(a)

Minimum requirements. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements for the promotion of the public health, safety, morals and welfare.

(b)

Overlapping or contradictory regulations. Where the conditions imposed by any provision of this chapter upon the use of land or buildings are either more restrictive or less restrictive than comparable conditions imposed by any order provision of this chapter or of any other law, ordinance, resolution, rule or regulation of any duly constituted governmental authority having jurisdiction, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

(c)

Private agreements. This chapter is not intended to abrogate, annul or otherwise interfere with any easement, covenant, or other private agreement or legal relationship; provided, however, that where the regulations and requirements of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, or legal relationships, the regulations and requirements of this chapter shall govern and control.

(d)

Unlawful uses. No building, structure or use which was not lawfully existing on April 6, 1965, shall become or be made lawful solely by reason of the adoption of this chapter, and to the extent that, and in any respect that such unlawful building, structure or use is in conflict with the requirements of this chapter, such building, structure or use remains unlawful hereunder.

(e)

Not a licensing ordinance. Nothing contained in this chapter 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.

(Ord. No. 65-0-18, § 12.1, 4-6-65)

In the construction of this chapter, the following rule shall be applied, except when the context clearly requires otherwise: Unless otherwise specified, all distances shall be measured horizontally.

(Ord. No. 65-0-18, § 12.2, 4-6-65)

It is hereby declared to be the intention of the mayor and the city council that the several provisions of this chapter are separable, in accordance with the following:

(1)

If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter.

(2)

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or other structure, such judgment shall not affect the application of such provision to any other property, building or structure.

(Ord. No. 65-0-18, § 12.3, 4-6-65)

(a)

Existing building permits. Nothing in this chapter shall be deemed to require any change in the plans, construction, or designated use of any building or other structure if:

(1)

A building permit for such building or other structure was lawfully issued prior to April 6, 1965;

(2)

Such permit had not, by its own terms, expired prior to such date;

(3)

Such permit was issued on the basis of an application showing complete plans for proposed construction;

(4)

There has been a substantial change of position, expenditures or incurrence of obligations by the permit holder in reliance on such permit or in reasonable expectations of its issuance;

(5)

Such change of position, expenditure or incurrence of obligations were made prior to published or actual notice of a proposed amendment to this chapter, which amendment would have made illegal the issuance of such permit; and

(6)

Construction pursuant to such permit is completed prior to the expiration of the permit.

(b)

Occupancy certificates. When a building or structure is completed under a permit to which subsection (a) of this section applies, an occupancy certificate shall be issued in accordance with the zoning regulations in effect at the time the building permit was issued.

(c)

Variations previously granted. Nothing in this chapter shall be deemed to modify, invalidate or otherwise render ineffective a variation granted prior to April 6, 1965, provided there shall have been a substantial change of position, expenditures or incurrence of obligations by the person granted the variation in reliance upon such variation within one year from the date of the granting of such variation.

(Ord. No. 65-0-18, § 12.4, 4-6-65)

Any addition made to the area regulated by this chapter, unless otherwise classified by ordinance after hearing in the manner provided by law, shall be automatically classified in either:

(1)

The R-30 residential district, if it consists of a parcel of 30,000 square feet or more; or

(2)

The R-10 residential district for all other properties.

(Ord. No. 65-0-18, § 12.5, 4-6-65; Ord. No. 76-0-59, § 1, 6-1-76; Ord. No. 84-0-60, § 1, 10-2-84; Ord. No. 91-0-6, § I, 1-23-91; Ord. No. 91-0-109, § 1, 12-2-91)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use. See section 102-152 for definition.

Alley means a public right-of-way, other than a street or highway, which affords a secondary means of access to abutting property.

Amusement park means a facility which operates and maintains at a permanent location carnival-type amusements such as Ferris wheels, roller coasters, skill and chance games and other such rides and paraphernalia.

Apparel store means a store selling new clothing for men, women and children at retail.

Appliance repair shop means a shop engaged in the repairing and servicing of common household appliances such as washing machines, television sets, power tools, electric razors, radios and refrigerators.

Appliance store means a store selling common household appliances such as washing machines, television sets, power tools, electric razors, radios and refrigerators, and repairing the same types of appliances as are sold on the premises where such repairs are incidental or accessory to the sale of such types of appliances.

Auditorium means a building or a room or hall within a building designed or intended for lecture, concert or other similar use.

Automobile equipment store means a store engaged primarily in the business of selling tires, batteries, seat covers and other automobile accessories and replacement parts.

Automobile garage means an establishment engaged in the repairing and servicing of passenger motor vehicles, including bodywork, mechanical work and the washing and waxing of motor vehicles.

Automobile sales establishment means an establishment engaged in the sale or rental of new and used automobiles and other motor vehicles in operating condition, including the storage of automobiles and other vehicles in operating condition and the repair and servicing of such vehicles.

Automobile service station means a building or other structure and surrounding land used for the storage and sale of petroleum fuel primarily for passenger motor vehicles, and for accessory uses such as the sale of lubricants, accessories or supplies, the incidental washing of motor vehicles and the performing of minor automotive repairs and servicing.

Awning means a rooflike cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

Banks and financial institutions means commercial banks, currency exchanges, savings and loan associations, brokerage offices and other similar financial institutions, but not including loan offices, finance companies and pawnshops.

Block means the land adjoining one side of a street between two consecutive junctions of such street with other streets, alleys, railway rights-of-way or waterways intersecting or meeting such side of such street.

Board means the zoning board of appeals.

Boarder means a person who rents on a weekly or monthly basis a room for living quarters which do not contain cooking facilities, and is furnished meals in connection with such rental.

Boardinghouse means an establishment which furnishes meals and living quarters (but not individual cooking facilities) to individuals on a weekly or monthly basis for compensation.

Building means any covered structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land.

Building, principal. See "Principal building."

Bulk regulations means regulations controlling the size of buildings or other structures and the relationships of buildings, structures, and uses to each other and to open areas and lot lines. Bulk regulations include regulations controlling:

(1)

Maximum height;

(2)

Minimum lot size;

(3)

Minimum lot area per dwelling unit;

(4)

Minimum lot width; and

(5)

Minimum size of yards and setbacks;

as set forth for specific zoning districts in articles II, III and IV and in bulk regulations, supplemental, article VII.

Bulletin board means a sign of permanent character, but with movable letters, numerals or other symbols, indicating the names of persons associated with, or events conducted upon, or products or services offered upon, the premises upon which such sign is situated.

Business and professional office means an office of an engineer, doctor, dentist, attorney, real estate broker, insurance broker, architect or other similar professional person, and any office used primarily for accounting, correspondence, research, editing or administration.

Canopy means any structure, movable or stationary, attached to and deriving its support from framework or posts or other means independent of a connected structure for the purpose of shielding a platform, stoop or sidewalk from the elements.

Carport means a building designed for the storage of passenger automobiles, at least one side of which is not completely enclosed.

Church means a building used primarily for religious worship such as a chapel, temple, church or synagogue.

Club, private. See "Private club."

Community center building means any building maintained by a governmental authority for public meetings or gatherings, whether educational or recreational in nature.

Compatible retail use means a business establishment which is compatible with the central shopping area of the city. A particular business establishment is compatible with the shopping area if:

(1)

Locating the particular business establishment in the shopping area will increase interchange of customers with other business establishments in the shopping area; and

(2)

Locating the particular business in the shopping area will not create:

a.

Dead spots where a shopper loses interest in going further;

b.

Driveways or other physical breaks in the sidewalk which are larger than required to provide necessary offstreet parking and loading;

c.

Traffic hazard, noise, odor, unsightliness, or other pedestrian-inhibiting qualities; or

d.

Heavily increased nonshopper traffic.

The presence or absence of competition between the particular business establishment and surrounding establishments shall not be considered a factor in determining compatibility.

Condensible PM10 means PM-10 formed immediately or shortly after discharge to the atmosphere, as measured by the applicable test method specified in 35 Ill. Adm. Code Part 212.110. Condensible particulate matter exists in gaseous and/or vapor form prior to release to the atmosphere, e.g. in the stack, and forms particulate matter upon condensation when subject to conditions of cooling and dilution in the atmosphere.

Dwelling, multifamily. See "Multiple-family dwelling."

Dwelling, single-family. See "Single-family dwelling."

Dwelling, two-family. See "Two-family dwelling."

Dwelling unit means one or more rooms in a building designed or used for residential occupancy or one or more rooms in that portion of a building designed or used for residential occupancy which are arranged, designed, used or intended for use by one family and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.

Family means:

(1)

An individual;

(2)

Two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit; or

(3)

A group of not more than four persons who need not be related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit;

plus, in each case, usual domestic servants.

Fence means a freestanding structure of metal, masonry, composition or wood or any combination thereof, resting on or partially buried in the ground and rising above ground level, and used for confinement, screening or partition purposes.

Flammables means substances having a flashpoint of less than 187 degrees Fahrenheit.

Foodstores means stores which sell foods, fresh, frozen or preserved, and other items commonly sold in connection therewith, and including but not limited to stores commonly referred to as bakeries, dairy stores, delicatessens, fruit and vegetable markets, groceries, health food stores, nut shops and supermarkets. Sales must be made at retail on the premises but not for consumption on the premises. The preparation of food, such as baking, processing or curing shall be incidental to and directly related to such sale at retail.

Forest preserve means an area of open land maintained so as to preserve natural vegetation.

Front lot line. See "Lot line, front."

Front yard. See "Yard, front."

Frontage means the length of a front lot line or lines.

Garage means a building designed for the storage of motor vehicles, all sides of which are enclosed.

Golf course means a course designed and used for the game of golf, excluding courses and layouts designed for derivatives of the basic game such as miniature golf, pitch-and-putt golf and driving ranges.

Governmental use means any use of a building, structure or land by the United States government, the state, the county, the city, or any other governmental body, or by any agency, department or division thereof, in the performance or furtherance of official duties.

Gymnasium means a building or a room or hall within a building designed or intended for athletic exercises such as gymnastics, basketball or other indoor sporting events.

Hazardous substance means a substance defined as a hazardous substance pursuant to CERCLA 42USC § 9601 (14), as interpreted by EPA regulations and the courts.

Height, maximum, means a horizontal plane above the average finish grade of the entire lot at the height shown in the district regulations. No part of any building or structure shall project through such plane except:

(1)

Chimneys, flues, stacks, fire escapes, gasholders, elevator enclosures, ventilators, skylights, water tanks and similar roof structures needed to operate and maintain the building on which they are located.

(2)

Flagpoles, television aerials, water towers and tanks, steeples, monuments, cupolas, silos and barns.

Hospital patient housing means temporary non-medical housing exclusively for hospital patients and their immediate family members or personal attendants while undergoing out-patient treatment in a hospital located in the City of Zion provided such housing is owned and operated by the hospital providing the patients treatment.

Hotel or motel means a building or portion thereof, or a group of buildings, which contain sleeping accommodations for transients on a daily or weekly basis, whether such establishment is designated as a hotel, inn, automobile court, motel, motor hotel, motor inn, motor lodge, tourist cabin, tourist court or otherwise.

Laundry means an establishment in which clothing and other fabrics are dry cleaned and/or laundered professionally.

Laundry-cleaning depot means an establishment or business operated and maintained for the pickup and delivery of clothing and other fabrics for dry cleaning and/or laundering without the maintenance or operation on the premises of any laundry or dry cleaning equipment or machinery.

Laundry-cleaning, self-service means an establishment providing facilities with which customers may dry clean and/or launder their own clothes or other fabrics.

Lot means a parcel of land that is designated by its owner or developer, at the time of applying for a building permit, as a tract all of which is to be used, developed, or built upon as a unit under single ownership. So long as it satisfies the above requirements, such lot may consist of:

(1)

A single lot of record; or

(2)

A combination of complete lots of record.

Lot area. See "Lot size."

Lot coverage: The total area of a lot that is covered by all buildings, structures and impervious surface.

Lot depth means the distance between the midpoint of the front lot line and the midpoint of the rear lot line.

Lot line, front, means the property line of a lot which adjoins a street. For a corner lot in a nonresidential zoning district, each property line which adjoins a street shall be a front lot line; for a corner lot in a residential zoning district, the property line having the least dimension adjoining a street shall be the front lot line.

Lot line, rear, means a boundary of a lot which is most distant from, and is or is most nearly, parallel to the front lot line. If a rear lot line is less than ten feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line at least ten feet in length, lying wholly within the lot, parallel with and at the maximum distance from the front lot line.

Lot line, side, means a lot line which is neither a front line nor a rear lot line.

Lot size or lot area means the area of a horizontal plane bounded by the front, side and rear lot lines.

Lot width means the distance between the side lot lines as measured at right angles to the line establishing the lot depth at the point of intersection of such lot depth line with the established front building line.

Main floor means the floor of a building which is closest to the level of the ground in front of the building.

Maximum height. See "Height, maximum."

Minergy means a patented chemical process for recycling wastewater solids and sludge into liquid glass and then cooled into a solid glass aggregate product.

Mortuary means a funeral home or funeral chapel.

Motel. See "Hotel or motel."

Multiple-family dwelling means a residential building containing three or more dwelling units.

Nursery means an establishment where trees, shrubs, vines and similar plant life are propagated for transplanting or for use as stocks for grafting.

Nursing home means an institution for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care.

Odor threshold means the lowest concentration of odorous substance in the air which will produce an odor sensation.

Office. See "Business and professional office."

Offstreet parking means an area, accessible from a street or alley, whether enclosed or not, which is reserved for the exclusive use of the parking of motor vehicles.

Open land means land upon which no building or structure has been erected. Used car lots, public parking lots or lots devoted to similar uses, on which are located only buildings which are merely accessory to such open land uses, shall also be considered open land.

Outdoor storage means the storage of goods and materials outside of any building or structure, but not including storage of a temporary or emergency nature.

Parks means developed and improved open land areas for public use maintained for ornamental and recreational purposes and typically containing children's playground equipment.

Particulate matter means any solid or liquid material, other than water, which exists in finely divided form.

Performance standards means standards and regulations governing the performance and conduct of permitted uses. See Section 102-129.

Petroleum products means those substances included within the meaning of the petroleum exclusion to CERCLA, 42 USC § 9601(14), as interpreted by EPA regulations and the courts.

Principal building means a nonaccessory building in which is conducted a principal use of the lot on which the building is located.

Principal use means the main use of land or buildings as distinguished from a subordinate or accessory use.

Private club means an association organized and operated not for profit, of persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of such premises being restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting. The serving of food and meals on such premises is not prohibited, provided adequate dining room space and kitchen facilities are available.

Professional staff means all employees of the department of engineering and the department of planning and development not included within the definition of "technical staff" under this section.

Public utility facility means a principal distribution, control or manufacturing establishment of a public utility, as, for example, a natural gas meter station, a telephone exchange, a water filtration and pumping station or an electric generating station or substation; as distinguished from public utility transmission equipment such as wires, conduits, poles, towers, mains, pipelines and necessary appurtenant transmission equipment.

Rear lot line. See "Lot line, rear."

Rear yard. See "Yard, rear."

Reducing salon means an establishment which provides for a charge, apparatus and treatments to facilitate reducing or weight loss.

Remodeling means any change in a building or structure (other than incidental repairs and normal maintenance) which may prolong its useful life, or the useful life of its supporting members such as bearing walls or partitions, columns, beams, girders or foundations; or the construction of any addition to or enlargement of a building or structure; or the removal of any portion of a building or structure.

Residential building means a building all or part of which contains one or more dwelling units, including single-family dwellings, two-family dwellings, and multiple-family dwellings, but excluding hostelries, house trailers, lodginghouses, dormitories, sororities and fraternities, nurses' residences, sanitariums, nursing homes and convalescent homes.

Restaurant means a public eating house, including but not limited to the types of business establishment customarily referred to as cafeterias, coffee shops, dairy bars, restaurants and soda fountains.

Restaurant, drive-in, means a restaurant designed so that most of its customers do not eat indoors.

Restaurant, indoor, means a restaurant which provides indoor seating spaces to accommodate its patrons while eating.

Roomer means a person who rents on a weekly or monthly basis a room or rooms for living quarters which do not contain cooking facilities.

Roominghouse means an establishment which furnishes living quarters (but not individual cooking facilities) to individuals on a weekly or monthly basis for compensation.

Screening means structures or evergreen vegetation maintained for the purpose of concealing from view the area behind such structures or evergreen vegetation. When a use is required to be separated from an adjoining lot or district by screening, such screening shall be of sufficient size and design to completely conceal such use when viewed from the adjoining lot or district; provided, however, that no structure used for screening shall exceed the height of eight feet.

Setback means the distance between the front lot line and the principal building on the lot.

Setback, minimum, means the depth of a required front yard.

Side lot line. See "Lot line, side."

Side yard. See "Yard, side."

Sign means any writing (including letters, words or numerals), pictorial representation (including illustrations or decorations), emblem (including devices, symbols or trademarks), flag, banner, streamer, pennant, string of lights, or display calculated to attract the attention of the public, or any other figure of similar character which is:

(1)

A structure or any part thereof, or a portable display, or is attached to, painted on, or in any other manner represented on a building or other structure or on the ground;

(2)

Used to announce, direct or attract attention, or advertise; and

(3)

Located outside a building or, if inside a building, is designed primarily to be visible from without.

Single-family dwelling means a residential building containing one dwelling unit only.

Specialty schools means schools offering instruction in languages, arts, business skills, trades, crafts and other specialties, but excluding any instruction involving the use of heavy machinery or any instruction conducted out-of-doors.

Stadium means a structure, typically unenclosed, designed or intended for athletic contests such as baseball, football or track and field events with tiers of seats for spectators.

Story means that portion of a building that is included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story for the purposes of this chapter unless more than one-half of the basement height is below curb level.

Street means a public thoroughfare which affords a principal means of access to abutting property.

Street line means a line which forms the boundary of the right-of-way of an existing or dedicated street.

Structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, such as buildings, walks, fences and signs.

Technical staff means all draftsmen, field inspectors, secretarial and support staff employed by the city in the department of engineering and the department of planning and development.

Theater means a building or a room or hall within a building which contains a stage or motion picture projection screen and is designed or intended for stage production or motion picture use.

Two-family dwelling means a residential building containing only two dwelling units.

Use means any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied; also, any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.

Use, accessory. See section 102-152 for definition.

Use regulations means regulations controlling the uses of buildings, structures and land, and including the use regulations for specific zoning districts enumerated in articles II, III and IV and the use regulations, supplemental, article VI.

Vibration means the periodic displacement of earth.

Yard means an open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except for those permitted obstructions enumerated in section 102-202.

Yard, front, means a yard extending along the full length of a front lot line and back to line drawn parallel to the front lot line at a distance therefrom equal to the depth of the required front yard.

Yard, rear, means a yard extending along the full length of the rear lot line and back to a line drawn parallel to the rear lot line at a distance therefrom equal to the depth of the required rear yard.

Yard, side, means a yard extending along a side lot line and back to a line drawn parallel to the side lot line at a distance therefrom equal to the width of the required minimum side yard, but excluding any area encompassed within a front yard or rear yard. Dimensions of minimum side yards specified in the district regulations of this chapter refer to the required width of each side yard rather than to the total width of both side yards, unless otherwise specified.

(Ord. No. 65-0-18, §§ 11.8, 12.2, 12.6, 4-6-65; Ord. No. 91-0-48, § III, 5-6-91; Ord. No. 91-0-104, § I, 10-21-91; Ord. No. 91-0-107, § I, 11-4-91; Ord. No. 95-0-85, § V, 11-21-95; Ord. No. 99-0-98, § 3, 12-7-99; Ord. No. 2001-0-63, § 3, 12-4-01; Ord. No. 03-O-34, §§ 3, 4, 8-5-03)

Cross reference— Definitions and rules of construction generally, § 1-2.