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The following use restrictions and regulations shall apply.
(A) Principal uses. Only those principal uses specified for a district or on a planned development plat, their essential services and the following uses shall be permitted in that district.
(B) Accessory uses and structures. Accessory uses and structures are permitted in any district, but not until their principal structure is present or under construction; except that, a garage for shelter of motor vehicles or a utility shed to store tools needed to garden, farm or maintain the property in question will be permitted.
(C) Uses by special permit. Uses by special permit (conditional uses) and their accessory uses are permitted in districts as specified, but only according to the procedure set forth in § 155.130. The development shall be specifically reviewed by the Planning Commission as provided in §§ 155.125 through 155.132.
(D) Unclassified or unspecified uses. In case of uncertainty where the Administrator is unable to determine liberally whether a use is permitted as a principal or accessory use, he or she shall consult the Board of Zoning Appeals for an interpretation.
(E) Temporary uses.
(1) Temporary uses such as field offices or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the Administrator through the issuance of a certificate of zoning compliance. In either case, the permit shall expire with the completed construction.
(2) An existing single-family dwelling, an accessory structure such as a garage, or a modular or mobile home may be allowed as temporary dwelling during that period of time that a new, principal, single-family dwelling is being constructed upon the same property. This temporary use is for a period of time not to exceed one year or the date of first occupancy of the newly constructed residence, whichever is the earlier date. The temporary dwelling shall comply with all public health and minimum yard requirements. Upon the expiration of the time period or occupancy of the newly constructed residence, the temporary dwelling shall be removed from the property or otherwise brought into complete conformity with the provisions of this chapter.
(3) Temporary construction operations, such as, but not limited to, the batching or mixing of portland cement concrete or bituminous concrete shall be allowed in all districts; provided, petitions from all land owners within 500 feet of operation are provided the Administrator. If petitions cannot be obtained, an appeal may be made by the special permit procedure. The permit will only be good for a period not greater than two years or the completion of the project, whichever is the earlier date. Under no circumstances will the sale of products from these operations be allowed, except for use on the principal project.
(Prior Code, § 152.008) (Ord. passed 3-9-1976; Ord. passed 7-12-1990; Ord. passed 6-11-1992; Ord. passed 6-20-2024) Penalty § 155.999
The following site restrictions and regulations shall apply.
(A) Soil conditions.
(1) No land shall be used or structure erected where the land is held unsuitable for the use or structure by the County Board by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetic and general welfare of the county.
(2) The County Board, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting the unsuitability, if he or she so desires. Thereafter, the County Board may affirm, modify or withdraw its determination of unsuitability.
(B) Abutment on public thoroughfare. All lots shall abut upon a public thoroughfare.
(C) Dedication. No zoning permit (building permit) shall be issued for a lot that abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.
(D) Dimensions of building sites.
(1) Lots not served by public sewer.
(a) General. In all districts, lot sizes shall be based on soil capabilities. The County Board shall request an opinion of the County Sanitarian before making judgement on required lot sizes. In no cases shall the lot size be less than those specified as minimum requirements in § 155.065. However, the County Board may require lots larger than the minimums. All developments not served by public sewers shall also conform to division (A) of this section and the separate regulation entitled Regulation of Sewage Disposal and Erection, Construction or Repair of Any Septic Tank, Privy Vault, Sink Drain or Sewage Disposal System within the Limits of DeWitt County, Illinois.
(b) Side yards. There shall be a side yard for each principal building. In the Rural Development-2 District, the distance between principal structures shall be not less than 100 linear feet. Unless otherwise specifically required or permitted, the side yard requirements for all other districts shall be those indicated as minimums in § 155.065.
(2) Lots served by public sewer. Lots served by public sewer shall be as specified in § 155.065.
(E) Reduction or joint use. No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.
(F) Substandard lots. A lot which does not contain sufficient area to conform to the dimensional requirements of this chapter for yards, courts, width, depth or open space may be developed provided:
(1) The use is permitted in the zoning district;
(2) Pre-existing substandard lots which have been properly platted and recorded with the County Recorder shall be allowed to be developed; providing, setback requirements are met; and
(3) Any lot utilizing septic tank filter fields must conform to the County and State Board of Health standards regulating that development.
(Prior Code, § 152.009) (Ord. passed 3-9-1976; Ord. passed 6-20-2024)
The Planning Commission and the County Board shall continuously develop their comprehensive plan, including their planning policies to guide future decisions. All comprehensive plan elements, in whatever degree of detail they may embody, shall provide the basis for approval of all development under this chapter, and no development shall be approved under this chapter which is in conflict with any comprehensive plan elements.
(Prior Code, § 152.010) (Ord. passed 3-9-1976; Ord. passed 6-20-2024
(A) It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law.
(B) However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.
(Prior Code, § 152.011) (Ord. passed 3-9-1976; Ord. passed 6-20-2024
ZONING DISTRICT BOUNDARIES AND MAPS
In order to carry out the purposes of this chapter, the geographic area within the jurisdiction of this chapter is hereby divided into the following use districts:
A | Agricultural District |
B-1 | General Commercial District |
B-2 | Convenience Commercial District |
B-3 | Highway Commercial District |
FP | Floodplain District |
I | General Industrial District |
R-1 | Low Density Single-Family Residential |
R-2 | High Density Single-Family Residential |
R-3 | Multi-Family Residential District |
R-4 | Mobile Home District |
RD-1 | Rural Development District - 1 |
RD-2 | Rural Development District - 2 |
RD-3 | Rural Development District - 3 |
(Prior Code, § 152.025) (Ord. passed 3-9-1976; Ord. passed 6-20-2024
The certified copy of the zoning map directory will bear on its face the attestation of the Chairperson of the County Board and the County Clerk. It shall be on file and may be viewed in the office of the County Clerk. It shall contain the zoning map for the unincorporated areas of the county and for any incorporated municipalities which have not adopted their own zoning ordinance.
(Prior Code, § 152.026) (Ord. passed 3-9-1976; Ord. passed 6-20-2024
(A) (1) Boundaries of these districts are hereby established as shown on the series of maps entitled “Zoning Map Directory, County of DeWitt, Illinois” dated 3-9-1976 and which accompanies and is hereby declared to be a part of this chapter.
(2) District boundaries shall be construed to follow: corporate limits; county limits; public highways, alleys, easements and railroad rights-of-way or the lines extended; soil mapping unit lines; unless otherwise noted in the Zoning Map Directory.
(B) Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the adjoining district. If a vacated street or alley adjoins two different zones, the centerline of the vacated street or alley shall constitute the zoning district.
(Prior Code, § 152.027) (Ord. passed 3-9-1976; Ord. passed 6-20-2024)
Any land which may be annexed to an incorporated community affected by this chapter shall be placed in the Rural Development-3 District until special action of the County Board shall definitely assign the land to another district.
(Prior Code, § 152.028) (Ord. passed 3-9-1976; Ord. passed 6-20-2024)
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