This title as amended shall be known, referred to, and cited as the VILLAGE OF BENSENVILLE ZONING ORDINANCE, "zoning ordinance", or "title". (Ord. 67-2018, 12-18-2018)

The provisions of this title are adopted pursuant to the authority granted to the Village by the Illinois Municipal Code. The purposes of this title are many, but foremost among these purposes are to:

   A.   Protect and promote the health, safety, comfort, convenience, and general welfare of the public.

   B.   Ensure adequate light, air, open space, privacy, and access to property.

   C.   Implement the goals and objectives of the Village's Comprehensive Plan and the other land use policies of the Village.

   D.   Maintain and promote orderly land use patterns and development.

   E.   Facilitate the provision of adequate public services and infrastructure.

   F.   Protect the Village's quality of life and the character of its neighborhoods by ensuring that development is compatible and cohesive.

   G.   Protect and enhance the taxable value of land, buildings, and structures.

   H.   Promote development that sustainably manages environmentally sensitive issues.

   I.   Define the responsibilities of the Village's administrative bodies and establish procedures for the effective use of the provisions of this title. (Ord. 67-2018, 12-18-2018)

   A.   Jurisdiction: This title applies to all land, uses, and structures within the corporate limits of the Village of Bensenville. In addition, the subdivision regulations of title 11 of this Code apply to any unincorporated areas located within one and one-half (11/2) miles of Village limits.

   B.   General Applicability: The provisions of this title shall be interpreted and applied as the minimum requirements for the protection and promotion of the health, safety, comfort, convenience, and general welfare of the public to achieve the purposes for which this title was adopted.

   C.   General Prohibition: No structure, use of any structure or land, or lot of record or zoning lot shall be established, enlarged, extended, altered, moved, divided, or maintained in any manner contrary to the provisions of this title.

   D.   Private Agreements: This title is not intended to nullify any easement, covenant, or other private agreement. In cases where this title is more restrictive than a private agreement, this title shall control. The Village shall not enforce any private agreements.

   E.   Other Laws And Regulations: Unless specifically stated, this title shall control over less restrictive ordinances, regulations, and statutes, while more restrictive ordinances, regulations, and statutes shall control over the provisions of this title. The more restrictive provision is the provision that imposes more stringent controls. (Ord. 67-2018, 12-18-2018)

The following transition rules shall apply in determining the applicability of this title with respect to the previously applicable zoning regulations.

   A.   Existing Illegal Uses, Structures, And Lots: Any use, structure, or lot that was established illegally as of the effective date of this title, or its subsequent amendments, shall remain illegal if it does not conform with the requirements of this title.

   B.   Permitted Uses Rendered Special Uses: If a use was classified as a permitted use prior to the effective date of this title, and is classified as a special use as of the effective date of this title, or its subsequent amendments, that use shall be deemed a lawful special use. Any subsequent addition, enlargement, or expansion of that use shall conform to this title's requirements for special uses.

   C.   Special Uses Rendered Permitted Uses: If a use was classified as a special use prior to the effective date of this title, and is classified as a permitted use as of the effective date of this title, or its subsequent amendments, that use shall be deemed a lawful permitted use. Any subsequent addition, enlargement, or expansion of that use shall conform to this title's requirements for such permitted use and is no longer subject to the special use ordinance under which it was originally approved.

   D.   Uses Rendered Legally Nonconforming: If a use was classified as a permitted or special use prior to the effective date of this title, and this title no longer classifies that use as either a permitted or special use in the zoning district in which it is located, that use shall be deemed a legal nonconforming use and shall be controlled by the provisions of chapter 5, "Nonconformities", of this title.

   E.   Structures And Lots Rendered Legally Nonconforming: If a structure or lot existing on the effective date of this title was conforming or legally nonconforming prior to the effective date of this title, and such structure or lot does not meet all standards set forth in this title, that structure or lot shall be deemed legally nonconforming and shall be controlled by the provisions of chapter 5, "Nonconformities", of this title.

   F.   Previously Issued Building Permits: If a building permit for a building or structure was lawfully issued prior to the effective date of this title, and if construction has begun within six (6) months after the issuance of that permit and diligently pursued to completion, the structure may be completed based on the previously issued building permit, and may be occupied under an occupancy permit for the use originally intended upon completion. If the use was classified as a permitted or special use prior to the effective date of this title, and this title no longer classifies that use as either a permitted or special use in the zoning district in which it is located, that use shall be deemed a legal nonconforming use and shall be controlled by the provisions of chapter 5, "Nonconformities", of this title.

   G.   Previously Granted Special Uses And Variations: All special uses and variations granted prior to the effective date of this title shall remain in effect. The recipient of the special use or variation may proceed to develop the property in accordance with the plans and any applicable conditions approved by the Village Board. If the recipient has failed to act on the special use or variation before the approval expires, including any periods of extension granted, the provisions of this title shall govern. (Ord. 67-2018, 12-18-2018)

   A.   Graphics, Tables, And Text: The graphics, tables, and text in this title are regulatory. The graphics in this title are representations of the standards of this title and are not intended to represent every circumstance which may arise in the Village. In case of a conflict, text shall control over tables and graphics, and tables shall control over graphics.

   B.   Tense And Form: Words used in the present tense include the past and future tenses.

   C.   Number: The singular number includes the plural number, and vice versa.

   D.   Abbreviations: "n/a" is an abbreviation of "not applicable", "ft." is an abbreviation of "feet", and "sf" is an abbreviation of "square feet".

   E.   Shall And May: The word "shall" is mandatory, while the word "may" is permissive. "Shall not" and "may not" are both prohibitive.

   F.   Undefined Terms: Any words not defined in this title shall be interpreted as defined in normal dictionary usage.

   G.   Lists: Lists of examples prefaced with "including the following", "such as", or similar phrases shall not be construed to be exclusive, or preclude the Zoning Administrator from interpreting the list to include similar, unspecified examples. (Ord. 67-2018, 12-18-2018)

   A.   Enforcement: This title shall be enforced by the Zoning Administrator. The Zoning Administrator may seek the assistance of the Village Attorney to enjoin, abate, or stop any violation of this title. The Zoning Administrator may seek the assistance of the Police Department to enforce this title. The property owner charged with a violation of this title may be held responsible for any legal expenses incurred by the Village.

   B.   Penalties And Fines: Any person, firm, corporation, or organization of any kind who does not comply with any of the provisions of this title, or who resists the enforcement thereof, shall be fined at least one hundred dollars ($100.00), but not more than seven hundred fifty dollars ($750.00) for each violation. Each day that a violation exists or continues shall constitute a separate offense with a separate fee. The accumulation of penalties for violations shall cease upon correction of the violation, but the obligation to pay for violations already committed shall not. (Ord. 67-2018, 12-18-2018)

If any portion of this title is adjudged by any court of competent jurisdiction to be invalid, that judgment shall not nullify the validity of the remainder of this title. The effect of the judgment shall be confined to the portion of this title immediately involved in the judgment rendered. If any court of competent jurisdiction shall judge to be invalid the application of any provision of this title to a particular lot, structure, building, or use the effect of the judgment shall be confined to such lot, structure, building, or use. (Ord. 67-2018, 12-18-2018)

The effective date of this title is the date of its adoption, December 18, 2018. (Ord. 67-2018, 12-18-2018)