This title shall be known, cited and referred to as the DES PLAINES ZONING ORDINANCE OF 1998 or the ZONING ORDINANCE. Any reference to this title following its effective date shall mean this entire title as it may hereafter be amended. (Ord. Z-8-98, 9-21-1998)

This Des Plaines zoning ordinance of 1998 is hereby enacted subject to the provisions of article VII of the 1970 Illinois constitution, and it is the intention of this chapter to exercise the rights of the city of Des Plaines as a home rule unit pursuant to article VII, and it is the further intention of this chapter to supersede the limitations of the Illinois municipal code or any other statute or law. (Ord. Z-8-98, 9-21-1998)

The purpose of this zoning ordinance is to regulate and control the use and development of land within the city of Des Plaines. It is designed to promote the public health, safety, and general welfare, and more specifically to:

   A.   Support the goals, objectives, and policies of the comprehensive plan and other plans adopted by the city of Des Plaines;

   B.   Divide the city into zoning districts and establish, by reference to a zoning map, the boundaries of such districts;

   C.   Prohibit uses, buildings, or structures incompatible with the stated purpose of such districts;

   D.   Establish standards to which uses, buildings and structures within each district shall conform, therein restricting and regulating their location, construction, reconstruction, or alteration;

   E.   Regulate the intensity of the use of each lot by requiring open areas around buildings and structures, to provide adequate light and ventilation;

   F.   Prevent the overcrowding of land to ensure safety from fire, panic and other dangers;

   G.   Encourage compatibility between different land uses and protect the scale and character of existing development from the encroachment of incompatible development;

   H.   Limit congestion in the public streets by providing for off street parking, loading and unloading of vehicles and by providing for alternative transportation modes where appropriate;

   I.   Protect and enhance the taxable value of land, buildings, and structures;

   J.   Designate and define the powers and duties of the bodies and/or official(s) administering and enforcing this title and the procedures by which this title is administered; and

   K.   Prescribe penalties for the violation of this title. (Ord. Z-8-98, 9-21-1998)

   A.   All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this title which are applicable to the zoning districts in which such buildings, uses or land shall be located.

   B.   However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof and provided that construction is begun within one year 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 5, "Nonconforming Uses And Structures", of this title.

   C.   Existing uses, buildings, and structures that do not comply with the regulations of this zoning ordinance shall be subject to the regulations of chapter 5, "Nonconforming Uses And Structures", of this title. (Ord. Z-8-98, 9-21-1998)

   A.   The provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

   B.   Where the conditions imposed by any provision of this title upon the use of land or buildings or upon the bulk of buildings or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this title 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 title is not intended to abrogate any easement, covenant or any other private agreement, provided that where the regulations of this zoning ordinance are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this zoning ordinance shall govern.

   D.   No building, structure or use which was not lawfully existing at the time of the adoption hereof shall become or be made lawful solely by reason of the adoption of this title; and to the extent that, and in any manner that, said unlawful building, structure or use is in conflict with the requirements of this title, said building, structure or use remains unlawful hereunder. (Ord. Z-8-98, 9-21-1998)

It is hereby declared to be the intention of the mayor and city council of the city of Des Plaines that the several provisions of this title are severable, in accordance with the following:

   A.   If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provisions of this title not specifically included in said judgment; or

   B.   If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title 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 judgment. (Ord. Z-8-98, 9-21-1998)

After the effective date hereof, all provisions of the zoning ordinance of Des Plaines adopted June 20, 1960, as heretofore amended, are hereby expressly repealed. (Ord. Z-8-98, 9-21-1998)

This title was adopted and became effective on September 21, 1998. (Ord. Z-8-98, 9-21-1998)