This title may be referred to as the CARBONDALE ZONING ORDINANCE, or, in appropriate context, as "this title". (Ord. 2013-20)

This title is adopted under the authority of the home rule provisions of the Illinois constitution (Ill. const. art. VII, sect. 6) and 65 Illinois Compiled Statutes 5/11-11-1 through 5/11-15.3. (Ord. 2013-20)

The provisions and requirements of this title are adopted to the end that adequate light, pure air, and safety from fire and other dangers may be secured, that the taxable value of land and buildings throughout the jurisdiction of this title may be conserved, that congestion in the public streets may be lessened or avoided, that the hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters may be lessened or avoided, and that the public health, safety, comfort, morals, and welfare may otherwise be promoted. The provisions and requirements of this title shall be considered to be minimum requirements. (Ord. 2013-20)

It is not the intent of this title to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, where this title imposes greater restrictions, the provisions of this title shall govern. (Ord. 2013-20)

In the interpretation and application, the provisions of this title shall be held to the minimum requirements, shall be liberally constructed in favor of the city and shall not be deemed to be a limitation or repeal of any other power granted by the Illinois Compiled Statutes or article VII, section 6(a) of the constitution. (Ord. 2013-20)

The provisions of this title shall apply to all real property located within the corporate limits of Carbondale, Illinois, and within one and one-half (11/2) miles thereof as shown on the official zoning map. (Ord. 2013-20)

The regulations set forth in this title shall affect all land, every structure, and every use of land or structure within the jurisdiction, and shall apply as follows. (Ord. 2013-20)

No land shall be altered, cleared, graded, or otherwise improved and no structure or part thereof shall be erected, moved onto, structurally altered, or used or occupied except in compliance with the regulations of this title for the district in which it is located unless a development permit has been issued. (Ord. 2013-20)

The regulations in this title shall be enforced and interpreted according to the following rules:

   A.   Minimum Requirements: Regulations set forth by this title shall be minimum regulations. If the requirements set forth in this title are at variance with the requirements of any other lawfully adopted uses, regulations, or ordinances, the more restrictive or higher standard shall govern.

   B.   Liberally Construed: This title shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience.

   C.   Restrictive Covenants: Unless restrictions established by covenants with the land are prohibited by or contrary to the provisions of this title, nothing contained within this title shall be construed to render such covenants inoperative. The city and its officials do not have the right or responsibility for administering or enforcing covenants. (Ord. 2013-20)

   A.   Whenever the requirements of these zoning regulations are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the requirement that is most restrictive or that imposes higher standards as determined by the director shall govern.

   B.   Whenever the requirements of these zoning regulations are preempted by federal or state mandate, the federal or state rule will control.

   C.   These regulations are independent of private deed restrictions and other covenants and shall apply whether or not they are more restrictive than such restrictions.

   D.   The issuance of any permit, certificate or approval in accordance with the standards and requirements of these zoning regulations shall not relieve the recipient of such permit, certificate or approval from the responsibility of complying with all other applicable requirements of any other city, county, state or federal agency having jurisdiction over the structures or land uses for which the permit, certificate or approval was issued. (Ord. 2013-20)

See section 15.6.12 of this title for rules of construction and interpretation. (Ord. 2013-20)