These standards shall be known and cited as the Zoning Ordinance of the Village of Godfrey, Illinois, to be known as Ordinance No. 07-2009.

(Ord. No. 07-2009, 3-3-2009)

It is the intent and purpose of this Zoning Ordinance to assist in the achievement of balanced development within the Village of Godfrey. The village requires an approach to the use, administration and enforcement of development regulations that protect existing property owners; that recognizes development problems, yet maintains high development standards; and that produces development resulting in balanced growth through the implementation of the Comprehensive Plan of the Village of Godfrey. This Zoning Ordinance, in regulating and controlling the use of land is intended:

(a)

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

(b)

To serve as an implementing tool of the Comprehensive Plan of the Village of Godfrey;

(c)

To regulate and limit the height and bulk of buildings and structures erected within the Village of Godfrey;

(d)

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

(e)

To establish, regulate and limit building or setback lines on or along any street, traffic way, drive, or storm or floodwater runoff channel or basin;

(f)

To encourage the development and arrangement of land uses and structures which will yield the greatest social and economic benefit for the citizens of the Village of Godfrey;

(g)

To provide adequate light, air, privacy, and safe, convenient access to property;

(h)

To lessen or avoid congestion in the public streets and highways of the Village of Godfrey;

(i)

To divide the village into zoning districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residential, business, manufacturing, agriculture and other land uses;

(j)

To prohibit uses, buildings or structures incompatible with the character of such districts, and to screen and buffer incompatible uses between separate districts;

(k)

To guide the provision of water, sewer, stormwater and other utility services;

(l)

To establish minimum requirements and standards for development and redevelopment within the area of the jurisdiction of the village to achieve reasonable initial costs and to reduce future maintenance costs of public and private improvements and services;

(m)

To conserve the values of property throughout the village and to protect the character and stability of agricultural, residential, business and manufacturing areas, and to promote the orderly and beneficial development of such areas;

(n)

To prevent the development and provide for the elimination of incompatible and nonconforming uses of land, buildings and structures which adversely affect the character and value of desirable development in each district;

(o)

To provide for the administration, enforcement, and amendment of this Ordinance;

(p)

To provide penalties for violation of this Ordinance; and

(q)

To define and limit the powers and duties of the administrative officers and bodies in carrying out the purposes of this Ordinance as provided herein.

(Ord. No. 07-2009, 3-3-2009)

This Ordinance is prepared and adopted in accordance with the provisions of 65 ILCS 5/11-13-1 et seq.

(Ord. No. 07-2009, 3-3-2009)

The standards herein set forth have been established in accordance with the Comprehensive Plan of the Village of Godfrey which has made due allowance for existing conditions in the direction of building development to the best advantage of the entire village. In interpreting the provisions of this Ordinance, the comprehensive plan shall serve as a guide to land use and development within the Village of Godfrey.

(Ord. No. 07-2009, 3-3-2009)

The provisions set forth in this Ordinance shall be construed in a manner which is consistent with the Subdivision Standards, Building Codes, Liquor Control, Signage, and Animal Control Ordinances of the Village of Godfrey, and no provision of this Ordinance shall be considered to repeal any provision of the foregoing codes or ordinances unless there is an express reference indicating such repeal. In the event of any conflict between this Ordinance and any other ordinance of the Village of Godfrey or any other federal, state or county ordinance or regulation applicable in the circumstances, the more restrictive provision shall apply.

(Ord. No. 07-2009, 3-3-2009)

Section 60.105.1. Existing restrictions to be superseded.

Where this Ordinance imposes a greater restriction upon land, buildings or structures than is imposed or required by an existing provision of law, ordinance, contract or deed, the provisions of this Ordinance shall govern.

(Ord. No. 07-2009, 3-3-2009)

Section 60.105.2. Existing permits.

This Ordinance is not intended to abrogate or annul any building permits, zoning permits, variance, special use, or other lawful permits issued before the effective date of this Ordinance; however, any requested change or modification in any such permission shall follow the procedures and requirements of this Ordinance.

(Ord. No. 07-2009, 3-3-2009)

Section 60.105.3. Completion permitted.

Any building or structure for which a building permit has been issued prior to the date of the enactment of this Ordinance, may be completed and used in accordance with the plans, specifications and permits on which said building permit was granted, including then existing zoning, provided construction is diligently prosecuted to completion within one year of the date of issuance of the permit or within the time specified in the permit or by the authority granting the permit, whichever is shorter. Upon application to the zoning administrator, one, six-month extension may be granted for good cause shown to complete such construction.

(Ord. No. 07-2009, 3-3-2009)

Except as set forth in section 60.104, all ordinances in conflict with this Ordinance are hereby repealed.

(Ord. No. 07-2009, 3-3-2009)

(a)

If any part or provision of this Ordinance or the application thereof to any person, property or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation and direction to that part, provision, section or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the integrity or validity of the remainder of this Ordinance or the application thereof to other persons, property or circumstances.

(b)

The Board of Trustees of the Village of Godfrey, Illinois, hereby declares that it would have enacted the remainder of this Ordinance even without any such part, provision, section or application.

(Ord. No. 07-2009, 3-3-2009)

In the application of this Ordinance, the rules and the interpretation and construction shall be in accordance with the provisions of this section.

(Ord. No. 07-2009, 3-3-2009)

Section 60.108.1. Rules of interpretation.

(a)

In the interpretation and application of this Ordinance, all provisions shall be considered to be minimum requirements and shall be construed liberally to achieve the purposes of this Ordinance. This Ordinance shall not be deemed to limit, repeal or abrogate any other powers or authorities of the Village of Godfrey under any other ordinance of the village, the laws of the State of Illinois, or any law of the United States.

(b)

In any circumstance where the requirements of this Ordinance differ from the requirements of any other applicable ordinance, statute or regulation, the more stringent requirement shall prevail, and this Ordinance shall be administered in a manner which is consistent with the other ordinances of the Village of Godfrey as set forth in section 60.104 above.

(Ord. No. 07-2009, 3-3-2009)

Section 60.108.2. Meaning and construction of terms.

(a)

Unless the context clearly indicates otherwise, the terms used in this Ordinance shall have the meanings which are ascribed to them by the definitions contained herein. See section 60.112 for defined terms.

(b)

Terms which are not expressly defined in this Ordinance shall have the meanings respectively ascribed to them in the other ordinances of the Village of Godfrey, including, but not limited to, the subdivision, building code, liquor, animal control and signage ordinances.

(c)

Any term not defined herein or in such other ordinances, shall have the definition ascribed to it in the New Illustrated Book of Development Definitions (1993 Edition).

(d)

Any term which is not defined by any of the foregoing sources shall have the ordinary and common meaning ascribed to such terms, unless the context would clearly require otherwise.

(e)

For purposes of this Ordinance, the following rules of construction shall apply:

(1)

Tense: Words used in the present tense shall include the future tense.

(2)

Singular and plural: Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise.

(3)

Mandatory meaning: The words "shall", "will", and "must" are mandatory in nature indicating an obligation or duty to comply with the particular requirement or provision.

(4)

Gender: Words used in the male gender include the female gender.

(5)

Days: Any reference to days shall mean calendar days, unless otherwise specified.

(6)

References: Any reference to a section shall mean a section of this Ordinance, unless otherwise specified.

(7)

The word "person" means any individual, firm, association, corporate body or other entity.

(8)

A general term which follows or is followed by an enumeration of specific terms, shall not be limited to the enumerated class of terms, unless expressly stated.

(9)

The phrase "used for" shall include the phrases "arranged for", "designated for", "intended for", "occupied for" and "maintained for".

(10)

Section numbers and references shall include all subsection designations of the numerical sequence of that particular section, unless the context clearly indicates otherwise.

(Ord. No. 07-2009, 3-3-2009)

(a)

The provisions of this section shall apply to all nonconforming uses, lands and/or structures within the Village of Godfrey.

(b)

For purposes of this Ordinance, a nonconforming land use or structure is one which existed lawfully, whether by variance or otherwise, on the date this Zoning Ordinance or any amendment thereto became effective, but which fails to conform by reason of the adoption or amendment to one or more of the applicable regulations of this Ordinance or the amendment thereto, with the exception of minimum lot area, yard requirements and setback requirements.

(c)

Such nonconforming uses may be incompatible with and detrimental to permitted land uses and structures in the zoning districts in which they are situated; they may inhibit present and future development in the nearby property; and they may confer upon their owners and uses a position of unfair advantage.

(d)

These regulations are intended to minimize or eliminate the existing and/or potential problems created by such nonconforming uses.

(Ord. No. 07-2009, 3-3-2009)

Section 60.109.1. Continuation of nonconforming uses.

Any nonconforming land use or structure at the time of the enactment of this Ordinance may be continued even though the building, structure or use does not conform with the provisions of this Ordinance for the district in which it is located and whenever a district shall be changed hereafter, subject to the following provisions:

(a)

Any legal nonconforming building or structure may be continued in use provided there is no structural change other than maintenance and repairs, except as otherwise permitted herein.

(b)

Any building for which a permit has been lawfully granted prior to such effective date or the effective date of any amendments to this Ordinance, may be completed in accordance with the approved plans, provided construction is diligently prosecuted to completion within one year. Such building shall thereafter be deemed a lawfully established building. See section 60.105.3.

(Ord. No. 07-2009, 3-3-2009)

Section 60.109.2. Change or extension of nonconforming use.

The following provisions shall apply to all nonconforming uses permitted under this Ordinance:

(a)

A nonconforming building or structure may be enlarged or extended only if the property owner submits an application with the building and zoning administrator and the proposed enlargement/extension is thereafter recommended by the planning and zoning commission and approved by the village board of trustees. A nonconforming building or structure may be enlarged or extended, without application and approval if the entire building, after enlargement/extension, is devoted to a conforming use, and is made to conform to all of the regulations of the zoning district in which it is located.

(b)

No building partially occupied by a nonconforming use shall be altered in such a way as to permit enlargement or expansion of the space occupied by such nonconforming use unless said enlargement/extension is approved by the village board of trustees as set forth in subsection (a) above.

(c)

No area occupied by a nonconforming use may be enlarged, unless approved by the village board of trustees as set forth in subsection (a) above.

(d)

A nonconforming building or structure which is nonconforming with respect to yards, floor area ratio, or any other element of size, location or setback regulated by this Ordinance shall not be altered or expanded in any manner which increases the extent of its nonconformity with respect to such regulations unless approved by the village board of trustees as set forth in subsection (a) above. The building and zoning administrator and village engineer may approve alterations or expansions of nonconforming buildings or structures if the extent of the nonconformity will not be increased with respect to yards, floor area ratio or size, location or setback as otherwise regulated by this Ordinance.

(e)

A nonconforming use shall not be altered, extended or restored so as to displace any conforming use unless permitted and approved by the village board of trustees as set forth in subsection (a) above.

(Ord. No. 07-2009, 3-3-2009; Ord. No. 40-2011, 12-20-2011; Ord. No. 04-2022, § 1, 4-5-2022)

Section 60.109.3. Abandonment.

A nonconforming use shall be considered abandoned and no longer allowed under the provisions of this Ordinance in the following circumstances:

(a)

Any nonconforming use which has been abandoned shall not thereafter be reestablished. Any structure or land, or structure and land in combination, which was formerly devoted to a nonconforming use which has been abandoned, shall not again be devoted to any use other than those uses which are permitted in the district in which the structure or land, or structure and land in combination, is situated.

(b)

The term abandonment, as used in this section, shall mean the voluntary discontinuance of a use, which is accompanied by an intent not to reestablish such a use. Any one of the following shall constitute prima facie evidence of intent to abandon:

(1)

Any positive act indicating such intent; or

(2)

Any conscious failure to take all necessary steps to resume the nonconforming use with reasonable dispatch in the circumstances, including advertising and the property for sale or lease; or

(3)

In the case of a structure and land in combination, discontinuance of the nonconforming use for 12 consecutive months; or

(4)

In the case of land only, discontinuance of nonconforming use for 90 consecutive days, or for a total of six months during any one-year period.

(c)

Proof of fact in writing must be furnished to the satisfaction of the zoning administrator upon application by the owner of the zoning lot on which the nonconforming use is located to establish intent not to abandon.

(Ord. No. 07-2009, 3-3-2009)

Section 60.109.4. Repairs, maintenance and alteration.

The following provisions shall apply to the repair, maintenance and alteration of nonconforming uses:

(a)

Ordinary repairs and maintenance of a nonconforming building shall not be deemed an extension of such nonconforming building and shall be permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

(b)

No structural alteration shall be made to a building or other structure containing a nonconforming use except in the following situations:

(1)

When the alteration is required by law;

(2)

When the alteration will actually result in the elimination of the nonconforming use;

(3)

When a building in a residential district containing residential nonconforming uses may be altered in a way to improve livability, provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building;

(4)

When, after application of the property owner, the alteration is recommended by the planning and zoning commission and approved by the village board of trustees.

(Ord. No. 07-2009, 3-3-2009; Ord. No. 40-2011, 12-20-2011)

Section 60.109.5. Restoration.

(a)

If a building or a structure which is nonconforming or which contains a nonconforming use, is damaged or destroyed, the building may then be restored to its original condition and the occupancy or use of such building may be continued in the same manner as that which existed at the time of such damage or destruction; provided that applicable building code requirements are met.

(b)

In any event, the site of any such damaged or destroyed building or structure must be cleared and the site cleaned within 30 days of the date the damage or destruction occurs and restoration or repair of the building or other structure must begin within a period of six months from the date of damage or destruction and be diligently prosecuted to completion, unless additional time is granted upon application for good cause shown.

(c)

A building permit for the restoration, repair or reconstruction shall be issued subject to conditions and requirements of the zoning administrator, such as may be reasonably necessary to promote the compatibility of the nonconforming use or building with its immediate neighborhood and to protect adjacent property from any adverse effect from the nonconforming use.

(d)

The following provisions shall apply to nonconforming structures located in a designated floodplain:

(1)

Any nonconforming building or structure existing lawfully in a designated floodplain which is destroyed by any means, including flood, shall not be reconstructed if the cost or replacement or repair is more than 50 percent of the replacement value of the structure before damage occurred, or if any applicable ordinance regulating development in such floodplain would preclude reconstruction. If this section precludes reconstruction, the property owner may apply to the building and zoning administrator for relief. Reconstruction will be allowed only upon the recommendation of the planning and zoning commission and subsequent approval of the village board of trustees.

(2)

The reconstruction, if it is allowed, shall be accomplished in conformity with all provisions of this Ordinance, applicable building codes, and any ordinance regulating development in floodplain areas within the Village of Godfrey.

(3)

This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, or a state inventory of historic places.

(Ord. No. 07-2009, 3-3-2009; Ord. No. 40-2011, 12-20-2011)

Variances and special uses which have been granted with reference to any building, structure, or land within the Village of Godfrey pursuant to the provisions and actions of any previous zoning authority with jurisdiction over such building, structure or land, shall remain in effect subsequent to the effective date of this Ordinance, but shall be subject to all conditions and limitations included in such special use or variance, and shall further, be subject to termination or revocation in accordance with the provisions of such special use or termination, or in the event of the violation of any terms, provisions, limitations or conditions contained in such special use or variance. Enforcement of termination, revocation or compliance with such special use or variances shall be in accordance with the provisions of this Ordinance. See section 60.909.

(Ord. No. 07-2009, 3-3-2009)

The Village of Godfrey is hereby divided into zoning districts, as established in this Ordinance and as shown on the official zoning map of the Village of Godfrey, which map is expressly incorporated by reference herein and is declared to be a part of this Ordinance, together with all notations, references, data, district boundary lines, and other information contained thereon. The official zoning map shall remain continuously on file in the village administrative offices. The official zoning map shall be approved by the Board of Trustees of the Village of Godfrey, shall bear the signature of the President of the Board of Trustees of the Village of Godfrey, and be attested to by the village clerk.

(Ord. No. 07-2009, 3-3-2009)

Section 60.111.1. Amendments or alterations to official zoning map.

Any change in district boundary lines or zoning classifications portrayed on the official zoning map pursuant to the action of the village board of trustees, shall be entered upon the official zoning map. No changes in zoning district boundaries shall be made on the official zoning map except in conformance with the procedures set forth in this Ordinance for changes in the zoning classification of land within the village.

(Ord. No. 07-2009, 3-3-2009)

Section 60.111.2. Boundary determinations.

The following requirements shall apply to the determination of zoning district boundaries:

(a)

District boundary lines shall consist of either the center lines of highways, streets, alleys, or easements, or the boundary lines of sections, tracts, lots, quarter sections, surveys or claims.

(b)

Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located at the railroad right-of-way adjacent to the lot.

(c)

Where a boundary of a district follows a stream, lake or other body of water, the boundary line shall be construed to be the center line of the stream, lake or other body of water or otherwise at the limit of the jurisdiction of the village, unless otherwise indicated on the zoning map.

(d)

Any area shown on the zoning map as a park, playground, school, cemetery, water, street or public right-of-way shall be subject to the zoning regulations of the district in which it is located.

(e)

Whenever any street, alley or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley or public way shall automatically extend to the center of such vacated area and all area included in the vacation shall thereafter be subject to all regulations of the districts as so extended.

(f)

The regulatory flood elevation at any point in question within a zoning district shall be the governing factor in locating a floodplain overlay district boundary on the zoning map.

(Ord. No. 07-2009, 3-3-2009)

See subsection 60.108.2(a).

(a)

Definitions of specific terms are also set out in the beginning of the sections to which they directly pertain. These definitions shall be generally applicable throughout this Ordinance unless the definition or the context otherwise clearly indicate.

(b)

The following definitions shall apply in this Ordinance:

Accessory use. A use of land or of a building or portion thereof which is clearly and customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

Accessory structure. A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.

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

Adult-use cannabis cultivation center means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

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

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

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

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

Agricultural farm. For purposes of this Ordinance, an agricultural farm shall be an area of land in a single parcel used entirely for agricultural pursuits as defined in the term agricultural use.

Agricultural pollution. The liquid, gaseous and solid waste from all types of farming, including runoff from pesticides, fertilizers and feed lots, erosion and dust from plowing, animal manure and carcasses and crop residue and debris.

Agricultural services. Establishments primarily engaged in supplying soil preparation services, crop services, landscaping, horticultural services, veterinary services, and other animal services, and farm labor and management services.

Agricultural use. The use of land for agricultural purposes. This includes necessary buildings and structures, including residences occupied by those primarily engaged in the occupation of agriculture on the premises, used for agriculture, including, but not limited to:

(1)

Farming for the production of row crops, grain, hay, vegetables and other farm produce;

(2)

Dairying and other pasturage of livestock;

(3)

Wood lots, tree farms and nurseries;

(4)

Livestock production incident to an ongoing farm operation; and

(5)

Necessary and incident accessory uses for the processing, handling and storage of farm products produced incident to a unitary farm operation, together with necessary farm structures incident to that farming operation.

An agricultural use does not, however, include: (1) commercial feeding facilities, cattle or hog feed lots, hay lots, poultry farms, or ranches not incident to an ongoing unitary farm operation; or (2) other high density animal husbandry uses.

Antenna. The arrangement of wires or metal rods used in the sending and receiving of electromagnetic waves between terrestrially and/or orbitally-based structures.

Antenna support structure. Any structure, mast, pole, tripod or tower utilized for the purpose of supporting an antenna or antennae for the purpose of transmission or reception of electromagnetic waves by a federally licensed amateur radio operator.

Antenna support structure height. The overall vertical length of the antenna support structure above grade, or if such system is located on a building or other structure, then the overall vertical length shall include the height of the building or structure upon which the antenna support structure is mounted.

Area, gross. The entire area within the boundary lines of a tract proposed for development, including the area to be dedicated for street and alley rights-of-way and public uses.

Area, net. The entire area within the boundary lines of the tract, less the area to be dedicated for street and alley rights-of-way and public uses.

Area of zoning lots. The total horizontal area (square footage) within the property lines of a lot, excluding public streets and alleys, meeting the district requirements of this Ordinance.

Attached single-family dwelling. A one-family dwelling attached to two or more one-family dwellings by common vertical walls.

Board of trustees. The Board of Trustees of the Village of Godfrey, Illinois.

Boarding home for sheltered care. A licensed residential facility for the sheltered care of persons with special needs which, in addition to food and shelter, may include some combination of personal care, social services and/or counseling services.

Boarding stable. A structure designed for the feeding, housing and exercising of horses not owned by the owner of the premises and for which the owner of the premises receives compensation.

Breeding farm. An establishment where animals are impregnated, either naturally or by artificial insemination, for the principal purpose of propagating the species of animal being bred.

Building coverage. The area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.

Building, principal. A nonaccessory building in which the principal use of the zoning lot is conducted.

Bulk regulations. Standards and controls that establish the maximum size of buildings and structures on a lot and the buildable area within which the building can be located, including coverage, setbacks, height, floor area ratio and yard requirements.

Centerline.

(1)

The centerline of any right-of-way having a uniform width;

(2)

The original centerline, where an original right-of-way has been widened irregularly, other than by relocation;

(3)

The new centerline wherever a road has been relocated;

(4)

The survey centerline established by the agency having jurisdiction over the right-of-way established with an irregular width.

Church. A religious association providing worship services on a regular schedule.

Commercial feeding facility. A structure or enclosed area used for feeding cattle, hogs or other livestock and not otherwise connected with a unitary farming operation where the facility is located.

Commission. The Planning and Zoning Commission of the Village of Godfrey as constituted by ordinance.

Common open space. A parcel or parcels of land in a planned development designed and intended for the use of all residents or occupants thereof. Common open space unoccupied by principal or accessory buildings, however, may contain complementary recreational structures and improvements designed and intended for the benefit and enjoyment of residents of the planned development.

Community residence. A licensed group home or residence, boarding home for sheltered care, community residential home or community residence for the developmentally disabled, but not including any residence serving as an alternative to incarceration for a criminal offense or a residence serving persons placed in such facility for substance or alcohol abuse or for treatment of any communicable disease.

Community residence for developmentally disabled. A supervised community residence facility, licensed by the State of Illinois, providing food, shelter and personal guidance to developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community.

Community residential home. A dwelling unit licensed by the State of Illinois to serve clients of a governmental agency which provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision as may be needed to meet the needs of the residents of the facility, but not a residence serving as an alternative to incarceration for a criminal offense or a residence serving persons placed in such facility for substance or alcohol abuse or treatment of any communicable disease.

Comprehensive plan. The plan for the Village of Godfrey that establishes goals and objectives designed to guide the growth and development of the village.

Condominium. A form of housing ownership, as outlined in 765 ILCS 605, the Condominium Property Act.

Corporate authorities. The President and Board of Trustees of the Village of Godfrey, Illinois.

County. Madison County, Illinois.

Dairy. Any premises where three or more dairy animals are kept, milked and maintained; the term dairy animal meaning either cows or goats.

Daycare. The provision of supplemental care and supervision for a nonrelated child (children) or adult (adults) on a regular basis for less than 24 hours per day. Daycare does not include babysitting services of a casual, nonrecurring nature which take place in the child or adult's own home, nor does it include cooperative, reciprocative child or adult care by a group of persons responsible for the cared for individual(s) in their respective domiciles.

Daycare center. A care facility which regularly provides daycare for less than 24 hours per day for more than eight children or adults (including children or foster children residing on the premises) in a family home or a facility in which more than three children or adults (including children or foster children residing on the premises) in a facility other than a family home for part of the 24-hour day.

Density, gross. The total number of dwelling units divided by the total project area, expressed as gross dwelling units per acre.

Density, net. The total number of dwelling units divided by the net project area.

Development. Any manmade change to improved or unimproved real state, including, but not limited to, construction of or substantial improvements to buildings or other structures, the placement of manufactured housing, mining, dredging, filling, grading, paving, excavation or drilling operations.

District. A portion of the territory of the village within which certain uniform regulations and requirements governing the use, placement, spacing and size of land, buildings and structures, or various combinations thereof, apply under the provisions of this Ordinance. (Zoning district, zone)

Dwelling. A structure or portion thereof that is used exclusively for human habitation.

Dwelling, multiple-family. A building containing three or more dwelling units, including units that are located one over the other.

Dwelling, single-family detached. A building containing one dwelling unit which is not attached to any other dwelling by any means and is surrounded by open space or yards.

Dwelling, townhouse. A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside. No unit is located over another unit and each unit is separated from any other unit by one or more common fire-resistant walls.

Dwelling, two-family. A building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. (Duplex)

Dwelling unit. A residential unit providing complete independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Earth terminal antennae or earth terminal. Any apparatus, device, tower or structure, commonly known as an earth terminal antennae, earth terminal, earth station, satellite communications antennae, satellite antennae, microwave disk antennae, dish antennae, microwave tower, cellular telephone tower, or repeater tower, including as part of such apparatus, structure or device, the main reflector, subreflector feed, amplifier and support structure which is designed and intended for the purpose of transmitting and/or receiving microwave, television, radio, satellite or other electromagnetic energy signals into or from space, but not including conventional television, radio and separately regulated satellite receiving equipment utilized for personal purposes and amateur radio antennae (other than repeater towers or similar amateur radio structures which exceed the height limits of subsection 60.219.2(c)).

Enclosed, locked facility, for the purposes of the Village of Godfrey Municipal Zoning Code, means a room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by cannabis business establishment agents working for the licensed cannabis business establishment or acting pursuant to the Cannabis Regulation and Tax Act, (P.A. 101-0027), to cultivate, process, store, or distribute cannabis.

Establishment. Either of the following:

(a)

An institutional, business, commercial or industrial activity that is the sole occupant of one or more buildings or premises on a zone lot; or

(b)

An institutional, business, commercial or industrial activity that occupies a portion of a building or premises on a zone lot such that:

(1)

The activity is a logical and separate entity from the other activities within the building or premises and not a department of the whole; and

(2)

The activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.

Et seq. And the following.

Family.

(1)

A single individual living upon the premises as a separate housekeeping unit;

(2)

A collective body of persons living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, adoption or employment as domestic servants; or

(3)

A group of not more than three unrelated persons living together on the premises as a separate housekeeping unit pursuant to a mutual housekeeping agreement (not including a group occupying a boarding or rooming house, club, fraternity, dormitory, hotel or motel).

Family daycare home. A family home (single-family dwelling) in which care is regularly provided to fewer than eight children or adults for less than 24 hours per day.

Farm animal. Farm animals are those which have historically and traditionally been bred, reared and utilized for the production of meat, wool, leather, milk, eggs and similar products. This definition is inclusive of all farm animals, fowl, reptiles and fish, such as horses, cattle, rabbits, hogs, sheep, geese, chickens, ducks, snakes, catfish and other livestock.

Farm stand. A structure for the display and sale of farm products.

Farm structure. Any building or structure used for agricultural purposes.

Feed lot. A confined area or structure, pen or corral used to fatten livestock prior to final shipment.

Floor area, gross (for the purpose of determining floor area ratio). The sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet.

Floor area, gross (for the purpose of determining requirements for off-street parking and off-street loading).

(a)

The floor area shall mean the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space, such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

(b)

Floor area for purposes of measurement for off-street parking spaces, however, shall not include floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space; basement floor space not habitable or floor area occupied by permanently installed manufacturing or processing equipment, including telephone exchange equipment, electrical switchboard and transformers, air vents, elevator shafts and similar areas.

Floor area, net. The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.

Floor area ratio (F.A.R.). The gross floor area, in square feet, of all buildings on a lot divided by the total lot area, also in square feet.

Floriculture. The cultivation of ornamental flowering plants.

Forestry. Establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or in performing forest services.

Greenhouse. A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or personal enjoyment.

Horticulture. The cultivation of a garden or orchard.

Hotel. Any building or structure consisting of more than 60 individual rental units kept, used, maintained, advertised, or held out to the public to be an inn, motel or hotel for lease or rent on a daily or weekly or up to a 28 consecutive day basis, or any combination thereof. Hotels must be fully compliant with 35 ILCS 145/1, et seq. otherwise known as the Hotel Operators' Occupation Tax Act in order to operate as a hotel within the village and for purposes of approval of any application, permit, or for any occupancy of the rental unit to occur. Nothing herein relieves the obligation of a landlord, hotel operator, short term rental of a residence or any other person from the payment of taxes under any ordinance or applicable law.

The term hotel does not include owner-occupied permanent residences, buildings or structures leased to the same occupant for more than 28 consecutive days, or short-term rentals of a residence.

Indoor means within a fully enclosed and secure structure that complies with the building codes adopted by the village and that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation slab or equivalent base to which the floor is secured and attached; further, the structure must be secure against unauthorized entry, accessible only through two or more lockable doors, and constructed of solid materials that cannot be easily broken through, and plastic sheeting regardless of opacity or thickness does not satisfy this requirement.

Kennel. A commercial establishment in which dogs or pets are housed, groomed, bred, boarded, trained or sold, all for a fee or compensation.

Large community residence. A licensed community residence serving up to 16 persons.

Lot. The word "lot" shall include the words "plot", "piece" and "parcel", and shall mean any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership. The term lot may or may not be synonymous with lot of record.

Lot, corner. A lot abutting upon two or more streets at their intersection or upon two parts of the same street. The point of intersection of the street lines is the "corner".

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 the rear lot lines measured in the general direction of the side lot lines.

Lot, double frontage. See Lot, through.

Lot, interior. A lot whose side lines do not abut upon any street.

Lot line, front. The line separating the lot from the street. The street on which a building's frontage is oriented shall determine the location of the front lot line provided the front setback is no less than the average setback of existing buildings.

Lot line, rear. The rear lot line is the lot line or lot lines most nearly parallel to and most remote from the front lot line.

Lot line, side. Any lot line other than front or rear lot lines. A side lot line separating a lot from a street is called a street side lot line. A side lot line separating a lot from another lot is called an interior side lot line.

Lot of record. A lot, which is part of a subdivision, the plat of which has been recorded in the Office of the Recorder of Deeds of Madison County, Illinois, or a lot that has been described by metes and bounds, the description of which has been recorded in the Office of the Recorder of Deeds of Madison County, Illinois.

Lot, through. A lot having frontage on two parallel or approximately parallel streets.

Lot, width. The mean horizontal width of the lot measured at right angles to the side lot lines.

Manufactured home (mobile home). A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation.

Manufactured home (mobile home) development. A site containing spaces with required improvements and utilities which are leased for the placement of manufactured homes (mobile homes) and which may include services and facilities for the residents of such housing.

Modular home. A single-family residential structure which is built in modules off-site and is moved to the zoning lot where it is to be located in completed modules by means of a temporary transport system which is removed at the building site.

Nonconforming use. For purposes of this Ordinance, a nonconforming land use or structure is one which existed lawfully, whether by variance or otherwise, on the date this Zoning Ordinance or any amendment thereto became effective, but which fails to conform by reason of the adoption or amendment to one or more of the applicable regulations of this Ordinance or the amendment thereto, with the exception of minimum lot area, yard requirements and setback requirements.

Nonrural home occupation. Any activity carried out for gain by a resident and conducted as a secondary customary, incidental and accessory use in the resident's dwelling unit which is carried out wholly within the principal building or an allowed accessory building and subject to the following limitations and requirements:

(a)

Such activity shall be carried on by not more than two persons, one of whom must be the principal occupant of the residence.

(b)

Such activity must not change or alter the residential character of the building in which the activity is conducted and the external appearance of the building must not indicate that gainful activity is conducted therein.

(c)

Such activity shall not utilize area within the principal or any accessory structure which exceeds the equivalent of 25 percent of the gross floor area of the dwelling unit, provided that the total floor area shall not exceed 300 square feet.

(d)

There shall be no signs or other advertising displayed on or about the premises to indicate that the home occupation is conducted on the premises.

(e)

There shall be no exterior storage or display of materials, merchandise, supplies or products. There shall be no sale of stocks of merchandise, supplies or products, provided that incidental retail sales may be made in connection with a permitted home occupation.

(f)

Beauty shops/barber shops/hairstyling and similar personal care occupations shall be limited to one chair/one operator in a single residence. No health care or health care related services shall be provided as part of a home occupation.

(g)

There shall be no noise, vibration, dust, smoke, odor, heat or glare from the activity at or beyond the zoning lot line.

(h)

There shall be no parking in any public street or right-of-way as a result of the activity. Off-street parking must be provided and meet the parking standards of this Ordinance, provided that in no case may more than two vehicles associated with the home occupation be parked on the premises where the activity is conducted at any one time.

Nursery. Land or greenhouses used to raise flowers, shrubs, trees and other plants for sale. See Greenhouse.

Outdoor means any location that is not "indoor" within a fully enclosed and secure structure as defined herein.

Permanent chassis. The entire transportation system of a manufactured home (mobile home) which is designed to remain permanent and comprised of the following subsystems:

(a)

Drawbar and coupling mechanism: The rigid assembly (usually an "A-frame") upon which is mounted a coupling mechanism, which connects the manufactured home (mobile home) frame to the towing vehicle.

(b)

Frame: The fabricated rigid substructure which provides considerable support to the affixed manufactured home (mobile home) structure both during transport and on-site and which also provides a platform for securing the running gear assembly, the drawbar and the coupling mechanism.

(c)

Running gear assembly: The subsystem consisting of suspension springs, axles, bearings, wheels, hubs, tires and brakes, with their related hardware.

(d)

Lights: Safety lights and associated wiring required by applicable United States Department of Transportation regulations.

Plan. The proposal for development of a planned development, including a plat of subdivision, all covenants, grants of easement, and other conditions relating to use, location and bulk of buildings, density of development, usable open space and public facilities. The plan for any planned development shall include such information as required by this Ordinance and applicable provisions of the Subdivision Ordinance of the Village of Godfrey.

Planned development. An area of minimum contiguous size, as specified by this Ordinance, to be planned, developed, operated and maintained according to plan as a unified development and containing one or more structures with appurtenant common areas.

Planned commercial development (PCD). An area of minimum contiguous size, as specified by this Ordinance, to be planned, developed, operated and maintained as a unified development and containing one or more structures to accommodate retail, service, commercial or office uses, or a combination of such uses, and appurtenant common areas and accessory uses incidental to the predominant uses in the development.

Planned industrial development (PID). A planned development consisting primarily of industrial uses, with such other appropriate business, public or quasi-public uses as may be included on approval if such uses are primarily incidental to the industrial development.

Planned residential development (PRD). An area of minimum contiguous size, specified by this Ordinance, to be planned, developed, operated and maintained as a unified development and containing one or more residential clusters, and with appropriate business, public or quasi-public uses as may be approved by the planning and zoning commission provided that such other uses are primarily for the benefit of the residential development. A retirement community would be an example of a planned residential development.

Planned unit development (PUD). An area of minimum contiguous size, as specified by this Ordinance, to be planned, developed, operated and maintained as a unified development and containing one or more residential clusters or planned unit residential developments or one or more public, quasi-public, commercial or industrial areas in such ranges or ratios of differing uses as specified in this Ordinance.

Plat.

(1)

A map representing a tract of land, showing the boundaries and location of individual properties and streets;

(2)

A map of a subdivision or site plan.

Plot. A parcel of land consisting of one or more lots or portions thereof, which is described by reference to a recorded plat or metes and bounds.

Premises. A zone lot together with all the buildings and uses thereon.

President or mayor. The President of the Village of Godfrey, Illinois.

Principal use. The main use of land or buildings as distinguished from a subordinate or accessory use.

Property line. A recorded boundary of a plot or plat.

Residence. A stationary detached principal building designed for or used as a dwelling as distinguished from a mobile (dwelling) home.

Residential health care facility. Licensed residences operated by persons or entities not related to residents by blood, marriage or adoption that are occupied by persons needing daily living assistance typically providing rooms, meals, personal care, health monitoring, recreational services, social services and transportation. Such residences may include long-term or extended care facilities and/or intermediate care facilities. Traditional nursing homes are included in this definition as well as other similar facilities, excluding, however, substance or alcohol abuse treatment facilities.

Retirement community. Any age-restricted development, which may be in any housing form, including detached and attached dwelling units, apartments and residences offering private and semiprivate rooms with or without multiple levels of care and assistance.

Rural home occupations.

(a)

Rural home occupations shall include those home occupations specified under the nonrural home occupation category in section 60.501, as well as an accessory use to a customary agricultural operation or to a nonagricultural household located in a rural area designed for gainful employment involving the sale of goods and services conducted either from the dwelling on the premises and/or from accessory buildings located on the same parcel as the dwelling unit occupied by the family conducting the rural home occupation or by the family conducting the farming operation with which the home occupation is associated.

(b)

Such rural home occupations may include, but are not limited to, mechanical and welding repair operations, provided that same are conducted in a safe manner and within a scope which is compatible with the district.

(c)

A rural home occupation shall meet the following minimal requirements:

(1)

Any rural home occupation shall be supplementary to the principal use of the land and structures thereon.

(2)

If the land upon which the rural home occupation is conducted is rezoned, the rezoned area shall meet the new district regulations, and any home occupation shall be considered a nonconforming use until such requirements are met.

(3)

Signage shall be limited to that permitted by the Village of Godfrey Signage Ordinance.

Satellite receiving antenna (satellite dish/disk). A parabolic or dish-shaped antenna 20 inches or more in diameter or other apparatus or device that is designed for the purpose of receiving radio or electromagnetic waves.

Setback line. A line that is usually parallel to the front, side or rear lot line established by the minimum space to be provided as the front, side or rear yard.

Site. A parcel of land consisting of one or more lots or portions thereon which is described by reference to a recorded plat or by metes and bounds.

Site built residence. A single-family residential structure which is constructed of building materials and incomplete components brought to the site on which the structure is built.

Slope. The degree of natural incline of the existing ground.

Slope, steep. Lands with a slope of 12 percent or greater and those lands with a seven to 12 percent slope which are especially susceptible to soil erosion.

Small community residence. A licensed community residence serving eight or fewer persons in a family-like atmosphere.

Special use permit: A permit for a use that would not be appropriate generally or without restriction throughout the zoning district; but which, if controlled as to the number, area, location, conditions, term or relation to the village, would not adversely affect the public health, safety, order, comfort, convenience, appearance, prosperity, and general welfare. Such uses may be permitted when the specific review criteria provided for in this Ordinance for them are met.

Special uses: Special uses may include, but are not limited to, public and quasi-public uses affecting the public interest; uses that have a unique, special, or unusual impact upon the use or enjoyment of neighboring property; and uses that affect planned development. A use may be permitted in one or more zoning districts, and may be a special use in one or more other zoning districts.

Structure. Anything constructed or erected which requires permanent or temporary location on the ground or is attached to something having a permanent or temporary location on the ground, including a fence or freestanding wall, but not including poles, lines, cables and other transmission facilities. A sign, billboard or other advertising medium detached or projecting shall be considered a structure.

Temporary use. A use established for a fixed period of time with the intent of discontinuing such use upon the expiration of the time period.

Tract. An area, parcel, site, piece of land or property that is the subject of a development application.

Upon application. An affirmative duty to apply for an approval prior to taking an action. Unless otherwise specified, such application is to be made initially to the zoning administrator.

Use. The purpose for which land or a building or structure thereon is designed, arranged or intended, or for which it is actually occupied or maintained or leased.

Village. The Village of Godfrey, Illinois.

Village board. The Village Board of Trustees of the Village of Godfrey, Illinois.

Yard. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except fences or obstructions regulated and otherwise expressly provided for herein. In measuring a yard for the purpose of determining the width of a side yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, front. A yard extending across the full width of the lot between the front lot line and between the side lot lines and measured perpendicular to the building and the closest point to the front lot line. Where corner lots exist, the yard between both street right-of-way lines and the building line shall constitute a front yard.

Yard, rear. A yard extending across the full width of the lot between the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.

Yard, side. A yard extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular to the side lot line to the closest point of the principal building.

Zone lot or zoning lot. A parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage and use within a zoning district, and that can provide such yards and other open spaces as required by the zoning regulations of this Ordinance.

Zoning certificate. A document issued by the zoning administrator authorizing building, structure or uses consistent with the terms of this Ordinance.

Zoning map. The zoning map or maps of the Village of Godfrey, together with all amendments subsequently adopted and incorporated into the zoning ordinance as a part hereof, designating zoning districts.

(Ord. No. 07-2009, 3-3-2009; Ord. No. 02-2012, 2-7-2012; Ord. No. 06-2013, 4-16-2013; Ord. No. 10-2020, § 2, 6-2-2020; Ord. No. 14-2024, § 3, 3-18-2024)