TITLE 10
ZONING REGULATIONS
CHAPTER 1
GENERAL ZONING PROVISIONS
SECTION:
10-1-1: Compliance Requirements
10-1-2: Pending Actions
10-1-3: Interpretation
10-1-4: General Regulations
10-1-1: COMPLIANCE REQUIREMENTS:
It shall be unlawful to occupy or use any premises, building or structure in the village excepting in full compliance with the provisions of this title, or for any purpose other than those purposes or uses described in this title as permitted uses in the district within which such buildings, premises or structures may be located. And it shall be unlawful to occupy or use any premises, building or structure in the village without compliance with all provisions of this title relative to setbacks, parking lots or any other restrictions or requirements applicable to the district in which such building or premises or structure are located. (Ord. 89-04, 4-3-1989)
10-1-2: PENDING ACTIONS:
The enactment of this title shall not in any way affect the liability of any person for a violation of the zoning regulations enforced in the village prior to the enactment of these provisions, and no use shall be considered as a lawful nonconforming use under the provisions of this title unless such use was a lawful use at the time it was commenced under the provisions of whatever zoning provisions may have been in force at such time. The adoption of these provisions shall not be construed as abating any action now pending under or by virtue of the prior zoning provisions of the village, or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or any liability, for a violation of such prior zoning provisions. (Ord. 89-04, 4-3-1989)
10-1-3: INTERPRETATION:
   A.   In their interpretation and application, the provisions of this title shall be held to the minimum requirements for the promotion and protection of the public health, safety, morals, welfare and convenience.
   B.   Where the conditions imposed by any provision of this title upon the use of land or buildings, bulk of buildings, floor area requirements, lot area requirements and yard requirements are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
   C.   This title is not intended to abrogate any easement, covenant or other private agreement; provided, that where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this title shall govern.
   D.   No building, structure or use not lawfully existing at the time of the addition of this title shall become or be made lawful solely by the reason of the adoption of these provisions; to the extent that said unlawful building, structure or use is in conflict with the requirements of this title, said building, structure or use remains unlawful hereunder. (Ord. 89-04, 4-3-1989)
10-1-4: GENERAL REGULATIONS:
   A.   All roadways, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such street. Where the centerline of a roadway serves as a district boundary the zoning of such roadway unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.
   B.   The living area of a residence excludes garages, breezeways, porches and basements or cellars.
   C.   Any area annexed to the village shall, upon such annexation, be automatically zoned RE-1 single-family detached dwelling district unless otherwise designated at the time of annexation.
   D.   Unless otherwise prohibited or restricted, uses and buildings incidental to a permitted use are also permitted with or after but not before the establishment of the permitted use, and only on the site or building plot thereof. Such incidental uses or buildings shall be compatible with the character of the district in which they are located. (Ord. 89-04, 4-3-1989)