This Code shall be known and cited as the Monroe County, Illinois Zoning Code. (See 55 ILCS 5/5-12001)
[Ord. No. 06-04, 4-17-2006]
It is the intent and purpose of this Zoning Code to assist in the achievement of balanced development within the County. The County requires an approach to the use, administration and enforcement of development regulations that protects existing property owners in equity and social experience; that recognizes developers' problems, yet, maintains high development standards; and that produces development resulting in balanced growth. When reviewing parcels for rezoning and approving plats, the County shall consider: impact to and suitability of the roadway system abutting and accessing the property, availability to provide public utilities and emergency services, impact on adjacent properties and the area in general, effect on watersheds and stormwater volumes, encouragement of additional development area, general terrain and geology of the area, and effect on general purposes of the Comprehensive Plan. Roadway suitability issues to be addressed include the number of proposed accesses, sight distance, roadway width, surface condition and geometric deficiencies. The assessment shall be taken into consideration when making recommendations to the County Board. All reviews shall be on a case-by-case basis. This Zoning Code, in regulating and guiding the use of land is designed to:
(A)
Promote and protect the public health, safety, morals, comfort and general welfare of the people;
(B)
Fix reasonable standards to which buildings or structures shall conform;
(C)
Encourage the development and arrangement of land uses and structures that will yield the greatest social and economic benefits for County citizens;
(D)
Provide adequate light, air, privacy and safe convenient access to property;
(E)
Lessen and avoid congestion in the public streets and highways;
(F)
Prohibit uses, buildings or structures incompatible with the character of such districts respectively;
(G)
Establish minimum requirements and standards for development and redevelopment within the area of the County's jurisdiction to achieve reasonable initial costs and to reduce future maintenance costs of public and private improvements and services;
(H)
Serve as an implementation tool of comprehensive planning;
(I)
Conserve the values of property throughout the County and to protect the character and stability of agricultural, residential, business, and industrial areas, and to promote the orderly and beneficial development of such areas; and
(J)
Provide for the elimination of incompatible and nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district.
This entire Code shall be applicable throughout the unincorporated portion of the County. Moreover, the articles of this Code pertaining to zoning shall be applicable within the corporate limits of municipalities which have not adopted their own Zoning Code.
Every provision of this Code shall be construed liberally in favor of the County, and every requirement imposed in this Code shall be deemed minimal. Whenever the requirements of this Code differ from the requirements of any other lawfully adopted ordinance, regulation, deed restriction, or covenant, the more stringent requirement shall prevail.
This Code does not abrogate any building permit, certificate of occupancy, variance, license, or other lawful permit issued prior to the effective date of this Code. However, all prior conditions attached to any building permit, certificate of occupancy, variance, license, or other lawful permit shall continue to apply.
(A)
Except as may be provided by statute or ordinance, no officer, board member, agent, or employee of the County shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this Code.
(B)
Any suit brought against any officer, board member, agent, or employee of the County, as a result of any act required or permitted in the discharge of his duties under this Code, shall be defended by the State's Attorney until the final determination of the legal proceedings.
(See 745 ILCS 10/1-101)
The original Zoning Code was passed by the Monroe County Board of Commissioners and became effective July 7, 1969.
The latest Revised Zoning Code shall take effect ten (10) days after it is adopted as provided by law.
(See 55 ILCS 5/5-12-007)
In construing the intended meaning of terminology used in this Code, the following rules shall be observed:
(B)
Words denoting the masculine gender shall be deemed to include the feminine and neuter genders;
(C)
Words used in the present tense shall include the future tense;
(D)
Words used in the singular number shall include the plural number, and the plural the singular;
(E)
The term "shall" is mandatory; the term "may" is discretionary;
(F)
The term "the County" shall mean Monroe County, Illinois;
(G)
The words "lot," "parcel," "tract," and "site" shall be synonymous;
(H)
The words "extend," "enlarge," and "expand" shall be synonymous;
(I)
The words "abutting," "adjacent," and "contiguous" shall be synonymous;
(J)
References to sections shall be deemed to include all subsections within that section; but a reference to a particular subsection designates only that subsection;
(K)
A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited; and
(L)
The words "Code" and "Ordinance" shall be synonymous.
[Ord. No. 03-04, 3-17-2003; Ord. No. 06-04, 4-17-2006; Ord. No. 11-02, 3-7-2011; Ord. No. 12-10, 11-5-2012]
(Definitions in bold are applicable to solar energy)
An action to give up one's rights or interests to property.
Having a common lot line or district line.
A curb cut, ramp, driveway or other means for providing vehicular access to an off-street parking or loading area.
Any structure or use that is:
See Zoning Administrator.
Any adult bookstores, adult entertainment cabarets, adult motion-picture theaters, adult novelty stores, and other similar uses as defined in Ordinance No. 99-16 of this County.
Any one or any combination of the following: the growing of farm or truck garden crops, dairying, pasturage, horticulture, apiculture, aquaculture, floriculture, viticulture, or animal/poultry husbandry. The term "agriculture" encompasses the farmhouse, and accessory uses and structures customarily incidental to agriculture activities conducted on the premises.
A public access way which affords a secondary means of vehicular access to the side or rear of premises that front on a nearby street.
To change in size, shape, or use of a structure.
A change in the provision of this Code (including those portions incorporated by reference), properly effected in accordance with State law and the procedures set forth herein.
Any approved device designed to be implanted in the ground and to which the mobile home tie-down equipment is attached so as to prevent the home from shifting or toppling over as a result of high winds.
The species of fowl, ovine, caprine, bovine, porcine, equine, that have been domesticated for agricultural purposes.
Any building or portion thereof designed or used for the care, observation, or treatment of domestic animals.
A facility, which may include buildings and/or structures, where non-domesticated animals are given short term medical care by qualified persons prior to their release in the wild.
Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
A suite of rooms or a room in a building arranged and intended for a place of residence of a single-family or a group of individuals living together as a single housekeeping unit.
A procedure whereby any person aggrieved by any decision or order of the Administrator in any matter related to the interpretation or enforcement of this Code may seek relief under the procedure contained herein.
The entity or person who has submitted an application for a Special Use Permit for a WECS project, commonly known as a Wind Farm; or for a solar project.
The entire area within the lot lines of the property proposed for subdivision/development, including any areas to be dedicated/reserved for street and alley rights-of-way and for public uses.
The entire area within the boundary lines of the tract proposed for subdivision, less the area to be dedicated for street and alley rights-of-way and/or public purposes.
Any portion of the territory of this County designated by Monroe County where, due to the special needs/characteristics of such area, a special street graphic sign or permit is required to erect a new street graphic or to alter, enlarge, relocate, or reconstruct any existing street graphic.
Multiple solar panels designed to work together to generate more power than a single panel.
As applied to buildings, attached means having a common wall and/or common roof.
A room, hall, or building made a part of a church, theater, school, recreation building or other building assigned to the gathering of people as an audience, to hear lectures, plays, and other presentations.
The use of any building, land area or other premise, for the display and sale of new or used automobiles, panel trucks or vans, trailers or recreational vehicles, including any warranty repair work or other repair service conducted as an accessory use.
An open area, other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done except for minor incidental repair of automobiles or trailers to be displayed and sold on the premises.
The use of any building, land area or other premise for the sale and installation of parts such as tires, batteries, mufflers, and brakes; routine maintenance such as oil change and lubrication; or other incidental repair; but excludes the outdoor storage of damaged vehicles.
Any place where three (3) or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being immediately restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and are not being immediately restored to operating condition; and including the commercial salvaging of any other vehicles, goods, articles or merchandise.
Any roof-like structure made of cloth, metal, or other material attached to a building and erected over a window, doorway, etc. in such a manner as to permit its being raised or retracted to a position against the building when not in use.
Any sign of light weight fabric or similar material that is mounted to a pole or a building by a frame at one or more edges. National flags, state or municipal flags or the official flag of any institution or business shall not be considered banners.
A story having one-half (1/2) or more of its height below the average level of the adjoining ground.
Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.
An operator occupied residence providing accommodations for a charge to the public with no more than five (5) guest rooms for rent, in operation for more than ten (10) nights in a twelve (12) month period. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses, or food service establishments. They shall comply with all State and County Health Codes.
OPERATOR
Shall mean the owner of the bed and breakfast establishment, or the owner's agent, who is required by this Act to reside in the bed and breakfast establishment, or on contiguous property.
GUEST ROOM
Shall mean a sleeping room intended to serve no more than two (2) transient guests per night.
Any single or double-faced street graphic that is permanently fixed or placed on particular premises and that is used for the display of messages or advertising not associated with the establishment located on said premises. A billboard typically has provision for changing the message/advertising thereon.
An area of land entirely bounded by streets, highways, barriers, or ways (except alleys, pedestrian ways, or exterior boundaries of a subdivision unless exterior boundary is a street, highway, or way), or bounded by a combination of streets, public parks, cemeteries, railroad rights-of-way, waterways, or corporate boundary lines.
The Board of Appeals of Monroe County, Illinois.
A residential building or portion thereof–other than a motel or hotel–containing lodging rooms for accommodations of three (3) to ten (10) persons who are not members of the keeper's family, and where lodging or meals or both are provided by prearrangement and for definite periods, but not on an overnight or per-meal basis to the transient public.
An area of land, undeveloped except for landscaping, fences, etc., used to protect a use situated on one lot from the deleterious effects of the use on the adjacent lot.
Any covered structure permanently affixed to land and designed or used to shelter persons or chattels.
The vertical distance measured from the average grade at the front wall of a building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to mean height level between eaves and ridge for gable, hip, or gambrel roofs. Chimneys, towers, cooling towers, and similar projections (other than signs) shall not be included in calculating building height.
The line nearest the front of and across a lot, delineating the minimum open space required between the front of a structure and the street right-of-way.
Any one or more combination of the following structural or site design characteristics:
See “commercial message.”
A roof-like structure similar to an awning, except that it cannot be raised or retracted to a position against the building.
A roof-like structure similar to an awning, except that it cannot be raised or retracted to a position against the building. A marquee is not a canopy.
A permit issued by the Administrator indicating that a newly completed structure complies with all pertinent requirements of this Code and may, therefore, be occupied or used.
A permit issued by the Administrator indicating that proposed construction work is in conformity with the requirements of this Code and may, therefore, proceed.
A sign which has provision for changing the message thereon either manually or electronically, without altering the face or surface of the sign. A sign on which the message changes more than eight (8) times per day shall be considered an animated sign and not a changeable copy sign for purposes of this Code. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a “time and temperature” portion of a sign and not a changeable copy sign for purposes of this Code.
A building wherein persons regularly assemble for religious worship which is used only for such purpose and those accessory activities as are customarily associated therewith.
A unique classification for areas that either have been determined by the Illinois Pollution Control Board to be “demonstrably unique…or…vital for a particularly sensitive ecological system…or…groundwater that contributes to a dedicated nature preserve…” (Ill. Admin. Code 620.230). In addition to lands dedicated as Nature Preserves, groundwater recharge basins or known cave systems in Monroe County also are designated as Class III Special Resource Groundwater resources.
An establishment wherein licensed physicians or dentists practice medicine or dentistry, but where overnight lodging for sick or injured persons is not provided.
A nonprofit association of persons who are bona fide members organized for some purpose(s) and paying regular dues and whose facilities are restricted to members and their guests; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
A structure containing less than nine hundred (900) square feet which is occupied less than ninety (90) days within a calendar year. All clubhouse wastewater systems must be approved by the Monroe County Health Department.
The apparatus that connects with the electrical collection system of the WECS and increases the voltage for connection with the utility’s transmission line or high-voltage electric transmission grid.
A structure or enclosed area used for feeding cattle, hogs or other livestock (not including poultry or fowl) in lots of one hundred (100) animal units or more and not otherwise connected with a farming operation.
Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.
A structure or enclosed area used for feeding and raising poultry or fowl in excess of five hundred (500) domestic fowl and not otherwise connected with a farming operation.
Any use or establishment wherein goods are purchased or sold, whether to the consuming public (retail) or the other business (wholesale).
The plan or any portion thereof adopted by this County to guide and coordinate the physical and economic development of the County. The comprehensive plan includes, but is not limited to, plans and programs regarding the location, character, and extent of highways; bridges; public buildings or uses; utilities; schools; residential, commercial, or industrial land uses; parks; drainage facilities; etc.
In compliance with the applicable provisions of this Code.
A person(s) who provide expert advice and/or studies of a professional or specialized nature. Consultants who are members of professions that generally require licensing or certifications, are to be licensed in the State of Illinois.
Any small retail commercial or service establishment offering goods/services primarily to the residents of a particular multiple-family complex, mobile home park, or similar development.
As applied to a dwelling or residential development, conventional means built on-site largely piece-by-piece and attached to a permanent foundation in accordance with the adopted Building Code.
A legally binding order to effect compliance with this ordinance, issued by the Administrator in accordance with the procedures set forth herein.
Monroe County, Illinois.
The County Board of Monroe County, Illinois.
Generally, the County Superintendent of Highways; but in certain instances, another licensed professional engineer designated by the County Board to perform specified professional engineering services for the County.
Designated as a Federal-Aid Secondary road, maintained by the County Highway Department.
Any premises where five (5) or more dairy animals are kept, milked and maintained; the term "dairy animal" meaning either cows or goats.
See “Nursery School.”
The total number of dwelling units divided by the total project area.
The total number of dwelling units divided by the total amount of residential acreage, not including the area for street and alley rights-of-way or public uses.
As applied to buildings, detached means surrounded by yards on the same lot as the building.
Refers to both lot depth and width.
Means of communication for directing persons to desired destinations. No advertising shall be permitted on any directional sign.
A portion of the territory of the County outside the limits of cities, villages and incorporated towns which have in effect, municipal zoning ordinances within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Code.
A watercourse, gully, dry stream, or ditch which naturally carries stormwater runoff or which is fed by street or building gutters or by stormwater sewers.
An establishment principally used for the sale of fast order food. Fast order food means food that is:
A tract of land developed with facilities for projecting motion pictures on an outdoor screen for viewing from the patrons' automobiles parked on the premises.
A minor way commonly providing vehicular access to a garage or off-street parking area.
A building or portion thereof designed or used primarily as living quarters for one (1) or more families, but not including hotels, motels, or other accommodations for the transient public.
A building or portion thereof containing three (3) or more dwelling units.
A dwelling whose walls on one (1) or two (2) sides are in common with the walls of adjoining dwellings and are party or lot line walls.
A detached dwelling containing one (1) dwelling unit and intended for the occupancy of one (1) family.
A dwelling containing two (2) dwelling units.
One (1) or more rooms designed or used as living quarters by one (1) family. A dwelling unit always includes a bathroom and a kitchen.
A right to use another person's property, but only for a limited and specifically-named purpose.
As applied to a building, "enclosed" means covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior walls or by common walls, with openings only for windows and doors.
To increase the size (floor area, height, etc.) of an existing principal structure or accessory use, or to devote more land to an existing use.
To build, construct.
Either of the following:
An institutional, business, commercial, or industrial activity that is the sole occupant of one (1) or more buildings; or
An institutional, business, commercial, or industrial activity that occupies a portion of a building such that:
The activity is a logical and separate entity from the other activities within the building and not a department of the whole; and
The activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.
Shall mean a licensed facility that hosts activities such as wedding receptions, company parties, birthday celebrations and the like. It may have a liquor license shall be compliant with the applicable zone district regulations. The center shall comply with all adopted building and fire codes.
Actually constructed, under permit to be constructed, or in operation on the effective date of this Code.
Either:
A single individual living upon the premises as a separate housekeeping unit; or
A collective body of persons living together upon the premises as a single housekeeping unit in a domestic relationship based upon birth, marriage, or adoption; or
A group of not more than five (5) unrelated persons living together on the premises as a single housekeeping unit pursuant to a mutual housekeeping agreement (not including a group occupying a boarding or rooming house, club, fraternity, or hotel).
(See also Agriculture.) A farm is a parcel of land or an aggregate of adjoining parcels containing not less than forty (40) acres, in common ownership, that is used principally for the commercial, soil dependent cultivation of agricultural crop production and/or for the raising of livestock.
The operator of a farm spending fifty percent (50%) or more of his/her work time annually in farming or ranching. Land rented to or otherwise assigned to a tenant for operation shall be considered as the operation of the tenant, not the owner.
The dwelling(s) of the owner, farm operator or full-time farm employees of the farmer. Buildings occupied as residences by those not engaged in agricultural operations shall not be considered to be used for agricultural purposes.
Reasonable assurance from a creditworthy party, examples of which include surety bond, cash escrow, or irrevocable letter of credit.
The flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood is also known as the one hundred (100) year flood.
The elevation in relation to Mean Sea Level of the crest of the base flood.
A general and temporary condition of partial or complete inundation of normally dry land areas from:
The area included within outside walls of a building, including habitable penthouses and attic space, but not including vent shafts, courts or uninhabitable areas below ground level or in attics.
The ratio of total floor area, in square feet, of all buildings on a lot or parcel to total lot area in square feet.
Any sign attached to or erected against any wall, awning, canopy, or marquee with the exposed face of said sign in a place approximately parallel to the plane of the wall, etc. and not projecting more than twelve (12) inches. Such signs shall not be painted directly on any exterior wall.
Any sign supported by one or more uprights, poles, or braces placed in or upon the ground in a permanent manner, independent from any building or other structure.
The lineal extent of the lot abutting a street or public roadway, or the lineal extent of the lot abutting a public parking area if the lot has no street frontage.
A building or portion thereof for the storage of one (1) or more motor vehicles for persons living on the premises.
A building or portion thereof used by the public for the storage or parking of motor vehicles for compensation or otherwise.
Any building, premise or land in which or upon which a business, service, or industry principally engaged in the repair of vehicles for compensation or otherwise; which may include engine replacement and rebuilding; body, frame, or fender straightening; and painting of vehicles.
See “Service Station.”
As used herein, the term "gone on record" means officially adopted by the legislative body of a municipality, township, County, State, or other governmental entity; or officially adopted by a department of the State (e.g., IDOT). Generally, materials which are on record may be found in the Office of the Recorder of Deeds, but certain other legal materials such as State Regulations or municipal ordinances which cannot be found in the Recorder of Deeds Office shall nonetheless be deemed on record.
The degree of inclination of the site or right-of-way, expressed as a percentage. Synonym of slope.
See “nursery.”
A solar energy system mounted on a rack or pole that rests or is attached to the ground. Ground-mount systems can be either accessory or principal uses.
A situation in which the strict application of the provisions of this Code will result in a condition which is difficult for the person(s) so affected by the provisions to endure, and is not caused by actions of such person(s).
Any business, profession, or occupation conducted for gain entirely within a dwelling or on residential premises in conformity with the provisions of this Code.
Any building or portion thereof used for diagnosis, treatment, and care of human ailments, including sanitariums, but not including clinics, rest homes, convalescent homes or nursing homes.
A building designed or used for occupancy normally as the temporary lodging place of individuals, having at least six (6) guest rooms; where a general kitchen and dining room may be provided but where there are no cooking facilities in any guest room.
To permanently remove the wheels, tongue, and hitch from a mobile home, and to place any mobile home on a permanent foundation.
Site grading or any street, curb and gutter, sidewalk drainage ditch, sewer, catch basin, newly-planted tree, off-street parking area, or other facility necessary for the general use of property owners in a subdivision.
To increase the level or degree of.
Means any highway, including a tollway, designated by the Illinois Department of Transportation and approved by the United States Department of Transportation as a part of the national system of interstate and defense highways.
A tract of land, including any accessory structures thereon, that is used for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste or scrap materials. Such scrap materials include vehicles, machinery, and equipment not in operable condition (or parts thereof), and metals, glass, paper, plastics, rags, and rubber tires. A lot on which three (3) or more inoperable vehicles are stored shall be deemed a junk yard. A junk yard includes an automobile wrecking yard.
An internationally used term as defined by geologists: karst terrane refers to a fault-bounded area or region with a distinctive stratigraphy, structure, and geological history, generally underlain by limestone…in which the topography is chiefly formed by dissolving of rock, and which may be characterized by sinkholes, sinking streams, closed depressions, subterranean drainage, and caves.
The area of southwest Illinois, principally within Monroe, Randolph, and St. Clair Counties, the Illinois sinkhole plain contains the highest concentration of karst features in the state. The bedrock geology is Mississippian-age limestone with an overburden of loess and glacial till soil averaging less than twenty-six and one-quarter (26.25) feet thickness. Thin soils, presence of numerous solution-enlarged crevices in the limestone bedrock, collapse of soil into the crevices, create large numbers of cover-collapse sinkholes. In Monroe County, greatest sinkhole density is in areas of known and suspected cave systems.
Any building, lot or structure used or intended to be used for the housing of dogs or domesticated animals over four (4) months of age, not including domesticated livestock. Commercial activities may include but need not be limited to, public boarding, wholesaling of dogs or domesticated animals and the sale of items or products related to dogs or domesticated animal care.
Any building, lot or structure used or intended to be used for the housing of dogs or domesticated animals, not including domesticated livestock. All dogs or domesticated animals kept must be owned or co-owned or under contract to the owner or lessor of the site.
The long-range plan for the desirable use of land in the County or municipalities as officially adopted and as amended from time to time by the County Board or appropriate corporate authority (see “Comprehensive Plan”).
A person/persons or entity holding title to a tract of land.
A utility scale commercial facility that converts sunlight to electricity, whether by photovoltaics, concentrating solar thermal devices, or various experimental technologies for onsite or offsite use with the primary purpose of selling wholesale or retail generated electricity.
LAUNDROMAT
A business that provides home-type washing, drying and ironing machines for hire to be used by the customers on the premises.
COMMERCIAL INDUSTRIAL LAUNDRY
A business that provides washing, drying and ironing services operated by the employees on the premises.
An off-street space used for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
A tract of land intended as a unit for the purpose (whether immediate or future) of transfer of ownership or development. A lot may or may not coincide with a lot of record.
The area of a horizontal plane bounded by the front, side, and rear lines of a lot.
A lot having at least two (2) adjacent sides that abut for their full length upon streets. Both such side lines shall be deemed front lot lines.
The portion of a lot that is occupied by buildings or structures, including accessory buildings or structures.
The average horizontal distance between the front lot line and the rear lot line of a lot.
The lot boundary abutting the street.
An interior lot line which is most distant from and most nearly parallel to the front lot line.
Any boundary of a lot which is not a front lot line or a rear lot line.
An area of land designated as a lot on a plat of subdivision recorded with the Recorder of Deeds of Monroe County, Illinois, in accordance with State Law.
Refers to the lot area, width, and depth requirements of the applicable district.
A lot having a pair of approximately parallel lot line that abut two (2) approximately parallel streets. Both such lot lines shall be deemed front lot lines.
The mean horizontal width of a lot measured at right angles to the side lot lines.
The routine upkeep of a structure, premises, or equipment, including the replacement or modification of structural components to the extent necessary to keep the structure in sound condition.
A surety bond, posted by the developer and approved by the County, guaranteeing the satisfactory condition of installed improvements for a specified time period following their dedication.
Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
Any sign attached to, in any manner, or made a part of a marquee.
A communication of identification or advertising information visually perceived. Said communication may consist of words, abbreviations, numbers, symbols, pictures, geometric shapes, etc.
As defined by this Chapter, a factory-fabricated single-family home built on a permanent chassis that consists of wheel, undercarriage, and towing hitch assemblies. The length of a mobile home (excluding garages, carports, porches, or attachments) is in excess of three times its average width. Mobile homes must have a minimum of nine hundred (900) square feet of floor area and must contain a complete kitchen and sanitary facilities. All mobile homes must be permanently attached to a full perimeter permanent foundation, extending below the frost depth. All wheels, and towing devices must be removed. As with all residences, a mobile home must have a minimum 3/12 pitch roof with residential-style siding and roofing and a six (6) inch minimum eave overhang. Mobile homes moved into Monroe County must meet the HUD Federal Mobile Home Construction and Safety Standard.
A tract of land or two (2) or more continuous tracts of land upon which five (5) or more independent manufactured homes are located for permanent habitation either free of charge or for revenue purposes.
A permit issued by the Administrator authorizing the operation of a manufactured home park in accordance with all applicable regulations.
The person primarily responsible for the operation of a manufactured home park.
A portion of a manufactured home park designed and improved for the placement of one (1) manufactured home and for the private use of the occupants of that home.
The part of the manufactured home space that includes the concrete slab of runners on which the home is placed.
As defined by this Chapter, a factory-fabricated, single-family home built in one or more sections. The average width and/or length of the living area (excluding garages, carports, porches, or attachments) of a modular home shall not exceed a ratio of 3 to 1. All modular homes must be placed on a full-perimeter, permanent foundation, extending below the frost depth. All wheels and towing devices must be removed. A modular home must have a minimum 3/12 pitch roof with residential style siding and roofing, a minimum eave overhang of six (6) inches and must have a minimum living area of not less than nine hundred (900) square feet. (State of Illinois Code)
Creation of unreasonable physical hazard, by fire, explosion, radiation or other cause, to persons or property.
Discharge of any liquid or solid waste into any stream or body of water or into any public or private disposal system or into the ground, so as to contaminate any water supply, including underground water supply.
Maintenance or storage of any material either indoors or outdoors so as to cause or to facilitate the breeding of vermin.
Emission of smoke, measured at the point of emission, which constitutes an unreasonable hazard to the health, safety, or welfare of any person(s).
Fly ash or dust which can cause damage to the health of persons, animals, or plant life or to other forms of property, or excessive soil, measured at or beyond the property line of the premises on which the aforesaid fly ash or dust is created or caused.
Creation or causation of any unreasonably offensive odors discernible at or beyond any property line of the premises on which the aforesaid odor is created or caused.
Creation or maintenance of any unreasonable reflection or direct glare, by any process, lighting or reflective material at or beyond any property line of the premises on which the reflective or direct glare is created or caused.
Creation or maintenance of any unreasonably distracting or objectionable vibration and/or electrical disturbances discernible at or beyond any property line of the premises on which the aforesaid vibration or electrical disturbance is created or maintained.
Any public nuisance.
As applied to a lot, structure, or use, "nonconforming" means:
Any permitted street graphic which existed on the effective date of this Code (or amendment thereto), but which does not comply with the regulations set forth therein.
A parcel on which the landowner has an easement agreement with the Owner, Operator or Applicant of a WECS but does not consent to a tower being placed on the landowner’s property.
A parcel on which the landowner has no financial or easement agreement with the Owner, Operator or Applicant of a WECS project.
Any thing, condition, or conduct that endangers health, or unreasonably offends the senses, or obstructs the free use and comfortable enjoyment of property, or essentially interferes with the comfortable enjoyment of life. (See 740 ILCS 55/221)
A tract of land on which trees, shrubs, and other plants are raised for transplanting and sale, and including any structure in which the activities are conducted.
An establishment for the part-time care and/or instruction at any time of day of four (4) or more unrelated children of pre-elementary school age.
A building used as a medical care facility for persons who need long-term nursing care and medical service, but do not require intensive hospital care.
Any building or portion thereof in which the business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted.
See “billboard.”
Means those signs which advertise activities conducted on the property on which they are located.
The entity or entities with an equity interest in the WECS, including their successors and assigns. Owner does not mean the landowner from whom land is leased for locating the WECS, unless the property owner has an equity interest in the WECS.
The entity or entities with an equity interest in the solar project, including their successors and assigns. Owner does not mean the landowner from whom land is leased for locating the solar project, unless the property owner has an equity interest in the solar project.
The person having legal title to, or effective control of, all land constituting the manufactured home park in question.
A panel containing photovoltaic cells for generating electricity.
Land that is improved in accordance with this Code and used primarily for the storage of passenger motor vehicles, free of charge or for compensation. An off-street parking area, depending on the circumstances of its use, may be either a principal use or an accessory use; and may be either open to public use or reserved for private use for a specified group.
An area at least twenty (20) feet long and ten (10) feet wide within an off-street parking area or garage, used for the storage of one (1) passenger motor vehicle.
As defined in the Illinois Compiled Statutes (205 ILCS 510/1).
A subsurface soil test at a depth of a proposed seepage system or similar component of sewage disposal system to determine the water absorption capability of the soil.
A foundation which extends into the ground below the frost line so as to attach and become a part of the real estate. Materials such as concrete, mortared concrete block, or mortared brick extending into the ground below the frost line shall satisfy the requirement for a permanent foundation, except where flood plain requirements prevail.
Any use which is or may be lawfully established in a particular district(s), provided it conforms with all the requirements applicable to the district(s) and use(s).
Any agent, individual, firm, association, organization, partnership, corporate body, or similar entity.
A tract of land which is planned as a whole for development under single ownership or control in accordance with this Code, and which, by virtue of such unified planning and development, provides greater amenities, convenience, or other benefits (especially open space) than would normally be had through the development of diverse smaller tracts under multiple ownership. A planned unit development may be a planned unit commercial or planned unit residential development.
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; balloons used as signs; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in normal day-to-day operations of the business.
A lot and all the structures and uses thereon.
Means any highway, other than an interstate highway, designated by the department and approved by the United States Department of Transportation as a part of the federal-aid primary system.
The main structure erected on or the main use occupying a lot, as distinguished from an accessory (subordinate) structure or use.
A qualified individual who is licensed as a professional engineer in the required area of expertise.
Any sign which is supported by an exterior wall of a building or suspended beneath any awning, canopy, or marquee with the exposed face of said sign in a plane approximately perpendicular to the plane of the wall, etc., and projecting more than three (3) feet beyond the surface of building or wall.
See "Lot Lines."
As applied to nonconforming signs or structures, reconstruct means to rebuild after partial or total destruction.
A term encompassing any type of vehicle used primarily for pleasure such as travel trailers, motor homes, boats, snowmobiles, etc.
Garbage (food wastes) and trash, but not sewage or industrial wastes.
To move to another portion of a lot or to a different lot.
To restore to sound condition, but not to reconstruct.
To substitute a street graphic for an existing street graphic.
To set aside a parcel of land in anticipation of its acquisition by the County (or other governmental entity) for public purpose.
A narrow strip of land between a public street and adjacent lots which is designated on a recorded subdivision plat or property deed as land over which vehicular travel is not permitted.
A site-constructed building designed for use as a residence. The average width and/or length of the living area (excluding garages, carports, porches, or attachments) of a residence shall not exceed a ratio of 3 to 1. All residences must be placed on a full perimeter permanent foundation extending below the frost depth unless located in a Special Flood Hazard Area and must have a minimum 3/12 pitch roof. All residences must have a minimum of nine hundred (900) square feet of living area and must be built to the adopted Monroe County Building Code.
Only approved residential metal roofing shall be of the nonexposed fastener style. Exposed fasteners shall be allowed at the ridgeline, on the trim work and to secure the bottom ends of the roof sheets.
Tending to keep within prescribed limits.
Refers to the sale of goods or services directly to the consumer rather than to another business.
A strip of land which the owner/subdivider has dedicated to the County or other unit of government for streets, alleys, and other public improvements.
Designated by a township route number and listed by a County name. Road is maintained by road district official.
The edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.
A solar energy system mounted on a rack that is fastened to or ballasted on a building roof. Roof-mount systems are accessory to the principal use.
Any sign erected or maintained on the roof of any building.
See “Boarding House.”
The wind turbine manufacturers determined (and certified) distance from a wind turbine which is safe from falling tower components in the event of turbine failure or malfunction. This distance marks the safe zone for Emergency First Responders and repair crews.
See “Hospital.”
A tract of open land used for the permanent disposal of refuse in accordance with the requirements of the Illinois Environmental Protection Agency. At a sanitary landfill the refuse is periodically covered with topsoil.
Facilities designed to be used for the sanitary disposal of sewage from the holding tanks of travel trailers.
Trees, shrubs, walls, solid fences, etc. used as means of visual and noise control.
The building in a travel trailer park containing laundry, toilet, and bathing facilities.
Any building, land area or other premise, or portion thereof, used or intended to be used for the retail dispensing of vehicular fuels; including the sale and installation of lubricants, tires, batteries, and similar accessories. A service station may include facilities for washing vehicles and for making minor automotive repairs. Accessory uses may include convenience store and food service.
Any use or establishment wherein services are provided for remuneration either to individuals or to other firms.
The minimum horizontal distance between a lot line and:
A line that is roughly parallel to the front, side, or rear lot line establishing the minimum space to be provided as the front, side, or rear yard. (See “Building Line.”)
A sewer system including collection and treatment facilities established by the developer to serve a new subdivision in an outlying area.
Those lands within the jurisdiction of the County that are subject to inundation by the base flood.
Any sign identifying a building or group of buildings that is under single ownership or control, that provides common off-street parking facilities, and that is occupied by two or more retail sales establishments.
Means any outdoor sign, display, device, notice, figure, painting, drawing, message, placard, poster, billboard, or structure, which id designated, intended or used to advertise or inform, and of which any part of the existing or intended advertising or informative contents is or will be visible from any place located inside or outside a building, which is visible from any lot line or roadway, interstate, or primary highway.
The area of the one imaginary square or rectangle that would completely enclose all parts of a sign including the background.
The total of the areas of all signs which a particular establishment is permitted to display under the terms of this Code.
Any natural depression formed as a result of subsurface removal of soil or rock materials and causing the formation of a collapse feature that exhibits internal drainage. The existence of a sinkhole shall be indicated by the uppermost closed depression contour lines, with hash-marks on the contour lines, on the USGS 7½ (seven and one-half) minute quadrangle topographic maps or as determined by field investigations.
The covering affixed to the bottom of the exterior of a mobile home to conceal the underside thereof.
Any solar energy system that converts sunlight to electricity, whether by photovoltaics, concentrating solar thermal devices, or various experimental technologies for onsite use with primary purpose for electrical generation of property that it is located on.
The Monroe County Soil and Water Conservation District.
A system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
All solar project features, substations and ancillary facilities, underground cable installations, and third-party transmission lines associated with the project up to the point of connection with a utility company power line or private home electrical wiring.
All parcels of land making up a solar project.
A use that has unusual operational, physical, or other characteristics which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district. Special uses commonly must meet special standards not necessarily applicable to permitted uses in the district and are allowed only by permit.
A permit issued in accordance with the provisions of this Code to regulate development of a special use.
A permit issued by the Board of Appeals/Planning Board in accordance with the provisions of this Code to regulate the design and placement of street graphics in areas of special controls.
A structure and/or land use operation to keep equine for hire, and to solicit and promote business for services as a primary source of income. Such stable can also be used for boarding and giving lessons.
An accessory structure, and/or land use situated on the same lot as a dwelling and designed or used for housing horses for the private use of occupants of the dwelling, but not for hire.
A public or private way for motor vehicle travel. The term street includes a highway, thoroughfare, parkway, through way, road, pike, avenue, boulevard, lane, place, drive, court, and similar designations, but excludes an alley or a way for pedestrian use only.
The lineal extent of the lot abutting a street or public roadway, or the lineal extent of the lot abutting a public parking area if the lot has no street frontage.
Any on-premises identification or advertising sign, or any billboard or off-premises advertising sign, visible from the public right-of-way or from any parking area used by the general public.
A permit issued by the Administrator to regulate the erection, expansion, alteration, relocation, or reconstruction of street graphics in all parts of this County except in areas of special controls and exempt signs, following the requirements of this Code.
See “frontage.”
Any street providing access to abutting property that is not maintained by and dedicated to this County or other public entity.
Binding, exacting.
Anything constructed or erected on the ground or attached to something having a fixed location on the ground. All buildings are structures, but not all structures are buildings.
Any structure that is not attached to a permanent foundation.
An entrance sign advertising a recorded platted subdivision, for sale and/or development thereof, with such sign erected upon the subject property, as distinguished from a real estate sign.
The apparatus that connects with the electrical collection system of the solar project and increases the voltage for connection with a utility’s transmission line or high voltage electric transmission grid.
A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
Any establishment, having a fixed place of business, where designs, letters, scrolls, figures, symbols or any other marks are placed upon or under the skin with ink or any other substance resulting in the colorization of the skin by the aid of needles or any other instrument designed to touch or puncture the skin.
A permit issued in accordance with the provisions of this Code and valid for not more than one (1) year, which allows the occupation of a temporary structure.
Any sign that is used only temporarily and is not permanently mounted. A sign, banner, or display of cloth canvas, cardboard, wall board, or other light temporary material, with or without a structural frame.
Any approved device(s) used to attach a mobile home to anchors so as to keep the home securely on its stand.
The relief features or surface configuration of an area of land.
The distance from the rotor blade at its highest point to the surface of the ground.
Any mobile structure built on a chassis and designed for temporary occupancy. A travel trailer may or may not contain complete sanitary facilities.
A tract of land or two (2) or more contiguous parcels on which facilities are developed for accommodating travel trailers for temporary occupancy during one (1) or more seasons of the year.
A portion of a travel trailer park designed and improved for the parking of one (1) travel trailer.
The purpose or activity for which land or a structure thereon is designed, arranged, intended, occupied, or maintained.
A use established for a fixed period of time with the intent of discontinuing such use upon the expiration of the time period.
Signs that serve as an aid to public safety or that show the location of public telephones, underground cables, etc.
A secondary utility facility such as an electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, etc.
A relaxation of the requirements of this Code that are applicable to a particular sign.
A relaxation of the strict application of the design and improvement standards set forth in this Code.
A relaxation of the strict application of the lot size, setbacks, or other bulk requirements applicable to a particular lot or structure.
A Wind Energy Conversion System is a system by which wind energy is converted to electricity including wind turbines, towers, support systems, blades, and associated control and conversion electronics. Size, electric-generating capacity, and the end-user of the electricity so generated also are specified:
INDUSTRIAL-SCALE WECS
A wind turbine energy conversion system generating 2 Mw or more electricity.
UTILITY-SCALE (OR LARGE SCALE) WECS
A wind turbine energy conversion system generating 100 Kw to 1.99 Mw of electricity.
SMALL-SCALE WECS
A wind turbine energy conversion system generating less than 100 Kw of electricity.
SOLE-USER OF SMALL-SCALE WECS
Property owners’ use of small-scale WECS’ generated electrical power on only their own property and for their own needs; that is, use of power only on the property and/or parcel where the WECS is sited and the electrical power is used.
The outer boundaries of the WECS site.
All WECS, substations and ancillary facilities, WECS towers, underground cable installations, and third-party transmission lines associated with the project up to the point of connection with the high-voltage electric transmission grid.
All parcels of land making up a WECS project; may include nonparticipating parcels as well as participating parcels.
The support structure, nacelle, rotor, gear box and blades.
A structure erected to generate electricity or pump water using the power of wind. Such structures would require a set of plans signed and sealed by a structural engineer. These structures would be required to be built according to Monroe County’s current Building Code adopted by the Monroe County Board of Commissioners. Minimum setback shall be as follows:
The horizontal separation distance to the nearest lot line shall not be less than the height of the structure including blades; except that if the structure exceeds ninety-nine (99) feet in height, the horizontal separation distance to the nearest lot line shall be at least one hundred (100) feet or eighty percent (80%) of the height of the structure, whichever is greater.
The horizontal separation distance to the nearest lot line shall not be less than the height of the structure including blades; except that if the structure exceeds ninety-nine (99) feet in height, the horizontal separation distance to the nearest lot line shall be at least one hundred (100) feet or eighty percent (80%) of the height of the structure, whichever is greater.
A sign visible from the exterior of a building which is painted on, affixed to, or suspended immediately behind a window. A permanent window sign is one that is intended to remain on display for thirty (30) days or more; a temporary window sign is one that is intended to remain on display for a shorter time period.
Refers to the sale of goods or services by one business to another business.
Open space that is unobstructed except as specifically permitted in this Code and that is located on the same lot as the principal building.
A yard which is bounded by the side lot lines, front lot lines, and the building line.
A line in a lot that is parallel to the lot line along which the yard in question extends and which is not nearer to such lot at any point than the required depth or width of the yard.
A yard which is bounded by the side lot lines, rear lot lines, and the building line.
A yard which is bounded by the rear yard line, front yard line, side yard, and side lot line.
The map(s) and any amendments thereto designating zoning districts and incorporated into this Code by reference.
The officer, or person, designated by the County Board of Commissioners and charged with the responsibility of administering standards.