acts or processes
for giving effect to or carrying out this part of the comprehensive plan."
HISTORY
It is difficult to determine exactly when zoning started, since it
was a gradual evolvement brought about by an attempt to protect individual
property rights. Early California records show Law cases preventing
objectionable uses from occurring in residential neighborhoods. The
locations of stills and tanneries were controlled in Massachusetts as
early as 1692. Boston enacted height regulations, and fire districts
were established in early ordinances which excluded wooden buildings.
In the twentieth century, a movement for CIVIC IMPROVEMENT hastened
the development of more formalized zoning controls. In 1916, the first
comprehensive zoning ordinance in this country was enacted in the city
of New York. For the first time in history, a variety of protective
restrictions were incorporated into one ordinance, including regulating
the use of land and buildings, prohibiting industrial and business uses
in residential areas, regulating the density of population, and
controlling the bulk and height of buildings.
Refinement of zoning methods continued until today there exists an
accepted technical procedure for the formulation and enactment of a
zoning ordinance. A part of this procedure is the development of a
comprehensive plan upon which to base the zoning recommendations.
RELATIONSHIP TO PLANNING
Planning is the process used to develop LONG-RANGE plans and programs
for the development of the county. The planning process is composed of:
1) establishing accepted or agreed upon county goals and objectives;
2) gathering basic information about the county;
3) analyzing local considerations; and
4) making recommendations for future development. The comprehensive plan
adopted from this process is the guide which suggests how various
facilities should be developed within a county, which zoning is
essentially the legal instrument and administrative method for
effectuating the plan.
Planning must precede zoning to make zoning recommendations truly
meaningful. The zoning ordinance becomes the legal instrument which
regulates the use of land, and at least partially implements the
planning recommendations. Zoning can be considered the transition
between the present and the future, and should assure that this
transition occurs in an orderly and economic pattern. However,
this does not mean that the zoning ordinance should be an exact
duplicate of the comprehensive plan. Zoning reflects short-range
decisions intended to carry out the long-range recommendations of the Plan.
OBJECTIVE
Zoning is the principal means for the county to guide its future
growth and achieve a logical pattern of land use development. Land
development is thus provided for in a manner that is best for both
the entrepreneur and the county. If proper consideration is given to
both the economics of land use and physical design characteristics, a
desirable county should result.
Some of the generally accepted, specific objectives of zoning are:
1. To secure adequate light, pure air, and safety from fire
and other dangers.
2. To conserve the taxable value of land and buildings.
3. To prevent the overcrowding of land and buildings.
4. To lessen or avoid congestion in the public streets.
5. To promote the public health, safety, comfort, morals,
and general welfare.
CONSTITUTIONALITY
The draft of the Zoning Ordinance has been carefully written,
if for no other reason than to avoid any possible litigation at
some future date. A well-drafted ordinance is less likely to be
litigated than an ordinance which is poorly drawn. However, it
is impossible to foresee all possible legal interpretations, so
a clear and understandable ordinance is essential. Proper procedures
have been clearly spelled out in the ordinance draft since the
majority of litigations concern the procedural aspects of the
ordinance rather than the standards or technical aspects.
The right or constitutionality of zoning has long ago been fully
accepted by the United States Supreme Court as an appropriate
exercise of the police power. The courts have consistently help
that a property owner may not use his property in a way harmful
to others. The Supreme Court, in 1905, in the case of Jacobson v.
Massachusetts, 197 U.S. 11, p. 26 said:
"...But the liberty secured by the Constitution of the United States
to every person within its jurisdiction does not impart an absolute
right in each person to be, at all times and in all circumstances,
wholly freed from restraint. There are manifold restraints to which
every person is necessarily subject for the common good. On any other
basis, organized society could not exist with safety to its members.
Society based on the rule that each one is a law unto himself would
soon be confronted with disorder and anarchy. Real liberty for all
could not exist under the operation of a principle which recognizes
the right of each individual person to use his own, whether in respect
of his person or his property, regardless of the injury that may be
done to others..."
RESPONSIBILITY
Zoning is a responsibility that should be assumed by thee county
level of government. Zoning affects each individual in the county
and the zoning process should not be too far removed from the scrutiny
of the county people. Each citizen should have a voice in zoning decisions.
As zoning shapes the county, it also shapes the immediate environment
of the individual. Zoning affects the revenue-producing capacity of
the county, the status of the county economy, the provision of county
services, the physical pattern of land use, and even the type and number
of neighbors that an individual will have. Zoning is important to the
development of both the quantity and quality of the county.
Zoning is a part of our democratic process and, if adequately understood
and properly administered, will do much to preserve our concept of DEMOCRACY.
CONTENTS
SECTION 1-- INTRODUCTION
1.1 AUTHORITY
1.2 PURPOSE
1.3 INTENT
1.4 ABROGATION AND GREATER RESTRICTIONS
1.5 INTERPRETATION
1.6 SEVERABILITY
1.7 TITLE
SECTION 2 -- GENERAL PROVISIONS
2.1 JURISDICTION
2.2 USE RESTRICTIONS
2.3 SITE RESTRICTIONS
2.4 GENERAL DEVELOPMENT PROCEDURE
2.5 WARNING AND DISCLAIMER OF LIABILITY
SECTION 3 -- ZONING DISTRICTS
3.1 ESTABLISHMENT
3.2 DISTRICT BOUNDARIES
3.3 ZONING MAP
3.4 AGRICULTURAL, AND RURAL ESTATE DISTRICTS
3.5 URBAN RESIDENTIAL DISTRICTS
3.6 BUSINESS DISTRICTS
3.7 INDUSTRIAL DISTRICTS
3.8 PLANNED DEVELOPMENT DISTRICT
3.9 FLOOD PRONE DISTRICT
SECTION 4 -- PARKING, LOADING, TRAFFIC, ACCESS
4.1 PARKING AND LOADING
4.2 ADDITIONAL REGULATIONS--PARKING
4.3 ADDITIONAL REGULATIONS--OFF-STREET LOADING
4.4 SCHEDULE OF OFF-STREET PARKING, LOADING AND UNLOADING REQUIREMENTS
4.5 VISIBLE PARKING OF JUNK ABANDONED OR UNLICENSED MOTOR VEHICLES OR PROHIBITED IN RESIDENTIAL DISTRICTS
4.6 DRIVEWAYS
4.7 HIGHWAY ACCESS
SECTION 5 -- MODIFICATIONS AND EXCEPTIONS
5.1 HEIGHT
5.2 YARDS
5.3 ADDITIONS
5.4 AVERAGE FRONT YARDS
5.5 NOISE
5.6 NONCONFORMING USE OF BUILDINGS AND LAND NOT AFFECTED BY ZONING
SECTION 6 -- NONCONFORMING STRUCTURE OR USE
6.1 NONCONFORMING STRUCTURE
6.2 NONCONFORMING USES
6.3 NONCONFORMING VARIANCE PERMITTED BY BOARD OF ZONING APPEALS
6.4 AMORTIZATION OF NONCONFORMING USES OR BUILDINGS
6.5 SUBSTANDARD LOT
SECTION 7 -- CONDITIONAL USES
7.1 CONDITIONAL USES
7.2 CONDITIONAL USE PROCEDURE
SECTION 8 -- BOARD OF APPEALS, ADMINISTRATION,
AND ENFORCEMENT
8.1 BOARD OF APPEALS -- CREATION AND MEMBERSHIP
8.2 MEETINGS
8.3 JURISDICTION
8.4 APPEALS -- HOW TAKEN
8.5 STANDARDS FOR VARIATIONS
8.6 NOTICE OF HEARING
8.7 APPEALS TO COUNTY BOARD
8.8 ENFORCEMENT
SECTION 9 -- PERMIT PROCEDURE
9.1 PERMIT APPLICATIONS
9.2 ZONING COMPLIANCE CERTIFICATE
SECTION 10 -- AMENDMENTS
10.1 POWER TO AMEND
10.2 PETITIONS
10.3 PROCEDURES
10.4 PASSAGE OF AMENDMENT
SECTION 11 -- FEES, VIOLATIONS, PENALTIES
11.1 FEES
11.2 VIOLATIONS
11.3 PENALTIES
SECTION 12 -- RULES AND DEFINITIONS
12.1 RULES
12.2 DEFINITIONS
SECTION 13 -- EFFECTIVE
13.1 WHEN EFFECTIVE
APPENDIX A -- YARDS
APPENDIX B -- MOBILE HOME PARK REGULATIONS
SECTION 1 -- INTRODUCTION
1.1 AUTHORITY
WHEREAS, the County Board, COUNTY OF MASON, ILLINOIS deems it necessary
in order to conserve the value of property in the county, and to the end
that building development may be directed to the best advantage of the
entire county, that adequate light, pure air, and safety from fire and
other dangers may be secured, that congestion in the public health,
safety, comfort, morals, and welfare may otherwise be promoted in
accordance with a well-considered plan for the use and development of
all property throughout the county, NOW THEREFORE,
BE IT ORDAINED BY THE COUNTY BOARD OF THE COUNTY OF MASON, ILLINOIS,
UNDER AUTHORITY OF ILLINOIS STATE STATUTES:
1.2 PURPOSE
This ordinance is adopted for the following purposes:
1. To promote and protect the public health, safety, morals,
comforts, and general welfare of the people.
2. To divide the county into zones or districts restricting and
regulation therein the location, erection, construction,
reconstruction, alteration, and use of buildings, structures, and
land for residential, business, manufacturing, and other specified
uses.
3. To protect the character and stability of the residential,
business, and manufacturing areas within the county, and
to promote the orderly and beneficial development of such areas.
4. To provide adequate light, air, privacy, and convenience of
access to property.
5. To regulate the intensity of use of lot areas, and to determine
the area of open spaces surrounding building necessary to
provide adequate light and air, and to protect the public health.
6. To establish building lines and the location of buildings designed
for residential, business, manufacturing, or other uses with such
areas.
7. To fix reasonable standards to which buildings or structures
shall conform.
8. To prohibit uses, buildings, or structures incompatible with
the character of development or intended uses within specified
zoning districts.
9. To prevent additions or alterations or remodeling of existing
buildings or structures in such a way as to avoid the restrictions
and limitations imposed hereunder.
a. To limit congestion in the public streets and protect the public
health, safety, convenience, and general welfare by providing for
the off-street parking of motor vehicles and the loading of
commercial vehicles.
b. To protect against flooding, fire, explosion, noxious fumes,
and other hazards in the interest of the public health, safety,
comfort, and general welfare.
c. To prevent the over crowding of land and undue concentration of
structures, so far as is possible and appropriate in each district,
by regulation the use and bulk of buildings in relation to the
land surrounding them.
d. To conserve the taxable value of land and buildings throughout
the county.
e. To provide for the elimination of nonconforming uses of land,
buildings, and structures which are adversely affecting the
character and value of desirable development in each district.
f. To define and limit the powers and duties of the administrative
officers and bodies as provided herein.
1.3 INTENT
An ordinance dividing the county of Mason, Illinois into districts for
the purpose of classifying, regulating, and restricting the location of
trades, industries, and commercial enterprises, and the location of
buildings arranged, intended, and designed for specified uses; of
regulation and limiting the height and bulk of buildings hereafter
erected; of classifying, regulation, and determining the area of front,
rear, and side yards, courts, and other open spaces about buildings; and
of regulating and limiting the intensity of the use of land and lot areas
within such county; creating a Board of Zoning Appeals; defining certain
terms used in said ordinance; providing penalties for its violation; and
designation the time when the ordinance shall take effect.
1.4 ABROGATION AND GREATER RESTRICTIONS
1. Where the conditions imposed by any provision of this zoning
ordinance upon the use of land or buildings or upon the bulk of
buildings are either more restrictive of less restrictive than
comparable conditions imposed by any other provision of this
ordinance or any other law, ordinance, resolution, rule, or
regulation of any kind, the regulations which are more restrictive
(or which impose higher standards or requirements) shall govern.
2. This ordinance is not intended to abrogate any easement, covenants,
or any other private agreement provided that where the regulations
of this ordinance are more restrictive (or impose higher standards
or requirements) than such easements, covenants, or other private
agreements, the requirements of this ordinance shall govern.
1.5 INTERPRETATION
In their interpretation and application, the provisions of this Zoning
Ordinance shall be held to be the minimum requirements for the promotion
of the public health, safety, morals, and welfare.
1.6 SEVERABILITY
If any section, clause, provision, or portion of this ordinance is
adjudged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this ordinance shall not be affected thereby.
1.7 TITLE
This ordinance shall be know, cited, and referred to as the "Mason County
Zoning Ordinance."
SECTION 2 -- GENERAL PROVISIONS
2.1 JURISDICTION
The jurisdiction of this ordinance shall include all lands and waters
within Mason County, except those incorporated villages, towns and cities
which have in effect municipal zoning ordinances. All buildings established
hereafter; all structural alterations or relocation of existing buildings
occurring hereafter; and all enlargements of or additions to existing uses
occurring hereafter shall be subject to the all regulations of this
ordinance which are applicable to the zoning districts in which such
buildings, uses or land shall be located.
2.2 USE RESTRICTIONS
1. Principal Uses - Only those principal uses specified for a district
or on a planned development plat, their essential services, and the
following uses shall be permitted in that district.
2. Accessory uses and structures are permitted in any district, but
not until their principal structure is present of under construction.
3. Conditional uses and their accessory uses are permitted in districts
as specified, but only according to the conditional use procedure in
Section 7. Also, any development within 500 feet of the existing of
proposed rights-of-ways of freeways, expressways, interstate, and
controlled access trafficways, and within 1,500 feet of their
existing or proposed interchange or turning land rights-of-way
shall be deemed to be conditional uses. Such development shall be
specifically reviewed by the Planning and Zoning Board of Appeals
as provided in Section 8.
4. Unclassified or Unspecified Uses - In case of uncertainty where
the Zoning Enforcement Officer is unable to determine literally
whether a use is permitted as a principal or accessory use, he
shall consult the Board of Zoning Appeals for an interpretation.
5. Temporary uses such as real estate field offices or shelters for
materials and equipment being used in the construction of a
permanent structure are permitted while sales or construction are
in progress.
6. Temporary Dwellings -- No structure shall be used for dwelling
purposes that does not comply with the requirements of this
ordinance or any applicable Building Codes. No garage or other
accessory building mobile home, basement, partial or temporary
structure whether of a fixed or portable construction shall be
erected or moved onto a lot and used for any dwelling purposes
unless authorized by the issuance of a temporary permit by the
Zoning Enforcement Officer and satisfying all of the conditions
thereof. However, temporary usage of lots of record, either with
or without dwellings may be permitted for wheeled vehicles designed
for sleeping or camping by temporary permit from the Zoning
Enforcement Officer.
7. Mobile Homes -- No mobile home shall be occupied as a dwelling
except when such mobile home is located in a licensed and approved
mobile home park or as otherwise herein provided. A mobile home
designed and built for human habitation and essentially complying
with minimum requirements for a swelling that is not located in a
licensed and approved mobile home park shall be emplaced on a
permanent foundation and connected to approved water and sanitary
facilities. A permanent foundation is a closed perimeter formation
consisting of materials such as concrete, mortared concrete block
or mortared brick extending into the ground below the frost line.
The owner must also secure the written approval of all property
owners whose land borders land upon which it is proposed to move
such mobile home together with written consent of all owners of
dwellings within 300 feet of the proposed site of such mobile
home.(Appoved by the County Board on September 12, 1989)
8. In the event a variance or zoning amendment is granted for property
which allows for the use of said property in a manner which allows
for the use of said property in a manner which is inconsistent with
the Zoning Classification prior to the granting of such variance
or zoning amendment, and the manner of utilization of the property
in accordance with the variance or zoning amendment is thereafter
abandoned, and remains abandoned for a period of 12 months, the
variance or zoning amendment is then terminated and the subject
property automatically reverts to the zoning Classification in
effect upon such property prior to the granting of the variance
or zoning amendment.
Any individual or business entity who desires to utilize such
property after it has been abandoned for a period of 12 months,
must thereafter apply for a variance or rezoning of such property
in accordance with the desired use. Failure to comply with this
requirement will subject the violator to the penalty provisions
of Section 11.3 of the Mason County Zoning Ordinance.
2.3 SITE RESTRICTIONS
1. Soil Conditions -- No land shall be used or structure erected
where the land is held unsuitable for such use or structure by
the County Planning Commission by reason of flooding, concentrated
runoff, inadequate drainage, adverse soil or rock formation,
unfavorable topography, low percolation rate or bearing strength,
erosion susceptibility, or any other feature likely to be harmful
to the health, safety, prosperity, aesthetics, and general welfare
of the county. The County Planning Commission, in applying the
provisions of this section, shall in writing recite the particular
facts upon which it bases its conclusion that the land is not
suitable for certain uses. The applicant shall have an opportunity
to present evidence contesting such unsuitability, if he so desires.
Thereafter, the County Planning Commission may affirm, modify, or
withdraw its determination of unsuitability.
2. All lots shall abut upon a public thoroughfare with at least 30
feet of frontage.
3. Only one principal structure shall be located, erected or moved
onto any lot or parcel of land.
4. No zoning permit shall be issued for a lot that abuts a public
street dedicated to only a portion of its proposed width and
located on that side thereof from which the required dedication
has not been secured.
5. Private Sewer -- In a district where public sewerage is not
available, the width and area of all lots shall be sufficient to
permit the use of an on-sit sewage disposal system designed in
accordance with the local or Illinois State Board of Health standards.
In any district where public sewerage service is not available, the
width and area for single family lots shall be no less than 100 feet
of frontage and no less than 20,000 square feet respectively.
6. Reduction of Joint Use -- No lot, yard, parking area, building
area, or other space shall be reduced in area or dimension so as
not to meet the provisions of this ordinance. no part of any lot,
yard, parking area, or other space required for a structure or use
shall be used for any other structure or use.
7. Substandard Lots -- Any lot in a single ownership, which ownership
was of record at the time of the adoption of this ordinance, that
does not meet the requirements of this ordinance for yards, courts,
or other area of open spaces may be utilized for single residence
purposes, provided the requirements for such yard or court area,
width, depth, or open space is within 75 percent of that required
by the term of this ordinance. The purpose of this provision is to
permit utilization of recorded lots which lack adequate width or
depth as long as reasonable living standards can be provided.
2.4 GENERAL DEVELOPMENT PROCEDURE
Comprehensive Plan including Planning Policies -- the Planning
Commission and the County Board shall continuously develop their
Comprehensive Plan, including their planning policies to guide
future decisions. All comprehensive plan elements, in whatever
degree of detail they may embody, shall provide the basis for
approval of all development under this Zoning Ordinance, and no
development shall be approved under this ordinance which is in
conflict with any comprehensive plan elements.
2.5 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is
considered reasonable for regulatory purposes and is based on
engineering and scientific methods of study. Larger floods may
occur on rare occasions or the flood height may by increased by
main-made or natural causes, such as ice jams and bridge openings
restricted by debris. This ordinance does not imply that areas
outside the flood plain districts or land uses permitted within
such districts will be free from flooding or flood damages. This
ordinance shall not create liability on the part of Mason County
or any officer or employee thereof for any flood damages that
result from reliance on this ordinance or any administrative
decision lawfully made thereunder.
SECTION 3 -- ZONING DISTRICTS
3.1 ESTABLISHMENT
For the purpose of this ordinance, the County of Mason is here divided into
the following zoning districts:
A Agricultural District
RE Rural Estate District
R-1 Single-Family Residential District
R-2 Single-Family Residential District
R-3 Single-Family Residential District
R-4 Two-family and Multi-Family Residential District
B-1 Business District
B-2 Business District
B-3 Highway Business District
M-1 Industrial District
M-2 Industrial District
M-3 Extraction District
PD Planned Development District
FP Flood Prone District
3.2 DISTRICT BOUNDARIES
Boundaries of these districts are hereby established as shown on the map
entitled "Zoning Map, County of Mason, Illinois," dated June 10, 1975,
and is a part of this ordinance. Such boundaries shall be construed to
follow: corporate limits, county limits, U. S. public highways, alleys,
easements, and railroad rights-of-way, or such lines extended; soil mapping
unit lines; unless otherwise noted in the Zoning Map.
Vacation of public streets and alleys shall cause the land vacated to be
automatically placed in the same district as the adjoining district. If the
vacated street or alley adjoins two different zones, the centerline of the
vacated street or alley shall constitute the zone boundary.
3.3 ZONING MAP
The certified copy of the Zoning Map will bear on its face the attestation
of the Chairman of the County Board and the County Recorder. It shall be
on file and may be viewed in the office of the County Clerk.
3.4 AGRICULTURAL, AND RURAL ESTATE DISTRICTS
1. A -- Agricultural Districts
a. Purpose -- The agricultural District is established as a zone in
which agriculture and certain related uses are encouraged as the
principal uses of land. The specific intent is to facilitate the
proper use of lands best suited to agriculture through preventing
the admixture of urban and rural uses which creates incompatibility
and conflict, places unbalanced tax loads on agricultural lands to
help pay for urban services, and contributes to the premature
termination of agricultural pursuits. This zone is also designed to
prevent health hazards brought about by the illogical placement of
inappropriately high residential densities in the otherwise open
countryside.
b. Permitted Uses
1) Agricultural uses, including, but not limited to horticulture,
forestry, crop and tree farming, gardening, dairy, stock and
poultry farming, except on a confinement basis involving numbers
of livestock as set forth is Section 3.4 (c) (5) herein; and the
operation of any machinery or vehicles and other uses customarily
incidental thereto, but excluding slaughterhouses, fertilizer works,
plants for the processing of animal skins or hides, and plants for
the reduction of animal matter.
2) Dwellings, Single-Family.
a) Farmsteads.
b) Single-family dwellings of relatives when located on same
farmstead.
3) Public or private community facilities such as schools, churches,
cemeteries, libraries, parks, recreational facilities, hospitals,
institutions, and similar users.
4) Mobile Homes Units -- One mobile home unit may be occupied and
maintained by a farm owner or operator living on the land, and
also for persons not engaged in agricultural pursuits, provided
the mobile home units shall be regulated by the State Board of
Health Standards, and as defined by the County Ordinance providing:
a) The mobile home is occupied by a relative standing in the
relation of son, daughter, son-in-law, daughter-in-law, aunt, uncle,
niece, nephew, father, mother, brother, sister, grandchildren, or
grandparents of said owner, tenants, spouse, or persons employed
on the premises.
b) The mobile home is located in close proximity to the
farmstead occupied by such owner or tenant.
c) Adequate provision is made for modern running water and
sewage facilities.
One mobile home may be located on a lot while the owner is building a
house, providing:
a) The setback lines of the agricultural district are complied with.
b) The permit for such mobile home shall be issued for only one year
and renewable at the discretion of the Planning Commission.
c) Reasonable and diligent effort is being made to construct a house.
d) At any time the Zoning Enforcement Officer determines that reasonable
and diligent effort is not being made, he shall revoke the permit.
e) Adequate provision is made for modern running water and sewage
facilities.
5) Home occupation in a single-family dwelling provided that such use
is incidental to the main use as a dwelling, and further provided
that such use is limited to a person actually residing in the
dwelling.
6) Living quarters such as tenant house, apartment, or room for
persons employed on the premises and not rented or otherwise used
as a separate dwelling.
7) Barns and other bona fide farm buildings.
8) Private garages and private greenhouses.
9) Roadside stands offering for sale agricultural or other products
grown or produced on the premises upon which the stand is located
at least 25 feet from the front property line, and off-street
parking as regulated in Section 4 of this ordinance is complied with.
10) Kennels.
11) Hunting -- Fishing Quarters -- One temporary dwelling unit is
permitted to occupy nonproductive farmland on a lease basis only
for the exclusive use of hunting or fisherman. Permanent occupancy
is prohibited. The dwelling unit may not be occupied for more than
three months during any one calendar year.
c. Conditional Uses
1) Junkyards -- Any junkyard, scrap yard or salvage yard for which
permission is granted under this section shall at all times be
subject to the performance standards established for this ordinance.
All outdoor storage areas shall be screened or fenced with a solid
fence at least 6 feet, but not more than 8 feet in height, or
enclosed with a dense evergreen growth at least 6 feet in height.
Storage between the street and such fence or screen is expressly
prohibited.
Any junkyard or salvage yard which offers to the public at retail
any new or used merchandise shall provide at least two parking
spaces per 100 square feet of retail floor space.
2) A dump, sanitary landfill, and/or incinerator, upon a finding that
said use will not constitute a nuisance because of traffic, noise,
orders, smoke, or physical activity, may be permitted provided that
all requirements of this ordinance are complied with.
3) Public utility and service uses such as electric substations, gas
regulator stations, telephone transmission structures, radio,
television and microwave relay towers, water reservoirs, or
pumping stations, government building (see Section 7, Conditional
Uses), sanitary landfills, transportation facilities, and similar
uses.
4) Mobile Home Parks (2 mobile home units or more) -- Subject to
regulations of the Mobile Home Park Regulations found in Appendix B.
5) Confinement farm operation involving high density concentrations of
livestock or poultry in an enclosed area. A conditional use permit
will be required for livestock management facilities or livestock
waste handling facilities which meet either of the criteria set
forth in (a), (b) or (c) below.
a) The facility contains or has contained at any one time
within the past 12 months, for a total of 30 days or more, any of
the following or greater numbers of livestock:
Number of Animals Kind of Animals
1,000 Slaughter and feeder
cattle
700 Mature dairy cattle
(whether milkers or
dry cows), including
pregnant heifers.
500 Horses
2,500 Swine weighing over
55 pounds
10,000 Sheep
55,000 Turkeys
5,000 Ducks
100,000 Laying hens and
broilers(if the
facility has continuous
overflow watering)
30,000 Laying hens and
broilers (if the
facility has liquid
manure-handling systems)
b) The facility has a one-time design capacity such that the
sum of the following numbers is 1,000 or greater and that such
number is contained for a total of 30 days or more:
Slaughter and feeder cattle multiplied by 1.0;
Mature dairy cattle multiplied by 1.4;
Swine weighing over 55 pounds multiplied by 0.4;
Sheep multiplied by 0.1
c) The facility is located in an area within one-half mile of
three or more houses.
6) Slaughter houses, fertilizer works, plants for the processing of
animal skins or hides, and plants for the deduction of animal matter.
d. Special regulations -- All permitted and conditional uses shall
maintain a minimum setback of :
100 feet from federal highway
50 feet from state highway
25 feet from country or township road.
2. RE -- Rural Estate District
a. Purpose -- The Rural Estate District is established to provide that
area topographically and locationally well-suited to meet the
increasing market for five-acre land, and larger lots are set aside
and used for that purpose; to encourage the orderly transition of
land from agricultural to low density residential use; and to
prohibit any uses which are incompatible with this objective.
b. Permitted Uses
1) Dwelling, single-family.
2) Agriculture, but not including the commercial breeding or feeding
of horses, cattle, sheep, pigs, goats, and/or similar livestock.
There shall be no disposal or feeding of garbage.
c. Accessory Uses
1) Home occupation in a single-family dwelling, provided that such
use is incidental to the main use as a dwelling and further provided
that such use is limited to a person actually residing in the dwelling.
Also, that it does not display or create, outside the building, any external
evidence of the operation of the home occupation except, for one unanimated
non-illuminated sign not over four hundred (400) square inches in size.
2) Private garages.
3) Private stable which is incidental to the principal use and
which provides shelter for not more than three horses for the
exclusive use of the occupants of the premises, and not less than
50 feet from any property line.
4) Kennels.
5) Off-street parking as regulated in Section 4 of this ordinance.
d. Conditional Uses
1) Public or private community facilities such as schools, churches,
cemeteries, libraries, parks, recreational facilities, hospitals,
institutions, etc. Also see Section 7 of this ordinance.
2) Public utility and service uses such as electric substations,
regulator stations, telephone transmission structures, radio, TV,
and microwave relay towers, water reservoirs, or pumping stations,
government buildings, transportation facilities, and similar uses.
(See Section 7, Conditional Uses.)
3) Earth covered dwellings may be constructed at grade level or
partially below grade level with exposed portions, to include
the roof to be covered by earth, except for doors, windows or
skylights. The earth covered dwellings shall be designed by a
licensed engineer or architect.
The earth covered dwellings plans, specifications, and construction
shall be certified by a licensed engineer or architect as to
adequacy of structural load bearing capacity, the adequacy of
lighting, ventilation, and humidity control so that it shall pose no
hazard to the health, safety, and welfare of its occupants.
e. Bulk Requirements
1) Lot:
Minimum Area 3 acres
Minimum Width at Building Line 300 feet
2) Minimum Yards:
Front 50 feet
Rear 50 feet
Side 50 feet
3) Building:
Minimum Total Floor Area 1,250 Square feet
Maximum Height 35 feet
4) Any permitted use in accordance and conformity with the above
designated bulk requirements which later violates said bulk
requirements by reason of partial transfer of property, thereby
deducing the property to a point less than the above minimum bulk
requirements, will upon the date of partial transfer of the
property subject the owner of said property to the Violation and
Penalty Clauses of Section 11 of the Mason County Zoning Ordinance.
3.5 URBAN RESIDENTIAL DISTRICTS
PURPOSE -- Urban Residential Districts are established to provide the full
range of residential housing types in an urban environment where all of the
facilities for urban living, including community sewer and water facilities
are available.
1. R-1 -- Single-family Residential District
a. Permitted Uses
Single-family dwellings
b. Accessory Uses
1) Home occupation in a single family dwelling, provided that such
use is incidental to the main use as a dwelling and further provided
that such use is limited to a person actually residing in the
dwelling. Also, that it does not display or create, outside the
dwelling, any external evidence of the operation of the home
occupation except, for one unanimated, non-illuminated sign not
over four hundred (400) square inches in size.
2) Private garages
3) Off-street parking as regulated in Section 4 of this ordinance.
c. Conditional Uses
1) Public or private community facilities such as school, churches,
cemeteries, libraries, parks, recreational facilities, hospitals,
institutions, etc. Also see Section 7 of this ordinance.
2) Public utility and service uses such as electric substations, gas
regulator stations, telephone transmission structures, radio, TV,
and microwave relay towers, water reservoirs, or pumping stations,
government buildings, transportation facilities, and similar uses.
(See section 7, Conditional Uses.)
3) Earth covered dwellings may be constructed at grade level or
partially below grade level with exposed portions, to include
the roof to be covered by earth, except for doors, windows or
skylights. The earth covered dwellings shall be designed by a
licensed engineer or architect.
The earth covered dwellings plans, specifications, and construction
shall be certified by a licensed engineer or architect as to
adequacy of structural load bearing capacity, the adequacy of
lighting, ventilating, and humidity control so that it shall pose
no hazard to the health, safety, and welfare of its occupants.
d. Bulk Requirements
1) Lot:
Minimum Area 10,000 square feet
Minimum Width at Building Line 75 feet
2) Minimum Yards:
Front 25 feet
Rear 30 feet
Side 10% of lot width
3) Building:
Maximum Ground Coverage 30% of lot area
Minimum Total Floor Area 1,150 square feet
Maximum Height 35 feet
2. R-2 -- Single-family Residential District
a. Permitted Uses
Single-family dwellings
b. Accessory Uses
1) Home occupation is a single family dwelling, provided that such
use is incidental to the main use as a dwelling and further provided
that such use is limited to a person actually residing in the
dwelling. Also, that it does not display or create, outside the
dwelling, any external evidence of the operation of the home
occupation except, for one unanimated, non-illuminated sign not
over four hundred (400) square inches is size.
2) Private garages
3) Off-street parking as regulated in Section 4 of this ordinance.
c. Conditional Uses
1) Public or private community facilities such as school, churches,
cemeteries, libraries, parks, recreational facilities, hospitals,
institutions, etc. Also see Section 7 of this ordinance.
2) Public utility and service uses such as electric substations, gas
regulator stations, telephone transmission structures, radio, TV,
and microwave relay towers, water reservoirs, or pumping stations,
government buildings, transportation facilities, and similar uses.
(See section 7, Conditional Uses.)
3) Earth covered dwellings may be constructed at grade level or
partially below grade level with exposed portions, to include the
roof to be covered by earth, except for doors, windows or skylights.
The earth covered dwellings shall be designed by a licensed engineer
or architect.
The earth covered dwellings plans, specifications, and construction
shall be certified by a licensed engineer or architect as to adequacy
of structural load bearing capacity, the adequacy of lighting,
ventilating, and humidity control so that it shall pose no hazard
to the health, safety, and welfare of its occupants.
d. Bulk Requirements
1) Lot:
Minimum Area 7,500 square feet
Minimum Width at Building Line 60 feet
2) Minimum Yards:
Front 25 feet
Rear 30 feet
Side 10% of lot width
3) Building:
Maximum Ground Coverage 30% of lot area
Minimum Total Floor Area 950 square feet
Maximum Height 35 feet
2. R-3 -- Single-family Residential District
a. Permitted Uses
Single-family dwellings
b. Accessory Uses
1) Home occupation is a single family dwelling, provided that such
use is incidental to the main use as a dwelling and further
provided that such use is limited to a person actually residing
in the dwelling. Also, that it does not display or create, outside
the dwelling, any external evidence of the operation of the home
occupation except, for one unanimated, non-illuminated sign not over
four hundred (400) square inches is size.
2) Private garages
3) Off-street parking as regulated in Section 4 of this ordinance.
c. Conditional Uses
1) Public or private community facilities such as school, churches,
cemeteries, libraries, parks, recreational facilities, hospitals,
institutions, etc. Also see Section 7 of this ordinance.
2) Public utility and service uses such as electric substations, gas
regulator stations, telephone transmission structures, radio, TV,
and microwave relay towers, water reservoirs, or pumping stations,
government buildings, transportation facilities, and similar uses.
(See section 7, Conditional Uses.)
3) Earth covered dwellings may be constructed at grade level or
partially below grade level with exposed portions, to include the
roof to be covered by earth, except for doors, windows or skylights.
The earth covered dwellings shall be designed by a licensed engineer
or architect.
The earth covered dwellings plans, specifications, and construction
shall be certified by a licensed engineer or architect as to adequacy
of structural load bearing capacity, the adequacy of lighting,
ventilating, and humidity control so that it shall pose no hazard to
the health, safety, and welfare of its occupants.
d. Bulk Requirements
1) Lot:
Minimum Area 6,000 square feet
Minimum Width at Building Line 50 feet
2) Minimum Yards:
Front 25 feet
Rear 30 feet
Side 10% of lot width
3) Building:
Maximum Ground Coverage 30% of lot area
Minimum Total Floor Area 720 square feet
Maximum Height 35 feet
4. R-4 -- Two-Family and Multi-Family Residential District
a. Permitted Uses
Two-family and multi-family dwellings
b. Accessory Uses
1) Private garages.
2) Off-street parking as regulated in Section 4 of this ordinance.
c. Conditional Uses
1) Public or private community facilities such as schools, churches,
cemeteries, libraries, parks, recreational facilities, hospitals,
institutions, etc. Also see Section 7 of this ordinance.
2) Public utility and service uses such as electric substations, gas
regulator stations, telephone transmission structures, radio, TV,
and microwave relay towers, water reservoirs, or pumping stations,
government buildings, transportation facilities and similar uses.
(See Section 7, Conditional Uses.)
d. Special Regulations
1) Parking -- One and one-half spaces shall be provided for each
dwelling unit as required by Section 4.
2) Plat Requirements -- All developments proposed in the R-4 Districts
containing more than two dwelling units per structure shall be
subject to design review by the Planning Commission. Portions of
the Planned Development Procedure shall be used as follows:
a) The amendment required by the Planned Development Procedure shall
be waived since this district has already been established
exclusively for multi-family dwelling according to the standards
cited.
b) Preliminary and final plats shall be required according to the
Planned Development Procedure, except that the Planning Commission
may waive the preliminary plat in areas already subdivided and
served with streets and all required improvements. In this case,
the approved final plat shall replace the final plat recorded
earlier at the time of subdivision.
c) Site design flexibility and originality shall be encouraged within
the limitations of the use and dimensional standards cited for this
district. Preliminary and final plats shall conform to the standards
for this district, and any applicable comprehensive plan elements.
d) The record final plat shall provide continuing control over the
completed development as specified in the Planned Development
Procedure.
e) Bulk Requirements
1) Lot and Density:
Minimum Area Two-family -- 15,000 Maximum
Area square feet
Multi-family -- 15 dwelling units per acre; 30 bedrooms per acre. Maximum
density shall be interpolated proportionally where development less than
acre is proposed.
2) Minimum Yards Principal Buildings -- 20 feet
from project
boundaries.
Accessory Buildings -- 5 feet
from project
boundaries.
3) Building: Minimum total floor
area:
Efficiency: 500 sq ft
1-bedroom
apt: 600 sq ft
2-bedroom
apt: 750 sq ft
Each additional
bedroom:150 sq ft
Maximum Heights: 45 feet
3.6 Business Districts
Purpose -- The business Districts are established to provide area for
retail establishments which offer a wide range of goods and services.
1. B-1 -- Business District
a. Purpose -- The B-1 Business District is established to provide
retail goods and services directly to the consumer.
b. Permitted Uses
1) Retail sales -- Processing of products is permitted only if all
products are sold at retail on the premises.
2) Consumer services -- Processing is permitted only if all such
processing is performed as a consumer service for customers served
on the premises.
3) Professional, business, and government offices.
4) Community facilities such as churches, libraries, art galleries,
parks, hospitals, institutions, government buildings.
c. Accessory Uses -- Off-street parking and loading as regulated in
Section 4 of this ordinance.
d. Conditional Uses
1) See Section 7 of this ordinance.
2) Regional, community, and neighborhood shopping centers.
e. Special Regulations
1) All sales, services, processing, storage, and display shall take
place within a completely enclosed building.
2) All uses of the drive-in types are not permitted. This would include
drive-in restaurants, service stations, drive-in theaters, and
other similar uses.
3) All motels or motor inns are not permitted.
4) In addition to meeting the requirements for procuring a conditional
use permit for the development of a shopping center, potential
developers of shopping centers must submit a marker analysis in
order to establish evidence of a need for a change in the
comprehensive zoning plan for the county, and to substantiate a
finding that such a change will promote the general welfare of the
county.
5) Screening shall be provided at lot boundaries abutting a Residential
Zoning District if requested by residence of said District, and may
consist of solid fencing or dense hedge or shrub to a minimum of 6
feet in height.
2. B-2 -- Business District
a. Purpose -- The B-2 Business District is established to provide
retail goods and services directly to the consumer.
b. Permitted Uses
1) Retail sales -- Processing of products is permitted only if all
products are sold at retail on the premises.
2) Consumer services -- Processing is permitted only if all such
processing is performed as a consumer service for customers served
on the premises.
3) Professional, business, and government offices.
4) Community facilities such as churches, libraries, art galleries,
parks, hospitals, institutions, government buildings.
5) Wholesale Sales -- Permitted only if such Wholesale Sales do not
exceed 50 per cent of Gross Dollar Sales of the business. Zoning
Enforcement Officer of Mason County may require production of sales
records to determine extent of wholesale and retail sales in relation
to total annual sales.
c. Accessory Uses -- Off-street parking and loading as regulated in
Section 4 of this ordinance.
d. Conditional Uses
1) See Section 7 of this ordinance.
2) Regional, community, and neighborhood shopping centers.
e. Special Regulations
1) Sales, services, processing, and display ,ay take place outdoors.
However, Junkyards are not permitted.
2) Drive-in theaters are not permitted.
3) Motels and motor inns are not permitted.
4) In addition to meeting the requirements for procuring a conditional
use permit for the development of a shopping center, potential
developers of a shopping center must submit a marker analysis in
order to establish evidence of a need for a change in the
comprehensive zoning plan for the county, and to substantiate a
finding that such a change will promote the general welfare of the
county.
5) Screening shall be provided at lot boundaries abutting a
Residential Zoning District if requested by residence of said
District, and may consist of solid fencing or dense hedge or shrub
to a minimum of 6 feet in height.
f. Bulk Requirements
Minimum Yards: Not required.
Front No minimum yard
Side required
except lots
adjoining a residential district shall provide a side yard on that
adjoining side equal to that required in the adjoining residential district.
Rear 20 feet.
3. B-3 -- Highway Business District
a. Purpose -- The Highway Business District is established to provide
areas for commercial establishments which cater primarily to the
needs of motorist. Typical uses offer accommodations and services
to motorists, specialized retail outlets, and commercial amusement
enterprises. The requirements of this district are developed to
minimize traffic hazards and interference with other related uses
in the vicinity.
b. Permitted Uses
1) Retail sales -- Processing of products is permitted only if all
products are sold at retail on the premises.
2) Sales and service of automotive and farm implement goods.
3) Motels and motor inns.
4) Drive-in restaurants.
c. Conditional Uses
1) See Section 7 of this ordinance.
2) Outdoor amusement and recreational enterprises, including but not
limited to drive-in theaters, fairgrounds, and auto tracks.
3) Junkyards __ Any junkyard, scrap yard, or salvage yard for which
permission is granted under this section shall at all times be
subject to the performance standards established for this ordinance.
All outdoor storage areas shall be screened or fenced with a solid
fence at least 6 feet, but not more than 8 feet in height, or
enclosed with a dense evergreen growth at least 6 feet in height.
Storage between the street and such fence or screen is expressly
prohibited.
Any junkyard or salvage yard which offers to the public at retail
any new or used merchandise shall provide at least two parking
spaces per 100 square feet of retail floor space.
d. Special Regulations
1) All activities involving the production, processing, cleaning,
servicing, testing, or repair of materials, goods, or products
shall conform with appropriate State and Federal regulations.
2) Screening shall be provided at lot boundaries abutting a
residential zoning district, and may consist of solid fencing,
or dense hedge or shrub to a minimum of 6 feet in height.
e. Bulk Requirements
1) Minimum Yard:
Front 25 feet
Side 10 feet
Rear 20 feet
2) Building Height: 35 feet or
two stories,
whichever is
less.
3.7 INDUSTRIAL DISTRICTS
1. M-1 Industrial District
a. Purpose -- This industrial district is established to provide area
for light industrial, office, and administrative uses having few,
if any, adverse effects on neighboring properties. To maintain an
appropriate environment, high standards of performance are prescribed.
b. Permitted Uses
1) Industry, nonretail commercial, laboratories, offices.
c. Accessory Uses -- Off-street parking and loading as regulated in
Section 4 of this ordinance.
d. Conditional Uses -- Service facilities clearly for the convenience
of Persons and firms in the industrial district including, for
example, restaurants, service stations, banks, recreational
facilities, industrial service businesses, and similar services
facilities. Also see Section 7, Conditional Uses.
e. Special Regulations
1) All processing and storage shall take places within completely
enclosed buildings.
2) Storage, auxiliary to the principal use, is permitted in the open
if such storage activities occupy no more than 20 percent of the
gross lot area.
3) Screening shall be provided at lot boundaries abutting a residential
zoning district, and may consist of solid fencing, or dense hedge
or shrub to a minimum of 6 feet in height.
f. Bulk Requirements
1) Minimum Lot: 1 acre
2) Minimum Yards:
Front 50 feet from
right-of-way of
any street or road.
All others: 20 feet from lot
lines.
2. M-2 -- Industrial District
a. Purpose -- This industrial district is established to provide
areas in which manufacturing and related commercial operations
are the principal use of land. Such uses have some adverse effects
on surrounding properties, and are not compatible with residential,
institutional, and retail uses. Moderate performance standards are
established.
b. Permitted Uses
1) Industry, nonretail commercial, laboratories, Offices.
2) Retail Sales -- Permitted only if such Retail Sales do not exceed
50 per cent of Gross Dollar Sales of the business. Zoning
Enforcement Officer of Mason County may require production of
sales records to determine extent of wholesale and retail sales
in relation to total annual sales.
c. Accessory Uses -- Off-street parking and loading as regulated in
Section 4 of this ordinance.
d. Conditional Uses
1) Junkyards __ Any junkyard, scrap yard, or salvage yard for which
permission is granted under this section shall at all times be
subject to the performance standards established for this ordinance.
All outdoor storage areas shall be screened or fenced with a solid
fence at least 6 feet, but not more than 8 feet in height, or
enclosed with a dense evergreen growth at least 6 feet in height.
Storage between the street and such fence or screen is expressly
prohibited.
Any junkyard or salvage yard which offers to the public at retail
any new or used merchandise shall provide at least two parking
spaces per 100 square feet of retail floor space.
2) Service facilities clearly for the convenience of persons and
firms in the industrial district including, for example,
restaurants, service stations, banks, recreational facilities,
industrial service businesses, and similar service facilities.
Also see Section 7, Conditional Uses.
3) Slaughter house, fertilizer works, plants for the processing of
animal skins or hides and plants for the reduction of animal matter.
e. Special Regulations -- Processing and storage may take place within
buildings or outdoors.
1) All activities involving the production, processing, cleaning,
servicing, testing, or repair of materials, goods, or products shall
conform with appropriate state and federal regulations.
2) Storage, auxiliary to the principal use, is permitted in the open,
but not within 20 feet of the property lines.
3) Screening shall be provided at lot boundaries abutting a residential
zoning district, and may consist of solid fencing, or dense hedge or
shrub to minimum of 6 feet in height.
f. Bulk Requirements
1) Minimum Lot: 3 acres
2) Minimum Yards:
Front 50 feet from right-of-
way of any street of
road.
All others: 20 feet from lot lines.
3) Building height: 35 feet or two stories,
whichever is less.
3. M-3 Extraction District
a. Purpose -- To regulate and control all forms of extraction
operations and to ensure proper land reclamation in areas of
extraction or extraction manufacturing operations.
b. Permitted Uses
1) Sand, gravel, marl, clay, limestone, salt, coal extraction and
related crushing processes.
2) Oil and gas extraction.
c. Conditional Uses -- Cement concrete or asphaltic concrete mixing
plants.
d. Special Regulations -- All extraction and reclamation activities
shall be in accordance with the Surface Mined Land Reclamation Act
administered by the State of Illinois Department of Conservation.
In addition, the following stipulations shall be required.
All applications for an M-3 District shall be accompanied by a map
or plat showing the area proposed to be included in the extraction
or removal operation; an estimate of the time required for the
removal of material; and a final grading plan which shows the
existing ground elevations of the site and the land immediately
adjacent thereto; and location and elevation of all bounding streets
or roads; and the final elevation of the site at the termination of
the operation with respect to the elevations of the immediately
adjacent land and bounding streets or roads.
3.8 PLANNED DEVELOPMENT DISTRICT
1. Purpose -- Areas may be designated on the Zoning Map as Planned
Development Districts even though no specific plan has been
submitted under the Planned Development Procedure. Such districts
shall be keyed to the comprehensive plan elements which comprise
the statement of intent establishing the design and use criteria
for evaluation of specific proposals submitted under the Planned
Development Procedure. Proposals for development of these districts
shall be reviewed only under the Planned Development Procedure. The
intent of these regulations is to enable the Planning Commission
and governing body to designate those areas subject to potential
development of such intensiveness and importance that plan review
and design commitment are necessary as the basis for approval of
development.
The Planned Development Procedure is intended to provide a single
uniform procedure for total review of a proposed development, both
design and use. The procedure combines the design-review procedure
of subdivision approval and the use-review procedure of zoning
amendment, and enables the Planning Commission and the governing
body to review all aspects of a proposed development simultaneously
to permit greater flexibility and originality in concept according
to the intent of comprehensive plan elements, and still to exercise
greater final control over the approved development than is possible
through preregulated zoning districts.
2. Standards
a. Design Standards -- Because the design standards for use, dimensions,
density, and qualitative attributes are subject to evolution through
continuous plan review, they are not included as an integral part of
the unchanging Planned Development Procedure. This Zoning Ordinance
refers to the officially adopted policies, detailed area plans, and
all other elements of the evolving comprehensive plan for the
standards to guide the approval of Planned Development projects.
A Planned Development project may depart from conformance with the
dimension, area, and use regulations for the standard zoning districts
and from conformance with the design standards in a Subdivision
Regulations Ordinance. However, a Planned Development project shall
conform with all applicable elements of an officially adopted
comprehensive plan.
b. Required Improvements -- Planned Development projects shall be
subject to the regulations governing required improvements found
in the Subdivision Regulations Ordinance.
c. Parking, Loading, Traffic, and Access -- Planned Development
projects shall be subject to the regulations for parking, loading,
traffic, and access of this Zoning Ordinance.
d. Special Conditions -- The Planning Commission and governing body may
attach special conditions to approval of the final plats to insure
conformance with the intent of all official plan elements.
3. Procedure
a. General -- For procedural purposes, a planned Development Project
shall be treated as a subdivision, and the procedure for subdivision
approval, as set forth in the Subdivision Regulations Ordinance, and
shall be followed in its entirety whether the development shall be
in single or divided ownership.
b. Preliminary Plat -- A preliminary plat of the Planned Development
project shall be submitted as required by a Subdivision Regulations
Ordinance. It is recommended that this submission be preceded by
pre-application conferences to determine whether the developer's
intent agrees with the intent expressed by all comprehensive plan
elements. Additional supporting material beyond that requited by
the Subdivision Regulations Ordinance for the preliminary plat shall
include:
1) Explanation of the character of the Planned Development, and the
manner in which it has been planned to take advantage of the
flexibility of these regulations.
2) Statement of present and proposed ownership of all land within the
project.
3) Development of schedule indicating:
Stages in which project will be built with emphasis on area,
density, use and public facilities such as open space to be
developed with each stage. Overall design of each stage shall be
shown on the plat and through supporting graphic material.
Approximate dates for beginning and completion of each stage.
4) Agreements, provisions, or covenants which will govern the use,
maintenance, and continued protection of the Planned Development,
and any of its common open space.
c. Amendment -- The amendment procedure established in Section 10
Shall be initiated after conditional approval of the preliminary
plat by the Planning Commission. Under this procedure, the Zoning
District Map may be amended to designate the location proposed to
the preliminary plat as a Planned Development District superseding
the original or existing zoning district. This amendment shall be
in conformance with all comprehensive plan elements. The Planned
Development district shall be valid only for that preliminary plan
and supporting material upon which the amendment was based. All
supporting material shall remain on file with the preliminary plat.
d. Final Plats -- If the amendment is approved, final plats shall be
prepared for each stage according to the development schedule. The
final plat and supporting material shall show in detail the design
and use of all buildings and overall land development plans, as well
as such other information the Planning Commission may require for
the complete consideration of the project in addition to information
required by the Subdivision Regulations Ordinance. The final plats
shall conform to the preliminary plat and supporting material except
that the Planning Commission and governing body may approve minor
changes without public hearing at this time which do not change the
concept or intent of the development. Major changes -- changes in
density, height of buildings, reduction or proposed open space,
changes in the financing, development schedule, or final governing
agreements, provisions or covenants, or resubdivision -- may be
approved only by submission of a new preliminary plat or applicable
supporting material followed by the amendment procedure.
e. Continuing Control -- The Planned Development project shall be
developed only according to the approved and recorded final plat
and all supporting material together with all recorded amendments
shall be binding on the applicants, their successors, and assigns
and shall limit and control the uses of premises and location of
structures in the Planned Development project. Major changes in the
final plat during or after construction shall be accomplished by
the amendment procedure. The governing body shall consider the
planned Development amendment subject to revocation, if construction
falls more than one year behind schedule.
f. Fees and Permits -- The governing body may establish a schedule of
reasonable fees to be charged for plat review. Zoning permits shall
be required for each structure according to Section 11. The Zoning
Enforcement Officer shall base issuance upon conformance with the
final plat and supporting material.
3.9 FLOOD PRONE DISTRICT
1. Purpose -- The regulation contained in this section governing the
development and use of land subject to flooding are established for
the following purposes.
a. To avoid or lessen the hazards to persons or damage to property
resulting from the accumulation or runoff of storm and flood waters.
b. To protect stream channels from encroachment.
c. To maintain the capacity of the flood plain to retain flood waters.
d. To provide for the development of flood plain lands with uses not
subject to severe damage by flooding and compatible with the other
uses permitted in the various zones.
e. To permit only uses and improvements on flood plain lands that are
not hazardous during flood periods.
f. To avoid the creation of new flood problems.
2. Definitions -- For the purpose of this section and this ordinance,
the following terms shall have these meanings:
a. Flood Prone Area -- The area designated by the United States
Geological Survey as flood prone and/or those areas depicted on
the National Flood Insurance Administrators "Flood Hazard Boundary
Maps" Department of Housing and Urban Development.
b. Flood Plain -- The continuos area adjacent to a lake, stream, or
stream bed, the elevation of which is greater than the normal water
level or pool elevation, but equal to or lower than the flood base
elevation. Also, any land of higher elevation having an area less
than the minimum residential lot size established for the zone in
which it is located, and surrounded by lands having an elevation
equal to or less than the flood base elevation.
c. Flood Table Land -- The continuous land area adjacent to the flood
plain, the elevation of which is greater than the flood base
elevation by 2 feet or less.
d. Stream -- A stream is any continuously flowing natural water course.
3. Flood Plain Lands -- All lands determined to be in the flood plain
shall be subject to the procedures and regulations established in
this section. However, nothing contained herein shall prohibit the
application of these regulations to lands which can be demonstrated
by competent engineering survey to lie within any flood plain.
Conversely, any lands which can be demonstrated by competent
engineering survey to lie beyond the flood plain shall not be
subject to these regulations. Any structures which are constructed
on the flood plain must be so constructed that they will not be
damaged by flood and will not represent a hazard at the time of
flooding.
4. Permitted Uses -- Only the following uses are permitted in flood
plains regardless of the regulations of any zone established by
this ordinance.
Permitted by right Conditional Uses
Agriculture Drive-In Theaters
Arboretum or Botanical Garden Boathouse
Golf Course Oil Extraction
Nursery Outdoor Recreation
Club
Park, Public Recreational
Playground
Public Open Land
Extraction of earth Products (excluding oil)
5. Requirements and Restrictions -- Any permitted use provided for
shall be subject to the following provisions:
a. Location of Principal Building -- No Principal building shall be
located on the flood plain. Exception, any existing structure
damaged by natural causes may be rebuilt on the same site in accord
with the appropriate state and federal regulations.
b. Channel Setback Line -- All buildings and structures except
boathouses shall be set back from a waterway at least 100 feet.
c. Filling -- The filling of flood plain lands shall be permitted
provided that:
1) The fill material is obtained from the flood plain in the immediate
vicinity of the area filled, or
2) The fill material obtained elsewhere is offset by the removal of an
equivalent volume form the flood plain in the immediate vicinity of
the area filled.
The deepening of channels is permitted, but the material removed
must not be deposited upon the flood plain except in accordance with
"b" above. The placement of fill material shall parallel the stream
channel. Further, the placement of fill shall not encroach upon the
channel setback line; shall not impede the flow of flood water; shall
not diminish the cross sectional area of the flood plain; and shall
not reduce the water retention capacity of the flood plain. In the
case of channels, the deepening shall be made at a point opposite,
or upstream from the filler-in area. Filling operations conducted
in accordance with the above standards shall permit the land so
filled to be developed and used in accordance with the provisions
of this ordinance.
d. Minimum Flood Elevation -- Any new structure located upon the
flood table land or upon fill shall have no habitable floor,
including basement floor, at an elevation less than 4 feet above
the flood base elevation.
e. Other Regulations to Apply -- In addition to the provisions of
this section, as they apply to the flood plain and the flood table
land, the regulations for the zone in which such land is located
shall continue in full force and effect.
SECTION 4 - PARKING, LOADING, TRAFFIC, ACCESS
4.1 PARKING AND LOADING
The off-street parking and loading provisions of this ordinance
shall apply as follows:
1. When the intensity of use of any building, structure, or premises
shall be increased through additional dwelling units, gross floor
area, seating capacity, or other units of measurement specified
herein for required parking or loading facilities, parking and
loading facilities as required herein shall be provided for such
increase in intensity of use.
2. Whenever the existing use of a building or structure shall hereafter
be changed to a new use, parking or loading facilities shall be
provided as required for such new use. However, if the said building
or structure was erected prior to the effective date of this
ordinance, additional parking or loading facilities are mandatory
only in the amount by which the requirements for the new use would
exceed those for the existing use, if the latter were subject to
the parking and loading provisions of this ordinance.
3. Existing Parking and Loading Facilities -- Accessory off-street
parking or loading facilities which were in existence on the
effective date shall not hereafter be reduced below, or if already
less than, shall not be further reduced below the requirements of
this ordinance for a similar new building or use.
4. Permissive Parking and Loading Facilities -- Nothing in this
ordinance shall be deemed to prevent the voluntary establishment of
contiguous off-street parking or loading facilities to serve any
existing use of land or buildings, provided that all regulations
herein governing the location, design, improvement, and operation
of such facilities are adhered to.
5. Control of Off-Site Parking Facilities -- Where required parking
facilities are provided on land other than the zoning lot on which
the building or use served by such facilities is located, they shall
be and shall remain in the same possession or ownership as the zoning
lot occupied by the building or use to which the parking facilities
are accessory. No such off-site parking facilities shall be
authorized, and no zoning certificate shall be issued where the
plans call for parking facilities other than on the same zoning lot
until and unless the Board of Zoning Appeals has reviewed the plans
and heard the applicant and made findings that the common ownership
or possession of the zoning lot and the site of the parking
facilities are reasonably certain to continue, and that the off-site
parking facilities will be maintained at all times during the life
of the proposed use or building.
4.2 ADDITIONAL REGULATIONS -- PARKING
1. except as otherwise indicated, required accessory off-street
parking facilities provided for uses listed hereinafter shall be
solely for the parking of passenger automobiles of patrons,
occupants (or their guests), or employees of such uses.
2. Collective Provision -- Off-street parking facilities for separate
uses may be provided collectively, if the total number of spaces so
provided collectively is not less than the sum of the separate
requirements for each such use and provided that all regulations
governing location of accessory parking spaces in relation to the
use served are adhered to. Further, no parking space for more than
one use unless otherwise authorized by the Board of Zoning Appeals.
3. Size of each parking space shall not be less than 200 square feet
exclusive of the space required for ingress and egress.
4. Access -- Each required off-street parking space shall open
directly upon an aisle or driveway of such width and design as to
provide safe and efficient means of vehicular access to such parking
space. All off-street parking facilities shall be designed with
appropriate means of vehicular access to a street or alley in a
manner which will least interfere with traffic movements.
5. Design and Maintenance
a. Surfacing and Bumper Guards -- All open off-street parking areas
except parking spaces accessory to a single-family dwelling shall
be improved with an asphaltic concrete surface, concrete, or some
comparable all weather dustless material, and shall have appropriate
bumper guards where needed.
b. Lighting -- Any lighting used to illuminate off-street parking areas
shall be directed away from residential properties in such a way as
not to create a nuisance.
6. Mixed Uses -- When two or more uses are located on the same zoning
lot or within the same building, parking spaces equal in number to
the sum of the separate requirements for each such use shall be
provided. no parking spaces or portion thereof shall serve as a
required space for more than one use unless otherwise authorized
by the Board of Zoning Appeals.
7. Other Uses -- For uses not listed in the following schedule of
parking requirements, parking spaces shall be provided on the same
basis as required for the most similar listed use, as required by
this ordinance, or as varied due to unique circumstances by the
Board of Zoning Appeals.
4.3 ADDITIONAL REGULATIONS -- OFF-STREET LOADING
1. Location -- All required loading berths shall be located on the
same zoning lot as the use served. No loading berth for vehicles
over 2-ton capacity shall be closer than 50 feet to any property
in a Residential District unless completely enclosed by a building
wall, or uniformly painted solid fence or wall, or any combination
thereof, not less than 6 feet in height.
2. Access -- Each required off-street loading berth shall be designed
with appropriate means of vehicular access to a street or alley in
a manner which will least interfere with traffic movements, and
subject to approval of the Building Commissioner and County Highway
Superintendent.
3. Surfacing -- All open off-street loading berths shall be improved
with a compacted macadam base, not less than 7 inches thick,
surfaced with not less than 2 inches of asphaltic concrete or
some comparable all weather dustless material.
4. Space allocated to any off-street loading berth shall not, while
so allocated, be used to satisfy the space requirements for any
off-street parking facilities or portions thereof.
5. For special uses other than prescribed for hereinafter, loading
berths adequate in number and size to serve such use, as determined
by the Board of Zoning Appeals, shall be provided.
4.4 SCHEDULE OF OFF-STREET PARKING, LOADING, AND UNLOADING REQUIREMENTS
Off-street parking, and off-street loading and unloading facilities shall
be provided in accordance with the following schedule:
USE OFF-STREET PARKING OFF-STREET LOADING
SPACES WHICH SHALL SPACES WHICH SHALL
BE PROVIDED BE PROVIDED
Single-family Two per dwelling unit None required
Multi-Family One and one-half per
dwelling unit
Motel, hotels, One per lodging unit, One for each structure
lodging houses plus one stall for each or each 20,000 square
100 square feet of retail feet of gross floor area.
sales or dining area
Commercial (except One per 200 square feet One for each shop over
as specifically of gross floor area 10,000 square feet of
provided below) floor area plus one for
each additional
100,000 square feet of
gross floor area
Furniture, appliance One per 400 square feet One plus one additional
stores, machinery of gross floor area for each 25,000 square
sales, wholesale feet of gross floor area
storage
Offices, banks, or One per 400 square feet One for each structure
public administration of gross floor area over 40,000 square feet
of gross floor area plus
one for each additional
100,000 square feet of
gross floor area
Manufacturing, One for each employee on One for each structure
warehousing the maximum working shift, plus one for each
plus one for each vehicle 60,000 square feet of
used in the conduct of the gross floor area over
enterprise 40,000 square feet
Churches, theaters One per five seating spaces One for each structure
auditoriums, and over 100,000 square
other places of assembly feet of gross floor area
Hospitals, rest homes, One per three employees, One for each 100,000
nursing homes, etc. plus one per three beds square feet of gross
floor area
4.5 VISIBLE PARKING OF JUNK ABANDONED OR UNLICENSED
MOTOR VEHICLES OR EQUIPMENT PROHIBITED IN
RESIDENTIAL DISTRICTS
All Contractors' equipment or tools or unlicensed motor vehicles shall be
parked or stored in a completely enclosed structure on any residential
premises except when making a delivery or rendering a service ar such
premises.
4.6 DRIVEWAYS
All driveways installed, altered, changed, replaced, or extended after the
effective date of this ordinance shall meet the following requirements:
1. Openings for vehicular ingress and egress shall not exceed 24 feet
at the street line and 30 feet at the roadway.
2. Vehicular entrances and exits to drive-in theaters, banks,
restaurants, motels, and funeral homes; vehicular sales, service,
washing, and repair stations, garages; or public parking lots shall
be not less than 200 feet from any pedestrian entrance or exit to a
school, college, university, church, hospital, park, playground,
library, public emergency shelter, or other place of public assembly.
4.7 HIGHWAY ACCESS
No direct private access shall be permitted to the existing or proposed
rights-of-way, expressways, or to any controlled access arterial street
without permission of the highway agency that has control jurisdiction,
and of the Planning Commission and County Board.
No direct public or private access shall be permitted to the existing or
proposed rights-of-way of the following:
1. Freeways, interstate highways, and their interchanges or turning
lanes, or to intersecting or interchanging streets within 1,500
feet of the most remote end of the taper of the turning lanes.
2. Arterial streets intersecting another arterial street within 100
feet of the intersection of the right-of-way lines.
3. Streets intersecting an arterial street within 50 feet of the
intersection of the right-of-way lines.
4. Access barriers such as curbing, fencing, ditching, landscaping, or
other topographic barriers shall be erected to prevent unauthorized
vehicular ingress or egress to the above specified streets or
highways.
5. Temporary access to the above rights-of-way may be granted by the
County Planning Commission after review and recommendation by the
highway agencies having jurisdiction. Such access permit shall be
temporary, revocable, and subject to any conditions required and
shall be issued for a period not to exceed 12 months.
SECTION 5 - MODIFICATIONS AND EXCEPTIONS
5.1 HEIGHT
The district height limitations stipulated elsewhere in this
ordinance may be exceeded, but such modification shall be in accord
with the following:
Architectural Projections such as spires, belfries, parapet walls,
cupolas, domes, flues, and chimneys are exempt from the height
limitations of this ordinance.
Special Structures such as elevator penthouses, gas tanks, grain
elevators, scenery lofts, radio and television receiving antennas,
manufacturing equipment and necessary mechanical appurtenances,
cooling towers, fire towers, substations, and smoke stacks are
exempt from the height limitations of this ordinance.
Essential Services, utilities, water towers, electric power and
communication transmission lines are exempt from the height
limitations of this ordinance.
Communication Structures such as radio and television transmission
and relay towers, aerials, and observation towers shall not exceed
in height 3 times their distance from the nearest lot line.
Agricultural Structures such as barns, silos, and windmills shall
not exceed in height twice their distance from the nearest lot line.
Public or Semipublic Facilities such as schools, churches, hospitals,
monuments, sanitariums, libraries, governmental offices and stations
may be erected to a height of 60 feet, provided all required yards
are increased not less than 1 foot for each foot the structure exceeds
the district's maximum height requirement.
5.2 YARDS
The yard requirements stipulated elsewhere in this ordinance may be
modified as follows:
Uncovered Stairs, landings, and fire escapes may project into any
yard, but not to exceed 6 feet, and not closer than 3 feet to any
lot line.
Architectural Projections such as chimneys, flues, sills, eaves,
belt courses and ornaments may project into any required yard.
Residential Fences are permitted on the property lines in
residential districts, but shall not be closer than 2 feet to any
public right-of-way.
Security Fences are permitted on the property lines in all districts,
but shall not exceed 10 feet in height and shall be of an open type
similar to woven wire or wrought iron fencing.
Accessory Uses and detached accessory structures are permitted in
the rear and side yards only; they shall not be closer than 10 feet
to the principal structure; shall not exceed 15 feet in height; shall
not occupy more than 30 percent of the rear and side yard areas; and
shall not be closer than 5 feet to any lot line.
Essential Services, utilities, electric power and communication
transmission lines are exempt from the yard and height requirements
of this ordinance.
Landscaping and vegetation are exempt form the yard and height
requirements of this ordinance.
5.3 ADDITIONS
Additions in the front yard of existing structures shall not project
beyond the average of the existing front yards on the abutting lots
or parcels.
5.4 AVERAGE FRONT YARDS
The required front yards may be decreased in any residential district
to the average of the existing front yards of the abutting structures
on each side, but in no case less than 15 feet in any residential
district.
5.5 NOISE
Sirens, whistles, and bells which are maintained and utilized solely
to serve a public purpose are exempt.
5.6 NONCONFORMING USE OF BUILDINGS AND LAND NOT AFFECTED
BY ZONING
The lawful use of any dwelling, building, or structure and of any
land or premises, as existing and lawful at the time of enactment
of a zoning ordinance or amendment thereto, may be continued although
such use does not conform with the provisions of such ordinance or
amendment, but if any such nonconforming use is voluntarily
discontinued for twelve months or more, any future use of such land
shall be in conformity with the provisions of the existing district.
The County Board shall provide in any zoning ordinance for the
completion, restoration, reconstruction, extension, or substitution
of nonconforming uses, upon such reasonable terms as are set forth
in the zoning ordinance.
SECTION 6 -- NONCONFORMING STRUCTURES OR USES
6.1 NONCONFORMING STRUCTURE
1. Maintenance Permitted -- A nonconforming structure lawfully existing
upon the effective date of this ordinance may be maintained, except
as otherwise provided in this section.
2. Repairs -- A nonconforming structure may be repaired or altered
provided no structural change shall be made.
3. Additions, Enlargements or Moving
a. A structure nonconforming as to use, height, yard requirements or
lot area shall not be added to or enlarged in any manner unless such
structure including such addition or enlargement is made to conform
to the use, height, yard, and area requirements of the district in
which it is located.
b. No nonconforming structure shall be moved in whole or in part to any
other location on the lot on which it is located unless every
portion of such structure is made to conform to all the requirements
of the district in which it is located.
6.2 NONCONFORMING USES
1. Continuation and change of Use -- Except as otherwise provided in
this ordinance:
a. A nonconforming use lawfully existing upon the effective date of
this ordinance may be continued.
b. A nonconforming use lawfully existing upon the effective date of
this ordinance may not be changed or enlarged.
2. Expansion Prohibited
a. A nonconforming use in a structure designed for a conforming use
shall not be expanded or extended into any other portion of such
conforming structure nor changed except to a conforming use.
b. A nonconforming use on apart of a lot shall not be expanded or
extended into any other portion of such lot.
6.3 NONCONFORMING VARIANCE PERMITTED BY BOARD OF
ZONING APPEALS
The Board of Zoning Appeals may authorize upon appeals in specific
cases such variance from the terms of this section, as will not be
contrary to the public interest where, owing to special conditions,
a literal enforcement of the provisions of this section will result
in unnecessary hardship, and so that the spirit of this section
shall be observed and substantial justice done, provided, however,
that no action shall be taken or decision made except after public
hearing.
6.4 AMORTIZATION OF NONCONFORMING USES OR BUILDINGS
1. Whenever a nonconforming use has been discontinued for a period of
12 months, such use shall not thereafter be reestablished, and use
thereafter shall conform to the provisions of this ordinance.
2. No buildings damaged by fire or other causes excluding residences
and farm buildings, to the extent that their restoration will cost
more than sixty (60) percent of their fair cash value shall be
repaired or rebuilt except to conform to the provisions of this
ordinance.
6.5 SUBSTANDARD LOT
In any agricultural or residential district, a one-family detached
dwelling and its accessory structures may be erected conforming to
R-3 residential district area requirements on any legal lot or lots
of record, in a platted town or subdivision, which was recorded in
the office of the County Recorder of Deeds before the effective date
of amendment of this ordinance.
Such lot or lots must have been in separate ownership from abutting
lands on the day of adoption of amendment of this ordinance. If
abutting lands and the substandard lot are owned on that date by the
same owner, the substandard lot shall not be sold or used without
full compliance with the provisions of this ordinance. If in separate
ownership, all the district requirements shall be complied with
insofar as practical and such lot or lots shall not be used without
full compliance with public health department requirements. The Board
of Zoning Appeals shall interpret the requirements to be followed in
such cases upon request of the Zoning Inspector. The Board of Zoning
Appeals shall order the Enforcing Officer to issue the permit.
SECTION 7 -- CONDITIONAL USES
7.1 CONDITIONAL USES
Conditional uses, as defined in the Definitions section, are those
which cannot be adequately controlled by simple regulation through
rigid dimensional and use standards. Conditional uses are those
which require individual review by the County Regional Planning
Commission to insure conformance with the intent of all
comprehensive plan elements. Conditional uses include two basic
categories:
1. Conditional Uses -- Single uses or single aspects of permitted uses
specifically identified in the Zoning Ordinance as requiring
individual review under the Conditional Use Procedure.
2. Mobile Home Parks subject to the Mobile Home Park Regulations found
in Appendix B. Mobile Home Parks shall also conform to the planned
Development Procedure in Section 3.
7.2 CONDITIONAL USE PROCEDURE
In applying for a conditional use, the applicant shall follow all
procedures set forth on zoning permits. The Zoning Enforcement
Officer shall refer the application to the Planning Commission.
The Planning Commission shall, after careful review of the
application for conditional use, make a recommendation on each
application to the Board of Zoning Appeals. The Board of Zoning
Appeals, after holding a public hearing in accordance with state
statutes, shall make a recommendation independent of that submitted
by the Planning Commission within 30 days of the concluded public
hearing forwarding such recommendations directly to the County Board.
The County Board may approve, modify, or disapprove the application.
In the case of approval or approval with modification, the County
Board shall issue written authorization to the Zoning Enforcement
Officer to issue a zoning permit in full conformance with Section 9.
This authorization shall remain on permanent file with the
application. The County Board may at tach special conditions to
insure conformance with the intent of all comprehensive plan
elements. The County Board may establish a schedule of reasonable
fees to be charged for conditional use permits.
The conditional use shall, in all other respects, conform to the
applicable regulations of the district in which it is located,
except as such regulations may be modified by another provision of
this Ordinance or the County Board.
1. Conditional Uses in All Districts -- The following are designated as
conditional uses which may be approved in all zoning districts:
public utility and service uses such as electric substations, gas
regulator stations, telephone transmission structures, radio, TV,
and micro-wave relay towers, water reservoirs, pumping stations,
sanitary landfills, government building, transportation facilities,
planned development, and similar uses.
2. Conditional Uses in Specified Districts -- Other conditional uses
may be approved in only those zoning districts where they are
designated as conditional uses under the zoning district regulations.
3. Standards for Decisions and Recommendations of the Board of Appeals
and Planning Commission -- No conditional use permit shall be
recommended by the Board of Appeals or the Planning Commission
unless there is a concurring vote of a majority of all members
present on findings of fact that:
a. The establishment, maintenance or operation of the conditional use
will not be detrimental to or endanger the public health, safety,
morals, comfort or general welfare.
b. The conditional use will not be injurious to the use and enjoyment
of other property in the immediate vicinity for the purpose already
permitted nor substantially diminish property values within the
neighborhood.
c. The establishment of the Conditional use will not impede the normal
and orderly development and improvement of the surrounding property
for uses permitted in the district.
d. Adequate utilities, access roads, drainage or necessary facilities
have been or will be provided.
e. Adequate measures have been or will be taken to provide ingress and
egress so designed as to minimize traffic congestion in the public
streets.
SECTION 8 -- BOARD OF APPEALS, ADMINISTRATION, AND ENFORCEMENT
8.1 BOARD OF APPEALS -- CREATION AND MEMBERSHIP
A board of Zoning Appeals, hereinafter referred to by the term
"Zoning Board," is hereby authorized to be established. Such Zoning
Board shall consist of five members appointed by the Chairman and
confirmed by the members of the County Board. The five members of
the first Zoning Board appointed shall serve terms of one, two,
three, four, and five years respectively. Thereafter, as terms
expire, each appointment shall be for 5 years. Vacancies shall be
filled by the Chairman of the County Board for the unexpired terms
only, subject to confirmation by the County Board. The County Board
shall have the power to remove any member of the Zoning Board for
cause, after a public hearing upon giving ten days notice thereof.
At the time of appointment to the Zoning Board, not more than one
of the members shall be resident within the limits of any one
township. The Chairman of the County Board shall name one of the
members of the Zoning Board as Chairman upon his appointment and,
in case of vacancy, shall name the Chairman.
8.2 MEETINGS
1. Regular meetings of the Zoning Board shall be held at such time and
place within the county as the Zoning Board may determine. Special
meetings may be held at the call of the Chairman, or as determined
by the Board. Such Chairman or, in his absence, the acting Chairman,
may administer oaths and compel attendance of witnesses. All
meetings of the Zoning Board shall be open to the public.
2. The Zoning Board shall keep minutes of its proceedings showing the
vote of each member upon every question or, if absent or failing to
vote, indicating such facts, and shall also keep records of its
examinations and other official actions. Every rule, regulation,
every amendment or appeal thereof, and every order, requirement
decision, or determination of the Zoning Board shall immediately be
filed in the office of the Board and shall be a public record. four
members of the Zoning Board shall constitute a quorum, and the
concurring vote of any order, requirement, decision, or determination
of the Zoning Enforcement Officer in any matter upon which it is
required to pass under this ordinance or to effect any variation or
modification in such ordinance to the County Board. In the
performance of its duties, the Zoning Board may incur such
expenditures as shall be authorized by the County Board. The Board
shall adopt its own rules of procedure not in conflict with the
stature or this ordinance.
8.3 JURISDICTION
1. The Board of Zoning Appeals shall hear and decide appeals from any
order, requirement, decision, or determination made by the Zoning
Enforcement Officer. It shall also hear and decide all matters
referred to it or upon which it is required to pass under this
ordinance.
2. The Zoning Board may reverse or affirm wholly or partly, or may
modify or amend the order, requirement, decision, or determination
appealed from to the extent and in the manner that the Zoning Board
may decide to be fitting and proper in the premises and, to that
end, the Zoning Board shall also have all the powers of the officer
from whom the appeal is taken.
3. When a property owner shows that a strict application of the terms
of this ordinance relating to the use, construction or alteration of
buildings or structures, or to the use of land, imposes upon him
practical difficulties or particular hardship, then the Zoning Board
may in the following instances only make such variations of the
strict application of the terms of this ordinance, as are in harmony
with its general purpose and intent when the Zoning Board is
satisfied, under the evidence heard before it, that a granting of
such variation will not merely serve as a convenience to the
applicant, but is necessary to alleviate some demonstrable hardship
so great as to warrant a variation. (See Section 8.5, Standards for
Variations.)
4. To permit the reconstruction of a nonconforming building which has
been destroyed or damaged to an extent of more than 60 percent of
its value, by fire or act of God, or compelling public enemy, where
the Zoning Board shall find some compelling public necessity
requiring a continuance of the nonconforming use, but in no case
shall such a permit be issued, if its primary function is for
financial gain.
5. To permit the remodeling or expansion of a nonconforming use where
the Board finds public necessity and convenience in the continuance
or expansion of the nonconforming use, and that such remodeling or
expansion does not materially affect the other uses in the
neighborhood.
6. Nothing herein contained shall be construed to give or grant to the
Zoning Board the power or authority to alter or change the Zoning
Ordinance, such power and authority being reserved to the County
Board.
7. The Zoning Board may impose such conditions and restrictions upon
the use of the premises benefited by a variance, as it may deem
necessary.
8. The results and findings of the Zoning Board on all matters shall be
reported in writing to the County Board and/or its designated
committee.
8.4 APPEALS -- HOW TAKEN
1. Any person aggrieved or any officer, department, board, or bureau of
the county may appeal to the Zoning Board to review any order,
requirement, decision, or determination made by the Zoning
Enforcement Officer.
2. Such appeal shall be made within 30 days after the date of written
notice of the decision or order of the Zoning Enforcement Officer
and the Zoning Board, a notice of appeal specifying the grounds
thereof. The Zoning Enforcement Officer shall forthwith transmit to
the Zoning Board all papers constituting the record upon which the
action appealed from was taken, and a public hearing scheduled.
3. An appeal stays all proceeding in furtherance of the action appealed
from, unless the Zoning Enforcement Officer certifies to the Zoning
Board, after the notice of appeal has been filed with him, that be
reason of facts stated in the permit, a stay would, in his opinion
cause imminent peril to life or property. In such case, proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Zoning Board, or by a court of record on
application, on notice to the Zoning Enforcement Officer, and on due
cause shown.
4. The Zoning Board shall fix a reasonable time for hearing of the
appeal and give due notice thereof to the parties and decide the
same within a reasonable time. Upon hearing, any party may appear
in person, by agent, or by attorney.
8.5 STANDARDS FOR VARIATIONS
1. Purpose -- The Board of Zoning Appeals shall determine and vary the
regulations of this ordinance in harmony with their general purpose
and intent, only in the specific instances hereinafter set forth,
where the Zoning Board makes a finding of fact based upon the
standards hereinafter prescribed, that there are practical
difficulties or particular hardships in the way of carrying out
the strict letter of the regulations of this ordinance.
2. A variation shall be permitted only if the evidence in the judgment
of the Zoning Board sustains each of the following:
a. That the property in question cannot yield a reasonable return, if
permitted to be used only under the conditions allowed by the
regulations in that zoning district.
b. That the plight of the owner was not created by the owner and is
due to unique circumstances.
c. That the variation, if granted, will not alter the essential
character of the locality.
3. For the purpose of implementing the standards for variations, the
Zoning Board, in making its decision whenever there are practical
difficulties or particular hardship, shall also take into
consideration the extent to which the following facts favorable to
the applicant have been established by the evidence that:
a. The particular physical surrounds, shape, or topographical
conditions of the specific property involved would bring a
particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were strictly enforced.
b. The conditions upon which the petition for variation is based would
not be applicable generally to other property within the same zoning
classification.
c. The alleged difficulty or hardship has not been created by any person
presently having an interest in the property, or any person through
whom the applicant claims title.
d. The granting of the variation will not be substantially detrimental
to the public welfare, or injurious to other property or improvements
in which the property is located.
e. The proposed variation will not impair an adequate supply of light
and air to adjacent property, or substantially increase the danger
of fire, or otherwise endanger the public safety, or substantially
diminish or impair property values within the neighborhood.
4. The Zoning Board may require such conditions and restrictions upon
the premises benefited by a variation as may be necessary to comply
with the standards set forth in this section to deduce or minimize
the injurious effect of such variation upon other property in the
neighborhood, and to implement the general purpose and intent of
this ordinance.
8.6 NOTICE OF HEARING
No variation of the terms of this Ordinance shall be granted by the
Zoning Board unless an application for a variance has been made to
the Zoning Enforcement Officer and a duly advertised public hearing
has been held by the Zoning Board, as prescribed by statute. The
notice of hearing shall contain the address or location of the
property and contain a brief description of the nature of the appeal
for which the variation or other ruling by the Zoning Board is sought.
Notice shall be given by certified mail at least fifteen (15) days
prior to hearing to all property owners within 200 feet in areas
zoned residential; 300 feet in areas zoned business or industrial;
and owners of adjacent land in area zoned agricultural. These
distances shall be from the parcel to be affected except where said
district extends into another district, then that standard will
apply. At the hearing, the appellant or applicant may appear in
person, by agent, or by attorney.
8.7 APPEALS TO COUNTY BOARD
1. All decisions of the Board of Zoning Appeals in reference to
variations rendered under the terms of this ordinance shall be
subject to review and final decision by the County Board, which
shall base its decision upon those factors and standards previously
set forth herein.
2. The County Board may:
a. Adopt or deny the proposed variation without further public hearing,
provided that such public hearing was conducted by the Board of
Zoning Appeals.
b. Adopt or deny the proposed variation only after a public hearing,
if such public hearing was not conducted by the Board of Zoning
Appeals.
c. Refer the proposed variation back to the Board of Zoning Appeals for
further consideration.
3. The County Board may adopt the proposed variation, upon a majority
vote of the members of the County Board, provided that such proposed
variation was approved by the Board of Zoning Appeals. However, if
such proposed variation was denied by the Board of Zoning Appeals,
such may be adopted by the County Board only upon a favorable vote
of three-fourths of the members of the County Board, and such
adoption of the proposed variation shall be accompanied by a finding
of fact specifying the reason for making such variation. (Approved
by the County Board on August 14, 1984)
8.8 ENFORCEMENT
1. This ordinance shall be administered and enforced by the County
Zoning Administrator appointed by the County Board, who is hereby
designated and herein referred to as the Zoning Enforcement Officer.
2. Proper authorities of the county or any person affected may
institute any appropriate action or proceeding against a violator,
as provided by statute.
SECTION 9 -- PERMITS
9.1 PERMIT APPLICATIONS
Applications for a permit shall be made in triplicate to the County
Zoning Enforcement Officer on forms furnished by the County Zoning
Enforcement Officer and shall include the following where applicable:
Name and address of the applicant, owner of the site, architect,
professional engineer, and contractor.
Description of the subject site by lot, block, and recorded
subdivision; address of the subject site; type of structure,
existing and proposed operation or use of the structure or site;
number of employees; and the zoning district within which the
subject site lies.
Plat of survey prepared by a registered land surveyor showing the
location, boundaries, dimensions, elevations, uses, and size of the
following: subject site, existing and proposed structures; existing
and proposed easements, streets, and other public ways; off-street
parking, loading areas and driveways; existing highway access
restrictions; existing and proposed street, side and rear yards. In
addition, the plat of survey shall show the location, elevation, and
use of any abutting lands and their structures within 40 feet of the
subject site.
Proposed sewage disposal plan, if municipal sewerage service is not
available. This plan shall be approved by the County Engineer who
shall certify in writing that satisfactory, adequate, and safe
sewage disposal is possible on the site as proposed by the plan,
in accordance with applicable local, county, and state Board of
Health restrictions.
Proposed water supply plan, if municipal water service is not
available. This plan shall be approved by the County Engineer who
shall certify in writing that an adequate and safe supply of water
will be provided.
Concrete, stone, wood, masonry, or other fences in a required front
yard, of any R, RE, Business or Industrial District shall require
permits. The Zoning Enforcement Officer shall also require permits
for any fences or other structures within the sight triangle
establishment at intersections.
Each permit issued for a main building also shall cover any
necessary structures or buildings constructed at the same time, on
the same premises, and such permit for which it is issued until
completion of construction or occupancy.
Permit shall be obtained prior to the commencement of any
construction whatsoever on land classified as "Agricultural" under
the Zoning Ordinance of Mason County. The procedure for obtaining
such permit shall be by application as set forth in Section 9 of the
Mason County Zoning Ordinance. Failure to comply with this provision
shall subject the violator to the penalties set forth in Section 11
of the Mason County Ordinance.
Any work or change in use authorized by permit, but not substantially
started within 90 days shall require a new permit. A permit shall be
revoked by the Zoning Enforcement Officer when he shall find from
personal inspection or from competent evidence, that the rules or
regulations under which it has been issued are being violated.
All applications and a copy of all permits issued shall be
systematically filed and kept by the Zoning Enforcement Officer in
his office for ready reference.
No permit shall be required for:
1. Routine maintenance or repair of buildings, structures, or equipment
such as repairing or reroofing a building, or reballasting a railroad
track.
2. Alterations of existing buildings having a replacement value of less
than $300.
3. Construction of a service connection to a municipally owned and
operated utility.
Application for conditional use permits under Section 3.4, shall be
referred by the Zoning Enforcement Officer to the Zoning Board
without delay.
Any work or change in use authorized by a zoning permit shall be
completed within 24 months from date of issuance of permit. An
extension of not more than 12 months may be given by the Zoning
Administrator only after approval by the Zoning Board of Appeals.
9.2 ZONING COMPLIANCE CERTIFICATE
1. REQUIREMENT OF ZONING COMPLIANCE CERTIFICATE
a. It shall be unlawful to use or occupy or permit the use of occupancy
of any land or structure or part thereof hereafter created,
constructed, erected, changed, moved, or enlarged in its use or
structure until a Zoning Compliance Certificate shall have been
issued by the Zoning Administrator stating that the proposed use of
land and structure conforms to the regulations and standards of the
Mason County Zoning Ordinance; provided, however, that a Zoning
Compliance Certificate shall not be required for land use for
agricultural purposes.
2. ISSUANCE OF ZONING COMPLIANCE CERTIFICATE
a. When all work as described on the Zoning Use Permit is complete, the
applicant shall notify the Zoning Administrator in writing. After
examination of the premise to ascertain that all work described on
the Zoning Use Permit has been conducted in compliance with the
regulations and standards of the Zoning Ordinance, the Zoning
Administrator shall issue the Zoning Compliance Certificate.
b. The Zoning Administrator shall issue the original copy of the Zoning
Compliance Certificate to the applicant and shall retain a duplicate
copy for his records.
3. TEMPORARY ZONING COMPLIANCE CERTIFICATE
a. A temporary Zoning Compliance Certificate may be issued by the
Zoning Administrator for a period not to exceed 12 months for any
temporary structure or use, and for temporary mobile homes which
will be occupied during construction of the principal structure.
4. FEES FOR ZONING COMPLIANCE CERTIFICATE
a. No fee shall be charged for the issuance of a Zoning Compliance
Certificate in cases involving the issuance of a Zoning Use Permit.
In cases where a Zoning Use Permit is not issued the fee shall be
$5.00
5. PENALTY FOR NON-COMPLIANCE
a. Failure to comply with this provision shall subject the violator to
the penalties set forth in Section 11 of the Mason County Zoning
Ordinance.
SECTION 10 -- AMENDMENTS
10.1 POWER TO AMEND
The county Board may from time to time amend, supplement, or change
by ordinance the boundaries of districts , or regulations here
established.
10.2 PETITIONS
Petitions by interested persons to rezone or reclassify any property
and the reasons in support thereof shall be filed with the Zoning
Enforcement Officer along with a fee to partially defray the expense
of investigation and consideration, which fee shall be collected by
the County Treasurer, who shall account for the same to the county,
except when an amendment is proposed by county zoning authorities,
no fee shall be required.
10.3 PROCEDURES
Upon any application for a proposed amendment, supplement, or change
being properly filed with the Zoning Enforcement Officer in the
County Zoning Enforcement Office, said officer shall immediately
cause a copy of same to be forwarded to the members of the County
Planning Commission, hereinafter referred to as Planning Commission,
and the members of the County Board of Zoning Appeals hereinafter
referred to as Zoning Board. The Planning Commission shall make such
investigation as provided by their rules of procedure. The Planning
Commission shall consider such proposed amendments at their next
regularly scheduled monthly meeting provided that, if 14 days have
not elapsed since the above said mailing of such proposed amendment,
they may defer action on it until their next regular monthly meeting.
In determining the 14-day period, the day the letter is mailed shall
be excluded and the day of the meeting shall be included. The
recommendation and report stating reasons for their decision, of the
Planning Commission, shall be forwarded to the Chairman of the Zoning
Board and to the Chairman of the County Board without delay. Said
report of the Planning Commission may be considered by the Zoning
Board in arriving at their decision, whether or not a member of the
Planning Commission appears at the public hearing. The Board shall
forward their report and decision, setting forth the reasons
therefore, to the Chairman of the County Board.
The Zoning Board shall cause notice of a public hearing to be duly
published, as prescribed by statute, not more than 30 nor less than
15 days before the hearing. A hearing shall be held in each township
directly affected, except that in the case of general amendments to
the text of the County Zoning Ordinance, the hearing shall be held
in the County Courthouse only. The published notice of a hearing
affecting a particular township or townships shall be published in
a newspaper qualified to accept legal notices, in general circulation
in the area affected. In addition, where a proposed amendment affects
a particular area of the county, notice shall be mailed to all
municipalities within one and one-half miles thereof, and all
adjacent property owners 15 days in advance of the hearing. Property
owners shall be considered adjacent although they are separated by a
street or road, or if a corner of their land touches, or if their
property is next to a tract of land a portion of which is to be
rezoned.
If property is held by a life tenant with contingent remainders or
rights in reversion, in trust, or by more than one person, it shall
be sufficient notice, if notice is sent to the person receiving the
tax bills as shown by the records in the County treasure's office.
No proposed amendment shall be defeated because of improperly mailed
notices, if the Zoning Board is satisfied that the applicant has
made a diligent effort to list all property owners in his application
for the zoning change. Within a reasonable time after the hearing,
the Zoning Board shall make a report to the County Board.
10.4 PASSAGE OF AMENDMENT
The favorable vote of at least three-fourths of all of the members
of the County Board shall be necessary to pass an amendment in the
following instances:
1. When a written protest against the proposed amendment is filed with
the County Clerk, signed and acknowledged by the owners of 20
percent of the frontage immediately adjoining or across the alley
therefrom, or by the owners of 20 percent of the frontage directly
opposite the frontage proposed to be altered.
2. When a land affected by a proposed amendment lies within one and
one-half miles of the limits of a zoned municipality and a written
protest against the proposed amendment is passed by the City Council
or President and Board of Trustees of the nearest adjacent zoned
municipality, and filed with the County Clerk.
In all other instances except those just above listed, a majority
vote of the members of the County Board present at the meeting at
which the amendment is considered shall be necessary to pass an
amendment.
SECTION 11 -- FEES, VIOLATIONS, PENALTIES
11.1 FEES
Fees pertaining to petitions for zoning amendments, use permits,
certificates of compliance, variations, and for appeals to the
Board of Zoning Appeals shall be established by action of the County
Board from time to time. Such fees shall be paid to the County Clerk
who shall give a receipt therefor and account for same at regular
intervals to the County Board.
11.2 VIOLATIONS
It shall be unlawful to construct or use any structure, land or
water in violation of any of the provisions of this ordinance. In
case of any violation, the County Board, County Zoning Enforcement
Officer, the County Planning Commission, or any property owner who
would be specifically damaged by such violation may institute
appropriate action or proceeding to enjoin a violation of this
ordinance.
11.3 PENALTIES
Any person, firm, or corporation who fails to comply with the
provisions of this ordinance shall, upon conviction thereof, forfeit
not less than $10.00 nor more than $200.00 for each offense. Each
day a violation exists or continues shall constitute a separate
offense.
SECTION 12 -- RULES AND DEFINITIONS
12.1 RULES
1. Words used in the present tense shall include the future; and words
used in the singular number shall include the plural number, and the
plural the singular; where the context requires.
2. The word "shall" is mandatory and not discretionary.
3. The word "may" is permissive.
4. The word "lot" shall include the words "piece," "parcel," and
"tract;" and the phrase "used for" shall include the phrases
"arranged for," "designed for," "intended for," "maintained for,
" and occupied for."
5. All measured distances shall be to the nearest integral foot -- if
a fraction is one-half foot or less, the integral foot next below
shall be taken.
6. Any words not defined as follows shall be construed in their general
accepted meanings as defined in the most recent publication of
Webster's dictionary.
7. The words and terms set forth herein under "Definitions" wherever
they occur in this ordinance shall be interpreted as herein defined.
12.2 DEFINITIONS
Accessory Use or Structure
A use of structure subordinate to the principal use and located on
the same premises serving a purpose customarily incidental to the
principal use. For example, a retail business is not considered
customarily incidental to a residential use. Residential accessory
uses may include storage of household goods, parking areas, gardening,
servants' quarters, private swimming pools, private emergency
shelters, and other similar uses.
Agriculture
Land, or land, buildings and structures, the principal use of which
is growing farm or truck garden crops, dairying, pasturage,
agriculture, horticulture, floriculture, viticulture, or animal or
poultry husbandry, and uses customarily incidental to agricultural
activities, including but not limited to the farm dwellings for
tenants and full-time hired farm workers and the dwellings or
lodging rooms for seasonal workers.
Boarding House (Rooming or Lodging House)
A residential building, or portion thereof -- other than a motel,
apartment hotel, or hotel -- containing lodging rooms for
accommodation of three or more persons who are not members of the
keeper's family, and where lodging or meals or both are provided by
pre-arrangement and for definite periods, at a definite pre-arranged
price.
Building
Any structure having a roof supported by columns or walls used or
intended to be used for the shelter or enclosure of persons, animals,
equipment, machinery, or materials.
Building Height
The vertical distance measured from the mean elevation of the
finished lot grade along the front yard face of the structure to
the highest point of flat roofs; to the mean height level between
the eaves and ridges of gable, gambrel, hip and pitch roofs; or to
the deck line of mansard roofs.
Camps or Campgrounds
Tracts of land of a design or character suitable for and used for
seasonal, recreational, and other similar living purposes. The
tracts may have located on them a structure of a seasonable,
temporary, or movable nature such as a cabin, hunting shelter, or
tent.
Comprehensive Plan
The Extensively developed and evolving plan, also called a master
plan, adopted by the County Planning Commission.
Conservation
Preservation of land, water, flora, fauna, and cultural artifacts in
their original state.
Consumer Service
Sale of any service to individual customers for their own personal
benefit, enjoyment, or convenience. For example, consumer services
include the provision of the personal services such as beauticial
and barbering services, the provision of lodging, entertainment,
specialized instruction, financial services, transportation, laundry
and dry cleaning services, and all other similar services.
Dwelling
A building or portion thereof designed or used exclusively as a
residence or sleeping place, but not including boarding or lodging
houses, motels, tents, cabins, or mobile homes.
Essential Services
Services provided by public and private utilities necessary for the
exercise of the principal use or service of the principal structure.
These services include underground, surface or overhead gas,
electrical, steam, water, sanitary sewerage, storm water drainage,
and communication systems and accessories thereto such as poles,
towers, wires, mains, drains, vaults, culverts, laterals, sewers,
pipes, catch basins, water storage tanks, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, pumps, lift
stations, hydrants, etc., but not including buildings.
Family
Two or more persons related to each other by blood, marriage, or
legal adoption, living together as a single housekeeping unit; or a
group of not more than 3 persons who need not be related by blood,
marriage, or legal adoption living together as single housekeeping
unit and occupying a single dwelling unit; in either case, exclusive
of usual domestic servants.
Farmstead
A farmstead shall consist of a parcel of land or forty (40) or more
contiguous acres.
Floor Area
The sum of the gross floor area for each of the several stories
under roof measured from the exterior limits or faces of a building
or structure above grade. Attached accessory structures not included.
Garage, Private
An accessory building, or an accessory portion of a principal
building enclosed on at least three sides which is intended for and
used to store private passenger motor vehicles and no more than one
three-quarter ton or lesser-sized truck.
Grade
The highest level of the finished surface of the ground adjacent to
the exterior walls of the building or structure.
Home Occupation
An occupation carried on in a dwelling by the resident thereof, not
involving the conduct of a retail business or manufacturing business,
the employment of any additional persons in the performance of such
services excepting members of the immediate family residing on the
premises and one receptionist or office assistant; nor using any
mechanical equipment other than is usual for purely domestic or
hobby purposes; nor exterior storage of equipment or materials used
in connection with the home occupation. Home occupations, further,
shall not utilize more than 25 percent of the total floor area of
any one story.
Hotel
An establishment containing lodging rooms for occupancy by transient
guests, but not including a boarding or rooming house. Such an
establishment provides customary hotel services such as maid and
bellboy services, furnishing of and laundry of linens used in the
lodging rooms, and central desk with telephone.
Junkyard
Any land or structure used for a salvaging operation including,
among other things, the storage and sale of waste paper, rags, scrap
metal, and discarded materials, and the collecting, dismantling,
storage and salvaging of unlicensed, inoperative vehicles.
Kennel
Any premises or portions thereof on which four or more dogs, cats,
or other household domestic animals over four months of age are kept,
of on which more than two such animals are maintained, bred, or cared
for, for remuneration or sale.
Loading Area
A completely off-street space or berth on the same lot for the
loading or unloading of freight carriers having adequate ingress
and egress to a public street or alley.
Lodging Room
A room rented as sleeping and living quarters, but without cooking
facilities, and without an individual bathroom. In a suite of rooms,
each room which provides sleeping accommodations shall be counted as
one lodging room.
Lot
A single parcel of land which may be legally described as such, or
two or more adjacent numbered lots or parts of such lots in a
recorded subdivision plat having principal frontage on a street
which comprises a site occupied by, or intended for occupancy by
one principal building or principal use together with accessory
buildings and uses, yards and other open spaces required by this
ordinance.
Lot, Corner
A lot abutting on two streets at their juncture, when the interior
angle formed is less than 134 degrees.
Lot Lines and Area
The peripheral boundaries of a parcel of land and the total area
lying within such boundaries.
Lot, Interior
A lot other than a corner lot.
Lot Recorded
A lot designated on a subdivision plat or deed duly recorded
pursuant to statute in the County Recorder's Office. A recorded
lot may or may not coincide with a zoning lot.
Lot Width
The width of a parcel of land measured at the rear of the specified
street yard.
Lot, Zoning
A parcel of land composed of one or more recorded lots, occupied or
to be occupied by a principal building or buildings or buildings or
uses meeting all the requirements for area, buildable area, frontage,
width, yards, setbacks, and any other requirements set forth in this
ordinance.
Mobile Home
"Mobile Home" means any vehicle or similar portable structure used
or so constructed as to permit its being used as a conveyance upon
the public streets or highways, and designated to permit the
occupancy thereof as a dwelling place for one or more persons.
Motel
An establishment consisting of a group of lodging rooms each with
individual bathrooms, and designed for use by transient guests.
A motel furnishes customary hotel services such as maid service and
laundering of linen used in the lodging rooms, telephone and
secretarial or desk service, and the use and upkeep of furniture.
Nonconforming Structure
A structure which lawfully occupies a building site or land at the
time of adoption of this ordinance, and which does not conform with
the regulations of the district in which it is located.
Nonconforming Use
A use which lawfully occupies a building or land at the time of
adoption of this ordinance, and which does not conform with the
use regulations of the district in which it is located.
Nonretail Commercial
Commercial sales and services to customers who intend resale of the
products or merchandise sold or handled. For example, non-retail
commercial includes wholesale activities, warehousing, trucking
terminals, and similar commercial enterprises.
Nursing Home or Rest Home
A home for the aged, chronically ill or incurable persons in which
three or more persons not of the immediate family are received,
kept, or provided with food and shelter and care for compensation,
but not including hospitals, clinics, or similar institutions
devoted primarily to the diagnosis, treatment, or care of the sick
or injured.
Open Sales Lot
Land used or occupied for the purpose of buying or selling
merchandise includes, but not limited to, passenger cars, trucks,
motor scooters, motorcycles, boats, monuments, and trailers.
Parking Space
A graded all-weather surface area of not less than 200 square feet
in area, either enclosed or open, for the parking of a motor vehicle
having adequate ingress and egress to a public street or alley.
Planned Space
A parcel or tract of land, initially under single ownership or
control, which contains two or more principal buildings, and one or
more principal uses planned and constructed as a unified development.
Planned Development
A parcel or tract of land, initially under single ownership or
control, which contains two or more principal buildings, and one or
more principal uses planned and constructed as a unified development.
Relatives
Persons standing in the relation of son, daughter, son-in-law,
daughter-in-law, aunt, uncle, niece, nephew, father or mother,
brother, sister, grandchildren, or grandparents.
Retail Sales
Sale of any product or merchandise to customers for their own
personal consumption or use, not for resale.
Sanitary Land Fill
A method of disposing of refuse be spreading and covering such
refuse with earth to a depth of 2 feet or more on the top surface
and 1 foot or more on the sides of the bank.
Setback, Building
The minimum horizontal distance between the front line of a building
or structure and the front lot line.
Service Station, Filling Station, Gas Station
Any building or premises whose principal use is the dispensing,
sale, or offering for sale at retail, of any motor vehicle fuel or
oils. Open storage shall be limited to no more than 4 vehicles
stored for minor repair bearing current license plates. Such storage
shall not exceed 72 hours duration and shall not permit the storage
of wrecked vehicles.
Shopping Centers
Regional
The regional shopping center is generally designed to serve the
"one-stop" customer. He may park his car once and travel to various
store destinations and purchase almost everything. The regional
shopping center normally contains a major department store where a
large variety of goods and services are offered. The center also
usually contains professional offices, specialty shops, restaurants,
and perhaps amusement facilities. A maximum trade area population of
approximately 100,000 persons is necessary to adequately support a
regional center.
Community
The community shopping center is generally designed and constructed
to serve a population of approximately 40,000 to 80,000 people. The
facilities usually present in this type of center are a junior
department store, branch banks, apparel shops, supermarkets, and
personal service enterprises such as beauty shops, barber shops, and
dry cleaners.
Neighborhood
Neighborhood centers mainly serve the day-to-day needs of people in
their immediate vicinity. Normally the neighborhood center contains
from five to ten stores with a supermarket as its focal point.
Structural Alterations
Any change, other than incidental repairs which would prolong the
life of the supporting members of a building or structure such as
bearing walls or partitions, column, beams or girders; or any
substantial change in the roof or exterior walls.
Structure
Anything erected, the use of which requires more or less permanent
location on the ground; or attached to something having a permanent
location on the ground. A sign, billboard, or other advertising
device detached or projecting shall be construed to be a structure.
Thoroughfare
A street with a high degree of continuity which serves as an
intrastate, an intracounty or interstate highway, or as an arterial
trafficway between the various districts of this county. It affords
a primary means of access to abutting properties except from
thoroughfares classified as freeways or other limited access routes
not containing frontage roads.
Use
The purpose or activity for which the land or building thereon is
designed, arranged, or intended, or for which it is occupied or
maintained.
Use, Accessory
A use subordinate to the principal use and located on the same
premises serving a purpose customarily incidental to the principal
use. Residential accessory uses may include storage of household
goods, parking area, gardening, servants' quarters, private swimming
pools and private emergency shelters.
Use, Permitted
A use which may be Lawfully established in a particular district or
districts provided it conforms with all requirements, regulations,
and performance standards, if any, of such district.
Use, Principal
The main use of land or buildings as distinguished from a
subordinate or accessory use. It may be either a permitted or
special use.
Use, Conditional
Uses of such variable nature as to make control by rigid
preregulation impractical. After due consideration in each case,
by the County Board, after receiving the report and recommendations
of the Planning Commission relative to the impact of such use upon
neighboring land, and of the public need for the particular use at
the particular location, such "Conditional Use" may or may not be
granted by the County Board.
Utilities
Public and private facilities such as water wells, water and sewage
pumping stations, water storage tanks, power and communication
transmission lines, electrical power substations, static transformer
stations, telephone and telegraph exchanges, microwave radio relays,
and gas regulation stations, but not including sewage disposal
plants, municipal incinerators, warehouses, shops and storage yards.
Yard
An open space on a lot which is unoccupied and unobstructed from
its lowest level to the sky, except as otherwise provided in this
ordinance. See Appendix A for illustration entitled "Yards."
Yard, Corner Side
A side yard which adjoins a street or thoroughfare.
Yard, Front (setback)
A yard which is bounded by the side lot lines, front lot line, and
the front yard line.
Yard, Interior Side
A side yard which is located immediately adjacent to another lot or
to an alley separating such side yard from another lot.
Yard, Rear (Setback)
A yard which is bounded by side lot lines, rear lot line, and the
rear yard line.
Yard, Side (setback)
A yard which is bounded by the rear yard line, front yard line,
side yard line, and side lot line.
SECTION 13 -- EFFECTIVE DATE
13.1 WHEN EFFECTIVE
This ordinance is hereby declared to be urgent and necessary for the
immediate preservation of the public peace, health, and safety, and
shall be in full force and effect from and after its due passage,
approval, and recording, and publication as provided by law.
Approved and ordained by the County Board, the County of Mason this
10 day of June, 1975.
Paul Martinie, Chairman
County Board
ATTEST:
Walter J. Furrer
County Clerk
APPENDIX A
YARDS
APPENDIX B
MOBILE HOME PARK REGULATIONS
A SPECIAL USE ORDINANCE DEFINING AND REGULATION MOBILE HOME PARKS:
ESTABLISHING MINIMUM STANDARDS GOVERNING THE PROVIDED UTILITIES AND
FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS OF MAKING MOBILE HOME
PARKS SAFE, SANITARY, AND FIT FOR HUMAN HABITATION: FIXING THE
RESPONSIBILITIES AND DUTIES OF OWNERS AND OPERATORS OF MOBILE HOME PARKS.
BE IT ORDAINED BY THE COUNTY BOARD OF THE COUNTY OF MASON, ILLINOIS:
SECTION 1 -- DEFINITIONS
Accessory Structure
A building subordinate to and smaller than a principal building or
mobile home that contributes to the comfort, convenience, or
necessity of the occupants of the principal building or mobile home.
Board of Appeals
The County Zoning Board of Appeals.
County Zoning Administrator
The legally designated County Enforcing Officer (or his authorized
representative).
Dependent Mobile Home
"Dependent Mobile Home" means a mobile home which does not have a
toilet and bath or shower facilities. Their use is prohibited in any
mobile home park.
Independent Mobile Home
Any enclosure or vehicle used for living, sleeping, business or
storage purposes on a foundation or wheels which is, has been, or
reasonably may be equipped with wheels or other devices for
transporting it from place to place, whether by motive power or
transporting it from place to place, whether by motive power or
other means, suitable for year-round occupancy, and containing both
facilities and self-contained toilet. This definition is not intended
to include travel trailers or camper buses.
May
The term "may" shall mean permissible.
Mobile Home
"Mobile Home" means any vehicle or similar portable structure used
or so constructed as to permit its being used as a conveyance upon
the public streets or highways and designated to permit the occupancy
thereof as a dwelling place for one or more persons.
Mobile Home Lot
A parcel of land designated for the exclusive use of the occupants
of a single mobile home, also termed mobile home space.
Mobile Home Park
"Mobile Home Park" means an area of land upon which two or more
occupied mobile homes are harbored either free of charge or for
revenue purposes, and shall include any building, structure, tent,
vehicle, or enclosure used or intended for use as a part of the
equipment of such mobile home park.
Mobile Home Stand
That part of an individual lot which has been reserved for the
placement of the mobile home, appurtenant structures, or additions.
Permit
The term "permit" means a written permission issued by the County
Zoning Administrator permitting the owner to construct or alter a
mobile home park under this ordinance and regulations promulgated
thereunder.
Person
Means an individual, firm, partnership, corporation, company, or
association.
Service Building
Means a building housing manager's office, laundry facilities,
maintenance equipment, toilet facilities for employees, and
emergency sanitary accommodations.
Shall
The term "shall" means imperative and mandatory.
Zoning Permit
The term "permit" means a written permission issued by the Zoning
Administrator permitting the owner to construct or alter a mobile
home park under this ordinance and regulations promulgated thereunder.
SECTION 2 -- MINIMUM REGULATIONS
Each park to be constructed under the provisions of this ordinance
shall adhere to the minimum regulations as are required by the
Illinois State Department of Health regulation Mobile Home Park
Sanitation. The Department of Health regulations establish health
sanitation and safety standards for all parks in Illinois.
SECTION 3 -- APPLICATION FOR PERMIT
In order to obtain a zoning permit to construct a new mobile home
park or an addition to an existing mobile home park, the applicant
shall file with the Zoning Administrator a written application
setting forth:
1. The full name and address of the applicant or applicants, or names
and addresses of the partners if the applicant is a partnership, or
the names and addresses of the partners if the officers if the
applicant is a corporation, and the present or last occupation of
the applicant at the time of filing of the application.
2. Location and legal description of the tract of land, certified on a
plat of a survey by an Illinois Registered Land Surveyor drawn to
scale of 1" = 100 ', or larger.
3. The proposed and existing facilities in the park for water supply,
sewage, garbage and waste disposal, fire protection, and for a
sanitary community building which will include a description of
toilets, urinals, sinks, wash basins, slop sinks, showers, drains
and laundry facilities thereof.
4. The proposed method of lighting the structures and land upon which
the park is to be located.
5. All corners and points of tangency are to be marked by galvanized or
wrought iron pipe or iron or steel bars at least 18 inches in length
and not less than 1/2 inch in diameter. The top of the pipe or bar
is to be set level with the established grade of the ground.
6. The plans of the park drawn on a scale of 50 feet to an inch,
building plans and specifications for existing buildings and facilities, and
the plans and specifications for new buildings and facilities or the
proposed alterations in existing facilities, all showing compliance
with the provisions of this Ordinance. The plot plans shall be drawn
on a scale of 50 feet to an inch and contain, among other things,
the following:
a. The date on which such plot plans were prepared.
b. An arrow indicating North.
c. All mobile home sites shall be properly numbered on all plot plans.
d. Complete information regarding storm sewers.
e. Storm water runoff shall be shown on a separate plat.
f. Contour lines with intervals of not more than 5 feet where the slope
is greater than 10 percent, and not more than 2 feet where the slope
is less than 10 percent shall be shown on a separate plat, and the
United States Geological Survey data shall be used for the
preparation of such a plat.
g. Grades of driveways and all ditches shall be shown on a separate plat.
7. A statement of the fire-fighting facilities, public or private,
which are available to the mobile home park.
8. An affidavit of the applicant as to the truth of the matters
contained in the application shall be attached thereto. Each
application for a permit to construct shall be accompanied by an
application fee amounting to $25 for each. Each application fee
shall be paid to the Clerk by certified check or United States
money order in the amount of the application fee only, and said
application fee once paid to the County Clerk shall not be refunded.
SECTION 4 -- APPLICATION REVIEW
Upon receipt of an application for a zoning permit to construct a
park, the Zoning Administrator shall, if the park is or the proposed
park will be in conformity with the ordinance, issue a permit to construct.
If the application for a permit to construct is declined, the Zoning
Administrator shall give the reasons therefor in writing to the
applicant; and if the objections can be corrected, the applicant may
amend his application and resubmit it for approval.
If a zoning permit to construct a park is issued, the applicant
shall upon completion thereof notify the Zoning Administrator. The
Zoning Administrator shall then inspect the park, and if completed
in accordance with the accepted application, the Zoning Administrator
shall issue a permit of compliance.
No person, firm, or corporation shall provide or install a mobile
home park or make a change or addition to a mobile home park until
the plans therefor have been submitted to and approved by the State
Department of Health.
No change in any sanitary facilities, methods of water supply, sewer,
drainage, garbage or waste disposal, and no change in the plot plan
shall be made without first making a written application to the Zoning
Administrator and receiving a permit therefrom. Such application shall
be made in the way and manner herein set forth except that a fee
amounting to ten ($10) dollars for each 10 acres or fraction thereof
used to harbor mobile homes therein shall accompany each application
for a permit to alter such mobile home park. No application fee shall
be required to accompany an application for a permit to alter a park
where such alteration involved only a reduction in the number of
mobile home spaces to a number less than such park is currently
permitted. Such a change or changes shall comply with such safety and
sanitary code, building code, rules and regulations as are applicable
thereto.
Such a permit does not relieve the applicant from securing any other
permit or certificate, or from complying with any other ordinances of
the municipality.
SECTION 5 -- LICENSE FEE
No person, firm, or corporation shall construct a mobile home park
without first obtaining a zoning permit and building permit to do so.
Each certificate and permit to construct, and each certificate or
permit to make alterations therein shall be prominently displayed in
the office of the mobile home park for which the same was issued.
In addition to the application fee provided for herein, the licensee
shall pay to the Zoning Administrator on or before April 30 of each
year an annual license fee which shall be three ($3.00) dollars for
each mobile home space in the park.
Provided that subsequent to the effective date of this ordinance,
any applicant for an original license to operate a new mobile home
park constructed under a permit issued by the Zoning Administrator
shall only be required to pay one-quarter of the annual fee if such
park begins operation after the 31st day of January and before the
1st day of May of such licensing year; or one-half of the annual fee
if such mobile home park begins operation after the 31st day of
October and before the 1st day of February of such licensing year;
or three-quarts of the annual fee if such park begins operation
after the 31st day of July and before the 1st day of November of
such licensing year; but shall be required to pay the entire annual
fee it such mobile home park begins operation after the 30th day of
April and before the 1st day of August of such licensing year.
Each license fee shall be paid to the Zoning Administrator by a
separate certified check or United States money order in the amount
of the license fee only, and any license fee or any part thereof
once paid to and accepted by the Zoning Administrator shall not be
refunded if the license is granted.
The Zoning Administrator shall deposit all funds received under this
Ordinance with the County Clerk.
SECTION 6 -- LICENSE REVOCATION
Any license granted hereunder shall be subject to revocation or
suspension by the Zoning Administrator. However, the Zoning
Administrator shall first serve or cause to be served upon the
licensee a written notice in which shall be specified the way or
ways in which such licensee has failed to comply with this Ordinance.
Said notice shall require the licensee to remove of abate such nuisance,
unsanitary or objectionable condition specified in such notice within a
reasonable time. If the licensee fails to comply with the terms and
conditions of said notice within a reasonable time, the Zoning Administrator
may revoke or suspend such license.
No license shall be issued for the licensing year commencing May 1,
or for any licensing year thereafter, regardless of whether a license
is issued for such mobile home park for any prior licensing year, for
any mobile home park for any prior licensing year, for any mobile home
park which does not fully comply with the minimum site improvement
requirements of this Ordinance for interior streets, concrete runways
and sidewalks, and street lighting.
SECTION 7 -- LICENSE TRANSFER
Licenses issued hereunder apply only to the premises described in
the application and in the license issued thereon, and only one
location shall be son described in each license. A license which has
been issued to a person, firm or corporation may not be transferred
to any other person, firm, or corporation without the written
consent of the Zoning Administrator. However, the Zoning Administrator
may not without such consent where the provisions of this Ordinance
have been met.
SECTION 8 -- APPLICATION AND LICENSE DISTRIBUTION
When the Zoning Administrator has approved an application for a
permit to construct or make alterations upon a mobile home park or
the appurtenances thereto or a license to operate and maintain the
same, it shall retain the original and keep a file thereof, and one
copy shall be returned to the applicant or his agent; one copy shall
be delivered to the Clerk.
The Zoning Administrator shall draft and supply all forms and blanks
and specify the number and detail necessary to obtain permits to
construct or make alterations upon mobile home parks and for a
license to operate and maintain such a park according to this
Ordinance.
SECTION 9 -- RECORDS RESPONSIBILITY
The Zoning Administrator shall keep a record of all mobile home
parks; said records to show the names and addresses of all mobile
home parks; names and addresses of the licensees; number of mobile
home lots in each park; source of water supply; system of sewage and
garbage disposal; and any other information deemed essential by the
Zoning Administrator.
SECTION 10 -- ENVIRONMENTAL OPEN SPACE AND ACCESS REQUIREMENTS
1. Every park to be constructed under the provisions of this ordinance
shall provide for the following, in the manner specified:
a. No park shall be so located that the drainage of the park area will
endanger any water supply. All such parks shall be well drained and
shall be located in areas free from ponds, swamps, and similar places
in which mosquitoes may breed. No waste water from mobile homes
shall be deposited on the surface of the ground, except
state-approved systems may be used.
b. All land proposed for mobile home parks shall be adequately
protected against flooding.
c. Not subject to any hazard or nuisance such as excessive noises,
vibration, smoke, toxic matter, radiation, heat, or glare.
d. Not subject to any source of pollution such as drainage from garbage
disposal areas.
e. Not subject to any adverse influence from adjoining streets and areas.
f. the tract of land involved shall be area of not less than 10 acres.
2. Site Drainage Requirements
a. The ground surface in all parts of every park shall be graded and
equipped to drain all surface water in a safe, efficient manner.
b. Adequate provisions shall be made for approved sanitary sewage
treatment.
3. Soil and Ground Cover Requirements
a. Exposed ground surfaces in all parts of every park shall be paved or
covered with stone screenings or other solid material, or protected
with a grass or sod growth that is capable of preventing soil
erosion and the emanation of dust during dry weather.
b. Where the topography has a slope of 25 percent or more, a rip wall
cribbing or other approved system of soil and slope stabilization
shall be installed and maintained.
4. Nuisances in Parks
All parks shall be maintained free or nuisances such as excessive
heat, glare, vibration, smoke, toxic matter, radiation, and fire or
explosive hazards.
5. Physical Hazards in Parks
a. Adequate protective barriers shall be provided and maintained where
there is a slope in excess of 45 degrees, and a change in elevation
of 6 feet. Such barriers may include, but are not limited to,
continuous shrubs or fences.
b. Swimming pools shall be screened, fenced, or secured when not in
active use to prevent injury. Fencing or other artificial enclosures
shall completely enclose the pool area.
c. Swimming pools shall be constructed and maintained in accordance
with the requirements of the State Department of Public Health.
6. Nonresidential Uses
No part of any park shall be used for nonresidential purposes except
such uses that are required for direct servicing and well-being of
park residents, and for the management and maintenance of the parks.
7. Required Mobile Home Density and Separations Between Mobile Homes
a. No park shall contain more than seven mobile home spaces per gross
acre. In calculation the number of mobile home spaces that could be
provided, the number of acres contained in the mobile home park
including land devoted to interior streets and recreational open
space is multiplied by seven.
b. Mobile homes shall be separated from each other and from other
buildings and structures by at least 20 feet.
c. An accessory structure which has a horizontal area exceeding 25
square feet attached to mobile home has an opaque top or roof that
is higher than adjacent window sills of such mobile home and shall,
for purposes of this separation requirement be considered to be part
of the mobile home. Roofed-over patios, carports, and individual
storage facilities shall be included as part of the mobile home
in determining yard widths between mobile homes. Accessory structure
shall not be permitted closer than 10 feet to any property line of
any mobile home lot.
8. Required Setbacks, Buffer Strips, and Screening in Mobile Home Parks
a. All mobile homes shall be located follows from any park boundary
line abutting upon a public street or highway.
100-foot setback on federal highways
50-foot setback on state highways
35-foot setback on all county, township, or municipal roads
They shall be ar least 10 feet from other park property boundary
lines.
b. All mobile home sites shall provide a front yard of not less than 15
feet measured from the edge of the pavement. No off-street parking
shall be permitted in the front yard.
c. Street trees shall be encouraged to be planted within 5 feet of the
pavement. The following trees are acceptable to the municipality
for such planting: red or pin oak, hard maple, thornless honey
locust, ironwood, columnar maple or hackberry, American ash,
European American beech, little leaf linden, Washington thorn,
downy hawthorn, tulip, sugar maple, sweet gum, ginkgo, Norway
crimson maple.
9. Recommended Recreation Areas in Mobile Home Parks
In all parks accommodating or designed to accommodate 10 or more
mobile homes, there may be one or more recreation areas which shall
be easily accessible to all park residents. No outdoor recreation
area should contain less than one acre. Recreation areas shall be
so located as to be free of traffic hazards and should, where
topography permits, be centrally located.
10. Park Street System
a. General Requirement -- All parks shall provide safe, continuous and
convenient vehicular access from abutting public streets or roads to
each mobile home space. For purposes of this code, all streets shall
hereinafter be referred to as "Park Street System" and shall be
maintained by the owner/owners, or dedicated to County.
b. Primary Entrance Road -- The primary entrance road connecting the
Park System with a public street or road shall have a minimum road
pavement width of 36 feet where guest parking is permitted at both
sides, or a minimum road pavement width of 30 feet where parking is
limited to one side. Where the primary entrance road is more than
100 feet long and does not provide access to abutting property
within such distance, the minimum road width may be 35 feet provided
parking is prohibited at both sides.
c. Secondary Entrance Road -- In addition to the required primary
entrance road, all parks containing 25 or more acres in total area
and/or provide of 200 or more mobile homes, shall have at least one
secondary entrance road connecting the Park Street System with a
public street or road. Such a secondary road or roads shall have a
minimum pavement width of 25 feet. Where primary and secondary
entrance roads connect to the same public street or road, there
shall be a minimum separation of 150 feet between such access points.
Where this is not feasible or possible, clearly marked one-way
entrance and exit lanes with at least a 15-foot wide median strip
are acceptable provided the pavement width of each one-way road is
at least 25 feet.
d. Interior Streets -- All interior streets in the Park Street System
shall have a minimum pavement width of 25 feet on a 27-foot
right-of-way with parking prohibited on both sides. Dead-end streets
shall be limited in length to 500 feet and shall be provided at the
closed end with a turnaround having an outside roadway diameter of
at least 120 feet. One-way minor streets shall be acceptable only if
less than 500 feet long and serving less than 25 mobile homes.
11. Street Construction and Design Standards
a. Pavement Materials -- All streets shall be provided with a
bituminous road mix, Earth material type, minimum of four (4) inches.
b. Pavement Design -- Primary and secondary entrance roads as well as
all interior streets shall have a standard cross-section with rolled
curbs and gutters.
c. Grades -- Grades of all streets shall be sufficient to insure
adequate surface drainage, but shall not be more than 8 percent nor
less than 0.5 percent. Short runs with a maximum grade of 12 percent
may be permitted provided traffic safety is assured by appropriate
paving, adequate leveling areas, and avoidance of lateral curves.
d. Intersections -- Within 100 feet of an intersection, streets shall
be at approximately right angles. A distance of at least 150 feet
shall be maintained between center lines of offset intersection
streets. Intersections of more than two streets at one point shall
be avoided.
12. Required Off-Street Parking
Off street parking shall be provided in all parks for the use of
park occupants and guests. Such areas shall be furnished at the
rate of at least two car spaces for each mobile home. Parking bays
shall be so located as to provide convenient access to mobile home
spaces.
13. Pedestrian Access
a. General Recommendations -- All parks shall provide safe, convenient
4-inch Portland Cement Concrete pedestrian access between individual
mobile homes (said thickness shall be increased to 5 inches at
driveways), the Park Street System and all community facilities
provided for park residents. For the purposes of this ordinance,
all common walks providing such pedestrian access shall hereinafter
be referred to as the Common Walk System.
b. Individual Walks -- All mobile homes shall be connected with the
Common Walk System and the Park Street System be one or more
individual walks on each mobile home space. Such individual walks
shall have a minimum width of 2 feet.
c. Common Walk System -- A common walk system, 4 feet wide shall be
provided in every park for pedestrian access between each mobile home
space and all required open areas, community structures, and
facilities.
14. Required Illumination of Park Street Systems
All parks shall be furnished with sufficient electrical systems and
lighting units including gas lights at the owner's expense, so spaced
and equipped with luminaires placed at such mounting heights as will
provide the following average maintained levels of illumination for
the safe movements of pedestrians and vehicles at night.
a. All parts of the Park Street Systems: 0.4-foot candle with a minimum
of 0.3-foot candle.
b. Potentially hazardous locations such as major street intersections
and steps, or stepped ramps individually illuminated with a minimum
of 0.4-foot candle.
15. Existing Mobile Home Parks
Any Mobile Home Park which existed upon the effective date of the
ordinance shall be regarded as a nonconforming use and may be
continued, except that any change in layout, expansion, or extension
shall be subject to all provisions of the Mobile Home Park Ordinance
and the State Board of Health.
SECTION 11 -- WATER SUPPLY
1. GENERAL REQUIREMENTS
Every park shall have a water supply system capable of providing a
sufficient supply of potable water under adequate pressure to water
supply facilities for mobile homes, service buildings, fire hydrants,
drinking fountains, and other accessory facilities, as required by
this code for the well-being of park residents, and for park
maintenance. Such system shall be designed, constructed and
maintained in accordance with the state standards of Illinois
Department of Health and/or standards currently enforced by local
departments.
2. Source of Supply
a. Where a public water supply system is available, the park water
supply system shall be connected thereto. A public water supply
system shall be deemed available when such system is within 500 feet
of the park measured along a street or other public easement, and a
connection may be made lawfully thereto. No private water supply
system shall be cross-connected with any public water supply system.
b. Where public water supply source is available, the park's source of
water supply including the construction, equipment, and distribution
system for withdrawing and/or processing and distributing water shall
be approved by the Board of Health and other authorities having
jurisdiction. The chemical and bacteriological quality of the potable
water distributed in any park including water treatment processes
employed shall conform to the standards established by the health
authority having jurisdiction.
c. The water sources shall be capable of producing an adequate volume of
water to supply all mobile home spaces in any park, but in no case
shall such capacity be less than 150 gallons per space per day in any
mobile home park.
d. Where an independent or nonpublic water system is used to serve the
mobile home park with water obtained from wells, the well shall be
located and constructed in such a manner that neither underground
nor surface contamination will reach the water supply from any source.
A minimum distance of 100 feet shall be maintained between the water
supply and any other possible source of contamination, except that
sewers or pipes through which sewage may backup shall be located at
least 50 feet from any well or water-suction pipeline.
e. No well casings, pumps, pumping machinery or suction pipes shall be
located in any pit, room, or space extending below ground level, nor
in any room or space above ground which is walled in or otherwise
enclosed, unless such rooms, whether above or below ground, have
free drainage by gravity to the surface of the ground. The floor or
rooms above ground shall be at least 6 inches above the ground's
surface. All floors shall be watertight and sloped from the well
casing to the drain. Said well casing shall not be less than 12
inches from the floor.
3. Water Storage Facilities
All water storage reservoirs shall be water tight and constructed of
impervious material; all overflows and vents or such reservoirs shall
be effectively screened. Open reservoirs are prohibited. Manholes
shall be constructed with overlapping covers so as to prevent the
entrance of contaminated material, and so designed that they may be
locked. All of the overflow pipes from a reservoir shall be connected
with back-siphonage protection to any pipe in which polluted water
may backup.
4. Water Distribution System
a. The water distribution system shall be constructed of piping,
fixtures and other equipment of approved materials and shall be so
designed and maintained to provide a pressure of not less than 20
pounds per square inch, under normal operating conditions, at each
mobile home, service building, and other locations requiring potable
water supply. Such piping shall not be interconnected or cross-connected
with any drainage, venting, or other system conveying nonpotable
water. Nor shall such piping be subject to hazards of backflow or
any back-siphonage.
b. The public water supply shall extend only to the mobile home park.
Single mobile home lots will not be metered.
5. Individual Water Connections
a. Individual water service connections shall be provided at each
mobile home lot in the mobile home park. All Water service connections
shall be watertight and located at a minimum distance of 10 feet from
sanitary sewer connections below grounded. The minimum pipe size of
connections shall be three-quarter inch. Outlets shall be so
constructed as to be free of possible contamination from surface
drainage and possible damage during installation of a mobile home,
and shall be 4 inches above grade.
b. Adequate provisions shall be made to prevent freezing of service lines,
valves, and riser pipe, and to protect risers form heaving and thawing
actions of ground during freezing weather.
c. Underground stop and waste cocks shall not be installed on any
connection.
6. Required Water Supply for Fire Protection
Where a public water supply system with a water main of 4 inches or
larger is available, all parks accommodating or designed to
accommodate 10 or more mobile homes, or both, shall provide the
following water supply facilities.
a. The system shall permit the operation of a minimum of two 1-½ inch
hose streams on a fire in any mobile home, service building, or
other accessory structure in the park.
b. Hydrants shall be located within 600 feet of such structures and
shall be of a type prescribed by the municipality.
c. Water supply and associated facilities shall be sufficient to provide
a delivery of at least 75 gallons per minute at each of the two nozzles
held 4 feet above the ground, at a flowing pressure of at least 30 pounds
per square inch when measured at the highest elevation in the park.
SECTION 12 -- SEWAGE AND REFUSE DISPOSAL
All sewage and other water-carried waste shall be disposed of into a common
sewage system. All provided sewage systems shall be constructed in conformity
with all laws of the state of Illinois, regulation of any department,
division or board of the state of Illinois, and any ordinance of the
municipality relative thereto.
Each trailer or mobile home site shall be provided with a sewer connection
for the combined liquid waste outlet or outlets of each mobile home. It
shall be the duty of the owner or operator of said mobile home park to
provide an approved type of water and odor-tight connection and keep all
occupied mobile homes connected to said sewer while located in a mobile home
park. Sewer connections in unoccupied mobile home sites shall be so closed
that they will emit no odors or cause a breeding place for flies. No water
or waste shall be allowed to fall on the ground from a mobile home.
A sufficient number of adequate fly-proof and water tight containers shall
be supplied for the storage of garbage.
1. Garbage containers shall be emptied at least one each week and shall
not be filled to overflowing, or allowed to become foul smelling, or
a breeding place for flies.
2. Garbage and rubbish shall be disposed of in a manner which creates
neither a nuisance nor a menace to health and which is approved by
the Zoning Administrator.
3. Adequate insect and rodent control measurers shall be employed. All
buildings shall be fly- and rodent-proof and rodent harborages shall
not be permitted to exist in the park.
SECTION 13 -- ELECTRICAL DISTRIBUTION SYSTEM
General Requirements
Every park shall contain an electrical wiring system consisting of approved
wiring, fixtures, and equipment, and appurtenances shall be installed an
maintained in accordance with applicable codes and regulations governing
such system. All parts of the Park Electrical Distribution System shall
conform with approved standards for safety to life and property and with
accepted engineering practices.. All electric wires shall be underground.
SECTION 14 -- FUEL SUPPLY AND STORAGE
1. Natural Gas System
Natural gas piping systems in all parks shall be installed and
maintained in conformity with accepted engineering practices and
the rules and regulations of the authority having jurisdiction.
2. Fuel Oil Supply System
All fuel oil supply systems provided for mobile homes, service
buildings, and other structures shall be installed and maintained in
conformity with the rules and regulations of the authority having
jurisdiction. Fuel oil systems underground shall be located at a
minimum of 10 feet horizontally from water lines, and at necessary
crossing shall be placed in substantial pipe sleeves extending 10
feet from each side of the water pipe.
SECTION 15 -- FIRE PROTECTION
1. General Requirements
The mobile home park area shall be subject to the rules and
regulations of the Fire Protection District in which it located.
2. Location of Fire Hydrants
Where a public water system with water main of 6 inches of larger is
available to the mobile home park, standard fire hydrants shall be
located within 600 feet of each mobile home or building.
3. Fire extinguishers shall be encouraged to be included in each mobile
home unit. Fire extinguishers of a type approved by the State Fire
Marshall for use at mobile home parks shall be placed at locations
within 200 feet of each individual mobile home site. Each fire
extinguisher shall be periodically examined and kept at all times
in a condition for use.
SECTION 16 -- ALTERATIONS, ADDITIONS, ANCHORAGE, AND OCCUPANCY
1. General Requirements
All building, plumbing, heating, air-conditioning, and electrical
alterations or repairs in mobile home parks and individual mobile
homes shall be made in accordance with applicable local regulations.
2. Permanent Additions
No permanent additions shall be built onto or become a part of any
mobile home until first securing a zoning permit and building permit,
and unless they are in accordance with requirements established by
the Zoning Administrator and shall have all interior and exterior
surfaces finished with fire-resistant sheeting or roofing.
3. Foundation Runway
Each mobile home site shall have two concrete runways for the mobile
home to set upon. Each of said runways shall be 2 feet in width, and
the distance between the center lines of the two runways situated on
each mobile home site shall be at least 4-½ feet.
4. Anchorage of Mobile Home Units
All mobile homes shall be anchored in an approved manner at each
corner of the structure to gain maximum protection against high
velocity winds. In addition, all mobile home units shall be
installed with approved skirting.
5. Separate Storage Structures
Small storage structures are permissible within 10 feet of trailers
provided they are:
a. not larger than approximately 8 feet by 10 feet in floor play by 6
feet in height;
b. constructed entirely of fireproof materials such as sheet metal;
c. capable of being completely and easily disassembled and are readily
portable;
d. used only for storage purposes;
e. not attached to a trailer or used as an auxiliary room, or otherwise
used for dwelling or living purposes, and
f. so constructed and maintained that a rat harborage is not created.
6. Small storage cupboards, if neatly and substantially constructed,
shall also be considered permissible within 10 feet of trailers,
even when constructed of nonfireproof materials, provided they are:
a. serviced without walking into the structure;
b. equipped with shelves so arranged as to prevent a person stepping or
walking into the structure;
c. horizontal depth of structure not greater than approximately 30
inches (average adult arm length) in order that the rear portion of
shelves can be serviced from a position outside the structure;
d. do not create a rat harborage; and
e. placed no closer than 50 feet from any street.
7. Occupancy of Mobile Homes
Occupancy of the mobile home shall be limited to the design capacity
of the mobile a home.
SECTION 17 -- ORDINANCE APPLICATION
Nothing in this ordinance shall be construed to include the State Parks of
Illinois, and the term "Mobile Home Park" shall not be construed to include
buildings, tents, or other structures maintained by any individual or company
on their own premises and used exclusively to house their own farm labor; or
any military establishment of the United States or of this state wherein a
mobile home(s) may be located or harbored; or any park on state or county
fairgrounds for a period during, immediately prior to, and immediately
subsequent to the holding of the fair, not to exceed a total of two weeks in
all; or the area or premises on any farm upon which are harbored mobile homes
occupied by persons employed upon such farm for not more than 90 days in any
calendar year in the production, harvesting, or processing of agricultural or
horticultural products on such farm.
SECTION 18 -- VIOLATIONS
Whoever violates any provision of this ordinance shall be fined not more
than $100 or imprisoned for a period not to exceed 90 days or by both such
fine and imprisonment. Each day's violation shall constitute a separate
offense.
SECTION 19 -- ANNUAL INSPECTION
The Zoning Administrator shall enforce the provisions of this ordinance and
the Zoning Administrator shall inspect, at least once each year, each mobile
home park and all the accommodations and facilities therewith. The Zoning
Administrator is hereby granted the power and authority to enter upon the
premises of such mobile home parks at any time for the purposes herein set
forth.
SECTION 20 -- APPEALS
Any person refused a license or a permit to construct or alter a mobile home
park, or whose license is suspended or revoked shall have the right to a
hearing before the Zoning Board of Appeals which shall have full power to
conduct such hearing, issue subpoenas, administer oaths and affirmations and
all other powers necessary to such hearing.
1. All hearings before the Zoning Board of Appeals shall be open to the
public.
2. The Zoning Board of Appeals shall keep minutes of the proceedings
show its determination and shall also keep records of its other
official actions.
3. No hearing shall be held before the Zoning Board of Appeals until
notice of the time and place of the hearing have been published in a
newspaper of general circulation in the municipality at least 15 days
prior to the hearing date, said notice to contain the particular
location of the mobile home park and a brief statement as to the
reason the hearing is being held.
SECTION 21 -- VALIDITY
If any one or more of the provisions of this ordinance is declared
unconstitutional or the application thereof is held invalid, the validity of
the remainder of the ordinance and the application of such provision to
other persons and circumstances shall not be affected thereby.
SECTION 22 -- EFFECTIVE
All ordinances or resolutions in conflict with this ordinance are hereby
repealed.
This ordinance shall be in full force and effect from and after its passage
and publication, according to law.
APPROVED THIS 10 DAY OF JUNE 1975.
MAP INDEX
Mason County, Illinois
Map No. 1 Quiver Township
Map No. 2 ...Forest City Township
Map No. 3 ....Manito Township
Map No. 4 ..Havana Township
Map No. 5 .Sherman Township
Map No. 6 ....Pennsylvania Township
Map No. 7 Allens Grove Township
Map No. 8 ...Lynchburg Township
Map No. 9 ...Bath Township
Map No. 10 ...Kilbourne Township
Map No. 11 ..Crane Creek Township
Map No. 12 ..Salt Creek Township
Map No. 13 Mason City Township
Map No. 14 .Bath
Map No. 15 ...Kilbourne
Map No. 16 .Topeka
Map No. 17 ..Forest City
Map No. 18 ..Manito
Map No. 19 ..Easton
Map No. 20 Mason City
Map No. 21 ....San Jose
Map No. 22 ...Matanzas Beach Quiver Lake Area
Map No. 23 .Goofy Ridge Snicarte Island Area
Map No. 24 ....Snicarte Buzzville Teheran Natrona
Map No. 25 ...Bishop
Beuscher, J. H., and others
Created 05-05-97 by Robb RoperLast updated 05-05-97
Zoning Officers Page