[1975 Code § 22.01]
For the purpose of the present and future development of the City, and for the promotion of the public health, and the safety, comfort, morals and welfare of persons living within the territory governed, the provisions and regulations of this title which shall govern the subdividing and platting of lands lying within the corporate limits of the City as now or hereafter existing or within the area of jurisdiction of the City as now or hereafter established under the provisions of the statutes of the state, are hereby adopted as part of the official plan of the City.
[1975 Code § 22.01; amended by 2003 Code]
The following rules shall apply to the text of this title:
A. 
The particular shall control the general.
B. 
In case of any difference of meaning or implication between the text of this title and any caption or illustration, the text shall control.
C. 
The word "shall" is always mandatory, whereas the word "may" is permissive.
D. 
Words used in the present tense shall include the future; and words used in the singular shall include the plural, and the plural, the singular, unless the context clearly indicates the contrary.
E. 
A "building" or "structure" includes all parts thereof.
F. 
The phrase "used for" includes "arranged for", "designed for", "maintained for", and/or "occupied for".
G. 
The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
H. 
The conjunction "and" indicates that all the connected items, conditions, provisions, or events shall apply; "or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination. "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.
I. 
All measured distances shall be to the nearest integral foot; if a fraction is 1/2 foot or more, the integral foot next above shall be taken. If a fraction is less than 1/2 foot, the integral foot next lower shall be taken.
J. 
The masculine gender includes the feminine and neuter.
K. 
The following words, phrases and terms, wherever they occur in this title, shall be interpreted as herein defined:
AGRICULTURAL USES
Land, including necessary buildings and structures, which shall be used for agriculture including, but not limited to, farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry, as well as the necessary accessory uses; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
ALLEY
A public way which affords only secondary means of access to abutting properties.
BUILDABLE AREA
The portion of a lot remaining after the setback requirements (front, rear and side) have been fulfilled.
BUILDING
Any structure which is built for the support, shelter, or enclosure of persons, animals, or moveable property of any kind which is more or less permanently affixed to the land. Mobile homes and other items assessed as personal property shall not be construed as a building or structure.
BUILDING AREA
The area bounded by the exterior dimensions of the outer walls at the ground line.
CITY COUNCIL
The City Council of the City of Le Roy, Illinois.
CURB LEVEL
The level of the established curb in front of a building or structure measured at the center of such front. Where no curb level has been established, it shall be deemed to be the established level of the center line of the street surface in front of a building or structure measured at the center line of such front.
DISTRICT, ZONING
Any portion of the City for which the zoning regulations govern the use of buildings and premises, the height of buildings, and the size of yards. The intensity of uses are uniform within each district.
DWELLING
A building or portion thereof which is designed for or used for residential purposes.
DWELLING UNIT
A room or group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family and not more than an aggregate of two roomers not so related, and which includes complete kitchen and bathing facilities permanently installed.
DWELLING, MULTIPLE-FAMILY (APARTMENT)
A building or portion thereof containing three or more dwelling units. The number of families in residence shall not exceed the number of dwelling units provided.
DWELLING, SINGLE-FAMILY
A detached residential dwelling unit, other than a mobile home, designed for and occupied by one family only.
DWELLING, TWO-FAMILY (DUPLEX)
A residential building containing two dwelling units.
FLOOR AREA, GROSS
For the purpose of determining requirements for off street parking and off street loading, the "floor area" shall mean the sum of the gross horizontal areas of the several floors of the building.
FRONTAGE
All the property abutting or adjoining any street or highway right of way.
LOT
A measured parcel of land having fixed boundaries and designated on a plot or survey.
LOT AREA
The computed area contained within the lot lines.
LOT DEPTH
The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT LINE
A property boundary line of any lot held in single or separate ownership; except, that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right of way line.
LOT LINE, FRONT
That boundary of a lot which is along an existing or dedicated street. The owner of a corner lot may select either street lot line as the front lot line.
LOT LINE, REAR
That boundary of a lot which is most distant from and is, or is approximately, parallel to the front lot line. If the rear lot line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE
Any boundary of a lot which is not a front or rear lot line.
LOT OF RECORD
A lot which is part of a subdivision, the plat of which has been recorded in the office of the recorder of deeds of McLean County; or a parcel of land, the deed of which was recorded in the office of the recorder of deeds of McLean County prior to the adoption of this title.
LOT WIDTH
The mean horizontal distance between the side lot lines of a lot measured within the lot boundaries.
LOT, CORNER
A lot situated at the junction of two or more streets. For the purpose of determining yard requirements on corner lots, all sides of a lot adjacent to streets shall be considered as having front yards.
LOT, INTERIOR
Any lot other than a "corner lot" or a "through lot".
LOT, THROUGH (DOUBLE FRONTAGE LOT)
A lot having a pair of lot lines along two public streets which are more or less parallel, and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.
NOXIOUS MATTER
Material which is capable of causing injury or malaise to living organisms by chemical reaction, or is capable of causing detrimental effects upon the health or the psychological, social, or economic well-being of human beings.
OFF STREET LOADING SPACE
An on-the-property space for temporary parking of a commercial motor vehicle while loading and/or unloading merchandise or materials which has direct access to a street or alley. Such space shall be no less than 10 feet wide and 25 feet long, and shall have not less than 14 feet of vertical clearance, exclusive of access aisles and maneuvering space.
OFF STREET PARKING SPACE
1. 
An "off street parking space" shall consist of space adequate for parking an automobile with room for opening doors on both sides, together with a properly related driveway of an all weather surface for ingress and egress with access to a public street or alley. Said space may be a garage, carport, or open space with all weather surface of not less than 200 square feet.
2. 
In all districts there shall be provided, at the time any residential dwelling is erected, at least one off street parking space in the side or rear yard for each dwelling unit. No parking will be permitted in a front yard, required or otherwise, except in a driveway in any district on a lot with a residential structure.
PARK
Any publicly owned park, playground, parkway or roadway within the jurisdiction of the City of Le Roy or any other park or playgrounds not operated for profit.
PARKING SPACE
An all weather surfaced area of not less than 200 square feet, either within a structure or unenclosed, exclusive of driveways or access drives, for the parking of one motor vehicle. Required off street parking areas for three or more automobiles shall have individual spaces marked, and shall be so designed, maintained, or regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another.
SMALL TRACT
One-half acre or less.
STREET (AVENUE, PLACE, ROAD, TERRACE, PARKWAY, BOULEVARD, COURT, OR LANE)
A public right of way (property line to property line, being all of the area between the right of way lines of the designated streets) which affords a primary means of access to abutting property.
STRUCTURE
Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, "structures" include buildings, walls, fences (portable type fencing capable of enclosing an area of up to 100 square feet shall not be considered a "fence" or "structure"), billboards and poster panels, but in no case shall be deemed to include mobile homes or awnings when such awnings are attached to a principal or accessory structure located on the premises.
SUBDIVISION
The dividing of a tract of land into two or more lots, tracts or sites for the purpose, either immediate or future, of sale or building development or a resubdivision for any such purpose.
YARD
An open space on a lot which is unoccupied and unobstructed from its lowest level to the sky. A "yard" extends along a line and at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such lot is located.
YARD, FRONT
A yard extending along the full width of the front lot line between side lot lines. Corner lots and through lots, and yard, front (double frontage lots) shall maintain a front yard along all street frontages.
YARD, REAR
The portion of the yard on the same lot with the principal building, located between the rear line of the building and the rear lot line and extending for the full width of the lot.
YARD, SIDE
A yard extending along a side lot line between the front and rear yards, except a lot line along a street, in which event said lot line is deemed a "front lot line", and there shall be no side yard along said lot line, instead said yard shall be considered a "front yard". In the case of a corner lot, the side yard shall be that yard not required to be a front yard, and not being the rear yard as rear yard is herein defined.
[1975 Code § 22.07; amended by 2003 Code]
A. 
Lands subject to flooding and land deemed to be topographically unsuitable should not be subdivided for residential purposes, nor for such other uses as may increase danger to health, life or property, or aggravate erosion or flood hazard.
B. 
The Council shall not approve the subdivision of land if, upon adequate investigation and the opinion of the City Administrator or his designee, it has been determined that in the best interest of the public, the site is not suitable for subdivision and development of the kind proposed.
[1975 Code § 22.09; amended by 2003 Code]
After December 13, 1973, no lot or tract of land located within the City or within the area of jurisdiction of the City, and which contains an area of more than 1/2 acre or 21,780 square feet shall be divided or redivided in any manner into two or more lesser tracts for building site purposes without subdividing or resubdividing and platting such tract in the manner provided by the statutes of the state.
[1975 Code § 22.02]
After December 13, 1973, no plat of any subdivision shall be valid nor entitled to record unless and until the same has been approved by the Council in accordance with the procedure provided in this title, and no plat of a subdivision shall be approved without compliance with the standards of design and improvements required in this title.
[1975 Code § 22.08; amended by 2003 Code]
A. 
If any plat of a subdivision contains public streets or thoroughfares which are therein dedicated as such, whether located within the corporate limits of the City or outside thereof, or contains existing streets outside the corporate limits, the approval of the plat by the City Council or the subsequent annexation of the property to the City shall not constitute an acceptance by the City of such streets or thoroughfares, nor of the improvements constructed or installed thereon or therein, irrespective of any acts by any officer, agent or employee of the City with respect to such streets or improvements. The acceptance of such streets or thoroughfares shall be made only by the adoption of a resolution by the City Council after there has been filed with the City Clerk a certificate by the City Administrator or his designee certifying that all improvements required to be constructed or installed in or upon such streets or thoroughfares in connection with the approval of the plat of subdivision by the City Council, have been fully completed and the construction or installation thereof has been approved by him.
B. 
No permanent connection shall be made or maintained with the sanitary or storm sewer or water supply system of the City to serve property within the subdivision until the certificate by the City Administrator or his designee as hereinabove provided has been filed, and not until any money owing to the City for permit fees for the connections with said systems or any of them have been paid.
[1975 Code § 22.10]
When there is presented to the City Council for approval a plat of subdivision or resubdivision of a small tract of land, if the Council, after consideration thereof, is of the opinion that the intent and purpose of the provisions of this title are not violated by such plat, and the construction of the improvements herein required cannot be reasonably enforced, the Council may waive the application or enforcement of the provisions of this title and approve such plat, without requiring further procedure.
[1975 Code § 22.05]
A. 
Variances Authorized: Where the subdivider can show that a provision of the standards of design or required improvements as set forth in Chapters 11-3 and 11-4 of this title would cause unnecessary hardship if strictly adhered to, and where, because of topographical or other conditions peculiar to the site or surrounding condition, and in the opinion of the Council, a departure may be made without destroying the intent of such provisions, the Council may approve a variance.
B. 
Application For Variance: Any subdivider/developer desiring a variance from the requirements of this title shall file a written application therefor with the code compliance officer at the same time that he files his preliminary plat. The application shall fully explain the grounds for the variance request, and specify the sections of this title which, if strictly applied, would cause great practical difficulties or hardship.
C. 
Advisory Report: The code compliance officer shall prepare an advisory report on every variance application and submit it, together with the completed application, to the City Council.
D. 
Action By City Council; Variance Standards: At the same meeting at which they take action on the application for preliminary plat approval, the City Council shall decide by resolution whether to grant or deny the requested subdivision variance. A copy of their decision, clearly stating their reasons therefor and the exact terms of any variance granted, shall be attached to both the preliminary and final plats. The City Council shall not grant any subdivision variance unless, based upon the information presented to them, they determine that:
1. 
The proposed variance is consistent with the general purposes of these regulations; and
2. 
Strict application of the subdivision requirements would result in great practical difficulties or hardship to the applicant, not a mere inconvenience; and
3. 
The proposed variance is the minimum deviation from the subdivision requirements that will alleviate the difficulties/hardship; and
4. 
The plight of the applicant is due to peculiar circumstances not of his own making; and
5. 
The peculiar circumstances engendering the variance request are not applicable to other tracts, and a variance would be a more appropriate remedy than an ordinance amendment; and
6. 
The variance, if granted, will not materially interfere with implementation of the official plan including the official map.
E. 
Conditions Of Variance: In approving variances, exceptions, or waivers of conditions, the City Council may require such conditions as will, in its judgment, secure substantially the purposes described in Section 11-1-1 of this chapter.
[Amended by 2003 Code]
F. 
Approved Variances Recorded In Council Minutes: Any variance approved shall be stated in writing in the minutes of the Council with the reasoning set forth upon which the variance was considered justified.
[1975 Code § 22.11; amended by 2003 Code]
The City Council, by resolution, shall hire the code compliance officer, and it shall be his duty to enforce the provisions hereof. The code compliance officer may call upon any department or official of the City to furnish him with such information and assistance as he may deem necessary for the observance or enforcement of this title, and it shall be the duty of such department or officer to furnish such information and assistance whenever required.
[1975 Code § 22.12; amended by 2003 Code]
Any person or corporation who shall violate any of the provisions of this title shall be subject to penalty as provided in Title 1, Chapter 1-4, of this Code for each violation. Each day that such violation continues after such fine has been assessed shall constitute a separate offense.