This title shall be known and may be cited and referred to as the CITY OF HIGHWOOD ZONING ORDINANCE OF 2003. (Ord. 2003-O-15, 3-18-2003)

   A.   This title is adopted for the following purposes:

      1.   To protect and promote the physical, mental and public health, safety, comfort, morals, convenience and general welfare of the public.

      2.   Securing adequate natural light, unpolluted air, and safety from fire hazards, fire and other dangers.

      3.   Conserving the taxable value of land and buildings throughout the city.

   B.   To these ends, this title is designed to and intended to accomplish certain standards and objectives by:

      1.   Dividing the entire city into districts and restricting and regulating therein the location, construction, reconstruction, alteration, and use of buildings, structures, and land, whether for residence, business, manufacturing, or other specified uses.

      2.   Avoiding or lessening congestion in the public streets.

      3.   Preventing the overcrowding of land through regulating and limiting the height and bulk of buildings hereafter erected as related to land area.

      4.   Establishing, regulating, and limiting the building or setback lines on or along streets, alleys, or property lines.

      5.   Regulating and limiting the intensity of the use of lot areas, and regulating and determining the area of open spaces within and surrounding such buildings.

      6.   Establishing standards to which buildings or structures therein shall conform.

      7.   Prohibiting uses, buildings, or structures incompatible with the character of the residence, business, or manufacturing districts.

      8.   Preventing additions to and alterations or remodeling of existing buildings or structures in such a way to avoid the restrictions and limitations imposed hereunder.

      9.   Providing for the gradual elimination of those uses, buildings and structures which are incompatible with the character of the districts in which they are made or located, including, without being limited thereto:

         a.   Elimination of such uses of unimproved lands or lot areas when the existing rights of the persons in possession thereof are terminated or when the uses to which they are devoted are discontinued.

         b.   Elimination of uses to which such buildings and structures are devoted if they are adaptable for permitted use.

         c.   Elimination of such buildings and structures when they are destroyed or damaged in major part, as hereinafter provided, or when they have reached the age fixed herein by the corporate authorities of the city as to the normal useful life of such buildings or structures.

      10.   Providing for the acquisition by purchase, condemnation, or otherwise of buildings or structures which do not conform to the standards fixed by the city.

      11.   Defining and limiting the powers and duties of the administrative officers and bodies as provided hereinafter.

      12.   Prescribing penalties for the violation of the provisions of this title.

      13.   To regulate land uses pursuant to, and to accomplish the purpose of the comprehensive plan of the city. However, the comprehensive plan shall be advisory only and in and of itself shall not be construed or interpreted as regulating or controlling the use of any private property, and it is not the intent of the city that owners of private property should rely on recommendations in the comprehensive plan being translated into presently effective regulations. The decision as to whether and/or when particular elements of the comprehensive plan will be implemented in regulatory ordinances is reserved for the city council to make from time to time, taking into account, among other factors, the type of development that is contemplated, and the timing of such development in the context of the best advantage of the city as a whole.

      14.   Avoiding or lessening the hazards to persons and damage to property resulting from the accumulation or runoff of stormwater or floodwater.

      15.   To regulate land uses in accordance with the city master plan. (Ord. 2003-O-15, 3-18-2003)

   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, morals, and welfare.

   B.   More Restrictive Provisions Apply: Where the conditions imposed by any provision of this title 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 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.   Abrogation And Greater Restrictions: This title is not intended to abrogate any easement, covenant, or any other private agreement; provided, that where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the regulations of this title shall govern.

   D.   Unlawful Structures: No building, structure, or use which was not lawfully existing at the effective date 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 and shall not be considered a nonconforming use. (Ord. 2003-O-15, 3-18-2003)

   E.   Compliance With Provisions: Without compliance with this title, nothing contained in this title shall be deemed to be a consent, license, or permit to use any property, or to locate, construct, or maintain any building, structure, or facility, or to carry on any trade, industry, occupation, or activity. (Ord. 2003-O-15, 3-18-2003; amd. 2009 Code)

   F.   Provisions Are Additional: The provisions of this title are cumulative and additional limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter in this title.

   G.   Severability:

      1.   Each portion, clause, sentence, paragraph, and section of this title shall be deemed separate, and the invalidity of any portion, clause, sentence, paragraph, or section of this title shall not affect the validity of, or affect, impair or invalidate the remainder.

      2.   In the event any portion, clause, sentence, paragraph, or section of this title or the application thereof to any person or circumstance shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this title or its application.

      3.   If any provision of this title is capable of two (2) constructions, one of which would render this title invalid as to such provision and the other of which would make the agreement valid as to such provision, then the provision shall have the meaning which renders the agreement valid. (Ord. 2003-O-15, 3-18-2003)

   A.   Generally:

      1.   All buildings erected hereafter, all uses of land or buildings established hereafter, and all structural alteration or relocation of existing buildings 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.

      2.   The following regulations shall apply:

         a.   Mobile Homes:

            (1)   A mobile home shall not be permitted as an accessory building or structure.

            (2)   A mobile home shall not be erected, used, or maintained for dwelling or lodging uses.

         b.   Tents: No tent shall be erected, used, or maintained for dwelling or lodging uses.

      3.   Fences, walls, hedges, or shrubbery may be erected, placed, maintained, or grown along a lot line in accordance with regulations set forth in the applicable city ordinance.

      4.   Not more than one principal detached residential building shall be located on a lot, nor shall a principal detached residential building be located on the same lot with any other principal building.

      5.   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 construction is begun within six (6) 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, 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 9 of this title. (Ord. 2003-O-15, 3-18-2003)

      6.   All land which may hereafter be annexed to the city shall be automatically classified in the R-1 residential district pending a public hearing by the plan commission, or joint plan commission as to proposed annexation of land lying in Fort Sheridan, and final action by the city council. No buildings or structures shall be erected on such land until an ordinance establishing the zoning district classification shall have been passed by the city council. Such public hearing shall be held within sixty (60) days after the effective date of any such annexation, and final action thereon shall be taken by the city council within thirty (30) days after the last adjournment of the said public hearings. (Ord. 2003-O-15, 3-18-2003; amd. 2009 Code)

   B.   Lot Size Requirements:

      1.   No building or other structure shall hereafter be erected, altered or enlarged nor shall any use of land be established or enlarged on a lot which is smaller in area than the minimum lot area prescribed for the zoning district and/or use in which the building, structure or land is located.

      2.   No building or other structure shall hereafter be erected, altered or enlarged nor shall any use of land be established or enlarged on a tract of land the width of which is less than the minimum lot width prescribed for the zoning district in which the building, structure or land is located.

      3.   No building or other structure shall be converted so as to conflict, or further conflict, with the lot area per dwelling unit requirements for the district in which such building or structure is located.

      4.   No building containing dwelling units shall hereafter be converted unless the gross floor area, not including basement, when divided by the number of dwelling units within the building or structure, produces a quotient of at least one thousand five hundred (1,500) square feet.

   C.   Building Bulk Regulations:

      1.   No building or other structure shall hereafter be erected, altered or enlarged so as to exceed the lot coverage and/or impervious surface lot coverage percentage for the district in which the building or structure is located.

      2.   When a maximum building height is specified in any district or for any particular type of building or other structure, then no such building or structure shall hereafter be erected, altered or enlarged so as to exceed such maximum building height.

      3.   When a floor area ratio is specified in any district or for any particular type of building or other structure, then no such building or structure shall hereafter be erected, altered or enlarged so as to exceed such floor area ratio.

      4.   a. No building or other structure shall hereafter be erected, altered or enlarged nor shall any use of land be established or enlarged unless the coverage restrictions and the minimum front, side and rear yards specified for the district in which such building, structure or use of land is located are maintained. All additions to principal buildings including attached garages shall comply with the yard requirements for the principal building.

         b.   Notwithstanding the above, owners of existing one- and two- family dwellings that are built upon lots that do not meet the minimum lot width, depth or area requirements for the zoning district may erect or maintain one accessory structure, the area of which, when added to the principal structure, does not exceed a lot coverage of thirty five percent (35%), and otherwise complies with all other requirements of the building codes and this title. (Ord. 2003-O-15, 3-18-2003)

   A.   Scope: The provisions of this section shall apply to all accessory buildings permitted under this title. (Ord. 2003-O-15, 3-18-2003)

   B.   Height: No accessory building or garage shall hereafter be erected, altered, relocated or enlarged so as to exceed fifteen feet (15') in height; except, that this limitation shall not apply to private garages which are attached to the principal building; public garages (in any business district); storage garages (in any business district); and bus or truck garages (in any business district). (Ord. 2003-O-15, 3-18-2003; amd. 2009 Code)

   C.   Construction And Occupancy Of Principal Building Required: No accessory building or structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal building to which it is accessory.

   D.   Location; Setbacks:

      1.   Any accessory building shall be located in a rear yard. Notwithstanding any other rear yard or side yard setback, such accessory building is permitted to be located no less than five feet (5') from the rear or side yard lot line in any residential district. Further provided, that the overhang of any accessory building is permitted to be no less than three feet (3') from any rear or side yard lot line.

      2.   An accessory building shall be no closer than ten feet (10') from any principal building on the immediate or attached lot unless attached and a part of such principal building.

   E.   Lot Coverage: Notwithstanding the provisions of subsection 11-1-4C4 of this chapter, existing one- and two-family dwellings that are built upon lots that do not meet the minimum lot width, depth or area requirements for the zoning district may erect or maintain one accessory structure, the area of which, when added to the principal structure, does not exceed a lot coverage of thirty five percent (35%), and otherwise complies with all other requirements of the building codes and this title.

   F.   Termination Of Use: No accessory building or use shall continue after the principal use or structure has been terminated, unless such accessory building or use thereafter conforms to all regulations of the zoning district in which it is located. (Ord. 2003-O-15, 3-18-2003)

   A.   No portion of a building or structure in a residential district which is designated as, or may be converted to, use as a private garage may face the street or public way if such garage is attached to the principal structure and exceeds thirty three and one-third percent (331/3%) of the dimension of the building or structure facing any street or public way (331/3 percent of the total length of such facade). The above shall not apply to a private garage located in a side yard, so long as the garage is located in the front yard, and the front facade of the structure complies with the provisions of this section.

Kitchens: Cooking facilities, kitchen or kitchen facilities shall not be permitted in any habitable space or basement unless approved as a kitchen area through a certificate of occupancy. No cooking facility, kitchen or kitchen facilities or appliance shall be permitted to be present and/or in use in any other habitable space or basement unless specifically approved in writing by the zoning administrator. (Ord. 2003-O-15, 3-18-2003; amd. Ord. 21-O-26, 10-19-2021)