The ordinance codified in this title shall be known, cited and referred to as the WESTERN SPRINGS DEVELOPMENT CONTROL ORDINANCE. (Ord. 92-1855, 12-14-1992)

The ordinance codified in this title is adopted:

   A.   To promote the orderly and beneficial development of the village of Western Springs in accordance with the village's official land use plan;

   B.   To promote the public health, safety, morals, comfort and general welfare of the citizens of the village of Western Springs;

   C.   To protect the character and stability of residential, business and industrial areas;

   D.   To provide for orderly growth and development; to afford adequate facilities for the safe, convenient, and efficient means for the traffic circulation of its population; and to safeguard the public against flood damage;

   E.   To provide adequate light, air, privacy and convenience of access to property;

   F.   To divide the village of Western Springs into districts of such number, shape, area and of such different classes, according to the use of land and buildings and the intensity of such use, as may be deemed best suited to carry out the purposes of this ordinance;

   G.   To prohibit locations and uses of buildings or structures and uses of land that are incompatible with the type of development planned for specified zoning districts in the village of Western Springs;

   H.   To regulate and restrict the location and use of buildings, structures and land for trade, industry, residence, and other uses, and to regulate and restrict the intensity of such uses;

   I.   To prescribe reasonable rules and regulations governing the subdivision and platting of land; the preparation of plats; the location, width, and course of streets and highways; the installation of utilities, street pavements, and other essential improvements; and the necessary public grounds for schools, parks, playgrounds, and other public open spaces;

   J.   To prevent additions to and alterations or remodeling to existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed hereunder;

   K.   To protect against fire, explosions, noxious fumes and other dangers;

   L.   To fix reasonable standards to which buildings and structures shall conform;

   M.   To provide for the gradual elimination of those uses that would not now be permitted in the districts in which they are located and are adversely affecting the orderly and beneficial development of the village of Western Springs;

   N.   To define and limit the powers and duties of administrative officers and bodies as provided herein; and

   O.   To prescribe penalties for the violation of and methods for the enforcement of the provisions of this ordinance or any amendment thereto. (Ord. 92-1855, 12-14-1992)

   A.   Territorial Application: This development control ordinance shall apply to all land, uses, buildings and structures within the village of Western Springs, and the subdivision regulations (chapter 10) of this ordinance shall apply to unincorporated lands within one and one-half (11/2) miles from village corporate boundaries. (Ord. 92-1855, 12-14-1992)

   B.   General Application: After December 14, 1992, the effective date hereof, all subdivision of land, all buildings, structures and uses of land erected, remodeled, altered or relocated, and all public improvements must comply with the provisions of this development control ordinance. All property owners or users of property must comply with the requirements of this ordinance, and shall be required to apply for any zoning approvals, permits, variances or exemptions in order to bring any land, uses of land, buildings, structures, or improvements into conformance with this ordinance. Existing buildings, structures and uses of land that do not comply with the regulations of the development control ordinance are subject to chapter 9, "Nonconformity", of said ordinance. (Ord. 01-2167, 5-21-2001)

   C.   General Prohibition: No buildings, structures, or use of land and no lot of record or zoning lot existing or hereafter established shall be established, altered, moved, divided or maintained except in accordance with the provisions of the development control ordinance.

   D.   Private Agreements: This development control ordinance is not intended to nullify any private agreements, provided that where there is a conflict between such private agreement and the development control ordinance and the development control ordinance is more restrictive, the development control ordinance shall control. (Ord. 92-1855, 12-14-1992)

   E.   Other Laws And Regulations: Unless otherwise specifically provided, the development control ordinance shall control over less restrictive statutes, ordinances or regulations and more restrictive statutes, ordinances or regulations will control over the provisions of the development control ordinance. The board of trustees may grant a variation or an exemption from any of the requirements of the development control ordinance, or from any village policy or practice, in order to avoid violating a person's freedom of religion based rights afforded by any federal or state law, in accordance with the variation or exemption procedures set forth in this ordinance. (Ord. 01-2167, 5-21-2001)

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

   A.   Existing Unlawful Uses And Structures: A structure or use not lawfully existing at the time of the adoption of this ordinance is hereby deemed lawful as of the effective date hereof, provided that it conforms with all of the requirements of this ordinance. However, if such structure or use does not conform with all of the requirements of this ordinance, such structure or use remains unlawful hereunder.

   B.   Existing Permitted Uses: When a lot is used for a purpose that was classified as a permitted use prior to the effective date hereof, and such use is classified as a "conditional use" by this ordinance, such use is hereby deemed a lawful conditional use for the purpose of this ordinance.

   C.   Principal Uses Rendered Nonconforming: When a lot is used for a purpose which was a lawful use before the effective date hereof and this ordinance, or any amendment thereto, no longer classifies such use as either a permitted use or conditional use in the zoning district in which it is located, such use is hereby deemed a legal nonconforming use and shall be controlled by the provisions of chapter 9, "Nonconformity", of this ordinance.

   D.   Principal Buildings, Structures And Lots Rendered Nonconforming: Where any lawful building, structure or lot existing on the effective date hereof does not meet all standards set forth in this ordinance, or any amendment thereto, such building, structure, or lot is hereby deemed nonconforming and shall be controlled by the provisions of chapter 9, "Nonconformity", of this ordinance.

   E.   Accessory Uses Rendered Nonconforming: When a use that is accessory to a principal use which was a lawful accessory use before the effective date of this ordinance, or any amendment thereto, and is rendered nonconforming by virtue the adoption of this ordinance, such accessory use shall be brought into conformance with this ordinance. However, the following accessory uses shall be deemed legal nonconforming uses and may be continued in their present form subject to the provisions of chapter 9, "Nonconformity", of this ordinance:

      1.   Any nonconformity resulting from the requirements of subsections 10-4-7B and D of this ordinance and section 10-4-8, "Off-Street Parking" and "Off-Street Loading", of this ordinance, which regulate the number and size of off street parking spaces; and

      2.   Any nonconformity resulting from the requirements of section 10-4-9, "Landscape Requirements", of this ordinance.

   F.   Accessory Structures Rendered Nonconforming: When a structure that is accessory to a principal use was a lawful accessory structure before the effective date of this ordinance, or any amendment thereto, and is rendered nonconforming by virtue the adoption of this ordinance, such accessory structure shall be deemed a legal nonconforming structure and may be continued in its present form subject to the provisions of chapter 9, "Nonconformity", of this ordinance.

   G.   Previously Issued Building Permits: When a building permit for a building or structure has been lawfully issued prior to the effective date hereof, and when construction has begun within six (6) months of the issuance of such permit and is being 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 a certificate of occupancy for the use originally intended, subject to the provisions of chapter 4 of this ordinance governing off street parking and loading.

   H.   Previously Granted Variations: All variations granted prior to the effective date of this ordinance shall remain in full force and effect. (Ord. 92-1855, 12-14-1992)

   I.   Previously Granted Conditional Use Permits: The conditional use permits granted by the below listed village ordinances to each of the below listed properties shall remain in full force and effect after the effective date of the amendments made to this ordinance by village ordinance 01-2167:

      1.   5129 Wolf Road (village ordinance 95-1939);

      2.   5140 Wolf Road (village ordinance 97-1999); and

      3.   5250 Wolf Road (village ordinance 98-2033). (Ord. 01-2167, 5-21-2001)

If any of the provisions of this development control ordinance are declared invalid, the other provisions shall remain in full force and effect. (Ord. 92-1855, 12-14-1992)

The effective date of this ordinance is the date of adoption by the Western Springs village board, this date being December 14, 1992. (Ord. 92-1855, 12-14-1992)

Any person, firm or corporation who violates, omits, neglects, or refuses to comply with, or who resists the enforcement of the provisions of this ordinance shall, upon conviction, be fined no more than five hundred dollars ($500.00) for each offense. Each day that the violation is permitted to exist shall constitute a separate offense. (Ord. 92-1855, 12-14-1992)