This is the Grundy County, Illinois, unified development ordinance. It may be referred to as the "UDO" or as "this ordinance". (Ord. 10-001, 1-12-2010)

   A.   General Purposes: The general purposes of this UDO are to promote the public health, safety, convenience, and general welfare by:

      1.   Conforming with the comprehensive plan for Grundy County.

      2.   Preserving, enhancing, and protecting the rural character of Grundy County by:

         a.   Promoting compact urban form;

         b.   Promoting the continuation of agriculture as the predominant land use in the unincorporated area of the county;

         c.   Ensuring that whatever residential development occurs in the agricultural areas does not disrupt agriculture and preserves agricultural land; and

         d.   Coordinating with the general plans and land use regulations of the incorporated villages and cities within the county.

      3.   Protecting the quality of life of county residents by:

         a.   Preventing the overcrowding of land and undue concentration of population;

         b.   Securing adequate light, air, convenience of access, and safety from fire, flood, and other danger;

         c.   Minimizing conflicts among adjacent land uses; and

         d.   Preserving and protecting places and areas of historical, cultural, scenic, or architectural importance and significance.

      4.   Ensuring that highway systems are carefully planned to:

         a.   Lessen or avoid congestion in public ways;

         b.   Enhance opportunities for multimodal and nonvehicular travel; and

         c.   Reduce vehicle miles traveled.

      5.   Ensuring that the community grows with adequate public way, utility, health, educational, and recreational facilities by:

         a.   Promoting the orderly growth, development, improvement, and redevelopment of the community; and

         b.   Protecting natural resources and the environment including water supplies, sensitive ecosystems, and scenic vistas.

      6.   Ensuring that the needs of business and industry are recognized by:

         a.   Providing for sufficient commercial and industrial property to allow for economic development within the county;

         b.   Providing for a fair, orderly, and efficient development review process; and

         c.   Protecting the value of property and buildings.

      7.   Ensuring that residential areas provide healthful surroundings for family life.

      8.   Protecting the fiscal and functional integrity of the county by:

         a.   Ensuring that the growth of the county is commensurate with and in support of the efficient and economical use of public funds; and

         b.   Encouraging development in areas where transportation, water, sewers, schools, parks, and other public requirements exist, and limit development where such facilities do not exist.

   B.   Specific Purposes: Specific purposes of this UDO are set out for individual chapters and for some sections. (Ord. 10-001, 1-12-2010)

The authority for this UDO is established by all relevant grants of authority in the Illinois Compiled Statutes and county ordinances. (Ord. 10-001, 1-12-2010)

All development within the boundaries of unincorporated Grundy County, as may be modified from time to time by municipal annexation, and all land use applications made to the county for property within the county shall comply with the provisions of this UDO. (Ord. 10-001, 1-12-2010)

No land shall be developed except in accordance with the applicable provisions of this UDO. All the following are considered "development" that is subject to the applicable requirements of this UDO:

   A.   Use: The use of any building, structure, land, or water. This includes new uses, expansions, and material changes to the operational characteristics of existing uses.

   B.   Land Clearing: Land clearing in anticipation of development for nonagricultural purposes shall be authorized by the issuance of a tree removal permit and shall only be in accordance with approved plans (see section 8-9-11, "Preservation Of Trees And Other Vegetation", of this title). Where site improvement permits are not required, land shall not be cleared for installation of infrastructure until all required development approvals (e.g., subdivision plat or development plat) are granted.

   C.   Other Disturbance Or Alteration: Any other disturbance of land, soil, vegetation, or waterways, including alteration of land for development or other purposes, shall conform to the applicable standards contained in this UDO.

   D.   Division Or Subdivision: Any division of land for land development, for sale, or for lease, whether by subdivision or any other technique shall comply with all applicable requirements of this UDO. (Ord. 10-001, 1-12-2010)

   A.   Exceptions:

      1.   Existing planned unit developments (PUDs) approved and partially developed shall be controlled by the provisions of the PUD ordinance under which they were approved. If they are to be modified, the procedures for a plat approval and zoning change in this title shall be used.

      2.   Any development granted final approval prior to the adoption hereof shall be controlled by the development standards in place at the time of approval. However, if construction permits have not been obtained within twelve (12) months of that approval, the provisions of this UDO shall be met.

   B.   Exemptions: The following are exempt from the provisions of this UDO:

      1.   Existing Uses: Uses legally established at the time of adoption hereof shall be allowed to continue; however, all nonconforming uses shall be subject to chapter 12, "Nonconforming Structures, Uses, And Land", of this title.

      2.   Agricultural Land: The regulations of this UDO are not imposed on land used for agricultural purposes or for the erection, maintenance, repair, alteration, remodeling, or extension of buildings used for such agricultural purposes on such land; except that such buildings for agricultural purposes shall be required to conform to building setback lines.

      3.   Public Utilities: The regulations of this UDO do not specify or regulate the following:

         a.   The type or location of poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or similar distributing equipment; regulator and compressor stations, and the underground storage of gas for a public utility or natural gas company including facilities and exploratory and operating wells.

         b.   Utility scale wind energy conversion systems ("wind farms") or small wind energy conversion systems are not exempted from these UDO requirements. The standards for wind energy conversion systems are listed in sections 8-2-5-34, "Utility Scale Wind Energy Conversion Systems (U-SWECS)" and 8-2-3-14, "Small Scale Wind Energy Conversion Systems", of this title. (Ord. 10-001, 1-12-2010)

   A.   General: The following zoning districts are established:

      1.   Agricultural:

         A - Agricultural.

         AR - Agricultural residential.

      2.   Residential:

         PR - Planned residential.

         R - Residential.

      3.   Nonresidential:

         CG - Commercial general.

         CI - Commercial interchange.

         I - Industrial.

   B.   Comparison To Former Zoning Districts: Table 8-1-3-1, "General Zoning District Comparison", of this section, shows the approximate relationship between the districts established by this section and the districts from the former zoning ordinance, which they replace. The table is provided for rough comparative purposes only.

            TABLE 8-1-3-1
            GENERAL ZONING DISTRICT COMPARISON

 

(Ord. 10-001, 1-12-2010)

   A.   General: The "zoning map" shows the boundaries of the zoning districts that are established by section 8-1-3-1, "Zoning Districts", of this chapter. The zoning map has been adopted by Grundy County and all of its notations are an official part of this title.

   B.   Availability: The zoning map is held in the Office of the Grundy County Land Use Department.

   C.   Official Zoning Map: The official zoning map is on file in the County Administrative Building; it is maintained to reflect all zoning district boundary amendments. (Ord. 10-001, 1-12-2010)

The following rules shall be used to determine the precise location of any zoning district boundary line shown on the zoning map:

   A.   Property Lines: Boundary lines shown as following, or approximately following, lot lines or other property lines shall be construed as following such lines.

   B.   Rights-Of-Way: Boundary lines shown as following, or approximately following, streets, alleys, railroad tracks, or utility lines shall be construed as following the centerline of the right-of-way. Where streets or alleys on the ground differ from streets or alleys shown on the zoning map, the streets or alleys on the ground control.

   C.   Watercourses: Boundaries shown as following, or approximately following, the centerline of streams or other watercourses shall be construed as following the channel centerline. In the event of a natural change in the location of such streams or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline.

   D.   Parallel To Features: Boundaries shown as separated from and parallel, or approximately parallel, to any of the features listed in subsections A through C of this section, shall be construed to be parallel to such features and at such distances as are shown on the zoning map.

   E.   Single Ownership Land Or Land With No Identifiable Feature: On single ownership (nonsubdivided) land or when a district boundary follows no identifiable feature, the location of district boundaries shall be determined by applying the following rules in order until the boundaries are known:

      1.   First, by referring to dimensions shown on the official zoning map (if any).

      2.   Second, by using the map scale appearing on the official zoning map.

   F.   Determination By County Board: Questions concerning the exact locations of zoning district boundary lines shall be resolved by the County Board after receiving recommendations from the Zoning Board of Appeals, and Land Use Committee. (Ord. 2018-012, 6-12-2018)

Where a parcel proposed for development is located in more than one zoning district, the development shall be treated as if it were two (2) or more separate parcels under the same ownership with the district boundary(ies) acting as the parcel boundary. Development within each sector of the parcel shall conform to the provisions of its respective district. (Ord. 10-001, 1-12-2010)

Any additions to the unincorporated area of the County resulting from disconnection from municipalities or otherwise, shall be classified in the Agricultural (A) District. Affected areas may be subsequently rezoned by amendment in accordance with the requirements of section 8-14-9, "Map Amendments", of this title. (Ord. 10-001, 1-12-2010)

The district purposes are set forth with regard to the general use or purpose of the district, the community character the district creates, the types of uses permitted, and the infrastructure requirements of the uses. (Ord. 10-001, 1-12-2010)

This district is intended to permit agriculture to be the primary use of land and restrict residential uses or activities that interfere with agriculture.

   A.   Character: This district is entirely rural in character. The minimum lot size requirements and open space ratios for uses and other controls are set so that, at full development, the area will remain rural in appearance and open space can be used for agricultural purposes.

   B.   Uses: Agriculture is the primary use of the land. Other uses that are accessory to the agricultural use are permitted on farmsteads to enhance the total value of the agricultural operation to its owner. Residential uses are limited in this district and require the permanent set aside of adjacent lands that preserve natural areas or agriculture.

   C.   Water And Sewer: Water supply and sanitary sewage disposal is normally provided by wells and septic systems on an individual lot basis. (Ord. 10-001, 1-12-2010)

This district is intended to provide a higher density of residential development than is otherwise permitted in the agricultural (A) district. Residential development is permitted for those tracts of land within or adjacent to agricultural areas where it is determined that:

   A.   Such land, by virtue of its physical characteristics, is not well suited for agricultural purposes;

   B.   The development of the land for residential use will not substantially impair the use of adjacent properties for agricultural use; and

   C.   The development of rural land for residential use will not substantially impact the existing road system, increase the requirements for public services, or change the rural character of the area. (Ord. 10-001, 1-12-2010)

This district is the primary residential district to meet very specific needs that are compatible with the rural nature of the county. The district is intended to provide for well planned residential communities in naturally attractive areas, while avoiding suburbanization or competition with incorporated cities and villages.

   A.   Development Forms: This district is intended to accommodate new master planned residential communities in rural unincorporated areas. It is intended for future development as, upon adoption, no areas are zoned this category. Where land is outside the urban service boundary of a city or village, and the county desires to protect the rural area from further annexation, it may zone the area as planned residential with a planned development approval for a conservation development.

   B.   Uses: This district is intended to allow specialized residential development in a limited and controlled fashion.

   C.   Infrastructure: Single-family sites may be served by on site wells and septic systems or by public utilities depending on the lot size and configurations of development.

   D.   Master Plan Required: In accordance with 55 Illinois Compiled Statutes 5/5-12009.5(a), developments in this district shall be designated as special uses, and approval will require submittal and issuance of a special use permit and master plan acceptance at the time of rezoning. (Ord. 10-001, 1-12-2010)

   A.   General: This district is intended to preserve the character of the designated existing residential neighborhoods that were developed under prior zoning categories that are no longer used in this UDO or of platted areas that may now be nonconforming. This district ensures that owners of property in designated established neighborhoods are not required to seek variances to improve existing homes that were either built before zoning regulations were adopted or conformed to the regulations that were in effect with the previous ordinance. Any nonconformities or zoning violations that existed at the time of adoption of this UDO shall remain in effect. Variances will be required when improvements to existing homes would otherwise violate or not conform to the regulations that were in effect with previous ordinances.

   B.   Character: This district has a predominantly single-family residential character.

   C.   Uses: The district is intended to preserve existing residential character and discourage conversion of residential uses to other uses.

   D.   Infrastructure: Water and sewer service are provided by on site wells and septic systems or by public utilities depending on the lot size and configurations of development. (Ord. 10-001, 1-12-2010)

   A.   General: This district is the primary commercial district. It accommodates retail and commercial service uses primarily located along the major highways or, in some cases, isolated rural areas.

   B.   Character: This district has an auto-urban character, generally characterized by a large amount of parking or vehicle storage (that often exceeds the building coverage). Landscape buffers and landscaping within parking areas are required to soften the impact of large areas of pavement. Building form and grouping regulations apply that encourage and require creativity in building design and layout and share access to the highway. These regulations are intended to soften visual impact of commercial development on the rural character of the county and reduce potential conflicts with highway traffic.

   C.   Uses: This district is intended to provide for a full range of community scale commercial enterprises, including, but not limited to, retail, office, restaurant, entertainment, and service.

   D.   Infrastructure: Water and sewer service is provided by on site facilities. (Ord. 10-001, 1-12-2010)

This district is for the existing I-80 and I-55 interchanges in unincorporated Grundy County and the unincorporated areas associated with any future new interchange. It is intended to accommodate commercial development that serves the needs of motorists wishing to exit the interstate for vehicle refueling and servicing, food, and short term boarding.

   A.   Character: This district has an auto-urban character, generally characterized by a large amount of parking or vehicle storage. Buildings are the dominant visual element. Landscaping is intended to enhance the appearance of the buildings and to soften the impact of large paved areas, not hide development or try to project a noncommercial character.

   B.   Uses: This district is intended to accommodate highway oriented retail and service uses such as motor fuel stations, truck stops, restaurants, and hotels. Regional uses such as an automobile mall or community college may be allowed if their locations are consistent with county and municipal comprehensive plans.

   C.   Infrastructure: Water and sewer service is provided by on site or shared facilities. (Ord. 10-001, 1-12-2010)

   A.   General: This district accommodates both light and heavy industrial uses in the rural areas that may be unsightly or have higher potential for nuisance to any adjoining residential areas. It is intended to protect land that has access to water or rail transportation that are critical to many of these uses.

   B.   Character: There is no specific character to this district in Grundy County, as many sites in the unincorporated area are expansive. Buildings and structures, exterior storage, and uses that are basically machines (concrete mixing, for example) are often unsightly. In many cases, uses within this district must be buffered from views by existing residential areas outside of the district by extensive landscape buffers. Open spaces are required for on site or shared stormwater detention and treatment areas.

   C.   Uses: This district is intended to provide for light and heavy industrial uses that are unsightly or have nuisance potential. Very large buildings, both in height and area, are also restricted to this district. These uses are generally poor neighbors to residential areas.

   D.   Infrastructure: Water and sewer service is provided on site. (Ord. 10-001, 1-12-2010)