This Appendix A of the Village of Park Forest Municipal Code of Ordinances as amended shall be known, referred to, and cited as the "Unified Development Ordinance," "Ordinance," or "UDO."

(Ord. No. 2078, 12-11-17)

The provisions of this Ordinance are adopted pursuant to the Village's home rule authority under Article VII of the Constitution of the State of Illinois (1970), and the authority granted to the Village by the Illinois Municipal Ordinance, for the following purposes:

A.

Protect and promote the health, safety, comfort, convenience, and general welfare of the public.

B.

Ensure adequate light, air, open space, privacy, and access to property.

C.

Implement the goals and objectives of the Village's comprehensive plan elements and the other land use policies of the Village.

D.

Maintain and promote orderly land use patterns and development.

E.

Facilitate the provision of adequate public services and infrastructure.

F.

Protect the Village's quality of life and the character of its neighborhoods by ensuring that development is compatible and cohesive.

G.

Protect and enhance the taxable value of land, buildings, and structures.

H.

Promote development that sustainably manages environmentally sensitive issues.

I.

Define the responsibilities of the Village's administrative bodies and establish procedures for the effective use of the provisions of this Ordinance.

(Ord. No. 2078, 12-11-17)

A.

Jurisdiction. This Ordinance shall apply to all land, uses, and structures within the corporate boundaries of the Village, including those owned by other municipal corporations and governmental bodies.

B.

General Applicability. The provisions of this Ordinance shall be interpreted and applied as the minimum requirements for the promotion and protection of the public health, safety, convenience, comfort, and general welfare to achieve the purposes for which this Ordinance was adopted.

C.

General Prohibition. No structure, use of any structure or land, or lot of record or zoning lot shall be established, enlarged, extended, altered, moved, divided, or maintained in any manner contrary to the provisions of this Ordinance.

D.

Private Agreements. This Ordinance is not intended to nullify any easement, covenant, or other private agreement. In cases where this Ordinance is more restrictive than a private agreement, this Ordinance shall control. The Village shall not enforce any private agreements.

E.

Other Laws and Regulations. Unless specifically stated, this Ordinance shall control over less restrictive ordinances, regulations, and statutes, while more restrictive ordinances, regulations, and statutes shall control over the provisions of this Ordinance. The more restrictive provision is the provision that imposes more stringent controls.

(Ord. No. 2078, 12-11-17)

The following transition rules shall apply in determining the applicability of this Ordinance with respect to the previously applicable zoning regulations.

A.

Existing Illegal Uses, Structures, and Lots. Any use, structure, or lot that was established illegally as of the effective date of this Ordinance, or its subsequent amendments, shall remain illegal if it does not conform with the requirements of this Ordinance.

B.

Permitted Uses Rendered Special Uses. If a use was classified as a permitted use prior to the effective date of this Ordinance, and is classified as a special use as of the effective date of this Ordinance, or its subsequent amendments, that use shall be deemed a lawful special use. Any subsequent addition, enlargement, or expansion of that use shall conform to this Ordinance's requirements for special uses.

C.

Special Uses Rendered Permitted Uses. If a use was classified as a special use prior to the effective date of this Ordinance, and is classified as a permitted use as of the effective date of this Ordinance, or its subsequent amendments, that use shall be deemed a lawful permitted use. Any subsequent addition, enlargement, or expansion of that use shall conform to this Ordinance's requirements for such permitted use and is no longer subject to the special use ordinance under which it was originally approved.

D.

Uses Rendered Nonconforming. If a use was classified as a permitted or special use prior to the effective date of this Ordinance, and 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 shall be deemed a legal nonconforming use and shall be controlled by the provisions of § VIII-5 (Nonconformities).

E.

Structures and Lots Rendered Nonconforming. If a structure or lot existing on the effective date of this Ordinance was conforming prior to the effective date of this Ordinance, and such structure or lot does not meet all standards set forth in this Ordinance, that structure or lot shall be deemed legally nonconforming and shall be controlled by the provisions of § VIII-5 (Nonconformities).

F.

Previously Issued Building Permits. If a building permit for a building or structure was lawfully issued prior to the effective date of this Ordinance, and if construction has begun within six months after the issuance of that permit and diligently pursued to completion, the structure may be completed based on the previously issued building permit, and may be occupied under an occupancy permit for the use originally intended upon completion.

G.

Previously Granted Special Uses and Variations. All special uses and variations granted prior to the effective date of this Ordinance shall remain in effect. The recipient of the special use or variation may proceed to develop the property in accordance with the plans and any applicable conditions approved by the Village Board or Planning and Zoning Commission. 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 shall govern.

H.

Pending Applications. If an application has been submitted to the Village, but has not been scheduled for a public hearing or other required review prior to the effective date of this Ordinance, then the provisions of this Ordinance shall govern the application.

(Ord. No. 2078, 12-11-17)

A.

Graphics, Tables, and Text. The graphics, tables, and text in this Ordinance are regulatory. In case of a conflict, text shall control over tables and graphics, and tables shall control over graphics.

B.

Tense and Form. Words used in the present tense include the past and future tenses.

C.

Number. The singular number includes the plural number, and vice versa.

D.

Lists. Lists of examples prefaced with "including the following," "such as," or other similar phrases shall not be construed to be exclusive or preclude an interpretation of the list by the Zoning Administrator to include other similar, unspecified examples.

E.

Shall and May. The word "shall" is mandatory, while the word "may" is permissive. "Shall not" and "may not" are both prohibitive.

F.

Undefined Terms. Any words not defined in this Chapter shall be interpreted as defined in normal dictionary usage.

(Ord. No. 2078, 12-11-17)

A.

Enforcement. This Ordinance shall be enforced by the Zoning Administrator. The Zoning Administrator may seek the assistance of the Village Attorney to enjoin, abate, or stop any violation of this Unified Development Ordinance. The Zoning Administrator may seek the assistance of the Police Department and/or code enforcement staff to enforce this Unified Development Ordinance. The property owner charged with a violation of this Unified Development Ordinance may be held responsible for any legal expenses incurred by the Village.

B.

Penalties and Fines. Any person, firm, or corporation who does not comply with any of the provisions of this Unified Development Ordinance, or who resists the enforcement thereof, shall be fined for each offense. Each day that a violation continues shall constitute a separate offense. The accumulation of penalties for violations shall cease upon correction of the violation, but the obligation to pay for violations already committed shall not.

(Ord. No. 2078, 12-11-17)

If any chapter, section, provision, clause, or portion of this Unified Development Ordinance is adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair, invalidate, or nullify the validity of the remainder of this Ordinance. The effect of the judgment shall be confined to the chapter, section, provision, clause, or portion of the Ordinance immediately involved in the judgment rendered.

(Ord. No. 2078, 12-11-17)

The effective date of this Ordinance is the date of its adoption, December 11, 2017.

(Ord. No. 2078, 12-11-17)