This title shall be known as and may be cited as the ZONING AND LAND USE ORDINANCE, ORDINANCE 2002-02, THE ZONING ORDINANCE, OR THIS ZONING CODE. (Ord. 2002-02, 1-17-2002; amd. 2003 Code)

   A.   Purpose: The purpose of this title is to safeguard the health, safety, morals, and general welfare of the Village and its residents by regulating the design, location, use and occupancy of all buildings and/or structures, resulting in the orderly development of land and land uses within the Village.

   B.   Intent: The intent of this title is to ensure a fair and reasonable process for development in the Village with known and reasonably applied standards to achieve its purpose. (Ord. 2002-02, 1-17-2002)

   A.   The provisions of this title shall apply to the construction, alteration, moving, repair and use of any building, parcel of land or sign within the Village unless specifically excluded in this title.

   B.   Where, in any specific case, different applicable sections of this title specify different requirements, the more restrictive shall apply. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall apply.

   C.   In fulfilling its purpose, this title is intended to benefit the public generally and not any specific person or class of persons. Although through the implementation, administration and enforcement of this title, benefits and detriments may be enjoyed or suffered by specific individuals, such is merely an unintended consequence of the benefits to the Village as a whole. Therefore, unintentional breaches in the administration and enforcement of this title hereby shall not be nor form a basis for any action or claim against the Village. (Ord. 2002-02, 1-17-2002)

   D.   No use, building or structure shall be constructed or authorized unless and until the location and extent of the use, building or structure are in conformance with this title. (Ord. 2002-02, 1-17-2002; amd. 2003 Code)

   A.   This title states the requirements adopted for the promotion and protection of the public health, safety, and welfare. Whenever the requirements of this title are in conflict with the requirements of any other code, rule, regulation or ordinance adopted by the Village, the more restrictive or one imposing the higher standard shall govern.

   B.   The interpretation and application of this title shall be made by the zoning official and the Coordinator. An appeal by any party of any interpretation and/or application by the zoning official and the Coordinator shall be heard by the commission. Unless otherwise provided, the commission's interpretation and application of this title are final. The party making the interpretation appeal may appeal the commission's interpretation to Council in accordance with subsections 9-3-8B2, B3, and B4 of this title as a formal appeal.

   C.   This title shall not be construed to provide relief from or lessen the responsibility of any person owning, operating, leasing or controlling any building or parcel of land for any damages to persons or property caused by defects, nor shall the Village be held as assuming or having any liability by reason of any action taken pursuant to this title. (Ord. 2018-03, 9-11-2018)

If any section, sentence, clause or provision of this zoning code is for any reason held to be unconstitutional or otherwise invalid by a court having jurisdiction over such matters, such decision of that court shall not affect the validity of the remaining sections, sentences, clauses or provisions of this zoning code, it being the intent of the council that this zoning code shall remain effective and enforceable notwithstanding the invalidity or unconstitutionality otherwise determined of any section, sentence, clause, or provision. (Ord. 2002-02, 1-17-2002)