A.

In their interpretation and application the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of public health, safety, morals and welfare.

B.

Where the conditions imposed by any provision of this Ordinance, upon the (a) use of land or building; (b) the bulk of the buildings; (c) floor area requirements; (d) lot area requirements; and (e) yard requirements, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Ordinance, or of any other law, Ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

C.

This Ordinance is not intended to abrogate any easement, covenant, or other private agreement provided that where the regulations of this Ordinance are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this Ordinance shall govern.

D.

No building, structure, or use not lawfully existing at the time of the adoption of this Ordinance shall become, or be made lawful solely by reason of the adoption of this Ordinance, and to the extent that, and in any manner that said unlawful building, structure, or use is in conflict with the requirements of this Ordinance, said building, structure, or use remains unlawful hereunder.

It is, hereby, declared to be the intention of the City Council of the City of Country Club Hills that the several provisions of this Ordinance are separable in accordance with the following:

A.

If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgement shall not affect any other provision of this Ordinance not specifically included in said judgment.

B.

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Ordinance to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgement.

In Single-Family Residence Districts, every single-family dwelling hereafter erected or structurally altered shall be located on a lot and there shall not be more than one principal building on one lot.

The following uses of land or buildings are allowed in the districts indicated hereinafter in Article 6, 7, 8 under the conditions specified in this Ordinance.

A.

Uses lawfully established on the effective of this Ordinance.

B.

Permitted uses as designated in Article 6, 7 and 8.

C.

Special Uses.

No building or tract of land shall be devoted to any use other than one which is specified as a permitted or special use in Article 6, 7 and 8 in the zoning district in which such building or land is located. However, where a building permit for a building or structure has been issued in accordance with the law prior to the effective date of this Ordinance, and where construction has been begun within six (6) months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with approved plans on the basis of which the building permit was issued; and, further, may upon completion be occupied under a Certificate of Occupancy by use originally designated, subject to the provisions of Article 4 of this Ordinance.

No building or premises shall hereafter be used or occupied and no building or structure, or part thereof, 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, except that in Residential Districts, a subdivided lot which was of record at the time of the adoption of this Ordinance or an Ordinance reclassifying the property to the R-O Single Family Residence District even though not meeting the requirements of this Ordinance as amended by the addition of the R-O District as to area or width, may be used for single-family residence purposes, provided it qualifies under all other provisions of the District in which it is located.

All buildings shall conform to the bulk regulations established herein for the District in which each building is located. Further, no existing building shall be enlarged, reconstructed, structurally altered, converted, or relocated in such a manner as to conflict, or to further conflict with the bulk regulations of this Ordinance for the district in which such building shall be located.

A.

Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use, and shall not include the keeping or propagation of poultry or livestock, whether or not for profit. Private swimming pools shall be permitted use in any Residence District, provided they conform with regulations of this Ordinance and other applicable Ordinances of the City of Country Club Hills.

B.

No accessory building or structure, unless it is structurally a part of the principal building, and unless it conforms with the requirements of accessory buildings or structures for special uses, shall be erected or altered at, nor moved to a location:

1)

Within eight feet (8') of the nearest wall of a principal building, except where an accessory building or structures and a principal building are of fire-resistive type construction, and approved by the Building commissioner, an accessory building or structure may be located nearer than eight feet (8');

2)

Within a required front yard, or side yard adjoining a street;

3)

Within three feet (3') of a side lot line when located in rear yards; nor

4)

Within ten feet (10') of the rear lot.

5)

Within an easement.

C.

No accessory building shall have building heights of more than one (1) story, or seventeen feet (17') whichever is the lesser, unless otherwise permitted as accessory to commercial or manufacturing uses, or to authorized special uses.

A.

To provide for the location of certain uses hereinafter specified which are deemed desirable for the public welfare within a given district or districts, but which might have an adverse effect upon nearby properties or upon the character and future development of the District in which they are located, a classification of special uses is, hereby, established. Procedure for special uses are set forth in Article 10.

B.

Where a use exists on the effective date of this ordinance, and it is classified as a special use by said Ordinance, it shall be considered to be a lawful special use. Additions or alterations to existing buildings or land improvements for expansion of such lawful special uses may be made within the area of the lot included in the ownership existing at the time of adoption of this Ordinance; provided that application is made by the owner to the City Council and approved by the Council.

For the purpose of this Chapter, the following shall not be considered as obstructions when located in the yard as indicated.

A.

Structures:

In Any Yards: Chimneys, overhanging roof eaves, open terraces, marquees, and awnings adjoining the principal building and ornamental light standards and flagpoles. The above shall not encroach side lot lines by a distance less than 90 centimeters (36"). On corner lots, obstructions not higher than 70 centimeters (24") above curb level, if located in that portion of a required front or side yard situated within 12 meters (40') of the lot corner formed by the intersection of any two street lines.

Open accessory off-street parking spaces or areas, in conformance with Section 15.9.02 of this Municipal Code.

In Rear Yards: Private garages attached or structurally a part of the principal building, private garages, detached; accessory sheds, tool rooms, or other similar accessory buildings; private swimming pools, in accordance with the City Ordinances; recreational and laundry drying equipment; basketball hoops; non-motorized vehicles and boats; arbors and trellises. Accessory buildings or structures, not including swimming pools, may occupy not more than 93 square meters (1,000 sq. ft.) of a rear yard; and, no more than two accessory buildings may be erected in any one yard.

B.

Fences:

1)

Front Yard Fence: No fence shall be permitted in any front yard.

2)

Rear Yard Fence: No fence shall exceed six (6) feet in height.

3)

Side Yard Fence: No fence shall exceed six (6) feet in height. No side yard fence shall extend beyond the front of the principle building, except on comer lots where no fence shall be permitted in the side yard which abuts a street, past the rear of the principle building.

4)

Corner Lot Fence: On a corner lot only, a fence shall be permitted in the side yard, not relationship of the fence height and the location from the side yard property line. See graph B4-1. A side yard fence within ten (10') of any side yard property line must be a decorative fence, defined as a fence of 50% air or more.

PERMITTED CORNER LOT SIDE YARD FENCE HEIGHTS

C.

Basketball Hoops:

In Front Yards: Basketball hoops may be erected on poles, if said poles are located at least twenty (20) feet from the public right-of-way. Notwithstanding the provisions of Article 4, all structures which are nonconforming to this provision shall be discontinued on the earlier of the following: (a) September 1, 1994; or (b) when the ownership of the nonconforming property is transferred.

A.

The minimum yard spaces required for one structure shall not again be considered as yard space for another adjoining structure.

B.

No lot shall be reduced in area so that the yards or other open spaces become less than required by this Ordinance.

C.

On streets where a front-yard setback has been maintained for buildings existing on lots of tracts having a frontage of fifty percent (50%) or more of the total frontage on one side of that portion of any street lying between two (2) intersecting streets, there shall be maintained a front-yard setback of not less than the average setback of the aforementioned existing buildings, or twenty-five feet (25') whichever is greater. On a vacant through or corner lot, either of the lot lines abutting a street right-of-way line may be established as contiguous and a front lot line has been duly established, the same street lot line shall thereafter be deemed to be the front lot line of all such contiguous lots on a through lot, a front yard shall be provided along any lot line abutting a street.