The regulations of this chapter shall be officially
known and cited as the "Zoning Ordinance of McLean County, Illinois,"
although it may be referred to hereafter as the "zoning ordinance"
or "this chapter."
This chapter is enacted pursuant to the powers
granted and limitations imposed by the Constitution and laws of the
State of Illinois, including the statutory authority granted in Chapter
55 ILCS, as amended.
This chapter is adopted to promote the public
safety, health and general welfare of residents and visitors to McLean
County. More specifically, the regulations are intended to:
A. Preserve and protect property rights throughout the
County;
B. Regulate the location, height and size of all structures,
the amount of lot coverage, the size of setback areas and the density
of population;
C. Divide the unincorporated area of the County into
zones and districts;
D. Regulate and restrict the development and use of buildings
and land within each zoning district;
E. Provide for the orderly growth and harmonious development
of McLean County consistent with established policies of the County;
F. Secure proper arrangement of streets for efficient
traffic circulation through the coordination of existing and planned
streets, comprehensive plan, public facilities, and adjoining developed
land;
G. Secure adequate provisions for water, drainage, and
sanitary sewer facilities based upon County, state, and federal requirements;
H. Provide for agricultural uses in rural areas of the
County while providing for more intense land uses near the incorporated
places;
I. Provide for urban uses outside incorporated places
in response to market demand, provided development standards do not
create a burden for the public;
J. Secure safety from fire, flooding, panic, and other
dangers;
K. Provide adequate light, air, sanitation, and drainage;
L. Further the appropriate use of land and conservation
of natural resources;
M. Attain the wise use, conservation, development, and
protection of the County's water, soil, wetlands, woodland, and wildlife
resources, and attain a balance between land uses and the ability
of the natural resource base to support and sustain such uses;
N. Stabilize and protect wooded, flood-prone, and wetlands
areas and encourage the restoration of native prairie in open areas;
[Amended 6-17-2008]
O. Encourage orderly growth while integrating new urban
areas into the fabric of the community, maintaining a high-quality
environment, and promoting fiscal responsibility;
P. Bring about the gradual conformity of uses of land
to the comprehensive plan and zoning regulations set forth in this
chapter, and minimize the conflicts among uses of land and buildings;
and
Q. Preserve, protect and encourage the development and
improvement of agricultural lands for the production of food and other
agricultural products.
[Amended 6-17-2008]
In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
for promotion of the public health, safety, morals, need, and welfare.
A. Where the conditions imposed by any provision of this
chapter, upon the use of land or buildings or upon the bulk of buildings,
are either more restrictive or less restrictive than comparable conditions
imposed by any other provision of this chapter or of any other law,
ordinance, resolution, rule or regulation of any kind, the regulations
which are more restrictive or which impose higher standards or requirements
shall govern.
B. No building, structure, or use which was not lawfully
existing at the time of the adoption of this chapter shall become
or be made lawful solely by reason of the adoption of this chapter;
and to the extent that and in any manner that said unlawful building,
structure, or use is in conflict with the requirements of this chapter,
said building, structure, or use remains unlawful hereunder.
C. Nothing contained in this chapter shall be deemed
to be a consent, license, or permit to use any property or to locate,
construct, or maintain any building, structure, or facility or to
carry on any trade, industry, occupation, or activity.
D. The provisions in this chapter are additional limitations
upon all other laws and ordinances, heretofore passed or which may
be passed hereafter, governing any subject matter in this chapter.
It is hereby declared to be the intention of
the County Board of McLean County that the provisions of this chapter
are separable, in accordance with the following:
A. If any court of competent jurisdiction shall adjudge
any provision of this chapter or amendments thereto to be invalid,
such judgment shall not affect any other provisions of this chapter
or amendment thereto, not specifically included in said judgment.
B. If any court of competent jurisdiction shall adjudge
invalid the application of any provision of this chapter or amendments
thereto to a particular property, building, or other structure, such
judgment shall not affect the application of said provision to any
other property, building, or structure not specifically included in
said judgment.
No building shall hereafter be erected unless
it is on at least one lot, as herein defined, except in industrial
districts where a lot may contain more than one principal building.
Any condition conducive to the breeding of rodents
or insects or any other dangerous, noxious, injurious or objectionable
condition, substance or element which would create any hazard to public
health, peace or comfort, or hinder the appropriate use of land, shall
be prohibited.
Both sewerage and water systems shall be required
to serve single-family detached dwellings hereafter established on
lots, parcels, or tracts having less than 22,500 square feet in area.
Such lots shall be served by public or community sewer and water systems.
A. Greater lot areas may be required in specific instances
in order to conform with the required standards for installation of
individual sewage treatment and water systems as set forth in Illinois
statutes and other applicable McLean County ordinances or codes.
B. A single-family dwelling may be hereafter established in a Residence or Agriculture District on a parcel or tract of land or a lot in a subdivision which in each case was of record on February 11, 1974, even though such parcel, tract or lot does not have the lot area as required in Article
V, provided such parcel, tract or lot has sufficient area to conform with the required standards for installation of individual sewage treatment and water systems as set forth in Illinois statutes and other applicable McLean County ordinance or codes.
C. Parcels, tracts or lots where other than single-family
dwellings are to be established shall be of sufficient area to provide
adequate areas on the lot and adjacent lots that are not covered by
buildings, structures or pavements, for the installation thereon of
individual sewage treatment and water systems in accordance with standards
for such installations as set forth in Illinois statutes and other
applicable McLean County ordinances or codes.
The following structures and uses shall be exempt
from the provisions of these regulations:
A. Poles, towers (except for telecommunications towers),
wires, cables, conduits, vaults, laterals, pipes, mains, valves, or
other similar equipment for the distribution to consumers or to or
by wholesalers of telephone or other communications, electricity,
gas, or water, or the collection of sewage or surface water;
[Amended 6-18-2002]
B. Underground storage of natural gas by a public utility
as defined in the applicable statutes of the State of Illinois;
C. Regional pollution control facilities as herein defined;
D. Railroad tracks, signals, signs, bridges, and similar
facilities and equipment located on a railroad right-of-way, and maintenance
and repair work on such facilities and equipment;
E. Agricultural uses as defined by these regulations
or with respect to the erection, maintenance, repair, alteration,
remodeling or extension of buildings or structures for such agricultural
uses;
[Amended 2-20-2001]
(1) Setback lines for buildings and structures for agricultural
purposes which are exempted from other regulations of this chapter
shall be as follows:
(a)
Land adjoining a township road: 60 feet from
the center line of such road if the road right-of-way is 60 feet or
less in width, or 30 feet from the adjacent right-of-way line if the
road right-of-way exceeds 60 feet in width.
(b)
Land adjoining a collector street as designated
in the Comprehensive Plan, a County, state or federal highway: 70
feet from the center line of such highway if the highway right-of-way
is 80 feet or less in width, or 30 feet from the adjacent right-of-way
line if the highway right-of-way exceeds 80 feet in width.
(c)
In addition, on the inside corner at an intersection
of two roads or highways, or a deflection resulting in an interior
angle of 120° or less in a single road or highway, there shall
be a setback extending between two points on the center line of such
roads or highways, such points being 200 feet from the intersection
of the two center lines.
(2) In the event that any structure or land ceases to
be used only for agriculture, then such structure or land shall be
subject to this chapter.
F. Animal feeding operations as defined by the Illinois
Environmental Protection Act and the rules promulgated under that Act concerning agricultural-related
pollution;
G. Retaining walls; and
[Amended 6-17-2008]
H. The temporary use of land for the installation, maintenance
and operation of facilities used by contractors in the ordinary course
of construction activities, except that such facilities shall be required
to be located not less than 300 feet from any building used for residential
purposes, and except that the period of such temporary use shall not
exceed the duration of the construction contract. Types of facilities
used by contractors in the ordinary course of construction activities
shall include but not be limited to a contractor's office or equipment
sheds. All such facilities used by contractors in the ordinary course
of construction activities shall be located on the same lot where
such construction is occurring or on a contiguous lot.
[Added 2-20-2001]
Setback lines shall be maintained on all lots
abutting a street. Such setback lines on lots abutting streets shall
be set back the distance required for a front yard or side yard abutting
a street in the districts where such lots are located, except on one
side of a street within the length of a block or a distance of not
more than 1,800 feet within the block, whichever is less, where there
are existing buildings, structures or uses occupying more than 30%
of such street frontage, the setback lines for new buildings, structures,
or uses may be set back a distance equivalent to not less than the
average setback of such existing buildings, structures, or uses, but
not less than 27 feet or they need not be more than 50 feet.