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Neoga City Zoning Code

ARTICLE I

- IN GENERAL

Sec. 1.1.- Short title.

This chapter shall be known and may be cited as the Neoga Land Use Ordinance.

(Ord. No. 690-10-99, 10-4-99)

Sec. 1.2. - Authority.

(a)

This chapter is adopted pursuant to the authority contained in 65 ILCS, "Municipalities."

(b)

Whenever any provision of this chapter refers to or cites a section of the Illinois Compiled Statutes and that section is later amended or superseded, the chapter shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(Ord. No. 690-10-99, 10-4-99)

Sec. 1.3. - Purpose.

This ordinance is intended to amend Ordinance No. 307, entitled the Zoning Ordinance for the City of Neoga for the purpose of securing adequate light, pure air, and safety from fire and other dangers may be secured, that the taxable value of land and buildings throughout the municipality may be conserved, that congestion in the public streets may be lessened or avoided, that the hazards to persons and damage to property resulting from the accumulation or run-off of storm or flood waters may be lessened or avoided, and may otherwise be promoted, and to insure and facilitate the preservation of sites, areas, and structures of historical, architectural and aesthetic importance.

(Ord. No. 690-10-99, 10-4-99)

Sec. 1.4. - Applications.

(a)

Except as hereafter provided, no building or structure shall be erected, moved, altered or extended, and no land, building or structure or part thereof shall be occupied or used unless in conformity with the regulations herein specified for the district in which it is located.

(b)

This ordinance shall not apply to existing buildings and structures, nor to the existing use of any building, structure or land to the extent to which it was used at the time of enactment of this ordinance. However, this ordinance shall apply to any change in use, alteration, extension or movement of any building or structure, and to any change in use of land subsequent to the enactment of this ordinance.

(Ord. No. 690-10-99, 10-4-99)

Sec. 1.5. - Zoning jurisdiction.

(a)

This chapter shall be effective throughout the city's zoning jurisdiction. The powers enumerated by this ordinance may be exercised within the city's zoning jurisdiction which includes the corporate limits and within contiguous territory not more than one and one-half miles beyond the corporate limits of the City of Neoga, where county zoning requirements do not exist. Such zoning jurisdiction may be modified from time to time in accordance with 65 ILCS 5/11-13-1.

(b)

In addition to other locations required by law, a copy of a map showing the boundaries of the city's zoning jurisdiction shall be available for public inspection in the city clerk's office.

(Ord. No. 690-10-99, 10-4-99)

Sec. 1.6. - Effective date.

The provisions in this chapter were originally adopted and became effective on [October 4, 1999].

(Ord. No. 690-10-99, 10-4-99)

Sec. 1.7. - Relationship to existing zoning, subdivision, and flood control ordinances.

To the extent that the provisions of this chapter are the same in substance as the previously adopted provisions that they replace in the city's zoning, subdivision, or flood control ordinances, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that did not constitute a lawful, nonconforming situation under the previously adopted zoning ordinance does not achieve lawful nonconforming status under this chapter merely by the repeal of the zoning ordinance.

(Ord. No. 690-10-99, 10-4-99)

Sec. 1.8. - Relationship to the Neoga Plan.

(a)

It is the intention of the council that this chapter implement the planning policies adopted by the council for the city and its planning jurisdiction, as reflected in the Neoga plan, as amended, and other planning documents, as amended. The plan may be made applicable, by the terms thereof, to land situated within the corporate limits and within contiguous territory not more than one and one-half miles beyond the corporate limits of the City of Neoga. While the council reaffirms its commitment that this chapter and any amendment to it be in conformity with adopted planning policies, the council hereby expresses its intent that neither this chapter nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document. Such planning jurisdiction may be modified from time to time in accordance with 65 ILCS 5/11-12-5.

(b)

In addition to other locations required by law, a copy of a map showing the boundaries of the city's planning jurisdiction shall be available for public inspection in the city clerk's office.

(Ord. No. 690-10-99, 10-4-99)

Sec. 1.9. - No use or sale of land or buildings except in conformity with chapter provisions.

(a)

Subject to Article III, Division 5 of this chapter (Nonconformities), no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this chapter.

(b)

For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.

(Ord. No. 690-10-99, 10-4-99)

Sec. 1.10. - Fees.

(a)

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, conditional-use permits, temporary use permits, amendments, appeals, variances and other administrative relief. The amount of the fees charged shall be as set forth in the city's budget or as established by resolution of the council filed in the office of the city clerk.

(b)

Fees established in accordance with subsection (a) shall be paid upon submission of a signed application or notice of appeal.

(Ord. No. 690-10-99, 10-4-99)

Sec. 1.11. - Severability.

It is hereby declared to be the intention of the council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this ordinance since the same would have been enacted without the incorporation into this ordinance of such unconstitutional or invalid section, paragraph, sentence, clause or phrase.

(Ord. No. 690-10-99, 10-4-99)

Sec. 1.12. - Computation of time.

Unless otherwise specifically provided within this appendix B, the computation of time shall mean calendar days.

(Ord. No. 690-10-99, 10-4-99; Ord. No. 1011-07-21, § II, 7-12-21)

Sec. 1.13. - Miscellaneous.

(a)

As used in this ordinance, words denoting a gender shall include all genders.

(b)

Words used in the singular in this ordinance include the plural and words used in the plural include the singular.

(Ord. No. 690-10-99, 10-4-99)