This chapter is adopted for the following purposes:

(1)

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

(2)

To protect the character and the stability of the residential, business and manufacturing areas within the village and to promote the orderly and beneficial development of such areas;

(3)

To conserve the values of property throughout the village and to protect the character and stability of residential, business and industrial areas;

(4)

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

(5)

To regulate the intensity of use of lot areas, and to determine the area of open space surrounding buildings which is necessary to provide adequate light and air, and to protect the public health;

(6)

To divide the village into districts of such number, shape, area and of such different classes, according to the use of land and buildings, the height and bulk of buildings, the intensity of use, and the area of open spaces, as may be deemed best suited to carry out the purposes of this chapter;

(7)

To establish building lines and the location of buildings designed for residential, business and manufacturing or other uses within such areas;

(8)

To prohibit locations and uses of buildings or structures and uses of land that are incompatible with the type of development planned for specified districts of the village;

(9)

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

(10)

To protect against fire, explosion, noxious fumes and other dangers;

(11)

To limit congestion in the public streets and to protect the public health, safety, convenience and general welfare by providing for the off-street parking of motor vehicles and the loading and unloading of commercial vehicles;

(12)

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

(13)

To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in each district by regulating the use and bulk of buildings in relation to the land surrounding them;

(14)

To conserve the taxable value of land and buildings throughout the village;

(15)

To lessen or avoid the hazard to persons and damage to property resulting from the accumulation or runoff of stormwaters or floodwaters;

(16)

To facilitate and ensure the preservation of sites, areas and structures of historical, architectural and aesthetic importance;

(17)

To provide for the gradual elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of existing or desirable development in each district;

(18)

To define the limits, powers and duties of administrative officers and bodies as provided herein; and

(19)

To prescribe penalties for the violation of, and methods for the enforcement of, the provisions of this chapter or any amendment thereto.

(Code 1973, ch. 29, § 2-101)

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 uses means a structure or use which:

(1)

Is subordinate to and serves a principal structure or principal use;

(2)

Is subordinate in area, extent or purpose to the principal structure or principal use served;

(3)

Contributes to the comfort, convenience or necessity of the occupants of, or the business or industry located in, the principal use served; and

(4)

Is located on the same lot as the principal structure or principal use served.

Active to intense burning means a rate of combustion described by material that burns with a high degree of activity and is consumed rapidly. Examples of the term "active to intense burning" include sawdust, powdered magnesium, pyroxylin, and other solids deemed by the fire department to have equivalent burning characteristics.

Agriculture means the use of a tract of land of not less than five acres for growing crops in the open, dairying, pasturage, horticulture, floriculture, and necessary accessory uses, including the structures necessary for carrying out farming operations and the residence of the person who owns or operates the farm, and the family thereof; provided, however, such agricultural use shall not include the following uses:

(1)

The maintenance and operation of commercial greenhouses or hydroponic farms, except in zoning districts in which such uses are expressly permitted;

(2)

Wholesale or retail sales as an accessory use unless the same are specifically permitted by this chapter;

(3)

The feeding, grazing, or sheltering of animals or poultry in either penned enclosures or in open pasture within 100 feet of any lot line. Agriculture does not include the feed of garbage to animals, the raising of poultry or fur-bearing animals as a principal use, or the operation or maintenance of a commercial stockyard or feed yard.

Alley means a dedicated public right-of-way, other than a street, that affords a secondary means of access to abutting property.

Apparel stores mean stores selling new clothing for men, women, or children at retail.

Appliance sales means the sale of common household appliances, such as washing machines, television sets, power tools, electric razors, radios and refrigerators, and repair of the same types of appliances as are sold on the premises when such repairs are incidental or accessory to their sale.

Auction house means a use in which new and used durable and non-durable goods are sold at auction to the public. Merchandise could be sold at retail to the public, but the sales would be in addition to the scheduled auction activities.

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

Automobile sales means the sale of new and used automobiles and other motor vehicles in operating condition; the storage of automobiles and other motor vehicles in operating condition, but not including storage of trucks of more than five tons in weight or buses; and, the repair and servicing of such vehicles, including body work, painting, or motor rebuilding, where conducted within a completely enclosed building.

Automobile service station means a structure and surrounding land used for the storage and sale of petroleum fuel primarily to passenger 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 repairs.

Awning means a roof-like 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 mean commercial banks, savings and loan associations, brokerage offices and other similar financial institutions, but not including pawn shops.

Basement means a story having part but not more than one-half of its height below grade. The term "basement" is counted as a story for the purpose of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.

Block means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, bulkhead lines or shorelines of waterways, or corporate boundary lines of the village.

Boardinghouse orlodginghouse means a residential building or portion thereof, not qualifying as a community residence under state or federal law, that contains lodging rooms for the accommodation of two or more persons who are not members of the keeper's immediate family where lodging or lodging in combination with meals, including lunch and dinner, is provided in exchange for compensation. The term "boardinghouses" shall not provide meals to non-boarders and do not include establishments licensed by the state as motels, hotels, apartment hotels or restaurants.

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

Building height means the vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest elevation of the roof.

Building line means the line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.

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

(1)

Maximum height.

(2)

Maximum lot coverage.

(3)

Maximum floor area ratio.

(4)

Minimum size of yards and setbacks.

Burial building means any building used for the interment of bodies or other remains of persons who have died, including mausoleums, vaults or columbaria.

Business and professional office means the 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.

Business district means any zoning district designated with a "B," for example, "B-1."

Cannabis business establishment means a cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization, transporting organization, as defined herein.

Cannabis craft grower means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., enacted by the State of Illinois, as it may be amended from time to time, and regulations promulgated thereunder.

Cannabis cultivation center means a facility operated by an organization or business that is registered licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq. and the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1 et seq. enacted by the State of Illinois, as may be amended from time to time, and regulations promulgated thereunder.

Cannabis dispensing organization means a facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq. and the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1 et seq. enacted by the State of Illinois, as may be amended from time to time, and regulations promulgated thereunder.

Cannabis infuser means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq. enacted by the State of Illinois, as it may be amended from time-to-time, and regulations promulgated thereunder.

Cannabis processor means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., enacted by the State of Illinois, as it may be amended from time to time, and regulations promulgated thereunder.

Cannabis transporter means an organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq., enacted by the State of Illinois as it may be amended from time-to-time, and regulations promulgated thereunder.

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, or a roof-like structure of a permanent nature which projects from the wall of a structure and overhangs the public way.

Capacity in persons means the maximum number of persons that can avail themselves of the services or goods of an establishment, at any one time, with reasonable comfort.

Car wash means a structure, or portion thereof, containing facilities for washing automobiles, and may utilize production-line methods using a conveyor, blower, steam-cleaning device, or other mechanical devices.

Cellar means a story having more than one-half of its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement.

Clinic or medical center means an establishment where three or more licensed doctors of medicine engage in the practice of medicine, operating on a group or individual basis, with pooled facilities such as coordinated laboratory, x-ray and allied departments, for the diagnosis and treatment of humans, which need not, but may, include a drug prescription counter (not a pharmacy) for the dispensing of pharmaceutical products, excluding medical marijuana, to the patients of the organization. The term "clinic or medical center" may also include the space for the practice of dentistry.

Closed cup flash point means the lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will propagate a flame. The tag closed cup tester shall be authoritative for liquids having a flash point below 175 degrees Fahrenheit. The Pensky-Martens tester shall be authoritative for liquids having flash points between 175 degrees Fahrenheit and 350 degrees Fahrenheit.

Cocktail lounge means an establishment that provides drink, entertainment or dancing.

Commercial recreation means establishment providing amusement or entertainment for a fee or admission charge, including, but not limited to, activities such as a dance studio, bowling alley, billiard establishment, sport arena, swimming pool, miniature golf, movie theater, health club and gymnasium.

Community residence means a group home or specialized residential care home serving unrelated persons with disabilities which is licensed, certified or accredited by appropriate local, state or national bodies. The term "community residence" does not include a residence which serves persons as an alternative to incarceration for a criminal offense or persons whose primary reason for placement is substance or alcohol abuse or for treatment of a communicable disease.

Convenience center means a shopping area, intended primarily for walk-in trade, designed to provide for a concentration of a limited range of commercial uses needed to meet the daily convenience shopping needs of residents of nearby areas.

Corner lot means a lot which adjoins the point of intersection or meeting of two or more streets and in which the interior angle formed by the street lines is 135 degrees or less. If the street lines are curved, the angle shall be measured at the point of intersection of the extensions of the street lines in the directions which they take at the intersections of the street line with the side lot line and with the rear lot line of the lot. If the street line is curved at its point of intersection with the side lot line or rear lot line, the tangent to the curve at that point shall be considered the direction of the street.

Country club means a private recreational facility operated for bona fide members paying annual dues for the use of a golf course and ancillary uses such as restaurants (including the sale of alcoholic beverages), residential uses for guests, managers and other employees, but not including commercially operated driving ranges or miniature golf courses.

dB(a) means decibels are read on the sound level meter when set for the (a)-weighted filter. The (a)-weighted filter approximates the sensitivity of the human ear as to frequency response.

Decibel (sometimes abbreviated dB) means a unit which describes the sound pressure level or intensity of sound. A sound level meter is calibrated in decibels.

Density means restrictions on the number of dwelling units that may be constructed per acre or per square foot of zoning lot area.

Discotheque means a nightclub, cocktail lounge, or dance hall, or portion thereof, that is usually characterized by showy decor and special lighting effects and that features recorded, electronically amplified music for dancing.

Donation drop box means a receptacle used for collection of used clothing, shoes, books and similar small household items donated by the public for redistribution.

Double frontage lots means any lot which has its rear yard as well as the front yard bordering on a street.

Drive-in establishment means an enterprise which accommodates the patrons' automobiles and from which the occupants of the automobiles may make purchases, transact business, or view motion pictures or other entertainment.

Dry cleaning (self-service) means an establishment providing facilities with which customers may dry-clean their own clothes or other fabrics.

Dry cleaning establishment (retail) means an establishment at which articles are received for dry cleaning to be done at a location other than such establishment and also an establishment at which articles are received for dry cleaning to be done on the premises of such establishment where any dry cleaning processing done on the premises is in conjunction with and devoted exclusively to the processing of articles received at such establishment.

Dwelling means a building or portion thereof, but not a mobile home, designed or used for residential occupancy.

Dwelling, attached, means a residential building which is joined to another dwelling at one or more sides by a party wall.

Dwelling, detached, means a residential building which is entirely surrounded by open space on the same lot.

Dwelling, multiple-family, means a residential building containing three or more dwelling units.

Dwelling, single-family, means a residential building containing one dwelling unit only.

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

Dwelling unit means one or more rooms in a residential building or residential portion of a building 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.

Easement means a grant by a property owner for the use of a strip or parcel of land by the general public, a corporation, or a certain person for a specific purpose.

Efficiency apartment means a dwelling unit containing one or more rooms, but no bedroom, designed for occupancy by one family.

Family means either:

(1)

An individual or two or more persons related by blood, marriage or adoption, maintaining a common household in a dwelling unit; or

(2)

A group of not more than two persons who are not related by blood, marriage, or adoption living together as a common household in a dwelling unit, plus, in either case, usual domestic servants.

The term "family" may include gratuitous guests or minor children not related by blood, marriage or adoption. For purposes of this chapter, however, an unrelated family shall not include persons living together in a community residence or nursing home.

Family, immediate, means an individual or two or more persons related by blood, marriage or adoption, maintaining a common household in a dwelling unit.

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 aboveground level, and used for confinement, screening or partition purposes. Fences may be of decorative or open design intended for ornamental or embellishment purposes but such fences shall be limited to post and rail, split rail and picket fencing.

Flash point means the lowest temperature at which a flammable liquid will momentarily burn under prescribed conditions. The closed cup flash point shall be authoritative and the test shall be run in accordance with the appropriate ASTM procedure.

Floor area.

(1)

The term "floor area" means the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, computed as follows:

a.

For determining floor area ratio, the sum of the following areas:

1.

The basement floor area when more than one-half of the basement height is above the finished lot grade level where curb level has not been established;

2.

Elevator shafts and stairwells at each floor;

3.

Floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof);

4.

Penthouses;

5.

Attic space having head room of seven feet, ten inches or more;

6.

Interior balconies and mezzanines;

7.

Enclosed porches; and

8.

Floor area devoted to accessory uses.

Space devoted to off-street parking or loading shall not be included in the floor area. The floor area of structures devoted to bulk storage of materials shall be computed by counting each ten feet of height, or fraction thereof, as being equal to one floor.

b.

For determining off-street parking and loading requirements, the sum of the following areas:

1.

Floor space devoted to the principal use of the premises, including accessory storage areas located within selling or working space such as counters, racks, or closets;

2.

Any basement floor area devoted to retailing activities; and

3.

Floor area devoted to the production or processing of goods or to business or professional offices.

(2)

For this purpose, the term "floor area" shall not include space devoted primarily to storage purposes (except as otherwise noted herein), off-street parking or loading facilities, including aisles, ramps and maneuvering space or basement floor area other than area devoted to retailing activities, the production or processing of goods, or business or professional offices.

Floor area ratio (F.A.R.) means the floor area ratio of the building or other structure on any lot determined by dividing the floor area of such building or structure by the area of the lot on which the building or structure is located. When more than one building or structure is located on a lot, then the floor area ratio is determined by dividing the total floor area of all buildings or structures, by the area of the lot, or, in the case of planned development, by the net site area. The floor area ratio requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for a building or other structure (including both principal accessory buildings) in direct ratio to the gross area of the lot.

Food stores mean stores which sell foods, fresh or frozen, and other items commonly sold in connection therewith and, including, but not limited to, stores commonly referred to as dairy stores, delicatessens, fruit and vegetable markets, grocery stores, health food stores, nut shops and supermarkets. Sales must be made at retail on the premises, but not for consumption on the premises.

Footcandle means a unit of illumination. Technically, the illumination at all points one-foot distance from a uniform point source of one candle power.

Free burning means a rate of combustion described by material which burns actively and easily supports combustion, for example: coal and charcoal.

Front lot line. See Lot line, front.

Front yard. See Yard, front.

Frontage means the length of a front lot line.

Garage sale means a sale usually conducted in a garage on a residential lot, sometimes referred to as a yard sale, basement sale, or attic sale, a temporary display and sale of unwanted household items and belongings, usually by the persons residing on the lot.

Garden stores mean stores which sell growing plants, seeds, bulbs, shrubs and gardening and landscaping tools, implements, and supplies, including lawn furniture.

Grade means a reference plane representing the average of finished ground level adjoining the building at all exterior walls.

Gross density means the ratio between the total number of dwelling units and the total acreage of the development.

Gross floor area means the sum of the areas of the several floors of a building measured between the exterior faces of the walls at each floor, excluding any floor area used as parking for motor vehicles.

Gross residential density means the ratio between the total number of dwelling units and the total acreage of the development devoted to residential use.

Ground level, for purposes of building construction, means the level of the ground measured from the highest point of the ground in a horizontal plane.

Height, maximum, means a horizontal plane above and parallel to the average finished grade of the entire zoning lot at the height shown in the district regulations. No part of any structure shall project through such plane, except:

(1)

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

(2)

Flag poles, television aerials, water towers and tanks, steeples and bell towers, carillons, monuments, cupolas, broadcasting and microwave transmitting and relay towers and electric transmission line towers.

Home occupations means a business, profession, occupation or trade conducted for gain entirely within a residential building, or, when permitted by section 54-307, within a structure that is accessory to a residential building.

Hospital, general, means an institutional facility, public or private, for profit or not, providing acute care and overnight accommodations of short or longer duration for persons suffering from illness, disease, injury, deformity, or other abnormal physical or mental conditions, treating a wide variety of such conditions and may also include outpatient facilities, administrative offices, physicians' offices, laboratories, training facilities, emergency and trauma services and other uses accessory to that principal use.

Hospital, specialized, means an institutional facility, public or private, for profit or not, providing acute care and overnight accommodations of short or longer duration for persons suffering from illness, disease, injury, deformity, or other abnormal physical or mental conditions, treating one or a few such conditions and may also include uses accessory to that principal use.

Impact noise means a short duration sound such as those from a forging hammer or punch press.

Industrial district means any zoning district designated with an "I"; for example, "I-1."

Intense burning means a rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly; for example, sawdust and magnesium (powder, flaked or strips).

Kennel, commercial, means a use conducted within a structure or structures or on a lot or parcel of land where two or more dogs, cats or other household domestic animals or any combination thereof are maintained, boarded, bred or cared for in return for remuneration, or are kept for the purpose of sale.

Laboratory, medical, means a use established for scientific experimentation, research or testing in the field of human medicine.

Landscaping means the improvement of a lot, parcel or tract of land with grass, shrubs, and trees. Landscaping may include pedestrian walks, flowerbeds, ornamental objects such as fountains, statuary, and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.

Laundry means an establishment in which clothing and other fabrics are laundered professionally.

Laundry (self-service) means an establishment providing facilities with which customers may launder their own clothes or other fabrics.

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

Lot, corner. See Corner lot.

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

(1)

A single lot of record;

(2)

A portion of a lot of record; or

(3)

A combination of complete lots of record, complete lots and portions of lots of record, or portions of lots of record.

Lot coverage means that percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof areas.

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

Lot line. See Lot line, front; Lot line, rear; Lot line, side.

Lot line, front, means a street right-of-way forming a boundary of a lot. On a corner lot, the owner or developer shall designate which of the two lot lines abutting a street right-of-way shall be considered a front lot line and which shall be considered a side lot line.

Lot line, rear, means the lot line that is most distant from, and is, or is most nearly, parallel to, the front lot line. If a rear lot line is less than 15 feet long, or if the lot comes to a point at the rear, the rear lot line shall be a line at least 15 feet long, lying wholly within the lot, parallel to the front lot line.

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

Lot of record means a lot which is part of a subdivision, the plat of which has been recorded in the office of the recorder of deeds of will county, or a parcel of land the deed to which was recorded prior to adoption of this ordinance from which this chapter is derived.

Lot size requirements mean restrictions on the dimensions of lots including minimum lot area, width and depth; and maximum density. Minimum lot area, width and depth establish the size of the zoning lot on which a structure or use, or two or more structures or uses, may be constructed or established.

Lot width means the distance on a horizontal plane between the side lot lines measured at right angles to the lot depth at the established front building line.

Medical clinic. See Clinic or medical center.

Menu board means a sign at a remote location on a lot giving product and price information about products sold on the lot to motorists in a waiting vehicle.

Minimum contiguous area means the area that may constitute a separate or detached part of any zoning district classification as set forth in this chapter.

Motel means a building or portion thereof, or a group of buildings, which provides sleeping accommodations for transients on a daily or weekly basis, whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, tourist court or otherwise.

Motor freight terminal means the principal use of a structure for the interchange and routing in intrastate and interstate shipment by truck. "Motor freight terminal" does not include the use of land for parking or storage of trucks, semi-trailers, tractor or trailer units for a fee.

Net residential density means the ratio between the total number of dwelling units and the total acreage devoted to residential uses minus all public and private rights-of-way and other nonresidential uses including any floodplain.

Nightclub means an establishment that stays open late at night and provides food, drink and entertainment or dancing.

Noncommercial recreation means recreational uses, including, but not limited to, parks, playgrounds, and athletic fields, provided that no charge for the purpose of obtaining a profit is made for the use of the area or any accessory structures thereon.

Nonconforming structure means a structure which does not comply in some respect with the lot size requirements or bulk regulations applicable to new structures in the zoning district in which it is located.

Nonconforming use means an existing use of a structure or land which does not comply in some respect with the use regulations applicable to new uses in the zoning district in which it is located.

Nursing or convalescent 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 or institutions for the care and treatment of mental illness, alcoholism, or narcotics addiction.

Octave band means a prescribed interval of sound frequencies which classifies sound according to its pitch.

Odor threshold means the lowest concentration of odorous matter in air that will produce an olfactory response in a human being.

Particulate matter means material other than water which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid.

Pawnbroker orpawnshop means an individual or business that engages in the business of lending or advancing money on the security of personal property pledged or deposited in his/its possession.

Planned development means a parcel or tract of land, initially under single ownership or control to be developed as a unified project and single entity which contains two or more principal buildings and more than one principal use, the plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the regulations in any one district established by this chapter.

Planned open space means a parcel of land or an area of water or a combination of land and water within the site designated for a planned residential development which is conveyed to a public body or to a homeowners' association, or similar organization. Planned open space may contain such complimentary structures and improvements as clubhouses, pools, tennis courts and similar facilities, but shall not include:

(1)

Areas reserved for the exclusive use or benefits of an individual tenant or owner, such as fenced yards of private residential yards;

(2)

Dedicated streets and other public rights-of-way;

(3)

Vehicular drives, parking, loading and storage areas, except those incidental to recreational facilities.

Precious metal dealer means an individual, corporation, partnership or association that primarily engages in any transaction of buying, selling, or exchanging secondhand jewelry or other items made of sterling silver or gold, or silver coins, or bullion to and from the public within the village from a fixed and regular place of business. A business primarily engages in buying, selling or exchanging secondhand jewelry or other items made of sterling silver or gold, or silver coins, or bullion to and from the public if 50 percent or more of its business transactions during any month involve the activities.

Preferred frequency octave bands means a standardized series of octave bands prescribed by the American National Standards Institute in s1.6, 1960, preferred frequencies for acoustical measurements.

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

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

Private club means an association organized and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such association are typically conducted by a board of directors, executive committee, or similar body chosen by the members. Food, meals, and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the common objectives of the organization, and further provided that such sale or service of alcoholic beverages is in compliance with all applicable federal, state, county and local laws and ordinances.

Rear lot line. See Lot line, rear.

Rear yard. See Yard, rear.

Recreational facility, commercial, means a use which may contain indoor or outdoor swimming pools, tennis courts, gymnasium, handball court, pool and billiard rooms, bowling alleys and other similar uses when operated for profit.

Remodeling means any change in a structure, including a structural alteration (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 structure; or the removal of any portion of a structure.

Residence district means any zoning district designated with an "R," for example, "R-2."

Residential building means a building all or part of which contains one or more dwelling units, including single-family dwellings, two-family dwellings, multiple-family dwellings, and lodginghouses.

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

Restaurant, carry-out, means a restaurant whose principal business operation is the dispensing of edible foodstuff or beverages served in one-way containers.

Retail sales means the sale of goods, merchandise and commodities for use or consumption.

Ringlemann number means the shade of smoke as it appears on the Standard Ringlemann Chart published by the U.S. Bureau of Mines Information Circular No. 8333 (1967).

Roadside stand means a structure for the display and sale of agricultural products, with no space for customers within the structure itself.

Screening means decorative, solid faced fencing, walls, earthen berms, or dense vegetation used individually or in combination for the purpose of concealing from view the area behind such fencing, walls, berms or vegetation.

Secondhand store means a business that engages in the business of buying, selling, exchanging or trading secondhand goods.

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

Shopping center means a group of more than six commercial establishments planned, developed and managed as a unit, located on a zoning lot of at least five acres, with off-street parking provided on the property.

Shrub, large, means deciduous or evergreen, self-supporting woody plant with an expected mature height of not less than five feet, and generally not more than 15 feet, with multiple trunks or multiple leaders.

Shrub, small, means deciduous or evergreen, self-supporting woody plant with an expected mature height of less than five feet, with multiple trunks or multiple leaders.

Side lot line: See Lot line, side.

Side yard. See Yard, side.

Sidewalk sale means temporary and incidental outdoor display and sale of merchandise, usually conducted on the sidewalk immediately adjacent an established retail establishment.

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

(1)

Is 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, window or other structure or on the ground; and

(2)

Is used to announce, direct attention to, or advertise.

Smoke means small gas-borne particles other than water that form a visible plume in the air.

Smoking materials means any lighted or unlighted cigarette, including, but not limited to, clove, bidis, or kreteks, electronic or e-cigarettes, cigars, cigarillos, pipes, hookah products, and any other smoking products; and any smoking, smokeless, spit or spit-less, dissolvable or inhaled tobacco products, including, but not limited to, dip, chew snuff or snus, in any form; and all nicotine delivery devices that are not FDA-approved as cessation products.

Sound level meter means an electronic instrument which includes a microphone, an amplifier, and an output meter which measures noise and sound pressure levels in a specified manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands.

Sound pressure level means the intensity of a sound measured in decibels mathematically described as 20 times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar.

Standard cubic feet (SCF) means standard cubic feet, which is the measure of the volume of a gas reduced to 14.73 pounds per square inch pressure absolute and 60 degrees Fahrenheit.

Story, first, means the lowermost story entirely above grade.

Story, one, means a structure which has only a first story and no other full or partial stories above or below the first story. A ranch is a residential structure included in this term. Included in the term "story, one" is a residential structure commonly known as a ranch.

Story, split, means a structure which has a first story and above or below the first story another story or stories which do not encompass the same gross floor area as does the first story. Included in the term "story, split" are residential structures commonly known as bi-level, split levels, slit entry and raised ranch.

Story, two, means a structure which has a first story and a second full story directly above and having the exterior walls of the first story continue vertically upwards to the top of the ceiling joists or when there is not a ceiling, to the top of the roof rafters of the second full story.

Structure means anything constructed or erected with a fixed location on the ground. With reference to the foregoing, a structure shall include buildings, fences, walls and signs.

Swimming pool, private, means a body of water in an artificial receptacle or other container, located indoors or outdoors, above or below the surface of the ground, having an inside wall depth at any point of two feet and at least 12 feet in perimeter, or containing an electrical filtering system. The definition of the term "private swimming pool" includes any children's pool of solid molded plastic or inflated rubber that meets with the above criteria.

Swimming pool, public, means any swimming pool available for use by the general public.

Swimming pool, semi-public, means any swimming pool not open to the general public and available primarily for use by the members of an association, club, organization or residents of a residential development.

Tavern means an establishment in which alcoholic beverages are sold or served to customers for consumption on the premises, including establishments, commonly known as key clubs, in which alcoholic beverages are served, only to members and their guests.

Temporary use means any temporary use permitted under section 54-286.

Three-component recording system means a complement of instruments or seismograph which can record simultaneously vibration vectors in three mutually perpendicular directions.

Threshold limit value means the maximum allowable airborne concentration of a toxic material, as established by the American Conference of Governmental Industrial Hygienists.

Toxic matter means materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.

Trafficway means a public way other than an alley, intended for vehicular traffic and affording a primary means of access to abutting property.

Trailer means a vehicle standing on wheels or on rigid supports which is used for transporting boats, cargo, or property.

Traveler complex means a group of highway-oriented establishments which are intended to primarily serve the needs of the automobile traveling public, including restaurants, motels, automobile laundries, and automobile service stations.

Tree, evergreen, means coniferous, needle bearing, self-supporting woody plant with a single leader with an expected mature height of 30 feet or more and expected mature spread of 20 feet or more.

Tree, ornamental, means deciduous self-supporting woody plant, with an expected mature height of 15 to 35 feet, with limbs sometimes occurring on the trunk less than six feet above the ground, and sometimes possessing multiple trunks.

Tree, overstory, means deciduous self-supporting woody plant, with an expected mature height of 35 feet or greater, with a single straight trunk and limbs occurring on the trunk not less than six feet above the ground.

Truck parking facility means the use of land for parking or storing in excess of five trucks, semi-trailers, tractor or trailer units for a fee.

Use means any purpose for which a 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 structure or on a tract of land.

Use regulations means the provisions of this chapter which identify permitted uses, impose use limitations, require adherence to performance standards and regulate home occupations and accessory and temporary uses.

Vehicular use area means all areas used for the display or parking of four or more vehicles, including boats and heavy construction equipment, whether such vehicles, boats or equipment are self-propelled or not, and all land upon which vehicles traverse the property as a function of the primary use, including, but not limited to, driveways, parking lot aisles, drive-through window lanes, stacking areas for car washes and gas stations.

Vibration means the periodic displacement or oscillation of the earth.

Wholesale sales means the sale of goods, merchandise and commodities for resale.

Width, lot. See Lot width.

Yard means open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except for the permitted obstructions listed in section 54-82.

Yard, corner side, means a yard extending between a side lot line abutting a street and a line drawn parallel thereto at a distance therefrom equal to that established by the corner side yard requirements of this chapter and also extending the full depth of the lot but excluding any area included in a front yard.

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

Yard, rear, means a yard extending along the 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 but excluding any portion of a corner side 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 yard 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.

Yard, transitional, means the required front, side, or rear yard between a business, office or industrial district and a residential district.

(Code 1973, ch. 29, §§ 5-102, 5-302, 15-201; Ord. No. 74-054, 5-7-1974; Ord. No. 74-133, 12-3-1974; Ord. No. 76-104, 9-21-1976; Ord. No. 77-033, 5-17-1977; Ord. No. 79-039, 6-19-1979; Ord. No. 80-044, 8-12-1980; Ord. No. 80-057, 10-10-1980; Ord. No. 83-007, 2-22-1983; Ord. No. 84-032, 8-14-1984; Ord. No. 84-034, 8-14-1984; Ord. No. 85-012, 2-26-1985; Ord. No. 85-062, 10-22-1985; Ord. No. 86-067, 11-25-1986; Ord. No. 87-061, 8-11-1987; Ord. No. 88-072, 9-27-1988; Ord. No. 92-175, 12-22-1992; Ord. No. 02-115, 9-10-2002; Ord. No. 03-111, 8-26-2003; Ord. No. 05-002, 1-4-2005; Ord. No. 10-065, 9-28-2010; Ord. No. 11-029, 5-10-2011; Ord. No. 12-013, 2-28-2012; Ord. No. 14-028, 4-22-2014; Ord. No. 15.032, 5-26-2015; Ord. No. 22-001, § 2, 1-11-2022; Ord. No. 22-063, §§ 2, 3, 10-25-2022)

(a)

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

(b)

Overlapping or contradictory regulations. Where the condition imposed by any provision of this chapter upon the use of land or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule or regulations of any kind, the regulations which are more restrictive shall govern.

(c)

Private agreements. This chapter is not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement or legal relationship; provided, however, that where the regulations 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 of this chapter shall govern.

(d)

Unlawful uses. No structure or use which was not lawfully existing at the time of the adoption of the ordinance from which this chapter is derived shall become or be made lawful solely by reason of the adoption of the ordinance from which this chapter is derived; and to the extent that, and in any respect that, the unlawful structure or use is in conflict with the requirements of this chapter, the 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 structure or facility or to carry on any trade, industry, occupation or activity.

(Code 1973, ch. 29, § 15-102)

It is declared to be the intention of the village that the several provisions of this chapter are separable, in accordance with the following rules:

(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 or structure, such judgment shall not affect the application of the provision to any other property or structure.

(Code 1973, ch. 29, § 15-103)

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

(1)

A building permit and a zoning certificate for such structure was lawfully issued prior to the effective date of the ordinance from which this chapter is derived, or the effective date of any amendment thereof;

(2)

Such permit and certificate had not by their own terms expired prior to such effective date;

(3)

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

(4)

There has been a substantial change of position, substantial expenditures, or incurrence of substantial obligations by the permit and certificate holder in reliance on such permit and certificate;

(5)

Such change of position, expenditures 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 or certificate; and

(6)

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

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

(Code 1973, ch. 29, § 15-104)

(a)

Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcements of this chapter shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than $25.00 nor more than $500.00 for each offense. Each day a violation is permitted to exist shall constitute a separate offense.

(b)

The owner or occupant of any building, structure, or any part thereof, or any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense and suffer the penalties herein provided.

(c)

Nothing herein contained shall be construed to prevent the village from taking such other lawful action as is necessary or appropriate to prevent or remedy any violation.

(Code 1973, ch. 29, § 13-103)

The provisions of this chapter shall apply to structures and land in the village.

(Code 1973, ch. 29, § 3-101)

All structures built in the village shall comply with the regulations of this chapter. Any structure hereafter moved from one site to another site shall be considered to be a structure built hereafter. Any structure rebuilt or restored after damage or destruction by fire or other casualty shall be considered to be a structure built hereafter, unless article X of this chapter permits such structure to be rebuilt or restored.

(Code 1973, ch. 29, § 3-102)

If the use of any existing structure is hereafter changed to another use, then the new use shall comply with the use regulations of this chapter; provided, however, the mere establishment of a new use does not by itself require the existing structure to conform to the lot size or other bulk regulations of this chapter.

(Code 1973, ch. 29, § 3-103)

If any structure is hereafter remodeled:

(1)

The entire structure as remodeled shall comply with the use regulations of this chapter;

(2)

Any alterations or enlargements of, or additions to the structure shall comply with the bulk regulations of this chapter; and

(3)

The off-street parking facilities provided for the structure shall not be reduced below (or if already less than, shall not be further reduced below) the requirements that would be applicable to a similar new structure or use.

(Code 1973, ch. 29, § 3-104)

If any use of open land is hereafter established, or if any use of open land is hereafter changed to another use, such use shall comply with all the regulations of this chapter.

(Code 1973, ch. 29, § 3-105)

The following public utility and municipal uses are permitted in all districts: poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any other similar equipment (not including substations located on or above the surface of the ground) for the distribution to consumers of telephone or other communications, electricity, gas or water, or for the collection of sewage or surface water.

(Code 1973, ch. 29, § 3-106)