This title 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 city into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and the use of buildings, structures and land for residence, business and manufacturing and other specified uses;

(3)

To protect the character and the stability of the residential, business and manufacturing areas within the city 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, business, manufacturing or other uses within such areas;

(7)

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

(8)

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

(9)

To prevent additions to, or alteration or remodeling of, existing buildings and 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 city;

(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; and

(15)

To define and limit the powers and duties of the administrative officers and bodies as provided therein.

(Code 1994, § 5-2-2)

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

Accessory building means every building located on a zoning lot except the principal buildings.

Accessory use means a subordinate use which is reasonably necessary and incidental to the conduct of the primary use made of the zoning lot in question. An accessory use includes, but is not limited to, the following:

(1)

Children's playhouse, dog pen/run and shelter, tool shed, trampoline and private greenhouse.

(2)

Domestic storage in conjunction with any permitted or legal nonconforming dwelling.

(3)

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

(4)

Storage of goods used in or produced by manufacturing activities on the same lot where such goods are used or produced unless such storage is prohibited by regulations applicable to the lot in question.

(5)

Off-street motor vehicle parking areas and loading and unloading facilities as permitted and regulated by this Code.

(6)

Signs as permitted and regulated under chapter 16 of this title.

(7)

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

Acreage means any tract or parcel of land having an area of one acre or more which has not been subdivided by metes and bounds or platted.

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

Adult-use cannabis craft grower means a facility operated by an organization or business that is licensed by the state 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 pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.), and regulations promulgated thereunder.

Adult-use cannabis cultivation center means a facility operated by an organization or business that is licensed by the state department of agriculture to cultivate, process, transport, and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.), and regulations promulgated thereunder.

Adult-use cannabis dispensing organization means a facility operated by an organization or business that is licensed by the state 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 pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.), 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 state department of agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.), 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 state 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 pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.), and regulations promulgated thereunder.

Adult-use cannabis transporting organization or transporter means an organization or business that is licensed by the state 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 pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.), and regulations promulgated thereunder.

Alley means a public way, not more than 30 feet wide, which affords only a secondary means of access to abutting property.

Antenna means any structure or device not exceeding 15 feet in height which is used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes and omni directional antennas, such as whip antennas.

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 sanitary facilities, permanently installed, must always be included for each apartment.

Automated teller machine means an unmanned, freestanding kiosk which is utilized for the delivery of banking services and not for the sale or delivery of goods and which is located outside of a totally enclosed permanent structure.

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

Automobile wrecking yard means any place where one or more motor vehicles not in running condition, or parts thereof, are stored in the open for periods exceeding 60 days, or any land, building or structure used for wrecking or storing of such motor vehicle or parts thereof and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise.

Barbershop means any business establishment which contains chairs/stations and other appurtenances typically used in the cutting and styling of hair.

Beauty parlor means any business establishment which contains chairs/stations and other appurtenances typically used in the cutting and styling of hair as well as other cosmetic applications.

Block means a tract of land bounded by streets, or in lieu of streets by public parks, cemeteries, railroad rights-of-way, shorelines of the river or a corporate boundary line of the city.

Boardinghouse means a building other than a hotel or restaurant where meals are provided for compensation to three or more persons, but not more than 12, who are not members of the keeper's family.

Buildable area means the space remaining on a zoning lot after the minimum open space requirements of this title have been complied with.

Building means any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows, or openings; and which is designed or intended for the shelter, enclosure, or protection of persons, animals or chattels. Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers, and other similar structures, are not considered as buildings. The term "building" includes the term "structure."

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

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

Building height means the vertical distance measured from the sidewalk level of 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 Height

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

Bulk disposal unit means a roll-off dumpster, dump trailer or any other device designed or used for the collection and disposal of bulk waste. The term "bulk waste," includes, without limitation, construction and demolition waste, tires, wheels, appliances, furniture and tree stumps and branches and other similar waste materials.

Bus lot means any lot or land area used for the storage or layover of passenger buses or motor coaches.

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

Commercial wireless telecommunication services means licensed commercial wireless telecommunication services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

Community residence is a residential living arrangement for unrelated persons in need of the support services offered by a provider and operator of the community residence as well as in need of the mutual support furnished by other residents of the community residence. A community residence is owned or operated under the auspices of a nonprofit association, private care provider, government agency, or other legal entity, other than the residents themselves or their parents or legal guardians who are individuals. Types of community residences include group homes, halfway houses, hospices and emergency shelters.

Convenience cash business means either of the following:

(1)

Any person in the business of making a loan upon which interest is charged at an annual percentage rate exceeding 36 percent in which at commencement a borrower provides to the lender as security for the loan physical possession of the borrower's title to a motor vehicle; or

(2)

Any person in the business of making loans with a finance charge exceeding an annual percentage rate of 36 percent and with a term that does not exceed 120 days including any transaction conducted via any media whatsoever, including, but not limited to, paper, facsimile, internet, or telephone in which:

a.

The lender accepts one or more checks dated on the date written and agrees to hold them for a period of days before deposit or presentment or accepts one or more checks dated subsequent to the date written and agrees to hold them for deposit;

b.

The lender accepts one or more authorizations to debit the borrower's bank account; or

c.

The lender accepts an interest in a borrower's wages, including, but not limited to, a wage assignment.

Corner lot. See Lot, corner.

Corner lot, reversed. See Lot, reversed corner.

Coverage, lot. See Lot coverage.

Craft distillery means a distillery licensed by the state liquor control commission which meets all of the following criteria:

(1)

The distillery manufactures spirits as defined by the Liquor Control Act of 1934 (235 ILCS 5/1-1 et seq.).

(2)

The distillery does not manufacture more than 20,000 proof gallons of spirits during any calendar year.

(3)

The facilities occupied by the distillery include space for the storage of spirits manufactured by the distillery.

(4)

Not less than 20 percent of the floor space of the premises occupied by the distillery is devoted to the sale at retail of spirits distilled at the distillery including a tasting room where samples of spirits are offered to customers.

(5)

The operator of the distillery shall be licensed for the retail sale of alcoholic liquor under the provisions of title 3, chapter 3.

CRTA means the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.), as it may be amended from time to time, and regulations promulgated thereunder.

Curb level means 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 of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the curb level.

Day care center means any child care facility receiving more than eight children for daytime care during all or part of a day. The term "day care center" includes facilities commonly 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 "day care center" does not include:

(1)

Kindergartens or nursery schools or other daytime programs operated by public or private 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 on an organized and periodic basis by civic, charitable and government organizations.

Deciduous shrub means a lower story plant that generally will not attain a mature height of more than 25 feet and usually has a dense branching pattern which is close to the ground level. Such plants shed their leaves in winter. Any similar plant that will not attain a mature height of more than one foot will not be regarded as a shrub.

Disability means a physical or mental impairment which substantially limits one or more of a person's major life activities, impairs their ability to live independently, or a record of having such an impairment, or being regarded as having such an impairment.

Display lot means any lot or portion thereof used for the purpose of displaying vehicles or equipment offered for sale or rent.

Dwelling means a building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, but not including trailers, hotels, motels, boardinghouses or lodginghouses.

Dwelling, multiple-family, means building or portion thereof designed or altered for occupancy by three or more families living independently of each other.

Dwelling, one-family, means building designed exclusively for use and occupancy by one family and entirely separated from any other dwelling by space.

Dwelling, row (party wall), means rows of two to six attached one-family party wall dwellings, not more than 2½ stories in height, nor more than two rooms in depth measured from the building line.

Dwelling, two-family, means a building designed or altered to provide dwelling units for occupancy by two families living independently of each other.

Dwelling group means two or more one-family, two-family or multiple-family dwellings, or boardinghouses or lodginghouses located on one zoning lot, but not including motels.

Dwelling unit means one or more rooms that are:

(1)

Located in a dwelling; and

(2)

Arranged, designed or used as living quarters for one family only, or in the case of a group home, no more than six unrelated persons unless a special use permit is obtained.

Each dwelling unit shall contain a complete set of kitchen facilities permanently installed.

Emergency shelter means temporary living arrangements that provide overnight and short-term residence for people unable to live at home due to abusive practices of another family member or other emergency situation, including loss of residence. While the primary function of an emergency shelter is to provide housing, additional social services are often part of the shelter's program.

Equestrian subdivision means a residential development which meets all of the following criteria:

(1)

The development must be approved as a planned development in accordance with chapter 12 of this title and must be located within the C Conservation and Residential Estate District.

(2)

The development must include one or more dwelling units.

(3)

The development must include facilities used for the housing, boarding, training and/or riding horses or other domesticated equines.

(4)

The development must have an area of not less than 20 acres.

(5)

The development may include the subdivision of the property in accordance with city subdivision regulations into individual lots suitable for sale and use as the site of one or more dwelling units.

Evergreen shrub means a lower story plant that generally will not obtain a mature height of more than 25 feet and usually has a dense branching pattern which is close to the ground level. Such plants retain their foliage throughout the year. Any similar plant that will not attain a mature height of more than one foot will not be regarded as a shrub.

Evergreen tree means a tree that retains its foliage throughout the year that generally develops a pyramidal shape and grows to a mature height and spread that is greater than any pyramidal shaped evergreen shrub such as upright junipers and upright arbor vitae.

Family means one or more persons related by blood, marriage or adoption, or a group of not more than three persons (excluding servants) who need not be related by blood, marriage or adoption, living together and maintaining a common household, but not including sororities, fraternities, or other similar organizations.

Fence means a structure forming a physical barrier which is so constructed that not less than 30 percent of the vertical surface is open to permit the transmission of light, air and vision through such surface in a horizontal plane in contrast to a wall which need have no openings in the vertical surface.

Firearm means any device by whatever name known which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding, however:

(1)

Any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or

(2)

Any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial devices.

Firearm ammunition means any self-contained cartridge or shotgun shell by whatever name known which is designed to be used or adaptable for use in a firearm; excluding, however:

(1)

Any ammunition exclusively designed for use with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or

(2)

Ammunition designed exclusively for use with a stud or rivet driver or other similar industrial device.

Floor area means the total horizontal area of living space enclosed by the exterior walls of a building measured at the outside of such exterior walls, including partitions, closets, bath, and utility rooms, but not including cellars, basements, unfinished attics, garages, breezeways, porches and patios and other spaces not used ordinarily for living, eating and sleeping purposes. Unfinished areas above the ground floor living spaces may be included, provided that subflooring is laid and windows and stairways are installed as required by city ordinances.

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 of the occupants of the premises.

Garage, public, means a building other than a private garage, used for the care, incidental servicing and 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.

Ground dish antenna means an outdoor dish antenna which is not structurally attached to any building, including an accessory building, on the zoning lot on which it is located.

Group home is a dwelling unit occupied as a residence by at least six unrelated persons with disabilities, on a relatively permanent basis as a single housekeeping unit, in a family-like environment, that furnishes habilitative services for its residents as an alternative to institutional care. A group home is owned or operated under the auspices of a nonprofit association, private care provider, government agency, or other legal entity, other than the residents themselves or their parents or other individuals who may be their legal guardians. Support staff or other employees of the entity which own or operate the group home may not reside within the group home. A group home shall be considered a residential use of property for the purposes of the zoning and building codes.

Halfway house is a temporary residential living arrangement for persons leaving an institutional setting and in need of a supportive living arrangement in order to readjust to living outside the institution. These are persons who are receiving therapy and counseling from support staff, who are present at all times, for the following purposes:

(1)

To help them recuperate from the effects of drugs or alcohol addiction;

(2)

To help them re-enter society while housed under supervision while under the constraints of alternatives to imprisonment, including, but not limited to, pre-release, work release, or probationary programs; or

(3)

To help persons with family or school adjustment problems that require specialized attention and care in order to achieve personal independence.

Home occupation means a gainful occupation or profession customarily carried on by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling use for residential purposes. The home occupation shall be carried on only within the principal building and only by members of the family occupying the premises and not more than one person outside of the family. 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 under title 4, chapter 7, no exterior storage of materials, and no other exterior indication of the home occupation and no offensive odors, noise, vibration, smoke, dust, heat or glare shall be produced. No barber shop or beauty parlor having more than two chairs/stations may qualify as a home occupation. Clinics, doctor's offices, hospitals, tea rooms, restaurants, dress shops, millinery shops, tourist homes, animal hospitals and kennels, among others, shall not be deemed to be home occupations.

Hospice is a temporary living arrangement for persons with a terminal disease that requires full-time support, therapy and treatment. A hospice offers terminal care emphasizing quality of life, limiting invasive procedures, and palliative measures. It focuses on alleviating physical pain and symptoms while providing psychosocial, practical, spiritual and bereavement support. A hospice is an alternative to a hospital.

Hotel ormotel 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.

Hotel, apartment, means a building containing dwelling units of individual guestrooms, the majority of which are for permanent guests. Maid and janitor service may be provided, but kitchen facilities are not necessarily included.

Intermediate tree means a deciduous plant characterized by a height and/or spread that is generally smaller than that of a shade tree under natural growing conditions. Such plants will shed their leaves and are dormant during winter. Intermediate trees may have a single trunk or multiple trunks.

Junk motor vehicle means any wrecked, damaged, disabled, or inoperable automobile, bus, truck, or other motor vehicle, or any used part thereof.

Junkyard means any premises utilized for the storage, purchase, sale or exchange of junk, wire, or sheet material; old iron, brass, copper, tin or lead; junk motor vehicles or parts thereof; ranges, old rope, paper or bags, bones, glass or empty bottles; or any articles or things composed of or consisting of any combination of any one or more of the materials or articles mentioned in this definition; provided, however, that the term "junkyard" shall not include use of a person's residence for what is commonly known as a garage sale or yard sale, nor shall the term "junkyard" include use of any premises by a not-for-profit religious or veterans organization for the purpose of conducting what is commonly known as a rummage sale; provided, further, that such garage, yard or rummage sale shall not be continued for a period in excess of five days, and shall not occur with respect to the same premises more frequently than once every 90 days.

Kiosk, automated, means an accessory building or structure having an area of not more than 250 square feet which is used for the sale of goods and services and which is not typically occupied by employees when open for business.

Kiosk, staffed, means an accessory building having an area of not more than 250 square feet which contains no restroom facilities, which is used for the sale of goods and services and which is typically occupied by employees when open for business.

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

Loading and unloading space, off-street, means an open hard surfaced area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor trucks, tractors and trailers, to avoid undue interference with the public use of streets and alleys. Such space shall not be less than ten feet in height, exclusive of access aisles and maneuvering space.

Lodginghouse or roominghouse means a building with not more than five guestrooms where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or to overnight guests.

Lot, when used alone, means a zoning lot unless the context. The term "lot" includes the term "plot."

Lot, corner, means a parcel of land situated at the intersection of two or more streets or adjoining a curved street at the end of a block.

Lot, interior, means a lot other than a corner lot or reversed corner lot.

Lot, reversed corner, means a corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.

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

Lot, zoning. See Zoning lot.

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

Lot Coverage

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

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

Lot line, front, means the front property line of a zoning lot.

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

Lot line, rear, means the lot line opposite the front lot line. Lot lines other than the front or rear lot lines are side lot lines.

Lot of record means a lot which is a part of a subdivision or a parcel of land described by deed and where both the map and the deed are recorded in the office of the county recorder of deeds prior to the adoption of the ordinance from which this title is derived.

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.

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

Medical cannabis dispensing organization means a facility operated by an organization or business that is registered by the state department of financial and professional regulation to acquire medical cannabis from a cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.

Medical clinic means an establishment where human patients and not animals or pets are admitted for diagnosis and treatment by two or more licensed physicians and professional associates utilizing jointly the same reception area, medical supply, laboratory, auto parking and other physical accommodations.

Mini-storage facility means a building or group of buildings divided into separate compartments used or designed to be used by multiple persons for the storage of household goods and other personal property with no commercial transactions or activity permitted within such building other than the rental of the compartments.

Mobile homes. See title 3, chapter 15.

Motor lodges, motels means a group of attached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels, or motor lodges, but not including mobile homes.

Mounted dish antenna means an outdoor dish antenna which is structurally attached to any building, including an accessory building, on the zoning lot on which it is located.

Nonconforming use means any building, structure or land lawfully occupied by a use or lawfully established at the time of the adoption of the ordinance from which this title is derived or amendments thereto, which does not conform after the passage of this title or amendments hereto with the use regulations of this title.

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.

Octave band means a means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

Outdoor dish antenna means a parabolic or spherical antenna used for the purpose of receiving television or other signals from orbiting satellites. The term "outdoor dish antenna" includes both ground dish and mounted dish antennas.

Oversized utility structure means any structure or improvement installed by any person or entity other than the city, which person or entity is engaged in the business of providing telephone or other telecommunication service, electrical service, cable television service, natural gas service, water service or sanitary sewer service and which structure or improvement either has a height in excess of three feet or covers an area in excess of 100 square feet.

Parking area, private, means an open hard-surfaced area of land, 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 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, intended to be 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, automobile, means space within a public or private parking area of not less than 171 square feet exclusive of access drives or aisles, ramps, columns, or office and work areas, for the storage of one passenger automobile or commercial vehicle under 1½-ton capacity.

Planned development means a tract of land which is developed as a unit under single ownership or control and which may not completely conform to all of the regulations of the district in which it is located (see chapter 13 of this title).

Portable storage unit means a wheelless container designed and manufactured to be utilized for the temporary storage and/or transportation of personal property often in conjunction with the moving of household goods to another location or the repair of a damaged structure.

Publicly accessible collection bin means any container, except any container placed by any government or governmental agency, that allows for any member of the public to deposit items into the container for the purpose of collection by the provider of the container.

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

Ringelmann number means the number of the area on the Ringelmann Chart that coincides most nearly with the visual density of smoke emission.

Scenic area means any of the following areas in the city:

(1)

The area bounded by state route 24 on the north, the corporate limits of the city on the west, interstate 74 on the south and a line running equidistant from and 2,000 feet east of the center of state route 116 on the east;

(2)

The area bounded on the northeast by interstate 74, on the southeast by state route 116, on the southwest by the Cedar Street Extension (state route 116) and on the northwest by the corporate limits of the city.

Setback line, building. See Building setback line.

Shade tree means a deciduous plant which generally creates a tall and wide overhead canopy under natural growing conditions. Shade trees will usually have a single trunk. Such plants will shed their leaves and are dormant during winter.

Short-term rental means an operator-occupied residence, property, or structure providing accommodations for a charge to the public with no more than five guestrooms for rent that is offered, advertised, or held out to the public for use or is otherwise in operation for more than ten nights in a 12-month period. The term "short-term rental" includes a boat, houseboat, or similar floating vessel that is rented for overnight lodging and meets the other short-term rental requirements as set forth in this definition. The term "structure" shall include a floating vessel. The term "short-term rental" further includes a bed and breakfast establishment as defined under the Bed and Breakfast Act (50 ILCS 820/1 et seq.). The term "short-term rental" does not include motels, hotels, boardinghouses, roominghouses, or food service establishments. The term "owner-occupied" shall have the meaning set forth in title 3, chapter 28.

Sign. See chapter 16 of this title.

Small wind energy conversion system or small WECS means any wind energy conversion system consisting of a single wind turbine having a maximum generating capacity of 100 kw is intended to generate energy for an individual property primarily for the purpose of reducing energy consumption on that property.

Smoke units means the number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this chart, Ringelmann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed; and the various products are added together to give the total number of smoke units observed during the total period under observation.

Special use means any use of land or buildings or both described and permitted herein, subject to the provisions of section 4-12-10.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is 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. Any basement or cellar with more than one-half of its height, above the established curb level, or above the level of the adjoining ground where curb level has not been established shall be considered a story for the purposes of height measurements.

Story, half, means that portion of a building under a gable, hip or mansard roof, the wall plates of which, at least two opposite, exterior walls, are not more than 4½ 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 full stories in height, a half-story in a sloping roof shall not be counted as a story for the purpose of this title. In the case of multiple-family dwellings, three or more full stories in height, a half-story shall be counted as an additional story.

Street means a public or private way other than an alley.

Street line means a line separating an abutting lot, piece or parcel from a street.

Structural alterations means any change other than incidental repairs which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

Structure means anything constructed or erected which requires location on the ground or is attached to something having location on the ground.

Terrace, open, means a level and rather narrow plane or platform, which, for the purpose of this title, is located adjacent to one or more faces of the principal structure and which is constructed not more than four feet in height above the average level of the adjoining ground.

Tourist home means a dwelling in which accommodations are provided or offered for transient guests.

Tower means any ground- or roof-mounted pole, spire, antenna, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

Tower, HAM radio, is any structure or device which is used for the purpose of collecting or transmitting electromagnetic waves originated by an amateur radio operator for noncommercial purposes.

Tower, multi-user, means a tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.

Tower, single-user, means a tower to which is attached only the antennas of a single-user, although the tower may be designed to accommodate the antennas of multiple users as required in this title.

Truck stop means a facility with separate islands containing fuel pumps used primarily for the purpose of dispensing diesel or biodiesel fuel to commercial motor vehicles as such vehicles are defined in section 18B-101 of the Illinois Vehicle Code (625 ILCS 5/18B-101).

Use means the purpose for which land or a building thereon is designed, arranged or intended or for which it is occupied or maintained, let or leased.

Video gaming cafe means a licensed establishment whose primary or major focus or source of revenue is the operation of video gaming terminals (as defined under the Illinois Video Gaming Act (230 ILCS 40/1 et seq.)) and that only offers alcoholic beverages, food, or other merchandise as incidental or a secondary amenity to the operation of video gaming, provided that the following factors may be considered when determining whether an establishment is a video gaming cafe:

(1)

The overall size, layout, and design of the premises;

(2)

The number of video gaming terminals relative to the entire customer seating capacity of the establishment;

(3)

The size of the video gaming terminal area in comparison to the remaining portion of the establishment;

(4)

The operation of a commercial kitchen on the premises;

(5)

The preparation and variety of food and beverages offered by the establishment;

(6)

The percentage of proposed or actual revenue derived from video gaming as compared to food and beverage sales and other retail sales at the establishment; and

(7)

The number of employees at the establishment and their proposed function.

Warehouse means a totally enclosed permanent structure or part thereof used primarily for the storage of goods and merchandise. A mini-storage facility shall not, for the purposes of this title, constitute a warehouse.

Wind energy conversion system or WECS means an electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

Wind farm means any wind energy conversion system other than a small WECS, as defined in this Code.

Winery means a facility used for the cultivation of grapes or other fruit for the purpose of making wine, the making and bottling of wine and the sale of wine in either wholesale or retail quantities. Wineries may also operate commercial facilities used for the purpose of banquets, wedding receptions, anniversary parties, birthday parties, or other events or gatherings.

Yard means an open space on the same zoning 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, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

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

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

Yard, side, means that 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.

Zero lot line duplex means a two-family dwelling which has been not only designed for separate ownership of each of its two individual dwelling units, but also approved in accordance with the procedures set forth in this title.

Zoning lot means a plot of ground, made up of one or more parcels which is or may be occupied by a use or building, including the open spaces required by this title.

Zoning Lot

(Code 1994, § 5-2-3; Ord. No. 1220, 11-11-1975; Ord. No. 1629, 12-27-1979; Ord. No. 2004, 9-25-1984; Ord. No. 2021, 11-13-1984; Ord. No. 2213, 9-1-1987; Ord. No. 2461, 9-25-1990; Ord. No. 2669, § 1, 10-5-1993; Ord. No. 2734, § 1, 5-3-1994; Ord. No. 2994, § 3, 6-17-1997; Ord. No. 3032, § 1, 12-2-1997; Ord. No. 3106, § 1, 12-1-1998; Ord. No. 3113, § 1, 1-26-1999; Ord. No. 3206, § 1, 3-7-2000; Ord. No. 3334, § 1, 3-19-2002; Ord. No. 3537, § 2, 6-29-2004; Ord. No. 3583, § 2, 1-18-2005; Ord. No. 3768, § 2, 1-29-2008; Ord. No. 3819, § 2, 7-8-2008; Ord. No. 3829, § 1, 9-2-2008; Ord. No. 3871, § 1, 6-2-2009; Ord. No. 3938, § 1, 11-30-2010; Ord. No. 3962, § 1, 3-29-2011; Ord. No. 3985, §§ 1, 2, 7-5-2011; Ord. No. 4073, § 1, 12-4-2012; Ord. No. 4079, § 1, 1-15-2013; Ord. No. 4089, § 1, 2-5-2013; Ord. No. 4095, § 1, 4-2-2013; Ord. No. 4137, § 1, 1-7-2014; Ord. No. 4210, § 1, 2-17-2015; Ord. No. 4271, § 1, 5-3-2016; Ord. No. 4344, § 1, 6-19-2018; Ord. No. 4387, § 1, 6-19-2018; Ord. No. 4454, § 2, 9-17-2019; Ord. No. 4469, § 1, 1-7-2020; Ord. No. 4559, § 1, 4-6-2021)

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of public safety, health, convenience, comfort, morals and general welfare. It is not intended by this chapter to interfere with, abrogate, annul or repeal in any ordinance, rules or regulations previously adopted and not in conflict with any of the provisions of this chapter or which shall be adopted pursuant to law relating to the use of buildings or premises, nor is it intended by this title to interfere with, abrogate or annul any easements, covenants or other agreements between parties, except that where this title imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by such other ordinances or such easements, covenants or other agreements, the provisions of this title shall control.

(Code 1994, § 5-2-4)

(a)

All zoning petitions shall be accompanied by a fee as set forth below. The fee shall be collected by the zoning administrator.

(b)

The fee for pre-annexation agreements shall be $50.00. Such fee shall be paid to the city clerk at the time the pre-annexation agreement is filed.

(Code 1994, § 5-2-5; Ord. No. 1528, 1-16-1979; Ord. No. 1854, 3-30-1982; Ord. No. 3708, § 2, 8-1-2006)

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this title shall be fined not less than $50.00 nor more than $750.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(Code 1994, § 5-2-6; Ord. No. 3292, § 43, 7-3-2001)