These regulations apply to every subdivision
(as defined herein) occurring inside the corporate limits of the City
of Lexington, Illinois or occurring in the unincorporated areas within
1 1/2 miles from the City's corporate limits, as those limits
exist at the time the subdivision occurs.
A.
It is hereby declared to be the policy of the City
to consider subdivisions and planned unit developments and the subsequent
development thereof as subject to the control of the City pursuant
to the City of Lexington Comprehensive Plan for the orderly, planned,
efficient, and economical development of the City.
B.
Land to be subdivided or developed as a planned unit
development shall be of such character that it can be used safely
for building purposes without danger to health or peril from fire,
flood, or other menace, and land should not be subdivided or developed
as a planned unit development until available public facilities and
improvements exist and proper provision has been made for drainage,
water, sewerage, and capital improvements such as schools, parks,
recreation facilities and improvements.
C.
The existing and proposed public improvements should
conform to and be properly related to the proposals shown on the Comprehensive
Plan and Official Comprehensive Map, and the capital improvements
program of the City, and it is intended that this chapter shall supplement
and facilitate the enforcement of the provisions and standards contained
in the City of Lexington Comprehensive Plan and the capital improvements
program of the City.
Because every subdivision of land within the
jurisdiction of these regulations is or may become a part of the City
of Lexington and because each has or may have an impact on services
provided by the City, as well as on services provided by other governmental
units serving the community, this chapter is adopted for the following
purposes:
A.
To protect, provide and promote the public health,
safety and general welfare of the City.
B.
To guide the future growth and development of the
City, in accordance with the City of Lexington Comprehensive Plan.
C.
To provide for adequate light, air and privacy, to
secure safety from fire, flood, and other danger, and to prevent overcrowding
of the land and undue congestion of population.
D.
To protect the character and the social and economic
stability of all parts of the City and to encourage the orderly and
harmonious development of all parts of the community.
E.
To protect and conserve the value of land throughout
the City and the value of buildings and improvements upon the land,
and to minimize the conflicts among the uses of land and buildings.
F.
To guide public and private policy and action in order
to secure a uniform system of utilities and services, including adequate
and efficient transportation, water, sewerage, schools, parks, playgrounds,
recreation and other public requirements and facilities.
G.
To provide the most beneficial relationship between
the uses of land and buildings and the circulation of traffic throughout
the City, having particular regard to the avoidance of congestion
in the streets and highways, and the pedestrian traffic movements
appropriate to the various uses of land and buildings, and to provide
for the proper location and width of streets and building setback
lines.
H.
To establish reasonable standards of design and procedures
for subdivisions and resubdivisions, in order to further the orderly
layout and use of land, and to ensure proper legal descriptions and
monumenting of subdivided land.
I.
To ensure that public facilities are available and
will have a sufficient capacity to serve the proposed subdivision
and areas reasonably anticipated to be served by such facilities.
J.
To prevent the pollution of air, streams, and ponds;
to assure the adequacy of drainage facilities; to safeguard the water
table; and to encourage the wise use and management of natural resources
throughout the City in order to preserve the integrity, stability
and beauty of the community and the value of the land.
K.
To preserve the natural beauty and topography of the
City and to ensure appropriate development with regard to these natural
features.
See Article V of this chapter for the intent of planned unit development.
The language set forth in this chapter shall
be interpreted in accordance with the following rules of construction,
unless the context clearly requires a different construction:
A.
The singular includes the plural and the plural the
singular.
B.
The present tense includes the past and future and
the future includes the present.
C.
The word "shall" is mandatory, while the word "may"
is permissive, and "should" is strongly recommended, but not mandatory.
D.
Terms connoting a particular gender include each and
every other gender.
E.
Whenever a word or term defined hereinafter appears
in the text of this chapter, its meaning shall be construed as set
forth in the definition thereof, and any word appearing in the parenthesis
between a word and its definition shall be construed in the same sense
as that word.
F.
All words and terms not defined herein shall be construed
in their generally accepted meanings.
The following words and terms, whenever they
occur in this chapter, shall be interpreted as herein defined.
Having one or more common boundary lines or district lines.
A public right-of-way which is less than 30 feet wide and
affords a secondary means of access to abutting property. Frontage
on an alley shall not be construed as satisfying the requirements
related to frontage on a public street.
The story of a building which is partly below and partly
above grade, and having at least 1/2 its height above grade. (See
"grade" and "story.")
A tract of land bounded by streets, or by a street or streets
and any combination of boundary lines of public or institutionally
owned lands, railroad rights-of-way, rivers and lakes and/or other
lines of demarcation. A block may be located in part within an incorporated
city or city.
Any structure used or intended for supporting or sheltering
any use or occupancy.[1]
A line within a lot, or other parcel of land, so designated on the preliminary plan and final plat, which denotes the area between such line and the adjacent street right-of-way line where an enclosed building and other obstructions are prohibited, except those permitted obstructions as regulated by Chapter 300, Zoning.
The City of Lexington, Illinois.
The City Clerk of Lexington, Illinois, or the duly authorized
representative.
The Mayor and Aldermen of Lexington, Illinois.
The individual and/or consulting engineering firm for the
City of Lexington, Illinois or his/her or its duly authorized representative.
The composite of the functional and geographic elements of
the Comprehensive Plan of the City of Lexington, or any segment thereof
in the form of plans, maps, charts, textual materials and the official
map, as adopted by the Planning Commission.
The Code Compliance Officer of Lexington, Illinois, or his
duly authorized representative.[2]
A tile system serving individual lots for the purpose of
receiving water discharged from sources such as footing tiles and
water softeners.
See "street, collector."[3]
A buried pipe for the installation of wires or cables or
the conveyance of gas, water, stormwater or wastewater.
An individual, company, firm or other party or organization
who or which contracts to physically construct all or portion of a
project for either a developer or the City.
Bedding placed under and around a conduit for proper support.
The degree of inclination measured across pavements rather
than longitudinally.
A local street with only one outlet.
Transfer of ownership of right-of-way.
The individual responsible for the design and preparation
of plans, specifications and contract documents. This individual must
be a licensed professional engineer in Illinois.
See "owner."
Both the act of changing and the state of a tract of land
after its function has been purposefully changed by man, including,
but not limited to, construction of structures on the land, and alterations
to the land, except grading that does not alter the natural flow of
stormwater.
A portion of a right-of-way or easement used or intended
principally for stormwater, surface water or groundwater drainage
which meets or exceeds the design and/or construction standards for
public drainageways.
A portion of land used or intended principally for stormwater,
surface water or groundwater drainage which does not meet or exceed
the design and/or construction standards for public drainageways.
A private access way for motor vehicles between a public
or private street and one or more structures or off-street parking
areas.
A lot which has a pair of opposite lot lines along two substantially
parallel streets.
A building designed or used principally for residential occupancy,
including, without limitation, single-family dwellings, two-family
dwellings and multiple-family dwellings.
A quantity of land set aside in which a liberty, privilege,
or advantage in land, without profit, is dedicated and is distinct
from fee ownership of the land, is granted either to the public, a
particular person, a utility company or a combination thereof.
A licensed professional engineer licensed by the State of
Illinois.
A deposit in cash or other approved securities to assure
the completion of improvements within a subdivision or planned unit
development.
Any act by which organic matter, earth, sand, gravel, rock,
or any other similar material is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed and shall include the conditions
resulting therefrom.
An individual, company or firm appointed by the City Engineer
to inspect construction to ensure compliance with approved plans and
specifications.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported
or moved by humans to a new location and shall include the conditions
resulting therefrom.
A final plan that is required to be submitted to the City Clerk as specified in the planned unit development regulations, Article V of this chapter.
The vertical location of the ground or pavement surface after
the grading work is completed in accordance with the approved engineering
plans.
A map or plan of a subdivision and any accompanying material
as described hereafter.
A tabulation of deficiencies requiring corrective action
prior to final acceptance of a project.
A general or temporary condition of inundation of normally
dry land areas from the overflow, the unusual and rapid accumulation
or the runoff of surface waters from any source.
A designed strip or piece of land which will receive the
excess surface runoff not accommodated by storm sewer or other drainage
facilities.
The measure of lineal contiguity between a lot or portion
thereof and another lot, public street, alley or public way.
A local street which is parallel to and either contiguous
to, adjacent to, or within the right-of-way of an arterial street.
A computer system maintained by Bloomington, Normal and McLean
Counties that stores and links nongraphic attributes or geographically
referenced data with graphic map features to allow a wide range of
information processing and display operations, as well as map production,
analysis and modeling.
A street of less than the total required width.
The division of state government identified by this name.
Any sanitary sewerage system, storm sewer system, water access
strip, off-street parking area, or other improvement which the City
may require under this chapter.
That volume available in a stormwater detention/retention
basin for runoff in accordance with the requirements of this Manual.
A quantity of land capable of being described with such definition
that its location and boundaries may be established and which is designated
by its owner or developer as land to be conveyed, used or developed
as a unit or which has been conveyed, used or developed as a unit,
including any easements appurtenant thereto. Such lot shall have frontage
on a public or private street.
The area of a horizontal plane bounded by the vertical planes
through front, side, and rear lot lines.
A lot which is part of a subdivision recorded in the office
of the McLean County Recorder of Deeds, or a lot or parcel described
by metes and bounds, the description of which has been legally recorded.
A lot at the end of a block and located between two corner
lots.
A lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a
corner lot if straight lines drawn from the foremost points of the
side lot lines to the foremost point of the lot meet at an interior
angle less than 135°.
Any distance between the midpoints of straight lines connecting
the foremost points of the side lot lines in front and the rearmost
points of the side lot lines in the rear.
See "double-frontage lot."[4]
A lot which faces on one street or with opposite sides on
two streets.
A lot depicted on a final subdivision plat which does not
meet the requirements of this chapter for lots of record and which
may not be used for buildings and parking lots.
A lot other than a corner lot with frontage on more than
one street. Through lots abutting two streets may be referred to as
"double-frontage lots."
An area between opposite traffic lanes of a street or roadway.
A street of limited continuity. Its primary purpose is to
serve abutting properties.
A land area at least one meter (three feet) wide along a
lot line within which no vehicular driveways shall be permitted.[5]
The map adopted by the Planning Commission as part of the
City of Lexington Comprehensive Plan, which is designated "Comprehensive
Plan and Official Map" in that plan.
Any person, firm, association, partnership, private corporation,
public or quasi-public corporation who or which will be responsible
for paying the cost of the project, or a combination of any of them,
or other legal entity having sufficient proprietary interest in the
land sought to be subdivided or developed to commence and maintain
proceedings under the provisions of this chapter.
All contiguous land used or legally described and recorded
as a single unit.
An area not on public right-of-way, exclusive of driveways,
which is used for the parking of motor vehicles. For purposes of computing
the number of parking space in a lot, all areas used for parking under
unified control on the same or contiguous parcels of land shall be
considered as one lot.
An off-street parking area adjacent to a driveway which provides
parking for a single motor vehicle.[6]
A portion of the street designated for vehicular use measured
from face of curb to face of curb or edge to edge of paved street
surface where there are no curbs.
A right-of-way or easement across or within a block designated
for pedestrian use.
A lot or group of lots which is developed as a unit under single ownership or unified control, which includes one or more principal buildings or uses, and is processed under the planned unit development procedure of Article V of this chapter.
The Planning Commission of Lexington, Illinois.
A tentative map or plan of a proposed subdivision as described
in this chapter.
All of the various parts of proposed construction submitted
to the City Engineer for approval.
The lines bounding a lot or parcel and delineating the land
in individual ownership.
Include streets, sidewalks, public utilities and other structures,
fixtures or land appurtenances which are or are intended to be dedicated
to the City of Lexington and the public generally.
The controlled rate at which stormwater is released from
a stormwater detention/retention basin; not including overflow.
To set aside a parcel of land in anticipation of its acquisition
by the City (or other government entity) for public purposes.
A strip of land dedicated to or used by the public for vehicular
and/or pedestrian passage; stormwater, surface water or groundwater
drainage; or public utility placement.
A portion of a right-of-way used or intended principally
for vehicular passage, with appurtenant drainage ditches, ways or
structures.[7]
The minimum longitudinal distance between the building line
or structure and the related front, side or rear property line.
A line shown on a plat delineating a setback.
The unpaved strip of land within a right-of-way and is parallel
to the roadway.
A portion of a right-of-way used or intended principally
for pedestrian passage, which meets or exceeds the design standards
for public sidewalks.
The frequency of occurrence of a rainfall representing the
number of years in which a rain of that magnitude, or larger, will
occur. Statistically, it represents the probability of occurrence
of a storm event, e.g., the one-hundred-year-frequency storm has a
one-percent probability in any given year; the five-year-frequency
storm has a twenty-percent probability in any given year.
A reservoir designed and built for temporary storage of surface
runoff, either on, below or above the ground surface, accompanied
by controlled release of the entire stored water.
A wet-bottom reservoir designed and built for the temporary
storage of surface runoff, above the normal water level of the reservoir,
accompanied by controlled release of the part of the stored water
above the normal water level of the facility.
That portion of a building included between the upper surface
of the floor and the upper surface of the floor or roof next above.
A basement shall be counted as a story, and a cellar shall not be
counted as a story, unless it contains a dwelling unit.
That portion of a public or private right-of-way used and
maintained by a public entity which affords the public the principal
means of access to adjacent lots of record or property and meets the
design and construction standards for the classification it holds.
Has high average daily traffic (ADT) and is not intended
to be a residential street. An arterial street provides connection
with major state and interstate roadways and has a high potential
for the location of significant community facilities as well as retail,
commercial, and industrial facilities.
Functions to conduct traffic between arterial streets and/or
activity centers. It is a principal traffic artery within residential
areas and carries moderate volumes of traffic. (A collector street
has the potential for sustaining minor retail or other commercial
establishments along its route which will influence the traffic flow.)
A street on the perimeter of a subdivision.
A street entirely within the confines of a subdivision.
A short street, cul-de-sac, or court. The primary purpose
of a local street is to conduct traffic to and from dwelling units
or businesses to other streets within the hierarchy of streets.
The current Illinois Department of Transportation classifications
and standards as modified by the City Council pertaining to requirements
for streets, as from time to time amended.
The shortest distance between the right-of-way lines of a
given street.
Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground, including, but
not limited to, buildings, fences, gazebos, signs, billboards, supporting
towers, and swimming pools.
The division of land into two or more lots,
parcels, or tracts.
The dedication of streets, ways, or other areas
for use of the public.
Any division of land which creates more than
one additional lot for transfer or ownership and/or building development,
or where a new street is involved, or additional utilities, such as
sewer or water trunk lines, are involved.
Any development of property adjacent to a street which street does not comply with the City's standards for new street construction or right-of-way width; or meets the definition of a planned unit development as defined in Article V; or long-term lease for new development.
Any owner commencing proceedings under this chapter.
The configuration of lots of record, outlots, public rights-of-way
and public improvements which results from subdividing land in accordance
with the procedures, requirements and standards of this chapter.
That portion of a public right-of-way separated from the
roadway intended for multipurpose, nonmotorized transportation and
recreational use.
The combination of two or more tracts of land of either through
unified ownership or other arrangements, wherein each owner has agreed
to allow use and to develop his/her tract as a single lot under the
provisions of the ordinance applicable to planned unit developments.
The purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the regulations of Chapter 300, Zoning.
To terminate the legal existence of a right-of-way or easement
or subdivision, and to so note on the final plat recorded with the
McLean County Recorder of Deeds.
A portion of a right-of-way used or intended principally
for pedestrian passage which does not meet or exceed the design standards
for public sidewalks.
That land area from which all runoff from rainfall would
eventually reach the point in question by flowing over the surface
of the ground or through existing improvements.
The map adopted by the City Council showing all the zoning
district boundaries within the City of Lexington, Illinois.
A.
In the
interpretation and application, the provisions of this chapter shall
be held to be the minimum requirements for the promotion of the health,
safety and general welfare.
B.
Conflict with public and private provisions.
(1)
Public provisions. The regulations in this chapter
are not intended to interfere with, abrogate, or annul any other ordinance,
resolution, rule or regulation, statute or other provision of law.
Where any provisions of this chapter imposes restrictions different
from those imposed by any other provision of this chapter or any other
resolution, ordinance, rule or regulation, or other provision of law,
whichever provisions are more restrictive or impose higher standards
shall control.
(2)
Private provisions. The regulations in this chapter
are not intended to abrogate any easement, covenant or any other private
agreement or restriction, provided that where the provisions of this
chapter are more restrictive or impose higher standards or regulations
than such easement, covenant, or other private agreement or restriction,
the requirements of this chapter shall govern.
This chapter shall not be construed as abating
any action now pending under, or by virtue of, prior existing subdivision
regulations, or as discontinuing, abating, modifying, or altering
any penalty accruing or about to accrue, or as affecting the liability
of any person, firm, or corporation, or as waiving any right of the
City under any section or provision existing at the time of adoption
of this chapter, or as vacating or annulling any rights obtained by
any person, firm, or corporation, by lawful action of the City except
as shall be expressly provided for in this chapter.
For the purpose of providing the public health,
safety, and general welfare, the City Council may from time to time
amend the provisions imposed by these subdivision regulations. Public
hearings on all proposed amendments shall be held by the City's Planning
Commission in the manner prescribed by law.
Regulation of the subdivision of land and the
attachment of reasonable conditions to land subdivision is an exercise
of valid power delegated by the State of Illinois to the City. The
subdivider or owner has the duty of compliance with reasonable conditions
laid down by the City for design, dedication, improvement, and restrictive
use of land so as to conform to the physical and economical development
of the City and to the safety and general welfare of the future owners
of lots in the subdivision.
A.
Procedure for resubdivision. For any change in a recorded
plat of a subdivision, if such change affects any street layout shown
on such plat, or affects any area reserved thereon for public use,
or affects any lot line, such change shall be reviewed by the Planning
Commission and the City Council by the same procedure, rules and regulations
as for a subdivision as provided by this chapter.
B.
Procedure for subdivisions where future resubdivision
is indicated. Whenever a parcel of land is subdivided and the subdivision
plat shows one or more lots containing more than one acre of land
and there are indications that such lots will eventually be resubdivided
into smaller lots, the City shall require that such parcel of land
allow for the future opening of streets and the ultimate extension
of adjacent streets. Right-of-way dedications providing for the future
opening and extension of such streets shall be made a requirement
of the plat.
In accordance with state law, any plat or part
thereof may be vacated by the owner of the parcel, at any time before
the sale of any lot therein, by written vacation instrument to which
a copy of the plat is attached. If there are public service facilities
in any street, or other public way, or easement shown on said plat,
the instrument shall reserve to the City or other public entity or
public utility owning such facilities the property, rights-of-way,
and easements necessary for continuing public service by means of
those facilities and for maintaining or reconstructing the same. The
vacation instrument shall be approved by the City Council in the same
manner as plats of subdivision, and shall also be approved by the
public utilities involved. In the case of platted parcels wherein
any lots have been sold, the written instrument must also be signed
by all the owners of the lots in said parcel.
A.
General.
(1)
Where the City Council finds that extraordinary hardships
or practical difficulties may result from strict compliance with this
chapter and/or the purposes of the regulations in this chapter may
be served to a greater extent by an alternative proposal, the City
Council may approve variations to these subdivision regulations so
that substantial justice may be done and the public interest secured,
provided that such variation shall not have the effect of nullifying
the intent and purpose of these regulations; and further provided
that the City Council shall not approve variations unless it shall
make findings based upon evidence presented to it in each specific
case that:
(a)
The granting of the variation will not be detrimental
to the public safety, health, or welfare or injurious to other property
located in the vicinity of the property in question.
(b)
The conditions upon which the request for a
variation is based are unique to the property for which the variation
is sought and are not applicable generally to other property.
(c)
Because of the particular physical surroundings,
shape or topographical conditions of the specific property involved,
a particular hardship to the owner would result, as distinguished
from a mere inconvenience, if the strict letter of the regulations
in this chapter is carried out.
(2)
The Planning Commission shall notify the owner or
subdivider and other interested parties as to the time and place of
the meeting at which the variation is being considered and where the
owner or subdivider and other interested parties will be afforded
an opportunity to be heard. Such notice shall be published, posted
or delivered and in such form as prescribed by the City Attorney,
and the expense of any publication shall be borne by the petitioner.
B.
Conditions. In approving variations, the City Council
may require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements of this chapter.
C.
Procedures. A petition for any such variation shall be submitted in writing by the subdivider at the time when the preliminary plan is filed for the consideration by the Planning Commission. Such petition shall state fully the grounds for the application and all facts relied upon by the petitioner. The Planning Commission may recommend variations from the regulations of this chapter in specific cases which, in the Planning Commission's opinion, meet the standards for granting variations as provided in Subsection A.
A.
It shall be unlawful for any person, firm or corporation
to subdivide any land within the corporate limits of the City of Lexington
or any unincorporated area within 1 1/2 miles of the City's corporate
limits without following the procedures, satisfying the requirements
and meeting or exceeding the standards specified in this chapter;
provided, however, the provisions of this chapter shall not apply
in the following instances:
(1)
Conveyances of a lot comprising and containing all
contiguous property owned by a person, group of persons, firm or entity,
as a single parcel, to some other person, group of persons, firm or
entity.
(2)
The offer, sale or conveyance of one or more lots
of record.
(3)
The sale or exchange of parcels of land between the owner of adjoining and contiguous property which meets or exceeds the minimum requirements of this chapter and the minimum bulk requirements of Chapter 300, Zoning.
(4)
Conveyances made to correct descriptions in prior
conveyances.
(5)
Conveyances of land relating to the dedication of
land for public use or interest relating to or arising from the vacation
of land impressed with a public use.
(6)
Conveyances of land the principal use of which is
presently agricultural and intended to be used principally for future
agricultural purposes.
B.
The City may waive the obligation to comply with this
chapter where units are created pursuant to the Illinois Condominium
Property Act[1] except where "footprint" lots are created which are equal
to or larger than the individual units and a fee interest is conveyed
in the underlying property.
[1]
Editor's Note: See 765 ILCS 605/1 et seq.
C.
It shall be unlawful for any person, firm or corporation
to develop, build on, use or improve any lot without dedicating such
street right-of-way as would have been required by this chapter if
the lot had been subdivided from a larger parcel immediately prior
to such development, construction, use or improvement.
Any person found guilty of violating, disobeying,
omitting, neglecting or refusing to comply with, or resisting or opposing
the investigation or enforcement of any of the provisions of this
chapter, upon conviction thereof, shall be punished by a fine in an
amount not to exceed $750 for each offense. Each day that a violation
of this chapter continues shall constitute a separate and distinct
offense and shall be punishable as such.[2]
Whenever any trustee of a land trust or any
beneficiary or beneficiaries of a land trust make application to the
City for approval of a subdivision under this chapter relating to
the land which is subject of such trust, such application shall identify
each beneficiary of such land trust by name and address and define
his interest therein as required by the Illinois Compiled Statutes.
All such applications shall be verified by the applicant in his capacity
as trustee, or by the beneficiary as a beneficial owner of interest
in such land trust. If such application is filed by body politic or
other corporate entity, it shall be verified by a duly authorized
officer of such body politic or other corporate entity for which such
application is made.
A flowchart illustrating the subdivision process is included at the end of this chapter.
