Zoning, building permits and septic rules in Benton, Illinois

Benton’s own rules

• Building code adoptedAdopted (with conditions)

  Construction inside Benton city limits under Chapter 6 Building Regulations

  • Chapter 6 also adopts the Illinois State Plumbing Code, 2004 (6-1-5) and the National Electrical Code, 2011 edition (6-1-6), and the Illinois Accessibility Standards 1997 (6-1-8).
  • The copy is a 2016-dated upload that cites 2006 model codes; later adoptions or amendments were not verified.

  “the international building code - 2006 edition, adopted by the city in ordinance no. 1271”

• Local zoningPresent

  Land inside the corporate limits of Benton city, Illinois, under the city's own Chapter 40 Zoning Code

  • The code's territorial clause also reaches contiguous land up to 1.5 miles beyond the corporate limits, but only if the county has not adopted a zoning code; that land is outside Benton city and is not claimed here.
  • The code copy is a 2016-dated bentonil.com PDF; no later amendment history was verified.

  “the provisions of this code shall apply to that land located within the corporate limits of the city of benton, illinois”

• Zoning districtsPublished

  Zoning districts inside Benton city limits

  • Official zoning map is referenced in section 40-2-3; map itself not opened.
  • District list includes agricultural A-1 to A-4, residential R-1 to R-5, planned manufactured housing M-1 and travel trailer M-2, business, and industrial districts.

  “the zoning districts are established as follows: district designation agricultural - general agricultural - limited”

• Minimum dwelling sizeDistrict specific (with conditions)

  Single-family dwellings in the R-1 low density residential district of Benton city

  • Minimum floor area is exclusive of garage.

  minimum floor area: >= 1200 sq ft (exclusive of garage; R-1 only)

  “(g) minimum floor area. one thousand two hundred (1,200) square feet exclusive of garage.”

  One more reviewed finding on this topic

  • District specific (with conditions) — Dwellings in the R-5 rural estates district of Benton city

    “(f) minimum floor area. one thousand five hundred (1,500) square feet exclusive of garages.”

• Minimum lot sizeDistrict specific (with conditions)

  Single-family lots in the R-1 low density residential district of Benton city

  • Footnotes 9 and 10 qualify the 17,000 and 12,000 square-foot figures; the footnote text was not located, so the condition for the 12,000 sq ft alternative is unknown.
  • Maximum density three dwelling units per gross acre (40-3-31(a)).

  minimum lot area: >= 17000 sq ft (12,000 sq ft alternative per footnote 10 (condition not located)) · minimum lot width: >= 75 feet

  “(b) minimum lot area. seventeen thousand (17,000)9 square feet; twelve thousand (12,000)10 square feet.”

  2 more reviewed findings on this topic

  • District specific (with conditions) — Lots in the R-5 rural estates district of Benton city

    “40-3-26 lot requirements. (a) minimum lot area. one (1) acre. (b) minimum lot width. one hundred fifty (150) feet.”

  • District specific (with conditions) — Lots in the agricultural district whose lot requirements are section 40-3-11 (district letter not confirmed from the captured text)

    “40-3-11 lot requirements. (a) minimum lot area. ten (10) acres, except for: churches, and cemeteries in which case two (2) acres; and special uses as determined by the zoning and planning commission.”

• SetbacksDistrict specific (with conditions)

  Buildings on R-1 low density residential lots in Benton city

  • Side yard is measured as a share of lot width, not a fixed distance, with the stated minimum and maximum.

  minimum front yard: >= 35 feet · minimum rear yard: >= 20 feet · minimum side yard: >= 12 feet (10% of lot width; maximum 15 feet)

  “(e) minimum side yard. ten percent (10%) of lot width on each side but shall not be less than twelve (12) feet and need not be more than fifteen (15) feet.”

  One more reviewed finding on this topic

  • District specific (with conditions) — Buildings on R-5 rural estates lots in Benton city

    “(e) minimum side yard depth. forty (40) feet.”

• Building heightDistrict specific (with conditions)

  Buildings in the R-1 low density residential district of Benton city

  maximum height: <= 30 feet · maximum stories: <= 2 stories

  “(h) maximum height. thirty (30) feet. (i) maximum stories. two (2).”

  One more reviewed finding on this topic

  • District specific (with conditions) — Buildings in the R-5 rural estates district of Benton city

    “(g) maximum height. thirty (30) feet. (h) maximum stories. three (3).”

• Living in an RVLimited

  Travel trailers and RV-type units in the M-2 planned travel trailer district of Benton city

  • The district is for temporary location only, not to exceed 30 days.
  • Outside M-2 the city's text does not expressly allow RV occupancy; not inferred.

  maximum temporary stay: <= 30 days (M-2 planned travel trailer district only)

  “this district is created to provide space for the temporary (not to exceed thirty (30) days) location of travel trailers, mobile homes, pickup truck mounted camper type units or the like.”

• Camping on your landLimited

  Temporary camping with travel trailers in the M-2 planned travel trailer district of Benton city

  • Temporary location only, not to exceed 30 days, and only in the M-2 district.
  • Other camping rules not located.

  maximum temporary stay: <= 30 days (M-2 district only)

  “this district is created to provide space for the temporary (not to exceed thirty (30) days) location of travel trailers, mobile homes, pickup truck mounted camper type units or the like.”

• Manufactured homesLimited

  Mobile and manufactured homes in the M-1 planned manufactured housing district of Benton city

  • Area must be designated by rezoning through the zoning code amendment process.
  • Lot minimum 10 acres and lot width 200 feet; mobile homes must have access to public water and sanitary sewers (section 40-3-53).

  minimum lot area: >= 10 acres (M-1 district)

  “minimum lot area. ten (10) acres. minimum lot width. two hundred (200) feet.”

  One more reviewed finding on this topic

  • Prohibited — Mobile homes in the R-5 rural estates district of Benton city

    “any use more appropriate in another zone or zones including, but not limited to: (a) mobile homes”

• Mandatory utility hookupConditional

  Mobile homes inside the M-1 planned manufactured housing district of Benton city (not a general rule for new homes)

  • Listed as a prohibited use in M-1 section 40-3-53 when the mobile home has no access to public water and sanitary sewers.
  • Does not state a general rule for single-family homes in other districts.

  “agriculture, conventional dwelling units, industrial use, mobile homes not having access to public water and sanitary sewers”

• Permit feesPublished (with conditions)

  Building permits for construction inside Benton city limits

  • Permit fee is set by a formula: building sq/ft x cost per sq/ft x multiplier = permit fee; building multiplier 0.0015, electrical 0.0005, plumbing 0.0005.
  • Underground plumbing inspection fee $30.00; three-month permit extension fee $150.00; minimum electrical and plumbing permit fee $25.00.
  • Fee schedule is Exhibit A of Chapter 6, which was not opened. Copy is 2016-dated; confirm current fees with the city before relying on it.

  minimum building permit fee (new foundation required): >= 50 USD (formula fee applies otherwise; see conditions)

  “the minimum fee for a building permit shall be no less than fifty dollars ($50.00) for all structures where a new foundation is required.”

• Permit processPartial

  Building permit applications inside Benton city limits

  • Only a sprinkler-disclosure sentence and the two-year expiration rule were verified; full application steps, inspections and CO process were not located.
  • Permit application forms are on the city site (Application for Building Permit PDF), not opened.
  • Building permits expire two (2) years from date of issuance (6-1-4); fees are not refunded.

  “building permits shall expire two (2) years from date of issuance. fees paid will not be refunded.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Benton or Franklin County directly.

• Building permit — New construction inside Benton city limits
• Owner-builder exemption — Owner-builder permit rules inside Benton city limits
• Inspections — Inspections for construction inside Benton city limits
• Certificate of occupancy — Occupancy approval for new homes inside Benton city limits
• Lot coverage — Maximum lot coverage for lots inside Benton city limits

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.