This chapter (chapter 95 of the Village of Westmont Code of Ordinances) is officially known and may be cited as the "Village of Westmont Zoning Ordinance." For convenience, it is referred to herein as the "zoning ordinance."

(Ord. of 08-07-2025(1), 8-7-2025)

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

(Ord. of 08-07-2025(1), 8-7-2025)

This zoning ordinance has been in effect since October 1, 1979, and has been amended from time to time since that date. The comprehensive text amendments to the zoning ordinance, including the reorganization and relocation of the zoning ordinance (From "Appendix A" to "Chapter 95" of the Westmont Code of Ordinances) were approved by ordinance on August 7, 2025 and became effective ten days after the publication of said ordinance in pamphlet form.

(Ord. of 08-07-2025(1), 8-7-2025)

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 Westmont, except as provided by state or federal law or as otherwise expressly stated in this zoning ordinance.

(Ord. of 08-07-2025(1), 8-7-2025)

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 other similar transmission or distribution equipment located in public rights-of-way and owned by a public utility under the jurisdiction of the Illinois Commerce Commission, a semi-public utility, or the village, provided that the installation of such facilities must conform with all other applicable laws and regulations. This exemption does not apply to electrical substations or similar above-ground structures located outside of public rights-of-way.

(Ord. of 08-07-2025(1), 8-7-2025)

This zoning ordinance is adopted for the purposes of:

(A)

Protecting and promoting the public health, safety, and general welfare; and

(B)

Implementing the goals and policies of the comprehensive plan and other relevant, officially adopted plans of the village.

(Ord. of 08-07-2025(1), 8-7-2025)

(A)

The provisions of this zoning ordinance are deemed to be the minimum requirements necessary to carry out the ordinance's stated purposes.

(B)

In addition to the requirements of this zoning ordinance, all uses, buildings and structures must comply with all other applicable ordinances, laws, and regulations.

(C)

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 administer or enforce regulations imposed by other government authorities.

(Ord. of 08-07-2025(1), 8-7-2025)

(A)

Land may not be used for any purpose other than one that is allowed by the provisions of this zoning ordinance.

(B)

Buildings, structures, and land may be used and occupied only in conformance with the provisions of this zoning ordinance.

(C)

A building or structure may not be erected, located, moved, reconstructed, extended, or structurally altered except in conformance with this zoning ordinance.

(D)

All lots created or modified must comply with all applicable provisions of this zoning ordinance.

(Ord. of 08-07-2025(1), 8-7-2025)

(A)

Conflict with state or federal regulations. If any provisions of this zoning ordinance are inconsistent with or conflict with state or federal law, the provisions of this zoning ordinance govern, unless the subject matter of such provision is exclusively regulated by state or federal law, in which case the state or federal law governs the subject matter of the provision.

(B)

Conflict with other village regulations. If the provisions of this zoning ordinance are inconsistent with one another or if they conflict with restrictions shown on plats or plans approved by the village, the more restrictive provision governs unless otherwise expressly stated. The more restrictive provision is the one that imposes more stringent controls. If the provisions of this zoning ordinance are inconsistent with or conflict with provisions found elsewhere in village codes and regulations, the provisions of this zoning ordinance govern.

(C)

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.

(Ord. of 08-07-2025(1), 8-7-2025)

(A)

Meanings and intent. Words and terms expressly defined in this zoning ordinance including those defined in article XVII have the specific meanings assigned unless the context indicates another meaning. Words that are not expressly defined in this zoning ordinance have the meaning given in the latest edition of A Planner's Dictionary (American Planning Association). If no definition is provided in A Planner's Dictionary, the undefined word must be given the meaning provided in the latest edition of Merriam-Webster's Collegiate Dictionary.

(B)

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.

(C)

Tenses and usage.

(1)

Words used in the singular include the plural, and words used in the plural include the singular.

(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."

(D)

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.

(E)

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.

(F)

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.

(G)

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.

(H)

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.

(I)

Public officials and agencies. Unless otherwise expressly stated, all employees, public officials, boards, commissions, committees, bodies, and agencies to which references are made are those of the Village of Westmont or individuals or agencies legally authorized to act on behalf of the Village of Westmont.

(Ord. of 08-07-2025(1), 8-7-2025)

Unless otherwise expressly stated in this zoning ordinance or approved as a planned unit development (see section 5.04), no more than one principal building is allowed on a lot.

(Ord. of 08-07-2025(1), 8-7-2025)

(A)

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 is maintained under the direction of the zoning administrator. The official zoning map, together with all notations, references, data and other information shown on the map, is adopted and incorporated into this zoning ordinance. It is as much a part of this zoning ordinance as it would be if it were actually depicted within its pages.

(B)

Maintenance, updates, and publishing. The zoning administrator is responsible for directing revisions to the official zoning map to reflect any zoning map amendments approved in accordance with section 14.02. Unauthorized persons may not alter or modify the official zoning map. The zoning map must be published in accordance with state law (65 ILCS 5/11-13-19).

(C)

District boundaries. Zoning district boundary lines must be described by legal description or by a map that accompanies the ordinance establishing or amending the district boundaries.

(D)

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 zoning administrator is authorized to make an administrative interpretation using the following rules of interpretation:

(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 actual 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 the actual municipal 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 parallel to, or as an extension of, the subject feature.

(E)

Zoning of annexed land. When land is annexed or otherwise brought into the zoning jurisdiction of the village, it will automatically, upon such annexation, be classified in the R-3 district. Such land may later be rezoned in accordance with section 14.02.

(F)

Split-Zoned lots.

(1)

The zoning map may not be amended to classify a single lot or parcel identified with a single parcel identification number (PIN) into two or more base zoning districts.

(2)

No subdivision may create a split-zoned lot or split-zoned parcel identified with a single PIN.

(3)

The following regulations apply to existing parcels that are classified in two or more base zoning classifications:

(a)

For existing and proposed uses and structures, the more restrictive provisions of the applicable zoning districts apply to the entire parcel except when one zoning district applies to at least 75 percent of the total parcel area and the remainder of the parcel is less than 5,000 square feet in area, the regulations of the zoning district that applies to the larger portion of the parcel applies to the entire parcel.

(b)

Building setbacks do not apply along base zoning district boundary lines that split a parcel under single ownership.

(c)

Existing structures rendered nonconforming by the split-zoned parcel provisions of this section are subject to the nonconforming structure provisions of section 13.04.

(Ord. of 08-07-2025(1), 8-7-2025)

The provisions of this section address building permits and zoning applications that are pending on the effective date specified in section 1.03 for the relocation, reorganization, and amendments to this zoning ordinance, and they also address pre-existing special uses.

(A)

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 section 1.03 for the relocation, reorganization, and amendments to this zoning ordinance 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 unless otherwise expressly authorized by the zoning administrator.

(2)

Complete and accepted applications for special uses, variances, planned developments and other zoning-related approvals that are pending approval and that have not been placed on a planning and zoning commission agenda on the effective date specified in section 1.03 for the relocation, reorganization, and amendments to this zoning ordinance may, at the applicant's option, be reviewed wholly under the zoning ordinance regulations in effect immediately preceding the effective date specified in section 1.03 or wholly under this zoning ordinance. If an applicant elects to switch ordinances while a review is pending, the review process must be restarted.

(3)

Zoning approvals of building permits may be approved for construction or development approved before the effective date specified in section 1.03 for the relocation, reorganization, and amendments to this zoning ordinance 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 unless otherwise expressly authorized by the zoning administrator.

(4)

When a use classified as a special use under this zoning ordinance exists as an approved special use or permitted use on October 1, 1979 and on the effective date specified in section 1.03, for the relocation, reorganization, and amendments to this zoning ordinance, 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 is considered a nonconforming use and is subject to all applicable regulations of article XIII.

(B)

Violations. The adoption of any amendment to this zoning ordinance does not affect any pending or future prosecution of, or action to abate, violations of the zoning ordinance in effect at the time the violation occurred.

(Ord. of 08-07-2025(1), 8-7-2025)

(A)

Each portion of this zoning ordinance is considered severable from other portions of this zoning ordinance.

(B)

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

(C)

If any provision of this zoning ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction as applied to a particular structure or use, such judgment does not affect the application of the subject provision to any other structure or use not specifically included in the judgment.

(Ord. of 08-07-2025(1), 8-7-2025)