This title of the Village code shall be known, and may be referred to, as the Gilberts Unified Development Ordinance

This code is adopted pursuant to the authority granted to the Village by the Illinois Municipal Code for the following purposes:

A.

Overall Purpose. The overall purpose of this code is to implement and foster the goals and policies of the Village's comprehensive plan. The intent of this code is to preserve Gilberts's community character through regulations designed specifically for that purpose. This code should provide a means of maintaining the distinctive character which provides the Village with its identity and serves as a needed contrast to surrounding suburban development in the region.

B.

Land Use Patterns. The purposes of this code related to land use patterns are to:

1.

Preserve the rational pattern of land uses that has been established in the Village and encourage the most appropriate and consistent use of individual lots in and around the Village; and

2.

Encourage compatibility between different land uses; and

3.

Protect the existing residential, business, office, industrial, and other areas of the Village from the encroachment of incompatible uses; and

4.

Provide for the gradual elimination of nonconforming uses that adversely affect the character and value of permitted development; and

5.

Secure adequate natural light, clean air, privacy, a safe environment, and convenience of access to property; and

6.

Promote and protect the public health, safety, morals, and general welfare of the Village.

C.

Development Scale. The purposes of this code related to development scale are to:

1.

Preserve the community character of the Village, which is unique to the greater metropolitan area of which the Village is a part; and

2.

Preserve the scale of development of the Village; and

3.

Encourage the preservation and enhancement of natural features and resources and aesthetic amenities.

D.

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 Village streets from degradation by non-residential traffic; and

3.

Reduce congestion and promote safety on streets and highways by limiting traffic generation through the control of land use intensity; and

4.

Avoid or lessen the hazards of flooding and storm water accumulation and run-off; and

5.

Preserve development patterns consistent with the Village's modest investment in public infrastructure in order to minimize long-term financial responsibilities and related liabilities of the Village.

E.

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 in the Village; and

3.

Minimize financial responsibilities relating to capital and administrative investments and thereby avoid undue burdens on the taxable value of land in the Village.

F.

Administration. The purposes of this code related to administration are to:

1.

Define the powers and duties of administrative officers and bodies necessary to administer this code; and

2.

Establish procedures for the efficient and effective use of the provisions of this code; and

3.

Establish standards for the review of applications filed pursuant to this code; and

4.

Prescribe penalties for the violation of the provisions of this code.

Notwithstanding any other provision of this Title 10 to the contrary, all Village uses, buildings, structures, and facilities shall be permitted by-right in all zoning districts in the Village, currently existing and hereafter created, and such Village uses, buildings, structures, and facilities shall be exempt from the otherwise applicable regulations of this Title 10, including without limitation height, setback, bulk, parking and loading, landscaping, and other regulations, provided that the Village use, building, structure, or facility is primarily for a public purpose.

To carry out the purposes of this code, the Village is hereby divided into the following zoning districts:

A.

Agriculture District (chapter 2)

• A-1 Agriculture District

B.

Residential Districts (chapter 3)

• R-1 Estate Residence District

• R-2 Rural Residence District

• R-3 Urban Residence District

• R-4 Multi-Family Residence District

C.

Commercial District (chapter 4)

• C-1 General Business District

D.

Office/Research District (chapter 5)

• O-1 Office/Research District

E.

Industrial District (chapter 6)

• I-1 General Industrial District

F.

Old Town District (chapter 7)

A.

General Rule. This code rejects as outdated and inappropriate the concept of hierarchical and cumulative zoning districts and, except as noted below, is based on the concept that each district should be designed to accomplish a specific purpose, to encourage a particular type of development, and to protect that development from being encroached upon by incompatible types of development.

B.

Special Rule. Within the foregoing philosophy, however, it is recognized that when different districts are juxtaposed, their differing characters may require special treatment to ameliorate incompatibilities that might otherwise result. For this limited purpose, this code recognizes the concept of "more restrictive" and "less restrictive" districts. For this purpose, the districts established by this code shall be considered "more restrictive" or "less restrictive" in accordance with the following rules:

1.

The residential districts shall be deemed to be more restrictive than any non-residential district.

2.

The R-1 district shall be deemed to be the most restrictive residential district and the R-3 district shall be deemed to be the least restrictive residential district.

A.

Map Incorporated. The location and boundaries of the zoning districts established by this code are as shown on a map entitled "Zoning Map of the Village of Gilberts, Illinois," hereinafter referred to as the zoning map, which is by this reference incorporated as part of this code. All notations, references, and other information shown on the zoning map, and all amendments thereto, shall be as much a part of this code as if specifically set forth and literally described herein.

B.

Omitted Land. It is the intent of this code that the entire area of the Village, including all land and water areas, be included in the districts established by this code. Any area lying within the Village but not shown on the zoning map as being included in such a district shall be deemed to be, and it is hereby, classified in the R-1 district.

C.

District Boundaries. In the event that any uncertainty exists with respect to the intended boundaries of the various districts as shown on the zoning map, the following rules shall apply:

1.

The district boundaries are the centerlines of tollways, expressways, highways, streets, alleys, waterways, railroads, and other rights-of-way unless otherwise indicated. When the designation of a boundary line on the zoning map coincides with the location of any such right-of-way, the center line of such right-of-way shall be construed to be the boundary of such district.

2.

When a district boundary does not coincide with the location of the centerline of any right-of-way but does coincide with a lot line, such lot line shall be construed to be the boundary of such district.

3.

When a district boundary does not coincide with the location of the centerline of any right-of-way or with a lot line, the district boundary shall be determined by the use of the scale shown on the zoning map.

D.

Maintenance and Availability of Zoning Map. The official copy of the zoning map shall be maintained by the Zoning Administrator and shall be available for public inspection during Village business hours at the Village hall. Any amendment to zoning district boundaries or any change in any other information shown on the zoning map made by amendment to this code shall be indicated on the official copy of the zoning map.

E.

Annual Publication of Zoning Map. A revised, up-to-date copy of the zoning map, certified as to being inclusive of all amendments and drawn to a convenient scale, shall be published at least once annually and made available for sale at the Village Hall.

A.

Annexation of Land. All land annexed to the Village after the effective date of this code shall be classified automatically upon annexation in the R-1 district.

B.

Application for Different Classification. When any land is classified pursuant to this section, it shall remain so classified unless and until an application to amend the classification is filed and granted pursuant to section 11-9 of this code. An application for reclassification may be filed prior to or contemporaneously with the annexation of the land in question.