In order to carry out the purpose and provisions of this chapter, the Village of Lindenhurst is hereby divided into the following zoning districts.

   (A)   Residential Districts:

      (1)   E Estate Single-Family Residential District

      (2)   SE Suburban Estate Single-Family Residential District

      (3)   S Suburban Single-Family Residential District

      (4)   R-1 Suburban Neighborhood Conservancy District

      (5)   R-2 Multiple-Family Restricted Dwelling District

      (6)   R-3 Multiple-Family Dwelling District

      (7)   R-4 Multiple-Family Dwelling District

   (B)   Business Districts:

      (1)   NB Neighborhood Business District

      (2)   CB Community Business District

      (3)   CBR-2 Community Business and Residential District 2

      (4)   PBC Planned Business Center District

      (5)   O Office District

   (C)   Industrial Districts:

      (1)   BK Business Park District

      (2)   M Limited Manufacturing District

   (D)   Public And Semi-Public Districts:

      (1)   I Institutional District

      (2)   RO Recreation and Open Space District

   (E)   Planned Unit Development Districts: Planned unit development districts approved prior to the effective date of this chapter (February 27, 2017), see division 159-9.102(C) of this chapter.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Map Incorporated: The location and boundaries of the zoning districts established by this chapter are as shown on a map entitled "Zoning Map of the Village of Lindenhurst, Illinois", hereinafter referred to as the zoning map, which is by this reference incorporated as part of this chapter. All notations, references, and other information shown on the zoning map, and all amendments thereto, will be as much a part of this chapter as if specifically set forth and literally described herein.

   (B)   Omitted Land: It is the intent of this chapter that the entire area of the Village, including all land and water areas, be included in the districts established by this chapter. Any area lying within the Village but not shown on the zoning map as being included in such a district will be deemed to be, and it is hereby, classified in the E Estate District.

   (C)   Maintenance And Availability Of Zoning Map: The official copy of the zoning map will be maintained by the Zoning Administrator and shall be available for public inspection during Village business hours at the Village Hall. Any amendment to zoning district boundaries or any change in any other information shown on the zoning map made by amendment to this chapter shall be indicated on the official copy of the zoning map.

   (D)   Annual Publication Of Zoning Map: A revised, up-to-date copy of the zoning map, inclusive of all amendments and drawn to a convenient scale, will be published and made available for sale at the Village Hall.

(Ord. 17-2-2065, passed 2-27-2017)

In the event that any uncertainty exists with respect to the intended boundaries of the various districts as shown on the zoning map, the following rules apply.

   (A)   The district boundaries are the centerlines of tollways, expressways, highways, streets, alleys, waterways, railroads, and other rights-of-way unless otherwise indicated. When the designation of a boundary line on the zoning map coincides with the location of any right-of-way, the centerline of such right- of-way will be construed to be the boundary of the district.

   (B)   When a district boundary does not coincide with the location of the centerline of any right-of-way but does coincide with a lot line, the lot line will be construed to be the boundary of the district.

   (C)   When a district boundary does not coincide with the location of the centerline of any right-of-way or with a lot line, the district boundary will be determined by the use of the scale shown on the zoning map.

   (D)   The split zoning of any newly created lot or parcel into more than 1 zoning district will not be allowed.

(Ord. 17-2-2065, passed 2-27-2017)

All streets, alleys, public ways, waterways, and railroad rights- of-way, if not otherwise specifically designated, will be deemed to be in the same zoning district as the property immediately abutting such alleys, streets, public ways, waterways, and railroad rights-of-way. Where the centerline of a street, alley, public way, waterway, or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, will be deemed to be the same as that of the abutting property up to such centerline.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Annexation Of Land: All land annexed to the Village after the effective date of this chapter shall be classified automatically upon annexation in the E Estate District.

   (B)   Application For Different Classification: When any land is classified pursuant to this section, it shall remain so classified unless and until an application to amend the classification is filed and granted pursuant to § 159-2.306 of this chapter. An application for reclassification may be filed prior to or contemporaneously with the annexation of the land in question.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Use: No building, structure, or land may hereafter be used or occupied, and no building or part thereof, or other structure, may be erected, raised, moved, reconstructed, extended, enlarged, or altered except in conformity with the regulations specified for the district in which it is located.

   (B)   Bulk: All new buildings and structures must conform to the building regulations established for the district in which each building is located.

   (C)   Continued Conformity: Required yards, open space, and minimum lot area are a continuing obligation on the owner of the building or property on which it is located. Furthermore, no legally required yard, court, or other open space or minimum lot area allocated to any building may, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other building.

   (D)   Division Of Zoning Lot: No zoning lot may be divided into 2 or more zoning lots unless all zoning lots resulting from the division conform to all applicable bulk regulations of the underlying zoning district. However, with respect to the resubdivision of improved zoning lots in R-2 and R-3 Districts, side yard requirements shall not apply between attached buildings.

   (E)   Location Of Required Open Space: All yards, courts, and other open spaces allocated to a building or dwelling group must be located on the same zoning lot as the building or dwelling group.

   (F)   Required Yards For Existing Buildings: No yards, now or hereafter provided for an existing building, may subsequently be reduced below, or further reduced below, if already less than, the minimum yard requirements of the zoning district in which it is located.

   (G)   Permitted Exceptions To Bulk Requirements:

      (1)   Height Exceptions. No building or other structure may exceed the maximum building height required by the underlying zoning district except for:

         (a)   Architectural projections such as spires, steeples, belfries, parapet walls, cupolas, domes, flues, and chimneys are exempt from the height limitations of this chapter.

         (b)   Special structures such as elevator penthouses, gas tanks, grain elevators, observation towers, and scenery lofts, manufacturing equipment and necessary appurtenances, cooling towers, fire towers, substations, and smokestacks are exempt from the height limitations of this chapter.

         (c)   Essential services, utilities, water towers, and electric power and communication transmission lines are exempt from the height limitations of this chapter.

         (d)   Structures such as radio and television transmission and relay towers, aerials, and radio and television receiving and transmitting antennas, not including ground and building mounted earth station dish antennas, shall not exceed a height of 3 times their distance from the nearest lot line except as may otherwise be provided in this chapter. Ground mounted earth station dish antennas shall not exceed a height of 15 feet. Building mounted earth station dish antennas may not exceed the maximum height regulation of the district in which they are located.

         (e)   Public and semipublic facilities, such as schools, churches, hospitals, monuments, sanatoriums, libraries, and governmental offices and stations, may be erected to a height of 60 feet, provided all required yards are increased not less than 1 foot for each foot the structure exceeds the district's maximum height requirement.

      (2)   Permitted Obstructions In Required Yards. All required yards must be unobstructed from ground level to the sky except for the following permitted obstructions when located in the specified yard in table 159-3.201 of this division.

 

 

 

Note:

   1.    This table does not supersede any PUD covenants and/or deed restrictions or any other covenants and/or deed restrictions which are more restrictive.

      (3)   Limited Exemption Of Wireless Communications Towers. The following wireless communications towers, antennas, and associated accessory structures and facilities are exempt from the provisions of this chapter:

         (a)   A ground or building mounted receive-only radio or television antenna which does not exceed 40 feet in height and which is used solely by the occupants of a dwelling located in a residential zoning district. In residential zoning districts there shall be no more than 1 tower per lot.

         (b)   A ground or building mounted receive-only radio or television satellite dish which does not exceed 1 meter in diameter in any zoning district.

         (c)   A citizens band radio tower and antenna which does not exceed 40 feet in height.

         (d)   A tower and antenna(s) used in the amateur radio service which does not exceed 75 feet in height.

         (e)   Microwave dish antennas for private home use.

         (f)   Governmentally owned and operated receive and/or transmit telemetry station antennas as typically used in supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, stormwater, pump stations and/or irrigation systems, with heights not exceeding 35 feet.

         (g)   Towers, equipment facilities, and antennas that existed prior to November 8, 2004.

         (h)   Governmental owned and/or operated wireless communications towers, antennas, and associated accessory structures and facilities including those owned by the Village of Lindenhurst.

(Ord. 17-2-2065, passed 2-27-2017)

All principal buildings must be located on a zoning lot. Only 1 principal building may be located, erected, or moved onto a lot in the E, SE, S, R-1, R-2, and R-3 Residential Zoning Districts and M and O Nonresidential Zoning Districts. This section does not apply to condominium plats in the R-3 Residential Zoning District.

(Ord. 17-2-2065, passed 2-27-2017)

An area indicated on the Village official zoning map as a public park, public recreation area, public school site, cemetery, or other similar public or semipublic open space, may not be used for any other purpose than that designated. When the use of the specific area is discontinued, it shall be considered for potential rezoning into a zoning district which is consistent with the land use district set forth for that area in the Village Comprehensive Plan.

(Ord. 17-2-2065, passed 2-27-2017)

When a use is not specifically listed a "permitted use", "special use", "accessory use", or "temporary use" it will be assumed that such a use is expressly prohibited unless by a written decision of the Zoning Administrator it is determined that the use is similar to, and not a more measurably intense use, than the use listed.

(Ord. 17-2-2065, passed 2-27-2017)

   No cannabis business establishment shall be permitted to be located in the Village except that a cannabis craft grower or cannabis infuser is allowed in the BK zoning district subject to issuance of a special use permit, and that a cannabis dispensary is allowed in the CB and BK zoning districts subject to the issuance of a special use permit, as authorized in § 159-5.103 and in accordance with § 159-2.307 of this code. For purposes of this title, “cannabis business establishments” are as defined in § 159-9.200 of this code and includes craft growers, cultivation centers, dispensing organizations or dispensaries, infuser organizations or infusers, on-premises cannabis consumption establishments, processing organizations or processors, transporting organizations or transporters, and such other cannabis business establishments that may be authorized by the Cannabis Regulation and Tax Act.

(Ord. 19-12-2145, passed 12-9-2019; Am. Ord. 20-8-2171, passed 8-10-2020; Am. Ord. 21-11-2220, 11-22-2021)