3-1.1.

Minimum requirements. The provisions of this Ordinance shall establish the minimum requirements for the promotion of the public health, safety, morals, and welfare. Said requirements shall be met prior to commencing all uses of land, buildings, and/or structure, or portions thereof, in any zoning district established, and governed by the provisions of this Ordinance.

All permits and/or licenses specified by the provisions of this Ordinance, and other applicable laws, codes, and/or regulations, shall be obtained prior to commencing a use on any zoning lot.

No provision of this Ordinance shall be deemed as a consent, license, and/or permit to use any property, or to locate, construct, or maintain buildings, structures, facilities, and/or portions thereof, or to carry on a specific trade, industry, occupation, and/or activity.

3-1.2.

Relationship with other laws. The provisions of this ordinance shall be cumulative, and considered as additional limitations upon other applicable laws, codes, and/or regulations in effect, governing all subject matter herein.

Where conditions imposed by the provisions of this Ordinance, upon a zoning lot, buildings, and/or structures, or portions thereof, vary in the degree of regulation imposed, either from other provisions specified herein, or provisions of other laws, codes, and/or regulations, the more restrictive provision, or that which imposes a higher standard or requirement, shall take precedence.

3-1.3.

Existing agreements and violations. The provisions of this Ordinance are not intended to abrogate easements, covenants, or other private agreements, and where the minimum requirements established by this Ordinance are more restrictive, or impose higher standards than said easements, covenants, or other private agreements, the minimum requirements established by this Ordinance shall take precedence.

As of the effective date of this Ordinance, unlawful uses, buildings, and/or structures, or portions thereof, shall remain unlawful hereafter, to the extent and manner said uses, buildings, and/or structures, or portions thereof, shall be in conflict with provisions of this Ordinance.

3-1.4.

Uses not specifically permitted. Uses, other than those uses specified as permitted, in the appropriate sections of this Ordinance shall be expressly prohibited, except when it is determined by the city planner that a proposed use is similar in nature to a use specified as a conditional use in the appropriate sections of this Ordinance; such unspecified use will be considered under the special use procedures in the district in which it is proposed to be located.

3-1.5.

Administration. For the purposes of this Ordinance, the City Planner shall serve as the zoning officer of this Ordinance, and shall interpret the provisions of this Ordinance, as specified herein.

Where disputes arise over the final administrative decisions and/or interpretation of the provisions of this Ordinance, the owner(s) of record of the subject zoning lot may appeal such decision and/or interpretation to the zoning board of appeals, in accordance with the provisions of chapter 13, Administration, of this Ordinance.

3-1.6.

Enforcement. For the purposes of this Ordinance, the Code Enforcement Director shall serve as the enforcement officer of this Ordinance, and shall interpret the provisions of this Ordinance, as specified herein.

Where disputes arise over the final administrative decisions and/or interpretation of the provisions of this Ordinance, the owner(s) of record of the subject zoning lot may appeal such decision and/or interpretation to the zoning board of appeals, in accordance with the provisions of chapter 13, Administration, of this Ordinance.

3-1.7.

Separability and validity. If any chapter, section, subsection, clause, sentence, and/or other provision of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, said judgement shall not affect, impair, invalidate, and/or nullify the remaining provisions of this Ordinance.

The effect of said judgement and/or decree thereof, shall be confined to said chapter, section, subsection, clause, sentence, and/or provision immediately involved in the controversy in which said judgement and/or decree shall be rendered.

(Ord. No. 2018-6, § 3(Exh. A), 2-21-18)

The provisions of this Ordinance shall apply to all zoning lots, uses, buildings, and/or structures, or portions thereof, as specified herein.

3-2.1.

Changes in structures or use. Except as may otherwise be provided in chapter 12, Nonconforming buildings, structures and uses, of this Ordinance, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations which are applicable to the zoning districts in which such buildings, uses or land shall be located.

3-2.2.

Nonconforming buildings, structures and uses. Any lawfully established building, structure or use, existing at the time of enactment of a zoning ordinance, may be continued, even though such building, structure or use does not conform to the provisions for the district in which it is located, and whenever a district is changed thereafter, the then existing lawful use may be continued, subject to the provisions of chapter 12, Nonconforming buildings, structures and uses, of this Ordinance.

3-2.3.

Building permits. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of the zoning ordinance, and provided that construction is begun within 90 days of such effective date and diligently prosecuted 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 chapter 12, Nonconforming buildings, structures and uses, of this Ordinance.

3-2.4.

Conditional uses. A classification of conditional uses is hereby established, in order to provide for and regulate the location of certain uses, as specified by the provisions of this Ordinance, commonly referred to as special uses.

Conditional uses shall be those uses determined to possess unique characteristics, of an otherwise generally acceptable form of development and/or use, within a given category of zoning district, whose impact on nearby zoning lots and/or uses, or upon the character and future development of the zoning district in which they are located, may require additional regulations, controls, and/or conditions, in order to accommodate the purpose and intent of this Ordinance. Procedures for regulating conditional uses are set forth in chapter 13, Administration, of this Ordinance.

3-2.5.

Use of zoning lots, buildings and/or structures. Any lawfully existing use of zoning lots, buildings, and/or structures, or portions thereof, which does not fully conform to the provisions of this Ordinance, as of the effective date of this Ordinance, may be continued, only in accordance with the provisions of chapter 12, Nonconforming uses, of this Ordinance.

3-2.6.

Certificates of occupancy. Subsequent to the effective date of this Ordinance, no changes in the use and/or occupancy of an existing zoning lot, building and/or structure, or portion thereof shall be permitted, nor shall any new construction be occupied for any purpose, until and unless, a valid certificate of occupancy and/or occupancy permit has been issued by the City of Chicago Heights Fire Department.

Every certificate of occupancy and/or occupancy permit shall fully document that any new occupancy fully complies with the provisions of this Ordinance. No permit for excavation for and/or the alteration of, any building and/or structure shall be issued before the application has been made and approved for a certificate of occupancy and/or occupancy permit.

Copies of all certificates of occupancy and/or occupancy permits shall be kept as a public record in the offices of the City of Chicago Heights Fire Department, and shall be available for public inspection. Copies shall be furnished to any person having a proprietary or tenancy interest in land, or in a building affected by said certificate.

3-3.1.

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 specified for the district in which it is located.

3-3.2.

Bulk. All new buildings and structures shall conform to the building regulations established for the district in which each building is 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 City of Chicago Heights.

3-3.3.

Below grade regulation. A dwelling unit shall be prohibited in a basement, as defined in chapter 2, Definitions, of this Ordinance, as a space having ½ or more of its floor-to-ceiling height above the grade/ground level, and with a floor-to-ceiling height of not less than 6½ feet.

3-4.1.

Yard and/or open space requirements. All yards and open spaces required by the provisions of this Ordinance, shall be located on the same zoning lot as the principal use, building and/or structure.

(a)

The owner(s) of record of said zoning lot, shall be responsible for retaining title to sufficient property, required for the legal existence of pre-existing buildings and/or structures, or portions thereof, on said zoning lot.

(b)

No portion of a zoning lot, used to document compliance with the provisions of this Ordinance, shall be used to satisfy the minimum requirements specified herein, for any other zoning lot, either through change of ownership, or other reasons, if the portion to be reallocated, would cause the original zoning lot to fall below the minimum requirements of this Ordinance.

(c)

No required yard, existing or hereafter provided for a zoning lot in existence on the effective date of this Ordinance, shall subsequently be reduced in area below its existing level, or below minimum requirements established herein.

3-4.2.

Required yards for existing buildings. No yards now or hereafter provided for an existing building shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of the district in which it is located for equivalent new construction.

3-4.3.

The building line. The building line for all buildings hereafter erected or structurally altered shall conform to the front yard requirements of the district in which it is located.

3-4.4.

Division of zoning lots. No improved zoning lot shall be divided into two or more zoning lots unless all improved zoning lots resulting from each such division conform with all the applicable bulk regulations of the zoning district in which the property is located.

3-4.5.

Permitted obstructions in required yards. The following are not considered to be obstructions when located in the required yards specified.

(a)

In rear and side yards. Open terraces not over four feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch; awnings and canopies; steps four feet 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; chimneys projecting 18 inches or less into the yard; recreational and laundry-drying equipment; arbors and trellises, and flag poles. Fences having a height of five feet or less may be used to located property lines within the required side or rear yards in the residential districts. Fences, walls or lattice-work screens which form outside living rooms, or provide necessary privacy for swimming pools or other activities, and are actual projections from the bearing walls of existing dwellings, may be extended into either the side or the rear yard, except:

(1)

That the projection shall not prohibit the erection of an open mesh-type fence over six feet in height enclosing a park, elementary or high school site; and

(2)

That this projection shall not limit the height, type or location of a fence, wall or other structure which is located within the buildable area exclusive of the side or rear yard of the property.

(b)

In front yards. One story bay windows projecting three feet or less into the yard; and over-hanging eaves and gutters projecting three feet or less into the yard. No fences are permitted in the front yard.

(c)

In rear yards. Enclosed, attached or detached off-street parking space; open off-street parking spaces; accessory sheds, tool rooms, and similar buildings or structures for domestic or agricultural storage; balconies; breezeways and open porches; one-story bay windows projecting three feet or less into the yard; overhanging eaves and gutters projecting three feet or less into the yard. In any residential district no accessory building shall be nearer than three feet to the side lot line nor nearer than ten feet to any principal building unless attached.

(d)

In side yards. Overhanging eaves and gutters projecting into the yard for a distance not exceeding 40 percent of the required yard width, but in no case exceeding 30 inches.

3-4.6.

Vision clearance—Corner lots. No building or structure hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles shall be located:

(a)

In any residence districts, exceeding a height of three feet above the street grade within 12 feet of the intersecting street lines bordering corner lots; and

(b)

In any business or manufacturing districts, within eight feet of the intersecting street lines bordering a corner lot, provided that this regulation shall not apply to that part of a building above the first floor.

3-5.1.

Contiguous parcels. 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 use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use.

3-5.2.

Reserved.

3-5.3.

Access to public streets. 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.

3-5.4.

Number of principal buildings on a zoning lot. Except in the case of a planned development, not more than one principal detached residential building shall be located on a residential zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.

(Ord. No. 05-26, §§ 2, 3, 8-1-05)

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; and when the use of the area is discontinued, it shall automatically be zoned to the most restrictive adjoining district until appropriate zoning is authorized by the city council within three months after the date of application filed for rezoning.

3-7.1.

Location. No part of an accessory building shall be located within a required side yard. When a rear yard is required, no part of an accessory building shall be located closer than three feet to the rear or side lot line.

3-7.2.

Time of construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

3-7.3.

Percentage of required rear yard occupied. No accessory building or buildings shall occupy more than 40 percent of the area of a required rear yard.

3-7.4.

Height of accessory buildings in required rear yards. No accessory building or portion thereof located in a required rear yard shall exceed 14 feet in height.

3-7.5.

On reversed corner lots. On a reversed corner lot, in a residence district, and within 15 feet of an adjacent property to the rear in a residence district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to 60 percent of the least depth which would be required for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory building shall be located within five feet of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residence district.

The performance standards for the M-1 manufacturing district, as set forth in this Ordinance, shall also apply to all residence and business districts.

When a use is classified as a "special use" and exists as a permitted use at the date of adoption of the zoning ordinance, it shall be considered a legal use, without further action of the city council, the zoning administrator of the board of appeals.

3-10.1.

General. All airports, as defined in chapter 2, Definitions, of this Ordinance, either existing or proposed, shall be subject to all applicable laws, codes, and/or regulations established by the Federal Aviation Administration (FAA) State of Illinois' Department of Aeronautics (IDOA), and/or, other applicable state and federal jurisdictions and agencies.

3-10.2.

Height regulations in the vicinity of major airports. The following special height limitations shall apply to areas within two miles of the boundary lines of major airports. (For purposes of these recommendations, the plan commission shall indicate which, if any, airports within the community and its environs shall be designated as "major".)

(a)

Within 7,500 feet from the nearest airport boundary, no building, structure, object of natural growth or portion thereof, shall exceed a height above curb level of 25 feet, or one foot for each 50 feet that such building, structure or object is distant from such nearest boundary or boundaries, whichever height is greater.

(b)

Between 7,500 feet and two miles from the nearest airport boundary, no building, structure, object of natural growth or portion thereof shall exceed a height above curb level, of 150 feet.

In all zoning districts, the construction of any building and/or structure, or portion thereof, designed or intended for residential, commercial and/or industrial use, shall be prohibited, except those which fully comply with the minimum requirements established by FEMA for a flood plain for said buildings and/or structures, or portions thereof, located on or near, shores and/or water courses.

Each dwelling, business, trade, industry, or other such activity and/or use, permitted on a zoning lot located within the corporate limits, and hereafter established in accordance with the provisions of this Ordinance, shall provide facilities conforming to standards of design and location, approved by the City of Chicago Heights. Any new water supply and/or sanitary sewage disposal systems, hereafter provided for existing uses, shall conform to said standards.

Antennas, as defined in chapter 2, Definitions, are permitted in all zoning districts as an accessory use to a legally existing structure provided that all of the following conditions are met:

(a)

Submission of a certification from a licensed engineer or architect that the structure to which the antenna is to be attached can safely support the antenna and any ancillary electronic equipment;

(b)

Submission of a lease or other document evidencing that the owner of the structure approves the installation of the antenna and any supporting equipment;

(c)

Submission of scale drawings showing the location and method of attachment of the antenna and any supporting equipment;

(d)

A full description and a picture of the antenna and other supporting equipment to be attached, including pictures;

(e)

A certification by the applicant that the antenna will operate in conformity with all applicable FCC regulations concerning radio frequency emissions;

(f)

The antenna will not exceed the height of the existing structure by more than 15 feet;

(g)

The antenna and any ancillary equipment or structure will meet otherwise applicable setback requirements.

Communication towers, also known as towers for the purposes of this Ordinance, as defined in chapter 2, Definitions, are permitted only on land owned by the City of Chicago Heights or other local government entities and as defined in Article VII, Section 1 of the State of Illinois Constitution of 1970, as a conditional use subject to the administrative provisions contained in Chapter 13-6 of this Code for the application and processing for a Special Use, and provided that all of the following criteria, as well as all other relevant criteria contained in this Ordinance, are met.

(a)

The lot on which a tower is located must meet the minimum lot size for the particular zoning district. The lot on which a tower is located shall not be within 2,000 feet of any other existing tower site measured nearest property line to nearest property line;

(b)

Shared use of towers and tower sites shall be encouraged. If shared use of an existing or approved tower or an existing or approved tower site is not proposed, the applicant shall demonstrate that the proposed equipment cannot be accommodated on an existing or approved tower or an existing or approved tower site for the following reasons:

(1)

The proposed equipment would exceed the structural capacity of the existing or approved towers and reinforcement of the existing or approved towers cannot be accomplished at a reasonable cost.

(2)

The proposed equipment will cause RF (Radio Frequency) interference with other existing or proposed equipment for that tower or that existing or approved tower site and the interference cannot be prevented at a reasonable cost.

(3)

Existing or approved towers or the existing or approved tower site do not have adequate space to accommodate the proposed equipment.

(4)

Addition of the proposed equipment would result in NIER (nonionizing electromagnetic radiation) levels which exceed any adopted local, federal or state emission standards.

(5)

There are other valid reasons that make it impractical to place the proposed equipment on any existing or proposed tower or any existing or approved tower site.

(c)

Communication towers may exceed the height limitations of the zoning district, provided they shall be set back from adjacent property lines the largest of the following distances as may be applicable:

(1)

A distance of 100 percent of the tower height from any school property, or improved public park area; or

(2)

The minimum setback in the underlying zoning district; or

(3)

The maximum collapsible fall zone for the proposed tower as specified by a registered engineer or architect responsible for designing the proposed tower.

(d)

Unless the communication tower is located on a building, the ground components of the tower structure shall be completely enclosed by a fence no less than six feet in height composed of a solid opaque material such as vinyl, metal or wood with a self-latching gate to limit accessibility to the general public. Building plans for such fence installation shall be submitted to the City Plan Department and Code Enforcement Director, who in their sole discretion shall determine whether said plans are compliant with this article and consistent with the character and appearance of the district in which they lie.

Communication towers existing as of the date of adoption of this Ordinance [2019-8], shall have a period of one year from the adoption of this Ordinance to achieve compliance with the requirements herein.

(e)

All guy wires and all guyed towers shall be clearly marked so as to be visible at all times. All guy wires shall be located a minimum of 20 feet from any property line.

(f)

The applicant shall submit evidence that the tower and its method of installation has been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with accepted engineering practice. The applicant shall include, from a registered engineer or architect responsible for designing the proposed tower, a specification of the maximum collapsible fall zone of the proposed tower.

(g)

The tower shall be subject to any applicable Federal Aviation Administration (FAA), state and airport zoning regulations.

(h)

No sign or other structure shall be mounted on the tower, except as may be required or approved by the FAA, or other applicable governmental agency.

(i)

All lighting shall be shielded and reflected away from adjoining properties.

(j)

A minimum of two off-street parking spaces shall be provided on the tower site, plus one off-street parking space for each on-site personnel.

(k)

Existing vegetation on the site shall be preserved to the maximum extent possible.

(l)

A minimum twenty-foot easement or right-of-way for access shall be provided to the tower which is adequate to accommodate maintenance and emergency vehicles and which is improved with a dust-free, all-weather surface sufficient to accommodate the weight of vehicles proposed to use the easement or right-of-way subject to approval by the appropriate city council. The right-of-way or easement shall be maintained by the landowner or lessee.

(m)

The applicant shall submit proof that it has guaranteed removal of any tower which becomes obsolete or abandoned and that adequate financial security has been posted to cover the cost of such removal.

(n)

Each tower owner shall inform the city of any changes in ownership or responsibility for a tower immediately after the change occurs.

(o)

The applicant shall have both the duty of initial presentation of evidence and the burden of persuasion with respect to the criteria of subsections (a) through (o), herein.

(Ord. No. 2016-21, §§ 1, 2, 11-21-16; Ord. No. 2019-8, §§ 1, 2, 6-5-19)