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Fairhope City Zoning Code

ARTICLE I

- GENERAL PROVISIONS

Sec. 48-1.- Title.

This Code shall be known as and cited as the Zoning Code of the City of Trenton, IL.

(Ord. No. 1769, § 1(Att. 48.1.1), 9-21-2020)

Sec. 48-2. - Purpose.

In accordance with State Statutes (65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1), this Code regulates structures and land uses in order to preserve and protect public health, safety, comfort, morals, and welfare. The purpose of the Code is to assist in implementing the comprehensive plan. More specifically, this Code is intended to assist in achieving the following objectives:

(1)

To regulate and limit the height and bulk of buildings hereafter to be erected;

(2)

To establish, regulate and limit building or set-back lines on or along any street, traffic-way, drive, parkway or storm or floodwater runoff channel or basin;

(3)

To regulate and limit the intensity of the use of lot areas and regulate and determine the area of open spaces within and surrounding such buildings;

(4)

To classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential, and other uses;

(5)

To divide the entire municipality into districts of such number, shape, area, and of such different classes (according to use of land and buildings, height and bulk of buildings, intensity of the use of lot area, area of open spaces, or other classification);

(6)

To fix standards to which buildings or structure therein shall conform;

(7)

To prohibit uses, buildings, or structures incompatible with the character of such districts;

(8)

To prevent additions to and alteration or remodeling of existing buildings or structures that are not in conformance with this chapter; and

(9)

To require the creation and preservation of affordable housing, including the power to provide increased density or other zoning incentives to developers who are creating, establishing, or preserving affordable housing.

(Ord. No. 1769, § 1(Att. 48.1.2), 9-21-2020)

Sec. 48-3. - Scope.

In order to achieve the objectives enumerated in section 48-2, this Code:

(1)

Divides this entire city into districts, and permits in each district only those structures and uses that are compatible with the character of such district;

(2)

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

(3)

Imposes supplementary regulations to control certain potentially troublesome structures and uses;

(4)

Sets forth standards for off-street parking areas;

(5)

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

(6)

Establishes zoning administrative and enforcement procedures.

(Ord. No. 1769, § 1(Att. 48.1.3), 9-21-2020)

Sec. 48-4. - Jurisdiction.

This Code shall be applicable within the corporate limits of the city and on property owned by the city outside the corporate limits of the city. Nothing herein shall be construed to preclude the city from adopting and enforcing extraterritorial zoning, planning, subdivision and building regulations.

(Ord. No. 1769, § 1(Att. 48.1.4), 9-21-2020)

Sec. 48-5. - Interpretation.

Every provision of this Code shall be construed liberally in favor of this municipality, and every requirement imposed in this Code shall be held to be the minimal requirements for the promotion of the public health, safety, convenience, morals and general welfare. Whenever the requirements of this Code differ from the requirements of any other lawfully adopted ordinance, regulation, deed restriction, or covenant, the more stringent requirement shall prevail.

(Ord. No. 1769, § 1(Att. 48.1.5), 9-21-2020)

Sec. 48-6. - 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 himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this Code. 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 duties under this Code, shall be defended by the municipal attorney until the final determination of the legal proceedings. (See "Local Governmental and Governmental Employees Tort Immunity Act", Ill. Comp. Stat., Ch. 745 Secs. 10/1-101).

(Ord. No. 1769, § 1(Att. 48.1.6), 9-21-2020)

Sec. 48-7. - Severability.

If any provision of this Code is declared unconstitutional or invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remainder of this Code.

(Ord. No. 1769, § 1(Att. 48.1.7), 9-21-2020)

Sec. 48-8. - Review.

This Code shall be reviewed every five years after its effective date by the joint planning and zoning commission. After the review, they shall file their reports and recommendations with the city council in accordance with the procedures and requirements of Article X, Division 3, sections 48-42648-432.

(Ord. No. 1769, § 1(Att. 48.1.8), 9-21-2020)