This title shall be known and may be cited as the PEORIA HEIGHTS ZONING ORDINANCE. (Ord. 740, 4-7-1970)

The zoning regulations and standards herein adopted and established have been made for the purpose of:

   A.   Securing adequate light, pure air and safety from fire and other dangers;

   B.   Conserving the value of land, buildings and structures throughout the village;

   C.   Lessening and avoiding congestion in the public streets;

   D.   Lessening and avoiding hazards to persons and damage to property resulting from the accumulation or runoff of stormwater or floodwater;

   E.   Promoting the public health, safety, comfort, morals and general welfare;

   F.   Regulating and limiting the height and bulk of buildings and structures hereafter to be erected;

   G.   Establishing, regulating and limiting the building or setback lines on or along any street, trafficway, drive, parkway or stormwater or floodwater runoff channel or basin;

   H.   Regulating and limiting the intensity of the use of lot areas, and regulating and determining the area of open spaces within and surrounding buildings and structures;

   I.   Classifying, regulating, and restricting the location of trades and industries and the location of buildings, structures, and land designed for specified industrial, commercial, residential and other uses;

   J.   Dividing the entire village into districts of such number, shape, area and such different classes according to the use of land, buildings and structures, intensity of the use of lot area, areas of open space and other classifications as may be deemed best suited to carry out the purposes of this title;

   K.   Fixing regulations and standards to which buildings, structures, or uses therein shall conform;

   L.   Prohibiting uses, buildings, or structures incompatible with the character of such districts; and

   M.   Preventing additions to the alteration or remodeling of existing buildings, structures or uses in such a way as to avoid the restrictions and limitations lawfully imposed under this title. (Ord. 740, 4-7-1970; amd. 2016 Code)

   A.   In interpreting and applying the provisions of this title, they shall be held to the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare.

   B.   It is not intended by this title to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this title imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, or regulations or by easements, covenants or agreements, the provisions of this title shall govern.

   C.   The performance standards, regulations and standards, rules, requirements, provisions, and restrictions set by this title shall apply to all structures, uses, lots, and tracts of land created or established after the effective date hereof and shall not be deemed to require any change in the structures, uses, lots and/or tracts of land lawfully existing on said effective date except as expressly specified in this title. (Ord. 740, 4-7-1970)

   D.   To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date hereof and upon which actual building construction has been diligently carried on. "Actual construction" is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner or demolition, elimination, or removal of an existing structure in connection with such construction; provided, that actual construction work shall be diligently carried on until completion of the building involved. (Ord. 2013-1393, 10-8-2013)

   E.   Should any section, clause or provision of this title be declared by the court to be invalid, the same shall not affect the validity of this title as a whole or any part thereof, other than the part so declared to be invalid. (Ord. 740, 4-7-1970)

   A.   No structure or land shall hereafter be used or occupied and no structure or part thereof shall hereafter be constructed, erected, altered, remodeled, extended, or moved unless in conformity with all the regulations and standards herein specified for the district in which it shall be located.

   B.   No structure shall hereafter be constructed, erected, altered, remodeled, extended, or moved:

      1.   To exceed the height;

      2.   To occupy or house a greater number of families;

      3.   To occupy a greater percentage of the lot area;

      4.   To exceed the floor area ratio;

      5.   To have smaller or less habitable floor area per dwelling unit or lodging unit; or

      6.   To exceed the maximum floor area;

than herein required or in any manner contrary to regulations and standards of the district in which it is located. (Ord. 740, 4-7-1970)

The following structures and uses are exempted from the application of the district regulations and standards and are permitted in any district: poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or any similar distributing equipment for telephone or other communications, and electric power, gas, water and sewer lines; provided, that the installation shall conform, where applicable, with the rules and regulations of the Illinois commerce commission, the civil aeronautics administration, and other public authorities having jurisdiction. A zoning permit shall be obtained for any aboveground electric substation or switching station, gas regulator station, water pump station, telephone exchange or similar utility structure. (Ord. 740, 4-7-1970)