This title shall be known as the CHARLESTON, ILLINOIS UNIFIED DEVELOPMENT CODE, hereinafter referred to as "this title". (Ord. 03-O-9, 3-18-2003)

The authority to establish this title is done, at the option of the city council of this city, in accordance with 65 Illinois Compiled Statutes. (Ord. 03-O-9, 3-18-2003)

In accordance with 65 Illinois Compiled Statutes and the city's adopted comprehensive plan, the purpose of this title is to:

   A.   Promote public health, safety, comfort, order and general welfare;

   B.   Conserve and protect property values;

   C.   Protect private property rights;

   D.   Promote orderly development and use of land and natural resources;

   E.   Protect the quality and quantity of prime agricultural land;

   F.   Facilitate safe and economical provision of streets, water, wastewater disposal, schools, parks and other public requirements; and

   G.   Regulate the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes. (Ord. 03-O-9, 3-18-2003)

65 Illinois Compiled Statutes authorizes the city to adopt and enforce regulations governing zoning, planning and subdivision, and building within all or any portion of the corporate city limits and within all or any portion of the unincorporated area extending one and one-half (11/2) miles outward from the corporate city limits. (Ord. 03-O-9, 3-18-2003)

   A.   Use Of Land: Except as specifically provided hereinafter:

      1.   No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used, except for a use permitted in the district in which such building or land is located unless in a manner prescribed by this title.

      2.   No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building is located.

      3.   No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located.

      4.   No building shall be erected or structurally altered except in conformity with the off street parking and loading regulations of the district in which such building is located.

      5.   Every building erected or structurally altered hereinafter shall be located on a "lot" as defined in section 10-2-3 of this title, and in no case shall there be more than one principal building on one lot except as provided in chapter 8 of this title.

      6.   All inhabited manufactured homes shall be located in a manufactured home park, except as otherwise provided for in this title. The temporary use of a manufactured home or a temporary building in conjunction with construction work shall be permitted. No manufactured home or mobile home may be used as an accessory structure in a residential district.

      7.   No structure or land shall be occupied or used without first obtaining a certificate of occupancy from the community development director, or their designee, as specified in section 10-4-2 of this title.

   B.   Subdivision Of Land:

      1.   All divisions or subdivisions of land into two (2) or more parcels or lots that are within the jurisdiction of the city shall be subject to the procedures and requirements of chapter 4 of this title.

      2.   No subdivision plat, as defined in this title, shall be filed for record or recorded in the office of the county recorder of deeds unless and until the approval of the council is endorsed thereon by the city.

      3.   No parcel of land in a subdivision created after January 1, 1969, shall be transferred, sold, or offered for sale, nor shall a building permit be issued for any structure thereon, nor shall a certificate of occupancy for the use of any land or structure thereon be issued until a plat of subdivision has been recorded with the county recorder of deeds in accordance with this title. (Ord. 03-O-9, 3-18-2003; amd. Ord. 2025-O-5, 2-18-2025)

The following divisions of land shall be exempt from compliance with the subdivision procedures established in section 10-4-3 of this title:

   A.   Exceptions to the plat act, 765 Illinois Compiled Statutes 205/1(b) and (c).

   B.   The public acquisition of land for the widening of existing streets or for constructing other public works.

   C.   Any lot, parcel or tract of land located within the area governed by this title which has been legally subdivided or resubdivided by map or deed prior to the effective date hereof.

   D.   Cemetery lots.

   E.   An interest in oil, gas, minerals or building materials, which is now or hereafter severed from the surface ownership of real property.

   F.   The creation of a leasehold for a space within a multi- occupant building or a commercial building site; provided, that the property is a part of an approved subdivision or addition and regulated in accordance with the site plan requirements of the city.

   G.   The creation of a leasehold for agricultural use of the subject property; provided, that the use does not involve the construction of a building(s) to be used as a residence or for any purpose not directly related to agricultural use of the land or crops or livestock raised thereon. (Ord. 03-O-9, 3-18-2003)

The city council shall have the authority to waive certain standards of this title during local emergencies declared by federal, state or local officials. (Ord. 03-O-9, 3-18-2003)

   A.   Minimum Requirements: In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare.

   B.   Abrogation: It is not intended by this title to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this title imposes a greater restriction upon the use of buildings or premises or upon height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants, or agreements, the provisions of this title shall govern 1 .

   C.   Values Not A Standard: Minimum values are not intended to be target or standard values.

   D.   Severability: It hereby is declared to be the intent of the city that the provisions of this title shall be severable. If any provision is declared invalid by a court of competent jurisdiction, it is hereby declared to be the legislative intent that:

      1.   The effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid; and

      2.   Such decision shall not affect, impair or nullify this title as a whole or any other part thereof, but the rest of this title shall continue in full force and effect. (Ord. 03-O-9, 3-18-2003)

   A.   City Code Provisions: The use of buildings and land within the city shall be subject to all other applicable provisions of this code as well as this title, whether or not such other provisions of this code are specifically cross referenced in this title. Cross references to other provisions of this code are for the convenience of the reader; lack of a cross reference should not be construed as an indication that other provisions of this code do not apply.

   B.   Consistency With Comprehensive Plan:

      1.   This title, and any amendment to or actions pursuant to this title, are intended to implement the goals and policies of the Charleston comprehensive plan and are hereby deemed to be consistent with and in accordance with the adopted comprehensive plan for the city.

      2.   An amendment to the text of this title is consistent with the comprehensive plan if it complies with the goals and policies stated in the plan. An amendment to the zoning map is consistent with the comprehensive plan if the map amendment is consistent with the future land use map contained in the plan.

   C.   Conflicts: Whenever any provision of this title or any other applicable law, rule, contract, resolution or regulation of the city, county, state or federal government contains certain standards covering the same subject matter, the more restrictive requirements or higher standards shall govern.

   D.   Relationship To Private Agreements 1 : This title is not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement or legal relationship; provided, however, that where the regulations of this title are more restrictive or impose higher standards or requirements than such easement, covenant or other private agreement, the regulations of this title shall govern.

   E.   Development Under Prior Regulations:

      1.   Existing Uses: Existing legally established uses may continue as long as they are in compliance with this title. Legal nonconforming uses may continue pursuant to chapter 6 of this title.

      2.   Nonconforming Lots: Subject to the provisions of chapter 6 of this title, existing legal lots that do not meet minimum area requirements may be developed as nonconforming lots, but unless the plat specifies building setbacks, development of vacant lots shall comply with new setbacks to the greatest extent possible. A variance shall be obtained from the board of zoning appeals and planning to deviate from the standards of this title.

      3.   Development Under Review: Development under prior regulations shall be allowed, provided the city has issued a valid permit, and the permit has not expired. Any permit issued under prior regulations shall expire twelve (12) months after the effective date hereof unless the applicant completes the work.

      4.   Development Of New Uses: Any use previously permitted by right under the zoning district regulations in effect immediately prior to the effective date hereof, may be established within six (6) months of the effective date hereof, subject to issuance of a conditional use permit for the use pursuant to subsection 10-4-3D of this title.

   F.   Relationship To Other Regulations And Codes: This title establishes many, but not all, of the standards and procedures for development. Other portions of this code, as well as other standards shall apply to development, including, but not limited to, adopted building codes, fire codes, utility, street and drainage design and construction standards. (Ord. 03-O-9, 3-18-2003)