Words and terms used in this chapter shall be given the meanings in this article. All words not defined in this article or in other articles herein shall be given their common, ordinary meanings as the context may reasonably suggest. In case of a dispute over the meaning of a term not defined in this chapter or over the application of a definition that is set forth, the Director of Building and Zoning shall give a written interpretation in accordance with Article II.
A.Â
Words used in the present tense shall include the
future; and words used in the singular number shall include the plural
number and the plural the singular.
B.Â
The word "shall" is mandatory and not discretionary.
C.Â
The word "may" is permissive.
D.Â
The word "lot" shall include the words "piece," "parcel"
and "tract"; and the phrase "used for" shall include the phrases "arranged
for," "designed for," "intended for," "maintained for" and "occupied
for."
E.Â
All measured differences shall be to the nearest integral
foot. (If a fraction is six inches or less, the integral foot next
below shall be taken.)
F.Â
Any words not defined as follows shall be construed
in their generally accepted meanings as defined in the most recent
publication of Merriam Webster's Dictionary.
This article contains definitions of general
terms, use types and sign terminology used throughout the text of
this chapter. The use definitions are mutually exclusive, which means
that uses that are specifically defined shall not also be considered
to be a part of a more general definition of a use type. An "adult
bookstore," for example, shall not be considered a "retail sales and
service" use, since "adult bookstore" is a more specific definition
of the use.
[Amended 2-20-2001; 6-18-2002; 9-19-2006; 6-17-2008; 2-17-2015]
Except as otherwise provided in § 350-41 for terms used in relation to the FP Floodplain Overlay District, as used in this chapter, the following terms shall have the meanings indicated:
Having one or more common boundary lines or district lines.
A person 18 years and older.
An establishment having as 10% or more of its stock-in-trade
books, photographs, magazines, films for sale or viewing on the premises
by use of motion-picture devices, or other coin-operated means, or
other periodicals which are distinguished or characterized by their
principal emphasis on matters depicting, describing or relating to
specified sexual activities as said term is defined herein.
A "modeling studio," "adult bookstore," "adult entertainment
facility," "bathhouse" or "massage parlor" as defined herein.
Any building, structure or facility which contains or is
used entirely or partially for commercial entertainment, including
theaters used for presenting live presentations, videotapes or films
predominantly distinguished or characterized by their principal emphasis
on matters depicting, describing, or relating to specified sexual
activities, as said term is defined herein, and exotic dance facilities
(regardless of whether the theater or facility provides a live presentation,
videotape or film presentation), where the patrons either: (1) engage
in personal contact with or allow personal contact by employees, devices
or equipment, or by personnel provided by the establishment which
appeals to the prurient interest of the patrons; or (2) observe any
live presentation, videotape or film presentation of persons wholly
or partially nude with their genitals or pubic region exposed or covered
only with transparent or opaque covering, or in the case of female
persons with the areola and nipple of the breast exposed or covered
only with transparent or opaque covering, or to observe specified
sexual activities as said term is defined herein.
The initial processing of crop-based agricultural products
that is reasonably required to take place in close proximity to the
site where such products are produced. Typical uses include grain
elevators and grain mills.
An establishment primarily engaged in the sale or rental
of farm tools and implements, feed and grain, tack, animal care products
and farm supplies. This definition excludes the sale of large implements,
such as tractors and combines, but includes food sales and farm machinery
repair services that are accessory to the principal use.
A commercial enterprise at a working farm conducted for the
enjoyment or education of visitors, and that generates supplemental
income and involves agriculturally based operations or activity that
brings visitors to a farm. Uses may include but are not limited to
the following: corn maze, pony rides, display of farm animals, farm
tours, hay rack rides, demonstrations and display of typical farm
operations/activities, annual agriculture-related festivals or fairs,
farm stands or shops, U-pick, farm stays, on-farm classes, pumpkin
patches, Christmas tree farms, orchard dinners, youth camps, barn
dances, hunting or fishing guest ranches. Accessory uses may include
sale of food and refreshments for consumption on site, sale of products
grown in the area and products where value is added to such products,
sale of tourist products made in the area and playgrounds. Agricultural
tourism includes any activities allowable at a rural specialty facility.
[Amended 6-17-2014; 2-21-2017]
The use of a tract of land which is one of the
following:
The growing, harvesting and storage of crops,
including but not limited to legumes, hay, grain, fruit, vegetables,
flowers, trees, bushes;
The feeding, breeding and management of fish,
livestock, poultry or fur-bearing animals other than those uses which
are defined as "animal feeding operations";
Dairying;
Any other agricultural or horticultural use
or combination thereof, including, without limitation, bee keeping,
aquaculture, silviculture, and any other activities customarily engaged
in by persons engaged in the business of farming; or
Buildings for protecting or storing farm machinery
or equipment and for housing and preparing livestock or poultry for
market.
Whenever a structure is being constructed as
an agricultural building on parcels of less than 40 acres of tillable
land, the applicant shall submit to the Director of Building and Zoning
a signed statement upon a form prescribed by the Director of Building
and Zoning attesting to the authenticity of the agricultural use.
The burden of proof that the parcel is a genuine agricultural operation
is placed on the applicant. It shall be deemed a genuine agricultural
use if substantial income is generated from agricultural activities
on the parcel.
Any contrivance, now known or hereafter invented, for use
or designed for flight in air.
Any public or privately owned or operated ground facility
designed to accommodate landing and take-off operations of aircraft,
including all taxiways, aircraft storage and tie-down areas, hangers
and other buildings and open spaces.
A public right-of-way which is less than 30 feet (nine meters)
wide and affords a secondary means of access to abutting property.
Frontage on an alley shall not be construed as satisfying the requirements
related to frontage on a public street.
A change in shape, location, character, occupancy or use
of a building or structure.
A use providing animal care, veterinary services or boarding.
See "animal care, limited" and "kennel."
A use providing animal care, boarding and veterinary services
for household pets, with no outside animal runs. See "animal care,
general" and "kennel."
The owner or duly designated representative of land for which
a rezoning special use permit, amendment, variance, construction permit,
or occupancy permit has been requested. If the applicant is a person
other than the owner, consent in writing shall be required from the
legal owner of the premises.
A street that provides for through traffic movement between
and around areas, with restricted access to abutting property and
subject to necessary control of entrances and exits.
An establishment engaged in the manufacture, mixing, batching
or recycling of asphalt, asphaltic cement, cement or concrete products.
Multifamily dwelling units used or designed to be used by
older persons, persons with HIV, persons with disabilities or other
persons needing or desiring assistance with day-to-day living matters,
but not including group homes, group residential, hospitals or convalescent
care facilities. Typical uses include retirement communities in which
housekeeping services, common dining facilities, and recreational
and social activities are offered to residents.
An open, partially enclosed or fully enclosed facility used
or intended to be used primarily for spectator sports, entertainment
events, expositions and other public gatherings. Typical uses include
convention and exhibition halls, meeting halls, sports arenas and
amphitheaters.
A mechanized consumer banking device operated by a bank or
financial institution for the convenience of its customers, whether
outside or in an access-controlled facility. ATMs located within a
building shall be considered accessory to the principal use unless
the ATM is likely to be an independent traffic generator.
A rooflike mechanism, retractable in operation and covered
with flexible textured material, which projects from the wall of a
building.
Establishments engaged in deposit banking. Typical uses include
commercial banks, savings institutions and credit unions. Banks and
financial institutions also include automated teller machines.
An establishment in which the primary function is the sale
and serving of alcoholic and cereal malt beverages for consumption
on the premises, including establishments commonly known as "cocktail
lounges" and "nightclubs" but excluding those establishments that
would otherwise be defined as an "adult entertainment facility."
That portion of a building having 1/2 or more of its floor-to-ceiling
height below the average grade of the ground immediately adjacent
to its walls.
An establishment engaged in the basic processing and manufacturing
of materials or products predominately from extracted or raw materials.
Typical uses include distilleries; pulp processing and paper products
manufacturing; glass manufacturing; brick manufacturing; steel works;
tanneries; acid manufacturing; cement, lime, gypsum, or plaster of
paris manufacturing; fertilizer or chemical manufacturing; and petroleum
refineries.
An establishment or business which provides the services
of baths of all kinds, including all forms and methods of hydrotherapy,
unless operated or supervised by a medical or chiropractic practitioner
or professional physical therapist licensed by the state.
An operator-occupied residence providing accommodations for
a charge to the public with no more than five guest rooms for rent,
in operation for more than 10 consecutive nights in a twelve-month
period. Breakfast may be provided to the guests only. Bed-and-breakfast
establishments shall not include motels, hotels, boardinghouses or
food service establishments.
A tract of land bounded by public streets, or by a combination
of streets and public parks, cemeteries, railroad rights-of-way, rivers
and lakes and/or other lines of demarcation. A block may be located
in part within an incorporated city or village.
An establishment that is engaged in the retail or wholesale
sale or rental, from the premises, of boats and boat trailers along
with service, storage or maintenance activities.
[Added 3-26-2020]
A facility comprising a building or buildings used for the
manufacturing, blending, fermenting, processing, and packaging of
alcoholic beverages and may include a tasting room, retail space,
and food service as an accessory use on the site.
[Added 6-16-2015]
Any permanently fixed structure used or intended for supporting
or sheltering any use or occupancy. Except in the Floodplain Overlay
District, the term "building" or "structure" does not include recreational
vehicles or trailers.
A structure that:
A building separated on all sides from the adjacent open
space, or from other structures, by a permanent roof and by exterior
or party walls, pierced only by windows and normal entrance or exit
doors.
The area of a lot covered by buildings or roofed areas, as
measured along the outside wall at ground level, and including all
projections, other than open porches, fire escapes, canopies and the
first three feet of a roof overhang. Ground-level parking, open recreation
areas, patios and plazas shall not be counted as building coverage.
A building which is not connected to any other building or
structure.
The vertical distance from the curb level to the highest
point of the underside of the ceiling beams in the case of a flat
roof; to the deck line of a mansard roof; and to the mean level of
the underside of the rafters between the top of the ceiling joists
and the ridge of a gable, hip or gambrel roof. Chimneys, spires, towers,
elevators or other accessory equipment, penthouses, tanks or other
similar projections shall not be included in calculating the height.
Freestanding chimney towers, poles and tanks, when function is related
to height, shall also not be included in calculating building height.
An imaginary line running parallel to a lot line, that is
the same distance from the lot line as the closest portion of a building
on the site.
A building in which a principal use is conducted.
A building which is arranged, designed, used or intended
to be used for residential occupancy by one or more families or lodgers.
Any building not designed to be permanently affixed to any
given location.
The term used to indicate the size and setbacks of buildings
or structures and the location of same with respect to one another
and lot lines. This term includes regulations dealing with the following:
Any occupation, employment or enterprise wherein merchandise
is exhibited or sold, or which occupies time, attention, labor and
materials or where services are offered for compensation.
A camp operated by a service club, an educational organization
or a religious organization.
A tract of land, the principal use of which is to provide
outdoor recreational camping facilities for three or more tents and/or
recreational vehicles for persons having a bona fide permanent place
of abode.
An organization or business that is licensed by the Department
of Agriculture to cultivate, dry, cure and package cannabis and perform
other necessary activities to make cannabis available for sale at
a dispensing organization or use by a processing organization under
the State Cannabis Act.[1]
[Added 1-21-2020]
A facility operated by an organization or business that is
licensed by the Department of Agriculture to cultivate, process, transport
and perform other necessary activities to provide cannabis and cannabis-infused
products to cannabis business establishments under the State Cannabis
Act.
[Added 1-21-2020]
A facility operated by an organization or business that is
licensed by the Department of Financial and Professional Regulation
to acquire cannabis from a cultivation center, craft grower, processing
organization, or another dispensary for the purpose of selling or
dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia,
or related supplies to purchasers or to qualified registered medical
cannabis patients and caregivers under the State Cannabis Act.
[Added 1-21-2020]
A facility operated by an organization or business that is
licensed by the Department of Agriculture to directly incorporate
cannabis or cannabis concentrate into a product formulation to produce
a cannabis-infused product under the State Cannabis Act.
[Added 1-21-2020]
A facility operated by an organization or business that is
licensed by the Department of Agriculture to either extract constituent
chemicals or compounds to produce cannabis concentrate or incorporate
cannabis or cannabis concentrate into a product formulation to produce
a cannabis product under the State Cannabis Act.
[Added 1-21-2020]
A facility operated by an organization or business that is
licensed by the Department of Agriculture to transport cannabis on
behalf of a cannabis business establishment or a community college
licensed under the Community College Cannabis Vocational Training
Pilot Program under the State Cannabis Act.
[Added 1-21-2020]
The subsurface injection of carbon dioxide (CO2) into deep
rock formations. This long-term underground storage is called geologic
sequestration. Geologic sequestration refers to technologies to reduce
CO2 emissions to the atmosphere and mitigate climate change.
[Added 5-11-2023]
A roofed automobile shelter having at least two open sides.
An establishment primarily engaged in cleaning or detailing
motor vehicles, whether by self-service, automatic or by hand.
An establishment engaged in the preparation of food and beverages
for consumption at another location. Catering shall not include the
manufacturing of food as defined in "food/bakery product manufacturing."
Land used or intended to be used for burial or cremation
of the dead, whether human or animal, including a mausoleum or columbarium.
A sanitary sewer system that is designed to provide treatment
of sanitary sewage from multiple uses.
Any person under 18 years of age. For purposes of admission
to and residence in child-care institutions and maternity centers,
the term also means any person under 21 years of age who is referred
by a parent or guardian, including any agency having responsibility
for a person pursuant to Act 405, the Juvenile Court Act of 1987 (705
ILCS 405/1-1).
Any person, group of persons, agency, association or organization,
whether established for gain or otherwise, who or which receives or
arranges for care or placement of one or more children, unrelated
to the operator of the facility, apart from parents, with or without
the transfer of the right to custody in any facility as defined in
the Child Care Act of 1969 (225 ILCS 10/1 et seq.) established and
maintained for the care of children.
A child-care facility where more than five children are received
and maintained for the purpose of providing them with care or training
or both. The term "child-care institution" includes residential schools,
primarily serving ambulatory handicapped children, and those operating
a full calendar year, but does not include such facilities excluded
from the definition of "child-care institution" as cited in the Illinois
Child Care Act of 1969 (225 ILCS 10/1 et seq.).
A site used by a bona fide religious group primarily or exclusively
for religious worship and related religious services, including a
place of worship or retreat site. This definition shall not include
church camps or other types of camps as are defined by "camp, institutional"
herein.
The lowest temperature at which a combustible liquid, under
prescribed conditions, will give off a flammable vapor which will
burn immediately.
A use providing meeting, recreational, or social facilities
for a private association, primarily for use by members and guests.
Typical uses include private social clubs, lodges, and fraternal organizations.
A street that provides for traffic movement between arterial
roads and local streets, with direct access to abutting property.
An institution of higher education offering undergraduate
or graduate degrees.
The C Commercial District as identified in Article IV.
The Land Use and Development Committee of the County Board
of McLean County, Illinois.
The biological treatment process by which microorganisms
decompose the organic fraction of waste; the process of composting.
Includes the composite of the functional and geographic elements
of the Comprehensive Plan of McLean County, Illinois, or any future
version thereof, or any segment thereof in the form of plans, maps,
charts, and textual materials, as adopted by the County Board.
An establishment engaged in the retail or wholesale sale
of materials used in the construction of buildings or other structures,
and the outdoor storage of construction equipment or materials on
lots other than construction sites. Typical uses include lumberyards,
home improvement centers, lawn and garden supply stores, electrical,
plumbing, air conditioning, and heating supply stores, swimming pool
sales, construction contractors' storage yards and construction equipment
rental establishments.
A building and/or property where materials and equipment
used by contractors are stored and repaired. The contractor's office
may also be located within the building or on the same property.
[Amended 6-16-2015]
A facility providing housing and care for individuals confined
for violations of law.
McLean County, Illinois.
The County Board of McLean County, Illinois.
The registered professional engineer as appointed by the
County Board as head of the Highway Department of McLean County or
his designated representative.
A furnace, including any building or structure housing such
a furnace, for the burning of dead bodies.
A facility providing cultural and educational services to
the public. Typical uses include museums, art museums, observatories,
planetariums, botanical gardens, arboretums, zoos and aquariums.
Any child-care facility which regularly provides care for
fewer than 24 hours per day for:
Family homes which receive more than three, up to a maximum
of eight, children for fewer than 24 hours a day. The number includes
the natural or adopted children and all persons under the age of 12.
Such day-care homes shall be licensed by the Illinois Department of
Children and Family Services under the Illinois Child Care Act of
1969 (225 ILCS 10/1 et seq.) and allowed as a home occupation.
A unit of measurement of the intensity (loudness) of sound.
Sound level meters which are employed to measure the intensity of
sound shall be calibrated in decibels.
The entity (County Board, County department head or board)
that is authorized to grant final approval or denial of an application
or permit required under this chapter.
Transfer of the ownership of a right-of-way or other parcel
of land or improvement to a public or private entity without compensation.
Any subdivision of land; any consolidation or accumulation
of tracts of land; any material change in the use or appearance of
any parcel of land; any activity that affects lot lines, easement
locations, number of lots, setbacks, locations of structures, dedications
of streets or utilities; or the act of building structures or improvements
on land.
The Director of Building and Zoning of McLean County, Illinois
or his/her designated representative.
The Director of Environmental Health of the McLean County
Health Department or his/her designated representative.
A section or part of the unincorporated portion of the County
within which certain uniform regulations and requirements or various
combinations thereof apply under the provision of this chapter.
A portion of a right-of-way or easement used or intended
principally for storm, surface or subsurface drainage which meets
or exceeds the design and construction standards for public drainageways.
A portion of a right-of-way or easement whose use or intended
principal use is storm, surface or subsurface drainage which does
not meet or exceed the design and construction standards for public
drainageways.
An establishment which accommodates patrons in motor vehicles
from which the occupants may watch, purchase, etc.
A private accessway for motor vehicles between a public or
private street and one or more structures or off-street parking areas.
The use of a single lot for two dwelling units within a single
building.
A building designed or used principally for residential occupancy,
but not including hotels, motels, boarding- or rooming houses, tourist
homes, mobile homes or trailers.
A dwelling unit located on a tract of land the principal
use of which is the pursuit of agriculture as defined herein with
the dwelling unit being clearly accessory and subordinate to such
agricultural use, subject to the limitation that such dwelling unit
is occupied by or intended for occupancy by the owner of such tract
or by a person or persons whose principal occupation is the pursuit
of agriculture on such land. A manufactured home/mobile home may be
used as a farm dwelling but shall not be set aside on a separate tract
as a residential use.
A residential building containing three or more dwelling
units.
A residential building containing one dwelling unit.
A building or portion of a building that contains living
facilities for not more than one family and that includes provisions
for sleeping, cooking, eating and sanitation. A dwelling unit, as
defined herein, shall not include rooms or suites customarily associated
with hotels, motels, tourist cabins and other places providing temporary
overnight lodging.
That portion or quantity of land set aside in which a liberty,
privilege or advantage in land without profit is dedicated and is
distinct from fee ownership of the land and is granted either to the
public, a particular person or a combination of both.
A professional engineer licensed in the State of Illinois.
The act of placing or affixing a component of a structure
upon the ground or upon another such component.
A plan showing a functional means of controlling runoff to
prevent sediment from leaving the project site and causing siltation
in sewers, lakes, streams or adjacent properties.
A title company, bank, savings and loan association, trust
company, attorney or other person, company, or agency approved by
the County Board to act as escrow agent.
Any act by which organic matter, earth, sand, or other similar
material is cut into, quarried, uncovered, removed, displaced, relocated
or bulldozed and shall include the conditions resulting from said
act.
Any building erected prior to the adoption of this chapter
or for which a legal construction permit has been issued.
The vertical location of the existing ground surface prior
to excavating or filling.
A facility that accepts general construction or demolition
debris for transfer, storage, or treatment in accordance with 415
ILCS 5/22.38.
[Added 6-16-2015]
One or more persons related by blood, marriage or adoption
or a group of not more than four persons not so related, together
with their domestic servants or gratuitous guests, which maintains
a common household in a dwelling unit. A family may include not more
than two roomers or boarders, whether or not gratuitous or not gratuitous.
A family may include the occupants of a foster family or a group home
as defined by this chapter.
A tract of land used for agricultural uses as defined herein.
[Amended 3-10-2022]
An enclosure or barrier, such as wooden posts, wire, iron,
etc., used as a boundary, means of protection, privacy screening or
confinement, but not including hedges, shrubs, trees or other natural
growth.
A fence used in conjunction with an agricultural use as defined
herein.
The vertical distance measured from the side of the fence
that is exterior to the property or from the lowest adjacent ground
level to the top of the fence material. Fence material shall include
the support posts and any material attached to said posts. In the
case of wire fencing, height shall be measured by the width of the
material used, provided that when installed, the material is directly
adjacent to the ground level.
A fence, including entrance and exit gates, where each one-foot-wide
segment for the full length and height of the fence contains at least
70% open space which affords a direct view through the fence or, if
said fence has a height of not more than four feet tall, may contain
not less than 50% open space.
A solid fence a minimum of six feet in height.
A barbed fence, a fence with spikes or other sharp points
or a razor blade fence.
A fence, including solid entrance and exit gates, where each
one-foot segment for the full length and height of the fence contains
less than 70% open space or, if said fence has a height of not more
than four feet, contains less than 50% open space.
A fence, the principal material of which is wire. This includes,
but is not limited to, chain-link fences.
Premises or buildings where agricultural fertilizer products
are stored, mixed and blended and sold at retail or wholesale, but
not including the manufacture of such products.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported
or moved by mechanical means to a new location and shall include the
conditions resulting therefrom.
The vertical location of the ground or paving surface after
the grading work is completed in accordance with the site development
plan.
Reasonable assurance from a creditworthy party, examples
of which include cash, escrow, or irrevocable letter of credit.
[Added 11-15-2016]
For nonresidential buildings or buildings containing both
residential and nonresidential uses, "floor area" means the sum of
the gross horizontal area of all floors of the building measured from
the exterior faces of the exterior walls. For residential buildings,
"floor area" shall mean the gross horizontal area of all floors in
a dwelling measured from the external faces of the exterior walls.
Garages, basements and open porches shall be excluded when measuring
residential floor area.
The numerical value obtained by dividing the gross floor
area of a building or buildings by the total area of the parcel of
land on which the building or buildings are located.
A use engaged in the manufacture of food and food products,
including non-retail bakeries, canning facilities and creameries.
An establishment where food and prepackaged beverages are
sold on-site for consumption off-site. A limited amount of food preparation
on-site may also be allowed, such as a delicatessen or bakery.
A facility for child care in residences of families who receive
no more than five children unrelated to them, unless all of the children
are of common parentage, for the purposes of providing family care
and training for the children on a full-time basis; except the Director
of the Department of Children and Family Services, pursuant to departmental
regulations, may waive the limit of five children unrelated to an
adoptive family for good cause and only to facilitate an adoptive
placement. The family's own children, under 18, shall be included
in determining the maximum number of children served. The term "foster
family home" includes homes receiving children from any state-operated
institution for child care or from any agency established by a municipality
or other political subdivision of the State of Illinois authorized
to provide care for children outside their homes. The types of foster
family homes are as defined and cited in the Illinois Child Care Act
of 1969 (225 ILCS 10/1 et seq.).
Implies a rate of combustion described by a material which
burns actively and easily supports combustion.
A building or area in which freight brought by truck, rail
or air is processed for continued shipment by truck, rail or air.
The number of oscillations per second in a sound wave, measuring
the pitch of the resulting sound.
All of the property fronting on one side of a street. If
the street is a dead end, the frontage is measured to the end of the
street.
The linear measure between lot lines along a street, roadway
or other public way.
The length of a lot line that abuts a public street right-of-way.
The frontage of a lot abutting more than one street shall be calculated
separately for each street.
An establishment engaged in preparing the human deceased
for burial, entombment or cremation and arranging and managing funerals.
An accessory building or an accessory portion of the principal
building which is intended and used to store private motor vehicles
owned by members of the family or families residing upon the premises,
and in which no business, service, or industry is carried on; provided
that not more than 1/2 of the space may be rented for the storage
of private motor vehicles of persons not residing on the premises,
except that all the space in a garage of one- or two-car capacity
may be so rented. Such a garage may be used for the storage of not
more than one commercial truck having a load capacity of 1Â 1/2
tons or less.
The use of a site for bulk storage, distribution and sales
of flammable liquid, gas or solid fuel, excluding storage that is
clearly ancillary to an allowed principal use on the site such as
automotive or truck stop service stations as defined herein.
To shine with a harsh, uncomfortably brilliant light.
A public, semi-public or private grounds over which the game
of golf is played, including accessory buildings and land uses incidental
to the game and consisting of at least 60 acres of land for each standard
nine-hole course; and at least 25 acres of land for each nine-hole
"par 3" course.
Buildings or facilities owned or operated by a government
entity and providing services for the public, excluding utilities
and park and recreation services. Typical uses include administrative
offices of government agencies, utility billing offices, township
halls, and township road maintenance buildings and yards.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building or structure.
The act of excavating or filling or combination thereof and
shall include the conditions resulting from any excavation or fill.
An establishment where flowers, trees, and other products
that are commonly used as landscaping in and around buildings are
grown and sold.
A child-care facility which provides care for not more than
five children placed by and under the supervision of a licensed child
welfare agency, with these homes being owned or rented, staffed, maintained
and otherwise operated by the agency. "Group home" also means a dwelling
providing shelter to not more than five unrelated persons who are
handicapped as defined by this chapter.
The use of a site for occupancy by groups of more than five
persons, not defined as a family, on a weekly or longer basis. Typical
uses include fraternity or sorority houses, dormitories, residence
halls, and boarding- or lodging houses. The term "group residential"
does not include the term "group home."
For the purpose of enforcing the provisions of this chapter
regulating bed-and-breakfast establishments, a sleeping room intended
to serve not more than two transient guests per night.
With respect to a person, a physical or mental impairment
which substantially limits one or more major life activities; a record
of such an impairment; or being regarded as having such an impairment.
This term does not include current, illegal use of or an addiction
to a controlled substance [as defined in Section 102 of the Controlled
Substances Act (21 U.S.C. 902)]. An individual shall not be considered
to have a handicap solely because that individual is a transvestite.
As used in this definition:
"Physical or mental impairment"
Includes:
Any physiological disorder or condition, cosmetic
disfiguration, or anatomical loss affecting one or more of the following
body systems: neurological; muscular skeletal; special sense organs;
respiratory; genito/urinary; speech organs; cardiovascular; reproductive
digestive, hemio and emphatic; skin; and endocrine; or
Any mental or psychological disorder, such as
mental retardation, organic brain syndrome, emotional or mental illness
and specific learning disabilities.
Includes, but is not limited to, such diseases
and conditions as orthopedic, visual, speech and hearing impairments,
cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, Human Immunodeficiency Virus infection,
mental retardation, emotional illness, drug addiction (other than
addiction caused by current, illegal controlled substance use) and
alcoholism.
"Major life activities" means taking care of
oneself, performing manual tasks, walking, seeing, speaking, breathing,
learning and working.
"Has a record of such an impairment" means has
a history of or has been classified as having a mental or physical
impairment that substantially limits one or more major life activities.
Activities that present the potential for serious hazards
to human life and health. Typical uses include arsenals, atomic reactors,
explosives and fireworks manufacture, hazardous waste disposal, medical
waste disposal and radioactive waste handling.
Any substances or materials that, by reason of their toxic,
caustic, corrosive, abrasive or otherwise injurious properties, may
be detrimental or harmful to the health of any person handling or
otherwise coming into contact with such material or substance.
A facility where members or nonmembers use equipment or space
for the purpose of physical exercise. Said facilities may be located
both indoors and outdoors.
A public hearing.
An area, either on the ground or on a building, used as a
landing pad for helicopters to pick up or discharge passengers or
cargo.
Any occupation or profession customarily carried on by an
occupant of a dwelling unit as a secondary use which is clearly incidental
to the use of the dwelling unit for residential purposes.
An incidental and subordinate area in a residential dwelling
unit used solely by the occupants of the dwelling unit for limited
business activities, including making and receiving phone calls; paper
and electronic communications; word processing; data analysis and
manipulation. The occupants of the dwelling unit may conduct these
activities on behalf of an employer or as a self-employed proprietor.
An incorporated, nonprofit organization operating under recorded
land agreements through which each lot owner or homeowner in a planned
district or other described land area is automatically a member and
each lot is automatically subject to a charge for a proportionate
share of the expenses for the activities of the organization, such
as maintaining common property.
An institution that: (1) offers services more intensive than
those required for room, board, personal services and general nursing
care; (2) offers facilities and beds for use beyond 24 hours by individuals
requiring diagnosis, treatment, or care for illness, injury, deformity,
infirmity, abnormality, disease, or pregnancy; and (3) regularly makes
available at least clinical laboratory services, diagnostic X-ray
services, and treatment facilities for surgery or obstetrical care,
or other definitive medical treatment of similar extent. Hospitals
may include offices for medical and dental personnel, central service
facilities such as pharmacies, medical laboratories and other related
uses.
An establishment used, maintained or advertised as a place
where sleeping accommodations, in rooms without individual kitchens,
are supplied for short-term rent to transient guests. Such establishments
provide customary hotel services such as a central desk, maid service
and laundry of linens used in the lodging rooms.
Waste that is generated by households that is considered
hazardous because of the way if affects humans or reacts with other
chemicals. Waste is usually grouped into the following five categories:
caustic, explosive, infectious, toxic and radioactive.
A use or service which is incapable of direct association
with certain other uses because it is contradictory, incongruous or
discordant.
The M-1 and M-2 Districts as identified in Article IV.
Any motor vehicle which does not have a current license sticker
or from which, for a period of at least six months, the engine, wheels
or other parts have been removed, or on which the engine, wheels,
or other parts have been altered, damaged, or otherwise so treated
that the vehicle is incapable of being driven under its own power.
An inoperable motor vehicle shall not include a motor vehicle which
has been rendered temporarily incapable of being driven under its
own motor power for no more than 30 days in order to perform ordinary
service or repair operations. "Inoperable motor vehicle" shall also
include parts of motor vehicles that are scattered or stacked.
A use combining office and warehousing; office and light
assembly; or office, warehousing and light assembly activities within
the same building. Buildings within integrated centers typically have
office storefronts on one side of the structure and loading docks
or roll-up doors on the other side. Loading and service areas are
screened from view of public rights-of-way, public recreation facilities
(e.g., parks, golf courses, etc.) and lower-intensity zoning districts.
Integrated centers may have more than one use within the same building
and may include retail sales of merchandise as an accessory use.
Implies a rate of combustion described by a material that
burns with a high degree of activity and is consumed rapidly.
References to less restrictive or more restrictive zoning districts refer to the base zoning districts established by Article IV and represent a progression from the A District as the least intensive zoning district to the M-2 District as the most intensive zoning district. Overlay districts are not included in the zoning district hierarchy. References to less intensive or more intensive uses refer to the zoning districts in which such uses are first permitted. Use "X" is to be construed as more intensive than use "Y" if use "X" is first permitted by right in a zoning district that is more intensive than the district in which use "Y" is first permitted by right.
Boarding, breeding or training facilities for four or more
dogs, cats or other household domestic animals that are more than
four months of age, including dogs owned by the occupants of the property.
For a lot or tract of land comprising more than 2Â 1/2 acres,
the resident of the property may have one additional such animal for
each additional 1Â 1/2 acre, up to a maximum of seven. See "animal
care, general" and "animal care, limited."
A facility permitted by the Illinois Environmental Protection
Agency for the disposal of waste on land meeting the requirements
of the Resource Conservation and Recovery Act, P.L. 94-580,[2] and regulations thereunder, and without creating nuisances
or hazards to public health or safety, by confining the refuse to
the smallest practical volume and covering it with a layer of earth
at the conclusion of each day's operation, or by such other methods
and intervals as the Illinois Pollution Control Board may provide
by regulations.
A business engaged in installation of plant material stock,
including wholesale and/or retail sale of such plant stock and other
landscaping materials.
All accumulation of grass or shrubbery cuttings, leaves,
tree limbs and other materials accumulated as the result of the care
of lawns, shrubbery, vines and trees.
An establishment for the composting and mulching of waste materials accumulated as the result of the care of lawns, shrubbery, vines and trees and not accessory to general agriculture as set forth in Article V.
The Land Use and Development Committee of the McLean County
Board.
An establishment that is primarily for cleaning of laundry,
rugs and similar materials. This definition does not include laundromats
or dry cleaning pick-up stations.
A publicly operated establishment housing a collection of
books, magazines, audio- and videotapes, computers and other material
for borrowing and use by the public.
Animals kept for use on a farm or raised for sale and profit.
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials,
and which abuts upon a street or other appropriate means of access.
A street that provides direct access to abutting land and
local traffic movement.
A quantity of land described with such specificity that its
location and boundaries may be established and which is designated
by its owner or developer as land to be conveyed, used and developed
as a unit including any easements.
|
Lot Types
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The area of a horizontal plane bounded by the vertical planes
through the front, side and rear lot lines.
A lot located at the intersection of two or more streets;
or a lot abutting on a curved street or streets shall be considered
a corner lot if straight lines drawn from the foremost points of the
side lot lines to the foremost points of the lot meet at an angle
less than 135°.
The distance between the midpoints of straight lines connecting
the foremost points of the side lot lines in front of the foremost
points of the side lot lines in the rear.
A lot which has a pair of opposite lot lines along two substantially
parallel streets.
A lot whose side lines do not abut upon any street.
A line dividing one lot from another or from the street right-of-way.
That boundary of a lot which is along the existing or dedicated
street or public way. The owner of a corner lot may select either
street lot line as the front lot line.
That boundary of a lot which is most distant from and is
or is approximately parallel to the front lot line. If the rear lot
line is less than 10 feet in length within the lot or if the lot forms
a point at the rear, the rear lot line shall be deemed to be a line
10 feet in length within the lot, parallel to and at a maximum distance
from the front lot line.
Any boundary of a lot which is not a front or rear lot line.
A lot which is part of a subdivision recorded in the office
of the McLean County Recorder or a lot or parcel described by metes
and bounds, the description of which has been recorded.
The area of land assigned to a travel trailer or mobile home
in a recreational park or a mobile home in a mobile home park.
The horizontal distance between side lot lines as measured
along the required front setback line. In the case of a corner lot,
either side along a public street may be designated as the front yard.
A parcel or tract of land used, developed, or built upon
as a unit under single ownership or control. Said parcel or tract
may consist of one or more lots of record, one or more portions of
a lot or lots of record, or any combination thereof.
An area or tract of land where two or more manufactured housing
units, mobile homes or mobile home/manufactured housing spaces are
rented or held out for rent.
A manufactured home housing unit placed upon a permanent
foundation and which contains exterior elements commonly found on
other conventionally built single-family detached dwellings.
An establishment primarily engaged in the display and sale
of mobile homes or manufactured housing units.
A plot of ground within a manufactured home park that can
accommodate one manufactured housing unit and that provides necessary
utility services.
A transportable, factory-built structure that is manufactured
in accordance with the federal Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. § 5401) and that
is designed to be used as a single dwelling unit.
An establishment engaged in the manufacture, predominately
from previously prepared materials, of finished products or parts,
including processing, fabrication, assembly, treatment, and packaging
of such products, and incidental storage, sales, and distribution
of such products, but excluding "basic industry."
A facility for the storage (wet or dry), launching and mooring
of boats.
Any permanent, rooflike structure projecting beyond a building
or extending along and projecting beyond the wall of the building,
generally designed and constructed to provide protection from the
weather.
An establishment which has a fixed place of business having
a source of income or compensation 60% or more of which is derived
from the practice of any method of pressure on or friction against
or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation
of external parts of the human body with the hands or with the aid
of any mechanical electric apparatus or appliances with or without
supplementary aids such as rubbing alcohol, liniments, antiseptics,
oils, powders, creams, lotion, ointment or other similar preparations
commonly used in the practice of massage, under such circumstances
that it is reasonably expected that the person to whom the treatment
is provided or some third person on his or her behalf will pay money
or give any other consideration or gratuity; provided that this term
shall not include any establishment operated or supervised by a medical
or chiropractic practitioner or professional physical therapist licensed
by the State of Illinois. The Massage Licensing Act gives the state
exclusive jurisdiction over massage therapists. Neither the County
nor any city may regulate massage therapists after January 1, 2005
(225 ILCS 57/55, 225 ILCS 57/1).
An establishment providing therapeutic, preventive, or corrective
personal treatment services on an outpatient basis by physicians,
dentists, and other practitioners of the medical or healing arts,
and the provision of medical testing and analysis services. Typical
uses include clinics and offices for doctors of medicine, dentists,
chiropractors, osteopaths, optometrists; blood banks and medical laboratories.
A unit of length, equal to 1/1,000 part of one millimeter.
A facility used or intended to be used by a branch of the
United States Armed Forces, including military reserves.
The extraction of metallic and nonmetallic minerals, excluding
oil or natural gas. Typical uses include sand and gravel pit operations,
quarries and mines.
A transportable, factory-built structure that was manufactured
prior to enactment of the federal Manufactured Housing Construction
and Safety Standards Act of 1974 (42 U.S.C. § 5401) and
that is designed to be used as a single dwelling unit.
See the definition of "manufactured home park."
See the definition of "manufactured home sales."
A use or business which provides for a fee or compensation
the services of modeling on premises for the purpose of reproducing
the human body wholly or partially in the nude by means of photography,
painting, sketching, drawing or otherwise. This does not apply to
public or private schools where persons are enrolled in a class.
Implies a rate of combustion described by a material which
supports combustion and is consumed slowly as it burns.
A manufactured residential structure built to a nationally
recognized and accepted construction standard published by the Building
Officials Conference of America (BOCA) or the International Conference
of Building Officials (ICBO) and the unit is inspected and certified
at the factory that it meets said standard.
Any self-propelled vehicle designed primarily for transportation
of people and goods along streets, alleys and other public ways.
The use of a site for three or more dwelling units within
a single building. Typical uses include triplexes, fourplexes, apartments
and residential condominiums.
Watercourses formed in the topography of the earth prior
to any man-made changes.
A nonconforming lot, nonconforming use, nonconforming sign
or nonconforming structure.
That which is capable of causing injury to living organisms
by chemical reaction or is capable of causing detrimental effects
on the physical or economic well-being of human beings.
A use providing bed care and inpatient services for persons
needing medical attention but excluding facilities for the care and
treatment of mental illness, alcoholism, narcotics addiction, emergency
medical services and treatment of communicable diseases.
A term denoting all frequencies between any given frequency
and double that frequency.
An electrical frequency analyzer designed according to standards
formulated by the American Standards Association and used in conjunction
with a sound-level meter to take measurements in specific octave intervals.
Material, gas, liquid or solids that yield an odor.
The minimum concentration of odorous matter in the air that
can be detected as an odor.
An establishment providing executive, management, administrative
or professional services, but not medical or dental services or the
sale of merchandise, except as incidental to a permitted use. Typical
uses include real estate, insurance, property management, investment,
employment, travel, advertising, law, architecture, design, engineering,
accounting and similar offices.
The subsurface extraction of oil or natural gas or the distillation
of ethyl alcohol (ethanol) from agricultural crops and the processing
of by-products from such distillation.
An outdoor, unenclosed area, located on the ground or on
a roof, balcony, deck, porch or terrace designed and accessible for
outdoor living, recreation, pedestrian access or landscaping, but
not including roads, parking areas, driveways, or other areas intended
for vehicular travel.
Open space within a development that is contained within
individually owned lots and which is designed and intended primarily
for the private uses of residents or occupants of the lot on which
the private open space exists. Private open space shall also include
land within a subdivision or development which is owned and maintained
by a homeowners' association. Private open space does not include
areas utilized for streets, alleys, driveways, private roads, or off-street
parking or loading areas. Private open space may include recreational
areas such as swimming pools, tennis courts, shuffleboard courts,
etc.
Any publicly owned open area, including but not limited to
the following: parks, playgrounds, forest preserves, waterways, parkways
and streets. Public open space does not include areas utilized for
streets, alleys, driveways, private roads, or off-street parking or
loading areas. Public open space may include recreational areas such
as swimming pools, tennis courts, shuffleboard courts, etc.
For the purpose of enforcing the provisions of this chapter
regulating bed-and-breakfast establishments, "operator" shall mean
the owner of a bed-and-breakfast establishment, or the owner's agent,
who is required to reside in the bed-and-breakfast establishment or
on contiguous property.
Any person, firm, association, private corporation or quasi-public
corporation or combination of any of these or other legal entity having
sufficient proprietary interest in the land sought to be subdivided
or developed to commence and maintain proceedings under the provisions
of this chapter.
All contiguous land used or legally described as a single
unit.
A continuous tract of land in single ownership from which
two or more derivative parcels or lots are created.
An area not on a public right-of-way, exclusive of driveways,
which is used for the parking of motor vehicles. For the purpose of
computing the number of parking spaces in a lot, all areas used for
parking under unified control on the same or contiguous parcels of
land shall be considered as one lot.
An area used or intended to be used for the off-street parking
of operable motor vehicles on a temporary basis, other than as accessory
parking to a principal use.
An area on a parking lot of sufficient size, according to
the provisions of this chapter, to store one passenger vehicle that
is connected to a street or alley, drive or driveway and so arranged
as to permit ingress and egress of vehicles at all times without maneuvering
on a sidewalk and without moving other vehicles parking adjacent to
the parking space.
A publicly or privately owned park, playground or community
facility that provides opportunities for active or passive recreational
activities.
The unpaved land within a street right-of-way which is located
between the back of the curb and the right-of-way.
Dust, smoke or any other form of airborne pollution in the
form of minute separate particles.
A criterion established to control noise, odor, smoke, particulate
matter, toxic or noxious matter, vibration, fire and explosion hazards,
glare, or heat generated by or inherent in the uses of land or buildings.
Any association, company, corporation, firm, organization,
or partnership, singular or plural, of any kind.
A parcel or tract of land, initially under one ownership,
which contains one or more principal buildings and one or more principal
uses, planned and constructed as a unified development and where certain
regulations of this chapter are modified.
A facility used for the collection, sorting and distribution
of United States mail among several zip code areas and having limited
retail services for the public, such as the sale of stamps, postcards
and postal insurance.
The production of books, magazines, newspapers and other
printed matter, and record pressing and publishing, engraving and
photoengraving; but excluding businesses involved solely in retail
photocopying, reproduction, photo developing or blueprinting services,
which are included within the definition of "retail sales and services"
as contained herein.
An on-site sanitary sewage system that is designed to provide
treatment of sanitary sewage from a single use and is maintained by
a private individual or entity.
An engineer licensed to practice engineering in the State
of Illinois who has been found to be qualified to perform the work
described herein by the County and the commercial wind energy facility.
[Added 11-15-2016]
The lines bounding a lot or parcel delineating the land in
individual ownership.
Include streets, sidewalks, public utilities and other structures,
fixtures or land appurtenances which are or are intended to be dedicated
to a public or private entity.
Establishments providing tracks for the racing of cars, motorcycles,
bicycles, horses, dogs or similar types of motor vehicles and animals
for viewing by the public.
A strip of land with tracks and auxiliary facilities for
track operations, but not including freight depots or stations, loading
platforms, train sheds, roundhouses, car or locomotive shops or car
yards.
Picnic areas, ponds for fishing and/or swimming and camping
areas for not more than two tents or recreational vehicles, as herein
defined. Such tents or vehicles shall be parked, placed or used on
the premises for no more than 45 days in one calendar year with no
period of occupancy to extend beyond 15 consecutive days. Mobile homes
and/or permanent buildings are not permitted, except buildings used
exclusively for shelters open on three sides. Said buildings shall
not occupy an area exceeding 600 square feet of land area. Such family
recreational area may be used only by the owner, his family and occasional
nonpaying guests.
Any of the following vehicles which are licensed for travel
on the highway: travel trailer (a vehicular, portable structure built
on a chassis, designed to be used as a temporary dwelling for travel,
recreation or vacation, or one permanently identified as a travel
trailer by the manufacturer of the trailer); pick-up coach (a structure
designed to be mounted on a truck chassis for use as a temporary dwelling
for travel, recreation and vacation); motor home (a portable, temporary
dwelling to be used for travel, recreation and vacation, constructed
as an integral part of a self-propelled vehicle); and camping trailer
(a canvas, material or metal folding structure, mounted on wheels,
and designed for travel, recreation and vacation use).
Land used or intended to be used for occupancy by recreational
vehicles for transient living purposes, including the use of camping
spaces for tents.
An establishment offering recreation, entertainment or games
of skill to the public for a fee or charge and that is wholly enclosed
in a building. Typical uses include bowling alleys, indoor theaters,
bingo parlors, pool halls, billiard parlors and video game arcades.
Indoor recreation and entertainment facilities shall not include facilities
that are considered to be parks and recreation areas as defined herein.
An establishment offering recreation, entertainment or games
of skill to the public for a fee or charge, wherein any portion of
the activity takes place in the open. Typical uses include archery
ranges, batting cages, golf driving ranges, drive-in theaters and
miniature golf courses. Outdoor recreation and entertainment facilities
shall not include facilities that are considered to be parks and recreation
areas as defined herein.
The return of municipal solid waste items, most notably glass,
paper, aluminum, steel, other metals, motor oil, yard waste and plastics,
into a usable product.
A building and/or site, with more than 1,000 square feet
in area, in which source-separated recoverable materials, such as
newspapers, glassware and metal cans, are collected, stored, flattened,
crushed or bundled prior to shipment to others who will use those
materials to manufacture new products. The materials are stored on-site
in bins or trailers for shipment to market.
An accessory use or structure that serves as a drop-off station
or buy-back station, occupying no more than 1,000 square feet for
the collection of recyclable materials.
Any waste storage site, sanitary landfill, waste disposal,
waste transfer station or waste incinerator that accepts waste from
or that serves an area that exceeds or extends over the boundaries
of any local general purpose government. This includes sewers, sewage
treatment plants and any other facilities owned or operated by a sanitary
district organized under "An Act to Create Sanitary Sewer Districts
and to Remove Obstructions in the Des Plaines and Illinois Rivers,"
approved May 29, 1889, as now or hereafter amended.[3] The following are not regional pollution control facilities:
Sites or facilities located within the boundary
of a local general purpose government and intended to serve only that
entity;
Waste storage sites regulated under 40 CFR 761.42;
or
Sites of facilities used by any person conducting
a waste storage, waste treatment, waste disposal, waste transfer or
waste incineration operation or any combination thereof, for wastes
generated by such person's own activities, when such wastes are stored,
treated, disposed of, transferred or incinerated within the site or
facility owned, controlled or operated by such person or when such
wastes are transported within or between sites or facilities owned,
controlled or operated by such person.
A use primarily engaged in the provision of repair services
to individuals and households, but excluding vehicle repair services.
Typical uses include appliance repair shops.
Those off-street parking spaces allocated to automobiles
awaiting entrance to a particular establishment.
The act or condition of residing or dwelling in a place.
An establishment primarily engaged in the sale of food and
nonalcoholic beverages in a ready-to-consume state and where the design
or principal method of operation is that of a fast-food or drive-in
restaurant offering quick food service, where orders are generally
not taken at the customer's table, where food is generally served
in disposable wrappings or containers, and where food and beverages
may be served directly to the customer in a motor vehicle.
An establishment where the principal business is the sale
of food and beverages in a ready-to-consume state primarily for on-premises
consumption.
The sale of commodities or services directly to customers,
when such commodities and services are used or consumed by the customer
and are not purchased primarily for the purpose of resale.
An establishment engaged in the sale or rental of goods and
services, excluding uses more specifically defined.
The entity (County department head, board, or committee)
that is authorized to recommend approval or denial of an application
or permit required under this chapter.
A strip of land dedicated or used by the public for vehicular
traffic and/or stormwater, surface water or groundwater drainage.
A chart that is described in the U.S. Bureau Mines Circular
6888, and on which are illustrated graduated shades of gray for use
in estimating the light-obscuring capacity of smoke.
Designation of the area of the Ringelmann Chart that coincides
nearly with the visual density of emissions of light-obscuring capacity
of smoke.
A home-based business that usually includes large equipment
where business is conducted or operated primarily off-premises from
the place of residence of the owner of such business, with business
activity on the site of such owner's place of residence being limited
to the routine maintenance and routine storage of equipment, materials
and supplies used in the operation of such business and an accessory
office within such owner's dwelling for the operation of such business.
Establishments that offer recreational, cultural, social
and/or educational activities for the purpose of attracting the public
for the enjoyment of the agricultural nature of the area, such as
weddings or other similar social or commercial gatherings. A rural
specialty facility may also offer or allow limited retail sales in
conjunction with or in relation to activities of the facility.
[Added 2-21-2017]
A facility for conduct of safety and emergency services,
including fire and police protection services and emergency medical
and ambulance services.
A lot, land or structure, or part thereof, used primarily
for the collecting, dismantling, storage and salvaging of machinery
or vehicles that are not in operating condition, or for the sale of
parts thereof. Unless conducted entirely within enclosed buildings,
this also includes a lot or land where waste or scrap materials of
any type, including but not limited to scrap iron and other metals,
paper, rags, rubber tires, and bottles, are bought, sold, exchanged,
stored, baled, packed, disassembled or handled. Typical uses include
automobile salvage yards and junkyards.
The use of a site for instructional purposes on an elementary
or secondary level.
Premises or buildings where agricultural seed products are
stored and sold at retail or wholesale.
A use primarily engaged in the retail sale of gasoline or
other motor fuels primarily to automobiles and passenger vehicles,
along with accessory activities such as the sale of lubricants, accessories,
or supplies, the lubrication of motor vehicles, and the minor adjustment
or repair of passenger motor vehicles. Uses involved primarily in
the sale of diesel fuel, gasoline or other fuels to tractor trucks
and uses that feature parking, storage or servicing of tractor trucks
or semi-trailers shall be classified as "truck stop service stations."
A use primarily engaged in the sale of diesel fuel, gasoline
or other fuels to tractor trucks, along with accessory activities
such as the sale of lubricants, accessories or supplies, or the servicing
of tractor trucks or semi-trailers. A truck stop service station may
include, as an accessory use, the parking and storage of tractor trucks
and semi-trailers for a short period of time not exceeding five days.
The minimal longitudinal distance between the building or
structure line and the related lot line abutting a street.
An "exterior front setback" or an "exterior street side setback."
A setback that is to extend across the full width of a lot
between the street right-of-way line and a line parallel thereto on
the lot.
A setback that is to extend from the street right-of-way
line to the rear lot line along the side of a lot that is adjacent
to a street or street right-of-way line, the required depth of which
is measured as the minimum horizontal distance between the side lot
line and a line parallel thereto on the lot.
An "interior side setback" or an interior rear setback."
A setback that is to extend across the full width of a lot,
the required depth of which is measured as the minimum horizontal
distance between the rear lot line and a line parallel thereto on
the lot.
A setback that is to extend from the street right-of-way
line to the rear lot line along the side of a lot that is adjacent
to another lot, the required depth of which is measured as the minimum
horizontal distance between the side lot line and a line parallel
thereto on the lot.
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Setback Areas
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A premises used for target shooting with rifles, muskets
or pistols; or for skeet or trap shooting. Such shooting range may
include as an accessory use a clubhouse, maintenance building, facilities
for serving food and refreshments and the sale of shooting supplies
for use on the range. A shooting range does not include a premises
used for such purposes by the individual owner, members of the household
and nonpaying guests when accompanied by the individual owner or a
member of the household.
A tract of land used or intended principally for pedestrian
passage.
A single-family dwelling unit located within a building containing
a commercial use and which is accessory to the commercial use.
The use of a lot for one dwelling unit that is attached to
at least one other dwelling unit by common or abutting walls and with
each dwelling unit located on its own separate lot. Typical uses include
duplexes, townhouses and condominiums. This definition shall exclude
mobile homes.
The use of a lot for only one principal dwelling unit that
is not connected to any other dwelling unit. This definition shall
exclude mobiles homes.
A single-family dwelling unit located on a tract of land
whose principal use is the pursuit of an agricultural use as defined
herein, with the dwelling unit being clearly accessory and subordinate
to such agricultural use, subject to the limitation that such a dwelling
unit is occupied by or intended for occupancy by the owner of such
tract or by a person or persons whose principal occupation is the
pursuit of agriculture on such land.
Any single-family dwelling unit which is not a single-family
detached farm dwelling.
A single-family detached dwelling unit constructed below
ground and which has earth cover over the underground portion of the
dwelling.
A single-family dwelling that does not adjoin any other dwelling
and is located on a lot that does not extend beyond the exterior of
the building in which the dwelling is located.
Implies materials which do not in themselves constitute an
active fuel for the spread of combustion. A material which will not
ignite or actively support combustion during an exposure for five
minutes to a temperature of 1,200° F. shall be designated "combustible."
The number obtained by multiplying the smoke density in Ringelmann
number by the time of emission in minutes. For the purpose of this
calculation:
A Ringelmann density reading is made at least
once every minute of the period of observation;
Each reading is then multiplied by the number
of minutes during which it is observed; and
The various products are then added together
to give the total number of smoke units observed during the total
period under observation.
Recycling collection centers, incinerators, processing facilities,
materials recovery facilities, solid waste transfer stations or any
facility where municipal solid wastes are salvaged, sorted, processed
or treated.
A solid waste facility at which solid waste is transferred
from collection vehicles (some sorting may occur) to long-distance
hauling vehicles for transportation to a central solid waste management
facility for processing, disposal, incineration or resource recovery.
The intensity of sound, measured in decibels produced by
an operation or use.
An instrument standardized by the American Standards Association
for measuring the intensity of sound.
Materials that are separated from the municipal solid waste
stream at the point of origin for the purpose of recycling; for example,
households separating paper, glass and aluminum from the rest of the
solid waste.
Sexual conduct, being acts of masturbation,
homosexuality, sexual intercourse or physical contact with a person's
unclothed genitals, pubic area, buttocks or, if such person is a female,
her breast;
Sexual excitement, being the condition of human
male or female genitals when in a state of sexual stimulation or arousal;
or
Sadomasochistic abuse, being flagellation or
torture by or upon a person or the condition of being fettered, bound
or otherwise physically restrained.
A building, structure or area of land which is located on
a lot on which a dwelling is located and which is designed, arranged,
used or intended to be used for housing horses for the private use
of occupants of the dwelling unit but in no event for hire.
A building where horses are kept for compensation, hire or
sale.
A structure for the display and sale of only farm products
which are produced on the premises.
A non-farm-based facility used or intended to be used for
selling or holding livestock, but not including an animal feeding
operation as defined by the Illinois Environmental Protection Act.[4]
That portion of a building included between the surface of
any floor and the surface of the floor next above, or if there is
no floor above, the space between the floor and the ceiling next above
it, and in the case of a split-level story, the surface of the floors
at different elevations and the ceilings next above such floors, provided
that there is not more than a four-foot difference in elevation between
the levels of the floors of such a story. A basement as herein defined
shall not be considered a story for the purposes of this chapter.
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than three feet above the floor of such story, except that any partial
story used for residence purposes, other than for a janitor or caretaker
or his family, or by a family occupying the floor immediately below
it, shall be deemed a full story.
That portion of a public right-of-way used and maintained
by the public which affords the principal means of access to adjacent
lots of record or premises and meets the design and construction standards
for the classification it holds under this chapter.
The dividing line between a lot and a contiguous street.
If said contiguous street is established by easement rather than by
dedicated right-of-way, the street line shall be established by measuring
from the center line of said roadway half the right-of-way width if
said roadway were dedicated.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams, or girders, or any
complete rebuilding of the roof or the exterior walls. The following
shall not be considered structural alterations:
Anything that is built or constructed, including, but not
limited to, any usable, permanent, in-place device or appliance within
the lot making a projection of six inches (15 cm) or more above grade
and having a base greater than 12 square feet (one square meter).
This does not, however, exclude such underground or surface structures
such as tunnels, future foundations, or swimming pools in whole or
in part below grade.
An establishment primarily engaged in the provision of recording
or broadcasting services accomplished through the use of electronic
mechanisms.
The configuration of lots of record, outlots, public rights-of-way and land improvements which result from subdividing land in accordance with the provisions of Chapter 317, Subdivision of Land.
A bond approved by the County Board posted with a surety
company to guarantee a developer's performance of improvements.
A surety, title, or insurance company approved by the County
Board to act as surety.
A use which is only allowed for a specified period of time.
Typical temporary uses include, but are not limited to, Christmas
tree sales, garage sales, roadside stands, etc.
A structure or enclosure, the roof of which and/or 1/2 or
more of the sides of which are constructed of a silk, cotton, canvas,
or nylon fabric or a similar light material.
Denotes instrumentation which can measure earth-borne vibrations
in three directions (those occurring in a horizontal as well as vertical
plane).
See definition of "lot, double frontage" contained herein.
A commercial AM/FM radio, television and microwave transmission
tower and accessory equipment and buildings.
A tower which has equipment attached to it which is designed
to assess wind and other atmospheric data, and accessory equipment
and buildings.
A tower used to hold facilities of a telecommunications carrier
such as those of a cellular telephone provider, and accessory equipment
and buildings.
Materials which are capable of causing injury to living organisms
by chemical means when present in relatively small amounts.
See definition of "parcel" contained herein.
Any vehicle, or any portable or mobile vehicle on wheels,
skids or rollers, or blocks, either self-propelled or propelled by
any other means, which is used or designed to be used for dwelling,
lodging, commercial, or agricultural purposes. For the purposes of
this chapter, such vehicle or any portable or mobile vehicle shall
be classified as a trailer whether or not it has been placed on a
permanent foundation with its hitch and rolling equipment removed
and whether or not an addition thereto has been built on the ground.
A facility used or intended to be used as an area of loading,
unloading and interchange of transit passengers. Typical uses include
bus terminals, rail stations, park-and-ride facilities, and passenger-related
mass transit facilities.
A state-licensed group care home for juvenile delinquents,
halfway houses providing residence, rehabilitation and counseling
to persons on release from a more restrictive custodial confinement,
and residential rehabilitation treatment centers which also may provide
outpatient rehabilitation for alcohol and other drug abuse.
An area which may be required along the rear lot line and
interior side lot lines of lots which are immediately adjacent to
a different zoning district or to a different use. Such transition
belt, when required, shall consist of a strip of land lying immediately
adjacent and parallel to the full length of a side or rear lot line,
extending into the lot a specified width. In no case shall the transition
belt encroach into the front yard. Such transition belt shall be unobstructed
except by a required transition screen, and shall not contain driveways
or parking or loading facilities.
A screen located in a transition belt, such screen meeting the specifications set forth in Article VII.
The business office or the parking, repair or storage facility
for vehicles and/or equipment used for the business of transporting
goods on trucks. Such use does not include the storage, processing,
or loading and unloading of goods transported.
The purpose or activity for which the land, or building thereon,
is designed, arranged, or intended, or for which it is occupied or
maintained, and shall include any manner of performance of such activity
with respect to the regulations of this chapter.
A use that:
A use which may be lawfully established in a particular district
or districts, provided it conforms with all requirements, regulations,
and performance standards, if any, of such districts.
The primary use and chief purpose of a lot or structure.
A use, either public or private, which, because of its unique
characteristics, cannot be properly classified as a permitted use
in any particular district or districts.
Generating plants; electrical switching facilities and primary substations; water and wastewater treatment plants; water tanks; and radio, television and microwave transmission towers; and similar facilities of agencies that are under public franchise or ownership to provide the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service, wind energy conversion systems (WECS), and solar power generating facilities, including wholesale generators and/or qualifying facilities. The term "utility" shall not be construed to include corporate or general offices; gas or oil processing; manufacturing facilities; postal facilities; or other uses defined herein. In addition, utilities that are exempt as specified in Article I of these regulations shall not be considered to be major utilities as defined herein.
[Amended 6-16-2015; 11-15-2016]
Services and facilities of agencies that are under public
franchise or ownership to provide services that are essential to support
development and that involve only minor structures, such as poles
and lines.
An establishment engaged in the retail or wholesale sale
or rental, from the premises, of motorized vehicles or equipment,
along with incidental service or maintenance activities. Typical uses
include new and used automobile and truck sales, automobile rental,
boat sales, motorcycle sales, moving trailer rental, and farm equipment
and machinery sales and rental.
An outdoor area used or intended to be used for long-term
storage of vehicles and equipment, other than a commercial parking
lot or accessory parking to a principal use.
An establishment primarily engaged in painting of or body
work to motor vehicles or heavy equipment.
A use providing automobile repair or maintenance services
within completely enclosed buildings, but not including general vehicle
repair services.
The periodic displacement, measured in inches, of earth.
A use providing education or training in business, commercial
trades, language, arts or other similar activity or occupational pursuit,
and not otherwise defined as a "college or university" or "school."
An enclosed storage facility containing independent, fully
enclosed bays that are leased to individuals exclusively for dead
storage of their household goods or personal property.
An establishment primarily engaged in the storage or sales
of materials, equipment, or products or sales to wholesalers or retailers.
Typical uses include cold storage, warehousing and dead storage facilities,
but excluding self-storage warehouses and sales of goods to the general
public.
Any garbage, sludge from a waste treatment plant, water supply
treatment plant, or air pollution control facility or other discarded
material, including solid, liquid, semi-solid, or contained gaseous
material resulting from industrial, commercial, mining and agricultural
operations, and from community activities, but does not include, solid
or dissolved material in domestic sewage, or solid or dissolved materials
in irrigation return flows or industrial discharges which are point
sources subject to permits under Section 402 of the Clean Water Act
or sources, special nuclear, or by-product materials as defined by
the Atomic Energy Act of 1954, as amended (68 Stat. 921)[5] or any solid or dissolved material from any facility subject
to the Federal Surface Mining Control and Reclamation Act of 1977
(P.L. 95-87)[6] or the rules and regulations thereunder or any law or
rule or regulations adopted by the State of Illinois pursuant thereto.
A workshop where machines, machine parts, or other metal
products are fabricated. Typical uses include machine shops, welding
shops and sheet metal shops.
All necessary devices that together convert wind energy into
electricity, including the rotor, nacelle, generator, WECS tower,
electrical components, WECS foundation, transformer, and electrical
cabling from the WECS tower to the substations.
[Added 11-15-2016]
WECS TOWERThe support structure to which the nacelle and rotor are attached.
WECS TOWER HEIGHTThe distance from the tip of the rotor blade at its highest point to the top surface of the WECS foundation.
A wind energy conversion system consisting of a single wind
turbine, single tower, and associated control or conversion electronics
that generates power for an individual property for the purpose of
reducing on-site consumption of utility power.
A facility comprised of a building or buildings used to convert
fruit juices to wine, and to age, bottle, store, distribute and sell
said wine. A winery includes crushing, fermenting, and refining, bottling,
blending, bulk and bottle storage, aging, shipping, receiving, laboratory
equipment and maintenance facilities, sales, and administrative office
functions, and may include tasting and winery promotional events.
See definition of "landscape waste."
The McLean County Zoning Board of Appeals.
The office of the Director of Building and Zoning of McLean
County from which the Director of Building and Zoning, and such deputies
or assistants as may be duly appointed by the County Board, administers
and enforces the provisions of this chapter and makes such determinations,
interpretations and orders as are necessary therefor, and requires
such plats, plans, and other descriptive material in connection with
applications for permits as are necessary for him/her to judge compliance
with this chapter in accordance with regulations set forth in this
chapter.
The map adopted by the County Board in accordance with Chapter
55 of the Illinois Compiled Statutes or any other statute enacted
in lieu thereof showing all zoning district boundaries in the unincorporated
areas of McLean County, Illinois.
The Zoning Ordinance of McLean County, Illinois.
