(a)

Authority, adoption.

(1)

This Code is adopted under the authority granted to the City of South Beloit by 65 ILCS 5/11-13-1 et seq of the Illinois Compiled Statutes and amendments thereto and any other applicable laws or regulations.

(2)

Therefore, the City Council of the City of South Beloit do ordain as follows:

(b)

Title.

(1)

This Code shall be known as, referred to, or cited as, the zoning chapter of the city.

(c)

Purpose and intent.

(1)

The purpose of this Code is to promote the health, safety, morals, prosperity, aesthetics, and general welfare of the City of South Beloit, Illinois. Among other purposes, such provisions are intended, in accordance with a comprehensive plan:

(2)

To promote and protect the public health, safety, comfort and general welfare of the city.

(3)

To divide the city into zones or districts restricting and regulating therein the location, construction, reconstruction, alteration and use of structures and land for residential, commercial, industrial and other specific uses.

(4)

To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding structures, necessary to provide adequate light and air, and to protect the public health.

(5)

To establish building setback lines and the location of buildings designed for residential, commercial, industrial or other use within such areas.

(6)

To protect the character and the stability of the residential, commercial and industrial areas within the city and to promote the orderly and beneficial development of such areas.

(7)

To limit congestion in the public streets by providing for off-street parking and loading facilities.

(8)

To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them.

(9)

To provide for the elimination of nonconforming uses of land and structures which are adversely affecting the character and value of desirable development in each zoning district.

(10)

To define and limit the powers and duties of the administrative officers and bodies as provided in this chapter.

(11)

To give effect to the policies and proposals of the comprehensive plan as approved by the city PZC.

(12)

To promote economic development activity in the community leading to a greater tax base and increased jobs.

(d)

Abrogation/greater restriction.

(1)

It is not intended for this Code to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, private agreements, codes, ordinances, rules, regulations, or permits previously adopted or issued pursuant to laws. However, where this Code imposes greater restrictions, the provisions of this Code shall govern.

(e)

Application.

(1)

This chapter shall apply to all property except railroad rights-of-way, underground utility lines and facilities, telephone cable and supporting poles, and electric distribution lines, not including transmission lines, whether owned by private persons, firms, corporations or organizations; by the United States of America or any of its agencies or political subdivisions; by any city or county, including the city or any of its agencies; or by any authority or district organized under the laws of the state.

(f)

Interpretation.

(1)

In their interpretation and application, the provisions of this Code shall be held to be a minimum requirement and shall be liberally construed in favor of the city and shall not be deemed a repeal of any other power granted by the Illinois Statutes.

(2)

Relationship with other laws. Where the conditions imposed by any provision of this zoning chapter upon the use of land, building, or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or any other law, chapter, resolution, rule, or regulation of any kind, the regulations, which are more restrictive (or which impose higher standards or requirements) of this chapter shall govern. Any reference to the zoning board of appeals or ZBA in the Code of Ordinances shall have the same meaning as the planning and zoning commission or PZC as referenced in this chapter 118.

(g)

Conformity required.

(1)

No site or structure shall be used or designated for use for any purpose or in any manner other than in conformity with the regulations for the district in which the site or structure is located.

(2)

No structure shall be erected and no existing structure or use shall be moved, altered or enlarged except in conformity with the regulations for the district in which the structure or use is located.

(3)

No yard space provided in compliance with the regulations for the district in which it is located shall be deemed to provide a yard space for any other structure, and no yard or usable open space on one site shall be deemed to provide a yard space or usable open space for a structure on any other site.

(4)

No yard, court or usable open space shall be used, encroached upon, or reduced in any manner except in conformity with the regulations for this district in which the yard, court or open space is located.

(5)

No site held in one ownership at the time of the adoption of this chapter (May 6, 2024), or any time thereafter, shall be reduced in any manner below the minimum area, frontage, width or depth, prescribed for the district in which the site is located.

(6)

All nonconforming use shall be governed by the provisions of section 118-8 of this chapter.

(h)

Severability.

(1)

Should any portion of this chapter be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this chapter shall not be affected.

(i)

Disclaimers of liability.

(1)

Wetlands, drainage ways, and soils.

a.

The City of South Beloit does not guarantee, warrant, or represent that only those areas delineated as wetlands or drainage ways from tests and/or mapping required by this Code will be subject to periodic inundation, nor does the City of South Beloit guarantee, warrant, or represent that the soils shown to be unsuited for a given land use from tests and/or mapping required by this Code are the only unsuited soils within the jurisdiction of this Code. The city hereby asserts that there is no liability on the part of the City of South Beloit, city council, PZC, its agents, contractors, and employees for flooding problems or structural damages that may occur as a result of reliance upon, and conformance with, this Code.

(j)

Municipalities and state agencies regulated.

(1)

Unless specifically exempted by law, all cities, villages, towns and counties are required to comply with this chapter and obtain all necessary permits.

(k)

Repeal of conflicting.

(1)

The Chapter 118 "Zoning Code" of the City of South Beloit, Illinois previously adopted on the 16 ^th day of August, 1976 and amendments thereto are hereby repealed.

(2)

All other ordinances or parts of ordinances in conflict with the provisions of this Code are hereby repealed.

(Ord. of 5-6-2024; Ord. No. 2809, § 2, 8-5-2024)