The official name of this document (Title 5) is the “Zoning Ordinance of the Village of Lisle, Illinois.” For convenience, it is referred to throughout this title as the “Zoning Ordinance.” (Ord. 2021-4931, 11-15-2021)

This Zoning Ordinance is adopted pursuant to the powers granted and limitations imposed by Illinois law, including 65 ILCS 5/. (Ord. 2021-4931, 11-15-2021)

The provisions of this Zoning Ordinance become effective on January 1, 2022, except as otherwise expressly stated. (Ord. 2021-4931, 11-15-2021)

The provisions of this Zoning Ordinance apply to all public and private development within the Village, except as provided by state or federal law or as otherwise expressly stated in this Zoning Ordinance. (Ord. 2021-4931, 11-15-2021)

   (A)   Public utility exemptions. The provisions of this Zoning Ordinance shall not be exercised to impose regulations on any of the following:

      1.   The type or location of any underground installations, poles, towers, wires, cables, conduits, vaults, laterals or other similar distributing equipment of a public utility as defined in the Public Utilities Act, if the public utility is subject to the Messages Tax Act, the Gas Revenue Tax Act or the Public Utilities Revenue Act, or if such facilities or equipment are located in any rights-of-way and are used for railroad purposes; or

      2.   Uses, buildings, or structures of a public utility as defined in the Public Utilities Act.

   (B)   FERC-regulated pipeline exemptions. Pipelines subject to regulation by the Federal Energy Regulatory Commission (FERC) and above-ground equipment associated with such pipelines are permitted in all zoning districts and are exempt from compliance with minimum lot area, lot width and setback regulations. (Ord. 2021-4931, 11-15-2021)

This Zoning Ordinance is adopted for the purposes of:

   (A)   To protect the public health, safety, comfort and general welfare of the citizens of the Village;

   (B)   To protect the stability of the residential and business areas within the Village and to promote the orderly and beneficial development of such areas;

   (C)   To conserve the values of property throughout the Village;

   (D)   To provide adequate light, air, privacy and convenience of access to property;

   (E)   To regulate the intensity of use of lot areas, and to determine the area of open space surrounding buildings which is necessary to provide adequate light and air, and to protect the public health;

   (F)   To divide the Village into districts of such number, shape, area and of such different classes, according to the use of land and buildings, the height and bulk of buildings, the intensity of use, and the area of open spaces;

   (G)   To establish building lines and the location of buildings designed for residential and business or other uses within such areas;

   (H)   To prohibit locations and use of buildings or structures and uses of land that are incompatible with the type of development for specified districts of the Village;

   (I)   To prevent additions and alterations to or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed hereunder;

   (J)   To protect against fire, explosion, noxious fumes and other dangers;

   (K)   To limit congestion in the public streets and to protect the public health, safety, convenience and general welfare by providing for the off-street parking of motor vehicles and the loading and unloading of commercial vehicles;

   (L)   To fix reasonable standards to which buildings and structures shall conform;

   (M)   To conserve the taxable value of land and buildings throughout the Village;

   (N)   To lessen the hazard to persons and damage to property resulting from the accumulation or runoff of storm or flood waters;

   (O)   To facilitate and insure the preservation of sites, areas and structures of historical, architectural and aesthetic importance;

   (P)   To provide for the gradual elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of existing or desirable development in each district;

   (Q)   To define the limits, powers and duties of administrative officers and bodies as provided herein;

   (R)   To implement the policies and goals contained in the comprehensive plan and other officially adopted plans of the Village;

   (S)   To accommodate and promote sustainable building and development practices;

   (T)   To require provisions for safe and adequate circulation of motor vehicles, bicyclists, and pedestrians;

   (U)   To provide for the opportunity to create a variety of housing opportunities and life styles, employment, industrial, commercial enterprises, and recreational opportunities;

   (V)   To require provisions that promote adequate police and fire protection;

   (W)   To require provisions for adequate and essential facilities, services, utilities, and facilities necessary for public use. (Ord. 2021-4931, 11-15-2021; amd. Ord. 2023-5042, 12-18-2023)

   (A)   The provisions of this Zoning Ordinance are the minimum requirements deemed necessary to carry out the zoning ordinance’s stated purposes.

   (B)   In addition to the requirements of this Zoning Ordinance, all uses, development, and construction activities must comply with all other applicable ordinances, laws and regulations of the Village.

   (C)   All references in this Zoning Ordinance to other governmental regulations are for informational purposes only and do not necessarily constitute a complete list of other applicable regulations. These references do not imply responsibility for the Village to enforce regulations imposed by other government authorities. (Ord. 2021-4931, 11-15-2021)

   (A)   Structures and land shall not be occupied, used, erected, reconstructed, structurally altered, or enlarged, and uses shall not be located, commenced or continued, unless such structure or use complies with all applicable zoning ordinance provisions.

   (B)   Building permits, certificates of occupancy, or other required permits or licenses, shall not be approved, and permits or licenses shall not be issued by the Village that would authorize the use or change in use of any land or structure contrary to the provisions of this Zoning Ordinance, or for the erection, moving, alteration, enlargement or occupancy of any structure designed or intended to be used for a purpose or in a manner contrary to the provisions of this Zoning Ordinance.

   (C)   Lots shall not be divided into 2 or more lots unless all lots resulting from the division or sale and all improvements on such lots comply with the lot and building standards of the subject zoning district. (Ord. 2021-4931, 11-15-2021)

   (A)   Conflict with State or Federal Regulations. If the provisions of this Zoning Ordinance are inconsistent with those of the state or federal government, the more restrictive provision governs, to the extent allowed by law. The more restrictive provision is the one that imposes more stringent controls.

   (B)   Conflict with Other Village Regulations. If the provisions of this Zoning Ordinance are inconsistent with one another or if they conflict with provisions found in other adopted ordinances or regulations of the Village, the more restrictive provision governs unless otherwise expressly stated. The more restrictive provision is the one that imposes more stringent controls.

      1.   Provisions of this Zoning Ordinance shall not be used in determining classification of construction types, occupancy, or use for the purpose of determining the application of the Village’s adopted building codes.

   (C)   Conflict with Private Agreements. This Zoning Ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this Zoning Ordinance impose a greater restriction than imposed by an agreement or covenant among private parties, the provisions of this Zoning Ordinance govern. *(Ord. 2021-4931, 11-15-2021)

   (A)   Meanings and Intent. The language of this Zoning Ordinance must be read literally. Regulations are no more or less strict than stated. Words and terms expressly defined in this Zoning Ordinance have the specific meanings assigned unless the context indicates another meaning. General usage terms that are not expressly defined in this Zoning Ordinance have the meaning given in the latest edition of Merriam-Webster’s Dictionary.

   (B)   Public Officials and Agencies. All employees, public officials, bodies and agencies to which references are made are those of the Village of Lisle unless otherwise expressly stated.

   (C)   Computation of Time

      1.   References to “days” are to calendar days unless otherwise expressly stated. References to “business days” are references to regular Village government working days, excluding Saturdays, Sundays and holidays observed by Village government.

      2.   The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or holiday observed by Village government, that day is excluded.

      3.   A day concludes at the close of business of Village Hall and any materials received after that time will be considered to have been received the following day.

   (D)   Tenses and Usage

      1.   Words used in the singular include the plural. The reverse is also true.

      2.   Words used in the present tense include the future tense. The reverse is also true.

      3.   The words “must,” “will,” and “shall” are mandatory.

      4.   The words “should”, “may” are advisory, not mandatory or required.

      5.   When used with numbers, “up to x,” “not more than x” and “a maximum of x” all include “x.”

      6.   The word “person” includes a firm, association, organization, partnership, trust company or corporation, as well as an individual.

      7.   The words “used” and “occupied” include “intended, designed or arranged to be used or occupied.”

   (E)   Conjunctions. Unless the context otherwise expressly indicates, conjunctions have the following meanings:

      1.   “and” indicates that all connected items or provisions apply; and

      2.   “or” indicates that the connected items or provisions may apply singularly or in combination.

   (F)   Headings and Illustrations. Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this Zoning Ordinance. In case of any difference of meaning or implication between the text of this Zoning Ordinance and any heading, drawing, table, figure or illustration, the text governs.

   (G)   Current Versions. All references in this Zoning Ordinance to other Village, state or federal regulations refer to the most current version of those regulations in effect at the time of interpretation.

   (H)   Lists and Examples. Unless otherwise expressly indicated, lists of items or examples that use “including,” “such as,” or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities. (Ord. 2021-4931, 11-15-2021)

   (A)   Official Zoning Map. In accordance with 65 ILCS 5/11-13-19, the Village Board shall cause to be published no later than March 31 of each year a zoning map clearly showing the existing zoning, divisions, restrictions, regulations and classifications of the Village for the preceding calendar year.

   (B)   Zoning Map Maintenance. The Zoning Administrator is responsible for directing revisions to the Village’s geographic information system and the official zoning map to reflect zoning map amendments after the effective date of zoning map amendments. No unauthorized person shall alter or modify the Village’s geographic information system or official zoning map. The Zoning Administrator may authorize printed copies of the official zoning map to be produced and maintain digital or printed copies of superseded versions of the official zoning map for historical reference.

   (C)   Zoning district boundary lines must be described by legal description or by a map that accompanies the ordinance establishing the district or amending the district boundaries. When a legal description is used, the zoning district boundary is deemed to extend to the centerline of abutting streets. When a map is used, district boundary lines must be established by dimensions, property lines, recorded lot lines, or the centerline of abutting streets, alleys, or railroad rights-of-way, as those features were of record at the time of adoption.

   (D)   Zoning Map Interpretations. Where any uncertainty exists about a zoning boundary, the legal description governs. When there is no legal description of the zoning district boundary, the Zoning Administrator is authorized to make an interpretation of the zoning map using the following rules of interpretation or refer the matter to the Planning and Zoning Commission, in which case they must also use the following rules of interpretation:

      1.   A boundary shown on the zoning map as approximately following lot lines or section lines will be construed as following those lot lines or section lines.

      2.   A boundary shown on the zoning map as approximately following a street, alley or railroad line will be construed as following the centerline of the street, alley or railroad right-of-way.

      3.   A boundary shown on the zoning map as approximately following the boundary of a municipality will be construed as following that boundary.

      4.   A boundary shown on the zoning map as approximately following the shoreline or centerline of a river, stream, lake or other water body will be construed as following the actual shoreline or centerline of that water body. If, subsequent to the establishment of the boundary, the shoreline or centerline of the watercourse moves as a result of natural processes (flooding, erosion, sedimentation, etc.), the boundary will be construed as moving with the shoreline or centerline of the water body.

      5.   A boundary shown on the zoning map as approximately parallel to, or as an apparent extension of, a feature described above will be construed as being actually parallel to, or an extension of, the feature.

   (E)   Split-zoned lots. The zoning map shall not be amended to classify a single lot into two or more base zoning districts.

      1.   The split zoning of any newly created lot (into more than one base zoning district classification) is prohibited.

      2.   When an existing lot is classified in two or more base zoning classifications prior to the effective date of this ordinance, the more restrictive provisions of the subject zoning districts, including but not limited to, use, parking, signs, setbacks, height and other lot and building regulations, shall be applied to the entire lot.

   (F)   Zoning of Public Ways and Rights-of-way. All streets, alleys, public ways and railroad rights-of-way, if not otherwise specifically designated, will be deemed to be in the same zoning district as the property in the most restrictive classification immediately abutting the street, alley, public way or railroad rights-of-way. If the centerline of a street, alley, public way or railroad right-of-way serves as a zoning 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 the centerline.

      1.   Whenever any street, alley or other public way is vacated by official action of the Village Board, the zoning district adjoining each side of such street, alley or public way is automatically extended to the centerline of such a vacation (or to the reversionary owner should such reversionary rights be different than the centerline of the right-of-way).

   (G)   Zoning of Annexed Land. When land is annexed or otherwise brought into the zoning jurisdiction of the Village, it is automatically classified in the R-1 zoning district. (Ord. 2021-4931, 11-15-2021)

The provisions of this section address the transition from the previous zoning ordinance (the one in effect before the effective date of this Zoning Ordinance).

   (A)   Applications, Permits and Approvals. Any building, development or structure for which a building permit was issued or a complete permit application had been accepted for processing before the effective date of this Zoning Ordinance may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not comply with provisions of this Zoning Ordinance. If the building is not commenced within the time allowed under the original building permit, the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this Zoning Ordinance.

   (B)   Applications for special uses, variations or other zoning approvals that were submitted in complete form and are pending approval before the effective date of this ordinance must be reviewed wholly under the terms of the zoning ordinance in effect immediately before the effective date of this Zoning Ordinance. Building permits for construction and development approved under such zoning approvals may be issued even if such building, development or structure does not fully comply with provisions of this Zoning Ordinance. If building is not commenced within the time allowed under the building permit, then the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this Zoning Ordinance.

   (C)   When a use classified as a special use under this Zoning Ordinance exists as a permitted use on the effective date of this Zoning Ordinance, that use will be considered a lawfully established special use under this Zoning Ordinance.

   (D)   When an approved variance or special use has been lawfully established prior to the effective date of this Zoning Ordinance, such variance or special use shall be deemed valid subject to any conditions placed thereon at the time of approval.

   (E)   When any amendment to this Zoning Ordinance changes the classification of a permitted use to a special use, any use lawfully established before such amendment will be considered a lawfully established special use after the effective date of the amendment.

   (F)   A lawfully established existing use that is not allowed as a special use or permitted use in the district in which the use is now located under this Zoning Ordinance will be considered a nonconforming use and will be subject to all applicable regulations of Chapter 10 of this Zoning Ordinance.

   (G)   Violations Continue. Any violation of the previous zoning ordinance will continue to be a violation under this Zoning Ordinance and be subject to enforcement under Chapter 19 of this Zoning Ordinance.

      1.   If the use, development, construction or other activity that was a violation under the previous zoning ordinance complies with the express terms of this Zoning Ordinance, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date of this ordinance.

      2.   The adoption of this Zoning Ordinance does not affect any pending or future prosecution of, or action to abate, violations of the previous zoning ordinance that occurred before the effective date of this Zoning Ordinance.

      3.   Any nonconformity under the previous zoning ordinance will also be nonconformity under this Zoning Ordinance, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist.

         (a)   If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this Zoning Ordinance, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.

         (b)   A situation that did not constitute a (lawful) nonconforming situation under the previously adopted zoning ordinance does not achieve (lawful) nonconforming status under this Zoning Ordinance merely by repeal of the previous zoning ordinance. (Ord. 2021-4931, 11-15-2021)

If any portion of this Zoning Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is to be deemed severed from the zoning ordinance and in no way affects or diminishes the validity of the remainder of the zoning ordinance. (Ord. 2021-4931, 11-15-2021)