This title shall be known, referred to, and cited as the "Zoning Ordinance of The Town of Cortland" and shall apply to all structures and uses of land and water within the corporate limits of the town. (Ord. 1997-17, 10-27-1997, eff. 10-27-1997)

This title is adopted for the following purposes:

A.

To promote the public health, safety, morals, comfort and general welfare of the people.

B.

To divide the town into zones or districts regulating and restricting therein the location and use of buildings, structures and land for residence, business, manufacturing and other specified purposes;

C.

To protect the character and stability of the agricultural, residential, business, and manufacturing areas within the town and to promote the orderly and beneficial development of such areas;

D.

To provide adequate light, air, privacy and convenience of access to property;

E.

To regulate the intensity of use of lot areas, and determine the area of open spaces surrounding buildings, necessary to provide adequate light and air and to protect the public health;

F.

To establish building lines and the location of buildings designed for residential, business, and manufacturing or other uses within such areas;

G.

To fix reasonable standards to which buildings or structures shall conform therein;

H.

To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts;

I.

To limit congestion in the public streets and protect the public health, safety, convenience and general welfare by providing for the off-street parking of motor vehicles and the loading of commercial vehicles;

J.

To protect against fire, explosion, noxious fumes, and other hazards in the interest of the public health, safety, comfort and general welfare;

K.

To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them;

L.

To conserve and enhance the taxable value of land and buildings throughout the town;

M.

To provide for the gradual elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district;

N.

To prevent additions or alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed herein;

O.

To facilitate and ensure the preservation of sites, areas and structures of historical, architectural and aesthetic importance;

P.

To define and limit the powers and duties of the administrative officers and bodies provided herein;

Q.

To regulate or forbid any structure or activity which may hinder solar access to solar energy necessary for the proper functioning of a solar energy system;

R.

To enhance aesthetic values within the town;

S.

To encourage the use of alternative and renewable energy sources;

T.

To advance the goals and objectives of the Cortland comprehensive plan; and

U.

To prescribe penalties for the violation of, and methods for the enforcement of, the provisions of this title or any amendment thereto. (Ord. 1997-17, 10-27-1997, eff. 10-27-1997)

In accordance with the following, it is hereby declared that the several provisions of this title are separate:

A.

If any court of competent jurisdiction determines any provision of this title to be invalid, such determination shall not affect any other provision of this title, not specifically included in the court's judgment order.

B.

If any court of competent jurisdiction determines any provision of this title to be invalid as applied to a particular lot, parcel, building, structure or use, such determination shall not affect the application of such provision to any other lot, parcel, building, structure or use not specifically included in the court's judgment order. (Ord. 1997-17, 10-27-1997, eff. 10-27-1997)

A.

Interpretation:

1.

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, morals and welfare.

2.

Where the conditions imposed by any provision of this title upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this code 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.

3.

Nothing in this title shall be deemed to be a consent, license or permit to use any property, to locate, construct, or maintain any building, structure or facility, or to carry on any business, industry, occupation or trade.

B.

Successor to Rule or Standard Making Agencies: Whenever in this title a governmental or private agency is referred to as the promulgator of a rule or standard the rule or standard shall continue to be incorporated by reference within this title in the event that the same rule or standard is adopted by a successor agency in name or substance.

C.

Private Agreements: This title is not intended to abrogate any easement, covenant, or other private agreement; provided, that where the regulations of this title are more restrictive or impose higher standards or requirements than easements, covenants, or other private agreements, the requirements of this title shall be controlling.

D.

Conflicting Provisions: If there is any conflict between this title and any other duly adopted ordinance or law, the more restrictive shall apply and govern. (Ord. 1997-17, 10-27-1997, eff. 10-27-1997)

By authority of the town president/mayor of the town board of trustees, this zoning title shall be printed in pamphlet form and copies thereof shall be available at the office of the town clerk. This title shall be in full force ten (10) days after its passage, approval and publication in the manner provided by law on August 11, 1980. (Ord. 1997-17, 10-27-1997, eff. 10-27-1997; amd. Ord. 2014-05, 7-28-2014)

The illustrations used in this title are not drawn to scale and are intended only to graphically represent the requirements and concepts contained herein, and are not intended, nor should they be construed, to represent every situation or circumstance which may exist in the town. When there is a conflict between the text of the Zoning Title and an illustration herein, the text shall prevail. (Ord. 1997-17, 10-27-1997, eff. 10-27-1997)

The location and boundaries of the districts established by this title are indicated upon the map entitled "Official Zoning Map, Town of Cortland, Illinois" which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Zoning Title. The Official Zoning Map shall be on file in the town clerk's office and shall be the final authority as to the current zoning status of land and buildings, subject to such authorized amendments which may be in effect. (Ord. 1997-17, 10-27-1997, eff. 10-27-1997)

Unless an annexation agreement or pre-annexation agreement provides otherwise, all territory which may hereafter be annexed to the town, shall be classified AG Agriculture District until otherwise classified by amendment as provided herein. In the event owners requesting annexation of their property desire a classification other than AG Agriculture District, a petition shall be submitted simultaneously with the petition for annexation for the desired zoning classification in accordance with the provisions of this title. Every annexation petition shall include a natural resource opinion from the DeKalb County Soil and Water Conservation District as required by 70 Illinois Compiled Statutes 405/22.02a. (Ord. 1997-17, 10-27-1997, eff. 10-27-1997)

In the event that uncertainties exist with respect to the intended boundaries of the various districts as shown on the Zoning Map, the following rules shall apply:

A.

Use of Center Lines of Streets: District boundaries are the center lines of the streets or alleys, unless otherwise indicated. Where designation of a boundary line on the Zoning Map coincides with the location of a street or alley, the center line of such street or alley shall be construed to be the boundary of such district.

B.

Use of Lot Lines: Where the district boundaries do not coincide with the location of streets or alleys, but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.

C.

Use of Zoning Map Scale: Where the district boundaries do not coincide with the location of streets, alleys, or lot lines, the district boundary shall be determined by the use of the scale shown on the Zoning Map.

D.

Lots in More Than One District: When a lot held in one ownership on the effective date hereof is divided by a district boundary line, the entire lot shall be construed to be within the more restrictive district.

E.

Public Ways: All streets, alleys, public ways, and railroad rights of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways and railroad rights of way. Where the center line of a street, alley, public way or railroad right of way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the property abutting up to such center line.

F.

Boundaries Following Municipal Boundary Limits: Boundaries indicated as approximately following municipal boundary limits shall be construed to follow municipal boundary limits.

G.

Railroad Lines: Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

H.

Shorelines, Bodies of Water: Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.

I.

Vacated Public Ways and Railroad Rights-of-Way: Streets, alleys, public ways or railroad rights of way which are shown on the Zoning Map and which have heretofore been vacated, or which may be vacated hereafter, shall be in the same district as the land abutting both sides of the street, alley, public way or railroad right of way involved. If the land abutting each side of the street, alley, public way or railroad right of way was located in different districts before the said street, alley, public way or railroad right of way was vacated, the center line of such vacated street, alley, public way or railroad right of way shall be the district boundary line of the respective zoning districts. (Ord. 1997-17, 10-27-1997, eff. 10-27-1997)

If a recorded subdivision plat imposes a building or setback line for a lot which is less than the minimum yard required by the applicable section of this title, then, notwithstanding the recorded plat, the minimum yard shall be the same as required by the applicable section of this title. (Ord. 1997-17, 10-27-1997, eff. 10-27-1997)

Any and all standards and other codes, regulations and public records incorporated by reference into this Zoning Title have been adopted in accordance with the requirement established in 65 Illinois Compiled Statutes 5/1-3-1 et seq., and 50 Illinois Compiled Statutes 220/0.01 et seq. (Ord. 1997-17, 10-27-1997, eff. 10-27-1997)

Whenever any trustee of a land trust or any beneficiary or beneficiaries of a land trust make application to the town or any of its agencies pursuant to the provisions of this title relating to the land which is the subject of such trust, any interest therein, improvements thereto, or use thereof, such application shall identify each beneficiary of such land trust by name and address and define his interest therein. All such applications shall be verified by the applicant in his capacity as trustee, or by the beneficiary as the beneficial owner of an interest in such land trust. (Ord. 1997-17, 10-27-1997, eff. 10-27-1997)