The regulations of this chapter shall be officially
known and cited as the "Zoning Ordinance of McLean County, Illinois,"
although it may be referred to hereafter as the "zoning ordinance"
or "this chapter."
This chapter is enacted pursuant to the powers
granted and limitations imposed by the Constitution and laws of the
State of Illinois, including the statutory authority granted in Chapter
55 ILCS, as amended.
This chapter is adopted to promote the public
safety, health and general welfare of residents and visitors to McLean
County. More specifically, the regulations are intended to:
A.
Preserve and protect property rights throughout the
County;
B.
Regulate the location, height and size of all structures,
the amount of lot coverage, the size of setback areas and the density
of population;
C.
Divide the unincorporated area of the County into
zones and districts;
D.
Regulate and restrict the development and use of buildings
and land within each zoning district;
E.
Provide for the orderly growth and harmonious development
of McLean County consistent with established policies of the County;
F.
Secure proper arrangement of streets for efficient
traffic circulation through the coordination of existing and planned
streets, comprehensive plan, public facilities, and adjoining developed
land;
G.
Secure adequate provisions for water, drainage, and
sanitary sewer facilities based upon County, state, and federal requirements;
H.
Provide for agricultural uses in rural areas of the
County while providing for more intense land uses near the incorporated
places;
I.
Provide for urban uses outside incorporated places
in response to market demand, provided development standards do not
create a burden for the public;
J.
Secure safety from fire, flooding, panic, and other
dangers;
K.
Provide adequate light, air, sanitation, and drainage;
L.
Further the appropriate use of land and conservation
of natural resources;
M.
Attain the wise use, conservation, development, and
protection of the County's water, soil, wetlands, woodland, and wildlife
resources, and attain a balance between land uses and the ability
of the natural resource base to support and sustain such uses;
N.
Stabilize and protect wooded, flood-prone, and wetlands
areas and encourage the restoration of native prairie in open areas;
[Amended 6-17-2008]
O.
Encourage orderly growth while integrating new urban
areas into the fabric of the community, maintaining a high-quality
environment, and promoting fiscal responsibility;
P.
Bring about the gradual conformity of uses of land
to the comprehensive plan and zoning regulations set forth in this
chapter, and minimize the conflicts among uses of land and buildings;
and
Q.
Preserve, protect and encourage the development and
improvement of agricultural lands for the production of food and other
agricultural products.
[Amended 6-17-2008]
A.
The provisions of this chapter shall apply to the development of all structures and land within the unincorporated area of McLean County and shall be in conjunction with the provisions of Chapter 317, Subdivision of Land, of the Code of McLean County.
B.
It shall be unlawful to conduct development on any
parcel or the construction of any structure on a parcel until:
A.
Meanings and intent. All provisions, terms, phrases
and expressions contained in this chapter shall be construed according
to the stated purpose and intent of this chapter.
B.
Text. In case of any difference of meaning or implication
between the text of this and any heading, drawing, table or figure,
the text shall control.
C.
Computation of time. The time within which an act
is to be completed shall be computed by including the first day and
excluding the last day. In the computation of time for public hearing
notice, the day of the advertisement shall be counted and the day
of the hearing shall be excluded.
D.
Delegation of authority. Whenever a provision appears
requiring the head of a department or another office or employee of
the County to perform an act or duty, that provision shall be construed
as authorizing the department head or officer to delegate the responsibility
to subordinates, unless the terms of the provision specify otherwise.
E.
Technical and nontechnical words. Words and phrases
shall be construed according to the common and approved usage of the
language, but technical words and phrases that may have acquired a
peculiar and appropriate meaning in law shall be construed and understood
according to such meaning.
F.
Public officials and agencies. All public officials,
bodies, and agencies to which references are made are those of McLean
County, unless otherwise indicated.
A.
Conflict with other regulations. When the provisions
of this chapter are inconsistent with one another or when the provisions
of this chapter conflict with provisions found in other adopted ordinances
or regulations, the more restrictive provision shall govern.
B.
Conflict with private agreements. The regulations
of this chapter are not intended to abrogate, annul or otherwise interfere
with any easement, covenant or any other private agreement of legal
relationship, provided that when the provisions of this chapter impose
a greater restriction than imposed by such private agreement, the
provisions of this chapter shall control.
In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
for promotion of the public health, safety, morals, need, and welfare.
A.
Where the conditions imposed by any provision of this
chapter, upon the use of land or buildings or upon the bulk of buildings,
are either more restrictive or less restrictive than comparable conditions
imposed by any other provision of this chapter or of any other law,
ordinance, resolution, rule or regulation of any kind, the regulations
which are more restrictive or which impose higher standards or requirements
shall govern.
B.
No building, structure, or use which was not lawfully
existing at the time of the adoption of this chapter shall become
or be made lawful solely by reason of the adoption of this chapter;
and to the extent that and in any manner that said unlawful building,
structure, or use is in conflict with the requirements of this chapter,
said building, structure, or use remains unlawful hereunder.
C.
Nothing contained in this chapter shall be deemed
to be a consent, license, or permit to use any property or to locate,
construct, or maintain any building, structure, or facility or to
carry on any trade, industry, occupation, or activity.
D.
The provisions in this chapter are additional limitations
upon all other laws and ordinances, heretofore passed or which may
be passed hereafter, governing any subject matter in this chapter.
It is hereby declared to be the intention of
the County Board of McLean County that the provisions of this chapter
are separable, in accordance with the following:
A.
If any court of competent jurisdiction shall adjudge
any provision of this chapter or amendments thereto to be invalid,
such judgment shall not affect any other provisions of this chapter
or amendment thereto, not specifically included in said judgment.
B.
If any court of competent jurisdiction shall adjudge
invalid the application of any provision of this chapter or amendments
thereto to a particular property, building, or other structure, such
judgment shall not affect the application of said provision to any
other property, building, or structure not specifically included in
said judgment.
A.
All buildings or structures erected hereafter, all
uses of land, buildings, or structures established hereafter, all
structural alteration, relocation, or substantial improvement of existing
buildings, or structures occurring hereafter shall be subject to all
regulations of this chapter which are applicable to the zoning districts
in which such building, structure, use, or land shall be located;
except in a Residence District and the Agriculture District, a single-family
detached dwelling may be erected on a lot of record existing on or
before February 11, 1974, even though such lot does not conform with
width and area requirements for the district in which it is located,
and provided that there is compliance with all other regulations contained
in this chapter and other applicable McLean County ordinances, regulations
and codes.
B.
Where a construction permit for a building or structure
has been issued in accordance with this chapter, construction shall
be diligently pursued to completion. In this case, "diligently pursued"
shall mean that construction shall not cease for a period longer than
eight months.
[Amended 6-17-2008; 2-17-2015]
C.
Where the Director of Building and Zoning of McLean
County has issued a construction or use permit for a permitted use
or special use, such permit shall become null and void unless work
thereon is substantially underway within 180 days of the date of the
issuance of such permit, or within the period of time beyond 180 days
granted by the County Board. In this case, "substantially underway"
shall mean the foundation/base/poles are installed.
[Amended 6-17-2008; 2-17-2015]
D.
Manufactured homes/mobile homes or other trailers,
and/or portable buildings and structures shall not be permitted in
any district as a principal or accessory building or structure except
as follows:
[Added 2-20-2001]
(1)
Trailers or portable buildings and structures when
used by a contractor for an office or for the storage of materials
and/or equipment in the ordinary course of construction activities;
provided that such trailer or portable building or structure contains
no cooking or sleeping facilities and is removed from the premises
at the end of the construction contract.
(2)
Recreational vehicles licensed for travel on the highway
when lawfully located in a recreational vehicle park, institutional
camp or recreational camp as provided in this chapter; or when unoccupied
and unused, and lawfully stored or parked as otherwise provided in
this chapter.
(3)
Manufactured homes/mobile homes when located in an
approved manufactured home park as provided in this chapter.
(4)
Manufactured homes/mobile homes when used as a provisional
accessory residential use as permitted in the following section.
E.
One manufactured home/mobile home shall be permitted
as a provisional accessory residential use on a lot where a single-family
dwelling lawfully located thereon has been either destroyed or so
damaged by fire, explosion or natural disaster as to be uninhabitable
, subject to the following conditions and stipulations:
[Added 2-20-2001]
(1)
Such manufactured home/mobile home shall not be placed
on the lot nor shall it be occupied until the Director of Building
and Zoning has issued a provisional occupancy permit for such use.
Application for such permit shall be made by the owner of the lot
and shall be accompanied by a sworn affidavit certifying intent to
rebuild the destroyed or damaged dwelling and agreeing to the conditions
and stipulations of this section, certification of approval of the
required sewage disposal system and potable water supply by the McLean
County Health Department, evidence that posting of the surety required
herein has been accomplished, as listed in the McLean County Fee Ordinance,
and such other information as the Director of Building and Zoning
may require to determine compliance with this chapter.
[Amended 6-17-2008; 1-20-2015]
(2)
Such manufactured home/mobile home shall be occupied
only by the person(s) who was residing in the destroyed or damaged
dwelling when the destruction or damage occurred.
(3)
Such manufactured home/mobile home shall have a floor
area of at least 400 square feet, shall contain a built-in toilet
and bathing facilities, shall be connected to a potable water supply
and a sewage disposal system, both approved by the McLean County Health
Department, and shall be located on the lot in compliance with requirements
of this chapter for the location of an accessory building.
(4)
Such manufactured home/mobile home may be placed on
the lot only if it is so placed and residential occupancy begun within
the first 30 days immediately following the occurrence of the destruction
or damage.
(5)
Time on lot.
(a)
Such manufactured home/mobile home shall not
remain on the lot:
[1]
More than 30 days following its placement thereon
unless a valid construction permit as required by this chapter has
been acquired for the repair or replacement of the damaged or destroyed
dwelling on the same lot;
[2]
More than 120 days after the issuance of such
construction permit unless the repair or construction authorized by
such permit is substantially underway; and
[3]
More than one year after the occurrence of the
destruction or damage, or beyond the time the repair or reconstruction
of the dwelling is at a stage where the dwelling can reasonably be
occupied, whichever comes first.
(b)
If such manufactured home/mobile home remains on the lot beyond any of the times specified in Subsection E(5)(a)[1], [2] or [3] above, the surety shall be forfeited, in addition to other remedies provided by law.
(6)
A surety deposit in the amount of $1,500 in cash money or certified check shall be deposited with the Treasurer of McLean County by the owner of the lot where such manufactured home/mobile home is proposed to be located. The Treasurer shall place such deposit in the Zoning Surety Deposit Fund. The surety deposit shall be forfeited and placed in the McLean County General Corporate Fund upon certification by the Director of Building and Zoning that such manufactured home/mobile home has remained on the lot beyond any of the times specified in Subsection E(5)(a) above. In the event that removal of the manufactured home/mobile home from the lot in compliance with Subsection E(5)(a) is accomplished, the surety deposit shall be returned to the lot owner no sooner than 10 days and no longer than 30 days after such removal has been certified by the Director of Building and Zoning.
F.
Whenever any trustee of a land trust makes application
to the County of McLean under the regulations of the McLean County
Zoning Ordinance relating to the land which is the subject of such
trust, such application shall identify each beneficiary of such land
trust by name and address and define his or her interest therein.
All such applications shall be verified by the applicant in his capacity
as a trustee, or by the beneficiary as a beneficial owner of interest
in such land trust. If a body politic or other corporate entity files
such application, a duly authorized officer of such body politic or
other corporate entity for whom such application is made shall verify
it.
[Added 6-18-2002]
No building shall hereafter be erected unless
it is on at least one lot, as herein defined, except in industrial
districts where a lot may contain more than one principal building.
Any condition conducive to the breeding of rodents
or insects or any other dangerous, noxious, injurious or objectionable
condition, substance or element which would create any hazard to public
health, peace or comfort, or hinder the appropriate use of land, shall
be prohibited.
Both sewerage and water systems shall be required
to serve single-family detached dwellings hereafter established on
lots, parcels, or tracts having less than 22,500 square feet in area.
Such lots shall be served by public or community sewer and water systems.
A.
Greater lot areas may be required in specific instances
in order to conform with the required standards for installation of
individual sewage treatment and water systems as set forth in Illinois
statutes and other applicable McLean County ordinances or codes.
B.
A single-family dwelling may be hereafter established in a Residence or Agriculture District on a parcel or tract of land or a lot in a subdivision which in each case was of record on February 11, 1974, even though such parcel, tract or lot does not have the lot area as required in Article V, provided such parcel, tract or lot has sufficient area to conform with the required standards for installation of individual sewage treatment and water systems as set forth in Illinois statutes and other applicable McLean County ordinance or codes.
C.
Parcels, tracts or lots where other than single-family
dwellings are to be established shall be of sufficient area to provide
adequate areas on the lot and adjacent lots that are not covered by
buildings, structures or pavements, for the installation thereon of
individual sewage treatment and water systems in accordance with standards
for such installations as set forth in Illinois statutes and other
applicable McLean County ordinances or codes.
The following structures and uses shall be exempt
from the provisions of these regulations:
A.
Poles, towers (except for telecommunications towers),
wires, cables, conduits, vaults, laterals, pipes, mains, valves, or
other similar equipment for the distribution to consumers or to or
by wholesalers of telephone or other communications, electricity,
gas, or water, or the collection of sewage or surface water;
[Amended 6-18-2002]
B.
Underground storage of natural gas by a public utility
as defined in the applicable statutes of the State of Illinois;
D.
Railroad tracks, signals, signs, bridges, and similar
facilities and equipment located on a railroad right-of-way, and maintenance
and repair work on such facilities and equipment;
E.
Agricultural uses as defined by these regulations
or with respect to the erection, maintenance, repair, alteration,
remodeling or extension of buildings or structures for such agricultural
uses;
[Amended 2-20-2001]
(1)
Setback lines for buildings and structures for agricultural
purposes which are exempted from other regulations of this chapter
shall be as follows:
(a)
Land adjoining a township road: 60 feet from
the center line of such road if the road right-of-way is 60 feet or
less in width, or 30 feet from the adjacent right-of-way line if the
road right-of-way exceeds 60 feet in width.
(b)
Land adjoining a collector street as designated
in the Comprehensive Plan, a County, state or federal highway: 70
feet from the center line of such highway if the highway right-of-way
is 80 feet or less in width, or 30 feet from the adjacent right-of-way
line if the highway right-of-way exceeds 80 feet in width.
(c)
In addition, on the inside corner at an intersection
of two roads or highways, or a deflection resulting in an interior
angle of 120° or less in a single road or highway, there shall
be a setback extending between two points on the center line of such
roads or highways, such points being 200 feet from the intersection
of the two center lines.
(2)
In the event that any structure or land ceases to
be used only for agriculture, then such structure or land shall be
subject to this chapter.
G.
Retaining walls; and
[Amended 6-17-2008]
H.
The temporary use of land for the installation, maintenance
and operation of facilities used by contractors in the ordinary course
of construction activities, except that such facilities shall be required
to be located not less than 300 feet from any building used for residential
purposes, and except that the period of such temporary use shall not
exceed the duration of the construction contract. Types of facilities
used by contractors in the ordinary course of construction activities
shall include but not be limited to a contractor's office or equipment
sheds. All such facilities used by contractors in the ordinary course
of construction activities shall be located on the same lot where
such construction is occurring or on a contiguous lot.
[Added 2-20-2001]
Setback lines shall be maintained on all lots
abutting a street. Such setback lines on lots abutting streets shall
be set back the distance required for a front yard or side yard abutting
a street in the districts where such lots are located, except on one
side of a street within the length of a block or a distance of not
more than 1,800 feet within the block, whichever is less, where there
are existing buildings, structures or uses occupying more than 30%
of such street frontage, the setback lines for new buildings, structures,
or uses may be set back a distance equivalent to not less than the
average setback of such existing buildings, structures, or uses, but
not less than 27 feet or they need not be more than 50 feet.
