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Park Ridge City Zoning Code

SECTION 1

TITLE, PURPOSE AND APPLICABILITY

1.1 - Title.

This ordinance shall be known, referred to and cited as "The Zoning Ordinance of the City of Park Ridge."

1.2 - Intent.

The intent of this document is to establish a comprehensive land use regulation code to serve the city. The regulations enumerated are based upon the city's comprehensive plan, and the overall city policies and objectives. These regulations are intended to serve the city as it deals with future growth. Furthermore, this ordinance is enacted by the Corporate Authorities of the city pursuant to the authority granted them under the constitution of the State and all of the city's home rule powers. Any reference to this ordinance shall include amendments to this ordinance.

1.3 - Purpose.

The purpose of this ordinance is to:

(a)

Promote public health, safety, convenience, comfort and general welfare.

(b)

Secure adequate light, air and open space, and safety from fire and other dangers.

(c)

Conserve the taxable value of land and buildings throughout the municipality.

(d)

Lessen or reduce congestion in public streets.

(e)

Facilitate the adequate provision of transportation, utility systems, schools, parks and other public facilities.

(f)

Protect the air, water and land resources of the city from the hazards of pollution.

(g)

Insure and facilitate the preservation of sites, areas, and buildings and structures of historical, architectural and aesthetic importance.

(h)

Preserve and maintain the essential character of the city as it exists as of the date of the adoption of this ordinance. To preserve and protect the natural features and historic locations of buildings and groups of buildings, as well as buildings, groups of buildings, neighborhoods and communities of distinguished architectural character and appearance.

(i)

Regulate and limit the height and bulk of buildings.

(j)

Establish, regulate and limit the building or setback lines on, or along, any street, traffic-way, drive, parkway, or storm or floodwater runoff channel or basin.

(k)

Regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of open spaces, within and surrounding such buildings.

(l)

Classify, regulate and restrict the location of commercial business, and the location of buildings designed for specified commercial, residential and other uses.

(m)

Divide the entire municipality into districts of such number, shape and area, and of such different classes (according to use of land and buildings, height and bulk of buildings, intensity of the use of lot area, density, area of open spaces, or other classification) as may be deemed best suited to carry out the purposes of this ordinance.

(n)

Fix standards to which buildings or structures shall conform.

(o)

Prohibit uses, buildings or structures incompatible with the character of the districts in which they are located.

(p)

Provide for the gradual elimination of nonconforming uses of land, buildings and structures.

(q)

Promote the economic diversity of the community and enhance opportunities for participation in the economic and social systems of the community.

(r)

Define the powers and duties of administrative officers and bodies.

(s)

Prescribe penalties for the violation of the provisions of this Ordinance.

1.4 - Applicability.

(a)

Territorial application. This ordinance shall apply to all land, uses, buildings and structures within the corporate limits of the city, including those owned by other municipal corporations and government bodies.

(b)

General application. In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion and protection of the public health, safety, convenience, comfort and general welfare, and shall be construed to achieve the purposes for which this ordinance was adopted.

(c)

General prohibition. Except as otherwise provided by this ordinance, no portion or whole of any building, structure or land shall be used or occupied, and no building or structure, in whole or in part, shall be erected, constructed, reconstructed, moved, enlarged or structurally altered unless it conforms with the provisions of this ordinance.

(d)

Private agreements. This ordinance is not intended to nullify any private agreement or covenant. However, where this ordinance is more restrictive than a private agreement or covenant, this ordinance shall control.

(e)

Other laws and regulations. Unless otherwise specifically provided, the ordinance shall control over less restrictive statutes, ordinances or regulations, and more restrictive statutes, ordinances or regulations will control over the provisions of this ordinance.

1.5 - Transition rules.

In determining the applicability of this ordinance, with respect to the previously applicable zoning regulations, the following rules shall apply.

(a)

Existing illegal uses and structures. A structure or use that is illegal at the time of the adoption of, but is made legal by the provisions of this ordinance, is deemed lawful as of the effective date of this ordinance. However, if that structure or use does not conform with each and every requirement of this ordinance, then that structure or use shall remain unlawful.

(b)

Existing permitted uses. If property is used in a manner that was classified as a permitted use prior to the effective date of this ordinance; and that use is classified as a special use by this ordinance, that use shall be deemed a lawful special use. However, any subsequent addition, enlargement or expansion of that use shall be required to conform to the procedural and substantive requirements for special uses pursuant to this ordinance.

(c)

Certain uses rendered nonconforming. If property is used in a manner that was a lawful use before the effective date of this ordinance, and this ordinance no longer classifies that use as either a permitted or special use in the zoning district in which it is located, that use shall be deemed a legal nonconforming use and shall be controlled by the provisions of section 15 (Nonconformities).

(d)

Certain buildings, structures and property rendered nonconforming. If a building, structure or property existing on the effective date of this ordinance does not meet all standards set forth in this ordinance, that building, structure or property shall be deemed nonconforming and shall be controlled by the provisions of section 15 (Nonconformities).

(e)

Previously issued building permits. If a building permit for a building or structure was lawfully issued prior to the effective date of this ordinance, and if construction has begun within 180 days of the issuance of that permit and diligently pursued to completion, the building or structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under an occupancy certificate for the use originally intended.

(f)

Previously granted special uses and variances. All special uses and variances granted prior to the effective date of this ordinance shall remain in full force and effect. The recipient of the special use or variance may proceed to develop the property in accordance with the plans approved by the City Council or Zoning Board of Appeals and any applicable conditions. However, if the recipient has failed to act on the special use or variance before the approval expires, including any periods of extension granted, the provisions of this ordinance shall govern.

(g)

Pending applications. If an application is pending on the effective date of the ordinance, the provisions of this ordinance shall govern that application.

1.6 - Severability.

If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair, invalidate or nullify the remainder of this ordinance. The effect of the judgment shall be confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which judgment or decree was rendered.

1.7 - Effective date.

The effective date of this ordinance is the date of adoption, this date May 9, 2007.

1.8 - Repeal of previous zoning ordinance.

After the effective date of this ordinance, all provisions of the Zoning Ordinance of the city, as adopted on September 2, 1975, as amended from time to time, are expressly repealed in their entirety. This repeal only applies to the provisions of the Zoning Ordinance.