§ 159.004 INTERPRETATION.

   (A)   Minimum requirements. The provisions of this Chapter shall be held to the minimum requirements for the promotion of “general public health, safety, morals, and welfare”.

   (B)   Relationship with other laws. Where the conditions imposed by any provisions of this chapter on the use of land or buildings or on the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or other law, ordinance, resolution, rule, or regulations of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

   (C)   Effect on existing agreements. This Chapter is not intended to invalidate any easement, covenant, or any other private agreement provided that where the regulations of this chapter are more restrictive, or impose higher standards or requirements, than such easements, covenants or other private agreements, then the requirements of this chapter shall govern.

   (D)   Interpretation. Any interpretation of this code shall be the responsibility of the Zoning Administrator.

§ 159.005 SCOPE.

   (A)   Changes in structures or uses: Except as otherwise provided in §§ 159.140 through 159.147, non-conforming buildings, structures and uses, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which the buildings, uses, or land shall be located.

   (B)   Non-conforming buildings, structures and uses. Any lawful building, structure, or use existing at the time of the enactment of this chapter may be continued, even though the buildings, structure, or use does not conform to the provisions of this chapter for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions of §§ 159.140 through 159.147.

   (C)   Building permits. When a building permit for a building or structure has been issued in accordance with the law prior to the effective date of this chapter, and provided that construction is begun within six months of the effective date and diligently pursued to completion, the building and structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further may upon completion be occupied under a “certificate of occupancy” by the use for which originally designated subject thereafter to the provisions of § 159.170 of this chapter.

   (D)   Territorial application of regulations: The provision of this chapter shall apply to structures and land with the village.

   (E)   New structures. All structures built hereafter shall comply with all of the regulations of this Zoning Code. Any structure hereafter moved from one site to another site shall be considered to be a structure built hereafter. Any structure rebuilt or restored after damage or destruction by fire or other casualty shall be considered to be a structure built hereafter, unless this code permits such structure to be rebuilt or restored.

   (F)   New uses of old structures. If the use of any existing structure is hereafter changed to another use, then the new use shall comply with the use regulations of this code; provided, however, the mere establishment of a new use does not by itself require the existing structure to conform to the lot size or other building regulations of this code.

   (G)   Remodeling. If any structure is hereafter remodeled.

      (1)   The entire structure as remodeled shall comply with the use regulations of this code;

      (2)   Any alterations or enlargements of, or additions to the structure shall comply with the building regulations of this code; and,

      (3)   The off-street parking facilities provided for the structure shall not be reduced below (or if already less than, shall not be further reduced below) the requirements that would be applicable to a similar new structure or use.

   (H)   Use of open land: If any use of open land is hereafter established, or if any use of open land is hereafter changed to another use, such use shall comply with all the regulations of this code.

§ 159.006 SEPARABILITY.

   If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid, by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

§ 159.007 ZONING DISTRICTS.

   For the purpose and provisions herein, the village is hereby organized into 24 districts. The minimum area that may constitute a separate or detached part of any "zoning district" shall be as follows:

DISTRICT	LAND USE CHARACTERISTICS	MIN. SIZE (acres)
A-1	AGRICULTURAL DISTRICT	10
E-R	SINGLE FAMILY ESTATE RESIDENTIAL DISTRICT (43,560 sq.ft)	5
R-1	SINGLE FAMILY RESIDENTIAL DISTRICT (20,000 sq.ft.)	10
R-2	SINGLE FAMILY RESIDENTIAL DISTRICT (15,000 sq.ft.)	10
R-3	SINGLE FAMILY RESIDENTIAL DISTRICT (10,000 sq.ft.)	10
R-4	SINGLE FAMILY RESIDENTIAL DISTRICT (8,000 sq.ft.)	10
R-5	SINGLE FAMILY RESIDENTIAL DISTRICT (6,500 sq.ft.)	10
R-5A	SINGLE FAMILY RESIDENTIAL DISTRICT (6,000 sq. ft.)	N/A
R-6	ATTACHED RESIDENTIAL DISTRICT (5,500 sq.ft.)	10
R-7	GENERAL RESIDENTIAL DISTRICT (4,500 sq.ft.)	10
B-1	LOCAL SHOPPING DISTRICT	1
B-2	COMMUNITY SHOPPING DISTRICT	1
B-3	HIGHWAY/REGIONAL SHOPPING DISTRICT	1
B-4	AUTOMOTIVE SERVICE DISTRICT	1
P-1	PUBLIC/PRIVATE LAND CONSERVATION DISTRICT	1
P-B	PLANNED BUSINESS DISTRICT	10

 

DISTRICT	LAND USE CHARACTERISTICS	MIN. SIZE (acres)
DD	DOWNTOWN DISTRICT	N/A
M-R	MANUFACTURING-RESEARCH DISTRICT	10
M-1	LIGHT/MEDIUM MANUFACTURING DISTRICT	10
M-2	MEDIUM/HEAVY MANUFACTURING DISTRICT	10
AD-1	AIRPORT DISTRICT I	162
AD-2	AIRPORT DISTRICT II	20
U-D	UNIVERSITY DISTRICT	30
FP-1	FLOOD PLAIN OVERLAY DISTRICT	N/A

 

(Am. Ord. 06-0369, passed 2-1-06)

§ 159.008 ZONING MAPS.

   (A)   The boundaries of the zoning districts designated in § 159.007 are hereby established as shown on the maps entitled "Official Zoning Map" of village, which map accompanies and is made a part of this chapter and shall have the same force and effect as if the zoning map, together with all notations, reference, and other information shown thereon were fully set forth and described in this chapter.

   (B)   When uncertainty exists with respect to the boundaries of the various districts shown on the zoning map the following rules shall apply:

      (1)   District boundary lines are either the centerline of railroads, highways, streets, alleys, or easements or the boundary lines of sections, quarter sections, divisions of sections, tracts, or lots, or such lines extended or otherwise indicated;

      (2)   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 the strips shall be in accordance with the dimensions shown on the maps measured at right angles from the centerline of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the maps from section, quarter sections, or division lines, or centerline of streets, highways, or railroad rights-of-way unless otherwise indicated; and

      (3)   Where a lot held in one ownership and of record on the effective date of this chapter is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district, provided that this construction shall not apply if it increases the less restricted frontage of the lot by more than 25 feet.

   (C)   All streets, alleys, public-ways, waterways, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting on the alleys, streets, public-ways, waterways, and railroad rights-of- way serves as a district boundary, the zoning of the areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to the centerline.

§ 159.009 ANNEXATION.

   All land which may hereafter be annexed to the village shall automatically be classified in the E-R, Estate Residential District (ILCS Ch. 65, Act 5, § 7-1-47). If land is to be classified other than the E-R District the Village President and Board of Trustees shall refer the zoning request to the Village Planning and Zoning Commission (the “Commission”), where the Commission shall within 60 days after the referral, schedule and hold a public hearing with respect to the zoning classification, pursuant to the provisions of §§ 159.177, Annexation Procedures; 159.178, Fee Schedule; and, 159.060, Summary Tables of this chapter.

   The Commission shall make findings and recommendations with respect to the appropriate zoning classification or classifications being requested for the land and transmit them in writing to the Village President and Board of Trustees.