A.   The existing zoning uses, restrictions, division and regulations listed in this title are clearly shown on the official zoning map of the Village, a copy of which is on file in the Community Development Department and is available on the Village website. The official zoning map, with all notations, references and other matters shown thereon, is declared by this reference to be part of this title.

B.   It is the intent of this title that the entire area of the Village including all land and water areas, rivers, streets, alleys, railroads and other rights-of-way, be included in the districts established by this title. Any area not shown on the official zoning map as being included in any district shall be deemed to be in the E-R Estate Residential district.

In the event that uncertainties exist with respect to the intended boundaries of the various districts as shown on the zoning map, the following rules shall apply:

A.   The district boundaries are the center lines of the streets or alleys, unless otherwise indicated. Where designation of a boundary line on the zoning map coincides with the location of a street or alley, the center line of such street or alley shall be construed to be the boundary of such district.

B.   Where the district boundaries do not coincide with the location of streets or alleys, but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.

C.   Where the district boundaries do not coincide with the location of streets, alleys, or lot lines, the district boundary shall be determined by the use of the scale shown on the official zoning map.

D.   When a lot of record or zoning lot held in one ownership on the effective date of this ordinance is divided by a district boundary line, the entire lot shall be construed to be within the less restrictive district.

All streets, alleys, public ways, waterways and railroad rights-of-way if not otherwise specifically designated, shall be deemed to be in the same zoning district as the property immediately abutting upon such streets, alleys, public ways, waterways, and railroad rights-of-way. Where the center line of the street, alley, public way, waterway or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.

All land which may hereafter be annexed to the Village shall automatically be classified in the E-R Estate Residential district if not already determined as part of the annexation ordinance. When land is automatically classified in the E-R Estate Residential district pursuant to this Section, the annexation ordinance, upon passage, shall be referred to the Planning and Zoning Commission, and the Planning and Zoning Commission shall within sixty (60) days after the effective date of the annexation ordinance, schedule and hold a public hearing with respect to the zoning classification of the annexed land, pursuant to Chapters 17.60 (Public Hearing Procedure) and 17.72 (Amendments).  The Planning and Zoning Commission shall make findings and recommendations with respect to the appropriate zoning classification or classifications of the annexed land and transmit the same to the Village President and the Village Board of Trustees.

All buildings erected after the effective date of this ordinance, all uses of land or buildings established hereafter, and all structural alterations or relocations of existing buildings occurring hereafter shall be subject to all regulations of this Title which are applicable to the zoning districts in which such buildings, uses or land shall be located. The mere establishment of a new use does not by itself require the existing structure to conform to the lot size or other bulk regulations of this Title. Except where excepted by the regulations set forth in Chapter 17.52 (Nonconforming structures, lots and uses), any alterations, enlargements or additions shall comply with the bulk regulations of this Title.

A.   Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of the ordinance codified in this Title; and provided, that construction is begun within six months of such effective date and diligently prosecuted to completion (completion to be accomplished within eighteen (18) months of the adoption of said ordinance), the building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion, be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of Chapter 17.52 (Nonconforming structures, lots and uses).

B.   Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this Title, except that side yards shall not be required on lots used for garden purposes without buildings or structures and no side or front yards shall be required on lots used for public recreation areas.

C.   No land which is located in a residential district shall be used for driveway, walkway or access purposes to any land which is located in a commercial or industrial district or used for any purpose ot permitted in a residential district.

A.  No application for a building permit or other permit or license, or for a certificate of occupancy, shall be approved by the Zoning Administrator, and no permit or license shall be issued by any other Village Department that would authorize 1) the use or change in use of any land or building contrary to the provisions of this Title;  or 2) the erection, moving, alteration, enlargement, or occupancy of any building designed or intended to be used for a purpose or in a manner  contrary to the provisions of this Title. 

B.   Site construction, utility installation, and grading shall not commence until a site development permit has been issued by the Village and any required water and sanitary sewer permits have been issued by the Illinois Environmental Protection Agency.

No permitted use hereafter established, altered, modified or enlarged shall be operated or designed so as to conflict with the use limitations for the zoning district in which such use is, or will be, located. No permitted use already established on the effective date of this ordinance shall be altered, modified or enlarged so as to conflict with, or further conflict with, the performance standards established for the zoning districts in which such use is located.

Performance standards as set forth below are established to protect the public health, safety, comfort, convenience, and the general welfare of the Village, its residents, businesses and property owners, and to promote a more desirable environment in which to live and work within the Village.  Whenever possible, no Village building permit shall be issued until the appropriate local, state, or federal agencies have issued all necessary permits for the particular use.

A.    Materials. Production, processing, cleaning, services, testing, repair, or storage of materials, goods, or products that are, or may be, injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious materials, odors, fire or explosive hazards, glare or heat, are not allowed.

B.    Odors.  The emission of odorous matter in such quantity that is readily detectable at any point along a lot line or produces a public nuisance or hazard beyond a lot line shall be stopped or modified so as to remove the odor.

C.    Open Burning.  Refer to Chapter 8.40 (Open Burning) of this Code.

D.    Emissions. All uses shall conform to the requirements of the Environmental Protection Act, 415 ILCS 5/1 et. seq, as amended, governing the emission of noise, vibration, smoke and particulate matter, water or other effluents, toxic or noxious matter, fire, glare, heat or radiation.

E.    Noise.  No activity or use shall be conducted in a manner that generates a level of sound, as measured on another property, greater than that allowed by federal, state, county, and local regulations, as amended.  These limits shall not apply to construction noises, noises emanating from safety signals or warning devices, noises not directly under the control of the owner or occupant of the property, and transient noises from moving sources, such as motor vehicles, railroads, and aircraft.  Refer to Chapter 8.28 (Noise Control) of this Code.

F.   Dust and Air Pollution. Dust and air pollution carried by the wind from sources such as storage areas, yards, roads, equipment, and the like, within lot boundaries, shall be kept to a minimum by appropriate landscaping, screening, paving, wetting, or other acceptable means.

A.   Enforcement. The Zoning Administrator shall investigate any purported violation of performance standards.

B.   Compliance. Should the Zoning Administrator determine that a proposed use has violated or may violate the performance standards set forth herein, the Zoning Administrator may require information from the applicant or owner or operator and initiate an investigation, including but not limited to the following:

1. Plans of the existing or proposed construction and development;

2. A description of the existing or proposed machinery, processes and products;

3. Specifications for the mechanisms and techniques used or proposed to be used in restricting the possible emission of any of the dangerous and objectionable elements as set forth in this Section;

4. Measurements of the amount or rate of emission of the dangerous and objectionable elements. Failure to submit data requested by the Zoning Administrator shall constitute grounds for denying a permit.

C.   Report by Expert Consultants. The Zoning Administrator may require any person, firm or corporation to retain an expert consultant to study and report as to compliance or noncompliance with the performance standards, and to advise how a proposed use can be brought into compliance with the performance standards. Such consultants shall be persons or firms mutually agreeable to the Zoning Administrator and to the owner or operator of the use in question. The cost of the consultants' services shall be borne by the owner or operator of the use.

D.   Action by the Zoning Administrator. Within sixty (60) days following the receipt of the acquired evidence, or receipt of the reports of expert consultants, the Zoning Administrator shall make a determination as to compliance or noncompliance of the use with the performance standards. If the Village finds that a violation occurred or exists, a copy of said findings shall be forwarded to the owner or operator with instructions to correct the violation. The Zoning Administrator may require modification or alterations in the existing or proposed construction or the operational procedures to ensure that compliance with the performance standards will be maintained. The operator shall be given a reasonable length of time to effect any changes prescribed by the Zoning Administrator for the purpose of securing compliance with the performance standards.

E.   Cancellation of Permits. If, after the conclusion of the time granted for compliance with the performance standards, the Zoning Administrator finds the violation is still in existence, any permits previously issued shall be void and the operator shall be required to cease operation until the violation is remedied.

All structures built hereafter must be served by and connected to a public sanitary sewer disposal system and water distribution system. The Village Board may, in its sole discretion, waive this requirement if adequate utility facilities are not available.