CODE OF ORDINANCES VILLAGE OF RANTOUL, ILLINOIS
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Published in 2009 by Order of the President and Board of Trustees
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Adopted: February 9, 2010
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>OFFICIALS
of the
VILLAGE OF
RANTOUL, ILLINOIS
AT THE TIME OF THIS RECODIFICATION
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Neal Williams
Village President
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J. Roger Jones
Tony Brown
Margurette Carter
Joe Bolser
Charles "Chuck" Smith
Jim Stubblefield
Village Board of Trustees
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Bruce W. Sandahl
Village Administrator
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Kenneth N. Beth
Village Attorney
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Jeremy A. Reale
Village Clerk
CURRENT OFFICIALS
of the
VILLAGE OF
RANTOUL, ILLINOIS
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Charles "Chuck" Smith
Village President
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Sam Hall
Jennifer Fox
Henry "Hank" Gamel
Sherry Johnson
Chad Smith
Terry Workman
Village Board of Trustees
____________
Scott Eisenhauer
Village Administrator
____________
Kenneth N. Beth
Village Attorney
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Michael P. Graham
Village Clerk
PREFACE
This Code constitutes a recodification of the general and permanent ordinances of the Village of Rantoul, Illinois.
Source materials used in the preparation of the Code were the 1977 Code, as supplemented through May 7, 2001, and ordinances subsequently adopted by the board of trustees. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1977 Code, as supplemented, and any subsequent ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.
Chapter and Section Numbering System
The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.
Page Numbering System
The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:
CHARTER CHT:1 RELATED LAWS RL:1 SPECIAL ACTS SA:1 CHARTER COMPARATIVE TABLE CHTCT:1 RELATED LAWS COMPARATIVE TABLE RLCT:1 SPECIAL ACTS COMPARATIVE TABLE SACT:1 CODE CD1:1 CODE APPENDIX CDA:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CHARTER INDEX CHTi:1 CODE INDEX CDi:1 Index
The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself that stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This publication was under the direct supervision of Sandra S. Fox, Code Attorney, and Ellen K. Torof, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to Jeremy Reale, Village Clerk, and Kenneth Beth, Village Attorney, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the village readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the village's affairs.
ORDINANCE NO. 2214
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE VILLAGE OF RANTOUL, ILLINOIS; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF RANTOUL, CHAMPAIGN COUNTY, ILLINOIS, as follows:
Section 1. The Code entitled the "Code of Ordinances, Village of Rantoul, Illinois," published by Municipal Code Corporation, consisting of chapters 1 through 46, each inclusive (the "Code"), a copy of which has been presented to and is now before the meeting of the President and Board of Trustees of the Village of Rantoul, Illinois (the "Village") at which this Ordinance is adopted, together with all such corrections thereto as are subsequently made and provided for in this Ordinance, is hereby adopted and enacted. Except to the extent provided for in Sections 2 and 3 of this Ordinance, the Code shall be treated and considered as a new and comprehensive ordinance which shall supercede all general and permanent ordinances of the Village adopted on or before October 13, 2009.
Section 2. All provisions of this Ordinance and the Code shall be in full force and effect from and after March 1, 2010, and all ordinances of a general and permanent nature passed and approved on or before October 13, 2009, and not included in the Code or this Ordinance or recognized and continued in force by reference either therein or herein, are hereby repealed as of March 1, 2010.
Section 3. In addition to the ordinances and resolutions specified in Sec. 1-7 of the Code in which it is expressly provided that the repeal provided in this Ordinance shall not affect the continuing validity of any such ordinances or resolutions, the following are hereby additionally saved from repeal and shall remain in full force and effect:
(a)
Any ordinance or resolution establishing a fee for any licenses and permits issued prior to the effective date of this Ordinance and the Code or an administrative penalty for certain ordinance violations imposed prior to such effective date that are consistent with the Code.
(b)
Any ordinance or resolution establishing charges, fees and rates for any electric, natural gas, water and wastewater utility services incurred prior to the effective date of this Ordinance and the Code.
(c)
Any ordinance implementing the simplified municipal telecommunications tax as described in the Editorial Note to Article V of Chapter 24 of the Code as corrected in this Ordinance.
(d)
Any tax under and pursuant to Ordinance No. 1767 in connection with stormwater drainage which was imposed prior to the effective date of this Ordinance and the Code, including any related lien filed for any nonpayment thereof.
Section 4. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this Ordinance.
Section 5. Neither the adoption of the Code nor the repeal hereby of any ordinance or resolution of the Village shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of the Code, nor be construed as a waiver of any license or permit fee or any administrative penalty due and unpaid under any such ordinance, nor be construed as affecting any of the provisions of any such ordinance relating to the collection of any such license or permit fee or any administrative penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any such ordinance or resolution, and all rights and obligations thereof appertaining shall continue in full force and effect.
Section 6. In order to conform the applicable provisions thereof as adopted and enacted, the following sections, subsections or tables of the Code or parts of such sections, subsections or tables shall be and the same are hereby corrected to provide as follows:
(a) Sec. 4.2. Definitions. [page CD4:3]
Sec. 4.2. Definitions.
(a)
Whenever any words and phrases used in this Chapter are not defined herein but are defined in the Liquor Control Act, any such definition therein shall be deemed to apply to such words and phrases used in this Chapter, except where the context clearly indicates a different meaning.
(b)
The following words and phrases when used in this Chapter shall, for the purpose of this Chapter, have the meanings respectfully ascribed to them in this Section below, except where the context otherwise clearly indicates a different meaning:
Hotel/Motel means every building or other structure kept, used, maintained, advertised and held out to the public to be a place where sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which twenty-five (25) or more rooms are used for the sleeping accommodations of such guests, such sleeping accommodations being conducted in the same building or buildings in connection therewith.
Liquor Control Act means the Liquor Control Act of 1934 of the State of Illinois (235 ILCS 5/1-1 et seq.), as supplemented and amended from time to time.
Local Commissioner means the Village President of the Village, who is the local liquor control commissioner under and pursuant to Section 4-2 of the Liquor Control Act.
Special Event means any public or private event including, but not limited to, any banquet, picnic, reception, fundraiser, promotion, convention, show, bazaar, fair, carnival, recreational activity, entertainment or any similar assembly of individuals for any like purpose.
(b) Sec. 10-203. Additions, amendments, insertions and deletions. [page CD10:15, lines 6 and 7]
…and chapter 40, article VI of the village code…(c) Sec. 10-173. Additions, amendments, insertions and deletions. [page CD10:14-revised sections of mechanical code]
Section 106.5.2. Add Section 106.5.2 Fee Schedule: The schedule of fees for mechanical work shall be in the amount established from time to time by the village board.
Section 108.4. Add Section 108.4 Violations, penalties: Penalties for violations of this code shall be as specified in section 1-23 of the Village Code.
(d) Sec. 10-301. Additions, amendments, insertions and deletions. [page CD10:20-revised sections of fuel gas code]
Section 106.5.2. Add Section 106.5.2 Fee Schedule: The schedule of fees for work shall be in the amount established from time to time by the Village Board.
Section 108.5. Add Section 108.5. Add Section 108.5 Violations penalties: Penalties for violations of this code shall be as specified in section 1-23 of the Village Code.
(e) ARTICLE V. SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX OF CHAPTER 34 [page CD 34:8]
ARTICLE V. SIMPLIFIED MUNICIPAL
TELECOMMUNICATIONS TAXEditorial Note:
The Simplified Municipal Telecommunications Tax Act (35 ILCS 636/5-1 et seq.) which became effective July 1, 2007 (the "Simplified Tax Act" ), repealed the municipal telecommunications tax, the municipal tax on the occupation or privilege of transmitting messages and the municipal infrastructure maintenance fee, and, in connection with such repeal, enacted the simplified municipal telecommunications tax to simplify the imposition and collection of such municipal telecommunication taxes, all of which were then to be remitted by retailers engaged in the business of transmitting such telecommunications and collected by the Illinois Department of Revenue. Pursuant to Sections 5-25 and 5-30 of the Simplified Tax Act, any municipality with a population of less than 500,000 that have, at any time before the effective date of the Simplified Tax Act, enacted ordinances imposing any of the repealed taxes or fees was not required to adopt and file an ordinance implementing the simplified municipal telecommunications tax if such municipality appeared on a list published by the Illinois Department of Revenue which included the rates at which such taxes or fees were imposed as of the effective date of the Simplified Tax Act and the rate of the new simplified municipal telecommunications tax as calculated pursuant to such Section 5-30. As of the effective date of the Simplified Tax Act, the Village had previously imposed a municipal telecommunications tax at the rate of five percent (5%) of the gross charge for telecommunications under and pursuant to Ordinance No. 1596, passed and approved on May 12, 1998 and a municipal infrastructure maintenance fee at the rate of one-half of one percent (0.5%) of the gross charges for telecommunications under and pursuant to Ordinance No. 1569, passed and approved on December 9, 1997, as amended by Ordinance No. 1625, passed and approved on October 13, 1998. Because such previously imposed rates, together with the rate for the new simplified municipal telecommunications tax of five and one-half percent (5.5%), appeared on the list compiled by the Illinois Department of Revenue, the Village was not required to adopt and file any new or additional ordinance implementing the simplified municipal telecommunications tax, and the imposition of such simplified municipal telecommunications tax at the rate of five and one-half percent (5.5%) was provided to take effect with respect to gross charges billed by telecommunications retailers on or after January 1, 2003 in accordance with Section 5-25 of the Simplified Tax Act.
(f) Sec. 46-45. Classification of land subsequently in the jurisdiction of the village. (a) Automatic classification. TABLE III.1 COUNTY TO VILLAGE ZONING CONVERSION [page CD46:30]
TABLE III.1. COUNTY TO VILLAGE ZONING CONVERSION
Former Zoning District
Champaign County
New Zoning District
Village
C-R AG AG-1 AG AG-2 AG R-1 R-1 R-2 R-2 R-3 R-3 R-4 R-4 R-5 M-1 B-1 C-1 B-2 C-1 B-3 C-2 B-4 C-2 B-5 M-1 I-1 I-1 I-2 I-2 (g) Sec. 46-99. Applicability. [page CD46:45]
Except as otherwise provided, every principal building and structure in all zoning districts shall be subject to the applicable standards set forth in Table V-1.
(h) TABLE V-1 [page 46:50]
Within Table V-1, in the horizontal row listed "R-4", under the column headed "Minimum OSR", the text should provide as follows: 0.70/0.60
(i) Sec. 46-203. Parking in required yards. (4) Open lot. [page 46:61, line 5]
…within seven feet of a property line…
(j) Sec. 46-204. Design and specifications of off-street parking, subsection (a) [page 46:61, table listing requirements governing development]
Delete entire column under the heading "Figure No."
(k) Sec. 46-365. Board of zoning appeals, power and authority, subsection b. [page 46:113, lines 1 and 2]
b. Findings of fact. The board of zoning appeals and/or village board shall…
Section 7. Additions or amendments to the Code when passed in such form as to indicate the intention of the Village to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.
Section 8. Any ordinance adopted after October 13, 2009, that amends or refers to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.
Section 9. The Village Clerk is hereby authorized and directed to cause this Ordinance and the Code to be published in book or pamphlet form.
This Ordinance is hereby passed, the "ayes" and "nays" being called, by the concurrence of a majority of the members of the Corporate Authorities then holding office on the date set forth below.
PASSED this 9th day of February, 2010.
/s/
Village Clerk
APPROVED this 9th day of February, 2010.
/s/
Village President