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Evergreen Park City Zoning Code

ARTICLE I

GENERAL PROVISIONS

Sec. 25-10. Title.

This Code shall be known as the Evergreen Park Zoning Ordinance or the Evergreen Park Zoning Code.

Sec. 25-11. Authority and Purposes.

This Code is adopted pursuant to the home rule authority of the Village for the following purposes:
   A.   Land Use Patterns. The purposes of this Code related to land use patterns are to:
      1.   Implement and foster the goals and policies of economic growth and quality of residential neighborhoods; and
      2.   Establish a rational pattern of land uses and encourage the most appropriate use of individual parcels of land in the Village; and
      3.    Encourage compatibility between different land uses; and
      4.   Provide for the gradual elimination of nonconforming uses that adversely affect the character and value of permitted development; and
      5.   Protect the scale and character of the existing residential, business, commercial, cemetery, industrial and office development areas of the Village from the encroachment of incompatible uses; and
      6.   Encourage and enhance the preservation of natural resources, aesthetic amenities, and natural features; and
      7.    Secure adequate natural light, clean air, privacy, a safe environment, and convenience of access to property; and
      8.    Promote and protect the public health, safety, morals, and the general welfare of the Village.
   B.   Public Infrastructure. The purposes of this Code related to public infrastructure are to:
      1.   Facilitate the most efficient use of existing and planned public facilities and utilities; and
      2.   Protect existing public facilities and utilities from being overloaded due to excess development; and
      3.   Protect and enhance a pattern of interconnected streets and highways that is unified, integrated, safe, effective, and efficient; and
      4.   Regulate use along arterial streets and highways to protect their through-traffic function and capacity; and
      5.    Protect residential streets from degradation by nonresidential traffic; and
      6.   Reduce congestion and promote safety on streets and highways by limiting traffic generation through the control of land use intensity; and
      7.   Establish and regulate setback lines along streets, highways, and property lines.
   C.   Justifiable Expectations and Taxable Value. The purposes of this Code related to justifiable expectations and taxable value are to:
      1.   Protect and respect the justifiable reliance of existing residents, business owners, and taxpayers on the continuation of existing, established land use patterns; and
      2.   Protect and enhance the taxable value of land and buildings.

Sec. 25-12. General Applicability.

   A.   Territorial Application. This Code shall apply to all land, structures, and uses within the corporate limits of the Village.
   B.    General Application. All structures erected hereafter, all uses of land or structures established hereafter, all structural alterations or relocations of existing structures occurring hereafter, and all enlargements and extensions of, additions to, changes in, and relocations of existing uses occurring hereafter shall be subject to all regulations of this Code applicable to the zoning districts in which such land, structures, or uses are located. Existing structures and uses that do not comply with the regulations of this Code shall be subject to the provisions of this Code relating to nonconformities.
   C.    General Prohibition. No structure, no use of any structure or land, and no lot of record or zoning lot, now or hereafter existing, shall hereafter be established, enlarged, extended, altered, moved, divided, or maintained in any manner, except as authorized by the provisions of this Code and except in compliance with the regulations of this Code. Without limiting the foregoing, any such activity that would cause any existing structure not to comply with this Code or that would create any parcel of land that could not be developed in compliance with this Code shall be prohibited.
   D.    Special Prohibition: Multiple Uses on Same Zoning Lot. No zoning lot in any residential district in the Village shall be used for more than one principal use or one principal structure.

Sec. 25-13. Provisions are Minimum Requirements.

In their interpretation and application, the provisions of this Code shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals, and general welfare, as set forth in the provisions hereof establishing the intent and purpose of this Code in general and it's various sections in particular. When the provisions of this Code impose greater restrictions than those of any statute, other ordinances, or regulation, then the provisions of this Code shall be controlling. When the provisions of any statute, other ordinance, or regulation impose greater restrictions than this Code, then the provisions of such statute, other ordinance, or regulation shall be controlling.

Sec. 25-14. Provisions are Cumulative.

The provisions of this Code shall be interpreted to be cumulative of, and to impose limitations in addition to, all other codes, laws, and ordinances in existence or which may be passed governing any subject matter of this Code. The several provisions of this Code also shall be interpreted to be cumulative of each other. To the greatest extent possible, the provisions of this Code shall be construed to be consistent with, and not in conflict with, the provisions of such other codes, laws, and ordinances, and with each other, to the end that all such provisions may be given their fullest application.

Sec. 25-15. Provisions are Not a Consent, License, or Permit.

The provisions of this Code shall not be interpreted to be, or to grant, a consent, license, or permit to use any property or to establish, locate, construct, or maintain any structure or use, or to carry on any trade, industry, occupation, or activity.

Sec. 25-16. Unlawful Uses and Structures are Not Validated.

This Code shall not be interpreted to validate or make lawful any unlawful use or structure existing upon the effective date of this Code. Any such unlawful use or structure shall remain unlawful to the extent that said use or structure is in conflict with the provisions of this Code.

Sec. 25-17. Penalties.

   A.   Any person who shall violate, disobey, omit, neglect or refuse to comply with, or who shall resist enforcement of any provision of this Code shall be subject to a fine of not less than $100.00 nor more than $1,000.00 for each offense. Each day a violation continues to exist shall constitute a separate offense.
   B.   In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Code or other regulations made under authority conferred thereby, the Village, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land, to prevent any illegal act, conduct, business or use in or about such premises.