A.   All buildings erected hereafter, all uses of land or buildings established hereafter and all structural alterations or relocations of existing buildings occurring hereafter shall be subject to all regulations of this title where applicable to the zoning districts in which such buildings, uses or land shall be located.

   B.   However, where a building permit for a building or structure has been issued in accordance with law, prior to the effective date hereof, and provided that the construction is begun within six (6) months of such effective date and diligently prosecuted to completion (completion to be accomplished within 18 months of the adoption of this title), said building or structure may be completed in accordance with approved plans, on the basis of which the building permit has been issued, and further, may, upon completion and inspection, be occupied under a certificate of occupancy by the use for which it was originally designated, subject thereafter to the provisions of chapter 5, "Nonconforming Uses And Structures", of this title.

   C.   Where the zoning administrator has issued a permitted use permit, a special use permit or a permit for variation, pursuant to the provisions of this title, such permit shall become null and void unless work thereon is substantially underway within six (6) months of the date of the issuance of such permit by the zoning administrator and completed within eighteen (18) months of the issuance of such permit.

   D.   A special use permit shall be deemed to authorize only the particular use for which it was issued. Such permits shall automatically expire or cease to be of any force or effect if such use shall be discontinued for six (6) consecutive months or more, and a new special use permit must be obtained from the village according to the guidelines contained within this title. (Ord. 2001-08A, 4-2-2001)

All structures built hereafter shall comply with all of the regulations of this zoning ordinance. Any structure hereafter moved from one site to another shall be considered to be a structure built hereafter. Any structure rebuilt or restored after damage or destruction by fire or other casualty shall be considered to be a structure built hereafter. All enlargements of, or additions to, existing uses occurring hereafter shall comply with the regulations of this title. (Ord. 2001-08A, 4-2-2001)

Not more than one principal building shall be located on a single zoning lot, nor shall a principal building be located on the same zoning lot with any other principal building, unless such principal building is located in a planned development that has been approved pursuant to the provisions of this title. (Ord. 2001-08A, 4-2-2001)

No improved zoning lot shall hereafter be divided into two (2) or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located. (Ord. 2001-08A, 4-2-2001)

   A.   Use: No building, structure or land shall hereafter be used or occupied, and no building or part thereof, or other structure, shall be erected, raised, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located.

   B.   Building Bulk: All new buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the village of Broadview.

   C.   Yards: Whenever any ordinance or a covenant to which the village is a part stipulates a front yard or setback requirement along any street in any district which is greater than the front yard requirement of the zoning district in which it is located, then the greater requirement shall apply.

   TABLE 3-1

   BULK REGULATIONS

 

 

(Ord. 2001-08A, 4-2-2001; amd. Ord. 2007-10, 4-16-2007)

   A.   In All Yards:

      1.   Open terraces not over four feet (4') above the average level of the adjoining ground, and not closer than two feet (2') to the adjacent property line;

      2.   Awnings and canopies, but not projecting more than five feet (5'), and at least seven feet (7') above the average level of the adjoining ground;

      3.   Steps, four feet (4') or less above grade, which are necessary for access to a permitted building or for access to a zoning lot from a street or alley;

      4.   Chimneys projecting eighteen inches (18") or less into the yard;

      5.   Arbors or trellises (not exceeding 8 feet in height), flagpoles, fountains, sculptures, plant boxes, and other similar ornamental objects;

      6.   Open or lattice enclosed fire escapes, fireproof outside stairways, fire towers, and balconies projecting into a required front and rear yard by not more than ten feet (10'), and into a required side yard by not more than five feet (5');

      7.   Driveways and parking spaces as restricted in chapter 6 of this title;

      8.   Basketball backboards and/or hoops;

      9.   Fences and walls not exceeding six feet (6') in height in side and rear yards.

   B.   In Front Yards:

      1.   One-story bay windows projecting three feet (3') or less into the yards;

      2.   Overhanging eaves and gutters projecting three feet (3') or less into the yard;

      3.   Freestanding yard lights in front yards, providing that in residential districts such lights do not exceed seven feet six inches (7'6") in height, nor shall such light be permitted to increase the level of illumination at the side lot line more than one-half (1/2) foot-candle.

   C.   In Rear Yards:

      1.   Private garage, accessory shed, toolrooms and similar buildings for domestic storage;

      2.   Balconies, breezeways, and open porches;

      3.   One-story bay windows projecting three feet (3') or less into the yard;

      4.   Overhanging eaves and gutters projecting two feet (2') or less into the yard.

   D.   Side Yards:

      1.   Overhanging eaves and gutters projecting into the yard for a distance not exceeding forty percent (40%) of the required yard width, but in no case exceeding two feet (2'). (Ord. 2001-08A, 4-2-2001)

Except as otherwise provided for herein, every building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street unless a permanent easement of access to a public street was of record prior to the adoption of this title. (Ord. 2001-08A, 4-2-2001)

   A.   No accessory building, unless it is structurally a part of the principal building and unless it conforms with the requirements of accessory buildings for special uses, shall be erected or altered at, nor moved to, a location within ten feet (10') of the nearest wall of the principal building, nor within the required area for front or side yard on the lot as set forth for the district. In residence districts, an accessory building in a rear yard shall be not less than three feet (3') from any property line except where alleys exist.

   B.   No accessory building shall encroach upon that side yard of a corner lot which is adjacent to the street, nor upon that side yard of a reversed corner lot which is adjacent to the street, nor upon the rear yard of a through lot.

   C.   No accessory building shall have more than one story nor exceed fourteen feet (14') in height from the grade to the top peak, unless otherwise permitted as accessory to business and manufacturing uses or to authorized special uses. (Ord. 2004-14, 6-21-2004)

   D.   Temporary carports. (Ord. 2005-27, 11-7-2005)

   A.   General Provisions: Cargo containers shall be restricted as follows:

      1.   The placement of cargo containers on residentially zoned property (R-1 through R-3) shall be prohibited.

      2.   The placement of cargo containers on commercial and institutional districts (C-1, C-2, and I) shall be restricted to designated loading berth areas meeting the provisions of section 10-6-7 of this title. In no instance shall cargo containers be placed in front of the front wall of a principal building.

      3.   The placement of cargo containers within the office/industrial and manufacturing districts (O/I and M) shall be restricted to:

         a.   A concrete or asphalt surfaced area within the buildable area of the lot; or

         b.   Designated loading berth areas meeting the provisions enumerated in section 10-6-7 of this title.

In no instance shall cargo containers be placed in front of the front wall of a principal building.

   B.   Sites Under Construction: For properties in which there is an active building permit issued by the village for a multiple-family or nonresidential development, up to two (2) cargo containers may be placed on a property provided that they are placed within the buildable area of the lot. Cargo containers used for construction purposes must be immediately removed upon completion of the construction project.

   C.   Cargo Container Amortization Schedule: Any cargo container lawfully existing on July 1, 2004, which does not conform to the provisions of this title, shall be removed or made to conform within one year of the date of notification by the village that the cargo container no longer conforms with this code. Any cargo container lawfully existing on July 1, 2004, which does not conform to the provisions of this section may request a variance as outlined in section 10-7-3 of this title. (Ord. 2004-14, 6-21-2004)

In the event any word, phrase, clause, sentence, paragraph, provision, or section of this title or any portion thereof shall be held to be unconstitutional, unenforceable, or void, the same shall not affect the validity or enforceability of any remaining words, phrases, clauses, sentences, paragraphs, provisions, or sections thereof. (Ord. 2004-14, 6-21-2004)

Where any contradictory regulations, restrictions or requirements imposed by any provision of this title upon the use of land, building, structures or improvements are either more restrictive or less restrictive than restrictions or requirements imposed by any other provision of this title or any other law of any governmental body having jurisdiction over the subject matter thereof, those restrictions or requirements which are more restrictive shall govern. (Ord. 2004-14, 6-21-2004)

The comprehensive plan shall be advisory only and in and of itself shall not be construed or interpreted as regulating or controlling the use of any private property and it is not the intent of the village that owners of private property should rely on recommendations in the comprehensive plan being translated into presently effective regulations. The decision as to whether and when particular elements of the comprehensive plan will be implemented in regulatory ordinances is reserved for the village board. (Ord. 2004-14, 6-21-2004)