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Clarendon Hills City Zoning Code

ARTICLE 20

1 TITLE AND PURPOSE

20.1.1 TITLE

This Chapter, which incorporates the Official Zoning Map, is known, cited, and referred to as the "Village of Clarendon Hills Zoning Ordinance."

(Ord. 19-10-26)

20.1.2 PURPOSE

The intent of this Chapter is to establish land use regulations to serve the Village of Clarendon Hills. The purpose of this Chapter is to:

  1. Promote the public health, safety, and welfare.
  2. Promote the orderly development of the Village in accordance with the Comprehensive Plan and adopted land use policies.
  3. Divide the Village into zoning districts, according to use of land and structures, bulk of structures, intensity of the use of the lot, or other classification, as deemed best suited to carry out the purposes of this Chapter.
  4. Preserve and enhance the value of structures, communities, and neighborhoods that constitute the distinct places within the Village.
  5. Promote economic development that balances the needs of the current and future economy with a high quality of life standard.
  6. Provide for preservation, protection, and conservation of natural resources, and promote the principles of sustainability.
  7. Maintain, develop, and plan for public facilities and utilities in an economical and environmentally sound manner.
  8. Provide for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and other public requirements.
  9. Provide for the gradual elimination of nonconformities.

(Ord. 19-10-26)

20.1.3 APPLICABILITY

  1. Territorial Application: This Chapter applies to all land, uses, and structures within the Village.
  2. General Application: In their interpretation and application, the provisions of this Chapter are held to be the minimum requirements for the promotion and protection of the public health, safety, and welfare.
  3. Required Conformance: Any portion or whole of a structure must be erected, constructed, reconstructed, moved, or enlarged in conformance with the requirements of this Chapter. Any structure or land must be used and occupied in conformance with the requirements of this Chapter.
  4. Relation To Private Agreements: This Chapter does not nullify any private agreement or covenant. However, where this Chapter is more restrictive than a private agreement or covenant, this Chapter controls. Those charged with administration and enforcement of this Chapter do not enforce any private agreement.
  5. Relation To Other Laws And Regulations: Unless otherwise specifically provided, this Chapter controls over less restrictive statutes, ordinances, or regulations, and more restrictive statutes, ordinances, or regulations control over the provisions of this Chapter.
  6. Comprehensive Plan: The Comprehensive Plan of the Village, as adopted and amended, is incorporated by reference into this Chapter. The Comprehensive Plan is advisory and is not construed to regulate or control the use of private property in any way, except as expressly set forth in this Chapter.
  7. Rules Regarding Illustrations And Graphics: Any illustrations, graphics, and/or photos contained in this Chapter are to assist the reader in understanding and applying the Chapter. If there is any inconsistency between the text of the Chapter and any such illustration, graphic, and/or photo, the text controls unless specifically stated otherwise.
  8. Rules Of Measurement: Section 20.2.4 provides an explanation of definitions that involve measuring dimensional and locational standards. These rules of measurement can be relied on to instruct the reader on how to interpret these dimensional and locational standards to achieve conformance.

(Ord. 19-10-26)

20.1.4 TRANSITION RULES

  1. Existing Uses:
    1. If a structure or land is used in a manner that was classified as a permitted use prior to the effective date of this Chapter or any subsequent amendment to this Chapter, and now that use is classified as a special use as of the effective date of this Chapter or any subsequent amendment to this Chapter, that use is classified as a lawful special use. Any subsequent addition, enlargement, or expansion of that use must conform to the procedural and substantive requirements of this Chapter for special uses.
    2. If a structure or land is used in a manner that was classified as a special use prior to the effective date of this Chapter, and that use is now classified as a permitted use as of the effective date of this Chapter, that use is classified as a permitted use. Any subsequent addition, enlargement, or expansion of that use must conform to any Chapter requirements for such permitted use and is no longer subject to the special use ordinance under which it was originally approved.
    3. If a structure or land is used in a manner that was classified as either a permitted use or a special use requiring an approval prior to the effective date of this Chapter or any subsequent amendment to this Chapter, but this Chapter no longer classifies that use as either a permitted or special use in the zoning district in which it is located, that use is classified as a nonconforming use.
  2. Structures Rendered Nonconforming: If a structure existing on the effective date of this Chapter was a conforming structure before the effective date of this Chapter or any subsequent amendment to this Chapter, but such structure does not meet all standards set forth in this Chapter in the zoning district in which it is located, that structure is deemed a nonconforming structure.
  3. Lots Rendered Nonconforming: If a lot existing on the effective date of this Chapter was a conforming lot of record before the effective date of this Chapter or any subsequent amendment to this Chapter, but such lot does not meet all standards set forth in this Chapter in the zoning district in which it is located, that lot is deemed a nonconforming lot.
  4. Site Elements Rendered Nonconforming: If a site element existing on the effective date of this Chapter was conforming before the effective date of this Chapter or any subsequent amendment to this Chapter, but such site element does not meet all standards set forth in this Chapter in the zoning district in which it is located, that site element is deemed a nonconforming site element.
  5. Previously Issued Building Permits: If a building permit for a structure was lawfully issued prior to the effective date of this Chapter, or any subsequent amendment to this Chapter and if construction has begun within ninety (90) days of the issuance of that permit, the structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied for the use originally intended.
  6. Previously Granted Variances: All variance approvals granted prior to the effective date of this Chapter, or any subsequent amendment to this Chapter, remain in full force and effect. The recipient of the variance may proceed to develop the property in accordance with the approved plans and all applicable conditions.
  7. Existing Planned Unit Developments: Previously approved planned unit developments (PUD) remain in effect and continue to control the development of land that is subject to the PUD. Any amendments to existing PUD are subject to the amendment procedures of this Chapter.
  8. Existing Unlawful Uses: Any use that was unlawful at the time of the adoption of this Chapter that is in conflict with the requirements of this Chapter remains unlawful.
  9. Pending Applications: An application that has been received and deemed complete, and scheduled for a public hearing or meeting is subject to the rules in effect on the date the application was deemed complete.

(Ord. 19-10-26)

20.1.5 SEVERABILITY

If any section, paragraph, subdivision, clause, sentence, or provision of this Chapter is adjudged by any court of competent jurisdiction to be invalid, that judgment does not affect, impair, invalidate, or nullify the remainder of this Chapter. The effect of the judgment is confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which judgment or decree was rendered.

(Ord. 19-10-26)