The ordinance from which this Chapter is derived shall be known and may be cited as the "Elmhurst Zoning Ordinance" and may be referred to herein as the "zoning ordinance" or "this Chapter".

(a)

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

(b)

Where the conditions imposed by any provision of this Chapter, upon the use of land or buildings or upon the bulk of buildings, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Chapter 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)

Although the district requirements are expressed in very specific terms in most instances, reasonable flexibility is offered through such devices as conditional use, planned development, floor area ratio, and variations. A principal objective of this Chapter is the encouragement of appropriate innovation as hereinafter set forth.

(d)

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

(e)

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

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

(a)

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

(b)

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Chapter 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.

(a)

All buildings erected here after, all uses of land or buildings established hereafter, and all structural alterations or relocation of existing buildings occurring hereafter shall be subject to all regulations of this Chapter 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 of the ordinance from which this Chapter is derived and provided that construction is begun within nine months 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. The building or structure may upon completion be occupied under a certificate of occupancy by the use for which originally designated—subject thereafter to the provisions of Article V.

(c)

Where the Zoning Administrator has issued a permitted use permit, such permit shall become null and void unless work on-site pursuant to the permit is begun within nine months of the date of the issuance of such permit by the Zoning Administrator, and diligently prosecuted to completion, unless this time period is extended by City Council.

(d)

A conditional use permit shall be deemed to authorize only one particular conditional use and shall expire if the conditional use shall cease for more than six months for any reason, unless this time period is extended by City Council.

(e)

Approved variations shall become null and void unless work thereon is substantially under way within nine months of the date of issuance of the variation unless this time period is extended by the Zoning Board of Appeals or City Council, as the case may be.

(f)

Where a lot is to be occupied for a permitted or conditional use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this Chapter, except that side yards shall not be required on lots used for garden purposes without buildings or structures and no side or front yards shall be required on lots used for public recreation areas.

(g)

No land which is located in a residence district shall be used for driveway, walkway, or access purposes to any land which is located in an office, commercial or industrial district, or used for any purpose not permitted in a residence district.

(h)

In addition to the pertinent requirements of this Chapter, every application for a permit or certificate for the use of land or structures located within the designated boundaries of the flood hazard boundary map and/or flood insurance rate map shall be subject to the regulations contained within Title 14.

The Zoning Administrator shall forward copies of all such applications to the Superintendent of Building Construction and the City Engineer, along with his finding that the application site falls within a flood-prone area.