Berwyn City Zoning Code

CHAPTER 1240

TITLE AND APPLICABILITY

§ 1240.01 TITLE.

This Title Four of Part Twelve of the Codified Ordinances of the City of Berwyn as amended shall be known, referred to, and cited as the "Zoning Code of the City of Berwyn," "Zoning Code," or "Code."

(Ord. 17-31, passed 9-12-2017)

§ 1240.02 AUTHORITY AND PURPOSE.

The provisions of this Zoning Code are adopted pursuant to the city's home rule authority under Article VII of the Constitution of the State of Illinois (1970), and the authority granted to the city by the Illinois Municipal Code, for the following purposes:

(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.

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

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

(F) Protect the city'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 city's administrative bodies and establish procedures for the effective use of the provisions of this Code.

(Ord. 17-31, passed 9-12-2017)

§ 1240.03 APPLICABILITY.

(A) Jurisdiction. This Code shall apply to all land, uses, and structures within the corporate boundaries of the city, including those owned by other municipal corporations and governmental bodies.

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

(C) General prohibition. No structure, use of any structure or land, 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 Code.

(D) Private agreements. This Code is not intended to nullify any easement, covenant, or other private agreement. In cases where this Code is more restrictive than a private agreement, this Code shall control. The city shall not enforce any private agreements.

(E) Other laws and regulations. Unless specifically stated, this Code shall control over less restrictive ordinances, regulations, and statutes, while more restrictive ordinances, regulations, and statutes shall control over the provisions of this Code. The more restrictive provision is the provision that imposes more stringent controls.

(Ord. 17-31, passed 9-12-2017)

§ 1240.04 TRANSITION RULES.

The following transition rules shall apply in determining the applicability of this Code 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 Zoning Code, or its subsequent amendments, shall remain illegal if it does not conform with the requirements of this Zoning Code.

(B) Permitted uses rendered special uses. If a use was classified as a permitted use prior to the effective date of this Code, and is classified as a special use as of the effective date of this Code, 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 Code'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 Code, and is classified as a permitted use as of the effective date of this Code, 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 Code'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 nonconforming. If a use was classified as a permitted or special use prior to the effective date of this Code, and this Code 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 § 1252.05 (Nonconformities).

(E) Structures and lots rendered nonconforming. If a structure or lot existing on the effective date of this Code was conforming prior to the effective date of this Code, and such structure or lot does not meet all standards set forth in this Code, that structure or lot shall be deemed legally nonconforming and shall be controlled by the provisions of § 1252.05 (Nonconformities).

(F) Previously issued building permits. If a building permit for a building or structure was lawfully issued prior to the effective date of this Code, and if construction has begun within three months of 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.

(G) Previously granted special uses and variations. All special uses and variations granted prior to the effective date of this Code 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 City Council (refer to § 1252.01(B) (City Council) or Zoning, Planning, and Development Commission (refer to § 1252.01(C) (Zoning, Planning, and Development Commission)). 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 Code shall govern.

(H) Pending applications. If an application has been submitted to the city, but has not been scheduled for a public hearing or other required review prior to the effective date of this Code, then the provisions of this Code shall govern the application.

(Ord. 17-31, passed 9-12-2017)

§ 1240.05 INTERPRETATION.

(A) Graphics, tables, and text. The graphics, tables, and text in this Code are regulatory. 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.

(D) Lists. Lists of examples prefaced with "including the following," "such as," or other similar phrases shall not be construed to be exclusive or preclude the Zoning Administrator from interpreting the list to include similar, unspecified examples.

(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 chapter shall be interpreted as defined in normal dictionary usage.

(Ord. 17-31, passed 9-12-2017)

§ 1240.06 ENFORCEMENT.

(A) Enforcement. This Code shall be enforced by the Zoning Administrator (refer to § 1252.01(D) (Zoning Administrator). The Zoning Administrator may seek the assistance of the City Attorney to enjoin, abate, or stop any violation of this Zoning Code. The Zoning Administrator may seek the assistance of the Police Department to enforce this Zoning Code. The property owner charged with a violation of this Zoning Code may be held responsible for any legal expenses incurred by the city as may be permitted by law.

(B) Penalties and fines. Any person, firm, or corporation who does not comply with any of the provisions of this Zoning Code, or who resists the enforcement thereof, shall be fined for each offense in accordance with the Municipal Code. Each day that a violation continues shall constitute a separate offense. 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. 17-31, passed 9-12-2017)

§ 1240.07 SEVERABILITY.

If any chapter, section, provision, clause, or portion of this Zoning Code is adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair, invalidate, or nullify the validity of the remainder of this Code. The effect of the judgment shall be confined to the chapter, section, provision, clause, or portion of the Code immediately involved in the judgment rendered.

(Ord. 17-31, passed 9-12-2017)

§ 1240.08 EFFECTIVE DATE.

The effective date of this Code is September 22, 2017.