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Plainfield City Zoning Code

ARTICLE I

- INTRODUCTORY PROVISIONS

Sec. 9-1.- Short title.

This comprehensive amendment shall be known, cited, and referred to as "the Village of Plainfield Zoning Ordinance." Throughout this document it is referred to as the "zoning ordinance."

Sec. 9-2. - Authority.

This zoning ordinance is adopted pursuant to the powers granted and the limitations imposed by state law.

Sec. 9-3. - Applicability.

Unless otherwise expressly exempted, the zoning ordinance applies to all land use, structures, buildings, and development within the village's corporate boundaries and extending beyond the corporate limits as allowed by state law.

Sec. 9-4. - Purpose and intent.

This zoning ordinance is adopted for the purposes of:

(1)

Protecting and promoting the public health, safety, and general welfare of the village residents;

(2)

Ensuring adequate light, air, open space, privacy, and access to property;

(3)

Maintaining and promoting orderly land use patterns;

(4)

Facilitating the provision of adequate public services such as water, sewage, and utilities;

(5)

Protecting the quality of life of village residents;

(6)

Protecting the character of existing residential neighborhoods;

(7)

Implementing the village's policies and goals, to include those of the comprehensive plan.

Sec. 9-5. - Separability.

If any word, clause, phrase, sentence, paragraph, provision, or application of the zoning ordinance, is, for any reason, judged by a court of competent jurisdiction to be unconstitutional or invalid, then such judgment will not affect the validity or enforceability of any remaining word, clause, phrase, sentence, paragraph, provision or application of the zoning ordinance.

Sec. 9-6. - Interpretation.

(1)

Conflicting regulations.

a.

Conflict with federal or state regulations. If a provision of this ordinance is inconsistent with the provision of a federal or state law, the provision that imposes more restrictions or greater control on development shall apply, to the extent permitted by law.

b.

Conflict with other village regulations. If a provision of this ordinance is inconsistent with another provision in this zoning ordinance, or is inconsistent with another municipal code provision, the provision that imposes more restrictions or greater control on development shall apply.

c.

Conflict with private agreements or easements. The zoning ordinance is not intended to abrogate, interfere or annul any covenant, easement, deed restriction, or agreement between private parties. If the provisions of this ordinance impose more restrictions or greater control on development, the provisions of this ordinance shall apply. The village does not enforce private agreements.

d.

Conflict between text, tables and figures. This zoning ordinance contains tables and figures. In some cases the tables and figures are used in lieu of text; in other cases the tables and figures are meant to supplement or clarify the meaning of the text. In cases where there is a conflict between the text of this zoning ordinance and a table or figure of this zoning ordinance, the provisions as expressed in the text shall apply.

(2)

Minimum requirements. The provisions of the zoning ordinance are deemed to be the minimum requirements necessary to fulfill the ordinance's stated purposes.

(3)

Meaning and intent.

a.

Words used in the singular include the plural. The reverse is also true.

b.

Words used in the present tense shall include the future.

c.

The word "lot" shall include the words "piece," "parcel" and "plot."

d.

The phrase "used for" shall include the phrases "maintained for" and "occupied for."

e.

The following words indicate compliance is mandatory: must, shall, will, may not.

f.

The following words indicate compliance is permissible or advisory in nature, and not required: may, should.

g.

Within a series of provisions, the word "and" indicates that all such provisions apply. With a series of provisions the word "or" indicates that both a single provision and a combination of provisions may apply.

h.

Unless otherwise expressly stated, a list or series of examples that uses "including," "such as," or similar wording shall not be construed as exhaustive. Words highlighted in italics are specifically defined in this ordinance.

(4)

Fractions. When a regulation is expressed in terms of a minimum requirement, any fractional result of a calculation will be rounded up to the nearest whole number. For example, a minimum requirement of one (1) parking space per three hundred (300) square feet of office space is required, and there is ten thousand (10,000) square feet of office space. The resulting fraction of 33.3 would be rounded up, and thirty-four (34) parking spaces would be required.

All references to other regulations are for informational purposes only, and do not necessarily constitute a complete list of applicable rules and regulations. Interested parties remain responsible for ensuring knowledge of and compliance with any and all applicable rules and regulations.

Sec. 9-7. - References to other regulations.

The village may, from time to time, establish submittal requirements, review procedures and design guidelines to supplement this zoning ordinance. All such submittal requirements, procedures, and guidelines shall be approved by the village board and made available for distribution, purchase, or public inspection in the office of the community development department at the Village Hall. Where practical, such materials will also be made available on the village web site.

Sec. 9-8. - Guidelines.

The village has adopted specific residential guidelines that are applicable to all new residential planned developments and annexations. Refer to Residential Design & Planning Guidelines for Planned Developments and Annexations.

Sec. 9-9. - Effective date and transition.

(1)

Effective date. Unless otherwise expressly indicated, the provisions of the zoning ordinance become effective on August 15, 2006.

(2)

Applications submitted before effective date. Complete applications for development that were submitted and pending approval before August 15, 2006 will be reviewed under the terms and provisions of the zoning ordinance that was in effect on the date that the complete application was submitted. Any re-application for an expired permit must meet the standards of the zoning ordinance in effect at the time of the re-application.

(3)

Permits issued before effective date. If a building or development was issued a building permit prior to the effective date of this zoning ordinance, the building or development may be completed in compliance with that permit and other applicable permits, even if they conflict with provisions of this zoning ordinance. However, if construction is not commenced and diligently pursued within the constraints of the building permit then the building or development must be completed in compliance with the provisions of this zoning ordinance.