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Alton City Zoning Code

CHAPTER 1

AUTHORITY, PURPOSE AND GENERAL DESIGN

11-1-1: SHORT TITLE:

This title shall be known as the ZONING ORDINANCE OF THE CITY OF ALTON, ILLINOIS. (Ord. 6734, 6-11-2003)

11-1-2: AUTHORITY AND PURPOSE:

Pursuant to the home rule authority granted through article VII, section 6 of the Illinois constitution and in accordance with state law 1 this zoning ordinance regulates lots, structures and uses in order to preserve, protect and promote the public health, safety and welfare; and to implement the city's comprehensive plan adopted in 2003, as amended. More specifically, this zoning ordinance is intended to assist in achieving the following objectives:
   A.   To ensure the provision of adequate light, pure air, and safety from fire and other dangers;
   B.   To conserve the taxable value of land and buildings throughout the city;
   C.   To encourage the development of buildings and uses on appropriate sites in order to maximize community wide social and economic benefits while accommodating the particular needs of all residents, and to discourage development on inappropriate sites;
   D.   To protect and enhance the character and stability of sound existing residential, commercial, and industrial areas, and to gradually eliminate nonconforming uses and structures;
   E.   To provide adequate and well designed parking and loading space for all buildings and uses, and to reduce vehicular congestion on the public streets and highways;
   F.   To promote the health, safety, comfort, morals and general welfare of the public;
   G.   To ensure and facilitate the preservation of sites, areas, and structures of historical, architectural and aesthetic importance;
   H.   To ensure the proper regulation of manufactured home parks to protect the health and safety of residents;
   I.   To authorize and regulate the design of planned developments; and
   J.   To provide for the efficient administration and fair enforcement of all the regulations in this zoning ordinance. (Ord. 6734, 6-11-2003)

11-1-3: INTERPRETATION, CONFLICT WITH OTHER ORDINANCES:

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience and general welfare. It is not intended by this title to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this title imposes a greater restriction, this title shall control. In addition, it is not intended by this title to interfere with or abrogate or annul any permits previously issued that were in compliance with the zoning regulations in effect when the permits were issued. Any legal nonconforming use of buildings or premises, any legal nonconforming building, structure or lot, and any other legal site related nonconformity may continue to exist except as specifically required to be brought into conformance with this title. (Ord. 6734, 6-11-2003)

11-1-4: PERMISSIVE TITLE DESIGN:

This title is designed as a permissive title. Uses that are allowed by right are listed as permitted uses. As a permissive title, the regulations contained herein provide what is allowed and this title is not intended to provide lists of every use, structure or activity that is prohibited. Uses, structures and activities that are not listed as permitted, allowed by special use permit, or that are a customary accessory use, are prohibited. (Ord. 6734, 6-11-2003)

11-1-5: APPLICABILITY:

This zoning ordinance shall be applicable to all lands within the corporate limits of the city of Alton. Outside of the corporate limits, the unincorporated territory within one and one-half (11/2) miles of the city and in Madison County, Illinois, is subject to the Madison County zoning ordinance (enacted pursuant to Illinois statutes). (Ord. 6734, 6-11-2003)

11-1-6: REPEAL OF CONFLICTING PROVISIONS:

Any regulations previously adopted are hereby repealed if in conflict with this zoning ordinance or any amendment thereto. (Ord. 6734, 6-11-2003)

11-1-7: SEVERABILITY:

The phrases, clauses, sentences, paragraphs and sections of this zoning ordinance are severable and if any phrase, clause, sentence, paragraph or section of this zoning ordinance shall be declared unconstitutional or otherwise unlawful by the valid judgment, decree, or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this zoning ordinance. In the event that, contrary to the policies, interests, and values of the city of Alton, a court of competent jurisdiction issues a judgment, decree, or injunction order that this zoning ordinance, or any part thereof, is unconstitutional or otherwise unlawful because of any omission or prohibition in this zoning ordinance, then all provisions of this zoning ordinance not specifically declared to be unconstitutional or otherwise unlawful shall remain in full force and effect. In the event that a judgment, decree, or injunction order declaring all or a portion of this zoning ordinance to be unconstitutional or otherwise unlawful is reversed or vacated by a court of competent jurisdiction, the provisions contained in this zoning ordinance shall remain in full force and effect. (Ord. 6734, 6-11-2003)

11-1-8: EFFECTIVE DATE:

These regulations shall take effect ten (10) days after their final passage, approval, and publication in pamphlet form as provided by law, except that subsection 11-7-1G of this title shall not be effective until and after January 1, 2004. (Ord. 6734, 6-11-2003)