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Morton Grove City Zoning Code

CHAPTER 12

2 GENERAL PROVISIONS

12-2-1: INTERPRETATION

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.
  1. Exercise Of Home Rule Authority: This title shall constitute an exercise of the home rule authority of the Village of Morton Grove on the subject matter hereof to the maximum extent permitted under the constitution and laws of the state of Illinois, and shall totally preempt and displace all state statutes which are inconsistent with this title.
  2. Overlapping/Conflicting Laws: Where the conditions imposed by any provision of this title are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are most restrictive or which imposed higher standards or requirements shall govern for all development subsequent to its passage.
  3. Existing Agreements: This title is not intended to abrogate any easement, covenant, other private agreements, or recorded restrictions. Provided, that where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants, other private agreements, or recorded restrictions, the requirements of this title shall govern for all development subsequent to its passage.
  4. Permit Or License: 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.
  5. Language Interpretation: The language set forth in the text of this title shall be interpreted in accordance with the rules set forth below:
    1. Words used in the present tense shall include the past and future tenses.
    2. Words used in the singular shall include the plural and the plural the singular.
    3. The word "shall" is mandatory, while the word "may" is permissive.
    4. The masculine gender includes the feminine and neuter.
    5. Whenever a word or term defined appears in the text of this title, its meaning shall be construed as set forth in chapter 17, "Definitions", of this title.
    6. The word "person" shall include individual, corporation, governmental agency, trust, estate, partnership, association, ventures, joint ventures, or any other legal entity.
    7. All measured distances, expressed in feet, shall be to the nearest foot; if a fraction is one-half foot (1/2') or less, the full number next below shall be used. If a fraction is more than one-half foot (1/2'), the next full number above shall be used. (Ord. 07-07, 3-26-2007)

12-2-2: NUMBER OF STRUCTURES ALLOWED ON A ZONING LOT

  1. Principal Structures: Only one principal detached building shall be located on a zoning lot in all zoning districts except as follows: (1) within the manufacturing districts; (2) within the CR Commercial Residential District for multifamily residential and mixed use developments on zoning lots of not less than one acre, which comply with all the bulk, dimensional and parking requirements and would otherwise be permitted as a matter of right, provided all common areas located therein shall be owned and maintained by a property owner’s association pursuant to covenants, restrictions, and easements of record approved by the Village; (3) pursuant to a special use permit in commercial districts (C1, C2, and CR), or (4) as a planned unit development pursuant to Section 12-6 of the Unified Development Code. Two (2) or more buildings joined by a fence, canopy, freestanding wall or other nonfunctional connection shall not be considered to be one principal detached building. Components of a single building may be connected by an enclosed pedestrian accessway with a continuous foundation. (Ord. 16-17; 07-11-16)
  2. Accessory Structures: A limit of two (2) detached accessory structures are permitted on a zoning lot provided they meet all of the regulations of section 12-2-5, "Accessory Uses and Structures", of this chapter. Additional detached accessory structures beyond the two (2) may be allowed upon a variation granted by the zoning board of appeals, provided the rear yard coverage is still met. (Ord. 07-07, 3-26-2007)

12-2-3: CONTROL OVER USE

  1. Allowable Use Of Land Or Buildings: The use of land or buildings established after the effective date of this title shall be for a use which is herein specified as a permitted or special use in the district regulations applicable to the district in which such land or buildings are located.
  2. Prohibited Use Of Land Or Buildings: When a use is not specified as a permitted or special use, such use is hereby expressly prohibited.

    The keeping, propagation or culture of livestock, poultry, or pigeons is prohibited.
  3. Existing Building Permits: Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this title or any amendments thereto, and where construction has begun within six (6) months of such effective date, said building or structure may be completed in accordance with approved plans used in obtaining the building permit if the completion will be accomplished within eighteen (18) months of such effective date and may, upon completion, be occupied under a certificate of occupancy by the use originally designated, subject to the provisions set forth in the "nonconformities" section of this title.
  4. Nonconformities: No structure, use of land, lot of record, zoning lot, now or existing after adoption of this title shall be established, enlarged, extended, altered, moved, divided, or maintained in any manner contrary to the provisions of this title. Without limiting the foregoing, any such activity that would cause any structure to not comply with this title, or that would create any parcel of land that could not be developed in compliance with this title shall be prohibited; provided, however, that in residential districts, a nonconforming lot that has remained in the same ownership of record since August 4, 1959, shall be a factor weighing in favor of residential development despite the existence of nonconformities as to width and area. In all other respects, the provisions of chapter 15, "Nonconformities", of this title, shall apply. (Ord. 07-07, 3-26-2007)

12-2-4: CONTROL OVER BULK

  1. Buildings Or Structures: All buildings or structures shall conform to the bulk regulations established herein for the district in which the building or structure is located. (Ord. 07-07, 3-26-2007)

12-2-5: ACCESSORY USES AND STRUCTURES

  1. Accessory Uses:
    1. Accessory uses are permitted in all zoning districts in connection with a principal use which is permitted within such district, provided it is located on the same zoning lot as the principal building or use served. Accessory uses shall not be established prior to the establishment of the principal use, and shall comply with the use limitation applicable in the zoning district in which it is located.
    2. Temporary accessory uses:
      1. Temporary accessory uses that do not comply with applicable use limitations may be authorized in writing by the Village Administrator provided the temporary accessory use does not exceed seventy-two (72) hours in duration.
      2. A temporary accessory use may be authorized for periods greater than seventy-two (72) hours provided the building commissioner, the plan commission chairman, Village administrator, and corporation counsel unanimously find, after considering the factors set forth in Village Code 12-16-4:C.5 that the proposed use will not have a negative impact upon adjacent land use or the public.
  2. Accessory Structures:
    1. In no event may an accessory structure become attached to a principal structure where such a combined structure would not comply with the applicable bulk regulations of the zoning district within which it is located.
    2. Residential Districts: In residential districts, detached accessory buildings:
      1. Shall not be located in the front yard or required side yards;
      2. Shall not be located closer than three feet (3') to the rear or side lot line, or to another detached accessory building;
      3. Shall not occupy more than thirty percent (30%) of the rear yard in building area;
      4. Shall be at least ten feet (10') from the principal structure;
      5. Shall not have more than one story nor exceed fifteen feet (15') in height unless otherwise authorized by special use permit.
      6. Shall not exceed seven hundred and fifty (750) square feet unless otherwise authorized by special use permit.
    3. Rear Yard Coverage: In no event may the total coverage of accessory structures and impermeable surfaces combined exceed fifty percent (50%) of a rear yard.
    4. Temporary Accessory Structures: Temporary accessory structures must comply with the setback requirements of the district in which it is located, or as otherwise deemed appropriate by the Village Administrator, and with all applicable building and life safety code requirements. Any temporary accessory structure exceeding two-hundred (200) square feet in area or seventy-two (72) hours in duration in a calendar year shall be required to obtain a permit prior to installation of the structure, or as otherwise deemed appropriate by the Building Commissioner. Temporary trailers are subject to the provisions of Section 12-3-8. Temporary signs and displays are controlled by Section 10-10-8. (Ord. 07-07, 3-26-2007; Ord. 20-01, 1-27-20)     
    5. Driveways:
      1. Driveways serving non-residential uses, attached dwellings, and multi-family dwellings:  
        1. All driveways shall conform to a minimum width of twenty-four feet (24’), consisting of two (2) twelve-foot (12’) driving lanes, one lane in each direction. One-way driveways, a minimum of eighteen feet (18') wide may be allowed, provided all the requirements of subsection 12-9-1:B, "Lot Access", are met. Should alternate driveway configurations and dimensions be proposed, they will be subject to the review and approval of the Village Administrator or his/her designee. 
        2.  Shared driveways may be allowed, and in some cases encouraged, between adjacent property owners, provided that an easement document, meeting Village standards, which addresses access, maintenance, and liabilities of both parties is recorded with Cook County and is maintained on file with the Village.  
      2. Driveways serving single-family detached dwellings and two-family dwellings:   
        1. Driveways shall be a minimum width of eight and one-half feet (8.5’), shall be set back a minimum of three feet (3’) from any non-driveway approach lot line, and shall be limited to a maximum width of sixteen feet (16’) at any front or street side lot line. Maximum interior driveway width shall be determined by the exterior width of the garage, as measured from no more than two feet (2’) outside the garage door edges, or alternative conforming parking area. Each lot line shall be limited to (1) driveway approach. 
        2. Exceptions for replacement of existing nonconforming driveways:  
          1. For a driveway within a yard less than twelve feet (12’) in width, the minimum setback of three feet (3’) from any non-driveway approach lot line may be reduced to allow a driveway width no greater than nine feet (9’).  
          2. For a driveway that leads to an attached garage and is greater than sixteen feet (16’) in width at the front or street side lot line, the maximum driveway width at the front or street side lot line shall be determined by the exterior width of the garage, as measured from no more than two feet (2’) outside the garage door edges, or twenty-four feet (24’), whichever is less.  
          3. For a driveway that abuts an existing driveway on adjacent private property, no setback shall be required from the non-driveway approach lot line. However, the driveway width shall not be increased within the interior side yard. 
          4. For a lot line with two (2) driveway approaches, the driveway may be maintained and replaced in kind, provided that such driveway shall not be relocated, expanded or enlarged, and that such driveway is not located on a lot that exceeds maximum permitted impermeable lot coverage maximum pursuant 12-4-2:D. For a lot line with two (2) driveway approaches, each approach shall be limited to a maximum width of sixteen feet (16’) at any front or street side lot line.
HISTORY
Amended by Ord. 21-16 on 1/10/2022
Amended by Ord. 23-23 on 11/28/2023
Amended by Ord. 25-17 on 4/22/2025

12-2-6: YARDS

  1. Location Of Required Yards: All required yards shall be located on the same zoning lot as the building, structure, or use of land for which such yard is required.
  2. Exclusive Use For Requirement Satisfaction: The minimum yard space required for one zoning lot shall not be considered as yard space for any other zoning lot.
  3. Division Of Zoning Lot: No zoning lot shall be reduced in area so that the yards or other open space become less than required by this title.
  4. Front Yard Setbacks: Front yard setback determination in residential zoning districts:
    1. Where lots comprising fifty percent (50%) or more of the frontage on a block are developed with buildings, or portions thereof, having a front yard setback lesser than that required by district regulations, the front yard setback required shall be twenty five feet (25') or the average setback of the adjacent existing buildings one hundred feet (100') in each direction from the subject property, whichever is less.
    2. Where lots comprising fifty percent (50%) or more of the frontages on a block are developed with buildings, or portions thereof, having a front yard setback greater than that required by district regulations, the front yard setback required shall be the average setback of the adjacent existing buildings one hundred feet (100') in each direction from the subject property.
  5. Through Lots: On a vacant through lot, either of the lot lines abutting a street right of way line may be established as its front lot line. Where two (2) or more through lots are contiguous and a front lot line has been duly established, the same street lot line shall thereafter be deemed to be the front lot line of all such contiguous lots.
  6. Side Yards Abutting A Street: The side yard abutting a street on a corner lot shall be considered a front yard for the purposes of the applicable setback requirements of the zoning district within which it is located.
  7. Permitted Obstructions: The following shall not be considered as obstructions when located in the yard indicated:
Permitted Obstruction *
Y = Permitted // N = Prohibited

Permitted ObstructionRequired Yard
FrontStreet SideInterior SideRear
Accessibility Ramp
Min. 3’ from all lot lines; Shall be of post or pier construction
Y
Y
Y
Y
Arbors, Trellises, & Pergolas, Attached & Detached
Max. 8’ height; Side yard setback applies if attached; Max. 30% yard coverage
NNNY
Balcony
Max. 20% of yard depth, Max. 5’ encroachment
Y
Y
Y
Y
Bay Window
Max. 20% of yard depth; Min. 5’ from all lot lines
Y
Y
Y
Y
Chimney
Max. 20% of yard depth, Max. 3’ encroachment
Y
Y
NY
Decks, Attached
Max. 30% yard coverage for all decks and patios combined; Side yard setback applies
NNNY
Detached Accessory Structures
Controlled by Section 12-2-5:B
NNNY
Driveway **
Controlled by Section 12-2-5:B.5
YYYY
Fences
Subject to the provisions of Section 12-3-5
NYYY
Garage, Attached
Max. 30% yard coverage; Min. 15’ from rear lot line; Residential corner lots only
NNNY
Garage, Detached
Residential lots only
NNNY
Mechanical Equipment, Aboveground
Permitted within 10 feet of principal structure; Heating, ventilation, and air conditioning (HVAC) equipment subject to the provisions of Section 10-1-1:F.1
NNNY
Mechanical Equipment, Belowground Min. 3’ from all lot lines YYYY
Marquee (Canopy) & Awning
Max. 20% of yard depth; Must be attached to the principal building;
YYYY
Open Accessory Parking Spaces **
Min. 3’ from all lot lines; For replacement of existing parking spaces, 3’ setback may be reduced to allow a parking space width of 9 feet if yard is less than 12’; No portion may project into a front or street side yard
N
N
YY
Open Sided Porch
Max. 20% of yard depth
YYNY
Ornamental Light Standard & Flagpole
Min. 5’ from all lot lines; Max. 25’ height
YYYY
Overhanging Roof Eaves & Gutters
Max. 20% of yard depth; Max. 2’ encroachment
YYYY
Patio, Attached **
Max. 30% yard coverage for all decks and patios combined; Side yard setback applies
NNNY
Patio, Detached **
Max. 30% yard coverage for all decks and patios combined; Min. 3’ from all lot lines
NNNY
Recreational EquipmentNNNY
Shed
Residential lots only
NNNY
Sidewalk **
Max. 4’ width in front and street side yards; Min. 3’ from all lot lines; 3’- setback may be reduced to allow a sidewalk width of 3’ if yard is less than 6’
YYYY
Stairs/Steps
Max. 5’ encroachment; Max. 4’ encroachment in interior side yard for access provided to below-grade floors, otherwise max. 3’ encroachment; Unroofed only
YYYY
Swimming Pool
Exempt from Title 12 setback and coverage requirements; Subject to the requirements of Title 8, Chapter 4
N
N
NY
Synthetic Turf Controlled by Section 12-5-13 NNNY***
Tennis, Volleyball, Basketball, Shuffleboard, and Other Recreational Courts Min. 10’ from all lot lines NNNY
Window Well
Max. 3’ encroachment
YYNY

* In order to maintain visibility on corner lots, the height of a permitted obstruction located within twenty feet (20’) of the lot corner formed by the intersection by any two (2) lot lines bounding a public street may not exceed twenty-four inches (24”) above curb level.

** Within five feet (5’) of any lot line, height shall not exceed grade of nearest lot line, or as otherwise approved by the Building Commissioner.

***Prohibited on through lots.

(Ord. 07-07, 3-26-2007; Ord. 20-01, 1-27-2020)

HISTORY
Amended by Ord. 21-16 on 1/10/2022
Amended by Ord. 25-17 on 4/22/2025

12-2-7: HEIGHT LIMITATION

Buildings or structures shall not exceed the height as provided in the specific zoning district, unless allowed as a special use in commercial and manufacturing districts. (Ord. 07-07, 3-26-2007)

12-2-8: ROOFTOP AND OTHER APPURTENANCES

  1. Cooling towers, elevator bulkheads, energy collecting devices, flagpoles, mechanical appurtenances, parapet walls, recreational facilities, roof gardens and skylights may exceed the maximum building height by not more than ten feet (10'), but such appurtenances shall be suitably screened.
  2. Bell towers, spires, scenery lofts, minarets and steeples may exceed the maximum building height of the district in which they are located by not more than twenty five feet (25'). (Ord. 07-07, 3-26-2007)

21-16

23-23

25-17