In accordance with state law (65 ILCS Sec. 5/11-013-1 et seq.) this Unified Land Development Code regulates lots, structures and uses in order to preserve, protect and promote the public health, safety and welfare; and to implement the city's Comprehensive Plan adopted in 2000, as amended, and to regulate the subdivision of land. More specifically, this Unified Land Development Code is intended to assist in achieving the following objectives:

(a)

To ensure the provision of adequate light, air, and privacy for the occupants of all buildings.

(b)

To encourage the development of buildings and uses on appropriate sites in order to maximize community-wide social and economic benefits while accommodating the particular needs of all residents, and to discourage development on inappropriate sites.

(c)

To protect and enhance the character and stability of sound existing residential, commercial, and industrial areas, and to gradually eliminate nonconforming uses and structures.

(d)

To protect the public from property damage caused by fire, flooding, poorly controlled storm water runoff, mine subsidence and adverse soil and topographical conditions.

(e)

To provide adequate and well-designed parking and loading space for all buildings and uses, and to reduce vehicular congestion on the public streets and highways.

(f)

To ensure the proper regulation of mobile home parks to protect the health and safety of residents.

(g)

To authorize and regulate the design of planned developments.

(h)

To establish reasonable standards of design and procedures for subdivisions and resubdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land.

(i)

To allow free speech and expression through the medium of signs so long as the City is protected against the proliferation of an unlimited number of signs that substantially impinge upon the city's interests in aesthetics and safety.

(j)

To provide for the efficient administration and fair enforcement of all the regulations in this Unified Land Development Code.

(Sec. 1.1)

This Code shall be applicable to all lands within the corporate limits of the city. Outside of the corporate limits, the unincorporated territory within one and one-half miles of the city is subject to Mascoutah subdivision regulations as contained in article XII of this Code and to the St. Clair County Zoning Code (enacted pursuant to Illinois Statutes). Consequently, if proper application is made to St. Clair County for an interpretation of the development administrator or for a variance, conditional use permit, text amendment or rezoning, similar proceedings need not be initiated with the city.

(Sec. 1.2)

In interpreting and applying the provisions of this Code, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Code to interfere with or abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this Code, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this Code, nor is it intended by this Code to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this Code imposes a greater restriction, this Code shall control.

(Sec. 1.3)

Any regulations previously adopted are hereby repealed if in conflict with this Code or any amendment thereto.

(Sec. 1.4)

The phrases, clauses, sentences, paragraphs and sections of this Code are severable and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or otherwise unlawful by the valid judgment, decree, or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code. In the event that, contrary to the policies, interests, and values of the city, a court of competent jurisdiction issues a judgment, decree, or injunction order that this Code, or any part thereof, is unconstitutional or otherwise unlawful because of any omission or prohibition in this Code, then all provisions of this Code not specifically declared to be unconstitutional or otherwise unlawful shall remain in full force and effect. In the event that a judgment, decree, or injunction order declaring all or a portion of this Code to be unconstitutional or otherwise unlawful is reversed or vacated by a court of competent jurisdiction, the provisions contained in this Code shall remain in full force and effect.

(Sec. 1.5)

These regulations shall take effect ten days after their final passage, approval, and publication as provided by law.

(Sec. 1.6)

Editor's note— The effective date was November 30, 2000.