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Rantoul City Zoning Code

ARTICLE 1

- TITLE, PURPOSE AND APPLICABILITY

Sec. 46-1.- Title.

This Chapter is a recodification of the Rantoul Zoning Ordinance as adopted by Ordinance No. 2154 on August 12, 2008. This Chapter as so recodified, shall be known and may be cited as the "Rantoul Zoning Ordinance," or "Zoning Ordinance."

(Ord. No. 2542, § 1, 9-12-2017)

Sec. 46-2. - Purpose.

The intent of this Chapter is to establish land use regulations to serve the village. The purpose of this Chapter is:

1.

To promote and protect public health, safety and welfare.

2.

To secure adequate light, air, privacy, and convenience of access to property.

3.

To promote the orderly development of the village in accordance with the comprehensive plan.

4.

To protect the character and maintain the stability of the village's residential, commercial and industrial areas.

5.

To divide the municipality into zoning districts according to use of land and structures, height and bulk of structures, intensity of use of lot area, or other classification, as deemed best suited to carry out the purposes of this Chapter.

6.

To establish reasonable standards to which structures must conform.

7.

To prevent overcrowding of land and undue concentration of structures by regulating and limiting the use and bulk of structures in relation to the surrounding land.

8.

To regulate the intensity of the use of land.

9.

To provide for safe and efficient traffic circulation.

10.

To prohibit uses or structures incompatible with the character of development or intended uses with specified zoning districts.

11.

To protect against fire, explosions, noxious fumes, and other dangers.

12.

To otherwise avoid or decrease the hazards to persons or damage to property resulting from the accumulation or runoff of stormwater and floodwater.

13.

To provide for the gradual elimination of nonconformities.

14.

To define and limit the powers and duties of the administrative officers and bodies as provided in this Chapter.

(Ord. No. 2542, § 1, 9-12-2017)

Sec. 46-3. - Compliance with regulations.

It is unlawful to perform any one or more of the following acts except in compliance with the provisions of this Chapter:

1.

To erect a new building or structure.

2.

To erect more than one main building on one lot, except in compliance with Article 11 of this Chapter.

3.

To have more than one principal use on one lot.

4.

To excavate for or build any foundation.

5.

To relocate, enlarge, structurally alter, or reconstruct any building or structure.

6.

To establish, expand, enlarge, relocate, or change any use of a building, structure, or land.

7.

To establish, expand, enlarge, relocate, or change any nonconforming use.

(Ord. No. 2542, § 1, 9-12-2017)

Sec. 46-4. - Evasion of area, yard, and parking regulations.

1.

It is unlawful to lease, sell, convey, or use a portion of an improved lot when the effect of such action is one of the following:

a.

To reduce the area of the lot below the minimum area requirements of this Chapter;

b.

To reduce the depth or width of a yard to less than the minimum depth or width required by this Chapter; or

c.

To reduce the number of parking spaces on the lot below the minimum number of such spaces required by this Chapter, except as otherwise provided.

2.

It is unlawful to lease, sell, convey or use a lot or a portion of a lot that is used for required off-street parking without providing other parking facilities that meet the requirements of this Chapter, except as otherwise provided.

(Ord. No. 2542, § 1, 9-12-2017)

Sec. 46-5. - Scope of regulations.

1.

Territorial application. This Chapter applies to all land use and structures within the corporate limits of the village.

2.

Relation to private agreements. This Chapter is not intended to abrogate or nullify any easement, covenant, or private agreement. However, where the provisions of this Chapter are more restrictive or impose higher standards or requirements than such easements, covenants, or private agreements, the requirements of this Chapter govern.

3.

Relation to other laws and regulations. Unless otherwise specifically provided, this Chapter controls over less restrictive statutes, building code provisions, ordinances, or regulations. More restrictive statutes, building code provisions, ordinances, or regulations control over the provisions of this Chapter.

(Ord. No. 2542, § 1, 9-12-2017)

Sec. 46-6. - Transition rules.

1.

Existing illegal structures and uses. A structure or use that does not comply with the provisions of this Chapter at the time of the adoption of this Chapter, but is subsequently brought into compliance with the provisions of this Chapter is deemed to be in compliance as of the effective date of this Chapter.

2.

Existing uses.

a.

If a structure or land is used in a manner that was classified as a permitted use prior to the effective date of this Chapter, and now that use is classified as a special use as of the effective date of this Chapter, that use is deemed a lawful special use. Any subsequent addition, enlargement, or expansion of that use must conform to the procedural and substantive requirements of this Chapter for special uses.

b.

If a structure or land is used in a manner that was classified as a special use prior to the effective date of this Chapter, and that use is now classified as a permitted use as of the effective date of this Chapter, that use is deemed a lawful permitted use. Any subsequent addition, enlargement, or expansion of that use must conform to any Chapter requirements for such permitted use and is no longer subject to the conditional use Chapter under which it was originally approved.

c.

If a structure or land is used in a manner that was classified as a permitted or special use prior to the effective date of this Chapter, but this Chapter no longer classifies that use as either a permitted or special use in the district in which it is located, that use is deemed a nonconforming use and is controlled by the provisions of Article 18 of this Chapter.

3.

Structures rendered nonconforming. If a structure existing on the effective date of this Chapter was a conforming structure before the effective date of this Chapter, but that structure does not meet all standards set forth in this Chapter for the district in which it is located, that structure is deemed a nonconforming structure and is controlled by the provisions of Article 18 of this Chapter.

4.

Lots rendered nonconforming. If a lot of record existing on the effective date of this Chapter was a conforming lot before the effective date of this Chapter, but that lot does not meet all standards set forth in this Chapter for the district in which it is located, that lot is deemed a nonconforming lot of record and is controlled by the provisions of Article 18 of this Chapter.

5.

Previously issued building permits. If a building permit for a structure was lawfully issued prior to the effective date of this Chapter, and if construction has begun within six months of the issuance of that building permit and is diligently pursued to completion, the structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under the certificate of occupancy for the originally intended use. The structure will be subject thereafter, if applicable, to the provisions of Article 18 of this Chapter.

6.

Previously granted special uses and variances. All special uses and variances granted prior to the effective date of this Chapter, except as deemed permitted or legal by this Chapter, remain in full force and effect. The recipient of the special use or variance may proceed to develop and use the property in accordance with the approved plans and all applicable conditions. However, if the recipient has failed to act on the special use or variance before the approval expires, including any periods of extension granted, the provisions of this Chapter will govern.

7.

Pending applications. An application that has been deemed complete and scheduled for a public hearing or meeting, as applicable, is subject to the applicable provisions of this Chapter.

(Ord. No. 2542, § 1, 9-12-2017)

Sec. 46-7. - Interpretation.

1.

In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements for the promotion of health, safety, morals, comfort, prosperity and general welfare.

2.

The provisions in this Chapter are cumulative and represent additional limitations upon all other laws and Chapters, previously passed or that may be passed at a later date, governing any subject matter in this Chapter.

(Ord. No. 2542, § 1, 9-12-2017)

Sec. 46-8. - Separability.

If any section, paragraph, subdivision, clause, sentence, or provision of this Chapter is adjudged to be invalid by any court of competent jurisdiction, that judgment does not affect, impair, invalidate, or nullify the remainder of this Chapter. The effect of the judgment is confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the dispute in which judgement or decree was rendered.

(Ord. No. 2542, § 1, 9-12-2017)