Title 10 – Zoning
Last updated September, 2021.
Chapter 1
Title; Purpose
SECTION:
| 10-1-1: | Title |
| 10-1-2: | Purpose |
10-1-1: TITLE: This comprehensive Zoning Title shall be known as the “Zoning Ordinance of Farmington, Illinois, and contiguous area”. The zoning maps herein referred to are identified by the titles “Zoning Districts, Farmington, Illinois” and “Zoning Districts, Farmington 1 ½ Mile Contiguous Area”, and dated. All explanatory matter thereon is hereby adopted and made a part of this Title. *1
10-1-2: PURPOSE: The zoning regulations and districts as herein provided have been made and these objectives: The assuring that adequate light, air, and safety from fire and other dangers may be secured; that property values be conserved that traffic congestion be lessened or avoided; and that public health, safety, comfort, morals, and welfare might otherwise be promoted. (Ord. 69-3; 1969)
- S.H.A Ch. 24, Sec. 11-13-1 et seq.
Chapter 2
Definitions
SECTION:
| 10-2-1: | Definitions |
10-2-1: DEFINITIONS: For the purpose of this Title certain terms or words used herein shall be interpreted as follows:
All words used in the present tense include the future tense. All words in the singular plural and all words in the plural include the singular. The word “shall” is mandatory and not directory. The word “used” shall be deemed to include “designed, intended, or arranged to be used”.
ACCESSORY USE OR BUILDING: The term “accessory use or building” shall mean a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use of building.
AGRICULTURE USES, BONA FIDE: The term “agricultural uses, bona fide” shall mean the growing of crops in the open, raising of stock and poultry, forestry, mushroom growing, flower gardening, operation of apiaries and aviaries, nurseries, orchards, fur farms, roadside stands, signs and billboards relating to the sale of use of products produced thereon, and necessary structures and farm dwellings for such uses.
ALLEY: The word “alley” shall mean any public or private way dedicated to public travel and less than twenty feet (20’) in width.
BUILDING: The word “building” shall mean any structure constructed or used for residence, business, industry or other public or private purposes, or accessory thereto, and including dining cars, trailers, billboards, signs, and similar structures whether stationary or movable.
DWELLING: The word “dwelling” shall mean a permanent building used primarily for human habitation but not including facilities for the housing of transient residents nor to include mobile homes.
DWELLING, SINGLE FAMILY: The term “dwelling, single family” shall mean a permanent building, separate and free standing, in itself providing living accommodations for one family.
DWELLING, TWO FAMILY: The term “dwelling, two (2) family” shall mean a permanent building designed exclusively for occupancy by two (2) families.
DWELLING, MULTIPLE FAMILY: The term “dwelling, multiple family” shall mean a permanent building or portion thereof providing separate living accommodations for three (3) or more families. Efficiency dwelling unit or efficiency apartment is a dwelling unit consisting of not more than one room addition to kitchen and necessary sanitary facilities.
HEIGHT OF BUILDING: The term “height of building” shall mean the vertical distance from the establishment overage sidewalk grade, street grade, or finished grade, at the building line, whichever is the highest, to the highest point of the building.
HOME OCCUPATION: The term “home occupation” shall mean any use conducted entirely within a dwelling by the occupant of the dwelling and as a secondary use, which is clearly incidental to the use of the dwelling for residential purposes. Such a use shall employ not more that one person outside the family resident in dwelling.
LOT: The word “lot” shall mean of piece, parcel, or plot of land occupied or to be occupied by one principal building and its accessory buildings and including the open spaces required under this Title.
MOBILE HOME: The term “mobile home” shall mean a structure designed to be used for human habitation, carrying or storage of persons or property, being able to be easily equipped with wheels or other devices to be transported from place to place. Mobile home shall include trailer, neither removal of wheels, placing of structure on foundation, nor disguising the under carriage with a metal apron shall change its classification to other than mobile home. The term “camping trailer” shall mean a vehicle intended only for seasonal use but not for the living purposes within the City. For the purpose of this Title no trailer of any kind over twenty-two feet (22’) on length shall be considered a camping trailer.
NONCONFORMING USE: The term “nonconforming use” shall mean a use of building or land lawful at the time of enactment of this Title that does not conform with the “permitted use” provisions of this Title.
STREET: The word “street” shall mean any public or private way dedicated to public travel twenty feet (20’) or more in width. The word “street” shall include the words “road”, “highway”’ and “thoroughfare”.
USE: The word “use” shall mean the purpose or activity for which a building, structure, or land is occupied or maintained.
YARD: The word “yard” shall mean an open space on the same lot with a principal building, open, unoccupied, and unobstructed by buildings except as otherwise provided in this Title.
YARD FRONT: The term “yard, front” shall mean the yard extending across the entire width of the lot between the principal building and the right of way line or street line which the building faces. The depth of the front yard shall be measured between the front line of the building and the street line (or if street is less than proposed right of way as indicated on the Official Map, from the proposed street lines.)
YARD, REAR: The term “yard, rear” shall mean the yard extending across the entire width of lot between the rear lot line and the nearest part of the principal building.
YARD, SIDE: The term “yard, side” shall mean the yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building. Where the required side yard is adjacent to a street, the width of such yard shall be measured between the building and the street line (or if such street is less than the proposed right of way as indicated on the Official Map, from the proposed right of way line). (Ord. 69-3; 1969)
Chapter 3
General Regulations and District Maps
SECTION:
| 10-3-1: | Establishment of Districts |
| 10-3-2: | Boundaries of Districts |
| 10-3-3: | Application of Regulations |
| 10-3-4: | Zoning of Annexed Areas |
| 10-3-5: | Continuance of Nonconforming Uses |
| 10-3-6: | Off Street Parking |
| 10-3-7: | Off Street Loading |
| 10-3-8: | Obstructions to Vision at Intersections |
| 10-3-9: | Demolition Permit |
10-3-1: ESTABLISHMENT OF DISTRICTS: For the purpose of this Title, all land within the community and within one and one half (1½) miles of the corporate limits, and not being under any other zoning jurisdiction is hereby designated on the Zoning Maps as being in one of the following districts:
| CO-1 District | Conservation District |
| AG District | Agricultural |
| R District | One Family Residential |
| R-1 District | One and Two Family Residential |
| R-2 District | Multiple Family Residential |
| C-1 District | General Retail |
| C-2 District | Service Retail |
| I-1 District | Light Industrial |
| I-2 District | Heavy Industrial |
10-3-2: BOUNDARIES OF DISTRICTS: Unless otherwise indicated on the Zoning District Map, the boundary lines of the districts follow lot lines, center lines of streets, alleys, or railroad right of way, or such center lines extended, center lines of creeks or the corporate limit line as existing at the time of adoption of this Title.
10-3-3: APPLICATION OF REGULATIONS: No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations for the district in which it is located.
10-3-4: ZONING OF ANNEXED AREAS: All territory which may be hereafter added to the zoning jurisdiction (through extension of the one and one-half (1½) miles contiguous zoning area by virtue of annexation) shall be considered as being in the AG District until and unless otherwise designated by Zoning Title Amendment as specified in the procedure in Chapter 12 of this Title.
10-3-5: CONTINUANCE OF NONCONFORMING USES: Any lawful use of land or structure existing at the time of adoption of this Title, may be continued with the following limitations:
(A) Nonconforming Use Not to Expand: Any structure containing a nonconforming use may not be expanded nor substantially remodeled. The Board of Appeals may approve any remodeling and incidental repairs, which do not tend to prolong the life of nonconforming use.
(B) Discontinued Nonconforming Use Not to Reestablish After One Year: No conforming use shall be reestablished after having been discontinued for twelve (12) months. Vacating of premises or building or non-operative status shall be evidence of discontinued use.
(C) Nonconforming Uses Not to be Substituted: No different type of nonconforming use may be substituted for any other nonconforming use.
10-3-6: OFF STREET PARKING: Off street automobile parking (either paved or surfaced with crushed rock) shall be provided on any lot on which any of the following uses are hereafter established; such space shall be provided with vehicular access to a street or alley. For purposes of computing gross off street parking area required, the ration of two hundred fifty (250) square feet of parking space shall be used. Following are the minimum requirements for specific uses:
(A) Dwellings: One and one-half (1½) spaces for each family unit is the structure.
(B) Boarding and rooming houses: One space for each two (2) rooms occupied by boarders or roomers.
(C) Tourist Accommodations: One space for each room offered for tourist accommodations.
(D) Hospitals and other institutions for care and treatment: One space for each four (4) beds, plus one space for each staff and visiting doctor, plus one space for each three (3) employees.
(E) Theater, auditorium including school auditorium, church, or other place of public assembly: One space for each eight (8) seats available at maximum capacity.
(F) Wholesale, storage and manufacturing establishments: One space for each five employees.
(G) Retail establishments: One space for each three hundred (300) square feet of gross floor area.
(H) Office uses: One space for each three hundred (300) square feet of gross floor area. If off street parking space for nonresidential uses as required above cannot be provided on the same lot on which the principal use is conducted, the Zoning Enforcing Officer may permit such space to be provided on other off street property provided such space is within four hundred feet (400’) of the main entrance to such principal use. Such off street parking space shall thereafter be deemed to be required open space associated with this permitted use and shall not be reduced nor encroached upon in any matter.
10-3-7: OFF STREET LOADING: Every building or structure used for other than residential uses and constructed after the adoption of this Title shall provide space on the property to be used exclusively for loading and unloading of vehicles. Such space shall be in accordance with the following schedule:
| Required Spaces | Building Gross Floor Area |
|---|---|
| 1 | 0 – 8,000 sq. ft. |
| 2 | 8,000 – 25,000 sq. ft. |
| 3 | 25,000 – 40,000 sq. ft. |
| 4 | 40,000 – 100,000 sq. ft. |
| 5 | 100,000 – 250,000 sq. ft. |
| 6 | 250,000 – 400,000 sq. ft. |
For buildings over four hundred thousand (400,000) square feet, six (6) spaces plus one additional space for each additional two hundred thousand (200,000) square feet.
For the purpose of determining adequacy of loading area, each space shall be not less than ten feet (10’) in width, forty-five feet (45’) in length, and fourteen feet (14’) in height.
10-3-8: OBSTRUCTIONS TO VISION AT INTERSECTIONS: On any corner lot in all districts except C-1 General Retail District, there shall be no obstruction to traffic visibility within thirty five feet (35’) of the intersection of the two (2) street property lines of the corner lot. (Ord. 69-3; 1969)
10-3-9: DEMOLITION PERMIT: The demolition of any structure measuring Eight (8) feet high by eight (8) feet wide by Eight (8) feet deep or greater, will require a demolition permit prior to the start of such work. The fee for such permit will be Twenty-Five Dollars ($25.00).
Chapter 4
Agricultural District
SECTION:
| 10-4-1: | Purpose |
| 10-4-2: | Uses Permitted |
| 10-4-3: | Special Uses |
| 10-4-4: | Required Lot Area and Lot Width |
| 10-4-5: | Height Regulation |
| 10-4-6: | Required Yards |
| 10-4-7: | Off Street Parking |
10-4-1: PURPOSE: The purpose of the AG District is to encourage the preservation of a proper setting for and pleasant approaches to the City, to provide an area for agricultural pursuits protected from infringements of unguided urban development; to conserve areas physically unsuitable for intensive development and to provide in the area immediately surrounding the City an environment capable of accommodating future expansion of the City in an orderly and efficient manner.
10-4-2: USES PERMITTED: The following uses are permitted in the AG District:
- Bona fide agricultural uses (including farm dwellings), commercial grain storage.
- Single family residence dwellings and related accessory buildings, off street storage of not more than one camping trailer per family unit, home occupations (as defined in this Title).
- Community buildings, utility and service system buildings and lands, libraries and museums, picnic grounds, religious, educational or charitable institutions.
- Unlighted signs notifying of sale, rental or lease of land or sale of farm goods on the premises on which the sign is maintained having not over fifty (50) square feet of sign area; signs announcing meeting time and place of civic organizations.
- Lakes (artificial).
- Public parks and forest preserves.
- Public Utility substations, booster stations, radio and television relay towers and repeater stations, but not including power generation or gas manufacturing plants.
10-4-3: SPECIAL USES: The following uses are permitted as special uses when authorized by the Council after a public hearing and after recommendation by the Planning Commission. Such special use shall be subject to the following requirements and any other requirements the Planning Commission feels necessary to further the purpose of the Agricultural District as stated in Section 10-4-1.
- Outdoor advertising structures, provided they are not closer than three hundred feet (300’) to the nearest highway right of way or five hundred feet (500’) to the nearest residential or public or semipublic property, and that permits are issued for longer than five (5) years.
- Uses of land including quarrying and mining of natural resources, sanitary landfill, and other types of landfill, refuse disposal and dumps.
- Cemeteries.
- Commercial resort uses such as lodges, restaurants, rental cottages, riding stables, golf courses, swimming pools, tennis courts, and other such recreational facilities.
10-4-4: REQUIRED LOT AREA AND LOT WIDTH: No dwelling shall be located on a lot less than one acre in area nor one hundred fifty (150’) in width.
10-4-5: HEIGHT REGULATION: No residential dwelling shall exceed two (2) stories or thirty feet (30’) in height.
10-4-6: REQUIRED YARDS: All structures shall have the following minimum yard spaces:
| Front yard: | Fifty feet (50′) |
| Side yard: | Each not less than fifteen feet (15′) |
| Rear yard: | Not less than thirty feet (30′) |
Corner lots shall provide the minimum front yard requirements on each street side of the lot.
10-4-7: OFF STREET PARKING: There shall be provided in the AG District of street parking in accordance with Chapter 3 of this Title. (Ord. 69-3; 1969)
Chapter 5
Residential Districts
SECTION:
| 10-5-1: | Purpose |
| 10-5-2: | Uses Permitted; R District |
| 10-5-3: | Uses Permitted; R-1 District |
| 10-5-4: | Uses Permitted; R-2 District |
| 10-5-5: | Special Uses |
| 10-5-6: | Required Lot Area and Lot Widths |
| 10-5-7: | Building Height Regulations |
| 10-5-8: | Yards Required |
| 10-5-9: | Off Street Parking |
10-5-1: PURPOSE: The purpose of the Residential Districts is to provide an area for residential uses those public and semipublic uses normally considered an integral part of the residential neighborhood they serve.
10-5-2: USES PERMITTED; R DISTRICT:
Single family residence dwellings and related accessory buildings, off street storage of not more than one camping trailer per family unit, home occupations (as defined in this Title).
The following light agricultural uses shall be permitted:
(a) nurseries
(b) Garden crops
(c) Orchards
(d) The keeping of no more than five (5) of the following types of animals:
- Ducks, geese, rabbits, chickens, dogs, cats
(e) The keeping of no more than two (2) of the following types of animals where the tract of land is located in part outside the City or located within the City and containing at lease one acre where such animals are kept more than one hundred fifty feet (150’) from the dwelling house of any adjoining landholder:
- Horses
- Mules
(f) Greenhouses and conservatories of the types customarily attached to dwellings.
None of the foregoing permitted uses shall include the sale of products on premises. Any agricultural use not specifically authorized above is hereby prohibited. Any existing use violative of the above provisions shall be abated within six (6) months from the date of publication of this Ordinance; following its passage.
Churches, schools, libraries, museums, and art galleries, parks, playgrounds, community centers, cemeteries, public service and utility buildings.
Accessory buildings and uses.
Unlighted real estate, nonconforming business use signs, and public building or church signs or bulletin boards pertaining to the property on which they are placed and not having over twelve (12) square feet of sign area.
10-5-3: USES PERMITTED; R-1 DISTRICT:
Any use permitted in the R District.
Two (2) family dwellings, and the leasing of rooms to not more than two (2) families.
Unlighted signs as described in the R District above.
10-5-4: USES PERMITTED; R-2 DISTRICT:
Any use permitted in the R-1 District.
Multiple family dwelling, tourist homes and lodging uses with accommodations for not more than fifteen (15) persons.
Clubs, lodges, hospitals, sanitariums, and rest homes.
Unlighted signs as described in the R District.
10-5-5: SPECIAL USES: The following uses are permitted as special uses in the R, R-1, and R-2 Districts when authorized by the Council after a public hearing and after recommendation by the Planning Commission. Such special use shall be subject to the following requirements and any other requirements the Planning Commission feels necessary to further the purpose of the Residential Districts as stated in Section 10-5-1.
(A) Planned residential development under single ownership in which incidental business and recreational facilities for the convenience of the occupants may be furnished; provided, however, that the property shall have a gross area of thirty (30) acres and that permitted business uses shall be limited to those uses allowed in the C-1 District, and they shall occupy not more than ten percent (10%) of the gross land area of the development. Such planned developments may vary the dwelling type requirements, yard, height, or area per dwelling requirements; providing, however, that the total number of dwelling units to be accommodated is not greater then would otherwise be allowed under normal development.
(B) Mobile home parks with permanent accommodations for mobile homes; providing that (1) such park will have permanent accommodations for a minimum of five (5) trailers; (2) accommodations will include for each mobile home individual sewer and water connections, trailer platform of concrete or white rock to a six inch (6’) depth; (3) the plan development will provide a minimum of three thousand six hundred (3,600) square feet per mobile home space; and (4) the mobile home spaces will not be located any closer to the bounding property lines of the park than the appropriate yard requirements for the adjacent district would allow.
(C) Mini-storage facilities
(D) Child care nurseries or day cares
(E) Minor automobile repair service
(F) Furniture repair or finishing
(G) Small scale retail operation
(H) Photography studios
(I) Office or Business Planned Unit Development
Section 1. The foregoing recitals are hereby incorporated as though fully set forth herein.
Section 2. A special use permit for a welding repair shop located at the premises located at 568 E. Vernon St. Farmington IL., specifically 164 S. Elmwood Rd. is hereby granted (Ord. No 2008-03)
10-5-6: REQUIRED LOT AREA AND LOT WIDTHS:
(A) In the R and R-1 Districts:
| Single Family Dwelling | Min. Lot Area Per Family (Square Feet) | Min. Lot Width Per Structure (Feet) |
|---|---|---|
| with public water and public sanitary sewer* | 6000 | 50 |
| with public water supply or public sanitary sewer | 10,000 | 80 |
| with neither public water supply nor public sanitary sewer | 20,000 | 100 |
| Two Family Dwelling | Min. Lot Area Per Family (Square Feet) | Min. Lot Width Per Structure (Feet) |
|---|---|---|
| with public water and public sanitary sewer | 4,500 per fam. (9,000 per 2 fam. dwelling) | 75-½ fam. lot |
| with public water or public sanitary sewer | 7,500 per fam (15,000 per 2 fam. dwelling) | 100 ft./2 fam. lot |
| with neither public water nor public sanitary sewer | 15,000 per fam. (30,000 per 2 fam. dwelling) | 100 ft./2 fam. lot |
(B) In the R-2 District
| Min. Lot Area Per Family or Rental Unit (Square Feet) | Min. Lot Width Per Structure (Feet) | |
|---|---|---|
| Single Family Dwelling Two Family Dwelling | 3,000 | 50 |
| Multiple Family Dwelling Efficiency Units: | 1,500 | 50 |
| 1, 2 or more bedroom units | 2,000 | 50 |
| Rooming or Lodging House | 1,000 | 50 |
10-5-7: BUILDING HEIGHT REGULATIONS: No building shall exceed two (2) stories or thirty feet (30’) in height, unless each side yard is increased over the required minimum by five feet (5’) for every five feet (5’), or fraction thereof, of additional height over thirty feet (30’). In no case shall the building height exceed fifty feet (50’).
10-5-8: YARDS REQUIRED: All structures to be constructed, altered, or moved in the R, R-1 and R-2 Districts shall provide yards of the following minimum depths:
| Front Yard: | Twenty five feet (25′) |
| Side Yard: | Five feet (5′) minimum, one side yard; twelve feet (12′) minimum, two (2) side yards |
| Rear Yard: | Twenty feet (20′) or twenty percent (20%) of the lot depth whichever is greater |
| Yards of Corner Lots: | Corner lots shall provide a front yard on each street side, not, however, to reduce the buildable width of the lot below thirty-two feet (32′) |
10-5-9: OFF-STREET PARKING: There shall be provided in the R, R-1 and R-2 Districts adequate off-street parking in accordance with the schedule in Chapter 3 of this Title. (Ord. 69-3; 1969)
Chapter 6
Commercial Districts
SECTION:
| 10-6-1: | Purpose |
| 10-6-2: | Uses Permitted; C-1 General Retail District |
| 10-6-3: | Uses Permitted; C-2 Service Retail District |
| 10-6-4: | Required Lot Area and Lot Width |
| 10-6-5: | Building Height Regulations |
| 10-6-6: | Yards Required |
| 10-6-7: | Off-Street Parking and Loading |
| 10-6-8: | Screening Required |
10-6-1: PURPOSE:
(A) The purpose of the C-1 General Retail District is to provide for a wide range of retail facilities and services of such nature as to be fully compatible in the proximity they must enjoy in the central business district or in the neighborhood shopping areas.
(B) The purpose of the C-2 Service Retail District is to provide for those retail businesses and services which require a location other than the central business district of the neighborhood business district, requiring either large tracts of land or a highway location.
10-6-2: USES PERMITTED; C-1 GENERAL RETAIL DISTRICT:
Any use permitted in a residential district including mobile homes, trailers, and trailer parks.
Major Retail Outlets: Furniture, department, clothing, shoe and variety stores; hardware, appliance, paint and wallpaper stores.
Food, Drug, and Beverage: Grocery stores, supermarkets, meat markets, drug stores and liquor stores, bakery in conjunction with retail sales, restaurants, tea rooms, and taverns.
Specialty Shops: Gift shops, magazine, book a stationary outlets, florist shops, camera and photography shops, sporting goods.
Service and Recreation: Motels and hotels; Laundromats; dry cleaning and laundry pickup stations; barber and beauty shops, shoe repair and tailor shops; mortuaries, newspaper publishing, printing shops with not more than ten (10) full-time regular employees; storage and transfer establishments; places of amusement and assembly, commercial recreation.
Business and Professional Offices: Medical and dental offices and clinics; law offices, insurance and real estate offices; bank, finance, and utility companies.
Automotive and Related Uses: New and used car sales, service, and repair (providing such repairs are of a minor nature and totally contained within buildings), gasoline filling stations, motorcycle and bicycle shops, cab and bus stands and depots.
Accessory uses or buildings.
Business and advertising signs pertaining to the business on the property on which the sign is located; providing that (a) illumination of all signs shall be diffused or indirect and shall be arranged so as not to reflect direct rays of light into adjacent residential districts or into the public way, and (b) that any sign located in the direct line of vision of any traffic control signal shall not have flashing intermittent red, green, or amber illumination.
Special Use Permit (Ordinance 2013-08) (07/15/13)
Hobby or commercial woodworking in combination with hobby or commercial restoration, repair and tuning of engines, vehicles, machines, and bicycles and storage related to same as well as hobby or commercial storage of vehicles, boats and motorcycles, subject to such conditions as may be imposed by the City
Special Use Permit granted to 135 E. Fort St. (Ordinance 2013-09) (07/15/13)
10-6-3: USES PERMITTED; C-2 SERVICE RETAIL DISTRICT:
Any use permitted in the residential districts.
Any use permitted in the C-1 General Retail District.
Building Trades or Equipment: Building, concrete, electrical, masonry, sheet metal, plumbing and heating shops, building material establishments (providing no assembly, construction, millwork, or concrete block manufacture is done on premises).
Vehicle Drive-in and Heavy Vehicle Services: Drive-in theaters, drive-in restaurants and refreshment stands; express, cartage and trucking facilities; large item machinery or bulk sales and storage not including outdoor unfenced storage.
Heavy Service and Processing Facilities: Laundry and dry cleaning plants; linens, towel, diaper, and similar supply services; animal pounds, kennels, and veterinary establishments; frozen food lockers; seed and food processing plants; diaries.
Accessory uses or buildings.
Business and advertising signs pertaining to the business on the property on which the sign is located providing that (a) illumination of all signs shall be diffused or indirect shall be arranged so as not to reflect direct rays of light into adjacent residential districts or into the direct line of vision of any traffic control signal; and (b) shall not have flashing intermittent red, green or amber illumination.
10-6-4: REQUIRED LOT AREA AND LOT WIDTH:
(A) Each residential use to be accommodated in the C-1 and C-2 Commercial Districts shall meet the minimum lot area and minimum lot width requirements of the R-2 Residential District.
(B) Each business use to be accommodated in the C-1 and C-2 Commercial Districts shall provide a minimum lot area of two thousand five hundred (2,500) square feet; no minimum lot width is required for business uses.
10-6-5: BUILDING HEIGHT REGULATIONS:
(A) In he C-1 General Retail District no building shall exceed three (3) stories or forty-five feet (45’).
(B) In the C-2 Service Retail District no building shall exceed two (2) stories or thirty feet (30’).
10-6-6: YARDS REQUIRED: All buildings to be constructed, altered or moved in the Commercial Districts shall meet the following minimum requirements:
(A) Yards required in the C-1 General Retail District:
| Front Yard: | No minimum yard required. |
| Side Yard: | No minimum yard 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 Yard: | Twenty feet (20’). Where a rear lot line abuts an alley, one-half (1/2) of the width of such alley may be considered in meeting the rear yard requirements. |
(B) Yards required in the C-2 Service Retail District:
| Front Yard: | Fifteen feet (15’). |
| Side Yard: | Ten feet (10’). |
| Rear Yard: | Twenty feet (20’). Where a rear lot line abuts an alley, one-half (1/2) of the width of such alley may be considered in meeting the rear yard requirements. |
10-6-7: OFF-STREET PARKING AND LOADING: There shall be provided in the C-1 and C-2 Commercial Districts, off street parking and loading in accordance with the schedule in Chapter 3 of this title.
10-6-8: SCREENING REQUIRED. There shall be provided in the C-1 REQUIRED: Newly established or newly expanding commercial uses which are adjacent or backing on existing residential properties shall provide within the commercial property along that adjacent property line, a properly maintained dense hedge, tree row, or other suitable landscape device to visually screen the commercial area from such adjacent residential area. Failure to provide or maintain such planting buffer shall constitute a violation of this title. (Ord. 69-3; 1969)
Chapter 7
Industrial Districts
SECTION:
| 10-7-1: | Purpose |
| 10-7-2: | Uses Permitted; I-1 Light Industrial District |
| 10-7-3: | Uses Permitted; I-2 Heavy Industrial District |
| 10-7-4: | Required Lot Area and Lot Width |
| 10-7-5: | Building Height Regulations |
| 10-7-6: | Yards Required |
| 10-7-7: | Off-Street Parking and Loading |
| 10-7-8: | Screening Required |
10-7-1: PURPOSE:
(A) The purpose of the I-1 Light Industrial District is to provide for commercial uses, storage, and those manufacturing uses not normally creating a nuisance discernible beyond the property line.
(B) The purpose of the I-2 Heavy Industrial District is to provide for industrial uses not allowed in any other district, providing that within this District uses of a hazardous nature or those producing extensive smoke or odor shall not be located so that the general hazard or nuisance affects a large segment of the community.
10-7-2: USES PERMITTED; I-1 LIGHT INDUSTRIAL DISTRICT:
Any use permitted in the C-1 and C-2 Commercial Districts except residential uses.
Warehousing and Storage: Indoor and outdoor storage of goods and materials including warehousing, pole yards, building material storage, and trucking storage.
Manufacturing: Manufacture or processing of small items including gloves, footwear, bathing caps, boxes, cartons and cans, hardware, toys, electric batteries, motors or generators; textile products manufacture; glass, plastics, cement and stone products manufacture, furniture manufacture; food manufacture or processing including hatcheries, canning, freezing, storage and bottling.
Other manufacturing uses of a light nature, free from any objectionable odors, fumes, dirt, vibration, or noise objectionable at the lot line. Such uses shall not be established without an application for a permit shall be accompanied by a certification by a registered engineer or architect indicating that fumes, odor, dirt, vibration or noise produced by the industry will not be detectable at the lot line. In the event of denial of such permit, the applicant shall have the right of appeal to the Board of Appeals in accordance with Chapter 11 of this Title.
10-7-3: USES PERMITTED; I-2 HEAVY INDUSTRIAL DISTRICT: All uses not otherwise prohibited by law except residential uses; provided, however, that the following uses will be permitted only as special uses in the I-2 District and only when authorized by the Council after public hearing and after recommendation by the Planning Commission: Bag cleaning, boiler and tank works; central mixing plant for cement, mortar, plaster or paving materials; coke oven, cursing tanning, and storage of raw hides and skins; distillation of bones, coal, wood or tar; fat rendering; gasoline or oil storage above ground in excess of five hundred (500) gallons; slaughterhouse or stockyards; smelting plant; and the manufacture of acetylene, acid, alcohol or alcoholic beverages; ammonia, bleaching powder, chemicals, brick pottery, terra-cotta, or tile; candles, disinfectants; dyestuffs; fertilizers; linseed oil, paint, oil, turpentine, varnish, soap and tar products, or any other use which, in the opinion of the Planning Commission, would emit detrimental or obnoxious noise, vibrations, smoke, odors, dust or other objectionable conditions beyond the confines of its property. The Planning Commission shall recommend Council approval if it determines that the proposed use will not extend its detrimental or obnoxious effects beyond the limits of the Heavy Industrial District in which it is located. Such special uses shall be subject to any requirements the Planning Commission feels necessary to further the purpose of the Industrial District as stated in Section 1-7-1.
10-7-4: REQUIRED LOT AREA AND LOT WIDTH: Each use to be established in the I-1 or the I-2 Districts shall provide a minimum lot area of five thousand (5,000)
square feet and minimum lot width of fifty feet (50’).
10-7-5: BUILDING HEIGHT REGULATIONS: No building in the I-1 or I-2 Districts shall exceed fifty feet (50’) in height unless the front, side, and rear yards required in Section 10-7-6 are increased five feet (5’) for every five feet (5’) or fraction thereof of additional height over fifty feet (50’).
10-7-6: YARDS REQUIRED: All structures to be constructed, altered, or moved in the I-1 or I-2 Districts shall provide yards of the following minimum depths:
| Front Yard: | In the I-1 District, twenty-five feet (25’); in the I-2 District, one hundred feet (100’). |
| Side Yard: | In the I-1 District, ten feet (10’) except where a side yard abuts a residential district in which case a side yard of twenty five feet (25’) shall be provided; in the I-1 District, seventy five feet (25’). |
| Rear Yard: | In the I-1 District, twenty-five feet (25’); in the I-2 District, seventy-five feet (75’). |
10-7-7: OFF-STREET PARKING AND LOADING: There shall be provided in the I-1 or I-2 Districts adequate off-street parking and loading in accordance with the schedule in Chapter 3 of this title.
10-7-8: SCREENING REQUIRED: Newly established or newly expanding industrial properties shall provide within the industrial property along that adjacent property line, a properly maintained dense hedge, tree row, or other suitable landscape device to visually screen the industrial area. Failure to provide or maintain such planting buffer shall constitute a violation of this Title. (Ord. 69-3; 1969)
Chapter 8
CO-1 Conservation District
SECTION:
| 10-8-1: | Purpose |
| 10-8-2: | Uses Permitted |
| 10-8-3: | Special Uses Permitted |
| 10-8-4: | Yards Required |
10-8-1: PURPOSE: The Conservation District is designed to promote and protect significant wooded areas, water courses, existing and/or potential lake sites more valuable in their present natural resource state for recreation, wildlife habitat, and present and future water supply.
10-8-2: USES PERMITTED: Within any CO-1 Conservation District no building or premises shall be used or arranged, or designed to be used except for one or more of the following uses which shall be subject to all regulations and requirements for permit of this Title:
Lakes (artificial).
Public or private picnic grounds, marinas and beaches, bridle and bicycle paths.
Public parks and forest preserves.
10-8-3: SPECIAL USES PERMITTED: The following uses may be authorized by the Council after a public hearing and recommendation by the Planning Commission:
Public utility substations, booster stations, radio and television relay towers and repeater stations, but not including power generations or gas manufacturing plants.
Camps or campgrounds.
10-8-4: YARDS REQUIRED:
(A) No building shall be erected within fifty feet (50’) of the right of way of any public street, road or highway nor within fifteen feet (15’), or one foot (1’) for each foot of building height, whichever is the greater, of any lot line.
(B) Any building to be located in possible flood lands shall be so placed as to offer the minimum obstruction to flow of waters and shall be firmly anchored to prevent the building from being moved to destroyed by the flow of water. (Ord. 69-3; 1969)
Chapter 9
Exceptions; Modifications
SECTION:
| 10-9-1: | Lot of Record |
| 10-9-2: | Exceptions to Yard Requirements |
| 10-9-3: | Exceptions to Height Limits |
| 10-9-4: | Storm Water Discharge |
| 10-9-5: | Penalty – Storm Water Drainage |
10-9-1: LOT OF RECORD: When a lot which is an official lot of record at the time of adoption of this Title does not comply with the area, yard, or other requirements of this Title, an application may be submitted to the Board of Appeals for a variance from the terms of this Title in accordance with the procedure outlined in Chapter 11 of this Title. Such lot may be used as a building site; provided, however, that the yard and other requirements of the district are complied with as closely as possible in the opinion of the Board of Appeals.
10-9-2: EXCEPTIONS TO YARD REQUIREMENTS:
(A) Allowable Projections of Residential Structures Into Yards: Architectural features of residential buildings such as window sills, cornices, roof overhangs may project into the required yard provided such projections are not more than four feet (4’) and do not reach closer than four feet (4’) to any lot line.
(B) Allowable Projections of Business Structures Over Sidewalk: Signs, awnings, canopies, marquees, are permitted to overhang the sidewalk in the C-1 General Retail District only, providing that overhanging signs are a minimum of eight feet (8’) above the sidewalk at any point and that all other structures are a minimum of six feet eight inches (6’8”) above the sidewalk at any point.
(C) Allowable Projection of Accessory Building Into Rear Yards: One story accessory buildings, when separated from the principal structure on the lot by ten feet (10’) or more, may project into rear yards abutting on an alley, providing such projection extends not closer than five feet (5’) to the rear lot line.
(D) Allowable Projections of Fences Into Yards: Within residential district, fences may be constructed in or project into yards, providing that (1) no fence or planting more than three feet (3’) high of thirty percent (30%) solid shall be located within thirty feet (30’) of a street intersection; (2) no fence more than four feet (4’) high may be located closer to the front lot than the principal building; and (3) no fence more than six feet (6’) high shall be allowed on any other part of the lot.
10-9-3: EXCEPTIONS TO HEIGHT LIMITS: The height limitations of this Title shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy; monuments, water towers, transmission towers, chimneys, smoke stacks, derricks, conveyors, flag poles, radio towers, masts, and aerials, (Ord. 69-3; 1969)
10-9-4: CONTROL OF STORM WATER RUN OFF:
(A) No person, firm, partnership, corporation or other legal entity shall directly or indirectly cause any water, above or below the surface, to be released or discharged from property under that entity’s control onto property of another, in an amount substantially greater than that which would naturally flow onto said property or create an obstruction which substantially impedes the drainage of water from the property of another, and which creates thereon a structural, health hazard or nuisance. In addition no entity shall allow or permit the same to be done by any agent, employee, tenant, occupant or other person or other entity connected with the controlled premises.
(B) The City Administrator shall have the authority to establish rules and regulations concerning the format and content of the engineering documents to be submitted to the City in evidence of compliance with this ordinance by the party changing, altering, or causing the discharge of such storm water.
(C) The following procedure has been developed to assist engineers and architects in meeting this policy.
CITY OF FARMINGTON, IL
DEVELOPMENT DRAINAGE POLICY
Rational Method: Q = C.I.A.
Q = Resultant Runoff
C = Coefficient of Runoff: grass = .30, paved = .95 (for R-1 constant of .35)
I = Intensity of rainfall – 4”/ Hour for 15 minute duration
A = Area in Acres
1. Calculate area of entire site (in acres)
2. Calculate area of paved surfaces (in acres)
3. Calculate area of green space (in acres)
4. C.I.A. = Q, c.f.s.* allowable (be sure to use coefficient of R-1 for C)
(.35) x (4) x (A) = Q.
5. To find if retention is needed, calculate the following:
A. Q1 = (.95) x (4) (area paved)
B. Q2 = (.30) x (4) (area green space)
6. Q1 + Q2 = c.f.s.* for site
7. Retention Requirements: (Q1 + Q2) – Q = Retention requirements in c.f.s.*
8. To calculate cubic feet in volume:
Total from line 7 x 15 x 60 = cubic feet in volume.
* c.f.s. = Cubic Feet per Second
10-9-5 PENALTY: Any person found in violation of Section 10-9-5, Control of Storm Water Run Off shall be fined no less than Seventy- Five Dollars ($75.00) for each violation. Each day that a violation exists shall constitute a separate violation.
Chapter 10
Enforcement
SECTION:
| 10-10-1: | Zoning Enforcing Officer |
| 10-10-2: | Building Permits; Certificates of Occupancy |
| 10-10-3: | Remedies |
| 10-10-4: | Penalty; Certificate of Occupancy |
10-10-1: ZONING ENFORCING OFFICER: This Title shall be administered and enforced by the Zoning Enforcing Officer who shall be appointed by the Mayor with the concurrence of the Council.
10-10-2: BUILDING PERMITS; CERTIFICATE OF OCCUPANCY:
(A) It shall be unlawful to commence the excavation for or the construction of any building, including accessory buildings, or to commence the moving or alteration of any buildings, including accessory buildings, until the Zoning Enforcing Officer has issued a building permit for such work.
(B) In applying to the Zoning Enforcing Officer for a building permit, the applicant shall submit a dimensioned sketch or scale plan indicating the shape, size, height, and location of all buildings to be erected, altered, or moved and of any building already on the lot. The applicant shall also state the existing and intended use of all such buildings and supply such other information as may be required by the Zoning Enforcing Officer for determining whether the provisions of this Title are being observed. This information shall include a bona fide cost estimate for the construction of the building with supporting documentation including a contractor’s estimate, bid or quotation and /or a listing of the building materials used for the cost for said materials. If the proposed excavation or construction as set forth in the application is in conformity with the provisions of this Title and other provisions of this Code, the Zoning Enforcing Officer shall issue a building permit for such excavation or construction. If a building permit is refused, the Zoning Enforcing Officer shall state such a refusal in writing, with the cause, and shall immediately forward such notice or refusal to the applicant. The Zoning Enforcing Officer shall grant or deny the permit within ten (10) days from the date the applications is submitted.
(C) The issuance of a building permit shall in no case be construed as waiving any provisions of this Title.
(D) A building permit shall become void ninety (90) days after issuance unless substantial progress has been made by that date on the project described herein.
(E) To partially defray the expense of administering this Title, a fee shall be collected by the Zoning Enforcing Officer in accordance with the following schedule.
Residential Uses:
Building permits for residential uses, including outbuildings constructed on residential lands, shall be Twenty Five Cents ($.25) per square foot, or part thereof, of the total construction cost.
Building permits for construction of decks used in residential settings shall be set as follows:
- A deck with Square Footage not exceeding 300 Sq. Ft. shall have a fee of Twenty Five Dollars ($25.00).
- A deck with Square Footage exceeding 300 Sq. Ft. and not exceeding 500 Sq. Ft. shall have a fee of Fifty Dollars ($50.00).
- A deck with Square Footage exceeding 500 Sq. Ft shall have a fee of Seventy Five Dollars ($75.00).
- Definition for this section:
A deck, for purpose of this section, shall mean a wooden or composite structure build upon elevated posts or a wooden or composite structure built upon the ground with the absence of walls or a roof structure to protect the owner from inclement weather.
Commercial and Industrial Uses:
Building permits for commercial and industrial uses, including outbuildings constructed on commercial or industrial lands, shall be shall be One Dollar ($1.00) per square foot, or part thereof, of the total construction cost. (Ordinance No. 2010-04, 2/15/2010).
Building Permits for pier type construction, commonly referred to as a “pole barn” building that its final purpose shall be used as “cold storage” only for the warehousing and storage of personal property, and that the interior shall remain unfinished, non-insulated and unheated shall be charged a permit fee of $0.10 (ten cents) per square foot. (Ordinance No. 2011-11, 09/19/11).
(F) No land or building or part thereof hereafter erected or altered in its use or structure shall be used until the Zoning Enforcing Officer shall have issued a certificate of occupancy indicating that such land, building, or part thereof, and the proposed use thereof are found to be in conformity with the provisions of this Title.
Within three (3) days after notification that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the Zoning Enforcing Officer to make a final inspection thereof and to issue a certificate of occupancy if the land, building, or part thereof, and the proposed use thereof are found to conform with the provisions of this Title; or if such certificate is refused, to state in writing, with the cause, and immediately forward such refusal to the applicant.
10-10-3: REMEDIES: In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any authorities of the City, in addition to other remedies, may institute any appropriate action or proceedings to prevent the occupancy of such building, structure, or land. (Ord. 69-3; 1969)
10-10-4: PENALTY: Any person found in violation of Section 10-10-2, “Building Permits; Certificates of Occupancy” shall be fined no less that fifty dollars ($50.00) for each violation. Each day that a violation exists shall constitute a separate violation. (Ordinance No.2007-14).
Chapter 11
Amendments
SECTION:
| 10-11-1: | Procedure |
| 10-11-2: | Approval of Planning Commission |
| 10-11-3: | Zoning to be Published |
10-11-1: PROCEDURE: The Mayor and Council may amend, supplement, change, modify or repeal the regulations, restrictions and boundaries as provided for in this Title.
A public hearing shall be held by the Planning Commission before adoption of any amendment, supplement, or change by the Council. Public notice of such public hearing shall be placed in a newspaper of general circulation within the community not more than thirty (30) days nor less than fifteen (15) days before the hearing.
In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately joining or across an alley there from, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, such protest being filed with he Clerk, the amendment shall not be passed except by a favorable vote of two-thirds (2/3) of all the members of the Council.
In order to partially defray the expenses of a zoning change public hearing, each person petitioning for a zoning change shall deposit with the Treasurer the sum of thirty-five dollars ($35.00). No part of such amount shall be refunded for failure of said amendment to be enacted into law.
10-11-2: APPROVAL OF PLANNING COMMISSION: No amendment shall become effective unless it is first submitted to and approved by the Planning Commission, or if disapproved, shall receive a two-thirds (2/3) majority vote of the entire Council.
10-11-3: ZONING MAP TO BE PUBLISHED: The council shall cause to be published no later than March 31 of each year a map clearly showing the existing zoning divisions and classifications. If in any calendar year there are no changes in zoning divisions, no map shall be published for such calendar year. (Ord. 69-3; 1969)
Chapter 12
Interpretation
SECTION:
| 10-12-1: | Interpretation |
10-12-1: INTERPRETATION: In the interpretation and application of this Title, the provisions contained herein shall be held to be minimum requirements, adopted for the promotion of public health, morals, safety, and general welfare. (Ord. 69-3; 1969)
Chapter 13
Swimming Pools
SECTION:
| 10-13-1: | Definition |
| 10-13-2: | Permits |
| 10-13-3: | Requirements |
10-13-1: DEFINITION: A swimming pool is any structure, container or excavation intended for or used for swimming or wading, located either above or below ground level and designed to hold water of a depth greater than twenty inches (20”).
10-13-2: PERMITS: All swimming pools, above or below ground, will require a building permit prior to construction or installation. The fee for such permit will be Twenty-Five Dollars ($25.00). (Ordinance 2010-04, 2/15/2010)
10-13-3: REQUIREMENTS: All swimming pools shall comply with the following:
(A) The minimum rear yard and front yard set back requirements as found in the Zoning Code shall be met for the district wherein the pool is located.
(B) The swimming pool shall comply with the side yard set back requirements found in the Zoning Code for the district wherein the pool is located; however, if there is a building on neighboring property located near the line, the pool shall be a minimum of ten feet (10’) from said building.
(C) A fence of privacy or security material shall be erected of a height of not less than six feet (6’) as measured from the ground level to the top of the fence. Said fences shall have a lockable entry.
(D) Drainage and overflow to be controlled by pool owner so as not to be harmful or damaging to adjacent property owners. (Ord. 83-2, 7-5-83)
Chapter 14
Satellite Earth Stations
SECTION:
| 10-14-1: | Commercial and Industrial Locations |
| 10-14-2: | Residential Locations |
| 10-14-3: | Variance |
10-14-1: COMMERCIAL AND INDUSTRIAL LOCATIONS: The earth stations shall be permitted as an accessory use in all commercial and industrial zoning districts under the following conditions:
(A) No part of the station shall be located within five feet (5’) from a property line in the rear or side yards.
(B) If installed in the front yard, no part of the station shall be located within fifteen feet (15’) of any property line.
(C) When the commercial or industrial lot is located within the same frontage as residentially zoned lots, then the requirements for residential districts under Section 10-14-2 shall apply.
10-14-2: RESIDENTIAL LOCATIONS: In all residential zoning districts satellite earth stations shall be permitted as an accessory use in accordance with the following provisions:
(A) Only one satellite earth station shall be permitted per lot, which is installed as a freestanding unit.
(B) Satellite earth stations over thirty-six inches (36”) in diameter shall only be installed as a freestanding unit.
(C) Any number of satellite earth stations with a diameter of thirty-six inches (36”) or less shall be permitted on a let provided they are mounted on the primary building (not an accessory building).
(D) No satellite earth station shall be located so as to impair the vision of traffic in alleys or corner lots.
(E) Satellite earth stations shall be prohibited in the side or front yards.
(F) No portion of an earth station in a rear yard shall be located closer than five feet (5’) from side yard or fifteen feet (15’) from rear yard property lines and one foot from any easement line.
(G) The height of a satellite earth station shall not exceed fourteen feet (14’).
(H) Permits: All stations will be considered structures and will require a building permit prior to installation or construction. The fee for the permit will be ten dollars ($10.00).
10-14-3: VARIANCE: The satellite earth station regulations for residential zoning districts may be varied when the Zoning Board of Appeals determines that such variance will benefit the applicant and will not be detrimental to the public or safety, nor to the use, enjoyments or value of the property in the near vicinity. Such a variance shall be granted only within the following guidelines:
(A) A side or front yard location may be permitted if a direct line of sight to the satellite cannot be obtained via the permitted rear yard location.
(B) If the earth station is placed in a side yard, no portion of the earth station shall be located closer than two feet (2’) from the side property line.
(C) If the satellite earth station is to be located in a front yard, no portion of the station shall be located closer than twenty feet (20’) from the front property line or closer than five feet (5’) from the side yard.
(D) In order to limit side or front yard locations, the height of earth station installations in the rear yard may be increased to secure a direct line of sight to the satellite. (Ord. 87-5, 5-4-87)
Chapter 15
Business District Zoning
SECTION:
| 10-15-1: | Business District Zoning |
10-15-1: BUSINESS DISTRICT ZONING: Refer to Title 3 Business Regulations Section 17 (Ordinance No. 2008-15)