Bloomington City Zoning Code
ARTICLE VIII
Zoning Overlay District Regulations
§ 44-801 [Ch. 44, 8-1] Purpose and intent.
A.
S-1 Aircraft Noise Impact District. The intent of this S-1 Aircraft Noise Impact District is to restrict the development of noise sensitive uses in areas with unique noise impacts emanating from aircraft operations. This overlay district is generally defined as the area within the significant noise impact area around the Central Illinois Regional Airport. The Official Zoning Map establishes and defines the boundary of this overlay district and is made a part of this Code and is established to promote sound land use planning in noise impact areas through the consideration of federal guidelines, the objectives of the City's Official Comprehensive Plan, and past City action affecting land use near the Central Illinois Regional Airport.
B.
(Reserved)
C.
S-4 Historic Preservation District. The intent of this S-4 Historic Preservation District is to promote the-protection, enhancement, perpetuation, and use of improvements of special character or special historical interest or value. The City of Bloomington finds that the preservation of such resources is a public necessity and is required in the interest of the health, prosperity, safety, and welfare of its citizens. This S-4 Historic Preservation District shall be applied as an overlay district in combination with underlying base zoning districts as shown on the Official Zoning Map. The purpose of the S-4 Historic Preservation District is to:
(1)
Effect and accomplish the protection, enhancement, and perpetuation of such improvements that represent or reflect elements of the City's cultural, social, economic, political, and architectural history;
[Amended 2-27-2023 by Ord. No. 2023-19]
(2)
Safeguard the City's historic and cultural heritage, as embodied and reflected in such landmarks and historic districts;
(3)
Stabilize and improve property values;
(4)
Foster civic pride in the beauty and noble accomplishments of the past;
(5)
Protects and enhance the City's attractions to residents, home buyers, tourists, and visitors and shoppers, thereby supporting and promoting business, commerce and industry;
(6)
Strengthen the economy of the City; and
(7)
Promote the use of historic districts and landmarks for education, pleasure, and welfare of the people of the City.
§ 44-802 [Ch. 44, 8-2] S-1 Aircraft Noise Impact District.
A.
Designation of district. The S-1 Aircraft Noise Impact District shall be established as an overlay zone in combination with all other zoning districts which lie within the boundaries of Airport Noise Impact Zones as established by the Official Zoning Map. The boundaries of the Airport Noise Impact Zones are in part, determined by the location of 60 Ldn and 65 Ldn noise contours as designated on the Official Zoning Map. Where a specific noise contour is referenced as a determinant of the Airport Noise Impact Zone and/or the regulations pertaining thereto, said noise contours will be identified by the year in which the measurements and computations deriving said noise contour were made. If no date is associated with a noise contour, the reference is to the most recently derived noise contour of the given value.
B.
Restricted uses.
(1)
Areas within the 65 Ldn or higher Airport Noise Impact Zone. The development or construction of any new child care facility, residential building, structure designed or intended for overnight stay, or similar use as determined by the Zoning Administrator is prohibited.
(2)
Areas between the 60 Ldn and 65 Ldn Airport Noise Impact Zones. Any new child care facility, residential building, structure designed or intended for overnight stay, or similar use as determined by the Zoning Administrator meet the following standards.
(a)
Buildings shall be constructed with the following sound insulation materials to address the goal of achieving a day/night average maximum interior noise level of 45 dBa and to meet or exceed the following Sound Transmission Class (STC) ratings:
[1]
Exterior walls shall meet the STC rating of at least 30;
[2]
Exterior doors shall include a storm door or meet the STC rating of at least 28;
[3]
Exterior windows shall meet the STC rating of at least 28;
[4]
A minimum of R-30 insulation shall be provided in the attic with soffit wind baffles or the roof shall meet the STC rating of 39.
(b)
Basement windows shall be insulated glass or have windows well covers;
(c)
Fireplaces shall be provided with a well-fitted damper or fireplace doors if a damper is not allowed by City Code; and
(d)
Central air conditioning shall be provided.
C.
Variations. The City shall consult and obtain a written recommendation from the Central Illinois Regional Airport Authority prior to consideration of any variation to this § 44-802. The Construction Board of Appeals shall be responsible for reviewing variations of the provisions of this § 44-802 pertaining to building construction and/or acoustical insulation. The Zoning Board of Appeals shall be responsible for reviewing all other variations of this § 44-802 not pertaining to building construction or sound insulation.
[Amended 10-24-2022 by Ord. No. 2022-99; 3-25-2024 by Ord. No. 2024-015]
§ 44-804 [Ch. 44, 8-4] S-4 Historic Preservation District.
[Amended 10-26-2020 by Ord. No. 2020-69; 2-27-2023 by Ord. No. 2023-19; 4-28-2025 by Ord. No. 2025-034]
A.
Applicability.
(1)
The S-4 Historic Preservation District is an overlay district which shall be applied in combination with one or more underlying base zoning districts, as shown on the Official Zoning Map. The S-4 Historic District designation may be applied to a single property (historic landmark) or group of properties (historic district) subject to the nomination process defined herein.
(2)
In an S-4 Historic Preservation District, all regulations of the underlying Agriculture District, Residence District, Business District, Manufacturing District or Public Interest District shall apply, except insofar as such regulations are in conflict with the special regulations applicable to the S-4 Historic Preservation District, and in the event of such conflict, the regulations governing such S-4 District shall apply. All permitted uses or special uses otherwise allowable in the underlying Agriculture District, Residence District, Business District, Manufacturing District or Public Interest District shall continue to be allowable uses except as provided in the designating ordinance, described in § 44-804B(6) of this Code.
B.
Designation of Landmarks and Historic Districts.
(1)
Nominations. A nomination for a historic landmark or historic district may be submitted by the Preservation Commission, at least 51% of the owners of record of the nominated property or structure(s), or the City Council, and shall be submitted on a form provided by the Office of Development Services.
(2)
Criteria for consideration of nominations. The Preservation Commission shall, upon such investigation as it deems necessary, make a determination as to whether a nominated property, structure, or area possesses sufficient integrity of location, design, materials, and workmanship to make it worthy of preservation or restoration and meets one or more of the following criteria:
(a)
Its character, interest, or value as part of the development, heritage, or cultural characteristics of the City, County of McLean, State of Illinois, or the United States of America (the Nation);
(b)
Its location as a site of a significant local, county, state, or national event;
(c)
Its identification with a person or persons who significantly contributed to the development of the City, County of McLean, State of Illinois, or the Nation;
(d)
Its embodiment of distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction, or use of indigenous materials;
(e)
Its identification as the work of a master builder, designer, architect, or landscape architect whose individual work has influenced the development of the City, County of McLean, State of Illinois, or the Nation;
(f)
Its embodiment of elements of design, detailing, materials, or craftsmanship that render it architecturally significant;
(g)
Its embodiment of design elements that make it structurally or architecturally innovative;
(h)
Its unique location or singular physical characteristics that make it an established or familiar visual feature;
(i)
Its character as a particularly fine or unique example of a utilitarian structure, including, but not limited to farmhouses, gas stations, or other commercial structures, with a high level of integrity or architectural significance; and/or
(j)
Its suitability for preservation or restoration.
(3)
Preservation Commission review procedures.
(a)
Timeline. Within 45 days from receipt of a completed nomination, unless as extended by mutual agreement of the property owner(s), applicant and Director of Development Services, the Preservation Commission shall conduct a public hearing on the nomination of a historic landmark or historic district.
(b)
Public notice. Notice of the public hearing shall be distributed at least 15 days prior to the hearing, in the following manner:
[1]
By mail. Notice shall be sent by mail to the owner(s) of record and to the nominators, as well as to property owners adjoining the nominated historic landmark or historic district. Notice shall include the date, time, place, and purpose of the public hearing and a copy of the completed nomination form.
[2]
Newspaper. Notice shall also be published in a newspaper having general circulation in the City. Notice shall include the date, time, place, and purpose of the public hearing and shall state the street address and legal description of the nominated landmark and/or the boundaries of a nominated historic district.
(c)
Public hearing. Oral or written testimony concerning the significance of the nominated historic landmark or historic district shall be taken at the public hearing from any person concerning the nomination. The owner of any nominated landmark or of any property within a nominated historic district shall be allowed reasonable opportunity to present evidence regarding significance and shall be afforded the right of representation by counsel and reasonable opportunity to cross-examine expert witnesses. The hearing shall be closed upon completion of testimony.
(d)
Recommendation and report. Within 60 days from receipt of a completed nomination, the Preservation Commission shall make findings and a recommendation as to whether the nominated landmark or historic district meets the criteria for designation and adopt such findings by resolution. The resolution shall be accompanied by a report to the Planning Commission containing the following information:
[1]
Explanation of the significance or lack of significance of the nominated landmark or historic district as it relates to the criteria for designation;
[2]
Explanation of the integrity or lack of integrity of the nominated landmark or historic district;
[3]
In the case of a nominated landmark found to meet the criteria for designation:
[a]
The significant exterior architectural features of the nominated landmark that should be protected;
[4]
In the case of a nominated historic district found to meet the criteria for designation:
[5]
(Reserved)
[6]
The relationship of the nominated landmark or historic district to the ongoing effort of the Preservation Commission to identify and nominate all potential areas and structures that meet the criteria for designation;
[7]
Recommendations as to appropriate permitted uses, special uses, height and area regulations, minimum dwelling unit size, floor area, sign regulations, and parking regulations necessary or appropriate to the preservation of the nominated landmark or historic district;
[8]
A map showing the location of the nominated landmark and the boundaries of the nominated historic district.
(e)
Transmittal to Planning Commission. The recommendations and report of the Preservation Commission shall be sent to the Planning Commission within seven days following the vote on the resolution and shall be available to the public in the Office of the City Clerk.
(4)
Planning Commission review procedures.
(a)
Timeline. The Planning Commission shall schedule a public hearing on the nomination within 30 days following receipt of a report and recommendation from the Preservation Commission regarding a nomination for a historic landmark or historic district.
(c)
Public hearing. Public hearings shall be conducted in the manner provided in § 44-1705. The Preservation Commission may present expert testimony or present its own evidence regarding the compliance of the nominated historic landmark or historic district with the criteria for consideration of a nomination set forth in § 44-804B(2).
(d)
Determination by Planning Commission. Within 30 days following close of the public hearing, the Planning Commission shall make a determination, based upon the evidence presented, as to whether the nominated historic landmark or historic district meets the criteria for designation. Such a determination shall be passed by resolution of the Planning Commission and shall be accompanied by a report stating the findings of the Planning Commission concerning the relationship between the criteria for designation in § 44-804B(2) and the nominated historic landmark or historic district and all other information required by § 44-804B(3). A concurring vote by a 2/3 of Planning Commission members then holding office shall be required to reach a determination that a nominated historic landmark or historic district does not meet the criteria for designation.
(e)
Notification of determination. Within seven days following determination by the Planning Commission, notice of the Planning Commission's determination, including a copy of the commission's resolution and report, shall be sent to the following parties:
(5)
Appeal. A determination by the Planning Commission that the nominated historic landmark or historic district does not meet the criteria for designation shall be a final administrative decision reviewable under the Illinois Administrative Review Act provided, however, that the nominator or any owner of the nominated landmark or of property within the nominated historic district may within 30 days after the postmarked date of the notice of the determination, file with the City Clerk a written appeal to the Council pursuant to the procedures contained in Article XVII of this Code.
(6)
City Council action.
(a)
Timeline. The City Council shall act upon a nomination to designate a historic landmark or historic district, or upon an appeal of the Planning Commission's findings to deny such nomination, within 60 days after receiving the Planning Commission's recommendation or a written appeal. The Council's action to deny historic designation or to reject an appeal shall be made in the form of a resolution; approval shall be made by ordinance. Any resolution or ordinance shall be accompanied by a written statement explaining the reasons for the Council's action.
(b)
Public hearing. The City Council may hold a public hearing before enacting the resolution or ordinance and provide notice and take testimony in the same manner as provided in § 44-804B(4)(a) and (b).
(c)
Notification of action. Within seven days following City Council action on a nomination or appeal, the City Clerk shall provide written notification of the action of the Council by regular mail to the nominator, the appellant, and/or the owner(s) of record of the nominated landmark or all owners of record of properties within a nominated historic district. The notice shall include a copy of the designation ordinance or resolution passed by the Council. A copy of each designation ordinance shall be sent to the Preservation Commission, the Planning Commission, and the Director of Development Services.
(d)
Designating ordinance. Upon designation, the historic landmark or historic district shall be classified as a "S-4 Historic Preservation District" overlay district as provided in § 44-804A of this Code. The designating ordinance may prescribe the significant exterior architectural features; the types of construction, alteration, demolition, and removal, other than those requiring a building or demolition permit that should be reviewed for appropriateness; the design guidelines for applying the criteria for review of appropriateness; and sign regulations. Procedures for issuance of certificates of appropriateness are contained in Article XVII of this Code.
(e)
The City Clerk shall record on all directly affected parcels, in the office of the Recorder of Deeds of McLean County, a certified copy of the designating ordinance, including all exhibits and any supporting information or documents necessary to further the explanation of significance of the landmark or historic district.
(7)
Interim control. No building permit shall be issued by the Director of Development Services for alteration, construction, demolition, or removal of a nominated historic landmark or of any property or structure within a nominated historic district from the date of the Preservation Commission meeting at which a nomination form is first presented until the final disposition of the nomination by the City Council unless such alteration, removal, or demolition is authorized by formal resolution of the City Council as necessary for public health, welfare, or safety. Unless extended by mutual agreement of the property owner(s), applicant and Director of Development Services, the delay of the permit shall not exceed 180 days.
C.
Amendment and rescission of designation. Designation may be amended or rescinded upon application to the Preservation Commission and compliance with the same procedure and according to the same criteria set forth herein for designation.
D.
Bulk regulations.
(1)
The following bulk regulations shall apply to all permitted uses:
(a)
Lot regulations. To the extent that existing lot patterns, including lot size, shape, and orientation, contribute to the character of the S-4 Historic Preservation District, it is the intent of this section to encourage continuation of such patterns and prevent future fragmentation of landownership in a manner that would be inconsistent with, or have adverse effects on such character.
[1]
Lots or portions of lots existing at the time of the S-4 Historic Preservation District designation may be combined subject to compliance with the designating ordinance and the general exceptions cited in § 44-902 of this Code.
[2]
Lots or combinations of lots or portions thereof may only be reduced in width, depth, or area subject to compliance with the standards of the underlying zoning district, the designating ordinance, and approval by the Preservation Commission in accordance with the procedures defined in Article XVII of this Code.
(b)
Yard regulations. Subject to the general exceptions cited by § 44-902 of this Code and compliance with the standards of the underlying zoning district and designating ordinance, front yards, side yards, rear yards or portions thereof may be reduced in width, depth, or area only upon approval by the Preservation Commission in accordance with the procedures defined in Article XVII of this Code.
(c)
Height regulations.
[1]
Existing buildings or structures. Subject to the general exceptions cited by § 44-902 of this Code and compliance with the standards of the underlying zoning district and designating ordinance, the height of buildings or structures or portions thereof may be altered only upon approval by the Preservation Commission in accordance with the procedures defined in Article XVII of this Code.
[2]
New buildings or structures. Subject to the general exceptions cited by § 44-902 of this Code and compliance with the standards of the underlying zoning district and designating ordinance, a building or structure may be constructed, placed, or erected to any height above grade only upon approval by the Preservation Commission in accordance with the procedures defined in Article XVII of this Code.
(d)
Building permit review. A building permit authorizing a new building or structure, or an exterior alteration or addition to any existing building or structure shall only be issued by the Director of Development Services subject to compliance with the designating ordinance and subsequent to review and approval by the Preservation Commission in accordance with the procedures defined in Article XVII of this Code.