Mclean County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE I
General Provisions
§ 350-1 Title.
The regulations of this chapter shall be officially known and cited as the "Zoning Ordinance of McLean County, Illinois," although it may be referred to hereafter as the "zoning ordinance" or "this chapter."
§ 350-2 Authority.
This chapter is enacted pursuant to the powers granted and limitations imposed by the Constitution and laws of the State of Illinois, including the statutory authority granted in Chapter 55 ILCS, as amended.
§ 350-3 Purpose and intent.
This chapter is adopted to promote the public safety, health and general welfare of residents and visitors to McLean County. More specifically, the regulations are intended to:
A.
Preserve and protect property rights throughout the County;
B.
Regulate the location, height and size of all structures, the amount of lot coverage, the size of setback areas and the density of population;
C.
Divide the unincorporated area of the County into zones and districts;
D.
Regulate and restrict the development and use of buildings and land within each zoning district;
E.
Provide for the orderly growth and harmonious development of McLean County consistent with established policies of the County;
F.
Secure proper arrangement of streets for efficient traffic circulation through the coordination of existing and planned streets, comprehensive plan, public facilities, and adjoining developed land;
G.
Secure adequate provisions for water, drainage, and sanitary sewer facilities based upon County, state, and federal requirements;
H.
Provide for agricultural uses in rural areas of the County while providing for more intense land uses near the incorporated places;
I.
Provide for urban uses outside incorporated places in response to market demand, provided development standards do not create a burden for the public;
J.
Secure safety from fire, flooding, panic, and other dangers;
K.
Provide adequate light, air, sanitation, and drainage;
L.
Further the appropriate use of land and conservation of natural resources;
M.
Attain the wise use, conservation, development, and protection of the County's water, soil, wetlands, woodland, and wildlife resources, and attain a balance between land uses and the ability of the natural resource base to support and sustain such uses;
N.
Stabilize and protect wooded, flood-prone, and wetlands areas and encourage the restoration of native prairie in open areas;
[Amended 6-17-2008]
O.
Encourage orderly growth while integrating new urban areas into the fabric of the community, maintaining a high-quality environment, and promoting fiscal responsibility;
P.
Bring about the gradual conformity of uses of land to the comprehensive plan and zoning regulations set forth in this chapter, and minimize the conflicts among uses of land and buildings; and
Q.
Preserve, protect and encourage the development and improvement of agricultural lands for the production of food and other agricultural products.
[Amended 6-17-2008]
§ 350-4 Applicability and jurisdiction.
A.
The provisions of this chapter shall apply to the development of all structures and land within the unincorporated area of McLean County and shall be in conjunction with the provisions of Chapter 317, Subdivision of Land, of the Code of McLean County.
B.
It shall be unlawful to conduct development on any parcel or the construction of any structure on a parcel until:
§ 350-5 Rules of construction.
A.
Meanings and intent. All provisions, terms, phrases and expressions contained in this chapter shall be construed according to the stated purpose and intent of this chapter.
B.
Text. In case of any difference of meaning or implication between the text of this and any heading, drawing, table or figure, the text shall control.
C.
Computation of time. The time within which an act is to be completed shall be computed by including the first day and excluding the last day. In the computation of time for public hearing notice, the day of the advertisement shall be counted and the day of the hearing shall be excluded.
D.
Delegation of authority. Whenever a provision appears requiring the head of a department or another office or employee of the County to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.
E.
Technical and nontechnical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
F.
Public officials and agencies. All public officials, bodies, and agencies to which references are made are those of McLean County, unless otherwise indicated.
§ 350-6 Conflicting provisions.
A.
Conflict with other regulations. When the provisions of this chapter are inconsistent with one another or when the provisions of this chapter conflict with provisions found in other adopted ordinances or regulations, the more restrictive provision shall govern.
B.
Conflict with private agreements. The regulations of this chapter are not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement of legal relationship, provided that when the provisions of this chapter impose a greater restriction than imposed by such private agreement, the provisions of this chapter shall control.
§ 350-7 Interpretation.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for promotion of the public health, safety, morals, need, and welfare.
A.
Where the conditions imposed by any provision of this chapter, upon the use of land or buildings or upon the bulk of buildings, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
B.
No building, structure, or use which was not lawfully existing at the time of the adoption of this chapter shall become or be made lawful solely by reason of the adoption of this chapter; and to the extent that and in any manner that said unlawful building, structure, or use is in conflict with the requirements of this chapter, said building, structure, or use remains unlawful hereunder.
C.
Nothing contained in this chapter shall be deemed to be a consent, license, or permit to use any property or to locate, construct, or maintain any building, structure, or facility or to carry on any trade, industry, occupation, or activity.
D.
The provisions in this chapter are additional limitations upon all other laws and ordinances, heretofore passed or which may be passed hereafter, governing any subject matter in this chapter.
§ 350-8 Severability.
It is hereby declared to be the intention of the County Board of McLean County that the provisions of this chapter are separable, in accordance with the following:
A.
If any court of competent jurisdiction shall adjudge any provision of this chapter or amendments thereto to be invalid, such judgment shall not affect any other provisions of this chapter or amendment thereto, not specifically included in said judgment.
B.
If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter or amendments thereto to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment.
§ 350-9 Scope of regulations; manufactured/mobile homes; land trusts.
A.
All buildings or structures erected hereafter, all uses of land, buildings, or structures established hereafter, all structural alteration, relocation, or substantial improvement of existing buildings, or structures occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such building, structure, use, or land shall be located; except in a Residence District and the Agriculture District, a single-family detached dwelling may be erected on a lot of record existing on or before February 11, 1974, even though such lot does not conform with width and area requirements for the district in which it is located, and provided that there is compliance with all other regulations contained in this chapter and other applicable McLean County ordinances, regulations and codes.
B.
Where a construction permit for a building or structure has been issued in accordance with this chapter, construction shall be diligently pursued to completion. In this case, "diligently pursued" shall mean that construction shall not cease for a period longer than eight months.
[Amended 6-17-2008; 2-17-2015]
C.
Where the Director of Building and Zoning of McLean County has issued a construction or use permit for a permitted use or special use, such permit shall become null and void unless work thereon is substantially underway within 180 days of the date of the issuance of such permit, or within the period of time beyond 180 days granted by the County Board. In this case, "substantially underway" shall mean the foundation/base/poles are installed.
[Amended 6-17-2008; 2-17-2015]
D.
Manufactured homes/mobile homes or other trailers, and/or portable buildings and structures shall not be permitted in any district as a principal or accessory building or structure except as follows:
[Added 2-20-2001]
(1)
Trailers or portable buildings and structures when used by a contractor for an office or for the storage of materials and/or equipment in the ordinary course of construction activities; provided that such trailer or portable building or structure contains no cooking or sleeping facilities and is removed from the premises at the end of the construction contract.
(2)
Recreational vehicles licensed for travel on the highway when lawfully located in a recreational vehicle park, institutional camp or recreational camp as provided in this chapter; or when unoccupied and unused, and lawfully stored or parked as otherwise provided in this chapter.
(3)
Manufactured homes/mobile homes when located in an approved manufactured home park as provided in this chapter.
(4)
Manufactured homes/mobile homes when used as a provisional accessory residential use as permitted in the following section.
E.
One manufactured home/mobile home shall be permitted as a provisional accessory residential use on a lot where a single-family dwelling lawfully located thereon has been either destroyed or so damaged by fire, explosion or natural disaster as to be uninhabitable , subject to the following conditions and stipulations:
[Added 2-20-2001]
(1)
Such manufactured home/mobile home shall not be placed on the lot nor shall it be occupied until the Director of Building and Zoning has issued a provisional occupancy permit for such use. Application for such permit shall be made by the owner of the lot and shall be accompanied by a sworn affidavit certifying intent to rebuild the destroyed or damaged dwelling and agreeing to the conditions and stipulations of this section, certification of approval of the required sewage disposal system and potable water supply by the McLean County Health Department, evidence that posting of the surety required herein has been accomplished, as listed in the McLean County Fee Ordinance, and such other information as the Director of Building and Zoning may require to determine compliance with this chapter.
[Amended 6-17-2008; 1-20-2015]
(2)
Such manufactured home/mobile home shall be occupied only by the person(s) who was residing in the destroyed or damaged dwelling when the destruction or damage occurred.
(3)
Such manufactured home/mobile home shall have a floor area of at least 400 square feet, shall contain a built-in toilet and bathing facilities, shall be connected to a potable water supply and a sewage disposal system, both approved by the McLean County Health Department, and shall be located on the lot in compliance with requirements of this chapter for the location of an accessory building.
(4)
Such manufactured home/mobile home may be placed on the lot only if it is so placed and residential occupancy begun within the first 30 days immediately following the occurrence of the destruction or damage.
(5)
Time on lot.
(a)
Such manufactured home/mobile home shall not remain on the lot:
[1]
More than 30 days following its placement thereon unless a valid construction permit as required by this chapter has been acquired for the repair or replacement of the damaged or destroyed dwelling on the same lot;
[2]
More than 120 days after the issuance of such construction permit unless the repair or construction authorized by such permit is substantially underway; and
[3]
More than one year after the occurrence of the destruction or damage, or beyond the time the repair or reconstruction of the dwelling is at a stage where the dwelling can reasonably be occupied, whichever comes first.
(b)
If such manufactured home/mobile home remains on the lot beyond any of the times specified in Subsection E(5)(a)[1], [2] or [3] above, the surety shall be forfeited, in addition to other remedies provided by law.
(6)
A surety deposit in the amount of $1,500 in cash money or certified check shall be deposited with the Treasurer of McLean County by the owner of the lot where such manufactured home/mobile home is proposed to be located. The Treasurer shall place such deposit in the Zoning Surety Deposit Fund. The surety deposit shall be forfeited and placed in the McLean County General Corporate Fund upon certification by the Director of Building and Zoning that such manufactured home/mobile home has remained on the lot beyond any of the times specified in Subsection E(5)(a) above. In the event that removal of the manufactured home/mobile home from the lot in compliance with Subsection E(5)(a) is accomplished, the surety deposit shall be returned to the lot owner no sooner than 10 days and no longer than 30 days after such removal has been certified by the Director of Building and Zoning.
F.
Whenever any trustee of a land trust makes application to the County of McLean under the regulations of the McLean County Zoning Ordinance relating to the land which is the subject of such trust, such application shall identify each beneficiary of such land trust by name and address and define his or her interest therein. All such applications shall be verified by the applicant in his capacity as a trustee, or by the beneficiary as a beneficial owner of interest in such land trust. If a body politic or other corporate entity files such application, a duly authorized officer of such body politic or other corporate entity for whom such application is made shall verify it.
[Added 6-18-2002]
§ 350-10 Application of regulations.
No building shall hereafter be erected unless it is on at least one lot, as herein defined, except in industrial districts where a lot may contain more than one principal building.
§ 350-11 Other nuisance conditions.
Any condition conducive to the breeding of rodents or insects or any other dangerous, noxious, injurious or objectionable condition, substance or element which would create any hazard to public health, peace or comfort, or hinder the appropriate use of land, shall be prohibited.
§ 350-12 Sewage treatment and water supply system. [1]
Both sewerage and water systems shall be required to serve single-family detached dwellings hereafter established on lots, parcels, or tracts having less than 22,500 square feet in area. Such lots shall be served by public or community sewer and water systems.
A.
Greater lot areas may be required in specific instances in order to conform with the required standards for installation of individual sewage treatment and water systems as set forth in Illinois statutes and other applicable McLean County ordinances or codes.
B.
A single-family dwelling may be hereafter established in a Residence or Agriculture District on a parcel or tract of land or a lot in a subdivision which in each case was of record on February 11, 1974, even though such parcel, tract or lot does not have the lot area as required in Article V, provided such parcel, tract or lot has sufficient area to conform with the required standards for installation of individual sewage treatment and water systems as set forth in Illinois statutes and other applicable McLean County ordinance or codes.
C.
Parcels, tracts or lots where other than single-family dwellings are to be established shall be of sufficient area to provide adequate areas on the lot and adjacent lots that are not covered by buildings, structures or pavements, for the installation thereon of individual sewage treatment and water systems in accordance with standards for such installations as set forth in Illinois statutes and other applicable McLean County ordinances or codes.
§ 350-13 Exemptions.
The following structures and uses shall be exempt from the provisions of these regulations:
A.
Poles, towers (except for telecommunications towers), wires, cables, conduits, vaults, laterals, pipes, mains, valves, or other similar equipment for the distribution to consumers or to or by wholesalers of telephone or other communications, electricity, gas, or water, or the collection of sewage or surface water;
[Amended 6-18-2002]
B.
Underground storage of natural gas by a public utility as defined in the applicable statutes of the State of Illinois;
D.
Railroad tracks, signals, signs, bridges, and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities and equipment;
E.
Agricultural uses as defined by these regulations or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings or structures for such agricultural uses;
[Amended 2-20-2001]
(1)
Setback lines for buildings and structures for agricultural purposes which are exempted from other regulations of this chapter shall be as follows:
(a)
Land adjoining a township road: 60 feet from the center line of such road if the road right-of-way is 60 feet or less in width, or 30 feet from the adjacent right-of-way line if the road right-of-way exceeds 60 feet in width.
(b)
Land adjoining a collector street as designated in the Comprehensive Plan, a County, state or federal highway: 70 feet from the center line of such highway if the highway right-of-way is 80 feet or less in width, or 30 feet from the adjacent right-of-way line if the highway right-of-way exceeds 80 feet in width.
(c)
In addition, on the inside corner at an intersection of two roads or highways, or a deflection resulting in an interior angle of 120° or less in a single road or highway, there shall be a setback extending between two points on the center line of such roads or highways, such points being 200 feet from the intersection of the two center lines.
(2)
In the event that any structure or land ceases to be used only for agriculture, then such structure or land shall be subject to this chapter.
G.
Retaining walls; and
[Amended 6-17-2008]
H.
The temporary use of land for the installation, maintenance and operation of facilities used by contractors in the ordinary course of construction activities, except that such facilities shall be required to be located not less than 300 feet from any building used for residential purposes, and except that the period of such temporary use shall not exceed the duration of the construction contract. Types of facilities used by contractors in the ordinary course of construction activities shall include but not be limited to a contractor's office or equipment sheds. All such facilities used by contractors in the ordinary course of construction activities shall be located on the same lot where such construction is occurring or on a contiguous lot.
§ 350-14 Setback lines along streets and thoroughfares.
[Added 2-20-2001]
Setback lines shall be maintained on all lots abutting a street. Such setback lines on lots abutting streets shall be set back the distance required for a front yard or side yard abutting a street in the districts where such lots are located, except on one side of a street within the length of a block or a distance of not more than 1,800 feet within the block, whichever is less, where there are existing buildings, structures or uses occupying more than 30% of such street frontage, the setback lines for new buildings, structures, or uses may be set back a distance equivalent to not less than the average setback of such existing buildings, structures, or uses, but not less than 27 feet or they need not be more than 50 feet.