These regulations shall hereafter be referred
to as the "Official Zoning Code of the Village of Harristown." The
map attached to this Code shall hereafter be referred to as the "Official
Zoning Map of Harristown," and shall be considered an inseparable
part of this Code.
This Code is drawn in accordance with those
regulations set forth in Division 13 of the Illinois Municipal Code,
contained within the Illinois Compiled Statutes, Chapter 65, Sec.
5/11-13-1; further these regulations are based upon a Comprehensive
Land Use Plan drawn for the Village of Harristown and surrounding
areas which was adopted by the Village Board on the 23rd day of April
1979.
Specifically this Code is designed to further
the objectives of the Village plan; to prevent or lessen pollution
of the air and water resources of the community; to promote the public
health, safety, morals, comforts and general welfare; to lessen or
avoid congestion in the public streets and highways; to avoid hazards
resulting from accumulation or runoff of storm and flood waters; conserve
and enhance the taxable value of the land and buildings; to prevent
overcrowding of land or buildings; to provide proper relationships
between uses and public utility; and to otherwise insure the orderly
growth of the community.
This Code defines and limits the powers and
duties of the Administrative Officer, bodies, and corporate authorities
to the following functions:
(A) To divide the Village into districts regulating and
restricting therein the location, construction, reconstruction or
major alteration of any building or structure; and to regulate the
type and intensity of land use by adoption and enforcement of the
Official Zoning Map of the Village of Harristown.
(B) To change the district classification applied to any
parcel of land after proper legal notice and public meeting as prescribed
in this Code and the Illinois Compiled Statutes.
(C) To adopt or amend sections to be added to this Code
after proper legal notice and public hearings as prescribed in this
Code and the Illinois Compiled Statutes.
(D) To grant relief or variance to the strict interpretations of this Code, but only as provided for in Article
VI of this Code.
(E) To permit the granting of special permits to establish uses of land or structures as designated as allowable special uses in the zone regulations, or for new or unusual uses which are not specified in any zone, but only as provided for in Section
40-5-1 of this Code.
(F) To permit the granting of special planned unit developments, but only as provided for in Section
40-5-3 of this Code.
(G) To provide for the gradual elimination or to extend the life of nonconforming uses as provided for in Article
VII of this Code.
(H) To impose building setbacks greater than those contained in district regulations along major highways or surface water drainageways, but only as shown on the official setback map as provided for in Section
40-4-4(B) of this Code.
(I) To take any necessary legal action against any person
or organization which violates provisions of this Code, including,
but not limited to, seeking injunctive relief to restrain activities
or constructions in violation of this Code, or to remove or demolish
buildings or structures in violation of this Code, and fines for violations.
It is hereby declared to be the intention of
the Village Board of Harristown, that the several provisions of this
Code are separable in accordance with the following:
(A) If any court of competent jurisdiction shall adjudge
any provision of this Code to be invalid, such judgment shall not
affect any other provisions of this Code not specifically included
in said judgment.
(B) If any court of competent jurisdiction shall adjudge
invalid the application of any provision of this Code to a particular
property, building, or other structure, such judgment shall not affect
the application of said provision to any other property, building,
or structure not specifically included in said judgment.
In case of 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 Code,
the proper authorities of the Village, or any person the value of
use of whose property is or may be affected by such violation, in
addition to other remedies, may institute any appropriate action or
proceedings in equity 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 said building, structure, or land or to prevent any illegal act,
conduct, business, or use in or about such premises.
The violation of the terms of this Code shall
be punishable by a fine not exceeding $200 or imprisonment not exceeding
six months, or both, in the discretion of the court, for each offense,
and each and every day a violation continues to exist shall constitute
a separate offense.
This Code is urgently needed for the immediate
preservation of the public health and safety and it shall therefore
go into effect 10 days after its passage and publication. The Village
Clerk is hereby authorized and directed to publish this Code in book
form.