This comprehensive amendment to this chapter is adopted to:

(1)

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

(2)

Divide the city and the surrounding 1½ mile jurisdictional area into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses;

(3)

Protect the character and the stability of the residential, business and manufacturing areas within the city and the 1½ mile surrounding area and to promote the orderly and beneficial development of the areas;

(4)

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

(5)

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

(6)

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

(7)

Fix reasonable standards to which buildings or structures shall conform therein;

(8)

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

(9)

Prevent additions to, alteration or remodeling of, existing buildings or structures in such a way as to avoid the restrictions and limitations imposed under this article;

(10)

Protect against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare;

(11)

Conserve the taxable value of land and buildings throughout the city and surrounding 1½ mile area;

(12)

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; and

(13)

Define and limit the powers and duties of the administrative officers and bodies as provided herein.

(Ord. No. 2-12-2003, § 2.00, 2-12-2003)

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:

Abutting means having a common border with, or being separated from a common border by, a right-of-way, alley or easement.

Access means the right to cross between public and private property allowing pedestrians and vehicles to enter and leave property.

Accessory use or accessory structure means a use or structure incidental and subordinate to the main use of the property and located on the same lot as the main use. Accessory structures or uses do not include fences, sidewalks, driveways, shrubs, private gardening for private use and general landscaping for private residential purposes, as long as vehicular movement is not inhibited as a result of the landscaping.

Adjacent means adjoining, bordering, touching or contiguous. If two lots are separated by a public street, public alley or public walk, they shall not be deemed to be adjacent.

Adult-use cannabis business establishment means a 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 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 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 street which affords only a secondary means of access to property.

Apartment means a room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen and bath facilities, permanently installed, must be included for each apartment.

Automobile repair, major, means engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame straightening or repair and over all painting of vehicles.

Automobile repair, minor, means incidental repairs, replacement or parts, and motor service to automobiles, but not including any operation specified under automobile repair, major.

Automobile service station means a facility where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease for operation of automobiles are offered for sale directly to the public on the premises and including minor accessories and services for automobiles and washing of automobiles where no chain or conveyor, blower or steam-cleaning device is employed.

Automobile wrecking yard means a premises used for the storage or sale of used automobile or truck parts or for the storage, dismantling or abandonment of junk, obsolete automobiles, trailers, trucks, machinery or parts thereof.

Awning means a roof-like covering which projects from the wall of a building or overhangs the public way.

Base flood or 100-year flood means the flood having a one percent probability of being equaled or exceeded in any given year.

Basement means a story partly or wholly underground. If more than one-half of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established, a basement shall be counted as a story for purposes of height measurement.

Boardinghouse means an establishment other than a hotel or restaurant where meals are provided for compensation to at least four persons but not more than 12 persons who are not members of the keeper's family residing on the premises. All applicable state and county licenses shall be obtained prior to the issuance of any use permit by the city.

Block means a tract of land bounded by streets or in lieu of a street, by a public park, cemetery, railroad right-of-way, bulkhead lines, a shore line of a waterway or a boundary line of the city.

Buildable area means the space remaining on a lot after the minimum open space requirements of this chapter, or any other ordinance, have been complied with.

Building means any structure with substantial walls and roof, securely affixed to the land, which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind. A modular home shall be considered a building as defined in this chapter. A mobile home or manufactured home shall not be considered a building as defined in this chapter.

Building height means the vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided that, where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

Building line means a line parallel to the street line at a distance from it, regulated by the front yard requirements, set up in this chapter.

Building, nonconforming, means any building which does not conform to the regulations of this chapter prescribing the maximum floor area ratio, required yards, coverage, height and the setbacks, minimum required spacing between buildings on a single lot, and minimum required useable open space for the district in which the building is located.

Building, principal, means a building in which is conducted the main use of the lot on which it is situated.

Bulk means the term used to indicate the size and setbacks of buildings or structures and location of the same.

Cannabis: Cannabis shall have the same definition as "cannabis" set forth in section 1-10 of the Cannabis Regulation and Tax Act, as amended.

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

Club or lodge, private, means a nonprofit association of persons, who are bona fide members paying annual dues, which owns, hires or leases a building or portion thereof.

Common open space means the land in a development that is devoid of structures, other than recreational facilities and uses accessory thereto, and is suitable for active and passive recreational activities but specifically excludes parking lots; street rights-of-way; front, rear and side yard setbacks, if building and lots are subdivided and individually owned; school sites; and retention ponds unless they are capable of sustaining water-based recreation.

Compensatory storage means an artificially excavated, hydraulically equivalent volume of storage within the special flood hazard area used to balance the loss of natural flood capacity when artificial fill or structures are placed within the floodplain. The uncompensated loss of natural floodplain storage can increase off-site floodwater elevations and flows.

Convenience store means a retail establishment having a gross floor area of 5,000 square feet or less, primarily selling foods as well as other household goods customarily sold in larger markets and supermarkets.

Curb level means the level of the established curb in front of the building measured at the center of the front. If a building faces on more than one street the curb level shall be the average of the level of the curbs at the center of the front of each street. If no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the curb level.

Density means a measure of land use intensity for residential development stated in numbers of dwelling units per acre of land.

Detention facility or basin means a facility that provides for temporary storage of stormwater runoff and controlled release of this runoff during and after a flood or storm.

Dwelling, multifamily, means a building or portion thereof, designed for occupancy by three or more families living independently of each other.

Dwelling, row, means a row of two or more attached one-family party-wall dwellings, not more than 2½ stories in height, not more than two rooms in depth measured from the building line.

Dwelling, single-family, means a detached building containing one dwelling unit and designed for occupancy by one family only.

Dwelling, single-family, attached, (group, row and townhouses) means a building containing at least three but not more than six dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by a common or party wall separating dwelling units.

Dwelling, two-family, means a detached building containing two dwelling units and designed for occupancy by two families.

Dwelling unit means one or more rooms in a building designed for occupancy by one family and having not more than one cooking facility.

Engineer means an engineer registered in this state pursuant to state law.

Family means an individual or two or more persons related by blood, marriage, legal adoption or legal guardianship, living together as one housekeeping unit using one kitchen, and providing meals or lodging to not more than two additional persons, excluding servants; or a group of not more than five unrelated persons living together as one housekeeping unit using one kitchen.

Festoon lighting means a group of two or more incandescent light bulbs hung or strung overhead, not on a building or structure, which are not shaded or hooded to prevent the direct rays of light from being visible from the property line.

Fill means any act by which earth, sand, gravel, rock or any material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location and shall include the conditions resulting therefrom.

Final plat means the detailed engineering, final plat, all covenants, easements, and dedications; and final site plan for a planned unit development as described in this chapter.

Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of runoff or surface waters.

Flood fringe means the higher portion of the floodplain, immediately adjacent to and on either side of the flood way, occupied by quiescent or slow moving water during floods.

Flood insurance rate map (FIRM) means a map prepared by the Federal Emergency Management Agency that depicts the special flood hazard area (SFHA) within a community. This map includes insurance rate zones and floodplains and may or may not depict flood ways.

Floodplain orflood hazard area means the land adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. Floodplains may also include detached special flood hazard areas, ponding areas, etc. The floodplains are those lands within the jurisdiction of the city that are subject to inundation by the base flood or 100-year frequency flood.

Floodplain elevation (FPE) means the elevation at all locations delineating the level of flooding resulting from the 100-year frequency flood event.

Floodway means the channel or watercourse and those portions of the adjoining floodplains which are required to carry and discharge the 100-year flood with no significant increase in the base flood elevation.

Floor area, gross, means the sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics, and penthouses, as measured from the exterior faces of the walls. The term "gross floor area" does not include cellars, unenclosed porches or attics not used for human occupancy or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to overcome the parking requirements of this chapter, or any such floor space intended and designed for accessory heating and ventilating equipment. The term "gross floor area" does include the horizontal area at each floor level devoted to stairwells and elevator shafts.

Floor area, ratio, is the measurement determined by dividing the gross floor area of all buildings on a lot by the area of that lot.

Fuel bulk station means a place where crude petroleum, gasoline, naphtha, benzene, benzol, kerosene or other flammable liquid which has a flash point at or below 200 degrees Fahrenheit (closed cup tester) is stored for wholesale purposes, where the aggregate capacity of all storage tanks is more than 6,000 gallons.

Garage, bus or truck, means a building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding 1½ ton capacity.

Garage, private, means a detached accessory building or portion of the principal building, designed, arranged, used or intended to be used for the storage of automobiles owned or used by the occupants of the premises.

Garage, public, means a building used for the care, incidental servicing or sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire or sale within the structure, but not including trucks, tractors, truck trailers, and commercial vehicles exceeding 1½ ton capacity.

Grade, ground level, means the average elevation of the finished ground elevation at the centers of all walls of a building, except that if a wall is parallel to and within five feet of a sidewalk, the sidewalk elevation nearest the center of the wall shall constitute the ground elevation.

Gross density means the number of dwelling units per raw acre of land owned by the developer.

Ground floor means the entire floor or level of a building parallel to the city streets and sidewalks, including all front and rear areas thereof.

Guest house means living quarters within a detached accessory building located on the same premises with the principal building, for use by temporary guests of the occupants on the premises.

Health center means a building or group of buildings providing medical facilities, urgent care facilities, out-patient care and medical offices either in a not-for-profit or for-profit operation.

Height of building means the vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the center height between the highest and lowest points on other types of roof.

Home occupation means a gainful occupation or profession carried on by an occupant of a dwelling unit carried on wholly within the principal building or within a building accessory thereto, only by members of the family occupying the premises. No article shall be sold or offered for sale on the premises except such as is produced by the occupation on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use. There shall be no exterior display, no exterior sign except as allowed by the sign regulations for the district in which the home occupation is located, no exterior storage of materials, no other exterior indication of the home occupation or variation from the residential character of the principal building. Offices, clinics, doctors offices, hospitals, barbershops, beauty parlors, dress shops, millinery shops, tearooms, restaurants, tourist homes, animal hospitals and kennels, among others, shall not be deemed to be home occupations.

Hospital or sanitarium means 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. The term "hospital," as used in this chapter, does apply to institutions operating solely for the treatment of insane persons, drug addicts, liquor addicts or other types of cases necessitating restraint of patients, and the term "hospital" shall not include convalescents, nursing, shelter or boarding homes.

Hotel, apartment, means a building containing dwelling units or individual guest rooms, the majority of which are for permanent guests.

Hotel or motel means a building in which more than five rooms or suites are reserved to provide living and sleeping accommodations for temporary guests, with no provisions in the rooms for cooking in any individual room or suite.

Housing for the elderly means a building or group of buildings containing dwellings where the occupancy of the dwellings is restricted to persons 55 years of age or older. The housing must be self-contained and physically accessible to elderly citizens.

Industrial park means a planned, coordinated development of a tract of land for a variety of industrial related activities. The development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space.

Junkyard means any place where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packaged, disassembled or handled, including auto and building wrecking yards, outside a completely enclosed building.

Kennel, commercial, means any lot or premises or portion thereof on which more than three dogs, cats or other household domestic animals, over four months of age, are kept or on which more than two such animals are boarded for compensation.

Laboratory means a place devoted to experimental study or testing and analyzing substances.

Landscape surface ratio (LSR) is the area of land devoted to previous landscaping divided by the site area in accordance with the following formula:

LSR = 1 - [(ba + pa + oa)/S]

where:

LSR = landscape surface ratio.

ba = building area, the area covered by buildings from the maximum outside dimensions.

pa = parking areas, all areas used for loading or access to those areas.

oa = other areas, all other paved areas, including patios, walks, entry ways, etc.

S = site area, the actual area of the site, minus all areas of flood ways and existing road rights-of-way.

Line of building means a line parallel to the nearest lot line drawn through the point of a building or a group of buildings nearest to the lot line, exclusive of the features specified as being permitted to extend into a yard.

Livestock means domestic animals of types customarily raised or kept on farms for profit or other purposes.

Livestock feeding yard means an enclosure designed or used for the purpose of the concentrated feeding or fattening of livestock for marketing.

Livestock sales yard means an enclosure or structure designed or used for holding livestock for purposes of sale or transfer by auction, consignment or other means.

Loading and unloading space means an open hard-surfaced area within a building or on the same lot, providing for the standing, loading, and unloading of motor vehicles, tractors and trailers.

Lot means a platted parcel of land properly recorded and intended to be separately owned, developed, and otherwise used as a unit.

Lot area means the total horizontal area within the lot lines of a lot exclusive of streets and easements of access to other property.

Lot corner means a lot abutting on two or more streets other than an alley, at their intersection.

Lot coverage means the area of a lot occupied by the principal building or buildings and accessory buildings.

Lot depth means the horizontal distance between the front and rear lot lines measured in the main direction of the side lot lines.

Lot frontage. The front of a lot shall be that boundary of a lot along a public street; for a corner lot the owner may elect either street line as the front lot line.

Lot line means the property line bounding a lot.

Lot line, interior, means a side lot line common with another lot.

Lot line, rear, means the lot line or lot lines most nearly parallel to or the most remote from the front lot line. Lot lines other than front or rear lot lines are side lot lines.

Lot line, side, means any lot line not a front or rear lot line.

Lot, through, means a lot having frontage on two parallel or approximately parallel streets, and which is not a corner lot.

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

Manufactured or mobile home means a vehicle or similar portable device originally designed or presently constructed to permit human occupancy for living or sleeping purposes.

Manufactured or mobile home park means a lot upon which two or more manufactured or mobile homes occupied for living or sleeping purposes are located, regardless of whether a charge is made for the accommodations.

Medical cannabis cultivation center, means a "cultivation center" as defined in section 10 of the Compassionate Use of Medical Cannabis Program Act, as amended.

Medical cannabis dispensary, means a "medical cannabis dispensing organization", or "dispensing organization" or "dispensary organization," as defined in section 10 of the Compassionate Use of Medical Cannabis Program Ace, as amended.

Mobile home means a house built in a factory on a nonremovable steel chassis transported to the home site in one piece on wheels. The homes are not less than 32 feet in body length and are designed for long-term occupancy. The homes contain a flush toilet, a tub or shower bath, and kitchen facilities with water supply, electrical supply, and sewage disposal and connected to outside systems.

Modular home means a home transported to the home site on truck beds in pieces that are permanently assembled on site and that are not designed to be moved once assembled. The homes conform to all state and local building codes once assembled and are designed so as not to vary in character from a site built home once assembled.

Motor freight terminal means a building in which freight, brought to the building by motor truck is assembled and sorted for routing in intrastate and interstate shipment by motor truck.

Net density means the number of dwelling units per finished or net acre of land. Net acreage is the raw acreage minus the acreage devoted to street rights-of-way, public parks, school sites, municipal sites and retention areas.

Nonconforming structure or use means a lawful existing structure or use at the time this chapter or any amendment thereto becomes effective, which does not conform to the requirements of the zone in which it is located.

Nursery, day, means a place where care is provided for compensation for three or more children under the age of four years for periods of more than four hours but not exceeding 24 hours.

Nursery school means a place where care is provided for compensation for children from four to six years of age.

Nursing home or rest home means a private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.

Office park means a tract of land that has been planned, developed, and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility.

On-premises cannabis consumption establishment means a cannabis business establishment or other entity that is authorized or permitted to allow the on-premises consumption of cannabis.

Owner means an owner of property or the authorized agent of an owner.

Parcel delivery station means a building in which commodities, sold at retail, are assembled and routed for delivery to retail customers located within the area.

Parking area, private, means an open, hard-surfaced area, other than a street or public way, 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, means an open, hard-surfaced area, other than a street or public way, used for the storage of passenger automobiles and commercial vehicles under 1½ ton capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.

Parking space means a hard-surfaced area on a lot or within a building permanently reserved and maintained for the parking of one motor vehicle and with a minimum surface area as prescribed in this chapter.

Person means any person, firm, corporation, association, club, society or other organization, including any owner, manager, proprietor, employee, volunteer or agent.

Planned unit development (PUD) means a tract or tracts of land which includes two or more principal uses that would require classification of the tract into two or more standard zoning districts and which is developed as a unit. A planned unit development may also be a tract or tracts of land which include varying residential lot sizes, provide natural and physical features, sewer and water and other infrastructure improvements, ensure adequate protection of environmental amenities and provide for the reservation of public or private open spaces. Residential planned unit developments may include two or more standard residential zoning districts as well as open space areas.

Porch means a permanent roofed-over structure projecting from the wall or walls of a main structure.

Preapplication procedure means a tentative sketch of a proposed planned unit development as described under preapplication procedures provided in this chapter.

Preliminary plan means the preliminary plan, site plan, and application for a zoning change for a planned unit development.

Recycling center means a facility that is not a junkyard and in which recoverable materials, such as newspapers, glassware, and metal cans, are collected, stored, flattened, crushed or bundled within a completely enclosed building.

Research and development laboratory means 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.

Sign means an identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon a building, structure or land, and which directs attention to a product, place, activity, person, institution or business.

Sign contractor means a temporary sign placed at the site of new construction or remodeling that identifies the contractor or contractors doing the work at that site.

Sign, development identification, means a temporary sign used to advertise a development for the purpose of selling lots, property or renting space.

Sign, display area, means the advertising display surface area (copy area) encompassed within any regular geometric figure which would enclose all parts of the sign. The structural support for a sign, whether they are columns, pylons or a building or a part thereof, shall not be included in the advertising display area.

Sign, flashing, means any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when the sign is in use. Any revolving, illuminated sign shall be considered a flashing sign.

Sign, freestanding, means a sign supported by one or more upright poles, columns or braces placed in or on the ground and not attached to any building or structure.

Sign, garage or rummage sale, means a sign which advertises any sale of used goods or rummage by an individual to be held at his private garage or by a religious or charitable or other organization at a designated location.

Sign, moving, means any sign which rotates or moves or gives the visual impression of rotation or movement.

Sign, political, means any temporary sign which supports the candidacy of any candidate for public office or urges action on any matter on the ballot of primary, general or special elections.

Sign, portable, means any sign that is not permanently affixed to a structure or the ground, and designed to be moved from place to place, including, but not limited to, signs attached to wood or metal frames designed to be self-supporting and movable; paper, cardboard or canvas signs wrapped around supporting poles; and signs commonly trailer mounted and designed to be moved from place to place.

Sign, projecting, means a sign supported by a building or other structure which projects over any street, sidewalk, alley or public right-of-way or public easement more than six inches from the face of the building, structure or supporting wall, including overhanging signs; or any sign attached to the wall of a building in which the face of the sign is not parallel to the wall.

Sign, public information, means a sign conveying information to the general public, including, but not limited to, signs that announce or provide information about community events, special events, and which give the time and temperature at least 50 percent of the display time between 9:00 a.m. and 5:00 p.m., which must be devoted to public information messages.

Sign, public utility, means any sign of public utility companies indicating danger or which serves as an aid to public safety or which shows the location of underground facilities or of public telephones.

Sign, real estate, means a for sale, for rent or sold sign which advertises the sale or rental of the real estate upon which the sign is located or which indicates that the property has not been sold.

Sign, roof, means any sign erected upon, against or directly above a roof or roof eaves, or on top or above the parapet, or on a functional architectural appendage above the roof or roof eaves.

Sign, temporary, means a display, informational sign, banner or other advertising device constructed of cloth, canvas, fabric, wood or other temporary material, with or without a structural frame and intended for a limited period of display, including decorative displays for holidays or public demonstrations.

Sign, vehicle, means any sign attached to or painted on a motor vehicle which advertises a business, product or service not directly connected with the vehicle upon which such a sign is placed or any vehicle upon which a message is written which is parked or placed so that its sole function is that of a sign.

Sign, window, means any temporary sign affixed to the interior or exterior of a window or any sign located in a building within six feet of the interior side of a window and displayed so as to attract the attention of persons outside the building. Merchandise which is included in a window display shall not be considered as part of the window sign.

Story means that portion of a building between the surface of any floor and the surface of the floor above it, or, in cases where there is no floor above it, 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, means 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 4½ feet above the finished floor of each 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 purpose 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 means a public right-of-way for vehicular and pedestrian traffic.

Structural alteration means any change to the supporting members of a structure, including foundations, bearing walls or partitions, columns, beams, girders or any structural change in the roof or in the exterior walls.

Structure means something constructed or built and having a fixed base on, or fixed connection to, the ground or another structure.

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

Used car lot means an area on which used cars, trailers or trucks are displayed for sale or trade.

Warehouse means a building used primarily for the storage of goods, materials or merchandise.

Yard means an open space on a lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this chapter.

Yard, front, means a yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.

Yard, rear, means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.

Yard, side, means the part of the yard lying between the nearest line of the principal building and a side lot line, and extending from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard.

(Ord. No. 2-12-2003, §§ 2.01, 9.020, 2-12-2003; Ord. No. 11-10-2004B, §§ 1—3, 11-10-2004; Ord. No. 12-11-2019(B), § 2, 12-11-2019)

(a)

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

(b)

Relationship to other laws. If the conditions imposed by any provision of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or 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.

(c)

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

(Ord. No. 2-12-2003, § 3.02, 2-12-2003)

(a)

Changes in structures or uses. Except as may otherwise be provided in this chapter, nonconforming buildings, structures and uses, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings and all enlargements of or additions to existing uses shall be subject to all regulations of this chapter that are applicable to the zoning districts in which the buildings, uses or land shall be located.

(b)

Nonconforming buildings, structures and uses. Any lawful building, structure or use existing at the time of the enactment of this chapter may be continued, even though the building, structure or use does not conform to the provisions of this chapter for the district in which it is located, and whenever a district shall be changed hereafter, then existing lawful use may be continued unless prohibited by other sections of this chapter.

(c)

Building permits. When a building permit for a building or structure has been issued in accordance with law prior to the effective date of the ordinance from which this chapter is derived, and provided that construction is begun within six months of the effective date and diligently prosecuted to completion within nine months of commencement of construction, the building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further may, upon completion, be occupied under a certificate of occupancy by the use for which originally designated provided such is not prohibited by other provisions of this chapter.

(d)

Utilities. No permit for connection with or service from any municipally operated water distribution system or other utility shall be issued for connection with or service to any building or premises used or maintained in violation of the provisions of this article.

(Ord. No. 2-12-2003, § 3.03, 2-12-2003; Ord. No. 9-10-03, § 1, 9-10-2003)

(a)

An accessory use shall comply with all requirements for a principal use, except as this chapter specifically allows to the contrary, and shall comply with the following limitations:

(1)

An accessory building may not be located nearer to any interior lot line than that permitted for the principal building, when any part of the accessory building is on line with the principal building, if extended. However, when an accessory building is located in the rear yard, it may then be located within three feet of the interior lot line, but not nearer than eight feet of the rear lot line.

(2)

An accessory building shall not be erected prior to the establishment or construction of the principal building to which it is accessory, or to which it is intended to be accessory.

(3)

No accessory building shall be located on a reserved corner lot beyond the front yard required on the adjacent lot to the rear, or be located nearer than five feet to the side lot line of the adjacent lot.

(4)

An accessory use includes, but is not limited to, the following:

a.

A children's playhouse, garden house, and private greenhouse.

b.

A garage, shed, carport or building for domestic storage.

c.

Incinerators incidental to residential use and in compliance with IEPA regulations.

d.

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

e.

Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with the activities, unless the storage is excluded by the district regulations.

f.

Off-street motor vehicle parking areas, and loading and unloading facilities.

g.

Public utility, communication, electric, gas, water and sewer lines, their supports and incidental equipment.

h.

Private swimming pools.

(b)

If a substantial part of the wall of an accessory building is a part of the wall of the main building or where an accessory building is attached to the main building in a substantial manner as by a roof, the accessory building shall be counted as part of the main building.

(Ord. No. 2-12-2003, § 3.04A—E, 2-12-2003; Ord. No. 9-10-03, § 2, 9-10-2003)

(a)

No building shall be erected, reconstructed, relocated or structurally altered so as to have a greater height, a higher ratio of lot coverage or smaller open space about it than permissible under the limitations set forth herein for the district in which the building is located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks, stage towers or scenery lofts, and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected if in compliance with all other ordinances of the city.

(b)

No space allocated to a building or dwelling group for the purpose of complying with the side, rear or front yard or court or other open space or lot area requirements of this chapter shall thereafter, by reason of change in ownership or for any other reason, be used to satisfy the yard, court, open space or lot area requirements, or any other building or dwelling group.

(c)

An open terrace, but not including a roofed-over porch or terrace, may occupy a front yard, provided the unoccupied portion of the front yard has a depth of not less than 15 feet. A one-story bay window may project into a front yard not more than three feet. Over-hanging eaves, including gutters, may project over the minimum required side yard not more than 18 inches.

(d)

All foundation elevations shall be two feet above the crown of the road or coincide with existing elevations of structures in the area.

(Ord. No. 2-12-2003, § 3.05, 2-12-2003)

(a)

Contiguous parcels. When two or more parcels of land, each of which lacks adequate area and dimension 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, they shall be used as one zoning lot for the use.

(b)

Lot or parcels of land of record. Any single lot or parcel of land held in one ownership which was of record at the time of adoption of the ordinance from which this chapter is derived, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use, provided that yards, courts or useable open spaces are not less than 75 percent of the minimum required dimensions of areas.

(Ord. No. 2-12-2003, § 3.06, 2-12-2003)

Except as otherwise provided for in this chapter, each residential building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street unless a permanent easement of access to a public street was of record prior to the adoption of this chapter.

(Ord. No. 2-12-2003, § 3.07, 2-12-2003)

Except in the case of a planned development, not more than one principal detached residential building shall be located on a zoning lot, or shall a principal detached residential building be located on the same zoning lot with any other principal building.

(Ord. No. 2-12-2003, § 3.08, 2-12-2003)

If a use is classified as a special use under this chapter and exists as a permitted use at the date of adoption of the ordinance from which this chapter is derived it shall be considered as legal use without further action of the city council or the zoning administrator.

(Ord. No. 2-12-2003, § 3.09, 2-12-2003)

When a use is not specifically listed in the sections devoted to uses permitted it shall be assumed that the uses are expressly prohibited unless by a written decision of the city council it is determined that the use is similar to and not more objectionable than uses listed.

(Ord. No. 2-12-2003, § 3.10, 2-12-2003)

Approval of PUD plans, annexation agreements and development agreements shall be conditioned upon dedication of school land as provided in chapter 8, article IV.

All building shall comply with the following building codes:

(1)

International building codes. The International Building Code, The International Residential Code and the International Existing Building Code, 2018 editions, are adopted except such portions as are hereinafter deleted, modified or amended.

(2)

Illinois Codes. The Illinois Life Safety Code, the State of Illinois Plumbing Code, the Illinois Energy Conservation Code, the Illinois Radon Resistant Construction Act and the Illinois Accessibility Code (for non-residential structures, are adopted in their current editions and as hereinafter amended and updated except such portions as are hereinafter deleted, modified or amended.

(3)

Additions, deletions and modifications.

a.

To the extent Illinois Codes have similar provisions to the International Codes, the Illinois Codes shall apply.

b.

Code inspections are not required for remodeling except for remodeling that involves structural changes, foundations, roofs, siding, new plumbing, new electrical lines, solar installations, or construction within commercial buildings.

(4)

Enforcement.

a.

The city building inspector(s) as time to time appointed with the assistance of the city engineer, shall be responsible for inspections and the interpretation of building codes any building within the 100 year floodplain. The building Inspector shall work with city council for compliance and enforcement of building codes and floodplain regulations.

b.

The owner or builder required to obtain a building permit shall certify that all construction will fully comply with all of the requirements of the City's adopted building codes.

c.

All non-residential projects will be subject to outside professional review and the cost of the review will be included in addition to the standard building permit fee. Any required as built/construction completion documentation must be submitted prior to issuance of any certificate of occupancy.

d.

Any person who commences any work requiring a permit but fails to obtain a permit before starting permit required work shall be charged double the amount of fees.

(5)

Work hours. Any construction subject to a building permit shall not commence before 7:00 a.m. and shall cease by 7:00 p.m.

(6)

City delinquency. The cost of a building permit or occupancy permit shall be increased by any outstanding sewer use charges or other City charges or delinquencies. The Mayor or city council may authorize the issuance of a permit without full payment.

(7)

Occupancy permit. An occupancy permit is required to occupy the site of work requiring a building permit. Upon written request the building permit applicant, the Building Inspector is authorized to issue a temporary certificate of occupancy prior to the completion of a final occupancy permit provided the applicant demonstrates occupancy with not endangering life or public welfare. Any temporary certificate of occupancy may be revoked if conditions are not complied with as determined in writing by the building inspector. Any temporary occupancy shall terminate upon the termination set for the building permit.

(Ord. No. 01-15-2025, 1-15-2025)