Mclean County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE VII
Supplemental Regulations
§ 350-44 Height regulations.
Chimneys, cooling towers, elevator head houses, fire towers, grain elevators, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, spires, church steeples, and necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, are not subject to the height limitations contained in the district regulations.
§ 350-45 Yard regulations.
A.
Minimum yard requirements. The yard requirements heretofore established in all districts shall be adjusted in the following cases:
(1)
Where the property fronts on a collector or an arterial street, the required front yard shall be modified as follows:
(a)
Arterial street. The front yard setback shall be measured from the center line of the street and shall be equal to the requirement of the particular zoning district plus 50 feet.
(b)
Collector street. The front yard setback shall be measured from the center line of the street and shall be equal to the requirement of the particular zoning district plus 40 feet.
(2)
Where the property fronts on two intersecting streets (a corner lot), such lot shall maintain a front yard setback on both streets, except where no lots within the same block front on one of the two intersecting streets, the side yard requirement along such street shall be 15 feet, subject to the provisions of Subsection A(1).
(3)
Double-frontage lots shall maintain the required front yard setback along both frontages.
B.
Where 50% or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed a front yard greater than required, then:
(1)
Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of adjacent buildings on the two sides; or
(2)
Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.
§ 350-46 Number of principal structures on lot.
In other than the manufacturing zoning districts, no more than one principal structure may be located upon a lot.
§ 350-47 Number of uses on lot.
In other than the commercial and manufacturing zoning districts, no more than one principal use may be located upon a lot.
§ 350-48 Sight triangle.
Nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2 1/2 feet and eight feet above the grades of the outside edge of the street surface of two or more intersecting streets, measured from the point of intersection of the center line of the streets, 90 feet in each direction along the center line of the streets; except that the County Engineer may establish greater sight triangles based upon standards in the policy manual published by the American Association of State Highway and Transportation Officials (AASHTO).
§ 350-49 Access to commercial and industrial districts.
No land which is located in a residential district shall be used for a driveway, walkway or access to any land which is located in any commercial or industrial district.
§ 350-50 Determination of structure setback line.
The structure setback line shall be determined by measuring the horizontal distance between the property line and the vertical plane of the furthest architectural projection of the existing or proposed structure; except that certain architectural projections listed below may extend beyond the structure setback line, subject to the following conditions:
A.
Projections shall be defined as any structural or nonstructural portion or appendage attached to the main structure which, by design, protrudes outward beyond the structure floor, wall, roof or foundation line. Projections include, but are not limited to:
[Amended 2-20-2001]
(1)
Roof eaves and gutters may encroach no more than four feet into a front and rear yard and not more than 24 inches into a side yard. Roof eaves and gutters projecting from a building located in a rear yard may extend no closer than 24 inches to a lot line.
(2)
Cornices and sills of the principal building shall project no more than 18 inches into a front, side and rear yard.
(3)
Air-conditioning equipment may encroach into a side and rear yard, provided such equipment is at least 10 feet from any property line.
(4)
Stairs which are necessary for access to a dwelling or an accessory building may encroach into a front, side and rear yard with up to eight steps.
(5)
Bay windows shall project no more than three feet into a front or rear yard.
(6)
Chimneys that are attached to the principal building shall encroach no more than 24 inches into a front, side or rear yard.
(7)
Combustible or noncombustible ornamentation attached to a principal building shall project no more than 18 inches into a front, side or rear yard.
(8)
Detached garages, detached carports, sheds, storage buildings, private swimming pools and private tennis courts may encroach into a rear yard.
(9)
Balconies, terraces, patios, decks not over two feet in height and outdoor fireplaces may encroach into a rear yard.
B.
Exception for canopies and awnings. A canopy or awning may be permitted to overhang a public way in a C Commercial District, M-1 Restricted Manufacturing District or M-2 General Manufacturing District, provided:
(1)
The canopy or awning construction is covered with a fabric material, such as canvas, or is made of a material which simulates a fabric covering, other than metal or aluminum.
(2)
No portion of the canopy or awning shall be less than eight feet above the level of the sidewalk or other public way.
(3)
The canopy or awning may extend the full width of the building facade to which it is attached, and further, it shall not extend beyond a point two feet inside the pavement line of a public street.
§ 350-51 Fences.
Except for agricultural fences and as otherwise specifically provided in other codes and regulations, the following regulations shall apply to the construction of fences that are greater than four feet in height:
A.
No fence shall be constructed which will constitute a traffic hazard.
B.
No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.
C.
Except as permitted elsewhere in this chapter, no fence, except fences erected upon public or parochial school grounds, in public parks and public playgrounds, or around competitive telecommunications facilities, shall be constructed of a height greater than four feet in the front yard or seven feet elsewhere; provided, however, that the County Board may, as a special use, authorize the construction of a fence higher than seven feet if it is determined by the County Board that the public welfare is served.
[Amended 2-17-2015]
D.
A property owner may install a fence within a dedicated easement at his or her own risk. In no case, however, shall a fence be constructed within a dedicated drainage easement.
§ 350-52 Transition screen specifications.
When a transition screen is required by this chapter, such screen shall conform to the following specifications:
A.
Such transition screen shall be located in a transition belt and shall extend the full length of such transition belt except for any portion of such belt lying within a required front yard or side yard adjoining a street.
B.
Such transition screen shall consist of a planting screen meeting the specifications herein. A landscaped berm or a fence screen meeting the specifications herein may be used in lieu of such planting screen if a variance for such substitution is granted by the Director of Building and Zoning.
(1)
Planting screens. Planting screens shall consist of trees, bushes or shrubs of a variety and so planted and kept as to be achieved within 36 months after occupancy of the premises to be screened.
(a)
Such screen shall have a minimum height of six feet above grade at any particular point along its length.
(b)
Any two-foot square segment of a planting screen shall contain no more than 30% open space affording a direct horizontal view through such screen if such segment is over two feet above grade.
(2)
Landscaped berm. Adequate evidence from a registered engineer shall be furnished demonstrating that the construction of such berm, along with any necessary culverts and ditching, will not create adverse drainage and flooding conditions on adjacent property.
(a)
Such berm shall be at least 30 feet in width at the base and at least four feet in height, as measured perpendicular to grade level at any point along its length. Side slopes shall have a gradient no steeper than 3:1.
(b)
Side slopes of such berm shall be sodded so as to prevent erosion. The top of the berm shall contain a planting screen according to the specifications set forth in Subsection B(1) above, except that the minimum height of such planting screen need not be more than three feet above the top of the berm at any particular point along its length. Construction and material of such berm shall be as approved by the Director of Building and Zoning.
(3)
Fence screen. A fence screen shall not be less than eight feet nor more than 10 feet in height above grade level, at any particular point along its length, and any two-foot square segment of such screen shall contain no more than 30% open space affording a direct horizontal view through such screen. Construction and material of such fence screen shall be as approved by the Director of Building and Zoning.
§ 350-53 Performance standards.
Any use established shall be operated so as to comply with the performance standards governing noise, vibration, smoke and particulate matter, toxic and noxious matter, odorous matter, fire and explosive hazards, and glare and heat set forth hereinafter for the district in which such use shall be located. No existing use shall conflict with, or further conflict with, the applicable performance standards established hereinafter for the district in which such use is located.
A.
Noise. No use or activity shall create any amount of noise that is in violation of the applicable standards and regulations governing noise levels specified by the Illinois Environmental Protection Agency.
B.
Vibration.
(1)
Vibrations within a district shall be controlled so as not to become a nuisance to adjacent uses.
(2)
No industrial operation or activity (except those not under the direct control of the manufacturer) shall cause at any time ground-transmitted vibrations in excess of the limits set forth below. Vibrations shall be measured at any point along a district boundary line with a three-component measuring instrument approved by the Director of Building and Zoning and shall be expressed as displacement in inches.
Frequency (cycles per second) | Maximum Permitted Displacement along R-1 and R-2 District Boundaries (inches) | |
|---|---|---|
0 to 10 | 0.0008 | |
10 to 20 | 0.0005 | |
20 to 30 | 0.0002 | |
30 to 40 | 0.0002 | |
40 and over | 0.0001 |
C.
Smoke and particulate matter. No use or activity shall create any amount of smoke and particulate matter that is in violation of the applicable standards and regulations specified by the Illinois Environmental Protection Agency.
D.
Toxic and noxious matter. No use or activity shall create any amount of toxic and noxious matter that is in violation of the applicable standards and regulations specified by the Illinois Environmental Protection Agency.
E.
Odorous matter. No use or activity shall create any amount of odorous matter that is in violation of the applicable standards and regulations specified by the Illinois Environmental Protection Agency.
F.
Fire and explosive hazards.
(1)
Activities involving the manufacture of materials or products which decompose by detonation are permitted in only the M-2 District.
[Amended 2-17-2015]
(2)
Activities involving the storage and utilization of material or products which decompose by detonation are permitted only in the M-1 and M-2 Districts. Such materials shall include, but shall not be limited to, all primary explosives such as lead azide, lead styphnate, fulminates, and teracene; all higher explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and components thereof such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; polytechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate; blasting explosives such as dynamite and nitroglycerin; unstable organic compounds such as acetylides, tetrozoles, and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than 35%; and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.
[Amended 2-17-2015]
(3)
The manufacture, utilization, or storage of pyrophoric and explosive dusts shall be in accordance with the safety codes of the National Fire Protection Association. Such dusts include, but are not limited to: aluminum, bronze, and magnesium powder, powdered plastics, flour and feed, spices, starches, sugar, cocoa, sulphur, grain (storage), and wood flour.
(4)
In the M-1 District, the following additional regulations shall apply:
(a)
The storage, utilization, or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.
(b)
The storage, utilization, or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted, provided the following condition is met: Said materials shall be stored, utilized, or manufactured within completely enclosed buildings having incombustible exterior walls, or protected throughout by an automatic fire extinguishing system; or said materials may be stored outdoors in conformance with the regulations of McLean County, and such storage shall have 50 feet of clearance from all property lines.
(c)
The storage and utilization of flammable liquids or materials* which produce flammable or explosive vapors or gases shall be permitted in accordance with the following table:
Total Capacity of Flammable Materials Permitted in Gallons | |||
|---|---|---|---|
Industries Engaged in Storage and Distribution | Above Ground | Underground | |
Materials having a closed-cup flashpoint over 187° F. | Prohibited | 100,000 | |
From and including 105° F. to and including 187° F. | Prohibited | 40,000 | |
Materials having a closed-cup flashpoint of less than 105° F. | Prohibited | 20,000 | |
* | When flammable gases are stored and utilized and measured in cubic feet, the quantity in cubic feet (at S.T.P.) permitted shall not exceed 300 times the quantities as listed above. |
Total Capacity of Flammable Materials Permitted in Gallons | |||
|---|---|---|---|
Industries Engaged in Utilization of Flammable Materials | Above Ground | Underground | |
Materials having a closed-cup flashpoint over 187° F. | 50,000 | 100,000 | |
From and including 105° F. to and including 187° F. | 20,000 | 40,000 | |
Materials having a closed-cup flashpoint of less than 105° F. | 5,000 | 10,000 | |
(5)
In the M-2 Districts, the following additional regulations shall apply:
(a)
The storage, utilization, or manufacture of solid materials ranging from incombustible to intense burning are permitted, subject to applicable rules and regulations of McLean County.
(b)
The storage and utilization of flammable liquids or materials* which produce flammable or explosive vapors or gases shall be permitted in accordance with the following table:
Total Capacity of Flammable Materials Permitted in Gallons | |||
|---|---|---|---|
Industries Engaged in Storage and Distribution | Above Ground | Underground | |
Materials having a closed-up flashpoint over 187° F. | 400,000 | Unrestricted | |
From and including 105° F. to and including 187° F. | 200,000 | Unrestricted | |
Materials having a closed-cup flashpoint of less than 105° F. | 100,000 | Unrestricted | |
* | When flammable gases are stored and utilized and measured in cubic feet, the quantity in cubic feet (at S.T.P.) permitted shall not exceed 300 times the quantities as listed above. |
Total Capacity of Flammable Materials Permitted in Gallons | |||
|---|---|---|---|
Industries Engaged in Storage and Distribution | Above Ground | Underground | |
Materials having a closed-cup flashpoint over 187° F. | 200,000 | Unrestricted | |
From and including 105° F. to and including 187° F. | 100,000 | Unrestricted | |
Materials having a closed-cup flashpoint of less than 105° F. | 50,000 | Unrestricted | |
(6)
Special use - M-2 Districts. When allowed as a special use, the total capacity of flammable materials permitted in gallons for industries engaged in storage and distribution or industries engaged in utilization of flammable materials may be unrestricted, provided that in both cases, within 300 feet of a lot line, no more than 50,000 gallons of materials having a closed-cup flashpoint of less than 105° F. are stored or utilized along each 100 feet of the lot line.
G.
Glare and heat. Any operation producing intense glare or heat shall be performed within a completely enclosed building in such a manner as to not create a public nuisance or hazard along lot lines. Exposed sources of light shall be shielded so as to deflect light away from adjoining residentially zoned property or from public streets. Direct or sky-reflected glare, from floodlights, commercial operations or industrial operations, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled. Bare incandescent light bulbs shall not be permitted in view of adjacent property or road rights-of-way. Any light or combination of lights that cast light on a public street shall not exceed one footcandle (meter reading) as measured from the center line of the street. Any light or combination of lights that cast light on adjacent residentially zoned property shall not exceed 0.5 footcandle (meter reading) as measured from said property.