Bartlett City Zoning Code
CHAPTER 1
BARTLETT ZONING CODE
10-1-1: TITLE:
This title shall be known, cited and referred to as the BARTLETT ZONING ORDINANCE.
(Ord. 2011-70, 10-18-2011)
10-1-2: PURPOSE AND INTENT:
A. This title is adopted for the following purposes:
1. To promote and protect the public health, safety, morals, comfort, convenience, and the general welfare of the people;
2. To zone all properties in such a manner as to reflect their best use and to conserve and enhance their value;
3. To ensure that high quality standards of light, air, and open space are maintained in areas where people live and work;
4. To prevent overcrowding of land with buildings and thereby ensure maximum living and working conditions and prevent blight and slums;
5. To implement the goals and objectives of the Bartlett comprehensive plan;
6. To set reasonable zoning standards to which buildings or structures shall conform;
7. To isolate or control the location of unavoidable nuisance producing uses;
8. To foster a rational pattern of relationships among residential, commercial, and industrial uses for the benefit of all;
9. To lessen or avoid the hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters; and
10. To provide protection against fire, explosion, noxious fumes, and other hazards, in the interest of the public health, safety, comfort, and the general welfare.
B. To achieve these purposes, this title sets forth regulations and standards to:
1. Divide the entire village of Bartlett into districts and restricting and regulating therein the location, construction, reconstruction, alteration and use of building structures and land, whether for residential, commercial, industrial or other specified use;
2. Control and regulate density by limiting the development of land to a degree consistent with the ability of the village to furnish adequate public services and utilities;
3. Prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereinafter;
4. Provide for the elimination of nonconforming uses of land, buildings and structures which are incompatible and adversely affecting the character and value of desirable development in each zoning district;
5. Protect residential, commercial, and industrial areas alike from harmful encroachment by incompatible uses and to ensure that land allocated to a class of uses shall not be usurped by other inappropriate uses;
6. Provide convenient access to properties;
7. Relieve street congestion through adequate requirements for off street parking and loading facilities;
8. Encourage the preservation and enhancement of natural resources, aesthetic amenities, and natural features;
9. Encourage the use of alternative, sustainable or renewable energy sources;
10. Define the powers and duties of the administrative officers and bodies, as provided hereinafter; and
11. Prescribe penalties for the violations of the provisions of this title, or of any amendment thereto.
(Ord. 2011-70, 10-18-2011)
10-1-3: INTERPRETATION:
The provisions of this title shall be interpreted to promote the public health, safety, morals and welfare of the village of Bartlett.
A. Conflicting Laws: Where conditions imposed by any provisions of this title upon the use of land or buildings or upon bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this title or of any other law, ordinance, resolution, rule or other governmental regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern. All prior ordinances and resolutions in conflict or inconsistent herewith are hereby expressly repealed only to the extent of such conflict or inconsistency.
B. Existing Agreements: This title shall not abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this title shall govern.
C. Existing Violations: No building, structure or use which was not lawfully existing at the time of the adoption of this title shall become or be made lawful solely by reason of the adoption of this title; and to the extent that said building, structure or use is in conflict with the requirements of this title, said building, structure, or use remains unlawful hereunder.
D. Permit: Nothing contained in the Bartlett zoning ordinance shall be deemed to be a consent, license or permit to use any property or to locate, construct, or maintain any building, structure, or facility or to carry on any trade, industry, occupation, or activity.
E. Cumulative Regulations: The provisions in the Bartlett zoning ordinance are cumulative. Additional restrictions heretofore passed or which may be passed hereafter by the village board, governing any subject matter in the Bartlett zoning ordinance shall also apply.
F. Interpretation Of Uses: The village board, upon recommendation of the Planning and Zoning Commission, shall have the right to permit without formal amendment any other use not specifically listed as a permitted use in a particular district, provided that the proposed use is similar to and compatible with those uses permitted in the district in question, and which is consistent with the purposes of this title. Such determination shall be made following the same procedure as those required for a special use permit. A record shall be kept by the zoning administrator of each additional use allowed and added to the permitted use list.
G. Headings And Illustrations: Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this title. In case of any difference of meaning or implication between the text of this title and any heading, drawing, table, figure, photograph, or illustration, the text controls.
H. Lists And Examples: Unless otherwise expressly indicated, lists of items or examples that use "including", "such as", or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities. (Ord. 2011-70, 10-18-2011; amd. Ord. 2022-17, 3-15-2022)
10-1-4: SEVERABILITY:
It is hereby declared to be the intention of the village that the various provisions of this title are severable; and that:
A. Ordinance Provisions: If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provisions of this title not specifically included in said judgment.
B. Property Application: If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title 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.
(Ord. 2011-70, 10-18-2011)
10-1-5: SCOPE OF REGULATIONS:
It is hereby declared that the provisions of this title shall apply to all properties as hereinafter specifically provided:
A. New Uses: All new uses lawfully established on or after the effective date of this title shall conform to the regulations of this title for the zoning district in which such use is located.
B. Existing Uses: Uses lawfully established and existing on the effective date of this title, rendered nonconforming by the provisions herein shall be subject to the regulations of chapter 9 of this title. Except as may otherwise be provided, all structural alterations or relocation of existing buildings occurring hereafter, and all additions to existing uses occurring hereafter shall be subject to all regulations herein which are applicable to the zoning districts in which such buildings, uses or land shall be located.
C. New Buildings, Structures And Lots: All new buildings, structures or lots shall conform to the bulk regulations established herein for the district in which each building, structure or lot is located.
D. Existing Buildings, Structures And Lots: Buildings, structures and lots that lawfully existed on the effective date of this title, rendered nonconforming by the provisions herein shall be subject to the regulations of chapter 9 of this title. Except as may otherwise be provided, all structural alterations or relocation of existing buildings occurring hereafter, and all additions to existing buildings or structures occurring hereafter shall be subject to all regulations herein which are applicable to the zoning districts in which such buildings, structures or lots shall be located.
E. Previously Issued Building Permits: Buildings or structures that have been lawfully issued a building permit prior to the effective date of this title, and provided that construction is begun within six (6) months of such effective date and diligently pursued to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of occupancy by the use for which originally designated subject thereafter to the provisions of this title. This section shall also control future buildings that are lawfully issued building permits prior to adopted future amendments to this title.
F. Special Uses: Where a structure and use thereof lawfully exists on the effective date of this title and is classified by this title as a special use in the district where it is located, such use shall be considered a lawful special use. A special use permit issued in accordance with procedures herein set forth shall be required only for any expansion or major alteration of such existing legal special use. Where a use is not allowed as a special or permitted use in the district in which it is zoned under this title, and exists as a special use under the terms of the zoning ordinance in effect immediately prior to the date of the adoption of this title, it shall be considered to be a nonconforming use and shall be subject to the applicable nonconforming use provision outlined in chapter 9 of this title. If the special use ceases for a period of more than one year, the special use permit shall be void and the special use cannot again be started.
G. Planned Unit Developments: Where special uses for planned unit developments (PUDs) were granted by the village board prior to the effective date of this title, such special use shall remain in full force and effect. All property that remains subject to a previously granted special use for PUD may be developed and maintained in accordance with the approved plans and ordinance granting and/or amending the special use for a PUD.
H. Uses With No Buildings: Where a lot is to be occupied for a permitted or special use without buildings, the yard, landscaping and fencing requirements for such lot shall be provided and maintained unless otherwise stipulated in this title.
I. Variations: All variations granted by the village board prior to the effective date of this title shall remain in full force and effect, subject to the provisions of chapter 11 of this title.
(Ord. 2011-70, 10-18-2011)
10-1-6: GENERAL BULK REGULATIONS:
All new buildings, additions, and structures shall conform to the bulk regulations established herein for the district in which each building shall be located as specified in this title.
(Ord. 2011-70, 10-18-2011)
10-1-7: LOTS:
A. Lots Of Record: In any residential district, on a lot of record on the effective date of this title, a single-family dwelling may be established regardless of the area of the lot, provided that the requirements of this title pertaining to yards, water and sewer, floodplains and stormwater detention are met. All other requirements of this title shall also be complied with.
B. Division Of Zoning Lots: No zoning lot shall hereafter be divided into two (2) or more zoning lots unless each improved zoning lot resulting from such division shall conform with all applicable bulk regulations of the zoning district in which the property is located. If a lot is built upon under one building permit, and then divided for selling purposes, it can only be so divided if each saleable lot is platted as a lot of record and conforms to the Bartlett subdivision and PUD ordinance.
C. Corner Lots: On a corner lot, the front lot line shall be the lot line having the shorter dimension along the street line.
D. Reverse Corner Lots: On a reverse corner lot, the front lot line shall be the lot line having the shorter dimension along the street line. Residential buildings located on reverse corner lots shall be oriented to face the primary street as determined by the zoning administrator or the orientation of existing buildings within the established block face.
E. Corner Lots - Vision Clearance Triangle: On corner lots no structures or plant materials shall obstruct the "vision clearance triangle" as defined in chapter 2 of this title.
F. Through Lots: For through lots the required yards adjacent to public streets shall be equal to the required front yard for the zoning district the lot is located in. Residential buildings located on through lots shall be oriented to face the primary street as determined by the zoning administrator or the orientation of existing buildings within the established block face.
G. Number Of Structures On A Zoning Lot: Not more than one principal structure shall be located on a zoning lot, except in the case of planned unit developments and special uses that may be approved by the village board.
H. Lot Access To Public Streets: Except as otherwise provided for herein, every lot or tract of land shall abut a public street or a permanent easement of access to a public street.
(Ord. 2011-70, 10-18-2011)
10-1-8: YARDS:
A. Yards, General:
1. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located.
2. No legally required yards, other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space, or minimum lot area requirements for any other building.
B. Location Of Required Open Space: All yards and other open spaces allocated to a building or buildings shall be located on the same zoning lot as such building or buildings.
C. Yards, Required:
1. Obstructions Prohibited: All required yards shall be unobstructed from ground level to the sky except as otherwise permitted in this title.
2. Accessory Buildings: All accessory buildings which are attached to principal buildings shall comply with the yard requirements of the principal buildings.
3. Street Widenings:
a. Existing Structures: For existing lots with lawfully constructed structures, the required yard adjoining a street may be reduced below the required minimum to provide right of way for a street widening. Such reduction in the required yard shall not create a nonconforming structure.
b. Construction And Alterations: Notwithstanding any other provision of this title, no building or structure shall be erected, constructed, structurally altered or enlarged closer to the centerline of an existing or proposed street than provided for by the minimum required yard plus one-half (1/2) the established right of way width designated by the Bartlett official zoning map or comprehensive plan's thoroughfare plan. The minimum required yards on lots abutting a street or thoroughfare shall be the distance required for a front yard, or side yard adjoining a street, in all districts where such lots are located, measured from the existing right of way line of the street or thoroughfare, or from the proposed right of way line as duly established by other ordinances or as established by county or state highway authorities, whichever has the greater
right of way width requirements.
(Ord. 2011-70, 10-18-2011)
10-1-9: COMPREHENSIVE VILLAGE PLAN:
The official comprehensive plan, West Bartlett Road corridor plan and the official future land use plan map adopted May 16, 1978, amended 9-5-1995, 11-4-1997, 3-17-1998, 8-20-2002, 12-21-2004 and 4-17-2007 (and any subsequent officially adopted amendments), is by this reference expressly made a part hereof.
(Ord. 2011-70, 10-18-2011)
10-1-10: FLOODPLAIN REGULATIONS:
All development of land within the village or its planning jurisdictional area shall be subject to the floodplain regulations established in section 11-8-1 of the Bartlett subdivision and PUD ordinance and title 9, chapter 24 of the Bartlett municipal code.
(Ord. 2011-70, 10-18-2011)
10-1-11: PUBLIC UTILITY EXEMPTIONS:
The alteration, or maintenance by the village or utility companies of overhead utility lines and poles and underground gas, electrical, steam or water, distribution or transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, traffic signals and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or the village or for the public health, safety or general welfare, shall be exempt from the regulations of this title. However, the installation shall conform to federal communications commission and federal aviation administration rules and regulations, and those of other authorities having jurisdiction. Any other aboveground utilities are subject to all of the applicable provisions of this title. (Ord. 2011-70, 10-18-2011)
10-1-12: MISCELLANEOUS:
A. Village Corporate Limits: Corporate limits of the village for the purpose of this title shall be those which are a matter of record in the offices of the Cook County, DuPage County or Kane County recorders.
B. Zoning Of Annexed Land: All land annexed to the village shall be zoned upon annexation as ER-1 estate residence until otherwise rezoned by an ordinance approved by the village board.
C. Building Permits: A building permit shall be required for any structure or building prior to its construction, repair, expansion, replacement, movement or alteration and in nonresidential districts, when a change in ownership or occupancy has occurred.
D. Stormwater Management, Erosion Control And Wetland Protection: All land within the corporate limits of the village of Bartlett shall comply with all applicable stormwater management ordinances in effect and adopted by the village of Bartlett as may be amended from time to time.
(Ord. 2011-70, 10-18-2011)
10-1-13: VIOLATIONS, PENALTY:
A. Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this title shall upon conviction be fined not less than five hundred dollars ($500.00) for each offense.
B. Each day that a violation is permitted to exist after notification thereof shall constitute a separate offense.
(Ord. 2011-70, 10-18-2011)