ZONING TITLE, PURPOSE, DEFINITIONS
SECTION:
This Title shall be known, cited and referred to as the "City of Naperville Zoning Ordinance".
This Zoning Title is adopted for the purpose of improving and protecting the public health, safety, comfort, convenience and general welfare of the people. The fulfillment of this purpose is to be accomplished by seeking the following objectives:
1.
To lessen congestion on the public streets.
2.
To avoid undue concentration of population.
3.
To prevent the overcrowding of land, thereby insuring proper living and working conditions and preventing the development of blight and slums.
4.
To establish adequate standards for the provision of light, air and open spaces.
5.
To facilitate the provision of adequate public services such as transportation, water, sewerage, open space and parks.
6.
To zone all properties with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City.
7.
To protect all areas alike from harmful encroachment by incompatible uses and to insure that land allocated to a class of uses shall not be usurped by inappropriate uses within the parameters of the standards and requirements of this Title.
8.
To avoid the inappropriate development of lands and provide for adequate drainage, curbing or erosion, and reduction of flood damage.
9.
To fix reasonable standards to which buildings and structures shall conform.
10.
To prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed herein.
11.
To foster a more rational pattern of relationship between residential, business and industrial uses for the mutual benefit of all.
12.
To isolate or control the location of unavoidable nuisance-producing uses.
13.
To define the powers and duties of the administrative and enforcement officers and bodies.
14.
To prescribe penalties for any violation of the provisions of this Title, or of any subsequent amendments hereto.
The standards and requirements contained in this Title and the district mapping reflected on the City Zoning District Map are intended to implement all elements of the Comprehensive Plan, including the land use component, and the planning policies of the City.
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, comfort, convenience and general welfare. Where the conditions imposed by any provision of this Title, upon the use of buildings, structures or land, or upon the bulk of buildings or structures, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Title 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.
This Title is not intended to abrogate any easement, covenant or any other private agreement; provided, that where the regulations of this Title are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this Title shall govern.
The several provisions of this Title are separable, as follows:
1.
If any court of competent jurisdiction shall adjudge any provision of this Title, or any amendment hereto, to be invalid, such judgment shall not affect any other provisions of this Title not specifically included in said judgment.
2.
If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Title, or any amendments hereto, to a particular building, structure or parcel of land, such judgment shall not affect the application of said provision to any other building, structure or parcel of land not specifically included in said judgment.
All buildings or structures erected hereafter, all uses of buildings, structures or land established hereafter, and all structural alteration or relocation of existing buildings or structures occurring hereafter shall be subject to all regulations of this Title, or any amendment hereto, which are applicable to the zoning districts in which such buildings, structures or parcels of land shall be located.
(Ord. 80-5, 1-21-1980)
However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, or any amendment hereto, and provided that construction was begun before the effective date hereof, or any amendment hereto, and completion is accomplished within eighteen (18) months of the adoption of these regulations, or any amendment hereto, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may, upon completion, be occupied for the use for which originally designated, subject thereafter to the provisions of Section 6-2-19 and Chapter 10 of this Title.
(Ord. 80-5, 1-21-1980; amd. 1984 Code)
In the construction of this Title the definitions contained in this Section shall be observed and applied, except when the context clearly indicates otherwise. The following definitions of word use shall apply:
1.
Words used in the present tense shall include the future.
2.
Words used in the singular number shall include the plural number and the plural the singular.
3.
The word "shall" is mandatory and not discretionary.
4.
The word "may" is permissive.
5.
The word "lot" shall include the words "piece", "parcel" and "plot".
6.
The phrase "used for" shall include the phrases "maintained for" and "occupied for".
7.
The phrase "designed for" shall include the phrases "arranged for" and "intended for".
8.
All "measured distances" shall be to the nearest foot. If a fraction is one-half foot or less, the full number next below shall be taken.
| ACCESSORY BUILDING OR STRUCTURE: | A subordinate building, structure or portion of the principal building or structure, the use of which is incidental to that of the principal use of the principal building, structure or use of the land. |
| ACCESSORY BUILDING OR STRUCTURE, ATTACHED: | An accessory building or structure which is physically connected to the principal building or structure. |
| ACCESSORY BUILDING OR STRUCTURE, DETACHED: | An accessory building or structure which is entirely surrounded by open space and separated from the principal building or structure. |
| ACCESSORY USE: | A use incidental to the principal building, structure or use of land. |
|
AMUSEMENT
ESTABLISHMENT: | Establishments whose principal use is providing amusement or entertainment for a fee or admission charge. Such establishments include dance halls; theaters and studios; bowling alleys; billiard and pool establishments; and other similar or related uses. |
| APARTMENT HOTEL: | A hotel in which at least ninety percent (90%) of the accommodations are occupied or intended for occupancy by permanent guests. |
| APPEAL: | An appeal taken by a person from a decision or interpretation made by the Zoning Administrator. |
| AREA: | The measure of a horizontal plane bounded by the front, side and rear lot lines of a lot or parcel of land, but not including any area occupied by the waters of a duly recorded lake or river. |
|
AUTOMOBILE REPAIR
FACILITY: | A building, structure or portion thereof designed or used for the general repair, engine rebuilding, reconditioning, collision service or painting of motor vehicles. |
|
AUTOMOBILE SERVICE
STATION: | A building, structure or parcel of land used for: 1) dispensing, sale or offering for sale at retail to the public gasoline stored only in underground tanks, kerosene, lubricating oil, or grease for the operation of motor vehicles; and 2) the sale and installation of tires, batteries and other minor accessories and services for motor vehicles, but not including major motor vehicle repairs; and 3) washing of motor vehicles by hand. |
| BANK: | An organization, chartered by a state or federal government, which conducts retail banking operations on-site, including the receipt of deposits, payment of interest, certification of depositor's checks, issuance of drafts and loans, and withdrawal of cash through tellers or ATMs. |
| BASEMENT: | That portion of a building or structure having more than one-half (½) of its height below lot grade. |
| BEAUTY SHOP/SALON: | An establishment (except those known as barbershops or men's hair stylist shops) where people go to receive beauty treatments, and/or purchase beauty products. These treatments primarily include one or more of the following: 1) cutting, trimming, shampooing, weaving, coloring, waving, or styling hair; 2) providing facials; 3) applying makeup (except permanent makeup); and 4) providing nail care services, such as manicures, pedicures, and nail extensions. Spa services may be provided as additional and secondary services, including body art subject to the condition that said body art services shall be accessory to the primary use of the facility as a beauty shop/salon and that the area in which the body art services are provided shall not exceed twenty-five percent (25%) of the gross floor area of the beauty shop/salon. |
|
BED AND BREAKFAST
ESTABLISHMENT: | An operator occupied residence providing accommodations for a charge to the public with no more than five (5) guestrooms for rent, in operation for more than ten (10) nights in a 12-month period. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses, rooming houses, lodging houses or food service establishments. |
| Guestroom: | A sleeping room intended to serve no more than two (2) transient guests per night. |
| Operator: | The owner of the bed and breakfast establishment, or the owner's agent, who is required by the Illinois Bed and Breakfast Act, 50 Illinois Compiled Statutes 820/1 et seq., to reside in the bed and breakfast establishment or on contiguous property. |
| Transient Guest: | A person who pays for the right to occupy a bed and breakfast guestroom and for whom the guestroom is not a place of permanent residence. |
| BOARD: | As referred to in this Title as the Board of Zoning Appeals, or the Zoning Board of Appeals. |
| BOARDING HOUSE: | A building, structure or portion thereof which contains boarding rooms for rent in which occupants reside in separate living spaces under individual rental arrangements and for varying periods of time. Some services, such as laundry and cleaning, may be supplied. The presence of certain structural features to the dwelling unit shall constitute prima facie evidence that the structure is operating as a boarding house, including, but not limited to: |
| (1) separate double key or other locking mechanisms on internal individual occupant spaces which have the purpose of preventing access while the room is not occupied; or | |
| (2) multiple mailboxes on the house or property; or | |
| (3) locked or partitioned inside stairwells or doors physically separating parts of the house; or | |
| (4) separate electrical meters; or | |
| (5) separate kitchens or food preparation appliances in individual occupant spaces; or | |
| (6) multiple exterior entrances to individual occupant spaces in addition to the common entrance; or | |
| (7) lack of access to common living spaces which accommodate residents for a household purpose (i.e., living room, kitchen). | |
| Except as provided above, a boarding house does not encompass a situation where a property owner rents a residential structure through provision of a single lease to tenants who intend to occupy it as a shared home for an extended duration. | |
| BOARDING ROOM: | This term refers to a room within a principal residential structure that is rented as sleeping and living quarters, but without cooking facilities in the room and with or without an individual bathroom, which provides access to common areas of the home including the entry, living, kitchen and bathroom areas and does not possess characteristics of a boarding house. |
| BODY ART ESTABLISHMENT: | A facility licensed by the Illinois Department of Public Health to administer body art, including body piercing, artistic and cosmetic tattooing, and permanent makeup, as defined in Chapter 7 (Body Art, Tattooing, and Body Piercing) of Title 4 (Health and Sanitation) of the Naperville Municipal Code. |
| BUILDING: | Any structure built, used, designed or intended for the support, shelter, protection or enclosure of persons, animals, chattels or property of any kind, and which is permanently affixed to the land. |
| BUILDING, NONCONFORMING: | A building which exists upon the effective date of adoption or amendment of this Title and which does not comply with the conditions, area requirements, lot width requirements, yard requirements, height limitations, bulk regulations or off street parking and loading requirements of the zoning district in which said building is located by reason of the adoption or amendment of this Title. |
| BUILDING, PRINCIPAL: | A building or structure in which a principal use is conducted. |
| BUILDING, TEMPORARY: | A building not designed or intended for permanent human occupancy nor for the permanent protection of animals, chattels or property of any kind. |
| BULK: | The term used to describe the size of buildings or structures, and their relationships to each other and to open areas and lot lines, and therefore includes: |
| 1. The size of a building or structure; and | |
| 2. The area of the lot upon which a building or structure is located, and the number of dwelling units within such building or structure in relation to the area of the lot; and | |
| 3. The shape of a building or structure; and | |
| 4. The location of exterior walls of a building or structure in relation to lot lines, to other walls of the same building or structure, to legally required windows, or to other buildings or structures; and | |
| 5. All open areas relating to a building or structure and their relationship thereto. | |
| BYPASS LANE: | A lane that facilitates the movement of traffic by allowing motorists to avoid or bypass the stacking lane. |
| CANNABIS FACILITIES: | Those facilities defined in Section 6-2-32 (Cannabis Facilities) of this Title. |
| CAR WASH: | A building, structure or portion thereof containing facilities for washing motor vehicles. |
|
CARRYOUT
ESTABLISHMENTS: | A building, structure or portion thereof which is maintained, operated, advertised or held out to the public as a place where food, beverages, or desserts are served in disposable containers or wrappers from a serving counter for consumption off the premises. These establishments often provide drive-through facilities. |
|
CENTRAL BUSINESS
DISTRICT: | Whenever the term "central business district" is used, it shall mean the downtown core. |
| CLUB: | A nonprofit corporation or association of persons for the promotion of some common purpose, including, but not limited to, literature, science, politics, and good fellowship. |
| COLLEGE OR UNIVERSITY: | An institution of higher education accredited by a regional organization or authorized by the State to issue baccalaureate, graduate, and professional level degrees. |
| COMMERCIAL ART STUDIO: | An establishment engaged in the sale or exhibit of artworks such as paintings, sculpture, macrame, knitted goods, stitchery, or pottery. The studios are also engaged in the creations of such artworks and often offer instruction in their creation. |
| COMMISSION: | As referred to in this Title is the Plan Commission. |
|
CONDITIONS AND
RESTRICTIONS: | Provisions and limitations which may be imposed upon a building, structure or parcel of land at the time the City Council grants a variance, amendment or conditional use. |
| CONVALESCENT HOME: | A building or structure which is used, designed or intended for the care of the aged or infirm, or for those suffering bodily disorders and which does not contain the facilities nor render the services normally associated with a hospital. |
| CROSS DOCKS: | The practice of unloading goods from inbound delivery vehicles and loading them directly onto outbound vehicles. |
| CULTURAL INSTITUTIONS: | Establishments such as museums, botanical, and zoological gardens of a historic, educational or cultural interest, or art galleries which are operated primarily for the display, rather than the sale, of works of art. |
| DATA CENTER: | A large group of networked computer servers typically used by organizations for the remote storage, processing, or distribution of large amounts of data. |
| DAY: | Day, unless otherwise specified, shall mean business day. A business day shall mean any day other than a Saturday, Sunday, or a Federal holiday. If the date for taking any action in this Title falls on a Saturday, Sunday, or Federal holiday, then the notice or obligation may be given or performed on the next business day after that Saturday, Sunday, or Federal holiday. |
| DAYCARE CENTER: | A facility as described in Section 2.09 of the Childcare Act of 1969 [1], as amended. |
| DAYCARE HOME: | A facility as described in Section 2.18 of the Childcare Act of 1969 [2], as amended. |
| SERVICES, COMMERCIAL: | The business or occupation of doing convenience work for others for a fee with the services performed on-site and goods available for purchase on-site. Commercial services depend on visibility to attract walk-in customers. Examples of commercial service uses include banks, barbershops, beauty shops/salons, dry cleaning, shoe repair, tailor shops, photography studios. Accessory retail is allowed, up to a maximum of twenty-five percent (25%) of the customer area, in conjunction with permitted commercial service uses. |
| SERVICES, GENERAL: | The business or occupation of doing work for others for a fee with a primary business, office, showroom or training component. General services are typically scheduled by appointment. Uses include business, professional, medical or dental offices, workrooms or studios of artists, authors, interior designers, sculptors or other trades people, instruction in music, dance, fitness, home crafts and art, showroom and meeting/conference space, health spas without lodging facilities/massage establishments, and similar uses. Accessory retail is allowed, up to a maximum of ten percent (10%) of the customer area, in conjunction with permitted general service uses. |
|
SEXUALLY ORIENTED
BUSINESS: | Any premises to which the public, patrons or members are invited or admitted and which is so physically arranged as to provide booths, cubicles, rooms, compartments, or stalls separate from the common areas of the premises for the purpose of viewing adult oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron, or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. A sexually oriented business further includes, without being limited to, any adult store, adult motion picture theaters, adult mini-motion picture establishments, adult cabaret, adult entertainment studio, or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import. |
| SHOPPING CENTER: | An integrated and harmonious design of a building or structure or buildings or structures in which is located a group of business enterprises and which has adequate and properly arranged facilities for internal traffic circulation, collective off street parking and loading facilities, landscaping, and other features and facilities common to shopping center developments. A shopping center is usually, but not necessarily, planned, developed, owned or managed as a unit. |
| SLEEP CLINIC: | A building, structure or portion thereof which is maintained or operated for the diagnosis, treatment, and care of persons suffering from a sleep disorder or comparable medical condition as approved by the Zoning Administrator, rendering overnight operations medically necessary and/or beneficial. |
| SMOKE: | The visible discharge from a chimney, stack, vent, exhaust or combustion process which consists of particulate matter. |
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SPECIALTY FOOD
ESTABLISHMENT: | A limited service establishment (without wait staff) that offers specialty snack and food products and/or beverages. Examples include bakeries, butcher and produce markets, spice shops, tea shops, coffee shops, ice cream, candy, popcorn, and cookie shops, and carry out establishments. Specialty food establishments may have up to twenty-five percent (25%) of the interior customer space dedicated to patron seating. |
| STACKING LANE: | A queuing area for motorists who remain in their vehicles awaiting service at a drive-through facility or discharging or picking up passengers at other facilities. |
| STORY: | That part of a building or structure between any floor and the floor next above, and if there be no floor above, then the ceiling above. A basement is a story if its ceiling is four (4) feet or more above the level from which the height of the building or structure is measured. |
| STORY, HALF: | That portion of a building or structure under a gable or hip roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four and one-half (4½) feet above the finished floor of each story. A half story shall include finished or unfinished space under a roof that meets one of the following criteria: it is accessible by a stairway; it is designed to support habitable spaces as well as bathrooms, toilet rooms, closets, storage, or hallways; it is improved with floor sheathing or decking. |
| The floor area of the half story shall not exceed fifty percent (50%) of the gross building area of the story immediately below it. If a dormer(s) provided on a sloping roof facing a front, corner side or interior side yard of a structure exceeds thirty percent (30%) of the maximum width of the roof surface on which the dormer(s) is built, then the roofed area shall be considered a full story. | |
| STRUCTURAL ALTERATION: | Any change, other than incidental repairs, which prolongs the life of the supporting members of a building or structure, such as the addition, removal or modification of bearing walls, columns, beams, girders or foundations. |
| STRUCTURE: | An object which is constructed or erected and which requires permanent location on the land or attachment to an object having permanent location on the land. The term "structure" is intended to include, but not be limited to, such objects as buildings, fences, parking lots, concrete or asphalt slabs, decks and patios. |
|
STRUCTURE,
NONCOMPLYING: | A structure which exists upon the effective date of the adoption or amendment of this Title and which does not comply with the conditions, area requirements, lot width requirements, yard requirements, height limitations, bulk regulations or off street parking and loading requirements of the zoning district in which said structure is located by reason of the adoption or amendment of this Title. |
| STRUCTURE, PRINCIPAL: | A building or structure in which a principal use is conducted. |
| STRUCTURE, TEMPORARY: | A structure not designed or intended for permanent human occupancy nor for the permanent protection of animals, chattels or property of any kind. |
| SUBJECT PROPERTY: | The real property which is the subject of an appeal or petition. |
| USE: | The purpose or activity for which the land or building or structure thereon is designed, arranged or intended, or for which it is occupied or maintained. |
| USE, CONDITIONAL: | A use which, because of its unique characteristics, may be allowed in a specified zoning district permitting it as a conditional use, only after special consideration of its impact upon neighboring land and of public need for the use at the particular location. |
| USE, NONCONFORMING: | The use of any building, structure or parcel of land which lawfully is occupied and maintained upon the effective date of the adoption or amendment of this Title and which does not conform to the use regulations of the zoning district in which the use is located by reason of the adoption or amendment of this Title. |
| USE, PERMITTED: | A use which may be lawfully established in a particular zoning district or districts, provided it conforms with all requirements, regulations and standards of such zoning district. |
| USE, PRINCIPAL: | The primary purpose or function of a building, structure or parcel of land. A principal use may be either a permitted use or a conditional use. |
| USE, TEMPORARY: | A use of a building, structure or parcel of land which is impermanent and in existence for a limited amount of time. |
| VARIANCE: | A waiver of the terms of the zoning regulations where, due to conditions peculiar to the property, a literal enforcement of the regulations would result in unnecessary and undue hardship. |
| VETERINARY OFFICE: | A building, structure, premises, or portion thereof where domestic animals are primarily given veterinary medical or surgical treatment and are cared for during the time of such treatment. A veterinary office may include the boarding of domestic animals when housed under the continuous observation of veterinary professionals, provided that the boarding service is in compliance with standards set forth in Section 6-2-25 of this Title. |
| VIBRATION: | A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium when that equilibrium has been disturbed. |
| VIOLATION: | The act of disregarding, disobeying, neglecting, omitting or refusing to comply with the regulations or enforcement of this Title. |
| WAREHOUSE AND STORAGE FACILITY: | A building or structure used for the storage and distribution of goods and materials, including but not limited to distribution and fulfillment centers. |
|
WAREHOUSE,
SELF-STORAGE: | A building or structure which is used for the purpose of renting or leasing individual storage spaces to occupants and is designed for the storage and removal of vehicles and/or personal property. |
| WATER STREET STUDY AREA: | The area and all properties included therein bounded by the west branch of the DuPage River to the north, Aurora Avenue to the south, Main Street to the east and Webster Street to the west. |
| YARD: | An open space required by the provisions of this Title which is located at grade between a building or structure and the adjoining lot lines and which is unobstructed or unoccupied by any portion of a building or structure from the ground upward, except as provided in Section 6-2-3 of this Title. |
| YARD, CORNER SIDE: | A yard which is bounded by the front yard line, corner side yard line, rear yard line and corner side lot line. |
| YARD, FRONT: | A yard which extends across the lot and which is bounded by the side lot lines, the front lot line and the front yard line. |
| YARD, INTERIOR SIDE: | A yard which is bounded by the front yard line, interior side yard line, rear yard line and side lot line. |
| YARD LINE, CORNER SIDE: | A line which is parallel to the corner side lot line and which is not nearer to the corner side lot line at any point than the required corner side yard depth. |
| YARD LINE, FRONT: | A line which extends across the lot and is parallel to the front lot line and which is not nearer to the front lot line at any point than the required front yard depth. |
| YARD LINE, INTERIOR SIDE: | A line which is parallel to the interior side lot line and which is not nearer to the interior side lot line at any point than the required interior side yard depth. |
| YARD LINE, REAR: | A line which extends across the lot and is parallel to the rear lot line and which is not nearer to the rear lot line at any point than the required rear yard depth. |
| YARD, REAR: | A yard which extends across the lot and which is bounded by the side lot line, the rear lot line, and the rear yard line. |
| YARD, TRANSITIONAL: | A yard which is provided on a lot in an industrial district which abuts a lot in a residence district. |
| ZONING ADMINISTRATOR: | The person designated by Section 6-3-1 of this Title as the officer responsible for enforcing and administering all requirements of this Title. |
| ZONING DISTRICT MAP: | The map incorporated herein by reference which designates zoning districts. (Ord. 80-5, 1-21-1980; amd. Ord. 87-90, 6-15-1987; Ord. 87-152, 10-5-1987; Ord. 89-09, 1-16-1989; Ord. 89-100, 6-5-1989; Ord. 90-217, 10-16-1990; Ord. 91-102, 6-18-1991; Ord. 91-209, 11-5-1991; Ord. 93-73, 4-19-1993; Ord. 99-27, 2-16-1999; Ord. 99-124, 8-3-1999; Ord. 99-180, 10-19-1999; Ord. 99-227, 12-21-1999; Ord. 00-02, 1-18-2000; Ord. 00-91, 5-16-2000; Ord. 01-110, 6-5-2001; Ord. 01-140, 7-17-2001; Ord. 01-141, 7-17-2001; Ord. 02-132, 5-21-2002; Ord. 03-18, 1-21-2003; Ord. 03-64, 2-18-2003; Ord. 04-039, 3-16-2004; Ord. 04-117, 7-6-2004; Ord. 05-027, 2-15-2005; Ord. 05-125, 7-5-2005; Ord. 06-143, 6-20-2006; Ord. 06-191, 8-15-2006; Ord. 06-225, 9-19-2006; Ord. 06-243, 11-6-2006; Ord. 06-264, 11-21-2006; Ord. 06-300, 12-19-2006; Ord. 07-19, 2-6-2007; Ord. 07-182, 8-6-2007; Ord. 08-018, 1-15-2008; Ord. 08-035, 2-19-2008; Ord. 08-078, 4-15-2008; Ord. 08-114, 6-17-2008; Ord. No. 10-073, § 1, 6-15-2010; Ord. No. 10-087, § 2, 7-20-2010; Ord. No. 11-034, § 4, 3-1-2011; Ord. No. 11-043, § 2, 3-15-2011; Ord. No. 11-090, § 2, 6-21-2011; Ord. No. 11-179, § 2, 12-19-2011; Ord. No. 11-189, § 1, 12-19-2011; Ord. No. 13-082, § 2, 8-20-2013; Ord. No. 13-129, § 3, 11-5-2013; Ord. No. 13-162, § 2, 12-17-2013; Ord. No. 15-169, § 2, 10-6-2015; Ord. No. 15-190, § 2, 12-1-2015; Ord. No. 16-081, § 2, 6-21-2016; Ord. No. 16-108, § 2, 8-16-2016; Ord. No. 19-099, § 3, 8-20-2019; Ord. No. 20-088, § 3, 8-18-2020; Ord. No. 20-124, § 3, 11-17-2020; Ord. No. 22-015, § 2, 2-15-2022; Ord. No. 22-044, § 2, 5-3-2022; Ord. No. 23-091, § 2, 6-20-2023) |
1.
The provisions of ordinance A-139, as amended, shall be applicable only to the territory shown on the "City of Naperville zoning district map" dated January 21, 1980, as subject to the provisions of ordinance A-139, and such provisions shall remain applicable only until the date of expiration of the respective annexation agreements as shown on said map, or until changed in accordance with law.
2.
Upon expiration of an annexation agreement for territory shown on the "City of Naperville zoning district map" dated January 21, 1980, to be subject to ordinance A-139, such territory shall be subject to the regulation and district classification imposed by this Title as of the date shown on such map.
3.
No additional territory shall be made subject to the provisions of ordinance A-139 after January 21, 1980, and the City Council shall, without notice or further public hearing, repeal the provisions of this Section and ordinance A-139 at such time as no territory remains subject to the regulations of ordinance A-139.
(1984 Code)
ZONING TITLE, PURPOSE, DEFINITIONS
SECTION:
This Title shall be known, cited and referred to as the "City of Naperville Zoning Ordinance".
This Zoning Title is adopted for the purpose of improving and protecting the public health, safety, comfort, convenience and general welfare of the people. The fulfillment of this purpose is to be accomplished by seeking the following objectives:
1.
To lessen congestion on the public streets.
2.
To avoid undue concentration of population.
3.
To prevent the overcrowding of land, thereby insuring proper living and working conditions and preventing the development of blight and slums.
4.
To establish adequate standards for the provision of light, air and open spaces.
5.
To facilitate the provision of adequate public services such as transportation, water, sewerage, open space and parks.
6.
To zone all properties with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City.
7.
To protect all areas alike from harmful encroachment by incompatible uses and to insure that land allocated to a class of uses shall not be usurped by inappropriate uses within the parameters of the standards and requirements of this Title.
8.
To avoid the inappropriate development of lands and provide for adequate drainage, curbing or erosion, and reduction of flood damage.
9.
To fix reasonable standards to which buildings and structures shall conform.
10.
To prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed herein.
11.
To foster a more rational pattern of relationship between residential, business and industrial uses for the mutual benefit of all.
12.
To isolate or control the location of unavoidable nuisance-producing uses.
13.
To define the powers and duties of the administrative and enforcement officers and bodies.
14.
To prescribe penalties for any violation of the provisions of this Title, or of any subsequent amendments hereto.
The standards and requirements contained in this Title and the district mapping reflected on the City Zoning District Map are intended to implement all elements of the Comprehensive Plan, including the land use component, and the planning policies of the City.
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, comfort, convenience and general welfare. Where the conditions imposed by any provision of this Title, upon the use of buildings, structures or land, or upon the bulk of buildings or structures, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Title 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.
This Title is not intended to abrogate any easement, covenant or any other private agreement; provided, that where the regulations of this Title are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this Title shall govern.
The several provisions of this Title are separable, as follows:
1.
If any court of competent jurisdiction shall adjudge any provision of this Title, or any amendment hereto, to be invalid, such judgment shall not affect any other provisions of this Title not specifically included in said judgment.
2.
If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Title, or any amendments hereto, to a particular building, structure or parcel of land, such judgment shall not affect the application of said provision to any other building, structure or parcel of land not specifically included in said judgment.
All buildings or structures erected hereafter, all uses of buildings, structures or land established hereafter, and all structural alteration or relocation of existing buildings or structures occurring hereafter shall be subject to all regulations of this Title, or any amendment hereto, which are applicable to the zoning districts in which such buildings, structures or parcels of land shall be located.
(Ord. 80-5, 1-21-1980)
However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, or any amendment hereto, and provided that construction was begun before the effective date hereof, or any amendment hereto, and completion is accomplished within eighteen (18) months of the adoption of these regulations, or any amendment hereto, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may, upon completion, be occupied for the use for which originally designated, subject thereafter to the provisions of Section 6-2-19 and Chapter 10 of this Title.
(Ord. 80-5, 1-21-1980; amd. 1984 Code)
In the construction of this Title the definitions contained in this Section shall be observed and applied, except when the context clearly indicates otherwise. The following definitions of word use shall apply:
1.
Words used in the present tense shall include the future.
2.
Words used in the singular number shall include the plural number and the plural the singular.
3.
The word "shall" is mandatory and not discretionary.
4.
The word "may" is permissive.
5.
The word "lot" shall include the words "piece", "parcel" and "plot".
6.
The phrase "used for" shall include the phrases "maintained for" and "occupied for".
7.
The phrase "designed for" shall include the phrases "arranged for" and "intended for".
8.
All "measured distances" shall be to the nearest foot. If a fraction is one-half foot or less, the full number next below shall be taken.
| ACCESSORY BUILDING OR STRUCTURE: | A subordinate building, structure or portion of the principal building or structure, the use of which is incidental to that of the principal use of the principal building, structure or use of the land. |
| ACCESSORY BUILDING OR STRUCTURE, ATTACHED: | An accessory building or structure which is physically connected to the principal building or structure. |
| ACCESSORY BUILDING OR STRUCTURE, DETACHED: | An accessory building or structure which is entirely surrounded by open space and separated from the principal building or structure. |
| ACCESSORY USE: | A use incidental to the principal building, structure or use of land. |
|
AMUSEMENT
ESTABLISHMENT: | Establishments whose principal use is providing amusement or entertainment for a fee or admission charge. Such establishments include dance halls; theaters and studios; bowling alleys; billiard and pool establishments; and other similar or related uses. |
| APARTMENT HOTEL: | A hotel in which at least ninety percent (90%) of the accommodations are occupied or intended for occupancy by permanent guests. |
| APPEAL: | An appeal taken by a person from a decision or interpretation made by the Zoning Administrator. |
| AREA: | The measure of a horizontal plane bounded by the front, side and rear lot lines of a lot or parcel of land, but not including any area occupied by the waters of a duly recorded lake or river. |
|
AUTOMOBILE REPAIR
FACILITY: | A building, structure or portion thereof designed or used for the general repair, engine rebuilding, reconditioning, collision service or painting of motor vehicles. |
|
AUTOMOBILE SERVICE
STATION: | A building, structure or parcel of land used for: 1) dispensing, sale or offering for sale at retail to the public gasoline stored only in underground tanks, kerosene, lubricating oil, or grease for the operation of motor vehicles; and 2) the sale and installation of tires, batteries and other minor accessories and services for motor vehicles, but not including major motor vehicle repairs; and 3) washing of motor vehicles by hand. |
| BANK: | An organization, chartered by a state or federal government, which conducts retail banking operations on-site, including the receipt of deposits, payment of interest, certification of depositor's checks, issuance of drafts and loans, and withdrawal of cash through tellers or ATMs. |
| BASEMENT: | That portion of a building or structure having more than one-half (½) of its height below lot grade. |
| BEAUTY SHOP/SALON: | An establishment (except those known as barbershops or men's hair stylist shops) where people go to receive beauty treatments, and/or purchase beauty products. These treatments primarily include one or more of the following: 1) cutting, trimming, shampooing, weaving, coloring, waving, or styling hair; 2) providing facials; 3) applying makeup (except permanent makeup); and 4) providing nail care services, such as manicures, pedicures, and nail extensions. Spa services may be provided as additional and secondary services, including body art subject to the condition that said body art services shall be accessory to the primary use of the facility as a beauty shop/salon and that the area in which the body art services are provided shall not exceed twenty-five percent (25%) of the gross floor area of the beauty shop/salon. |
|
BED AND BREAKFAST
ESTABLISHMENT: | An operator occupied residence providing accommodations for a charge to the public with no more than five (5) guestrooms for rent, in operation for more than ten (10) nights in a 12-month period. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses, rooming houses, lodging houses or food service establishments. |
| Guestroom: | A sleeping room intended to serve no more than two (2) transient guests per night. |
| Operator: | The owner of the bed and breakfast establishment, or the owner's agent, who is required by the Illinois Bed and Breakfast Act, 50 Illinois Compiled Statutes 820/1 et seq., to reside in the bed and breakfast establishment or on contiguous property. |
| Transient Guest: | A person who pays for the right to occupy a bed and breakfast guestroom and for whom the guestroom is not a place of permanent residence. |
| BOARD: | As referred to in this Title as the Board of Zoning Appeals, or the Zoning Board of Appeals. |
| BOARDING HOUSE: | A building, structure or portion thereof which contains boarding rooms for rent in which occupants reside in separate living spaces under individual rental arrangements and for varying periods of time. Some services, such as laundry and cleaning, may be supplied. The presence of certain structural features to the dwelling unit shall constitute prima facie evidence that the structure is operating as a boarding house, including, but not limited to: |
| (1) separate double key or other locking mechanisms on internal individual occupant spaces which have the purpose of preventing access while the room is not occupied; or | |
| (2) multiple mailboxes on the house or property; or | |
| (3) locked or partitioned inside stairwells or doors physically separating parts of the house; or | |
| (4) separate electrical meters; or | |
| (5) separate kitchens or food preparation appliances in individual occupant spaces; or | |
| (6) multiple exterior entrances to individual occupant spaces in addition to the common entrance; or | |
| (7) lack of access to common living spaces which accommodate residents for a household purpose (i.e., living room, kitchen). | |
| Except as provided above, a boarding house does not encompass a situation where a property owner rents a residential structure through provision of a single lease to tenants who intend to occupy it as a shared home for an extended duration. | |
| BOARDING ROOM: | This term refers to a room within a principal residential structure that is rented as sleeping and living quarters, but without cooking facilities in the room and with or without an individual bathroom, which provides access to common areas of the home including the entry, living, kitchen and bathroom areas and does not possess characteristics of a boarding house. |
| BODY ART ESTABLISHMENT: | A facility licensed by the Illinois Department of Public Health to administer body art, including body piercing, artistic and cosmetic tattooing, and permanent makeup, as defined in Chapter 7 (Body Art, Tattooing, and Body Piercing) of Title 4 (Health and Sanitation) of the Naperville Municipal Code. |
| BUILDING: | Any structure built, used, designed or intended for the support, shelter, protection or enclosure of persons, animals, chattels or property of any kind, and which is permanently affixed to the land. |
| BUILDING, NONCONFORMING: | A building which exists upon the effective date of adoption or amendment of this Title and which does not comply with the conditions, area requirements, lot width requirements, yard requirements, height limitations, bulk regulations or off street parking and loading requirements of the zoning district in which said building is located by reason of the adoption or amendment of this Title. |
| BUILDING, PRINCIPAL: | A building or structure in which a principal use is conducted. |
| BUILDING, TEMPORARY: | A building not designed or intended for permanent human occupancy nor for the permanent protection of animals, chattels or property of any kind. |
| BULK: | The term used to describe the size of buildings or structures, and their relationships to each other and to open areas and lot lines, and therefore includes: |
| 1. The size of a building or structure; and | |
| 2. The area of the lot upon which a building or structure is located, and the number of dwelling units within such building or structure in relation to the area of the lot; and | |
| 3. The shape of a building or structure; and | |
| 4. The location of exterior walls of a building or structure in relation to lot lines, to other walls of the same building or structure, to legally required windows, or to other buildings or structures; and | |
| 5. All open areas relating to a building or structure and their relationship thereto. | |
| BYPASS LANE: | A lane that facilitates the movement of traffic by allowing motorists to avoid or bypass the stacking lane. |
| CANNABIS FACILITIES: | Those facilities defined in Section 6-2-32 (Cannabis Facilities) of this Title. |
| CAR WASH: | A building, structure or portion thereof containing facilities for washing motor vehicles. |
|
CARRYOUT
ESTABLISHMENTS: | A building, structure or portion thereof which is maintained, operated, advertised or held out to the public as a place where food, beverages, or desserts are served in disposable containers or wrappers from a serving counter for consumption off the premises. These establishments often provide drive-through facilities. |
|
CENTRAL BUSINESS
DISTRICT: | Whenever the term "central business district" is used, it shall mean the downtown core. |
| CLUB: | A nonprofit corporation or association of persons for the promotion of some common purpose, including, but not limited to, literature, science, politics, and good fellowship. |
| COLLEGE OR UNIVERSITY: | An institution of higher education accredited by a regional organization or authorized by the State to issue baccalaureate, graduate, and professional level degrees. |
| COMMERCIAL ART STUDIO: | An establishment engaged in the sale or exhibit of artworks such as paintings, sculpture, macrame, knitted goods, stitchery, or pottery. The studios are also engaged in the creations of such artworks and often offer instruction in their creation. |
| COMMISSION: | As referred to in this Title is the Plan Commission. |
|
CONDITIONS AND
RESTRICTIONS: | Provisions and limitations which may be imposed upon a building, structure or parcel of land at the time the City Council grants a variance, amendment or conditional use. |
| CONVALESCENT HOME: | A building or structure which is used, designed or intended for the care of the aged or infirm, or for those suffering bodily disorders and which does not contain the facilities nor render the services normally associated with a hospital. |
| CROSS DOCKS: | The practice of unloading goods from inbound delivery vehicles and loading them directly onto outbound vehicles. |
| CULTURAL INSTITUTIONS: | Establishments such as museums, botanical, and zoological gardens of a historic, educational or cultural interest, or art galleries which are operated primarily for the display, rather than the sale, of works of art. |
| DATA CENTER: | A large group of networked computer servers typically used by organizations for the remote storage, processing, or distribution of large amounts of data. |
| DAY: | Day, unless otherwise specified, shall mean business day. A business day shall mean any day other than a Saturday, Sunday, or a Federal holiday. If the date for taking any action in this Title falls on a Saturday, Sunday, or Federal holiday, then the notice or obligation may be given or performed on the next business day after that Saturday, Sunday, or Federal holiday. |
| DAYCARE CENTER: | A facility as described in Section 2.09 of the Childcare Act of 1969 [1], as amended. |
| DAYCARE HOME: | A facility as described in Section 2.18 of the Childcare Act of 1969 [2], as amended. |
| SERVICES, COMMERCIAL: | The business or occupation of doing convenience work for others for a fee with the services performed on-site and goods available for purchase on-site. Commercial services depend on visibility to attract walk-in customers. Examples of commercial service uses include banks, barbershops, beauty shops/salons, dry cleaning, shoe repair, tailor shops, photography studios. Accessory retail is allowed, up to a maximum of twenty-five percent (25%) of the customer area, in conjunction with permitted commercial service uses. |
| SERVICES, GENERAL: | The business or occupation of doing work for others for a fee with a primary business, office, showroom or training component. General services are typically scheduled by appointment. Uses include business, professional, medical or dental offices, workrooms or studios of artists, authors, interior designers, sculptors or other trades people, instruction in music, dance, fitness, home crafts and art, showroom and meeting/conference space, health spas without lodging facilities/massage establishments, and similar uses. Accessory retail is allowed, up to a maximum of ten percent (10%) of the customer area, in conjunction with permitted general service uses. |
|
SEXUALLY ORIENTED
BUSINESS: | Any premises to which the public, patrons or members are invited or admitted and which is so physically arranged as to provide booths, cubicles, rooms, compartments, or stalls separate from the common areas of the premises for the purpose of viewing adult oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron, or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. A sexually oriented business further includes, without being limited to, any adult store, adult motion picture theaters, adult mini-motion picture establishments, adult cabaret, adult entertainment studio, or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import. |
| SHOPPING CENTER: | An integrated and harmonious design of a building or structure or buildings or structures in which is located a group of business enterprises and which has adequate and properly arranged facilities for internal traffic circulation, collective off street parking and loading facilities, landscaping, and other features and facilities common to shopping center developments. A shopping center is usually, but not necessarily, planned, developed, owned or managed as a unit. |
| SLEEP CLINIC: | A building, structure or portion thereof which is maintained or operated for the diagnosis, treatment, and care of persons suffering from a sleep disorder or comparable medical condition as approved by the Zoning Administrator, rendering overnight operations medically necessary and/or beneficial. |
| SMOKE: | The visible discharge from a chimney, stack, vent, exhaust or combustion process which consists of particulate matter. |
|
SPECIALTY FOOD
ESTABLISHMENT: | A limited service establishment (without wait staff) that offers specialty snack and food products and/or beverages. Examples include bakeries, butcher and produce markets, spice shops, tea shops, coffee shops, ice cream, candy, popcorn, and cookie shops, and carry out establishments. Specialty food establishments may have up to twenty-five percent (25%) of the interior customer space dedicated to patron seating. |
| STACKING LANE: | A queuing area for motorists who remain in their vehicles awaiting service at a drive-through facility or discharging or picking up passengers at other facilities. |
| STORY: | That part of a building or structure between any floor and the floor next above, and if there be no floor above, then the ceiling above. A basement is a story if its ceiling is four (4) feet or more above the level from which the height of the building or structure is measured. |
| STORY, HALF: | That portion of a building or structure under a gable or hip roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four and one-half (4½) feet above the finished floor of each story. A half story shall include finished or unfinished space under a roof that meets one of the following criteria: it is accessible by a stairway; it is designed to support habitable spaces as well as bathrooms, toilet rooms, closets, storage, or hallways; it is improved with floor sheathing or decking. |
| The floor area of the half story shall not exceed fifty percent (50%) of the gross building area of the story immediately below it. If a dormer(s) provided on a sloping roof facing a front, corner side or interior side yard of a structure exceeds thirty percent (30%) of the maximum width of the roof surface on which the dormer(s) is built, then the roofed area shall be considered a full story. | |
| STRUCTURAL ALTERATION: | Any change, other than incidental repairs, which prolongs the life of the supporting members of a building or structure, such as the addition, removal or modification of bearing walls, columns, beams, girders or foundations. |
| STRUCTURE: | An object which is constructed or erected and which requires permanent location on the land or attachment to an object having permanent location on the land. The term "structure" is intended to include, but not be limited to, such objects as buildings, fences, parking lots, concrete or asphalt slabs, decks and patios. |
|
STRUCTURE,
NONCOMPLYING: | A structure which exists upon the effective date of the adoption or amendment of this Title and which does not comply with the conditions, area requirements, lot width requirements, yard requirements, height limitations, bulk regulations or off street parking and loading requirements of the zoning district in which said structure is located by reason of the adoption or amendment of this Title. |
| STRUCTURE, PRINCIPAL: | A building or structure in which a principal use is conducted. |
| STRUCTURE, TEMPORARY: | A structure not designed or intended for permanent human occupancy nor for the permanent protection of animals, chattels or property of any kind. |
| SUBJECT PROPERTY: | The real property which is the subject of an appeal or petition. |
| USE: | The purpose or activity for which the land or building or structure thereon is designed, arranged or intended, or for which it is occupied or maintained. |
| USE, CONDITIONAL: | A use which, because of its unique characteristics, may be allowed in a specified zoning district permitting it as a conditional use, only after special consideration of its impact upon neighboring land and of public need for the use at the particular location. |
| USE, NONCONFORMING: | The use of any building, structure or parcel of land which lawfully is occupied and maintained upon the effective date of the adoption or amendment of this Title and which does not conform to the use regulations of the zoning district in which the use is located by reason of the adoption or amendment of this Title. |
| USE, PERMITTED: | A use which may be lawfully established in a particular zoning district or districts, provided it conforms with all requirements, regulations and standards of such zoning district. |
| USE, PRINCIPAL: | The primary purpose or function of a building, structure or parcel of land. A principal use may be either a permitted use or a conditional use. |
| USE, TEMPORARY: | A use of a building, structure or parcel of land which is impermanent and in existence for a limited amount of time. |
| VARIANCE: | A waiver of the terms of the zoning regulations where, due to conditions peculiar to the property, a literal enforcement of the regulations would result in unnecessary and undue hardship. |
| VETERINARY OFFICE: | A building, structure, premises, or portion thereof where domestic animals are primarily given veterinary medical or surgical treatment and are cared for during the time of such treatment. A veterinary office may include the boarding of domestic animals when housed under the continuous observation of veterinary professionals, provided that the boarding service is in compliance with standards set forth in Section 6-2-25 of this Title. |
| VIBRATION: | A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium when that equilibrium has been disturbed. |
| VIOLATION: | The act of disregarding, disobeying, neglecting, omitting or refusing to comply with the regulations or enforcement of this Title. |
| WAREHOUSE AND STORAGE FACILITY: | A building or structure used for the storage and distribution of goods and materials, including but not limited to distribution and fulfillment centers. |
|
WAREHOUSE,
SELF-STORAGE: | A building or structure which is used for the purpose of renting or leasing individual storage spaces to occupants and is designed for the storage and removal of vehicles and/or personal property. |
| WATER STREET STUDY AREA: | The area and all properties included therein bounded by the west branch of the DuPage River to the north, Aurora Avenue to the south, Main Street to the east and Webster Street to the west. |
| YARD: | An open space required by the provisions of this Title which is located at grade between a building or structure and the adjoining lot lines and which is unobstructed or unoccupied by any portion of a building or structure from the ground upward, except as provided in Section 6-2-3 of this Title. |
| YARD, CORNER SIDE: | A yard which is bounded by the front yard line, corner side yard line, rear yard line and corner side lot line. |
| YARD, FRONT: | A yard which extends across the lot and which is bounded by the side lot lines, the front lot line and the front yard line. |
| YARD, INTERIOR SIDE: | A yard which is bounded by the front yard line, interior side yard line, rear yard line and side lot line. |
| YARD LINE, CORNER SIDE: | A line which is parallel to the corner side lot line and which is not nearer to the corner side lot line at any point than the required corner side yard depth. |
| YARD LINE, FRONT: | A line which extends across the lot and is parallel to the front lot line and which is not nearer to the front lot line at any point than the required front yard depth. |
| YARD LINE, INTERIOR SIDE: | A line which is parallel to the interior side lot line and which is not nearer to the interior side lot line at any point than the required interior side yard depth. |
| YARD LINE, REAR: | A line which extends across the lot and is parallel to the rear lot line and which is not nearer to the rear lot line at any point than the required rear yard depth. |
| YARD, REAR: | A yard which extends across the lot and which is bounded by the side lot line, the rear lot line, and the rear yard line. |
| YARD, TRANSITIONAL: | A yard which is provided on a lot in an industrial district which abuts a lot in a residence district. |
| ZONING ADMINISTRATOR: | The person designated by Section 6-3-1 of this Title as the officer responsible for enforcing and administering all requirements of this Title. |
| ZONING DISTRICT MAP: | The map incorporated herein by reference which designates zoning districts. (Ord. 80-5, 1-21-1980; amd. Ord. 87-90, 6-15-1987; Ord. 87-152, 10-5-1987; Ord. 89-09, 1-16-1989; Ord. 89-100, 6-5-1989; Ord. 90-217, 10-16-1990; Ord. 91-102, 6-18-1991; Ord. 91-209, 11-5-1991; Ord. 93-73, 4-19-1993; Ord. 99-27, 2-16-1999; Ord. 99-124, 8-3-1999; Ord. 99-180, 10-19-1999; Ord. 99-227, 12-21-1999; Ord. 00-02, 1-18-2000; Ord. 00-91, 5-16-2000; Ord. 01-110, 6-5-2001; Ord. 01-140, 7-17-2001; Ord. 01-141, 7-17-2001; Ord. 02-132, 5-21-2002; Ord. 03-18, 1-21-2003; Ord. 03-64, 2-18-2003; Ord. 04-039, 3-16-2004; Ord. 04-117, 7-6-2004; Ord. 05-027, 2-15-2005; Ord. 05-125, 7-5-2005; Ord. 06-143, 6-20-2006; Ord. 06-191, 8-15-2006; Ord. 06-225, 9-19-2006; Ord. 06-243, 11-6-2006; Ord. 06-264, 11-21-2006; Ord. 06-300, 12-19-2006; Ord. 07-19, 2-6-2007; Ord. 07-182, 8-6-2007; Ord. 08-018, 1-15-2008; Ord. 08-035, 2-19-2008; Ord. 08-078, 4-15-2008; Ord. 08-114, 6-17-2008; Ord. No. 10-073, § 1, 6-15-2010; Ord. No. 10-087, § 2, 7-20-2010; Ord. No. 11-034, § 4, 3-1-2011; Ord. No. 11-043, § 2, 3-15-2011; Ord. No. 11-090, § 2, 6-21-2011; Ord. No. 11-179, § 2, 12-19-2011; Ord. No. 11-189, § 1, 12-19-2011; Ord. No. 13-082, § 2, 8-20-2013; Ord. No. 13-129, § 3, 11-5-2013; Ord. No. 13-162, § 2, 12-17-2013; Ord. No. 15-169, § 2, 10-6-2015; Ord. No. 15-190, § 2, 12-1-2015; Ord. No. 16-081, § 2, 6-21-2016; Ord. No. 16-108, § 2, 8-16-2016; Ord. No. 19-099, § 3, 8-20-2019; Ord. No. 20-088, § 3, 8-18-2020; Ord. No. 20-124, § 3, 11-17-2020; Ord. No. 22-015, § 2, 2-15-2022; Ord. No. 22-044, § 2, 5-3-2022; Ord. No. 23-091, § 2, 6-20-2023) |
1.
The provisions of ordinance A-139, as amended, shall be applicable only to the territory shown on the "City of Naperville zoning district map" dated January 21, 1980, as subject to the provisions of ordinance A-139, and such provisions shall remain applicable only until the date of expiration of the respective annexation agreements as shown on said map, or until changed in accordance with law.
2.
Upon expiration of an annexation agreement for territory shown on the "City of Naperville zoning district map" dated January 21, 1980, to be subject to ordinance A-139, such territory shall be subject to the regulation and district classification imposed by this Title as of the date shown on such map.
3.
No additional territory shall be made subject to the provisions of ordinance A-139 after January 21, 1980, and the City Council shall, without notice or further public hearing, repeal the provisions of this Section and ordinance A-139 at such time as no territory remains subject to the regulations of ordinance A-139.
(1984 Code)
