For the purposes of this ordinance, all land within the Village of Burnham is hereby divided into the following districts (listed in order from the most highly restricted class to the least highly restricted class):

A district - residential

B district - forest preserve

C district - commercial

D district - industrial district and manufacturing district

The boundaries of such districts are hereby established as shown upon the district map of the Village of Burnham, which map is hereto attached and made a part of this ordinance.

Except as hereinafter provided:

(1)

No building shall be erected or altered nor shall any building or premises be used for any purpose other than that permitted in the district in which such building or premises is located.

(2)

No building shall be erected or altered to exceed in height the limit herein established for the district in which such building is located.

(3)

No building shall be erected nor shall any existing building be altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner, except in conformity with the area regulations hereby established for the district in which such building is located.

A District - Residential

Use

In any A district, except as hereinafter provided, no building or premises shall be used and no building shall be hereafter erected or altered except for the following uses:

1.

Single-family dwelling house.

2.

Single-family story and half house.

3.

Duplex house for two families.

4.

Apartment house for two or more families.

5.

Libraries (public) and public museums.

6.

Public schools and colleges.

7.

Public parks and necessary public recreation buildings.

8.

Churches and temples.

9.

Police and fire department stations and usual accessory building.

10.

Multiple-family condominium or townhouse dwellings for two or more families.

11.

Planned developments, as provided in this ordinance.

Height

No building hereafter erected or altered [in the A district] shall exceed 35 feet in height except that public buildings, churches, or schools may be erected to a height not exceeding 45 feet, provided [that] they are set back from each property line at least one foot for each foot of additional building height above the limit for the district in which it is located.

Area

Front yard. There shall be a front yard of not less than 20 feet [in the A district], providing that:

(1)

Where a uniform setback has been established or observed on one side of a street between two intersecting streets at the time of the passage of this ordinance, no building erected or structurally altered shall project beyond such setback line.

(2)

Where 30 percent or more of all property, according to the front feet, abutting upon one side of a street between two intersections is build [built] up with buildings having an average setback line of more or less than 30 feet from the street line, no buildings hereafter erected or structurally altered shall project beyond the average setback line so established.

Rear yard. There shall be a rear yard [in the A district] having a depth of not less than 15 percent of the depth of the lot, provided [that] such rear yard be not less than 20 feet and need not exceed 25 feet in depth.

Side yard. There shall be a side yard [in the A district] on each side of the building having a width of not less than five feet except in cases of exception which are described under [the] description [of] side yard where the foregoing requirement may be reduced to [a] minimum width of three feet.

Intensity of use of lot. No building with its accessory buildings in district A shall occupy in excess of 35 percent of the area of an interior lot, and not in excess of 45 percent of the area of a corner lot, and that no dwelling shall hereafter be erected or altered upon any such lot or parcel of land as aforesaid, which has a street frontage of less than 40 feet; except that a single-family dwelling may be erected on any lot having an area of less than one-sixth of an acre, provided that the plat of subdivision of such lot shall have been fully recorded in the office of the recorder of deeds or the registrar of titles of Cook County, Illinois, prior to the passage of this ordinance.

Setback. There shall be a setback of not less than 20 feet [in the A district], except that in a block where one or more buildings have been already erected, the setback of such building or buildings shall be considered the setback for the block, provided that on corner lots buildings shall be erected in such manner as to observe the established setback on both streets; provided, however, [that] for the lots of separate ownership recorded in the office of the recorder of deeds or the registrar of titles of Cook County, Illinois, at the date of the passage of this ordinance having a width of less than 50 feet, the requirement for the setback on the side of a house may be modified but shall as nearly as possible conform to the established setback on that street or to that specified in this ordinance. Where accessory buildings are on through lots, the setback provisions of each street shall be observed.

B District - Forest Preserve

Use

No building or premises shall be used and no building shall be hereafter erected or altered within the said B forest preserve district unless otherwise provided in this ordinance, except for the following uses:

1.

Forest preserve district.

2.

Public parks and necessary public recreation buildings.

C District - Commercial

No building or premises shall be used and no building shall hereafter be erected or altered within any C district, unless otherwise provided in this ordinance, except for a necessary use to which any one of the places or establishments permitted in an A district may be put, or for any one of the following purposes:

1.

Apartment.

2.

Amusement place.

3.

Auction room.

4.

Automobile filling station.

5.

Automobile dealer establishment.

6.

Bakery employing not more than ten persons.

7.

Bank.

8.

Barbershop.

9.

Battery service station.

10.

Boarding[house] and lodginghouse.

11.

Bowling alley and pool room.

12.

Business or commercial school or college.

13.

Catering establishment.

14.

Conservatory.

15.

Dancing academy.

16.

Carpentry shop and small mill.

17.

Convenience station.

18.

Dressmaking establishment.

19.

Dyeing and cleaning works employing less than five persons.

20.

Electric repair shop.

21.

Grocery and market.

22.

Employment agency.

23.

Hospital for other than contagious diseases.

24.

Institution of an educational philanthropic or eleemosynary nature.

25.

Laundry employing not more than five persons.

26.

Laboratory.

27.

Locksmith.

28.

Lodge hall.

29.

Messenger or telegraph service station.

30.

Millinery.

31.

Nursery and greenhouse.

32.

Office.

33.

Painting and decorator's shop.

34.

Photographer's gallery.

35.

Plumbing shop.

36.

Post office.

37.

Printing shop.

38.

Private club (not used for hotel purposes.)

39.

Public garage.

40.

Recreation building and structure.

41.

Restaurant.

42.

Sales or showroom.

43.

Roofing or plastering shop.

44.

Sharpening or grinding shop.

45.

Store or shop for the conduct of retail business.

46.

Storage business.

47.

Shoe repair shop.

48.

Studio parlor.

49.

Tailor shop.

50.

Telephone exchange.

51.

Tire repairing shop.

52.

Undertaking establishment.

53.

Upholstering shop.

54.

Tavern and liquor store.

55.

Taxi service.

56.

Waterway business, boat garage, marine motor sales and repair shop, boat storage, boat building and repair.

57.

Wholesale establishment.

58.

Planned developments, as provided in this ordinance.

Height

No building hereafter erected [in the C district] shall exceed 35 feet in height or three stories.

Area

Rear yard. There shall be a rear yard [in the C district] of not less than ten percent of the depth of the lot; provided, however, [that] such rear yard need not exceed ten feet in depth.

Side yard. A side yard, if provided [in the C district], shall not be less than three feet wide.

Outer court. An outer court [in the C district] shall not be less than two inches wide for each foot of length of such court from the closed end.

Inner court. An inner court [in the C district] shall not be less than six feet wide nor shall its area be less than 72 square feet.

Intensity of use of lot. No building or portion of a building to be used for commercial purposes [in the C district] shall occupy in excess of 90 percent of the area of the lot upon which it is situated.

Any floor or any building erected in a C district may be partially or wholly for residential purposes, provided that any building containing a floor so used shall occupy not more than 60 percent of the area of an interior lot, or not more than 70 percent of a corner lot.

No building or part of building [in the C district] shall be arranged, designed, intended, or used to accommodate more than 36 families on any acre of land or more than a proportional number of families on any fractional part of an acre of land.

D District - Industrial District and Manufacturing District

Use

In any D district, all buildings, structures and premises may be used for any purposes whatsoever, except the following:

1.

Stockyards or slaughterhouses.

2.

Commercial reduction of garbage, sewage, dead animals, offal or refuse, except for municipal purposes of this village.

3.

Chemical plants emitting corrosive or toxic fumes which are carried beyond the limits of the premises.

Height

Buildings and structures [in the D district] used or to be used exclusively for the purposes permissible in either the A district - residential, or the C district - commercial, shall conform to the height limitations of the C district. Buildings and structures used or to be used in whole or in part for any other purpose shall not be limited as to height.

Area

Buildings, structures and premises [in the D district] used or to be used exclusively for purposes permissible in either the A district - residential, or the C district - commercial, shall conform to the area requirements of the C district. Buildings, structures and premises used or to be used, in whole or in part, for any other purpose shall not be subject to any limitation, restriction, or requirement with respect to setbacks, front, rear or side yards, width or area of courts or intensity of use and there shall be no limit to the number of buildings and other structures that may be erected or used on such premises.

Manufacturing District

The manufacturing district shall include such storage and manufacturing use as do not injuriously affect the occupants of adjacent uses and are so operated that they do not omit [emit] dust, gas, smoke, noise, fumes, odors, or vibrations of a disagreeable or annoying nature.

(Ord. of 7-14-1954, § 3; Ord. No. 80-O-009, § 1.B, 8-23-1980)

State Law reference— Authority to classify, regulate and prescribe location of uses, 65 ILCS 5/11-13-1.