This chapter shall be known, cited and referred to as the Hanover Park Comprehensive Zoning Ordinance. This ordinance shall become effective on October 17, 1991.

(Code 1975, ch. 27, § 1.1)

This chapter is adopted pursuant to the home rule authority granted to the village by article VII, section 6 of the Illinois Constitution of 1970 for the following purposes:

1.2.1. To promote and protect the public health, safety, morals, comfort, and general welfare of the people;

1.2.2. To divide the village into districts restricting and regulating therein the location, erection, construction, reconstruction, alteration, and use of buildings, structures, and land for residential, commercial, industrial, and other specified uses;

1.2.3. To protect the character and the stability of the residential, commercial, and industrial areas within the village and to promote the orderly and beneficial development of such areas;

1.2.4. To provide adequate light, air, privacy, and convenience of access to property;

1.2.5. To prevent additions, alterations, or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations hereunder;

1.2.6. To limit congestion in the public streets and protect the public health, safety, convenience, and general welfare ensuring efficient traffic circulation by providing for off-street parking of motor vehicles and the loading and unloading of commercial vehicles;

1.2.7. To protect against fire, explosion, noxious fumes, and other hazards, which threaten public health, safety, comfort, and general welfare;

1.2.8. To prevent the overcrowding of land and undue concentrations of buildings and structures so far as it is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them;

1.2.9. To conserve and enhance the value of land and improvements throughout the village;

1.2.10. To provide for the gradual elimination of nonconforming buildings, structures, and uses of buildings, structures, or land;

1.2.11. To define the powers and duties of the administrative officers and bodies as provided herein;

1.2.12. To prescribe the penalties for the violation of the provisions of this chapter or any amendments thereto;

1.2.13. To protect the air, water, and land resources of the village from the hazards of pollution;

1.2.14. To protect the land and buildings and the lawful use of land and buildings from natural hazards including flooding and erosion;

1.2.15. To preserve and enhance aesthetic and historic values throughout the village;

1.2.16. To promote the redevelopment of underutilized commercial properties to increase the tax base in a manner consistent with community land use policies and the Hanover Park comprehensive plan;

1.2.17. To regulate the use and development of land in a manner consistent with the goals and policies of the Hanover Park comprehensive plan;

1.2.18. To promote and encourage subdivision and building designs that will accommodate and provide adequate access for the physically handicapped.

(Code 1975, ch. 27, § 1.2)

1.3.1. This chapter shall apply to all property in the village, including that owned by other municipal corporations and governmental bodies.

1.3.2. Except as otherwise provided by this chapter, no building, structure, or land shall be used or occupied, and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered, unless in conformity with the provisions of this chapter governing the zoning district in which it is located. No lot of record that did not exist as of the effective date of this chapter shall be created by subdivision or otherwise that does not conform to the requirements of this chapter for the zoning district in which the land is located.

1.3.3. Minimum requirements. The provisions herein shall be held to be the minimum requirements for the promotion of public health, safety, morals, and welfare.

1.3.4. Effect of existing agreements. This chapter is not intended to abrogate any easement, covenant, or another private agreement, provided that where the regulations of the chapter are more restrictive (or impose higher standards of requirements) than such easements, covenants, or other private agreements, the requirements herein shall govern.

(Code 1975, ch. 27, § 1.3)

1.4.1. Existing nonconforming uses or structures. A structure or use existing at the time of the adoption of this chapter which was nonconforming pursuant to the village codes and regulations repealed by adoption of this chapter is hereby deemed lawful as of the effective date of this chapter provided that it conforms with all of the requirements of this chapter. However, if such structure or use does not conform with all of the requirements of this chapter, such structure or use remains nonconforming hereunder.

1.4.2. Existing permitted uses. When a lot is used lawfully on the effective date of this chapter, and this chapter classifies such use as a "permitted use" in the zoning district in which it is located, such use is hereby deemed a lawful permitted use for the purposes of this chapter.

1.4.3. Existing special uses. When a lot is used lawfully on the effective date of this chapter, and this chapter classifies such use as a "special use" in the zoning district in which it is located, such use is hereby deemed a lawful special use for the purposes of this chapter. If the use was approved as a special use prior to the effective date of this chapter, and if the approval of such special use was subject to one or more conditions, those conditions shall continue in full force and effect unless a new or amended special use approval is obtained in accordance with this chapter.

1.4.4. Addition to, expansion of, or change of use in existing special uses. Any addition to or expansion of a lawful special use shall be permitted only in accordance with the same procedures as those required by this chapter for a new special use. Any change in a lawful special use to a new use shall be permitted only if this chapter classifies the new use as a permitted use or special use in the zoning district and only in accordance with the approval procedures set forth in this chapter for such permitted or special use.

1.4.5. Uses rendered nonconforming. When a lot is used for a purpose that was a lawful use before the effective date of this chapter, and this chapter, or any amendment thereto, no longer classifies such use as either a permitted use or special use in the zoning district in which it is located, such use is hereby deemed a legal nonconforming use and shall be controlled by the provisions of article VII of this chapter.

1.4.6. Buildings, structures and lots rendered nonconforming. Where any building, structure, or lot that existed on the effective date of this chapter does not meet all standards set forth in this chapter, or any amendment thereto, such building, structure, or lot is hereby deemed nonconforming and shall be controlled by the provisions of article VII of this chapter.

1.4.7. Previously issued building permits. When a building permit for a building or structure has been lawfully issued prior to the effective date of this chapter, and when construction has begun within 90 days of such effective date and is being diligently pursued to completion, the building or structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under a certificate of occupancy for the use originally intended. However, if such building or structure is not in conformity with all the provisions of this chapter, it shall be deemed nonconforming, and shall be subject to the provisions of article VII of this chapter.

1.4.8. Previously granted variations. All variations granted by the president and board of trustees prior to the effective date of this chapter shall remain in full force and effect, subject to the provisions of section 110-4.7.

(Code 1975, ch. 27, § 1.4)

The boundaries of the zoning districts established by this chapter are shown on the zoning district map which, with all notations, references, and other information shown thereon, is hereby incorporated into and made part of this chapter. As part of this chapter, the zoning district map shall be amended only in accordance with the procedures set forth in section 110-4.8 of this chapter.

(Code 1975, ch. 27, § 1.5)

It is hereby declared to be the intention of the village that the several provisions of this chapter are separable in accordance with the following:

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

1.6.2. 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 provisions to any other property, building, or structure not specifically included in said judgment.

(Code 1975, ch. 27, § 1.6)

Where the conditions imposed by any provision herein 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 herein or any other law, ordinance, resolution, rule or regulation of any kind, the regulations that are more restrictive (or impose higher standards of requirements) shall govern.

(Code 1975, ch. 27, § 1.7)

This chapter is adopted pursuant to the home rule authority granted to the village by article VII, section 6 of the Illinois Constitution of 1970 and supercedes division 12, "Plan Commission" and division 13, "Zoning" of the Illinois Municipal Code (65 ILCS 5/1-1-1 et seq.) unless expressly preempted by the state as a limitation of the village's home rule authority.

(Ord. No. O-02-27, § 2, 8-1-2002)