The official name of this Chapter (Chapter 28) is the “Zoning Ordinance of the Village of Downers Grove, Illinois.” For convenience, it is referred to throughout this Chapter as the “zoning ordinance.”

This zoning ordinance is adopted pursuant to the powers granted and limitations imposed by Illinois law.

The provisions of this zoning ordinance become effective on June 15, 2014, except as otherwise expressly stated.

The provisions of this zoning ordinance apply to all public and private development within the Village, except as provided by State or federal law or as otherwise expressly stated in this zoning ordinance.

The provisions of this zoning ordinance do not apply to the type, location or use of poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any other similar transmission or distribution equipment (except substations or other similar structures erected above ground level) of a public utility under the jurisdiction of the Illinois Commerce Commission or a municipally-owned utility, provided that the installation of such facilities must conform with all other applicable laws and regulations.

This zoning ordinance is adopted for the purposes of:

1. protecting and promoting the public health, safety and general welfare; and
2. implementing the policies and goals contained within the comprehensive plan and other officially adopted plans of the Village.

1. The provisions of this zoning ordinance are the minimum requirements deemed necessary to carry out the zoning ordinance’s stated purpose and intent.
2. In addition to the requirements of this zoning ordinance, all uses and development and construction activities must comply with all other applicable ordinances, laws and regulations.
3. All references in the zoning ordinance to other governmental regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply any responsibility for the Village to enforce regulations imposed by other government authorities.

1. Structures may not be occupied, used, erected, reconstructed, structurally altered, or enlarged, and uses may not be located, commenced or continued, unless such structure or use complies with all applicable provisions of this zoning ordinance.
2. Building permits, certificates of occupancy, or other required permits or licenses, may not be approved, and permits or licenses may not be issued by any other Village department that would authorize the use or change in use of any land or structure contrary to the provisions of this zoning ordinance, or for the erection, moving, alteration, enlargement or occupancy of any structure designed or intended to be used for a purpose or in a manner contrary to the provisions of this zoning ordinance.
3. Lots improved with a structure may not be divided into two (2) or more lots, and portions of any lot that is improved with a structure may not be sold, unless all lots resulting from the division or sale and all improvements on such lots comply with the lot and building regulations of the subject zoning district.

1. Conflict with State or Federal Regulations. If the provisions of this zoning ordinance are inconsistent with those of the State or federal government, the more restrictive provision governs, to the extent allowed by law. The more restrictive provision is the one that imposes more stringent controls.
2. Conflict with Other Village Regulations. If the provisions of this zoning ordinance are inconsistent with one another or if they conflict with provisions found in other adopted ordinances or regulations of the Village, the more restrictive provision governs unless otherwise expressly stated. The more restrictive provision is the one that imposes more stringent controls.
3. Conflict with Private Agreements and Covenants. This zoning ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this zoning ordinance impose a greater restriction than imposed by an agreement or covenant among private parties, the provisions of this zoning ordinance govern.

1. Meanings and Intent. The language of the zoning ordinance must be read literally. Regulations are no more or less strict than stated. Words and terms expressly defined in Chapter 1 of this Code or in this zoning ordinance have the specific meanings assigned unless the context indicates another meaning. In cases of conflict between the definitions in Chapter 1 of this Code and those of this zoning ordinance, the zoning ordinance definitions govern. Words that are not expressly defined in Chapter 1 of this Code or this zoning ordinance have the meaning given in the latest edition of Merriam-Webster’s Unabridged Dictionary.
2. Public Officials and Agencies. All employees, public officials, bodies and agencies to which references are made are those of the Village of Downers Grove unless otherwise expressly stated.
3. Computation of Time
   1. References to “days” are to calendar days unless otherwise expressly stated. References to “business days” are references to regular Village government working days, excluding Saturdays, Sundays and holidays observed by Village government.
   2. The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or holiday observed by village government, that day is excluded.
   3. A day concludes at the close of business of Village Hall and any materials received after that time will be considered to have been received the following day.
4. Tenses and Usage
   1. Words used in the singular include the plural. The reverse is also true.
   2. Words used in the present tense include the future tense. The reverse is also true.
   3. The words “must,” “will,” “shall” and “may not” are mandatory.
   4. The word “should” is advisory, not mandatory or required.
   5. When used with numbers, “up to x,” “not more than x” and “a maximum of x” all include “x.”
   6. The word “person” includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
   7. The words “used” and “occupied” include “intended, designed or arranged to be used or occupied.”
5. Conjunctions. Unless the context otherwise expressly indicates, conjunctions have the following meanings:
   1. “and” indicates that all connected items or provisions apply; and
   2. “or” indicates that the connected items or provisions may apply singularly or in combination.
6. Headings and Illustrations. Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this zoning ordinance. In case of any difference of meaning or implication between the text of this zoning ordinance and any heading, drawing, table, figure or illustration, the text governs.
7. Current Versions and Citations. All references in this zoning ordinance to other Village, State or federal regulations refer to the most current version and citation for those regulations, unless otherwise expressly indicated.
8. Lists and Examples. Unless otherwise expressly indicated, lists of items or examples that use “including,” “such as,” or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.
9. Delegation of Authority. Whenever a provision appears requiring the head of a department or another officer or employee of the Village to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this zoning ordinance expressly prohibit such a delegation.

1. Establishment. The location and boundaries of the zoning districts established by this zoning ordinance are shown on a geographic coverage layer entitled “Zoning” that is maintained as part of a geographic information system (GIS) maintained by the Village. This “Zoning” geographic coverage layer constitutes the Village’s official zoning map. The official zoning map, together with all notations, references, data and other information shown on the map, is adopted and incorporated into this zoning ordinance. It is as much a part of this zoning ordinance as it would be if it were actually depicted within its pages.
2. Maintenance, Updates and Publishing. The Community Development Director is responsible for directing revisions to the official zoning map to reflect its amendment as soon as possible after the effective date of zoning map amendments (rezonings). Unauthorized persons may not alter or modify the official zoning map. The zoning map must be published annually as required by law. (65 ILCS 5/11-13-19).
3. Map Interpretations. Where any uncertainty exists about a zoning boundary, the Community Development Director is authorized to refer the matter to the Planning and Zoning Commission for a determination or make an administrative interpretation using the following rules of interpretation:
   1. A boundary shown on the zoning map as approximately following lot lines or section lines will be construed as following those lot lines or section lines.
   2. A boundary shown on the zoning map as approximately following a street, alley or railroad line will be construed as following the centerline of the street, alley or railroad right-of-way.
   3. A boundary shown on the zoning map as approximately following the boundary of an adjacent municipality will be construed as following that boundary.
   4. A boundary shown on the zoning map as approximately following the shoreline or centerline of a river, stream, lake or other water body will be construed as follow-ing the actual shoreline or centerline of that water body. If, subsequent to the establishment of the boundary, the shoreline or centerline of the watercourse should move as a result of natural processes (flooding, erosion, sedimentation, etc.), the boundary will be construed as moving with the shoreline or centerline of the water body.
   5. A boundary shown on the zoning map as approximately parallel to, or as an apparent extension of, a feature described above will be construed as being actually parallel to, or an extension of, the feature.
4. Zoning of Public Ways and Railroad Rights-of-way. All streets, alleys, public ways and railroad rights-of-way, if not otherwise specifically designated, will be deemed to be in the same zoning district as the property in the most restrictive classification immediately abutting the street, alley, public way or railroad rights-of-way. If the centerline of a street, alley, public way or railroad right-of-way serves as a zoning district boundary, the zoning of such areas, unless otherwise specifically designated, will be deemed to be the same as that of the abutting property up to the centerline.
5. Zoning of Annexed Land. When land is annexed or otherwise brought into the zoning jurisdiction of the Village, it may be automatically classified in the R-1 district or, simultaneously with the petition for annexation, be assigned a zoning classification based on the comprehensive plan, existing land uses, approved development agreements or other relevant land use planning criteria.

The provisions of this Section address the transition from the previous zoning ordinance (the one in effect before the effective date specified in DGMC Section 28.1.030 to this zoning ordinance.

1. Applications, Permits and Approvals
   1. Any building, development or structure for which a building permit was issued or a complete permit application had been accepted for processing before the effective date specified in DGMC Section 28.1.030 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not comply with provisions of this zoning ordinance. If the building is not commenced and completed within the time allowed under the original building permit, the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this zoning ordinance.
   2. Applications for special uses, temporary uses, variations or other zoning approvals that were submitted in complete form and are pending approval on the effective date specified in DGMC Section 28.1.030 must be reviewed wholly under the terms of the zoning ordinance in effect immediately before the effective date specified in DGMC Section 28.1.030. Building permits for construction and development approved under such zoning approvals may be issued even if such building, development or structure does not fully comply with provisions of this zoning ordinance. If building is not commenced and completed within the time allowed under the building permit, then the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this zoning ordinance.
   3. When a use classified as a special use under this zoning ordinance exists as an approved special use or permitted use on the effective date specified in DGMC Section 28.1.030, that use will be considered a lawfully established special use under this zoning ordinance. When any amendment to this zoning ordinance changes the classification of a permitted use to a special use, any use lawfully established before such amendment will be considered a lawfully established special use after the effective date of the amendment. A lawfully established existing use that is not allowed as a special use or permitted use in the district in which the use is now located will be considered a nonconforming use and will be subject to all applicable regulations of Article XI of this Chapter.
2. Violations Continue
   1. Any violation of the previous zoning ordinance will continue to be a violation under this zoning ordinance and be subject to penalties and enforcement under Article XIII of this Chapter.
   2. If the use, development, construction or other activity that was a violation under the previous zoning ordinance complies with the express terms of this zoning ordinance, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date specified in DGMC Section 28.1.030.
   3. The adoption of this zoning ordinance does not affect any pending or future prosecution of, or action to abate, violations of the previous zoning ordinance that occurred before the effective date specified in DGMC Section 28.1.030.

If any portion of this zoning ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is to be deemed severed from the zoning ordinance and in no way affects or diminishes the validity of the remainder of the zoning ordinance.