January
2006
FINAL DRAFT
(PROPOSED)
LaSalle
Prepared By:
The
Don Kaminky, Chairman
Ken Stockley
Dale McConville
Gary Small
Don Jordon
Joe Savitch
John Hughes
Jim Maierhofer
Robert Miller
Assisted
by:
Troy D.
January
2006
TABLE
OF CONTENTS
CHAPTER 1 TITLE
Sec. 1.0 TITLE 1
CHAPTER 2 PURPOSE
Sec.
2.0 PURPOSE
CHAPTER 3 RULES
Sec.
3.0 RULES 2
Sec. 3.1 DEFINITIONS 2
CHAPTER 4 GENERAL
PROVISIONS
17
Sec.
4.0 INTERPRETATION 17
Sec. 4.1 SEVERABILITY 17
Sec. 4.2 SCOPE OF REGULATIONS 18
Sec. 4.3 BULK
Sec. 4.4 LOT COVERAGE 21
Sec. 4.5 PERMITTED PROJECTIONS - YARDS 22
Sec. 4.6 FENCES, WALLS,
Sec. 4.7 SPECIAL EVENTS
Sec. 4 8 SEWAGE DISPOSAL
Sec. 4.9 ACCESSORY BUILDINGS, STRUCTURES,
Sec. 4.10 AIRPORTS
Sec. 4.11 AIRRIGHTS 24
Sec. 4.12 GROUP HOMES 25
Sec. 4.13
Sec. 4.14 ADULT BUSINESS USES 26
Sec. 4.15 ACCESSORY HOUSING 27
Sec. 4.16 HOME OCCUPATIONS 28
Sec. 4.17
Sec. 4.18 MINING 29
Sec.
4.19 BED AND BREAKFASTS 32
Sec.
4.20 OPEN SPACE
33
Sec. 4.21
ROADSIDE STANDS
33
CHAPTER 5 NONCONFORMING
BUILDINGS, STRUCTURES & USES 34
Sec. 5.0 PURPOSE 34
Sec. 5.1 AUTHORITY TO CONTINUE NONCONFORMING 34
BUILDINGS,
STRUCTURES
CHAPTER 6 ZONING
DISTRICTS
Sec. 6.0 ZONING DISTRICTS 37
Sec. 6.1 ZONING
Sec. 6.2 BOUNDARIES OF DISTRICTS 37
Sec. 6.3 DISCONNECTED TERRITORY 38
Sec. 6.4 EXEMPTIONS 38
Sec. 6.5 FACILITIES OF TELECOMMUNICATIONS CARRIER 38
CHAPTER 7 AGRICULTURE
DISTRICTS
39
Sec. 7.0 PURPOSE
Sec. 7.1 A-1 AGRICULTURE DISTRICT 41
Sec. 7.2 A-C AGRICULTURE CONSERVATION DISTRICT 48
i
CHAPTER
8 RESIDENCE
DISTRICTS 51
Sec.
8.0 PURPOSE
Sec. 8.1 RR RURAL RESIDENCE DISTRICT 53
Sec. 8.2 R-2 SINGLE FAMILY RESIDENCE
DISTRICT 57
Sec. 8.3 R-3 GENERAL RESIDENCE DISTRICT 62
CHAPTER
9 BUSINESS
DISTRICTS 68
Sec.
9.0 PURPOSE
Sec. 9.1 B-1 LOCAL BUSINESS DISTRICT 70
Sec. 9.2 B-2 GENERAL BUSINESS DISTRICT 74
CHAPTER
10 INDUSTRIAL DISTRICT
79
Sec.
10.0 PURPOSE
Sec. 10.1-1 INDUSTRIAL DISTRICT
81
CHAPTER
11 SIGN REQUIREMENTS
85
Sec. 11.0 PURPOSE 85
Sec. 11.1 DEFINITIONS 85
Sec. 11.2 GENERAL PROVISIONS 87
Sec. 11.3 EXEMPT
Sec. 11.4 SPECIFIC SIGN REQUIREMENTS 88
CHAPTER
12 OFF STREET
PARKING
Sec. 12.0 GENERAL PROVISIONS, PARKING & LOADING 91
Sec. 12.1 OFF STREET PARKING 92
Sec. 12.2 SCHEDULE OF OFF STREET PARKING REQUIREMENTS 95
Sec.
12.3 OFF STREET PARKING CHART 100
Sec.
12.4 OFF STREET LOADING REQUIREMENTS
101
CHAPTER
13 STORM WATER
MANAGEMENT 104
CHAPTER
14 ADMINISTRATION
Sec. 14.0 ORGAN IZATION 105
Sec. 14.1 COUNTY PLANNING
Sec. 14.2 ZONING BOARD OF APPEALS 106
Sec. 14.3 COUNTY BOARD 107
Sec. 14.4 ZONING CERTIFICATES 107
Sec. 14.5 AGRICULTURAL
SITE ASSESSMENT SYSTEM
Sec. 14.6 APPEALS 108
Sec. 14.7 PETITION APPLICATION PROCEDURES 108
Sec. 14.8 VARIATIONS 109
Sec. 14.9 AMENDMENTS 111
Sec. 14.10 SPECIAL USES 112
Sec. 14.11 PLANNED DEVELOPMENT 115
Sec. 14.12 PUBLIC HEARINGS 120
Sec. 14.13 ENFORCEMENT
Sec. 14.14 FEES 122
Sec. 14.15 ADOPTION CLAUSE-EFFECTIVE DATE
122
ii
PAGE
APPENDIX
123
ILLUSTRATION OF YARDS A-1
ILLUSTRATION OF TYPES OF LOTS A-2
ACCESSORY STRUCTURE
ILLUSTRATION -
ALLOWABLE YARD PROJECTION A-4
GUIDE TO HEIGHT DEFINITIONS A-5
ILLUSTRATION OF SIGHT TRIANGLES A-6
iii
CHAPTER 1 TITLE
SECTION
1.0. TITLE
This Ordinance shall be known, cited and referred to as the LaSalle County Zoning
Ordinance.
CHAPTER 2 PURPOSE
SECTION 2.0 PURPOSE
The LaSalle County Zoning Ordinance
adopted pursuant
to the provision of An Act in Relation to County Zoning (Chapter 55, Illinois
Compiled Statutes, Div. 5/5 - 12001 through 5/5 -12019), as amended, is intended to serve the following:
For the purpose of promoting the public
health, safety, morals, comfort and general welfare, conserving the values of
property throughout the County, lessening or avoiding congestion in the public
streets and highways, and lessening or avoiding the hazards to persons and
damage to property resulting from the accumulation or runoff of storm or flood
waters, the County Board shall have the power to regulate and restrict the
location and use of buildings, structures and land for trade, industry,
residence and other uses which may be specified by the Board, to regulate and
restrict the intensity of such uses, to establish building or setback lines on
or along any street, traffic way, drive, parkway or storm or floodwater runoff
channel or basin outside the limits of cities, villages and incorporated towns
which have in effect municipal zoning ordinances; to divide the entire County
outside the limits of such cities, villages and incorporated towns into
districts of such number, shape, area and of such different classes, according
to the use of land and buildings, the intensity of such use (including height
of buildings and structures and surrounding open space) and other
classification, as may be deemed best suited to carry out the purposes of this
Ordinance: to prohibit uses, buildings or structures incompatible with the
character of such districts respectively; and to prevent additions to and
alteration or remodeling of existing buildings or structures in such a way as
to avoid the restrictions and limitations lawfully imposed hereunder.
1
CHAPTER 3 RULES
SECTION
3.0. RULES
The language set forth in the text of this Ordinance shall be interpreted in
accordance with the following rules of construction:
A. Words
used in the singular number shall include the plural number and the plural
shall include the
singular.
B. Words used in the present
tense shall include the past tense and the future tense.
C. The word shall is
mandatory while the word may is permissive.
D. The masculine gender
includes the feminine and neuter.
E. The word person shall
include a firm, association, organization, partnership, trust, company or
corporation as
well as an individual.
F. All measured distances and
values shall be to the nearest integral number. If a fraction is one-half (1/2)
number or more,
the integral number next above shall be taken.
G. All distances, unless otherwise stated, shall be measured
horizontally.
SECTION 3.1. DEFINITIONS
Within the context of this Ordinance, the following words and terms shall have
the meaning set forth, except where otherwise specifically indicated. Words and
terms not defined shall have the meaning indicated by common dictionary
definition.
A. Is subordinate to and serves
a principal building, structure or principal use, and/or
B. Is subordinate in building
area, intensity of use or purpose to the principal building, structure or
principal
use served,
and/or
C. Contributes to the comfort,
convenience, or necessity of occupants of the principal building, structure or
principal use
served.
Accessory Unit: A group of rooms
which has complete, permanently installed kitchen and bath facilities and which
constitutes a dwelling within either a converted dwelling within any zoning
district or within a separate mobile home within the Agriculture District that
is separate from the primary unit.
Adjacent: The terms adjacent and
contiguous are used as synonymous terms, and mean lots located with the same
street frontage in contact with or touching another parcel of land, in
contradistinction to lying across a Street or alley therefrom.
Adult Bookstore and/or Video Store:
An establishment having as a significant or substantial portion of its stock in
trade books, magazines, or periodicals or other printed matter, and/or
photographs, films, motion pictures, video cassettes, slides, tapes, records or
other forms of visual or audio representations which are distinguished or
characterized by their emphasis on matter depicting, describing or relating to
Specified Sexual Activities or Specified Anatomical Areas.
Adult Business Use: The use of property for the operation of a
Massage Parlor and/or Bathhouse, Massage School, or any use of which a
significant or substantial portion involves an activity distinguished or
characterized by its emphasis on matters depicting, describing or relating to
Specified Sexual Activities or Specified Anatomical Areas, including but not
limited to the operation of Adult Bookstore and/or Video Store, Adult
Mini-Motion Picture Theater, Adult Motion Picture Theater, Adult Motion Picture
Arcade, Adult Motel, Adult Card and Gift, or Novelty Store. For the purposes of
this Ordinance an Adult Business Use shall not be deemed a retail business,
recreational or social facility, accessory use or general use.
2
Adult Card, Gift, or Novelty Store:
An establishment having a significant or substantial portion of its stock in
trade items, such as cards, games, articles of clothing and novelties, which
are distinguished or characterized by an emphasis on depicting or describing
Specified Sexual Activities or Specified Anatomical Areas.
Adult
Mini-Motion Picture Theater: An enclosed building or any portion or
portions thereof having a capacity from six (6) to fifty (50) persons, where,
for any form of consideration (including a coin or token inserted into a coin
or token operated projector, video screen, or other image producing device),
patrons may view films, motion pictures, video cassettes, slides or similar
photographic electronic reproductions in which a significant or substantial
portion of the total presentation time is devoted to the showing of materials
that are distinguished by an emphasis on matter depicting, describing or
relating to Specified Sexual Activities or Specified Anatomical Areas.
Adult Motel: A hotel, motel or
similar commercial establishment which:
A. Offers accommodations to the
public for any form of consideration; provides patrons with closed circuit
television
transmissions, films, motion pictures, video cassettes, slides, or other
electronic or photographic reproductions which are characterized by the
depiction or description of Specified Sexual Activities or Specified Anatomical
Areas; and has a sign visible from the public right-of-way which advertises the
availability of such transmissions, films, motion pictures, video cassettes,
slides, or other photographic reproductions; or
B. Offers a sleeping room for
rent for a period of time that is less than eight (8) hours; or
C. Allows a tenant or occupant
of a sleeping room to sub-rent the room for a period of time that is less than
eight (8) hours.
Adult Motion Picture Arcade: An
establishment in which electronic, electrical, or mechanical still or slide
projectors, motion picture projectors, video screens, closed circuit television
transmissions or other image-producing devices operable by insertion of a coin
or token or for other consideration are maintained for presentation of images
to five (5) or fewer persons at a single time per such device and where images
presented are distinguished or characterized by an emphasis on depicting or
describing Specified Sexual Activities or Specified Anatomical Areas.
Adult Motion Picture Theater: An
enclosed building with a capacity of fifty (50) or more persons where,
for any form of consideration, patrons may view closed circuit television
transmissions, films, motion pictures, video cassettes, slides or similar
electronic or photographic reproductions in which a significant or substantial
portion of the total presentation time is devoted to the showing of materials
which are distinguished or characterized by an emphasis on matter depicting or
relating to Specified Sexual Activities of Specified Anatomical Areas.
Agriculture: The growing of farm
crops, truck garden crops, animal and poultry husbandry, apiculture,
aquaculture, dairying, floriculture, horticulture, nurseries, tree farms, sod
farms, pasturage, viticulture, and wholesale greenhouses, and accessory uses
customarily incidental to agricultural activities. Agriculture also includes
the growing, developing, processing, conditioning, or sale of hybrid seed corn,
seed beans, seed oats, or other farm seeds. Agriculture does not include the
extraction of sand, gravel or limestone, even if such activities are related to
an agricultural purpose.
AGRICULTURE,
AS DEFINED HEREIN, IS EXEMPT FROM THE REGULATIONS OF THIS ORDINANCE AS PROVIDED
IN SECTION 6.4 EXEMPTIONS.
Airport-Heliport, Private Commercial: An area
of land or water that is used or designed for the landing and take off of
aircraft, of any type, that is used
for commercial
purposes and includes its areas, buildings and/or facilities for the shelter, servicing
or repair of aircraft and the areas, buildings and/or facilities used for crop
dusting/spraying, skydiving, hang gliding, glider flying or flying of
experimental aircraft of any kind.
Airport-Heliport, Private Restricted
Landing Areas: Any area of land, water, or both, which is used or is made
available for landing and take off of aircraft, but is restricted by the
owner/occupant and not used for commercial purposes.
Airport-Heliport, Public Commercial--Any
area of land, water, or both, used for the landing and take-off of aircraft,
used for commercial purposes, which facilities have one or both of the
following characteristics: 1) an unrestricted landing area open to the public
and/or 2) receives or discharges passengers or cargo. Areas, buildings and/or
facilities for the shelter, servicing or repair of aircraft are included.
3
Air Rights: Air Rights for the purpose of this Ordinance shall
mean the ownership or control of all land or property, and that area of space
at and above, a horizontal plane over the ground surface of land utilized for
railroad or street rights-of-way. The horizontal plane shall be established at
a height, which is reasonably necessary or legally required for the full and
free use of the ground surface.
Amusement Arcade (Game Room): Any
establishment containing more than four (4) mechanical, electronic, and/or coin
operated amusement devices and/or games operated on the premises for the
amusement of the general public whether or not operated as a principal use.
Amusement Device: Any machine, game,
table, or device which is designed, intended or used as entertainment, and may
be operated by the public upon the insertion of a coin or token, or the use of
which is made available for any valuable consideration and is not considered a
gambling device by the Illinois Compiled Statutes. Amusement device shall
include, but not be limited to, devices commonly known as pinball machines,
pool tables, video games, electronic games, kiddy rides, mini-theaters
projection devices and video screens, and all games or operations similar
thereto, whether or not registering a score under whatever name they may be
indicated. Not included within the definition of amusement device are such
devices as food, soft drink and cigarette vending machines.
Area, Gross: The gross area of a
parcel or development site is the area in square feet/acres, in fee ownership,
excluding all peripheral rights-of-way.
Automobile Laundry (Car Wash): Any
drive-in or drive-through facility where motor vehicles are washed with the use
of a conveyor and blower, or other cleaning devices, or a facility providing
space, water and equipment for the hand washing of motor vehicles, whether by
customer or the operator.
Automobile Service Station (Gas
Station): Any building or premises used for dispensing or offering for sale
of automotive fluids or oils having pumps and underground storage tanks: also,
where battery, tire and other similar services are rendered, but only if
rendered wholly within a building. When
dispensing, sale or offering for sale of any fluids or oils is incidental to
the conduct of an automobile repair garage, the premises shall be classified as
an automobile repair garage. Automobile service stations shall not include the
sales or storage (new or used) of automobiles, trailers, or other vehicles.
Automobile Wrecking Yard: Any place
where one (1) or more motor vehicles not in operating condition,
or the parts thereof are stored in the open and are not being restored to
operation: or any land, building or structure used for the wrecking or storing
of such automobiles or the parts thereof
Basement: That portion of a building
having one-half (1/2) or more of its height above the average grade of the
adjoining ground. A basement shall be counted as a story for the purpose of
height measurement.
Basement (Sub): That portion of a building having more than one-half
(1/2) of its height below the average grade of the adjoining ground. A
subbasement shall not be counted as a story for the purpose of height
measurement.
Bed and Breakfast Establishment: An
owner occupied residence providing overnight accommodations available to the
general public for compensation. Bed and breakfast establishments shall not
include hotels, motels, boarding houses, lodging rooms, or food service
establishments as defined in this Ordinance.
Bay: A principal
compartment of the walls, roof or other main structural component of a building
or of the whole building.
Bay Window: A window, or series of
windows, unsupported by a full foundation projecting outward from the wall of a
building used to enhance the beauty, not size, of the building.
Blending Facility: Facility that
acquires inedible by-products of bodies or parts of bodies of dead animals (but
excludes the use of entire bodies of dead animals), poultry or fish, or used
cooking oils, for the purpose of blending them to obtain a desired percentage
of protein, degree of quality or color for use in animal feed, poultry feed, or
fertilizers.
Buildable Area: The area remaining
on a lot after all yard requirements have been complied with.
4
Building: Any structure
constructed partially or wholly above ground with a permanent roof separated on
all sides from adjacent open space by walls, built for the shelter or enclosure
of persons, animals, chattels, or property of any kind. The term includes both
the above ground and below ground portion of the structure.
Building, Attached: A building is
considered attached to another building only when the attachment satisfies the
following minimum criteria.
A. Is constructed on a forty-two
(42) inch deep foundation, and
B. Is enclosed by a roof and
permanent walls, and
C. Is at least six (6) feet
wide.
Building, Detached: A building
surrounded by open space on the same lot as a principal building.
Building
Height:
The vertical distance measured from average grade level at the front elevation
of such building to:
A. The
highest point of the roof surface or the parapet, whichever is the greater, of
a flat roof.
B. The decline of a mansard
roof, and
C. The mean level between the
eaves and ridge of a gabled hip, gambrel roof or other type of pitched roof.
In calculating the height of a building,
any construction used as an ornament or for the mechanical operation of the
building such as a penthouse, or a chimney, tower, cupola or steeple shall not
be included, For illustration, refer to the appendix of this document.
Building or Structure, Nonconforming:
Any lawfully constructed building or structure which, on the effective date of
this Ordinance, does not comply with all of the applicable regulations of the
Zoning District in which such building or structure shall be located.
Building, Principal: A non-accessory building which the primary use
of the lot on which it is located is conducted.
Building, Structure or use, Nonconforming
(Special flood Hazard Area): Any lawfully established building, structure
or use which, on the effective date of this Ordinance, does not comply with all
of the applicable storm water regulations.
Bulk: The term used to indicate the
size and setbacks of buildings or structures and the location of same with
respect to
one another and includes the following:
A. Size and height of buildings
and structures.
B. Location of exterior walls
at all levels in relation to lot lines, streets or to other buildings.
C. All open spaces allocated to
buildings.
D. Amount of lot area provided
per dwelling unit.
E. Lot width and area.
Cemetery: A parcel of land or
structure dedicated to, and at least a portion of which is being used for
internment of human remains. A cemetery may include administrative buildings,
columbariums and maintenance shops.
Cemetery, Pet: A parcel of land or
structure dedicated to, and at least a portion of which is being used for the
internment of animal or pet remains. A pet cemetery may include an
administrative building, chapel, crematory and maintenance shop.
Child Care Services: (See
Definitions, Residential Care)
Clinic: A building containing an
individual practitioner or an association or groups of physicians, dentists,
clinical psychologists, or similar professional health care practitioners,
including assistants. The clinic may include apothecary, dental and medical
laboratories, and/or X-ray facilities, but shall not include inpatient care or
operating rooms for major surgery.
Club or Lodge, Private: A group or association of persons who are bona fide
members paying dues, and owns, hires, or leases a building or portion thereof;
the use of such premises being restricted to members and their guests. A board
of directors, executive committee, or similar body chosen by the members
conducts the affairs and management of private clubs or lodges. It shall be
permissible to serve food and meals on the premises, provided adequate dining
room space and kitchen facilities are available. The sale of alcoholic
beverages to members and their guests shall be allowed provided it is secondary
and incidental to the promotion of some other common objective of the
organization, and further provided that the sale of alcoholic beverages is in
compliance with applicable federal, state, and county laws.
Cluster Development: An alternative
development technique for single family homes where individual lot size is
reduced in direct ratio to areas set aside within the development for water,
other natural features and common open space.
5
Commercial
use/Establishment:
Any use or establishment is considered Commercial when goods, products or
services are provided for remuneration, whether to the consuming public
(retail) or to other businesses (wholesale) or to farmers, but does not include
agricultural uses which are exempt from the zoning regulations, except for
setback regulations as provided herein.
Composting Facility: A location for
altering the organic materials in yard waste, leaves, grass clippings, shredded
tree limbs, and other similar materials.
Comprehensive Plan: A plan for
County: The County of
Converted Dwelling:
A single family dwelling which has been converted into one (l)primary unit and
one(l) accessory unit.
Density, Gross: The numerical value
used as a measurement for the general intensity of a residential development.
Gross density is obtained by dividing the total number of dwelling units in a
development by the gross area (in acres) within the development; the result is
the number of dwelling units per gross acre of land.
Density, Net: The numerical value
used as a measurement for the specific intensity of that portion of a
development upon which buildings are placed. Net density is obtained by
dividing the total number of dwelling units in a development by the net area
(in acres) within the development: the result is the number of dwelling units
per net acre of land.
Developmental Disability: A
disability attributable to mental retardation, cerebral palsy, epilepsy,
autism, dyslexia, or similar physical or mental conditions which is manifested
in the early stages of life and is expected to continue indefinitely.
Director,
Drive-In or Drive-Through Establishment:
Any place of business operated for the sale and purchase at retail of food and
other goods, or the rendering of services which facility is designed and
equipped so as to allow its patrons to be served or accommodated while
remaining in their motor vehicle.
Driveway: A pathway for motor
vehicles from a street to a building, structure or parking area.
Dwelling: A building, or portion
thereof, designed or used exclusively for residential occupancy including
single family dwellings, two family dwellings, and multiple family dwellings,
but not including mobile homes, hotels, motels, or lodging houses.
Dwelling, Group Quarters: Group
quarters, not a family as defined herein, are living arrangements for groups
of people containing more than five (5) persons not related by blood, marriage,
adoption. or guardianship. Group quarters shall not include group homes for the
handicapped or persons fifty-five (55) years of age or older which have
eight (8) persons or less plus their resident staff. Group quarters are most
frequently contained within the following terms and phrases:
GROUP QUARTERS
Church Oriented Schools Boarding Primary/Secondary
Schools -
Convents Religious
Retreats
Drug Abuse Centers Boarding Seminaries
Emergency Shelter (family) Sorority
Houses
Fraternity Houses YMCA
-- Residence Rooms
Monasteries
Orphanages 6
Dwelling,
Multiple Family: A
building, or portion thereof, consisting of three (3) or more dwelling units of
any type. Dwelling, Single Family: A building containing a single dwelling unit
only, which is separated from all other dwellings by open space.
Dwelling,
Two Family:
A building consisting of two (2) dwelling units either attached, side by side,
or one above the other, with each dwelling unit having a separate entrance.
Dwelling Unit: One (I) or more rooms
designed, occupied or intended for occupancy as separate living quarters, with
cooking, sleeping and sanitary facilities provided within the dwelling unit for
the exclusive use of a single family maintaining a household.
Easement: An authorization or grant
by a property owner to a third party, for use by the third party for one (1) or
more specific purposes, of any designated part of the owners property.
Excavating/Filling: Except as
hereinafter provided, excavation and/or filling shall mean any changing of the
grade or sub-grade of a tract of land by cutting, scraping, grading, trenching,
digging, filling-in, or otherwise reshaping the natural contour of the ground.
The following shall not be construed as excavating/filling:
A. Any cutting, grading,
trenching, digging, or backfilling of any foundation of a building or structure
approved for
construction.
B. Top dressing in an area of
existing homes, which top dressing does not change the drainage patterns, does
not disturb an
area greater than five (5) percent of the lot area or 2,000 square feet,
whichever is
smaller, and does
not exceed five (5) cubic yards of fill.
Cutting, grading, trenching, digging or backfilling of any septic site as part
of new construction shall be reviewed for drainage as part of the building
permit application, but shall not require drainage review by the County
Building Division when the area of ground disturbed is 2,000 square feet or
less.
Explosive Hazard: Materials which
decompose by detonation including, but not limited to, all primary explosives
such as lead azide, lead styphnate, fulminates and tetracene; all high
explosives such as
agents such as
perchloric acid, perchlorates, chlorates, and hydrogen peroxide in
concentrations greater than thirty-five (35) percent; and nuclear fuels,
fissionable materials and products, and reactor elements such as Uranium 235
and Plutonium 239. Materials which are included above will not be considered an
explosive hazard so long as they are used solely by the property owner/occupant
for the loading of gun shells for property owner/occupants personal use.
Family: One (I) or more persons
related by blood, marriage, adoption, or guardianship, or a group of not more
than five (5) persons not so related, including their domestic servants or
resident staff, maintaining a common household in a dwelling unit.
Family Farm Operation: A form of
business enterprise in which a family or more than one family, either as
individuals, or through a formal or informal partnership, corporation or other
entity engage in agriculture for attempted profit.
Fence: A structure used as a
boundary, screen, separation, and means of privacy, protection or confinement:
FENCE, OPEN: An open fence is one where visibility at right angles to any
surface thereof is not reduced by more than fifty (50) percent.
FENCE, SOLID: A fence including gates which conceals from view of adjoining
properties, open storage of materials, and/or operations conducted behind the
fenced area.
Floor
Area, Gross (Building or Buildings): The floor area of a building or
buildings shall be the sum of the gross
horizontal areas of the several floors of
such building or buildings, as measured from the exterior faces of exterior
walls, or from the centerline of party walls separating two (2) buildings. In
particular gross floor area shall include:
A. Basement as defined herein.
B. Floor space used for
mechanical equipment where the ceiling height exceeds seven and one-half (7-1/2)
feet, except
equipment open or
enclosed located on the roof, i.e., bulkheads, water tanks and cooling towers.
7
C. Attic
floor space where the ceiling height exceeds seven and one-half (7-1/2) feet.
D. Interior balconies and
mezzanines.
E. Enclosed porches, but not
terraces and breezeways.
F. Accessory buildings used
for other than off street parking.
The enclosed horizontal area in each floor of a principal building devoted to
off street parking and loading facilities shall not be included in the floor
area.
Food Service Establishment: Any place where food is prepared and intended for, though
not limited to, individual portion service, and includes the site at which
individual portions are provided. The term includes any such place regardless
of whether consumption is on or off the premises and regardless of whether
there is a charge for the food. The term also includes delicatessen type
operations that prepare foods intended for individual portion service. The term
does not include lodging facilities serving only a continental breakfast, (a
continental breakfast is one limited to only coffee, tea, and/or juice and
commercially prepared sweet baked goods), private homes or a closed family
function where food is prepared or served for individual family consumption,
retail food stores or the location of food vending machines.
Garage, Automotive Repair: Any
building, premises or zoning lot in which or upon which a business, service or
industry involving the maintenance, servicing, repair or painting of vehicles
is conducted or rendered.
Garage, Public: A building or
portion thereof, other than a private garage, used primarily for the parking or
storage of vehicles and available to the general public for compensation.
Golf Courses: Public, semipublic or
private golf courses where the game of golf is played, including accessory
buildings and land uses incidental thereto, and consisting of at least sixty
(60) acres for each standard nine (9) hole course; and thirty (30) acres for
each nine (9) hole Par-3 course.
Grade: A reference plane
representing the average finished ground level adjoining the building at all
exterior walls. When the finished ground level slopes away from the exterior
walls, the reference plane shall be established by the lowest point(s) within
the area between the building and the lot line or, when the lot line is more
than six (6) feet from the building, between the building, and a point located
six (6) feet from the building.
Group
Home:
A dwelling unit shared by no more than eight (8) persons not related by blood,
marriage, adoption or guardianship, plus their resident staff, who live
together as a single housekeeping unit and in a long-term family-like
environment in which staff persons assist in providing support, education and
participation in community activities for the residents with the primary goal
of enabling residents to live as self-sufficiently as possible in order to
function at their maximum potential. A group home may be shared by groups such
as, but not limited to, the handicapped or persons fifty five (55) years
of age or older, but shall not include halfway houses, hospices, or living
quarters which serve persons as an alternative to incarceration for a criminal
offense. Facilities in which the total occupancy exceeds the limits set in Sec.
4.12. shall be considered group quarters. (Additional requirements for group
homes are found in Sec. 4.12.)
Handicapped: Having a physical,
mental or emotional impairment which substantially limits one or more of such
persons major life activities; a record of having such impairment; or being
regarded as having such impairment. The term shall include, but not be limited
to; persons who are developmentally or physically disabled, the mentally ill,
recovering alcoholics, and those who are suffering from AIDS and other
diseases. Such term shall not include current, illegal use of or addiction to a
controlled substance (as defined in Section 102 of the Controlled Substances
Act, as amended (21 U.S.C. 802)) nor shall it include any person whose
residency in the home would constitute a direct threat to the health or safety
of other individuals or would result in substantial physical damage to the
property of others.
Health
Department: The Department of Health for the
Helicopter Landing Pad: A designated
area on the ground or on a building meeting the specifications of the Federal
Aviation Administration for the exclusive use of landing and takeoff of
helicopters, excluding any service buildings and refueling facilities.
Home Occupation: Any occupation or
profession engaged in by the occupant of a dwelling, where such home occupation
is incidental and secondary to the use of the dwelling for dwelling purposes.
Other requirements for Home Occupations are contained in Chapter 4 (See Sec.
4.16).
8
Hospital: Any institution,
place, building or agency, public or private, organized for profit or not,
devoted primarily to the operation and maintenance of facilities for the
diagnosis and treatment or care of two (2) or more persons admitted for
overnight stay or longer to obtain medical (including obstetric, psychiatric
and nursing) care of illness, disease, injury, infirmity, or deformity. The
term hospital, without regard to length of stay shall also include:
A. Any facility devoted
primarily to provide psychiatric and related services and programs for the
diagnosis and
treatment or care
of two (2) or more persons suffering from emotional or nervous disease.
B. A place where pregnant
females are received, housed, treated or cared for, during delivery
irrespective of the
number of
patients received.
The term hospital also includes general and specialized hospitals,
tuberculosis sanitarium, mental or psychiatric hospitals and sanitaria, and
includes maternity homes, and homes for unwed mothers where aid is given during
delivery.
Hotel: An establishment which is
open to transient guests. and which provides customary hotel services such as
maid service, the furnishing and laundering of linen, telephone desk service,
and the use and upkeep of furniture.
Household Domestic Animal: An animal
that is customarily kept for personal use and enjoyment and which may spend the
majority of the time in the living area of the dwelling unit. Household
domestic animals shall include, but not be limited to, pets, such as dogs and
cats. Such pets as canaries, parakeets, goldfish, tropical fish, hamsters,
gerbils and the like shall not be counted in the number of household domestic
animals allowed on a residential lot. The term shall not include dangerous
animals as defined herein or animals commonly found on a farm such as pigs,
chickens, cows or goats. The Director, County Zoning Department; shall
determine what animals, exotic, unusual or otherwise, do or do not qualify as
household domestic animals.
Inoperable Motor Vehicle: Any motor
vehicle from which, for a period of at least 15 days; the engine, wheels or
other parts have been removed, or on which the engine, wheels or other parts
have been altered, damaged or otherwise so treated that the vehicle is
incapable of being driven under its own motor power. The term shall not include
any motor vehicle that is kept within a building when not in use, any historic
vehicle over twenty five (25) years of age, a motor vehicle on the premises of
a place of business engaged in the wrecking or junking of motor vehicles, or a
motor vehicle which has been rendered temporarily incapable of being driven
under its own power in order to perform ordinary service or repair operations.
Integrated
Shopping Center:
Any group of two (2) or more business uses designed as a single business group,
whether or not located on the same lot; connected by party walls, partitions,
canopies or other structural members to form one (1) continuous structure, or
if located in separate buildings, are interconnected by walkways and access
ways designed to facilitate customer interchange between the uses; share a
common parking area; or otherwise present the appearance of one (1) continuous
business area.
Junk and Debris: An accumulation of
waste, scrap, discarded or salvaged materials, and or garbage and refuse
including, but not limited to, unusable or discarded appliances and home
furnishings, auto parts, rubber tires and landscape debris.
Junk Yard: An open area where
junk, waste, scrap, discarded or salvaged materials are brought, sold,
exchanged,
stored, baled, packed, disassembled, or
handled, including but not limited to, scrap iron and other metals, papers,
rags, rubber tires, and bottles. A junkyard includes automobile wrecking or
salvage yards, used lumberyards and places or yards for storage of salvaged
structural steel materials and equipment and machinery.
Kennel: Any premises or portion
thereof on which five (5) household domestic animals over six (6) months
of age are kept, maintained, boarded, bred, or cared for in return for
remuneration or are kept for the purpose of sale.
Lodging Room: A room rented as
sleeping and living quarters, but without cooking facilities and with or
without an individual bathroom. In a suite of rooms without cooking facilities,
each room that provides sleeping accommodations shall be counted as one (1)
lodging room.
9
On lots served by reserve strips the front lot line shall be that lot line
which is most nearly parallel with the dedicated street from which the reserve
strip originates.
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 LaSalle County; or a parcel of land, the deed to which was recorded
in the office of said Recorder pursuant to chapter 765 Illinois Compiled
Statutes Act 205 (Plat Act) and the LaSalle County Subdivision Control
Ordinance.
Lot,
Through:
A through lot is any interior lot which has a pair of opposite lot lines along
two (2) more or less parallel streets and which is not a corner lot. On a
through lot, both street lines shall be designated front lot lines shall be
provided as required.
Manufactured
Home: A dwelling unit where all or
parts of the dwelling unit are built off-site from the location where the home
is to be erected and then brought to the housing location and erected on site.
Massage or Practice of Massage: Any
method of applying pressure on or friction against or stroking, kneading,
rubbing, tapping, pounding or vibrating or stimulating the external soft parts
of the body with the hands or the aid of any mechanical or electrical apparatus
or appliance, with or without such supplementary aids as rubbing alcohol,
liniments, antiseptics, oils, powder, creams, lotions, ointments or other
similar preparations.
Massage Parlor and/or Bathhouse: Any
massage parlor; Turkish, steam, sauna, or other bathhouse; magnetic healing
institute; room; place; establishment; or institution where Massage is given or
offered by a Masseur or Masseuse.
Masseur or Masseuse: Any person who,
for any kind of consideration, engages in the practice of massage. The
following persons, however, shall not be considered to be Masseurs or Masseuses
when practicing Massage within the scope of their vocation, employment, course
of study or volunteer services:
A. Physicians, physicians
assistants, surgeons, podiatrists, chiropodists, osteopaths, chiropractors,
registered nurses,
practical nurses, physical therapists, barbers and
cosmetologists licensed, registered or
certified to practice in the State of
10
B. Athletic trainers for any athletic
program of a private or public school, college or university or for any
athletic team
regularly organized and engaging in competition.
C. Massage Therapists.
D. Any person enrolled in a school
or program, licensed by the State of
association, in medicine, osteopathy, chiropractic,
podiatry, nursing, physical therapy,
massage therapy, barbering or cosmetology.
E. Any counselor, instructor, employee,
or volunteer of the Young Mens Christian Association, Young Mens Hebrew
Association, Young Womans Christian Association and
Young Womans Hebrew
Association.
Massage Therapist: A practitioner of
massage therapy who holds a degree, diploma or certificate in massage therapy
from any school or course of study approved by a nationally recognized massage
therapy association or who is certified or otherwise recognized by such an
association to practice massage therapy.
Meat-Processing Plant (small and large):
Any building or premises used for killing or dressing of cattle, sheep, swine,
goats, deer, poultry or ostrich and the storage, freezing and curing of meat
and preparation of meat products. A small meat processing plant shall have a
cooler capacity of less than 5,000 square feet and shall be permitted to sell
the processed products on site. A large meat processing plant shall have a
cooler space of greater than 5,000 square feet.
Mini-Mart: A convenience shopping
establishment selling a limited stock of food and related items to the general
public. A mini-mart may be located in an automobile service station as a
Special Use or may be free standing (such as 7-1l, White Hen Pantry, etc.).
Mini-Warehouse: A building or group of buildings, located not less
than twenty (20) feet apart, in a controlled access and fenced compound that
contains varying sizes of individual, compartmentalized, and controlled access
stalls for
storage of goods or wares, excluding
toxic or corrosive substances. A mini-warehouse may have an office and a
dwelling unit for the person providing security services for the property, but
shall not have other uses such as repair, manufacturing, retail, service or
similar uses.
Mining, Surface: The extracting and/or processing of any
minerals or earth materials by removing the overburden lying above natural
deposits thereof, and extracting from the natural deposits thereby exposed or
the deposition of overburden therefrom for commercial purposes. Surface mining
shall not include extraction of minerals for property owners own noncommercial
use.
Mobile Home: Any dwelling unit not
built on a full, permanent foundation or: a structure designed for permanent
habitation, and so constructed as to permit its transport on wheels,
temporarily or permanently attached to its frame, from the place of its
construction to the location, or subsequent locations, at which it is intended
to be a permanent home and designed to permit the occupancy thereof as a
dwelling place for one (1) or more persons. Even if the structure rests on a
permanent foundation, with wheels, tongue, hitch and axle or lug bolts
permanently removed, it shall be construed as a mobile home.
Mobile Home, Independent: An
independent mobile home is a mobile home which has self contained toilet and
bath or shower facilities and is connected to public sanitary sewer and water
facilities.
Mobile Home Park: One or more tracts
of land upon which two (2) or more independent mobile homes are located for
permanent habitation either free of charge or for lease, rental or other
revenue purposes and shall include any building, structure, vehicle, open space
or enclosure used, or intended for use, as part of the property and equipment
of such mobile home park. A mobile home park shall not include an open sales
lot.
Motel: An establishment consisting
of a group of attached or detached living or sleeping accommodations with
bathroom and closet space, located on a single zoning lot and designed for use
by transient automobile tourists. A motel furnishes services such as maid
service and laundering of linen, telephone or desk service and the use and
upkeep of furniture.
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Motor
Freight Terminal:
A building or premise in which freight, brought by motor truck or railroad is
received, sorted, or stored for routing for local, intrastate and/or interstate
shipment by motor truck.
Motor Sports Park: Any property or
part thereof used for driving, riding or racing of motor vehicles, race cars,
go carts, motorcycles, All Terrain Vehicles (ATVs), snowmobiles or any such
similar vehicles which requires the participants in the driving, riding or
racing to pay remuneration or admission for participation in said activities or
a club or group that owns or maintains property or a part thereof for Motor
Sports Park activities and requires individuals to be a member of said club or
group in order to participate in said activities.
Nonconforming Use: (See Use,
Nonconforming).
Not For Profit Corporation: Any
chartered corporation where no part of the income is distributable to its
members, directors, or officers: provided, however, that the payment of
reasonable compensation for services rendered and the making of distributions
upon dissolution or final liquidation, as permitted by the General Not for
Profit Corporation Act of 1986 of the Illinois Compiled Statutes, as amended,
shall not be deemed a distribution of income.
Off Street loading Space or Berth:
An open or enclosed area other than a street, used for the loading and
unloading of goods or materials from motor vehicles and trailers. Design of
such space shall comply with Chapter 12 of this Ordinance.
Off Street Parking Space: A
space within a public or private parking area designed in accordance with the
requirements set forth in Chapter 12 of this Ordinance.
Open
Sales
Open Space: All land or water areas
not occupied by buildings, roads, parking, or private open areas. It includes
parkland and play areas, community garden plots, and service areas dedicated to
the public or designated or reserved for the sole use and enjoyment of the
people having a common proprietary interest in the development.
Open Space, Public: Any publicly
owned open area, including, but not limited to the following: playgrounds,
forest preserves, beaches, waterways, parkways, and streets.
Overburden: All of the earth and
other materials which lie above natural deposits of coal, clay, stone, sand,
gravel, or other minerals, and also means such earth and other materials
disturbed from their natural state in the process of surface mining.
Parking, Reservoir: An area allocated
to motor vehicles awaiting entrance to a drive-in establishment.
Planned Unit Development: A parcel
of land or contiguous parcels of land totally under the ownership of one (1)
landowner or a group of landowners in common agreement with respect to development
as a single entity compatible with the development of adjacent parcels.
Notwithstanding ownership, any property developed under a planned unit development
ordinance shall remain in conformance with the approved planned unit development
concept except as may be modified by ordinance of the
Primary Unit: That portion of a
converted dwelling that is not part of the accessory unit.
Public Use (area or building/structure):
A public use is a building, structure or parcel of land owned and operated for
the benefit of the people at large.
Recycling Facility: Any facility
where secondary materials are gathered, sorted, processed and/or stored before
shipment for use at an end market. Materials handled at a recycling facility
shall not have been stored with, or otherwise come in contact with, mixed
municipal solid waste. The term shall include, but not be limited to, such facilities
as intermediate processing facility, multi-material recycling center and
recycling buy-back center.
12
Rendering
Facility:
Facility which, for other than human consumption, collects, cooks and processes
entire bodies or parts of bodies of dead animals, poultry or fish, or used
cooking grease and oils, for the purpose of salvaging hides, wool, skins, or
feathers, and for the production of animal, poultry, or fish protein, blood
meal, bone meal, grease or tallow.
Rent and Subrent: When used in
reference to an Adult Motel, shall mean the act of permitting a sleeping room
to be occupied for any form of consideration.
Repairs (Nonconforming Buildings,
Structures and Uses): Repairs shall include the replacement of storage
tanks required for the operation of the principal building, where safety of
operation of the installation requires such replacement, and other replacements
of, or substitutions for, machinery or equipment not involving structural
alterations to the building or structure, except as herein provided.
Residential Care:
1. More than three (3) children in a
family home, or,
2. More than sixteen (16) children
in a facility other than a family home.
during the day in order to remain active in their
community.
GROUP
children as determined by the
Department of Children and Family Services for less than twenty-four (24) hours
per
day. The number counted includes the familys
natural, adopted and foster children under the age of twelve (12).
All residential care facilities shall comply with all licensing requirements of
the State of
Reserve Lot (flag
Roadside Stand: A structure for the
display and sale of agricultural products, at least a part of which are raised
or grown on the property where such structure is located.
Sanitary Landfill: A facility
permitted by the Illinois Environmental Protection Agency (I.E.P.A.) for the
disposal of waste, on land meeting the requirements of the Resource
Conservation and Recovery Act. (P.1. 94-580) and regulations thereunder, and
shall operate in such a manner as to minimize nuisances or hazards to the
public health, safety, and welfare by confining the refuse to the smallest
practical volume and covering it with a layer of earth at the conclusion of
each days operation, or by such other methods and at such intervals as the
County Board may provide by regulations.
Sewage System: A sewage system in
A. COMMUNITY PUBLIC SEWAGE
SYSTEM: A sewage system operated by a public agency or public utility and is
subject to regulations by the Illinois Environmental
Protection Agency (I.E.P.A.).
B. PRIVATE SEWAGE SYSTEM - NONRESIDENTIAL: A sewage system privately owned,
nonresidential, which
discharges effluent to a public sewage system, a
watercourse, or on-site.
C. PRIVATE SEWAGE SYSTEM
RESIDENTIAL: A sewage system, privately owned, residential, which discharges
effluent on-site or to a watercourse.
Signs: See Chapter. 11.0.
Special Event: Any temporary
occurrence involving a display, demonstration, performance, exhibition or
amusement lasting (30) days or less, being held on 5 acres or more in which
admission is charged or is otherwise being held for a commercial purpose which
includes, but is not limited to, festivals, concerts, carnivals, arts and crafts
shows, circuses, sporting events,
13
and
any other such similar occurrence or event.
A Special Event shall not include 4-H fair or gathering, family
reunions, auctions or charitable fund raising events.
Specified
Anatomical Areas:
A. Less
than completely or opaquely covered human genitals, pubic region, buttock, anus
or female breast below a
point immediately above the top of the areola; and
B. Human male genitals in a
discernibly turgid state even if completely or opaquely covered.
Specified Sexual Activities:
A. Human genitals in a state of
sexual stimulation or arousal;
B. Acts of human masturbation,
sexual intercourse, fellatio or sodomy;
C. Fondling, kissing or other
erotic touching of Specified Anatomical Areas;
D. Flagellation or torture in
the context of a sexual relationship;
E. Masochism, erotic or
sexually oriented torture beating or the infliction of pain;
F. Erotic touching, fondling
or other such contact with an animal by a human being; or
G. Human excretion, urination,
menstruation or vaginal or anal irrigation as part of or in connection with any
of the
activities set forth in A. through F. above
Stable, Private: An accessory
building located on a single-family residential lot to be used for housing
horses for the private use of the resident of the lot.
Street: An improved public or
private right-of-way or easement affording primary means of vehicular access to
abutting properties designated as a street, avenue, highway, road, boulevard,
lane, or throughway.
Street Frontage: All that property
fronting on one (1) side of a Street: (a) lying between two (2) intersecting
streets, (b) lying between one (1) intersecting street and the center line
extended of the nearest street connecting with but not intersecting such
street, or (c) lying between the center lines extended of the nearest streets
connecting with, but not intersecting such Street, provided however, the
minimum distance between the center lines of any such streets shall be 150
feet.
Structural Alteration: Any change in
either the supporting members of a building, such as bearing walls, columns,
beams and girders, or in the dimensions or configurations of the roof or
exterior walls and does not include an addition to the building.
Structure: Anything constructed or
erected requiring location on or in the ground, or is attached to something
having location on or in the ground, including a fence or freestanding wall. A
sign, billboard or other advertising medium, detached or projecting, shall be
construed to be a structure.
Structure, Completely Enclosed: A
building enclosed by a permanent roof and solid exterior walls with preplanned
constructed windows, doors and other appropriate openings.
Structure, Detached: Any structure
having no party wall or common wall with another structure. Bridges, tunnels.
breezeways and other similar means of connecting one (1) structure to another
shall not, for the purposes of this Ordinance, be considered to constitute a
party wall or a common wall.
Structure, Temporary: Except as
hereinafter provided, a temporary structure is a structure designed for a
limited period of time or tenure on a zoning lot.
Transfer Facility/Transfer Station:
A facility which receives waste materials (recyclables), landscape waste, construction/demolition
and/or municipal solid waste and which prepares the material(s) for shipment to
another site for final disposal or use. The term shall include, but not be
limited to, such facilities as recycling transfer station, solid waste transfer
facility, and mixed solid waste processing facility.
Use: The purpose or activity for
which the land, or building thereon, is designed, arranged or intended, or for
which it is occupied or maintained.
Use, Nonconforming: Any lawfully
established use of a building or premises which, on the effective date of this
Ordinance, does not comply with all of the applicable use regulations of the
zoning district in which such building or
premises
shall be located. For the purpose of this Ordinance, any single family dwelling
located within a Business or
14
Industrial
District that was lawfully established on the effective date of this Ordinance
and which is nonconforming solely by virtue of use shall not be deemed a
nonconforming use, it shall be a permitted use.
Use, Principal: The main use of land
or buildings as distinguished from a subordinate or accessory use. The
principal use may be either a Permitted, or a Special Use.
Use, Special: A use either public or
private having some special impact that requires a careful review of the
location, design, configuration, and the desirability of permitting its
establishment on any given site. Its use may or may not be appropriate in a
particular location depending on a weighing, in each case, of the local impact
and effect.
Use, Temporary: Any activity or use
designed, built, conducted, erected or occupied for short and/or intermittent
periods of time and shall include but not be limited to tents, lunch wagons,
dining cars, trailers, and other roofed structures on wheels or other supports
used for business, storage, industrial, institutional, assembly, educational or
recreational purposes.
Use, Unlisted: (See Sec. 4.2-5, Interpretation of Use Lists.)
Variation: A relaxation of the terms
of the Zoning Ordinance where such Variation will be in harmony with the
general purpose and intent and not contrary to the public interest, and where,
due to conditions peculiar to the property and not the direct result of the
actions of the owner, a literal enforcement of the Ordinance would result in
practical difficulties or a particular hardship.
Vehicle: Every device, in, upon or
by which a person or property is or may be transported or drawn upon a highway,
except devices moved by human power, devices used exclusively upon stationary
rails or tracks and snowmobiles as defined in the Snowmobile Registration and
Safety Act, of the Illinois Compiled Statutes, as amended.
Warehouse: A building or structure or part thereof, used
principally for the storage of goods and merchandise.
Warehouse, Mini: A structure or
structures designed and used exclusively for the storage of personal property,
including a caretakers residence and office.
Water Supply: A water supply in
A. PUBLIC WATER SYSTEM: A
system for the provision to the public of piped water for human consumption, if
such system has at least fifteen (15) service
connections or regularly serves an average of at
least twenty-five (25) individuals daily, for at least sixty (60) days out of
the year. Such term includes: (1) any collection treatment, storage, and
distribution facilities under control of the operator of such
system and used primarily
in connection with such system, and (2) any collection or pretreatment storage
facilities not under such control which are used primarily in connection with
such system. A public
water system is either a community water system or a
non-community water system.
B. COMMUNITY PUBLIC WATER
SYSTEM: A water supply which has at least fifteen (I5) service connections
used by permanent residents, or regularly serves
twenty-five (25) or more permanent residents
daily for at least sixty (60) days a year and is
regulated by the Illinois Environmental Protection Agency.
C. NON COMMUNITY PUBLIC WATER
SUPPLY: A public water supply which is not a community water supply,
that has at least fifteen (I5) service connections
used by non-residents, or regularly serves
twenty-five (25) or more non-resident individuals
daily for at least sixty (60) days per year.
D.
the public other than an owner occupied single family
residence.
E. PRIVATE WATER
F. PRIVATE WATER SYSTEM NON POTABLE:
Any water system providing water for non-potable uses.
Yard: An open space on the same zoning lot with a building, structure or
use, unoccupied and unobstructed from its lowest level to the sky, except by
landscaping and as otherwise permitted in Sections 4.4 and 4.5. A yard extends along
a lot line and to a depth or width specified in the yard requirements for the
zoning district in which such zoning lot is located.
15
YARD, FRONT: A yard
extending along the full length of the front lot line between the side lot
lines to a depth specified in the yard requirements for the zoning district.
YARD, REAR: A yard extending along the full length of the rear lot line between
the side lot lines to a depth specified in the yard requirements for the zoning
district.
YARD,
Zoning Board or Appeals: The LaSalle
Zoning Certificate: A certificate
issued by the Director,
16
Chapter 4 GENERAL PROVISIONS
Sec. 4.0. INTERPRETATION.
Sec.
4.0-1. Minimum Requirements
The provisions of this Ordinance shall be
held to be the minimum requirements for the promotion of the public health,
safety, morals, comfort, convenience, prosperity and general welfare and to
effectuate the purposes of this Ordinance and enabling legislation.
Sec. 4.0-2. Conflicting Provisions.
Where the conditions imposed by any provision of this Ordinance are either more
restrictive or less restrictive than comparable conditions imposed by any other
applicable statute, law, ordinance, regulation, or rule, the provision that is
most restrictive or imposes the higher standards or requirements shall apply.
Sec. 4.0-3. Available Relief.
Although the requirements of this Ordinance are written in very specific terms,
reasonable flexibility is offered through such devises as appeals, variations,
special uses and special use - planned unit development.
Sec. 4.0-4. Existing Agreements.
This Ordinance is not intended to abrogate any easement, covenant, or any other
private agreement, provided, that where the regulations of this Ordinance are
more restrictive or impose higher standards or requirements than such
easements, covenants, or other private agreements, the requirements of this
Ordinance shall govern.
Sec. 4.0-5. Existing
Violations.
No building, structure, or use not lawfully existing at the time of the adoption
of this Ordinance shall become or be made lawful solely by reason of the
adoption of this Ordinance; and to the extent that, in any manner that said
unlawful building, structure, or use is in conflict with the requirements of
this Ordinance, said building. structure, or use shall remain unlawful under
the provisions of this Ordinance.
Sec. 4.0-6. Permits Required.
Nothing contained in this Ordinance shall be deemed to consent to, license, or
permit to use any property or to locate, construct, or maintain any building,
structure, site, facility, or operation, or to carry on any trade, industry,
occupation, or activity without first obtaining an appropriate building permit,
Health Department permit and/or zoning certificate, Mobile Home Park Permit, or
any other county, municipal, township, state or federal permit.
Sec. 4.0-7. Provisions Are Cumulative.
The provisions of this Ordinance shall be interpreted to be cumulative of, and
to impose limitations in addition to all other ordinances, laws, codes, and
regulations in existence or which may be passed governing any subject matter of
this Ordinance.
To the greatest extent possible, the
provisions of this Ordinance shall be construed to be consistent with, and not
in conflict with, the provisions of such other ordinances, laws, codes, and
regulations, and with each other, to the end that all such provisions may be
given their fullest application.
Sec. 4.1. SEVERABILITY.
A. The several provisions of this
Ordinance shall be severable in accordance with the following rules:
1.
If
any court of competent jurisdiction shall adjudge any provision of this
Ordinance invalid, such
judgment
shall not affect any other provision of this Ordinance.
2. If any court of competent
jurisdiction shall adjudge the application of any provision of this Ordinance
to a
particular
parcel of land, a particular structure, or a particular development, such judgment
shall not effect the application of said provisions to any other land,
structure, or development.
17
B. All
such unaffected provisions of this Ordinance shall remain in full force and
effect.
Sec. 4.1-1. Judgment.
If any court of competent jurisdiction shall adjudge any provision of this
Ordinance or any amendments thereto, to be invalid, such judgment shall not
affect any other provisions of this Ordinance or any amendments thereto, not
specifically included in said judgment.
Sec. 4.1-2. Individual Properties.
If any court of competent jurisdiction shall adjudge invalid the application of
any provision of this Ordinance or any 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.
Sec. 4.2. SCOPE OF REGULATIONS.
It is hereby declared that the provisions of this Ordinance shall apply to all
properties in unincorporated
Sec. 4.2-1. Building, Structure or Use.
A. All buildings or structures
erected hereafter, all uses of land or buildings and structures established
hereafter, and all
structural
alteration or relocation of existing buildings and structures occurring
hereafter
shall
be subject to all regulations of this Ordinance applicable to the zoning
districts in which such buildings, structures, uses, or land shall be located.
B Where a lot is to be
occupied for a permitted use without buildings or structures, all yards required
for such lot shall
be provided and
maintained unless otherwise stipulated in this Ordinance, except that side
yards
shall not be required on lots used for agricultural purposes without buildings
or structures and no side or front yards shall be required on lots used for
public recreation areas except for buildings.
Sec.
4.2-2. Building Permits Issued.
Where
a building permit for a building or structure has been issued in accordance
with the law prior to the effective date of this Ordinance and provided that
construction is begun within nine (9) months after such effective date and
diligently prosecuted to completion (completion to be accomplished within
twenty-four (24) months of the adoption of this Ordinance), said building or
structure may be completed in accordance with the approved plans on the basis
of which the building permit has been issued, subject thereafter to the
provisions of Chapter 5.
Sec. 4.2-3.
Any legal building, structure or use existing at the time of the enactment of
the Zoning Ordinance may be continued, even though such building, structure or
use does not conform to the provisions herein for the district in which it is
located, and whenever a district shall be changed hereafter, the then existing
legal use may be continued, subject to the provisions in Chapter 5.
Sec. 4.2-4 - Existing Special Uses
a. Where a use is hereinafter
classified as a Special Use under this Ordinance and exists as a Special Use or
a
Permitted Use on the date of the adoption
of this Ordinance, or by any subsequent
amendment
thereto, such use shall be considered to be a Legal Special Use, which use
shall be limited to: (1) the specific use in existence on the date of adoption
as stated above; (2) the geographic
area
used by such use on the date of adoption as stated above; (3) the physical
improvements and equipment which constitutes a part of such use on the date of
adoption as stated above.
b. Where a use is not allowed
as a Special Use, or a Permitted Use, under this Ordinance, such use shall be
classified
as a nonconforming use and may be continued subject to the provisions of
Chapter 5.
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c.
No Legal Special Use shall be
changed to any other use unless such new use is a Permitted Use in the
district
in which the property is located; nor shall such Legal Special Use be altered
or expanded in
any manner, except in compliance with the
following:
1. Application amending the
Legal Special Use filed in accordance with Sec. 14.10
2. The use shall comply with
all other requirements of the district in which the property is located.
3. The use shall comply with
all requirements established under Sec. 4.3.
Sec. 4.2-5. Uses Not Specifically
Permitted in District/Prohibited.
Except as hereinafter provided when a use is not specifically listed as a
Permitted or Special Use in any specific zoning district such use shall be
expressly prohibited.
Sec. 4.2-6. Interpretation of Use Lists.
A. DETERMINATIONS CONCERNING
USE NOT SPECIFIED. When a particular use or uses, or class of uses is
not specifically
identified in this Zoning Ordinance but which is of the same general character
as
those listed as permitted principal or accessory uses or, permissible by
Special Use, the Director, County Zoning Department, shall make a determination
in the matter. The Director shall give due
consideration
to the intent of this Zoning Ordinance concerning the district involved, the
character of uses specifically identified, and the character of the use or uses
in question.
B.
NOTIFICATIONS
CONCERNING DETERMINATIONS. Upon making a determination, the Director,
C. FINDING BY DIRECTOR, RIGHT TO
APPEAL. The Director shall include the particular use or class of use in the
next forthcoming proposed
text amendment to rectify the omission. Any person, office, department, board
or bureau aggrieved by the determination of the Director may appeal that
determination to the Zoning Board of Appeals pursuant to Sec. 14.6 APPEALS.
Sec. 4.2-7 Compatibility Standards for Classifying New and Unlisted Uses.
The new or unlisted uses shall be similar in impact, function and
characteristics to uses listed in the district. Other standards for
determination of compatibility are as follows:
A. Volume and type of sales,
retail or wholesale, size and type of items sold, and the nature of the
inventory on the
premises.
B. Any processing done on the
premises -
assembly, manufacturing, smelting,
warehousing, shipping and distribution
and any dangerous, hazardous, toxic or explosive
materials used in processing.
C. The nature and location of
storage and outdoor display of merchandise - enclosed,
open, inside or outside the
principal building - and
predominant types of storage, i.e., business vehicles, work-in-progress,
inventory and merchandise, construction materials,
scrap and junk, and bulk ores, powders and liquids.
D. The type, size and nature of
buildings and structures supporting the use.
E. The number and density of
employees and customers and the per unit area of site and buildings in relation
to
business hours and employment shifts.
F. The business hours the use
is in operation or open for business.
19
G. Transportation requirements,
including mode of transportation, by volume, type and characteristics of
traffic
generated to and from the site, trip purposes, and
whether trip purposes can be shared with other uses on the site.
H. Parking characteristics,
turnover and generation, ratio of the number of spaces required per unit area
or activity, and
potential for shared parking with other uses.
I. Predilection for
attracting or repelling criminal activities to, from, or on the premises.
J. Amount and nature of
nuisances generated on the premises-noise, smoke, odor, glare, vibration,
radiation, and
fumes.
K. Any special public utility
requirements for serving the use-water supply, wastewater output, pre-treatment
of wastes
and emissions recommended or required-and any
significant power structures and
communication towers or facilities required.
Sec.
4.3. BULK
Sec. 4.3-1.
Use.
No building,
structure or land shall hereafter be used or occupied and no building or part
thereof or other structure shall be erected, raised, moved,
reconstructed, extended, enlarged or
altered except in conformity with the regulations herein specified for the
district in which it is located.
Sec.
4.3-2. Continued Conformity with Bulk Regulations.
The maintenance of yards and other open space and minimum lot area legally
required for a building shall be a continuing obligation of the property owner
as long as the building is in existence. Further, no legally required yards,
open space, or minimum lot area allocated to any building shall, by virtue of a
change in ownership or for any other reason be used to satisfy yard, open
space, or minimum lot area requirements for any other building
Sec. 4.3-3. Bulk.
All new buildings shall conform to the building regulations established herein
for the district in which each building shall be located. Further, no existing
building shall be enlarged, reconstructed, structurally altered, converted or
relocated in such a manner as to conflict or to further conflict with the bulk
regulations of this Ordinance for the district in which such buildings shall be
located.
Sec 4.3-4. Access to Public Streets.
Except as provided for in the LaSalle County Subdivision Control Ordinance,
every building shall be constructed upon a lot or parcel of land which abuts
upon a public street.
Sec. 4.3-5. Minimum lot Size (Lots of Record).
Every lot or zoning lot created by subdivision or deed division from a larger
lot or parcel after the effective date of this Ordinance shall be in accordance
with the lot size requirements of the zoning district in which such lot is
located.
Any lot of record which legally exists ON THE EFFECTIVE DATE of this Ordinance
situated within the A-1 Agriculture or A-C Agriculture Conservation Districts
or the (RR) Rural, (R-2) Single Family or (R3) General Residence Districts may
be improved with a single family dwelling and single family dwelling accessory
buildings, structures and uses, where such lot or lots meet all of the
standards of the zoning district in which such lot is located except such lot
or lots shall not be required to meet minimum lot width or lot size (acreage
requirement) for the purposes of this Ordinance. Construction of such dwelling
shall comply with all other codes and ordinances of the
20
A lot created by subdivision or deed division
from a larger lot or parcel after the effective date of this Ordinance that is
created for the purpose of the sale or transfer of ownership of one lot,
containing an existing residential structure, agricultural buildings or
structures, or foundations or structural elements of any such residences,
buildings or structures constructed prior to the effective date of this
Ordinance, and has not been converted to agricultural crop use and being not
less than two acres in area, may be approved by the subdivision enforcement
officer, without review or approval by the Zoning Board of Appeals or the
County. This provision is intended to allow for the division of a lot with
existing or previously existing farm residences, buildings or structures from
the fields used for agricultural activities. For the purpose of required
minimum zoning lot size, such subdivision, if approved by the subdivision
enforcement officer as not being in
violation of the LaSalle County Subdivision Control Ordinance and the Illinois
Plat Act, is not a violation of this Ordinance. The lot which results from such
subdivision or deed division shall be a legal residential lot in the A-1
district and the balance of the parcel from which the lot is divided shall not
be buildable for future residences unless the remaining area conforms to the
minimum lot size of the A-1 district. For the purposes of review, a plat of survey
shall be required for said division. The Directors (
Sec. 4.3-6, Two Uses on a Zoning
Where two (2) or more Permitted or Special Uses, each requiring a minimum lot
area, are provided on the same zoning lot, the required lot area for such uses
shall be the sum of the areas required for each use individually.
Sec. 4.3-7. Division of Zoning Lots.
No zoning lot shall hereafter be divided into two (2) or more lots unless all
lots resulting from each such division shall conform with all the applicable
bulk regulations of the Zoning District where the property is located. In
addition, a corner lot shall, in all cases, be twenty-five (25) feet
wider than the minimum lot width required in the district. Such lots, created
by subdivision or deed division, shall be required to make land/cash donations
in accordance with the LaSalle County Subdivision Control Ordinance.
Sec. 4.4.
Sec. 4.4-1. Location of Required Yards.
All required yards allocated to a building, structure or use shall be located
on the same zoning lot as such building, structure or use being served.
Sec. 4.4-2. Yards.
A. REQUIRED YARDS FOR EXISTING
BUILDINGS: No yards allocated to a building, structure or use existing on
the effective date of this Ordinance shall be
subsequently reduced, or be further reduced below
the yard requirements of
this Ordinance except a yard adjoining a street may be reduced in depth or
width in the event and to the extent that the right-of-way width of such street
adjoining such yard is
subsequently increased.
B. AVERAGE FRONT YARD LESS THAN
MINIMUM SETBACK: On streets where a front yard setback has
heretofore been maintained by buildings situated on
lots or tracts comprising not less than fifty
(50)
percent of the total street frontage
on one side of that portion of any street including: (a) lying between two
intersecting streets, (b) lying between one intersecting street and the center
line extended of the nearest street connecting with, but not intersecting such
street, or (c) lying between the center lines extended or the nearest streets
connecting with, but not intersecting such street, buildings shall maintain a
front yard (building setback) as required in the zoning district in which such
property is located, or may maintain a lesser front yard, as determined by the
average front yard (building setback) provided by existing buildings. The final
decision on the distance for any front yard setback shall be made by the
Director of the Planning and Zoning Department.
Sec. 4.4-3. Vision Clearance - Corner
Lots/Service Drives.
At the intersection of all streets and/or the intersection of any service
entrance drive from a Street to a zoning lot line, sight easements shall be
established within the triangular area formed by the intersection of any two
(2) street
21
right-of-way
lines and/or the intersection of any street right-of-way line with any service
entrance drive (both sides of such drive). Such easement shall be a distance
along such lines of twenty-five (25) feet from the point of intersection
thereof .
Within the above vision clearance easements, no obstruction shall be permitted
which exceeds three (3) feet in height above grade, including, but not limited
to buildings, fences and walls, loading and open storage, plant material, play
equipment parking and structures.
Sec 4.5.
EXCEPTION TO YARD REQUIREMENTS - ALLOWABLE PROJECTIONS
into required
yards.
The following features are permitted and
may project into the required yard setbacks of a given zoning district.
Features Maximum
Projections
Awnings, bay windows, chimneys, cornices,
planters or similar architectural features. Three
(3) feet
Balconies, open roofed or unroofed entrances,
stoops and porches and fire escapes Four
(4) feet
Compressors for central air conditioning or
heat pumps Five
(5) feet
Decks Ten(10)
feet
Patios and terraces Up
to within three (3) feet
of the
property line
Ramps to accommodate required handicap
access to a building or facility Unlimited
Support Wires for noncommercial
radio and television towers or antennas Ten
(10) feet
EXAMPLE: If the required rear yard setback for a single family detached
dwelling has a minimum rear yard of 20 feet required, the deck may project 10
feet out into the required setback, and the dwelling will be considered 20 feet
from the rear lot line. This does not mean a deck can only project out 10 feet
from the house. If the house is 30 feet from the rear lot line, a deck could
project 20 feet from the house, as 10 feet of the deck is permitted to project
into the rear yard setback. For an illustration, see the Appendix A-4.
Where there is a question regarding a feature not listed, the Director,
Sec. 4.6. FENCES
Sec. 4.6-1. Residence Districts.
A. FRONT YARDS: Except as
provided in Section 4.4-3, an open fence or open wall along any lot line
forming a part
of the front yard
may be erected to a height not to exceed four (4) feet above grade. A
fence
or wall shall be considered open for the purposes of Section 4.6 if it does not
reduce visibility through the fence when viewed at right angles to any surface
thereof, by more than fifty (50) percent.
22
B.
grade.
Where a side or rear lot line abuts a Business or Industrial District, fences
may be
erected
to a height not to exceed eight (8) feet above grade.
Sec. 4.6-2. Business Districts.
A. FRONT YARDS: No fence or
wall shall be permitted in any required front yard.
B.
grade.
Sec. 4.6-3. Industrial Districts.
A. FRONT YARDS: No fence or
wall shall be permitted in any required front yard.
B.
grade.
Sec. 4.7. SPECIAL EVENTS
Special events are temporary uses (See Chapter 3 Definitions) which may be
allowed in any zoning district provided that they satisfy the following
requirements.
Sec. 4.7-1. General Restrictions.
Special events shall be subject to the following restrictions:
A. Special events shall be
limited to no more than two (2) occurrences per calendar year for each zoning
lot.
B. An applicant for a special
event must apply for and obtain a special events permit from the
Zoning
Department.
Sec. 4.7-2. Application Requirements and Procedure.
All persons desiring to conduct a Special Event shall first submit an
application to the County Zoning Department no later than fifteen (15) days
prior to the special event.
Such application shall contain the following:
A. Site Plan-must show all signage, including banners and all temporary signs.
B. Parking
and Circulation Plan-must show stalls, circulation paths, access locations and
traffic control devices. Not
required for
Special Events located in residential districts on lots without on-site
parking.
C. Sanitary Facilities-report
from LaSalle County Health Department confirming compliance with all applicable
Health
and Sanitation
Codes.
D. Liability Insurance and Hold
Harmless-liability insurance shall be required and shall name the County to be
co
insured. A Hold
Harmless document shall be executed separately or be part of the insurance
policy.
E. Traffic Control and
Security Contract to provide for off-duty police officers or trained security
personnel to provide
traffic control
and security.
F. Owner Authorization-when
the applicant for a Special Event is not the owner of the lot on which the
event will
occur,
the applicant shall submit proof of the owners authorization which shall be in
writing, dated, signed by owner and contain sufficient information so as to
identity the property and the proposed Special Event.
23
G. Bond
or Letter of Credit-a cash bond or irrevocable standby letter of credit shall
be placed with the
Planning and
Zoning Department to guarantee removal of all temporary structures, tents,
junk
and debris from the site upon termination of a Special Event. The amount of the
cash bond or irrevocable standby letter of credit shall be 100 percent of the
estimated cost of removal of the Special Events items from the lot.
The Director,
Sec.4.8. SEWAGE DISPOSAL
Regardless of other provisions of this Ordinance, in all classifications and in
all districts there shall always be sufficient ground area left unoccupied by a
structure or a paved area for, a proper system of sewage disposal and water
supply conforming with the standards and requirements of the LaSalle County
Health Department and the Health Department of the State of Illinois. Plot
plans accompanying construction permit applications shall show clearly the
proposed sewage disposal system and well location, if any.
Sec. 4.9.
Sec. 4.9-1. Height.
In the R-2 Single Family Residence District and the R-3 General Residential
District, no accessory building or structure shall exceed fifteen feet (15) feet in height.
Notwithstanding the above provisions, noncommercial radio and television towers
and antennas and accessory buildings containing hangar space shall conform to
the height requirements of the residential zoning districts.
Sec. 4.10. REGULATIONS GOVERNING AIRPORTS & THEIR SURROUNDINGS.
Airports and their surroundings are subject to all rules and regulations of the
Federal Aviation Administration (FAA) and the State of
Sec. 4.10-1. Height of Structures Within Boundaries.
Height of structures in areas surrounding the boundaries of airports having
established approach plans approved by the
State of
Sec. 4.10-2. Airports Without
Established Approach Plans.
A. Height of structures, in
areas 2,000 lineal feet beyond the boundaries of airports that do not have
established
approach plans,
shall be in accordance with requirements established by the State of
Division of
Aeronautics, for each type of airport (e.g., restricted landing areas and
residential airports.)
B. All structures within
subdivisions surroundings airports without established approach plans or within
1,000 lineal
feet
of the end of the runways of such airports shall be certified by a registered
engineer or surveyor for compliance with height restrictions of the State of
Sec. 4.11. DEVELOPMENT OF
The
development of air rights above land located in any zoning district and
utilized for public or private use, shall be treated as a Special Use and shall
be required to meet the standards of the underlying zoning district where such
development is located. However, plans for all such air right developments
shall be submitted to the Zoning Board of Appeals, in the same manner as
applications for Special Uses, for its recommendations as to the
appropriateness of the development in regard to the location of buildings and
structures, traffic control, placement of utilities and all other matters
related to the physical development of said air rights. Such recommendations
shall be forwarded to, and shall be subject to the approval of the
24
Sec. 4.12. GROUP HOMES.
Sec. 4.12-1. Purpose.
The provisions of this Section provide further clarification of the definition
of Group Home (See Chapter 3 Definitions) by setting minimum
requirements for the location and operation of such homes. It is the policy of
Sec. 4.12-2. Requirements for Group Homes.
In addition to satisfying the definition of group homes, group homes shall
comply with the following requirements:
A. The group home shall not be
located less than 600 feet, measured horizontally in any direction, from any
other
building used as
a group home pursuant to this ordinance or defined as a group home pursuant
to any adjacent
jurisdictions zoning ordinance.
B. The operator of the group
home shall have a license and/or certificate as required by appropriate federal,
state, or
local agencies,
if any is required, demonstrating the operators qualifications to operate the
group home.
C. The total occupancy of the
group home shall be limited to no more than eight (8) persons not related by
blood,
marriage, adoption
or guardianship, plus no more than two (2) resident staff.
D. No services including, but
not limited to, counseling and other treatment shall be permitted for persons
other than
the residents of
the group home.
Sec. 4.12-3. Certification
of Compliance.
Prior to occupancy of a group home, the
operator of the home shall obtain a letter from the Director of the County
Planning and Zoning Department certifying that the provisions of this Ordinance
have been met. This certification letter shall be reviewed by the
Sec. 4.13.
Sec. 4.13-1. Purpose.
The provisions of this Section establish criteria for submission and approval
of site plans, for access control, lighting and signage for new commercial,
industrial or multi-family types of development or redevelopment, including
planned unit development, but it is NOT INTENDED for the construction of a
single and two family dwellings, home occupations or agricultural uses. Further
this Section is not intended to duplicate any of the requirements of the
LaSalle County Subdivision Control Ordinance.
Sec. 4.13-2. Scope of Regulations.
Site plan review shall be required for any new commercial, industrial, planned unit
development, multiple family dwelling (3 or more dwelling units) development or
redevelopment, but is NOT REQUIRED for single family and two-family dwellings
or home occupations or agricultural uses which are exempt from regulation
pursuant to Sec. 6.4 B. Development for the purposes of this section shall mean
a change of land use practice or activity which occurs on a zoning lot that has
been previously undeveloped (without buildings, structures or premises).
Redevelopment for the purposes of this section shall mean any change in
activity or increased intensity or use of any zoning lot which has been
previously developed with any building, structure or premises through the
addition of dwelling units, gross floor area, seating capacity, or similar
units of measure.
Sec. 4.13-3. Site Plan Criteria.
A. ACCESS CONTROLS: The
following specifications shall be addressed in the submission of a site plan
for approval
by the LaSalle
County Planning and Zoning Department.
25
1. Driveway design and
geometrics including curb return radius, width of driveway at the property line,
curbed or uncurbed, dimension of any
channelizing island or medians, length of driveway (measured
parallel
to driveway between edge of street and building line) and change in grade
between driveway and street (measured where driveway meets the Street).
2. A drawing to scale showing
distance between proposed driveways and existing driveways on both sides of
the street, within 200 feet each
direction from subject property line, with distances to be
measured
parallel to the street. Sketch shall also show the name and type of land use
currently served by these existing driveways.
3. Identification of proposed
driveway, signing/marking/striping for intersection control, inbound/outbound
movements, turn prohibitions (if any).
4. Based on a review of site
topography, street alignment and other factors, the Director,
Zoning Department may require a survey to
establish the sight distance to any
intersecting street as measured from the
driveway.
B. LIGHTING:
A lighting plan shall
be submitted for approval by the
shall address the following:
1. Size, setback and height of
all free-standing lights and wall lights attached to buildings.
2. Type of lighting on all
portions of the site, shielding to prevent off-site glares, and levels of
lighting in foot
candles at all property lines.
C. SIGNAGE: (See Chapter 11)
1. Size, setback and height of
all freestanding business and industrial signs.
2. Type of lighting for
signage.
Sec. 4.13-4. Approval Procedure.
Site plans subject to Sec.4.l3. shall be submitted to the Director, LaSalle
County Planning and Zoning Department. No building permits requiring site plan
review shall be issued until the site plans have been approved by the Planning
and Zoning Department of LaSalle County.
Sec. 4.14. ADULT BUSINESS USES.
Sec. 4.14-1. Declaration of Policy.
In the development and execution of these sections regulating and limiting the
location of adult business uses, it is recognized that adult business uses, by
virtue of their nature, have serious objectionable operational characteristics
which can have a deleterious effect upon areas adjacent to them. Special
regulation of these uses is necessary to insure that these adverse effects will
not contribute to the blighting or downgrading of the surrounding neighborhood.
The primary purpose of these regulations is to control the concentration or location
of these uses to the fullest extent allowable by law, in order to eliminate
such adverse effects. It is not the intent of these sections to deny adults
access to sexually oriented materials and services or the providers of such
materials and services their market in a manner that is inconsistent with the
law.
Sec. 4.14-2. Restrictions on the Location of Adult Business Uses.
No adult business use shall be maintained: (1) within 3,000 feet of the
property line of another adult business use, (2) within 3,000 feet of any of
the following zoning districts as provided for under this Ordinance: A-1, A-C,
R-R, R-2 and R-3: (3) within 3,000 feet of a zoned residential district lying
within a municipality; or (4) within 3,000 feet of a church, school, library,
park or other publicly operated recreational facility. The distances provided
for in this section shall be measured by following a straight line, without
regard to intervening structures, from a point on the property or the land use
district boundary line from which the proposed use is to be separated.
26
Sec. 4.15. ACCESSORY HOUSING.
Sec. 4.15-1, Declaration
of Policy.
The
two (62)
years old or older is increasing and that many of these persons who would otherwise desire to maintain separate households are unable to do so because of
insufficient incomes or need for services. The County also recognizes the
special needs of handicapped individuals who may be able to live independently
with some assistance from family members. The intent of Sec. 4.15 providing for
accessory housing is to assist such individuals and their families. By Special Use,
an accessory unit may be maintained in single family dwellings in the
Agricultural or Residential Districts of the County, or as a separate mobile
home within Agriculture Districts. Persons
over sixty-two (62) years old or older and handicapped persons will be offered
a means of lowering expenses and increasing security which will enable them to
remain in homes owned and occupied by them. Also, other persons owning and
occupying single family dwellings in these districts will be provided
companionship for relatives who are sixty-two (62) years or older or
handicapped.
Sec. 4.15-2. Requirements
for Accessory Housing Special Use.
An accessory unit may be maintained in a single family dwelling as a Special Use
in the Residential Districts or as a mobile home within the Agriculture
Districts. Conversion of the dwelling and maintenance of the accessory unit and
primary unit must conform to the following requirements:
A. Only one (1) accessory unit
may be maintained per zoning lot.
B. If a mobile home, the total
floor area of the accessory unit shall not exceed 14 feet in width by 70 feet in length.
C. If part of a single family
home the accessory unit shall be structurally part of the converted dwelling,
no accessory
unit or portion thereof shall be maintained in an
accessory building other than in a mobile
home within the Agriculture Districts.
D. The accessory dwelling unit
must conform to all applicable yard and bulk requirements.
E. If part of a single family
home, the floor plans for the construction of the accessory unit and for
reconversion of both
the primary unit and the accessory unit to a single
family dwelling after the expiration
of the Special Use must be submitted with the
application for Special Use.
F. The exterior of any
converted dwelling must retain the appearance of a single-family dwelling. The
number of
exterior entries on the front of the converted
dwelling shall be the same number as prior to its
conversion.
G. No roomers or boarders
allowed by the definition of dwelling unit in Chapter 3 shall be permitted in
either the
primary unit or the accessory unit.
H. At least one (1) of the
occupants of either the main dwelling unit or the accessory unit must be the
legal or beneficial
owner of the property. If none of the owners who
occupy the converted dwelling are
sixty-two (62) years old
or older or handicapped, then the accessory unit must be occupied by a person
who is sixty-two (62) years old or older or handicapped and who is related to
one (1) of the owners by blood, marriage, adoption or guardianship.
I. By January 31st of each
year after the Special Use permit for the accessory unit is issued, all owners
of the property
shall file an affidavit
with the Director,
J. Septic systems and wells
shall comply with the rules and regulations of the LaSalle County Health
Department.
Sec.4.15-3. Expiration of Special Use.
Every Special Use for accessory housing shall
expire by its own terms without action by the
accordance with Sec. 4.15-2(I). The expiration date shall be thirty (30)
days after the date on which the property first fails to
27
conform to these requirements or thirty
(30) days after the date on which the affidavit was to have been filed. The
Special
Use shall not expire, however, if the
property is brought into conformity with the requirements of Sec.4.15-2 (A)
through (J), or if the affidavit is filed as required prior to the expiration
date. Every Special Use for accessory housing shall also expire when any owner
conveys any portion of his or her interest in the property, unless the
conveyance is to a trust of which that owner is a beneficiary.
Sec. 4.15.4. Reconversion
to Single Family Dwelling.
Reconversion of the property to a single-family dwelling shall be completed
within one hundred and eighty (180) days after the expiration of the Special
Use. The
Sec. 4.15-5. Recording
of Special Use.
Every Special Use ordinance adopted under Sees. 4. 15-1 through 4.15-5 shall be drawn up and
executed in duplicate originals, which shall comply with all requirements for
recordation, Within thirty (30) days of the adoption of such a Special Use
ordinance, the County Clerk shall transmit one (1) of the duplicate originals
to the Recorder for recording. All fees and costs of recordation shall be borne
by the applicant for the Special Use.
Sec. 4.16. HOME OCCUPATIONS.
Sec. 4.16-1. Home Occupations.
A home occupation shall be treated as an accessory use and shall be incidental
and secondary to the principal use of the residence as a dwelling.
A. Home occupations in the A-1
Agriculture District, the A-C Agriculture-Conservation District and the R1
Rural
Residence
District shall meet all of the following requirements:
1. Shall be operated only by
the person or persons maintaining a dwelling on the property.
2. Shall not produce noise,
obnoxious odors, vibrations, glare, fumes or electrical interference detectable
to
normal sensory perception outside the
structure.
3. No more than two (2) home
occupations shall be permitted on any zoning lot.
B. Home occupations located in
the R-2 Single Family Residence District and the R-3 General Residence District
shall
meet all of the
following requirements:
1. Shall
be operated only by the person or persons maintaining a dwelling on the
property.
2. Shall not display outside
the building any evidence of the home occupation except for the signs which are
permitted in the zoning district in
accordance with Chapter 1l. SIGN REQUIREMENTS.
3. Shall not utilize more than
1000 square feet of a dwelling unit. Accessory buildings of any square footage
may be used for home occupation so long
as such building or structure meets the requirements
of the zoning district.
4. Shall not produce noise, obnoxious
odors, vibrations, glare, fumes or electrical interference detectable to
normal
sensory perception outside the structure.
5. Shall not be open to the
public at times earlier than
6. No more than two (2) home
occupations shall be permitted on any zoning lot.
7. Shall not permit the
on-site storage of explosive hazards.
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Sec.
4.17. DAY CARE HOMES
A home day care use shall comply with the following standards and criteria:
A. The home day care use shall
not:
1. Be operated in an accessory
building or detached garage.
2. Contain a separate entrance
from outside the building to serve the home day care use.
3. Permit the conduct of
retail business, manufacturing business or repair shop of any kind.
4. Display outside the
building any evidence of the home day care use except those signs which are allowed
in
residence
districts in accordance with Chapter 11, SIGN REQUIREMENTS.
5. Permit delivery of mail by
other than private passenger vehicles, parcel service or letter carrier.
6. Permit any other home
occupation within the same dwelling unit.
B. All vehicles owned by the
residents and by outside employees of the home day care use shall be parked on
the lot in
areas as allowed for parking in residence districts.
Adequate space shall be provided on the driveway of the home
day care use for the temporary parking of client
vehicles while the children are being dropped off and picked up.
C. The outside play area
utilized for the home day care use shall be separated from neighboring
properties by a solid
fence or wall.
D. The day care home operator
shall reside in the home as their principal residence. If the operator resides
elsewhere
than in the day care
home, it shall be considered a day care center and shall require a Special Use
permit from the
E. Where a day care home is
served by a private sewage disposal system rather than by public sewers, the
day care
operator shall have the
sewage disposal system inspected by the LaSalle County Health Department to
assure safe, sanitary operation thereof prior to establishing the use on the
property.
Sec. 4.18 MINING
It is the purpose of this section to establish regulations and standards for
surface mining operations that are not subject to the requirements of the
Surface-Mined Land Conservation and Reclamation Act, 225 ILCS 715/1 et.seq. and
the administrative regulations promulgated by the Department of Natural
Resources pursuant to said Act. This
Section provides for conservation and reclamation of lands affected by surface
mining in order to restore them to optimum future productive use. Surface mining,
processing and site reclamation for those mines that are not subject to the
requirements of the Surface-Mined Land Conservation and Reclamation Act et.seq. and the administrative regulations
promulgated by the Department of Natural Resources pursuant to said Act, shall
be determined and permitted in compliance with standards as set forth
herein.
This
section also provides that all surface mining operations in existence on or
before, August 17, 2005, including any tract or tracts of land owned, leased or
optioned that are part of the surface mining operations inventory and
constitute an integral part of said mining operation on or before August 17,
2005, shall be legal non-conforming uses that are not subject to the Special
Use or Zoning District requirements of this Ordinance.
A. SETBACK REQUIREMENTS. Unless
otherwise specifically provided in an applicable Special Use permit, surface
mining and/or processing
shall be conducted in compliance with the Surface Mined Land Conservation and
Reclamation Act 225 ILCS 715/1 et. seq. as amended and the administrative
regulations promulgated by the Department of Natural Resources pursuant to said
Act. The setback requirements of said
Act shall apply to all mining not withstanding the fact that said Act and
regulations do not normally apply when the overburden does not exceed 10 feet
or where the operator will not affect more than 10 acres during a year. Any surface mining operation that operates or
has overburden along or adjacent to a highway or road designated by the State
or Federal government as a Scenic By-Way shall provide a written landscape and
visual buffering plan to the Director, County
29
Planning and Zoning, at
the cost of the operator no later than sixty (60) days prior to the start of
mining on said tract(s). Said plan shall
provide that reasonable action will be taken by the operator on or before
beginning to mine and completed no later than one (1) year after the start of
mining to mitigate adverse visual effects of the mining operation along the
designated Scenic By-Way. Said plan
shall include detailed landscaping and visual buffering plans along the
designated Scenic By-Way and the proposed completion dates of said plans. Said surface mining operation shall also
maintain any State or Federal setback or other requirements for surface mining
along a designated Scenic By-Way that are more restrictive than the
requirements of this Ordinance.
B. ANNUAL REPORT. On an annual basis, but not later then January
31 of each year all surface mining operations that are required to file an
annual report to the Department of Natural Resources, shall file a copy of said
report with the County Planning and Zoning Department, along with an annual
review fee of $250.00.
C PERMIT FOR MINING.
1. All operators extracting
and/or processing earth materials that are not subject to the permit
requirements of the
Surface Mined Land Conservation
and Reclamation Act 225 ILCS 715/1 et. seq. as amended and the administrative
regulations promulgated by the
Department of Natural Resources pursuant to said ACT because the
overburden
does not exceed 10 feet in depth
or where the operation does not affect more than 10 acres during a permit year
shall apply for a permit jointly
with the owner and any person who is entitled to legal possession of the
property to
be affected and shall comply
with the operation and reclamation regulations in this Ordinance.
Application for permit
shall be made upon a form furnished by the
application shall be accompanied
by a fee of $50.00 plus $25.00 for every acre and fraction of an acre of land
to be
affected during the life of the
permit.
2. An operator desiring to
have his or her permit amended to cover additional land may file an amended
application
with the
under the provisions of this Act. Such amendment shall
comply with all requirements of this Ordinance.
3. An operator may withdraw
any land covered by a permit and upon which no extraction has taken place, excepting
affected land, by notifying the
bond or security filed by such operator pursuant to
the provisions of this Ordinance shall be reduced proportionately.
4. Every application, and
every amendment to an application, submitted under this Ordinance shall contain
the
following, except that the Director may waive the
requirements of this subsection for
amendments if the affected acreage is similar in
nature to the acreage stated in the permit to be amended:
a) Ownership of land.
b) Minerals to be mined.
c) Character and composition of vegetation and wildlife on land to be affected.
d) The proposed equipment to be used.
e) The current assessed valuation of the lands to be affected and the assessed
valuation shown by two quadrennial assessments next preceding the currently
effective assessment.
f) The nature, depth and proposed disposition of the overburden.
g) The location of the existing roads, and anticipated access and haulage roads
planned to be used or constructed in conducting surface mining.
h) The technique to be used in surface mining.
i) Drainage on and away from the lands to be affected including directional
flow of water, natural and artificial drainways and waterways, and streams or
tributaries receiving the discharge.
j) The current location of existing buildings and utility
lines and easements within the lands to be affected.
k) Practices and methods proposed to be used to minimize noise, dust, air contaminants
and vibration and to prevent pollution of surface or underground water.
I) The recycling of water used for washing and grading.
m) The simultaneous reclamation plan including methods of accomplishment,
phasing and timing.
n) A detailed map of the land drawn at a scale of one inch equals (=) one hundred (100) feet showing at least the following
specifics:
i) Existing
topographical features at two (2) foot contour intervals, up to and including
seven (7) percent grade. Greater than seven (7) percent grade would require
five (5) foot contours.
30
ii) Location and names of all streams, creeks, bodies of
water, underground water resources,
(which are readily ascertainable
from sources such as Illinois State Geological Survey
well drilling
logs) and drainage systems within the lands to be affected.
iii) Outline of area to be
excavated
iv) The proposed location of
sorting, grading, crushing and similar equipment necessary to
the operation and initial distribution of
the excavated products.
v) The proposed location of any
buildings, scale house, equipment storage areas, and
equipment repair sheds or areas.
vi) The current location of buildings,
utility lines and easements within the lands to be
affected.
o)
the application filed herein
whenever said terms are used in this Ordinance.
5. Prior
to the issuance of a permit, the applicant must obtain the approval by the
Department of Planning and
Zoning of the reclamation plan and map as
provided.
6. All permits issued hereunder shall expire ten (10) years
from the date of issuance, unless the
extends such expiration date.
7. Annual
Inspections
An
examination of the premises shall be made by the Director, County Planning and
Zoning, at least annually during the term of the permit. The Director shall
subsequently complete a Mining Inspection Report, mailing to the operator one
copy by certified mail return receipt requested and retaining one copy in the
permanent files at the County.
8. A permit issued hereunder
may be revoke by the
provision of 4.18.
C. RECLAMATION
1. At the Countys discretion,
the advice of technically trained experts will be utilized at a reasonable cost
to
the owner/operator(s) to review the
reclamation plan for its appropriateness on the
affected land.
2. The Department of Planning
and Zoning shall consider the short and long term impact of the proposed
mining on vegetation, wildlife, fish,
land use, land values, local tax base, the economy of the
county, employment opportunities, air
pollution, water pollution, soil contamination, noise pollution and
drainage.
3. The operator shall provide
with the application for permit a detailed reclamation plan and map drawn at a
scale of one inch equals (=) one hundred
(100) feet designation which parts of the land shall
be
reclaimed for forest, pasture, crop, horticultural, homesite, recreational,
industrial, or other uses including food, shelter and ground cover for
wildlife. The reclamation plan and map shall specify
progress
and completion dates of the reclamation plan; provided, however, the
reclamation is to be completed prior to the expiration of three (3) years after
the termination of the mining operation on the land. In the event the operator
and the County shall mutually determine that characteristics of the area
concerned have been found to be present during the conduct of mining, changes
may be made in the original reclamation plan by mutual consent of the operator
and the
shall preserve, as substantially as
possible, the original reclamation plan, and shall also provide for the
previously
unknown variables. Contours shall conform to requirements of development
proposed, but not less than required for existing original topography.
4. The reclamation plan shall
contain a written statement containing an explanation of the character of the
site
to be mined and of the character of the
surrounding territory, and an explanation of the schedule of
development.
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5.
All reclamation provided for
hereunder shall be carried to completion by the operator prior to the
expiration
of three years after the termination of
the mining operation, except that no other reclamation of any kind
shall be required to be made within
depressed haulage roads or final cuts or any other area where pools or
lakes, capable of supporting aquatic
life, may be formed by rainfall or drainage runoff from adjoining land
or where the Director of County Planning
and Zoning determines that a road, dry pit bottom or ditch is
consistent with and necessary to the
conservation and reclamation plan. All mines areas which in the
reclamation plan call for vegetation,
shall be covered with whatever topsoils and other materials from the
overburden which will support acceptable
plant growth in accordance with the standards adopted by the
Department of Planning and Zoning. The
Director of County Planning and Zoning, shall have authority to
require darkened surface soil be
segregated from other overburden in the stripping process so as to
accomplish the requirements of this
subparagraph.
6.
Extension of the reclamation
period may be granted by the Director of County Planning and Zoning. as is
necessary to accomplish acceptable reclamation.
Such extension shall be made at the
discretion
of the Department, however, the Department shall not deny a reasonable
extension when the operator shows that acts of God, strikes, inability to
receive ordered equipment or extended periods of unseasonable weather have made
completion within time limits impossible.
7. The County shall declare
forfeiture of the surety, bond, or security on such land not satisfactorily
reclaimed, and shall use such funds to
complete the reclamation. Any excess funds shall be remitted
to the permittee.
8. Any reclamation plan must
require that viable ground cover or similar vegetation will be placed on the
site
within one year of final production.
9. Disposal areas shall be
reclaimed within one year from final production.
10. The reclamation plan shall
protect persons against hazards remaining on the property.
D. SURFACE MINING OPERATIONS CURRENTLY
IN EXISTENCE, INVENTORIED LAND. All
surface
mining operations in existence
on or before August 17, 2005, and any tract or tracts of land owned, leased
or
optioned that are part of the
surface mining operations inventory and constitute an integral part of the
mining
operations on or before August
17, 2005, shall be legal non-conforming uses that are not subject to the
Special Use
or
Zoning District requirements of this Ordinance. In order for leased or optioned tracts to
qualify as legal non-conforming under this Section, said lease or option
agreement must have been in writing on or before August 17, 2005, be currently
valid and enforceable, provide for a full transfer of property rights to the
surface mining operation allowing said operation to conduct surface mining on
said tract and be signed by all parties with authority to transfer such
rights. The burden to establish that a
tract(s) meet(s) all the requirements of a legal non-conforming use under this
Section shall be on the surface mining operator/owner.
Sec.
4.19. BED AND BREAKFASTS
A bed and breakfast shall meet all of the following requirements:
A. Shall have no more than five
(5) guestrooms for rent.
B. Shall be in operation for not less
than six (6) nights in a six-(6) month period.
C. Shall maintain a guest register which
shall be available at all times for inspection.
D. Shall be located in a single family
detached dwelling, not an accessory building or garage.
E. Shall be located on a zoning lot
with a minimum width of 165 feet and a minimum area of 43,560 square feet in
all
other districts where allowed.
F. Shall satisfy all requirements of
the LaSalle County Health Department
G. In additions to the parking
requirements for a single-family detached dwelling, the bed and breakfast
establishment
shall provide one (1) additional
space for each guestroom. The off-street
parking for a bed and breakfast
establishment shall not be
located in any required yard.
32
H. Each guestroom may have its own
private bath. No guestroom, however,
shall have any kitchen facilities.
I. Guestroom shall mean sleeping room
intended to serve no more than two (2) transient guests per night.
J. Accommodations shall be provided in
guestrooms only. The length of stay in a
bed and breakfast establishment
shall be a maximum of one (1)
week.
K. Any application for a Special Use
shall include, in addition to all other documents required for a Special
Use
application, floor plans drawn to
scale accurately showing the guest rooms in relation to the rest of the
single-family
detached dwelling.
L. By January 31st of each
year after the operation of the bed and breakfast begins, the owner/resident of
the property
shall file an affidavit along
with an annual renewal fee (if any), with the Director of the
Department, that the property
complies with the preceding subparagraphs (A. through K.) on the date of the
filing.
Sec 4.20 OPEN SPACE
Land required by this Ordinance to remain
as open space may be used for recreation, resource protection, underground
utility, and amenity and buffer area purposes.
Where open space is part of a park and/or school dedication, the entire
parcel so dedicated shall be considered as open space.
Sec. 4.21 ROADSIDE STANDS
A roadside stand shall be located on a
lot containing not less than one (1) acre of land area where the principal use
is agriculture. The stand including all
off-street parking facilities, shall be located not less that forty (40) feet
from any right-of-way line of any public street, shall not have a building
height exceeding one (1) story, shall not contain space for customers in the
structure, and shall not exceed 600 feet of floor area. The farm products sold in the stand may
include trees, shrubs, flowers, vegetables, fruits, poultry and poultry
products and other similar farm products.
33
CHAPTER 5 NONCONFORMING
BUILDINGS, STRUCTURES
Sec
5.0. PURPOSE.
The
purpose of this Chapter is to provide for the regulation of nonconforming
buildings, structures, and uses and to specify those circumstances and
conditions under which such nonconforming buildings, structures, and uses may
be continued and/or redeveloped.
This Ordinance establishes separate districts for the location of uses
permitted in those districts, it is necessary and consistent with the establishment
of those districts that nonconforming buildings, structures, and uses which
substantially and adversely affect the orderly development and taxable value of
other property in the district not be permitted to continue without
restriction.
Sec. 5.1. AUTHORITY TO CONTINUE NONCONFORMING BUILDINGS
Any nonconforming building, structure, or use existing lawfully at the time of
the adoption of this Ordinance and which remains nonconforming, and any
building, structure or use rendered nonconforming by the adoption of this
Ordinance, or by any subsequent amendments thereto, may be continued subject to
the regulations that follow.
The burden of establishing that any nonconformity is a legal nonconformity as
defined by this Ordinance shall, in all cases, be the responsibility of the
owner or user of the nonconformity.
Sec. 5.1-1. Repairs and Alterations.
A nonconforming building, structure or use shall not be enlarged upon,
expanded, or extended in any manner unless the alteration conforms with the
regulations of the district within which it is located. Any nonconforming
building or structure is eligible for nonstructural repairs including the
replacement of roof covering, veneering or outer walls and incidental repairs
which do not extend or intensify the non-conformities.
A. Repairs and alterations may
be made to return a building or structure to a safe condition in accordance
with an order
by a public
official who is charged with protecting the public safety and who declares such
building
or structure to be unsafe and orders its restoration to a safe condition,
provided that such restoration does not otherwise violate the provisions of
Sec. 5.1-4.
B. A building containing a
nonconforming residential use may be altered to increase the livability of the
building,
provided that no
structural alteration shall be made which would increase the number of dwelling
units in the
building.
Sec. 5.1-2. Structural Alterations, Additions & Enlargements.
A. BUILDINGS OR STRUCTURES
DESIGNED OR USES NOT CURRENTLY ALLOWED IN THE ZONING
DISTRICT:
Additions or enlargements may be made only to make the building, structure or
use conform to the
regulations of
the district in which it is located.
1. No building or structure
partially occupied by a nonconforming use shall be altered in such a way as to
permit the enlargement or expansion of
the space occupied by the nonconforming use.
2. No building or structure
which is considered nonconforming with respect to this Ordinance shall be
altered
or expanded in any manner which would
increase the degree or extent of the
nonconformity.
B. ADDITIONS
is nonconforming as to bulk only, and is designed or
intended for a use permitted in the
district, shall not be
added to or enlarged in any manner unless such additions or enlargements
thereto conform to all the regulations of the district where such building or
structure is located, and unless such nonconforming building or structure,
including all additions and enlargements thereto, shall conform to the
following:
34
1. Regulations concerning the amount of
lot area per dwelling unit, as provided in this Ordinance.
2. The permitted height as
provided in this Ordinance.
3. The allowable gross floor
area per building or structure as provided in this Ordinance.
4. That no required yard shall
be encroached upon or further encroached upon where such required yard is
already
nonconforming.
Sec. 5.1-3. Relocation
and joint use of buildings, structures, and/or land.
No nonconforming building, structure or use shall be moved in whole or in part
to any other location on the same or any other zoning lot unless every portion
of such building or structure, and the use thereof, conforms to all of the
regulations of the district where it is to be located. Where a nonconforming
use exists, and a conforming use is proposed, the nonconforming use must cease
upon initiation of the conforming use. No joint use of either buildings,
structures, and/or land shall be permitted.
Sec. 5.1-4. Restoring
Damaged Buildings.
In the event that a nonconforming building, structure or use is damaged or
destroyed by any means, such building, structure, or use may be restored or
reconstructed, provided such restoration is on the existing footing or is the
same square footage of such building, structure or use. If such restoration or
reconstruction is not on the existing footing or is not the same square
footage, then such building, structure or use shall not be restored unless it
shall thereafter conform to the regulations for the district in which it is
located. In the event the nonconforming building, structure or use is rebuilt
pursuant to this provision said building, structure or use must conform to the
front/side/rear yard requirements of the district in which it is located to the
extent that it is possible and does not cause a hardship.
If the restoration is not started within one (1) year from date of destruction
and completed within one year after starting restoration, the building or
structure shall be removed and the area cleared by the owner and the building
shall not be restored unless it shall thereafter conform to the regulations for
the district in which it is located. In the event restoration is not able to be
started within one (1) year or completed within one year after starting
construction because of insurance delays, legal issues or any other practical
hardship the property owner may apply for a variance extending the time.
Sec. 5.1-5. Change of
ownership or tenancy
Provided there is no change in the nature or character, extent or intensity of
such nonconforming use, building or structure, other than signage, there may be
a change of ownership, tenancy, or management of an existing nonconforming use,
building or structure.
Sec 5.1-6. Discontinuance of a Nonconforming Use.
If the nonconforming use of a building, structure, or property is discontinued
for a continuous period of twelve (12) months, it shall not be renewed; and any
subsequent use of the building, structure, or property shall conform to the use
regulations of the district where such building, structure or property is
located.
Sec. 5.1-7. Use of Land.
The nonconforming use of land, not involving a structure or building or in
connection with any building or structure thereon, which is incidental or
accessory to the principal use of the land, may be continued subject to the
following.
A. A nonconforming use of land
shall not be expanded or extended beyond the area included in the ownership
existing
at the time the
use of land became nonconforming.
B. If the nonconforming use of
land is discontinued for a period of twelve (12) consecutive months, it shall
not
thereafter be
renewed, and any subsequent use of land shall conform to the regulations of the
district in which
the land is located.
C. The nonconforming use of
land shall not be changed to any other use except to a use permitted in the
district in
which the land is
located.
35
D. Any
lot of record or tract of land which existed legally at the time of adoption of
this Ordinance and is made
nonconforming by
this Ordinance due to bulk requirements by the acquisition (by negotiation or
condemnation)
of a portion of said tract for public purposes by any public agencies shall be
considered a buildable lot for any Permitted or Special Use in the district in
which the lot is located, provided that the use meets the requirements of the
other codes and ordinances of LaSalle County.
36
CHAPTER 6 ZONING
DISTRICTS
Sec.
6.0. ZONING DISTRICTS.
In
order to carry out the purpose and intent of this Ordinance, the unincorporated
area of the County is hereby divided into the following districts:
AGRICULTURE DISTRICTS
A-1
Agriculture District
AC Agriculture-Conservation
District
RESIDENCE DISTRICTS
R-1 Rural Residence District
R-2 Single Family Residence
District
R-3 General Residence District
BUSINESS DISTRICTS
B-1
Local Business District
B-2 General Business District
INDUSTRIAL DISTRICTS
1-1 Industrial District
Sec. 6.1. ZONING
The location and boundaries of the districts established by this Ordinance are
as shown on the Zoning District Map of each township of the County, which
together with all explanatory matter thereon, are hereby adopted by reference
and declared to be a part of this Ordinance. The said zoning maps, together
with everything shown thereon and all amendments thereto, shall be as much a
part of this Ordinance as if fully set forth and described verbally herein.
Sec. 6.2. BOUNDARIES OF DISTRICTS.
When uncertainty exists with respect to the boundaries of the various districts
as shown on the Zoning District Maps, the following rules shall apply:
A. District boundary lines are
either the center lines of railroads, highways, streets, alleys, waterways or
easements, or
the boundary
lines of sections, quarter sections, division of sections, tracts or lots, or
such
lines extended
unless otherwise indicated.
B. In areas not subdivided into
lots and blocks: wherever a district is indicated as a strip adjacent to and
paralleling a
street or
highway, the depth of such strips shall be in accordance with dimensions shown
on
the
maps measured at right angles from the street or highway, and the length of the
frontage shall be in accordance with dimensions shown on the maps from section,
quarter-section, or division lines or center lines of streets, highways, or
railroad rights-of-way unless otherwise indicated.
C. Where a district boundary
line divides a lot as defined herein, the regulations for either portion of the
lot may,
in the owners
discretion, extend to the entire lot, but not more than twenty-five (25) feet
beyond the boundary line
of
the district.
D. The Director,
zoning district
boundary lines.
37
Sec. 6.3.
DISCONNECTED
TERRITORY.
Any
additions to the unincorporated area of the County, resulting from
disconnection by municipalities shall be classified as A-1 Agriculture District
until otherwise reclassified by amendment.
Sec. 6.4. EXEMPTIONS.
The following uses are exempted by this Ordinance and permitted in any district
as provided by the Illinois Compiled Statutes:
A. Cables, conduits, laterals,
poles, towers, vaults, wires or any other similar distribution equipment of a
public utility
as defined in an
act entitled, An Act Concerning Public Utilities, of the Illinois Compiled
Statutes.
B. Agricultural uses as
previously defined, page 3, except that agricultural buildings and structures
shall conform to the
setback and lot
size for a single family residence , even if used for agricultural purposes. No
minimum lot size
is required for land used for agricultural purposes.
C. Temporary use of land for
the installation, maintenance and operation of facilities used by contractors
in the
ordinary course
of construction activities, provided such facilities shall be located not less
than
1,000
feet from any building used for residential purposes, and provided that the
period of such temporary use shall not exceed the duration of the construction
contract.
Sec. 6.5. FACILITIES OF TELECOMMUNICATIONS CARRIER
The facilities of a telecommunications carrier in any zoning district shall be
governed by and procedures followed as provided in Section 5-ILCS 12,001.1 of
the Counties Code, 55 ILCS 5/5-12,001.1 as amended.
38
CHAPTER 7 AGRICULTURE
DISTRICT
SECTION
7.0. PURPOSE
The
Agriculture District is provided to support and complement the LaSalle County
Comprehensive Plan. Agriculture District requirements are further established
to govern location, intensity and development of agricultural land in
Sec. 7.0-1. Permitted Uses:
Buildings, structures, or uses of land as hereinafter listed shall be permitted
in the district under the conditions specified. Except as hereinafter provided,
no building shall be used and no lot or tract of land shall be devoted to any
use other than a Permitted Use or Special Use where such building, lot or tract
of land shall be located with the exception of the following:
A. Uses lawfully established on
the effective date of this Ordinance.
B. Special Uses allowed in
accordance with the provisions of Sec. 7.0-2 hereunder.
C. Buildings, structures or
uses already established on the effective date of this Ordinance and rendered
nonconforming
by the provisions
hereof shall be subject to the regulations of Chapter 5 of this Ordinance.
Sec. 7.0-2. Special Uses.
Special Uses, as hereinafter listed in the zoning district, may be allowed
subject to the granting of a Special Use in accordance with the provisions of
Sec. 14.10.
Sec. 7.0-3.
A. No buildings shall be
converted so as to conflict with the lot size requirements of the district
where such buildings
are located.
B. Except as provided in Sec.
4.3-5, no building shall be constructed on a zoning lot after the effective
date of this
Ordinance when
such lot contains less area or less lot width than prescribed for such use in
the
zoning district
where such use is to be located.
Sec. 7.0-4. Yard Requirements.
Yards shall be required as specified under the zoning district. In addition,
all yards shall be maintained in accordance with the definitions in Chapter 3.
Sec. 7.0-5. Building Bulk Requirements.
Building bulk requirements shall be expressed in terms of minimum yard
requirements as prescribed in the zoning district.
Sec. 7.0-6. Signs.
Signs shall be permitted in Agriculture District in accordance with the
provisions set forth in Chapter 11 of this Ordinance.
Sec. 7.0-7. Required Conditions.
Permitted or Special Uses established in the Agriculture District shall comply
with the following required conditions:
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A. Not
more than one (1) principal building, structure or use shall be located on a
zoning lot within this district, except
by a subdivision
of land. Nondwelling buildings or structures used for agriculture may have
more
than one building or structure located on a zoning lot and are exempt from this
requirement pursuant to Sec. 6.4.B. Two single family dwellings are allowed on
a zoning lot for related owners who reside on the farm, are actually engaged in
the farm operation and earn a part of their livelihood from the farm. Two
single family dwellings on a zoning lot will be allowed on a temporary basis if
property owner/occupant is constructing another dwelling on the same zoning lot
and intends to destroy, abandon or otherwise fails to occupy the existing
dwelling. A temporary mobile home may also be allowed if the property
owner/occupant is constructing, remodeling or reconstructing the existing
dwelling or building a new dwelling. The mobile home must be removed when the
property owner/occupant occupies the newly remodeled or reconstructed dwelling.
B.
except by a subdivision
of land.
Sec. 7.0-8. Additional Conditions.
Permitted or Special Uses established in the Agricultural District shall be
required to observe all additional regulations as specified within the zoning
district.
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A-1 Agriculture District
The
A-1 Agriculture District is designed to encourage farming practices and related
agricultural uses on those lands which are uniquely situated for farming uses
due to type of soils, location and/or topography.
Sec. 7.1-1.
Except as otherwise provided herein, a separate ground area herein called the
zoning lot, shall be designated, provided and continuously maintained for each
building, structure or use containing a Permitted or Special Use:
A. MINIMUM
1. Single Family Detached
Dwellings: The zoning lot shall be not less than thirty-five (35) acres.
2. All other Permitted or
Special Uses: Not less than thirty-five (35) acres except as otherwise required
herein.
B. MINIMUM
1. Single Family Detached
Dwellings: Not less than 165 feet.
2. All other Permitted or
Special Uses: Not less than 165 feet, except as otherwise required herein.
Sec. 7.1-2. Yard Requirements.
Except as otherwise provided herein, each principal building located in the A-1
District shall provide for one (1) front yard, two (2) side yards, and one (1)
rear yard; or, if on a corner, two (2) front yards, one (1) side yard and one (1)
rear yard.
A. MINIMUM YARD REQUIREMENTS
Front Side
Rear
Yard Yard
Yard
1. Agriculture:
a) 70 ft.* N/A N/A
b) 85
ft.* N/A N/A
c) 100
ft.* N/A N/A
2. Single
Family a) 70 ft.* 20 ft. 20
ft.
Detached Dwelling b) 85 ft.* 20
ft. 20 ft.
c) 100
ft.* 20 ft. 20 ft.
3. All Other Permitted a) 70
ft.* 20 ft. 20 ft.
or Special Uses b) 85
ft.* 20 ft. 20 ft.
c) 100
ft.* 20 ft. 20 ft.
* Yard requirements for the front
yard vary depending on the classification of the roadway that the property
is facing. Properties facing township
roadways have a seventy (70) foot setback from the
centerline of the roadway. Properties
facing county roadways have an eighty (85) foot setback from
the centerline of the roadway. Properties
facing a state roadway have a one hundred (100) foot setback
from
the centerline of the roadway. In all cases the setback shall be a minimum of
30 feet
from
the edge of the road right-of-way or edge of the roadway easement. All yard
requirements for the front yard are measured from the centerline of the
roadway. All other yard requirements are measured from the respective property
line.
N/A = Not Applicable
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B. USE
OF YARDS
All non-agricultural and non-single family detached uses shall utilize required
yards for the purpose of providing site access, fire access, landscaping and
fences. Accessory off-street parking and on-site circulation shall be
prohibited in all yards.
Sec.7.1-3. Permitted Uses.
A. AGRICULTURE and GREENHOUSES
and NURSERIES including all buildings, structures and uses for
agriculture as
defined.
B. AGRICULTURAL IMPLEMENT SALES
C.
providers own
children) and which do not have any outside employees.
D. DWELLINGS, SINGLE FAMILY
E. EXCAVATION and/or FILLING:
The excavation and/or filling of any land, where the excavation and/or
filling
operation meets all the requirements
of any applicable Storm Water Management Ordinance.
F. PRIVATE RESTRICTED LANDING
G.
1. Temporary Construction
Yard: The temporary use of land for the installation, maintenance and operation
of
facilities used by contractors in the
ordinary course of construction related to a zoning
lot
for which the temporary construction yard is an integral part. Provided such
facilities shall be located not less than 500 feet from any building used for
residential purposes and provided that the period of such temporary use shall
not exceed the duration of construction for the development site.
2. Other Temporary Uses:
Temporary uses shall be reviewed by and approved by the Director, County
Planning and Zoning Department, prior to
being established on a zoning lot. The Director shall
have
authority to establish reasonable terms and conditions for the temporary use
including, but not limited to, location on the lot, parking and time limit.
H. ACCESSORY BUILDINGS,
STRUCTURES
1. Garages, carports, hangers,
stables or other accessory buildings.
2. Roadside Stands (See
Chapter 3 Definitions)
3. Private stables for the
keeping of horses.
4. Noncommercial radio and
television towers and antennas, including the structure thereto, shall be
permitted
subject to the following conditions:
a) Shall comply with applicable
Federal Communications Commission (F.C.C.) height
restrictions, if any.
b) No portion of any tower,
antenna or support wires may be located within any of the yard
requirements of Sec. 7.1-2.A.
c) All yard requirements of
Sec. 7.1-2.A. shall be increased by one (1) foot for each additional two
(2) feet by which the tower or
antenna height exceeds thirty (30) feet in height.
d) In no event shall the tower
or antenna exceed 50 feet in height except by Special Use permit.
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I. OWNER-OPERATOR AGRICULTURAL
PRODUCTS TRUCKING FACILITY WITH 15 OR LESS TRUCK
UNITS.
Sec.
7.1-4. Special Uses.
The following Special Uses require prior approval after public hearing in
accordance with the requirements of Chapter 14.
A. ACCESSORY HOUSING.
B. CEMETERIES,
provided all buildings
shall be located not less than fifty (50) feet from any property line.
C. COMMERCIAL BLENDING FACILITY.
D. COMMERCIAL
STORAGE.
E. COMMERCIAL FEED MILLS.
F. COMMERCIAL GRAIN STORAGE
FACILITIES.
G. COMPOSTING FACILITY.
H. DWELLING GROUP QUARTERS.
I. EXPLOSIVE HAZARDS, SALES
J.
K. GROUP
HOMES.
L. KENNELS.
M. MEAT PROCESSING PLANTS
(small).
N. MINING, LOADING
buildings, or structures for screening, crushing,
washing or storage or other processing, for
shipping for market, not including manufacturing.
O. MOBILE HOMES, (See Chapter 3
Definitions).
P. NONCOMMERCIAL RADIO
height permitted in the A-1 District.
Q. OWNER-OPERATOR AGRICULTURAL PRODUCTS
TRUCKING FACILITY WITH 16 OR MORE TRUCK UNITS.
R. OTHER AGRICULTURAL RELATED
BUSINESSES. When applying for a Special Use permit, the petition must
show proof that the business activity
is legitimately related to agriculture.
S.
T. PRIVATE COMMERCIAL,
AIRPORT-HELIPORT.
U. PUBLIC AUCTION FACILITY.
V. PUBLIC UTILITY and/or
SERVICE USES.
W. RELIGIOUS INSTITUTIONS:
chapels, churches, synagogues, temples and other religious institutions
including
parsonages and rectories.
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X. RESIDENTIAL
1. Day Care Centers.
2.
3. Day Care Homes which
receive from nine (9) to twelve (12) children under the age of twelve (12)
(including
the providers own children) or which have one (1) or more outside employees
(See
Chapter
3, Definitions and Sec. 4.17).
4. Group Day Care Homes.
Y. SCHOOLS, public and private
elementary, junior high and high schools, boarding or non-boarding. This term
shall
not apply to private schools in the home with twelve
(12) or less unrelated children.
Z. SEPARATE LIVING QUARTERS for
domestic servants employed on the premises.
AA. SINGLE FAMILY DWELLING and
single family dwelling accessory buildings, structures and uses on lots less
than thirty-five (35) acres of
land area but at least one (1) acre in size when meeting one or more of the
following
criteria:
1. The soil type(s) of the
property as defined by the Natural Resources and Conservation Service of
LaSalle
County
are not prime or otherwise have low productivity ratings making them
impractical
for agricultural use. The
Land Evaluation and Site Assessment System (LESA) shall not be required as part
of the Special Use hearing but may be used by the applicant for presentation in
the Special
Use
hearing if desired.
2. The proposed site is not
currently used for the raising of crops or livestock and the length of time the
site
has not
been used for said purposes.
3. Topographic, slope or other
geographic considerations make the active farm use of the property
impractical.
4. The occupant of the
proposed dwelling is related to the owner of the larger tract and will be actually
engaged
in part of an existing family farm operation and earn a part of their
livelihood from that
family
farm operation.
5. Other practical
considerations or hardships.
Additional conditions for single family
dwelling Special Use:
1. The division of the
proposed lot for the single family dwelling Special Use must meet the
requirements of
the
2. A Special Use under this
Section will not be allowed on lots of record that, at the time of enactment of
this
Ordinance, are under thirty-five (35)
acres.
3. The division of the
proposed lot may not leave remaining or form a lot of less than thirty-five
acres.
4. The Special Use Hearing fee
under this Section will be $100 regardless of the proposed lot size.
BB. WIND POWER FACILITIES
The provisions of this
subsection BB apply to wind power facilities with a rated capacity of less than
100
megawatts. All wind power facility turbines shall be in
compliance with all applicable state and federal regulatory
standards including the Uniform
Building Code as adopted by the State of
adopted by the State of
requirements.
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Facility equipment shall conform to
applicable industry standards including the American Wind Energy Association
standards for wind turbine
design and related standards adopted by the American Standards Institute
(ANSI).
Applications shall submit
certificates from equipment manufacturers that the equipment is manufactured in
compliance with industry
standards.
1. Description of Project.
This
shall include a legal description for the location of the tower and/or
substation, the location of property lines of adjoining property owners (in the
case of leased property, the location of property lines of property owners
adjoining the landlords property), the number and capacity of turbines, height
and diameter of turbine rotors, turbine color, and rotor direction. All turbines shall be new equipment; no used,
experimental or prototype equipment shall be approved by the Director,
with
a redundant braking system. This
includes both aerodynamic over-speed controls (including variable pitch, tip,
and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a
fail-safe mode, whereby they are engaged in case of load loss on the
generator. Stall regulation shall not be
considered a sufficient braking system for over-speed protection.
2. Site Plan:
The
site plan shall detail the location of the project area boundaries (i.e., the
property lines if the site is owned by the developer or the leased property
lines if the site is leased), the turbines, roads, transformers, power lines,
communication lines, interconnection points with transmission lines, and other
ancillary facilities or structures, and must detail compliance with the
following:
a) Setback Requirements.
Object Setback
Residence
..
..750
feet
Property
Line
.. 1.10 times its height
Public
Roads (from right-of-way)
.. 1.10 times its height
Other
Structures
.. 1.25 times its height