This chapter shall be known, cited and referred to as the "Village of Homewood Zoning Ordinance" or "this ordinance."

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

This chapter is adopted to regulate and control the use and development of land within the Village of Homewood and for the following purposes:

(a)

To protect and promote the public health, safety, comfort, and welfare.

(b)

To secure adequate natural light, pure air, clean water, privacy, and safety from fire, explosion and noxious fumes and other dangers, and conserve and preserve open space land, which is a limited and valuable resource.

(c)

To conserve the taxable value of land and improvements in the village.

(d)

To establish a sensible pattern of land uses and encourage the most appropriate use of individual parcels of land throughout the village.

(e)

To encourage compatibility between land uses and prevent the overcrowding of land and development that is out of scale or character with existing densities.

(f)

To minimize traffic congestion on public streets, to ensure efficient traffic circulation, to provide adequate off-street parking and loading, and to include all modes of transportation.

(g)

To lessen or avoid the hazards to persons and damage to property resulting from the accumulation or runoff of stormwater.

(h)

To facilitate efficient use of existing and planned public facilities and utilities.

(i)

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

(j)

To provide for orderly and rational growth and development that is beneficial to the village and consistent with the comprehensive plan and the village's other adopted plans and studies.

(k)

To divide the entire village into districts of such number, shape, area, and different classifications (according to use of land and buildings, height and bulk of buildings, intensity of use, or other classification) as may be deemed best suited to carry out the purpose of this chapter.

(l)

To classify, regulate, and restrict the location and intensity of use of land, structures, and buildings designed for specified industrial, business, residential, and other uses.

(m)

To establish, regulate, and limit building or setback lines on, or along, the street, highway, lot line or stormwater runoff channel or basin.

(n)

To prohibit land uses incompatible with each district's character.

(o)

To regulate and limit the intensity of use of lot areas and to regulate and determine the area of open spaces within, and surrounding, such buildings.

(p)

To fix reasonable standards to which buildings or structures shall conform.

(q)

To provide for the gradual elimination of nonconforming uses that adversely affect the value of permitted development.

(r)

To prevent additions to, and alterations or remodeling of, existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed.

(s)

To prescribe penalties for violation, and methods for enforcement, of the provisions of this chapter.

(t)

To designate and define the powers and duties of the officials and bodies administering this chapter.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

This chapter is adopted pursuant to the authority granted to the village by the Illinois Municipal Code. The planning and zoning commission is empowered to give final administrative interpretations of any provisions of this chapter as provided in section 44-07-13.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

(a)

General application. This chapter shall apply to all land, uses, buildings, and structures in the Village of Homewood, including that owned by other municipal corporations and government bodies.

(b)

Required conformance.

(1)

All lots of record created after the effective date of the ordinance from which this chapter is derived, by subdivision or otherwise, shall conform to the requirements of this chapter for the zoning district in which the land is located, except as otherwise provided by this chapter.

(2)

All buildings, structures or land shall be used or occupied, and all buildings, structures or part thereof shall be constructed, moved, enlarged, or altered in conformance with the provisions of this chapter governing the zoning district in which it is located, except as otherwise provided by this chapter.

(3)

All buildings, structures, and required improvements shall not cross lot lines unless specifically allowed in this chapter or approved as a planned development as provided in article VI.

(c)

Interpretation.

(1)

Where standards or requirements imposed by any provision of this chapter are either more restrictive or less restrictive than comparable requirements or standards imposed by any other provision of this chapter or any other laws, ordinances, rules or regulations, the provisions which are more restrictive, or which impose higher standards shall govern.

(2)

In their interpretation and application, the provisions of this chapter are held to be the minimum requirements for the promotion and protection of the public health, safety and general welfare, and shall be construed to achieve the purposes for which this chapter was adopted.

(3)

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

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

(a)

Building permits issued prior to effective date. When a building permit has been lawfully issued prior to the effective date of the ordinance from which this chapter is derived and construction has begun within six months of the date of issue and is being diligently pursued to completion, the building or structure may be complete, and a certificate of occupancy may be issued, in accordance with the plans for which the building permit was issued.

(b)

Pending applications. Where a complete application for a planned development or zoning action is pending action by the village on the effective date of the ordinance from which this chapter is derived, the provisions in effect when the application was filed shall govern the review and approval.

(c)

Existing special uses, variance, and planned developments. All special use permits, variances, and planned development granted by the board of trustees prior to the effective date of the ordinance from which this chapter is derived shall remain in full force and effect. The recipient of the special use permit, variance, or planned development may proceed to develop the property in accordance with the plans approved by the board of trustees and any conditions attached thereto. Property owners shall continue to be obligated to conform to all such conditions and requirements even if the property is rezoned. However, if the recipient has failed to begin construction within six months of the date of adoption of the ordinance from which this chapter is derived, then the provisions of this chapter shall govern.

(d)

Existing permitted uses. When a lot is used for a purpose that was classified as a permitted use prior to the effective date of the ordinance from which this chapter is derived, and such use is classified as a special use by this chapter, such use is hereby deemed a lawful special use. Any addition, enlargement, or expansion of such use shall conform to the requirements of article III.

(e)

Uses, structures, buildings, and lots rendered nonconforming. Existing uses, structures, buildings, and lots that do not comply with the regulations of this chapter shall be subject to article VIII relating to nonconformities.

(f)

Existing unlawful uses, structures, and buildings. No building, structure, or use, which was unlawful at the time of the adoption of this chapter, shall become or be made lawful solely due to adoption of this chapter. To the extent, and in any manner, that said unlawful building, structure, or use is in conflict with the requirements of this chapter, said building, structure, or use remains unlawful.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

It is hereby declared the intention of the Homewood Village Board that the several provisions of this chapter are severable, in accordance with the following:

(a)

If any court of competent jurisdiction adjudges any provisions of this chapter to be invalid, such judgement shall not affect the validity and continued enforcement of any other provisions of this chapter.

(b)

If any court of competent jurisdiction adjudges the application of any provision of this chapter to any property, structure, building, or use to be invalid, such judgement shall not affect the application of that provision to any other property, building, structure, or use not specifically included in that judgement.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

This chapter shall take effect immediately upon, and its effective date shall be the date of, its passage, approval, and publication by the village board of trustees. The effective date of each amendment to this chapter shall be the date of adoption of such amendment unless otherwise provided in the ordinance adopting such amendment. When any such amendment creates any new nonconformity, references in this chapter to the effective date of this chapter, for purpose of determining the legality of such new nonconformity, shall be deemed the effective date of such amendment.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)

After the effective date of the ordinance from which this chapter is derived, all provisions of the zoning ordinance of the Village of Homewood adopted on January 10, 2023, and as amended from time to time, are expressly repealed in their entirety.

(Ord. No. MC-1068, § 2(Exh. B), 1-10-2023)