This Ordinance shall be officially known and cited as the Unified Development Ordinance of Peoria County, Illinois. Any references to "this Ordinance" contained herein shall be interpreted as referring to the Unified Development Ordinance.

These regulations are adopted pursuant to the authority granted to the County by Article VII, §6 of the Illinois Constitution (1970); the Local Land Resources Management Plan Act (50 ILCS 805/1 et seq.); the Illinois Counties Code (55 ILCS 5/5-1041; 55 ILCS 5/5-13001 et seq.; 55 ILCS 5/5-9001 et seq.; 55 ILCS 5/5-12001 et seq., 55 ILCS 5/5-40001); and the State of Illinois Plat Act (765 ILCS 205/0.01 et seq.)

1.3.1

Reorganization of Existing Regulations. The purpose of the Unified Development Ordinance of Peoria County is to combine the regulations governing vehicle races and stunts, erosion, sediment, and stormwater control, floodplains, subdivisions, swimming pools, and zoning that are currently contained in six (6) different chapters of the Peoria County Code into one comprehensive chapter that covers all facets of land development. Accordingly:

1.

The text of Chapter 4, Article II, Vehicle Races and Stunts, of the Peoria County Code, is hereby deleted in its entirety and those sections of the Code are reserved for future use.

2.

The text of Chapter 7.5, Article III, Erosion, Sediment, and Stormwater Control, of the Peoria County Code, is hereby deleted in its entirety and those sections of the Code are reserved for future use.

3.

The text of Chapter 9.5, Floodplain Regulations, of the Peoria County Code is hereby deleted in its entirety and those sections of the Code are reserved for future use.

4.

The text of Chapter 20, Subdivisions, of the Peoria County Code is hereby deleted in its entirety and replaced with the text of this Ordinance.

5.

The text of Chapter 21, Swimming Pools, of the Peoria County Code is hereby deleted in its entirety and those sections of the Code are reserved for future use.

6.

The text of Chapter 24, Zoning, of the Peoria County Code is hereby deleted in its entirety and those sections of the Code are reserved for future use.

The intent of this Ordinance is not to modify the regulations or processes contained in the chapters deleted above, but rather to combine them into a more user-friendly format. In combining the chapters deleted above, some wording has been modified for the sake of consistency but to a large extent the regulations have merely been renumbered and reorganized herein. Appendix B contains a chart showing the conversion from the old section numbers to the new section numbers.

1.3.2

Zoning Purpose. It is the purpose of the zoning regulations in this Ordinance to establish standards and regulations for the review and approval of all proposed development of property in the County, and to provide a development review process that will be comprehensive, consistent, and efficient in the implementation of the Comprehensive Plan and other goals, policies and standards of the County.

In order to foster and preserve the public health, safety, comfort and welfare, and to aid in the harmonious, orderly, and progressive development of the County, it is the intent of the County Board that the development process in the County be efficient, in terms of time and expense, effective, in terms of addressing the natural resource and public facility implications of proposed development, and equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and consideration of the interest of the citizens of the County.

It is the specific intent of the County to work cooperatively with all interested branches of government, including, but not limited to, the Illinois Department of Transportation, the Illinois Department of Natural Resources, Office of Water Resources, the United States Army Corps of Engineers, and any local health departments to aid in the harmonious, orderly and progressive development of the County. It is also the intent of the County to work cooperatively with its neighboring county and municipal governments so as to foster the integrated, comprehensive and equitable development of the County and its environs.

It is also the purpose of this Ordinance to regulate adult uses in order to promote the health, safety, and general welfare of the citizens of the County, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of adult uses within the County. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Ordinance to condone or legitimize the distribution of obscene material.

Based on evidence of the adverse secondary effects of sexually oriented adult businesses, presented in hearings and in reports made available to the County Board, and on findings incorporated in the cases of City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425, 122 S. Ct. 1728 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, Inc., 427 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Schultz v. City of Cumberland, 26 F.Supp.2d 1128 (W.D. Wisc. 1998), aff'd in part, rev'd in part, 228 F.3d 831 (7th Cir. 2000); Blue Canary Corp. v. City of Milwaukee, 270 F.3d 1156 (7th Cir. 2001); Matney v. County of Kenosha, 86 F.3d 692 (7th Cir. 1996); Berg v. Health and Hospital Corp., 865 F.2d 797 (7th Cir. 1989); DiMa Corp. v. Town of Hallie, 185 F.3d 823 (7th Cir. 1999); Genusa v. City of Peoria, 619 F.2d 1203 (7th Cir. 1980); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (7th Cir. 1996); Chulchian v. City of Indianapolis, 633 F.2d 27 (7th Cir. 1980); County of Cook v. Renaissance Arcade and Bookstore, 122 Ill. 2d 123 (1988); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997) (including cases cited therein); and other cases; and on reports of secondary effects occurring in and around adult uses, including, but not limited to, Phoenix, Arizona - 1984; Houston, Texas - 1997; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Austin, Texas - 1986; Seattle, Washington - 1989; Oklahoma City, Oklahoma - 1986; Cleveland, Ohio; Dallas, Texas - 1997; St. Croix County, Wisconsin - 1993; Bellevue, Washington, - 1998; Newport News, Virginia - 1996; New York Times Square study - 1994; Tucson, Arizona; Beaumont, Texas and also on findings from the Report of the Attorney General's Working Group On The Regulation Of Adult uses, (June 6, 1989, State of Minnesota), the County Board finds:

1.

Certain employees of unregulated adult uses defined in this ordinance as adult theatres and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.

2.

Sexual acts, including masturbation, and oral and anal sex, occur at unregulated adult uses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows.

3.

Persons frequent certain adult theatres, adult arcades, and other adult uses for the purpose of engaging in sex within the premises of such adult uses, or for the purpose of purchasing or selling illicit drugs.

4.

These and other activities occurring in and around adult businesses can have deleterious effects upon surrounding commercial and residential areas, including a negative effect on property values and an increase in crime.

5.

Chlamydia, gonorrhea, syphilis, genital herpes, trichomoniasis and human papilloma virus (genital warts) are all sexually transmitted diseases that are spread primarily through genital sexual contact with an infected partner.

6.

There are estimated 800,000 to 900,000 people currently living with HIV in the U.S. with approximately 40,000 new HIV infections occurring in the U.S. every year. ("A Glance at the HIV Epidemic," Centers for Disease Control and Prevention, Division of HIV/AIDS Prevention.)

7.

A total of 29,490 AIDS cases were reported to the Illinois Department of Public Health (January 1981 through June 2003). In Peoria County, 201 AIDS cases were reported during the same period. (Illinois Quarterly AIDS/HIV Surveillance Report, June 2003, Illinois Department of Public Health).

8.

An estimated 180,000 to 280,000 persons (25% of people with HIV) do not know they are HIV positive. ("Advancing HIV Prevention: New Strategies for a Changing Epidemic - United States, 2003" Centers for Disease Control and Prevention: MMWR Weekly April 18, 2003 52 (15): 329-332).

9.

The surgeon general of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.

10.

As of December 2001, a total of 468,298 AIDS deaths were reported in the U.S. (http://www.cdc.gov/hiv/stats.htm).

11.

An estimated 28,000 to 38,000 persons in Illinois are HIV infected (http://www.idph.state.il.us/health/statshome.htm).

12.

The cumulative HIV cases reported from July 1999 through June 2003 were 9,589 in Illinois and 90 in Peoria County. (Illinois Quarterly AIDS/HIV Surveillance Report, June 2003, Illinois Department of Public Health).

13.

According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

14.

Sanitary conditions in some adult uses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

15.

Numerous cases, studies and reports have determined that semen is found in the areas of adult uses where persons view "adult" oriented films.

16.

Adult uses have operational characteristics that should be reasonably regulated in order to protect those substantial governmental concerns.

17.

The general welfare, health, and safety of the citizens of the County will be promoted by the enactment of this ordinance.

1.3.3

Subdivision Purpose. The development of land is the first step in the process of community growth. After land has been developed into lots, blocks, streets and recorded as a plat of record, any effort to correct errors in the plat or the development is not only costly but also exceedingly difficult, and in some instances impossible after substantial construction has taken place. After a subdivision has been developed, the accepted streets, stormwater systems, other infrastructure, and public utilities are maintained by the various public services. The welfare of the entire community is materially, financially, and aesthetically affected by the quality of each development project. Therefore, it is to the best interest of the public, the developer, and the future property owners that all developments be conceived, designed and developed in accordance with good design practices and adequate minimum standards. Therefore, the subdivision regulations contained in this Ordinance are adopted for the following purposes:

1.

To protect and provide for the public health, safety, and general welfare of the County;

2.

To guide the future growth and development of the County in accordance with the Peoria County Comprehensive Land Use Plan, and any supplements or amendments thereto;

3.

To protect environmentally critical areas and areas premature for urban development;

4.

To provide adequate and efficient water usage, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities;

5.

To provide the most beneficial circulation of traffic throughout the County, having particular regard to the avoidance of congestion in the streets and highways and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines;

6.

To establish reasonable standards of design and approval procedures for all developments in order to further the orderly and most efficient design and layout of the land, and to ensure proper legal descriptions and monumenting of developed land;

7.

To prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard the water table, and to encourage the wise use and management of natural resources throughout the county; and

8.

To remedy the problems associated with inappropriately subdivided lands.

1.4.1

General. Except as otherwise provided in this section, the regulations in this Ordinance shall govern the development and use of land and structures, including but not limited to, all lots of record, subdivision and resubdivisions of land, and planned developments within the unincorporated areas of the County and planned developments within incorporated areas not zoned by municipal authorities. Except as otherwise provided by these regulations, no building, structure, or land shall be used or occupied, and no building, structure, or land shall be developed unless in conformity with all of the provisions of these regulations for the zoning district in which it is located and all other applicable regulations.

1.

Article 2, Sections 2.1, 2.2, 2.3; Article 3, Sections 3.1 through 3.9, and 3.11; Article 4; Article 5; Article 6; Article 7, Sections 7.1 through 7.12, and 7.15; Article 9; Article 10; and Article 11 shall also apply to incorporated areas not zoned by municipal authorities. Public utility structures and land used for agriculture, however, that are exempted by statute (55 ILCS 5/5 12001 et seq.) shall be permitted in any zoning district but may be subject to other requirements of these regulations. In addition, pleasure driveways and park districts as defined in the Illinois Park District Code, now in effect or as hereafter amended, (70 ILCS 1205/1-1 et seq.), with a population of greater than one hundred thousand (100,000), are exempt from the zoning regulations of this Ordinance.

1.4.2

Transition Period. Where a complete application for development approval (including building permit, special use approval, site plan approval, variance approval, final plan or record plat approval) is pending on the effective date of this Ordinance, the provisions of the regulations in effect when the application was filed shall govern the review and approval of the application for development approval. If such application is approved within six (6) months of the date of adoption of this Ordinance, then the applicant shall be entitled to complete the development, provided that construction begins within six (6) months of the issuance of such approval and is diligently pursued to completion.

1.4.3

Vested Rights. Any preliminary plats or construction plans filed, submitted or approved prior to the effective date of these regulations and any waivers granted by the County Board prior to the effective date of these regulations shall be held to the requirements in effect when the preliminary plat, construction plan or waiver was filed, submitted, approved or granted, as those standards have not changed with the adoption of this Ordinance (see Section 1.3 ("Purpose and Reorganization of Existing Regulations")).

1.4.4

Existing Unlawful Uses and Structures. A structure or use not lawfully existing at the time of the adoption of these regulations is hereby deemed lawful as of the effective date of this Ordinance, provided that it conforms with all of the requirements of these regulations. However, if such structure or use does not conform with all of the requirements of these regulations, then such structure or use remains unlawful hereunder.

1.4.5

Existing Permitted Uses. When a lot is used lawfully on the effective date of this Ordinance and Article 5, Use Regulations, of these regulations classifies such use as a "permitted use" in the zoning district in which it is located, such use is hereby deemed to be a lawful permitted use for the purposes of these regulations.

1.4.6

Existing Special Uses. When a lot is used lawfully on the effective date of this Ordinance and Article 5, Use Regulations, of these regulations classifies such use as a "special use" in the zoning district in which it is located, such use is hereby deemed to be a lawful special use for the purposes of these regulations. If the use was approved as a special use prior to the effective date of these regulations, and if the approval of such special use was subject to one or more conditions, those conditions shall continue in full force and effect unless a new special use approval is obtained in accordance with Section 3.5 ("Special Use Permits") of these regulations.

1.4.7

Addition to, Expansion of, or Change of Use in Existing Special Uses. Any addition to or expansion of a lawful special use, as defined in Section 1.4.6, Existing Special Uses, above, shall require new special use approval in accordance with the procedures and standards set forth in Section 3.5 ("Special Use Permits") of these regulations for new special uses. Any change in a lawful special use to a new use shall be permitted only if these regulations classify the new use as a permitted use or a special use in the zoning district in which it is located, and only in accordance with the approval procedures set forth in these regulations for such use.

1.4.8

Previously Granted Variances. All variances granted prior to the effective date of this Ordinance, and any conditions attached thereto, shall remain in full force and effect, and the recipient of the variance may proceed to develop the property in accordance with the plans previously approved. However, if the recipient of the variance has failed to act on the variance before the variance expires, the provisions of these regulations shall govern.

(Res. of 7-12-12)

The standards of this Ordinance are minimum requirements. The issuance of any permit, certificate, or approval in accordance with the standards and requirements of this Ordinance shall not relieve the recipient of such permit, certificate, or approval from the responsibility for complying with all other applicable requirements of any other county, state, or federal agency, having jurisdiction over the structures or land uses for which the permit, certificate or approval was issued.

All applications for development approval submitted to the County under these regulations shall be accompanied by payment of a fee as adopted by the County Board from time to time to defray the costs incurred by the County in reviewing the application. No application shall be considered to be complete and subject to review by the County until such fee has been paid. In addition to the fees adopted by the County Board, all applicants for development approval shall reimburse the County for reasonable costs incurred as a result of the application's review by a legal, engineering, or other special consultant, provided that the applicant is notified of the need to retain such special consultant and agrees to such retention. Payment of these fees shall be made prior to a final vote or decision by the County Board, the Zoning Board of Appeals, or the Zoning Administrator on a given development application. When a process requires multiple approvals, such as a rezoning and a special use, all applicable fees shall be levied and collected by the Zoning Administrator. Fees required under these regulations are set forth in Appendix A.

In interpreting and applying the provision of these regulations, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals, comfort, and general welfare. It is not intended by these regulations to interfere with, abrogate, or annul any easements, covenants, or other agreements between parties. However, wherever these regulations impose greater restrictions upon the use of buildings, structures, or land or require more restrictive building lines, then the provisions of these regulations shall control.

If any section, specific provision, or standard of these regulations or any zoning district boundary that now exists or may exist in the future is found by a court to be invalid or inappropriately applied for any reason, the decision of the court shall not affect the validity or application of any other section, provision, standard, or district boundary of these regulations except the provision in question. The other portions of these regulations not affected by the decision of the court shall remain in full force and effect.

For the purposes of these regulations, the following rules of construction shall apply:

1.

These regulations shall be construed to achieve the purposes and intent for which they are adopted.

2.

In the event of a conflict between the text of these regulations and any caption, figure, illustration, table, or map, the text of these regulations shall control.

3.

In the event of any conflict in limitations, restrictions, or standards applying to an individual use or structure, the more restrictive provisions shall apply.

4.

The words "shall", "must", and "will" are mandatory in nature, implying an obligation or duty to comply with the particular provision.

5.

The word "may" is permissive in nature.

6.

Words used in the present tense include the future tense and vice versa.

7.

Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise.

8.

Words used in the masculine gender include the feminine gender and neuter.

9.

Any act authorized by these regulations to be carried out by a specific official or agency of the County is impliedly authorized to be carried out by a designee of such official or agency.

10.

The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or a legal holiday, that day shall be excluded.

11.

Any words and terms not defined in Article 11, Definitions, shall have the meaning indicated by common dictionary definition.

These regulations, and any amendment thereto, shall become effective January 1, 2012, following their passage, approval, and publication in the manner provided by law.