Zoning

Zoning Board of Appeals

Zoning Map

What is zoning?

Zoning is a tool employed by the City of Mount Carmel to assist the community in responsible and planned growth. Zoning designations provide parameters and guidance on the types of buildings or land use that is allowed in every zone district. In general, uses include a variety of residential, commercial, industrial, and recreational land uses. Zoning can be found in Mount Carmel's Municipal Code.


What is the purpose of zoning?

The purpose of zoning is to prevent incompatible land uses from being sited too close to each other, such as a heavy industrial use next to a residential neighborhood. For all cases, the City considers, among other things, whether a proposed rezoning would be detrimental or injurious to the public health, safety, morals or general welfare of The City of Mount Carmel. The City of Mount Carmel has the right to administer zoning up to 1 ½ miles outside its incorporated city.

What is my property zoned?

A copy of the Zoning Map is located in the office of the City Inspector. You can also see a copy of the map here: Zoning Map

Zoning Districts in Mount Carmel

The provisions of this ordinance are cumulative. 

  • A-AGRICULTURAL DISTRICT
  • R-1 SINGLE-FAMILY DWELLING DISTRICTS
  • R-5 SINGLE-FAMILY DWELLING DISTRICTS
  • R-2 SINGLE-FAMILY DWELLING DISTRICT
  • R-3 TWO-FAMILY DWELLING DISTRICT
  • R-4 MULTIPLE-FAMILY DWELLING DISTRICT
  • B-1 OUTLYING BUSINESS DISTRICT
  • B-2 CENTRAL BUSINESS DISTRICT
  • B-3 RESTRICTED BUSINESS DISTRICT
  • I-INDUSTRIAL DISTRICT
  • SPECIAL DISTRICT

Besides designating a zone district for a particular set of land uses, zoning laws also prevent the close proximity of incompatible structures, activities, or uses. Zoning must be consistent with the City’s adopted Comprehensive Plan which contains the overall goals and policies for each land use designation.


What does my zoning allow me to do?

The City of Mount Carmel’s Zoning ordinance ( Appendix A Zoning ) contains a table of “Zoning District Uses,” which references specific ways a property can be used based on its zoning. If you have a use in mind that is not specifically listed in the table, you may request the Zoning Enforcement Officer make a determination as to which zoning district the proposed use would be allowed in.


How do I change my property’s zoning?

The zoning districts were created through the City of Mount Carmel’s comprehensive plan. In order to change specific uses in your zoning, get a special use, or get a variation, you must submit a completed zoning petition application to the Department of Code Enforcement. Once a submission is determined to be accurate and complete, a public hearing date will be assigned before the Zoning Board of Appeals. Upon conclusion of the hearing, the hearing body will make a recommendation. That recommendation is then sent to the City of Mount Carmel’s Mayor and Council (in the form of an ordinance) for a final vote. The process typically takes a minimum of three months. 


Why does it take so long?

The total time to go through the zoning process varies by petition type, but most take three to four months from the submittal of a complete application. After a zoning petition application is received, it is researched and reviewed by Staff, which can take one to two weeks. The petitioner may be required to supply additional information based on Staff comments. Once all pertinent information has been received, Staff will prepare the petition and legal notices. Special use permit applications are scheduled for site plan review by the City Clerk’s Office. Applications, including special use with approved site plans, are then assigned a hearing date. Zoning Board meetings are the second Tuesday of each month. Because legal notice is required to be sent out at least 15 days prior to a hearing, dates are assigned more than two weeks out, and sometimes significantly longer, depending upon the number hearing dates already filled. Some hearings before the Zoning Board of Appeals will not be voted upon on the day of the hearing, depending on the complexity of the request. These hearings will be continued to additional hearing dates as needed. In most cases a special use permit will have a minimum of two hearing dates. After a vote is made and a recommendation is put forward by the Zoning Board of Appeals and a transcript of the hearing is prepared, an ordinance is forwarded to the next available Council meeting.


Can I request a change in allowed uses before I purchase a property?

In order for you to request a change in the zoning requirements you must have a vested interest in the property. some cases individuals are interested in buying a property, but only if can be used for the new desired use. A request of this type is allowed with the cooperation of the owner. The buyer can handle all zoning matters (outside of owner signatures) as long as he or she is listed in the petition as the contract purchaser. Remember, not every seller will be interested in waiting several months without knowing if they will be able to sell their property.


How much will it cost?

The application fee is $100  established by the City Council: 
There are other costs outside of the petition fee. If the City Council approves the application, then there is a recording fee with the County Clerk’s Office.

Who presides over hearings?

Petitions that seek a change in zoning requirements a special use or variance are heard by the Zoning Board of Appeals. These bodies hear testimony and review evidence for and against a proposed change. At a hearing's conclusion, the hearing body makes a recommendation which may be “positive”, “negative”, or “no recommendation.”


Who ultimately decides if a property will be rezoned?

After a recommendation is made by the Zoning Board of Appeals, Mount Carmel City Council will vote on the proposed ordinance. In most cases, a simple majority of those present voting yes will pass the ordinance. In certain instances, an ordinance may need three-quarters of those present to vote yes for the ordinance to pass.

What are my chances of getting my zoning requirement changed?

The likelihood of getting your zoning changed depends on dozens of variables. Primary consideration is given to a petitioner’s ability to effectively demonstrate that their request meets the standards outlined in the Zoning Ordinances Special Uses. Input from neighbors, city departments, In short, there are no guarantees and all fees must be paid before the final vote is taken.


Who is required to be notified of a hearing?

Notification by certified mail is required to be sent to adjoining property owners and interested official bodies. Additionally, a legal notice must be published in a newspaper.


When and where are hearings held?

All hearings are held at Mount Carmel City Hall Building. The address of the building is 631 N Market Street, Mount Carmel, Illinois 62863. Hearings are typically scheduled on the second Tuesday of each month at 5:00 p.m. for the Zoning Board of Appeals. The Mount Carmel City Council meetings are held twice a month, every other Monday at 5:00 p.m. Check the calendar for the current schedule of council meetings.


Who can attend and speak at a hearing?

Hearings are open to anyone who would like to attend. At designated points in the hearing, the chairman or hearing officer will call on the public to see if they have any questions of the petitioner (or witness). At another point, the public will be able to make statements for the record.
 

Zoning Ordinances:

Board of Appeals ,  Special UseExceptions and VarianceNon-Conforming Use

Zoning Permits 

Zoning Permits 2006 to 2019

Email: mgidcumb [at] cityofmtcarmel.com (subject: City%20Inspector) (City Inspector)

Frequently Asked Questions

Are there any restrictions on Mobile Homes?

Yes there are restrictions on Mobile Homes. No mobile home may be placed any were in the city except an Illinois Licensed Trailer Park  with out a special use permit.

A trailer cannot be placed on a lot without first applying for a special use permit.

  • In order to apply for the permit, the lot would have to be in an Agricultural district, R-3 district, R-4 district or a B-1 District.
  • The lot has to be at least 4,000 square feet.
  • The trailer would have to be no older than 15 years old (2005).
  • The trailer could not be used as a rental property
  • The applicant must have a vested interest in the property

If the above criteria is met then an application can be turned in applying for the special use permit.

  • First step is fill out the permit application.
  • The application fee of $100 is non-refundable
  • Each contiguous property owner will be sent notice of the zoning board of appeals meeting.
  • A public notice will be published with the zoning board information in the paper no less than 15 days prior to meeting and no more than 30 days prior to meeting.

Zoning Board of Appeals Process

  • Zoning Board meets on the 2nd Tuesday of each month.
  • Once zoning board meeting is set the applicant will be required to attend, they will petition the zoning board to allow the special use to place a trailer on the property.
  • Anyone wishing to be heard for or against will be allowed to speak at the meeting. 
  • The Zoning board will decide to recommend, or not recommend application to the City Council.
  • The application will be forwarded to the city council at the next available meeting.

City Council Process

  • The application and recommendation of the Zoning Board of Appeals will be presented to the City Council for a vote.
  • The applicant must be present at the City Council meeting. 
  • If the Zoning Board of Appeals Recommends the application
    • The City Council may approve the application with a majority vote.
  • If the Zoning Board of Appeals does not recommend the application.
    • The City Council may approve the application with a 4/5 vote.

If application is approved by the City Council 

  • An ordinance will be passed allowing the special use
  • The ordinance will be recorded at the court house with the following conditions:
    • The trailer is only to be occupied by the applicant or applicants.
    • The trailer must be underpinned within 30 days of placement.
    • If the applicant were to move or no longer reside at the property the trailer would have to be moved within 90 days.

 

For more information Call The City Inspector at (618) 262-4822

Can I operate a business out of my home?

Some limited home occupations are permitted with a Conditional Use Permit through the zoning board of appeals and then approved by the City Council. See our Zoning Page for more information

Can we raise Chickens inside the City limits?

The short answer is no livestock or poultry may not be held inside the city limits of Mount Carmel.

The exception to this rule is you must have a fenced tract of land containing not less than 10 acres and having an average width of not less than 300 feet, but in no event shall such livestock or poultry be housed or confined within 200 feet of a tract of land that is  one acre or less, containing a single-family residence. Then if you meet the criteria listed you may only raise quantities reasonably sufficient for the immediate consumption by the occupants of the premises.

Does the City of Mount Carmel have a sign ordinance?

Yes. Signs and Billboards must be permitted within the corporate city limits.Sign/Billboard Application

An application for signs must be completed and turned into the City Inspector. The application must contain a depiction of the proposed sign, dimensions of the proposed sign, along with the completed application. 

A sign application can be approved by the City Inspector and the City Administrator without going before the full council. Billboards must be presented to the council for approval.

Billboards Ordinance:

Sec. 16-10. - Billboards.

No billboard shall be constructed in any zoning district created by the city, without first being approved by the city council of the city. The city council shall be under no obligation to grant such approval. However, when granting such approval, the city council of the city may impose such conditions and restrictions upon such approval as the city council may deem appropriate.

How do I find out how a particular property is zoned?

We have a link to a zoning map on our website. Follow this link: Zoning Map

The zoning map is also house in the office of the City Inspector located at 631 N Market Street.

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