This Ordinance incorporates the Village of Niles Zoning Map and is known, cited, and referred to as the "Village of Niles Zoning Ordinance," "Zoning Ordinance," or "Ordinance."

The intent of this document is to establish land use regulations to serve the Village of Niles. This ordinance is adopted pursuant to the Village of Nile's Home Rule authority. The purpose of this Ordinance is to:

A.

Promote and protect the public health, safety, and welfare.

B.

Secure adequate light, air, privacy, and convenience of access to property.

C.

Promote the orderly development of the Village in general accordance with the Comprehensive Plan and adopted land use policies.

D.

Conserve the taxable value of land and structures throughout the Village.

E.

Divide the Village into zoning districts, according to use of land and structures, height and bulk of structures, intensity of the use of the lot, or other classification, as deemed best suited to carry out the purposes of this Ordinance.

F.

Fix reasonable standards to which structures must conform.

G.

Prevent the overcrowding of land by regulating and limiting the use and bulk of structures in relation to the surrounding land.

H.

Regulate the intensity of the use of land.

I.

Prohibit uses or structures incompatible with the character of development or intended uses within zoning districts.

J.

Provide for the gradual elimination of nonconformities.

K.

Define the powers and duties of the administrative officers and bodies as provided in this Ordinance.

L.

Prescribe penalties for the violation of this Ordinance or any amendment to this Ordinance.

M.

Avoid or lessen congestion in the public streets.

N.

Preventing additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder.

O.

Provide for the gradual elimination of those uses, buildings, and structures which are incompatible with the character of the districts in which they are made or located, including, without being limited thereto:

i)

Elimination of such uses of unimproved lands or lot areas when existing rights of the persons in possession thereof are terminated or when the uses to which they are devoted are discontinued;

ii)

Elimination of uses to which such buildings and structures are devoted if they are adaptable for permitted uses; and

iii)

Elimination of such buildings and structures when they are destroyed or damaged in major part.

A.

Territorial Application. This Ordinance applies to all land, uses, and structures within the corporate limits of the Village.

B.

General Application. In their interpretation and application, the provisions of this Ordinance are held to be the minimum requirements for the promotion and protection of the public health, safety, and welfare.

C.

Required Conformance.

1.

Any portion or whole of a structure must be erected, constructed, reconstructed, moved, and enlarged in conformance with the requirements of this Ordinance.

2.

Any structure or land must be used and occupied in conformance with the requirements of this Ordinance.

D.

Relation to Private Agreements. This Ordinance does not nullify any private agreement or covenant. However, where this Ordinance is more restrictive than a private agreement or covenant, this Ordinance controls. The Village will not enforce any private agreement or covenant.

E.

Relation to Other Laws and Regulations. Unless otherwise specifically provided, this Ordinance controls over less restrictive Village statutes, ordinances, or regulations, and more Village restrictive statutes, ordinances, or regulations control over the provisions of this Ordinance.

F.

Rules of Construction. This Ordinance contains numerous illustrations and graphics in order to assist the Ordinance user in understanding and applying the Ordinance. However, to the extent that there is any inconsistency between the text of the Ordinance and any such illustrations and graphics, the text controls unless otherwise specifically stated.

A.

Existing Illegal Structures and Uses. Any structure or use that is illegal at the time of the effective date of this ordinance, but is made legal by the provisions of this Ordinance, is deemed legal as of the effective date of this Ordinance. However, if that structure or use does not meet every requirement of this Ordinance, then that structure or use remains illegal.

B.

Existing Uses.

1.

If a structure or land is used in a manner that was classified as a permitted use prior to the effective date of this Ordinance or any subsequent amendment to this Ordinance, and now that use is classified as a special use as of the effective date of this Ordinance or any subsequent amendment to this Ordinance, that use is deemed a special use. Any subsequent addition, enlargement, or expansion of that use must conform to the procedural and substantive requirements of this Ordinance for special uses.

2.

If a structure or land is used in a manner that was classified as a special use prior to the effective date of this Ordinance or any subsequent amendment to this Ordinance, and that use is now classified as a permitted use as of the effective date of this Ordinance or any subsequent amendment to this Ordinance, that use is deemed a lawful permitted use. Any subsequent addition, enlargement, or expansion of that use must conform to any Ordinance requirements for such permitted use and is no longer subject to the special use ordinance under which it was originally approved.

3.

If a structure or land is used in a manner that was classified as permitted or special use prior to the effective date of this Ordinance or any subsequent amendment to this Ordinance, but this Ordinance no longer classifies that use as either a permitted or special use in the zoning district in which it is located, that use is deemed a nonconforming use and is controlled by the provisions of Section 16 (Nonconformities).

C.

Existing Structures. If a structure existing on the effective date of this Ordinance or any subsequent amendment to this Ordinance does not meet all standards set forth in this Ordinance in the zoning district in which it is located, that structure is deemed a nonconforming structure and is controlled by the provisions of Section 16 (Nonconformities).

D.

Existing Lots. If a lot of record existing on the effective date of this Ordinance or any subsequent amendment to this Ordinance does not meet all standards set forth in this Ordinance in the zoning district in which it is located, that lot is deemed a nonconforming lot of record and is controlled by the provisions of Section 16 (Nonconformities). A tax parcel does not establish a lot of record.

E.

Previously Issued Building Permits. If a building permit for a structure was lawfully issued prior to the effective date of this Ordinance or any subsequent amendment to this Ordinance, and if construction has begun within 180 days of the issuance of that permit and diligently pursued to completion, the 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 for the use originally intended.

F.

Previously Granted Special Uses and Variations. All special uses and variations granted prior to the effective date of this Ordinance or any subsequent amendment to this Ordinance remain in full force and effect. The recipient of the special use or variation may proceed to develop the property in accordance with the approved plans and all applicable conditions. However, if the recipient has failed to act on the special use or variation before the approval expires, including any periods of extension granted, the provisions of this Ordinance will govern.

G.

Pending Applications. An application that has been deemed complete and scheduled for a public hearing or meeting, as applicable, is subject to the Ordinance requirements in effect on the date the application was deemed complete.

If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance is adjudged by any court of competent jurisdiction to be invalid, that judgment does not affect, impair, invalidate or nullify the remainder of this Ordinance. The effect of the judgment is confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which judgment or decree was rendered.

The effective date of this Ordinance is July 1, 2016.