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Tolono City Zoning Code

SUPPLEMENTARY REGULATIONS

§ 154.220 PURPOSE.

   The purpose of these regulations is to protect natural resources, minimize the impacts of urban development, and respond to unique conditions in the community that are not specifically addressed elsewhere in this chapter.
(Ord. 2020-O-3, passed 2-18-2020)

§ 154.221 DEVELOPMENT ADJACENT TO WATERCOURSES AND WATERBODIES.

   (A)   Intent. The intent of the regulations regarding properties adjacent to watercourses and waterbodies is to:
      (1)   Prevent property damage from flooding, erosion, and pollution.
      (2)   Provide for adequate maintenance of watercourses or waterbodies.
      (3)   Provide for adequate controls so the watercourses or waterbodies will function according to the intended design as part of the stormwater management system.
      (4)   Enhance the aesthetic quality of the water feature so it becomes an asset to the neighborhood and community.
   (B)   Setbacks for lots around watercourses or waterbodies.
      (1)   For purposes of determining the required rear or side yard setback as established in each zoning district, the setback shall be measured from the edge of the structure to the top of the bank of the watercourse or waterbody.
      (2)   In no case shall any structure, accessory building, or similar obstruction be located within 15 feet of the top of the bank of any watercourse. In no case shall any fence be located within five feet of the top of the bank of any watercourse. This area shall be referred to as the setback area.
      (3)   For purposes of this subchapter, the BANK shall mean the natural or man-made slope immediately bordering the watercourse or waterbody containing and/or confining the normal water flow.
      (4)   For purposes of this subchapter, the top of the bank shall be determined by the observed high water mark, or one foot above the maximum discharge elevation or outlet control structure that controls the water elevation of a body of water.
   (C)   Standards for maintenance.
      (1)   The setback area shall be kept free of trash, litter, and weeds.
      (2)   No shrubs shall be allowed in the setback area. Only trees from the plant list in the village's tree ordinance may be planted in the setback area. The setback area must be covered with groundcover, non-living decorative material such as bark, woodchips, decorative rock or stone, or other similar materials. Garden plots, alternative landscapes, and walkways are permitted within the setback area.
      (3)   The owner shall maintain all plant materials and decorative treatments in such a manner as to protect their functional integrity. The owner shall replace all plant materials that have died within one year.
      (4)   There shall be no trash or dumpster areas, no storage of hazardous materials, no vehicle maintenance operation, or other source of non-point pollution contained within the setback area.
(Ord. 2020-O-3, passed 2-18-2020)

§ 154.222 REGULATIONS REGARDING GROUNDWATER PROTECTION.

   (A)   Intent. The intent of the regulations regarding properties adjacent to watercourses and waterbodies is to:
      (1)   Preserve the quality and quantity of groundwater resources.
      (2)   Assure a safe and adequate water supply for present and future generations.
      (3)   Preserve groundwater resources currently in use and those aquifers having a potential for future use as a public water supply.
   (B)   Additional definitions.
      ACT. The State of Illinois Environmental Protection Act.
      AGENCY. The Illinois Environmental Protection Agency.
      BOARD. The Illinois Pollution Control Board.
      MAXIMUM SETBACK ZONE. The area around a community water supply well established and described in agency regulations.
      MINIMUM SETBACK ZONE. The area around a community water supply well, established and described in agency regulations.
      POTENTIAL PRIMARY SOURCE. Any wellhead at a facility or site not currently subject to a removal or remedial action which:
         (a)   Is utilized for the treatment, storage, or disposal of any hazardous or special waste not generated at the site.
         (b)   Is utilized for the disposal of municipal waste not generated at the site, other than landscape waste, and construction and demolition debris.
         (c)   Is utilized for the landfilling, land treating, surface impounding, or piling of any hazardous or special waste that is generated on the site or at other sites owned, controlled, or operated by the same person.
         (d)   Stores or accumulates at any time more than 75,000 pounds of any hazardous substance above ground, or more than 7,500 pounds below ground of any hazardous substances.
      POTENTIAL SECONDARY SOURCE. Any wellhead at a facility or a site not currently subject to removal or remedial action, other than a potential primary source, which:
         (a)   Is utilized for the landfilling, land treating, or surface impounding of waste that is generated on the site or at other sites owned, controlled, or operated by the same person, other than livestock and landscape waste, and construction and demolition debris.
         (b)   Stores or accumulates at any time more than 25,000 pounds but not more than 75,000 pounds above ground, or more than 2,500 pounds but not more than 7,500 pounds below ground, of any hazardous substances.
         (c)   Stores or accumulates at any time more than 25,000 gallons above ground, or more than 500 gallons below ground, of petroleum, including crude oil or a fraction thereof which is not otherwise specifically listed or designated as a hazardous substance.
         (d)   Stores or accumulates pesticides, fertilizers, or road oils for purposes of commercial application or for distribution to retail sales outlets.
         (e)   Stores or accumulates at any time more than 50,000 pounds of any deicing agent.
         (f)   Is utilized for handling livestock waste or for treating domestic wastewaters other than private sewage disposal systems as defined in the "Private Sewage Disposal Licensing Act".
   (C)   Primary and secondary sources prohibition.
      (1)   Except as provided otherwise in this subchapter, no person shall place a potential primary source, or potential secondary source within the minimum setback zone.
      (2)   Except as provided in this subchapter, no person shall place a potential primary source within the maximum setback zone.
   (D)   Waivers exceptions and exclusions.
      (1)   If the owner of a potential primary source or potential secondary source, is granted an exception, waiver, or certificate of minimal hazard under the provisions of the Act, or if such use is excluded from the Act, such person or use shall be deemed to have a waiver, exception, or exclusion to the same extent as provided for in the Act.
      (2)   In no case shall a landfill or land treating operation be subject to such waivers, exceptions, or exclusions.
(Ord. 2020-O-3, passed 2-18-2020)

§ 154.223 REGULATIONS REGARDING PRIVATE SEWAGE DISPOSAL.

   Minimum lot sizes. The following regulations shall apply, notwithstanding the district area and width regulations of this subchapter:
   (A)   In all sections of the village which are served neither by sanitary sewers nor with public water supply, lots shall have minimum area of 20,000 square feet, and a minimum width at the building line of 100 feet.
   (B)   In all sections of the village which are not served with sanitary sewers, but which are served with public water supply, lots shall have a minimum area of 11,000 square feet and a minimum width at the building line of 80 feet.
   (C)   Providing smaller lot sizes and widths than specified in divisions (A) and (B) above, but not less than prescribed in the district regulations, may be permitted when authorized as a special exception upon submission of satisfactory evidence that smaller lot area of width will provide safe and effective sanitary sewage disposal in the particular location in question. Such evidence may include, but shall not be limited to, a specific recommendation from the Illinois Department of Public Health.
(Ord. 2020-O-3, passed 2-18-2020)

§ 154.224 EROSION CONTROL, FLOODPLAIN AND STORMWATER MANAGEMENT.

   (A)   Erosion control. All developments of five acres or more, shall take measures to control erosion in accordance with the provisions in the village's subdivision ordinance.
   (B)   Floodplain requirements. All development within a floodplain shall be subject to provisions in the village's Stormwater Management Plan.
   (C)   Stormwater management. All developments of five acres or more, shall comply with stormwater management measures in accordance with the provisions in the village's subdivision ordinance.
(Ord. 2020-O-3, passed 2-18-2020)

§ 154.225 LIGHTING.

   (A)   Intent. The intent of regulation for exterior lighting and glare is to:
      (1)   Provide minimal lighting of public and private property for the safety, security, and convenience of occupants and the general public and;
      (2)   To eliminate or reduce the nuisance and hazards of excessive light and glare.
   (B)   Parking lot lighting.
      (1)   Definitions for all terms and standards in this division (B) shall be defined from the 1984 edition of the IES Lighting Handbook, reference volume, New York; Illuminating Engineering Society of North America.
      (2)   All parking lots where the number of parking spaces exceed ten spaces and are less than 50 spaces, shall at a minimum provide at least one lighting fixture for every ten parking spaces. The fixture shall be mounted at least ten feet above ground. No fixture shall have a cut-off of greater than 75 degrees.
      (3)   All parking lots with 50 or more spaces shall submit a lighting plan which demonstrates that adequate illumination is provided to attain a minimum of one footcandle per square foot of surface area. Light fixtures shall operate from dusk until dawn or until the business closes for the night.
      (4)   The owner shall maintain all lights. Lights shall be kept in working order and shall be operated as required. Failure to install, maintain, or operate the required lights, shall be considered a violation and shall be subject to enforcement action in §§ 154.245 through 154.253.
   (C)   Lighting design standards.
      (1)   The maximum height for luminaires shall be in accordance with the following table:
         (a)   When light source or luminaire has no cut-off:
 
Zoning District
Maximum Height
RS, R-1 through R-5
10 feet
CN
15 feet
CB, I-1
20 feet
 
         (b)   When light source or luminaire has total cut-off of light at an angle of 90 degrees or greater:
 
Zoning District
Maximum Height
RS, R-1 through R-5
15 feet
CN
25 feet
CB, I-1
35 feet
 
         (c)   When light source or luminaire has total cut-off of light at an angle of less than 90 degrees and is located so that the bare light bulb, lamp, or light source is completely shielded from the direct view of an observer five feet above the ground at the point at which the cut-off angle intersects the ground:
 
Zoning District
Maximum Height
RS, R-1 through R-5
15 feet
CN
25 feet
CB, I-1
35 feet
 
      (2)   No luminaire shall be placed within the buffer yard abutting a residential district. Luminaires within 20 feet of a residential district shall have a total cut-off of light at an angle of less than 90 degrees, and is located so that the bare light bulb, or lamp is completely shielded from the direct view of an observer at a point, five feet above the ground at the point at which the cut-off angle intersects the ground. Such light shall face away from any residential district.
   (D)   Exempted uses. The following uses shall be exempted from these lighting design standards:
      (1)   Ball diamonds, tennis courts, and playing fields.
      (2)   Streetlights and fixtures on utility poles (refer to the village's subdivision regulations for streetlight requirements).
   (E)   Prohibited lights. The following lighting is prohibited for all uses in all zoning districts:
      (1)   Flickering or flashing lights.
      (2)   Laser lights or holograms.
(Ord. 2020-O-3, passed 2-18-2020)