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Hawthorn Woods City Zoning Code

CHAPTER 1

ZONING PURPOSE AND INTERPRETATION

9-1-1: TITLE:

This Title shall be known, cited and referred to as the HAWTHORN WOODS ZONING ORDINANCE. (Ord. 381-87, 6-9-87)

9-1-2: INTENT AND PURPOSE:

This Title is adopted for the following purposes:
   A.   To promote and protect the public health, safety, morals, comfort and general welfare of the people.
   B.   To divide the Village into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business, manufacturing and other specified uses.
   C.   To protect the character and the stability of the residential, business and manufacturing areas within the Village of Hawthorn Woods and to promote the orderly and beneficial development of such areas.
   D.   To provide adequate light, air, privacy and convenience of access to property.
   E.   To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings, necessary to provide adequate light and air, and to protect the public health.
   F.   To establish building lines and the locations of buildings designed for residential, business and manufacturing or other uses within such areas.
   G.   To fix reasonable standards to which buildings or structures shall conform therein.
   H.   To prohibit uses, buildings or structures incompatible with the character or development or intended uses within specified zoning districts.
   I.   To prevent additions to or alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder.
   J.   To limit congestion in the public streets and protect the public health, safety, convenience and general welfare by providing for off-street parking of motor vehicles and the loading and unloading of commercial vehicles.
   K.   To protect against fire, explosion, noxious fumes and other hazards in the interest of public health, safety, comfort and general welfare.
   L.   To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them.
   M.   To conserve the taxable value of land and buildings throughout the Village.
   N.   To provide for the gradual elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district.
   O.   To define and limit the powers and duties of the administrative officers and bodies as provided herein.
   P.   Protecting the air, water and land resources of the Village from the hazards of pollution.
   Q.   Protecting land and buildings and the lawful uses of land and buildings from natural hazards including flooding and erosion.
   R.   Encouraging the construction and maintenance of a full range of housing opportunities so as to enable all persons working within the jurisdiction to reside therein. (Ord. 381-87, 6-9-87)

9-1-3: INTERPRETATION OF PROVISIONS:

   A.   Minimum Requirements: The provisions herein shall be held to be the minimum requirements for the promotion of public health, morals and welfare.
   B.   Relationships with Other Laws: Where the conditions imposed by any provision herein 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 herein or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive shall govern. (Ord. 381-87, 6-9-87)

9-1-4: SCOPE OF REGULATIONS:

   A.   Change in Structures or Use: Except as may otherwise be provided, all buildings erected hereafter, all uses of land or buildings and structures established hereafter, all structural alterations or relocation of existing buildings and structures occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter, shall be subject to all regulations herein which are applicable to the zoning district in which such buildings, uses or land shall be located.
   B.   Nonconforming Buildings, Structures and Uses: Any lawful building, structure or use existing on the effective date hereof may be continued, even though such building, structure or use does not conform to the provisions herein for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions in Chapter 10 of this Title.
   C.   Building Permits: Where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof; and provided that, construction is completed within fifteen (15) months of permit issuance, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further may, upon completion, be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of Chapter 10 of this Title. (Ord. 381-87, 6-9-87)

9-1-5: SEPARABILITY:

It is hereby declared to be the intention of the Village 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 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 provisions to any other property, building or structure not specifically included in said judgment. (Ord. 381-87, 6-9-87)