This title shall be known and may be cited as the ZONING ORDINANCE OF JO DAVIESS COUNTY, ILLINOIS, although it may be referred to hereafter as the "zoning ordinance", or "this title". (Ord. 2009-3, 5-12-2009)

This zoning ordinance is enacted pursuant to the powers granted and limitations imposed by the constitution and laws of the state of Illinois, including, but not limited to, the statutory authority granted in 55 Illinois Compiled Statutes 5/5-12001 et seq., and all modifications and amendments thereto. (Ord. 2009-3, 5-12-2009)

The zoning ordinance of Jo Daviess County adopted on December 14, 1993, and made effective March 1, 1995, and all amendments thereto are hereby deleted and replaced with the terms of this title effective coincident with the effective date hereof. (Ord. 2009-3, 5-12-2009)

The purposes of this title are promoting the public health, safety, and general welfare, conserving the values of property throughout the county, lessening or avoiding congestion in the public streets and highways, and lessening or avoiding the hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters, and for such other lawful purposes that are in the public interest and to assist in the implementation of the Jo Daviess County comprehensive plan adopted September 14, 1999, and as subsequently amended. (Ord. 2009-3, 5-12-2009)

The provisions of this zoning ordinance shall apply to the development of all structures and land within the unincorporated area of Jo Daviess County unless exempted under the terms of this section or by the laws of the United States or the state of Illinois, and shall be in conjunction with the provisions of title 9, "Subdivision Regulations", of this code. Note: Specific exemptions such as the agricultural use exemption or the preemption of land which is the subject of a valid preannexation agreement with a municipality are not specifically listed.

   A.   Process: It shall be unlawful to conduct development on any parcel or the construction of any structure on a parcel until: 1) all applicable development review and approval processes have been followed; 2) all applicable approvals have been obtained; and 3) all required permits or authorizations to proceed have been issued.

   B.   Regulations: All buildings or structures erected hereafter, all uses of land, buildings, or structures established hereafter, all structural alteration, relocation, or substantial improvement of existing buildings, or structures occurring hereafter shall be subject to all regulations of this title which are applicable to the zoning districts in which such building, structure, use, or land shall be located.

   C.   Exemptions: The provisions of this title shall not be exercised so as to impose regulations; eliminate uses, buildings or structures; or require permits with respect to land, to the extent limited to that which the law of the state of Illinois prohibits said regulation by the county. In the event that any structure or land ceases to be used only for an exempt purpose, then such structure or land shall be subject to the provisions of this title. (Ord. 2009-3, 5-12-2009)

   A.   Meanings And Intent: All provisions, terms, phrases and expressions contained in this zoning ordinance shall be construed according to the stated purpose and intent of the zoning ordinance.

      1.   Words and terms used in this zoning ordinance shall be given the meanings in chapter 7 of this title. The words and terms, set forth herein under "definitions" wherever they occur in this title, shall be interpreted as herein defined.

      2.   Technical and nontechnical words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

      3.   The words "shall" and "will" are mandatory and not discretionary.

      4.   The word "may" is permissive.

      5.   The word "lot" shall include the words "piece", "parcel" and "tract"; and the phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for" and "occupied for".

      6.   The word "person" means any individual, association, company, corporation, firm, organization, estate, joint venture, and partnership, trustee, singular or plural of any kind or other legal entity capable of holding title to real property.

      7.   Words used in the present tense shall include the future.

      8.   Words used in the singular number shall include the plural number and the plural the singular.

      9.   Any words not defined as follows shall be construed in their generally accepted meanings as defined in the most recent publication of "Merriam Webster's Dictionary".

   B.   Distance: All measured differences shall be to the nearest integral foot. If a fraction of a foot is less than six inches (6"), the integral foot next below shall be taken.

   C.   Text: In case of any difference of meaning or implication between the text of this and any heading, drawing, table or figure, the text shall control.

   D.   Computation Of Time: The time within which an act is to be completed shall be computed by including the first day and excluding the last day. In the computation of time for public hearing notice, the day of the advertisement shall be counted and the day of the hearing shall be excluded.

   E.   Delegation Of Authority: Whenever a provision appears requiring the head of a department or another officer or employee of the county to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.

   F.   Public Officials And Agencies: All public officials, bodies, and agencies to which references are made are those of Jo Daviess County, unless otherwise indicated. (Ord. 2009-3, 5-12-2009)

The regulations set by this title within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

   A.   No building shall be erected, converted, placed, enlarged, reconstructed, or structurally altered, nor shall any building or land be used except for the purpose and in the manner permitted in the district in which the building or land is located.

   B.   Land required for setbacks, open spaces, off street parking or loading spaces for any existing building or new building shall be used for only one building.

   C.   Every building hereafter erected or structurally altered shall be located on a zoning lot, and in no case shall there be more than one principal building per zoning lot, except in the agricultural district(s) or except as otherwise provided in the ordinance.

   D.   The provisions of these regulations shall be considered the minimum requirements for the promotion of the public health, safety, morals, comfort and welfare. Where provisions of this title impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this title shall be controlling, unless the provisions of the statute do not expressly allow greater restrictions or such greater restrictions cannot be reasonably implied from expressed statutory authority, then in that event the statute controls. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this title, the provisions of such statute, other ordinance or regulation shall prevail.

   E.   The regulations of this zoning ordinance are not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement of legal relationship, provided that when the provisions of this zoning ordinance impose a greater restriction than imposed by such private agreement, the provisions of this zoning ordinance shall control. (Ord. 2009-3, 5-12-2009)

In their interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

   A.   Where the conditions imposed by any provision of this title, 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 provisions of this 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, unless the provisions of the statute do not expressly allow greater restrictions or such greater restrictions cannot be reasonably implied from expressed statutory authority, then in that event the statute controls.

   B.   No building, structure, or use which was 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; 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.

   C.   Nothing contained in this title shall be deemed to be a consent, license, or permit to use any property or to locate, construct, or maintain any building, structure, or facility or to carry on any trade, industry, occupation, or activity.

   D.   The provisions in this title are additional limitations upon all other laws and ordinances, heretofore passed or which may be passed hereafter, governing any subject matter in this title. (Ord. 2009-3, 5-12-2009)

   A.   If any court of competent jurisdiction shall declare any part of this title to be invalid, such ruling shall not affect any other provisions of this title not specifically included in said ruling.

   B.   If any court of competent jurisdiction shall declare invalid the application of any provision of this title to a particular land, parcel, lot, district, use, building or structure, such ruling shall not affect the application of said provision to any other land, parcel, lot, district, use, building, or structure not specifically included in said ruling. (Ord. 2009-3, 5-12-2009)