This chapter is adopted for the purpose of improving and protecting the public health, safety, comfort, convenience, and general welfare of the people. The fulfillment of this purpose is to be accomplished by pursuing the following objectives:

(1)

To lessen congestion on the public streets.

(2)

To avoid undue concentration of population.

(3)

To prevent the overcrowding of land, thereby insuring proper living and working conditions and preventing the development of blight and slums.

(4)

To establish adequate standards for the provision of light, air, and open spaces.

(5)

To facilitate the provision of adequate public services such as transportation, water, sewerage, open space, and parks.

(6)

To zone all properties with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the village.

(7)

To protect all areas alike from harmful encroachment by incompatible uses and to insure that land allocated to a class of uses shall not be usurped by inappropriate uses within the parameters of the standards and requirements of this chapter.

(8)

To avoid the inappropriate development of lands and provide for adequate drainage, curbing or erosion, and reduction of flood damage.

(9)

To fix reasonable standards to which buildings, structures, and land shall conform.

(10)

To prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed herein.

(11)

To foster a more rational pattern of relationship between residential, business, and manufacturing uses for the mutual benefit of all.

(12)

To isolate or control the location of unavoidable nuisance-producing uses.

(13)

To define the powers and duties of the administrative and enforcement officers and bodies.

(14)

To prescribe penalties for any violation of the provisions of this Code, or of any subsequent amendments hereto.

The standards and requirements contained in this chapter and the district mapping reflected on the Village of Bourbonnais Zoning Map are intended to implement all elements of the Village of Bourbonnais Comprehensive Land Use Plan, including the land use component, and the planning policies of the village.

(Ord. No. 19-2142, § 2, 4-15-19)

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare. Where the conditions imposed by any provision of this chapter, upon the use of buildings, structures, or land, or upon the bulk of buildings or structures, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

(Ord. No. 19-2142, § 2, 4-15-19)

This chapter is not intended to abrogate any easement, covenant, or any other private agreement; provided, that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this chapter shall govern.

(Ord. No. 19-2142, § 2, 4-15-19)

The provisions of this chapter are separable as follows:

(1)

If any court of competent jurisdiction shall adjudge any provision of this chapter, or any amendment hereto, to be invalid, such judgment shall not affect any other provisions of this chapter not specifically included in said judgment.

(2)

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter, or any amendments hereto, to a particular building, structure, use, or parcel of land, such judgment shall not affect the application of said provision to any other building, structure, or parcel of land not specifically included in said judgment.

(Ord. No. 19-2142, § 2, 4-15-19)

All buildings or structures erected hereafter, all uses of buildings, structures, or land established hereafter, and all structural alteration or relocation of existing buildings or structures occurring hereafter shall be subject to all regulations of this chapter, or any amendment hereto, which are applicable to the zoning districts in which such buildings, structures, or parcels of land shall be located.

(Ord. No. 19-2142, § 2, 4-15-19)

Where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, or any amendment hereto, and provided that construction was begun before the effective date hereof, or any amendment hereto, and completion is accomplished within 18 months of the adoption of these regulations, or any amendment hereto, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may, upon completion, be occupied for the use for which originally designated, subject thereafter to the provisions of article IV, nonconforming uses and structures, of this chapter.

(Ord. No. 19-2142, § 2, 4-15-19)

It shall be unlawful for any person to violate, disobey, neglect, omit, refuse to comply with, or resist the enforcement of any of the provisions of this chapter.

(Ord. No. 19-2142, § 2, 4-15-19)

Any person who violates, disobeys, neglects, omits, refuses to comply with, or resists the enforcement of any of the provisions of this chapter shall, upon conviction, be fined not less than $100.00 nor more than $750.00 for each offense, and each day that a violation continues to exist shall constitute a separate offense. Nothing in this chapter shall limit, reduce, or otherwise influence the village's rights or remedies available at law or in equity.

(Ord. No. 19-2142, § 2, 4-15-19)

For the purpose of this chapter, the village is hereby divided and classified into the following zoning districts:

(Ord. No. 19-2142, § 2, 4-15-19)

(a)

Such land and the zoning district classification thereof shall be as shown on the map designated as the "Village of Bourbonnais Zoning Map," dated and signed by the village clerk upon adoption. This zoning map and all notations, dimensions, references and symbols shown thereon pertaining to such districts shall be a part of this chapter as if fully described herein and shall be filed as part of this chapter by the village clerk. Said zoning map shall be available for public inspection in the office of the village clerk and any later alterations of this map adopted by amendment as provided in article XIV of this chapter shall be similarly dated, filed and made available for public reference.

(b)

The following rules apply with respect to the boundaries of the various zoning districts as shown on the Village of Bourbonnais Zoning Map:

(1)

District boundary lines are the centerlines of highways, streets, alleys, easements, railroad rights-of-way, toll roads, expressways, rivers and other bodies of water, or section, division of section, tract and lot lines; or such lines extended, unless otherwise indicated.

(2)

Boundaries indicated as approximately following the centerlines of highways, streets, alleys, easements, toll roads or expressways shall be construed to follow such centerlines.

(3)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(4)

Boundaries indicated as approximately following village limits shall be construed as following village limits.

(5)

Boundaries indicated as following railroad lines shall be construed to be the established centerline of the right-of-way or if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.

(6)

Boundaries indicated as approximately following the centerlines of rivers or other bodies of water shall be construed to follow such centerlines, and in the event of change in the centerline, shall be construed as moving with the centerline; the centerline shall be interpreted as being midway between the shorelines.

(7)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (6) of this section shall be so construed.

(8)

Whenever any street, alley or other public right-of-way is vacated by official action of the village board or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley or other public right-of-way shall be automatically extended to the centerline of such vacated street, alley or public right-of-way and all area so involved shall then and henceforth be subject to all regulations of the extended districts.

(9)

Boundaries indicated as dividing a lot or tract shall be construed as being located as shown on the Village of Bourbonnais Zoning Map.

(10)

Distances not specifically indicated on the Village of Bourbonnais Zoning Map shall be determined by the scale of the map.

(Ord. No. 19-2142, § 2, 4-15-19)

A party seeking to annex property into the village shall request a zoning classification for the property upon filing an application to annex into the village's municipal boundaries. Said requested zoning classification shall be reviewed by the village for consistency with the Village of Bourbonnais Comprehensive Land Use Plan, as well as the character of zoning in the area surrounding and abutting the subject property. The requested zoning classification shall be reviewed by the planning and zoning commission and the village board in accordance with the provisions of article XIV of this chapter. A property that is annexed without requesting a zoning classification shall be zoned R-1, single-family residence district.

(Ord. No. 19-2142, § 2, 4-15-19)

This chapter becomes effective on April 22, 2019, except as otherwise expressly stated.

(Ord. No. 19-2142, § 2, 4-15-19)