This title shall be known and may be referred to as the VILLAGE OF GLENDALE HEIGHTS ZONING ORDINANCE. (Ord. 99-02, 1-7-1999)

This title is adopted for the purpose of improving and protecting the public health, safety, and welfare. To this end, this title seeks:

   A.   To further the implementation of the adopted official comprehensive plan for the village.

   B.   To zone all land in the village with a view to conserving property values and encouraging the most appropriate use of land throughout the village.

   C.   To establish adequate standards for provision of light, air, and open spaces.

   D.   To prevent the overcrowding of land and undue concentration of population, thereby preventing the development of blight and deterioration. (Ord. 99-02, 1-7-1999)

   E.   To facilitate provision of adequate services and facilities such as transportation, water, sewerage and parks. (Ord. 99-02, 1-7-1999; amd. Ord. 2014-15, 3-20-2014)

   F.   To provide for adequate drainage, control of erosion, reduction of flood damage, and destruction of sensitive or valuable environmental resources.

   G.   To foster a desirable pattern of relationships among residential, commercial, industrial, and other uses for the mutual benefit of all types of development.

   H.   To isolate and control the location of unavoidable nuisance producing uses.

   I.   To establish reasonable standards to which buildings, structures, and other uses of land shall conform.

   J.   To prevent new construction or alteration or expansion of existing construction that does not comply with the restrictions herein.

   K.   To provide for the gradual elimination of existing uses that are incompatible with the character of the districts in which they are located.

   L.   To define the powers and duties of the officers and bodies charged with the enforcement of this title.

   M.   To prescribe penalties for any violation of the provisions hereof.

   N.   To protect against fire, explosions, noxious fumes and other dangers.

   O.   To protect the physical and mental health of the public by reducing or abating objectionable smoke, noise or other objectionable materials or influences wherever possible.

   P.   To establish setback lines along streets, trafficways, drives, parkways and stormwater and floodwater runoff channels or basins, and property lines and to regulate the location of structures relative to such lines.

   Q.   To protect the character and maintain the stability of the existing residential, commercial, office and manufacturing areas in the village from the encroachment of incompatible uses.

   R.   To encourage and enhance the preservation of natural resources, aesthetic amenities and natural features.

   S.   To protect existing public facilities and utilities from being overloaded due to excess development.

   T.   To protect and enhance a pattern of interconnected streets and highways that is unified, integrated, safe, effective and efficient.

   U.   To regulate uses along regional arterial streets and highways to protect their through traffic function and capacity.

   V.   To protect residential streets from degradation by nonresidential traffic.

   W.   To reduce congestion and promote safety on streets and highways by limiting traffic generation through the control of land use intensity.

   X.   To establish procedures and standards for the efficient and effective use of the provisions of this title. (Ord. 99-02, 1-7-1999)

   A.   General Scope:

      1.   Territorial Application: This title shall apply to land, structures, and uses within the corporate limits of the village.

      2.   General Application: All structures erected hereafter, all uses of land or structures established hereafter, all structural alterations or relocations of existing structures occurring hereafter, and all enlargements and extensions of, additions to, changes in and relocations of existing uses occurring hereafter shall be subject to all regulations of this title applicable to the zoning districts in which such land, structures or uses are located. Existing structures and uses that do not comply with the regulations of this title shall be subject to the provisions of chapter 7 of this title relating to nonconformities.

      3.   General Prohibition: No structure, no use of any structure or land, and no lot of record or zoning lot, now or hereafter existing, shall hereafter be established, enlarged, extended, altered, moved, divided or maintained in any manner except as authorized by the provisions of this title and except in compliance with the regulations of this title. Without limiting the foregoing, any such activity that would cause any existing structure not to comply with this title or that would create any parcel of land that could not be developed in compliance with this title shall be prohibited.

      4.   Multiple Uses On Same Zoning Lot: Except when authorized as part of a planned development approved pursuant to chapter 13 of this title or as a conditional use permit in the public and institutional buildings district pursuant to chapter 12, article B of this title, no zoning lot in the village shall be used for more than one principal structure. No structural group containing two (2) or more upward projections shall be considered a single structure unless all such upward projections are joined by an element that:

         a.   Is at least half as high as the tallest upward projection; and

         b.   Is something other than a fence, canopy, freestanding wall or other nonfunctional connection. (Ord. 99-02, 1-7-1999)

      5.   Private Agreements: This title is not intended to abrogate, annul or otherwise interfere with any platted building line, easement, covenant or other private agreement or legal relationship; provided, however, that where the regulations of this title are more restrictive or impose higher standards or requirements than such platted building line, easement, covenant or other private agreement or legal relationship, the regulations of this title shall govern. (Ord. 99-02, 1-7-1999; amd. 2011 Code)

   B.   Application To Variations And Conditional Uses:

      1.   Existing Variations And Conditional Use Permits: Any variation or conditional use lawfully issued prior to the effective date hereof, or any amendment hereto, shall be deemed to be and continue to be valid after such effective date, subject to any conditions placed thereon at the time of issuance. Any structure or use lawfully authorized by any such variation or conditional use permit that could not be so issued after the effective date hereof shall be subject to the provisions of chapter 7 of this title dealing with nonconformities.

      2.   Existing Uses And Structures Newly Requiring Conditional Use Permits: Any use or structure lawfully existing on the effective date hereof, or any amendment hereto, that did not, prior to such effective date, require a conditional use permit but which, after such effective date, does require a conditional use permit, may secure such a permit only pursuant to the standards and procedures made applicable to conditional use permits by chapter 3, article C of this title. Unless and until such a permit is so secured, such use shall be subject to the provisions of chapter 7 of this title dealing with nonconformities.

   C.   Existing Building Permits:

      1.   Except as provided in subsections C2 and C3 of this section, no certificate of occupancy shall be issued following the effective date hereof, or any amendment hereto, unless the work, structure or use for which the certificate of occupancy is sought is made to fully comply with the applicable provisions of this title, or such amendment.

      2.   Nothing in this title, or any amendment hereto, shall be deemed to require any change in the plans, construction or designated use of any structure in the event that:

         a.   A building permit for such structure was lawfully issued prior to the effective date hereof, or any such amendment hereto, or such a permit is issued after such effective date based upon a complete and proper application for such permit filed prior to such effective date; and

         b.   Such permit had not, by its own terms, expired prior to such effective date; and

         c.   Such permit was lawfully and properly issued in accordance with the law prior to such effective date; and

         d.   Construction pursuant to such permit is commenced prior to the expiration of such permit and within one hundred eighty (180) days of such effective date and is thereafter diligently pursued to completion.

      3.   Upon completion pursuant to subsection C2 of this section, such structure may be occupied by, and a certificate of occupancy shall be issued for, the use designated on such permit, subject thereafter, to the extent applicable, to the provisions of chapter 7 of this title relating to nonconformities.

   D.   Pending Applications:

      1.   This title and any amendment hereto shall apply to any application pending on the effective date hereof or such amendment in the same manner as though such application were filed after such effective date.

      2.   Within twenty (20) days following the effective date hereof, or any amendment hereto, any village official, department, board or commission then having pending before it any application to which this title, or any amendment hereto, applies pursuant to subsection D1 of this section shall transmit a copy of such application to the zoning administrator.

      3.   Within thirty (30) days following the effective date hereof, or any amendment hereto, the zoning administrator shall inform each applicant named on each application referred to him pursuant to subsection D2 of this section that said application is subject to the provisions of this title, as amended, and will be processed in accordance therewith; that the applicant may, within thirty (30) days following the mailing of such notice, refile, without additional fee, its application on the basis of this title, as amended; and that if the applicant does not so refile, its application may be denied for noncompliance with the provisions of this title, as amended.

      4.   Notwithstanding the provisions of subsections D2 and D3 of this section, it shall be the responsibility of each applicant having an application pending on the effective date hereof, or any amendment hereto, to modify such application in accordance with the terms and provisions of this title, as amended, and the failure to do so may, whether or not the procedures of said subsections have been followed, result in denial of such application for failure to comply with this title, as amended. Any modification or refiling of an application pending on such effective date in order to comply with the provisions of this title, as amended, shall be permitted at any time prior to the final disposition of such application and shall be permitted without payment of any additional fee.

      5.   Upon the refiling of any pending application as herein provided, or upon notification from the applicant that it will not refile or modify its application, or upon the expiration of sixty (60) days following the effective date hereof, or any amendment hereto, whichever occurs first, such pending application shall be processed in accordance with the terms of this title, as amended; provided, however, that the application requirements, hearing requirements and procedural requirements set forth in this title shall not apply to any such pending application, and each such application shall be processed in accordance with the application, hearing and procedural requirements that were in effect on the date such application was filed. Notwithstanding any other provisions of this subsection, the zoning administrator shall have the authority to request additional data, information or documentation for pending applications when, in his or her judgment, such additional data, information or documentation is necessary or appropriate to a full and proper consideration and disposition of such pending application. (Ord. 99-02, 1-7-1999)

   A.   Minimum Requirements: In their interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals and general welfare, as set forth in the provisions hereof establishing the intent and purpose of this title in general and its various sections in particular.

   B.   Most Restrictive Provisions Apply: When the provisions of this title impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this title shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this title, the provisions of such statute, other ordinance or regulation shall be controlling.

   C.   Cumulative Provisions: The provisions of this title shall be interpreted to be a cumulative of, and to impose limitations in addition to, all other codes, laws and ordinances in existence or which may be passed governing any subject matter of this title. The several provisions of this title shall also be interpreted to be cumulative of each other. To the greatest extent possible, the provisions of this title shall be construed to be consistent with, and not in conflict with, the provisions of such other codes, laws and ordinances, and each other, to the end that all such provisions may be given their fullest application.

   D.   Provisions Not A Consent, License Or Permit: The provisions of this title shall not be interpreted to be, or to grant, a consent, license or permit to use any property or to establish, locate, construct or maintain any structure or use, or to carry on any trade, industry, occupation or activity.

   E.   Unlawful Uses And Structures Not Validated: This title shall not be interpreted to validate or make lawful any unlawful use or structure existing upon the effective date hereof. Any such unlawful use or structure shall remain unlawful to the extent that said use or structure is in conflict with the provisions of this title. (Ord. 99-02, 1-7-1999)

   A.   The several provisions of this title shall be severable in accordance with the following rules:

      1.   If any court of competent jurisdiction shall adjudge any provisions of this title to be invalid, such judgment shall not affect any other provisions of this title.

      2.   If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular parcel of land, a particular structure or a particular use, such judgment shall not affect the application of said provision to any other land, structure or use.

   B.   Whenever the provisions of this title are declared invalid in their application to any particular parcel of land, the zoning map shall continue to show such parcel in the zoning district applicable thereto pursuant to this title unless and until such district is changed by an amendment adopted by the board of trustees; provided, however, that the parcel in question shall also be marked with a star or other distinctive marking to direct attention to the court decree affecting said parcel. The zoning administrator shall maintain a file of any such decrees. The provisions of any such decree shall be deemed to modify the otherwise applicable provisions of this title as they apply to said parcel to the extent provided in said decree, but said parcel shall otherwise remain subject to the provisions of this title. (Ord. 99-02, 1-7-1999)