ABUTTING: Having property lines immediately adjacent.

ACCESSORY STRUCTURE OR USE: A building or use which:

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

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

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

   D.   Is located on the same zoning lot as the principal building or principal use.

An accessory structure or use includes, but is not limited to: a children's playhouse, garden house and private greenhouse, garage, shed, domestic storage buildings, boathouse, boat hoist, disaster shelters, fences, incinerators incidental to residential use, garbage corrals, swimming pools, off street parking areas, carports, storage of merchandise normally carried in stock on the same lot with any retail service or business use, or storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground unless such storage is excluded by the district regulations.

ACRE: A tract or parcel of land covering an area of forty three thousand five hundred sixty (43,560) square feet.

ACREAGE: Any tract or parcel of land having an area of one acre or more which has not been subdivided or platted.

ADDITION: Any construction which increases the size of a building such as a porch, attached garage, or a new room or wing. An addition is a form of alteration.

ADULT ENTERTAINMENT: The commercial enterprises related to sale or purchase of sex related services.

AESTHETIC: Appealing to the senses.

AGRICULTURE: The science, art, and business of cultivating soil, producing crops, and raising livestock; farming.

AGRITOURISM: Agritourism allows certain commercial operations relative to farming or traditional agricultural uses which may be developed to attract tourists and visitors to a particular parcel of property. Such operations include, but are not limited to; corn mazes, fall pumpkin sales and festivals, storytelling festivals, haunted houses, butterfly houses, hayrides, Christmas tree sales and festivals, sales of farm grown or produced products, farming or agricultural demonstration activities and the like. As part of the aforementioned agritourism activities on a parcel of property, it is expected that there would be certain sales of goods, and merchandise which are not produced as part of or incidental to agricultural or agritourism operations including, but not limited to, souvenirs, t-shirts and items of clothing, food sales or products, and the like. For a particular enterprise being conducted on property zoned for agritourism uses, the income earned from goods and merchandise which is not incidental to the agritourism use on a particular property shall not exceed thirty percent (30%) of the gross income attributable to the particular element of the agritourism business. For any festival which is not incidental to an agritourism use provided herein, such as a music festival, play exhibition, performance, competition, musical, sporting event, concert show or the like which occurs on a property, the property owner shall be required to obtain a separate business license as an athletic contest or public amusement (as appropriate) from the village clerk and pay all fees therefor, and shall comply with all village codes, regulations and conditions and pay all fees required for additional police and other public safety agencies.

ALLEY: A public way which affords only a secondary means of access to abutting property.

ALTERATION: A physical change in a building or an addition to it.

AMORTIZATION: The process by which nonconforming uses and structures must be discontinued or made to conform to requirements of this ordinance at the end of a specified period of time.

ANIMAL HOSPITAL: Any building or portion designed or used for the care, observation or treatment of domestic animals.

ANIMAL POUNDS, SHELTERS AND KENNELS: A facility that houses domestic animals.

APARTMENT: A room or suite of rooms for lease which is arranged, designed or intended to be used as a single housekeeping unit. Full kitchen and bathroom facilities, permanently installed, must be included for each unit.

APIARY (BEEKEEPING): An apiary (also known as a bee yard) is a place where beehives of honeybees are kept.

APPLIANCE: Any consumer product, including, but not limited to, any television set, radio receiver, phonograph, tape recorder or stereophonic equipment designed for household use, tape and cassette players and recorders, compact disc and digital equipment, citizen band radio units, video systems and components, hand calculators, telephones and computers; and major appliances, such as: central air conditioning systems, refrigerators, stoves, washers, dryers, dishwashers, microwave ovens, garbage disposal and trash compactors.

ARBORETUM/BOTANICAL GARDEN: A place where a wide variety of plants are cultivated for scientific, educational, and ornamental purposes, often including a library, a herbarium, and greenhouses.

ARENA: An enclosed area for the presentation of events or a building housing such an area.

ASSISTED LIVING FACILITY: A multi-family development that provides or coordinates oversight and services to meet residents' individualized scheduled needs based on the residents' assessment and service plans and their scheduled needs as they arise.

ASSISTED LIVING OVER FIFTY FIVE FACILITY: A multi-family development with minimum medical care, consisting of fully functioning units with a kitchen, bathroom, one or two (2) bedrooms and storage, for clientele fifty five (55) years or over.

AUDITORIUMS: A room, hall or building in which people gather for meetings and performances.

AUTOMOBILE SERVICE STATION: A place where gasoline, automobile accessories, minor automobile repairs or maintenance are offered for sale.

AWNING: A rooflike cover, temporary in nature, which projects from the wall of a building.

BAKERIES, RETAIL: A place for the production of or selling baked goods.

BAKERIES, WHOLESALE: Commercial establishment for the production of baked goods.

BASE FLOOD: The flood having one percent (1%) probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year flood.

BASEMENT: A story partly or wholly underground.

BED AND BREAKFAST: A commercial establishment (such as an inn) offering lodging and breakfast.

BILLBOARD: A sign which advertises or directs attention to a business, commodity, service or entertainment conducted or offered for sale elsewhere than upon or within the premises where the sign is located or to which it is affiliated; also, an advertising device, the area of which exceeds one hundred (100) square feet.

BOAT LIVERY: Water taxi service.

BOAT RENTAL: Watercraft leased for personal use.

BOWLING ALLEYS: A building or room containing lanes for bowling.

BUFFER ZONE: A strip of land established to protect and separate one type of land use from another.

BUILDABLE AREA OF LOT: The space remaining on a zoning lot after the front, rear and side yard setbacks have been met. No portion of a lot that is deemed wetland shall be included as buildable area of a lot. (See definition of Wetland.)

BUILDING: 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.

BUILDING HEIGHT: The vertical distance measured from the 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 lines of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof.

BUILDING LINE: A line on a lot, parallel to a lot line or street right of way at the sufficient distance to provide the required yards.

BUILDING MATERIALS SALES YARD: An area with its buildings and facilities set aside for the exchange of goods and services for construction purposes.

BUILDING PERMIT: Official authorization to begin construction or renovation.

BUILDING, PRINCIPAL: A nonaccessory building in which the principal use of the zoning lot on which it is located is conducted.

BUILDING SETBACK LINE: A building line establishing the minimum allowable distance between a street right of way line, a lot line, and any structure.

BUILDING, TEMPORARY: Any building not designed to be permanently located in the place where it is, or where it is intended to be placed or affixed.

BULK: The terms used to indicate the size and setbacks of buildings and structures and location of same, with respect to one another and includes: size and height of buildings, floor area ratio, open spaces, lot area per dwelling, and parking.

BUSINESS PARK: A tract of land between forty (40) and two hundred fifty (250) acres of contiguous property (as defined by this ordinance) which is intended to provide for a unified development of mixed business uses, in a campuslike setting, which will promote and maintain desirable economic activities.

CABIN OR COTTAGES FOR SEASONAL USE: A dwelling unit for temporary or seasonal occupancy.

CAMP: Any land, including structures, used for assembly or temporary occupancy by persons and providing outdoor recreational facilities.

CANDY STORES: A store that principally sells candy.

CAR WASH: A business establishment where motor vehicles are washed automatically or manually.

CARPET AND RUG STORES: An establishment where a heavy fabric commonly of wool or nylon for covering a floor is sold.

CARPORT: A roofed over area for vehicle storage, which may be open on three (3) sides.

CATERING ESTABLISHMENTS: A place of business that provides food service at a remote site.

CEMETERIES: Including mausoleums and crematories (must conform to state and federal standards):

Cemetery: A spatially defined area where the remains of deceased people are buried or are otherwise interred.

Crematorium: A place, such as a funeral establishment, at which cremation is done.

Mausoleum: An external freestanding building constructed as a monument enclosing the interment space or burial chamber of a deceased person or persons.

CERTIFICATE OF OCCUPANCY: Official certification that a premises conforms to provisions of this zoning ordinance and building code and may be used or occupied.

CHURCHES: A building for public religious worship.

CIGAR LOUNGE: An establishment that, in compliance with state law, caters to patrons that smoke cigars.

CLINICS: An establishment where licensed physicians, surgeons or dentists engage in the practice of medicine or dentistry, operating on a group or individual basis with pooled facilities.

CLOTHING STORES: An establishment where clothing is sold on a retail basis.

CLUBS, LODGES, MEETING HALLS, AND RECREATIONAL CENTERS:

Club Or Lodge: A nonprofit association of persons who are bona fide members which owns, hires or leases a building or portion thereof, the use of which is restricted to members and their guests.

Lodge: The meeting place of a branch of an organization and especially a fraternal organization.

Meeting Hall: A room provided for singular events such as business conferences and meetings.

Recreation Center: A building used as a meeting place for a particular group or having facilities for certain activities.

COLLECTION BIN: A freestanding structure, container, receptacle or similar device that is used for soliciting and collecting donations of clothing, books, or other salvageable personal property. This term excludes any unattended collection bin within an enclosed building. Collection bins are only allowed on property owned by or leased to a unit of local government.

COLLEGES AND UNIVERSITIES AND OTHER ACCESSORY BUILDINGS NECESSARY FOR OPERATION: An institution of higher learning providing facilities for teaching and research and authorized to grant academic degrees.

COMPREHENSIVE PLAN: The comprehensive development plan and policies of Fox Lake, Illinois, as amended from time to time.

CONCRETE MIXING PLANT: A commercial facility that mixes and distributes concrete.

CONTRACTOR: A company or person with a formal contract to do a specific job, supplying labor and materials and providing and overseeing staff if needed.

CONVENIENCE STORE: A retail establishment which may offer various goods and services for sale including, but not limited to, food, beverages, and gasoline. The establishment is convenient to use by customers by its location and operation hours.

CONVENTION CENTERS: A large building or group of buildings designed for conventions, industrial shows, and the like, having large unobstructed exhibit areas and often including conference rooms, hotel accommodations, restaurants, and other facilities.

CONVERSION: Changing the original purpose of a building to a different use.

CULTIVATION OF GARDEN AND FIELD CROPS: The planting, growing, and harvesting of crops or plants, or the preparation of land for this purpose.

CURRENCY EXCHANGES: A business used to exchange currency and provide related services.

DENSITY: The average number of dwelling units per unit of land. Net density will be used in calculating density.

DEPARTMENT STORES: A store having separate sections for a wide variety of goods.

DIAPER SERVICES: A business that dedicates itself to picking up wet and soiled cloth diapers from surrounding households in its service area.

DISTANCE CALCULATIONS: For off street parking and off site parking, will be done by measuring the distance from the closest point to the off street/off site parking of the subject property A (business property) to the farthest point of property B (off site/off street parking property) by way of the existing streets.

DRIVING RANGE: A place or facility where golfers can practice their drive strokes, usually consisting of a row of small tees fronting an open area of ground.

DRUGSTORES: A store where prescription and over the counter drugs are sold, as well as other goods.

DWELLING: A permanent structure or portion thereof, intended for use as a permanent residence.

DWELLING, DETACHED: A dwelling which is entirely surrounded by open space on the same lot.

DWELLING, MULTIPLE-FAMILY: A building or portion thereof designed for occupancy by two (2) or more families living independently of each other.

DWELLING, SINGLE-FAMILY: A dwelling unit designed exclusively for use by a single family.

ENVIRONMENTAL CORRIDORS: A network of greenbelts and/or unique open space systems as established in the comprehensive plan to protect, preserve and meet the needs of open spaces for existing and future residents of the village.

EXPOSITION CENTER: A multipurpose facility for public shows and public events to include, but not limited to, motor vehicle sales, boat and marine sales and indoor resale.

FARMING: Use of land cultivated for the purpose of agricultural production and/or devoted to the raising and breeding of domestic animals.

FLOODPLAIN: An area the elevation of which is greater than the normal water level of pool elevation but equal to or lower than the flood base elevation.

FLOOR AREA: The sum of the gross floor area for each of the several stories under roof, measured from the exterior limits or faces of a building or structure.

FLOOR AREA RATIO: The total floor area of the building or buildings on a zoning lot, divided by the area of such zoning lot.

FREIGHT TERMINALS: Facility in which two (2) means of transportation meet to interchange freight.

GAME ROOMS: Any premises, other than a tavern, where there are available to the public more than four (4) coin operated amusement devices, excluding vending machines that do not incorporate gaming or amusement features and excluding coin operated musical devices.

GARAGE, COMMERCIAL OR MUNICIPAL: A building, other than a private garage, used for the incidental servicing of motor vehicles and equipment.

GARAGE, PRIVATE: An accessory building or an accessory portion of a building which is intended for and used to store the private passenger vehicle of the family or families which reside upon the premises.

GARDEN CENTER OR GREENHOUSE/NURSERY: An operation that grows and/or sells plants and related products as its primary business.

GUNSMITH: A dealer is "engaged in the business" of gunsmithing, as defined in 18 U.S.C. 921(a)(21)(D) and 27 CFR 478.11, when he/she receives firearms (frames, receivers, or otherwise) provided by a customer for the purpose of repairing, modifying, embellishing, refurbishing, or installing parts in or on those firearms. Once the work is completed, the gunsmith returns the firearms, and charges the customer for labor and parts. As with an individual customer, a licensed dealer-gunsmith may receive firearms (properly identified with a serial number and other information required by 27 CFR 478.92) and conduct gunsmithing services for a customer who is a licensed importer or manufacturer. A dealer-gunsmith is not "engaged in the business" of manufacturing firearms because the firearms being produced are not owned by the dealer-gunsmith, and he/she does not sell or distribute the firearms manufactured. Once the work is completed, the dealer-gunsmith returns the firearms to the importer or manufacturer upon completion of the manufacturing processes, and does not sell or distribute them to any person outside the manufacturing process. Under these circumstances, the licensed dealer-gunsmith is not "engaged in the business" of manufacturing firearms requiring a manufacturer's license.

In contrast, a dealer-gunsmith may make or acquire his/her own firearms, and repair, modify, embellish, refurbish, or install parts in or on those firearms. If the dealer-gunsmith then sells or distributes those firearms for livelihood and profit, the dealer-gunsmith is engaged in his/her own business of manufacturing firearms. A person engaged in the business of manufacturing firearms for sale or distribution is required to be licensed as a manufacturer, identify/mark all firearms manufactured, maintain permanent records of manufacture, submit annual manufacturing reports, and pay any taxes imposed on firearm manufacturers. A licensed dealer-gunsmith who becomes licensed as a manufacturer must also segregate all firearms manufactured for that business separately from firearms for which gunsmithing services are being performed.

HEALTH CLUBS: A business establishment engaged in providing services, including, but not limited to, exercise, sports activities, and conditioning equipment, for the physical and mental well being of individuals.

HELIPORTS: A landing area for helicopters to operate.

HOME OCCUPATIONS: A business, profession or other economic activity conducted full or part time in the principal residence of the person conducting the business. (See section 9-1-5-11 of this ordinance for rules and regulations.)

HOSPITALS: A facility in which sick or injured persons are given medical or surgical treatment including overnight stays.

HOTELS/MOTELS: An establishment containing lodging accommodations designed for use by transients, travelers, or temporary guests.

KENNELS: An establishment for breeding or boarding domestic pets.

LABORATORY: A facility equipped for manufacturing, testing and analysis.

LIGHT MANUFACTURING: A business that primarily assembles goods or repairs merchandise with very little, if any, byproduct and/or potential pollutants.

LIQUOR STORES/PACKAGED GOODS: A store that sells alcoholic beverages for consumption off the premises.

LOADING AREA, OFF STREET: 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 vehicles, tractors and trailers, to avoid undue interference with public streets and alleys.

LOT: A parcel of land legally described as a distinct portion or piece of land of record.

LOT AREA: The area of a horizontal plane bounded by the front, side and rear lot lines.

LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets.

LOT COVERAGE: The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

LOT DEPTH: The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries.

LOT, FLAG: A lot that in addition to a rectangular shape has a narrow strip of land, similar to a flagpole, extending a significant distance off this main parcel.

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, INTERIOR: A lot other than a corner lot or reversed corner lot.

LOT LINE: A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends to the abutting street or alley, the lot line shall be deemed to be the street or alley line.

LOT LINE, FRONT: The front property line of a zoning lot as determined by the legal address.

LOT LINE, REAR: The lot line or lot lines most nearly parallel to and most remote from the front lot line.

LOT LINE, SIDE: Lot lines other than front or rear lot lines.

LOT OF RECORD: An area of land designated as a lot on a plat of subdivision, recorded or registered, pursuant to statute.

LOT, REVERSE CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets where the rear of the lot abuts upon the side lot line of another lot.

LOT, WIDTH: The mean horizontal distance between the side lot lines measured from the lot boundaries, or the minimum distance between the side lot lines within the buildable area.

MAIL ORDER HOUSES: A business establishment that takes mail orders and sends goods by mail.

MANUFACTURING: The production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products.

MARINA: A boat basin and recreational facility, located on waterfront property, providing moorings for boats, and one or more of the following facilities: boat launching, boat rental, boat livery, boat sales, maintenance shops, marine supply store, fuel dock and boat storage.

MARKET: An open place or a covered building where buyers and sellers convene for the sale of goods.

MASSAGE THERAPY: A treatment that utilizes specific manual techniques to manipulate the soft tissues of the body.

MEAT MARKETS, RETAIL: The sale of animal products for consumption directly to the consumer.

MEAT MARKETS, WHOLESALE: The sale of animal products for consumption to retailers who in turn sell to consumers.

MEDICAL CLINICS, DENTAL CLINICS, AND PHYSICIAN OFFICES: A facility that provides outpatient service and general medical and dental care.

MEDICAL MARIJUANA CULTIVATING CENTER: A facility authorized by Illinois law and registered with the Illinois department of agriculture to grow and cultivate cannabis for medicinal purposes in accordance with all state statutes and regulations.

MEDICAL MARIJUANA DISPENSARY: A facility authorized by Illinois law and registered with the Illinois department of financial and professional regulation to dispense cannabis for medicinal purposes in accordance with all state statutes and regulations.

MEMORY CARE FACILITY: An assisted living facility including specialized areas dedicated to caring for patients needing memory care for dementia, Alzheimer's or other cognitive imperatives.

MICROBREWERY, DISTILLERY, BREWPUBS: A small, usually independent brewery that produces limited quantities of specialized beers, which may be sold for consumption on the premises. Brewpubs shall include food service.

MOBILE HOME: A house trailer that is parked in one particular place and used as a living accommodation.

MOTOR FREIGHT TERMINAL: A facility in which two (2) means of transportation meet to interchange.

MOTOR VEHICLE SALES ESTABLISHMENT: The sale of new or used motor vehicles accompanied by a permanent sales office or a building for sale and display which may be accompanied by repairs and reconstruction.

NET DENSITY: The number of dwelling units divided by the number of net acres available for development. This net buildable area is the total acres minus wetlands.

NONCONFORMING BUILDING, LOT OR USE: Any building, lot, structure or use which does not conform to the regulations herein prescribed.

NONCONFORMING BUILDING, LOT OR USE, ILLEGAL: An unlawfully established building, lot, structure or use which does not conform to the regulations herein prescribed.

NONCONFORMING BUILDING, LOT OR USE, LEGAL: Any lawfully established building, lot, structure or use, which does not conform to the regulations herein prescribed, which was in existence prior to enactment of this zoning ordinance or for which a variation has been granted.

NURSERY: An area where plants are grown for transplanting, for use as stocks for budding and grafting, or for sale.

NURSERY/DAYCARE: A facility that provides supervision of and care for children or disabled adults that is provided during the day by a person or organization.

NURSING HOME: An assisted care living facility.

OFF SITE PARKING: An open area, other than a street or public right-of-way, intended to be used for the storage of passenger automobiles and commercial vehicles located on a zoning lot other than on which the principal use is located.

OFF STREET PARKING: An open area, other than a street or public right-of-way, intended to be used for the storage of passenger automobiles and commercial vehicles located on the same lot as the principal use.

ORCHARD: A parcel of land devoted to the cultivation of fruit or nut trees.

OUTDOOR CLUB: An association of persons who are bona fide members which owns or leases property or portion thereof, the use of which is restricted to members and their guests.

PARKS, PUBLICLY OWNED: A parcel of land, usually in a largely natural state, for the enjoyment of the public having facilities for rest and recreation.

PERFORMANCE STANDARD: A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire, explosive hazards, or glare or heat generated by or inherent in the uses of land or buildings.

PET GROOMING: An establishment where domestic animals may have their bodies washed, their fur trimmed and brushed, nails clipped and the like. Services do not include overnight boarding, or care rendered by a veterinarian.

PLANNED UNIT DEVELOPMENT: A parcel of land, under single ownership or unified control, for which the specific requirements of the underlying zoning district may be modified when:

   A.   The proposed development offers benefits to the neighborhood and/or community of which it is a part, beyond those required by this zoning ordinance; and/or

   B.   The proposed use of land includes substantial amenities not otherwise required. This includes, but is not limited to: provisions for common open spaces; recreational facilities; or specific design, engineering, architectural, site planning or landscape features.

PLAT: A map, generally of a subdivision, showing the location and boundaries of individual parcels.

RECREATIONAL VEHICLE PARK: A parcel on which campsites are established for occupancy by recreational vehicles of the general public as temporary living quarters for purposes of recreation or vacation.

RECREATIONAL VEHICLE "ROAD READY": A recreational vehicle that is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices. The hitch must remain on the vehicle at all times and the vehicle and the vehicle's wheels must remain on its axles with tires inflated.

RESALE STORES: The sale of secondhand retail items.

RESORT: A recreational facility which may provide overnight accommodations, including dining facilities, lounge and outdoor facilities.

RESTAURANT: Any building or part thereof where a menu of food items are cooked and prepared for compensation, for the general public for immediate consumption on and/or off the premises, including any part of such building or part thereof which may be used for dining by the general public. The retail sale of beer, wine and other alcoholic beverages for consumption on the premises and dancing may be provided on the premises. The building or part thereof should be comprised of not less than fifty percent (50%) of the gross floor area of the establishment devoted to patron seating. Reheating of already prepared food by microwave or other heated equipment, and/or the selling of already prepared food for consumption off premises does not constitute a restaurant.

RETAIL: The sale of goods or services directly to the consumer.

SHOPPING CENTER: A group of commercial establishments planned, developed, and managed as a unit, located on a zoning lot.

SITE PLAN: A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes, but is not limited to, lot lines, streets and buildings.

SMALL WIRELESS FACILITY: A wireless facility that meets both of the following qualifications: a) each antenna is located inside an enclosure of no more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six (6) cubic feet; and b) all other wireless equipment attached directly to a utility pole associated with the facility is cumulatively no more than twenty five (25) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment: volume, electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.

SPECIAL HEARING: A public meeting convened for consideration of petition requests for special uses, variations, and amendments to this zoning ordinance or when required.

SPOT ZONING: Zoning a relatively small area differently from the zoning of the surrounding area, usually for an incompatible use.

STABLES: A building in which livestock, especially horses, are kept. It most commonly means a building that is divided into separate stalls for individual animals.

STADIUMS: A place where people watch sports or other activities, usually a large enclosed flat area surrounded by tiers of seats for spectators.

STAFF REVIEW: The process whereby local officials review the site plans and maps of a developer to assure that they meet the stated purposes and standards of the zone, provide for the necessary public facilities, and protect and preserve topographical features and adjacent properties through appropriate siting of structures and landscaping.

STORAGE: Space for the safekeeping of goods.

STORAGE FACILITIES, COMMERCIAL OR MUNICIPAL: A building or structure used for storing raw materials and other materials, equipment, manufactured products, and the like.

STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above, the space between the floor and the ceiling next above it.

STREAM: Any continuously flowing natural watercourse.

STRUCTURAL ALTERATIONS: A physical change in a building or an addition to it.

STRUCTURE: Anything constructed or erected which requires location on the ground or is attached to something having location on the ground, including a fence or freestanding wall.

STRUCTURE, MOBILE: Any structure without footing, foundation, piling, caisson or slab for business or residential use.

SUBDIVISION: Any division or redivision of a parcel of land into two (2) or more parts by mapping, platting, conveyance, change or rearrangement of boundaries.

TAVERN: An establishment for the retail sale of beer, wine and other alcoholic beverages for consumption on the premises and may provide a menu of food items.

TEMPORARY: Not of permanent nature, but for a limited time.

THEATERS: A building or area for showing motion pictures or a live performance.

WAREHOUSING: The storage of wares or goods before distribution.

WIRELESS SERVICE TOWER: Any structure that is designed and constructed for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers, or monopole towers. The term encompasses personal wireless service facility towers, microwave towers, common carrier towers, cellular telephone towers, personal communications services towers, alternative tower structures, and the like. This definition and ordinance 98-14 1 is not intended to apply to ham radio antennas or operations.

ZONING LOT: A single tract of land designated by its owner or developer as a tract to be used, developed or built upon as a unit. (Ord. 2013-05, 3-12-2013; amd. Ord. 2013-17, 8-13-2013; Ord. 2014-08, 5-13-2014; Ord. 2015-03, 1-13-2015; Ord. 2015-17, 4-14-2015; Ord. 2015-36, 7-28-2015; Ord. 2015-42, 8-25-2015; Ord. 2015-44, 10-13-2015; Ord. 2016-07, 2-9-2016; Ord. 2016-19, 5-24-2016; Ord. 2016-33, 9-27-2016; Ord. 2017-26, 5-23-2017; Ord. 2018-34, 7-24-2018; Ord. 2019-01, 1-22-2019; Ord. 2019-45, 12-10-2019; Ord. 2023-03, 2-14-2023; Ord. 2024-12, 4-9-2024)

   A.   Purpose: The purpose of this section is to establish general guidelines for the siting of towers and antennas. The goal of this section is to: 1) encourage the location of towers in nonresidential areas and to minimize the total number of towers throughout the Village; 2) encourage the joint use of new and existing tower sites; 3) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the Village is minimal; 4) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and 5) enhance the ability of providers of personal wireless services to provide such services throughout the Village quickly, effectively and efficiently. Accordingly, the Corporate Authorities find that the promulgation of this section is warranted and necessary.

All towers and antennas existing on the date of the passage of ordinance 98-14 shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such existing towers and antennas. New construction other than routine maintenance on existing towers shall comply with the provisions as set forth in this section. (Ord. 98-14, 2-2-1998)

This section shall not apply to small wireless facilities (as defined in section 7-1E-2 of the Village Code) except that requests for height exceptions or variances for small wireless facilities shall be subject to the special use procedure and conditions set forth in subsections B2 and B3 of this section. (Ord. 2018-34, 7-24-2018)

   B.   General Requirements:

      1.   Location: Wireless telecommunication facilities, and wireless service towers are permitted in the event a special use is granted in the M-1 and M-2 Zoning Districts. In addition, wireless telecommunication facilities, and wireless service towers are permitted on land and structures owned by the Village if a special use is granted for this purpose.

      2.   Procedure: The procedure for applying for a special use pursuant to this section is the same procedure established and described in section 9-1-6-10 of this ordinance.

      3.   Special Use Conditions: In accordance with section 9-1-6-10 of this ordinance, the Zoning Board shall require, but not be limited to, satisfaction of the following conditions before recommending the grant of a special use pursuant to this section:

         a.   The personal wireless service provider proposing to construct an antenna support structure, tower, or mount an antenna on an existing structure, is required to demonstrate, using technological evidence, that the antenna must be placed in the approximate location which is proposed in order to satisfy its function in the provider's grid system.

         b.   The provider must demonstrate by technological evidence that the height requested is the minimum height with a necessary allowance for the potential collocation by other telecommunications providers as hereinafter described, necessary to fulfill the cell site's function within the grid system.

         c.   The provider must demonstrate that the wireless service facilities will not have an adverse effect on adjacent residential property values.

         d.   The provider must demonstrate that the wireless service facilities will not have an adverse visual impact and will not adversely affect the surrounding neighborhood.

         e.   The applicant for a new antenna support structure to be located in the M-1 and M-2 Zoning Districts shall demonstrate that a diligent effort has been made to locate the proposed communications facilities on a governmental structure or other governmental property and that due to valid consideration including physical constraints, and economic or technological feasibility, no other appropriate location is available.

         f.   The provider is required to demonstrate that it contacted the owners of tall structures within a one mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones.

         g.   The information submitted by the applicant shall include a map of the area to be served by the tower, its relationship to other antenna sites in the applicant's network, and an evaluation of the suitability of existing buildings taller than forty five feet (45'), communication towers and water towers within one mile of the proposed tower.

   C.   Minimum Requirements When Placement Of Wireless Services Facilities Is On Village-Owned Structures Or Property:

      1.   The applicant shall negotiate and obtain a lease or other agreement with the Village regarding such placement and shall comply with the terms therein;

      2.   The antenna or tower will not interfere with the purpose for which the Village-owned property is intended;

      3.   The antenna or tower will have minimal visual or economic impact on surrounding property;

      4.   The applicant is willing and is able to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land or structures and other necessary provisions and safeguards. The compensation for the lease shall be established by the corporate authorities after considering comparable rates in other communities, potential expenses, and other appropriate factors;

      5.   The applicant will submit an irrevocable letter of credit acceptable to the Village to cover the cost of the antenna or tower's removal upon termination of the lease;

      6.   The applicant must reimburse the Village for any costs which the Village incurs by reason of the lease and the presence of the applicant's antenna or tower; and

      7.   The applicant must obtain other land use approvals if required.

   D.   Special Prohibition: In no case shall antennas be allowed in parks or areas designated as conservation areas.

   E.   Reservation Of Right: Notwithstanding the above, the Board of Trustees reserves the right to deny the use of any or all Village-owned property by anyone or all applicants.

   F.   Co-Location On Towers: To minimize adverse visual impacts associated with the proliferation of towers, co-location of antennas by more than one provider on existing or new towers shall be required rather than the construction of new single-use towers as follows:

      1.   Providers may, and are encouraged to, co-locate antennas onto towers. Provided such co-location is accomplished in a manner consistent with the policy, site criteria, landscape/screening and all other provisions contained in this Section, then such co-locations are permitted by right and new or additional special use review approval is not required, provided that any other permit, license, lease, or franchise requirements must also be satisfied;

      2.   Unless the corporate authorities determine that co-location is not feasible, the site plan shall delineate an area near the base of the tower to be used for the placement of additional equipment or building for other users. The site plan for towers in excess of one hundred feet (100') must propose space for two (2) or more other users while the site plan for towers under one hundred feet (100') must propose space for one other user. To provide further incentive for co-location as a primary option, an existing tower may be modified or reconstructed to accommodate the co-location of an additional antenna, provided that an application is filed and approved by the Village;

      3.   Upon the approval of the Village, an existing tower may be modified or rebuilt to a taller height, not to exceed the height limitation for towers and antenna as contained in the Village Zoning Regulations, to accommodate the co-location of additional antennas. The height change may occur only once per tower, and the tower as modified must comply with the other provisions of the Zoning Regulations.

   G.   Design Criteria:

      1.   Towers: In order to reduce the number of antenna support structures needed in the Village in the future, any new proposed support structure shall be designed to accommodate antennas for more than one user, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons. The Village may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.

         a.   Tower Design: Every new tower shall be a monopole rather than a lattice type tower, unless otherwise authorized by the corporate authorities for good cause shown;

         b.   Setback: Tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. The tower shall comply with the minimum setback requirements of the area in which they are located in all zoning districts in addition to the specific requirements for towers and antennas contained in this Zoning Ordinance. In no event shall the tower be less than two hundred twenty five feet (225') from the closest residential structure.

         c.   Lights, Signals And Signs: No signals, lights or signs shall be permitted on towers unless required or recommended by the FCC or the FAA.

         d.   Tower Safety: The applicant shall demonstrate that the proposed tower is safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris or interference. All towers shall be fitted with an anti-climbing device, as approved by the manufacturer.

         e.   Standards: To ensure the safe operation of towers, the owner of a tower shall maintain the tower in compliance with all FCC and FAA standards and applicable standards of any other governmental agency and the applicable standards for towers that are published by the Electronic Industries Association (EIA), as amended from time to time. If, upon inspection, the Village concludes that a tower fails to comply with such standards or constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the Village may remove such tower at the owner's expense, or the Village shall have the right to bring the tower into compliance and the costs of which shall constitute a lien on the property and the Village shall have the right to record and enforce said lien.

         f.   Structural Design: The tower shall be constructed to the EIA standards, which may be amended from time to time, and all applicable construction/building codes. Further, any improvements and/or additions to existing towers shall require submission of site plans sealed and verified by a professional engineer which demonstrate compliance with the EIA standards and all other good industry practices in effect at the time of said improvement or addition. Said plans shall be submitted and reviewed at the time existing building permits are requested.

      2.   Antenna Criteria: To the extent feasible, antennas on or above a structure shall be subject to the following:

         a.   The antenna must be architecturally compatible with the building structure or wall on which it is mounted and designed and located so as to minimize any adverse aesthetic impact;

         b.   The applicant shall demonstrate the antenna is the minimum height required to function satisfactorily;

         c.   The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless for technical reasons the antenna needs to project above the wall. In no event shall an antenna project more than fifteen feet (15') above the height of the building;

         d.   The antenna shall be constructed, painted or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted;

         e.   The antenna shall be attached to an existing conforming mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than fifteen feet (15') above the enclosure;

         f.   If an accessory equipment shelter is to be erected or is present, the equipment shelter must blend to the extent practicable with the surrounding buildings in architectural character and color. The structure must be architecturally and visually (color, size and bulk) compatible with surrounding existing buildings, structures and/or uses or those likely to exist on the terms of the underlying zoning;

         g.   If a proposed antenna is to be located on a building or a lot subject to a special use permit, written Village approval is required prior to the issuance of a building permit for the antenna;

         h.   No antenna shall be permitted on property designated as an individual landmark or as a part of an historic district or site, unless such antenna has been approved in accordance with this Section and written permission is obtained from the Village;

         i.   On buildings forty five feet (45') or more in height, the antenna may be mounted on the roof if:

            (1) The Village finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall;

            (2) No portion of the antenna or base station causes the height of the building to exceed the limitations set forth herein;

            (3) Roof-mounted antennas are completely screened from view by materials that are consistent and compatible with design, color, and materials of the building;

            (4) No portion of the antenna may extend more than fifteen feet (15') above the height of the existing building;

            (5) No antenna shall cause localized interference with the reception or transmission of any other communication signals including, but not limited to, public safety signals, and television and radio broadcast signals.

      3.   Facilities: Facilities should be architecturally compatible with the surrounding buildings and land uses in the zoning district or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practicable.

      4.   Color: Towers and antennas shall have a color generally matching the building, surroundings or background that minimizes their visibility, unless a different color is required by the FCC or FAA. Muted colors, earth tones and subdued colors shall be used wherever possible. The paint on the tower shall be properly maintained.

      5.   Equipment Structures: Ground level equipment and buildings and the tower base shall be adequately screened. The standards for the equipment buildings are as follows unless otherwise authorized by the corporate authorities for good cause shown.

         a.   The maximum floor area is four hundred (400) square feet and the maximum height is twelve feet (12'), and the structure shall be designed and constructed so as to facilitate in the joining equipment structure of another provider which would abut the original equipment structure.

         b.   Ground level buildings shall be screened from adjacent properties by landscape plantings, fencing, or other appropriate means, specified herein or elsewhere in the Village Code.

         c.   Equipment mounted on a roof shall have a finish similar to the exterior building walls. Equipment for roof-mounted antennas may also be located within the building on which the antennas are mounted, subject to good engineering practices. Antennas and related equipment shall occupy no more than twenty five percent (25%) of the total roof area of a building.

      6.   Federal Requirements: All towers and antennas must meet or exceed current standards and regulations of the FCC, the FAA, and any other agency of the Federal Government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Section shall bring such towers and antennas into compliance with such revised standards and regulations within three (3) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling Federal agency. Upon failure to bring towers and antennas into compliance with such revised standards and regulations, the Village shall have the right to remove said towers and antennas at the owner's expense at any time after sixty (60) days' certified mail, return receipt requested, written notice to the owner at his or her last known address.

      7.   Fencing: A well constructed wood fence, stucco, masonry or stone wall or other fencing ("fencing") not less than nor more than six feet (6') in height from finished grade shall be provided around each tower. The type of fencing shall be subject to review and approval by the corporate authorities. Security fencing should be colored or should be of a design which blends into the character of the existing environment. Access to the tower shall be through a locked gate.

      8.   Site Location: Site location and development shall preserve the preexisting character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques must be evaluated by the Village, in the Village's sole discretion, taking into consideration the site as built.

      9.   Cooperation: No personal wireless service facility owner or lessee or officer or employee thereof shall act to exclude or attempt to exclude any other personal wireless service provider from using the same building, structure or location. Personal wireless service facility owners or lessees or officers or employees thereof shall cooperate in good faith to achieve co- location of personal wireless service facilities and equipment with other personal wireless service providers pursuant to a commercially reasonable lease agreement. If a dispute arises about the feasibility of accommodating another competitor, the Village may require a third-party technical study, at the expense of either or both parties, to resolve the dispute.

      10.   Wind: The antennas and their support structures shall be designed to withstand a wind force of one hundred (100) miles per hour without the use of supporting guy wires. No guy or other support wires shall be used in connection with such antennas or their support structures except when used to anchor the antennas or support structures to an existing building.

   H.   Inspection Requirements: Within thirty (30) days after a facility becomes operational, and each year thereafter, the facility operator shall conduct a safety inspection in accordance with FCC standards and within sixty (60) days of the inspection, file a report with the Village. However, at the option of the Village, the Village may secure the services of an independent safety consultant to conduct a safety inspection and the owner of the facility shall reimburse the Village for the reasonable cost of said inspection. In addition, the facility operator shall provide the Village, on a quarterly basis, a report stating the active or inactive status of the facilities including the tower and antennas. Additionally, in the event there are any increases to the wattage of the tower output, the facility operator shall notify the Village within five (5) business days of any such wattage increase.

   I.   Landscaping/Screening:

      1.   Landscaping: Reasonable landscaping, as described herein, shall be required to screen as much of the support structure as reasonable and feasible. The fencing surrounding the support structure and any other ground level features (such as a building), shall be designed to soften the appearance of the facilities site. The Village may permit any combination of existing vegetation, berming, topography, walls, decorative fences or other features instead of landscaping, if this achieves the same objective of screening the facility. If the antenna is mounted flush on an existing building, and all other equipment is either housed inside an existing building or screened from view, landscaping shall not be required, except as otherwise required by other provisions of the Village Code or codes for the existing use.

      2.   Screening: The visual impacts of a tower shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering of towers shall be required around the perimeter of the tower and accessory structures. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or to supplement compliance with landscaping requirements.

         a.   A row of evergreen trees a minimum of ten feet (10') tall at planting at a maximum of six feet (6') apart should be planted around the perimeter of the fence unless adequate landscaping or screening is in place, or as the Village determines otherwise.

         b.   A continuous hedge at least thirty six inches (36") high at planting capable of growing to at least forty eight inches (48") in height within eighteen (18) months shall be planted in front of the tree line referenced in subsection I2a of this Section unless adequate landscaping or screening is in place or as the Village determines otherwise.

         c.   Each owner, operator, lessee or licensee shall maintain all fencing and landscaping including replacing any landscaping, if necessary. If the Village specifically requests the owner, operator, lessee or licensee to replace fencing or landscaping, the owner, operator, lessee; or licensee shall properly comply with an such request.

   J.   Nonuse/Abandonment: In the event the use of any tower or facility has been discontinued for a period of sixty (60) consecutive days, the facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Village which shall have the right to request documentation and/or affidavit from the tower owner or operator regarding the issue of tower usage. Upon such abandonment, the owner or operator of the tower shall have an additional sixty (60) days within which to:

      1.   Reactivate the use of the tower or transfer the tower to another owner or operator who makes actual use of the tower; or

      2.   Dismantle and remove the facilities including, but not limited to, the tower, storage shed, fence, driveway and all other ancillary structures and to restore the property including the landscaping to the extent reasonably possible, to the conditions existing at the time of installation of the facility. If such tower is not removed within said sixty (60) days, the Village may remove such tower at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. Unnecessary sections of the tower shall be removed.

At the earlier of sixty (60) days from the date of abandonment without reactivation or upon completion of dismantling and removal, Village approval for the tower shall automatically expire. If an abandonment of a tower occurs by all of the permittees, licensees or owner of the tower, the owner of the tower shall remain primarily responsible if the tower ceases to be used for its intended purposes by either it or other permittees or licensees for the transmission or reception of personal wireless services. In the event that the tower ceases to be licensed by the FCC for the transmission of radio energy, the owner of the tower shall maintain the prescribed painting and/or illumination of such tower until it is dismantled. The application for any tower shall be accompanied by a letter of credit in an amount to be determined by the Village which may be drawn upon the Village as necessary to cover the costs of removal of the tower as hereinbefore stated.

   K.   Application Requirements: All personal wireless service facilities applicants shall, at the discretion of the corporate authorities, be required to submit any combination of site plans, surveys, maps, technical reports or written narratives necessary to convey the following information:

      1.   A scaled site plan clearly indicating the location, type and height of the proposed tower and antennas, buildings, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, fencing, landscaping and screening and elevation drawings of the proposed tower, and any other proposed structures;

      2.   A current map or survey showing the location of the proposed tower;

      3.   Legal description of the parcel;

      4.   Distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties;

      5.   A landscape plan showing specific landscape materials;

      6.   Method of fencing, and finished color and, if applicable, the method of camouflage and illumination;

      7.   A statement under oath signed by the applicant stating the tower and antennas will comply with all applicable Federal and State laws and regulations (including specifically FCC and FAA regulations) and this Section:

      8.   A statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users;

      9.   Certification that the antenna usage will not interfere with other transmission or reception functions of other communications facilities;

      10.   Identification of the entities providing the back haul network for the tower/antennas described in the application;

      11.   The personal wireless services provider must demonstrate that it is licensed by the FCC, if required to be licensed under FCC regulations, for the provision of service within the Village;

      12.   The applicant, if not the personal wireless services provider, shall submit proof of lease agreements with an FCC licensed personal wireless services provider if such telecommunications provider is required to be licensed by the FCC;

      13.   At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall network within the Village, and if the applicant is able or unable to co- locate on the existing structure. The applicant shall submit information requested by the Building and Zoning office and corporate authorities related to the availability of suitable existing towers, other structures or alternative technology. If the applicant believes that co-location is unavailable to applicant and that no reasonable alternative technology exists to accommodate the applicant's evidence to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna and said evidence may consist of the following:

         a.   No existing towers or structures are located within the geographical area which meet the applicant's engineering requirements;

         b.   Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements;

         c.   Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment;

         d.   The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing towers or structures, or the antennas on the existing towers or structures would cause interference with the applicant's proposed antenna;

         e.   The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to accept an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable;

         f.   The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable; and

         g.   The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro-cell network using multiple low-powered transmitters/receivers attached to a wire line system, is unsuitable. Costs of alternative technology that exceed newer tower or antenna development shall not be presumed to render the technology unsuitable.

All pending or new applications for the siting of personal wireless services facilities shall comply with the provisions set forth in this Section.

   L.   Third Party Review: The personal wireless services providers use various methodologies and analysis tools, including geographically based computer software, to determine the specific technical parameters of personal wireless services, such as expected coverage area, antenna configuration and topographic constraints that affect signal paths. In certain instances there may be a need for expert review by a third party of the technical data submitted by the personal wireless services provider. The Village may require such a technical review, to be paid for by the applicant for the personal wireless services facilities. The selection of the third party expert may be by mutual agreement between the applicant and the Village or at the discretion of the Village, with a provision for the applicant and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to be a site specific review of technical aspects of the personal wireless services facilities and not a subjective review of the site selection. Such a review should address the accuracy and completeness of the technical data, whether the analysis, techniques and methodologies are legitimate, the validity of the conclusions and any specific technical issues outlined by the Board of Trustees, the Building and Zoning Officer, Village staff, third party consultants or other interested parties. Based on the results of the third party review, the Village may require changes to the application for the personal wireless services facilities that comply with the recommendations of the expert.

   M.   Remedies: Any person, firm or corporation violating any of the provisions or terms of this Section upon conviction shall be punishable by fine not to exceed seven hundred fifty dollars ($750.00) for each day during which the offense continues. In addition to a fine, the Village shall have the right to seek injunctive relief for any and all violations of this Section and all other remedies provided at law or in equity. If the Village prevails in any action at law or in equity, the Village shall also be entitled to recover its attorney fees, costs and all other expenses incurred in conjunction therewith, as may be summarily assessed and awarded by the court as part of its judgment.

   N.   Severability: Should any paragraph, sentence, clause, phrase or word of this Section be declared invalid or unconstitutional by a court or agency of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining paragraphs, sentences, clauses, phrases or words of this section, all of which will remain in full force and effect. (Ord. 98-14, 2-2-1998)