- GENERAL PROHIBITIONS2
Editor's note— C.B. No. 2022-050, § 1(Exh. 1), adopted April 5, 2022, amended the title of Art. I to read as herein set out. The former Art. I was entitled "In General."
This chapter shall be known as the "Zoning Ordinance of 1996". It may be cited as the "Zoning Ordinance," or by the appropriate chapter of the City of Champaign Municipal Code.
The purpose of this chapter is to implement the policies of the City of Champaign Comprehensive Plan as adopted from time to time by the City Council. Specific policies intended to be implemented by this chapter include, but are not limited to, the following:
(a)
To promote and protect the public health, safety, comfort, and general welfare of the people;
(b)
To provide adequate light, air, and ventilation to occupants of structures;
(c)
To conserve and protect neighborhood stability and protect property values in the City;
(d)
To maintain and preserve the character of neighborhoods by promoting development that is compatible with adjacent land uses and preventing the encroachment of inappropriate uses in residential areas;
(e)
To protect residential areas from the adverse impact from activities of more intense uses;
(f)
To provide a balance of land uses and sufficient opportunities for the various demands of residential, commercial, industrial, recreational, conservation, and public uses;
(g)
To promote the orderly, safe and sound development of residential, commercial, and industrial areas to facilitate the provision of services;
(h)
To promote more efficient use of land and compact development with regulations that allow a creative approach to site planning;
(i)
To protect against fire, explosion, noxious fumes, and other hazards in the interest of the public health and safety;
(j)
To preserve key tracts of land with access to highway, rail, and air transportation facilities for commercial and industrial use;
(k)
To require adequate off-street parking and loading facilities in order to meet the parking demands of employees, residents, and visitors;
(l)
To establish standards so parking and loading facilities are designed to minimize traffic conflicts, promote overall traffic flow, and meet the accessibility needs of all users;
(m)
To encourage infill development and the redevelopment of vacant or underutilized parcels;
(n)
To facilitate the preservation of sites, areas, and structures of historical, architectural, or cultural significance;
(o)
To provide for the gradual elimination of nonconforming uses of land, buildings and structures which adversely affect the existing character and value of desirable development in each district;
(p)
To promote use of visual aesthetics through landscaping, design, and overall character of the development as well as to prevent visually disruptive elements visible from public areas;
(q)
To provide incentives to promote a higher quality of development;
(r)
To recognize areas of unique character and accommodate those features that contribute to its sense of place;
(s)
To allow signage, providing adequate visibility for business identification and to establish sign regulations that avoid the uncontrolled proliferation of signs, that encourage unobtrusive signs, that regulate against potential traffic hazards, and that preserve the attractive character of the City;
(t)
To prevent blighting influences that may contribute to the deterioration of the neighborhood;
(u)
To insure that construction is completed in accordance with the restrictions and limitations imposed under this chapter;
(v)
To allow a variety of housing choices and promote affordable housing opportunities;
(w)
To promote unified developments that use land and services more efficiently and are sensitive to the surrounding area;
(x)
To prevent the overcrowding of land and undue concentration of structures that may create unsafe public conditions or may over burden the ability to provide services to an area;
(y)
To discourage practices that may threaten air and water quality in the area;
(z)
To encourage development and construction that promote security;
(aa)
To aid in traffic control, lessen traffic congestion, and improve traffic safety for all modes of transportation and pedestrian use;
(ab)
To limit height, density, and uses that are out of scale with the surrounding uses in order to project visual harmony;
(ac)
To promote the maintenance and upkeep of existing properties;
(ad)
To minimize the hazards resulting from the accumulation of storm runoff and flood waters;
(ae)
To encourage development that is sensitive to environmental impacts on the site and the surrounding community;
(af)
To preserve natural features and provide open space in the community.
In construing this chapter, the rules of construction and definitions contained in chapter 1 of the City of Champaign Municipal Code shall control unless inconsistent with the manifest intent of the Council or the context clearly requires otherwise.
The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided. Wherever the requirements of this ordinance are at variance with the provisions in another part of the Municipal Code, the most restrictive or higher standards, shall govern.
(a)
No person shall do or perform any one or more of the following acts except in compliance with the provisions of this chapter:
(1)
Conduct the use, arrangement, relocation or construction of a structure, or an improvement to land which does not conform with that authorized by approved plans.
(2)
Construct an improvement or conduct a use.
(3)
Conduct the use of a building or land that is nonconforming, unless such use has been established in accordance with Article XI, Nonconformities.
(4)
Conduct the use of a building or land which is a conforming use but does not meet the applicable district performance standards, or other requirements of this chapter, unless otherwise provided for in Article XII, Nonconformities.
(5)
Conduct the use of the building or land which does not comply with conditions or standards enumerated in a provisional, or special use approval.
(6)
Execute the sale, conveyance, or use of any portion of a lot that is sold, conveyed, or used which reduces the following:
a.
The lot area below the minimum area requirements of this chapter.
b.
The lot area to the extent that the floor area ratio is greater than the maximum permitted by this chapter.
c.
The usable open space areas below the open space ratio and usable open space requirements of this chapter.
d.
The depth or width of a yard to less than the minimum depth or width required by this chapter.
e.
The number and size of parking spaces on the lot is reduced below the minimum number of such spaces required by this chapter.
(7)
Execute a subdivision of land not in accordance with chapter 31 of the Municipal Code.
(8)
Have more than one principal use on one lot unless otherwise provided for in Article III, Use Regulations.
(9)
Establish, expand, enlarge, relocate, or change any use of building, structure, or land.
(10)
Establish, expand, enlarge, relocate, extend the termination of, or change any nonconforming use.
(b)
No person shall violate the provisions of this chapter. In addition to any other action which may constitute a violation, the following constitute violations of this chapter and shall be strict liability offenses.
(C.B. No. 2022-050, § 1(Exh. 1), 4-5-22)
No person shall be issued a building permit unless the development of land is in compliance with chapter 31 of the City of Champaign Municipal Code Subdivision Regulations.
(a)
The zoning district boundaries shall be adopted as part of this chapter and from time-to-time as provided in this chapter. The zoning district boundaries shall be shown on the "Official Zoning Map of the City of Champaign" adopted from time-to-time by the City Council and shall be referred to herein as the "Official Zoning Map". The Official Zoning Map shall also indicate the locations of all approved planned developments and special uses.
(b)
The Official Zoning Map shall be signed and dated by the City Clerk. All notations, colors, dimensions, references, legends, and symbols shown thereon, shall be part of this chapter as if fully described herein, and shall be filed as part of this chapter with the City Clerk.
At least once annually, no later than March 31 of each year, the City Council shall authorize the publication of an Official Zoning Map, which shall include any changes affecting district boundary lines or other matter portrayed on the Official Zoning Map, accomplished by amendment to this ordinance or otherwise, during the last calendar year. Unless otherwise provided in the ordinance amending the boundaries of any district, the classification of any lot or the regulation of uses within a district, annexation of any land, any change affecting the boundaries, or the classification shall be in full force and effect after the adoption of the amendatory ordinance regardless of whether such a change has yet been incorporated into the Official Zoning Map. Copies of all amendatory ordinances shall be made available for public reference in the offices of the City Clerk and the Zoning Administrator. If no changes in the Official Zoning Map have been made within the year, a new map need not be prepared.
(C.B. No. 2022-050, § 1(Exh. 1), 4-5-22)
(a)
The boundaries of the districts as shown on the Official Zoning Map are generally intended to coincide with the center lines of streets and alleys or with lot lines. If, on the map, the zoning district boundary line of a district:
(1)
Approximates the line of a street or alley, the boundary line shall be construed to be the center line of the street or alley.
(2)
Approximates the boundary line of a platted lot, the district boundary line shall be construed to be the lot line.
(3)
Boundaries indicated as following railroad lines, shall be construed to be the center line of the railroad right-of-way.
(4)
Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) above, shall be so construed.
(5)
Where a district boundary divides a platted lot or unplatted or unsubdivided property into distinct parts, the district boundary lines shown on the map shall be determined by the scale appearing on the Official Zoning Map.
(b)
Where physical features on the ground are at variance with those shown on the Official Zoning Map, or other circumstances exist not covered by this section, the Zoning Official shall interpret the district boundaries.
Except as otherwise provided in this chapter, whenever in this chapter there is a requirement that a particular use of land or building is to be located within a certain distance of or a minimum distance from another use of land or building, a zoning district, or a public street, the distance in question shall be measured in a straight line from the nearest point on the lot where the use of land or building is located to the following point, as applicable:
(1)
The nearest point on the lot where the other use of land or building is located;
(2)
The nearest point on the zoning district in question; or
(3)
The nearest point on the right-of-way that includes the public street in question.
(C.B. No. 2004-295, § 1, 11-16-04)
- GENERAL PROHIBITIONS2
Editor's note— C.B. No. 2022-050, § 1(Exh. 1), adopted April 5, 2022, amended the title of Art. I to read as herein set out. The former Art. I was entitled "In General."
This chapter shall be known as the "Zoning Ordinance of 1996". It may be cited as the "Zoning Ordinance," or by the appropriate chapter of the City of Champaign Municipal Code.
The purpose of this chapter is to implement the policies of the City of Champaign Comprehensive Plan as adopted from time to time by the City Council. Specific policies intended to be implemented by this chapter include, but are not limited to, the following:
(a)
To promote and protect the public health, safety, comfort, and general welfare of the people;
(b)
To provide adequate light, air, and ventilation to occupants of structures;
(c)
To conserve and protect neighborhood stability and protect property values in the City;
(d)
To maintain and preserve the character of neighborhoods by promoting development that is compatible with adjacent land uses and preventing the encroachment of inappropriate uses in residential areas;
(e)
To protect residential areas from the adverse impact from activities of more intense uses;
(f)
To provide a balance of land uses and sufficient opportunities for the various demands of residential, commercial, industrial, recreational, conservation, and public uses;
(g)
To promote the orderly, safe and sound development of residential, commercial, and industrial areas to facilitate the provision of services;
(h)
To promote more efficient use of land and compact development with regulations that allow a creative approach to site planning;
(i)
To protect against fire, explosion, noxious fumes, and other hazards in the interest of the public health and safety;
(j)
To preserve key tracts of land with access to highway, rail, and air transportation facilities for commercial and industrial use;
(k)
To require adequate off-street parking and loading facilities in order to meet the parking demands of employees, residents, and visitors;
(l)
To establish standards so parking and loading facilities are designed to minimize traffic conflicts, promote overall traffic flow, and meet the accessibility needs of all users;
(m)
To encourage infill development and the redevelopment of vacant or underutilized parcels;
(n)
To facilitate the preservation of sites, areas, and structures of historical, architectural, or cultural significance;
(o)
To provide for the gradual elimination of nonconforming uses of land, buildings and structures which adversely affect the existing character and value of desirable development in each district;
(p)
To promote use of visual aesthetics through landscaping, design, and overall character of the development as well as to prevent visually disruptive elements visible from public areas;
(q)
To provide incentives to promote a higher quality of development;
(r)
To recognize areas of unique character and accommodate those features that contribute to its sense of place;
(s)
To allow signage, providing adequate visibility for business identification and to establish sign regulations that avoid the uncontrolled proliferation of signs, that encourage unobtrusive signs, that regulate against potential traffic hazards, and that preserve the attractive character of the City;
(t)
To prevent blighting influences that may contribute to the deterioration of the neighborhood;
(u)
To insure that construction is completed in accordance with the restrictions and limitations imposed under this chapter;
(v)
To allow a variety of housing choices and promote affordable housing opportunities;
(w)
To promote unified developments that use land and services more efficiently and are sensitive to the surrounding area;
(x)
To prevent the overcrowding of land and undue concentration of structures that may create unsafe public conditions or may over burden the ability to provide services to an area;
(y)
To discourage practices that may threaten air and water quality in the area;
(z)
To encourage development and construction that promote security;
(aa)
To aid in traffic control, lessen traffic congestion, and improve traffic safety for all modes of transportation and pedestrian use;
(ab)
To limit height, density, and uses that are out of scale with the surrounding uses in order to project visual harmony;
(ac)
To promote the maintenance and upkeep of existing properties;
(ad)
To minimize the hazards resulting from the accumulation of storm runoff and flood waters;
(ae)
To encourage development that is sensitive to environmental impacts on the site and the surrounding community;
(af)
To preserve natural features and provide open space in the community.
In construing this chapter, the rules of construction and definitions contained in chapter 1 of the City of Champaign Municipal Code shall control unless inconsistent with the manifest intent of the Council or the context clearly requires otherwise.
The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided. Wherever the requirements of this ordinance are at variance with the provisions in another part of the Municipal Code, the most restrictive or higher standards, shall govern.
(a)
No person shall do or perform any one or more of the following acts except in compliance with the provisions of this chapter:
(1)
Conduct the use, arrangement, relocation or construction of a structure, or an improvement to land which does not conform with that authorized by approved plans.
(2)
Construct an improvement or conduct a use.
(3)
Conduct the use of a building or land that is nonconforming, unless such use has been established in accordance with Article XI, Nonconformities.
(4)
Conduct the use of a building or land which is a conforming use but does not meet the applicable district performance standards, or other requirements of this chapter, unless otherwise provided for in Article XII, Nonconformities.
(5)
Conduct the use of the building or land which does not comply with conditions or standards enumerated in a provisional, or special use approval.
(6)
Execute the sale, conveyance, or use of any portion of a lot that is sold, conveyed, or used which reduces the following:
a.
The lot area below the minimum area requirements of this chapter.
b.
The lot area to the extent that the floor area ratio is greater than the maximum permitted by this chapter.
c.
The usable open space areas below the open space ratio and usable open space requirements of this chapter.
d.
The depth or width of a yard to less than the minimum depth or width required by this chapter.
e.
The number and size of parking spaces on the lot is reduced below the minimum number of such spaces required by this chapter.
(7)
Execute a subdivision of land not in accordance with chapter 31 of the Municipal Code.
(8)
Have more than one principal use on one lot unless otherwise provided for in Article III, Use Regulations.
(9)
Establish, expand, enlarge, relocate, or change any use of building, structure, or land.
(10)
Establish, expand, enlarge, relocate, extend the termination of, or change any nonconforming use.
(b)
No person shall violate the provisions of this chapter. In addition to any other action which may constitute a violation, the following constitute violations of this chapter and shall be strict liability offenses.
(C.B. No. 2022-050, § 1(Exh. 1), 4-5-22)
No person shall be issued a building permit unless the development of land is in compliance with chapter 31 of the City of Champaign Municipal Code Subdivision Regulations.
(a)
The zoning district boundaries shall be adopted as part of this chapter and from time-to-time as provided in this chapter. The zoning district boundaries shall be shown on the "Official Zoning Map of the City of Champaign" adopted from time-to-time by the City Council and shall be referred to herein as the "Official Zoning Map". The Official Zoning Map shall also indicate the locations of all approved planned developments and special uses.
(b)
The Official Zoning Map shall be signed and dated by the City Clerk. All notations, colors, dimensions, references, legends, and symbols shown thereon, shall be part of this chapter as if fully described herein, and shall be filed as part of this chapter with the City Clerk.
At least once annually, no later than March 31 of each year, the City Council shall authorize the publication of an Official Zoning Map, which shall include any changes affecting district boundary lines or other matter portrayed on the Official Zoning Map, accomplished by amendment to this ordinance or otherwise, during the last calendar year. Unless otherwise provided in the ordinance amending the boundaries of any district, the classification of any lot or the regulation of uses within a district, annexation of any land, any change affecting the boundaries, or the classification shall be in full force and effect after the adoption of the amendatory ordinance regardless of whether such a change has yet been incorporated into the Official Zoning Map. Copies of all amendatory ordinances shall be made available for public reference in the offices of the City Clerk and the Zoning Administrator. If no changes in the Official Zoning Map have been made within the year, a new map need not be prepared.
(C.B. No. 2022-050, § 1(Exh. 1), 4-5-22)
(a)
The boundaries of the districts as shown on the Official Zoning Map are generally intended to coincide with the center lines of streets and alleys or with lot lines. If, on the map, the zoning district boundary line of a district:
(1)
Approximates the line of a street or alley, the boundary line shall be construed to be the center line of the street or alley.
(2)
Approximates the boundary line of a platted lot, the district boundary line shall be construed to be the lot line.
(3)
Boundaries indicated as following railroad lines, shall be construed to be the center line of the railroad right-of-way.
(4)
Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) above, shall be so construed.
(5)
Where a district boundary divides a platted lot or unplatted or unsubdivided property into distinct parts, the district boundary lines shown on the map shall be determined by the scale appearing on the Official Zoning Map.
(b)
Where physical features on the ground are at variance with those shown on the Official Zoning Map, or other circumstances exist not covered by this section, the Zoning Official shall interpret the district boundaries.
Except as otherwise provided in this chapter, whenever in this chapter there is a requirement that a particular use of land or building is to be located within a certain distance of or a minimum distance from another use of land or building, a zoning district, or a public street, the distance in question shall be measured in a straight line from the nearest point on the lot where the use of land or building is located to the following point, as applicable:
(1)
The nearest point on the lot where the other use of land or building is located;
(2)
The nearest point on the zoning district in question; or
(3)
The nearest point on the right-of-way that includes the public street in question.
(C.B. No. 2004-295, § 1, 11-16-04)