The official name of this chapter (Chapter 155) is the "Zoning Ordinance of Will County, Illinois." For convenience, it is referred to throughout Chapter 155 as the "zoning ordinance."

(Ord. effective 10-1-2012)

   The provisions of this zoning ordinance become effective on and compliance with its provisions becomes mandatory beginning October 1, 2012, unless otherwise expressly stated in a specific provision of the zoning ordinance.

(Ord. effective 10-1-2012)

   This zoning ordinance is adopted pursuant to the powers granted and limitations imposed by Illinois law, including ILCS Ch. 55, Act 5, §§ 5-12001 et seq.

(Ord. effective 10-1-2012)

   (A)   The regulations of this zoning ordinance apply to all development, public or private, within unincorporated Will County, except as provided by state or federal law or otherwise expressly stated in this zoning ordinance.

   (B)   Areas within the incorporated limits of cities, villages, and towns that have zoning ordinances in effect are excluded from the jurisdiction of this zoning ordinance. Areas within the incorporated limits of cities and towns that do not have zoning ordinances in effect are subject to the provisions of this zoning ordinance.

(Ord. effective 10-1-2012)

   (A)   Agricultural exemptions.

      (1)   The provisions of this zoning ordinance may not be exercised to impose regulations or required zoning permits with respect to land used for agricultural purposes or with respect to the erection, maintenance, repair, alteration, remodeling, or extension of buildings or structures used for agricultural purposes upon such land, except as provided in ILCS Ch. 55, Ch. 5, §§ 5-12001 et seq. In the event that land ceases to be used solely for agricultural purposes, then and only then do the provisions of this zoning ordinance apply.

      (2)   The agricultural zoning exemption stated in division (A)(1) of this section does not exempt agricultural uses, buildings and structures from complying with the Water Resource Ordinance or from obtaining building permits and complying with applicable building ordinances.

      (3)   A residence in connection with an agricultural use and the residence's water supply and sewage disposal facilities are not exempt and are subject to the regulations of this zoning ordinance.

   (B)   Public utility exemptions. The provisions of this zoning ordinance may not be exercised to impose regulations on any of the following:

      (1)   The type or location of any underground installations, poles, towers, wires, cables, conduits, vaults, laterals or other similar distributing equipment of a public utility as defined in the Public Utilities Act, if the public utility is subject to the Messages Tax Act, the Gas Revenue Tax Act or the Public Utilities Revenue Act, or if such facilities or equipment are located in any rights-of-way and are used for railroad purposes; or

      (2)   Uses, buildings, or structures of a public utility as defined in the Public Utilities Act.

(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)

   This zoning ordinance is adopted for the purposes of:

   (A)   Helping implement the Land Resource Management Plan.

   (B)   Accommodating and promoting sustainable building and development practices.

   (C)   Protecting the public health, safety and general welfare of present and future inhabitants of Will County, by:

      (1)   Requiring adherence to land use patterns that have been deemed to provide development in the best interest of the entire county as indicated, explained, and substantiated in the official plans of Will County;

      (2)   Protecting ground water supplies by controlling inappropriate land uses where soils and geological characteristics present the possibility of diminishing supplies or contamination by pollutants;

      (3)   Requiring provisions of adequate open space for sunlight, clean air, privacy, noise abatement, recreation, pedestrian circulation, and safe sight distances for operation of motor vehicles;

      (4)   Requiring provisions for safe and adequate circulation of motor vehicles, bicyclists, and pedestrians;

      (5)   Requiring provisions for adequate water supply and sewage disposal;

      (6)   Requiring provisions that promote adequate police and fire protection;

      (7)   Providing for the opportunity to create a variety of housing opportunities and life styles, employment, industrial, and commercial enterprises;

      (8)   Prohibiting the intrusion of incompatible uses into residential, commercial, industrial, agricultural, recreational, and other necessary natural and man-made areas;

      (9)   Requiring provisions for adequate and essential facilities, services, and utilities;

      (10)   Requiring the provisions of adequate control, operation, and maintenance of facilities necessary for public use; and

      (11)   Providing for the maintenance of a viable agricultural base, including supporting businesses and services.

   (D)   Conserving property values throughout Will County by:

      (1)   Prohibiting the intrusion of incompatible uses into residential, commercial, industrial, agricultural, recreational, and natural resource and other necessary natural and man-made areas;

      (2)   Requiring provisions of adequate open space for sunlight, clean air, privacy, noise abatement, recreation, pedestrian circulation, and safe sight distances for operation of motor vehicles;

      (3)   Requiring provisions for coordinated, adjusted, and harmonious development; and

      (4)   Requiring provisions for promoting adherence to land use patterns that have been deemed to provide development to the best interest of the entire county.

   (E)   Lessening or avoiding congestion in the public streets and highways of Will County, by:

      (1)   Requiring provisions for safe and adequate circulation of motor vehicles, bicyclists, and pedestrians;

      (2)   Requiring provisions for adequate open space for safe sight distances for operation of motor vehicles; and

      (3)   Requiring provisions for coordinated, adjusted, and harmonious development.

   (F)   Lessening or avoiding the hazards to persons and damage to property resulting from the accumulation of runoff of storm or flood water within Will County, by:

      (1)   Requiring provisions for controlling development within floodplain; and

      (2)   Requiring provisions for sediment and erosion control.

(Ord. effective 10-1-2012)

   (A)   The provisions of this zoning ordinance are the minimum requirements deemed necessary to carry out the zoning ordinance's stated purpose and intent.

   (B)   In addition to the requirements of this zoning ordinance, all uses and development must comply with all other applicable county, state and federal regulations.

   (C)   All references in the zoning ordinance to other county, state, or federal regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply any responsibility for the county to enforce state or federal regulations.

(Ord. effective 10-1-2012)

   Except as otherwise expressly provided in this zoning ordinance:

   (A)   A building or structure may not be erected, moved, reconstructed, extended or structurally altered for any purpose other than one that is allowed in the subject zoning district.

   (B)   Land may not be used for any purpose other than one that is allowed in the subject zoning district.

   (C)   Buildings, structures and land may be used and arranged only in compliance with the requirements specified in this zoning ordinance.

(Ord. effective 10-1-2012)

   (A)   Conflict with state or federal regulations. If the provisions of this zoning ordinance are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent allowed by law. The more restrictive provision is the one that imposes more stringent controls.

   (B)   Conflict with other county regulations. If the provisions of this zoning ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the county, the more restrictive provision will control unless otherwise expressly stated. The more restrictive provision is the one that imposes more stringent controls.

   (C)   Conflict with private agreements and covenants. This zoning ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this zoning ordinance impose a greater restriction than imposed by a private agreement or covenant, the provisions of this zoning ordinance control.

(Ord. effective 10-1-2012)

   (A)   Meanings and intent. The language of the zoning ordinance must be read literally. Regulations are no more or less strict than stated. Words and terms expressly defined in this zoning ordinance (see, for example, Article 155-8 and § 155-18.20) have the specific meanings assigned, unless the context expressly indicates another meaning. Words that are not expressly defined in this ordinance have their common dictionary meaning.

   (B)   Computation of time.

      (1)   References to "days" are to calendar days unless otherwise expressly stated. References to "business days" are references to regular county government working days, excluding Saturdays, Sundays and holidays observed by county government.

      (2)   The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, or holiday observed by county government, that day is excluded.

      (3)   A day concludes at the close of business, and any materials received after that time will be considered to have been received the following day.

   (C)   Tenses and usage.

      (1)   Words used in the singular include the plural. The reverse is also true.

      (2)   Words used in the present tense include the future tense. The reverse is also true.

      (3)   The words "must," "will," "shall" and "may not" are mandatory.

      (4)   The word "may" is permissive, and "should" is advisory, not mandatory or required.

      (5)   When used with numbers, "up to x," "not more than x" and "a maximum of x" all include "x."

   (D)   Conjunctions. Unless the context otherwise clearly indicates, conjunctions have the following meanings:

      (1)   "And" indicates that all connected items or provisions apply; and

      (2)   "Or" indicates that the connected items or provisions may apply singularly or in combination.

   (E)   Headings and illustrations. Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this zoning ordinance. In case of any difference of meaning or implication between the text of this zoning ordinance and any heading, drawing, table, figure, or illustration, the text controls.

   (F)   Current versions and citations. All references to other county, state, or federal regulations in the zoning ordinance refer to the most current version and citation for those regulations, unless expressly indicated otherwise. When the referenced regulations have been repealed and not replaced by other regulations, zoning ordinance requirements for compliance are no longer in effect.

   (G)   Lists and examples. Unless otherwise expressly indicated, lists of items or examples that use "including," "such as," or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.

   (H)   Delegation of authority. Whenever a provision appears requiring the head of a department or another officer or employee of the county to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this zoning ordinance expressly prohibit such a delegation.

   (I)   Public officials and agencies. All employees, public officials, bodies and agencies to which references are made are those of the Will County unless otherwise expressly stated.

(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)

   (A)   Establishment. The location and boundaries of the zoning districts established by this zoning ordinance are shown on a geographic coverage layer entitled "zoning" that is maintained as part of the county's geographic information system (GIS) under the direction of the Zoning Administrator. This "zoning" geographic coverage layer constitutes Will County's official zoning map. The official zoning map—together with all notations, references, data and other information shown on the map—is adopted and incorporated into this zoning ordinance. It is as much a part of this zoning ordinance as if actually depicted within its pages.

   (B)   Maintenance and updates. The Zoning Administrator is responsible for directing revisions to the official zoning map to reflect its amendment as soon as possible after the effective date of zoning map amendments (rezonings). No unauthorized person may alter or modify the official zoning map. The Zoning Administrator may authorize printed copies of the official zoning map to be produced and maintain digital or printed copies of superseded versions of the official zoning map for historical reference.

   (C)   District boundaries. When the zoning map shows a zoning district boundary as following a particular feature, or reflects a clear intent that the boundary follows the feature, the boundary will be construed as following that feature as it actually exists.

   (D)   Map interpretations. Where any uncertainty exists about a zoning boundary, the actual location of the boundary will be determined by the Zoning Administrator using the following rules of interpretation.

      (1)   A boundary shown on the zoning map as approximately following a river, stream, lake or other watercourse will be construed as following the actual centerline of the watercourse. If, subsequent to the establishment of the boundary, the centerline of the watercourse should move as a result of natural processes (flooding, erosion, sedimentation, etc.), the boundary will be construed as moving with the centerline of the watercourse.

      (2)   A boundary shown on the zoning map as approximately following a ridge line or topographic contour line will be construed as following the actual ridge line or contour line. If, subsequent to the establishment of the boundary, the ridge line or contour line should move as a result of natural processes (erosion, slippage, subsidence, etc.), the boundary will be construed as moving with the ridge line or contour line.

      (3)   A boundary shown on the zoning map as approximately following lot lines or other parcel boundaries assigned by the Will County Supervisor of Assessments will be construed as following such lot lines or parcel boundaries.

      (4)   A boundary shown on the zoning map as approximately following a street or railroad line will be construed as following the centerline of the street or railroad right-of-way.

      (5)   A boundary shown on the zoning map as approximately following the boundary of an adjacent municipality will be construed as following that boundary.

      (6)   A boundary shown on the zoning map as approximately parallel to, or as an apparent extension of, a feature described above will be construed as being actually parallel to, or an extension of, the feature.

      (7)   Zoning boundaries that do not coincide with a property line, parcel boundary, landmark or particular feature will be determined with a scale.

      (8)   It is the intent that the entire unincorporated area of the county, including all land and water areas, rivers, streets, alleys, railroads, and other right-of-ways, be included in the districts established by this zoning ordinance. If any area is not shown on the zoning map as being included in a zoning district, it will be deemed to be classified in the E-1 district until otherwise reclassified by a zoning map amendment in accordance with § 155-16.30.

   (E)   Split-zoned lots.

      (1)   The zoning map may not be amended to classify a single lot into two or more base zoning districts.

      (2)   The split zoning of any newly created lot (into more than one base zoning district classification) is prohibited.

      (3)   When an existing lot is classified in two or more base zoning classifications the following rules apply, at the owner's option:

         (a)   Each of the separate zoned areas on the lot may be treated as a separate zoning lot and developed in accordance with the zoning district regulations that apply to each respective area;

         (b)   The more restrictive provisions of the subject zoning districts, including but not limited to, use, parking, signs, setbacks, height and other lot and building regulations, may be applied to the entire lot; or

         (c)   When one zoning district applies to at least 75% of the total lot area and the other zoning district occupies no more than 5,000 square feet of the total lot area, the regulations of the zoning district occupying the larger portion of the lot may be applied to the entire zoning lot.

      (4)   Building setbacks do not apply along base zoning district boundary lines that split a lot under single ownership.

(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)

   The provisions of this section address the transition from the previous zoning ordinance (the one in effect before the effective date specified in § 155-1.20) to this zoning ordinance.

   (A)   Applications, permits and approvals.

      (1)   Any building, development or structure for which a building permit was issued or a complete permit application had been accepted for processing before October 1, 2012 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not fully comply with provisions of this zoning ordinance. If building is not commenced and completed within the time allowed under the original building permit, then the building, development or structure may be constructed, completed and occupied only if it complies with the standards of this zoning ordinance.

      (2)   Applications for special use permits, temporary use permits, variances or other zoning approvals that were submitted in complete form and are pending approval on the effective date specified in § 155-1.20 must be reviewed wholly under the terms of the zoning ordinance in effect immediately before the effective date specified in § 155-1.20. Building permits for construction and development approved under such zoning approvals may be issued in accordance with division (A)(3) of this section.

      (3)   Building permits may be issued for construction or development approved under division (A)(2) of this section, even if such building, development or structure does not fully comply with provisions of this zoning ordinance. If building is not commenced and completed within the time allowed under the building permit, then the building, development or structure may be constructed, completed and occupied only if it complies with the standards of this zoning ordinance.

      (4)   When a use classified as a special use under this zoning ordinance exists as a special use, permitted use, nonconforming use or a lawful use by court decree on the effective date specified in § 155-1.20, such use will be considered a lawfully established special use under this zoning ordinance. When any amendment to this zoning ordinance changes the classification of a permitted use to a special use, any use lawfully established before such amendment will be considered a lawfully established special use after the effective date of such amendment. A lawfully established existing use that is not allowed as a special use or permitted use in the district in which the use is now located will be considered a nonconforming use and will be subject to all applicable regulations of Article 155-15.

   (B)   Violations continue.

      (1)   Any violation of the previous zoning ordinance will continue to be a violation under this zoning ordinance and be subject to penalties and enforcement under § 155-17.20.

      (2)   If the use, development, construction or other activity that was a violation under the previous ordinance complies with the regulations of this zoning ordinance, enforcement action will cease, except for collecting penalties for violations that occurred before the effective date specified in § 155-1.20.

      (3)   The adoption of this zoning ordinance does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous ordinance that occurred before the effective date specified in § 155-1.20.

   (C)   Nonconformities.

      (1)   Any nonconformity under the previous zoning ordinance will also be nonconformity under this zoning ordinance, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist.

      (2)   If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this zoning ordinance, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.

      (3)   A situation that did not constitute a (lawful) nonconforming situation under the previously adopted zoning ordinance does not achieve (lawful) nonconforming status under this zoning ordinance merely by repeal of the previous zoning ordinance.

(Ord. effective 10-1-2012)

   Any additions to the unincorporated area of Will County resulting from disconnection by municipalities or dissolution of a municipality will be deemed to be classified in the E-1 district until otherwise reclassified by a zoning map amendment in accordance with § 155-16.30.

   (A)   Severability. If any portion of this zoning ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is to be deemed severed from the zoning ordinance and in no way affects the validity of the remainder of the zoning ordinance.

(Ord. effective 10-1-2012)