This Title is a Comprehensive Amendment to the 1974 Herscher Zoning Ordinance, and shall be known and may be cited as the ”Herscher Zoning Ordinance.”

This Title is adopted pursuant to the State of Illinois Revised Statutes for the following purposes:

   A.   Promotion of the public health, safety, morals, comfort and general welfare of the present and future inhabitants of the Village by:

      1.   Requiring provisions for adherence to land use patterns deemed to provide for development in the best interest of the entire Village as indicated, explained and substantiated in the official plans of the Village.

      2.   Protecting ground water supplies by controlling inappropriate land uses where soils and geological characteristics present the possibility of diminishing supplies or contamination by pollutants.

      3.   Requiring provisions of adequate open space for sunlight, clean air, privacy, noise abatement, recreation, pedestrian circulation, safe sight distances for operation of motor vehicles.

      4.   Requiring provisions for adequate water supply and sewage disposal.

      5.   Requiring provisions that promote adequate police and fire protection.

      6.   Providing for the opportunity to create a variety of housing opportunities and life styles, employment, industrial and commercial enterprises.

      7.   Prohibiting the intrusion of incompatible uses into residential, commercial, industrial, agricultural, recreational and other necessary natural and man-made areas.

      8.   Requiring provisions for adequate and essential facilities, services and utilities.

      9.   Requiring provisions of adequate control, operation and maintenance of facilities necessary for public use.

   B.   Conserve the values of property throughout the Village by:

      1.   Prohibiting the intrusion of incompatible uses into residential, commercial, industrial, agricultural, recreational, natural resources and other necessary natural and man-made areas.

      2.   Requiring provisions of adequate open space for sunlight, clean air, privacy, noise abatement, recreation, pedestrian circulation and safe sight distances for operation of motor vehicles.

      3.   Requiring provisions for coordinated and harmonious land uses.

      4.   Requiring provisions for promoting adherence to land use patterns deemed to provide for development in the best interest of the entire Village.

   C.   Lessening or avoiding congestion in the public streets and highways of the Village by:

      1.   Requiring provisions for safe and adequate circulation of motor vehicles, bicyclists and pedestrians.

      2.   Requiring provisions for adequate open space for safe site distances for operation of motor vehicles.

      3.   Requiring provisions for coordinated and harmonious development.

   D.   Lessening or avoiding the hazards to persons and damage to property resulting from the accumulation of runoff of storm or flood water within the Village by:

      1.   Requiring provisions for controlling development within floodplains or areas historically known to flood.

      2.   Requiring provisions for sediment and erosion control.

The standards and requirements contained in this Title, and the district mapping reflected on the Herscher Zoning District Map, are intended to implement the objectives of the Comprehensive Plan for the Village of Herscher.

In order to ensure that the above purposes are realized, the Village has, pursuant to the State of Illinois Revised Statutes, the power to:

   A.   Regulate and restrict the location and use of buildings, structures and land.

   B.   Regulate and restrict the intensity of use.

   C.   Establish building or setback lines on or along any street, traffic way, drive, parkway or storm or flood water runoff channel or basin.

   D.   Divide the entire Village into districts of such numbers, shapes, areas and such different classes, according to the use of land and building, the intensity of use (including the height of buildings and structures and surrounding open space) and other classification as may be deemed best suited to carry out the purpose.

   E.   Prohibit uses, buildings or structures incompatible with the character of such districts.

   F.   Prevent additions to and alterations or remodeling of existing buildings or structures which would result in avoiding the restrictions and limitations lawfully imposed.

   A.   Minimum Requirements: In their interpretation and application, the provisions of this Title shall be held to be the minimum requirements for the promotion and protection of the public health, safety, morals and welfare.

   B.   Conflicting Laws: Where the conditions imposed by any provisions of the Title upon the: (1) use of land or buildings; (2) bulk of buildings; (3) floor area requirements; (4) lot area requirements; (5) yard requirements; (6) other requirements are either more restrictive or less restrictive than comparable conditions imposed by other provisions of the 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.   Existing Agreements: This Title is not intended to abrogate any easement, covenant or 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.   Existing Violations: No building, structure or use, 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, shall become or be made lawful solely by reason of the adoption of this Title and to the extent that, and in any manner that, said unlawful building, structure or use is in conflict with the requirements of this Title, said building, structure or use remains unlawful hereunder.

It is hereby to be the intention of the Village President and Board of Trustees that the several provisions of this Title are separable, in accordance with the following:

   A.   Provisions Of Title: If any court of competent jurisdiction shall adjudge provisions of the Title to be invalid, such judgment shall not affect any other provision of this Title not specifically included in said judgment.

   B.   Property Application: If any court of competent jurisdiction shall adjudge invalid the application of any provisions of this Title to a particular property, building or other structure, such adjustment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.

It is hereby declared that the provisions of the Title shall apply to all properties as hereinafter specifically provided:

   A.   New Uses: No building or structure or part thereof shall hereafter be erected, constructed, reconstructed, enlarged, moved or structurally altered, and no building, structure or land shall hereafter be used, occupied or arranged or designed for use or occupancy, nor shall any excavating or grading be commenced in connection with any of the above matters, except as permitted by the regulations herein which are applicable to the zoning district in which such building, structure or land is located.

   B.   Existing Uses: Except as otherwise provided, all structural alterations or relocations of existing buildings 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.

   C.   Existing Special Uses: Where a structure and use thereof of land lawfully exists on the effective date of the Title, and is classified by this Title as a special use in the district where it is located, such use shall be considered a lawful special use. A special use permit issued in accordance with procedures herein set forth shall be required only for any expansion or major alteration of such existing legal special use.

If the special use ceases for a period of more than six (6) months, the special use permit shall be void and the special use cannot again be started.

   D.   Nonconforming Uses: Any lawful building, structure or use existing at the time of enactment of these zoning provisions 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, then the existing lawful use may be continued, subject to the provisions of Chapter 9 of this Title.

   E.   Individual Lots Of Record: An individual lot of record in existence at the time of the adoption of this Title which can fulfill at least eighty percent (80%) of the required lot area and at least eighty percent (80%) of the required lot width, may be developed for a use permitted within the zoning district in which the lot is located, provided that it can be developed in full compliance with the yard and setback requirements of the Title, with the exception of R-2 Two-Family Residential lots existing prior to the date of this chapter. R-2 Two-Family Residential lots of record in existence at the time of the adoption of this chapter may comply with the front setback regulations set forth in the 1974 Herscher Zoning Ordinance. Otherwise, an individual lot of record in existence at the time of the adoption of this Title, which is unable to meet the requirements of the Title as to lot area, lot width and yard requirements can be developed only after a variance is granted by the Zoning Board of Appeals. Any nonconforming lot may continue to be used as a legal nonconforming use or building as provided for in Chapter 9 of this Title, in the same manner as used at the time of adoption of the Title.

   F.   Contiguous Parcels: Except as provided in Chapter 9 of this Title, when two (2) or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use of district in which they are located, are contiguous and are held in one ownership, at the time or subsequent to the adoption of this Title or amendment, they shall be used as one zoning lot for such use, unless said parcels meet at least eighty percent (80%) of the required lot width and lot area as described in this Title, in which case, the parcels may be developed pursuant to the requirements of Section 10-1-6E, above.

   G.   Building Permits: Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this Title, and provided that construction is begun within ninety (90) calendar days of such effective date and diligently pursued to completion, within one (1) year, 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 designed, subject thereafter to the provisions of Section 10-1-4, 10-1-5 and 10-1-6 of this Chapter and Chapter 3 of this Title.

   H.   Special Permits: Where the Zoning Official has issued a special use permit, a temporary use permit, or a permit for a variance pursuant to the provisions of this Title, such permit shall become null and void unless work thereon is substantially under way within six (6) months of the date of the issuance of such permit by the Zoning Official.

   I.   No land shall be used for public motor vehicle access to any other lot or land unless that portion of the land has been officially approved as a street, public or private, by the proper authorities.