January 2006

FINAL DRAFT
(PROPOSED)

LaSalle County Zoning Ordinance

Prepared By:
The LaSalle County Planning and Zoning Commission

Don Kaminky, Chairman

Ken Stockley

Dale McConville
Gary Small
Don Jordon
Joe Savitch
John Hughes
Jim Maierhofer
Robert Miller

Assisted by:
Troy D. Holland
LaSalle County Assistant State’s Attorney

January 2006

TABLE OF CONTENTS

CHAPTER 1 TITLE PAGE
Sec. 1.0 TITLE 1

CHAPTER 2 PURPOSE AND INTENT 1

Sec. 2.0 PURPOSE AND INTENT 1

CHAPTER 3 RULES AND DEFINITIONS 2

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 AND USE REGULATIONS 20
Sec. 4.4 LOT COVERAGE 21
Sec. 4.5 PERMITTED PROJECTIONS - YARDS 22
Sec. 4.6 FENCES, WALLS, AND SHRUBBERY 22
Sec. 4.7 SPECIAL EVENTS AND TENTS 23
Sec. 4 8 SEWAGE DISPOSAL AND WATER SUPPLY 24
Sec. 4.9 ACCESSORY BUILDINGS, STRUCTURES, AND USES 24
Sec. 4.10 AIRPORTS AND THEIR SURROUNDINGS 24
Sec. 4.11 AIRRIGHTS 24
Sec. 4.12 GROUP HOMES 25
Sec. 4.13 SITE PLAN REVIEW 25
Sec. 4.14 ADULT BUSINESS USES 26
Sec. 4.15 ACCESSORY HOUSING 27
Sec. 4.16 HOME OCCUPATIONS 28
Sec. 4.17 DAY CARE HOMES 29
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 AND USES

CHAPTER 6 ZONING DISTRICTS AND MAPS 37
Sec. 6.0 ZONING DISTRICTS 37
Sec. 6.1 ZONING MAPS 37
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 AND GENERAL CONDITIONS 39
Sec. 7.1 A-1 AGRICULTURE DISTRICT 41
Sec. 7.2 A-C AGRICULTURE CONSERVATION DISTRICT 48

i

PAGE

CHAPTER 8 RESIDENCE DISTRICTS 51
Sec. 8.0 PURPOSE AND GENERAL CONDITIONS 51
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 AND GENERAL CONDITIONS 68
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 AND GENERAL CONDITIONS 79
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 AND TEMPORARY SIGNS 88
Sec. 11.4 SPECIFIC SIGN REQUIREMENTS 88

CHAPTER 12 OFF STREET PARKING AND LOADING REQUIREMENTS 91
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 AND ENFORCEMENT 105
Sec. 14.0 ORGAN IZATION 105
Sec. 14.1 COUNTY PLANNING AND ZONING DEPARTMENT 105
Sec. 14.2 ZONING BOARD OF APPEALS 106
Sec. 14.3 COUNTY BOARD 107
Sec. 14.4 ZONING CERTIFICATES 107
Sec. 14.5 AGRICULTURAL LAND EVALUATION AND 107

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 AND PENALTIES-GENERAL 121
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 AND PRINCIPAL
BUILDING ILLUSTRATION A-3

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 AND INTENT

SECTION 2.0 PURPOSE AND INTENT

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.

LaSalle County recognizes the importance of agriculture as an industry and a way of life for many of LaSalle County’s citizens. The intent of this Ordinance is to preserve and protect the most fertile land for agriculture pursuits and to prevent premature development of such land by non-agricultural uses. The provisions of this Ordinance are designed to prevent conflict between agricultural and urban land uses and direct those urban land uses to areas able and willing to service them.

1

CHAPTER 3 RULES AND DEFINITIONS

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.

Accessory Building, Structure, or Use: An accessory building, structure or use is one which is located on the same zoning lot as the principal building, structure or principal use served, with the single exception of accessory off street parking facilities which are permitted to locate elsewhere than on the same zoning lot with the building, structure or use served. It also:

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 whatev