Chimneys, cooling towers, elevator head houses,
fire towers, grain elevators, monuments, stacks, stage towers, or
scenery lofts, tanks, water towers, ornamental towers, spires, church
steeples, and necessary mechanical appurtenances, usually required
to be placed above the roof level and not intended for human occupancy,
are not subject to the height limitations contained in the district
regulations.
A.
Minimum yard requirements. The yard requirements heretofore
established in all districts shall be adjusted in the following cases:
(1)
Where the property fronts on a collector or an arterial
street, the required front yard shall be modified as follows:
(a)
Arterial street. The front yard setback shall
be measured from the center line of the street and shall be equal
to the requirement of the particular zoning district plus 50 feet.
(b)
Collector street. The front yard setback shall
be measured from the center line of the street and shall be equal
to the requirement of the particular zoning district plus 40 feet.
(2)
Where the property fronts on two intersecting streets (a corner lot), such lot shall maintain a front yard setback on both streets, except where no lots within the same block front on one of the two intersecting streets, the side yard requirement along such street shall be 15 feet, subject to the provisions of Subsection A(1).
(3)
Double-frontage lots shall maintain the required front
yard setback along both frontages.
B.
Where 50% or more of the frontage on one side of a
street between two intersecting streets is developed with buildings
that have observed a front yard greater than required, then:
(1)
Where a building is to be erected on a parcel of land
that is within 100 feet of existing buildings on both sides, the minimum
front yard shall be a line drawn between the two closest front corners
of adjacent buildings on the two sides; or
(2)
Where a building is to be erected on a parcel of land
that is within 100 feet of an existing building on one side only,
such building may be erected as close to the street as the existing
adjacent building.
In other than the manufacturing zoning districts,
no more than one principal structure may be located upon a lot.
In other than the commercial and manufacturing
zoning districts, no more than one principal use may be located upon
a lot.
Nothing shall be erected, placed, planted, or
allowed to grow in such a manner as to materially impede vision between
a height of 2 1/2 feet and eight feet above the grades of the
outside edge of the street surface of two or more intersecting streets,
measured from the point of intersection of the center line of the
streets, 90 feet in each direction along the center line of the streets;
except that the County Engineer may establish greater sight triangles
based upon standards in the policy manual published by the American
Association of State Highway and Transportation Officials (AASHTO).
No land which is located in a residential district
shall be used for a driveway, walkway or access to any land which
is located in any commercial or industrial district.
The structure setback line shall be determined
by measuring the horizontal distance between the property line and
the vertical plane of the furthest architectural projection of the
existing or proposed structure; except that certain architectural
projections listed below may extend beyond the structure setback line,
subject to the following conditions:
A.
Projections shall be defined as any structural or
nonstructural portion or appendage attached to the main structure
which, by design, protrudes outward beyond the structure floor, wall,
roof or foundation line. Projections include, but are not limited
to:
[Amended 2-20-2001]
(1)
Roof eaves and gutters may encroach no more than four
feet into a front and rear yard and not more than 24 inches into a
side yard. Roof eaves and gutters projecting from a building located
in a rear yard may extend no closer than 24 inches to a lot line.
(2)
Cornices and sills of the principal building shall
project no more than 18 inches into a front, side and rear yard.
(3)
Air-conditioning equipment may encroach into a side
and rear yard, provided such equipment is at least 10 feet from any
property line.
(4)
Stairs which are necessary for access to a dwelling
or an accessory building may encroach into a front, side and rear
yard with up to eight steps.
(5)
Bay windows shall project no more than three feet
into a front or rear yard.
(6)
Chimneys that are attached to the principal building
shall encroach no more than 24 inches into a front, side or rear yard.
(7)
Combustible or noncombustible ornamentation attached
to a principal building shall project no more than 18 inches into
a front, side or rear yard.
(8)
Detached garages, detached carports, sheds, storage
buildings, private swimming pools and private tennis courts may encroach
into a rear yard.
(9)
Balconies, terraces, patios, decks not over two feet
in height and outdoor fireplaces may encroach into a rear yard.
B.
Exception for canopies and awnings. A canopy or awning
may be permitted to overhang a public way in a C Commercial District,
M-1 Restricted Manufacturing District or M-2 General Manufacturing
District, provided:
(1)
The canopy or awning construction is covered with
a fabric material, such as canvas, or is made of a material which
simulates a fabric covering, other than metal or aluminum.
(2)
No portion of the canopy or awning shall be less than
eight feet above the level of the sidewalk or other public way.
(3)
The canopy or awning may extend the full width of
the building facade to which it is attached, and further, it shall
not extend beyond a point two feet inside the pavement line of a public
street.
Except for agricultural fences and as otherwise
specifically provided in other codes and regulations, the following
regulations shall apply to the construction of fences that are greater
than four feet in height:
A.
No fence shall be constructed which will constitute
a traffic hazard.
B.
No fence shall be constructed in such a manner or
be of such design as to be hazardous or dangerous to persons or animals.
C.
Except as permitted elsewhere in this chapter, no
fence, except fences erected upon public or parochial school grounds,
in public parks and public playgrounds, or around competitive telecommunications
facilities, shall be constructed of a height greater than four feet
in the front yard or seven feet elsewhere; provided, however, that
the County Board may, as a special use, authorize the construction
of a fence higher than seven feet if it is determined by the County
Board that the public welfare is served.
[Amended 2-17-2015]
D.
A property owner may install a fence within a dedicated
easement at his or her own risk. In no case, however, shall a fence
be constructed within a dedicated drainage easement.
When a transition screen is required by this
chapter, such screen shall conform to the following specifications:
A.
Such transition screen shall be located in a transition
belt and shall extend the full length of such transition belt except
for any portion of such belt lying within a required front yard or
side yard adjoining a street.
B.
Such transition screen shall consist of a planting
screen meeting the specifications herein. A landscaped berm or a fence
screen meeting the specifications herein may be used in lieu of such
planting screen if a variance for such substitution is granted by
the Director of Building and Zoning.
(1)
Planting screens. Planting screens shall consist of
trees, bushes or shrubs of a variety and so planted and kept as to
be achieved within 36 months after occupancy of the premises to be
screened.
(a)
Such screen shall have a minimum height of six
feet above grade at any particular point along its length.
(b)
Any two-foot square segment of a planting screen
shall contain no more than 30% open space affording a direct horizontal
view through such screen if such segment is over two feet above grade.
(2)
Landscaped berm. Adequate evidence from a registered
engineer shall be furnished demonstrating that the construction of
such berm, along with any necessary culverts and ditching, will not
create adverse drainage and flooding conditions on adjacent property.
(a)
Such berm shall be at least 30 feet in width
at the base and at least four feet in height, as measured perpendicular
to grade level at any point along its length. Side slopes shall have
a gradient no steeper than 3:1.
(b)
Side slopes of such berm shall be sodded so as to prevent erosion. The top of the berm shall contain a planting screen according to the specifications set forth in Subsection B(1) above, except that the minimum height of such planting screen need not be more than three feet above the top of the berm at any particular point along its length. Construction and material of such berm shall be as approved by the Director of Building and Zoning.
(3)
Fence screen. A fence screen shall not be less than
eight feet nor more than 10 feet in height above grade level, at any
particular point along its length, and any two-foot square segment
of such screen shall contain no more than 30% open space affording
a direct horizontal view through such screen. Construction and material
of such fence screen shall be as approved by the Director of Building
and Zoning.
Any use established shall be operated so as
to comply with the performance standards governing noise, vibration,
smoke and particulate matter, toxic and noxious matter, odorous matter,
fire and explosive hazards, and glare and heat set forth hereinafter
for the district in which such use shall be located. No existing use
shall conflict with, or further conflict with, the applicable performance
standards established hereinafter for the district in which such use
is located.
A.
Noise. No use or activity shall create any amount
of noise that is in violation of the applicable standards and regulations
governing noise levels specified by the Illinois Environmental Protection
Agency.
B.
Vibration.
(1)
Vibrations within a district shall be controlled so
as not to become a nuisance to adjacent uses.
(2)
No industrial operation or activity (except those
not under the direct control of the manufacturer) shall cause at any
time ground-transmitted vibrations in excess of the limits set forth
below. Vibrations shall be measured at any point along a district
boundary line with a three-component measuring instrument approved
by the Director of Building and Zoning and shall be expressed as displacement
in inches.
|
Frequency
(cycles per second)
|
Maximum Permitted Displacement along R-1
and R-2 District Boundaries
(inches)
| |
|---|---|---|
|
0 to 10
|
0.0008
| |
|
10 to 20
|
0.0005
| |
|
20 to 30
|
0.0002
| |
|
30 to 40
|
0.0002
| |
|
40 and over
|
0.0001
|
C.
Smoke and particulate matter. No use or activity shall
create any amount of smoke and particulate matter that is in violation
of the applicable standards and regulations specified by the Illinois
Environmental Protection Agency.
D.
Toxic and noxious matter. No use or activity shall
create any amount of toxic and noxious matter that is in violation
of the applicable standards and regulations specified by the Illinois
Environmental Protection Agency.
E.
Odorous matter. No use or activity shall create any
amount of odorous matter that is in violation of the applicable standards
and regulations specified by the Illinois Environmental Protection
Agency.
F.
Fire and explosive hazards.
(1)
Activities involving the manufacture of materials
or products which decompose by detonation are permitted in only the
M-2 District.
[Amended 2-17-2015]
(2)
Activities involving the storage and utilization of
material or products which decompose by detonation are permitted only
in the M-1 and M-2 Districts. Such materials shall include, but shall
not be limited to, all primary explosives such as lead azide, lead
styphnate, fulminates, and teracene; all higher explosives such as
TNT, RDX, HMX, PETN, and picric acid; propellants and components thereof
such as nitrocellulose, black powder, boron hydrides, hydrazine and
its derivatives; polytechnics and fireworks such as magnesium powder,
potassium chlorate, and potassium nitrate; blasting explosives such
as dynamite and nitroglycerin; unstable organic compounds such as
acetylides, tetrozoles, and ozonides; strong oxidizing agents such
as liquid oxygen, perchloric acid, perchlorates, chlorates, and hydrogen
peroxide in concentrations greater than 35%; and nuclear fuels, fissionable
materials and products, and reactor elements such as Uranium 235 and
Plutonium 239.
[Amended 2-17-2015]
(3)
The manufacture, utilization, or storage of pyrophoric
and explosive dusts shall be in accordance with the safety codes of
the National Fire Protection Association. Such dusts include, but
are not limited to: aluminum, bronze, and magnesium powder, powdered
plastics, flour and feed, spices, starches, sugar, cocoa, sulphur,
grain (storage), and wood flour.
(4)
In the M-1 District, the following additional regulations
shall apply:
(a)
The storage, utilization, or manufacture of
solid materials or products ranging from incombustible to moderate
burning is permitted.
(b)
The storage, utilization, or manufacture of
solid materials or products ranging from free or active burning to
intense burning is permitted, provided the following condition is
met: Said materials shall be stored, utilized, or manufactured within
completely enclosed buildings having incombustible exterior walls,
or protected throughout by an automatic fire extinguishing system;
or said materials may be stored outdoors in conformance with the regulations
of McLean County, and such storage shall have 50 feet of clearance
from all property lines.
(c)
The storage and utilization of flammable liquids
or materials* which produce flammable or explosive vapors or gases
shall be permitted in accordance with the following table:
|
Total Capacity of Flammable Materials
Permitted in Gallons
| |||
|---|---|---|---|
|
Industries Engaged in Storage and Distribution
|
Above Ground
|
Underground
| |
|
Materials having a closed-cup flashpoint over
187° F.
|
Prohibited
|
100,000
| |
|
From and including 105° F. to and including
187° F.
|
Prohibited
|
40,000
| |
|
Materials having a closed-cup flashpoint of
less than 105° F.
|
Prohibited
|
20,000
| |
|
*
|
When flammable gases are stored and utilized
and measured in cubic feet, the quantity in cubic feet (at S.T.P.)
permitted shall not exceed 300 times the quantities as listed above.
|
|
Total Capacity of Flammable Materials
Permitted in Gallons
| |||
|---|---|---|---|
|
Industries Engaged in Utilization of Flammable
Materials
|
Above Ground
|
Underground
| |
|
Materials having a closed-cup flashpoint over
187° F.
|
50,000
|
100,000
| |
|
From and including 105° F. to and including
187° F.
|
20,000
|
40,000
| |
|
Materials having a closed-cup flashpoint of
less than 105° F.
|
5,000
|
10,000
| |
(5)
In the M-2 Districts, the following additional regulations
shall apply:
(a)
The storage, utilization, or manufacture of
solid materials ranging from incombustible to intense burning are
permitted, subject to applicable rules and regulations of McLean County.
(b)
The storage and utilization of flammable liquids
or materials* which produce flammable or explosive vapors or gases
shall be permitted in accordance with the following table:
|
Total Capacity of Flammable Materials
Permitted in Gallons
| |||
|---|---|---|---|
|
Industries Engaged in Storage and Distribution
|
Above Ground
|
Underground
| |
|
Materials having a closed-up flashpoint over
187° F.
|
400,000
|
Unrestricted
| |
|
From and including 105° F. to and including
187° F.
|
200,000
|
Unrestricted
| |
|
Materials having a closed-cup flashpoint of
less than 105° F.
|
100,000
|
Unrestricted
| |
|
*
|
When flammable gases are stored and utilized
and measured in cubic feet, the quantity in cubic feet (at S.T.P.)
permitted shall not exceed 300 times the quantities as listed above.
|
|
Total Capacity of Flammable Materials
Permitted in Gallons
| |||
|---|---|---|---|
|
Industries Engaged in Storage and Distribution
|
Above Ground
|
Underground
| |
|
Materials having a closed-cup flashpoint over
187° F.
|
200,000
|
Unrestricted
| |
|
From and including 105° F. to and including
187° F.
|
100,000
|
Unrestricted
| |
|
Materials having a closed-cup flashpoint of
less than 105° F.
|
50,000
|
Unrestricted
| |
(6)
Special use - M-2 Districts. When allowed as a special
use, the total capacity of flammable materials permitted in gallons
for industries engaged in storage and distribution or industries engaged
in utilization of flammable materials may be unrestricted, provided
that in both cases, within 300 feet of a lot line, no more than 50,000
gallons of materials having a closed-cup flashpoint of less than 105°
F. are stored or utilized along each 100 feet of the lot line.
G.
Glare and heat. Any operation producing intense glare
or heat shall be performed within a completely enclosed building in
such a manner as to not create a public nuisance or hazard along lot
lines. Exposed sources of light shall be shielded so as to deflect
light away from adjoining residentially zoned property or from public
streets. Direct or sky-reflected glare, from floodlights, commercial
operations or industrial operations, shall not be directed into any
adjoining property. The source of lights shall be hooded or controlled.
Bare incandescent light bulbs shall not be permitted in view of adjacent
property or road rights-of-way. Any light or combination of lights
that cast light on a public street shall not exceed one footcandle
(meter reading) as measured from the center line of the street. Any
light or combination of lights that cast light on adjacent residentially
zoned property shall not exceed 0.5 footcandle (meter reading) as
measured from said property.
