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Normal City Zoning Code

DIVISION 15.4

GENERAL PROVISIONS

15.4-1 INTERPRETATION

  1. In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements deemed necessary for the promotion of the public health, safety, and general welfare.
  2. This Code is not intended to abrogate any easement, covenant, or other private agreement; provided that where the requirements of this Code are more restrictive than such easements, covenants, or private agreements, the requirement of the Code shall govern.
  3. To the extent that a building, structure or use not lawfully existing at the time of the adoption of this Code is in conflict with the requirements of the Code, said building, structure, or use shall remain unlawful hereunder.
  4. Where the conditions imposed by any provision of this Code are either more or less restrictive than conditions imposed by any other provisions of the Municipal Code or any other law, ordinance, resolution, rule or regulation applicable to property or to the use of property within the Town of Normal, the regulation which is more restrictive or which imposes the higher standard or requirement shall govern.
HISTORY
Amended by Ord. 5994 on 10/21/2024

15.4-2 APPLICATION OF CODE

The regulations and requirements for the districts established by this Code are to apply uniformly to each class or kind of use, structure, or land. Whenever, in the course of applying and enforcing this Code, it is necessary or desirable to make any administrative decisions, then, unless other standards are provided in this Code, the decision is to be made so that the result will be neither contrary to the spirit, intent, and purpose of this Code nor injurious to the surrounding neighborhood.

  1. No person shall hereafter use or occupy a building, structure, or land or establish a use or construct, erect, place, structurally alter, or maintain any building, structure, or part thereof within the Town of Normal unless such use, building, structure, or land is in conformity with all the regulations herein specified for the district in which it is located.
  2. It shall be the duty, obligation, and responsibility of the owner of property within the Town of Normal to permit and maintain its use and occupancy only in strict accordance with the requirements of this Code.
HISTORY
Amended by Ord. 5994 on 10/21/2024

15.4-3 GENERAL PROVISIONS

  1. Building Under Construction. Where a building permit has been lawfully issued prior to the effective date of this Code, and provided that construction is begun within 120 days of the effective date of this Code and is diligently pursued, said building may be completed in accordance with approved plans and may be occupied by the use originally intended. Such buildings and uses shall be subject to the provisions of this Code pertaining to non-conforming buildings and uses if the building or use is non-conforming.
  2. Uses and Structures. The following uses are permitted in all districts: light poles, traffic regulatory signs, directional signs, street name signs, utility poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, railroad rights-of-way containing railroad tracks, public rights-of-way, and temporary buildings at construction sites, gas regulator stations with or without a structure to enclose equipment, sewage lift stations, and water wells and pumping stations, when located underground. Any lighting must comply with division 15.14. If a structure is used to enclose a gas regulator station, the site will be landscaped in a manner that screens the structure from public rights-of-way and residential zoning. Telecommunication antennas and telecommunication antenna facilities are not authorized unless placed on public rights-of-way pursuant to an agreement with the Town of Normal. (Amended 6/16/97 by Ord. No. 4456)(Amended 6/21/2010 by Ord. No. 5343)
  3. Height Regulations. The following uses and structures are exempted from the height regulations in this Code: spires or other architectural features on a building primarily used for religious purposes, stand-alone unoccupied religious structures, belfries, cupolas, water tanks, flag poles, public monuments, farm buildings, ventilators, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Heights for signs shall be regulated by division 15.13 of this Code. (Amended 6/16/97 by Ord. No. 4456)
HISTORY
Amended by Ord. 5994 on 10/21/2024

15.4-4 ACCESSORY BUILDINGS AND USES

On a lot devoted to a permitted principal use, customary accessory uses and structures are authorized as provided specifically, or by necessary implication, in this or any Code, ordinance, rule or regulation applicable to the Town of Normal. The following requirements are applicable to all accessory structures and uses, in addition to the requirements for accessory off-street parking facilities. (Amended 11/20/95 by Ord. No. 4356)

  1. Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of a principal use, except as permitted hereafter.
  2. Any accessory building or structure hereafter constructed, erected, placed, structurally altered or enlarged, except as otherwise permitted in this Code, shall be subject to the following bulk requirements:
    1. No accessory building or structure shall be permitted within the required front or side yards of a lot, as set forth in each district.
    2. No accessory building or structure shall be permitted nearer than 5 feet to a building nor shall it be located nearer than 5 feet from a side or rear lot line. No principal or accessory structure shall be located or placed on an easement. (Amended 11/20/95 by Ord. No. 4356)
    3. In a residential district, no detached garage shall exceed 1 story or 18 feet in height to the top of the roof structure (whichever is less) and no other type of accessory building or structure in a residential district shall exceed 1 story or 12 feet in height to the top of the roof structure (whichever is less). Accessory buildings or structures in all other districts may be constructed to equal the maximum permitted height in that district. The foregoing height limits shall not apply to telecommunication antennas and telecommunication antenna facilities authorized pursuant to division 15.15 of this Code. (Amended 6/16/97 by Ord. No. 4456)
    4. In the R-1 and R-2 zoning districts no detached garage or detached carport shall occupy more than 25% of the required rear yard, provided that in no instance shall the garage or carport exceed 720 square feet in size. No other accessory building or structure in a residential district shall exceed 300 square feet in size, and in no instance shall there be more than 2 accessory structures, including garage or carport, in the R-1 and R-2 zoning districts. (Amended 11/20/95 by Ord. No. 4356)
    5. No mobile home or other portable structure or building shall be used as an accessory building or structure except when used incidentally to and temporarily for construction operations of a principal use; said buildings shall be removed prior to the occupancy of the principal use. (Amended 11/20/95 by Ord. No. 4356)
    6. Temporary Construction Management and Sales Office. In the R-1A, R-1B, R-2, R-3A, and R-3B zoning classification, a dwelling unit may be used as a temporary construction management and sales office as an accessory use to the subdivision or planned development in which it is located for a period not to exceed 2 years. Use of a dwelling unit as a temporary office on construction sites will be permitted provided no sleeping or food facilities are established and/or used therein and provided said dwelling is so located as not to be in violation of any of the other Codes and Ordinances of the Town.
    7. See also permitted obstructions in sec. 15.4-5.
  3. Home Occupations as an Accessory Use. A home occupation or profession shall be permitted as an accessory use in any dwelling unit, where:
    1. Such home occupation shall be conducted entirely within a dwelling unit.
    2. No special outside entrance shall be provided or used in connection with the home occupation;
    3. There is used no sign, other than a nameplate not more than 1 square foot in area, no other display and no activity that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than residential purposes;
    4. There are no commodities sold or services rendered that require receipt and delivery of merchandise, goods or equipment by other than ordinary residential delivery services;
    5. There is no person other than members of the family residing in the dwelling unit employed or otherwise engaged in such home occupations; and
    6. There are no accessory buildings used in whole or in part.
    A professional person may use his dwelling for consultation or performance of religious rites, but not for the general practice of the profession.
  4. Garage, Estate, or Yard Sale. Garage, estate, or yard sales may be held in residential zoning provided no more than 3 such sales are held per year at any one residence, and such sales last a total of no more than 12 days per year. (Amended 11/20/95 by Ord. No. 4356)
HISTORY
Amended by Ord. 5994 on 10/21/2024
Amended by Ord. 6027 on 6/16/2025

15.4-5 LOTS AND YARDS

  1. General Lot and Yard Requirements. The following lot and yard regulations shall apply to all lots or tracts of land on which the structure is located.
    1. The minimum yard space required for one structure or use shall not be considered as the yard of any other, including an adjoining structure or use.
    2. Required yards shall be located on the same lot as the principal building or use.
    3. No lot shall be divided, hereafter, into two or more lots and no part of a lot shall be sold unless resultant lots conform to all yard requirements in the district where the lots are located.
    4. In the following situations, there shall be maintained in all residential zoning districts, except the R-3B High Density Multiple-Family Residence District, a front yard of the average setback (as hereinafter defined) or the setback required in the district, whichever is greater.
      1. Where the lot to be developed is a lot of record in a subdivision, which subdivision plat was filed for record prior to January 1, 1975; or
      2. Where the lot to be developed is a lot of record in a subdivision, which subdivision plat is a re-subdivision, consisting of 3 lots or less of a prior subdivision, which prior subdivision plat was filed for record prior to January 1, 1975.
      Average setback is the total lineal distance of front yard setbacks established by buildings existing on lots having a frontage of 50% or more of the total frontage on one side of that portion of a street lying between any of the following intersecting ways or lines: streets, railroad tracts, drainage ways or zoning district boundary lines, divided by the number of developed lots on the same side of that portion of a street, lying between said intersecting ways or lines. Structures built in violation of the average setback provision as it existed prior to amendment on November 18, 1985, shall be deemed lawful in respect to the average setback requirement.
    5. On corner lots in all districts, except the B-2, General Business District, nothing shall be erected, placed, planted, or allowed to grow in the visibility triangle as defined by the Illinois Department of Transportation. (Amended 11/20/95 by Ord. No. 4356)(Amended 1/20/04 by Ord. No. 4926)
  2. Transitional Yard Requirements.
    1. Front Yards. When the required front yard of a lot zoned S-2, C-1, C-2, C-3, B-1, M-1, or M-2 is contiguous to or across the street or alley from property zoned R-1A, R-1B, R-2, or R-3A or such a lot or a lot zoned R-3A is contiguous to or across a street or alley from property zoned R-1A, R-1B, or R-2, the following transitional yards shall be provided:
      1. The owner or developer of such S-2, C-1, C-2, C-3, B-1, M-1 or M-2 zoned property shall provide along the entire width of such property a front yard at a minimum equal to the required front yard for the adjoining R-1A, R-1B, R-2, or R-3A zoned property.
      2. The owner or developer of property zoned R-3A or R-3B shall provide along the entire width of such property a front yard at a minimum equal to the required front yard in the adjoining R-1A, R-1B or R-2 zoning district.
      3. Transitional front yard requirements do not apply when the street is equal to or wider than three lanes or 65 feet of right-of-way.
    2. Side and Rear Yards. When any portion of any lot zoned S-2, C-1, C-2, C-3, B-1, M-1, or M-2 is contiguous to or across a street or alley from a lot zoned R-1B, R-2, or R-3A, or when any lot zoned for R-3A or R-3B is contiguous to or across a street or alley from property zoned R-1A, R-1B, or R-2 the following transitional yard requirements shall apply:
      1. If the contiguity is along a side yard, the owner or developer shall provide 10 feet in addition to the side yard otherwise required for the applicable zoning district.
      2. If the contiguity is along the rear line, the owner or developer shall provide 15 feet of additional rear yard beyond what is otherwise required in the applicable zoning district.
      3. Transitional side and rear yard requirements do not apply when the street is equal to or wider than 3 lanes or 65 feet of right-of-way.
    3. Building Height Restrictions. Where any lot zoned S-2, C-2, C-3, B-1, M-1 or M-2 is contiguous to or across a street or alley from any lot zoned R-1B, R-2, or R-3A, or when any lot zoned R-3 is contiguous to a lot zoned R-1 or R-2, the height of buildings on said lots shall not exceed the height permitted on such adjoining residentially zoned lots.
      1. See sec. 15.7-4 for height restrictions specific to properties within the Parking Impact Zone.
      2. Transitional height restrictions do not apply when the street is equal to or wider than 3 lanes or 65 feet of right-of-way.
  3. Permitted Obstructions in Yards. No obstructions shall be allowed in any yard required by this Code, with the exception of those listed in Table 15.4-5(C) below. The table includes the locations in which the obstructions are permitted. Permitted obstructions are not considered to be accessory structures. In all cases, permitted obstructions are specified subject to the requirements to maintain visibility at intersections contained in sec. 15.4-5(A) of this Code. Special provisions pertaining to permitted obstructions follow.
    1. General. Unless otherwise stated, permitted obstructions may be no closer than 5 feet from any property line.
    2. Architectural Features. Architectural features include bay windows, chimneys, eaves, gutters, sills, and cantilevered projections from a building. These features must leave at least a 2-foot minimum setback from lot lines.
    3. Awnings, Canopies, and Port Cocheres. These may project no more than 25% into the required yard.
    4. Balconies and Terraces, both unroofed. These may project no more than 10 feet into the front, corner side, or rear yard.
    5. Decks and Porches, Covered or Uncovered. May extend no more than 25% into the required setback.
    6. Fences
      1. Location.
        1. Can be on property line except when adjacent to a sidewalk, in which case must be at least 12 inches off.
        2. May not create a visibility conflict at driveways or intersections, as described in sec. 15.4-5(A).
      2. Height. See Table 15.4-5(C) below.
        1. Properties in R-1, R-2 or R-3 may have a maximum 6-foot fence in the corner side yard unless adjacent to the front yard of another property zoned R, in which case the portion of the fence adjacent to the front yard may be no taller than 4 feet.
        2. Properties in B-1, S-2, C-1, C-2, C-3, or M-1 directly adjacent to an R district are restricted to fences 6 feet in height with a further restriction if the direct adjacency is to an R front yard, in which case the height is limited to 4 feet.
        3. Properties utilized for gas well heads, electric power stations or substations, telephone switching stations, and other similar utility uses may have fences in all yards up to 8 feet in height. Such fences must be black vinyl coated chain link or other decorative fencing material.
    7. Pumps: Fuel, Air, Water. Must be screened in the same manner as parking as set forth in division 15.14.
    8. Table 15.4-5(C): Permitted Obstructions in Yards
      See also sec. 15.4-4 and sec. 15.4-5 for additional provisions for each of the listed items below.

      Key: F - Front Yard; C - Corner Yard; S - Side Yard; R - Rear Yard; A - All Yards

      Accessory Uses A R-1R-2R-3S-2C-1C-2C-3B-1B-2M-1M-2Additional Special Provisions
      Accessibility RampAAA
      A
      A
      A
      A
      A
      A
      A
      A
      A
      -
      Agricultural uses other than buildings or structuresA------------
      Antennas, TelecommunicationS, RS, R
      S, R
      S, R
      S, R
      S, R
      S, R
      S, R
      S, R
      S, R
      S, R
      S, R
      15.15
      Arbors & TrellisAAAAAAAAAAAA-
      Architectural Features (no closer than 2 feet from property line)AAAAAAAAAAAA-
      Athletic CourtsRRRRRRRRRRRR-
      Automated Teller Machine----AAAAAAAA15.14
      Awnings, Canopies and Port Cocheres (up to 25% into required setback)AAAAAAAAAAAA-
      Balcony or Terrace, UnroofedF, C, RF, C, R
      F, C, R
      F, C, R
      F, C, R
      F, C, R
      F, C, R
      F, C, R
      F, C, R
      ----
      Canopy, Automobile Service Station or Drive-Through
      -----AAAA-AA15.14
      Carports or Detached GaragesRRRRRRRRRRRR-
      Compost PileRRRRRRRRRRRR-
      Decks or Porches, Covered or UncoveredAAAAAAAAAAAA15.4-5(C)(5)
      EV Charging Station/UnitRRRRAAAAAAAA-
      Fences; 4'AAAAAAAAAAAA-
      Fences; 6'S, RS, R, CS, R, CS, R, CS, R, CS, R, CS, R, CS, R, CS, R, C-S, R, CS, R, C-15.4-5(C)
      Fences, 8'S, R---S, RS, RS, RS, RS, R-AA15.4-5(C)
      Flag PolesAAAAAAAAAAAA-
      Garden, RainAAAAAAAAAAAA-
      Gazebo, Pergola, HoophouseRRRRRRRRRRRR-
      LandscapingAAAAAAAAAAAA-
      Lights, Yard (residential)AAAAAAAAAAAA15.3-2
      15.14
      Mechanical EquipmentS, RS, R
      S, R
      S, R
      S, R
      S, R
      S, R
      S, R
      S, R
      S, R
      S, R
      S, R
      15.14
      Off-Street Parking-S, R
      S, R
      AAAAAARAA

      15.7-2
      15.14-7
      15.17

      Pumps; Fuel, Air, Water--------A-AA15.14
      Rain BarrelS, RS, RS, RS, R---------
      Refuse & Recycling StorageS, R
      S, R
      S, R
      S, R
      S, R
      S, R
      S, R
      S, R
      S, R
      S, R
      S, R
      S, R
      -
      Sheds, Storage BuildingsRRRRRRRRRRRR-
      Signs, Freestanding or MonumentAAAAAAAAAAAA15.13
      Solar Energy Installations, Ground-MountedARRRAAAAA-AA15.15.1
      15.16
      Steps or Stairs to Second Floor or Higher, UncoveredARRS, RS, RS, RS, RS, RS, RRS, RS, R-
      Swimming Pools, Hot Tub (Residential)RRRRR-------15.16
      Wind Energy Installations----A (small & large)A (small)-A (small)A (small)-A (small)A (small & large)15.15.2
  4. Outdoor Lighting. All outdoor lights shall comply with division 15.14. Lighting shall not cause any direct or reflected glare beyond the lot. Light fixtures shall be recessed or shaded to prevent glare beyond the lot. All fixtures shall be shielded and directed away from any residentially zoned lots or public right-of-way, so as to prevent glare beyond the lot. (Amended 1/19/99 by Ord. No. 4576)(Amended 1/20/04 by Ord. No. 4926)
  5. Refuse and/or Recycling Storage Areas. For all uses for which a dumpster is required, refuse and/or recycling storage areas (dumpsters) shall be screened with an opaque fence or masonry enclosure on all sides except that area which must remain unobstructed in order to allow garbage pick-up. Fences may not be chain link. (Amended 11/20/95 by Ord. No. 4356)
HISTORY
Amended by Ord. 5994 on 10/21/2024
Amended by Ord. 6027 on 6/16/2025

15.4-6 NON-CONFORMITIES

If within the districts established by this Code or amendments that may later be adopted, there exist lots, structures, uses of land or structures, and characteristics of use which were lawful before this Code was passed or amended but which would be prohibited, regulated, or restricted, it is the intent of this Code to permit these non-conformities to continue until they are removed but not to encourage their survival under the terms of this Code. It is further the intent of this Code that non-conformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except as provided in sec. 15.4-6(F). (Amended 4/15/91)

Non-conforming uses are declared by this Code to be incompatible with permitted uses in the districts involved. A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of structure and land in combination shall not be extended or enlarged after passage of this Code by attachment on a building or by the addition of other uses of a nature which would be prohibited generally in the district involved, except as provided in sec. 15.4-6(F). (Amended 4/15/91)

  1. Non-conforming Lots of Record. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on a lot of record which becomes non-conforming as to lot area or lot width or both by the adoption or subsequent amendment of this Code or in any other residential district a building and customary accessory buildings may be erected on a lot of record which becomes non-conforming as to lot width by the adoption of subsequent amendment of this Code, provided that the building, housing, mechanical, electrical, plumbing and other construction standards and requirements can be met and provided further that if such non-conforming lot of record is at the time of adoption of this code or hereafter vacant and is contiguous with one or more other vacant conforming or non-conforming lots of record which are in common ownership or unified control, then such contiguous lots of record or at least such portion thereof as is necessary to meet or exceed the minimum lot area and width requirements of the district in which they are located shall be used and developed only as a single lot. Any person who conveys property or terminates the unified control of such contiguous lots of record so as to frustrate the purpose of the foregoing proviso shall be deemed to have violated the provisions of this ordinance.
  2. Non-conforming Uses of Land. Where at the time of passage of this Code or subsequent more restrictive amendment thereto, a lawful use of land exists which would not be permitted by the regulations imposed, the use may be continued so long as it remains otherwise lawful, provided:
    1. No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Code.
    2. No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Code.
    3. If any such non-conforming use of land ceases for any reason for a period of more than 30 consecutive days, any subsequent use of such land shall conform to the regulations specified by this Code for the district in which such land is located.
    4. No additional structure not conforming to the requirements of this Code shall be erected in connection with such non-conforming use of land.
  3. Non-conforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of this Code that could not be built under the terms of this Code by reasons of restrictions on the area, lot coverage, height, yards, its location on the lot or other zoning requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
    1. No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.
    2. Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than 50% of its fair cash market value prior to the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Code.
    3. Should such non-conforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
  4. Non-conforming Uses of Structures. If a lawful use involving individual structures with a fair cash market value cost of $1,000 or more, or of structure and land in combination, exists at the effective date of adoption of amendment of this Code that would not be allowed in the district under the terms of this Code, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions:
    1. No existing structure devoted to a use not permitted by this Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
    2. Any non-conforming use may be extended throughout any parts of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of this Code, but no such use shall be extended to occupy any land outside such building.
    3. When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 6 consecutive months or for 18 months during any 3 year period (except when government action impedes access to the premises) the structure, or structure and premise in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
    4. Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50% percent of the fair cash market value at the time of destruction.
  5. Non-conforming Off-Street Parking and Loading Areas. In any residential zoning district, all off-street parking areas of 3 or fewer spaces and private drives or access ways from the public right-of-way to or through these parking areas, shall be required to fully comply with the design, construction, and maintenance standards provided in sec. 15.7-2 of this Code, but only in the event a building permit is required for alteration of an existing garage or construction of a new garage accessory to the residential use. Also, gravel driveways cannot be expanded. This subsection is subject to the common drive exception in sec. 15.7-2(G)(2)(b)(3) of this Code. (Added 9/19/88)
  6. Repairs and Maintenance. On any non-conforming structure or portion of a structure containing a non-conforming use, ordinary repairs, or repair or replacement of non-bearing walls, fixtures, wiring or plumbing may be made to an extent not exceeding 50% of the fair cash market value of the non-conforming structure provided that the cubic content existing when it became non-conforming shall not be expanded.
HISTORY
Amended by Ord. 5994 on 10/21/2024

15.4-7 MISCELLANEOUS

  1. Principal Building on a Lot. Except in the case of planned unit developments, special uses and developments that require site plan review, not more than one principal building shall be located on a lot of record or other lot in a zoning district except in the B-1, S-2, M-1, and M-2 districts. In these districts, more than one principal building is permitted, provided that yards as measured from the closest building, bulk and other requirements of this Code shall be met for each structure as though it were on an individual lot.
  2. Access for Buildings. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for rescue and fire protection vehicles.
HISTORY
Amended by Ord. 5994 on 10/21/2024

5994

6027