3.1(1) In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion and protection of the public health, safety, morals and general welfare.

3.1(2) Where the conditions imposed by any provision of this ordinance upon the use of land or buildings or upon the bulk of buildings are more restrictive than comparable conditions imposed by any other provision of this ordinance 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.

3.1(3) This ordinance is not intended to abrogate any easement, covenant, or any other private agreement; provided that where the regulations of this ordinance are more restrictive, or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this ordinance shall govern.

3.1(4) No building, structure, or use which was not lawfully existing at the time of the adoption of this ordinance shall become or be made lawful solely by the reason of the adoption of this ordinance; and to the extent that, and in any manner that, said unlawful building, structure, or use is in conflict with the requirements of this ordinance, said building, structure or use remains unlawful hereunder.

3.2(1) If for any reason any one or more articles, sections, sentences, clauses or parts of this ordinance are held invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this ordinance but shall be confined in its operation to the specific articles, sections, sentences, clauses or parts of this ordinance held invalid and the invalidity of any article, section, sentence, clause or part of this ordinance in any one or more instance shall not affect or prejudice in any way the validity of this ordinance in any other instance.

3.2(2) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular property, building, or structure [to be invalid], such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment.

All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocations of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this zoning ordinance, which are applicable to the zoning districts in which such buildings, uses, or land shall be located.

In every zoning district except in the B-2 zone or in the case of a planned unit development, every building hereafter erected or structurally altered shall be located on one or more lots, and there shall be not more than one principal building on a lot.

3.5(1) The uses of land and the erection, alteration, and use of buildings or structures shall be limited to:

3.5(1)(a) Uses lawfully established and existing on the effective date of this ordinance;

3.5(1)(b) Uses permitted in the zoning district in which the land, building, or structure is to be located;

3.5(1)(c) Special uses in the zoning district in which the land, building, or structure is to be located;

3.5(1)(d) Non-conforming uses and those uses rendered non-conforming under the provisions of this comprehensive amendment, each of which shall be subject to the regulations of article X on non-conforming uses.

3.5(2) Where the construction of a building or structure has begun prior to the effective date of this ordinance and is being prosecuted to completion, said building or structure may be completed and occupied.

3.5(3) Where a building permit for a building or structure has been issued in accordance with the law prior to the effective date of this ordinance, said building or structure must be started within six weeks after said permit was issued and diligently prosecuted to completion in accordance with approved plans on the basis of which the building permit was issued; and, further, may upon completion be occupied under certificate of occupancy by the use originally designated, subject to the provisions of article X nonconforming uses.

3.6(1) New buildings or structures shall conform with the bulk regulations established by this ordinance for the district in which each such building or structure is located. Existing buildings or structures shall not be enlarged, reconstructed, structurally altered, converted, or relocated in such a manner as to conflict with the bulk regulations of this ordinance for the district in which such structures are located.

3.6(2) However, a lot of record at the time of the adoption of this ordinance in a residence district which does not meet the requirements of this ordinance as to area and width requirements may be used for a single-family detached dwelling in accordance with section 11.5(6)(b), provided it meets all the other requirements of this ordinance and other applicable village ordinances, regulations, and codes.

3.6(2)(a) Any adjoining lot or tract of land is held under common ownership or comes under common ownership with such exempted tracts of land subsequent to the effective date of this comprehensive amendment;

3.6(3) A lot of record existing on the effective date of this ordinance, as referred to above shall be as follows:

3.6(3)(a) In all zoning districts, a lot, parcel, or tract of land which was recorded in the office of the recorder of deeds of Cook County prior to the effective of this ordinance; or

3.6(3)(b) In all zoning districts, a lot in a subdivision which was so recorded after the effective date of this ordinance, provided a preliminary plat for such a subdivision had been given tentative approval, as required by the Subdivision Control Ordinance of Hillside prior to the effective date of this ordinance and a final plat had been submitted and approved by the village board and thereafter recorded in the office of the recorder of deeds of Cook County within the time periods required by such subdivision regulations for filing and application for final plat approval and for recording after approval.

3.6(4) The zoning administrator shall issue a zoning certificate for the erection of any building on a lot of record upon compliance with all of the foregoing provisions.

3.7(1) Required yards. Yards and other open spaces as required by this ordinance shall be located on the same lot or parcel as the principal building, structure, or use.

3.7(2) Through lots. On vacant through lots, the front lot line shall be along the street line designated by the zoning administrator expect [except] that when a front line has been established on one or more lots in the same block and all have front lines established along the same line, the same street line designating the front lot line for such lot or lots shall be the front lot line on all vacant through lots in such block. (See figure 4.) On any through lot, vacant or occupied, only those structural and use encroachments permitted under section 3.11 of this ordinance in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard.

3.7(3) Non-transferable. No legally required yards, open space, or lot area for any use or structure shall be used to satisfy yard, open space, or lot area requirements for any other structure or use.

3.7(4) Existing yards. No yards allocated to a building, structure, or use existing on the effective date of this ordinance shall be subsequently reduced or further reduced below the yard requirements of this ordinance, except a yard adjoining a street may be reduced in depth in the event and to the extent the right-of-way width of such a street adjoining such yard is subsequently increased.

3.7(5) Required yards for non-rectangular shaped lot. The required yards stipulated in this ordinance and subsequent amendments shall apply to lots which are rectangular. The zoning administrator shall determine, on a case-by-case basis, the yard requirements for non-rectangular lots, and the yard requirements of this ordinance shall not apply. Such determinations must not be in violation of building coverage requirements for the applicable zoning district.

3.8(1) Required setbacks. Setbacks are measured from the existing right-of-way line of the street or thoroughfare or from the proposed right-of-way line as designated on the official map of the village, and as duly established by other ordinances of the village or as established by county or state highway authorities, whichever has the greater right-of-way width requirements.

3.8(2) Established setbacks. When the established setback is of a depth other than herein required in the district in which the lot is located, the setback for each remaining lot along such street shall be the average of the setbacks already established on one of the adjacent lots, the setback shall be the average of the required front yard depth and the established setback on the other adjacent lot.

No lot containing a structure or use shall hereafter be divided in order to secure one or more additional lots for transfer of ownership and establishment of a principal use thereon, unless each lot, including also the lot containing the structure or use, resulting from such division, shall have the minimum lot area and lot width as required in this ordinance for the district in which the lot is located.

3.10(1) Establishment of accessory uses. Accessory structures and uses are permitted in the various districts, provided:

3.10(1)(a) An accessory use or structure shall be compatible with the principal use and shall not be establishment of the principal use;

3.10(1)(b) Accessory uses shall not include the keeping, propagation, or culture of pigeons, poultry, rabbits, bees, livestock, or other animals except household pets. The foregoing shall not apply on such lots where the pursuit of agriculture is a permitted principal use;

3.10(1)(c) Accessory buildings, structures, and uses shall not be erected or altered in required yards, courts, or other open areas except those that are herein permitted as encroachments in yards, courts, or other open areas in accordance with section 3.11;

3.10(1)(d) In residential districts, the accessory structures, including accessory buildings, taken together shall cover no more than ten percent of the lot.

3.10(1)(e) In residential districts, no garage serving a single family residential unit shall be greater than 14 feet in height or 24 feet by 24 feet in area. No detached garage shall be closer than ten feet to the main building, and no single family residential unit shall be served by more than one such private garage.

3.10(1)(f) In residential districts, no accessory building or structure other than a private swimming pool or a private garage shall exceed ten feet in height or 100 square feet in floor area.

3.10(1)(g) In any district, other than a residential district, no accessory building or structure shall exceed 25 feet in height;

3.10(1)(h) No structure shall be located closer to an adjourning [adjoining] lot line than the width of the side yard required for the adjoining lot except;

3.10(1)(h)(i) On corner lots - no structure shall be located nearer to the rear lot line than the distance of the required side yard for the lot adjoining the rear lot line; and no structure shall be located nearer to the side street line than the distance required for a side yard adjoining a street;

3.10(1)(h)(ii) On reversed corner lots - no accessory building or structure shall be located closer to the rear lot line than the distance equal to the minimum width of the side yard required for the zoning district in which the lot adjoining the rear lot line is located; and no accessory building or structure shall be located within 30 feet of the side street line.

3.10(1)(h)(iii) On through lots, no fence or accessory building or structure shall be located closer to the rear lot line adjoining a street than the distance required for a front yard.

3.10(1)(h)(iv) On lots whose rear lot lines adjoin an alley - no accessory structure shall be located nearer than three feet to the rear property line.

3.10(2) Temporary buildings. Temporary buildings for construction purposes may be erected and maintained for a period not to exceed the time of such construction and must be removed within 30 days after construction ends.

Permitted uses, special uses and their accessory structures and uses are allowed in yards in accordance with the following:

3.12(1) Permanency and occupancy. Recreational vehicles shall neither be permanently affixed to the ground nor occupied for dwelling purposes in any district. Establishments selling or servicing such vehicles may park or store recreational vehicles subject to all other provisions of this ordinance.

3.12(2) Parking and storage.

3.12(2)(a) Where permitted. In a residential district, one recreational vehicle, exclusive of the tow vehicle, owner [owned] by the occupant of the dwelling, and which is not more than 28 feet in length, exclusive of the tongue, eight feet in width and 11 feet in height, including the carrier, if any, may be stored in a garage, carport, or similar structure designed so as to substantially conceal the vehicle from the view of the adjoining property owners; or may be parked in the open on a lot within the buildable area or may be stored in the rear yard not closer than six feet to any building on the neighboring property and not closer than three feet to any property line.

3.12(2)(b) Duration. A recreational vehicle may be parked in a residential district in the front or side yard of a building on a paved surface for the express purpose of loading and unloading for a period not to exceed 36 hours unless an extension, not to exceed an additional 48 hours, shall be authorized by the chief of police or a shift commander of the Hillside Police Department.

3.12(3) Visible disrepair. No recreational vehicle as defined herein, which is in a state of externally visible disrepair or partial construction, shall be stored or parked in any lot except inside a garage or similar structure.

3.13(1) In a residential district, one commercial vehicle owned by the occupant of the dwelling, and which is not more than 230 inches in length and 85 inches in height, may be parked in the open on a lot within the buildable area or may be parked in the rear yard not closer than six feet to any building on the neighboring property and not closer than three feet to any property line, or regardless of length or height, may be parked in a garage, carport or screened shelter, or similar structure designed so as to substantially conceal the vehicle from the view of adjoining property owners.

3.13(2) In a residential district, only one such vehicle may be parked as provided above and no such vehicle shall be stored, and no contractor's equipment shall be parked or stored. Commercial vehicles with tools or materials of the trade, attached or exposed to the exterior, must be parked in the rear yard, carport or garage.

The open storage of disabled or damaged motor vehicles in excess of seven days, whether awaiting repair or not, is prohibited in all districts. The dumping or open storage of junk, refuse and scrap are prohibited. The disposal of organic waste material, including operation of a sanitary landfill is prohibited. The disposal of inorganic solid waste is prohibited, except in a solid waste landfill authorized under this ordinance.

Each use hereafter established which requires sewerage and water facilities shall be served by public sewerage and water systems.

3.16(1) Permit required. No person shall erect, alter or relocate any fence within the Village of Hillside without first obtaining a permit from the office of the zoning administrator, and making payment of the fee required in article XIII of this ordinance. The zoning administrator may grant or deny petitions for variations from the fencing limitations otherwise applicable under paragraphs 3.11(10), 3.11(11) and 3.16 of this ordinance, subject to an appeal to the zoning board of appeals by anyone aggrieved by the zoning administrator's decision.

3.16(2) Building code. All fences shall be constructed or erected in accordance with the applicable provisions of the building codes of the village.

3.16(3) Location of fences in residential districts.

3.16(3)(a) Front yard. Fences shall not be constructed or erected closer to any street or roadway than the front building line. Decorative shrubbery may be planted in the required front yard, provided it is not permitted to grow more than 24 inches in height.

3.16(3)(b) Side and rear yards. In all residential districts a fence may be erected or shrubbery planted along the property lines on the side and rear yards, provided, the fence so erected shall not be nearer than three inches, and the shrubbery shall not be planted nearer than 12 inches to a side property line.

3.16(3)(c) Additional requirements for corner lots. On a corner lot in a rectangular or substantially rectangular-shaped block, fences may be constructed or erected on the property line abutting the side street, provided that there are only two lots at the end of the block and that the houses, if any, built on the two end lots are not fronting on the side street, and provided further that the fence shall not extend closer to the street corner than the rear line of the principal structure located closest to the side street. For all other corner lots, a fence may not extend any closer to the side street than that point at which the house being fenced or the adjacent house fronting on the side street is closest to the side street.

3.16(4) Height in residential districts. Fences erected in residential districts shall not exceed six feet in height. However, upon a petition submitted by a residential property owner, the village board may, upon a majority vote, allow the owner to construct a fence of up to eight feet in height along a property line, adjacent to a non-residential district.

3.16(5) Special fences.

3.16(5)(a) Dog enclosures. A dog enclosure shall be permitted only within the rear of the principal building and shall be confined within the buildable area except where there is an alley abutting the property at the rear lot line, it shall be confined to the rear yard area. Such enclosures shall be constructed of chain link fencing not to exceed six feet in height, and 50 feet in total length for all walls.

3.16(5)(b) Electric current fences. Construction and maintenance of electric current fences shall be in conformance with provisions set forth in section 9.117 [74-18] of the Hillside Municipal Code.

3.16(6) Fences in business and industrial districts. All uses in B-1, M-1, M-2 and M-3 districts shall be fenced on each side adjoining or fronting on any residential district, or in other locations whenever required by the village board. Such fencing shall be of a wooden decorative type, so constructed as to obscure the view of activities inside the fence. As an alternative or in addition to a fence, the village board may require the planting of trees or densely planted evergreens. Fences shall not exceed eight feet when adjacent to residential districts, otherwise they shall not exceed ten feet; provided, however, in any instance, the village board may require a fence of a certain height which may be more or less than said height limitations where public safety would be better served. Additionally, the village board may order the removal of any fence not in compliance with this ordinance.

3.16(7) Orientation of fences. Whenever a fence is installed, it shall be oriented so that fence posts and the rough or unfinished side of the fence faces toward the interior of the lot.

(Ord. No. 97-19, § 1, 10-27-1997)

3.18(1) No person under the age of 21 years shall be allowed on the premises where an adult use is conducted.

3.18(2) During the hours of operation of an adult use, there shall be present a manager or other employee responsible for the operation of the premises who shall not be under the age of 21 years.

3.18(3) No adult use shall be located within 1,000 feet of any property on which a preexisting public or private school, place of worship, park or public playground is located or within 1,000 feet of any property zoned for any residence district (R-1, R-2, R-3 and R-4) or for any general business district (B-1) or planned shopping center district (B-2). Such distances shall be measured along a straight line without regard to intervening structures or uses from the nearest property line of the adult use to the nearest property line of such preexisting use or property zoned as residential, general business district or planned shopping center district.

Furthermore, no portion of any building serving any adult use shall be located within 300 feet of the nearest right of way line of one or more of the following roadways: Roosevelt Road, Harrison Street, South Frontage Road, North Frontage Road, Butterfield Road, Washington Boulevard, Mannheim Road and Darmstadt Road.

3.18(4) Any adult use establishment which contains booths for individual viewing of books, magazines, pictures, videos, motion pictures or the like shall have at least one side of the booth open for view to an adjacent public room. Partitions comprising the other walls of the booths shall be solid with no apertures.