ZONING ORDINANCE NO. 422
An ordinance to regulate and limit the height and bulk of buildings; to regulate and limit the intensity of the use of lot area; to regulate and determine the area of open spaces within and surrounding such buildings; to classify, regulate and restrict the location of trades and industries and other uses and the location of buildings designed for specified industrial, business, residential and other uses; and for said purposes to divide the entire village into districts; to provide for the enforcement and administration of said regulations; to provide for amendments and to prescribe penalties for the violation of its provisions.
BE IT
ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
Section I. Short Title. This Ordinance shall be known as the zoning ordinance.
Section II. Definitions. For the purpose of this ordinance certain terms and words are herewith defined as follows:
Words used in the present tense include the future; words in the singular number include the plural and words in the plural number include the singular; the word “shall” is mandatory and not directory.
1. Accessory Building or Use: A subordinate building or a portion of the main building, located on the same lot as the main building, the use of which is incidental to that of the main building, or to the main use of the lot. An accessory use is one which is incidental to the main use of a building or land.
2. Block Front: All of the property on one side of a street between two intersecting streets.
3. Building: Any structure, including a roof supported by walls, designed or intended for the support, enclosure shelter or protection of persons, animals, chattels or property and forming a construction that is safe and stable; the word “building” shall include the word “structure”.
4. Building, Height of: The vertical distance from the grade (elevation of the curb, sidewalk or average elevation of the ground around the structure) to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
5. Clinic: An establishment where patients, who are not lodged overnight are admitted for examination and treatment by two or more dentists or physicians practicing together.
6. District: A section or sections of the
7. Dwelling: Any building or portion thereof designed for or used exclusively for residential purposes but not including hotels, motels, motor courts, or mobile homes.
8. Dwelling, Single-family: A building designed for or used exclusively by one family as a residence.
9. Dwelling Unit: A room or group of rooms within a dwelling and forming a single habitable unit with permanent facilities for living, sleeping and cooking.
10. Family: One or more persons each related to the other by blood, marriage or adoption, or a group of not more than three persons not so related maintaining a common household in a dwelling unit. Domestic servants and gratuitous guests residing with a family shall be considered to be members of the family.
11. Farm: An area which is used for the growing of the usual farm products such as vegetables, fruit, trees, and grain, and their storage on the area, as well as for the raising thereon of the usual farm, poultry and farm animals only for the use of consumption of the person or persons operating the farm. The term “farming” includes the operation of such an area for one or more of the above uses, including the necessary accessory uses for treating or storing the produce, provided however, that the operation of any accessory uses shall be secondary to that of the normal farming activities, and provided further, that farming does not include the feeding of garbage or offal to swine or other animals.
12. Filling Station: Any building, structure, or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting. When such services are incidental to the conduct of a public garage, the use shall be classified as a public garage.
13. Floor Area: The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the center-line of walls separating buildings but not including cellar or basement space not used for business or commerce.
14. Garage, Private: An accessory building which is designed or used for the storage of not more than three motor-driven vehicles which are the property of and for the private use of the occupants of the lot on which the private garage is located. Not more than one of the vehicles may be a commercial vehicle of not more than three-ton capacity.
B. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general
welfare. It is not intended by this ordinance to interfere with or abrogate
or annul any easements, covenants, or other agreements between parties,
provided however, that where this ordinance imposes a greater restriction
upon the use of buildings or land, or upon height of builds, or requires a
larger open space or yard than is imposed or required by other ordinances,
rules, regulations, or by easements, covenants, or agreements between
parties, the provisions of this ordinance shall govern.
Section XVI. Violation
and Penalty.
A. Any person, firm or corporation who violates, disobeys omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance, shall, upon conviction, be fined not more than One Hundred Dollars ($100.00) for each offense. A separate offense shall be deemed committed on each day a violation occurs or continues.
B. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this ordinance, the Village of Cerro Gordo, in addition to other remedies, may institute any proper action or proceedings in the name of the Village of Cerro Gordo, Illinois to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct or abate such violation, to prevent the occupancy of the said building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises.
Section XVII. Validity. Should any section, provision, part or clause of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid.
Section XVIII. Conflicting Ordinances Repealed. Any ordinances or parts or ordinances in conflict herewith are hereby repealed.
Section XIX. Force and Effect. This ordinance shall be in full force and effect from and after its passage, approval, and due publication as provided by law.
Section XX. Printing in Pamphlet Form. The village Clerk shall certify to the passage and approval of this ordinance and shall cause it to be printed in pamphlet form and published by authority of the President and Board of Trustees of the Village of Cerro Gordo, Illinois.
PASSED
and APPROVED on
after proper notice and hearing according to law.
__________________________________________
PRESIDENT OF THE BOARD OF TRUSTEES
OF
THE VILLAGE OF
Attest:
_________________________
Village Clerk of the Village of