[Ord. No. 1998-42]
These regulations shall apply to every subdivision code (as defined herein) occurring inside the corporate limits of the City of Bloomington, 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 Code occurs.
A. 
It is hereby declared to be the policy of the City to consider subdivision codes and planned unit developments and the subsequent development thereof as subject to the control of the City pursuant to the City of Bloomington 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, transportation facilities and improvements. The existing and proposed public improvements shall conform to and be properly related to the proposals shown on the City of Bloomington Comprehensive Plan, Official Map, and the Capital Improvements Program of the City, and it is intended that this code should supplement and facilitate the enforcement of the provisions and standards contained in Chapters 10, 44, and 45 of the Bloomington City Code, 1960, as amended, and in the City of Bloomington Comprehensive Plan, Official Map and the Capital Improvements Program of the City.
[Ord. No. 1998-42]
Because every Subdivision Code of land within the jurisdiction of these regulations is or may become a part of the City of Bloomington 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 Code 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 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 beneficial 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 provide 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 subdivision codes and resubdivisions, in order to further the orderly layout and use of land, and to insure proper legal descriptions and monumenting of subdivided land;
I. 
To insure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision code 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 insure appropriate development with regard to these natural features;
L. 
To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of land as established in the City's zoning ordinance.
[Ord. No. 1998-42]
A. 
The purpose of the Planned Unit Development Regulations is to encourage and allow more creative and imaginative design for land development than is possible under the more conventional zoning regulations. The planned unit development also provides for more efficient use of the land and thus may result in more economical land development. Preservation of natural site qualities, better urban amenities, more open spaces, and a higher quality project are also intended results of the planned unit development process.
B. 
The process is intended to be an alternative to the conventional subdivision code of land and lot by lot development contemplated by the subdivision code regulations of this Code and the zoning district regulations of Chapter 44 of the Bloomington City Code, 1960, as amended. The following objectives may be attained through the use of the planned unit development process:
(1) 
A maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of the other sections of this Code and Chapter 44 of the Bloomington City Code, 1960, as amended.
(2) 
Permanent preservation of common open space and recreation areas and facilities.
(3) 
A pattern of development to preserve natural vegetation, topographic and geologic features.
(4) 
The prevention and/or control of soil erosion and surface flooding.
(5) 
A creative approach to the use of land and related physical facilities that results in better development and design and the construction of aesthetic amenities.
(6) 
An efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds and buildings and other facilities.
(7) 
A land use which promotes the public health, safety, comfort, morals and welfare.
(8) 
A combination and coordination of architectural styles, building forms, and building relationships with a possible mixing of different urban uses in an innovative overall design.
(9) 
Innovations in residential, commercial and industrial development so that growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings.
(10) 
The combination of a number of review and approval procedures into a single plan review and approval process.
(11) 
The use of public input and participation in the design and development of innovative and creative land use proposals.
C. 
The planned unit development is intended to provide for projects incorporating a single type of a variety of related uses which are planned, developed and maintained as a unit. The planned unit development should provide amenities not otherwise required by law and often establishes facilities and open space greater than the minimum required by code. Such development may consist of subdivided lots, provided that the platted lots are maintained in unified control with unsubdivided property maintained in separate ownership but unified control.
D. 
The planned unit development may permit the transfer of dwelling units from one portion of the tract to another and will permit the clustering of dwelling units in one or more locations upon the tract. The uses permitted within the planned unit development shall be the same as those authorized in the zoning district in which it is located unless otherwise provided by the allowable exceptions with provisions of Chapter 44 of the Bloomington City Code, 1960, as amended.
E. 
The unique and substantially different character of planned unit developments requires that they be processed under a special plan review procedure. Planned unit developments are of a different character than conventional subdivision codes or other projects requiring site plan review, requiring the establishment herein of specific and additional procedures, standards and exceptions to govern the recommendations of the Planning Commission and the action by the City Council.
F. 
A person, by choosing to develop property as a planned unit development, elects to submit a contemplated development proposal to a legislative and discretionary review by the Planning Commission and Council. It is the intent of this Code that the planned unit development review procedure be conducted as an alternative to subdivision code review as under this code. All planned unit developments shall be designed in such a manner as to conform to the provisions of the City of Bloomington major street plans, trunk sewer extension plans, water distribution system plans, and storm drainage plans.
[Ord. No. 1998-42]
The language set forth in this code 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 words "should or shall" are mandatory, while the word "may" is permissive.
D. 
Terms connotating a particular gender include each and every other gender.
E. 
Whenever a word or term defined hereinafter appears in the text of this Code, 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 meaning.
G. 
The terms Corporate Authority, Mayor and Council, City Council and Council all mean the Mayor and City Council of the City of Bloomington, Illinois.
[Ord. No. 1998-42]
The following words and terms, whenever they occur in this Code, shall be interpreted as herein defined.
ABUTTING (CONTIGUOUS, ADJACENT)
Having one or more common boundary lines or district lines.
ALLEY
A. 
A public right-of-way which is less than nine meters (30 feet) wide and affords a secondary means of access to abutting property.
B. 
Frontage on an alley shall not be construed as satisfying the requirements related to frontage on a public street.
AREA, GROSS
The entire area within the lot lines of the property proposed for subdivision code/development, including any areas to be dedicated/reserved for street and alley right-of-way and for the public uses.
BASEMENT
The story of a building which is partly below and partly above grade, and having at least 1/2 its height above grade.
BLOCK
A tract of land bounded by streets, or by a street or streets and any combination of boundary lines of public of 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 town.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING PERMIT
A permit issued by the City of Bloomington for the construction, erection or alteration of a structure or building
[Ord. No. 2005-78]
BUILDING SETBACK LINE
A line within a lot, or other parcel of land, so designated on the preliminary plan and the 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 the Bloomington Zoning Code, 1960 as amended.
CELLAR
The portion of a building which is partly or completely below grade and having at least 1/2 of its heights below grade.
CENTER LINE
A. 
The center line of any right-of-way having uniform width;
B. 
The original center line, where a right-of-way has been widened irregularly;
C. 
The new center line, whenever a road has been relocated.
CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC)
A person meeting the standards for, and certified by CPESC, Inc. Marion, N.C. 28752 in conjunction with the Soil and Water Conservation Society and the International Erosion Control Association, as being qualified for educational, scientific, and service activities with public and private agencies.
[Ord. No. 2005-78]
CERTIFY or CERTIFICATION
Formally attesting that the specific inspections and tests where required have been performed, and that such tests comply with the applicable requirements of this Ordinance.
[Ord. No. 2005-78]
CITY
The City of Bloomington, Illinois.
CITY CLERK
The City Clerk of Bloomington, Illinois, or her duly authorized representative.
CITY MANAGER
The individual occupying that position on the staff of the City of Bloomington, or his/her duly authorized representative.
CITY PLANNER
The individual occupying that position on the staff of the City of Bloomington, Illinois, or his/her duly authorized representative.
CLEARING
Any activity which removes vegetative ground cover.
[Ord. No. 2005-78]
COLLECTION TILE SYSTEM
A tile system serving individual lots for the purpose of receiving water discharged from sources such as footing tiles.
COMPREHENSIVE PLAN
The composite of the functional and geographic elements of the Comprehensive Plan of the City of Bloomington, or any segment thereof in the form of plans, maps, charts, textual materials and the Official Map, as adopted by the City Council.
CROSS SLOPE
The degree of inclination measured across pavements rather than in the direction traffic moves on the pavement.
CUBIC YARDS
The amount of material in excavation and/or fill measured by the method of "average end areas."
[Ord. No. 2005-78]
DEDICATE
Transfer of ownership of right-of-way, parcel of land or improvement to this municipality or other public or quasi public entity without compensation.
DEVELOPER
(See "Owner").
DEVELOPMENT
Both the act of changing a tract of land 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.
DIRECTOR OF ECONOMIC & COMMUNITY DEVELOPMENT
The individual occupying that position on the staff of the City of Bloomington, Illinois, or his/her designated representative.
[Ord. No. 2017-96; 8-10-2020 by Ord. No. 2020-53]
DIRECTOR OF PUBLIC WORKS
The individual occupying that position on the staff on the City of Bloomington or his/her designated representative.
[Ord. No. 2018-93]
DRAINAGE WAY, IMPROVED
A portion of a right-of-way or easement used or intended principally for storm, surface or ground water drainage which meets or exceeds the design and construction standards for public drainage ways.
DRAINAGE WAY, UNIMPROVED
A portion of a right-of-way or easement used or intended principally for storm, surface or ground water drainage which does not meet or exceed the design and/or construction standards for public drainage ways.
DRIVEWAY
A private access way for motor vehicles between a public or private street and one or more structures or off-street parking areas.
DWELLING
A building designed or used principally for residential occupancy, including, without limitation, single-family dwellings, two-family dwellings and multiple-family dwellings.
EASEMENT
A quantity of land set aside over or under which a liberty, privilege, or advantage in land without profit, is dedicated and is distinct from ownership of the land. May be granted either to the public, a particular person, a utility company, or a combination thereof.
ENGINEER
A Licensed Professional Engineer licensed by the State of Illinois.
EROSION
All of the processes by which soil and rock are loosened and moved downhill or downwind.
[Ord. No. 2005-78]
EROSION AND SEDIMENT CONTROL PERMIT
A permit issued by the City of Bloomington for the construction or alteration of ground improvements and structures for the control of erosion, runoff and grading.
[Ord. No. 2005-78]
ESCROW DEPOSIT
A deposit in cash or other approved securities to assure the completion of improvements within a subdivision code or planned unit development.
EXCAVATION
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.
EXISTING GRADE
The vertical location of the existing ground surface prior to excavation or filling.
[Ord. No. 2005-78]
FAMILY
A. 
One of the following:
(1) 
One or more persons each related to each other by blood, marriage, or legal adoption. Any foster children residing with such person or persons in a "foster family home" as that term is defined in § 44-1607, of Chapter 44 of the Bloomington City Code, 1960, as amended shall also be deemed to be part of the family.
(2) 
One or more persons each related to each other by blood, marriage, or legal adoption, and an aggregate of not more than two individuals not related by blood, adoption or marriage living in a dwelling unit.
B. 
However, in no case shall more than two persons not related by blood, adoption or marriage occupy an efficiency unit or one bedroom dwelling unit.
FIELD INSPECTOR
An individual, company or firm appointed by the Director of Public Works to inspect construction to insure compliance with approved plans and specifications.
[Ord. No. 2018-93]
FILL
Any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location and shall include the conditions resulting therefrom.
FINAL DEVELOPMENT PLAN
A final plan that is required to be submitted to the City as specified in the Planned Unit Development Regulations, Article V of this Code.
FINAL GRADE
The vertical location of the ground or pavement surface after the grading work is completed in accordance with the site development plan.
[Ord. No. 2005-78]
FINAL PLAT
A map or plan of a subdivision code and any accompanying material as described hereafter.
FINAL PUNCH LIST
A tabulation of deficiencies requiring corrective action prior to final acceptance of a project.
FLOOD
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.
FRONTAGE
The measure of lineal contiguity between a lot or portion thereof and another lot, public street, alley or public way.
FRONTAGE ROAD
A local street which is parallel to and either adjacent to or within the right-of-way of an arterial street.
GEOGRAPHIC INFORMATION SYSTEM (G.I.S.)
A computer system maintained by Bloomington, Normal and McLean County that stores and links non-graphic 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.
GRADING
Excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.
[Ord. No. 2005-78]
ILLINOIS DEPARTMENT OF TRANSPORTATION (I.D.O.T.)
The division of state government identified by this name.
LONG TERM LAND LEASE
The leasing of a portion of a tract of land for a period of time of 10 years or more for new development where sale of said tract of land would obligate the owner to comply with the subdivision code regulations (Chapter 24) of the Bloomington City Code.
LOT
A quantity of land capable of being described with such certainties 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 within its boundaries. Such lot shall have frontage on public or private street.
[Ord. No. 2003-107]
LOT AREA
The area of a horizontal plane bounded by the vertical planes through front, side, and rear lot lines.
LOT DEPTH
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.
LOT OF RECORD
A lot which is part of a subdivision code 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.
LOT WIDTH
Lot width shall be measured at the front yard setback line.
[Ord. No. 2003-107]
LOT, CORNER
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°.
LOT, DOUBLE FRONTAGE
A lot which has a pair of opposite lot lines along two substantially parallel streets.
LOT, INTERIOR
A lot which faces on one street or with opposite sides on two streets.
LOT, OUT
A lot depicted on a preliminary plan or final plat which does not meet the requirements of this Code for lots of record and which may not be used for construction of buildings or parking lots.
LOT, THROUGH
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.
MANUAL
A document entitled "A Manual of Practice for the Design of Public Improvements in the City of Bloomington."[1]
MEDIAN
An area between opposite traffic lanes of a street or roadway or an area between two parallel streets or roadways.
NATURAL DRAINAGE
Channels formed in the existing surface topography of the earth prior to changes made by unnatural causes.
[Ord. No. 2005-78]
NO-ACCESS STRIP
An area at least one meter (three feet) wide along a lot line within which no vehicular driveways shall be permitted.
OFFICIAL COMPREHENSIVE PLAN (COMPREHENSIVE PLAN)
The composite of the functional and geographic elements of the Comprehensive Plan of the City of Bloomington, or any segment thereof in the form of plans, maps, charts, textual materials and the Official Map, as adopted by the City Council.
OFFICIAL MAP
The map adopted by the City Council as part of the Comprehensive Plan which is designated "Official Map" in that plan.
OFFICIAL ZONING MAP
(See Zoning Map).
OUTLOT
(See Lot, Out).
OWNER
Any person, firm, association, partnership, private corporation, public or quasi-public corporation, 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 Code.
PARCEL
All contiguous land used or legally described and recorded as a single unit.
PARKING LOT
A. 
An area not on public right-of-way, exclusive of driveways, which is used for the parking of motor vehicles.
B. 
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.
PARKING SPACE/PAD
An off-street parking area adjacent to a driveway which provides parking for a single motor vehicle.
PARKWAY
The area of land within a street right-of-way which is located between the back of the curb and the right-of-way line.
PAVEMENT
The portion of a 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.
PEDESTRIAN WAY
A right-of-way or easement across or within a block designated for pedestrian use.
PERMITTEE
Any person to whom a site development permit is issued.
[Ord. No. 2005-78]
PERSON
Any individual, firm or corporation, public or private, the State of Illinois and its agencies or political subdivisions, and the United States of America, its agencies and instrumentalities, and any agent, servant, officer or employee of any of the foregoing.
[Ord. No. 2005-78]
PLANNED UNIT DEVELOPMENT
A planned unit development is 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 this chapter of the Municipal Code.
PLANNING COMMISSION
The Planning Commission of the City of Bloomington, Illinois.
PRELIMINARY PLAN
A tentative map or plan of a proposed subdivision code as described in this chapter of the Municipal Code.
PROJECT
All of the various parts of proposed construction submitted to the Director of Public Works for approval.
[Ord. No. 2018-93]
PROPERTY LINE
The lines bounding a lot or parcel and delineating the land in individual ownership.
PUBLIC IMPROVEMENTS
Include streets, sidewalks, public utilities and other structures, fixtures or land appurtenances which are or are intended to be dedicated to the City of Bloomington and the public generally.
REMOVAL
Cutting vegetation to the ground or stumps, complete extraction, or killing by spraying or by the use of any grading or clearing technique.
[Ord. No. 2005-78]
RESERVE
To set aside a parcel of land in anticipation of its acquisition by this municipality (or other government entity) for public purposes.
RIGHT-OF-WAY
A strip of land dedicated to or used by the public for vehicular and/or pedestrian passage; storm, surface or ground water drainage; or public utility placement.
ROADWAY
A portion of a right-of-way designated for motorized vehicular use.
SEDIMENT
Mineral or organic solid material in suspension by being transported or moved from it's site of origin by wind, water, gravity, or ice and has come to rest on the earth's surface either above or below sea level.
[Ord. No. 2005-78]
SETBACK
The minimum longitudinal distance between the building line or structure and the related front, side or rear property line.
SETBACK LINE
A line shown on a plat delineating the setback.
SIDEWALK
A portion of a right-of-way used or intended principally for pedestrian passage, which meets or exceeds the design standards for public sidewalks.
SITE
A lot or parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.
[Ord. No. 2005-78]
SITE DEVELOPMENT
Altering terrain and/or vegetation and constructing improvements.
[Ord. No. 2005-78]
STORY
That portion of a building included between the upper surface of a 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.
STORY HEIGHT
The vertical distance from top to top of two successive tiers of beams or finished floor surfaces, and, for the topmost story, from the top of the floor finish to the top of the ceiling joists, or, where there is not a ceiling, to the top of the roof rafters.
STREAM
Any river, creek, brook, branch, flowage, ravine, or natural or man-made drainage way which has a definite bed and banks or shoreline, in or into which surface or groundwater flows, either perennially or intermittently.
[Ord. No. 2005-78]
STREET
That portion of a right-of-way used and maintained as principal means of access to adjacent lots of record or property and meets the design and construction standards for the classification it holds.
STREET, CUL-DE-SAC
A local street with one outlet which ends with a turn around.
STREET, EXTERIOR
A street on the perimeter of a subdivision code.
STREET, INTERIOR
A street entirely within the confines of a subdivision code.
STREET, PRIVATE
A street owned and maintained by private entity.
STREET, PUBLIC
A street owned and maintained by the public.
STREET, STANDARDS AND CLASSIFICATIONS
The current classifications and standards as described in the Illinois Department of Transportation "Design and Environment Manual" as modified by the City Council pertaining to requirements of streets.
STRIPPING
Any activity which removes the vegetative surface cover including tree removal, clearing, and storage or removal of topsoil.
[Ord. No. 2005-78]
STRUCTURE
Anything that is built or constructed, including but not limited to, any usable, permanent, in place device or appliance outside the building setback line within the lot making a projection of six inches or more above grade and having a base greater than 12 square feet. This does not, however, exclude such underground or surface structures such as tunnels, future foundations, or swimming pools in whole or in part below grade.
SUBDIVIDE
To subdivide means:
A. 
The division of land into two or more lots, parcels, or tracts;
B. 
The dedication of streets, ways, or other areas for use of the public;
C. 
Any development of property which according to City Codes, necessitates the extension of public utilities to such property by main or by service connection;
D. 
Any development of property which requires that a new street be constructed;
E. 
Any development of property that meets the definition of a planned unit development as defined in this Code;
F. 
Long term land lease for new development.
SUBDIVISION CODE
The configuration of lots of record, outlots, public rights-of-way and public improvements which result from subdividing land in accordance with the procedures, requirements and standards of this Code.
TRAIL
That portion of right-of-way physically separated from motorized vehicles and intended for non-motorized transportation and recreational uses.
UNIFIED CONTROL
The combination of two or more tracts of land either through unified ownership or other arrangements, wherein each owner has agreed to allow use and develop their tracts as a single lot under the provisions of the ordinance applicable to planned unit developments.
USE
The use of property is 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 the Zoning Code.
VACANT
Land on which there are no structures or only structures which are secondary to the use or maintenance of the land itself.
[Ord. No. 2005-78]
VACATE
To terminate the legal existence of right-of-way or easement or subdivision code, and to so note on the final plat recorded with the McLean County Recorder of Deeds.
WAIVER
Deviation, relaxation, adjustment or modification of a requirement of this code.
WETLANDS
Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. For the purpose of this ordinance, wetlands shall be defined by the Illinois Department of Conservation National Wetlands Inventory maps.
[Ord. No. 2005-78]
ZONING ADMINISTRATOR
The Director of Economic & Community Development for the City of Bloomington, Illinois, or his/her designated representative.
[Ord. No. 2017-96; 8-10-2020 by Ord. No. 2020-53]
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the City of Bloomington, Illinois.
ZONING MAP
The Official Zoning Map is the map adopted by the City Council showing all the zoning district boundaries within the City of Bloomington, Illinois.
[Ord. No. 1998-42]
[1]
Editor's Note: See the Manual included as an attachment to this chapter.
A. 
Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.
[Ord. No. 1998-42]
B. 
Conflict:
(1) 
Public provisions. These regulations are not intended to interfere with, abrogate, or annul any other provision of law except as provided in these regulations. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, the provision which is more restrictive or imposes higher standards will control.
(2) 
Private provisions. These regulations are not intended to abrogate any easement, covenant, or other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than the easement, covenant or other private agreement or restriction, the requirements of these regulations shall govern.
(3) 
Severability. If any part or provision of these regulations or the application of these regulations to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgment shall be rendered and it shall not affect or impair the validity of the remainder of these regulations.
[Ord. No. 1998-42]
[Ord. No. 1998-42]
This Code shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision code 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 Code, 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.
[Ord. No. 1998-42]
The Bloomington Planning Commission may from time to time recommend to the City Council amendments to these regulations which shall then be approved or disapproved by the City Council.
[Ord. No. 1998-42]
In approving variances, exceptions, or waivers of conditions, the Bloomington Planning Commission may require such conditions as will, in its judgment, secure substantially the purposes described in § 24-203.
[Ord. No. 1998-42]
Resubdivision of lot or outlot of record in an approved subdivision code shall be permitted only if the resubdivided lots so formed shall meet all the zoning, building and other regulations. The utilities must be provided to each such resubdivided lots as per the City's standards. The approval of the resubdivision shall be subjected to the same process as for a new subdivision code.
[Ord. No. 2016-36]
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. If there are no public service facilities in any street or easement, then those streets and easements shall be vacated without any reservation for utilities. The vacation instrument shall be approved by the City Council in the same manner as plats of subdivision code, 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. In case where a public right-of-way, street or alley is to be vacated, a public hearing shall be done in accordance with the City's Policy on Street and Alley Vacations.[1]
[1]
Editor's Note: The City's Policy on Street and Alley Vacations is included as an attachment to this chapter.
A. 
General. Where the City Council finds that extraordinary hardships or practical difficulties may result from strict compliance with this Code and/or the purposes of the regulations in this code may be served to a greater extent by an alternative proposal, the City Council may approve waivers to these Subdivision Code regulations so that substantial justice may be done and the public interest secured provided that such waiver shall not have the effect of nullifying the intent and purpose of these regulations; and further provided that the City Council shall not approve waivers unless it shall make findings based upon evidence presented to it in each specific case that:
(1) 
The granting of the waiver 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;
(2) 
The conditions upon which the request for a waiver is based are unique to the property for which the waiver is sought and are not applicable generally to other property;
(3) 
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 Code is carried out;
(4) 
The waivers will not in any manner vary from the provisions of Chapter 44 of the Bloomington City Code, 1960, as amended (Zoning Regulations) unless such waiver has previously been granted by the Zoning Board of Appeals.
[Ord. No. 1998-42]
B. 
Conditions. In approving waivers, the City Council may require such conditions as will in its judgment, secure substantially the objectives of the standards or requirements of the Code.
[Ord. No. 1998-42]
C. 
Procedures. A petition for any such waiver shall be submitted in writing by the owner at the time when the Preliminary Plan is filed for the consideration of 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 waivers from the regulations of this Code in specific cases which, in the Planning Commission's opinion, meet the standards for granting waivers as provided in Subsection A.
[Ord. No. 1998-42]
A. 
It shall be unlawful for any person, firm or corporation to subdivide any land within the corporate limits of the City of Bloomington or any unincorporated area within 1 1/2 miles of the City's corporate limits and meets the guidelines outlined in the intergovernmental boundary line agreement between the City of Bloomington, Illinois and the Town of Normal, Illinois dated July 14, 1986, without following the procedures, satisfying the requirements and meeting or exceeding the standards specified in this Code, provided however, the provisions of this Code 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 of entity, as a single parcel, to some other person, group of persons, firm or entity.
(2) 
To the offer, sale or conveyance of one or more lots of record.
(3) 
To the sale or exchange of parcels of land between the owner of adjoining and contiguous property which, if subject to the requirements of this Code, would not necessitate the dedication of public right-of-way or installation of public utilities; provided that such transfer shall not create a lot which does not meet minimum requirements of this Code.
(4) 
To conveyances made to correct discrepancies in prior conveyances.
(5) 
To 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) 
To conveyances of land the principal use of which is presently agricultural and intended to be used principally for future agricultural purposes.
B. 
In addition, it shall be unlawful to 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 Ordinance if the lot had been subdivided from a larger parcel immediately prior to such development, construction, use or improvement.
C. 
The obligation to comply with this Subdivision Code will be waived by the City where units are created pursuant to the Illinois Condominium Property Act[1] except where "foot-print" lots are created which are equal to or larger than the individual units and a fee interest is conveyed in the underlying property.
[Ord. No. 1998-42]
[1]
Editor's Note: See 765 ILCS 605/1 et seq.
D. 
It shall be unlawful for any person, firm or corporation to develop, build on, use or improve any parcel or lot within the corporate limits of the City of Bloomington or any unincorporated area within 1 1/2 miles of the City's corporate limits without following the procedures, and satisfying the requirements and meeting or exceeding the standards specified in this Code, or without meeting the requirements of the City's Planned Unit Development Code. It being the intent of this section to apply to all types of development both within the corporate limits and areas lying within 1 1/2 miles of the corporate limits of the City of Bloomington.
[Ord. No. 2003-107]
[Ord. No. 1998-42]
Any person found guilty of violation, disobeying, omitting, neglecting or refusing to comply with, or resisting or opposing the investigation or enforcement of any of the provisions of this Code, upon conviction thereof shall be punished by a fine of not less than $50 nor more than $300 for the first offense and not less than $50 nor more than $500 for the second and each subsequent offense in any one-hundred-eighty-day period; provided, however, that all actions seeking the imposition of fines only shall be filed as quasi-criminal actions subject to the provisions of the Illinois Civil Practice Act.[1] A separate and distinct offense shall be regarded as committed each day upon which said person shall continue any such violation, or permit any such violation to exist after notification or knowledge of the existence thereof.
[1]
Editor's Note: See 735 ILCS 5/1-101 et seq.
[Ord. No. 1998-42]
Whenever any trustee of a land trust, or any beneficiary of beneficiaries of a land trust make application to the City of Bloomington for approval of a subdivision code under this Code relating to the land which is the subject of such trust, such application shall identify each beneficiary of such land trust by name and address and define his/her interest therein as required by Chapter 765 ILCS 405 of the Illinois Compiled Statutes. All such applications shall be verified by the applicant in his/her capacity as trustee, or by the beneficiary as a beneficial owner of interest in such land trust. If such application is filed by a body politic or other corporate entity, it shall be verified by a duly authorized officer of such body politic or other corporate entity for whom such application is made. Such verifications shall be in the form of one of the examples cited in Exhibits "A-2" and "A-3" (located in Manual of Practice).[1]
[1]
Editor's Note: The Manual of Practice is included as an attachment to this chapter.