This chapter is adopted for the purposes of:

(1)

Dividing the village into zones or districts, restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses;

(2)

Regulating the intensity of the use of lot areas and regulating and determining the area of open spaces surrounding such buildings;

(3)

Establishing building lines and the location of buildings designed for specified industrial, business, residential and other uses within such areas;

(4)

Fixing standards to which buildings or structures shall conform therein;

(5)

Prohibiting uses, buildings or structures incompatible with the character of such districts, respectively;

(6)

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

(7)

Limiting congestion in the public streets by providing for the off-street parking and loading and unloading of vehicles;

(8)

Providing for the gradual elimination of nonconforming uses of land, building and structures;

(9)

Lessening congestion in the streets to secure safety from fire, panic and other dangers;

(10)

Providing adequate light and air;

(11)

Preventing the overcrowding of land;

(12)

Conserving the taxable value of land and buildings through the village;

(13)

Promoting the public health, safety and general welfare; and

(14)

Prescribing penalties for the violation of this chapter.

(Code 1978, § 5-1-2; Code 1997, § 98-2)

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

Accessory building means a subordinate building or portion of the main building, the use of which is incidental to that of the main building or to the principal use of the premises, including garages, storage sheds, gazebos and pavilions.

Accessory use means a use which is incidental to the principal or main use of the premises.

Addition means an extension or increase in floor area or height of a building or structure.

Adult-use cannabis business establishment means an adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

Adult-use cannabis craft grower means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act. (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use 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, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Adult-use cannabis cultivation centers shall include medical cannabis cultivation centers as defined in this section.

Adult-use cannabis dispensing organization means a facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Adult-use cannabis dispensing organizations shall include medical cannabis dispensing organizations as defined by this section.

Adult-use 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, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis processing organization or processor means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis transporting organization or transporter means an organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Alley means a public or private thoroughfare which affords only a secondary means of access to property abutting thereon.

Alteration, applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities.

Apartment means a room or suite of rooms in a multiple- or two-family dwelling, or where more than one living unit is established above nonresidential uses, intended or designed for use as a residence by a single-family.

Apartment house. See "Dwelling, multiple."

Art gallery means a commercial establishment engaged in the sale, loan or display of paintings, sculpture, video art or other works. The term "art gallery" does not include the term "cultural facility," such as a library, museum or noncommercial gallery that may also display paintings, sculpture, video art or other works.

Assisted living facility means a facility that provides daily assistance and long-term residence for disabled or elderly individuals, but not regular in-patient medical care. The term "assisted living facility" includes a combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of those who need help with activities of daily living, such as dressing, grooming, bathing, etc. The term "assisted living facility" does not include a community residence, independent living facility or nursing home.

Attic means a space between the roof and the next lower ceiling, having an average clear height of less than seven feet.

Automobile service station means a business where fuel for motor vehicles are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles.

Banquet hall means an establishment which is rented by individuals or groups to accommodate private functions, such as banquets, weddings, anniversaries and other similar celebrations. Such use may or may not include:

(1)

Kitchen facilities for the preparation or catering of food;

(2)

The sale of alcoholic beverages for on-premises consumption only during scheduled events and not open to the general public; or

(3)

Outdoor gardens or reception facilities.

Basement means a story having more than one-half its height below grade. A basement shall not be counted as a story for the purpose of height.

Boardinghouse. See "Lodginghouse."

Building. See "Structure."

Building, height of, means the vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof for flat roofs; to the deck line for mansard roofs, and to the mean height level (between eaves and ridge) for gable and hip roofs. Where a building is located upon a terrace or slope, the height may be measured from the average ground level at the building wall.

Cannabis accessories means equipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing and containing cannabis as well as ingesting, inhaling or otherwise introducing cannabis into the human body.

Cannabis products means products that have been manufactured and contain cannabis or an extract from cannabis, including concentrated forms of cannabis and products composed of cannabis and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.

Cellar. See "Basement."

Community residence means a group residence consisting of a group home or specialized residential care home licensed, certified or accredited by the appropriate state or federal agencies, and serving as a single housekeeping unit for the housing of unrelated persons with functional disabilities who share responsibilities, meals, recreation, social activities and other aspects of residential living. The term "community residence" does not include a residence which services persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse, nor does it include a nursing or medical facility.

Cultural facility means a use that is open to the public and provides cultural services and facilities including, but not limited to, museums, cultural centers, historical societies and libraries operated by a public, private or non-profit organization.

Day care center, child or adult, means a facility, other than within a residential dwelling unit, providing care for more than three children, or elderly or functionally-impaired adults in a protective setting for less than 24 hours per day. This use does not include a program operated by a place of worship that provides care in a protective setting for less than 24 hours per day.

District means a section or sections of the village for which the regulations governing the use, height and bulk of buildings and premises are uniform.

Drive-in restaurant means a food service establishment, with or without interior facilities for eating, which caters to and permits the consumption of food either in the customer's automobile parked on the premises, or in any other designated area on the premises outside the establishment where the food is so prepared.

Drive-through facility means premises used to provide or dispense products or services through an attendant, window or automated machine, to persons remaining in motor vehicles in a designated stacking aisle. A drive-through facility may be in combination with other uses, such as a financial institution, personal services establishment, retail goods establishment or restaurant. An automobile service station or motor vehicle service and repair shall not be considered to maintain a drive-through facility.

Dwelling means a building, or portion thereof, but not a trailer or mobile home, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings and multiple-family dwellings, but not including hotels, motels or lodginghouses or boardinghouses.

Dwelling, above the ground floor means dwelling units within multi-story buildings located above nonresidential uses on the ground floor.

Dwelling, attached, means a building, or portion thereof, joined to another dwelling at one or more sides by a party wall or walls.

Dwelling, detached, means a building, or portion thereof, entirely surrounded by open space on the same lot.

Dwelling, multiple-family, means a building containing three or more individual dwelling units with varying arrangements of party walls and entrances where each dwelling unit has an individual entrance to a common hallway or the outdoors.

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

Dwelling unit means one or more rooms which are arranged, designed or used as living quarters for one family only.

Educational facility, vocational school, means a school established to provide for the teaching of industrial, clerical, managerial or artistic skills.

Efficiency unit means a dwelling unit consisting of one principal room exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room, providing such dining alcove does not exceed 125 square feet in area.

Entertainment facility, indoor, means predominantly spectator uses conducted within an enclosed building including, but not limited to, movie theaters and sport or game matches or exhibitions. The term "indoor entertainment" includes accessory uses, such as snack bars or refreshment stands, which are designed and intended primarily for the use of patrons. The term "indoor entertainment" does not include indoor recreation. "The term "indoor entertainment" is distinguished from indoor recreation in that the predominant use is spectator-oriented and not participatory.

Family means one or more persons occupying premises and living as a single-housekeeping unit, with one kitchen constituting the cooking facilities for the unit, whether or not related to each other by birth, adoption or marriage; but no unrelated group shall consist of more than three persons, as distinguished from a group occupying a boardinghouse, lodginghouse, or hotel/motel, as defined in this section.

Farm means an area which is used for the growing of the usual farm products such as vegetables, fruit, trees, and grain and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals for the use or consumption of the person or persons operating the farm. The term "farming" includes the operating of such an area for one or more of the uses enumerated in this definition, including the necessary accessory uses for treating or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, and provided that the term "farming" does not include the feeding of garbage or offal to swine or other animals.

Farmer's market means a market for the seasonal selling or offering for sale of home-grown vegetables or produce, occurring where the vendors are generally individuals who have raised the vegetables or produce or have taken the same on consignment for retail sale.

Financial institution means a bank, savings and loan, credit union, mortgage office, or automated teller machine (ATM).

Floor area for determining floor area ratio (density) means the floor area of a building is the sum of the gross horizontal areas of all of the floors of the building measured from the exterior faces of the exterior walls or from the centerline of the walls separating two buildings. The floor area of a building shall include basement floor area when more than half of the basement height is above the established curb level or above the finished lot grade level where curb level has not been established, elevator shafts and stairwells, floor space used for mechanical equipment except equipment located on the roof, attic space having headroom of seven feet or more, interior balconies and mezzanines and enclosed porches and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading for commercial use shall not be included in floor area.

Floor area for determining off-street parking and loading requirements means the sum of the gross horizontal areas of all of the several floors of the building or portion thereof.

Frontage means all property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

Garage, private, means an accessory building housing motor driven vehicles, including not more than one commercial vehicle of not more than three ton capacity, but not including the sale of motor fuel and oil or the repair of motor vehicles.

Garage, public means a building used for the housing, hiring, storing, equipping and repairing of motor driven vehicles.

Government facility means a building or structure owned, operated or occupied by a governmental agency to provide a governmental service to the public. The term "government facility" shall include public safety facilities and public works facilities, but shall not include park district field houses or recreation centers, which would be considered open space, or school buildings.

Grade means:

(1)

For buildings having walls adjoining one street only and within 20 feet of the street line, the established elevation of the sidewalk at the center of the wall adjoining the street.

(2)

For buildings having walls adjoining more than one street and within 20 feet of the street line, the average of the established elevation of the sidewalk at the centers of all walls adjoining the streets.

(3)

For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Greenhouse/nursery means a retail business whose principal activity is the selling of plants grown on the site and having outside storage, growing or display.

Home occupation means an occupation carried on in a dwelling unit by the resident, where the use of the dwelling unit for the occupation is secondary to the use of the dwelling unit for residential purposes.

Hotel/motel means an establishment providing, for a fee, sleeping accommodations and customary lodging services, including maid service, furnishing, bed linens and telephone and desk service. Related ancillary uses may include, but shall not be limited to, conference and meeting rooms, restaurants, bars and recreational facilities.

Independent living facility means a residential complex containing dwellings where the occupancy is limited to persons who are 55 years of age or older or, if two persons occupy a unit, at least one shall be 55 years or older. Such facilities may include common areas for meals and socializing, offer minimal convenience services, but exclude institutional care such as medical or nursing care. The term "independent living facility" does not include the term "assisted living facility," "community residence" or "nursing home."

Land coverage means the land coverage ratio of the building or buildings on any lot is the floor area of the building or buildings and all accessory buildings on that lot divided by the area of such lot, or, in the case of planned developments, by the net site area after deducting street dedications.

Loading berth means the ground area occupied or provided for a truck to unload at a deck or door.

Lodginghouse means a building or place where lodging is provided (or which is equipped regularly to provide lodging) by prearrangement for a definite period, for compensation, for three or more, but not exceeding eight individuals, not open to transient guests, in contradistinction to hotels open to transients, and not including convalescent or rest homes.

Lot means a parcel of land occupied or intended for occupancy by a use permitted in this article, including one main building together with its accessory buildings, the open spaces and parking spaces required by this article and having its principal frontage upon a street.

Lot, corner, means a lot abutting upon two or more rights-of-way at their intersection.

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

Lot, double frontage, means a lot having a frontage of two nonintersecting streets, as distinguished from a corner lot.

Lot of record, when referred to in this chapter, means and refers to a parcel of land which is a designated lot created and delineated in a duly recorded plat of subdivision.

Medical cannabis cultivation center means an establishment operated by an organization or business that is registered by the department of agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis. Medical cannabis cultivation centers shall meet all state regulations and all regulations found in the Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1, et seq., as amended from time to time, including but not limited to zoning distance regulations, and shall not be located less than 1,000 feet from a public park or public recreation facility.

Medical cannabis dispensing organizations means an establishment operated by an organization or business that is registered by the department of financial and professional regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia or related supplies and educational materials to registered qualifying patients. Medical cannabis dispensing organizations shall meet all state regulations and all regulations found in the Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1, et. seq., as amended from time to time, including but not limited to zoning distance regulations, and shall not be located less than 1,000 feet from a public park or public recreation facility.

Medical/dental clinic means a facility operated by one or more physicians, dentists, chiropractors or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis. The term "medical/dental clinics" also includes alternative medicine clinics, such as acupuncture, and physical therapy offices.

Mobile home park means any area or premises on which are parked two or more mobile homes or trailers or any premises on which space for parking of mobile homes or trailers is rented, or held out for rent, or on which free occupancy or camping is permitted to the owners or users of mobile homes or trailers for the purpose of securing their trade. The term "mobile home park" does not include sales lots on which unoccupied mobile homes or trailers, whether new or used, are parked for the purposes of inspection and sale.

Motor vehicle dealership means any business establishment that sells or leases new or used automobiles, trucks, vans, trailers, recreational vehicles, boats or motorcycles, or other similar motorized transportation vehicles. An automobile dealership may maintain an inventory of the vehicles for sale or lease either onsite or at a nearby location, and may provide on-site facilities for the repair and service of the vehicles sold or leased by the dealership.

Motor vehicle rental establishment means rental of automobiles and light trucks and vans, including incidental parking and servicing of rental vehicles.

Motor vehicle service and repair includes, but shall not be limited to, establishments involved in repairs to motor vehicles, including repair or replacement of cooling, electrical, fuel and exhaust systems, brake adjustments, relining and repairs, wheel servicing, alignment and balancing, repair and replacement of shock absorbers, and replacement or adjustment of mufflers and tail pipes, hoses, belts, light bulbs, fuses, windshield wipers/wiper blades, grease retainers, wheel bearings, and the like. The term "motor vehicle service and repair" includes establishments where gasoline or fuel oil, and oil, grease, batteries, tires and automobile accessories are sold in addition to the repair facilities.

Nonconforming use means any building or land lawfully occupied by a use at the time of passage of the original zoning ordinance from which this chapter is derived or any amendment thereto, which does not conform after the passage of the zoning ordinance from which this chapter is derived or amendment thereto with the use regulations of the district in which it is situated.

Nursing home means a facility providing bed care and inpatient services on a 24-hour per day basis for persons requiring regular medical attention. The term "nursing home" excludes a facility providing surgical or emergency medical services, or a facility providing care for alcoholism, drug addiction, mental disease or communicable disease. The term "nursing home" does not include community residence, independent living facility, or assisted living facility.

Office means a use that engages in the processing, manipulation or application of business information or professional expertise. Such an office may or may not offer services to the public. An office is not materially involved in fabricating, assembling or warehousing of physical products for the retail or wholesale market, nor is an office engaged in the repair of products or retail services. It is characteristic of an office that retail or wholesale goods are not shown on the premises to a customer. Examples include, but are not limited to, professional offices for non-profit organizations, advertising, accounting, investment services, insurance, contracting, architecture, planning, engineering, legal services and real estate services. The term "office" does not include government offices, which are considered a government facility.

Outdoor dining means a seating area located outdoors of a contiguous restaurant, usually in addition to an indoor seating area. Outdoor seating areas for tavern/bars, typically referred to as a beer garden, are considered outdoor dining.

Park/playground means a noncommercial, not-for-profit facility designed to serve the recreation needs of the residents of the community. The term "parks" includes, but are not limited to, ballfields, football fields, soccer fields, basketball courts, playgrounds and park district field houses that may have indoor recreation facilities.

Parking space means a concrete or black-topped surface area, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one standard automobile, and if the space is unenclosed, comprising an area of not less than 200 square feet, exclusive of a concrete or black-topped surface driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile.

Personal services establishment means an establishment or place of business primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty shops, barbershops, tanning salons, animal grooming establishments, massage parlors, shoe repair, laundromats, dry cleaners and tailors.

Planned development means the development of a land area as a single unified development, where certain zoning regulations, such as bulk and use standards, may be modified to allow for more flexible planning in conformance with the planned development standards and approval processes.

Recreation, indoor means predominantly participant uses where recreational activities or games of skill are conducted within a wholly enclosed building including, but not limited to, a bowling alley, pool hall, indoor miniature golf course, indoor child's play facility, arcade, indoor tennis courts, indoor swimming pools, physical fitness establishments, or similar uses. The term "indoor recreation facility" includes accessory uses, such as snack bars or refreshment stands that are designed and intended primarily for the use of patrons. The term "indoor recreation" may also include those establishments that maintain a restaurant on the premises for patrons of the establishment. The term "indoor recreation" does not include indoor entertainment. Park district field houses with indoor recreation facilities are not considered indoor recreation.

Research and development facility means an establishment where research and development is conducted in industries that include, but are not limited to, biotechnology, pharmaceuticals, medical instrumentation or supplies, communications and information technology, electronics and instrumentation, and computer hardware and software. The term "research and development facility" does not involve the manufacture, fabrication, processing or sale of products.

Restaurant means a structure in which the principal use is the preparation and sale of food and beverages for consumption on the premises or for carry-out. The term "restaurant" does not include accessory restaurants, snack bars or refreshment stands accessory to indoor entertainment facility and indoor recreation facility.

Retail goods establishment means a commercial enterprise that provides physical goods, products or merchandise directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. The term "retail goods establishment" does not include any adult uses or pawn shops.

Roominghouse. See "Lodginghouse."

Rowhouse means a group of single-family dwellings having a common wall, without openings, between two units. For purposes of this chapter, the term "row house" is considered as a multiple dwelling.

Self-storage facility means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property.

Shelter, fallout, means a structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, air raids, storms or other emergencies, and shall be considered as an accessory use, if not as an integral part, of the principal structure on a lot.

Sign, advertising, means a sign including a billboard which directs attention to a business, commodity, service or entertainment or other activity not exclusively related to the premises where such sign is located or to which it is affixed.

Sign, business, means a sign which directs attention to a business, profession, product, activity or service conducted, sold or offered on the premises where such sign is located.

Storage shed, means an accessory building that provides storage area for gardening equipment, domestic or household articles only.

Story means that portion of a building other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it, including a story which has more than one-half of its height above grade.

Story, half, means a space under a sloping roof having an average clear height of seven feet six inches over not more than 60 percent of the floor area.

Street means all property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to easements therefor.

Street line means a dividing line between a lot, parcel or tract of land and a contiguous street.

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Structure means anything constructed or erected, the use of which requires permanent or temporary location on or in the ground or attached to something, has a permanent or temporary location on or in the ground, including but without limiting the generality of the foregoing: buildings, advertising signs, backstops for tennis courts, billboards, pergolas and swimming pools; provided, however, that this definition shall not include underground tanks for the storage of any type of fuel.

Swimming pool means any temporary or permanent artificial pool or receptacle for water installed, constructed or maintained in, on or above the ground (not including those enclosed and located entirely within a dwelling) which does not exceed 250 square feet or a depth of more than two feet at any point. A swimming pool shall be considered to be a main building and use; provided, however, that a swimming pool may be considered to be an accessory use customarily incident to a dwelling when located on the same lot therewith and designed and used for swimming or bathing in connection with such dwelling solely by the persons living therein or their private guests. No swimming pool designed or used for any commercial or other nonresidential purpose shall be considered to be an accessory building or use customarily incident to a dwelling.

Tavern/bar means an establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises. Snack foods or other prepared food may be available for consumption on the premises as an accessory use only.

Trailer. See "Mobile home."

Use, change of, means an alteration by change of use in a building heretofore existing to a new use group which imposes other special provisions of law governing building and zoning.

Utility, private means utilities that are not subject to village acceptance for operation or maintenance. The term "private utilities" includes natural gas lines, power lines, telephone lines, cable television lines, fiber optic lines and other communication lines, their appurtenances and components and the utility companies' operation, maintenance, repair and replacement of same. Aboveground private utility structures, such as pedestals for cable wire access or other access points for underground infrastructure (communications wiring, fiber optic, etc.) shall be considered a private utility.

Wireless telecommunications antenna means a specific device, the surface of which is used to transmit or receive radio-frequency signals, microwave signals, or other signals transmitted to or from other antennas.

Wireless telecommunications facility means an un-staffed structure used to house and protect the equipment necessary for processing telecommunications signals, which may include air conditioning equipment and emergency generators.

Wireless telecommunications tower means a structure designed and constructed to support one or more wireless telecommunications antennas and including all appurtenant devices attached to it. A tower can be freestanding (solely self-supported by attachment to the ground) or supported (attached directly to the ground and with guy wires) of either lattice or monopole construction.

Yard means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this chapter. In measuring a yard for the purpose of determining the width of a side yard, the depth of the front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the nearest vertical projection shall be used.

Yard, front, means a yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projection of the usual steps.

Yard, rear, means a yard extending across the rear of a lot, between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

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

(Code 1978, § 5-2-1; Code 1997, § 98-25; Ord. No. 02-11-19, § 2, 11-4-2002; Ord. No. 10-01-05, § 1, 1-19-2010; Ord. No. 12-10-22, § 2, 10-16-2012; Ord. No. 14-06-08, § 1, 6-3-2014; Ord. No. 19-12-22, § 3, 12-3-2019; Ord. No. 20-08-18, § 3, 8-11-2020; Ord. No. 21-07-17, § 4, § 7-13-2021; Ord. No. 22-07-10, § 4, 7-12-2022; Ord. No. 22-08-11, § 4, 8-2-2022)

(a)

Districts established. In order to regulate and limit the use of lot areas and buildings, the erection, restoration and alteration of buildings, and the erection of additions thereto, to classify, regulate and restrict the location of trades, industries and the location of buildings for specified uses; to regulate and limit the height and bulk of buildings so as to secure adequate light, pure air and safety from fires and other dangers; to conserve the taxable value of lands and buildings throughout the village; to lessen or avoid congestion in public streets; and to otherwise promote the public health, safety, comfort, morals and welfare, the village is hereby divided into 11 districts as follows:

(b)

Boundaries. The boundaries of the districts are as indicated on the zoning map of the village, a copy of which is on file in the office of the village clerk in the village hall, and is identified on its face as part of this title, and the zoning map, with all notations, references and other matters thereon, is as much a part of this chapter as if such notations, references and other matters were specifically set forth herein. No building shall be erected or altered, nor shall any building or premises be used for any purpose other than is permitted in the district in which the building or premises is located, except buildings relating to nonconforming uses. In the event uncertainties exist with respect to the intended boundaries of the various districts as shown on the zoning map, the following rules shall apply:

(1)

The district boundaries are the centerlines of streets unless otherwise indicated, and where the designation of a boundary line on the zoning map coincides with the location of a street, the centerline of such street shall be construed to be the boundary of such districts.

(2)

Where the district boundaries do not coincide with the location of streets, but do coincide with lot lines, such lot lines shall be construed to be the boundary of such districts.

(3)

Where the district boundaries do not coincide with the location of streets or lot lines, the district boundaries shall be determined by the use of the scale indicated on the zoning map.

(Code 1978, § 5-1-3; Code 1997, § 98-3; Ord. No. 02-11-19, § 1, 11-4-2002)

(a)

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

(b)

Height limits. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.

(c)

Area regulations. No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.

(d)

Yards. The following shall be the requirements for yards:

(1)

The minimum yards and other open spaces, including lot area per family, required by this chapter for each and every building existing at the time of passage hereof or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building.

(2)

The front yard requirements on both streets of a corner lot shall be observed for all buildings and structures, including accessory buildings.

(e)

Lots. The following shall be the requirements for lots:

(1)

Location on lots required. Every building hereafter erected or structurally altered shall be located on a lot as defined in this chapter, and in no case shall there be more than one main building on a lot unless otherwise specified and provided in this article.

(2)

Lots of record. No building permit shall be issued on any substandard lot, which lot was of record at the time of the adoption of the ordinance from which this chapter is derived, unless the lot or a combination of existing lots equals 50 feet in lot width and 6,250 square feet of lot area.

(f)

Accessory buildings. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced.

(g)

Temporary buildings. Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but such temporary buildings shall be removed upon completion of the construction work.

(h)

Basements. No basement in any multi family dwelling shall be used for nor shall it contain any quarters for sleeping or cooking, unless in compliance with section 12-82(e).

(i)

Half stories. No half story shall contain cooking facilities and any space therein may be used only by the family living on the floor immediately below.

(j)

Water and sewer connections. All buildings erected or altered shall be served by the water and sanitary sewer systems of the village.

(k)

Regulation of use variation. Where a use appears or a variation is granted to allow a use in a zoning district and the use is not specifically regulated in that district, then the use shall be regulated by the zoning district regulations in which the use is specifically regulated, except as may be modified by the planning and development commission.

(Code 1978, § 5-1-4; Code 1997, § 98-4; Ord. No. 21-06-11, § 4, 6-1-2021)

Any area annexed to the village shall, upon annexation, be automatically zoned in the appropriate classification as shown in the official plan as adopted by the board of trustees. If no zoning is indicated in the official plan, then any area annexed to the village shall, upon annexation, retain its zoning classification as existed prior to the annexation. The planning and development commission shall submit recommendations for the zoning of annexed areas within 90 days after the effective date of annexation.

(Code 1978, § 5-1-5; Code 1997, § 98-5)

The following types of buildings or structures may be erected within the fire district:

(1)

Temporary one-story frame construction sheds for use of builders;

(2)

Temporary one-story frame buildings for business use with sides covered with incombustible material and with an area not exceeding 500 square feet. Such structure shall be removed by the owner or person in control thereof within one year from the date of issuance of the permit therefor, and each day any such structure is permitted to remain after the expiration of such year shall constitute a separate violation of this section;

(3)

Wooden fences not over six feet in height in residential areas and not over eight feet in height in industrial and commercial areas;

(4)

Piazzas or balconies not exceeding ten feet in width nor extending more than three feet above the second-story floor beams. No such structures shall extend beyond the lot line or be joined to any similar structures of another building;

(5)

Bay windows when covered with combustible material;

(6)

Frame garages;

(7)

Buildings in the M-1 district known as "the park" may be manufactured metal buildings installed to manufacturers' specifications.

(Code 1978, § 5-1-6; Code 1997, § 98-6; Ord. No. 96-10-22, § 1, 10-8-1996; Ord. No. 22-05-08, § 4, 5-17-2022)

It shall be the policy of the village to rezone in the appropriate zoning classification residential property immediately contiguous to existing commercial zoning created by ordinance when extension of the commercial use is contemplated, provided the following conditions exist:

(1)

The commercial use requesting zoning in depth needs the additional zoning in order to meet the parking, loading and yard requirements of this chapter;

(2)

The residential property proposed for rezoning extends no deeper than two residential lots, not to exceed a combined total of 100 feet, from the lot line of the commercial use or from an alley contiguous to the commercial use;

(3)

The commercial use creates a landscaped area, fenced or hedged, of not less than five feet immediately adjacent to all residential property or to an alley which serves residential property. Such landscaped buffer zone shall not be used for parking, storage of containers or any use accessory to the commercial use but shall be maintained as a green strip buffer for the protection of the residential property.

(Code 1978, § 5-1-7; Code 1997, § 98-7)