This document shall be known, cited and referred to as "The Peoria Zoning Ordinance." It applies to those areas of the City of Peoria outside the Heart of Peoria Plan Area. For the Heart of Peoria Plan Area, see Appendix C, Heart of Peoria Land Development Code.

(Ord. No. 16126, § 2, 5-15-07; Ord. No. 16147, § 2, 6-12-07)

The Peoria Zoning Ordinance is adopted with the purpose of protecting and promoting the public health, safety, morals, comfort, convenience, and general welfare of the people. The fulfillment of this purpose is to be accomplished by seeking the following objectives:

1.2.a. Land Use Patterns.

(1)

Implement and foster the goals and policies of the City's Official Comprehensive Plan;

(2)

Establish a rational pattern of land uses and encourage the most appropriate use of individual parcels and land throughout the City;

(3)

Provide for the maintenance and gradual elimination of nonconforming uses that adversely affect the character and value of permitted development;

(4)

Protect the character of the existing residential, business, commercial, office, institutional and industrial areas in the City from the encroachment of incompatible uses;

(5)

Encourage and enhance the preservation of natural resources, historic structures, aesthetic amenities and natural features;

(6)

Secure adequate natural light, clean air, privacy, a safe environment and convenience of access to property;

(7)

Promote and protect the public health, safety, morals and general welfare of the City;

(8)

Promote the policies set forth in other ordinances which impact or effect [affect] land use in the City; and

(9)

Promote property maintenance in those areas where cumulative impact of special uses, nonconforming uses, or disinvestment may affect the character of a neighborhood.

1.2.b. Public Infrastructure.

(1)

Facilitate the most efficient use of existing and planned public facilities and utilities;

(2)

Promote land use which is compatible with the existing or planned public facilities and utilities;

(3)

Protect and enhance a pattern of inter-connected streets and highways that is unified, integrated, safe, effective and efficient;

(4)

Regulate use along arterial streets and highways to protect their through-traffic function and capacity;

(5)

Protect residential and other local streets from degradation by nonresidential traffic;

(6)

Reduce congestion and promote safety on streets and highways by limiting traffic generation through the control of land use intensity;

(7)

Avoid or lessen the hazards of flooding and storm water accumulation and runoff; and

(8)

Establish and regulate setback lines along streets and highways, property lines, and storm and flood water runoff channels and basins.

1.2.c. Aesthetics.

(1)

Encourage reasonable flexibility of development design through appropriate innovation;

(2)

Create an attractive appearance for the City and instill aesthetics as a value and standard throughout the City; and

(3)

Promote land uses and designs which preserve existing aesthetic benefits in the City.

1.2.d. Justifiable Reliance and Taxable Value.

(1)

Protect and respect the justifiable reliance of existing residents, business people and taxpayers on the continuation of existing, established land use patterns;

(2)

Protect and enhance the taxable value of land and buildings; and

(3)

Provide for the administration and enforcement necessary to achieve the policies underlying this and other ordinances which impact on land use within the City.

This ordinance is adopted pursuant to the Home Rule Powers of the City of Peoria under the 1970 constitution of the State of Illinois.

In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion and protection of the public health, safety, morals, and general welfare.

1.4.a. Where the conditions imposed by any provision of this ordinance and amendments thereto upon the (1) use of land, buildings, or structures; (2) height of buildings or structures; (3) floor area requirements; (4) lot area and width requirements; (5) yard and other open space requirements; and (6) other provisions of this ordinance; are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this ordinance or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

1.4.b. This ordinance is not intended to abrogate any easement, covenant, or other private agreement; provided, that where the regulations of this ordinance are more restrictive or impose higher standards of requirements than such easement, covenant, or other private agreement, the requirements of this ordinance shall govern.

1.4.c. No building, structure, or use not lawfully existing at the time of the adoption of this ordinance, shall become or be made lawful solely by reason of the adoption of this ordinance; and to the extent that, and in any manner that said unlawful building, structure, or use is in conflict with the requirements of this ordinance, said buildings, structure, or use remains unlawful hereunder.

It is hereby declared to be the intention of the City Council of the City of Peoria that the several provisions of this ordinance are separable, in accordance with the following:

1.5.a. If any court of competent jurisdiction shall adjudge any provisions of this ordinance to be invalid, such judgment shall not affect any other provision of this ordinance not specifically adjudged invalid in said judgment;

1.5.b. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular property, building, or structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment; and

1.5.c. If any court of competent jurisdiction shall adjudge any provision of this ordinance invalid as applied to a particular property, building or structure, then such judgment shall not affect the validity of other portions of the ordinance, or application of other portions of the ordinance to the particular property.