This title shall be known and may be cited as the GENEVA ZONING ORDINANCE and may be referred to herein as the zoning title or this title, and shall apply to all land, uses of land and buildings and structures within the city. (Ord. 95-28, 5-1-1995)

A.

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, comfort, convenience, prosperity and general welfare.

B.

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 provision of this title 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.

C.

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

D.

No building, structure or use which was not lawfully existing at the time of the adoption of this title shall become or be made lawful solely by reason of the adoption of this title.

E.

Nothing contained in this title shall be deemed to be a consent, license or permit to use any property, or to locate, construct or maintain any building, structure or facility or to carry on any trade, industry, occupation or activity. (Ord. 95-28, 5-1-1995)

This title is adopted with the purpose of protecting and promoting the public health, safety, morals, comfort and general welfare. The fulfillment of this purpose is accomplished by seeking:

A.

To protect residential, business, commercial and industrial areas alike from harmful encroachment by incompatible uses and to ensure that land allocated to a class of uses shall not be usurped by other inappropriate uses.

B.

To establish adequate standards for the provision of light, air and open space.

C.

To zone all properties with the intent to conserve the value of buildings and land and encourage the most appropriate use of land throughout the city.

D.

To minimize congestion on the public streets.

E.

To facilitate the provision of adequate transportation and of other public requirements and services such as water, sewerage, schools and parks.

F.

To avoid hazards to persons and damage to property from inappropriate development of lands and provide for adequate drainage, curbing of erosion and reduction of flood damage.

G.

To avoid undue concentration of population, and to prevent the overcrowding of land, thereby ensuring proper living and working conditions.

H.

To foster compatible relationships between residential, business, commercial and industrial uses for the mutual benefit of all.

I.

To isolate or control the location of unavoidable nuisance producing uses.

J.

To establish reasonable standards to which buildings and structures shall conform, and to encourage reasonable flexibility of development design through appropriate innovation.

K.

To provide for the regulation of nonconforming buildings, structures and uses.

L.

To ensure that additions to, and alterations or remodeling of, existing buildings or structures will comply with the restrictions and limitations imposed herein.

M.

To define the powers and duties of the administrative and enforcement officers and bodies.

N.

To prescribe penalties for any violation of the provisions of this title, or of any amendment thereto.

O.

To implement the objectives of the Geneva comprehensive plan, as well as protect all appropriate existing structures and uses.

P.

To improve and enhance the overall physical environment of the city of Geneva as generally set forth as part of the Geneva comprehensive plan. (Ord. 98-25, 5-1-1995)

It is hereby declared to be the intention of the city council that the several provisions of this title are separable, in accordance with the following:

A.

If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provisions of this title not specifically included in said judgment.

B.

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. (Ord. 98-25, 5-1-1995)