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Macomb City Zoning Code

ARTICLE I

- INTRODUCTION AND POLICIES

Sec. 17-1. - Title.

This chapter shall be known, cited, and referred to as "The Unified Development Ordinance of the City of Macomb" or the "development ordinance." Any reference to this chapter following its effective date shall be construed to mean this entire chapter as it may hereafter be amended.

(Ord. No. 2750, § 2, 11-17-97)

Sec. 17-2. - Authority.

This chapter is adapted by the city pursuant to its authority under the Illinois Municipal Code, Plat Act, and other state and federal statutes as applicable.

(Ord. No. 2750, § 2, 11-17-97)

Sec. 17-3. - Purpose.

The purpose of this chapter is to regulate and control the use and development of land within the jurisdiction of the City of Macomb. It is designed to promote the public health, safety, and general welfare, and more specifically to:

(1)

Support the goals, objectives, and policies of the comprehensive plan and other plans adopted by the City of Macomb;

(2)

Divide the city and the territory within one and one-half miles of its corporate limits into zoning districts and establish, by reference to a map, the boundaries of said districts;

(3)

Prohibit uses, buildings or structures incompatible with the stated purpose of such districts respectively;

(4)

Establish standards to which uses, buildings and structures within each district shall conform, therein restricting and regulating their location, construction, reconstruction, or alteration;

(5)

Regulate the intensity of the use of each lot by requiring open areas around buildings and structures, to provide adequate light and ventilation;

(6)

Prevent the overcrowding of land to ensure safety from fire, panic and other dangers;

(7)

Limit congestion in the public streets by providing for off-street parking, loading and unloading of vehicles and by providing for alternative transportation modes where appropriate;

(8)

Preserve and enhance the taxable value of land, buildings, and structures;

(9)

Support the preservation of features of historic significance;

(10)

Designate and define the powers and duties of the bodies and/or official(s) administering and enforcing this chapter and the procedures by which this chapter is administered; and

(11)

Prescribe penalties for the violation of the chapter.

(Ord. No. 2750, § 2, 11-17-97)

Sec. 17-4. - Effective date.

This chapter was adopted and became effective on January 1, 1998.

(Ord. No. 2750, § 2, 11-17-97)

Sec. 17-5. - Repeal of preexisting code.

Upon this chapter taking effect after publication as required by law, the zoning and subdivision ordinances of the city, which ordinances were enacted August 15, 1966 and July 15, 1957, respectively. and all amendments thereto are repealed; provided that such repeal shall not affect the liability of any person for a violation of such ordinance or amendment thereto or the right of the city to prosecute for such violation.

(Ord. No. 2750, § 2, 11-17-97)

Sec. 17-6. - Extraterritorial application.

(a)

This chapter shall be applicable outside the corporate limits of the city to the fullest extent permitted by law.

(b)

In determining the extraterritorial boundary for purposes of this chapter consideration shall be given to section lines, property boundaries, natural geographic features and other appropriate matters in determining whether an individual parcel should be included or excluded from the boundary at any point in time. In particular, efforts should be made not to divide the property owned by a single person in illogical ways.

(c)

The extraterritorial boundary of the city shall be automatically extended and adjusted annually as part of the changes made to the city's official zoning map.

(Ord. No. 2781, § 1, 2-1-99)

Sec. 17-16. - Components.

The Comprehensive Plan of the City of Macomb, as amended from time to time, establishes the policies for land use which are the underlying policies of this development ordinance. The comprehensive plan is an ordinance of the city, adopted pursuant to state law. It contains officially adopted policy statements as well as maps, including land use policy and thoroughfares. These maps shall be consulted when land use decisions pursuant to this development ordinance are being made. The maps of the comprehensive plan shall be used as criteria in making decisions upon land use requests.

(Ord. No. 2750, § 2, 11-17-97)

Sec. 17-17. - Policies and directives.

If a plan is adopted as recommended by the plan commission, it may be implemented by ordinances:

(1)

Establishing reasonable standards of design for subdivisions and for resubdivisions of improved land and of areas subject to redevelopment in respect to public improvements.

(2)

Establishing reasonable requirements governing the location, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs gutters, sidewalks, streetlights, parks, playgrounds, schoolgrounds, size of lots to be used for residential purposes, stormwater drainage, water supply and distribution, sanitary sewers and sewage collection and treatment.

(3)

Designating land suitable for annexation to the city and the recommended zoning classification for such land upon annexation.

(4)

Establishing the regulations by which building design and use of land within the various zoning categories are controlled and enhanced.

(Ord. No. 2750, § 2, 11-17-97)

Sec. 17-26. - Official zoning map established.

The official zoning map, which shall include the contiguous unincorporated area within one and one-half miles from the corporate city limits of Macomb, shall be amended, adopted by ordinance, and published annually in accordance with the provisions of the Illinois Municipal Code. Said map shall include all amendments, changes or modifications made in the prior calendar year. Said official zoning maps shall be placed on file with the city clerk and shall be available at all times during business hours for public inspection and copies thereof shall be made available to all interested parties upon payment of the sum of $25.00 each, which amount is hereby determined to be adequate to reimburse the general fund of the city for the cost of printing and distributing same.

(Ord. No. 2750, § 2, 11-17-97; Ord. No. 22-09, § 2(Exh. A), 3-21-22)

Sec. 17-27. - Official map procedures.

(a)

Planned public improvements may be indicated on official map. The official map may show indication of sites for planned public facilities. Public facility sites which may be indicated on the official map may include but are not limited to sites for new traffic ways or widening of existing trafficways, school and recreational sites, public building sites, and sites for future storm drainage, electrical or other public service or utility easement.

(b)

Planned public facilities on official map to be required on subdivision plat. Whenever the official map indicates the necessity for providing a site for a planned public facility, the city council may require that the site for the public use be designated on the subdivision plat before granting approval to such plat; and, furthermore, that such site be held for that specific public use for a period of one year from date of final plat approval.

(c)

Responsible agency to purchase public site within one year. Whenever a site for public use shown on the official map has been required to be indicated on a subdivision plat, the responsible agency having jurisdiction of such use shall acquire the land so designated or commence proceedings to acquire such land by condemnation within one year from date of approval of such plat; and, if it does not do so within such period of one year, the land so designated may then be used by the owners in any other manner consistent with this regulation and the appropriate zoning regulation

(d)

Amendments or additions to official map. Amendments to the official map, including the indication of additional public sites to be shown on the map, shall be considered amendments to this regulation. Any agency requesting the establishment on the official map of a future public site or easement which is not included in the comprehensive plan shall indicate to the planning commission the need for the site in the particular location specified. The planning commission, before making a favorable recommendation for the inclusion on the official map of such site by council, shall find that the public site location is consistent with the comprehensive plan of the community and shall so indicate in its minutes.

(Ord. No. 2750, § 2, 11-17-97)