For the purpose of this chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure"; and the word "shall" is mandatory and not directory.
ACCESSORY BUILDING OR USEA use or structure that:
[Amended by Ord. No. 5-2007]
(A) Is subordinate in extent and purpose to, and serves, a principal use or structure; and
(B) Is customarily found as an incident to such principal use or structure; and
(C) Contributes to the comfort, convenience, or necessity of those occupying, working at, or being served by such principal use or structure; and
(D) Except as otherwise expressly authorized by the provisions of this chapter, is located on the same zoning lot as such principal use or structure; and
(E) Is under the same ownership and control as such principal use or structure.
ADULT-USE CANNABIS CRAFT GROWERA 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 an adult-use dispensing organization or use at an adult-use processing organization, per the Cannabis Regulation and Tax Act, as amended, and regulations promulgated thereunder.
[Added 12-10-2019 by Ord. No. 14-2019]
ADULT-USE CANNABIS CULTIVATION CENTERA 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 adult-use cannabis business establishments, per the Cannabis Regulation and Tax Act, as amended, and regulations promulgated thereunder.
[Added 12-10-2019 by Ord. No. 14-2019]
ADULT-USE CANNABIS DISPENSING ORGANIZATIONA 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 adult-use purchasers, per the Cannabis Regulation and Tax Act, as amended, and regulations promulgated thereunder.
[Added 12-10-2019 by Ord. No. 14-2019]
ADULT-USE CANNABIS INDUSTRIAL ORGANIZATIONAn adult-use cannabis cultivation center, adult-use cannabis craft grower, adult-use cannabis processing organization, adult-use cannabis infuser organization, or adult-use cannabis transporting organization.
[Added 12-10-2019 by Ord. No. 14-2019]
ADULT-USE CANNABIS INFUSER ORGANIZATIONA 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, as amended, and regulations promulgated thereunder.
[Added 12-10-2019 by Ord. No. 14-2019]
ADULT-USE CANNABIS ORGANIZATIONAn adult-use cannabis cultivation center, adult-use cannabis craft grower, adult-use cannabis processing organization, adult-use cannabis infuser organization, adult-use cannabis dispensing organization or adult-use cannabis transporting organization.
[Added 12-10-2019 by Ord. No. 14-2019]
ADULT-USE CANNABIS PROCESSING ORGANIZATION or PROCESSORA 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, as it may be amended from time to time, and regulations promulgated thereunder.
[Added 12-10-2019 by Ord. No. 14-2019]
ADULT-USE CANNABIS TRANSPORTATION ORGANIZATIONAn organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of an adult-use cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, as amended, and regulations promulgated thereunder.
[Added 12-10-2019 by Ord. No. 14-2019]
APARTMENTA room or suite of rooms used as a family dwelling, including bath and kitchen accommodations, located in a building in which there are three or more such rooms or suites.
AUTOMOBILE REPAIRGeneral repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body frame or fender straightening and repair, overall painting, subject to the requirements of the Building Code. Storage of unlicensed vehicles, inoperative vehicles, repaired vehicles awaiting payment, or vehicles for the purpose of stripping parts, is prohibited.
AUTOMOBILE SERVICE STATIONA place where gasoline is stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, is retailed directly to the public on premises, including minor accessories and service for automobiles. Storage of unlicensed vehicles, inoperative vehicles, repaired vehicles awaiting payment, or vehicles for the purpose of stripping parts is prohibited.
BASEMENTA story having part, but not more than 1/2, of its height below grade.
BREEZEWAYAn open structure on two sides attached to and leading from the main building to the garage on the same lot.
BUILDINGAny structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property. When a structure is divided into separate parts by unpierced walls extending from the ground up, each part is deemed a separate building.
BUILDING, HEIGHT OFThe vertical distance from the first floor to the highest point of the coping of a flat roof or to the ridge of a gable, hip, gambrel or mansard roof.
CANNABIS DISPENSING ORGANIZATIONAny adult-use cannabis dispensing organization or medical cannabis dispensing organization.
[Added 12-10-2019 by Ord. No. 14-2019]
CANNABIS INDUSTRIAL ORGANIZATIONAny facility operated by an adult-use cannabis cultivation center, adult-use cannabis craft grower, adult-use cannabis processing organization, adult-use cannabis infuser organization, adult-use cannabis transporting organization, medical cannabis cultivation center, medical cannabis craft grower, medical cannabis processing organization, medical cannabis infuser organization, or medical cannabis transporting organization.
[Added 12-10-2019 by Ord. No. 14-2019]
CANNABIS ORGANIZATIONAny adult-use cannabis organization or medical cannabis organization.
[Added 12-10-2019 by Ord. No. 14-2019]
COURTAn open, unoccupied space, other than a yard, which is bounded on two or more sides by a building or buildings.
DISTRICTA section or sections of the City of Hometown for which the regulations governing the use of buildings and premises or the height of buildings, or the size of yards, or intensity of use are uniform.
DWELLINGAny building, or portion thereof, which is designed or used exclusively for residential purposes.
DWELLING, TWO-FAMILY DUPLEXA building designed for or occupied exclusively by two families on two separate lots sharing a single party wall.
DWELLING, MULTIPLEA building designed for occupation by more than two families containing two or more dwelling units.
FAMILYOne or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage.
GARAGE, PRIVATEAn accessory building for housing motor-driven vehicles which are the property of and for the use of the occupants of the lot on which the private garage is located.
GRADEAny wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street.
(A) For buildings having walls adjoining one street, the elevation of the sidewalk at the center of the wall adjoining the street.
(B) For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the street.
(C) For the buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
HOME OCCUPATIONAny occupation or profession practiced by a member of the family residing on the premises, and which occupation is clearly incidental and secondary to the residential use of the dwelling. A home occupation is a use located and conducted so that the average neighbor, under normal circumstances, would not be aware of its existence. The operation of a home occupation is also subject to the following conditions and limitations:
[Amended by Ord. No. 5-2007]
(A) The total amount of space used in conjunction with the home occupation shall not be devoted to more than 1/4 of the total area of any one story.
(B) There shall be no signs, advertising, displays or activity that would indicate, from the exterior of the residence, that the residence is being used, in part, for any purpose other than that of a dwelling.
(C) The operation of a home occupation does not allow the parking or storage of motor vehicles which are otherwise prohibited by the zoning regulations governing the premises of the home occupation. The premises containing the home occupation shall be subject to the zoning regulations of the district in which it is located.
(D) The outside display of goods and the outside storage of equipment is prohibited.
(E) No more than one person may be employed on the premises, except family members residing on the premises.
(F) All activities involved in the home occupation shall take place inside the home. No accessory building shall be employed for the home occupation.
(G) No commodity shall be sold on the premises or, if intended for sale or use elsewhere, stored on the premises.
(H) The home occupation shall not generate noise, vibration, glare, fumes, odors or electrical interference beyond that which normally occurs in the zoning district in which it is located.
(I) No home occupation shall consist in whole or part of the sale or boarding of animals.
(J) No home occupation shall be permitted to operate without a valid business license.
(K) No home occupation shall be permitted without the necessary licensing from the State of Illinois.
LOADING SPACEAn off-street space on the same lot with a building or group of buildings for temporary parking of a commercial vehicle while loading and unloading passengers, merchandise, or material.
LOTA parcel of land intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, the open spaces and parking spaces required by this chapter and having its principal frontage upon a street or upon an officially approved place.
LOT LINESThe lines bounding a lot as defined herein.
LOT OF RECORDA lot which is a part of a subdivision, the map of which has been recorded in the office of the Recorder of Deeds of Cook County, Illinois; or a parcel of land, the deed of which was recorded in the Office of the Recorder of Deeds prior to the adoption of the ordinance.
LOT WIDTHThe horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
LOT, CORNERA lot abutting upon two or more streets at their intersections.
LOT, DEPTH OFThe mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE-FRONTAGEA lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.
MEDICAL CANNABIS CULTIVATION CENTERA 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 medical cannabis organizations, dispensing per the Compassionate Use of Medical Cannabis Program Act, as it may be amended from time to time, and regulations promulgated thereunder.
[Added 1-28-2014 by Ord. No. 1-2014; amended 12-10-2019 by Ord. No. 14-2019]
MEDICAL CANNABIS DISPENSING ORGANIZATIONA 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 registered qualifying patients, per the Compassionate Use of Medical Cannabis Program Act, as it may be amended from time to time, and regulations promulgated thereunder.
[Added 1-28-2014 by Ord. No. 1-2014; amended 12-10-2019 by Ord. No. 14-2019]
MEDICAL CANNABIS FACILITIESBoth medical cannabis cultivation centers and medical cannabis dispensing organizations.
[Added 1-28-2014 by Ord. No. 1-2014]
MEDICAL CANNABIS INDUSTRIAL ORGANIZATIONA medical cannabis cultivation center, medical cannabis processing organization, medical cannabis infuser organization, or medical cannabis transporting organization.
[Added 12-10-2019 by Ord. No. 14-2019]
MEDICAL CANNABIS INFUSER ORGANIZATIONA 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 Compassionate Use of Medical Cannabis Program Act, as amended, and regulations promulgated thereunder.
[Added 12-10-2019 by Ord. No. 14-2019]
MEDICAL CANNABIS ORGANIZATIONA medical cannabis cultivation center, medical cannabis processing organization, medical cannabis infuser organization, medical cannabis dispensing organization, or medical cannabis transporting organization.
[Added 12-10-2019 by Ord. No. 14-2019]
MEDICAL CANNABIS PROCESSING ORGANIZATIONA 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 Compassionate Use of Medical Cannabis Program Act, as amended, and regulations promulgated thereunder.
[Added 12-10-2019 by Ord. No. 14-2019]
MEDICAL CANNABIS TRANSPORTING ORGANIZATIONAn organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a medical cannabis business establishment, per the Compassionate Use of Medical Cannabis Program Act, as it may be amended from time to time, and regulations promulgated thereunder.
[Added 12-10-2019 by Ord. No. 14-2019]
NONCONFORMING USEAny building or land lawfully occupied by a use at the time of passage of this chapter, or amendments thereto, which does not conform after the passage of this chapter, or amendments thereto, with the use regulations of the district in which it is situated.
PARKING SPACEA durably surfaced area designed to store one standard-size automobile. All parking stalls shall be at least nine feet in width. All parking spaces shall access directly upon an aisle or driveway of such design as to provide safe and efficient means of vehicular access. All new and existing parking areas shall be improved with paved brick, asphalt or concrete surface over a proper base.
PATIO - GARAGE PORCHAn accessory structure being open on three sides attached to a garage; the overall size of both (garage and patio) may not be more than 20 feet in width and 22 feet in length; open sides can only be covered by ventilated screening or a continuous operable sash providing a minimum of 50% of floor area in ventilating openings except during the months of October through and including February when an operable and/or removable sash may be used in place of ventilating screening. A solid wall may be built around the patio no higher than 30 inches above the finished floor.
PLACEAn open unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
POOL, SWIMMING AND WADINGA receptacle for water, or an artificial pool of water, having a depth at any point of more than 18 inches, intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment thereto.
STREETAll property dedicated or intended for public or private streets, highway, freeway, or roadway purposes or subject to public easements.
STORYThat portion of the building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and ceiling next above it.
STREET LINEA dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTUREAnything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting, advertising signs, billboards, backstops, tennis courts, garages, walls or fences.
STRUCTURAL ALTERATIONSAny changes in the supporting members of a building, such as bearing walls and partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
TERRACE, OPENA level and rather narrow plane or platform which may be improved with a surface of concrete, masonry, or stone units which, for the purpose of this chapter, is located adjacent to one or more faces of the principal structure and which is constructed no higher than the height of the finished first floor, except a terrace located in the front yard may have a masonry wall or ornamental iron railings not more than three feet in height above mean grade, provided it does not project into the required front yard more than 12 feet and in a duplex district the wall or railing must be installed simultaneously and symmetrically on both lots of a duplex dwelling. Terraces shall be installed on a nonorganic base only; i.e., sand, concrete, or screening.
USEThe purpose for which land or premises or a building thereon is designed, arranged, or intended, except as otherwise provided in this chapter.
YARDAn open space on the same lot with a building unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring the yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the mean horizontal distance between the lot line and the main building shall be used.
YARD, FRONTA yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main buildings or any projection thereof, other than the projection of the usual steps, entrance way, open terrace, bay windows, or eaves.
YARD, REARA yard extending across the rear of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
YARD, SIDEA yard between the main building and the side line or the lot and extending from the front lot line to the rear lot line.