This title will be known and cited as the LAND DEVELOPMENT CODE OF SPRING VALLEY, ILLINOIS. References herein to "this title" will be interpreted as referring to the land development code. (Ord. 1379, 6-9-2008)

The provisions of this title become effective on November 1, 2007. (Ord. 1379, 6-9-2008)

This title is adopted under the statutory authority conferred by 65 Illinois Compiled Statutes 5/11. (Ord. 1379, 6-9-2008)

This title applies to all lands and waters within the corporate limits of the city of Spring Valley. All structures and land uses constructed or commenced and all enlargements of, additions to, changes in and relocations of existing structures and uses are subject to the requirements of this title. (Ord. 1379, 6-9-2008)

The standards in this title are minimum requirements. Other local, state and federal regulations may also apply. The issuance of any permit, certificate or approval in accordance with the standards and requirements of this title does not relieve the recipient of such permit, certificate or approval from the responsibility of complying with all other applicable requirements. (Ord. 1379, 6-9-2008)

The purpose of this title is to promote the public health, safety and general welfare of existing and future residents of the city of Spring Valley by:

   (A)   Implementing the comprehensive plan;

   (B)   Classifying land within the city into zoning districts;

   (C)   Regulating the location and use of all structures, lands and waters;

   (D)   Regulating the intensity of uses and structures through building coverage, density and dimensional standards;

   (E)   Ensuring protection from fire, flood and other dangers;

   (F)   Lessening congestion and promoting the safety and efficiency of streets and highways;

   (G)   Improving pedestrian safety;

   (H)   Providing adequate privacy, light, air, sanitation, and drainage;

   (I)   Preventing overcrowding and avoiding undue population concentration;

   (J)   Facilitating the adequate provision of public facilities and utilities;

   (K)   Providing adequate and aesthetically pleasing stormwater management facilities;

   (L)   Stabilizing and protecting property values;

   (M)   Furthering the appropriate use of land and conservation of natural resources;

   (N)   Maintaining and enhancing the aesthetic appearance and physical design of the city;

   (O)   Encouraging the effective use of signs as a means of communication for businesses, organizations and individuals, and minimizing the possible adverse effects of signs on nearby public and private property;

   (P)   Ensuring sound development and community growth by establishing minimum standards for subdivision design;

   (Q)   Promoting aesthetically pleasing development by establishing minimum standards for installation of landscaping and screening materials;

   (R)   Minimizing the adverse impacts of noise, dust, glare and other objectionable activities or impacts;

   (S)   Promoting the development of land for the highest possible use and protecting against deterioration and obsolescence that would adversely affect the living environment or tax base;

   (T)   Providing common grounds of understanding and a sound working relationship between the city and developers and to safeguard the interests of the homeowner, the subdivider, the investor and the city;

   (U)   Managing growth within the city by concentrating development within the effective operating range of existing public utilities and improvements;

   (V)   Causing the cost of design and installation of improvements in new, platted subdivisions to be borne by the persons purchasing the lots rather than by any direct or indirect burden upon existing property owners beyond the limits of the subdivision;

   (W)   Coordinating new subdivision design with the design of the city as a whole to allow for the proper capacity of all types of improvements on the basis of an orderly sequence of subdivisions as a part of neighborhoods and neighborhoods as a part of the community;

   (X)   Securing the rights of the public with respect to public lands and waters;

   (Y)   Improving land records by establishing standards for surveys and plats; and

   (Z)   Providing for the administration and enforcement of this title and providing penalties for its violation. (Ord. 1379, 6-9-2008)

The degree of flood protection required by this title is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by manmade or natural causes. This title does not imply that development either inside or outside of floodplain areas will be free from flooding or flood damage. This title does not create liability on the part of the city or any officer or employee thereof, or the federal emergency management agency, for any flood damage that may result from reliance on this title or any administrative decision made lawfully thereunder. (Ord. 1379, 6-9-2008)

   (A)   Adoption: The location and boundaries of the zoning districts established by this title are shown on the map entitled "Zoning Map Of The City Of Spring Valley, Illinois". That map, together with all notations, references, data and other information shown on the map, is hereby adopted as part of this chapter. The map must remain on file and available to the public in the office of the zoning administrator of the city of Spring Valley.

   (B)   Annual Revision: The city council will publish a revised zoning map no later than March 31 of each year clearly showing the zoning district classifications of the city for the preceding calendar year. If in any calendar year no changes are made to zoning classifications or city boundaries, the city is not required to publish a zoning map for that calendar year. (Ord. 1379, 6-9-2008)

Rules for the interpretation of zoning district boundaries are as follows:

   (A)   Zoning district boundaries will be construed to follow:

      1.   Corporate limits;

      2.   United States public land survey lines;

      3.   Property lines;

      4.   Centerlines of streets, highways, alleys, easements, railroad rights of way or extensions of such lines;

      5.   Soil mapping unit lines.

   (B)   Vacation of public streets and alleys will cause the vacated land to be automatically placed in the same district as the abutting side to which the vacated land reverts.

   (C)   Annexations to or consolidations with the city subsequent to the effective date specified in section 14-1-2 of this chapter will be classified in the most restrictive zoning district of contiguous property within the city of Spring Valley. However, parcels consisting of twenty (20) or more acres, and presently used for agricultural purposes, may, at the petitioner's election, be zoned agricultural district upon annexation. (Ord. 1379, 6-9-2008)

   (A)   Meanings And Intent: All provisions, terms, phrases and expressions used in this title will be construed according to the purpose and intent set out in section 14-1-6 of this chapter.

   (B)   Headings, Illustrations And Text: In case of any difference of meaning or implication between the text of this title and any heading, drawing, table, figure, or illustration, the text controls.

   (C)   Lists And Examples: Unless otherwise specifically indicated, lists of items or examples that use terms such as "including", "such as", or similar language are intended to provide examples; not to be exhaustive lists of all possibilities.

   (D)   Computation Of Time: The time in which an act is to be done will be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, or holiday observed by the city, that day will be excluded.

   (E)   References To Other Regulations, Publications And Documents: Whenever reference is made to a resolution, ordinance, statute, regulation, or document, that reference will be construed as referring to the most recent edition of such resolution, ordinance, statute, regulation, or document or to the relevant successor document, unless otherwise expressly stated.

   (F)   Delegation Of Authority: Whenever a provision appears requiring the head of a department or another officer or employee of the city to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority.

   (G)   Technical And Nontechnical Terms: Words and phrases will be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law will be construed and understood according to such meaning. (See also chapter 14, "Terminology", of this title.)

   (H)   Public Officials And Agencies: All public officials, bodies, and agencies to which references are made are those of the city of Spring Valley, unless otherwise expressly provided.

   (I)   Mandatory And Discretionary Terms: The words "shall", "will" and "must" are mandatory. The words "may" and "should" are discretionary and advisory terms.

   (J)   Conjunctions: Unless the context clearly suggests the contrary, conjunctions will be interpreted as follows:

      1.   "And" indicates that all connected items, conditions, provisions or events apply; and

      2.   "Or" indicates that one or more of the connected items, conditions, provisions or events may apply.

   (K)   Tenses And Plurals: Words used in one tense (past, present or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural, and the plural includes the singular. (Ord. 1379, 6-9-2008)

   (A)   Conflict With State Or Federal Regulations: If the provisions of this title are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law.

   (B)   Conflict With Other City Regulations: If the provisions of this title are inconsistent with one another, or if they conflict with provisions found in other adopted city ordinances, the more restrictive provision will control. No text amendment, variance or condition on a special use permit or any other development approval under this title may diminish the provisions of any other more restrictive city ordinance.

   (C)   Conflict With Private Easements, Agreements, Covenants Or Restrictions: This title is not intended to annul or interfere with any private easement, agreement, covenant, restriction or other private legal relationship. The city is responsible for enforcing this title; it does not enforce private agreements, easements, covenants or restrictions except those specifically required for the administration and enforcement of this title, even where the private agreements are more restrictive than the provisions of this title. (Ord. 1379, 6-9-2008)

   (A)   Violations Continue: Any violation of the previous zoning or subdivision regulations of the city will continue to be a violation under this title and will be subject to penalties and enforcement under chapter 13 of this title, unless the use, development, construction or other activity is consistent with the express terms of this title, in which case enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date specified in section 14-1-2 of this chapter.

   (B)   Completion Of Development:

      1.   Permits Issued Before Effective Date: Any building, development or sign for which a permit was lawfully issued before the effective date specified in section 14-1-2 of this chapter may be completed in conformance with the issued permit. If the building, development or sign is not completed within the time allowed under the original permit, then the building, development or sign may be constructed, completed or occupied only in strict compliance with this title.

      2.   Preliminary Plats Approved Before Effective Date: If a preliminary plat was approved before the effective date specified in section 14-1-2 of this chapter, final plat approval may be granted in accordance with the preliminary plat. If a final plat is not approved within the time requirements specified by prior ordinance or a schedule included with the preliminary plat approval, the plan commission may grant one or more extensions. If a final plat is not approved within the time required, including any extensions, then the completion of the subdivision and construction of buildings may only occur if the final plat complies with all requirements of this title. If the final plat is not in compliance with this title, then a modified final plat must be submitted and approved pursuant to the procedures of chapter 11 of this title.

   (C)   Special (Conditional) Uses:

      1.   Any use that was legally established before the effective date specified in section 14-1-2 of this chapter without a conditional use permit and which after the effective date is located within a zoning district that requires a special use permit for the subject use under this title, will be issued a special use permit without following the procedures of section 14-11-5 of this title. Any use that was legally established prior to the special use permit requirement of this title for the subject use in the zoning district in question will similarly be issued a special use permit without following the procedures of section 14-11-5 of this title. Expansions and modifications of such uses will be subject to section 14-11-5 of this title. Even if a special use permit is issued pursuant to this section, those uses or structures that do not comply with applicable standards of this title, including the use regulations of chapter 3 of this title, will be deemed nonconforming and be subject to the regulations of chapter 12 of this title.

      2.   Any use that was legally established before the effective date specified in section 14-1-2 of this chapter with a conditional use permit and which after the effective date is located within a zoning district that requires a special use permit for the subject use, may continue to be operated under the terms of the original conditional use permit and will hereby be referred to as a special use. The use will be subject to all applicable standards of this chapter, including the use standards of chapter 3 of this title and the nonconformity regulations of chapter 12 of this title. Expansions and modifications of such uses will be subject to section 14-11-5 of this title.

      3.   Any use that was legally established before the effective date specified in section 14-1-2 of this chapter with a conditional use permit and which after the effective date is located within a zoning district that does not require a special use permit for the subject use, will continue to be subject to all applicable standards of this title, including the use standards of chapter 3 of this title and the nonconformity regulations of chapter 12 of this title. (Ord. 1379, 6-9-2008)

If any court of competent jurisdiction rules any provision of this title invalid, that ruling will not affect any provision of this title not specifically included in the judgment. If any court of competent jurisdiction rules invalid the application of any provision of this title to a particular property, building, other structure, or use, that ruling will not affect the application of this title to any property, building, other structure, or use not specifically included in the judgment. (Ord. 1379, 6-9-2008)