This Title (Title 11 of the Village of Summit Village Code) is officially known and may be cited as the “Summit Zoning Ordinance.” For convenience, it is referred to herein as the “zoning ordinance.”

This zoning ordinance is adopted pursuant to the powers granted and limitations imposed by Illinois law.

The provisions of this zoning ordinance become effective on August 17, 2020 except as otherwise expressly stated.

The provisions of this zoning ordinance apply to all public and private use and development of properties within the corporate limits of the Village of Summit, except as provided by state or federal law or as otherwise expressly stated in this zoning ordinance.

The provisions of this zoning ordinance do not apply to the type, location or use of poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any other similar transmission or distribution equipment (except substations or other similar structures erected above ground level) of a public utility under the jurisdiction of the Illinois Commerce Commission or a municipally owned utility, provided that the installation of such facilities must conform with all other applicable laws and regulations.

This zoning ordinance is adopted for the purposes of:

1. Protecting and promoting the public health, safety and general welfare; and
2. Implementing the policies and goals of the comprehensive plan and other relevant, officially adopted plans of the village.

1. The provisions of this zoning ordinance are the minimum requirements deemed necessary to carry out the zoning ordinance’s stated purposes.
2. In addition to the requirements of this zoning ordinance, all uses, buildings and structures must comply with all other applicable ordinances, laws and regulations.
3. All references in this zoning ordinance to other governmental regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply any responsibility for the village to enforce regulations imposed by other government authorities.

1. Land may not be used for any purpose other than one that is allowed by the provisions of this zoning ordinance.
2. A building or structure may not be erected, located, moved, reconstructed, extended or structurally altered except as allowed by this zoning ordinance.
3. Buildings, structures and land may be used and occupied only in compliance with the provisions of this zoning ordinance.
4. All lots created or modified must comply with all applicable provisions of this zoning ordinance.

1. Conflict with State or Federal Regulations: If the provisions of this zoning ordinance are inconsistent with state or federal law, the more restrictive provision governs, to the extent allowed by law. The more restrictive provision is the one that imposes more stringent controls.
2. Conflict with Other Village Regulations: If the provisions of this zoning ordinance are inconsistent with one another or if they conflict with provisions found in other adopted ordinances or regulations of the village, the more restrictive provision governs unless otherwise expressly stated. The more restrictive provision is the one that imposes more stringent controls.
3. Conflict with Private Agreements and Covenants: This zoning ordinance does not interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this zoning ordinance impose a greater restriction than imposed by an agreement or covenant among private parties, the provisions of this zoning ordinance govern. The village is not responsible for monitoring or enforcing agreements or covenants among private parties.

1. Meanings and Intent: Words and terms expressly defined in this zoning ordinance including those defined in Chapter 20 have the specific meanings assigned unless the context indicates another meaning. Words that are not expressly defined in this zoning ordinance have their ordinary dictionary meaning.
2. Computation of Time:
   1. References to “days” are to calendar days unless otherwise expressly stated. References to “business days” are references to regular village government working days, excluding Saturdays, Sundays and holidays observed by village government.
   2. The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or holiday observed by village government, that day is excluded.
   3. A day concludes at the close of business and any materials received after that time will be considered to have been received the following day.
3. Tenses and Usage:
   1. Words used in the singular include the plural. The reverse is also true.
   2. Words used in the present tense include the future tense. The reverse is also true.
   3. The words “must,” “will,” “shall” and “may not” are mandatory.
   4. The word “may” is permissive, not mandatory or required.
   5. When used with numbers, “up to x,” “not more than x” and “a maximum of x” all include “x.”
   6. The word "person" includes a firm, association, organization, partnership, limited liability company, trust, or corporation, as well as an individual.
   7. The words “used" and "occupied" include "intended, designed or arranged to be used or occupied."
4. Conjunctions: Unless the context otherwise expressly indicates, conjunctions have the following meanings:
   1. “And” indicates that all connected items or provisions apply; and
   2. “Or” indicates that the connected items or provisions may apply singularly or in combination.
5. Headings and Illustrations: Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this zoning ordinance. In case of any difference of meaning or implication between the text of this zoning ordinance and any heading, drawing, table, figure or illustration, the text governs.
6. Versions and Citations: All references in this zoning ordinance to other village, state or federal regulations are to be construed as referring to the most up-to-date version and citation for those regulations, unless otherwise expressly indicated. When the referenced regulations have been repealed and not replaced by other regulations, zoning ordinance requirements for compliance are no longer in effect.
7. Lists and Examples: Unless otherwise expressly indicated, lists of items or examples that use “including,” “such as,” or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.
8. Delegation of Authority: Whenever a provision appears requiring the head of a department or another officer or employee of the village to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this zoning ordinance expressly prohibit such delegation.
9. Public Officials and Agencies:
   1. Unless otherwise expressly stated, all employees, public officials, bodies and agencies to which references are made are those of the Village of Summit or individuals or agencies legally authorized to act on behalf of the Village of Summit.
   2. References in this zoning ordinance to the “village” are references to the Village of Summit.
   3. References in this zoning ordinance to the “village board” are references to the Village of Summit Village Board.
   4. References in this zoning ordinance to the “zoning board of appeals” are references to the Village of Summit zoning board of appeals.
   5. References in this zoning ordinance to the “building official” are references to the building official of the Village of Summit.

1. Establishment: The location and boundaries of the zoning districts defined in this zoning ordinance must be established by ordinance and shown on the village’s official zoning map, which must be maintained under the direction of the building official.
2. Maintenance and Updates: The building official is responsible for directing revisions to the official zoning map to reflect its amendment as soon as possible after the effective date of zoning map amendments (rezonings). The zoning map must be published annually as required by law.
3. District Boundaries: Zoning district boundary lines must be described by legal description or by a map that accompanies the ordinance establishing the district or amending the district boundaries. When a legal description is used, the zoning district boundary is deemed to extend to the centerline of abutting streets. When a map is used, district boundary lines must be established by dimensions, property lines, recorded lot lines, or the centerline of abutting streets, alleys, or railroad rights-of-way, as those features were of record at the time of adoption.
4. Map Interpretations: Where any uncertainty exists about a zoning boundary that was established by legal description, the legal description accompanying the amending ordinance governs. In other cases, the building official is authorized to make an interpretation in accordance with the following criteria:
   1. A boundary shown on the zoning map as approximately following lot lines or other lot boundaries will be construed as following such lot lines or lot boundaries.
   2. A boundary shown on the zoning map as approximately following a street or railroad right-of-way line will be construed as following the centerline of the street or railroad right-of-way.
   3. A boundary shown on the zoning map as approximately following the boundary of an adjacent municipality will be construed as following that boundary.
   4. A boundary shown on the zoning map as approximately parallel to, or as an apparent extension of, a feature described above will be construed as being actually parallel to, or an extension of, the feature.
5. Zoning of Annexed Land: When land is annexed or otherwise brought into the zoning jurisdiction of the village, the village board is authorized to classify the newly annexed land in the R-1 district or assign another zoning classification based on the comprehensive plan, existing land uses, any applicable annexation agreement and other relevant considerations.
6. Split-Zoned Lots¹:
   1. The zoning map may not be amended to classify a single lot into 2 or more base zoning districts.
   2. The split zoning of any newly created lot (into more than one base zoning district classification) is prohibited.
   3. When an existing lot is classified in 2 or more base zoning classifications, the following rules apply, at the owner's option:
      1. Each of the separate zoned areas on the lot may be treated as a separate zoning lot and developed in accordance with the zoning district regulations that apply to each respective area; or
      2. The more restrictive provisions of the subject zoning district, including but not limited to, use, parking, signs, setbacks, height and other lot and building regulations, may be applied to the entire lot; or
      3. When one zoning district applies to at least 75% of the total lot area and the other zoning district occupies no more than 2,500 square feet of the total lot area, the regulations of the zoning district occupying the larger portion of the lot may be applied to the entire zoning lot.
   4. Building setbacks do not apply along base zoning district boundary lines that split a lot under single ownership.
      

Notes:
¹ These split-zoning provisions are new; existing ordinance says “Where a district boundary line divides a lot in single ownership, the regulations for either portion of the lot may, in the owner's discretion, extend to the entire lot, but not more than 25 feet beyond the boundary of the district (11-4-3(B))".

The provisions of this section address the transition to this zoning ordinance from the zoning, subdivision and flood protection regulations in effect immediately preceding the effective date specified in 11-1-3.

1. Applications, Permits and Approvals:
   1. Any building, development or structure for which a building permit was issued or a complete building permit application had been accepted for processing before the effective date specified in 11-1-3 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not comply with provisions of this zoning ordinance. If the building, development or structure is not commenced and completed within the time allowed under the original building permit and any authorized permit extension, the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this zoning ordinance.
   2. Complete applications for special uses, variances, planned developments and other zoning-related approvals that are pending approval on the effective date specified in 11-1-3 must be reviewed wholly under the terms of the applicable regulations in effect immediately preceding the effective date specified in 11-1-3. Building permits for construction and development approved under such zoning approvals may be issued in accordance with 11-1-12(A)(3).
   3. The building official is authorized to issue building permits for construction or development approved before the effective date specified in 11-1-3 and for developments pending approval under 11-1-12(A)(2), even if such building, development or structure does not fully comply with provisions of this zoning ordinance. If building is not commenced and completed within the time allowed under the building permit and any authorized permit extension, then the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this zoning ordinance.
   4. When a use classified as a special use under this zoning ordinance exists as an approved special use or permitted use on the effective date specified in 11-1-3, that use will be considered a lawfully established special use under this zoning ordinance. When any amendment to this zoning ordinance changes the classification of a permitted use to a special use, any use lawfully established before such amendment will be considered a lawfully established special use after the effective date of the amendment. A lawfully established existing use that is not allowed as a special use or permitted use in the district in which the use is now located will be considered a nonconforming use and will be subject to all applicable regulations of Chapter 17.
2. Zoning District Name Conversions: The zoning district names in effect before the effective date specified in 11-1-3 are converted in this zoning ordinance as indicated in Table 1-1.
   Table 1-1: Zoning District Name Conversions

   Map Symbol	Previous Zoning District Name	Map Symbol	New Zoning District Name
   RESIDENTIAL (See Chapter 2)
   R-1	Single-family	R-1	Residential Single-family
   R-2	Two-family	R-2	Residential Two-family
   R-3	Multiple-Family	R-3	Residential Three to Four-Family
   R-4	General Residence	R-4	Residential-Office
   MIXED-USE, COMMERCIAL AND INDUSTRIAL (See Chapter 3)
   		MX	Mixed-Use (New)
   B-1	Limited Business	None	Eliminated (rezoned to C or MX as shown on map)
   B-2	General Business	C-1	Corridor Commercial
   		C-2	Commercial Service (New)
   B-3	Limited Commercial	None	Eliminated (addressed in I district regulations)
   I-1	Light Industrial	I-1	Light Industrial
   I-2	Limited Industrial	I-2	Limited Industrial
   I-3	General Industrial	I-3	General Industrial
   I-4	General Industrial	I-2	Light Industrial
   SPECIAL DISTRICTS (See 11-3-2 and Chapter 6)
   C-1	Conservation/Recreation	None	Eliminated
   		P	Public and Institutional (New)
   	Special Planned Development	PD	Planned Development (New)

3. Violations: The adoption of this zoning ordinance does not affect any pending or future prosecution of, or action to abate, violations of the previous zoning ordinance that occurred before the effective date specified in 11-1-3.

The village board is expressly authorized to avoid the preemptive force of any provision of the Religious Land Use and Institutionalized Persons Act (RLUIPA) by any one or more of the following actions:

1. Changing the policy or practice that results in a substantial burden on religious exercise;
2. Retaining the policy or practice and exempting the substantially burdened religious exercise;
3. Providing exemptions from the policy or practice for applications that substantially burden religious exercise; or
4. Using any other means to eliminate the substantial burden on religious exercise.

If any portion of this zoning ordinance are held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is to be deemed severed from the zoning ordinance and in no way affects or diminishes the validity of the remainder of the zoning ordinance.