Mclean County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE II
Administration and Enforcement
§ 350-15 Authority.
§ 350-16 Zoning Enforcement Office.
The Director of Building and Zoning shall enforce this chapter and in furtherance of such authority shall:
A.
Administer all procedures concerning permits when such permits are required by this chapter, and in connection therewith shall:
(1)
Review all applications for construction permits required herein; issue such permits for applications conforming with the regulations of this chapter; and make such periodic inspections during construction as may be necessary to ensure compliance with this chapter;
(2)
Upon completion of construction, or upon application for an occupancy permit for a change of use, inspect the premises and issue an occupancy permit if such construction or change of use complies with the regulations of this chapter;
(3)
Review applications for temporary occupancy permits and issue such temporary occupancy permits for applications conforming to the regulations of this chapter;
(4)
Maintain records of all applications and permits;
B.
Make such investigations, decisions, determinations and requirements, and issue such violation notices and compliance orders as are necessary to enforce this chapter, and keep records of such notices and orders;
C.
Decide or make recommendations on all other matters under this chapter upon which the Director of Building and Zoning is required to act;
D.
Receive petitions for variances, amendments, and special use permits that are to be referred to the Zoning Board of Appeals or other appropriate reviewing body;
[Amended 6-18-2002]
E.
Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments, special uses, variances, appeals and applications therefor; revise the Zoning District Map to show all amendments thereto; and maintain for public inspection a record, indexed by section, township and range, of all special uses granted, indicating the nature of the special use and the file number of the hearing on such special use;
F.
Provide and maintain a public information bureau relative to all matters arising out of this chapter; and
G.
Records. The Director of Building and Zoning shall maintain on file the following documents:
(1)
At least three copies of the Flood Insurance Rate Map and Flood Insurance Study;
(2)
At least three copies of the "General Provisions" and "Criteria for Land Management and Use" of the National Flood Insurance Program and related information provided by the Illinois Department of Natural Resources, Division of Water Resources;
(3)
Copies of variance application papers and variances resolutions as they pertain to special flood hazard areas;
(4)
Copies of elevation or floodproofing certificates and such other documents necessary to ensure that a project is constructed in compliance with a variance resolution; and
(5)
Copies of annual reports and other correspondence with the Federal Emergency Management Agency.
§ 350-17 Zoning Board of Appeals.
A.
Creation. The Zoning Board of Appeals of McLean County ("Zoning Board") is hereby created in accordance with Illinois law, including 55 ILCS 5/5-12010.
B.
Membership and term of office.
(1)
Appointment/Confirmation of Zoning Board by County Board. The Chairperson of the County Board shall appoint the members of the Zoning Board, subject to confirmation by majority vote of the members of the County Board.
(2)
(3)
Membership on the Zoning Board. The Zoning Board shall include the following members:
(a)
One member who resides in either the Town of Normal or the City of Bloomington;
(b)
One member who resides in a town, city, or village other than Normal or Bloomington;
(c)
Three members who reside in unincorporated areas of McLean County; and
(d)
Two members who reside in any incorporated city or town or unincorporated area, provided that no two members may reside in the same congressional township.
(4)
Alternate members of the Zoning Board.
[Amended 6-18-2002]
(a)
The Chairperson of the County Board may appoint two persons to the Zoning Board, subject to confirmation by majority vote of the members of the County Board, who shall serve as alternates for the other seven members of the Board. Such alternates shall serve, respectively, for the following initial terms:
(b)
Thereafter, each alternate member of the Zoning Board shall serve a term of five years.
(c)
Alternate members of the Zoning Board may reside in any incorporated city or town or unincorporated area, provided that they do not reside in the same congressional township as any other member.
C.
Jurisdiction and authority. The Zoning Board is hereby vested with the following jurisdiction and authority:
(1)
Appeals of an administrative decision interpreting/enforcing this chapter: to hear and decide, after public hearing, appeals from a decision of the Director of Building and Zoning under this chapter, and in accordance with Illinois law, including 55 ILCS 5/5-12010. The Zoning Board shall interpret this chapter, and particular regulations at issue in such an appeal, in harmony with their general purpose and intent.
(2)
Variances: to hear and decide, after public hearing, variances from strict application of this chapter, in accordance with Illinois law, including 55 ILCS 5/5-12010. On a particular appeal for a variance from strict application of this chapter, the Zoning Board shall determine whether the requested variance would be in harmony with the general purpose and intent of this chapter, and whether there are practical difficulties or particular hardship in the way of carrying out the strict letter of any such regulations relating to the use, construction or alteration of buildings or structures or the use of land.
(3)
Special use permits: to hear applications for special use permits in the manner set forth and under the standard established in Article VIII herein and, after public hearing, report its finding(s) and make its recommendation(s) to the County Board. The County Board may accept or reject, in whole or in part, the finding(s) and/or recommendation(s) of the Zoning Board on such applications for a special use permit(s), and may refer any such application back to the Zoning Board for further hearing(s), finding(s), and/or recommendation(s).
(4)
Amendments: to hear applications for amendment(s) to this chapter, in the manner set forth and under the standards established in § 350-21 herein, and, after the public hearing, report its finding(s) and make its recommendation(s) to the County Board. The County Board may accept or reject, in whole or in part, the finding(s) and/or recommendation(s) of the Zoning Board on such applications for amendment(s), and may refer any such application back to the Zoning Board for further hearing(s), finding(s), and/or recommendation(s).
(5)
Other matters: to hear and decide, or to hear and make recommendations to the County Board on, all matters referred to it or upon which it is required to pass under this chapter, and in accordance with Illinois law, including 55 ILCS 5/5-12010.
D.
Administrative variance as to location or bulk of structures. If an application is made for a variance of 10% or less of the regulating of this chapter governing the location or bulk of structures, such variance may be granted by the Zoning Enforcement Officer without a public hearing, provided that, before such variance is granted, a notice of intent to grant such variance is sent by certified mail to all adjoining landowners, and no adjoining landowner files a written objection with the Zoning Enforcement Officer within 15 days of receipt of such notice of intent.
[Amended 6-17-2008]
(1)
If, within 15 days after receiving such notice of intent, an adjoining landowner files a written objection to such variance with the Director of Building and Zoning, then the requested variance shall be heard and decided, after a public hearing, by the Zoning Board in accordance with this article.
(2)
Time limit. No administrative variance shall be valid for a period longer than one year from the date of approval of such variance unless a permit is obtained for such structure within such period and the erection or alteration of a building, structure or land improvement is started or the use is commenced within such period.
E.
Meetings and rules.
(1)
All meeting of the Zoning Board shall be held at the call of the Chairperson, and at such times and places within the County as the Zoning Board may determine.
(2)
All meetings of the Zoning Board shall be open to the public.
(3)
The Zoning Board shall keep an audio recording of its proceedings, showing the vote of each member upon each and every question.
[Amended 6-17-2008]
(4)
The Zoning Board shall keep records of its examinations and of its official actions.
(5)
Every action, rule, regulation, amendment or repeal thereof, order, requirement, decision or determination, findings or report of the Zoning Board shall be filed in the Department of Building and Zoning on or before the next business day following such action, rule, etc.
(6)
The Zoning Board may, in the performance of its duties, incur such expenditures as shall be authorized by the County Board.
F.
Procedure for variances.
[Amended 2-20-2001; 6-18-2002; 6-17-2008]
(1)
Except as otherwise set forth in this article, all variances shall be made in a specific case only after public hearing, and only by ordinance, resolution, or findings of fact and conclusions of law based upon the standards for variances in this section.
(a)
Applications for variances. An application for a variance shall be filed with the Department of Building and Zoning in such form and accompanied by such information as required by the County Board. Such application shall be forwarded to the Zoning Board of Appeals with a request to hold a public hearing.
(b)
Public hearing. The Zoning Board of Appeals shall hold a public hearing on each application for a variance at such time and place as shall be established by the Zoning Board of Appeals. The hearing shall be conducted and a record of such proceedings shall be preserved in such a manner as the Zoning Board of Appeals shall, by rule, prescribe from time to time in accordance with state statutes.
(c)
Standards for variances. The Zoning Board of Appeals shall approve findings of fact based upon the evidence presented to it with respect to the following standards:
[1]
The physical surroundings, shape, or topographical conditions of the specific property will cause a particular hardship to the owner as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out.
[2]
The conditions upon which a petition for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property within the same zoning classification.
[3]
The purpose of the variance is not based exclusively upon a desire to make more money out of the property.
[4]
The alleged difficulty or hardship is caused by this chapter and has not been created by persons presently having an interest in the property.
[5]
The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
[6]
The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public street, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
[7]
The variance requested is the minimum variance that will make possible the reasonable use of the land or structure.
(2)
There shall be at least 15 days' notice of the date, time, and place of such public hearing published in a newspaper of general circulation in the township or road district in which the subject property is located. If no newspaper is published in such township or road district, such notice shall be published in a newspaper of general circulation in McLean County or having circulation where such property is located. Costs or charges for publication of such notice shall be paid by the petitioner or applicant.
(3)
The notice of public hearing shall contain:
(a)
The particular location of the real estate for which the variance is requested by street address, and if not street address then by locating such real estate with reference to any well-known landmark, highway, road, thoroughfare or intersection;
(b)
Whether or not the petitioner or applicant is acting for himself or in the capacity of agent, alter ego, or representative of a principal, and stating the name and address of the actual and true principal;
(c)
Whether petitioner or applicant is a corporation, and if a corporation, the correct names and addresses of all officers and directors, and of all stockholders or shareholders owning any interest in excess of 20% of all outstanding stock of such corporation;
(d)
Whether the petitioner or applicant, or his principal if other than the applicant, is a business or entity doing business under an assumed name, and if so, the name and residence of all true and actual owners of such business or entity;
(e)
Whether the petitioner for application is a partnership, joint venture, syndicate or an unincorporated voluntary association, and if so, the names and addresses of all partners, joint venturers, syndicate members or members of the unincorporated voluntary association; and
(f)
A brief statement of what the proposed variance consists.
(4)
The Chairperson, or in his absence the acting Chairperson, or the Zoning Board may compel the attendance of witnesses.
(5)
The Chairperson, or in his absence the acting Chairperson, shall administer oaths to witnesses testifying before the Zoning Board.
(6)
Each variance shall be accompanied by findings of fact specifying the reason(s) for granting or denying such variance.
(7)
Time limit. No variance shall be valid for a period longer than one year from the date of approval of such variance unless a permit is obtained for such structure within such period and the erection or alteration of a building, structure or land improvement is started or the use is commenced within such period.
§ 350-18 Appeals.
[Amended 6-18-2002]
An appeal from a final decision of the Zoning Board of Appeals must be filed within 35 days of the date of the decision.
§ 350-19 Construction permits.
[Amended 6-17-2008]
A construction permit shall be required for the improvement of or addition to a building, structure, or land improvement or part thereof; for the relocation of a building, structure or part thereof, and such building shall not be dilapidated; whether relocated on the same lot or onto any lot under the jurisdiction of this chapter; or for any structural alteration which will result in changing the use of all or any part of a building or structure. Exempted from such permit requirements shall be buildings, structures and uses excepted from the regulations of this chapter or by Illinois statutes; driveways serving off-street parking areas of eight spaces or less; open fences not more than four feet in height; sidewalks; and light standards, birdhouses, flagpoles and similar accessory structures, berms and or retaining walls less than 36 inches in height that do not affect the drainage on adjacent properties, the location of which are not restricted by this chapter.
A.
Such construction permits shall be acquired by the owner of the property or by the authorized agent of such owner before physically undertaking, including excavation, such construction, erection, extension, addition, relocation or alteration, or substantial improvement.
B.
Application for such construction permit shall be made to the Department of Building and Zoning, accompanied by plans, specifications and other supplementary information necessary to determine compliance with this chapter, including, when applicable, a certification that performance standards as required by this chapter will be complied with and certification that a road access permit has been granted by the appropriate road authority. When applicable laws or regulations of the State of Illinois or McLean County require sewage disposal facilities to serve the proposed use, the application shall be accompanied by a certification from the McLean County Health Department approving the sewage disposal facilities proposed for such use. The application shall be accompanied by such elevation and other data necessary to determine compliance with any applicable flood hazard regulations of this chapter.[1]
(1)
New public/commercial buildings shall be designed and built in accordance with the requirements of the Americans With Disabilities Act and with the current version of the Illinois Accessibility Code,[2] including the provision of accessible/handicap parking spaces as specified in Article IX, § 350-65G, of this chapter. Plans for such public buildings shall contain the seal of a registered architect or engineer. The architect or engineer shall also certify in writing that the building design is in accordance with the Americans With Disabilities Act and the current version of the Illinois Accessibility Code. Before occupancy permits are issued for public/commercial buildings, the architect/engineer shall certify that the site and building as built meet the requirements of the Americans With Disabilities Act and the Illinois Accessibility Code.
[Amended 6-18-2002]
[2]
Editor's Note: See 71 Ill. Adm. Code Part 400.
(2)
Erosion and sediment control. Erosion is the process whereby soil or earth is moved by rainfall, flowing water, wind or wave action. Erosion and sediment control measures shall be installed at the time of construction and maintained during both the construction season and any construction shutdown periods where more than 5,000 square feet of land are disturbed or by the time of the stake-out inspection when a permit is obtained for a residence, a detached building or a building addition, or within 14 days after final grade is reached or when disturbed areas are left idle for more than 21 days. If installed erosion and sediment control measures prove inadequate as determined by the Director of Building and Zoning, additional erosion control measures shall be installed. Final stabilization with permanent vegetative cover or equivalent permanent stabilization measures shall be in place before erosion and sediment control devices such as silt fences and straw bales may be removed. Standards for control measures for soil erosion shall be at least as protective as the requirements contained in the IEPA's Illinois Urban Manual, 2002, or as amended. Erosion and sediment control measures shall be provided for stockpiles of soil that remain in place for more than three days. All waste generated as a result of site development (including discarded building materials, concrete truck washout, chemicals, litter, sanitary waste or any other waste) shall be properly disposed of and be prevented from being carried off the site by either wind or water. Winter shutdown shall be addressed early in the fall growing season so that slopes and other bare soil areas may be stabilized with temporary and/or permanent vegetative cover for proper erosion and sediment control. Agricultural uses are exempt from this subsection.
[Amended 6-17-2008]
(3)
Stormwater control measures. Stormwater control measures shall be required for permits on lots greater than one acre in area, not to include residences or buildings accessory to residential uses. Evaluation of plans shall be based on stormwater design requirements of retention and detention facilities in Chapter 317, Subdivision of Land, Article VI.
[Amended 6-17-2008]
C.
When a construction permit is required by this chapter, the Director of Building and Zoning, or his/her authorized assistants or deputies, shall examine the application for such permit and, if such application and supporting documents show that the proposed project is in compliance with the regulations of this chapter, shall issue a construction permit. Such permit shall not be issued until the applicable certifications required in this section above are received.
D.
The fee for the above specified construction permit shall be found in the McLean County Fee Ordinance.
[Amended 6-17-2008; 1-20-2015]
§ 350-20 Occupancy permits.
No land shall be occupied or used; no building or structure hereafter erected shall be occupied or used in whole or in part, no building or structure hereafter relocated shall be occupied or used in whole or in part, no addition to a building, structure or land improvement shall be occupied or used in whole or in part, nor shall any building or structure upon which structural alterations have been made be changed in use until an occupancy permit shall have been issued by the Director of Building and Zoning. Such occupancy permit shall certify that the building, structure, land improvement or part thereof complies with all the regulations of this chapter. No change of use shall be made in any land, building, structure or land improvement or part thereof without an occupancy permit having been issued by the Director of Building and Zoning, and no occupancy permit shall be issued to make such change unless such change is in conformity with the provisions of this chapter and amendments thereto. Nothing in this section shall prevent the continuance of the occupancy or use to which any land, building or structure was lawfully devoted on the effective date of this chapter or any amendment thereto.
A.
An occupancy permit shall be applied for coincident with the application for a construction permit as set forth in § 350-19 above, and shall be issued within 14 days after the completion of the project for which construction permit was issued, or within 14 days after application has been made for a change of use where no construction is involved. A record of all occupancy permits shall be kept on file in the office of the Director of Building and Zoning and copies shall be furnished, upon request, to any person having proprietary or tenancy interest in the property affected. No additional fees shall be charged for any occupancy permit unless it is sought for a change in use only, as governed by § 350-19A above. See the McLean County Fee Ordinance.
[Amended 6-17-2008; 1-20-2015]
B.
Issuance of occupancy permit.
(1)
No occupancy permit for a project for which a construction permit is required shall be issued until construction has been completed and the premises inspected and said project is certified by the Director of Building and Zoning to be in conformity with the plans and specifications upon which the construction permit as set forth in § 350-19 above was based. No occupancy permit for a change of use shall be issued until the premises have been inspected and such change in use is certified by the Director of Building and Zoning to be in compliance with applicable regulations of the zoning district in which it is located.
(2)
Pending the issuance of a regular occupancy permit, a temporary occupancy permit may be issued during the completion of any building, structure or land improvement or during the partial occupancy thereof, except a temporary occupancy permit may not be issued for required transition screens other than plantings. Application for a temporary occupancy permit shall include a statement covering the items of work to be completed, denoting the reasons for which the temporary occupancy permit is requested, and certifying that the work can and will be completed within the duration of the temporary occupancy permit. A temporary occupancy permit shall be valid for a period not to exceed eight consecutive months, except when the only work to be completed is the surfacing of parking or loading areas or driveways, such temporary occupancy permit may be valid for a period of one year with the stipulations that such parking or loading area or driveway is maintained in a reasonably dust-free condition during the period of temporary occupancy. The fee for such temporary occupancy permit shall be found in the McLean County Fee Ordinance.
[Amended 6-17-2008; 1-20-2015]
§ 350-21 Amendments.
A.
For the purpose of promoting the public health, safety, comfort, morals, and general welfare, conserving the value of property throughout the County, and lessening or avoiding congestion in the public streets and highways, the County Board may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this chapter, provided that in all amendatory ordinances adopted under the authority of this subsection, due allowance shall be made for existing conditions, the conservation of the property values, the directions of building development to the best advantages of the entire County, and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.
B.
Amendments may be proposed by the County Board, the Land Use and Transportation Committee of the County Board, Regional Planning Commission, Zoning Board of Appeals, any property owner, or a person or organization with a property interest in the subject property.
[Amended 3-26-2020; 3-10-2022]
C.
An application for an amendment shall be filed with the Building and Zoning Department in such form and accompanied by such information as required by the County Board. Such application shall be forwarded to the Zoning Board of Appeals with a request to hold a public hearing and report its findings and recommendations to the County Board. An applicant may first submit an application for an amendment to the Land Use and Transportation Committee for advice or recommendation prior to submitting it to the Department of Building and Zoning.
[Amended 3-10-2022]
D.
The Zoning Board of Appeals shall hold a public hearing on each application for an amendment at such time and place as shall be established by the Zoning Board of Appeals. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the Zoning Board of Appeals shall, by rule, prescribe from time to time in conformance with Illinois statutes.
E.
Notice of time and place of such hearing shall be published in a newspaper of general circulation in McLean County, published weekly or more frequently, not more than 60 days nor less than 15 days before such hearing as prescribed by applicable Illinois statutes. Courtesy notices may be sent to owners, as determined from current real estate tax records, of property located within 250 feet of the perimeter of the property included in the proposed amendment. Supplemental or additional notices may be published or distributed as the Zoning Board of Appeals may, by rule, prescribe from time to time.
[Amended 6-17-2008]
F.
Within 30 days after the close of the hearing on a proposed amendment, the Zoning Board of Appeals shall make a recommendation and submit a written report to the County Board. When the purpose and effect of the proposed amendment is to change the zoning classification of particular property, no amendment shall be recommended by the Zoning Board of Appeals unless such Board shall recommend to the County Board findings that:
(1)
The proposed amendment is compatible with appropriate uses, appropriate zoning classifications and appropriate trends of development in the general area, giving due consideration to dominant uses.
(2)
The proposed zoning classification is appropriate as it relates to the physical characteristics of the subject property, giving due consideration to the uses permitted in both the existing and proposed zoning classifications.
(3)
Adequate and safe accessibility to the subject property from a public road is available or can be reasonably supplied, giving due consideration to uses permitted in the proposed zoning classification.
(4)
Adequate public roads connected to the arterial highway system are available or can be reasonably supplied to serve the uses permitted in the proposed zoning classification.
(5)
The proposed amendment is consistent with the need to minimize flood damage and that the development of the subject property for the uses permitted in the proposed zoning classification will not have a substantial detrimental effect on the drainage patterns in the area.
(6)
Adequate services (including but not limited to fire and police protection, schools, water supply, and sewage disposal facilities) are available or can be reasonably supplied to serve the uses permitted in the proposed zoning classification.
G.
The County Board, upon receiving the written report and recommendation of the Zoning Board of Appeals, may, by majority vote, grant or deny any proposed amendment or may refer it back to the Zoning Board of Appeals for further consideration.
(1)
If application for a proposed amendment is not acted upon finally by the County Board within six months of the date upon which such application is received by the County Board, it shall be deemed to have been denied.
(2)
In case of written protest against any proposed amendment, signed and acknowledged by the owners of at least 20% of the frontage proposed to be altered, by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage immediately adjoining or directly opposite the frontage proposed to be altered, each of said petitioners to give the legal description of the property owned by them, or in cases where the land affected lies within 1 1/2 miles of the limits of a zoned municipality, by the City or Town Council or President and Board of Trustees of the zoned municipality with limits nearest adjacent, filed with the County Clerk, such amendment shall not be passed except by the favorable vote of 3/4 of all members of the County Board.
§ 350-22 Penalties.
[Amended 6-18-2002; 6-17-2008; 2-17-2015]
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, or other regulation under authority conferred hereby, the proper authorities of the County or of the township in which the building, structure or land is located, or any person the value or use of whose property is or may be affected by such violation, in addition to other remedies, may withhold permits on such land and may institute any appropriate action or proceedings in the Circuit Court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business, or use in or about such premises. Except as set forth in § 350-23A or 350-41M below, any person who violates the terms of this chapter shall be guilty of a petty offense punishable by a fine not to exceed $500, with each week the violation remains uncorrected constituting a separate offense.
§ 350-23 Inoperable motor vehicles.
[Added 6-18-2002; amended 6-17-2008]
Parking or storage of inoperable or unlicensed motor vehicles or parts thereof shall not be permitted unless in a lawfully established junkyard or salvage yard.
A.
All inoperable motor vehicles, whether on public or private property, are a nuisance. Any person who fails to obey a notice received from the County which states that such person is to dispose of any inoperable motor vehicles under his or her control shall be fined as set forth in § 350-22.
[Amended 2-17-2015]
B.
Any inoperable motor vehicle or parts thereof will be removed by the County Sheriff after seven days from the issuance of a County notice. However, nothing in this section shall apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over 25 years of age, or to a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles.
C.
As used in this section, "inoperable motor vehicle" means any motor vehicle from which, for a period of at least seven days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. "Inoperable motor vehicle" shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations (55 ILCS 5/5-1092).