The purpose of this chapter is to classify, regulate, and restrict the location of businesses and industries, and the location of buildings designed for specified industrial, commercial, residential, and other uses; to regulate and limit the height and bulk of buildings hereafter erected; to regulate and limit the intensity of the use of lot areas; to regulate and determine the area of yards, courts, and other open spaces within and surrounding buildings; to prevent additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed by this chapter; to provide for the gradual elimination of nonconforming uses of land, buildings and structures; to prescribe penalties for the violation of this chapter; to secure safety from fire, panic, and other dangers; to provide adequate light and air; to prevent overcrowding of land; to conserve the taxable value of land and buildings throughout the village; and to promote the public health, safety, and welfare.

(Code 1999, § 40-1-2; Ord. No. 2002-13, art. 1, 8-14-2002)

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 building means a subordinate building, or a portion of the main building, the use of which is incidental to that of the dominant use of the main building or premises on the same lot. A manufactured home shall not be permitted to function as an accessory building. Portable buildings shall be considered to be accessory buildings and shall be subject to area and height regulations and setback regulations.

Accessory use means a use customarily incidental and subordinate to the principal use and located on the same lot with the principal use. An accessory use includes, but is not limited to, the following:

(1)

A garage, shed, or building for domestic storage.

(2)

A garden house, private greenhouse, or child's playhouse.

(3)

Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations.

Alley means a public right-of-way which affords a secondary means of access to abutting property.

Alteration means a change or rearrangement of the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or increasing in height, or the moving from one location or position to another, or by a change in use from that of one district classification to another, of a building or structure.

Amendment means a change in the provisions of this chapter (including those portions incorporated by reference), properly effected in accordance with state law and the procedures set forth therein.

Attached, as applied to buildings, means having a common wall or a common roof.

Basement means a story having more than one half of its height below the average level of the adjoining ground.

Bed and breakfast. See Boardinghouse.

Board of zoning appeals means the duly appointed board of zoning appeals as established by this chapter.

Boardinghouse means an establishment other than a hotel or motel, where, for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for three or more persons but not exceeding ten persons.

Build means to erect, convert, enlarge, reconstruct, structurally alter, or otherwise materially change a building or structure.

Building or structure means any covered structure permanently affixed to land and designed or used to shelter persons or chattels.

Building height means the vertical distance from the average grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the height of the highest gable of a pitch roof or hip roof. Chimneys, towers, cooling towers, and similar projections shall not be included in calculating building height.

Building inspector means the duly appointed or employed officer whose duty is to enforce the provisions of any zoning regulations established by the village.

Building setback line means the line nearest the front of and across a lot, delineating the minimum open space required between the front of a structure and the street right-of-way.

Clinic means an establishment wherein licensed physicians or dentists practice medicine or dentistry but where overnight lodging for sick or injured persons is not provided.

Club or lodge means a nonprofit association or persons who are bona fide members organized for some purpose and paying regular dues, and whose facilities are restricted to members and their guests; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

Community residence means a dwelling unit where eight or fewer unrelated disabled persons reside, plus not more than two additional persons serving as house parents or guardians, who need not be related to each other or to any of the disabled persons residing in the dwelling.

Day care center means an institution or place in which are received three or more children or elderly adults, not of common parentage, apart from their parents or guardian, for part of or all day, but not later than 9:00 p.m.

(1)

The term "day care center" includes, but is not limited to, the following:

a.

Nursery schools;

b.

Child care centers;

c.

Geriatric care center;

d.

Day nurseries;

e.

Kindergartens; and

f.

Play groups.

(2)

The term "day care center" does not include bona fide kindergartens or nursery schools operated by public or private elementary or secondary school systems or nursing homes.

District, zoning, means any section of the village wherein certain uniform requirements or various combinations thereof apply to structures, lots and uses under the terms of this chapter.

Driveway means a minor way providing vehicular access to a garage or off-street parking area.

Dwelling means a building or structure used primarily for residential purposes. A dwelling may involve (without limiting the same) modular housing or prefabricated housing, but shall not include hotels, motels, lodginghouses, boardinghouses, group homes or half-way houses, or similar housing. A single-family dwelling unit is a dwelling that contains only one living unit; a two-family dwelling unit is a dwelling that contains only two living units; and a multiple dwelling is a dwelling that contains more than two living units.

Existing means actually constructed or in operation on the effective date of this chapter.

Family means an individual, or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit; or a group of two or more persons, all of whom are related by blood, marriage or legal adoption, except that the group may include three persons not so related, living together as a single housekeeping unit.

Filling station means any building or premises used principally for the storing, dispensing, sale, or offering for sale at retail of automobile fuels or oils.

Flood elevation, regulatory, means the elevation of the most severe flood that, on the basis of U.S. Army Corps of Engineers data, may be expected to occur once every 100 years.

Floor area means the sum of the gross horizontal areas of the rooms constituting a dwelling unit or lodging room, including closets, baths, utility rooms, enclosed porches and hallways when accessible only to the occupants of the dwelling unit or lodging room and not accessible to other occupants of the building or to the general public, and only when such rooms, walls, or other areas are an integral part of such dwelling unit or lodging room. Floor area shall be measured from the interior faces of the outermost walls defining the dwelling unit or lodging room, but shall not include any unfinished or finished space having head room of less than five feet.

Frontage means all of the property fronting or abutting one side of a street.

Garage, private, means an accessory building designed or used for the storage of vehicles owned by the occupants of the building to which it is accessory.

Garage, public, means a building or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping, hiring, selling, or storing motor-driven vehicles.

Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Home occupation means any business, profession, or occupation conducted for gain or support entirely within any dwelling or on any residential premises and employing no more than one person who is unrelated to the family residing on the premises, and subject to other provisions of this chapter. Every home occupation is to be considered a special use.

Hotel or motel means an establishment consisting of a group of at least ten lodging rooms designed for use by transient guests.

Junkyard means a tract of land, including any accessory structures thereon, that is used for handling of waste or scrap materials. The scrap materials include vehicles, machinery, and equipment not in operable condition (or parts thereof), and metals, glass, paper, plastics, rags, and rubber tires. A lot on which three or more inoperable vehicles are stored shall be deemed a junkyard. The term "junkyard" includes the term "automobile wrecking yard."

Kennel means any structure or premises, or portion thereof, on which more than four dogs, cats, or other household domestic animals over six months of age are kept.

Living unit means the rooms occupied by a family. The living unit must contain a separate kitchen, bathroom and related facilities.

Lot or plot means a parcel of land occupied or intended for occupancy by one main building together with its accessory buildings and uses customarily incidental to the lot, including the open spaces required by this chapter, and having its principal frontage upon a street or upon an officially approved place.

Lot, corner, means a lot adjoining two or more streets at their intersection.

Lot, depth of, means the mean horizontal distance between the front and rear lot lines.

Lot line, front, in the case of an interior lot, means a line separating the lot from the road, street or place. In the case of a corner lot, the term "front lot line" means a line separating the narrowest frontage of the lot from the street.

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

Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.

Lot width means the mean horizontal width of a lot measured at right angles to the side lot line.

Manufactured home means a manufactured home as defined in 810 ILCS 5/9-102, and includes the following:

(1)

A manufactured home that is factory-assembled, a completely integrated structure, constructed on or before June 30, 1976, designed for permanent habitation, with a permanent chassis, and so constructed as to permit its transport on wheels temporarily or permanently attached to its frame, that is a movable or portable unit that is constructed to be towed on its own chassis (comprised of frame and wheels) from the place of its construction to the location, or subsequent locations, at which it is connected to utilities for year-round occupancy for use as a permanent habitation, and designed to be used as a dwelling with or without a permanent foundation, and situated so as to permit its occupancy as a dwelling place for one or more persons.

(2)

The term "manufactured home" includes units otherwise meeting their respective definitions containing parts that may be folded, collapsed, or telescoped when being towed and that may be expected to provide additional cubic capacity, and that are designed to be joined into one integral unit capable of being separated again into the components for repeated towing.

(3)

The term "manufactured home" excludes campers and recreational vehicles.

(4)

A manufactured home shall be considered a manufactured home despite the fact that it is subsequently modified so as not to conform exactly to the above-stated definition. Such modifications may include, but shall not be limited to, modifying the manufactured home for use as an office rather than as modifying the manufactured home so that it is no longer movable (such as by removing the wheels).

(5)

A manufactured home shall be considered a manufactured home despite the fact that it is placed on a permanent or semi-permanent foundation or that it satisfies usual building requirements for standard construction.

(6)

The term "manufactured home" includes the terms "mobile home," "trailer," "house trailer," or other description of the same.

(7)

Modular housing and prefabricated housing may be considered manufactured homes as provided in the definition of those terms. It is the intent of this chapter that all single- and double-wide structures be considered manufactured homes whether they might otherwise constitute modular housing or prefabricated housing.

Manufactured home park or subdivision means an area of land divided into two or more lots with foundations, platted and laid out to provide sites for manufactured homes permanently affixed to the land for a period of time exceeding 60 days. The subdivision area shall include any building or structure, fixture or equipment that is used or intended to be used in connection with providing that accommodation, including provisions for sewer, water, and electrical services and any other similar facilities required to permit occupancy of such manufactured homes parked thereon.

Modular home means a dwelling made up of several pieces, consisting of standard "modules" transported to or constructed at the site and generally not distinguishable from conventional permanent housing. Although otherwise qualifying as modular housing, a modular house shall be considered a manufactured home if it is less than 15 feet in width or 32 feet in length equivalent to a single-wide manufactured home. A manufactured home shall not be considered modular housing.

Motel. See Hotel or motel.

Nonconforming use means the use of any premises contrary to the use provisions of this Code for the district in which the premises is located.

Nuisance means any thing, condition, or conduct that endangers health, or unreasonably offends the senses, or obstructs the free use and comfortable enjoyment of property, or essentially interferes with the comfortable enjoyment of life.

Nursery means a tract of land on which trees, shrubs, and other plants are raised for transplanting and sale, and includes any structure in which these activities are conducted.

Nursery school. See Day care center.

Nursing home means a building used as a medical care facility for persons who need long-term nursing care and medical service but do not require intensive hospital care.

Occupational sign means a non-illuminated professional nameplate or sign identifying a home occupation, not exceeding one square foot in area, wall-mounted and adjacent to the main entrance of the building or affixed to a window.

Office means any building or portion thereof in which the business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted.

Parking lot means a parcel of land devoted to unenclosed parking spaces.

Parking space means an area sufficient in size to store one automobile, together with a driveway connecting the parking space with a street or alley.

Portable building. See Accessory building.

Principal use means the main use of a building or structure, as distinguished from a subordinate or accessory use.

Roominghouse. See Boardinghouse.

Screening means trees, shrubs, walls, solid fences, etc., used as a means of visual and noise control.

Setback means the minimum horizontal distance between a lot line and the nearest portion of a building.

Sign means any object, device, display, or structure or part thereof that is used to advertise, identify, display, or attract attention to any object, person, institution, organization, business, product, service, or event related to the premises on which the sign is situated by any means, including words, letters, figures, designs, symbols, fixtures, colors, or illumination.

Special use means a use that has unusual operational, physical, or other characteristics which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district. Special uses are allowed only by permit.

Special use permit means a permit issued in accordance with the provisions of this chapter to regulate development of a special use, which permit runs with the land, unless it otherwise provides.

Story means the portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling.

Street means all property dedicated or intended for public or private use for motor vehicle travel, excluding a way for pedestrian use only.

Structure means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

Structure, temporary, means any structure that is not attached to a permanent foundation.

Use means the specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

Use variance means a type of amendment (not a variance) that allows a use in a district where the use would not be allowed under existing provisions of this chapter.

Variance means a relaxation of the strict application of the lot size, setbacks, or other bulk requirements applicable to a particular lot or structure, granted upon demonstration of particular hardship.

Yard means open space that is unobstructed, except as specifically permitted in this chapter, and that is located on the same lot as the principal building.

Yard, front, means a yard which is bounded by the side lot lines, front lot lines and the building line.

Yard, rear, means a yard which is bounded by side lot lines, rear lot lines, and the rear yard line.

Yard, side, means a yard which is bounded by the rear yard line, front yard line, side yard line, and side lot line.

Yard line means a line in a lot that is parallel to the lot line along which the yard in question extends and which is not nearer to such lot line at any point than the required depth or width of the yard.

Zoning commission means the duly appointed village zoning commission.

Zoning district maps means official zoning district maps for the village showing the boundaries of the zoning districts for the area inside the corporate limits of the village. Zoning district maps are part of the village zoning regulations.

Zoning officer means the duly appointed or employed officer whose duty is to enforce the provisions of any zoning regulations established by the village.

(Code 1999, § 40-3-1; Ord. No. 2002-13, art. 3, § 1, 8-14-2002; Ord. No. 2012-68, § 1, 5-9-2012)

(a)

The provisions of this zoning chapter shall apply to the entire village.

(b)

No building shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any building or land be used, except for a purpose permitted in the district in which the building or land is located.

(c)

No building shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the height and area regulations herein established for the district in which the building is located.

(d)

The yard regulations and density of population provisions required by this chapter are minimum regulations for each and every building existing at the effective date of this chapter and for any building subsequently erected or structurally altered. No land required for yards or other open spaces about an existing building or any building subsequently erected or structurally altered shall be considered a yard or lot area for more than one building.

(e)

Every building subsequently erected or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than one main building on one lot.

(Code 1999, §§ 40-4-6, 40-4-7; Ord. No. 2002-13, art. 4, §§ 6, 7, 8-14-2002)

The village plan commission shall recommend the boundaries of districts for land use and shall recommend to the village board regulations that:

(1)

Regulate and limit the height and bulk of buildings hereafter to be erected.

(2)

Establish, regulate and limit the building or setback lines on or along the streets, trafficways, drives, parkways, or stormwater or floodwater runoff channels or basins.

(3)

Regulate and limit the intensity of the use of lot areas, and regulate and determine the area of open spaces within and surrounding such buildings.

(4)

Classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential, and other uses.

(5)

Divide the entire municipality into districts of such number, shape, area, and of such different classes (according to use of land and buildings, height and bulk of buildings, intensity of the use of the lot area, area of open spaces, or other classification) as may be deemed best suited to carry out the purpose of this section.

(6)

Fix standards to which buildings or structures therein shall conform.

(7)

Prohibit uses, buildings, or structures incompatible with the character of such districts.

(8)

Prevent additions to and alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed under this section.

(Code 1999, § 4-1-8)

Except as may be provided otherwise by statute or ordinance, no officer, board member, agent, or employee of the village shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, board member, agent, or employee of the village as a result of any act required or permitted in the discharge of his duties under this article shall be defended by the village attorney until the final determination of the legal proceedings.

(Code 1999, §§ 40-2-1, 40-2-2; Ord. No. 2002-13, art. 2, §§ 1, 2, 8-14-2002)

In interpreting and applying the provisions of this chapter, the provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any ordinances, rules, regulations, or permits previously adopted or issued and not in conflict with any of the provisions of this chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, and likewise not in conflict with this chapter; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this chapter imposes a greater restriction, this chapter shall control.

(Code 1999, § 40-18-1; Ord. No. 2002-13, art. 18, § 1, 8-14-2002)

The village board may from time to time amend this chapter in the manner prescribed by the statutes of this state. No such amendment shall be made until it shall have been referred to the village zoning commission and a report received from the commission of the effect of the amendment upon the village and the welfare of the inhabitants thereof. The village zoning commission shall hold one public hearing upon such amendment, as required by law, and is designated as the body to hold such hearings. If no report is received from the village zoning commission within 60 days, it may be assumed that the commission has approved the amendment.

(Code 1999, § 40-19-1; Ord. No. 2002-13, art. 19, § 1, 8-14-2002)