In order to classify, regulate and restrict the locations of trades and industries, and the location of buildings designed for specified uses; to regulate and limit the height and bulk of buildings hereafter erected or altered; to regulate and limit the intensity of the use of lot areas; and to regulate and determine the area of yards, courts, and other open spaces within and surrounding such buildings, the city, and the land lying outside of and contiguous for a distance of up to one and one-half (11/2) miles from the corporate limits of the city, as hereinafter set forth, is hereby divided into the following districts. The use, height, and area regulations are uniform in each of the regulation districts, and said districts shall be known as: (Ord., 5-13-1968; amd. Ord., 5-4-1981)

 

 

(Ord., 5-13-1968)

   A.   The boundaries of the districts established in section 9-3-1 of this chapter are indicated upon the zoning map of the city, which map is on file in the city. The city zoning map, with all the notations, references, and other matters shown thereon, shall be as much a part of this title as if the notations, references and other matters set forth by said map were all fully described herein. Except after obtaining written permission from the building commissioner and except as hereinafter provided:

      1.   No building shall be erected or altered, nor shall any building or premises be used for any purpose, other than is permitted in the district in which such building or premises is located.

      2.   No buildings shall be erected or altered to exceed in height the limit herein established for the district in which such building is located.

      3.   No building shall be erected, nor shall any existing building be altered, enlarged, or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner, except in conformity with the area regulations hereby established for the district in which such building is located.

   B.   Unless otherwise prohibited or restricted, a permitted use also allows such use, building or structure as is clearly incidental thereto and compatible with the principal use, if located on the same lot. Incidental uses, buildings or structures shall not be established or erected prior to the establishment or construction of the principal use. (Ord., 5-13-1968)

Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:

   A.   The district boundaries are either streets or alleys, unless otherwise shown, and where the designations on the zoning map indicate that the various districts are approximately bounded by street or alley lines, such streets or alleys shall be construed to be the boundaries of such district.

   B.   Where the district boundaries are not shown to be streets or alleys and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the designations on the zoning map indicate that the various districts are approximately bounded by lot lines, such lot lines shall be construed to be the boundaries of such districts.

   C.   Where the district boundaries are not shown by streets or alleys or lot or block lines, the district boundaries shall be determined by use of the scale shown on the map. (Ord., 5-13-1968)

Any area annexed to the city shall, upon such annexation, be automatically classified in the C conservation district. Within sixty (60) days after date of annexation, the city council shall hold a public hearing in the manner provided for amendments to this title. The city council shall classify the area in the same district or such other district as it shall determine within one hundred twenty (120) days of the date of annexation. (Ord., 5-13-1968; amd. 2015 Code)

   A.   In addition to land lying within its corporate limits, the city, after proper notice and hearing, hereby exercises its right to zone the following land, all of which lies within one and one-half (11/2) miles outside of and contiguous to its corporate limits:

      1.   In Township 30 North, Range 1 East of the 3rd Principal Meridian, Marshall County, Illinois (Evans Township):

All that part of the West Half of the East Half of Section 28, and all that part of the West Half of Section 28, which lie South of the Illinois Central Gulf Railroad right-of-way;

All of Sections 29, 31 and 33;

All that part of the East Half of Section 30 lying South of the Illinois Central Gulf Railroad right-of-way;

All that part of Section 32 lying outside the corporate limits of the City of Toluca;

West Half of the South 240 acres of the West Half of Section 34.

      2.   In Township 30 North, Range 1 West of the 3rd Principal Meridian, Marshall County, Illinois (Bennington Township):

All of Sections 6, 7 and 9;

All those parts of Sections 4, 5 and 8 lying outside of the corporate limits of the City of Toluca;

West Quarter of Sections 3 and 10;

North Quarter of Sections 16 and 18;

North Half of Section 17.

      3.   In Township 29 North, Range 1 West of the 3rd Principal Meridian, Marshall County, Illinois (Bell Plain Township):

East Half of Section 1;

East Quarter of Section 12.

   B.   All of said land lying outside the corporate limits of the city is hereby zoned C conservation district, except for that tract of land in section 4 of Bennington Township known as Bayless Subdivision, which is hereby zoned R-2 multi-family district.

   C.   It is specifically provided by this title that there shall be no fee charged for any permit required to be issued because of this section for any property not within the corporate limits of the city and zoned C conservation district. (Ord., 5-4-1981)