This title shall be known, cited, and referred to as the BERKELEY ZONING ORDINANCE. (2005 Zoning Code)

The provisions of this title are adopted pursuant to the village's home rule authority under section 6(a) of article VII of the constitution of the state of Illinois (1970), and the authority granted to the village by the Illinois municipal code 1 , for the following purposes:

   A.   Overall Purpose: To maintain Berkeley as a residential suburb by preserving and enhancing aesthetic values of a village comprised principally of well maintained single-family residential neighborhoods and small business areas oriented to serve the needs of local residents.

   B.   Purposes Related To Land Use Patterns: The purposes of this title related to land use patterns are:

      1.   Implement the goals and policies of the village official comprehensive plan; and

      2.   Facilitate the redevelopment of properties within the village in a manner consistent with the goals and objectives of the village comprehensive plan; and

      3.   Encourage and promote detached single-family homes as the principal land use in the village; and

      4.   Secure adequate natural light, clean air, privacy, a safe environment, and convenience of access to property; and

      5.   Promote and protect the public health, safety, morals, and the general welfare of the village; and

      6.   Encourage and enhance the preservation of natural resources, aesthetic amenities, and natural features; and

      7.   Establish a rational pattern of land uses and encourage the most appropriate use of individual parcels of land in the village; and

      8.   Encourage compatibility between different land uses; and

      9.   Protect the scale and character of the existing areas of the village from the encroachment of incompatible uses; and

      10.   Limit the bulk and density of new and existing structures to preserve the existing scale of development in the village; and

      11.   Provide for the gradual elimination of nonconforming uses that adversely affect the character and value of permitted development.

   C.   Purposes Related To Public Infrastructure: The purposes of this title related to public infrastructure are:

      1.   Facilitate the most efficient use of existing and planned public facilities and utilities; and

      2.   Protect existing public facilities and utilities from being overloaded due to excess development; and

      3.   Protect and enhance a pattern of interconnected streets and highways that is unified, integrated, safe, effective, and efficient; and

      4.   Protect residential streets from degradation by nonresidential traffic; and

      5.   Reduce congestion and promote safety on streets and highways by limiting traffic generation through the control of land use intensity; and

      6.   Avoid or lessen the hazards of flooding and stormwater accumulation and runoff; and

      7.   Establish and regulate setback lines along streets and highways, property lines, and storm floodwater runoff channels or basins.

   D.   Purposes Related To Expectations And Taxable Value: The purposes of this title related to justifiable expectations and taxable value are:

      1.   Protect and respect the justifiable reliance of existing residents, business owners, and taxpayers on the continuation of existing, established land use patterns; and

      2.   Protect and enhance the taxable value of land and buildings.

   E.   Purposes Related To Administration: The purposes of this title related to administration are:

      1.   Define the powers and duties of administrative officers and bodies necessary to administer this title; and

      2.   Establish procedures for the efficient and effective use of the provisions of this title; and

      3.   Establish standards for the review of applications filed pursuant to this title; and

      4.   Prescribe penalties for the violation of the provisions of this title. (2005 Zoning Code)

   A.   Territorial Application: This title shall apply to all land, structures, and uses within the corporate limits of the village.

   B.   General Application:

      1.   All structures erected hereafter, all uses of land or structures established hereafter, all structural alterations or relocations of existing structures occurring hereafter, and all enlargements and extensions of, additions to, changes in, and relocations of existing uses occurring hereafter shall be subject to all regulations of this title applicable to the zoning districts in which such land, structures, or uses are located.

      2.   Existing structures and uses that do not comply with regulations of this title shall be subject to the provisions of chapter 14 of this title relating to nonconformities.

   C.   General Prohibition:

      1.   No structure, no use of any structure or land, and no lot of record or zoning lot, now or hereafter existing, shall be established, enlarged, extended, altered, moved, divided, or maintained in any manner contrary to the provisions and regulations of this title.

      2.   Without limiting the foregoing, any such activity that would cause any existing structure not to comply with this title or that would create any parcel of land that could not be developed in compliance with this title shall be prohibited.

   D.   Principal Uses And Structures In Residential Districts: No zoning lot zoned in any residential district in the village shall be used for more than one principal use or one principal structure.

   E.   Exempt Uses:

      1.   Utility Lines: The following utility uses are exempt from the provisions of this title: poles, wires, cables, conduits, vaults, laterals, pipes, mains, and valves, but not including substations located on or above the surface of the ground, for the distribution to consumers of telephone, cable television or other communications, electricity, gas or water, or for the collection of sewage or surface water. All such uses shall, however, comply with the subdivision and other applicable ordinances of the village.

      2.   Railroad Uses:

         a.   All railroad rights of way used for railroad purposes, trackage, and passenger stations existing on the effective date of this title shall be exempt from its provisions.

         b.   Any other railroad facilities or uses, or any change of such existing facilities or uses, shall be subject to all of the provisions of this title.

   F.   Private Agreements: This title is not intended to abrogate, annul, or otherwise interfere with any platted building line, easement, covenant, or other private agreement or legal relations; provided, however, that where the regulations of this title are more restrictive or impose higher standards or requirements than such platted building line, easement, covenant, or other private agreement or legal relationship, the regulations of this title shall apply. (2005 Zoning Code)

   A.   Greater Restrictions Controlling: In their interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals, and general welfare. When the provisions of this title impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this title shall be controlling. When the provisions of any statute, other ordinance, or regulation impose greater restrictions than this title, the provisions of such statute, other ordinance, or regulation shall be controlling.

   B.   Provisions Cumulative: The provisions of this title shall be interpreted to be cumulative of, and to impose limitations in addition to, all other codes, laws, and ordinances in existence or which may be passed governing any subject matter of this title. The several provisions of this title shall also be interpreted to be cumulative of each other. To the greatest extent possible, the provisions of this title shall be construed to be consistent with, and not in conflict with, the provisions of such other codes, laws, and ordinances, and with each other, to the end that all such provisions may be given their fullest application.

   C.   Consent, License Or Permit Limitations: The provisions of this title shall not be interpreted to be, or to grant, a consent, license, or permit to use any property or to establish, locate, construct, or maintain any structure or use, or to carry on any trade, industry, occupation, or activity.

   D.   Unlawful Use Or Structure: This title shall not be interpreted to validate or make lawful any unlawful use or structure existing upon the effective date of this title. Any such unlawful use or structure shall remain unlawful to the extent that said use or structure is in conflict with the provisions of this title. (2005 Zoning Code)

   A.   Existing Variations And Special Uses: Any variation or special use permit lawfully issued prior to the effective date of this title, or any amendment hereto, that could be lawfully issued pursuant to the provisions in effect after such effective date shall continue to be valid after such effective date, subject to any conditions placed thereon at the time of issuance. Any structure or use lawfully authorized by any such variation or special use permit that could not be so issued after such effective date shall be subject to the provisions of chapter 14 of this title dealing with nonconformities.

   B.   Existing Uses And Structures Newly Requiring Special Use Permits: The owner of any use or structure lawfully existing on the effective date of this title, or any amendment hereto, that did not, prior to such effective date, require a special use permit but which, after such effective date, does require a special use permit, may secure a special use permit pursuant to the standards and procedures of chapter 17, article A of this title. Unless and until such a special use permit is so secured, such use shall be subject to the provisions of chapter 14 of this title dealing with nonconformities. (2005 Zoning Code)

   A.   Building Permits Not Affected: All work, structures, and uses authorized by building permits issued prior to the effective date of this title, or any amendment hereto, and for which a certificate of occupancy had been issued prior to such effective date, shall not be affected by this title. Except as provided in subsections B and C of this section, no certificate of occupancy shall be issued following the effective date of this title, or any amendment hereto, unless the work, structure, or use for which the certificate of occupancy is sought is made to fully comply with the applicable provisions of this title, or any such amendment.

   B.   Change Not Required, Conditions: Nothing in this title, or any amendment hereto, shall be deemed to require any change in the plans, construction, or designated use of any structure, if:

      1.   A building permit for such structure was lawfully and properly issued prior to the effective date of this title, or any such amendment hereto; such permit had not by its own terms expired prior to such effective date, and construction pursuant to such permit is started prior to the expiration of such permit; or

      2.   A building permit application was on file with the village building department and complete in all material respects prior to the effective date of this title.

   C.   Issuance Of Certificate Of Occupancy: Upon completion pursuant to subsection B of this section, such structure may be occupied by, and a certificate of occupancy shall be issued for, the use designated on such permit, subject thereafter to the provisions of chapter 14 of this title dealing with nonconformities. (2005 Zoning Code)

The several provisions of this title shall be severable in accordance with the following rules:

   A.   If any court of competent jurisdiction shall determine any provision of this title to be invalid, such determination shall not affect any other provisions of this title.

   B.   If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular parcel of land, a particular structure or a particular use, such judgment shall not affect the application of said provisions of any other land, structure or use. (2005 Zoning Code)