A.   Minimum Requirements: The provisions herein shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

   B.   Relationship With Other Laws: Where the conditions imposed by any provision herein upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision herein or 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.

   C.   Effect On Existing Agreements: 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 easement, covenants, or other private agreements, the requirements shall govern.

   D.   Existing Violations: No building, structure, or use which was not lawfully existing at the time of the adoption of this title shall become or be made lawful solely by reason of the adoption of this title; and to the extent that, and in any manner that said unlawful building, structure or use is in conflict with the requirements of this title, said building, structure, or use remains unlawful hereunder and shall be discontinued and not reestablished.

   E.   Appendices: The appendices attached to the ordinance codified herein, which are established solely as a reference guide to this title are not, and shall not be construed to be, a part of this title.

   F.   Title Provisions: If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provisions of this title not specifically included in said judgment.

   G.   Property Application: If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment.

   H.   Permit: Nothing contained in the Prospect Heights zoning ordinance 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. Such licenses, consent or permits must be obtained as are required by this title and other municipal ordinances.

   I.   Cumulative Regulations: The provisions in the Prospect Heights zoning ordinance are cumulative and additional limitations upon all other laws and ordinances, heretofore passed or which may be passed hereafter, govern any subject matter in the ordinance. (Ord. 0-77-27, 7-18-1977)

   A.   Changes In Structures Or Use: Within the corporate limits of the city of Prospect Heights, except as may otherwise be provided in chapter 4 of this title, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, shall be subject to all regulations herein which are applicable to the zoning districts in which such buildings, uses or land shall be located.

   B.   Nonconforming Buildings, Structures And Uses: Any lawful building, structure or use existing at the time of the enactment of the zoning ordinance may be continued, even though such building, structure or use does not conform to the provisions herein for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions of chapter 4, "Nonconforming Buildings, Structures And Uses", of this title.

   C.   Existing Uses: Except as may otherwise be provided, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations herein which are applicable to the zoning districts in which such buildings, uses or land shall be located.

   D.   Building Permits: Where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, and provided that construction is begun within ninety (90) days of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further may upon completion be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of chapter 4, "Nonconforming Buildings, Structures And Uses", of this title. (Ord. 0-77-27, 7-18-1977)

   A.   Use: No building, structure or land shall hereafter be used or occupied, and no building or part thereof, or other structure, shall be erected, raised, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations herein specified for the district in which it is located. See also chapter 4, "Nonconforming Buildings, Structures And Uses", of this title.

   B.   Bulk: All new buildings and structures shall conform to the regulations established herein for the district in which each building shall be located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks and necessary mechanical appurtenances, shall be permitted to exceed the maximum height provisions. (Ord. 0-77-27, 7-18-1977)

   A.   Maintenance Of Yards, Courts, And Other Open Spaces: The maintenance of yards, courts and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner or his successor in title of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.

   "Maintenance" shall be defined as upholding the appearance so as to be homogenous to the surrounding properties.

   B.   Division Of Zoning Lots: No zoning lot shall hereafter be divided into two (2) or more zoning lots unless all zoning lots resulting from each such division shall conform with all the applicable regulations of the zoning district in which the property is located.

   If a lot is built upon under one building permit, then divided for selling purposes, it can only be so divided if each saleable lot, or portion of the original lot, is platted as a lot of record and conforms to Prospect Heights subdivision regulations.

   C.   Two Uses On A Lot: Where two (2) or more permitted or special uses, each requiring a minimum lot area, are provided in the same building or on the same lot, the required lot area shall be the sum of the areas required for each use individually.

   D.   Location Of Required Open Space: All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

   Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this title, except that side yards shall not be required on lots used for garden purposes without buildings or structures, nor on lots used for public recreation areas.

   E.   Required Yards For Existing Buildings: No yards now or hereafter provided for a building existing on the effective date hereof shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of this title for equivalent new construction.

   F.   Access Across Residential Property: No land, which is located in a residential district, shall be used for driveway, walkway, or access purposes to any land which is located in a business district, or used for any purpose not permitted in a residential district.

   G.   Permitted Accessory Buildings, Structures And Uses: The following accessory buildings, structures and uses are permitted as projections into or intrusions upon required yards. Said projections or intrusions shall be allowed for conforming required yards. However, in the case of a variation, a projection or intrusion shall be not more than two feet (2') into a varied yard, notwithstanding the permitted extent of said projection or intrusion set forth as follows:

Note:

   F   Denotes permitted obstruction in front yards and side yards adjoining streets.

   S   Denotes permitted obstruction in interior side yards.

   R   Denotes permitted obstruction in rear yards.

   C   Denotes permitted obstruction in open courts.

 

   H.   Fences: Fences are permitted accessory uses in all districts. In no district shall a hedge, shrubbery or constructed fence or wall be erected or grown to a height exceeding three feet (3') above the street grade nearest thereto, within thirty five feet (35') of the intersection of any street line. The following regulations shall govern the type, location and construction of all fences:

      1.   Residential Districts: Fences may be erected in all residential districts subject to the following:

         a.   A constructed fence or wall may be erected, placed, or maintained on residential zoned property as provided in subsection H1f of this section, to a height not exceeding six feet (6') above the ground level, except that when such residential zoned property abuts property zoned for nonresidential use or a parking area. Such fence or wall, constructed within ten feet (10') of the abutting lot line, may be erected, placed or maintained to a height of eight feet (8').

         b.   A hedge or shrubbery fence may be grown and maintained to its natural height.

         c.   No hedge or shrubbery or constructed fence which is located in a required corner side yard shall exceed a height of three feet (3') within fifteen feet (15') of the intersection of a driveway and a street or sidewalk.

         d.   A fence which is constructed to screen a patio, swimming pool or dog run (maximum 50 feet long), shall be permitted to a height of eight feet (8').

         e.   In multi-family residence districts, a six foot (6') high solid fence shall be erected to enclose and screen all refuse collection areas or facilities.

         f.   Constructed fences may be located anywhere on residential property, subject to the following exceptions:

            (1)   That they shall not be located in front of the front building line, or in front of such line as it extends in either direction to the side lot lines; or

            (2)   That they shall not be located beyond the corner side yard building line, or beyond such line as it extends in either direction to the front and rear lot lines.

   On reverse corner lots, said fence shall not extend beyond the required front setback line of the first lot to the rear of said reverse lot for a distance equal to the rear yard of the reverse corner lot. The restrictions set forth in subsections H1f(1) and H1f(2) of this section, shall not apply to any fence which is at least eighty percent (80%) open and not of metal construction.

      2.   Business Districts: Fences erected in all business districts shall be subject to the following:

         a.   When a business use adjoins a residential district, a solid fence to a height of eight feet (8') above existing grade shall be erected along any lot line that adjoins the residential district.

         b.   A six foot (6') high solid fence shall be erected to enclose and screen all refuse collection areas or facilities.

         c.   An open fence may be erected in the interior side yard or rear yard of any business district to a height of six feet (6') above existing grade.

      3.   Public, Public Utility And Recreational Uses:

         a.   Open fences may be installed in any side or rear yard to a height of not more than eight feet (8').

         b.   Public utility uses such as transformer substations, or other hazardous uses, shall be fenced. The top of such fences may include barbed wire when deemed necessary for public safety by the zoning administrator.

   When the lot line of such utility uses coincides with a lot line in a residential district, the fencing installed shall provide adequate screening. The screening may be of a solid fence or an open or semiopen fence, or an open fence with shrubbery to a height of not less than five feet (5'). The plan for such screening shall be approved by the zoning administrator. When a public utility use fronts on a public street, similar fencing and landscaping shall be installed.

      4.   Construction And Appearance: The finished side of all fences shall face the front, rear, side and street lot lines. Both sides of all fences shall be similar in design, construction and appearance.

Fences or walls may be constructed with any of the materials listed below. Materials other than those listed below shall be subject to approval by the zoning administrator.

         a.   Fences:

      Concrete (panel)

      Metal (wrought iron or panel)

      Plastic or vinyl

      Wood (board, panel, picket, rail)

Note: No upward facing pointed features allowed on any type of fence.

         b.   Walls:

      Brick (plain or glazed)

      Concrete (plain or textured)

      Stone (natural, block stone or rubble stone)

      Tile or architectural block

Subject to the limitations and restrictions set forth in this section, a home occupation shall be permitted in all residential districts (except that all references to garages are restricted to the R-1 zoning district only) provided that:

   A.   It is conducted entirely within the dwelling or from within a garage by a resident member of the family residing in the dwelling, and when such home occupation is incidental and secondary to the use of dwelling for dwelling purposes.

   B.   There is no employment on site of more than one person in addition to the occupants of the dwelling.

   C.   Not more than one-fourth (1/4) of the total floor area of any one story of a dwelling and one-fourth (1/4) of the total area of one garage is devoted to such home occupation or any storage or other activities in support of or relating to such home occupation.

   D.   It does not require internal or external alteration not customarily in a dwelling or garage nor shall there be a separate entrance for such uses.

   E.   There is no display, activity, or noise that will indicate from the exterior of the building that it is being used in whole or in part for any use other than a dwelling or garage. Displays and signs so located inside so as to be viewed through a window are also prohibited. Further, no stock or trade is kept or sold, including also such as are made on the premises, or services rendered on the premises that require a receipt or delivery of merchandise, goods or equipment by other than carrier mail service, United Parcel Service, or similar type delivery service, or a class B license size vehicle of the person conducting the home occupation.

   F.   A home occupation conducted by a professional person or persons rendering personal services shall be only for consultation, emergency treatment, instruction, or performance of religious rites.

   G.   Teaching of musical lessons and dancing shall be conducted only in a single-family detached dwelling, and not more than three (3) pupils at one time in any other dwelling unit.

   H.   Permitted home occupations shall not include any of the following:

      1.   Any manufacturing or processing of goods, materials or products;

      2.   Machine shops, automobile repair shops, welding shops, restaurants, tourist homes, clinics or hospitals, stables, animal hospitals, dog kennels;

      3.   Any use which creates objectionable noise, fumes, odor, dust, electrical interference, or more than normal residential traffic;

      4.   Any use requiring special code requirements for handling or performance due to combustibility, toxicity, radioactivity, or volatility or the use or storage of any substance or material deemed hazardous by the zoning administrator.

   I.   There shall be no exterior storage of equipment or materials used in such home occupations.

   J.   Any activity, which is not a permitted home occupation under this section shall be considered as a business use and is prohibited in all residential districts. (Ord. 0-92-25, 6-1-1992)

   A.   Contiguous Parcels: When two (2) or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use. (Ord. 0-77-27, 7-18-1977)

Every residential building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street unless a permanent easement of access to a public street was of record prior to the adoption of this title. (Ord. 0-77-27, 7-18-1977)

Not more than one principal structure shall be located on a zoning lot, except in the case of a planned unit development. (Ord. 0-05-01, 1-18-2005, eff. 1-28-2005)

More than one principal detached building, other than residential buildings, may be located on a zoning lot provided the requirements of this title are met separately for each individual use. Lot area, or other criteria, used to satisfy one use cannot be counted again and used to satisfy a separate use.

Not more than three (3) accessory buildings shall be located on a zoning lot. No detached garage shall exceed seven hundred twenty (720) square feet. No accessory building, other than a garage, may exceed two hundred (200) square feet. If two (2) or three (3) accessory buildings are constructed, one building may not exceed two hundred (200) square feet and the other building(s) may not exceed eighty (80) square feet, combined for a maximum of one thousand (1,000) square feet (including the 720 square foot garage). Further, in an R-1 or R-1A zoning district, one additional accessory building not exceeding two hundred (200) square feet shall be permitted for each additional ten thousand (10,000) square feet of the zoning lot over twenty thousand (20,000) square feet. (Ord. 0-94-39, 9-7-1994)

A detached garage is considered an accessory structure. (Ord. 0-03-35, 9-15-2003)

   A.   Location: When a side yard is required, no part of an accessory building or structure shall be located closer than five feet (5') to the side lot line along such side yard and within one hundred twenty feet (120') of the front lot line. When a rear yard is required, no part of an accessory building or structure shall be located closer than five feet (5') to the rear lot line or to those portions of the side lot line abutting such required rear yard. (Ord. 0-82-13, 1982)

   B.   Time Of Construction: No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

   C.   Percentage Of Required Rear Yard Occupied: The total area of all accessory buildings or structures shall not occupy more than twenty percent (20%) of the area of a required rear yard.

   D.   Height Of Accessory Buildings In Required Rear Yards, Overall: No accessory building or structure or portion thereof located in a required rear yard shall exceed the height of the principal structure at its highest point. However, in no case shall the accessory building or structure exceed fifteen feet (15') at any point.

   E.   On Reversed Corner Lots: On a reversed corner lot in a residential district and within fifteen feet (15') of any adjacent property to the rear in a residential district, no accessory building or structure or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to the least depth that would be required under this title for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory buildings or structures shall be located within five feet (5') of any part of a rear lot line which coincides with the side lot line, or portion thereof, of property in any residential district. No accessory building shall be erected in or encroach upon the required side yard of a corner lot which is adjacent to the street, nor upon the required side yard of a reverse corner lot which is adjacent to the street. (See also subsection 5-6-1E of this title.) (Ord. 0-77-27, 7-18-1977)

Where a use is classified as a special use and exists as a permitted or special use at the date of the adoption of this title, it shall be considered a legal special use, without further action of the city council, the zoning administrator or the plan/zoning board of appeals.

A special use permit issued in accordance with procedures herein set forth shall be required only for any expansion or major alteration of such existing legal special use.

Where a use is not allowed as a special or permitted use in the district in which it is zoned under this title, and exists as a special use under the terms of this title immediately prior to the date of the adoption of this title, it shall be considered to be a nonconforming use and shall be subject to the applicable nonconforming use provisions of chapter 4 of this title.

If the special use ceases for a period of more than one year, the special use permit shall be void. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)

When a use is not specifically listed as a permitted use, such use is hereby expressly prohibited, unless by application and authorization as provided for under special uses it is determined that said use is similar to and compatible with listed permitted uses. Such uses may then be permitted as special uses. (Ord. 0-77-27, 7-18-1977)

No landscape planting, hedge, shrubbery or constructed fence, shall exceed a height of three feet (3') within fifteen feet (15') of the intersection of a driveway and a street or sidewalk. (Ord. 0-03-35, 9-15-2003)

The land use regulations contained in this title shall be supplemented by any flood control ordinance enacted by the city of Prospect Heights. (Ord. 0-77-27, 7-18-1977)

The following requirements qualify or supplement, as the case may be, the district regulations appearing elsewhere in this title:

   A.   Public Buildings: Public and semipublic hospitals, public institutions, public and parochial schools, and/or public utility and service buildings, when permitted in a district, may be erected to a height not exceeding sixty feet (60'), provided said specified buildings shall be set back from the front, rear, and side lot lines on the ratio of two feet (2') for every one foot (1') of building height greater than forty feet (40'); provided, however, that said specified requirements shall apply in addition to the other requirements for building line setbacks and for rear and side yards specifically set forth in this title. (Ord. 0-77-27, 7-18-1977)

   B.   Building Appurtenances. Chimneys, parapet walls, skylights, steeples, flagpoles, smokestacks, cooling towers, elevator bulkheads, fire towers, monuments, water towers, stacks, stage towers or scenery lofts, tanks, ornamental towers and spires, roof gardens, recreational facilities, wireless towers, necessary mechanical appurtenances, or penthouses to house mechanical appurtenances, may be erected above the height limits prescribed and shall not be included in calculation of building height. All heights are subject to state and federal approval. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)

   C.   Airports: No building or structure shall be constructed which is subject to notice under federal aviation administration (FAA) regulations part 77, until it is determined by the FAA not to be a hazard to aerial navigation. All petitions for zoning amendments, special uses, or variations, dealing with the height of structures on property located within two (2) miles of any airport in or adjacent to the city of Prospect Heights shall be forwarded to the FAA for their review and comment. In addition, plans to construct any structure or building to a height exceeding one hundred sixty feet (160'), regardless of location, shall be forwarded to the FAA for their review and comment.

   The zoning administrator shall make available to the FAA any data relating to the petitioner's request to construct a building or structure within two (2) miles of any airport in or adjacent to the city of Prospect Heights. (Ord. 0-77-27, 7-18-1977)

   A.   Fallout Shelters:

      1.   Fallout shelters shall be used for the purpose defined, and for no other use.

      2.   Fallout shelters shall be located:

         a.   Within any new or existing principal building or structure; or

         b.   Attached to any new or existing principal building or structure with direct access from such building or structure; or

         c.   Wholly underground.

   B.   Junk Cars: Junk cars may be kept on private property only when in a fully enclosed structure.

   C.   Mobile Homes: The following regulations shall apply to mobile homes:

      1.   Accessory Building: A mobile home shall not be permissible as an accessory building.

      2.   Nonresidential Use: A mobile home may be used as a temporary office or shelter incidental to construction on or development of the premises on which the mobile home is located, only during the time construction or development is actively underway.

      3.   Temporary Storage: A mobile home may be parked temporarily in a driveway or parking lot of a residential use for a period of not to exceed two (2) weeks.

   D.   Temporary Uses: Upon application to the zoning administrator and approved by the plan/zoning board of appeals, a permit may be issued for the following temporary uses:

      1.   Real estate development sign, advertising the sale or rental of real property in the development on which the sign is located, not to exceed one hundred (100) square feet for each face, may be permitted. Each permit shall be valid for a period of not more than two (2) years and shall not be renewed for more than three (3) successive periods at the same location.

      2.   A highway contractor may be permitted to locate and operate from a temporary contractor's yard in any zoning district during the period that is required for highway construction. Such yard shall be located at least eight hundred feet (800') from any residence, other than the lessor of the site, and/or four hundred feet (400') from any commercial use. The site must be returned to a condition at least as usable and aesthetically pleasing as it was before the yard was constructed.

      3.   Temporary buildings or yards for construction materials and/or equipment, both incidental and necessary to construction in the zoning district, may be permitted. The permit shall specify the location of the building or yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six (6) calendar months and shall not be renewed for more than four (4) successive periods at the same location. There shall not be undue interference with the use and enjoyment of neighboring property.

      4.   Temporary real estate office or model dwelling, incidental and necessary for the sale or rental of real property in the development in which such office or model dwelling is located, may be permitted. The permit shall specify the location of the office or model dwelling. Each such permit shall be valid for a period of not more than two (2) years and shall not be renewed for more than three (3) successive periods at the same location.

      5.   Carnivals, bazaars, dances and/or similar type of activities; provided, however, that the permit shall be valid for a period of not more than seven (7) days; and provided, further, that a period of at least ninety (90) days shall intervene between the termination of one permit and the issuance of another permit for the same location, and/or organization.

      6.   Christmas tree sales. Each such permit shall be valid for a period of not more than sixty (60) days.

      7.   Parking lot designated for a special event; provided, however, that the permit shall be valid only for the duration of the designated special event.

      8.   Temporary mobile sign.

   E.   Tents: No tent shall be erected, used or maintained for permanent type living quarters.

   F.   Satellite Antennas: Satellite antennas may be ground mounted or building mounted subject to the following conditions:

      1.   Residential districts: No roof mounted antennas larger than three feet (3') shall be permitted. Wall mounted antennas are permitted only on the rear wall of the house, provided they are less than three feet (3') in diameter. Ground mounted antennas shall not exceed twelve feet (12') in height above grade (including supports) and shall not exceed eight feet (8') in diameter. Screening shall be with a solid fence or dense planting of evergreen shrubs to a height of six feet (6'). Receiving area in front of dish need not be screened. Ground mounted antennas shall be located only in the rear yard or buildable area behind the house.

      2.   Business and office/industrial districts: The antenna and its support structure shall not be mounted or attached to the front of any building or to the side of any building facing a street, including any portion of the building roof facing any street. Roof installation shall be considered on flat roofs provided that the antenna is completely screened from all sides and its total height does not exceed twelve feet (12'). Ground mounted antennas shall not exceed twelve feet (12') in height above grade and shall not exceed eight feet (8') in diameter and shall not be located in front of the principal face of the building. Screening shall be required if visible from surrounding properties similar to residential districts above.

      3.   Only one satellite antenna per band shall be permitted on a zoning lot with a maximum of two (2), with the exception that direct broadcast satellite (dbs) antennas less than three feet (3') in diameter, a maximum of two (2) are permitted.

      4.   Only solid harmonious colors are permitted for dish and supports.

      5.   Antennas shall not be used for advertising purposes.

      6.   Exemption: Satellite antennas less than three feet (3') in diameter are exempt from screening requirements.

   G.   Commercial Communication Towers And Antennas: Commercial communication towers and antennas may, under special use, be ground mounted or building mounted subject to the following conditions:

      1.   No ground base communications antenna or tower shall exceed eighty feet (80') from grade to top of structure.

      2.   No communications antenna or tower shall protrude upon the public right of way or adjoining property.

      3.   The number of commercial roof mounted communications antennas or towers allowed on commercial zoned property shall not exceed one in number.

      4.   The height of commercial roof mounted communications antennas or towers allowed on commercial zoned property shall not exceed twelve feet (12') from mounting base.

      5.   No commercial communication antenna or tower shall be located within five hundred (500) linear feet of any zoning lot containing existing or planned churches, synagogues, temples or other places of worship.

      6.   No commercial communication antenna or tower shall be located within five hundred (500) linear feet of any zoning lot containing existing residential zoning district.

      7.   Commercial communication antenna or tower site locations will be adequately screened and secured as to minimize any potential adverse impact on adjacent uses and safeguard the health, safety and general welfare of the public.

      8.   The height of commercial earth stations shall not exceed eight feet (8') in diameter or fourteen feet (14') above the grade level in height.

      9.   Commercial towers (including monopoles) used for cellular/pcs applications, shall be three (3) carrier capable and shall be neutral in color including antennas and mounting hardware.

      10.   Commercial earth stations shall be permitted in rear yards only.

      11.   No advertising, logos, or symbols will be permitted on any earth station surface.

      12.   Commercial earth stations shall have a minimum setback of twenty five feet (25') from property lines. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-93-33, 8-2-1993; Ord. 0-96-73, 10-1996; Ord. 0-03-35, 9-15-2003; Ord. O-20-09, 3-9-2020)

   A.   Public Utility Exemption: The following uses are permitted in any district: poles, towers, wires, cables, conduits, vaults, pipelines, laterals, or any other similar distributing equipment of a public utility.

   B.   Underground Installations Exemption: Pipelines and other underground installations, to the extent that the same are completely buried beneath the surface of the soil, are exempt from the requirements of this title, provided that any incidental or associated structures, installations, or equipment, except markers, used in connection with such pipelines or other underground installations, and which protrude or are extended above the surface of the soil, shall, to the extent of such protrusion or extension, be subject to all of the applicable provisions thereof.

   C.   Accessory Farm Buildings: All accessory farm buildings, with the exception of roadside stands, may be erected without specific city approval provided that:

      1.   The property upon which the building is constructed is in conformance with all provisions of this title.

      2.   The principal use of the property upon which the building is constructed is agricultural.

      3.   The structure to be built will be used only for agricultural purposes. (Ord. 0-77-27, 7-18-1977)

   A.   Municipal Boundary Lines: Boundary lines of incorporated villages, cities, and municipalities for the purpose of this title shall be those lines which shall have been determined upon adoption by due process of law, and made a matter of record in the office of the Cook County recorder.

   B.   Sewage Disposal And Water Supply: Regardless of other provisions of this title, in all classifications and in all districts there shall always be sufficient ground area left unoccupied by a structure or paving for a proper system of sewage disposal and water supply conforming with the standards and requirements of the city of Prospect Heights and of other governmental bodies or agencies having jurisdiction.

   C.   Sediment And Erosion Control: Sedimentation and erosion control shall be in accordance with any sediment and erosion control ordinance enacted by the city of Prospect Heights.

   D.   Right Of Way Acquisition: When the city grants a zoning amendment for an individual applicant, and where there is evidence at the public hearing that additional right of way is needed adjacent to the parcel being rezoned for the widening and improvement of a street, the city may require and obtain the required right of way as a part of the rezoning process. (Ord. 0-77-27, 7-18-1977)

   E.   Resubdivision Into Lots Of Record: All zoning lots shall consist of a single lot of record. Zoning lots which existed prior to July 1, 2008, may continue to be used as zoning lots without the need to subdivide into a single lot of record subject to the following:

      1.   If any construction or alteration to the principal building on the zoning lot increases the floor area (for determining area ratio) of the principal building by fifty percent (50%) or more, no permit for the alteration or construction of any building shall be issued until such time as the owner submits a plat of subdivision in recordable form which consolidates the property into a single lot of record and complies with title 6, "Subdivisions", of this code; or

      2.   If the proposed construction is the demolition of an existing principal building and replacement with a new principal building or the cost of any construction or alteration to the principal building exceeds fifty percent (50%) of the assessed value of the combined land and building for that zoning lot as determined by the Cook County assessor, no permit for the alteration or construction of any building shall be issued until such time as the owner submits a plat of subdivision (which complies with title 6, "Subdivisions", of this code) in recordable form which consolidates the property into a single lot of record. (Ord. 0-08-24, 6-16-2008, eff. 6-27-2008)

   A.   All portable storage containers are prohibited in any zoning district unless the size, location and duration of placement comply with the provisions of this section.

   B.   Portable storage containers:

      1.   Shall be constructed of steel, fiberglass or similar structurally sound and durable material, and shall be fully enclosed, weathertight and capable of being locked;

      2.   Shall not exceed eight feet (8') in width, eight feet (8') in height, and sixteen feet (16') in length;

      3.   Shall be placed entirely on private property, on a solid, dust free surface;

      4.   Shall not be placed in any easement or within five feet (5') of any lot line;

      5.   Shall be placed as close to the principal structure or detached garage as possible;

      6.   Shall not remain on any residential or commercially zoned property for more than sixty (60) consecutive days in any twelve (12) month period. (Ord. 0-11-03, 2-14-2011)

   A.   Purpose And Applicability: It is the intent and purpose of this section to provide regulations governing production and filming occurring within the corporate limits of the City of Prospect Heights.

   B.   Production and Filming Permit Duration: Filming permits are issued for a limited timeframe. The approved duration of production and filming within the corporate limits of the City of Prospect Heights will be determined by City Staff and when necessary approved by the City Council.

   C.   Additional Filming Requirements: Petitioner shall comply with all Building, Police, and Public Works requirements and pay such fees as deemed necessary by City Staff. Said fees will be in addition to the Temporary Filming Permit fee specified in this section.

   D.   Temporary Filming Permit Fee: Temporary filming permit applicants shall pay an administrative fee of one thousand dollars ($1,000.00) for the term of the permit. (Ord. O-21-23, 9-27-2021)