Morton Grove City Zoning Code

CHAPTER 12

1 INTRODUCTION

12-1-1: TITLE

This title shall be known, cited and referred to as the VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE. (Ord. 07-07, 3-26-2007)

12-1-2: JURISDICTION

These regulations shall apply to all developments existing and planned within the incorporated limits of the Village. These regulations shall also apply to any subdivision situated in unincorporated Cook County which is located entirely or in part within one and one-half (1 1/2) miles of the corporate limits of the Village.

In the event of an overlap between the one and one-half (1 1/2) mile extraterritorial jurisdiction of Morton Grove, and that of a neighboring municipality and in the absence of a boundary agreement between the Village and such other municipality, the Village's extraterritorial jurisdiction shall extend to an equidistant point between it and any such municipality as provided in section 11-12-9 of the Illinois municipal code, 65 Illinois Compiled Statutes 5/11-12-9. (Ord. 07-07, 3-26-2007)

12-1-3: PURPOSE

The purpose of this title is to provide a comprehensive set of land use and development regulations for the development of land within one and one-half (1 1/2) miles of the Village's corporate boundaries. These regulations are designed to provide for orderly and harmonious new development and redevelopment. Because each new development accepted by the Village becomes a permanent unit in the physical structure of the community, this title is adopted for the purpose of promoting the public health, safety, comfort, morals, convenience, and general welfare by:

Ensuring adequate natural light, air, privacy, access to property, and safety from fire, explosion, noxious fumes, noise and other dangers.
Conserving the taxable value of land and buildings in the Village.
Encouraging the most appropriate use of land throughout the Village.
Dividing the entire Village of Morton Grove into districts and restricting and regulating therein the location, construction, reconstruction, alteration, and use of buildings, structures, and land, whether for residence, commercial, manufacturing, or other specified uses.
Preventing the overcrowding of land through regulating and limiting the intensity of land development, and the height and bulk of buildings.
Prohibiting uses, buildings, or structures incompatible with the character of the residential, commercial or manufacturing districts.
Preventing additions to, alterations or remodeling of existing buildings and structures that are contrary to the restrictions and limitations imposed under this title.
Providing for the gradual elimination of nonconforming uses of land, buildings, or structures.
Establishing and maintaining a coordinated system of streets, services, and utilities.
Preserving open space and natural resources and amenities.
Promoting the greater aesthetic standards to preserve and improve appearance and character of the Village.
Avoiding or lessening congestion in the public streets.
Providing for necessary stormwater drainage and the prevention of flood damages.
Defining and limiting the powers and duties of the administrative officers and bodies.
Prescribing penalties for the violation of the provisions of this title, or any amendment thereto. (Ord. 07-07, 3-26-2007)

12-1-4: RELATIONSHIP TO PREVIOUS ORDINANCES

The provisions of this title are informed by and derived from the codes it now supersedes, including the Village's zoning code, subdivision code, flood damage prevention ordinance, and appearance code. This title also derives from the same statutory sources of power as those previous codes. This title does not, however, abrogate any easement, covenant, or other private agreement or recorded restrictions. (Ord. 07-07, 3-26-2007)

12-1-5: RELATIONSHIP TO OFFICIAL COMPREHENSIVE PLAN

It is the intention that the planning policies adopted in this title be in general conformance with the policies in the official comprehensive plan of the Village, including those policies contained within the Waukegan Road commercial corridor master plan, Lehigh/Ferris subarea plan, and the Dempster Street corridor master plan. Neither this title nor any amendments to it may be challenged on the basis of any alleged nonconformity with the official comprehensive plan. (Ord. 07-07, 3-26-2007)

12-1-6: SEVERABILITY

It is hereby declared to be the intention of the board of trustees of the Village of Morton Grove that the provisions of this title are severable in accordance with the following:

Title Applications: If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provision of this title not specifically included in such judgment.
Property Application: If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular lot or parcel of real estate or structure or use, such judgment shall not affect the application of the provision to any other lot or parcel of real estate or structure or use not specifically included in the judgment. (Ord. 07-07, 3-26-2007)

12-1-7: EXCEPTIONS TO THIS TITLE

The Village administrator with the concurrence of the building commissioner may grant a variance, waiver or modification to the technical requirements of this title when:

In the opinion of the building commissioner there are special circumstances unique to the property or the development that would create practical difficulties if the technical requirement of this title were imposed;
There is no prohibition for the variance, waiver, or modification elsewhere in this code;
No other person or commission has the authority within this title to grant such variance, waiver, or modification; and
The granting of the variance, waiver, or modification will not adversely impact surrounding properties, and does not violate the intent or spirit of this title.

This authority shall not be construed to apply to the provisions of chapter 4 of this title with respect to the use of any property within a zoning district. (Ord. 12-22, 6-11-2012)

Morton Grove City Zoning Code

CHAPTER 12

1 INTRODUCTION

12-1-1: TITLE

This title shall be known, cited and referred to as the VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE. (Ord. 07-07, 3-26-2007)

12-1-2: JURISDICTION

12-1-3: PURPOSE

Ensuring adequate natural light, air, privacy, access to property, and safety from fire, explosion, noxious fumes, noise and other dangers.
Conserving the taxable value of land and buildings in the Village.
Encouraging the most appropriate use of land throughout the Village.
Dividing the entire Village of Morton Grove into districts and restricting and regulating therein the location, construction, reconstruction, alteration, and use of buildings, structures, and land, whether for residence, commercial, manufacturing, or other specified uses.
Preventing the overcrowding of land through regulating and limiting the intensity of land development, and the height and bulk of buildings.
Prohibiting uses, buildings, or structures incompatible with the character of the residential, commercial or manufacturing districts.
Preventing additions to, alterations or remodeling of existing buildings and structures that are contrary to the restrictions and limitations imposed under this title.
Providing for the gradual elimination of nonconforming uses of land, buildings, or structures.
Establishing and maintaining a coordinated system of streets, services, and utilities.
Preserving open space and natural resources and amenities.
Promoting the greater aesthetic standards to preserve and improve appearance and character of the Village.
Avoiding or lessening congestion in the public streets.
Providing for necessary stormwater drainage and the prevention of flood damages.
Defining and limiting the powers and duties of the administrative officers and bodies.
Prescribing penalties for the violation of the provisions of this title, or any amendment thereto. (Ord. 07-07, 3-26-2007)

12-1-4: RELATIONSHIP TO PREVIOUS ORDINANCES

12-1-5: RELATIONSHIP TO OFFICIAL COMPREHENSIVE PLAN

12-1-6: SEVERABILITY

It is hereby declared to be the intention of the board of trustees of the Village of Morton Grove that the provisions of this title are severable in accordance with the following:

Title Applications: If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provision of this title not specifically included in such judgment.
Property Application: If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular lot or parcel of real estate or structure or use, such judgment shall not affect the application of the provision to any other lot or parcel of real estate or structure or use not specifically included in the judgment. (Ord. 07-07, 3-26-2007)

12-1-7: EXCEPTIONS TO THIS TITLE

The Village administrator with the concurrence of the building commissioner may grant a variance, waiver or modification to the technical requirements of this title when:

In the opinion of the building commissioner there are special circumstances unique to the property or the development that would create practical difficulties if the technical requirement of this title were imposed;
There is no prohibition for the variance, waiver, or modification elsewhere in this code;
No other person or commission has the authority within this title to grant such variance, waiver, or modification; and
The granting of the variance, waiver, or modification will not adversely impact surrounding properties, and does not violate the intent or spirit of this title.

This authority shall not be construed to apply to the provisions of chapter 4 of this title with respect to the use of any property within a zoning district. (Ord. 12-22, 6-11-2012)

Morton Grove City Zoning Code

CHAPTER 12

1 INTRODUCTION

12-1-1: TITLE

This title shall be known, cited and referred to as the VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE. (Ord. 07-07, 3-26-2007)

12-1-2: JURISDICTION

12-1-3: PURPOSE

Ensuring adequate natural light, air, privacy, access to property, and safety from fire, explosion, noxious fumes, noise and other dangers.
Conserving the taxable value of land and buildings in the Village.
Encouraging the most appropriate use of land throughout the Village.
Dividing the entire Village of Morton Grove into districts and restricting and regulating therein the location, construction, reconstruction, alteration, and use of buildings, structures, and land, whether for residence, commercial, manufacturing, or other specified uses.
Preventing the overcrowding of land through regulating and limiting the intensity of land development, and the height and bulk of buildings.
Prohibiting uses, buildings, or structures incompatible with the character of the residential, commercial or manufacturing districts.
Preventing additions to, alterations or remodeling of existing buildings and structures that are contrary to the restrictions and limitations imposed under this title.
Providing for the gradual elimination of nonconforming uses of land, buildings, or structures.
Establishing and maintaining a coordinated system of streets, services, and utilities.
Preserving open space and natural resources and amenities.
Promoting the greater aesthetic standards to preserve and improve appearance and character of the Village.
Avoiding or lessening congestion in the public streets.
Providing for necessary stormwater drainage and the prevention of flood damages.
Defining and limiting the powers and duties of the administrative officers and bodies.
Prescribing penalties for the violation of the provisions of this title, or any amendment thereto. (Ord. 07-07, 3-26-2007)

12-1-4: RELATIONSHIP TO PREVIOUS ORDINANCES

12-1-5: RELATIONSHIP TO OFFICIAL COMPREHENSIVE PLAN

12-1-6: SEVERABILITY

It is hereby declared to be the intention of the board of trustees of the Village of Morton Grove that the provisions of this title are severable in accordance with the following:

Title Applications: If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provision of this title not specifically included in such judgment.
Property Application: If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular lot or parcel of real estate or structure or use, such judgment shall not affect the application of the provision to any other lot or parcel of real estate or structure or use not specifically included in the judgment. (Ord. 07-07, 3-26-2007)

12-1-7: EXCEPTIONS TO THIS TITLE

The Village administrator with the concurrence of the building commissioner may grant a variance, waiver or modification to the technical requirements of this title when:

In the opinion of the building commissioner there are special circumstances unique to the property or the development that would create practical difficulties if the technical requirement of this title were imposed;
There is no prohibition for the variance, waiver, or modification elsewhere in this code;
No other person or commission has the authority within this title to grant such variance, waiver, or modification; and
The granting of the variance, waiver, or modification will not adversely impact surrounding properties, and does not violate the intent or spirit of this title.

This authority shall not be construed to apply to the provisions of chapter 4 of this title with respect to the use of any property within a zoning district. (Ord. 12-22, 6-11-2012)