This Title shall be known, cited and referred to as the MANHATTAN ZONING ORDINANCE. (Ord., 4-7-70)

   A.   It is the intent of this Title be adopted for the following purposes:

      1.   To provide that adequate light, pure air, and safety from fire and other dangers may be secured.

      2.   To provide that the taxable value of land and buildings throughout the Municipality may be conserved.

      3.   To provide that congestion in the public streets may be lessened or avoided.

      4.   To provide that the hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters may be lessened or avoided.

      5.   To provide that the public health, safety, comfort, morals, and welfare may otherwise be promoted.

   B.   Methods of Accomplishing Purpose:

      1.   In order that the purposes of this Title may be fulfilled, conditions, regulations, and requirements are set forth in the Title:

         a.   To regulate and limit the height and bulk of buildings hereafter to be erected:

         b.   To establish, regulate and limit the building or setback lines on or along any street, trafficway, drive, parkway or storm or floodwater runoff channel or basin;

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

         d.   To classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential, and other uses;

         e.   To divide the entire Municipality into districts of such number, shape, area, and of such different classes (according to use of land and buildings, height and bulk of buildings, intensity of the use of lot area, area of open spaces, or other classification) as may be deemed best suited to carry out the purposes of this Title.

         f.   To fix standards to which buildings or structures therein shall conform;

         g.   To prevent additions to and alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed under this Title; and

         h.   To prohibit uses, buildings, or structures incompatible with the character of such districts.

      2.   Also this Title, to fulfill its purpose, provides conditions, regulations, and requirements:

         a.   To protect the character and the stability of the residential, business and manufacturing areas and to promote the orderly and beneficial development of such areas;

         b.   To provide convenient access to properties;

         c.   To provide for off-street parking and loading facilities;

         d.   To protect against noise, vibrations, noxious fumes, explosion hazards, and other undesirable industrial and commercial hazards;

         e.   To prevent the overcrowding of land and undue concentration of structures;

         f.   To provide for the elimination of nonconforming uses of land, buildings and structures, which are incompatible and adversely affecting the character and value of desirable development in each district;

         g.   To define and limit the powers and duties of the administrative officers and bodies as provided herein;

         h.   To provide for the obtaining of permits and certificates; and

         i.   To prescribe penalties for the violation of the provisions of this Title. (Ord., 4-7-70)

   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 this Title upon the: (1) use of land or buildings; (2) bulk of buildings; (3) floor area requirements; (4) lot area requirements; and (5) yard requirements are either more restrictive or less restrictive than comparable conditions imposed by any other provision 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.

   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 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. (Ord., 4-7-70)

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

   A.   Title Provisions: If any court of competent jurisdiction shall adjudge any provisions of this 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 judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. (Ord., 4-7-70)

It is hereby declared that the provisions of this 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 of this Title for the zoning district in which such building, structure or land is located.

   B.   Existing Uses: Except as may otherwise be provided, all structural alterations or relocation 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 districts in which such buildings, uses or land shall be located.

   C.   Nonconforming Uses: Any lawful building, structure or use existing at the time of the enactment of this Zoning Title 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 8 of this Title.

   D.   Special Uses: Where a structure and use thereof of land lawfully exists on the effective date of this 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.

   E.   Lots of Record: A lot of record at the time of the adoption of this Title in a residence district which is unable to meet the requirements of this Title as to area, lot width, and yard requirements may be used for a single-family detached dwelling, provided it shall meet all the other requirements of this Title.

   F.   Contiguous Parcels: 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 district in which they are located, are contiguous and are held in one ownership, at the time of or subsequent to the adoption of this Title or amendment, they shall be used as one zoning lot for such use.

   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) days of such effective date and diligently prosecuted to completion, 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 12 of this Title. This subsection shall also control building permits lawfully issued prior to future amendments to this Title. (Ord., 4-7-70)