This title shall be known, cited and referred to as the VILLAGE OF MOKENA, ZONING TITLE. (Ord. 2000-O-005, 2-14-2000)

   This title is adopted pursuant to the state of Illinois Compiled Statutes for the following purposes:

   A. Promotion of the public health, safety, morals, comfort and general welfare of the present and future inhabitants of the village by:

      1. Requiring provisions for adherence to land use patterns deemed to provide for development in the best interest of the entire village as indicated, explained and substantiated in the official plans of the village;

      2. Protecting ground water supplies by controlling inappropriate land uses where soils and geological characteristics present the possibility of diminishing supplies or contamination by pollutants;

      3. Requiring provisions of adequate open space for sunlight, clean air, privacy, noise abatement, recreation, pedestrian circulation, and safe sight distances for the operation of motor vehicles;

      4. Requiring provisions for safe and adequate circulation of motor vehicles, bicyclists and pedestrians;

      5. Requiring provisions for adequate water supply and sewage disposal;

      6. Requiring provisions that promote adequate police and fire protection;

      7. Providing for the opportunity to create a variety of housing opportunities and lifestyles, employment, industrial and commercial enterprises;

      8. Prohibiting the intrusion of incompatible uses into residential, commercial, industrial, agricultural, recreational and other necessary natural and manmade areas;

      9. Requiring provisions for adequate and essential facilities, services and utilities; and

      10. Requiring provisions of adequate control, operation and maintenance of facilities necessary for public use.

   B. Conserve the values of property throughout the village by:

      1. Prohibiting the intrusion of incompatible uses into residential, commercial, industrial, agricultural, recreational, natural resources and other necessary natural and manmade areas;

      2. Requiring provisions of adequate open space for sunlight, clean air, privacy, noise abatement, recreation, pedestrian circulation and safe sight distances for operation of motor vehicles;

      3. Requiring provisions for coordinated and harmonious development; and

      4. Requiring provisions for promoting adherence to land use patterns deemed to provide for development in the best interest of the entire village.

   C. Lessening or avoiding congestion in the public streets and highways of the village, by:

      1. Requiring provisions for safe and adequate circulation of motor vehicles, bicyclists and pedestrians;

      2. Requiring provisions for adequate open space for safe sight distances for operation of motor vehicles; and

      3. Requiring provisions for coordinated, adjusted and harmonious development.

   D. Lessening or avoiding the hazards to persons and damage to property resulting from the accumulation of runoff of storm or flood water within the village, by:

      1. Requiring provisions for controlling development within flood plains; and

      2. Requiring provisions for sediment and erosion control. (Ord. 2000-O-005, 2-14-2000)

   In order to ensure that the above purposes are realized, the village has, pursuant to the state of Illinois Compiled Statutes, the power to:

   A. Regulate and restrict the location and use of buildings, structures and land;

   B. Regulate and restrict the intensity of use;

   C. Establish building or setback lines on or along any street, traffic way, drive, parkway or storm or flood water runoff channel or basin;

   D. Divide the entire village into districts of such numbers, shapes, areas and such different classes, according to the use of land and building, the intensity of use (including the height of buildings and structures and surrounding open space) and other classification as may be deemed best suited to carry out the purpose;

   E. Prohibit uses, buildings or structures incompatible with the character of such districts; and

   F. Prevent additions to and alterations or remodeling of existing buildings or structures that would result in avoiding the restrictions and limitations lawfully imposed. (Ord. 2000-O-005, 2-14-2000)

   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 herein which are applicable to 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 relocations of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter, shall be subject to all regulations herein that are applicable to the zoning district in which such buildings, uses or land shall be located.

   C. Existing 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. If the special use ceases for a period of more than six (6) months, the special use permit shall be void and the special use cannot again be started.

   D. Nonconforming Uses: Subject to the provisions of chapter 5 of this title, any lawful building, structure or use existing at the time of enactment of these zoning provisions 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, then the existing lawful use may be continued.

   E. Contiguous Parcels: Except as provided in chapter 5 of this title, 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 of district in which they are located, are contiguous and are held in one ownership, at the time or subsequent to the adoption of this title or amendment, they shall be used as one zoning lot for such use, unless said parcels meet at least eighty percent (80%) of the required lot width and lot area as described in this title, in which case, the parcels may be developed pursuant to the requirements of section 9-5-8 of this title.

   F. Building Permits: Where a building permit for a building or structure has been issued in accordance with the law prior to the effective date of this title, and provided that construction is begun within one hundred eighty (180) calendar days of such date and diligently pursued to completion, within two (2) years, 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 designed, subject thereafter to the provisions of this section, sections 9-1-5 and 9-1-6 of this chapter and chapters 6 and 14 of this title.

   G. Permit Limitations: Where the zoning official has issued a special use permit, a temporary use permit, or a permit for a variation pursuant to the provisions of this title, such permit shall become void unless work thereon is substantially under way within six (6) months of the date of the issuance of such permit by the zoning official.

   H. Street, Public Or Private: No land shall be used for public motor vehicle access to any other lot or land unless that portion of the land has been officially approved as a street, public or private, by the proper authorities.

   I. Special Prohibition; Multiple Uses On Same Zoning Lot: Except where authorized by this title, no zoning lot zoned in any residential district in the village shall be used for more than one principal use or one principal structure. (Ord. 2000-O-005, 2-14-2000)

   A. Minimum Requirements: 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, comfort, morals, and general welfare. When the provisions of this title impose greater restrictions than those of any statute, other title, or regulation, then the provisions of this title shall be controlling. When the provisions of any statute, other title, or regulation impose greater restrictions than this title, then the provisions of such statute, other title, or regulation shall be controlling.

   B. Cumulative Effect: The provisions of this title shall be interpreted to be cumulative of, and to impose limitations in addition to, all other titles, laws, titles and regulations in existence or which may be passed governing any subject matter of this title. The several provisions of this title also shall be interpreted to be cumulative of each other. To the greatest extent possible, the provisions of this title shall be construed to be consistent with, and not in conflict with, the provisions of such other titles, laws, titles and regulations, and with each other, to the end that all such provisions may be given their fullest application.

   C. Provisions Are Not A Consent, License, Or Permit: The provisions of this title alone shall not be interpreted to be, or to grant, a consent, license, or permit to use any property or to establish, locate, construct, or maintain any structure or use, or to carry on any trade, industry, occupation, or activity, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by this title, other ordinances of the village, or the state and federal government.

   D. 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.

   E. 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. 2000-O-005, 2-14-2000)

   It is hereby declared to be the intention of the village president and board of trustees that the several provisions of this title are separable, in accordance with the following:

   A. Provisions Of Title: If any court of competent jurisdiction shall adjudge 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 adjustment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. (Ord. 2000-O-005, 2-14-2000)

   After the effective date of this title, all provisions of the zoning title of the village of Mokena adopted April 3, 1989, as heretofore amended, are hereby expressly repealed. Except as expressly provided in this title, no such repeal shall affect or impair any offense committed, or any liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect, but the same may be asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such repeal had not been effected. (Ord. 2000-O-005, 2-14-2000)

   This title was adopted and became effective on February 14, 2000. (Ord. 2000-O-005, 2-14-2000)