This chapter shall be known, cited, and referred to as the Zoning Code of the City of Palos Heights.

('69 Code, App. A, § 1)

   (A)   This chapter is adopted for the following purposes:

      (1)   To promote and protect the public health, safety, morals, comfort, convenience, and the general welfare of the people.

      (2)   To divide the entire city into districts, restricting and regulating therein the location, construction, reconstruction, alteration, and use of buildings, structures, and land for residence, business, manufacturing, and other specified uses.

      (3)   To protect the character and maintain the stability of residential, business, farming, and manufacturing areas within the city, and to promote the orderly and beneficial development of such areas.

      (4)   To secure adequate light, air, privacy, and convenience of access to property.

      (5)   To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air and protect the public health.

      (6)   To establish building lines and setbacks, and the location of buildings designed for residential, business, farming, manufacturing, or other uses within such lines and setbacks.

      (7)   To fix reasonable standards to which buildings or structures shall conform.

      (8)   To prohibit uses, buildings, or structures which are incompatible with the character or development, or the permitted uses, within specified districts.

      (9)   To prevent additions to, and alterations or remodeling of, existing buildings and structures as would not comply with the restrictions and limitations imposed hereunder.

       (10)   To limit congestion in the public streets by making adequate provision for off-street parking and off-street loading facilities.

       (11)   To provide protection against fire, explosion, noxious fumes, and other hazards, in the interest of the public health, safety, comfort, and the general welfare.

       (12)   To prevent the overcrowding of land and undue concentration of structures, so far as it is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them.

       (13)   To conserve the taxable value of land and buildings throughout the city.

       (14)   To define and limit the powers and duties of the administrative officers and bodies as herein provided.

       (15)   To prescribe penalties for the violation of the provisions of this chapter and any amendments hereto.

   (B)   Nothing contained in this chapter shall be deemed to be a consent, license, or permit to use any property, to locate, construct, or maintain any building, structure, or facility, or to carry on any trade, industry, occupation, or activity.

   (C)   The provisions of this chapter are cumulative and additional limitations upon all other laws and ordinances heretofore or hereafter enacted, governing any subject matter herein.

('69 Code, App. A, § 2)

   For the purpose of this chapter, the following words and phrases shall have the following meanings ascribed to them respectively:

   ACCESSORY BUILDING OR USE. Does not include GARDEN SHED. An ACCESSORY BUILDING OR USE is one which:

   (A)   Is subordinate to and serves a principal building or principal use;

   (B)   Is subordinate in area, extent, or purpose to the principal building or principal use served;

   (C)   Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served;

   (D)   Is located on the same lot as the principal building or principal use served, with the single exception of accessory off-street parking facilities which the city council may permit to be located elsewhere than on the same lot with the building or use served.

   AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, verticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, that the operation of any accessory uses shall be secondary to that of the normal agricultural activities.

   BUILDING. Any structure designed or built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind, including all other structures of every kind, regardless of similarity to buildings.

   BUILDING, COMPLETELY ENCLOSED. A building separated on all sides from the adjacent open space, or from other buildings or structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

   BUILDING, PRINCIPAL. A nonaccessory building in which a principal use of the lot, on which it is located, is conducted.

   CLUB, PRIVATE. A nonprofit association of persons, who are bona fide members paying annual dues, which owns, hires, or leases a building or premises, or portion thereof, the use of which is restricted to members and their guests. The affairs and management of the PRIVATE CLUB is conducted by a board of directors, executive committee, or similar body chosen by the members.

   DISTRICT. A section or sections of the city within which certain uniform regulations and requirements obtain under the provisions of this chapter.

   DRIVE-IN. Any establishment which accommodates the patrons' automobiles, from which the occupants may watch, purchase, etc.

   DWELLING, SINGLE-FAMILY. A building designed for or occupied by one family.

   DWELLING, TWO-FAMILY. A building designed for or occupied exclusively by 2 families.

   DWELLING, MULTIPLE-FAMILY. A building designed for or occupied exclusively by more than 2 families.

   FAMILY. Either:

      (1)   Two or more persons, each related to the other by blood, marriage, or adoption, together with foster children and usual domestic servants and not more than one bona fide guest, all living together as a single housekeeping unit and using common kitchen facilities (that is, a related family); or

      (2)   Two or fewer persons, all of whom are not necessarily related to each of the others by blood, marriage, or adoption, all living together as a single housekeeping unit and using common kitchen facilities (that is, an unrelated family). For purposes of this zoning code, however, an unrelated family shall not include persons living together in a community residence or nursing home.

   GARDEN SHED. A structure used primarily for the storage of garden or lawn equipment and supplies.

   LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one principal building and accessory building, the open spaces required hereunder for off-street parking or loading facilities, and having its principal frontage upon a street or upon an officially approved place. LOT includes the words "tract," "piece," and "parcel."

   LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds of Cook County, Illinois, or a parcel of land the deed to which was recorded in the office of the recorder prior to the adoption of this chapter.

   MOTEL. An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet spaces, designed for use by transient automobile tourists.

   NONCONFORMING USE. Any use of land, buildings, or structures which does not comply with all of the regulations of this chapter or of any amendment hereto governing use for the district in which the use is located.

   SETBACK. The horizontal distance between the front line of the principal building or structure and the front property line.

   STREET. A public or private right-of-way which affords a primary means of access to abutting property, but excepting driveways to buildings.

   STRUCTURAL ALTERATIONS. Any change, other than incidental repairs, which would prolong the life of supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations.

   TRAILER. Any vehicle, house car, camp car, or any portable or mobile vehicle on wheels, skids, rollers, or blocks, either self-propelled or propelled by any other means, which is used or designed to be used for residential, living, sleeping, or commercial purposes and herein referred to as a trailer.

   USE, PERMITTED. A use which may lawfully be established in a particular district or districts, provided it complies with all requirements, regulations, and standards of the district.

   USE, PRINCIPAL. The main use of a land or buildings as distinguished from a subordinate or accessory use. A PRINCIPAL USE may be either "permitted" or "special."

   USE, SPECIAL. A use, either public or private, which, because of its unique characteristics, cannot properly be classified as a permitted use in any particular district or districts. After due consideration, in each case, of the impact of the use upon neighboring land and of the public need for the particular use at the particular location, a SPECIAL USE may or may not be granted.

   YARD. An open space between a building and the adjoining lot lines, unoccupied and unobstructed, except as herein otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the principal building or any projection thereof other than the projection of usual uncovered steps, unenclosed balconies, unenclosed porches, or unenclosed patios shall be used.

   YARD, FRONT. A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the principal building, other than the projection of usual roof overhangs or uncovered steps.

   YARD, REAR. A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof, other than the projection of usual uncovered steps, unenclosed balconies, unenclosed porches, unenclosed patios, or roof overhangs.

   YARD, SIDE. A yard between the principal building and the side line of a lot, extending from the front setback line to the rear setback line, and being the minimum horizontal distance between the side of the principal building and the sideline of the lot. In no case shall the size of the roof overhang exceed 1/3 the distance from the principal building to the side lot line as measured at the front setback line.

(‘69 Code, App. B, § 3.2; amend. Ord. O-8-77, passed 1-18-77; amend. Ord. O-19-85, passed 6-4- 85; amend. Ord. 90-30, passed - - 90; amend. Ord. O-15-09, passed 5-19-09; amend. Ord. O-38-15, passed 10-6-15; amend. Ord. O-22-17, passed 6-6-17; amend. Ord. O-24-17, passed 6-20-17; Am. Ord. O-12-22, passed 8-2-22; Am. Ord. O-17-22, passed 10-18-22)

   The city is not opposed to a home occupation which is incidental to the primary use of a home as a dwelling and does not infringe upon the health, welfare, and right to quiet enjoyment of nearby home owners. An occupation may, therefore, be conducted in a residential dwelling unit, but only if the occupation conforms at all times to all of the following criteria and conditions:

   (A)   The home occupation shall be incidental and secondary to the use of the dwelling unit for dwelling purposes.

   (B)   There shall be no signs, advertising, display, or activity that will indicate from the exterior that the building is being used, in part, for any purpose other than a dwelling.

   (C)   No commodities shall be sold on the premises except preordered merchandise. Such merchandise shall be limited to specialty goods and services only.

   (D)   All activity including storage shall be conducted completely within the dwelling unit and in no case shall there be visible, outside storage of goods, supplies, or equipment.

   (E)   There shall be no perceptible noise, odor, smoke, electrical interference, or vibration emanating from the structure in which the home occupation functions.

   (F)   No mechanical or electrical equipment shall be used except typewriters, calculators, small copy machines, and a computer no larger than mini.

   (G)   No hazardous materials shall be stored, as defined by the National Fire Protection Association's current revision.

   (H)   No traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood.

   (I)   Home occupations in all residential districts shall be considered as special privileges within that district and shall be revocable when the home occupations impinge upon the rights and privileges of the residential district in which they take place by violating all above criteria.

   (J)   No persons shall be employed on the premises except persons who are permanent legal residents of the premises.

(Ord. O-19-85, passed 6-4-85; amend. Ord. 45-86, passed 11-18-86)