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Edwardsville City Zoning Code

CHAPTER 1240

GENERAL PROVISIONS2


Footnotes:
--- (2) ---

State Law reference— Power to enact zoning regulations - see 65 Illinois Compiles Statutes 5/11-13-1.

Cross reference— Amendments to Zoning Code, § 1244.03.1; interpretation of district boundaries, § 1246.03.


1240.01 - Purpose.

(a)

The intent of this zoning ordinance for the city is to protect and promote the public health, safety, orderly development and general welfare. This title, through the establishment of several zoning district designations and restrictions, shall provide the user with the needed information relating to land usage, location and administrative procedures. This is implemental legislation to be used to achieve the goals set forth with the plan for the city.

(b)

The zoned districts, as described in narrative form within this title and indicated upon the zoning map, separate the city into the following categories:

(1)

Conservation:

C Conservation District

(2)

Residential:

R-1 Single-family

R-EL Single-family residence estate lot

R-2 Multiple-family

(3)

Business:

B-1 Central business

B-2 Commercial/business

MU-1 Downtown mixed use

(4)

Manufacturing:

M-1 Light manufacturing

(5)

Public service:

IP Institutional and public service

(6)

Floodplain:

FP Floodplain overlay

(c)

In accordance with the state law, this title regulates structures and land uses. More specifically, this title is intended to achieve the following objectives:

(1)

To encourage development of buildings and uses on appropriate sites in order to maximize community-wide social and economic benefits, while accommodating the particular needs of all residents of Edwardsville;

(2)

To discourage development of buildings and uses on sites not suited for development;

(3)

To protect the character, stability of sound existing residential, commercial and manufacturing areas;

(4)

To conserve and improve the value of property throughout this municipality;

(5)

To ensure the provision of adequate light, air and privacy to the occupants of all buildings and facilities;

(6)

To provide adequate parking and access for all buildings and lots;

(7)

To reduce congestion on the public streets and highways;

(8)

To protect property from damage caused by fire, or by flooding and poorly controlled stormwater runoff;

(9)

To guide the provision of water, sewer, stormwater and other utilities and municipal services;

(10)

To reduce the initial costs and future maintenance expenses of public and private improvements and services through thoughtful and comprehensive development administration; and

(11)

To gradually eliminate existing structures and nonconforming uses that impedes achievement of the above objectives.

(Ord. No. 5930-2-14, § 5, 2-18-2014; Ord. No. 6623-11-19, § 2(Exh. D), 11-5-2019)

1240.02 - Scope.

In order to achieve the objectives enumerated in section 1240.01 of this chapter, this section:

(a)

Divides the entire municipality into districts and permits in each district only those structures and used that are compatible with the character of such district;

(b)

Regulates lot size, the bulk, setbacks, lot coverage and manner of use of structures;

(c)

Imposes certain development requirements to control certain potentially troublesome structures and uses;

(d)

Sets forth standards for off-street parking areas;

(e)

Restricts nonconforming lots, structures, and uses that adversely affect the type of development appropriate in each district; and

(f)

Establishes zoning administrative and enforcement procedures.

1240.03 - Interpretation.

Every provision of this title shall be construed liberally in favor of this municipality and every requirement imposed in this title shall be deemed minimal. Whenever the requirements of this title differ from the requirements of any other lawfully adopted ordinance, regulation, deed restriction or covenant, the more stringent requirements shall prevail.

1240.04 - Disclaimer of liability.

Except as may be provided otherwise by statute or ordinance, no officer, board member, agent or employee of this municipality shall render him or herself personally liable for any damage that may accrue to persons or property as a result on any act required or permitted in the discharge of his or her duties under this title.

Any suit brought against any officer, board member, agent or employee of this municipality as a result of any act required or permitted in the discharge of his or her duties under this title shall be defended by the municipal attorney until the final determination of the legal proceedings.

1240.05 - Separability.

It is hereby declared that the several provisions of this title are separable, in accordance with the following:

(a)

If any court of jurisdiction declares any provision to be invalid, such ruling shall not affect any other provision of this regulation not specifically included in the ruling.

(b)

If any court of jurisdiction declares invalid the application of any provision of this title to a specific property, building or other structure, such ruling shall not affect the application of such provision to any other property, building or structure not specifically included in such ruling.

1240.06 - Fees and penalty.

(a)

Fees: Any application for an amendment, variation or special use filed by or on behalf of the owner or owners of the property affected shall be accompanied by the appropriate fee as listed in the current "City of Edwardsville Fee Schedule Listing".

(b)

Penalty: Whoever violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this zoning ordinance shall be fined not less than $500.00 nor more than $750.00.

(Ord. No. 6001-03-16, § 2, 3-1-2016)