(a)

Applicability. This article applies to any use, development, or subdivision of land. Individual sections have limited applicability (for example, some sections apply only to subdivision plats).

(b)

Subdivisions. In laying out a subdivision, the subdivider shall comply with the general principles and requirements of this article.

(c)

Number of uses on one lot.

(1)

Under normal circumstances, each zoning lot will contain only one permitted use, with the principal building constituting that principal use.

(2)

If more than one use is to be allowed, whether through re-zoning, special use or both, the zoning lots will then require an area equal to the sum of the areas required for each use as required by the zoning district regulations. A legal description of the areas involved will be required. The administrator will determine the area required for any special uses.

(Compiled Ords. 2013, § 19-3.1; Res. No. 20, 12-19-1989)

(a)

All entrances shall fall under the entrance permit policies of the designated road authority for the road in question.

(b)

Any permits required by the road authority will be obtained prior to receiving a zoning permit from the zoning office. Those permits should be issued in a timely manner by the road authority. A lack of reasonable cooperation on the part of the designated road authority will not preclude the administrator from issuing a certificate.

(Compiled Ords. 2013, § 19-3.2)

(a)

Building codes. Pursuant to Whiteside County Ordinance #18 dated June 20, 2017, all construction in the unincorporated areas shall comply with the 2015 International Building Codes, as adopted by the county board.

(b)

Height limitations stipulated elsewhere in these regulations do not apply:

(1)

To barns, silos or other farm buildings or structures on farms that are at least 50 feet from every lot line.

(2)

To church spires, belfries, cupolas and domes, monuments, water towers, fire and base towers, masts and aerials.

(3)

To parapet walls extending up to four feet above the limited height of the building.

(4)

To places of public assembly such as churches, schools and other permitted public and semipublic buildings not to exceed six stories or 75 feet. For each foot by which the height of the building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width and depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.

(c)

The zoning hearing officer may approve additional height for bulkheads, conveyors, derricks, elevator penthouses, water tanks, monitors and scenery lofts, monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders, or other structures where the manufacturing process requires a greater height than specified in the district regulations.

(Compiled Ords. 2013, § 19-3.3; Ord. No. 2, 3-21-2018; Ord. No. 12-2020-19, § 3, 12-22-2020)

(a)

Applicability. Pursuant to the Endangered Species Protection Act, the applicant shall initiate a consultation process with, and pay all applicable fees to, the state department of natural resources for:

(1)

Any requests for zoning amendment for land currently zoned as agricultural or other open space designation to one that would allow development; and

(2)

Any requests for approval of a planned development, special use permit and preliminary and final subdivision plans.

(b)

Exemptions. The following are exempt from the endangered species consultation process:

(1)

Any requested amendments for land currently zoned, developed and used in its entirety for residential, commercial or industrial purposes; and

(2)

The issuance of zoning permits and other non-discretionary decisions by administrative officials.

(Compiled Ords. 2013, § 19-3.4)

(a)

Applicability. This section applies only to applications for subdivision plat approval.

(b)

Standards and time of construction.

(1)

Improvements shall be installed in accordance with the minimum requirements and regulations of this article prior to the filing of the final plat for final approval.

(2)

All of the improvements required under this article shall be constructed under contract acceptable to the county engineer in respect to construction details and proper inspection of the improvements to be installed, and shall be completed prior to the filing of the final plat and request for final approval, in accordance with the specifications and under the supervision of the highway and public works department or highway and public works department's duly designated representative.

(3)

In lieu of completing all the improvements as required in subsection (2) of this section, the subdivider shall furnish the county with good and sufficient security instrument, sufficient to cover the cost of any or all of the improvements required to be installed by the subdivider, based on engineer's estimates and approved by the county engineer thereby to secure the actual construction and installation of such improvements within one year after the approval of the final plat, subject to extension by the zoning hearing officer.

(4)

Preliminary transfer to highway authority agreement. If agreeable to both the developer and highway commissioner, jurisdiction can be transferred by written agreement prior to completion of bituminous surface. See sample agreement at section 39-390 (certificates and forms).

(c)

Improvement guarantees. Before the plat officer approves and signs a final plat, the subdivider shall submit to the plat officer a letter from the county engineer stating:

(1)

That the required improvements have been installed; or

(2)

That in lieu of constructing the planned improvements prior to approval of a final plat, the developer has filed with the highway and public works department a construction guarantee in the amount of 110 percent of the estimated cost of the required improvements for the development of property subject to the final plat of subdivision. This guarantee is to ensure the satisfactory installation of said improvements in accordance with the approved plans and specifications and according to good engineering and construction practices; and to ensure the satisfactory completion of those improvements within the prescribed time limits;

a.

The cost of each improvement shall be itemized in a list prepared, signed and sealed by the design engineer on his letterhead stationery and approved by the county engineer.

b.

The guarantee shall be one of the following formats and form, amount and type subject to approval by the county engineer:

1.

A certificate of deposit, or an escrow account, at a federally insured bank or savings and loan association. The certificate of deposit or escrow account shall be in a form to allow the county to procure the funds to complete the land improvements if construction of the improvements is not completed in accordance with the provisions of these regulations, and shall otherwise be in a form acceptable to the county;

2.

An undertaking by the subdivider guaranteeing completion of the land improvements remaining to be completed, as secured by an irrevocable letter of credit certifying that adequate funds are and will be available at a sound and reputable banking or financial institution as federally insured and authorized to do business in the state. The irrevocable letter of credit shall be in effect for a period of two years from the date of approval of the improvement plans, shall run in favor of the county, and shall indicate there are sufficient funds available for 110 percent of the estimated cost of all the land improvements remaining to be completed, and that the funds are held for that purpose only and for no other purposes. The undertaking and irrevocable letter of credit shall be in a form to allow the county to procure the funds to complete the land improvements if construction of the improvements is not completed in accordance with the requirements of this article, and shall otherwise be in a form acceptable to the county;

3.

Other good and sufficient security as approved by the appropriate legal authority of the county to guarantee the proper installation of land improvements.

c.

A construction guarantee shall be reduced only by authorization of the county engineer upon:

1.

Application for payout by the subdivider in amounts such that funds remaining will always equal 110 percent of the value of the uncompleted work, as determined by the county engineer. No more than 90 percent of the construction guarantee shall be released prior to one year after the satisfactory completion of the required improvements;

2.

Where the required improvements have not been installed in accordance with these regulations, the county may then declare the construction guarantee to be in default and may draw from the guarantee amount for use in matters related to ensuring the satisfactory construction of said improvements, including attorney's fees and court costs encumbered in the enforcement of the provisions of this section; or

3.

When all improvements have been completed or as provided by an agreement pursuant to subsection (b)(4) of this section, with the exception of the bituminous surface course, the county engineer may release the construction guarantee, and the appropriate highway agency will then accept maintenance of the improvements. The guarantee shall be replaced by a cash escrow in the amount of 105 percent of the engineer's estimate of cost to complete the improvements. This cash escrow shall be held by the county and then utilized by the highway agency accepting the improvements for placement of the bituminous surface course. This final lift will be scheduled for completion by the accepting highway agency during the next construction season.

d.

The county engineer shall not release a construction guarantee prior to the satisfactory installation of all required improvements, as determined:

1.

One year after the completion of all improvements required for the approved final plat; or

2.

After submission of the project engineer's certification, if improvements include either a system for community water distribution or sanitary sewer system, or both, or as otherwise required by the county engineer, or when the project installation has been observed in the field and completed in substantial compliance with the plans and specifications and with all applicable ordinances and laws;

3.

After the submission of as-built construction drawings (see subsection (d) of this section);

4.

Placement of the cash escrow for road completion as described in subsection (c)3(iii) of this section; and

5.

After the county engineer's acceptance of the improvements.

e.

The subdivider shall maintain all capital improvements until the release of the construction guarantee. Capital improvements include, but are not limited to, streets, storm sewers and other drainage appurtenances, sanitary sewage systems and facilities, water supply and distribution systems, street lighting equipment, sidewalks, guard rails and landscaping. Public improvements specifically excluded from maintenance responsibilities of the subdivider, after acceptance of the improvements by the county engineer, are the replacement of light bulbs, electricity charges for public street lighting, snow removal and mowing of grass within a public right-of-way.

(d)

As-built construction drawings.

(1)

When, for any reason, the actual construction of subdivision improvements will vary from the original plans, as submitted and approved, the developer will submit the proposed changes to the plat officer and the county engineer for review. If the proposed changes are ten percent or less of the approved plans and do not exceed the requirements of this article, the plat officer and the county engineer can approve the changes. If the changes are more than ten percent of the approved plans or exceed the requirements of this article, a further review will be conducted by the zoning hearing officer.

(2)

Where the construction as performed varies from the plans filed and approved as required above, two sets of as-built construction drawings shall be filed with the plat officer and the county engineer.

(3)

If such construction does not vary from such plans, an affidavit executed by a registered professional engineer so certifying shall be filed prior to acceptance of a final plat or acceptance of improvements for maintenance.

(e)

Maintenance bond.

(1)

The subdivider shall post a maintenance bond for ten percent of the original construction cost covering any improvement to be accepted for maintenance by the county or township.

(2)

The bond shall be held by the county highway and public works department and shall become effective upon acceptance of the roads by the road district highway commissioner.

(3)

Maintenance bonds shall run for two years on street construction and two years on sewer and water improvements.

(Compiled Ords. 2013, § 19-3.5; Ord. No. 12-2020-19, § 3, 12-22-2020)

(a)

Layout generally.

(1)

This subsection applies only to subdivision plats.

(2)

The layout must conform to the transportation plan, other parts of the adopted county plan, adopted municipal plans and other adopted regulations of the county.

(3)

Whenever a tract to be subdivided embraces any part of a highway or road designated on the county comprehensive plan or a municipal plan, that part of the public way must be platted by the subdivider in the location and at the width indicated on the plan.

(4)

Where a proposed park, playground, or other recreational area, proposed school site or public ground, shown on the adopted community facilities plan or other adopted part of the county comprehensive plan, is located in whole or in part within the proposed subdivision, the proposed public ground, if not dedicated to the appropriate board of education or other public agency, must be reserved and no action taken on the subdivision for a period of at least 90 days to allow the county or other public agency the opportunity to consider and take action toward acquisition of the public ground by purchase or other means. If the responsible agency does not take action to acquire the land, the subdivider may then use the land for any purpose permitted.

(5)

Where considered desirable by the subdivider and held appropriate by the zoning hearing officer, open spaces suitably located and of adequate size for parks, playgrounds, or other recreational purposes for local or neighborhood use may be provided for in the design of the proposed subdivision and if not dedicated to the public and accepted by the appropriate public body, may be reserved for the common use of all property owners in the proposed subdivision by covenant in the deeds.

(b)

Lots.

(1)

The area and dimensions of lots shall conform to all zoning district requirements (see article II of this chapter). Reductions in lot sizes for nonconforming lots are provided in article VI of this chapter.

(2)

Lot sizes are subject to the requirements of the zoning district in which they are located and to any restrictions (based on soil types and other information) required by the county health department.

(3)

For subdivision plats:

a.

The size, shape and orientation of lots shall be appropriate for the location of the proposed subdivision and for the type of development contemplated.

b.

Excessive depth in relation to width ordinarily is prohibited.

c.

Every lot shall abut on a public right-of-way dedicated for street purposes. Where property being subdivided runs to the centerline of an existing road, at least 33 feet will be formally dedicated to the public.

d.

Residential lots on curves and turn-arounds shall be at least 50 feet wide at the front lot line and shall be adequate for a building of practicable width.

e.

Lots larger than the minimum called for by health and land use regulations may be required where topographic or other considerations may limit the buildable or usable portion of such lots.

f.

Corner lots for residential use ordinarily shall be platted wider than interior lots in order to permit conformance with the required front yards.

g.

Double-frontage lots and reversed-frontage lots are prohibited, except that reversed-frontage lots are required along any state or federal highways and along any county designated highways or township roads where required by the county engineer.

h.

Side lot lines shall be approximately at right angles to the right-of-way line of the street on which the lot fronts.

i.

Side lot lines on curved streets shall be radial to the right-of-way line of the street on which the lot fronts.

j.

Lots not served by public sewer systems and/or public water systems shall meet all requirements established by the county health department to protect public health in the county.

(c)

Blocks.

(1)

Blocks shall have sufficient width for two tiers of lots of appropriate depth, at least 150 feet per tier, unless the zoning hearing officer finds that this is prevented by exceptional topography or other physical conditions.

(2)

Block length shall be appropriate to the development's neighborhood and the type of development contemplated, but shall not exceed 1,600 feet.

(3)

In any block over 800 feet in length, a crosswalk or pedestrian way, at least ten feet wide may be provided near the center and entirely across the block.

(d)

Yards.

(1)

Generally. Yards shall comply with all zoning district requirements (see article II of this chapter), and any restrictions (based on soil types and other information) required by the county health department.

(2)

Yard reductions. The following requirements apply to yards in all districts:

a.

No lot, yard, court, parking area or other open space shall be reduced in area or dimension to make the area or dimension less than the minimum required by the zoning district regulations.

b.

If a yard is already less than the minimum required, it shall not be further reduced.

c.

No required yard provided for a building or structure shall be included as part of any required yard for another building or structure.

d.

The space occupied by a required private garage or parking area is considered part of any required yard.

(3)

Front yard exceptions and modifications:

a.

Front yard requirements do not apply to:

1.

Bay windows or balconies occupying in the aggregate up to one-third of the front wall, if these projections are entirely within planes drawn from either main corner of the front wall, making an interior angle of 22½ degrees in the horizontal plane with the front wall;

2.

Chimneys, flues, belt courses, leaders, sills, pilasters, uncovered porches, plantings, fences or similar features up to three feet high above the average finished grade.

b.

Open-type fencing, such as woven wire, is allowed up to five feet high above the average natural grade.

c.

Fences in the front yard maybe used as a property line boundary but in no case shall they have posts larger than four inches wide by four inches deep.

d.

Contextual reductions.

1.

This subsection applies to subdivisions in any district, where no setbacks were platted and where the average depth of two or more existing front yards on lots within 600 feet of the lot in question and within the same block front of 1,800 feet is less or greater than the required front yard depth.

2.

If subsection (d)(3)d.1 of this section applies, the required, front yard is:

(i)

The average of the existing front yards;

(ii)

The average depth on the two lots immediately adjoining; or

(iii)

In the case of a corner lot, the depth of the front yard on the lot immediately adjoining.

3.

Notwithstanding subsection (d)(3)d.2 of this section, the depth of a front yard on a lot in any "R" district shall be at least 15 feet and need not exceed 100 feet.

(4)

Side yards.

a.

Side yards may be measured to the centerline of adjoining alleys, but in no case shall a building or structure for which a side yard is required be erected within five feet of an alley.

b.

On a corner lot, the least width of a side yard along the side street lot line shall be equal to the required front yard along the side street.

c.

Exceptions.

1.

Along any district boundary line, any abutting side yard on a lot in the less restricted district shall have at least equal width to that required in the more restrictive district. Where a lot in an "I" or "B" district abuts a lot in an "R" district, the side yard is increased by three feet for each story that the building proposed on that lot exceeds the height limit of the "R" district.

2.

Required side yards increase in width by two inches for each foot by which the length of the side wall of the building, adjacent to the side yard, exceeds 40 feet in an "R-1" district or 50 feet in any "R-2" district.

3.

For buildings no taller than 24 feet, required side yards are reduced by three inches from the otherwise required least width of each side yard for each foot by which a lot of record at the time of enactment of this chapter is narrower than the lot width specified for the district in which the lot is located. This exception applies only if the owner of record does not own any adjoining property. This subsection supersedes the side yard requirements above.

d.

Projections into side yards are permitted as follows:

1.

Fences, plantings or walls not over six feet above the average natural grade when used as property line boundary. Fences, walls or plantings up to eight feet above average natural grade must conform to stated building and accessory building setback requirements.

2.

Fire escapes, three feet from side lot lines.

3.

Bays and balconies not more than three feet from the building, if these projections are entirely within planes drawn from either main corner of the side wall, making an interior angle of 22½ degrees in the horizontal plane with the side wall. The sum of the lengths of the projections shall not exceed one-third of the length of the wall of the main building.

4.

Chimneys, flues, belt course, leaders, sills, pilasters, and lintels, ornamental features, cornices, eaves, gutters and the like into or over a required side yard not more than 1½ feet.

5.

Terraces, steps, uncovered porches, stoops or similar features not higher than the elevation of the ground story of the building and at least three feet from a side lot line.

(5)

Rear yard exceptions and modifications are allowed as follows:

a.

For buildings no taller than 24 feet, the required rear yard is reduced by three inches from the required least depth for each foot by which a lot which at the time of enactment of these regulations is less than 100 feet deep. This applies only if the owner of record does not own adjoining property to the rear. However, no required rear yard shall be less than ten feet deep.

b.

Rear yards may be measured to the centerline of adjoining alleys, but in no case shall a building or structure be erected within ten feet of an alley.

c.

Projections into rear yards are permitted as follows:

1.

When used as a property boundary, fences, planting or walls not over six feet above the average natural grade.

2.

Fire escapes, six feet.

3.

Bays and balconies, not more than eight feet if these projections are entirely within the planes drawn from either main corner of the rear wall, making an interior angle of 22½ degrees in the horizontal plane with the rear wall. The sum of the length of such projections shall not exceed one-half of the width of the rear wall. Uncovered porches, steps or decks of any depth when no higher above the existing grade than the first floor height of the structure.

4.

Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like into or over a required rear yard not more than 1½ feet.

d.

The required rear yard in the A-1, A-R, R-1, and R-2 are increased based on the lot width, required field sizes and soils as follows:

TABLE 3-1. REAR YARD IN A-1, A-R, R-1, AND R-2

(6)

Traffic visibility across corner lots.

a.

In any district on any corner lot, no solid fence, structure or planting over three feet above the average grade of adjoining roads shall be erected or maintained within 200 feet of the corner so as to interfere with traffic visibility across the corner.

b.

Open fences, such as woven wire, may be allowed to a height of five feet, if the administrator is furnished with a letter of approval from the township road commissioner, the county engineer of the county, or the department of transportation of the state, whichever agency has jurisdiction over the roads in question.

(e)

Setback requirements. No building, structure, concrete or masonry wall, no fence which cannot be viewed through, or other improvement shall be erected or structurally altered so that any part is nearer to the centerline of an adjacent road than the centerline setback in the applicable zoning district.

(f)

Flag lots.

(1)

A flag lot shall not be four times deeper than it is wide, exclusive of the pole of a flag lot.

(2)

The "flagpole" length shall not exceed 500 feet.

(3)

The natural grade of the "flagpole" shall not be so steep as to prevent the construction of a driveway with a grade not exceeding 18 percent.

(4)

No more than two adjacent flag lots shall be created.

(5)

The "flagpole" may alter course or direction if:

a.

The change in direction will not result in confusing the address on the public road with the location of the building site for mail delivery or access by emergency vehicles; and

b.

A driveway can be constructed wholly within the "flagpole" with a turn that does not exceed a 50-foot radius.

(6)

The "flagpole" shall not cross a live stream, ravine, irrigation ditch, or similar topographic feature without provision of an adequate structure or fill and culvert, according to the standards established by the planning commission. The planning commission may waive this requirement where it finds that the proposed development will represent an efficient use of land and will not endanger the public health, safety and welfare.

(7)

No more than one flag lot is permitted to the rear of another parcel or lot which fronts on a county approved road. Both parcels or lots shall meet all applicable requirements of the applicable zoning district.

(8)

A flag lot shall not be created which would create a flagpole that is generally parallel to a public or private road, unless the flagpole is separated from the road by at least 275 feet. This standard may be modified where unique topographic conditions would effectively prevent access from the proposed lots or parcels to the existing private or public road.

(9)

The "flagpole" shall maintain a width of at least 25 feet as minimum access at the point of abutment to a public road and throughout its length.

(g)

Small lots. Refer to section 39-84(d) for development on lots under 33,000 square feet.

(Compiled Ords. 2013, § 19-3.6; Ord. No. 12-2020-19, § 3, 12-22-2020)

Purpose and authority:

(1)

Pursuant to the authority vested in the county board under 70 ILCS 405/22.02a and 55 ILCS 5/5-3001, the county uses a land evaluation and site assessment (LESA) system to evaluate the viability of sites for agricultural uses as an aid in determining the advisability of a requested zoning change or subdivision of land. The two-part LESA system is used in conjunction with the county's land use goals and policies and zoning and subdivision regulations.

(2)

It is the county's policy that prime agricultural soils are an important natural resource of the county and effort shall be made to retain these soils in agricultural production. Prime agricultural soils shall be defined as Class I, II, and III soils.

a.

Applicability.

1.

Generally. The LESA system is used as a factor in approving:

(i)

Proposed subdivisions;

(ii)

Special uses;

(iii)

Land divisions of at least ten acres where frontage variances are required; and

(iv)

Rezonings where the land is presently vacant.

2.

Exemptions. This section does not apply to:

(i)

Parcels of land that are less than ten acres;

(ii)

Parcels within one-eighth of a mile from a municipality having a central sewer and water system, and that are already developed, or in a use other than farming, at the time of application.

3.

One acre is the maximum size of vacant land not covered by LESA.

b.

Land evaluation.

1.

All soils in the county are ranked and grouped into agricultural value groups according to three criteria:

(i)

Land capability classification;

(ii)

Important farmland identification; and

(iii)

Soil productivity.

2.

Each soil group is assigned a relative value with the best group receiving a relative value of 100 and all other groups receiving lower relative values.

3.

The following chart governs the determination of relative values:

TABLE 3-2. LESA LAND EVALUATION FACTORS

c.

Calculating land evaluation values.

1.

Land evaluation values are calculated whenever a petition is filed for a subdivision plat or a map amendment (rezoning).

2.

The calculation is made by using the following steps:

(i)

Outline the tract of land to be subdivided or rezoned on a soils map. Soils maps may be obtained at the county soil survey office or at the county soil and water conservation district office.

(ii)

Determine the acreage of individual soil types within the area of concern by using a planimeter or other appropriate method or by obtaining the acreage from the county soil and water conservation district.

(iii)

Select the appropriate agricultural value group for each soil type.

(iv)

Select the relative value for each corresponding agricultural value group.

(v)

Multiply the number of acres of each soil type by the relative value for each soil type.

(vi)

Total the product (acres × relative value) of each soil type and divide this number by the total number of acres in the area of concern. This figure is the land evaluation value.

3.

The maximum land evaluation value possible for any given parcel of land is 100 points.

d.

Site assessment.

1.

Agricultural land use, site feasibility, service availability, and planning/zoning considerations are taken into account when reviewing the conversion of farmland to other uses. These categories are the site assessment portion of LESA.

2.

The site assessment categories are represented by using the factors listed below and their point values. The point values for each factor are added together to determine an area's site assessment total points. The maximum number of total points is 200.

TABLE 3-3. LESA SITE ASSESSMENT FACTORS

TABLE 3-4. LESA USE COMPATIBILITY CHART

Key:

e.

Decision-making under LESA.

1.

The following steps are used to assess sites where farmland is being proposed for conversion to other uses:

2.

By selecting those sites with the lowest LESA points for conversion, those areas best suited to farmland in agriculturally viable areas will be protected from prematurely losing their importance for food and fiber production.

f.

Rating for agricultural protection. The following LESA total points shall govern an area's rating for agricultural protection:

g.

Administration. The county zoning officer shall conduct the site assessment review and the county soil and water conservation district office shall conduct the land evaluation review.

h.

Appeals and appeals board.

1.

Upon written appeal by an applicant from a LESA decision, made within 30 days from the date of the decision, review shall be made by a LESA appeals board.

2.

The LESA appeals board members shall be recommended for appointment by the county board chairman and approved by the county board. The appeals board shall consist of three members, and will serve staggered terms of three years each. Appeals from decisions of the appeals board shall be governed by the Administrative Review Act, 735 ILCS 5/3-101 et seq.

i.

Modification.

1.

The LESA system is designed to be based upon existing land conditions in the county. The county will periodically review and modify, if necessary, the LESA system to address changing needs and conditions.

2.

Initial review shall occur two years from the system's effective date and subsequent review shall take place at least every five years thereafter.

3.

All changes will be approved by the county board.

(Compiled Ords. 2013, § 19-3.7)

(a)

Applicability. This section applies only to applications for subdivision plat approval.

(b)

Location.

(1)

The accurate location of all permanent reference monuments shall be in accordance with the Land Survey Monuments Act, 765 ILCS 220/0.01 et seq. Any pins disturbed by construction or grading shall be reset.

(2)

Prior to building construction, lot pins based on actual survey shall be set and if disturbed by construction or grading shall be reset in their proper location.

(c)

Public record of land section monuments.

(1)

Whenever a land survey is made in the county, and land section monuments are identified or set (section corner, one-half section corner, one-fourth section corner) this information with adequate tie points shall be given to the county highway and public works department by the land surveyor and certified as part of the plat.

(2)

The county highway and public works department shall maintain a permanent public record of all land section monuments in the county.

(Compiled Ords. 2013, § 19-3.8)

(a)

Applicability. This section applies to all zoning districts.

(b)

Off-street parking areas and loading spaces.

(1)

Loading. This subsection applies to any building (in whole or in part) with a gross floor area of at least 2,500 square feet, which is to be occupied by uses requiring the receipt or distribution by vehicles of materials or merchandise.

(2)

One off-street loading space plus one additional loading space for each 20,000 square feet (or major fraction) of gross floor area.

(3)

The required loading spaces:

a.

Shall be provided and maintained on the same premises with the building;

b.

Shall be accessible from an alley, easement of access, or (when there is no such alley or easement of access) from a street; and

c.

May occupy all or any part of a required rear yard or, with authorization of the zoning hearing officer, part of any other yard or court space on the same premises.

(c)

Parking.

(1)

Generally. In all districts off-street accessory parking areas in the open or in a garage shall be provided in connection with the uses set forth below and to the extent indicated in table 3-5 parking spaces required, in addition to the above loading and unloading spaces.

(2)

Location.

a.

In "R" districts and for dwellings in other districts, required off-street parking shall be on the premises intended to be served.

b.

In "B-1," "B-2," "B-3," "I-1," or "I-2" districts, and in connection with uses other than dwellings, required off-street parking areas shall be on the premises intended to be served or on adjoining or nearby property within 100 feet of any part of the premises and in the same or less restricted district.

(3)

Number of off-street parking spaces required.

a.

The following parking spaces, by use, are required.

b.

If a use is not specifically mentioned below, the provisions for that use are based on a similar use that is mentioned in the following parking schedule. The determination of what constitutes a similar use is made by the administrator as provided in section 39-41 (Use matrix).

c.

The number of required parking spaces for the handicapped will be determined by state capital development board standards.

TABLE 3-5. PARKING SPACES REQUIRED

(d)

Mixed uses. When two or more uses are located on the same zoning lot within the same building, parking spaces equal in number to the sum of the separate requirements for each use shall be provided. No parking space or portion thereof shall serve as a required space for more than one use unless authorized by the zoning hearing officer.

(e)

Units of measurement. The following units of measurement apply:

(1)

Each parking space rectangular in shape shall be at least eight feet wide and 20 feet long, or at least 170 square feet in area exclusive of access drives or aisles.

(2)

Off-street loading spaces size requirements are as follows:

(3)

The term "floor area," in the case of merchandising or service types of uses, means the gross floor area used or intended to be used by tenants, or for service to the public as customers, patrons or clients, but does not include areas used principally for nonpublic purposes, such as toilet or rest rooms, utilities or dressing rooms.

(4)

Hospital bassinets are not counted as beds.

(5)

Benches in places of public assembly, such as in stadiums, sports arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, have each 20 inches of such seating facilities counted as one seat toward the requirements for off-street parking facilities.

(6)

Development standards. Off-street accessory parking areas for commercial and industrial uses shall be of usable shape and shall be improved within one year to a hot mix surface, so graded and drained as to dispose of all surface water accumulation within the area. Any lighting used to illuminate the parking areas shall be arranged to reflect the light away from adjoining premises and away from main traveled ways in any district.

(f)

Exceptions. The zoning hearing officer may authorize on appeal a modification, reduction or waiver of any part of this section if it finds that it is justified by the peculiar nature of the use or other exceptional situation or condition.

(Compiled Ords. 2013, § 19-3.9; Ord. No. 12-2020-19, § 3, 12-22-2020)

(a)

Standard measurement. The following requirements apply when determining sign measurements:

(1)

The total area of all signs permitted on a lot shall include:

a.

The total area of the faces of all permanent exterior signs visible from a public way; plus

b.

The area within the outline enclosing the lettering, modeling or insignia or signs integral with the wall and not designed as a panel.

(2)

A building or use having frontage on a second street may include 20 percent of the length of the lot facing the second street.

(b)

Signs allowed in various districts. Signs will be allowed in the various districts as follows:

(1)

Signs permitted in the "C-1" district are as follows:

a.

Temporary signs, not exceeding two in number per lot and not larger than 12 square feet in size, set back at least 20 feet from any road right-of-way.

b.

Freestanding signs (typically used to indicate a brand of plant being grown, fertilizer being used or seed being sold), not to exceed four square feet in area. These signs may be at the road right-of-way if facing the road. If perpendicular to the right-of-way, the sign must be set back at least 20 feet from the right-of-way.

c.

Signs accessory to roadside stands limited to two signs per stand, no larger than 32 square feet per sign and set back at least ten feet from any road right-of-way.

d.

Highway directional signs and markers, made and installed in accordance with the specifications of the state department of transportation or the county highway and public works department, announcing the location of or directing traffic to given locations. This does not include off-premises business advertising signs.

e.

Signs pertaining to permitted uses. These signs will not exceed 32 square feet in area when placed 20 feet from a road right-of-way or 50 square feet in area when placed flat against the building housing the special use.

f.

Signs not exceeding 20 square feet in area within a permitted recreational use or area of scenic beauty. The sign shall be set back at least 30 feet from any right-of-way and separated by at least 300 feet between any other sign.

(2)

Signs permitted in the "A-1" district are as follows:

a.

Signs as permitted in subsection (b)(1) of this section.

b.

Freestanding signs, not over six square feet in area and set back 20 feet from any road right-of-way or not over 18 square feet and placed within five feet of the structure containing the uses for which the sign is intended, for any permitted principal or accessory uses of a nonresidential nature.

c.

A sign or signs, pertaining to a nonconforming use on a premises, when flat against the building containing that nonconforming use and not exceeding 50 square feet in aggregate.

(3)

Signs permitted in the "R-1" district are as follows:

a.

Signs as permitted in subsection (b)(1) of this section.

b.

One nameplate per dwelling unit not exceeding two square feet.

c.

Signs, not exceeding 40 square feet in area and set back 20 feet from any road right-of-way, at the entrance to a subdivision, not to exceed two signs per subdivision.

(4)

Signs permitted in the "R-2" district are as permitted and regulated in subsection (b)(1) of this section.

(5)

Signs permitted in the "R-3" district are as permitted and regulated in subsection (b)(1) of this section.

(6)

Signs permitted in the "B-1" district are as permitted and regulated in subsection (b)(1) of this section, except:

a.

Freestanding signs up to 50 square feet in area and not located closer than 20 feet from any road right-of-way.

b.

Billboards or signboards not exceeding 700 square feet in area.

(7)

Signs permitted in the "B-2" district are as permitted and regulated in subsection (b)(1) of this section.

(8)

Signs permitted in the "B-3" district are as permitted and regulated in subsection (b)(1) of this section, except: one freestanding sign for each business enterprise on the premises of up to 500 square feet per sign face, not exceeding 50 feet in height from the established grade.

(9)

Signs permitted in the "I-1" district are as permitted and regulated in subsection (b)(1) of this section.

(10)

Signs permitted in the "I-2" district are as permitted and regulated in subsection (b)(1) of this section.

(c)

Sign setbacks. The following setbacks apply to off-premises signs to be located along county highways or township roads only:

(1)

All signs will be located off of the road right-of-way and no part of the sign shall extend closer than 38 feet from the centerline of the road.

(2)

At intersections, a minimum of 50 feet for a sight triangle will be used to determine the setback from the intersection. The triangle will be based on the intersection of right-of-way lines.

(3)

Signs may be single or double faced, with a face no larger than 40 square feet. The bottom of the sign shall be no more than five feet above the existing grade and the top of the sign shall be no more than ten feet above the existing grade.

(4)

All off-premises sign locations shall be approved by the county engineer and, in the case of a township road, by the appropriate township road commissioner.

(d)

Variances. In considering a request for a variance from these regulations concerning signs, the zoning hearing officer or administrator shall consider and make a finding on the following:

(1)

Shape and area of lot in question.

(2)

Bulk and floor area of the main building or structure.

(3)

Setback of proposed sign from all property lines.

(4)

Zoning and use of surrounding parcels.

(5)

Unusual or exceptional topography.

(6)

Compatibility with the general intent of the zoning regulations to encourage development without detracting from the use and enjoyment of surrounding property.

(Compiled Ords. 2013, § 19-3.10; Ord. No. 12-2020-19, § 3, 12-22-2020)

(a)

Every subdivision shall provide a surface stormwater drainage system in coordination with the requirements of the county stormwater management regulations (chapter 16, article IV).

(b)

In addition to the requirements of chapter 16, article I, all subdivisions located in whole or in part in a designated flood hazard area shall provide that:

(1)

They are designed so that, where possible, each proposed lot contains a building envelope which is located entirely outside of the flood hazard area.

(2)

They are designed to minimize flood damage to the proposed subdivision or development site as well as to other properties in the same watershed.

(3)

Where and when possible, all public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located, elevated and constructed to minimize or eliminate flood damage in accordance with the standards and intent of chapter 16.

(Compiled Ords. 2013, § 19-3.11)

(a)

Applicability. This section applies only to applications for subdivision plat approval.

(b)

Street and block layout.

(1)

The street layout of the subdivision shall accommodate the most advantageous development of adjoining and nearby areas.

(2)

Where appropriate to the design, proposed streets shall be continuous and in alignment with existing, planned or platted streets with which they are to connect.

(3)

Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless:

a.

Prevented by topography or other physical conditions; or

b.

The zoning hearing officer finds that the extension is not necessary or desirable to coordinate the subdivision's layout with existing layouts or the most advantageous future development of adjacent tracts.

(4)

The zoning hearing officer may approve cul-de-sacs of reasonable length where topography necessitates or where they are appropriate for the type of development contemplated.

(5)

Proposed streets shall intersect one another as nearly at right angles as topography and other limiting factors of good design permit.

(6)

If there is a dedicated or platted and recorded half-width street or alley adjoining the tract to be subdivided, the applicant may:

a.

Plat the other half-width of the street or alley; or

b.

Submit a traffic impact analysis that documents the traffic that the subdivision will generate, trip distribution, and the applicant's share of off-site dedications and improvements. The zoning hearing officer shall consider the traffic impact study and any comments by the county engineer, and require improvements that are proportionate to the proposed subdivision's impacts.

(c)

Street design.

(1)

Generally.

a.

Township roads. See individual township requirements as found in the Township Road Requirements Handbook, which is incorporated by this reference. A copy of the appropriate township page will be provided to the developer and/or his agent at the sketch plan review.

b.

Adoption of state design manual. There is hereby adopted a manual entitled State of Illinois, Department of Transportation, Bureau of Local Roads and Streets, Administrative Policies, as revised.

c.

Adoption of state standard specifications. Material specifications shall be those included in the State of Illinois Standard Specifications for Road and Bridge Construction, as revised.

(2)

Rights-of-way.

a.

The street right-of-way in subdivisions shall be 66 feet.

b.

Service roads or streets with curb and gutter may be permitted on a 50 foot right-of-way.

(3)

Grading and surfacing.

a.

Streets shall be graded to full right-of-way width.

b.

Surfacing shall be, at a minimum, an A3 type surface and in accordance with the specifications and meeting the approval of the county engineer.

c.

Sidewalks, if required, shall be constructed of Portland cement concrete four inches in thickness, and not less than four feet in width.

(4)

Minimum pavement widths. The portion of the pavement required to be installed at the subdivider's expense shall be as follows:

a.

Pavement width shall be 24 feet.

b.

Overall pavement widths shall be as designated by the transportation plan. The differences, if any, between the cost of the portion to be provided at the expense of the subdivider and that of the total width designated by the transportation plan shall be borne by the appropriate governmental body, unless the zoning hearing officer determines that the greater width will benefit the subdivider in proportion to its cost.

(5)

Street grades, curves and sight distances.

a.

Street grades shall be at least 0.5 percent and no more than eight percent.

b.

All changes in street grades above one percent shall be connected by vertical curves which meet the standards set forth in the state department of transportation, bureau of local roads and streets, administration policies.

c.

The radii of curvature on the center line of residential streets shall not be less than 150 feet.

(6)

Intersections.

a.

Curb or pavement returns at street intersections shall be rounded by radii of at least 25 feet.

b.

Streets shall intersect as close to a 90 degree angle as possible.

c.

Minimum radii of curb or pavement returns shall increase where the angle of intersection is less than 90 degrees.

d.

Streets shall not intersect at less than a 60 degree angle.

(d)

Alleys.

(1)

Alleys, if platted, shall be:

a.

In the rear of all lots to be used for business; and

b.

In the rear of residential lots fronting on primary thoroughfares (unless service roads are provided in front) as a means of safe access to the lots.

(2)

Alleys shall be paved to a width of 16 feet.

(3)

Alleys shall be graded to the full width of the right-of-way.

(4)

Alley easements shall be at least 40 feet in width.

(5)

Alleys shall have a satisfactory all-weather surface.

(e)

Cul-de-sacs and dead-end streets.

(1)

Cul-de-sacs shall not exceed 1,500 feet in length measured along the center line from the centerline intersection at origin through the end of the circle at the end of the right-of-way.

(2)

Dead-end streets shall terminate in a circular turn-around having a minimum outside diameter of 90 feet. The paved portion of the circular turn-around shall have a minimum 45-foot radius unless the city engineer or zoning hearing officer determines that a larger radius is required to address unique topography or safety considerations.

(Compiled Ords. 2013, § 19-3.12; Ord. No. 12-2020-19, § 3, 12-22-2020)

(a)

Applicability. This section applies only to applications for subdivision plat approval.

(b)

Minimum rights-of-way and utility easements.

(1)

Easements for utilities, where required, should be at least ten feet wide centered on rear or side lot lines.

(2)

Other right-of-way requirements are found in sections 39-82, 39-83 and 39-84.

(c)

Utility placement. Poles or underground conduits for electric lights, telephone lines or other utilities shall be placed in easements provided along rear or side lot lines, wherever this is practicable.

(Compiled Ords. 2013, § 19-3.13)

(a)

Sanitary sewage.

(1)

Every subdivision shall provide for the satisfactory disposal of sanitary sewage.

(2)

Where a public sanitary sewer main is accessible, the subdivision shall provide a complete sanitary sewer system connected with the sewer main, including a service connection to within one foot of a lot line of each lot. The system shall be approved by the state environmental protection agency.

(3)

Where a public sanitary sewer main is not reasonably accessible:

a.

Proper provisions shall be made for the disposal of sanitary waste subject to approval of the county health department. The subdivider shall ascertain the feasibility of any proposed individual systems. Subdivision plat or zoning approval does not constitute approval of any individual systems.

b.

If individual disposal systems are provided, they shall be located on each lot.

c.

The soil types, surface drainage and topography shall be the criteria for determining whether or not the installation of individual, on-site sewage disposal systems are feasible.

d.

Unless otherwise approved by the county health department, individual disposal systems shall be located outside of areas subject to ponding such as floodplains, drainage ways, or depressions.

(b)

Backfilling of trenches. Wherever excavations for storm sewer, sanitary sewer, and/or water mains and appurtenances lie beneath existing or proposed pavement, sidewalk, or drive areas, the excavation shall be back filled by a method and with trench fill of a type approved by the county engineer.

(c)

Well and septic permit requirements. Prior to obtaining a zoning certificate, the applicant shall obtain any required well and/or septic permits from the county health department.

(d)

New buildings on small lots.

(1)

For purposes of this section, small lots include any lot with less than 33,000 square feet of land. New buildings include any proposed structure over 200 square feet in floor area.

(2)

An application for a new building (on either a vacant or already developed small lot) shall be taken to the environmental health office of the county health department for review and sign-off. The applicant shall provide the health department with a drawing of the lot showing:

a.

The location of any existing structures on the lot marked with an "X."

b.

The location of any existing well marked "W."

c.

The location of any existing septic field surrounded by a dashed line.

d.

The proposed location of the new buildings marked with a "P."

(3)

The health department's environmental health office will review the application in terms of the availability of sufficient space for a septic field and a backup septic field. This may require the health department to do a site feasibility study.

(4)

Possible actions by the health department can include:

a.

Determine that the lot is sufficient to accommodate the proposed structure and still allow for a backup septic field area on the lot.

b.

Determine that the lot cannot accommodate the proposed structure at its requested size but a smaller structure would be allowed.

c.

Determine that the lot is developed to its fullest extent and no further development can take place without jeopardizing future health concerns for the occupants of the lot.

(5)

Based on the recommendations of the health department, the administrator will either approve the application as submitted, approve the application if amended or not approve any further development on the lot for health reasons.

(6)

All final, joint administrative decisions of the director of environmental health and the administrator, under this section, are subject to judicial review.

(e)

Sanitation plans. Where required (see section 39-388), sanitation plans shall include the following information and requirements:

(1)

Proposed well locations for each lot in the subdivision with the following restrictions:

a.

In category 1 soils (see subsection (f) of this section), wells will be located at least 100 feet from any sewage absorption areas;

b.

In category 2, 3 and 4 soils (see subsection (f) of this section), wells will be located at least 75 feet from any sewage absorption areas;

c.

All wells shall be constructed with state approved pit adaptors/units and a minimum of 40 feet of casing which shall be noted in the subdivision covenants.

(2)

Proposed sewage absorption area for each lot with the following restrictions:

a.

Where there is a community water source, there shall be a minimum of 25 feet between the sewage absorption areas and any water distribution lines;

b.

Sewage absorption areas will not be located in any fill/altered areas.

(3)

On-site sewage absorption areas will be reserved for the original and future expansion of sewage absorption fields only and will be maintained free of encroachment by driveways, accessory buildings, swimming pools, parking areas, buried lawn sprinkler systems, underground utility services, patios, slabs and additions to the original structures.

(4)

The buildable area for each lot as determined by the zoning district requirements.

(5)

Locations of all borings and observation pits used by the soil classifier:

a.

There will be a minimum of three borings or two observation pits per each sewage absorption area;

b.

The borings or pits shall be at least 50 feet apart;

c.

The borings or pits shall be to a minimum depth of 60 inches.

(6)

The results of each investigation shall be submitted as an addendum to the sanitation plan and shall include:

a.

Boring or pit number.

b.

Sample method.

c.

Seasonal water table.

d.

Permanent water table.

e.

Observed water table.

f.

USDA soil textural changes.

g.

USDA soil structural changes.

h.

Slope.

i.

Compaction and depth.

j.

Soil coloration.

k.

Depth of limiting layer.

l.

Depth of soil mottling.

m.

Internal drainage classification.

n.

Permeability range (inches/hour).

o.

Depth to bedrock.

p.

Presence/depth of glacial till. Glacial till, shallower than 60 inches below grade, shall not be present in the on-site sewage absorption area.

(7)

Where results of the soil investigation deviate from the soil maps found in the soil survey of the county the soil classifier must clearly delineate the boundaries between soil types during the preliminary plat phase.

(8)

Where any sewage absorption areas are proposed to be located on severe slopes, an installation feasibility report will be required by the health department. The feasibility report will:

a.

Be prepared by a professional engineer;

b.

Include system design choices available (in accordance with the Illinois Department of Public Health Private Sewage Disposal Licensing Act and Code) to overcome potential slope limitations; and

c.

Be added as an addendum to the soil investigation report and all affected lots in the subdivision will be indicated on the sanitation plan.

(f)

Minimum lot size/absorption area size by soil types. Soil categories: the county has a variety of soil types, requiring a variety of on-site sewage disposal strategies and applications. However, many soil types share similar characteristics that influence on-site sewage disposal design. Therefore, in order to ensure consistency in subdivision development in the county, the county health department has grouped every known soil type, identified in the 1995 USDA Soil Survey of the county, into soil categories and has assigned to each category a minimum lot size and minimum on-site, sewage absorption area. These soil categories and their related minimum lot sizes/on-site sewage absorption areas follow:

(1)

Category 1 (moderately rapid to rapid permeability). Minimum lot size: 33,000 square feet. Minimum absorption area: 6,500 square feet.*

* Based on an application rate of 0.84 and a loading rate of 1600 gallons; 2) four bedroom units.

(2)

Category 2 (moderate permeability). Minimum lot size: 33,000 square feet. Minimum absorption area: 10,500 square feet.**

** Based on an application rate of 0.52 and a loading rate of 1600 gallons; 2) four bedroom units.

(3)

Category 3: (moderate wetness or slow perc).

a.

Minimum lot size: 50,000 square feet. Minimum absorption area: must be equal to or greater than (1600 gallons divided by the application rate assigned by an engineer or classifier) × 3.33.

b.

Code 1 = moderate wetness; Code 2 = slow permeability.

(4)

Category 4: (severe wetness, flooding, thin layer and fill/altered soil).

a.

Minimum lot size: 50,000 square feet. Minimum absorption area: to be determined.

Due to the severity and diversity of limiting factors, minimum lot size and minimum absorption area will be determined by the health department on a lot by lot basis. Non-traditional, on-site sewage disposal designs, approved by a professional engineer, will be required for Code 4 lots. Code 4 lots shall also be identified on the recorded plat and the need for an engineered design shall be a part of the covenants. It should further be noted that developments in category 4 soils will most likely incur inordinately high development costs.

b.

Code 3=severe wetness; Code 4=occasional to frequent flooding; Code 5=fill/altered; Code 6=thin layer.

(Compiled Ords. 2013, § 19-3.14)