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Glen Ellyn City Zoning Code

CHAPTER 1

TITLE, PURPOSE AND INTERPRETATION

10-1-1. - Short title.

This title shall be known and cited as the Glen Ellyn Zoning Code.

(Ord. 6086, 11-13- 2012)

10-1-2. - Purpose.

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

(A)

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

(B)

To zone all properties with a view to conserving the value of buildings and land and encouraging the most appropriate use of land throughout the Village.

(C)

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

(D)

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.

(E)

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

(F)

To foster a more rational pattern of relationship between residential, business, commercial and industrial uses for the mutual benefit of all.

(G)

To provide for and preserve appropriate open space.

(H)

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.

(I)

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

(J)

To facilitate the preservation of sites, areas and structures of historical, architectural and aesthetic importance.

(K)

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

(L)

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

(M)

To prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed herein.

(N)

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

(O)

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

(P)

To implement the objectives of the Village Comprehensive Plan, as well as protect all appropriate existing structures and uses.

(Ord. 3617, 5-8-1989, eff. 6-1-1989)

10-1-3. - Provisions declared to be minimum requirements.

In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety and the general welfare. Whenever the requirements of this title are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive, or that imposing the higher standards, shall govern.

(Ord. 3617, 5-8-1989, eff. 6-1-1989)

10-1-4. - Ordinance provisions are noncumulative.

This title is noncumulative in nature. Zoning district requirements do not accumulate from one district to another unless expressly stated. Each zoning district contains all regulations pertinent to itself without reference to other zoning districts.

(Ord. 3617, 5-8-1989, eff. 6-1- 1989)

10-1-5. - Separability clause.

Should any section or provision of this title be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this title as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. 3617, 5-8-1989, eff. 6-1-1989)

10-1-6. - Interpretation of use lists.

The Building and Zoning Official may allow a land use to be considered as a permitted or special use which, though not contained by name in a zoning district list of permitted or special uses, is deemed to be similar in nature and clearly compatible with the listed uses. The Building and Zoning Official shall consult the Standard Industrial Classification (SIC) code to determine similarity or compatibility. However, such nonlisted uses shall not be considered for review and approval until the application for such use has been reviewed by the Village Attorney. All nonlisted uses which are tentatively approved by the Building and Zoning Official shall be added to the appropriate use list by ordinance at the time of periodic updating and revision.

(Ord. 3617, 5-8-1989, eff. 6-1-1989)

10-1-7. - Relationship to Village Code.

This Zoning Code shall be considered an integral part of the Village Code of Glen Ellyn and, as such, is interrelated with all other titles, chapters and provisions of the Village code. All applications for permits under the terms of this title shall be subject to all the provisions of all other pertinent Village regulations.

(Ord. 3617, 5-8-1989, eff. 6-1-1989)