(a)

The ordinance from which this chapter is derived is adopted for the following purposes:

(1)

To promote and to protect the public health, safety, morals, comfort, convenience and the general welfare of the people.

(2)

To divide the village into zones and districts, restricting and regulating therein, location, construction, reconstruction, alteration and uses of buildings, structures, and land use of residence, business, commercial, manufacturing and other special uses.

(3)

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

(4)

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

(5)

To regulate the intensity of use of zoning lots, and to determine the area of open spaces surrounding buildings and structures necessary to provide adequate light and air and protect the public health.

(6)

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

(7)

To fix reasonable standards to which buildings or structures shall conform.

(8)

To prohibit uses, buildings or structures which are incompatible with the character of development or the permitted uses within specified zoning districts.

(9)

To prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.

(10)

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

(11)

To provide protection against fire, explosion, noxious fumes, and other hazards in the interest of the public health, safety and the general welfare.

(12)

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 the construction of buildings in relation to the land surrounding them.

(13)

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

(14)

To provide for the gradual elimination of those uses of land, buildings and structures which do not conform with the standards of the district in which they are respectively located and are adversely affecting the development and taxable value of property in each district.

(15)

To preserve a high-quality natural environment, including surface and subsurface water resources, their recharge areas, scenic vistas, woodlands, and wildlife habitat thereby precluding adverse effects upon the development and taxable value of property in each district, as well as the public health.

(16)

To define and limit the powers and duties of the administration officers and bodies provided herein.

(17)

Nothing herein 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 of facility or to carry on any trade, industry, occupation or activity.

(b)

The provisions in this chapter are cumulative and pose additional limitations upon all other laws and ordinances, heretofore passed or which may be passed hereafter, governing any subject matter in the village zoning ordinance.

(Code 1964, § 30-2; Ord. No. 96-14, 3-25-1996)

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 or structure, attached, means a building or structure intended for an accessory use which is physically connected to or within the principal building or structure.

Accessory building or structure, detached, means a building or structure intended for an accessory use which is separated from the principal building or structure.

Accessory use means a use incidental and subordinate to the principal use of the land on the same zoning lot with the principal building, structure or use being served.

Adaptive reuse means the process of reusing an existing building for purposes other than it was originally intended. This can include the rehabilitation, retrofitting, extension, and expansion of the existing building but does not include the building's complete demolition.

Adult arcade means any place to which the public is permitted or invited wherein coin operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, videos, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

Adult bookstore or adult video store means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations that are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas; or

(2)

Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

A principal business purpose exists if materials offered for sale or rental depicting or describing specified sexual activities or specified anatomical areas generate 20 percent or more of the business's income, or account for 20 percent or more of inventory, or occupy 20 percent or more of total floor space. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe specified sexual activities or specified anatomical areas.

Adult cabaret means a nightclub, bar, restaurant, cafe, or similar commercial establishment that regularly, commonly, habitually, or consistently features:

(1)

Persons who appear in a state of nudity or semi-nudity;

(2)

Live performances that are distinguished or characterized by the exposure of specified sexual activities or specified anatomical areas;

(3)

Films, motion pictures, videocassettes, slides, photographic reproductions, or other image-producing devices that are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

(4)

Persons who engage in exotic or erotic dancing or performances that are intended for the sexual interests or titration of an audience or customers.

Adult motel means a hotel, motel or similar commercial establishment that:

(1)

Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions that are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas, and advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television;

(2)

Offers a sleeping room for rent for a period of time that is less than 24 hours; or

(3)

Allows a tenant or occupant of a sleeping room to subrent the sleeping room for a period of time that is less than 24 hours.

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly, commonly, habitually, or consistently shown that are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment that regularly, commonly, habitually, or consistently features persons who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are distinguished or characterized by the exposure of specified sexual activities or specified anatomical areas.

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

Alteration means any change in the size, shape, character, occupancy or use of a structure.

Automated teller machine means an electronically powered machine installed in the wall of a building, activated by means of a coded card or other similar device which permits limited banking business transactions to be conducted.

Automobile, as used in the context of this chapter, means any passenger automobile or truck not exceeding one and one-half tons in capacity.

Awning. (As defined in chapter 42, the village sign ordinance.)

Basement means a portion of a structure located partially underground but having not less than half its clear floor-to-ceiling height over more than half of its floor area below grade.

Battery electric vehicle (BEV) means a vehicle that only uses energy stored in rechargeable battery packs onboard the vehicle to propel the vehicle. BEVs must be plugged into an external electricity source to recharge.

Bed and breakfast means an establishment other than a hotel or motel that is designed or used for the living and sleeping accommodations of transient guests which provides toilet and bath facilities which may be shared; a common dining facility may be provided, however guests do not have personal access to kitchen facilities; and, a common entrance is provided.

Block means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, the shore line of a creek or river, or corporate boundary lines of the village.

Building means any 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 area means the maximum horizontal projected area of a building and its accessory buildings, excluding open steps, terraces, and cornices projecting not more than three inches.

Building coverage means the horizontal area measured within the outside of the exterior walls of the ground floor of all principle and accessory structures on the lot, expressed as a percentage of the total lot area.

Building height means the vertical distance measured from the sidewalk level or grade or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and the ridge of a gable, hip or gambrel roof, excluding elevator or mechanical rooms comprising no more than ten percent of the roof area, in any case where the building setback exceeds the requirements of this chapter, the building height shall be measured from the finished grade at the front of the building.

Building permit means a document issued by the village manager or his designee certifying that the plans reviewed conform to the requirements of the building code.

Building, principal, means a non-accessory building in which a principal use of the lot, on which it is located, is conducted.

Building setback line means a line parallel to the front lot line set at a distance regulated by the front yard requirements established by this chapter. The front setback shall be measured from the front property line to the building foundation. Where established buildings on platted lots in a block, or 400 feet on either side have an average front yard setback greater than that required in the zoning district, the front yard setback requirement shall be the mean average setback of the existing buildings; however, in no case other than when the district regulations call for a greater setback shall the setback exceed 40 feet. Where a lot on which a building line setback is required adjoins a district with a smaller setback requirement, the front yard setback for a distance of not more than 50 feet from the district line need not exceed 50 percent of the setback required in the district in which the lot is located. Enclosed porches are not permitted beyond the building setback line. Open porches, stoops and other similar structures may project not more than 60 inches beyond the building setback line.

Business means retail, wholesale and service establishments which cater to the community needs for goods and services.

(1)

The term "retail business" means the sale of merchandise directly to the consumer for personal or household use.

(2)

The term "wholesale business" means the sale of merchandise to retailers or to institutional, industrial, commercial and professional users.

(3)

The term "personal service" means any enterprise conducted for gain which primarily offers services to the general public, including, but not limited to, shoe repair, watch repair, barber or beauty shop.

(4)

The term "business service" means any activity conducted for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes and businesses.

Cafeteria means a business establishment in which food and drink are served for consumption inside the building only. Patrons select from a visible array of prepared items with selections which may vary from day to day. A cafeteria is permitted as a matter of right to be located in a commercial, office or industrial facility when designed and restricted to serve as their primary clientele the employees of the commercial, office or industrial facility in which it is located.

Cannabis means marijuana, hashish and other substances which are identified as including any parts of the plant Cannabis sativa and including any and all derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means concentrate and cannabis-infused products.

Cannabis business establishment means a cannabis craft grower, cannabis cultivation center, cannabis dispensing organization, cannabis dispensary, cannabis infuser organization, cannabis processing organization or cannabis transporting organization.

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.

Cannabis cultivation center means a facility operated by an organization or business that is 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.

Cannabis dispensary means a facility operated by an cannabis dispensing organization or by a medical cannabis dispensing organization at which activities licensed by the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.) or by the Cannabis Regulation and Tax Act (Public Act 101-0027) may occur.

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.

Cannabis-infused product means a beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis that is not intended to be smoked.

Cannabis infuser organization or 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.

Cannabis processing organization or cannabis processor means a facility operated by an organization or business that is licensed by the 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.

Cannabis transporting organization or cannabis transporter means an organization or business that is licensed by the 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.

Carry-out food service means an establishment which by design of physical facilities, including, but not limited to, internal layout, parking accommodations, etc., or by service or packaging procedures, permits or encourages the purchase of prepared, ready-to-eat foods intended to be consumed off-premises, and where the consumption of food in motor vehicles on the premises is neither encouraged nor permitted.

Carwash means a building or a portion thereof providing drive-in access to the public and containing facilities for the washing of motorized vehicles.

Catering means the supplying of prepared food, to be sold, served and consumed on-premises other than those belonging to the caterer.

Cellar means a portion of a structure located partially or wholly underground and having half or more than half of its clear floor-to-ceiling height over half or more than half of its floor area below ground.

Certificate of building and zoning compliance means a document issued by the zoning enforcement administrator certifying that a building, structure and/or its use, or the use of premises, conform to the provisions of this chapter, or, in the case of nonconforming use, that such use is lawful under the terms of this chapter. No building, structure, or parcel of land may be placed into use after the effective date of the ordinance from which this chapter is derived without its owner having received a certificate of building and zoning compliance. Any building, structure or parcel of land offered for gift, trade or sale where a transfer of title is intended must be re-inspected to determine its conformity with the provisions of this chapter.

Clinic means an establishment where human patients receive medical or dental examination or treatment, but are not lodged overnight.

Club or lodge, private, means a nonprofit association of persons who are bona fide members paying monthly or annual dues, which owns, hires or leases a building, or portion thereof, the use of such premises being restricted to members and their guests. The affairs and management of such private club or lodge are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. It shall be permissible to serve food and meals on such premises providing adequate dining room space and kitchen facilities are available.

Commission means the planning and zoning commission of the village.

Community residence, large, means a group home or specialized residential care home serving persons with disabilities which is licensed, certified or accredited by appropriate local, state or national bodies. A community residence is deemed large when the number of unrelated disabled persons living in the residence exceeds the permitted number of unrelated nondisabled persons allowed to live in a residence as determined by the village's definition of family. Full-time staff, meaning staff which occupy the residence overnight, shall not be included when calculating the number or unrelated persons living in a residence, but shall be included when determining the number of persons that can live in a structure spatially as per the building code. The term "community residence" does not include a residence which serves persons whose primary reason for placement is substance abuse, or persons whose primary reason for placement is treatment of a communicable disease.

Community residence, small, 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 number of unrelated disabled persons allowed to live in a residence shall be the same number of unrelated nondisabled persons allowed to live in a residence, which is determined by the village's definition of "family." Full-time staff, meaning staff which occupy the residence overnight, shall not be included when calculating the number of unrelated persons living in a residence, but shall be included when determining the number of persons that can live in structure spatially as per the building code. The term "community residence" does not include a residence which serves persons whose primary reason for placement is substance abuse, or persons whose primary reason for placement is treatment of a communicable disease.

Daycare center means an institution or place in which are received three or more children, not of a common parentage, apart from their parents or guardian, for part or all of a day, but not later than 9:00 p.m. The term "day care center" includes, but is not limited to, the following: nursery school, child care center, day nursery, kindergarten and play group, but does not include bona fide kindergartens, child care centers, play groups or nursery schools operated by a public or private elementary or secondary school system or the village.

Direct current fast charging (DCFC) means EV battery charging that uses PC power to refuel battery electric vehicles (BEVs) at various amperage levels and voltage levels, most commonly 480 VAC, with power outputs ranging between 25 and 350 kW of power and provides 50 to 800 range miles per hour connected. DCFCs convert alternating current (AC) from facility power and output direct current (DC) and volts direct current (VDC), which then delivers PC power to the BEV through a standard connector. DCFCs are sometimes referred to as level 3 EV chargers.

Disability means any person whose disability:

(1)

Is attributable to mental, intellectual or physical impairments or a combination of mental, intellectual or physical impairments.

(2)

Is likely to continue for a significant amount of time or indefinitely.

(3)

Results in functional limitations in three or more of the following areas of major life activities:

a.

Self-care.

b.

Receptive or expressive language.

c.

Learning.

d.

Mobility.

e.

Self-direction.

f.

Capacity for self-living.

g.

Economic self-sufficiency.

(4)

Reflects the person's need for a combination and sequence of special interdisciplinary generic care, treatment or other services which are of a lifelong or extended duration.

Discontinuance means the discontinuance or abandonment is the cessation or termination of a use or activity for a period of time as specified in article IV of this chapter, regardless of any intent to resume or not to abandon such use; such use shall not thereafter be reestablished or resumed. The continuance of public utilities: Water, refuse service, gas, electricity or telephone, shall not automatically be considered a continuance of the use or activity. Any subsequent use or occupancy of such land or structure shall comply with the use regulations of the zoning district in which such land or structure is located. Any period of such discontinuance caused by government action other than involved in enforcing criminal codes, strikes, material shortages, or acts of nature, and without any contributing fault by the nonconforming user shall not be considered in calculating the length of discontinuance for purposes of this definition.

District means a division of the geographic area of the village, as shown on the zoning map, identifying boundaries within which regulations include, but are not limited to, use, height, bulk, yard limits, lot size governing land, buildings and premises in a uniform manner. District map means the official district map of the village, as adopted by the village board with all amendments subsequently adopted by the village board, on file in the office of the village clerk and being the official zoning map for the village.

Drip line means the farthest most point of a structure's roof other than a gutter.

Drive-in.

(1)

The term "drive-in" means a building or structure from which sales or deliveries of personal property or goods are made, services rendered, directly either:

a.

To persons outside the building through window or window-type openings in said building;

b.

To persons who are the occupants or drivers or motor vehicles; or

c.

To persons who may partially or fully receive, enjoy or use the services or personal property purchased while remaining on the premises as the driver or occupant of a motor vehicle.

(2)

The term "drive-in" includes any carwash in which cars are either driven, pushed or pulled through a washing apparatus, but shall not include a parking lot, nor a private, public, or storage garage, nor a gasoline station.

Dwelling means a building designed or occupied for other than transient residential use including one or more dwelling units as defined herein, but not including a house trailer, mobile home, hotel, motel, bed and breakfast or similar transient accommodations.

Dwelling, multiple-family, means a dwelling is a building containing three or more dwelling units, also referred to as a multifamily dwelling.

Dwelling, one-family, means a building containing one dwelling unit only, and detached or separated from other dwelling units by open space, also referred to as a single-family dwelling.

Dwelling, townhouse, means a structure composed of at least two, but not more than eight, dwelling units attached by party wails, each of which has separate entrances which provide direct access to outside yards or approaches.

Dwelling, two-family, means a building containing two dwelling units only, and detached or separated from other dwelling units by open space.

Dwelling unit means one or more rooms which are arranged, designed, or used as living quarters for one family only; and containing a complete single kitchen and permanently installed toilet and bath facilities.

Easement means the legally documented and recorded authorization by a property owner for use by another, and for a specific purpose of a designated area of his property.

Electric vehicle (EV) means vehicles that store electric energy to be used for propulsion. Commonly considered synonymous with PEV.

Electric vehicle charging infrastructure (EVCI) means "make ready" electrical equipment including panels with circuit breakers, switchboards, transformers, conduit, wiring, junction boxes, conduit hangers and other interconnections necessary to deliver electrical power from a facility to an EVSE.

Electric vehicle charging station (EVCS) means equipment designed to safely supply and manage power into plugin EVs. EV charging stations include hard-wired EV charging stations and EV charging stations that plug into standard wall outlets and may also integrate communication, metering, GPS and other features that assist EV drivers and the host facility.

Electric vehicle power transfer system (EVPTS) means electric power supply and management technology that 1) provides and manages power transferred from a power source to EVSEs, including power transformers, switchboards, panels, circuit breakers and interconnecting conduit and wiring (EVCI), plus 2) the EVSE(s).

Electric vehicle supply equipment (EVSE) means the conductors and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

EV-capable means parking spaces that have the electrical panel capacity and conduit installed during construction to support future implementation of electric vehicle charging with 208-volt or 240-volt or greater, 40-ampere or greater circuits. Each EV-capable space shall feature a continuous raceway or cable assembly installed between an enclosure or outlet located within three feet of the EV-capable space and a suitable panelboard or other onsite electrical distribution equipment. The electrical distribution equipment to which the raceway or cable assembly connects shall have sufficient dedicated space and spare electrical capacity for a two-pole circuit breaker or set of fuses. Reserved capacity shall be no less than 40A 208/240V for each EV-capable space unless EV-capable spaces will be controlled by an energy management system providing load management in accordance with NFPA 70, shall have a minimum capacity of 4.1 kilovolt-ampere per space, or have a minimum capacity of 2.7 kilovolt-ampere per space when all of the parking spaces are designed to be EV-capable spaces, EV-ready spaces, or EVSE-installed spaces. The electrical enclosure or outlet and the electrical distribution equipment directory shall be marked "For future electric vehicle supply equipment (EVSE)." This strategy ensures the reduction of up-front costs for electric vehicle charging station installation by providing the electrical elements that are difficult to install during a retrofit. Anticipating the use of dual-head EVSE, the same circuit may be used to support charging in adjacent EV-capable spaces. For purposes of this Act, "EV-capable" shall not be construed to require a developer or builder to install or run wire or cable from the electrical panel through the conduit or raceway to the terminus of the conduit.

EV-ready means parking spaces that are provided with a branch circuit and either an outlet, junction box, or receptacle that will support an installed EVSE. Each branch circuit serving EV-ready spaces shall terminate at an outlet or enclosure, located within three feet of each EV-ready space it serves. The panelboard or other electrical distribution equipment directory shall designate the branch circuit as "For electric vehicle supply equipment (EVSE)" and the outlet or enclosure shall be marked "For electric vehicle supply equipment (EVSE)." The capacity of each branch circuit serving multiple EV-ready spaces designed to be controlled by an energy management system providing load management in accordance with NFPA 70, shall have a minimum capacity of 4.1 kilovolt-ampere per space, or have a minimum capacity of 2.7 kilovolt-ampere per space when all of the parking spaces are designed to be EV-capable spaces, EV-ready spaces, or EVSE spaces.

EVSE-installed means electric vehicle supply equipment that is fully installed from the electrical panel to the parking space.

Family means one person living alone; two or more persons related by blood, marriage, adoption or guardianship living together as a single housekeeping unit and occupying one single dwelling unit; or not more than three persons who need not be related by blood, marriage, adoption or guardianship, living together as one single housekeeping unit by joint agreement, occupying on a nonprofit cost sharing basis, one single-dwelling unit and using common entrances and exits and providing for legal off-street parking of all vehicles in their possession.

Fence means a structure as defined in and regulated by "an ordinance regulating fences and hedges" for the village as heretofore duly passed and approved by the village board, as may be amended from time to time.

Floodplain. The use of the terms "floodplain," "flood hazards" and "floodplain regulations" refer to the definitions and regulations as contained in "an ordinance establishing floodplain regulations for the Village of Brookfield," heretofore duly passed and approved by the village board, as may be amended from time to time.

Floor area, for determining off-street parking spaces and loading berths for any use, means the sum of the gross horizontal areas of the several floors of the building or portion thereof, devoted to such use, including accessory storage areas located within selling or working spaces such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to businesses or professional offices. However, the term "floor area," for the purposes of measurement for off-street parking spaces, does not include: floor area devoted primarily to storage purposes, except as otherwise noted herein; floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space; or basement floor area other than area devoted to retailing, to the production or processing of goods, or to business or professional offices.

Frontage means all the property fronting on one side of a street, measured along such street between an intersection or an intersecting street and:

(1)

Another intersection or intersecting street;

(2)

A right-of-way in excess of 30 feet;

(3)

The end of a dead-end street;

(4)

A watercourse; or

(5)

The corporate limits of the village.

Garage means a structure, or part thereof, designed or used for the parking and storage of a motor vehicle.

Garage, private commercial, means a building other than a private truck or bus garage used for the parking or storing of motor vehicles of customers and employees not exceeding a gross weight of 8,000 pounds within the structure for periods of less than 24 consecutive hours and for which no remuneration is received. No care, incidental servicing or the sale of automotive supplies from such vehicles is permitted. Such structures shall be permitted as an accessory use in any commercial or industrial zoning district where servicing a principal use on the same zoning lot.

Garage, private residential, means a detached structure or a portion of the principal building designed, arranged used or intended to be used for the storage of motor vehicles not exceeding 4,000 pounds in gross weight.

Garage, public, means a building other than a private truck or bus garage used for the parking or storing of motor vehicles not exceeding a gross weight of 8,000 pounds for remuneration, hire or sale within the structure. Care, incidental servicing and sale of automotive supplies for such vehicles parked or stored is permitted.

Garage, truck and/or bus, means a building which is designed or used, or intended to be used, for the storage of motor trucks, truck trailers, tractors, buses and commercial vehicles.

Gasoline service station means a facility, including the buildings and equipment used for the retail sale of products, other than liquefied petroleum gases, for the propulsion of motor vehicles, and in addition thereto, may include the following:

(1)

The sale of kerosene, package naphtha, stoddard solvent, lubricants, tires, batteries, antifreeze, and items of motor vehicle accessories customarily associated with such retail business;

(2)

Lubricating of motor vehicles;

(3)

Rendering of services, including making of adjustments and repairs to motor vehicles; and

(4)

Washing, polishing, and application of wax and similar protective finishes, also referred to as a gas station.

No washing, polishing or waxing of vehicles nor any repair to vehicles which render them inoperative may be conducted other than within an enclosed structure. Tires, windshield wiper items, oils and automotive fluids offered for sale on the premises may be displayed outdoors only during the hours of operation of the gasoline service station.

Green space means areas undisturbed by buildings, structures, or improved surfaces, and maintained as grass or other vegetative landscaping.

Greenhouse/garden store means a business involving the retail sale of nursery stock, fertilizer, plants, insecticides, herbicides, bulbs and seeds in which the primary activity is conducted within a wholly enclosed structure. Temporary outdoor storage of seasonal plants and materials is permitted as incidental to interior activities of the business. Where primary sale and storage other than for seasonal plant sales is not conducted within a wholly enclosed structure, such facility shall be considered a material sale and storage yard.

Home occupation means a service occupation conducted wholly within a dwelling unit by the residents of that dwelling with no nonresident employees, and not occupying more than 25 percent of the floor area, nor exceeding 400 square feet in area, whichever is less, and not changing the outside appearance of the building from that of a residential dwelling. The use of a garage facility is not permitted where such use reduces or eliminates the required number of off-street parking spaces as specified within this chapter. There shall be no traffic or parking need generated in greater volume than would be expected in a normal residential neighborhood and no noise, vibration, fumes, odors, electrical interference, glare heat, or safety hazard to the occupants of nearby properties or which produces other offensive effects detectable off the lot (for one-family residences) or outside the dwelling unit (for all other dwelling units).

Hotel means an establishment that is designed or used for the living and sleeping accommodations of transient guests which provides individual toilet and bath facilities and which may or may not provide kitchen facilities and which has a common entrance.

Hybrid electric vehicle (HEV) means a vehicle that uses a dual system of electric propulsion and an internal combustion engine, but the primary source of energy is derived from fuel that powers an engine (gasoline, diesel, and other fuels), and the electric portion comes from recovering energy which charges an on-board battery when the vehicle is decelerating. This stored battery power is used to increase the fuel efficiency of the vehicle, such as assisting in acceleration. HEVs do not plug in.

Improved surface means any improvement or treatment, other than principal and accessory buildings and structures, which prevents, impedes, or slows infiltration or absorption of stormwater directly into the ground at the rate of absorption of vegetation-bearing soils. Improved surfaces include, but are not limited to, concrete, gravel, pavers, wood, stone, or any materials similar in nature.

Kennel means any lot or premises on which four or more domesticated canines and/or felines of more than four months of age or older are housed, groomed, bred, boarded, trained or sold.

Level 1 EV charging means EV battery charging that uses 110 to 120 VAC supply power, with a power range from 880 Watts (0.88 kilowatts, kW) to 1,920 kW (1.92 kW) and provides three to six range miles per hour connected. Level 1 EV chargers are supplied with alternating current (AC) and in turn provide AC power to the EV through a standard connector.

Level 2 EV charging means EV battery charging that uses 208 to 240 VAC supply power, with a range from 3.3 kW to 19.2 kW, and provides 16 to 80 range miles per hour connected. Level 2 EV chargers are supplied with alternating current (AC) and in turn provide AC power to the EV through a standard connector.

Live theatrical performance means a play, skit, opera, ballet, concert, comedy, or musical drama.

Loading space means an unobstructed hard-surfaced area, no part of which is located in a street or public right-of-way and which is used for the standing, loading, or unloading of merchandise or material from commercial vehicles. Required off-street loading space is not to be included as an off-street parking in the computation of required off-street parking spaces.

Lot means a "zoning lot," except where the context shall specifically indicate a "lot of record." The term "lot" is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street.

Lot area means the total horizontal area within the lot lines of a lot.

Lot, corner, means a lot abutting two or more streets at their intersection or junction or a lot bounded on two sides by a curving street where it is possible to draw two intersecting tangents, one each commencing at each of the two points of intersection of the lot lines and street line, which intersect with each other to form an angle of less than 135 degrees.

Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot measured within its boundaries.

Lot, interior, means a lot other than a through lot, corner lot or reverse corner lot.

Lot line means the line of demarcation between properties either public or private.

Lot line, corner side, means any street line of a corner lot other than its front lot line.

Lot line, front, means, in the case of an interior lot abutting upon only one street, the line separating such lot from such street; in the case of a through lot, the two shortest lot lines separating such lot from such streets shall be considered a front lot line; in the case of a corner lot, the shorter lot line separating such lot from a street shall be considered to be the front lot line.

Lot line, rear, means that lot line which is most distant from and is or is nearly parallel to the front lot line. Lines other than front lot lines or rear lot lines are considered side lot lines.

Lot line, side, means any lot line other than a rear lot line, front lot line or corner lot line.

Lot of record means a lot that is part of a subdivision, the properly approved plat pursuant to state statute and village subdivision regulations (after village incorporation or by the proper county official prior to incorporation of or annexation into the village), and which has been legally recorded in the office of the recorder of deeds or the registrar of titles of the county.

Lot, reverse corner, means a corner lot, the rear of which abuts upon the side of another lot whether immediately thereto or across an alley or easement.

Lot, through, means a lot having frontage on two nonintersecting streets. On a through lot both street lines shall be deemed front lot lines.

Lot, zoning, means a tract of land consisting of one of more lots of record under a single fee title ownership and/or control located entirely within one block and occupied by or designated by its owner or developer with the owner's consent, at the time of filing for any zoning approval or building permit as a tract to be developed for one principal building and its accessory building or buildings, or as one principal use, ail together with such open spaces and yards as are designed and arranged, or required under this chapter, to be used with such building or use. Where it is represented to the proper village officials in writing at the time of filing for zoning approval or building permit that the building is to be resub divided for condominium purposes under the state condominium statutes and in conformity with the same, standards applicable to bulk space and yard requirements shall be applied with respect to the structure as a whole rather than with respect to individual dwelling units or future lots of record.

Massage means any method of pressure or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external parts of the human body with the hands or with the aid of any mechanical electrical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor.

Medical cannabis means cannabis and its constituent cannabinoids, such as tetrahydrocannabinol (THC) and cannabidiol (CBD), used as an herbal remedy or therapy to treat disease or alleviate symptoms which can be administered by a variety of routes, including, but not limited to, vaporizing or smoking dried buds; administering tinctures or tonics; applying topicals such as ointments or balms; consuming infused food products, soda or teas; or taking capsules;

Medical cannabis cultivation center means a facility operated by an organization or business that is registered by the Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.

Medical cannabis dispensing facility means a facility where medical cannabis, paraphernalia, or related supplies and educational materials are dispensed to registered qualifying patients operated by a medical cannabis dispensing organization.

Medical cannabis dispensing organization means an organization or business that is registered by the Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a registered medical cannabis cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.

Motel means an establishment that provides services similar to a hotel but that is designed for use primarily by transient automobile tourists.

Municipal services means any activity or operation of the village utilizing any office, building, garage, storage area or structure; park or recreational facility; structure or appurtenance utilized to provide water transmission, storage, sewage collection, detention, retention or treatment; refuse, compost or recyclable material storage, transfer or disposal; or similar purposes allowed to any municipality under the authority of the state constitution or the state revised statutes or any activity or undertaking granted to the village by any duly authorized agency of the federal government or the state.

Nonconforming building or structure means a building or structure which:

(1)

Does not comply with all of the regulations of this chapter or of any amendment hereto governing parking, loading, or bulk and space requirements for the zoning district in which such building or structure is located;

(2)

Is located on a legal nonconforming lot of record, whereupon yard, setback or coverage requirements do not meet the requirements of this comprehensive zoning amendment; or

(3)

Is a combination of subsections (1) and (2) of this definition.

A legally established nonconforming building or structure not posing a hazard or threat to life, safety or the general welfare of the village and its residents and guests and which exists on the date of the passage of the ordinance from which this chapter is derived may be continued in lawful use and in like manner under the provisions of this chapter; however, it may not be automatically expanded beyond the physical exterior of the presently existing building or structure.

Nonconforming lot of record means a lot of record that does not comply with the lot requirements for any permitted use in the district in which it is located.

Nonconforming lot of record, legal, means a nonconforming lot or record that:

(1)

Was created by a plat or deed recorded at a time when, and came into ownership separate from adjoining tracts of land at a time when the creation of a lot of such size, shape, depth and width at such location would not have been prohibited by any ordinance or other regulations; and

(2)

Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by any applicable ordinance or other regulations.

Nonconforming use means any use lawfully being made of any land, building or structure, other than a fence, hedge or sign (as governed by regulations contained in ordinances and amendments regulating those items), existing on the effective date of this comprehensive revision or any amendment thereto which does not conform to this chapter or any such amendment thereto, governing use for the zoning district in which such land, building or structure is located.

Nude model studio means any place where a person who appears in a state of nudity or semi-nudity, or displays specified anatomical areas, is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration.

Nudity or state of nudity means the appearance of a human's bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Nursing home means an establishment that provides full-time nursing and health- related personal care, but not hospital services, which has in-patient beds for three or more individuals who are not related by blood or marriage to the operator and who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such an establishment; a hospital shall not be construed to be included in this definition.

Office means a place for the transaction of business where reports are prepared, records kept and professional, administrative or business-related services are rendered. No retail or wholesale sales are offered and no manufacturing, production, assembly or other distribution takes place, except those activities that are customarily incidental to the service rendered and no warehousing exceeds more than 40 percent of the gross floor area devoted to such office use.

Open space means an area, publicly or privately owned; or in the form of a permanent easement, which may include required yard areas, other than those areas elsewhere regulated or elsewhere prohibited in this chapter or other ordinances and regulations of the village, that is:

(1)

Open and unobstructed from ground to sky, except by facilities specifically designed, arranged, and intended for use in conjunction with passive or active outdoor recreation or relaxation;

(2)

Located at least five feet from any structure, except by facilities specifically designed, arranged, and intended for use in conjunction with outdoor recreation or relaxation;

(3)

Landscaped, maintained or otherwise treated to create a setting appropriate to recreation or relaxation;

(4)

Accessible and usable by the residents of all dwellings, or the users of all nonresidential buildings it is intended or required to serve; and

(5)

Not covered by water, used for stormwater retention or detention or to commercial agricultural production.

Outside storage means the temporary or permanent warehousing, displaying or selling of supplies, inventory, equipment, motor vehicles not registered specifically to the site, or other items not within the confines of a building. However, excluded from the term "outside storage" are off-street parking spaces required by this chapter for employees and patrons as well as loading areas required by this chapter.

Owner includes the holder of legal title as well as holders of any equitable interest, such as trust beneficiaries, contract purchasers, option holders, lessees under written leases having an expired term of at least ten years, and the like. Whenever a statement of ownership is required by this chapter, full disclosure of all legal and equitable interests in the property is required.

Parking area means an area of land located other than in a public right-of-way or as may be contained within a garage, designed and used for the parking of motor vehicles, which for residentially zoned property and/or residential uses shall be limited to personal passenger automobiles and trucks not exceeding one and one-half ton in capacity, and provided for the occupants of the building for which the parking area is developed and accessory.

Parking lot means a parcel of land containing one or more unenclosed parking spaces, the use of which is principal to the lot as differentiated from an accessory use.

Parking space means an area not located in a public right-of-way used for the parking of a vehicle.

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Personal service means any enterprise conducted for gain which primarily offers services rather than goods to the general public.

Planned development means an area of land developed under the terms and requirements of this chapter, in which a variety of housing types or commercial facilities or industrial facilities, or an approved combination thereof, are accommodated in a preplanned environment and as may be duly authorized by the village board under the procedures contained elsewhere in this chapter.

Planning and zoning commission means the planning and zoning commission of the village.

Plugin electric vehicles (PEV) means vehicles that have a conductive plug (or inductive wireless) connection for recharging the battery.

Plug-in hybrid electric vehicle (PHEV) means vehicles with an electric motor and an internal combustion engine (gasoline, diesel, or other fuel). PHEVs can be powered with either the electric motor or the gasoline engine.

Premises means a lot, plot or parcel of land, together with the buildings and structures thereon.

Principal use means the use of a zoning lot, whether a permitted or special use, designated by the owner of such lot as the primary or main use of such lot and to which any other use on such lot must be accessory.

Public utility means any person, firm, or corporation under public regulation furnishing franchised services such as cable television, communications, gas, electricity, telegraph, transportation, sewage or water service.

Railroad right-of-way means a strip of land with tracks and auxiliary facilities for track operation, but not including, freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.

Recreational facilities, commercial, means recreational facilities open to the public and operated for gain.

Recreational facilities, noncommercial, means private and semipublic recreational facilities which are not operated for gain.

Recreational vehicle means every vessel or boat originally designed for living quarters, recreation, or human habitation and not used as a commercial vehicle, including, but not limited to, the following:

(1)

Boat means any vessel used for water travel. A boat mounted on a trailer shall be considered one vessel.

(2)

Camper trailer means a folding or collapsible vehicle without its own motor power, designed as temporary living quarters for travel, camping recreation or vacation use.

(3)

Motorized home means a temporary dwelling designed and constructed for travel, camping, recreational or vacation uses as an integral part of a self-propelled vehicles.

(4)

Off-the-road-vehicle means a vehicle intended principally for recreational use off of roads where state vehicle licenses are not required, such as a dune buggy, go-cart, or snowmobile.

(5)

Racing car or cycle means a vehicle intended to be used in racing competition, such as a race car, stock car or racing cycle.

(6)

Travel trailer means a vehicle without its own motor power, designed to be used as a temporary dwelling for travel, recreational, or vacation uses.

(7)

Truck camper means a structure designed primarily to be mounted on a pickup or truck chassis and designed to be used as a temporary dwelling for travel, camping recreational, or vacation uses. When mounted on a truck, such structure and truck shall together be considered one vehicle.

(8)

Van is a general term applied to a noncommercial motor vehicle licensed by the state as a recreational vehicle.

(9)

Vehicle trailer means a vehicle without its own motor power that is designed to transport another vehicle, such as a boat, motorcycle, or snowmobile, for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. A vehicle trailer with another vehicle mounted on it shall be considered one vehicle.

Residential use means any use permitted in a residential district.

Retail means the disposal, by sale or exchange, of specific goods to, or the acquisition of specific goods by, a person for the use other than for purposes of resale.

Right-of-way means a strip of land designated for use for vehicular or pedestrian access or passage or for installation of railroad tracks, utility lines, or similar facilities.

Right-of-way, private, means a right-of-way that has not been dedicated to or accepted by a governmental agency.

Right-of-way, public, means a right-of-way that has been dedicated to and accepted by a government agency.

Semi-nude or semi-nudity means the appearance of the female breast below a horizontal line across the top of the areola at its highest point. The term "semi-nude" or "semi-nudity" includes the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part.

Setback line means a line representing the minimum horizontal distance between a specified lot line, measured at right angles to such lot line, and the drip line* for a building established by zoning, platting or other legal means to restrict encroachment of buildings and certain structures beyond said lines. Setback lines may be measured from the foundation provided the drip line is no more than 24 inches away from the building's foundation, and there are no primary structures within ten feet of the foundation.

Sexual encounter center means a business or commercial enterprise that, as one of its principal business purposes, offers, for any form of consideration:

(1)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2)

Activities between persons of the opposite sex and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.

A principal business purpose exists if the services offered are intended to generate business income.

Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

Short-term accommodation, unless otherwise specifically stated in this chapter, means a period of not more than 15 consecutive days.

Sign. Any reference to a sign, unless otherwise specifically indicated herein shall refer to the definition of signs and their regulations as established in chapter 42 by the sign ordinance of the village, as may be amended from time to time.

Special use permit means a specific use of buildings or land, or a combination thereof, as described and allowable upon the approval of the village board, subject to the provisions and requirements contained in this chapter.

Specified anatomical areas means:

(1)

The human male genitals in a discernibly turgid state, even if fully and opaquely covered.

(2)

Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.

Specified sexual activities means and includes any of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(3)

Masturbation, actual or simulated; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.

Story, building, except as otherwise specifically provided in this chapter, means that portion of a building included between the surface on any floor and the surface of the floor next above it, or if there is no floor above, then the space between the floor and the ceiling next above it. The floor of a story may be split levels, provided that there is not more than four feet difference in elevation between the different levels of the floor. Where a floor-to-ceiling height is greater than 15 feet, the number of stories shall be determined by dividing the floor-to-ceiling height by eight. Where the resultant number is less than a whole number, but greater than one-half, the calculation shall reflect a half-story. For that portion of a building under a gable, hip or mansard roof, the top wall plates of which are not more than four and one-half feet above the finished floor of such story, which also has a floor-to-ceiling height of less than seven feet, and which contains less than 50 percent of the gross floor area of the story below it shall be counted as a one-half story, otherwise it shall be considered a full story. A basement shall be counted as a full story when it has a floor-to-ceiling height of more than seven feet and or more than one-half of such basement height is above the established curb level or above the finished grade level where a curb level has not been established.

Street means the portion of a public or private right-of-way, other than a driveway, easement or alley that affords the principal means of vehicular access to abutting property. For the purpose of allowing construction or use of a zoning lot after the effective date of the ordinance from which this chapter is derived, a street must be constructed, paved, inspected, and approved by the village as meeting its specifications for streets.

Street line means a lot line separating a street right-of-way from other land.

Street, public, means a street that has been dedicated to and accepted by, or otherwise acquired by a government agency.

Structural alteration means any change, other than incidental repairs, that would prolong the life of the supporting members of a structure, including, but not limited to, bearing walls, columns, beams, girders, or foundations; or that would alter the dimensions or configurations of the roof or exterior walls of a structure or that would increase either the gross or net floor area of a structure.

Structure means anything constructed or erected, the use of which requires more or less permanent location on the ground, or anything attached to something having a permanent location on the ground, but not including paving or surfacing of the ground.

Tattoo establishment means a business having as its principal activity the application or placing, by any method, of designs, letters, scrolls, figures, symbols, or other marks upon or under the human skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instrument designs to touch or puncture the skin, not including permanent cosmetic services.

Transient means a person residing in a location of a period of time not to exceed 15 consecutive days.

Transitional service facility means an authorized and licensed dwelling operated by a public or private agency duly authorized and licensed by any state agency having authority to license and approve said facility that houses individuals being cared for by the agency and deemed by the agency to be capable of living and functioning in the community and that provides continuous professional guidance, other than a clinic, hospital, nursing home or school.

Temporary storage container means a storage container utilized for temporary safeguarding of household or other items, including a container used in connection with a home sale or home renovation. The definition of a temporary storage container expressly excludes permanent storage containers which are governed under sections 62-16, 62-17 and 62-18 of this chapter as accessory storage buildings or structures.

Use means the purpose or activity for which the land or structure is designed, arranged, or intended, or for which it is occupied or maintained.

Variance means a relaxation of the requirements of the zoning ordinance granted by the village board after properly completing the variation process, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, the enforcement of this chapter would result in unnecessary and undue hardship.

Vehicle means any device for carrying passengers, goods, or equipment, including, but not limited to, passenger automobiles, vans, trucks, buses, recreational vehicles, and vehicles used for commercial, business or governmental purposes.

Village manager, when used in this chapter, refers either to such official or to his duly authorized delegate.

Warehouse means an enclosed building for the storage of merchandise or commodities.

Wholesale trade means a business engaged in the sale of commodities in quality, usually for resale or business use, chiefly to retailers, other businesses, industries and institutions, rather than to the ultimate consumer.

Wholly enclosed means a structure which, through the use of walls, fencing, gates, doors or similar means, but excluding the stacking of usable or obsolete material, trailers, vehicles or landscape material, creates a screening from human senses from grade to sky of the items, materials, or goods therein contained. A required open space on a lot located between a lot line and a yard line that is, except as otherwise expressly authorized by this chapter, unoccupied and unobstructed from grade to sky.

Yard, corner side, means a yard extending from the front yard line to the rear yard line between the corner side lot line of a lot and the corner side yard line.

Yard, front, means a yard extending across the entire front of a lot between the front lot line of the lot and the front yard line.

Yard line, corner side, means a line drawn parallel to a corner side lot line at a distance therefrom equal to the depth of the required comer side yard.

Yard tine, front, means a line drawn parallel to a front lot line at a distance therefrom equal to the depth of the required front yard.

Yard line, rear, means a line drawn parallel to a rear lot line at a distance therefrom equal to the depth of the required rear yard.

Yard line, side, means a line drawn parallel to a rear lot line at a distance therefrom equal to the depth of the required side yard.

Yard, perimeter, means a yard within and abutting the boundary of a planned development.

Yard, rear, means a yard extending across the entire rear of a lot between the rear lot line and the rear yard line.

Yard, side, means a yard extending along the side of a lot line from the front yard to the rear yard between the side lot line and the side yard line.

Yards, required, means the minimum yard depth designated in the regulations of this chapter establishing minimum front, corner side, side and rear yard requirements for various uses, structures and districts. Unless otherwise designated in this chapter, yard measurements shall be taken from the property line to the eaves (drip line) of the building or to the most protruding point of the building facing the specific lot line being measured.

Zoning district means a part of the corporate area of the village wherein regulations of this chapter are uniform.

Zoning district map means the official map as adopted by the village board and as may be amended from time to time and made part of this chapter, representing the locations and boundaries of zoning districts. For the purpose of this chapter, the terms "zoning map" and "zoning district map" are synonymous.

Zoning enforcement administrator means the official appointed by the village manager to administer and enforce this chapter. For the purpose of this chapter, the terms "zoning enforcement administrator" and "code enforcement director" are synonymous.

Zoning permit means a document issued by the zoning administrator authorizing buildings, structures or uses consistent with the terms of this chapter.

(Code 1964, §§ 30-3.02, 30-3.03; Ord. No. 96-14, 3-25-1996; Ord. No. 2002-36, 7-22-2002; Ord. No. 2006-64, 9-11-2006; Ord. No. 2006-68, 8-28-2006; Ord. No. 2007-25, § 1, 3-26-2007; Ord. No. 2007-26, § 1, 3-26-2007; Ord. No. 2007-59, § 1, 6-25-2007; Ord. No. 2010-69, §§ 10, 11 (30-3.02), 10-25-2010; Ord. No. 2013-69, § 19, 12-16-2013; Memo of 3-13-2015; Ord. No. 2015-42, § 2, 6-22-2015; Ord. No. 2017-54, § 4, 9-11-2017; Ord. No. 2017-59, § 4, 10-23-2017; Ord. No. 2021-07, § 4, 1-11-2021; Ord. No. 2019-58, § 4, 12-9-2019; Ord. No. 2022-13, §§ 2, 3, 2-28-2022; Ord. No. 2022-57, § 5, 11-28-2022; Ord. No. 2025-35, § 4, 6-23-2025)

(a)

This chapter rejects as updated and inappropriate the concept of hierarchical and cumulative zoning districts and, except as noted herein, is based on the concept that each district should be designed to accomplish a specific purpose, to encourage a particular type of development and/or use, and to protect that development from being encroached upon by incompatible types of development or uses.

(b)

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 general welfare.

(c)

Where the conditions imposed by any provision of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or impose higher standards or requirements) shall govern.

(d)

This chapter is not intended to abrogate any easement, covenant, or any other private agreement provided that where such regulations of this chapter are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements of this chapter shall prevail.

(e)

No building, 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 manner that, said unlawful building, structure or use is in conflict with the requirements of this chapter, said building, structure, or use remains unlawful hereunder.

(Code 1964, § 30-5.01)

The several provisions of this chapter shall be severable in accordance with the following rules:

(1)

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

(2)

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter only to a particular parcel of land, a particular structure, or a particular use, than such judgment shall not affect the application of said provisions to any other land, structure or use.

(3)

Should any court of competent jurisdiction declare the provisions of this chapter invalid in their application to a particular parcel of land, the zoning map shall continue to show such parcel in the zoning district applicable to it pursuant to this chapter unless and until such district is changed by an amendment adopted by the board of trustees in the manner normally applied to amendments of districts; however, the parcel in question shall be identified with a distinctive marking to direct attention to the court decree affecting said parcel. Any such court decree shall be filed with any other amendments or village board approved changes to the zoning map as heretofore outlined in the procedure governing the annual revision of the official zoning map.

(Code 1964, § 30-5.02)

All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.

(1)

However, where a building permit for a building, structure or use has been issued in accordance with law prior to the effective date of the ordinance from which this chapter is derived, and provided that construction is begun within 90 days of permit issuance, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may, upon completion, be occupied under a certificate of occupancy by the use of which originally designated. Provided further that the building or structure shall be governed by the provisions of this chapter governing nonconforming buildings, structures and uses; or

(2)

Where a building permit application, the scope of which encompasses all of the work necessary to fully establish such designated building, structure or use in compliance with all applicable codes, ordinances and regulations, was on file with the building department and was complete in all material respects, including, without limitation, compliance with all submission requirements, disclosure requirements, and signature requirements and accompanied by the proper fee, all being submitted prior to the effective date of the ordinance from which this chapter is derived, provided a permit is issued and construction is begun within 90 days of permit issuance, said building or construction may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may, upon completion, be occupied under a certificate of occupancy by the use of which originally designated.

(Code 1964, § 30-5.03)

The locations and boundaries of the zoning districts established by this chapter are as shown on a map entitled "Zoning Map of the Village of Brookfield, Illinois," hereinafter referred to as the zoning map, which by reference and other information shown on the zoning map, and all amendments thereto, shall be as much a part of this chapter as if specifically set forth and literally described herein.

(Code 1964, § 30-4.02)

The official copy of the zoning map shall be maintained by the village manager and shall be available for public inspection during village business hours at the village hall. Any amendments to zoning district boundaries or any change in other information shown on the zoning map made by amendment to this chapter shall be kept with the official zoning map until the zoning map is updated. The village board shall cause to be published, no later than March 31 of each year, a map clearly showing amendments and other information shown on the zoning map for the preceding calendar year. If in any calendar year there are no changes by amendment or other information shown on the zoning map, no map shall be required to be published for that calendar year.

(Code 1964, § 30-4.05)

It is the intent of this chapter that the entire area of the village, including all land and water areas, be included in the districts established by this chapter. Any area lying within the village but not shown on the zoning map as being included in such a district shall be deemed to be, and it is hereby classified in the S-1 Special District.

(Code 1964, § 30-4.03)

(a)

In order to carry out the purposes and provisions of this chapter, the village is hereby divided into the following districts:

(1)

Residential districts.

(2)

Business districts.

(3)

Industrial districts.

(4)

Special districts.

(5)

Overlay districts.

(6)

Station area districts.

(b)

Whenever the abbreviated terms, A-1, A-2, A-3, etc., are used in this chapter, they shall be construed as referring to their corresponding district titles.

(Code 1964, § 30-4.01; Ord. No. 2019-58, § 5, 12-9-2019)

Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:

(1)

The district boundaries are the centerlines of highways, streets, alleys, waterways, and other rights-of-way unless otherwise indicated, or to the centerline of railroad right-of-way providing main line service and existing on the date of the adoption of the ordinance from which this chapter is derived. When the designation of a boundary line on the zoning map coincides with the location of any such right-of-way line, the centerline of such right-of-way shall be construed as to be the boundary of such district. Where a street right-of-way abuts a railroad right-of-way, the district boundary line shall coincide with the centerline of the railroad right-of-way providing main line service and existing on the date of the adoption of the ordinance from which this chapter is derived.

(2)

When a district boundary does not coincide with the location of the centerline of any right-of-way but does coincide with a lot line representing a legally platted subdivision and in existence at the time of adoption of the ordinance from which this chapter is derived, such lot line shall be construed to be the boundary of such district. The act of acquisition of one or more tracts of land or lots of record and maintained under a single fee title and containing more than one zoning district classification does not entitle any zoning other than contained in the zoning map.

(3)

When a district boundary does not coincide with the location of the centerline of any right-of-way or lot line, the district boundary shall be determined by use of the scale shown on the zoning map.

(4)

Whenever any street, alley or other public right-of-way is vacated by official action of village board, the zoning district adjoining each side of such street, alley or public right-of-way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended district.

(Code 1964, § 30-4.04)

No residential building shall be erected in or alteration made to any existing structure increasing the number of any dwelling units in any manufacturing district. Further, no building shall be erected or alteration made to any existing structure permitting the establishment of new residential uses on a ground floor, nor alteration made to any existing structure increasing the number of existing dwelling units on a ground floor in any commercial or special district, except that a planned development meeting the requirements of this chapter may be offered for review and approval allowing such use consideration; or, in those commercial districts allowing residential use as a special use, such use may be offered for consideration providing the requirements of this chapter are met regarding special use permits; or, where such uses as hotels, motels or bed and breakfast accommodations are permitted within the specific commercial zoning district. Unless otherwise provided, all regulations applicable to such buildings having residential uses in any manufacturing, commercial or special district shall be those as applied to the B Multiple-Family Residential District. Those regulations shall be applicable to existing or legally permitted or expanded buildings and shall include bulk requirements, yard requirements and off-street parking regulations without variation.

(Code 1964, § 30-5.04)

The minimum zoning lot allowed for residential building purposes shall have a width and street frontage of not less than 50 feet and contain not less than 6,200 square feet in area. For the purpose of this chapter, zoning lots less than 50 feet in width and/or containing less than 6,200 square feet in area shall be deemed substandard. Use of a zoning lot with less than said frontage or area for residential building purposes may be authorized as specifically allowed in section 62-73, or by authorization of the president and board of trustees of the village after the receipt of the report and recommendation of the planning and zoning commission, in the manner and form prescribed by this chapter after it has been determined that such lot was of public record on or before November 19, 1924; that ownership of the lot by the petitioner was of public record on or before November 19, 1924; and that at that time the owner did not own sufficient adjacent property which would have established a legal zoning lot meeting minimum requirements; and that said lot cannot reasonably be enlarged by acquisition of adjoining land or cannot reasonably be disposed of to the owners of adjoining land. Such authorization may be made only after the denial of a permit, proper taking of appeal and holding of a public hearing; all in conformity with the requirements of the state revised statutes and this chapter. Consideration shall be given in each case to an authoritative ownership record of the lots involved and adjoining since November 19, 1924.

(Code 1964, § 30-5.05; Ord. No. 2013-69, § 20, 12-16-2013)

Every part of a yard shall be open to the sky except as specifically permitted by the exemptions listed in this section; setback regulations are to be applied as found in the criteria governing each individual zoning district. Exceptions herein listed do not provide any permit, license or authorization to extend the herein listed items from being located upon, within or over any public right-of-way of the village.

(1)

Exempted from all yard setbacks:

a.

Awnings and copies, except as may be regulated in chapter 42 by the village sign ordinance.

b.

Bay windows not to exceed 18 inches from the building face.

c.

Chimneys not to exceed 18 inches from the building face.

d.

Driveways and curbs, provided that such driveways provide access to legally authorized parking spaces; however, no driveway parallel to a lot line may be closer than 12 inches to any side or rear lot line.

e.

Fences, walls and hedges in accordance with chapter 12, article IV, division 3 of this Code.

f.

Flagpoles.

g.

Islands and pumps for gasoline service stations shall have a minimum setback of 20 feet.

h.

Landscape features, except as governed and regulated by chapter 12, article IV, division 3 of this Code.

i.

Mailboxes as authorized by the U.S. Postal Services.

j.

Planting boxes not exceeding 18 inches from the building face.

k.

Porches, stoops or landings, being open-air and not exceeding 60 inches from the building face.

l.

Sidewalks, steps and handicapped ramps.

m.

Signs, except as regulated by chapter 42, the village sign ordinance.

n.

Terraces and decks, nonroofed/open-air exceeding a height of eight inches above grade.

o.

Yard and service lighting fixtures and poles.

(2)

Exempted from rear and side yard setbacks; however, a five-foot minimum on a corner side yard or reverse corner side yard, and a five-foot vision triangle shall be maintained at the intersection of any corner side lot line with a rear lot line:

a.

Air conditioner, window, provided that a hot air/noise deflecting baffle, directed upward, is installed and maintained.

b.

Air conditioner, central, provided that it is not located closer than ten feet to a neighboring dwelling and that a hot air/noise deflecting baffle, directing upward, is installed and maintained.

c.

Clothesline posts.

d.

Detached accessory buildings and structures, as required by section 62-16.

e.

Fans, provided that a hot air/noise deflecting baffle, directed upward, is installed and maintained.

f.

Fireproof fire escapes, fireproof outside stairways, and balconies opening upon fire towers projecting into a yard not more than five feet.

g.

Garbage disposal equipment, nonpermanent.

h.

Parking pads in single-family residential districts, installed per the adopted building code, provided that it conforms to the yard requirements for detached garages set forth in section 62-16. Parking pads in the corner side yard setback area must be screened with a solid fence meeting the fence requirements contained in this Code.

i.

Playhouses for children or screened temporary garden houses; however, no such item shall exceed ten feet in height anywhere on the property.

j.

Recreational equipment, other than recreational vehicles.

k.

Swimming pools as regulated by this Code.

(3)

Setbacks applicable to adjoining zoning districts. Where a lot on which a building line setback is required adjoins a district with a smaller or no setback requirement, the building on the lot not having a setback or requiring a small setback shall, for a distance of not more than 50 feet, be required to observe one-half of the setback that would otherwise be required for said lot.

(Code 1964, § 30-5.06; Ord. No. 2007-26, § 2, 3-26-2007)

(a)

The leg of any triangular or wedge-shaped lot generally running parallel to an improved public thoroughfare shall be deemed to be the front lot line and any minimum front yard setback shall be measured from that lot line. The leg of the triangle or wedge-shaped lot attached to the front lot line and forming an angle of less than 60 degrees shall be deemed to be the rear lot line and any minimum rear setback shall be measured from that lot line. The remaining leg of a triangular lot or the remaining sides of a wedged-shape lot shall be considered side lot lines and any side yard requirements shall be measured from and be parallel to such lines. All such yard requirements shall be the minimum yard requirements for the zoning district in which the lot is located.

(b)

For triangular and wedge-shaped lots having legs on two of their sides abutting an intersecting improved public thoroughfares, the property owner shall choose one thoroughfare as being the lot front and the leg paralleling the other thoroughfare shall be deemed the rear lot line, except those lots which abut Grand Boulevard, the side paralleling Grant Boulevard shall be declared to be the lot front.

(Code 1964, § 30-5.07)

(a)

Except as specifically contained by the exemptions listed in this section, height regulations are to be applied as found in the criteria governing each individual zoning district.

(b)

The following structures are exempted from or to the extent herein stated in this section from height regulations found elsewhere in this chapter, except that no such structure may exceed a maximum height of 75 feet as measured from the established curb level or above the finished grade level:

(1)

Chimneys.

(2)

Cooling towers.

(3)

Elevator bulkheads.

(4)

Fire towers.

(5)

Flagpoles, but not to exceed ten feet above the highest point of the roof of the principal building.

(6)

Heating or cooling equipment, provided that such equipment shall be so shielded as to avoid the creation of noise, odor or similar nuisances.

(7)

Monuments.

(8)

Ornamental towers and spires.

(9)

Penthouses for mechanical devices.

(10)

Solar devices, but not to exceed five feet above the highest point of the roof of the principal building.

(11)

Skylights.

(12)

Stacks.

(13)

Storage towers or scenery lofts.

(14)

Tanks.

(15)

Water towers and standpipes.

(16)

Wireless towers.

(Code 1964, § 30-5.08)

These regulations shall be applicable to all private garages and accessory storage structures. All such private garages and accessory storage structures are to be subordinate to all principal use structures and for residentially used properties shall contribute to the comfort, convenience or necessity of the occupants inhabiting the principal use structure. However, as applied to residential private garages, these regulations are not intended to prohibit the use of any garage by a nonresident third-party, providing that the remaining off-street parking is both sufficient in quantity and design as required elsewhere within this chapter. All measurements for the determination of heights of garages and accessory storage structures shall be made from the finished grade elevation to the top of the ridge or parapet. No detached garage or accessory structure shall be located between the front yard building setback line and the principal residential structure in any residential zoning district. No garage may be constructed so as to reduce the total number of parking spaces required by this chapter.

(Code 1964, § 30-5.09)

(a)

Attached accessory buildings or structures. Attached accessory buildings or structures are considered a part of the principal building or structure for the purposes of determining height, bulk, and yard restrictions set forth in this Code. Garages/carports are limited to one attached garage or one detached garage per zoning lot in any single-family residential district. The primary garage door providing driveway or ramp entry must be accessible via an approved surface approach from a street or alley. All garages must be architecturally harmonious with the principal use structure.

(b)

Detached accessory buildings or structures.

(1)

Detached accessory buildings or structures as defined by this Code include, but are not limited to: garages or carports, gazebos, sheds or other outside storage, workshop or office space, outdoor kitchens, or any other covered or enclosed permanent structure intended for an accessory use. Each zoning lot is limited to one detached accessory structure, not including a garage. No detached accessory building or structure may be used for dwelling purposes.

(2)

Unless otherwise noted in section 62-13, section 62-15, or subsection (c) of this section, detached accessory buildings and structures must comply with the following height, bulk, and yard requirements:

a.

Height. The height for detached accessory buildings or structures shall be measured as building height is defined by this Code. Detached accessory buildings or structures may not exceed a height of 12 feet.

b.

Yard. Detached accessory buildings or structures may not be located at any point between the front property line and the current front yard setback line or the existing front building line, whichever is greater. Detached accessory buildings or structures may not be located within five feet of a corner side property line or three feet from an interior side or rear property line. Setback distances are measured from the property line to the nearest point of the foundation or building face. Such yards must be kept free and clear of all permanent or nuisance-causing materials and substances, unless exempted by section 62-13.

c.

Bulk. Detached accessory buildings or structures must be included in the building coverage area as restricted in zoning district and may not exceed 100 square feet, unless otherwise specified in subsection (c) of this section.

(c)

Requirements for detached garages.

(1)

Detached garages, generally. Garages are limited to one detached or one attached per zoning lot in any single-family residential district. The primary garage door providing driveway or ramp entry must be accessible via an approved hard surface approach from a street or alley. All garages must be architecturally harmonious with the principal use structure. No detached garage may be used for dwelling purposes.

(2)

Height, yard and bulk requirements for detached garages.

a.

Height. The height for detached garages shall be measured as building height is defined by this Code. In residential districts, detached garages may not exceed a height of 14 feet. For all commercial districts where such garage shall not be the principal use, no garage shall hereafter be erected or altered to exceed one story or 16 feet in height. For all industrial and special districts, no garage shall hereafter be erected or altered to exceed two stories or 24 feet in height.

b.

Yard. Detached garages may not be located at any point between the front property line and the current front yard setback line or the existing front building line, whichever is greater. Detached garages may not be located within five feet of a corner side property line or three feet from an interior side or rear property line. Setback distances are measured from the property line to the nearest point of the foundation or building face. Such yards must be kept free and clear of all permanent or nuisance-causing materials and substances, unless exempted by section 62-13.

c.

Bulk. In all residential districts, detached garages may not exceed: ten percent of the total lot area or 660 square feet, whichever is less, on all lots exceeding 4,400 square feet; 440 square feet on substandard lots 4,400 square feet or less. Any property in a single-family residential district may be improved to provide the minimum required parking, provided that any properties not conforming with the bulk requirements of that district do not construct additional accessory structures.

(Code 1964, § 30-5.09(A); Ord. No. 99-02, 1-25-1999; Ord. No. 2006-68, 8-28-2006; Ord. No. 2007-26, § 3, 3-26-2007)

(a)

Accessory storage structures, generally. Only one accessory storage structure may be permitted to be constructed upon any zoning lot in any residential zoning district. The first 100 square feet of any detached accessory storage structure shall not be counted in calculating the amount of overland intensity of lot coverage as regulated elsewhere in this chapter.

(b)

Accessory storage structure, height. No accessory storage structure located within a zoning district shall hereafter be erected or altered to exceed a height of ten feet.

(c)

Accessory storage structure, bulk. Upon any zoning lot in any residential zoning district, accessory structure exceeding 100 square feet in area are permitted.

(d)

Combining accessory storage area with garages. Within any single-family residential zoning district, a maximum of 100 square feet allowed for accessory storage may be added to the size of the detached garage structure authorized by section 62-17(c). However, as part of the permit process, a restrictive covenant shall be filed at the permit applicant's expense with the county recorder of deeds acknowledging that the property owner recognizes that by exercising the provision of this subsection, any and all rights to file a permit for any further accessory storage structures are waived for the owner, his heirs and successors in perpetuity.

(Code 1964, § 30-5.09(B); Ord. No. 99-02, 1-25-1999)

In all residential zoning districts, unless otherwise hereinafter provided, each dwelling hereafter erected or altered shall be situated in compliance with the requirements of section 62-75 and located upon a zoning lot meeting the requirements of section 62-12. No part of a public street or alley shall be included in any such width, square footage, setback or yard. No lot or group of lots under the same ownership used wholly or partly for residential building purposes shall be diminished or further diminished in width, depth or area so as to leave any dwelling then standing or thereafter constructed thereon with a lot of less width, frontage, setback, yard or area as here before stated. Use of a lot with less than said width street frontage, setback, yard, or area for residential building purposes may be authorized only by the village president and board of trustees upon the report and recommendation of the planning and zoning commission, after the denial of a permit, proper taking of appeal and holding of a public hearing, notice of which shall meet the requirements of the state compiled statutes and this chapter and after it has been determined that such lot was of public record on November 19, 1924, and that said lot cannot be reasonably enlarged by acquisition of adjoining land or cannot be reasonably disposed of to adjoining lands. Consideration shall be given in each case to an authoritative ownership record of lots involved and adjoining since November 19, 1924.

(Code 1964, § 30-5.10; Ord. No. 99-24, 7-26-1999; Ord. No. 99-51, 12-13-1999; Ord. No. 2013-69, § 21, 12-16-2013)

All municipal services and services provided by any public utility which are deemed to be essential by action of the village board at a regular village board meeting shall be permitted in any zoning district.

(Code 1964, § 30-5.11; Ord. No. 94-14, 3-25-1974)

(a)

No person shall use two or more contiguous subdivided lots or portions thereof to satisfy the requirements of this chapter unless said person shall duly record with the county recorder of deeds a plat conforming to the applicable state statutes and the requirements of this Code consolidating or subdividing the lots as the proper case may be.

(b)

No person shall build or extend any building or structure on two or more contiguous subdivided lots or portions thereof unless said person shall duly record with the county recorder of deeds a plat conforming to the applicable state statutes and the requirements of this Code consolidating or subdividing the lots as the proper case may be.

(Code 1964, § 30-5.12; Ord. No. 99-24, 7-26-1999; Ord. No. 99-51, 12-13-1999; Ord. No. 2007-26, § 2, 3-26-2007)

This section establishes and describes the use classification system used to classify principal uses in this zoning ordinance.

(a)

Use categories. This zoning ordinance classifies principal land uses into eight major groupings (described in sections 62-23 through 62-30). These major groupings are referred to as "use categories." The use categories are as follows:

(1)

Residential (see section 62-23).

(2)

Public, civic and institutional (see section 62-24).

(3)

Commercial (see section 62-25).

(4)

Wholesale, distribution and storage (see section 62-26).

(5)

Industrial (see section 62-27).

(6)

Recycling (see section 62-28).

(7)

Agricultural (see section 62-29).

(8)

Other (see section 62-30).

(b)

Use subcategories. Each use category is further divided into more narrowly defined "subcategories." Use subcategories classify principal land uses and activities based on common functional, product or physical characteristics, such as the type and amount of activity, the type of customers or residents, and how goods or services are sold or delivered and site conditions.

(c)

Specific use types. Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory as a whole.

(d)

Determination of use categories and subcategories.

(1)

The village manager is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this zoning ordinance.

(2)

When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the village manager is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this chapter. In making such determinations, the village manager must consider:

a.

The types of activities that will occur in conjunction with the use;

b.

The types of equipment and processes to be used;

c.

The existence, number and frequency of residents, customers or employees;

d.

Parking demands associated with the use; and

e.

Other factors deemed relevant to a use determination.

If a use can reasonably be classified in multiple categories, subcategories or specific use types, the development administrator or land use administrator is authorized to categorize each use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate "fit."

(Ord. No. 2017-9, § 4.A., 1-9-2017)

This category includes uses that provide living accommodations for one or more persons. The residential use subcategories are as follows:

(a)

Household living. Residential occupancy of a dwelling unit by a household. When dwelling units are rented, tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential; they are considered a form of lodging.

(1)

Single-family detached. Occupancy of a lot solely by a single dwelling unit that is used as a residence for one family. Single-family detached dwelling units are not attached to any other dwelling unit.

(2)

Single-family attached. Occupancy of a lot solely by a single dwelling unit that is used as a residence for one family. Single-family attached dwelling units are attached to at least one other dwelling unit, which is located on a separate lot.

(3)

Two-family. The use of a lot solely as a residence for two families with each family occupying a single dwelling unit. The dwelling units are attached horizontally (wall to wall) or vertically (floor to ceiling).

(4)

Multi-family. The use of a lot solely as a residence for three or more families with each family occupying a single dwelling unit. The dwelling units are attached horizontally (wall to wall) or vertically (floor to ceiling).

(5)

Mixed-use. A building in residential dwelling units occupy only one or more of the upper floors, with nonresidential uses occupying the ground floor.

(b)

Group living. Residential occupancy of a building or any portion of a building by a group other than a household. Group living uses typically provide communal kitchen/dining facilities. Examples of group living uses include community residences, convents, monasteries, nursing homes, assisted living facilities, sheltered care facilities, retirement centers, and halfway houses.

(1)

Community residence. A facility in which persons with disabilities live together as a single housekeeping unit in a long-term, household-like environment and in which staff persons provide care, education, and participation in community activities for the residents with a primary goal of enabling the resident to live as independently as possible. Group homes do not include pre-release, work-release, probationary, or other programs that serve as an alternative to incarceration.

a.

Large community residence. A community residence in which the number of unrelated disabled persons living in the residence exceeds the number of unrelated nondisabled persons allowed to live in a residence, as determined by the village's definition of "family." Full-time staff who occupy the residence overnight are not included when calculating the number or unrelated persons living in a residence, but are included when determining the number of persons that can live in a structure, as per the building code.

b.

Small community residence. A community residence that occupies a detached house and in which the number of unrelated disabled persons allowed to live in the residence does not exceed the number of unrelated nondisabled persons allowed to live in a residence, as determined by the village's definition of "family." Full-time staff who occupy the residence overnight are not included when calculating the number of unrelated persons living in a residence, but are included when determining the number of persons that can live in a structure, as per the building code.

(2)

Nursing home. A "long-term care facility," as defined in 210 ILCS 45/1-113, that provides skilled nursing care.

(3)

Sheltered care home. A "long-term care facility," as defined in 210 ILCS 45/1-113, that provides maintenance and personal care.

(Ord. No. 2017-9, § 4.A., 1-9-2017)

This category includes public, quasi-public and private uses that provide unique services that are of benefit to the public at-large. The public, civic and institutional subcategories are as follows:

(a)

Cemetery. Land or structures used for burial or permanent storage of the dead or their cremated remains. Typical uses include cemeteries and mausoleums. Also includes pet cemeteries.

(b)

College or university. Institutions of higher learning that offer courses of general or specialized study and are authorized to grant academic degrees.

(c)

Day care. Uses providing care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day. Examples include state-licensed child care centers, preschools, nursery schools, head start programs, after-school programs and adult day care facilities. Day care expressly includes state-accredited adult day care facilities and facilities for child care, as defined in the Illinois Child Care Act.

(1)

Day care center. A facility licensed by the State of Illinois that provides day care for more than eight children or any number of adults.

(2)

Day care home. A dwelling unit licensed by the State of Illinois in which day care is provided for more than threee but no more than eight children, excluding all natural, adopted and foster children of the residents of the dwelling unit.

(d)

Governmental service. Local, state or federal government services or functions that are not otherwise classified.

(e)

Hospital. Uses providing medical or surgical care to patients and offering inpatient (overnight) care.

(f)

Library or cultural exhibit. Museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art or library collections of books, manuscripts and similar materials for study and reading.

(g)

Natural resource preservation. Undeveloped land left in a natural state for specific use as visual open space or environmental purposes. Typical uses include wildlife or nature preserves, arboretums, flood management projects and reservoirs.

(h)

Parks and recreation. Recreational, social or multi-purpose uses associated with public parks and open spaces, including playgrounds, playfields, play courts, community centers and other facilities typically associated with public parks and open space areas. Also includes public and private golf courses and country clubs.

(i)

Postal service. Facilities operated by the U.S. Postal Service, including post offices and mail sorting and distribution facilities.

(j)

Religious assembly. Religious services involving public assembly that customarily occur in churches, synagogues, temples, mosques and other facilities used for religious worship.

(k)

Safety service. Establishments that provide fire, police or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations, police stations, and private ambulance services.

(l)

School. Public and private schools at the primary, elementary, middle school or high school level that provide basic, compulsory education.

(m)

Utilities and public service facilities, minor. Infrastructure services that need to be located in or close to the area where the service is provided. Minor utilities and public service facilities generally do not have regular employees at the site and typically have few if any impacts on surrounding areas. Typical uses include water and sewer pump stations; gas regulating stations; underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and emergency communication warning/broadcast facilities.

(1)

The production, collection or distribution of renewable energy, water, organic waste, or other similar resources at a neighborhood, district or campus scale are classified as minor utilities and public service facilities. This includes distributed energy facilities that produce or distribute energy from renewable sources; neighborhood composting areas and neighborhood stormwater facilities.

(2)

District-, neighborhood- or campus-scale systems that produce or distribute energy from the biological breakdown of organic matter produced within the subject neighborhood or campus are also considered minor utilities and public service facilities.

(3)

Energy production systems that generate energy from the byproducts of the principal use are considered accessory uses, including net metered installations and installations that generate power to sell at wholesale to the power grid.

(n)

Utilities and public service facilities, major. Infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include but are not limited to water and wastewater treatment facilities, high-voltage electric substations, utility-scale power generation facilities (including wind, solar and other renewable and nonrenewable energy sources), sanitary landfills and utility-scale water storage facilities, such as water towers and reservoirs.

(o)

Zoo. An establishment that maintains and cares for non-domesticated animals, typically in a park or gardens, for study, conservation, or display to the public.

(Ord. No. 2017-9, § 4.A., 1-9-2017)

The commercial use category includes uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public. The commercial use subcategories are as follows:

(a)

Animal service. Uses that provide goods and services for care of companion animals, including the following specific use types:

(1)

Grooming. Grooming of dogs, cats and similar small animals, including dog bathing and clipping salons and pet grooming shops.

(2)

Boarding or shelter. Animal shelters, care services and kennel services for four or more dogs, cats and small animals, including boarding kennels, pet resorts/hotels, pet day cares, pet adoption centers and dog training centers.

(3)

Veterinary. Animal hospitals and veterinary clinics.

(b)

Assembly and entertainment. Uses that provide gathering places for participant or spectator recreation, entertainment or other assembly activities. Assembly and entertainment uses may provide incidental food or beverage service. Typical uses include health clubs, gymnasiums, banquet halls, entertainment centers, billiard centers, bowling centers, cinemas, stadiums, arenas, and live theaters.

(c)

Broadcast or recording studio. Uses that provide for audio or video production, recording or broadcasting.

(d)

Commercial service. Uses that provide for consumer or business services and for the repair and maintenance of a wide variety of products. Examples of commercial service use types include the following:

(1)

Building service. Uses that provide maintenance and repair services for all structural and mechanical elements of structures, as well as the exterior spaces of premises. Typical uses include janitorial, landscape maintenance, carpet cleaning, chimney sweeps, extermination, plumbing, electrical, HVAC, roofing, window cleaning and similar services.

(2)

Business support service. Uses that provide personnel services, printing, copying, package (delivery) drop-off, photographic services or communication services to businesses or consumers. Typical uses include employment agencies, copy and print shops, delivery/courier service drop-off location for consumers, caterers, and photo developing labs.

(3)

Consumer maintenance and repair service. Uses that provide maintenance, cleaning and repair services for consumer goods on a site other than that of the customer (i.e., customers bring goods to the site of the repair/maintenance business).

Typical uses include laundry and dry cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, picture framing shops, locksmiths, vacuum repair shops, electronics repair shops and similar establishments. Business that offer repair and maintenance service for large equipment or technicians who visit customers' homes or places of business are classified as a "building service."

(4)

Personal improvement service. Uses that provide personal grooming, cosmetic or health and well-being-related services. Typical uses include barbers, hair and nail salons, day spas, and tattoo establishments.

(5)

Research service. Uses engaged in scientific research and testing services leading to the development of new products and processes. Such uses resemble office buildings or campuses and do not involve the mass production, distribution or sale of products. Research services do not produce odors, dust, noise, vibration or other external impacts that are detectable beyond the property lines of the subject property.

(e)

Eating and drinking establishments. Uses that prepare or serve food or beverages for on- or off-premises consumption. The following are eating and drinking establishment specific use types:

(1)

Prepared food shop. An establishment that does not meet the definition of a take-out restaurant and that offers seating or carry out food and beverage service or both, and that is primarily engaged in the sale of prepared food, non-alcoholic beverages, cold refreshments, or frozen desserts. Prepared food shops include establishments known as sandwich shops, donut shops, delis, coffee shops, and ice cream/yogurt shops. A prepared food shop has all of the following characteristics:

a.

Includes customer seating; and

b.

Does not utilize commercial cooking appliances that have requirements for exhausting air contaminants.

(2)

Take-out restaurant. An eating and drinking establishment that has any of the following characteristics:

a.

A drive-through or walk-up window;

b.

A service counter where all customers pay for their ordered items before consumption and all food and beverages are served on disposable ware for consumption, except that cafeterias primarily engaged in serving food and beverages for on-premises consumption are considered sit- down restaurants if take-out service is clearly incidental to the principal use; or

c.

No interior customer seating.

(3)

Sit-down restaurant. An eating and drinking establishment that does not meet the definition of a take-out restaurant or prepared food shop, including establishments that primarily engage in cooking food on the premises and selling it to customers primarily for on-premises consumption.

(4)

Bar. Uses that cater primarily to adults, 21 years of age and older and that sell and serve beer, wine and alcoholic beverages as their principal business. Typical bar uses include bars, taverns, brewpubs, nightclubs, and similar establishments.

(f)

Financial service. Uses related to the exchange, lending, borrowing and safe-keeping of money. Automatic teller machines, kiosks and similar facilities that do not have on-site employees or amplified sound are not classified as financial service uses if they meet the criteria for classification as an accessory use. Typical examples of financial service use types are banks, credit unions, currency exchanges, personal credit establishments and gold and precious metal brokers.

(1)

Personal credit establishment. A pawnshop or pawn broker, as defined in 205 ILCS 510 or any other establishment primarily engaged in providing (vehicle) title-secured loans, payday loans or lending (as defined in 815 ILCS 122) of fee-for-checking cashing services.

(2)

Gold and precious metal brokers. An establishment that is primarily engaged in buying gold or other precious metals (e.g., cash-for-gold businesses).

(g)

Fraternal organization. The use of a building or lot by a not-for-profit organization that restricts access to its facility to bona fide, annual dues-paying members and their occasional guests and where the primary activity is a service not carried on as a business enterprise.

(h)

Funeral and mortuary service. Uses that provide services related to the death of a human or domestic, household pet, including funeral homes and mortuaries.

(i)

Lodging. Uses that provide temporary lodging for less than 30 days where rents are charged by the day or by the week. Examples of specific lodging use types include:

(1)

Bed and breakfast. A detached house in which the owner/operator offers overnight accommodations and meal service to overnight guests for compensation.

(2)

Hotel or motel. An establishment, other than a bed and breakfast, in which short-term lodging is offered for compensation.

(j)

Office. Uses that focus on providing executive, management, administrative, professional or medical services in an office setting. Examples of specific office use types include:

(1)

Business and professional office. Office uses for companies and non-governmental organizations. Examples include corporate offices, law offices, architectural firms, insurance companies and other executive, management or administrative offices for businesses and corporations. Also included are insurance claims adjusters/estimators with no more than one vehicle inspection bay and no on-site repair facilities.

(2)

Medical, dental and health practitioner office. Office uses related to diagnosis and treatment of human patients' illnesses, injuries and physical maladies that can be performed in an office setting with no overnight care. Typical uses include offices of physicians, dentists, psychiatrists, psychologists, and chiropractors. Surgical, rehabilitation and other medical centers that do not involve overnight patient stays are included in this use subcategory, as are medical and dental laboratories, unless otherwise expressly indicated. Ancillary sales of medications and medical products are allowed in association with a medical, dental or health practitioner office.

(3)

Massage establishment means any fixed place of business having a source of income or compensation derived from the practice of massage, as defined in section 62-2.

(k)

Parking, non-accessory. Parking that is not provided to comply with minimum off-street parking requirements or that is not provided exclusively to serve occupants of or visitors to a particular use, but rather is available to the public at-large. Examples of specific non-accessory parking use types include:

(1)

Surface parking, non-accessory. A non-accessory outdoor parking lot.

(2)

Structured parking, non-accessory a non-accessory parking garage.

(l)

Retail sales. Uses involving the sale, lease or rental of new or used goods to the ultimate consumer. Examples of specific retail use types include:

(1)

Building supplies and equipment. Retail sales uses that sell or otherwise provide goods to repair, maintain or visually enhance a structure or premises. Typical uses include hardware stores, home improvement stores, paint and wallpaper supply stores and garden supply stores.

(2)

Nondurable goods. Retail sales uses that sell or otherwise provide non-durable, consumable (aka "soft") goods that are consumed quickly and that must be purchased on a regular basis, such as: (1) sundry goods; (2) products for personal grooming and for the day-to-day maintenance of personal health or (3) food or beverages for off-premises consumption. Typical uses include convenience stores, drug stores, grocery and specialty food stores, wine or liquor stores, gift shops, newsstands and florists.

(3)

Durable goods. Retail sales uses that sell or otherwise provide wearing apparel, fashion accessories, furniture, household appliances and similar durable goods. Typical uses include clothing stores, department stores, appliance stores, TV and electronics stores, bike shops, book stores, costume rental stores, stationery stores, art galleries, hobby shops, furniture stores, pet stores and pet supply stores, shoe stores, antique shops, secondhand stores, record stores, toy stores, sporting goods stores, variety stores, musical instrument stores, medical supplies, office supplies and office furnishing stores. Retail sales of durable goods does not include sales or rental of building supplies and equipment.

(4)

Cannabis dispensary. Retail sales of cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered patients and caregivers. Cannabis dispensaries must be 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. Cannabis dispensaries are not permitted to be within 100 feet of pre-existing private or public schools and daycares.

(m)

Self-service storage facility. An enclosed use that provides separate, small-scale, self-service storage facilities leased or rented to individuals or small businesses. Facilities are designed and used to accommodate only interior access to storage lockers or drive-up access only from regular size passenger vehicles and two-axle non-commercial vehicles.

(n)

Studio, artist or instructional service. Uses in an enclosed building that focus on providing individual or small group instruction or training in fine arts, music, dance, drama, fitness, language or similar activities. Also includes dance studios, ballet academies, yoga studios, martial arts instruction, tutoring, artist studios and photography studios.

(o)

Trade school. Uses in an enclosed building that focus on teaching the skills needed to perform a particular job. Examples include schools of cosmetology, modeling academies, computer training facilities, vocational schools, administrative business training facilities and similar uses. Truck driving schools are classified as "trucking and transportation terminals" (wholesale, distribution and storage use category).

(p)

Vehicle sales and service. Uses that provide for the sale, rental, maintenance or repair of new or used vehicles and vehicular equipment. The vehicle sales and service subcategory includes the following specific use types:

(1)

Commercial vehicle repair and maintenance. Uses, excluding vehicle paint finishing shops, that repair, install or maintain the mechanical components or the bodies of large trucks, mass transit vehicles, large construction or agricultural equipment, aircraft or similar large vehicles and vehicular equipment. Includes truck stops and fleet vehicle fueling facilities, which may dispense conventional vehicle fuels and/or alternative vehicle fuels.

(2)

Commercial vehicle sales and rental. Uses that provide for the sale or rental of large trucks, moving equipment (e.g., U-Haul and Ryder) construction equipment, or similar large vehicles and vehicular equipment.

(3)

Fueling station. Uses engaged in retail sales of vehicle fuels for personal vehicles, other than fleet fueling facilities and truck stops. (Note: Fleet vehicle fueling facilities and truck stops are part of the "commercial vehicle repair and maintenance" specific use type). Fueling stations may dispense conventional vehicle fuels and/or alternative vehicle fuels, such as natural gas, propane, electricity and hydrogen.

(4)

Personal vehicle repair and maintenance. Uses that repair, install or maintain the mechanical components of automobiles, small trucks or vans, motorcycles, motor homes or recreational vehicles including recreational boats or that wash, clean or otherwise protect the exterior or interior surfaces of these vehicles.

(5)

Personal vehicle sales and rental. Uses that provide for the sale or rental of new or used autos, small trucks or vans, trailers, motorcycles, motor homes or recreational vehicles including recreational watercraft. Typical examples include automobile dealers, auto malls, car rental agencies. Car-share vehicles that are parked or stored when not being used by members of a car-share program are not regulated as personal vehicle sales and rental uses, but are instead considered accessory parking.

(6)

Vehicle body and paint finishing shop. Uses that primarily conduct motor vehicle body work and repairs or that apply paint to the exterior or interior surfaces of motor vehicles by spraying, dipping, flow-coating or other similar means.

(Ord. No. 2017-9, § 4.A., 1-9-2017; Ord. No. 2019-18(2), § 5, 4-22-2019; Ord. No. 2019-58, § 6, 12-9-2019; Ord. No. 2022-13, §§ 2, 4, 2-28-2022; Ord. No. 2022-57, § 6, 11-28-2022)

This category includes uses that produce goods from extracted and raw materials or from recyclable or previously prepared materials, including the design, storage and handling of these products and the materials from which they are produced. The industrial subcategories are:

(a)

Low-impact manufacturing and industry. Manufacturing and industrial uses that do not, as part of their normal operations, generate noticeable off-site impacts in terms of noise, smoke, particulate matter, odors, or vibration. Typical examples of low-impact manufacturing and industrial uses include: Commercial laundries and linen supply services, apparel manufacturing, bakery products manufacturing, bottling plants, ice manufacturing, mattress manufacturing and assembly, musical instrument, parts manufacturing, newspaper printing, binderies and craft brewing and distilling (as defined and regulated by 235 ILCS).

(b)

Moderate-impact manufacturing and industry. Manufacturing and industrial uses that, as part of their normal operations, generate noticeable off-site impacts in terms of noise, smoke, particulate matter, odors, or vibration. Typical examples of moderate-impact manufacturing and industrial uses include: Large breweries, distilleries and alcohol manufacturing (other than micro distilleries), cannabis craft growers, cannabis infusers, cannabis processing organizations, cannabis cultivation centers, coffee roasting with a roasting capacity of more than five kilos, dairy products manufacturing, foundries, chrome plating, crematoriums, electroplating, fiberglass manufacturing, flour mills, paper products manufacturing and large-scale breweries and distilleries.

(c)

High-impact manufacturing and industry. Manufacturing and industrial uses that regularly use hazardous chemicals or procedures or that produce hazardous byproducts or explosive hazards. Typical examples of high-impact manufacturing and industrial uses include: The manufacture of acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins and radioactive materials. This subcategory also includes petrochemical tank farms, gasification plants, smelting, animal slaughtering, oil refining, asphalt and concrete (batch) plants and tanneries.

(Ord. No. 2017-9, § 4.A., 1-9-2017; Ord. No. 2019-58, § 7, 12-9-2019)

This category includes uses that provide and distribute goods in large quantities, principally to retail sales, commercial services or industrial establishments. Long-term and short-term storage of supplies, equipment, commercial goods and personal items is included. The wholesale, distribution and storage subcategories are as follows:

(a)

Cannabis transporting organization or transporter. An organization or business that is licensed by the Illinois Department of Agriculture as a transporter to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Illinois Community College Cannabis Vocational Training Pilot Program.

(b)

Equipment and materials storage yard. Uses related to outdoor storage of equipment, products or materials, whether or not stored in containers.

(c)

Junk, salvage or impound yard. A building or open area where waste, scrap, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled, crushed, processed, or handled for reclamation, disposal or other similar purposes, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. Also includes vehicle towing and impound yards.

(d)

Trucking and transportation terminals. Uses engaged in the dispatching and long-term or short-term storage of trucks, buses and other vehicles, including parcel service delivery vehicles, taxis and limousines. Minor repair and maintenance of vehicles stored on the premises is also included. Includes uses engaged in the moving of household or office furniture, appliances and equipment from one location to another, including the temporary on-site storage of those items.

(e)

Warehouse. Uses conducted within a completely enclosed building that are engaged in long-term and short-term storage of goods and that do not meet the definition of a "self-service storage facility" or a "trucking and transportation terminal."

(f)

Wholesale sales and distribution. Uses engaged in the wholesale sales, bulk storage and distribution of goods. Such uses may also include incidental retail sales and wholesale showrooms. Expressly includes the following uses: Bottled gas and fuel oil sales, flea markets, ice distribution centers, monument sales, portable storage building sales, vending machine sales, auctioneers, and frozen food lockers.

(Ord. No. 2017-9, § 4.A., 1-9-2017; Ord. No. 2019-58, § 8, 12-9-2019)

This category includes uses that collect, store or process recyclable material for the purpose of marketing or reusing the material in the manufacturing of new, reused or reconstituted products. The recycling use subcategories are as follows:

(a)

Consumer material drop-off station. An establishment that (1) accepts consumer recyclable commodities directly from the consuming party; (2) is staffed by personnel during times when recyclables are accepted from consumers; and (3) stores materials temporarily before transferring them to recyclable material processing facilities. Establishments that process recyclable material are classified as "consumer material processing" establishments. (Note: dumpsters and recyclable material collection bins are regulated as accessory uses.)

(b)

Consumer material processing. Establishments that receive and process consumer recyclable commodities for subsequent use in the secondary market.

(Ord. No. 2017-9, § 4.A., 1-9-2017)

This category includes uses such as gardens, farms and orchards that involve the raising and harvesting of food and non-food crops and the raising of farm animals. The agricultural subcategories are:

(a)

Community garden. An area less than one acre in area that is managed and maintained by a group of individuals to grow and harvest food crops or non-food crops (e.g., flowers). A community garden area may be divided into separate garden plots or orchard areas for cultivation by one or more individuals or may be farmed collectively by members of the group. Community gardens may be principal or accessory uses.

(b)

Greenhouse or nursery. An area of land or a building used for propagation and growth of trees or plants for wholesale or retail sales and distribution. Does not include on-site retail sales unless such sales are otherwise allowed in the subject zoning district.

(Ord. No. 2017-9, § 4.A., 1-9-2017)

This category includes uses that do not fit the other use categories.

(a)

Drive-in or drive-through facility. Any use with drive-through windows or drive-through lanes or that otherwise offer service to the occupants of motor vehicles. Typical uses include drive-through restaurants, drive-through pharmacies, drive-in restaurants and drive-in cinemas. Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees or amplified sound are not classified as drive-in or drive-through facilities if they meet the criteria for classification as an accessory use.

(b)

Sexually oriented business. The sexually oriented business use subcategory includes adult arcades, adult bookstores, adult video stores, adult cabarets, adult motels, adult motion picture theaters, adult theaters, escort agencies, nude model studios, and sexual encounter centers.

(1)

Adult arcade. Any place to which the public is permitted or invited wherein coin operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, videos, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

(2)

Adult bookstore or adult video store. A commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations that are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas; or

b.

Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

For the purpose of interpreting and administering the "adult bookstore" and "adult video store" definitions, a principal business purpose is deemed to exist if materials offered for sale or rental depicting or describing specified sexual activities or specified anatomical areas generate 20 percent or more of the business's income, or account for 20 percent or more of inventory, or occupy 20 percent or more of total floor space. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe specified sexual activities or specified anatomical areas.

(3)

Adult cabaret. A nightclub, bar, restaurant, cafe, or similar commercial establishment that regularly, commonly, habitually, or consistently features:

a.

Persons who appear in a state of nudity or semi-nudity;

b.

Live performances that are distinguished or characterized by the exposure of specified sexual activities or specified anatomical areas;

c.

Films, motion pictures, videocassettes, slides, photographic reproductions, or other image-producing devices that are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

d.

Persons who engage in exotic or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.

(4)

Adult motel. A hotel, motel or similar commercial establishment that:

a.

Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions that are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas, and advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television;

b.

Offers a sleeping room for rent for a period of time that is less than 24 hours; or

c.

Allows a tenant or occupant of a sleeping room to sub-rent the sleeping room for a period of time that is less than 24 hours.

(5)

Adult motion picture theater. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly, commonly, habitually, or consistently shown that are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas.

(6)

Adult theater. A theater, concert hall, auditorium, or similar commercial establishment that regularly, commonly, habitually, or consistently features persons who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are distinguished or characterized by the exposure of specified sexual activities or specified anatomical areas.

(7)

Escort agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

(8)

Nude model studio. Any place other than public park, museum or university or college art class where a person who appears in a state of nudity or semi-nudity, or displays specified anatomical areas, is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration.

(9)

Sexual encounter center. A business or commercial enterprise that, as one of its principal business purposes, offers, for any form of consideration:

a.

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

b.

Activities between persons of the opposite sex and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.

For the purpose of interpreting and administering this "sexual encounter center" definition, a principal business purpose is deemed to exist if the services offered are intended to generate business income.

Table of Allowed Uses

(Ord. No. 2017-9, § 4.A., 1-9-2017; Ord. No. 2019-18(2), § 6, 4-22-2019; Ord. No. 2019-58, § 10, 12-9-2019; Ord. No. 2022-13, §§ 2, 5, 2-28-2022)

(a)

Temporary storage containers shall not be located on any public alley, parkway or sidewalk or on private property at a location that obstructs traffic visibility. Temporary storage containers shall not be located on any public street unless the location is approved by the village manager in accordance with the requirements of this section.

(b)

Temporary storage containers are permitted to be located on private property or, where it is not possible to locate the temporary storage container on private property, upon the approval of the location by the village manager, on the area of a public street used for the parking of motor vehicles in residential, business and industrial zoning districts provided that the temporary storage container complies with the requirements of this section and a permit for the temporary storage container has been issued by the zoning enforcement administrator or the village manager and remains valid.

(c)

An application for a permit requesting the location of a temporary storage container on private property or, where it is not possible to locate the temporary storage container on private property, on the area of a public street used for the parking of motor vehicles, along with the required permit fee, shall be filed with the zoning enforcement administrator by the owner or authorized agent of the owner of the property where the temporary storage container is proposed to be located. The zoning enforcement administrator shall review the permit application. If the application discloses that the temporary storage container is to be located on private property and complies with the requirements of this chapter, the zoning enforcement administrator shall issue the permit to the applicant. If the application discloses that the temporary storage container is proposed to be located on a public street and complies with the requirements of this chapter, the zoning enforcement administrator shall forward the application for consideration of approval by the village manager. In such case, the village manager shall review the permit application. If the application discloses that the temporary storage container to be located on a public street complies with the requirements of this section, the village manager shall issue the permit to the applicant.

(d)

The fee for a permit for a temporary storage container shall be as provided in the fee schedule.

(e)

Temporary storage containers are subject to compliance with the following:

(1)

Temporary storage containers shall be located on private property as follows:

a.

There shall be not more than one temporary storage container located upon a lot at any time;

b.

The lot on which the temporary storage container is located shall be occupied by a principal building;

c.

The temporary storage container shall be located at least three feet from any lot line;

d.

The temporary storage container shall be located in the rear or side yard of the lot, except that the temporary storage container may be located in the front yard, only when the zoning enforcement administrator determines, in writing, that the application sets forth circumstances that disclose that a side or rear yard location is not practical and where the temporary storage container is sited entirely on a driveway or other improved surface.

(2)

Temporary storage containers shall be located on a public street as follows:

a.

The application of the property owner sets forth facts that demonstrate it is not possible to locate the temporary storage container on private property; and the Village Manager, upon review of the application, determines that it is not possible to locate the temporary storage container on private property.

b.

There shall be not more than one temporary storage container located upon a public street adjacent to the property owner's lot at any time.

c.

The area on a public street on which the temporary storage container is located shall be adjacent to the lot on which the property owner's building is located.

d.

The temporary storage container shall not be located on any public street at a location that obstructs travel upon the street by motor vehicles, pedestrians or bicycles.

e.

Temporary storage containers shall not be located on any public street at a location within 15 feet of the intersection of any street or public alley.

f.

When a temporary storage container is to be located on a public street, it is the responsibility of the permit applicant to place a flashing barricade on either side of the temporary storage container; and, where there is parking on the opposite side of the street, it is the responsibility of the permit applicant to place a flashing barricade in the street parking areas on the side opposite to where the temporary storage container is to be placed to ensure that there is adequate space for vehicular passage.

g.

The temporary storage container permit applicant is responsible for any damage to the public right-of-way. The applicant will be notified of the cost of repair, based on the current cost assessed by the department of public works. Failure to pay the fine within 30 days will result in a $750.00 fine.

(3)

No temporary storage container for which a permit has been issued in conjunction with a project for which a building permit has been issued by the village shall remain on private property for more than 30 consecutive days, unless the permit is extended by renewal. No temporary storage container for which a permit has been issued to locate the temporary storage container on a public street or to locate the temporary storage container on private property that is not in conjunction with a project for which a building permit has been issued by the village shall remain on private property for more than ten consecutive days, unless the permit is extended by renewal thereof. A permit for a temporary storage container may be renewed by the zoning enforcement administrator upon the payment of a renewal fee and the filing of an application for renewal for one additional period of up to 30 days when the permit has been issued in conjunction with a project for which a building permit has been issued by the village and the temporary storage container is located on private property or for one additional period of up to ten days when the permit has been issued for the temporary storage container to be located on a public street or on private property in conjunction with a project for which a building permit has not been issued by the village. After the initial renewal period, a permit for a temporary storage container may be renewed by the Village Manager upon the payment of a renewal fee and the filing of an application setting forth circumstances beyond the control of the owner or occupant of the property justifying the renewal for additional periods of up to 30 days when the permit has been issued in conjunction with a project for which a building permit has been issued by the village and the temporary storage container is located on private property or for additional periods of up to ten days when the permit has been issued for the temporary storage container to be located on a public street or when the permit has not been issued in conjunction with a project for which a building permit has not been issued by the village.

(4)

Temporary storage containers shall not exceed eight feet in height, eight feet in width and 16 feet in length.

(5)

Temporary storage containers shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the temporary storage container.

(6)

Temporary storage containers shall be maintained in a good state of repair, free from rust, peeling paint and other forms of visible deterioration.

(7)

Temporary storage containers shall not be utilized for the purpose of conducting business or selling merchandise.

(Ord. No. 2017-54, § 5, 9-11-2017)

(a)

Defined. A temporary use is a use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve the construction or alteration of any permanent structure.

(b)

Authorization. Temporary uses and events may be permitted in any residential, office, commercial or industrial district pursuant to a permit that may be issued upon written application to the village manager. In any residential district, such temporary uses and events may only be authorized when sponsored by and for the benefit of not-for-profit, charitable, eleemosynary, or governmental entities that are a permitted or established special use in the district in which such property is located; and such use or events is held on property owned or controlled by such entities.

The village manager shall not approve or issue any permit for a temporary use or event, nor shall any such permit remain valid unless the applicant satisfies the following conditions throughout the term of the permit:

(1)

Compliance with all applicable provisions of village ordinances;

(2)

Approval by the community development department, fire department, and police department of plans for structures and plans for vehicular and pedestrian access in connection with the temporary use or event;

(3)

Compliance with all applicable regulations of the Cook County Health Department; and

(4)

Compliance with conditions established by the village manager which are necessary to protect the public health, safety and general welfare and the objectives and policies of this chapter and the comprehensive plan.

A violation of terms and/or conditions as established by the village manager, not corrected within 24 hours, shall result in the immediate termination of the temporary use and event permit.

(c)

Duration for permit. A permit for a temporary use or event shall be for a fixed term established at time of issuance not to exceed consecutive or nonconsecutive 30 days unless approved by the village manager. Within 24 hours after termination of the permit, the permittee shall remove all temporary structures, items and debris from, and clean-up and restore the premises pertaining to the permit to a safe condition.

(d)

Liability insurance coverage required.

(1)

Commercial general liability. One million dollars combined single limit per occurrence for bodily injury, property damage and $1,000,000.00 per occurrence for personal injury. The village, its officials, employees, agents, and volunteers shall be named as additional insureds on a primary and non-contributory basis under the policy or coverage by original endorsement signed by a person authorized to bind coverage; and

(2)

Liquor liability. Maintain a minimum of $2,000,000.00 per occurrence for its sale of alcoholic beverages and require that any other party selling or serving alcoholic beverages during the event shall provide liquor liability insurance in the same amount with the village, its officials, employees, agents, and volunteers named as additional insured on a primary and non-contributory basis by original endorsement signed by a person authorized to bind coverage.

(e)

Exemptions. The following entities and organizations are exempt from making an application for a temporary use or event permit:

(1)

All events in open space zoning districts (parks). Application for an event or use in this zoning district is made directly to the Village of Brookfield Parks and Recreation Department;

(2)

Block parties. Application is made directly to the Village of Brookfield Public Works Department for this type of event;

(3)

All events in government buildings and on related property;

(4)

Private events not open to the public exclusively on private property when the use is a permitted use in the underlying zoning district;

(5)

Garage sales (see division 5, sections 14-288 through 14-295 of the Village Code); and

(6)

Food trucks, food trucks operating in the Village of Brookfield are subject to an annual registration as outlined in chapter 14 of the Village Code.

(Ord. No. 2017-54, § 5, 9-11-2017)

Editor's note— Ord. No. 2022-52, § 4, adopted Nov. 14, 2022, set out provisions intended for use as § 62-45. To preserve the style of this Code, and at the editor's discretion, these provisions have been included as § 62-32.

(a)

Purpose. The purpose of this section is to foster the development of safe, convenient, and accessible electric vehicle (EV) infrastructure, removing barriers to EV use, and to support the village's goal of reducing vehicle emissions, encouraging sustainable transportation options, and promoting the adoption of electric vehicles within the community.

(b)

General provisions.

(1)

Retail charging, accessory use.

a.

Level 1 and level 2 charging stations. Level 1 and level 2 charging stations are permitted in every zoning district, when accessory to the primary permitted use of said district. Charging stations located at single-family and multiple-family dwellings shall be designated as private use only. Installation of charging stations shall be subject to permit approval.

b.

Level 3 (DC fast) charging stations. Level 3 charging stations are permitted only in commercial, manufacturing, and multifamily districts when accessory to the primary permitted use.

c.

All necessary building and electrical permits must be obtained prior to the installation of any charging station. Installation thereof shall be subject to permit approval.

(2)

Parking requirements. Developers may request a reduction of the required number of off-street parking spaces by up to ten percent, provided that the number of parking spaces exceeds 25, and the reduction allows for the installation of the corresponding number of level 2 or direct current fast charger (DCFC) EV charging stations.

(Ord. No. 2025-35, § 5, 6-23-2025)