This ordinance shall be known, cited and referred to as the "Crete Zoning Ordinance".

(Ord. No. 850, Art. 1, 5-24-82)

The following rules shall be observed and applied in the interpretation of this chapter except when the text clearly indicates otherwise.

(1)

The word "lot" shall include plot and parcel.

(2)

The words "building and/or structures" shall include all non-living improvements upon the land.

(3)

The phrase "used for" shall include the phrases "designed for", "intended for", "occupied for or by", and "maintained for".

(4)

The masculine gender shall include the feminine and neuter genders.

(Ord. No. 850, § 12.0, 5-24-82)

The following words and terms, when used in this chapter, shall have the meaning set forth below, except where otherwise specifically indicated.

Abutting: To have a common property line or district line.

Accessory building or use: A building or use which:

(1)

Is subordinate to and serves a principal building or principal use.

(2)

Is subordinate in area, extent or purpose to the principal building or principal use served.

(3)

Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served.

(4)

Is located on the same zoning lot as the principal building or potential use served with the single exception of such accessory off street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

Adjacent: Lying near or in the immediate vicinity.

Adjoining: Touching or contiguous, as distinguished from lying near.

Advertising: See "sign."

Aerials or antennas: Structures or devices used to detect or radiate electromagnetic waves; specifically that part of a radar or of a radio-sending or radio-receiving set that consists of that apparatus that radiates waves or receives them. Structures shall not be located in the front yard or side yard of a residence or business district and shall not exceed the height limitation established by the Federal Communications Commission.

Agriculture: The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. Included are truck-farming, poultry farming, beekeeping, raising of fruit and berries, and the selling of agricultural products, but shall not include mechanized industrial animal farms. "Agriculture" shall not include the commercial feeding of garbage to swine or other animals.

Agricultural building or structure: Any building or structure existing or erected on land used principally for agricultural purposes, with the exception of dwelling units.

Alley: A public or private way, at the rear or side of property, permanently reserved as a means of secondary vehicular access to abutting property. Frontage on the alley shall not be construed as satisfying the requirements of this chapter related to frontage on a dedicated street.

Alteration: Any change in size, shape, character, occupancy or use of a building or structure.

Animal hospital: Any building or portion thereof designed or used for the care, observation, or treatment of domestic animals.

Apartment: See "dwelling unit."

Apartment building: See "dwelling, multifamily."

Arterial street: See "road classifications."

Auditorium: A room hall or building made a part of a church, theatre, school, recreation building, or building assigned to the gathering of people as an audience to hear lectures, plays and other presentations.

Automobile laundry: A building or portion thereof, containing facilities for washing more than two automobiles, providing space, water, equipment or soap for the washing of automobiles by the operator or customer. Production line methods using mechanical devices are permitted.

Automobile repair, major: The general repair, engine rebuilding or reconditioning of motor vehicles, collision service; such as body, frame and fender straightening and repair and painting of motor vehicles.

Auto repair, minor: Incidental repairs, replacement of parts and motor service to automobiles but excluding any operation specified under "automobile repair, major."

Automobile service station: Any building or premises used for the dispensing, sale or offering for sale at retail to the public, automobile fuels stored only in underground tanks and located wholly within the lot lines; lubricating oil or grease for the operation of automobiles; and the sale and installation of tires, batteries, other minor accessories, and minor auto repair, but not including a bulk plant, conduct of major auto repairs, automobile wrecking, automobile sales or automobile laundries; provided, however, that the washing of individual's automobiles where no chain conveyor is employed may be included.

Awning: A rooflike cover, temporary in nature, which projects from the wall of a building or overhangs the public way.

B & B operator: The owner of a bed and breakfast who is required to reside within the dwelling which houses the bed and breakfast operation.

Banquet hall: A building, or portion thereof, primarily intended to accommodate large groups of diners on special occasions.

Basement: That portion of a building having more than one-half of its height below lot grade.

Basement—Subgrade: That portion of a building which is partly underground but has at least one-half of its average height above lot grade.

Battery energy storage facility: One or more battery cells for storing electrical energy in a battery energy storage system ("BESS") with a battery management system ("BMS").

Battery energy storage system: A physical container providing secondary containment to battery cells that is equipped with cooling, ventilation, fire suppression, and a battery management system.

Battery management system: An electronic regulator that manages a battery energy storage system by monitoring individual battery module voltages and temperatures, container temperature and humidity, off-gassing of combustible gas, fire, ground fault and DC surge, and door access, and capable of automatically shutting down the system if necessary to prevent operation outside safe parameters.

Bed and breakfast: An operator-occupied, single-family dwelling providing accommodations for charge to the public for not longer than a 30-day period or greater than 60 days in a year which operation and which charge includes providing breakfast to the guests only.

Billboard: See "sign, advertising."

Block: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, municipal boundary lines, township lines, or county lines.

Buildable area: The area of a lot remaining after the minimum open space and/or yard requirements of this chapter have been complied with.

Building: Any structure built, used, designed, or intended for the support, shelter, protection, or enclosure of persons, animals, chattels, or property of any kind, and which is permanently affixed to the land. When a building is divided into separate parts by unpierced fire or party walls extending continuously from the ground through all stories to and above the roof, each part shall be deemed a separate building.

Building, detached: A building surrounded by an open space on the same lot.

Building height: The vertical distance from the sidewalk level, or its equivalent established grade opposite the center of the front of a building to the highest point of the underside of the ceiling beams, in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip or gambrel roof. Where no sidewalk level has been established, the height of a building may be measured from the mean elevation of the finished lot grade at the front of the building. (See illustration in article XX.)

Building permit: A permit issued by the building inspector for the construction, erection or alteration of a structure or building.

Building, principal: A nonaccessory building in which a principal use of the lot on which it is located is conducted.

Building, residential: Any building that is used exclusively for permitted residential uses.

Building setback line: The minimum distance between a street right-of-way and the nearest supporting member of any structure on the lot.

Bulk: The term used to indicate the size and setbacks of buildings or structures and their location with respect to one another and includes:

(1)

Height and area of buildings.

(2)

Location of exterior walls in relation to lot lines, streets, or other buildings.

(3)

Gross floor area of buildings in relation to lot area (floor area ratio).

(4)

All open space allocated to buildings.

(5)

Amount of lot area required for each dwelling unit.

Business: An occupation, employment, or enterprise which occupies time, attention, labor, and materials; or wherein merchandise is exhibited or sold, or where services are offered.

Business street: See "road classifications."

Cannabis regulation:

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

Adult-use cannabis craft grower: 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: 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 dispensing organization: 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 infuser organization or infuser: A facility operated by an organization of 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: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constitute 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: 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.

Canopy: A roof-like structure projecting from a wall and supported in whole or in part by vertical supports to the ground, and erected primarily to provide shelter from the weather.

Carport: An open-sided, roofed automobile shelter, usually formed by extension of the roof from the side of a building.

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

Certificate of deposit: See "guarantee of improvements."

Child care center: Day care centers which receive preschool or school age children, or both, for short-term or extended hours of care, or out of school hours, and which provide essential personal care, protection, supervision, training, and programs to meet the needs of the children served.

Clinic, medical or dental: An organization of specializing physicians or dentists, or both, who have their offices in a common building. A clinic shall not include inpatient care.

Collector street: See "road classifications."

Common open space: Land unoccupied by structures, buildings, streets, rights-of-way and automobile parking lots and designed and intended for the use or enjoyment of residents of a planned development. Common open space may contain structures for recreational use. No area within 30 feet of any building or structure except a structure used for recreational use shall be includable as common open space.

Condominium: A form of cooperative ownership which permits individual ownership of a specific part of a building, with common ownership of all spaces beyond the specific apartments. Each apartment can be owned in fee simple, with no restrictions on the sale, rental, or transfer of same, other than restrictions on all real estate. Condominiums must meet requirements of the Illinois law.

Conforming building or conforming structure: Any building or structure which:

(1)

Complies with all the regulations of this chapter or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; or

(2)

Is designed or intended for a conforming use.

Corner lot: See Lot, corner.

Convalescent home: See "nursing home," "home for the aged," "homes for ill or physically infirm persons"—related definitions, "hospital," "intermediate care facility," "sheltered care facility," "sheltered care house" and "skilled nursing facility."

Court: An open unoccupied space other than a yard on the same lot with a building, which is totally or partially enclosed by building or buildings and is completely open to the sky.

Curb level: The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the "curb level" shall be the average of the levels of the curbs at the center front of each street. Where no curb elevation has been established, the level of the centerline of the street shall be considered the "curb level".

Day care center: Any child day care facility receiving more than eight children for daytime care during all or part of the day. The term "day care center" includes facilities called "child care centers," "day nurseries," "nursery schools," "kindergartens," "play groups," and "centers or workshops for mentally or physically handicapped" with or without stated educational purposes. The term does not include:

(1)

Kindergartens or nursery schools or other daytime programs operated by public or private elementary school systems or secondary level school units or institutions of higher learning;

(2)

Facilities operated in connection with a shopping center or service, or other similar facility, where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises, or are in the immediate vicinity and readily available;

(3)

Any type of day care center that is conducted on federal government premises; or

(4)

Special activities programs, including athletics, crafts instruction, and similar activities conducted on an organized and periodic basis by civic, charitable, and governmental organizations.

Day nurseries: Day care centers which receive preschool age children for short-term or extended hours of care, and which provide essential personal care, protection, supervision, training, and programs to meet the needs of the individual children served.

Dedicated street: See "road classifications."

Density, gross: The numerical value obtained by dividing the total dwelling units in a development by the gross area of the tract of land upon which the dwelling units are located.

Density, net: The numerical value obtained by dividing the total dwelling units in a development by the net area of the residential tract and permanent open space. Streets, alleys, utilities and other nonresidential uses shall not be included.

Drive-in establishment: An establishment which is designed to provide, either wholly or in part, service to customers while in their automobiles parked upon the premises.

Dwelling: A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units, and multiple-family dwelling units, but not including hotels, boarding or lodging houses.

Dwelling unit: One or more rooms in a dwelling or apartment hotel designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities.

Dwelling, attached: A dwelling containing two or more dwelling units and joined to other dwellings by party wall or walls, originally constructed for said purposes.

Dwelling, converted: Any building which was originally designed and constructed as one, two or three-family dwelling, but which has been changed or altered by the construction of additional dwelling units to provide for more families than the original building.

Dwelling detached: A dwelling unit which is surrounded on all sides by open space on the same lot.

Dwelling, multiple-family: A dwelling containing three or more dwelling units, originally constructed for said purpose, and not including converted dwellings.

Dwelling, semi-attached: A dwelling which is jointed to another dwelling by a garage, carport, recreation structures, or other nonresidential facility.

Dwelling, single-family: A dwelling containing accommodations for and occupied only by one family.

Dwelling, two-family: A building designed exclusively for occupancy by two families living independently of each other.

Educational institution: A public, parochial, charitable or nonprofit junior college, college or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.

Efficiency unit: A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closet or dining alcove directly off the principal room.

Essential services: Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, storm water drainage and communication systems and accessories thereto, such as poles, towers, wires, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, hydrants, etc., but not including buildings that do not need to be in the immediate area of the uses they service.

Excavation: Any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.

Existing grade: The vertical location of the existing ground surface prior to excavation or filling.

Family: An individual, or two or more persons related by blood, marriage or adoption, or a group of not more than five persons (excluding servants), not related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit, but not including sororities, fraternities or other similar organizations.

Farm: Land being used for agricultural purposes.

Farm homestead: The building located on a farm that is the residence of the farm owner or tenant operator.

Fast-food restaurant: See "restaurant, fast-food."

Fence: Any construction of wood, metal, wire mesh, masonry or other material erected for the purpose of assuring privacy, protection or restraining animals.

Fence, decorative: A fence intended primarily for aesthetic purposes. Such fences shall at 50 percent of the overall dimensions open affording a direct view through those portions of the fence.

Flood base elevation: That elevation of the highest flood of record, determined by the village engineer's record of the elevations of the highest flood at locations as indicated on the floodplain map of the village on file in the office of the village clerk. Flood base elevations at intermediate locations shall be interpolated along the watercourse between the two nearest flood base elevations, one for each upstream and downstream. The controlling flood base elevation for any building site shall be the same as the flood base elevation at the nearest point of the watercourse.

Floodplain: That area of land adjoining a watercourse or other body of water which has been or may be hereafter covered by floodwater.

Floodplain map: Any accepted engineering standards or mapping used to delineate the minimum flood base elevations for the village, and may include the following:

(1)

Hydrologic Investigations Atlas, Series HA, as amended from time to time:

(2)

Geologic maps prepared by the Illinois State Geologic Survey;

(3)

Mapping and/or source information from the United States Department of Agriculture, Soil Conservation Service;

(4)

Mapping and/or source information from the Will South Cook Soil and Water Conservation District; and

(5)

Maps of groundwater conditions prepared by the state water survey.

Floodproofing: A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, intended primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area.

Floodway: The channel of the stream or body of water and those portions of the adjoining floodplains designated by the village as necessary to carry and discharge the floodwater flow of any such river, stream, or other body of water.

Floor area (for determining floor area ratio): The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The "floor area of a building" shall include the basement floor area when more than one-half of the basement height is above the established curb level, elevator shafts and stairwells at each flood floor space used for mechanical equipment, (except equipment, open or enclosed, located on the roof), penthouses, attic space having headroom of seven feet, ten inches or more, interior balconies, mezzanines, enclosed porches and floor area devoted to accessory uses.

The "floor area" of structures devoted to bulk storage of materials, including, but not limited to, grain elevators and petroleum storage tanks, shall be determined on the basis of the height of such structures in feet; ten feet in height shall be deemed to be equal to one floor. If a structure measures more than five feet over such floor equivalent, it shall be construed to have an additional floor.

Floor area (for determining off street parking and loading requirements: 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 space such as counters, racks or closets and any floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. (See illustration in article XX).

However, "floor area" for the purposes of measurement for off street parking spaces shall 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 mechanical or storage floor area other than area devoted to retailing activities, to the production of goods, or to business or professional offices.

Floor area ratio (F.A.R.): The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot. The floor area ratio as designated for each district, when multiplied by the lot area in square feet, shall determine the maximum permissible floor area of the building or buildings on the lot. (See illustration in article XX.)

Freeway: See "road classifications."

Frontage: That portion of a lot or parcel directly abutting a dedicated street.

Garage, private: An accessory building or an accessory portion of the principal building which is intended and used to store not more than four private motor vehicles owned by members of the family or families residing upon the premises, provided that not more than one-half of the space may be rented for the storage of private motor vehicles of persons not residing on the premises, except that all the space in a garage of one- or two-car capacity may be so rented. Such a garage may be used for the storage of not more than one commercial truck having a load capacity of three-fourths of a ton or less.

Garage, public: Any building other than a private or a storage garage where motor vehicles are equipped, repaired, serviced, hired, sold, or stored.

Garage, storage: Any building used for the storage only of motor vehicles pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired, or sold. No commercial motor vehicle exceeding two tons capacity shall be stored in any storage garage.

Grade: The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

Grading: Excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.

Grade, street: This term shall have the same meaning as the term "curb level."

Guarantee of improvements: A guarantee to the village that the requirements of this chapter will be met in full by a specified date. Such guarantee can be in the form of a certificate of deposit, irrevocable letter of credit, performance bond or other form that will enable the village to obtain and use funds provided by the permittee to complete the required improvements in the event the permittee fails to do so.

Guesthouse: A small house or cottage that is separate from the main house on a property that is used for the temporary housing of guests not for charge. A guesthouse cannot be used as a rental property.

Hardship: A condition that would result from the strict application of the terms of this chapter, provided the following criteria are met:

(1)

The condition is unique to the property and is not applicable generally to other property within the district;

(2)

The situation was not created by anyone having an interest in the property;

(3)

The request for a hardship variation is not based exclusively on a desire to make more money out of the property;

(4)

The hardship exists due to the particular physical characteristics of the property in question.

Home for the aged: Any home operated not for profit under the auspices of a religious, fraternal, charitable, or other nonprofit organization, or by a county pursuant to an "Act in relation to homes for the aged," approved July 21, 1959, as heretofore, or hereafter amended, or operated not for profit under an endowment, which through its ownership or management, and as its principal objective, provides maintenance, personal care, nursing, or sheltered care to aged persons, and in the conduct of which provides such service or services to three or more persons over 60 years of age.

Home for ill or physically infirm person: A home providing meals, shelter, assistance with personal functions, general supervision and professional nursing assistance for persons because of age or physical or mental disability is incapable of maintaining their own residence and caring for their own needs.

Home occupation: See section 28-264 of article V, Home occupation.

Hospital or sanitarium: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than 24 hours in any week of three or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions.

Hotel: An establishment which is open to transient guests in contradistinction to a boarding, rooming or lodging house, and is commonly known as a hotel in the community in which it is located; and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture, and bellboy service.

Industrial street: See "road classification."

Intermediate care facility: Basic nursing care and other restorative services under periodic medical direction. Many of these services may require skills in administration. Such facilities are for patients who have long-term illness or disabilities which may have reached a relatively stable plateau.

Irrevocable letter of credit: See "guarantee of improvements."

Kindergartens: Day care centers which receive children between the ages of four and six years, and which are established and professionally operated primarily to conduct educational programs for early childhood development.

Laboratory: See "research laboratory."

Land use plan map: The map adopted by the board of trustees detailing the planned usage for the village and its one and one-half-mile jurisdiction.

Livable floor area: All internal floor area of a dwelling unit excluding basements, garages and utility rooms.

Loading and unloading space or berth, off-street: An open, hard-surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys. Such space shall be not less than 12 feet in width, 50 feet in length, and 14 feet in height, exclusive of access aisles and maneuvering space.

Lot: A parcel of land which is either a lot of record or a zoning lot. (See illustration in article XX.)

Lot area, gross: The area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river.

Lot, corner: A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees. (See illustration in article XX.)

Lot depth: The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries. (See illustration in article XX.)

Lot, interior: A lot other than a corner or reversed corner lot. (See illustration in article XX.)

Lot line, corner side: The boundary of a corner lot that abuts a dedicated street other than the front lot line.

Lot line, front: The lot line abutting a dedicated street. In the case of a corner lot, the lot line abutting the street having the least length shall be the front lot line. In the case of a through lot the zoning administrator shall establish the front lot line.

Lot line: See "property line."

Lot line, rear: That boundary of a lot which is most distant from, and is, or is most nearly, parallel to, the front lot line.

Lot line, side: Any boundary of a lot which is not a front lot line or a rear lot line.

Lot of record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the county recorder of deeds or a parcel of land, the deed to which was recorded in the office of the county recorder of deeds prior to May 24, 1982.

Lot, reversed corner: A corner lot the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear. (See illustration in article XX.)

Lot, through (double frontage): A lot having a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot. (See illustration in article XX.)

Lot width: The horizontal distance between the side lot lines of a lot, measured at the narrowest width within the first 30 feet of lot depth immediately in back of the front yard setback line. (See illustration in article XX.)

Lot, zoning: A single tract of land location within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a "zoning lot or lots" may or may not coincide with a lot of record.

Major thoroughfare: See "road classifications."

Marquee: A roof-like structure of a permanent nature which projects from the wall of a building and overhangs the public way.

Medical cannabis dispensing organization: A facility 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, individuals with a provisional registration for qualifying patient cardholder status, or an opioid alternative pilot program participant.

Mezzanine: An intermediate story between the floor and ceiling of a main story and extending over only part of the main floor.

Mobile home: Any vehicle or similar portable structure designed, used or so constructed as to permit its being used as a conveyance upon the public streets and to permit the year-round occupancy thereof for one or more persons.

Mobile home park: A parcel or tract of land developed with facilities for locating three or more mobile homes provided each mobile home contains a kitchen, flush toilet and shower or bath and that such mobile home park shall be for use only by nontransient dwellers remaining continuously for more than one month, whether or not a change is made. It shall not include a sales lot in which motor vehicles or unoccupied trailers are parked for the purpose of inspection or sale.

Motor vehicle repair, major and minor: See "auto repair," major and minor.

Motel: An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient automobile tourists. A motel furnishes customary hotel services such as maid service, and laundering of linen, telephone and secretarial or desk service, and the use and upkeep of furniture. In a motel less than 50 percent of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient persons.

Motor vehicle: Any passenger, vehicle, truck, tractor, tractor-trailers, truck-trailer, trailer or semi-trailer propelled or drawn by mechanical power.

Nonconforming building or structure: A building or structure or portion thereof lawfully existing on May 24, 1984, or at the time of adoption of any amendment thereto, which:

(1)

Was designed, erected or structurally altered for a use that does not conform to the use regulations of the district in which it is located.

(2)

Does not comply with the bulk and other requirements of this chapter in the zoning district in which the building or structure is located.

Nonconforming use: A use which lawfully occupies a building or land on May 24, 1982, or at the time of adoption of any amendment thereto, and which does not conform with the use regulations of the district in which it is located.

Nonconforming vacant lots of record: Vacant lots of record which do not meet the required lot size requirements of the district they are located in.

Nursery schools: Day care centers which receive children between the ages of two and six years and which are established and professionally operated primarily for educational purposes to meet the development needs of the children served.

Nursing home: A private home, institution, building, residence, or other place whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to The County Home Act, as now or hereafter amended, or any similar institution operated by a political subdivision of the state which provides, through its ownership or management, maintenance, personal care, or nursing for three or more persons, not related to the applicant or owner by blood or marriage, or any similar facility in which maintenance is provided to three or more persons who by reason of illness or physical infirmity require personal care or nursing.

Off-street loading: See "loading and unloading space."

Open sales lot: A lot or parcel of land used or occupied for the purpose of buying, selling, or trading of all goods and commodities and including the storage of same prior to sale or exchange.

Open space: Any land developed as yards, parks, recreational areas including community centers, and landscaped green areas and exclusive of areas developed for off-street parking.

Owner: Any individual, corporation, partnership or other legal entity having possessory interest entitled to exclusive possession in land, buildings or possessions.

Parcel: Contiguous land in one ownership.

Park: Land used for active or passive recreation, owned or controlled by a local park district, school district, county forest preserve district, homeowner's association, the village or another governmental entity or nonprofit organization.

Parking area, private: An open, hard-surfaced area, other than a public way or street, designed, arranged and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.

Parking area, public: An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half tons capacity, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.

Parking lot: Public or private land intended for the use as a facility for parking motor vehicles. Parking may be with or without fee.

Parking space, automobile: Space within a public or private parking area of not less than 180 square feet, nine feet by 20 feet exclusive of access drives for the storage of one-passenger automobile or commercial vehicle under one and one-half tons capacity.

Party wall: A common wall which extends from its footing below grade to the underside of the floor and divides buildings.

Performance bond: See "guarantee of improvements."

Performance standard: A criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by, or inherent in, uses of land or buildings. The more frequently used performance criteria include the following:

(1)

Active to intense burning, which is the rate of combustion described by material that burns with a high degree of activity and is consumed rapidly. Examples include sawdust, powdered magnesium and pyroxylin.

(2)

Closed cup flash point, which is the lowest temperature at which a combustible liquid, under prescribed conditions, will give off a flammable vapor which will burn momentarily.

(3)

Decibel, which is a unit which describes the sound pressure level or intensity of sound. A sound level meter is calibrated in decibels.

(4)

Detonable material, which is a material which decomposes by detonation. Such material includes explosives, unstable compounds and fissionable matter.

(5)

Earthborne vibration, which is the periodic displacement, measured in inches of earth.

(6)

Fireproof container, which is an enclosure of steel or concrete but not lead or other low-melting metals or alloys, unless the lead or low-melting metal or alloys are completely encased in steel.

(7)

Flash point, which is the lowest temperature at which a flammable liquid will momentarily burn under prescribed conditions. The tag flash point testers shall be authoritative.

(8)

Footcandle, which is a unit of illumination; technically, the illumination at all points one foot distance from a uniform point source of one candle power.

(9)

Free burning, which implies a rate of combustion described by a material which burns actively, and easily supports combustion.

(10)

Frequency, which signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

(11)

Impact noise, which is a short duration sound such as those from a foregoing hammer or punch press.

(12)

Impulsive noise, which is a sound which is no longer than two seconds in duration, followed by no less than a two-second rest.

(13)

Intense burning, which implies a rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.

(14)

Microcurie, which is one-millionth of a curie, which is a standard unit of radioactivity.

(15)

Moderate burning, which implies a rate of combustion described by material which supports combustion and is consumed slowly as it burns.

(16)

Noxious matter, which is a material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well being of individuals.

(17)

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

(18)

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

(19)

Odorous matter, which is any matter or material that yields an odor which is offensive in any way.

(20)

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

(21)

Preferred frequency octave bands, which are a standardized series of octave bands prescribed by the U.S.A.S.I. in SI.6-1967, Preferred Frequencies for Acoustical Measurements.

(22)

Ringelmann chart, which is a chart on which is described in the U. S. Bureau of Mines Information Circular 6888 or its successor, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke.

(23)

Ringelmann number, which is the shade of smoke as it appears on the standard Ringelmann Chart published by the U. S. Bureau of Mines Information Circular No. 8333 (1967).

(24)

SCF (standard cubic feet), which is the measure of the volume of a gas, at any other conditions, reduced to 1,473 pounds per square inch absolute and 60 degrees Fahrenheit.

(25)

Slow burning or incombustible, which implies materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite, nor actively support combustion during an exposure for five minutes to a temperature of 1,200 degrees Fahrenheit, shall be designed "incombustible".

(26)

Smoke, which is small gasborne particles, other than water, that form a visible plume in the air.

(27)

Sound level of an operation or use, which is the intensity of sound, measured in decibels, produced by such operation or use.

(28)

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

(29)

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

(30)

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

(31)

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

(32)

United States of American Standards Institute (U.S.A.S.I.), which is a national organization promulgating authoritative standards in any technical field. Formerly American Standards Association.

(33)

Vibration, which is the period displacement or oscillation of the earth.

Permanent open space: A contiguous land area that is designed for educational, religious, recreational or institutional purposes, or such land which is recommended for such designation by the village at or before the time of approval of a subdivision or planned development.

Permitted use: A use which may be lawfully established in a particular district or districts provided it conforms with all requirements, regulations, and standards of such district.

Permittee: The person who receives the zoning certificate.

Principal use: The main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be "permitted" or "special."

Planned development: A parcel of land or contiguous parcels of land of a size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the environment of which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located; the developer may be granted relief from specific land-use regulations and design standards and may be awarded certain premiums in return for assurances of an overall quality of development, including any specific features which will be of exceptional benefit to the community as a whole and which would not otherwise be required by this chapter.

Porch: A roofed over structure projecting out from the walls of a main structure and commonly open to the weather in part.

Private road: See "road classifications."

Property line: An imaginary line at the edge or boundary of a zoning lot or line at the boundary of a lot of record.

Public open space: A publicly-owned area; including, but not limited to the following: parks, playgrounds, forest preserves, waterways, parkways and streets.

Public way: Any sidewalk, street, alley, highway or other public thoroughfare.

Public utility: Any person, firm or corporation duly authorized to furnish under regulation to the public, electricity, gas, steam, telephone, telegraph, transportation, water or sewerage systems.

Railroad right-of-way: 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.

Reservoir parking: Off street parking spaces or lot areas allocated to temporary standing motor vehicles awaiting entrance to a particular establishment.

Research laboratory: A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Residential street: See "road classifications."

Restaurant: A business where the dispensing of edible foodstuff and/or beverage on the premises is the principal business operation; including a cafeteria, coffee shop, lunch room, tearoom and dining room, but not including a drive-in or fast food restaurant.

Restaurant, drive-in: A restaurant that dispenses foodstuff and/or beverage to persons in parked or stopped motor vehicles.

Restaurant, fast-food: A restaurant whose principal business is the dispensing of edible foodstuffs and/or beverages in disposable containers to be eaten on the premises or taken out. This type of restaurant is usually self-service.

Retail, retail store: Sale to the ultimate consumer for direct consumption and not for resale.

Right-of-way: Land dedicated for street purposes.

Road classifications: The status of freeways, arterial streets and secondary arterial streets shall be determined by such designation on the land use plan map. For the purposes of this chapter the following definitions shall apply:

(1)

Freeway or expressway: A trafficway providing at least two lanes going each direction with a median strip preventing crossover between the two lanes. Freeways are characterized by high speed travel, limited access to adjoining property owners and generally serve as vehicle transportation routes within an urbanized area or between urban areas or states.

(2)

Arterial street: A trafficway generally providing two lanes going each direction. A median strip may or may not be present. Arterial streets are characterized by moderate to high speed travel, possible limitations on access to adjoining property owners and generally serve as vehicle transportation routes within a region.

(3)

Secondary arterial street: A trafficway providing one or two lanes in each direction. A median strip is rarely present. Secondary arterial streets are characterized by moderate speed travel (higher speeds may be allowed in sparsely populated areas), residential access is discouraged and the length of such streets is limited.

(4)

Major thoroughfare: A trafficway with at least two lanes in each direction. A major thoroughfare may or may not be a freeway, arterial street, secondary arterial street, or collector street.

(5)

Collector street: A street which performs the function of linking the various points of vehicular access along its route and delivering such traffic to an arterial or secondary arterial street.

(6)

Dedicated street: A street where the maintenance responsibility has been accepted by the federal, state, county, township or village governments. The dedication of land for street purposes does not constitute a dedicated street, such land must be improved with a roadway, that is suitable for and accepted by a unit of government as a dedicated street.

(7)

Residential street: A dedicated street within a residential zoning district, excluding freeways, arterial streets and secondary arterial streets.

(8)

Business street: A street within a business district or on the boundary of a business district. A business street may also be an arterial street, secondary arterial street or collector street or major thoroughfare.

(9)

Industrial street: A street developed to serve an industrial district.

(10)

Private road: A trafficway not maintained or owned by a governmental entity.

(11)

Street: Any of the following may also be termed a street: Freeway, arterial street, secondary arterial street, collector street, dedicated street, residential street, business street, industrial street.

For the purposes of this chapter freeways, arterial streets, secondary arterial streets, collector streets, major thoroughfares, residential streets, business streets and industrial streets may meet the requirement for dedicated streets.

Secondary arterial street: See "road classifications."

School: A public or private institution which offers instruction in any of the branches of learning and study comparable to that taught in the public schools under the Illinois school laws, including pre-kindergarten, elementary school, and junior and senior high schools, but excluding trade, business or commercial schools.

Setback: The distance between the exterior lot lines and any structure on the lot.

Shed: A small single story accessory building usually utilized for storage, gardening or hobbies.

Sheltered care facility: A facility which provides care and assistance, supervision overnight, and a suitable activities program. Provisions are made for medical care as necessary. Such facilities are for individuals who do not need nursing care, but do need personal care assistance, supervision, and/or oversight in meeting their daily personal needs.

Sheltered care home: Any county sheltered care home or a sheltered care home operated as part of a county nursing home or a private boarding home, institution, building, residence, or other place, whether operated for profit or not which, through its ownership or management, provides sheltered care to three or more persons who are not related to the applicant or owner by blood or marriage, or any similar facility in which maintenance is provided to three or more persons who by reason of physical infirmity require personal care.

Sign: A name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business.

Sign, advertising (billboard): A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed. Such signs are prohibited.

Sign, freestanding: Any sign independently mounted or mounted on a building and extending more than one foot from the surface of the wall such sign is mounted on. A single freestanding sign may have separate component signs mounted from a common supporting structure. Temporary or mobile signs shall not be considered a freestanding sign.

Sign, surface area: The entire area within a perimeter enclosing the outer limits of a sign face(s). A permitted sign may have two faces arranged back to back or consisting of two sides of a single structure with each of the two such sign faces having the maximum permitted surface areas.

Sign, identification: A sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.

Sign, illuminated: A sign having its own light source.

Sign, political: A temporary sign supporting a candidate for public office or urging action on an issue.

Solar energy system: Any combination of solar panels or solar arrays, including mounting structures, inverters, and other accessory equipment, used for the generation and storage of electricity.

Solar energy system, concentrated: A solar energy system that uses mirrors to reflect and concentrate sunlight onto receivers that collect solar energy and convert it to heat. The thermal energy is then used to produce electricity via a steam turbine or heat engine that drives a generator.

Solar energy system, ground-mounted: Any solar energy system which is not a roof-mounted solar energy system, regardless of how it is mounted.

Solar energy system, roof-mounted: Any solar energy system which is mounted to the roof of any principal or accessory building on a zoned lot.

Special use: A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such use may or may not be granted, subject to the terms of the chapter.

Storage, outdoor: The outdoor accumulation of vehicles, equipment or products, or materials for permanent or temporary holding.

Story: That portion of a building 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. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.

Story, half: That portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than four and one-half feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings, and multiple-family dwellings, less than three stories in height, a half-story in a sloping roof shall not be counted as a story for the purposes of this chapter. In the case of multiple-family dwellings three or more stories in height, a half-story shall be counted as a story.

Street: See "road classifications."

Street line: The division line between private property and a dedicated street.

Structural alteration: Any change, other than incidental repairs which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations.

Structure: Anything constructed or erected which requires location on the ground or is attached to something having location on the ground including a fence or freestanding wall. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a structure.

Structure, temporary: A movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure. A sign, billboard, or other advertising device detached or projecting shall be construed to be a temporary structure.

Swimming pool, private: A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained by an individual for the sole use of his household and guests, without charge for admission, and not for the purpose of profit or in connection with any business operated for profit, located on a lot as an accessory use to a residence.

Swimming pool, public: A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained and operated by a private party for gain; by municipality or other unit of government for the general public whether or not an admission fee is charged.

Tavern, lounge, or bar: A building or portion thereof where liquors are sold to be consumed on the premises but not including restaurants where the principal business is serving food.

Townhouse: A type of multifamily dwelling one or two stories in height, typically the living room, dining room and kitchen are on the ground floor with sleeping rooms on the second floor. Dwelling units typically have a common side wall and are owner occupied.

Trailer: A vehicle without motive power used or adaptable for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, and has been reasonable may be equipped with wheels or other devices for transporting the structure from place to place. The term "trailer" shall include "camp car" and "house car". A permanent foundation shall not change its character unless the entire structure is erected in accordance with the building code.

Unified control: The combination of two or more tracts of land wherein each owner has agreed that his tract of land shall be developed as part of a planned development and shall be subject to the control applicable to the planned development.

Use: The purposes for which land or a building thereon is designed, arranged or intended or for which it is occupied, maintained, let or leased.

Use, lawful: The use of any structure or land that conforms with all of the regulations of this chapter or any amendment hereto and which conforms with all of the codes, ordinances and other legal requirements, as existing at the time of the enactment of this chapter or any amendment thereto, for the structure or land that is being examined.

Use, nonconforming: See "nonconforming use."

Used car lot: A zoning lot on which used or new cars, trailers or trucks are displayed for sale or trade outside of buildings.

Value: Valuation of a building shall be the assessed valuation, or where no assessed valuation exists, its appraised valuation as converted to assessed valuation.

Variation: A relaxation of the terms of this chapter where such variations will not be contrary to the public interest and where, due to conditions peculiar to the property and the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary hardship or practical difficulties.

Wholesale establishment: A business establishment engaged in selling to retailers or jobbers rather than consumers.

Yard: An open space on the same zoning lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this chapter yard extends along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which such zoning lot is located. (See illustration in article XX.)

Yard, corner side: A side yard which adjoins a public street. (See illustration in article XX.)

Yard, front: A yard extending along the full length of the front lot line between the side lot lines. (See illustration in article XX.)

Yard, interior side: A side yard which is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot. (See illustration in article XX.)

Yard, rear: A yard extending along the full length of the rear lot line between the side lot lines. (See illustration in article XX.)

Zoning administrator: The person designated by the president and board of trustees as the officer responsible for enforcing and administering all requirements of this chapter.

Zoning certificate: The certificate issued by the zoning administrator issued prior to the granting of a building permit, business license, or occupancy permit certifying that all provisions of this chapter have been met.

Zoning district: See "district."

Zoning lot: See "lot, zoning."

Zoning map: The map incorporated into this chapter as part hereof, designating zoning districts.

(Ord. No. 850, § 12.2, 5-24-82; Ord. No. 2002-37, § 1, 11-25-02; Ord. No. 2004-11, § 2, 3-22-04; Ord. No. 2012-03, § 2, 2-13-12; Ord. No. 2019-22, § 2, 12-23-19; Ord. No. 2019-23, § 2, 12-23-19; Ord. No. 2023-17, § 2, 11-13-23; Ord. No. 2025-01, § 2, 2-10-25)

This chapter is adopted for the following purposes:

(1)

To promote and protect the public health, safety, morals, comfort and general welfare of the people;

(2)

To divide the village into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of building structures and land for residential, commercial, industrial and other specified uses;

(3)

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

(4)

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

(5)

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

(6)

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

(7)

To fix reasonable standards to which buildings or structures shall conform therein;

(8)

To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts;

(9)

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

(10)

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

(11)

To protect against fire, explosion, noxious fumes and other hazards, in the interest of the public health, safety, comfort and 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 bulk 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 elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district;

(15)

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

(16)

To insure and facilitate the preservation of sites, areas and structures of historical, architectural and aesthetic importance.

(Ord. No. 850, § 2, 5-24-82)

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

(Ord. No. 850, § 8.1-1, 5-24-82)

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

(Ord. No. 850, § 8.1-2, 5-24-82)

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

(Ord. No. 850, § 8.1-3, 5-24-82)

(a)

No building, structure or use, not lawfully existing on May 28, 1982 shall become or be made lawful solely by reason of the adoption of this chapter and to the extent that, and in any manner that, the unlawful buildings, structure or use is in conflict with the requirements of this chapter, the building, structure or use remains unlawful hereunder.

(b)

Any building, structure or use established or altered in violation of the provisions of the ordinance which was in effect at the time of establishment or alteration of such building, structure or use shall not be validated by the adoption of this chapter.

(Ord. No. 850, §§ 8.1-4, 9.9, 5-24-82)

When two or more parcels of land, each of which lacks adequate area and dimensions to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, at the time of construction, such lots shall be considered a single lot.

(Ord. No. 850, § 8.3-6, 5-24-82)

Any building permit for a building or structure that does not conform with the provisions of this chapter that was issued prior to May 28, 1982 shall only be valid for a period of one year from the date of issuance. No extension or reissuance of a building permit for such buildings or structures shall be granted unless the construction has begun and is partially completed or the proposed building or structure or use is in full compliance with the provisions of this chapter.

(Ord. No. 850, § 8.3-7, 5-24-82)

(a)

No building or structure or part thereof shall be erected, constructed, reconstructed, enlarged, moved or structurally altered and no building structure or land shall hereafter be used, occupied or arranged or designed for use or occupancy nor shall any excavating or grading be commenced in connection with any of the above matters, except as permitted by the regulations herein which are applicable to the zoning district in which such building, structure or land is located.

(b)

Except as may otherwise be provided, all structural alterations or relocations of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter, shall be subject to all regulations herein which are applicable to the zoning district in which such buildings, uses or land shall be located.

(c)

Where a structure and use thereof of land lawfully exists on May 28, 1982 and is classified by this chapter as a special use in the district where it is located, such use shall be considered a lawful special use. A special use permit issued in accordance with procedures herein set forth shall be required only for any expansion or major alteration of any such existing special use. If an existing special use ceases for a period of more than six months, the special use can only be re-established under the provisions of division 6 of article II of this chapter.

(d)

Any legally established building, structure, or use may continue subject to the provisions of article III of this chapter.

(e)

Any lot of record existing on May 28, 1982 which is unable to meet the requirements of this chapter as to lot area, lot width and yard requirements shall only be used in accordance with the provisions of section 28-204.

(Ord. No. 850, §§ 8.3.1—8.3.5, 5-24-82)

(a)

As required by statute the type or location of any poles, towers, wires, cables, conduits, vaults, laterals or any other similar distributing equipment of a public utility is exempt from the requirements of this chapter.

(b)

The provisions of this chapter shall not be enforced so as to impose regulations or required permits with respect to land within an AG district used strictly for agricultural purposes or with respect to the erection, maintenance, repair or extension of buildings or structures used or to be used entirely for agricultural purposes, except that all such buildings shall conform to the yard requirements, lot size requirements and building bulk limitations and signs provisions of this ordinance. All non-agricultural uses of the AG district shall be in full compliance with the provisions of this chapter.

(c)

Pipelines and other underground installations, to the extent that the same are completely buried beneath the surface of the soil, are exempt from the requirements of this chapter, provided that any incidental or associated structures, installations or equipment except markers used in connection with such pipe lines are subject to the provisions of this chapter.

(d)

Chimneys, parapet walls, skylights, steeples, flag poles, smokestacks, cooling towers, elevator bulkheads, fire towers, monuments, water towers, stacks, stage towers or scenery lofts, tanks, ornamental towers and spires, wireless towers, radio transmission towers, radar installations, telescopes, military installations of the U.S. government, necessary mechanical appurtenances and television or other antennas may exceed the height limitations of this chapter.

(e)

The board of trustees may approve a planned development including structures that exceed the height limitations of the district such uses are located in.

(f)

No building or structure including those listed in subsections (d) and (e) which are subject to notice under Federal Aviation Regulations par. 77 shall be constructed until approved by the Federal Aviation Administration.

(Ord. No. 850, § 8.8, 5-24-82)