Intent
This chapter is adopted to the end that:
(A)
Adequate natural light, air, privacy, convenient access to property and safety from fire, explosion, noxious fumes, panic and other dangers may be secured;
(B)
Overcrowding of land may be prevented;
(C)
Undue concentration of population may be avoided;
(D)
Taxable value of land and improvements throughout the village may be conserved;
(E)
Congestion in the public streets and highways may be lessened or avoided;
(F)
Sites, areas and structures of historical, architectural and aesthetic importance may be preserved and enhanced;
(G)
Natural resources and natural features may be preserved and enhanced;
(H)
A rational pattern of relationships between various uses of land may be promoted;
(I)
Public health, safety, comfort, morals and general welfare may be promoted and maintained;
(J)
The use of alternative, renewable energy sources may be encouraged; and
(K)
The goals and objectives of the comprehensive plan may be advanced.
(Ord. 163, passed 12-5-1961; Am. Ord. 2601, passed 2-11-1986; Am. Ord. 95-62, passed 6-13-1995)
To achieve these ends, this chapter sets forth regulations and standards to:
(A)
Divide the village into zones or districts of such character, number, shape and area as are best suited to restrict and regulate therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residential, commercial, industrial and other specified uses;
(B)
Prohibit the intrusion of incompatible uses or structures into such districts;
(C)
Fix standards within each district to which uses and structures therein shall comply;
(D)
Classify, regulate and restrict the intensity of land uses and location of buildings, structures and land intended for residential, commercial, industrial and other uses;
(E)
Regulate and limit the height and bulk of structures hereinafter erected;
(F)
Establish, regulate and limit setback lines along all public streets and property lines;
(G)
Regulate additions to and alterations or remodeling of existing structures so as to comply with the restrictions and limitations lawfully imposed in this chapter;
(H)
Provide for the gradual elimination of structures and uses which are presently incompatible with the character of the districts in which they are located;
(I)
Define and limit the powers and duties of the administrative officers and bodies as provided in this chapter; and
(J)
Prescribe penalties for the violation of the provisions of this chapter or any amendment thereto.
(Ord. 163, passed 12-5-1961; Am. Ord. 2601, passed 2-11-1986; Am. Ord. 95-62, passed 6-13-1995)
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements necessary to ensure the promotion of the purposes of this chapter.
(A)
Conflicting Codes And Ordinances: If any provision or requirement of this chapter is found to be in conflict with any other provision or requirement of this chapter or any other applicable law, ordinance, resolution, rule, or other governmental regulation of any kind, the regulation which establishes the more restrictive rule or imposes the higher standard shall govern.
(B)
Existing Agreements: This chapter shall not abrogate any easement, covenant or other private agreement, provided that where the regulations of this chapter are more restrictive or impose higher standards than such easements, covenants, or other private agreements, the provisions and requirements of this chapter shall govern.
(C)
Permits: Nothing contained in this chapter shall be deemed to be a consent, license or permit to use any property to locate, construct, or maintain any building, structure or facility, or to carry on any activity, business, industry, occupation or trade.
(D)
Separability: In accordance with the following, it is hereby declared that the several provisions of this chapter are separate:
(1)
If any court of competent jurisdiction determines any provision of this chapter to be invalid, such determination shall not affect any other provision of this chapter, not specifically included in the court's judgment order.
(2)
If any court of competent jurisdiction determines any provision of this chapter to be invalid as applied to a particular lot, parcel, building, structure or use, such determination shall not affect the application of such provision to any other lot, parcel, building, structure or use, not specifically included in the court's judgment order.
(Ord. 163, passed 12-5-1961; Am. Ord. 2601, passed 2-11-1986; Am. Ord. 95-62, passed 6-13-1995)
Intent
This chapter is adopted to the end that:
(A)
Adequate natural light, air, privacy, convenient access to property and safety from fire, explosion, noxious fumes, panic and other dangers may be secured;
(B)
Overcrowding of land may be prevented;
(C)
Undue concentration of population may be avoided;
(D)
Taxable value of land and improvements throughout the village may be conserved;
(E)
Congestion in the public streets and highways may be lessened or avoided;
(F)
Sites, areas and structures of historical, architectural and aesthetic importance may be preserved and enhanced;
(G)
Natural resources and natural features may be preserved and enhanced;
(H)
A rational pattern of relationships between various uses of land may be promoted;
(I)
Public health, safety, comfort, morals and general welfare may be promoted and maintained;
(J)
The use of alternative, renewable energy sources may be encouraged; and
(K)
The goals and objectives of the comprehensive plan may be advanced.
(Ord. 163, passed 12-5-1961; Am. Ord. 2601, passed 2-11-1986; Am. Ord. 95-62, passed 6-13-1995)
To achieve these ends, this chapter sets forth regulations and standards to:
(A)
Divide the village into zones or districts of such character, number, shape and area as are best suited to restrict and regulate therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residential, commercial, industrial and other specified uses;
(B)
Prohibit the intrusion of incompatible uses or structures into such districts;
(C)
Fix standards within each district to which uses and structures therein shall comply;
(D)
Classify, regulate and restrict the intensity of land uses and location of buildings, structures and land intended for residential, commercial, industrial and other uses;
(E)
Regulate and limit the height and bulk of structures hereinafter erected;
(F)
Establish, regulate and limit setback lines along all public streets and property lines;
(G)
Regulate additions to and alterations or remodeling of existing structures so as to comply with the restrictions and limitations lawfully imposed in this chapter;
(H)
Provide for the gradual elimination of structures and uses which are presently incompatible with the character of the districts in which they are located;
(I)
Define and limit the powers and duties of the administrative officers and bodies as provided in this chapter; and
(J)
Prescribe penalties for the violation of the provisions of this chapter or any amendment thereto.
(Ord. 163, passed 12-5-1961; Am. Ord. 2601, passed 2-11-1986; Am. Ord. 95-62, passed 6-13-1995)
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements necessary to ensure the promotion of the purposes of this chapter.
(A)
Conflicting Codes And Ordinances: If any provision or requirement of this chapter is found to be in conflict with any other provision or requirement of this chapter or any other applicable law, ordinance, resolution, rule, or other governmental regulation of any kind, the regulation which establishes the more restrictive rule or imposes the higher standard shall govern.
(B)
Existing Agreements: This chapter shall not abrogate any easement, covenant or other private agreement, provided that where the regulations of this chapter are more restrictive or impose higher standards than such easements, covenants, or other private agreements, the provisions and requirements of this chapter shall govern.
(C)
Permits: Nothing contained in this chapter shall be deemed to be a consent, license or permit to use any property to locate, construct, or maintain any building, structure or facility, or to carry on any activity, business, industry, occupation or trade.
(D)
Separability: In accordance with the following, it is hereby declared that the several provisions of this chapter are separate:
(1)
If any court of competent jurisdiction determines any provision of this chapter to be invalid, such determination shall not affect any other provision of this chapter, not specifically included in the court's judgment order.
(2)
If any court of competent jurisdiction determines any provision of this chapter to be invalid as applied to a particular lot, parcel, building, structure or use, such determination shall not affect the application of such provision to any other lot, parcel, building, structure or use, not specifically included in the court's judgment order.
(Ord. 163, passed 12-5-1961; Am. Ord. 2601, passed 2-11-1986; Am. Ord. 95-62, passed 6-13-1995)