The regulations codified in this chapter are adopted under the authority granted by 65 ILCS 5/11-13-1.

(Ord. No. 21-5231, § 2, 4-12-2021)

This comprehensive amendment shall be known, cited, and referred to as the "City of Rochelle Zoning Ordinance." Throughout this document, it may be referred to simply as the "zoning ordinance."

(Ord. No. 21-5231, § 2, 4-12-2021)

Unless otherwise expressly exempted, the zoning ordinance applies to all lands and waters, land uses, buildings, structures, and development within the corporate limits of the city and extending beyond the corporate limits as allowable by state law.

(Ord. No. 21-5231, § 2, 4-12-2021)

(a)

Protecting and promoting the public health, safety, and general welfare of the city residents.

(b)

Maintaining and promoting orderly land use and development patterns within the city.

(c)

Ensuring adequate light, air, open space, privacy, and access to property within the city.

(d)

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

(e)

Conserving the taxable value of land and buildings throughout the city.

(f)

Defining and limiting the powers and duties of the administrative officers and bodies as provided herein; and

(g)

Implementing the city's policies and goals, including those of the comprehensive plan.

(Ord. No. 21-5231, § 2, 4-12-2021)

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 judgement will not affect the validity or enforceability of any remaining word, clause, phrase, sentence, paragraph, provision or application of the zoning ordinance.

(Ord. No. 21-5231, § 2, 4-12-2021)

(a)

Conflicting regulations.

(1)

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

(2)

Conflict with other city regulations. If any provision of this zoning ordinance is inconsistent with another provision of this zoning ordinance, or is inconsistent with another city code provision, the provision that imposes more restriction and/or greater control on development shall apply.

(3)

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 zoning ordinance impose more restriction or greater control on development, the provisions of this zoning ordinance shall apply. The city does not enforce private agreements.

(4)

Conflict between text, tables, and figures. This zoning ordinance contains tables and figures as well as text. In some cases, the tables and figures are used in place 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.

(b)

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

(c)

Meaning and intent.

(1)

Words used in the singular also include the plural. Words used in the plural also include the singular.

(2)

Words used in the present tense shall also include the future tense.

(3)

The masculine gender shall include the feminine and the feminine gender shall include the masculine.

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

Unless otherwise expressly stated, a list or series of examples that uses "including," "such as," or similar wording shall not be construed as exhaustive.

(10)

Any word not herein defined shall be construed in their general accepted meanings in the most recent publication of Merriam-Webster International Dictionary.

(d)

Fractions. When a regulation is expressed in terms of a minimum requirement, any fractional result of a calculation shall be rounded up to the nearest whole number. For example, both 33.3 and 33.7 would be rounded up to 34.

(Ord. No. 21-5231, § 2, 4-12-2021)

Any references to other associated regulations are for informational purposes only and may not constitute a complete list of all applicable rules and regulations. Interested parties remain responsible for ensuring knowledge of and compliance with all applicable rules and regulations.

The city may, from time to time, establish submittal requirements, review procedures, fee schedules, design guidelines, etc. to supplement this zoning ordinance. All such requirements, procedures, schedules and guidelines shall be approved by the city Council and made available for distribution, purchase, or public inspection in the office of community development. Where practical, such materials may also be available on the city's website at cityofrochelle.net.

(Ord. No. 21-5231, § 2, 4-12-2021)

The planning and zoning commission and the city council shall continuously develop the city's comprehensive plan, including their planning policies to guide future decisions. All comprehensive plan elements, in whatever degree of detail they may embody, shall provide the basis for approval of all development under the zoning ordinance, and no development should be approved which directly conflicts with the stated goals and objectives of the comprehensive plan.

(Ord. No. 21-5231, § 2, 4-12-2021)

(a)

Effective date. Unless otherwise expressly indicated, the provisions of the zoning ordinance shall become effective on May 1, 2021.

(b)

Applications submitted before effective date. Complete applications for development that were submitted and pending approval before May 1, 2021 will be reviewed under the provisions and procedures 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.

(c)

Permits issued before effective date. If a building or development was issued a building permit prior to the effective date of the zoning ordinance, the building or development may be completed in compliance with that permit and other applicable permits, even if they conflict with the provisions of the 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 the zoning ordinance.

(Ord. No. 21-5231, § 2, 4-12-2021)