This title shall be known, cited and referred to as the VILLAGE OF MIDLOTHIAN ZONING ORDINANCE. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

This title is adopted for the following purposes:

   (A)   To promote and to protect the public health, safety, comfort, convenience and general welfare.

   (B)   To zone all properties in such a manner as to reflect their best use, and to conserve and enhance their value.

   (C)   To check existing congestion, and to prevent future congestion, by limiting the development of land to a degree consistent with the capacity of the village to furnish adequate public services.

   (D)   To prevent overcrowding of land with buildings and thereby ensure maximum quality of living and working conditions, and prevent blight and slums.

   (E)   To protect residential, commercial and industrial areas alike 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.

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

   (G)   To prevent such additions to, and alterations or remodeling of, existing buildings or structures that would not comply with the restrictions and limitations imposed hereafter.

   (H)   To ensure high standards of light, air and open space in areas where people live and work.

   (I)   To relieve street congestion through adequate requirements for off street parking and loading facilities.

   (J)   To foster a more rational pattern of relationships between residential, commercial and industrial uses for the mutual benefit of all.

   (K)   To provide protection against fire, explosion, noxious fumes and other hazards, in the interest of the public health, safety, comfort, convenience and general welfare.

   (L)   To define the powers and duties of administrative officers and bodies, as provided hereinafter.

   (M)   To prescribe penalties for the violation of the provisions of this title or any amendments thereto. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   Territorial Application: This title shall apply to all land, uses, buildings and structures within the village, including that owned by other municipal corporations and government bodies. Midlothian's planning jurisdiction includes property within its corporate limits and unincorporated areas located within one and one-half (11/2) miles of the village limits.

   (B)   General Application: 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, comfort, convenience and general welfare, and shall be construed to achieve the purposes for which this title was adopted.

   (C)   General Prohibition: Except as otherwise provided by this title, no building, structure or land shall be used or occupied, and no building or structure, or part thereof, shall be erected, constructed, reconstructed, moved, enlarged or structurally altered, unless it conforms with the provisions of this title governing the zoning district in which it is located.

   (D)   Private Agreements: This title is not intended to nullify any private agreement, provided that where there is a conflict between such private agreement and this title and, where this title is more restrictive, this title shall control.

   (E)   Other Laws And Regulations: Unless otherwise specifically provided, this title shall control over less restrictive statutes, ordinances or regulations, and more restrictive statutes, ordinances or regulations will control over the provisions of this title. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

In determining the applicability of this title, with respect to the previously applicable zoning regulations, the following rules shall apply:

   (A)   Existing Unlawful Uses And Structures: A structure or use of a lot, building or accessory building or structure not lawfully existing at the time of the adoption of this title is hereby deemed lawful as of the effective date hereof, provided that it conforms with all of the requirements of this title. However, if such structure or use does not conform to all of the requirements of this title, such structure or use remains unlawful hereunder.

   (B)   Existing Permitted Uses: When a lot is used for a purpose that was classified as a permitted use prior to the effective date hereof, and such use is classified as a special use by this title, such use is hereby deemed a lawful special use for the purpose of this title. Any addition, enlargement or expansion of such use shall conform to the requirements for special uses within this title.

   (C)   Principal Uses Rendered Nonconforming: When a lot is used for a purpose that was a lawful use before the effective date hereof, and this title, or any amendment thereto, no longer classifies such use as either a permitted or special use in the zoning district in which it is located, such use is hereby deemed a legal nonconforming use and shall be controlled by the provisions of chapter 3, "Nonconformities", of this title.

   (D)   Principal Buildings, Structures And Lots Rendered Nonconforming: Where any lawful building, structure or lot existing on the effective date hereof does not meet all standards set forth in this title, or any amendment thereto, such building, structure or lot is hereby deemed nonconforming and shall be controlled by the provisions of chapter 3, "Nonconformities", of this title.

   (E)   Accessory Uses, Structures And Buildings Rendered Nonconforming: When any lawful accessory building, structure or use existing on the effective date hereof does not meet all standards set forth in this title, or any amendment therefor, such building, structure or use is hereby deemed nonconforming and shall be controlled by the provisions of chapter 3, "Nonconformities", of this title, except for signs, which shall be governed by chapter 14, "Signs", of this title.

   (F)   Previously Issued Building Permits: When a building permit for a building or structure has been lawfully issued prior to the effective date hereof, and when construction has begun within six (6) months of the issuance of such permit and is being diligently pursued to completion, the building or structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under a certificate of occupancy for the use originally intended, subject to the provisions of chapter 12, "Off Street Parking And Loading", of this title, governing off street parking and loading.

   (G)   Previously Granted Special Uses, Variations And Planned Unit Developments: All special uses, variations and planned unit developments granted prior to the effective date hereof, shall remain in full force and effect. The recipient of the special use, variation or planned unit development may proceed to develop the property in accordance with the approved plans and any conditions attached thereto. However, if the recipient has failed to act on the special use, variation or planned unit development before approval expires, the provisions of this title shall govern.

   (H)   Pending Applications: Where an application for a special use, variation or planned unit development is pending on the effective date hereof, the provisions of this title shall govern such application. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

Any person violating any of the provisions of this title shall be subject to a fine not exceeding the penalty as provided in section 1-4-1 of this code or the maximum allowed by state statutes. Each day such violation is committed or permitted to continue shall constitute a separate offense. (Ord. 1650, 10-10-2007, eff. 10-15-2007)