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Buffalo Grove City Zoning Code

CHAPTER 17

20 - GENERAL PROVISIONS

17.20.010 - Scope of regulations.

No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located.

17.20.020 - Permits.

No application for a building permit or other permit or license, or for a certificate of occupancy, shall be approved by the Zoning Administrator and no permit or license shall be issued by any other Village department which would authorize the use or change in use of any building or land contrary to the provisions of this Title, or the erection, moving, alteration, enlargement or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this Title.

17.20.030 - Building height, bulk and lot coverage.

The district regulations hereinafter set forth in this Chapter qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Title.

A.

Chimneys, elevator bulkheads, fire towers, monuments, stacks, stage towers, scenery lofts, tanks, water towers, ornamental towers and spires, church steeples or necessary mechanical appurtenances may exceed the height limitations of the zoning district in which they are located.

B.

Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings, structures and uses in a rear yard, and except for the ordinary projections of sills, belt courses, cornices and ornamental features projecting not to exceed twelve inches.

C.

Fences may be constructed in accordance with the ordinance or ordinances of the Village of Buffalo Grove regulating fences.

D.

Open or lattice-enclosed fire escape, fireproof outside stairways and balconies opening upon fire towers, projecting into a rear yard not more than five feet, may be permitted.

E.

The projections of chimneys may be permitted to extend into a required yard not to exceed thirty inches.

F.

No building exceeding two and one-half stories or thirty-five feet, whichever is less, shall be erected within seven hundred fifty feet of any airport or landing field.

G.

No space allocated to a building or dwelling group for the purpose of complying with the side, rear or front yard or court or other open space or lot area requirements of this Title shall thereafter, by reason of change in ownership or for any other reason, be used to satisfy the yard, court, open space or lot area requirements of any other building or dwelling group.

H.

An open terrace, but not including a roofed-over porch or terrace, may occupy a front yard provided the unoccupied portion of the front yard has a depth of not less than fifteen feet. A one-story bay window may project into a front and rear yard not more than three feet. Overhanging eaves, including gutters, may project over the minimum required side yard not more than two feet.

I.

The following are permitted obstructions in all zoning districts with the limitation that in residential districts, structural coverage is limited to twenty percent of the yard area and in nonresidential districts structural coverage is limited to thirty percent of the yard area:

1.

Open terraces (side and rear yard, but no closer than five feet from any lot line and in no case shall it be located on any easement);

2.

Awnings;

3.

Arbors and trellises (not to exceed five feet in height);

4.

Open porches (rear yards only, but no closer than five feet from any lot line and in no case shall it be located on any easement);

5.

Central air conditioning units:

a.

New central air conditioning units shall be located in the interior side or rear yards only. In no case shall the unit be located on any easement.

b.

Replacement central air conditioning units may be permitted in the same location as the previous central air conditioning unit. The replacement central air conditioning unit shall not encroach further into the required yard than the previous central air conditioning unit and in no case shall the unit be located on any easement.

(Ord. No. 2017-003, § 2, 2-27-2017)

17.20.040 - Lot area and dimensions.

A.

When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the zoning district in which they are located, are contiguous and are held in one ownership, they may be used as one zoning lot for such use. No parcels combined for said purpose may be separated in such a manner as to render any structure nonconforming.

B.

Any single lot or parcel of land, held in one ownership which was of record at the time of adoption of this Title, that does not meet the requirements for minimum lot width and area may be utilized for a permitted use, provided that yards, courts or useable open space are not less than the minimum required dimensions or areas.

17.20.050 - Location of buildings.

Except as otherwise provided for in this Title, every building shall be constructed or erected upon a lot or parcel of land which abuts upon a street or permanent easement of access to a public street, which easement shall have a minimum width of thirty-three feet, unless an easement of lesser width was of record prior to the adoption of this Title.

17.20.060 - Buildings under construction.

Nothing in this Title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this Title and upon which building construction has been diligently carried on.

17.20.070 - Buildings on a zoning lot.

Only one principal structure, along with permitted accessory buildings, structures and uses shall be constructed upon a single subdivided lot or an unsubdivided parcel of land except as provided elsewhere in this Title.

17.20.080 - Rezoning of public and semi-public areas.

An area indicated on the zoning map as a public park, recreation area, public school site, cemetery or other similar open space shall not be used for any other purpose than that designated, unless in compliance with this Title.

17.20.090 - Grade relationship of dwellings.

The top of the foundation wall of residential structures shall be not less than eighteen inches above the grade of the street.

17.20.100 - Agricultural exemptions.

The provisions of this Title shall not be exercised so as to impose regulations or require permits with respect to land used or to be used for agricultural purposes; or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings or structures used or to be used for agricultural purposes upon such land, except that such building or structures for agricultural purposes may be required to conform to building or setback lines. In the event that the land ceases to be used solely for agricultural purposes, then and only then shall the provisions of this Title apply.

17.20.110 - Sign regulations.

Signs are subject to the provisions of the Village Sign Code (Title 14 of the Buffalo Grove Municipal Code) except as set forth in this Title 17.

(Ord. No. 2013-8, § 2, 2-4-2013)

17.20.120 - Prohibition against negative use restrictions.

A.

Scope of Prohibition Against Negative Use Restrictions. Any private agreement, deed restriction, lease, restrictive covenant, restriction or any other instrument that purports to impose recorded negative use restrictions upon real property in the Village so as to prohibit or have the economic or practical effect of prohibiting the use of such real property as follows:

1.

For grocery store or drug store purposes; and

2.

After a grocery store or drug store owner or operator of a store has terminated operations at the site, when such uses are otherwise be permitted, including as a special use, under the zoning ordinance; and

3.

Which negative use restriction has a term of more than one year; and

4.

The grocery store or drug store has an excess of seven thousand five hundred square feet of floor space.

Shall be against public policy, shall be void and unenforceable, and shall be subject to the Village's remedial and enforcement powers under the zoning ordinance and the laws of the State of Illinois. Furthermore, a current owner of a site, that is subject to such negative use restrictions, has the right to enforce this provision by seeking an injunction or other remedy from the circuit court.

B.

Exceptions. The foregoing prohibition shall not apply to an owner or operator of a grocery store or drug store which terminates operations at a site for purposes of relocating such operations into a comparable or larger store located within the Village and within one-half mile of the site where operations have terminated, provided such relocation and the commencement of operations at the new site occurs within two years and the negative use restriction imposed does not have a term in excess of three years.

(Ord. No. 2015-34, § 3, 5-18-2015)