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Lyons City Zoning Code

CHAPTER 1

TITLE, PURPOSE AND INTERPRETATION

13-1-1: TITLE:

This title shall be known and may be cited as the LYONS ZONING ORDINANCE and may be referred to herein as "this title". (1965 Code title 6 § 101.1; amd. 2009 Code)

13-1-2: PURPOSE:

This title is adopted with the purpose of protecting and promoting the public health, safety, morals, comfort and general welfare. 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 lessen congestion on the public streets, and to facilitate the provision of adequate transportation, and of other public requirements and services such as water, sewage, schools, and parks.
   D.   To avoid hazards to persons and damage to property from inappropriate development of lands.
   E.   To avoid undue concentration of population and to prevent the overcrowding of land.
   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 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 establish reasonable standards to which buildings and structures shall conform, and to encourage reasonable flexibility of development design through appropriate innovation.
   K.   To provide for the regulation of nonconforming buildings, structures and uses.
   L.   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.
   M.   To define the powers and duties of the administrative and enforcement officers and bodies.
   N.   To prescribe penalties for any violation of the provisions of this title or of any amendment hereto.
   O.   To implement the objectives of the village comprehensive plan, as well as protect all appropriate existing structures and uses. (1965 Code title 6 § 101.2)

13-1-3: INTERPRETATION:

   A.   Minimum Requirements; More Restrictive Provisions Apply: The provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and 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.
   B.   Uses: The permitted uses and special uses enumerated in each zoning district category of this title are the only uses permitted for that district. All other uses, unless formally interpreted by the village board of trustees after first being considered by the zoning board of appeals/plan commission in an open session as promulgated by Illinois statutes to be substantially similar in nature to an expressly permitted or special use, shall be prohibited. All uses so interpreted shall be added to the listing of permitted or special uses for that district, as designated by the village board of trustees. (1965 Code title 6 § 101.3)

13-1-4: SEVERABILITY:

It is the intention of the village that the provisions of this title are severable if:
   A.   A court of competent jurisdiction adjudges any provision of this title to be invalid, such judgment shall not affect any other provision of this title not specifically included in said judgment; or
   B.   A court of competent jurisdiction adjudges invalid the application of any provision of this title to a particular property, building or structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. (1965 Code title 6 § 101.5)

13-1-5: NONCUMULATIVE PROVISIONS:

This title is noncumulative in nature. Zoning district requirements do not accumulate from one district to another unless expressly stated. (1965 Code title 6 § 101.4)

13-1-6: RELATIONSHIP TO VILLAGE CODE:

This title shall be considered an integral part of the village code, and as such, is interrelated with all other articles, 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. (1965 Code title 6 § 101.6)