This chapter is adopted for the purposes of:

(1)

Promoting the public health, safety, comfort, morals, convenience and general welfare;

(2)

Securing adequate light, pure air and safety from fire and other dangers;

(3)

Conserving the taxable value of land and buildings throughout the village;

(4)

Dividing the entire village into districts and classifying, restricting and regulating therein the location, construction, reconstruction, alteration and use of buildings, structures and land for residence and other specified uses;

(5)

Avoiding or lessening congestion in the public streets;

(6)

Preventing the overcrowding of land through regulating and limiting the height and bulk of buildings hereafter erected as related to land area;

(7)

Establishing, regulating and limiting the building or setback lines on or along streets, alleys, traffic ways, drives, parkways or property lines;

(8)

Regulating and limiting the intensity of the use of lot areas, and regulating and determining the area of open spaces within and surrounding such buildings;

(9)

Establishing standards to which buildings or structures therein shall conform;

(10)

Prohibiting uses, buildings or structures incompatible with the character of the residence districts;

(11)

Preventing additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder;

(12)

Providing for the gradual elimination of those uses, buildings and structures which are incompatible with the character of the districts in which they are made or located, including, without being limited thereto:

a.

Elimination of such uses of unimproved lands or lot areas when the existing rights of the persons in possession thereof are terminated, or when the uses to which they are devoted are discontinued;

b.

Elimination of uses to which such buildings and structures are devoted if they are adaptable for permitted uses;

c.

Elimination of such buildings and structures when they are destroyed or damaged in major part. or when they have reached the age fixed by the corporate authorities of the municipality as the normal, useful life of such buildings or structures;

(13)

Providing for the acquisition by purchase, condemnation or otherwise of any buildings or structures which do not conform to the standards fixed by the village;

(14)

Defining and limiting the powers and duties of the administrative officers and bodies as provided in this chapter;

(15)

Prescribing penalties for the violation of the provisions of this chapter or of any amendment thereto.

(Code 1998, § 17.04.020; Ord. No. 2015-3, § 2, 3-12-2015)

All measured distances expressed in feet shall be to the nearest integral foot. If a fraction is one-half or more, the integral foot next above shall be taken.

(Code 1998, § 17.08.010; Ord. No. 2015-3, § 3, 3-12-2015)

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

Accessory building means a subordinate building or portion of a principal building, the use of which is incidental to that of the principal and customary in connection with that use.

Accessory use means a subordinate use which is clearly and customarily incidental to the principal use of a building or premises, and which is located on the same lot as the principal building or use, except for such accessory parking facilities as are specifically authorized to be located elsewhere.

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

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

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

Alley means a public thoroughfare, which affords only a secondary means of access to abutting property.

Apartments. See Dwelling, multiple-family.

Attached dwellings (group, row and townhouses) means a dwelling unit which is joined to two other dwellings by party walls.

Automobile compound means any land area located on the lot on which any residence is located, or on contiguous lots on which duplex residences or apartments are located, used or intended to be used for the storage of the private passenger automobiles of the occupants of the residences or apartments.

Awning means a roof-like cover temporary in nature which projects from the wall of a building.

Basement means a portion of a building located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.

Buildable area means that portion of a lot remaining after applying the appropriate front yard and rear yard setback provisions of this chapter.

Building means any structure with substantial walls and roof securely affixed to land and entirely separated on all sides from any similar structure by space or by walls in which there are no communicating doors, windows or similar openings.

Building height means the vertical distance measured from the natural grade level at the middle of the front of the building to the highest point of the structure. Chimneys, spires, towers, and other similar projections shall not be included in calculating the heights of the structure.

Building site means the area of land occupied or intended to be occupied by a building or structure, including the yards and courts required for light and ventilation, and such areas that are prescribed for access to the street.

Bulk is a composite characteristic of a given building as located upon a given lot not definable as a single quantity, but involving all of the following characteristics:

(1)

Size and height of building;

(2)

Location of exterior walls at all levels in relation to lot lines, streets or other buildings;

(3)

Gross floor area of the building in relation to lot area (floor area ratio);

(4)

All open spaces allocated to the building;

(5)

The amount of lot area provided per dwelling unit.

Business means an occupation, employment or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.

Cardholder: A qualifying patient or designated caregiver who has been issued and possesses a valid registry identification card by the Illinois Department of Public Health.

Cellar means the portion of a building located partly or wholly underground and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

Commission means the village's planning and zoning commission.

Completely enclosed building means a building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and party walls and by exterior walls pierced by only windows and normal entrance or exit doors.

Corner lot means a lot situated at the junction of and abutting on two or more intersecting streets; or, a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.

Curb level means the level of the established curb in front of a building or structure measured at the center of such front where no curb level has been established, it shall be deemed to be the established level of the center line of the street surface in front of a building or structure measured at the center line of such front.

Detached building means a principal building surrounded by open space on the same lot.

Designated caregiver: A person who: (1) is at least 21 years of age; (2) has agreed to assist with a patient's medical use of cannabis; (3) has not been convicted of an excluded offense; and (4) assists with no more than one qualifying patient with his or her medical use of cannabis.

Dwelling means a residential building or portion thereof, but not including hotels, motels, rooming houses, nursing homes, tourist homes or trailers.

Dwelling, detached, means a dwelling which is entirely surrounded by open space on the same lot.

Dwelling, multiple-family, means a dwelling containing three or more dwelling units.

Dwelling, single-family, means a dwelling containing one dwelling unit which is either detached, semi-detached dwelling or attached dwelling.

Dwelling unit means a group of rooms constituting all or part of a dwelling which are arranged, designed, used or intended for use exclusively as living quarters for one family and an aggregate of not more than two roomers or boarders, and which include complete kitchen facilities permanently installed.

Enclosed locked facility: A room, building or other enclosed area equipped with locks or other security devices that permit access only by a dispensing facilities agent working for the registered dispensing facility to distribute cannabis for registered qualifying patients.

Family means one or more persons each related to the other by blood, marriage or legal adoption, or a group of not more than three persons not all so related, together with his or their domestic servants, maintaining a common household in a dwelling unit. A family may include not more than two roomers, boarders or permanent guests, whether or not gratuitous.

Fence means an enclosure or structure about a parcel of land, field or other space or about any object, any barrier such as a structure of wood, brick, stone, steel or the like that is intended to prevent straying from within or intrusion therein.

(1)

The term "fence" also means any structure designed to mark or define an existing lot line or boundary.

(2)

The term "fence" also means any fence-like structure including a trellis or gate placed within the confines of a parcel of land even for decorative purposes.

Floor area.

(1)

For the purposes of determining the floor area ratio and conversions of existing structures, the term "floor area" means the sum of the horizontal area of the floor space contained in all floors, including a basement floor, but not including a cellar floor of a building or buildings on a lot, measured in square feet from the exterior faces of the exterior walls of each building, or from the center line of party walls separating two buildings. Such floor area shall also include:

a.

Space devoted to elevator shafts and stairwells at each floor;

b.

Floor space used for mechanical equipment when the structural headroom exceeds seven feet ten inches in height, except equipment such as bulkheads, water tanks and cooling towers when located on the roof, whether or not such equipment is in the open or enclosed;

c.

Floor space in that part or a half story where headroom is seven feet ten inches or more in height;

d.

Floor space devoted to interior balconies, mezzanines and enclosed porches;

e.

Floor space devoted to accessory uses in the principal building and in the accessory building or buildings;

f.

Floor space devoted to enclosed off-street parking and off-street loading.

(2)

For the purpose of determining off-street parking and off-street loading requirements, the term "floor area" means the sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to such use requiring off-street parking, and any basement floor area devoted to dwelling purposes, or to business or professional offices. However, such floor area shall not include floor area devoted primarily to storage purposes, except as otherwise noted in this chapter or cellar floor area.

Floor area ratio means the numerical value obtained through dividing the floor area of a building or buildings by the net lot area on which such building or buildings are located.

Front lot line means that boundary line of a lot which is along an existing or dedicated street lot line and which is established by the owner as a front lot line. On corner lots, the owner may select either street lot line as the front lot line.

Front yard means a yard extending along the full width of and from the established front lot line between side lot lines to the front building line in depth.

Garage means a shelter or repair shop for self-propelled vehicles.

Garage, private, means an accessory building or an accessory portion of the principal building which is intended for and used for storing the private passenger vehicles and, at most, one commercial vehicle of not more than one-half ton load capacity, of each family resident upon the premises, and in which no business or industry connected directly or indirectly with the motor vehicles is carried on; provided further, that not more than one-half of the space may be rented for the storage of private passenger vehicles of persons not resident on the premises, except that all the space in a private garage of one or two-car capacity, may be so rented. Private garages shall be classified according to their specific use in one of the following groups:

(1)

Group 1. A private garage, whether attached or unattached, in which provision is made for storing four or less passenger motor vehicles;

(2)

Group 2. A private garage whether attached or unattached, in which provision is made for more than four passenger motor vehicles.

Garage, public, means a building or structure for the, storage or parking of more than four passenger motor vehicles or motor boats, or more than one commercial motor vehicle, and in which provision may be made for the dispensing of gasoline, oil or similar products for the servicing of such vehicles. Public garages shall be classified according to their specific use in one of the following groups:

(1)

Group 1. A public garage in which provision is made for the sale, storage, repair or painting of motor vehicles;

(2)

Group 2. A public garage used exclusively for passenger vehicles, each vehicle accommodating not more than nine passengers.

Gross surface area of sign means the entire area within a single continuous perimeter enclosing the extreme limits of a sign, and in no case passing through or between any adjacent elements of the same. However, such perimeter shall not include any structural elements living outside the limits of such sign and not forming an integral part of the display.

Ground floor area means the lot area in square feet covered by a single-family dwelling, measuring from the exterior faces of the exterior wall of the building. Such area shall include only the area devoted to dwelling purposes, including enclosed utility rooms on the ground floor of a dwelling, and shall not include area devoted to garage breezeway or carport.

Half story means a space under a sloping roof which has the line of intersection of roof decking and wall not more than three feet above the top floor level, and in which space not more than 60 percent of the floor area is completed for principal or accessory use.

Home occupation means a gainful occupation or profession conducted by a member of a family residing on the premises, and where the business or profession is conducted within the dwelling.

Kennel means any premises where domestic animals over four months of age are owned, boarded, bred or offered for sale.

Lodging room means a room rented as sleeping and living quarters, but without cooking facilities, and with or without an individual bathroom.

Lot means a parcel of land, whether legally described or subdivided as one or more lots or parts of lots, located within a single block, and which is occupied by or intended for occupancy by one principal building or principal use, together with permitted accessory buildings and required open spaces, and having its principal frontage upon a street.

Lot area means the area of a horizontal plane bounded by the vertical planes through front, side and rear lot lines.

Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.

Lot line means a property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way lines.

Medical cannabis dispensing facilities: A facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, per the Compassionate Use of Medical Cannabis Pilot Program Act, enacted by the State of Illinois effective January 1, 2014, as may be amended from time to time.

Motor vehicle means any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public streets.

Nameplate means a sign indicating the name and address of a building or the name of an occupant thereof. and the practice of a permitted occupation therein.

Net lot area means the area inside of lot lines. exclusive of streets and alleys.

Noxious matter means materials which are capable of causing injury or malaise to living organisms or are capable of causing detrimental effects upon the health or the psychological, social or economic well-being of human beings.

Parking lot means a premises where three or more motor vehicles in running condition are parked, whether or not a fee is charged; and where parking of motor vehicle is primarily for continuous periods of less than 12 hours' time; and where no equipment or parts are sold and motor vehicles are not processed, rebuilt, serviced, repaired, hired or sold; and where fuel, grease, oil or other similar commodities are not dispensed.

Party wall means a wall starting from the foundation and extending continuously through all stories to or above the roof which separates one building from another, and is in joint use by each building.

Performance standard means a criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards or glare or heat generated by or inherent in uses of land or buildings.

Planned development means a lot, parcel or tract of land which is developed as an integrated unit and contains two or more principal buildings.

Playhouse means a small structure for children to play in.

Principal building means a non-accessory building in which is conducted the principal use of the lot on which it is located.

Private stable means a stable is any building which is located on a lot on which a dwelling is located, and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling.

Public stable means a building where horses are kept for remuneration, hire or sale.

Railing means a device not more than 36 inches in height and at least 50 percent open, constructed of metal, masonry, composition or wood, which forms a decorative enclosure attached to a ground-level patio.

Rear lot line means that boundary of a lot which is most distant from and is or is approximately parallel to the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot shall be deemed to be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

Rear yard means the portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot.

Refuse means all waste products resulting from human habitation, except storage.

Residential building means a building arranged, designed, used or intended to be used for residential occupancy by one or more families. Residential buildings may include, but are not limited to, the following types:

(1)

Single-family detached dwellings;

(2)

Two-family dwellings;

(3)

Multiple-family dwellings; and

(4)

A row or cluster of single-family or multiple-family dwellings constructed as attached structures whereby each dwelling might be under individual ownership, or control of any or all dwelling units could be under a single owner or owned jointly by two or more individuals.

Reversed corner lot means a corner lot, the street-side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

Safety railing means a device not more than 42 inches in height and at least 50 percent open, constructed of metal, masonry, composition or wood designed to provide safety around a raised deck or stairs.

Screening means a structure erected or vegetation planted for concealing from viewers the area behind it.

Semi-detached dwelling means a dwelling which is joined to one other dwelling by a party wall.

Shed means a slight structure built for storage but not shelter.

Side lot line means any boundary of a lot which is not a front or rear lot line.

Side yard means a yard extending along a side lot line between the front and rear yards.

Sign means a name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building or other outdoor surface or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. However, a sign shall not include the following:

(1)

Any display of official court or public office notices;

(2)

The flag emblem or insignia of a nation, political unit, school or religious group;

(3)

A sign located completely within any enclosed buildings, unless the context is intended to be viewed from a street.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above or, if there is no floor above, the space between the floor and ceiling next above. A basement shall be counted as a story. A cellar shall not be counted as a story.

Street (avenue, place, lane, road, boulevard, terrace, drive or parkway) means a right-of-way of required width, which affords a primary means of access to abutting property.

Structural alterations means any change, other than incidental repairs, in the supporting members of a building or structure, such as bearing walls, partitions, foundations, columns, beams or girders, or any substantial change in the roof or exterior walls.

Structure means that which is built or constructed of interdependent parts in a definite pattern of organization. The term "structure" means anything erected, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground. A sign or other advertising device, detached or projecting, shall be construed to be a separate structure.

Toxic material means a substance (liquid, solid or gaseous) which by reason of an inherent deleterious property tends to destroy life or impair health.

Treehouse means a structure (as a playhouse) built among the branches of a tree.

Temporary building means any building not designed to be permanently located in the place where it is, or where it is intended to be placed or affixed.

Through lot means a lot which has a pair of opposite lot lines along two more or less parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines, except in the case of two or more contiguous through lots where there shall be a common front lot line.

Two-family dwelling means a dwelling containing two dwelling units which are detached, semi-detached swelling or attached dwelling.

Unattached structure means a structure unattached to any other structure, and may include, but not be limited to, building including all variants defined herein and all related modifiers, garage, playhouse, shed, sign or other advertising device.

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

Use, nonconforming, means any use of a building or premises which on the effective date of the ordinance from which this chapter is derived does not, even though lawfully established, comply with all of the applicable use regulations of the zoning district in which such buildings or premises are located.

Use, permitted, means any building, structure and use which on the effective date of the ordinance from which this chapter is derived complies with the applicable regulations governing permitted uses of the zoning district in which such building, structure and use is located.

Use, principal, means the main use of land or building, as distinguished from a subordinate or accessory use.

Use, special, means any building, structure and use which complies with the applicable regulations governing special uses.

Yard means an open space on a lot which is unoccupied and unobstructed from its lowest level to the sky. A yard extends along a lot line and at right angles to such line to a depth or width specified in the yard regulations for the zoning district in which such lot is located.

(Code 1998, §§ 17.08.020—17.08.860; Ord. No. 2015-3, § 3, 3-12-2015; Ord. No. 2019-20, § 3(Exh. A), 10-10-2019; Ord. No. 2019-21, § 2, 12-12-2019)

(a)

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

(b)

Where the conditions imposed by any provision of this chapter upon the:

(1)

Use of land or buildings;

(2)

Bulk of buildings;

(3)

Floor area requirements;

(4)

Lot area requirements; and

(5)

Yard requirements;

are either more restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall govern.

(c)

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

(d)

No building, structure or use not lawfully existing at the time of the adoption of the ordinance from which this chapter is derived shall become, or be made lawful solely by reason of the adoption of said ordinance, and to the extent that, and in any manner that said unlawful building, structure or use is in conflict with the requirements of this chapter, said buildings, structure or use remains unlawful hereunder.

(e)

Nothing contained in this chapter shall be deemed to be a consent, license or permit to use any property, or to locate, construct or maintain any building, structure or facility, or to carry on any trade, industry, occupation or activity.

(f)

The provisions in this chapter are cumulative and additional limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter in this chapter.

(Code 1998, § 17.12.010; Ord. No. 2015-3, § 4, 3-12-2015)

It is declared that the provisions of this chapter shall apply to all properties as hereinafter specifically provided:

(1)

No building or structure or part thereof shall hereafter be erected, constructed. reconstructed, enlarged, moved or structurally altered, and no building, structure or land shall hereafter be used, occupied or arranged or designed for use or occupancy, nor shall any excavating or grading be commenced in connection with any of the above matters, except as permitted by the regulations of this chapter for the zoning district in which such building, structure or land is located.

(2)

Except as may otherwise be provided, all structural alterations or relocation of existing buildings occurring hereafter and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations herein which are applicable to the zoning districts in which such buildings, uses or land shall be located.

(3)

Not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal attached single-family dwelling residential building be located on the same zoning lot with any other principal building, except in the case of planned developments and other special uses.

(4)

More than one principal detached building, other than residential buildings, may be located on a zoning lot, provided the requirements of this chapter are met separately for each individual use. lot area, or other criteria, used to satisfy one use cannot be counted again and used to satisfy a separate use, except in the case of a planned development.

(5)

No land which is located in a residential district shall be used for driveway, walkway or access purposes to any land which is located in a commercial or industrial district, or used for any purpose not permitted in a residential district, except in the case of planned developments.

(Code 1998, § 17.12.030; Ord. No. 2015-3, § 4, 3-12-2015)

The following uses of land or buildings are allowed in the districts indicated in this chapter under the conditions specified in this chapter:

(1)

Uses lawfully established on the effective date of the ordinance from which this chapter is derived;

(2)

Permitted uses as designated in this chapter; and

(3)

Special uses.

(Code 1998, § 17.12.040; Ord. No. 2015-3, § 4, 3-12-2015)

No building or tract of land shall be devoted to any use other than one which is specified as a permitted or special use in the zoning district in which such building or land is located.

(Code 1998, § 17.12.050; Ord. No. 2015-3, § 4, 3-12-2015)

(a)

All new buildings shall conform to the bulk regulations established in this section for the district in which each building is located. Further, no existing building shall be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict, or to further conflict with the bulk regulations of this section for the district in which such building shall be located.

(b)

Where two or more permitted or special uses, each requiring a minimum lot area, are provided in the same building or on the same lot, the required lot area shall be the sum of the areas required for each use individually.

(c)

No improved zoning lot shall hereafter be divided into two or more zoning lots unless all improved zoning lots resulting from each such division shall conform to all the applicable bulk regulations of the zoning district in which the property is located. if a lot is built upon under one building permit, then divided for selling purposes, it can only be so divided if each saleable village's subdivision regulations.

(d)

All yards and other open spaces allocated to a building or buildings shall be located on the same zoning lot as such building or buildings.

(Code 1998, § 17.12.060; Ord. No. 2015-3, § 4, 3-12-2015)

(a)

Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use and shall not include the keeping, propagation or culture of pigeons, poultry or livestock whether or not for profit. Private, in-ground swimming pools shall be permitted accessory uses in any residence district, provided they conform to the regulations of this chapter and other applicable ordinances of the village.

(b)

No accessory building, unless it is structurally a part of the principal building, and, unless it conforms with requirements of accessory buildings for special uses, shall be erected or altered at or within the required area for front, side or rear yard of the lot as set forth in the district.

(c)

No accessory building shall have more than one story, nor exceed 17 feet in height, unless otherwise permitted as accessory to authorized special uses.

(Code 1998, § 17.12.070; Ord. No. 2015-3, § 4, 3-12-2015)

(a)

To provide for the location of certain uses hereinafter specified, which are deemed desirable for the public welfare within a given district, but which might have an adverse effect upon nearby properties or upon the character and future development of the district in which they are located, a classification of special use is established.

(b)

Where a use exists on the effective date of the ordinance from which this chapter is derived and it is classified as a special use by said ordinance, it shall be considered to be a lawful special use. additions or alterations to existing buildings or land improvements for expansion of lawful special uses may be made within the area of the lot included in the ownership existing at the time of adoption of said ordinance, and they shall be subject to yard, floor area ratio and building height requirements set forth in this chapter for permitted uses in the districts in which they are located.

(c)

If the special use ceases for a period of more than one year, the special use permit shall be void and the special use cannot again be started. A special use permit may authorize one or more special uses, in accordance with the terms of the special permit.

(d)

On each lot in R-1 residential zoning districts, at most only one unattached structure can be erected in addition to the principal building; such unattached structure shall be regarded as an accessory use and will be permitted under provisions of "special uses" as regulated by this chapter, as amended, and by additional requirements specified in village building and property maintenance regulations.

(e)

Adult use marijuana. Adult-use cannabis business establishments, as defined in section 42-3 shall require an approval of a special use, shall be processed in accordance with section 42-109 et seq. (special uses) of the Village Zoning Ordinance as provided herein, and shall be subject to the following conditions:

(1)

Purpose and applicability: It is the intent and purpose of this section 42-109 to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the village. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time to time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

(2)

Adult use cannabis facility components: In determining compliance with section 42-109 (special uses) of this article, the following components of the adult-use cannabis facilities shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:

a.

Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

b.

Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.

c.

Hours of operation and anticipated number of customers/employees.

d.

Anticipated parking demand based on Section 42-78(5) and available private parking supply.

e.

Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

f.

Site design, including access points and internal site circulation.

g.

Proposed signage plan.

h.

Compliance with all requirements provided in subsection (3) (adult-use cannabis craft grower); subsection (4) (adult-use cannabis cultivation center); subsection (5) (adult-use cannabis dispensing organization); subsection (6) (adult-use cannabis infuser organization); subsection (7) (adult-use cannabis processing organization); or subsection (8) (adult-use cannabis transporting organization), as applicable.

i.

Other criteria determined to be necessary to assess compliance with section 42-109 (special uses) of this chapter.

(3)

Adult-use cannabis craft grower: In those zoning districts in which an adult-use cannabis craft grower is identified as a special use, the proposed facility must comply with the following:

a.

Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

b.

Facility may not be located within 1,500 feet of the property line of a pre-existing property zoned or used for residential purposes.

c.

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

d.

For purposes of determining required parking, adult-use cannabis craft grower shall be classified as a use in the business district per section 42-78(5) (schedule of off-street parking requirements: business uses), provided, however, that the village may require that additional parking be provided as a result of the analysis completed through section 42-109 (adult-use cannabis: special use) herein.

e.

Craft growers shall be only allowed in the B5 and B6 zoning districts as a special use.

f.

Petitioner shall file an affidavit with the village affirming compliance with this Section and all other requirements of the Act.

(4)

Adult-use cannabis cultivation center: In those zoning districts in which an adult-use cannabis cultivation center is identified as a special use, the proposed facility must comply with the following:

a.

Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

b.

Uses shall be only allowed in the B5 and B6 zoning districts as a special use.

c.

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

d.

For purposes of determining required parking, Adult-use cannabis cultivation centers shall be classified as others uses per section 42-78(6) (schedule of off-street parking requirement), provided, however, that the village may require that additional parking be provided as a result of the analysis completed through section 42-109 (adult-use cannabis: special use) herein.

e.

Petitioner shall file an affidavit with the village affirming compliance with this Section and all other requirements of the Act.

(5)

Adult-use cannabis dispensing organization: In those zoning districts in which an adult-use cannabis dispensing organization is identified as a special use, the proposed facility must comply with the following:

a.

Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

b.

At least 75 percent of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act.

c.

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

d.

There shall be no viewing of product available from outside the facility.

e.

Facility may be issued a permit to host on-site consumption of cannabis if located in a freestanding structure occupied solely by the dispensing organization and smoke from the facility does not migrate into an enclosed area where smoking is prohibited. The security plan for the facility required by subsection (9) (additional requirements) shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit shall be reviewed annually and may be suspended or revoked following notice and hearing as provided in sections 8-39, 8-40, and 8-71 of the Village of Indian Head Park Municipal Code.

f.

For purposes of determining required parking, said facilities shall be classified as a business use per section 42-78(5) (schedule of off-street parking requirements: of the zoning ordinance, provided, however, that the village may require that additional parking be provided as a result of the analysis completed through section 42-109 (adult-use cannabis: special use) herein.

g.

Petitioner shall file an affidavit with the village affirming compliance with this Section and all other requirements of the Act.

(6)

Adult-Use Cannabis Infuser Organization: In those zoning districts in which an adult-use cannabis infuser organization is identified as a special use, the proposed facility must comply with the following:

a.

Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

b.

Infusers shall be limited to the B5 and B6 zoning districts as a special use.

c.

At least 75 percent of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

d.

For purposes of determining required parking, said facilities shall be classified as others uses per section 42-78(6) (schedule of off-street parking requirement, provided, however, that the village may require that additional parking be provided as a result of the analysis completed through section 42-109 (adult-use cannabis: special use) herein.

e.

Petitioner shall file an affidavit with the village affirming compliance with this Section and all other requirements of the Act.

(7)

Adult-use cannabis processing organization: In those zoning districts in which an Adult-Use Cannabis Processing Organization is identified as a special use, the proposed facility must comply with the following:

a.

Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

b.

Processing operations shall be limited to the B5 and B6 zoning districts.

c.

At least 75 percent of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

d.

For purposes of determining required parking, said facilities shall be classified as others uses per section 42-78(6) (schedule of off-street parking requirement, provided, however, that the village may require that additional parking be provided as a result of the analysis completed through section 42-109 (adult-use cannabis: special use) herein.

e.

Petitioner shall file an affidavit with the village affirming compliance with this section and all other requirements of the Act.

(8)

Adult-use cannabis transporting organization: In those zoning districts in which an adult-use transporting organization may be located, the proposed facility must comply with the following:

a.

Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

b.

Facilities shall be located in the B5 and B6 zoning districts as a special use.

c.

The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

d.

For purposes of determining required parking, said facilities shall be classified as others uses per section 42-78(6) (schedule of off-street parking requirement, provided, however, that the village may require that additional parking be provided as a result of the analysis completed through section 42-109 (adult-use cannabis: special use) herein.

e.

Petitioner shall file an affidavit with the village affirming compliance with this Section and all other requirements of the Act.

(9)

Additional requirements. Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the special use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.

(10)

Co-location of cannabis business establishments. The village may approve the co-location of an adult-use cannabis dispensing organization with an adult-use cannabis craft grower center or an adult-use cannabis infuser organization, or both, subject to the provisions of the Act and the special use criteria within the Village of Indian Head Park Municipal Code. In a co-location, the floor space requirements of section 6.3 and 7.3 shall not apply, but the collocated establishments shall be the sole use of the tenant space.

(11)

Violation/penalties. Any violation of this subsection (e) shall be punishable as provided in section 42-111 of this Code.

(f)

Medical cannabis dispensing facility as defined herein shall require a special use permit in accordance with article 4, section 42-109, special uses and in accordance with the following requirements:

(1)

Compliance with State Regulations and Rules. All medical cannabis dispensaries shall comply with the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122) including all rules and regulations adopted in accordance thereto. The petitioner shall file an affidavit with the Village, at the time of business license application and annual renewals, affirming compliance with all requirements of the Compassionate Use of Medical Cannabis Pilot Program Act.

a.

Setback requirements. The medical cannabis dispensary shall not be located within 1,000 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home. Adult learning centers and vocational/trade centers (serving only students at least 18 years of age or older) shall not be classified as a public or private school for purposes of this section.

b.

Not in residential areas. The medical cannabis dispensary shall not be located in a home, apartment, condominium or within any area zoned for or containing residential uses.

c.

Parking. Medical cannabis dispensing facilities shall provide one parking space for each 200 square feet of gross floor area in accordance with article 3, "Off Street Parking and Loading", section 42-78(5) provided, however, that the village may require that additional parking be provided as a result of findings determined during the public hearing process for a special use permit.

d.

Signage. All signage for medical cannabis dispensary facilities shall be limited to one flat wall sign not to exceed ten square feet in area. Electronic message boards and temporary signs shall not be permitted. Sign wording shall be clinical or botanical in nature and shall not use slang terms or imagery.

e.

Age and access limitation. It shall be unlawful for any medical cannabis dispensary facility center to allow any person who is not at least 18 years of age in said facility. Cannabis dispensary facilities shall not employ anyone under the age of 18. Access shall be limited exclusively to dispensary staff, cardholders, designated care givers and local and State officials and those specifically authorized under the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122).

f.

Security, lighting and video surveillance.

1.

The medical cannabis dispensary facility shall be within an enclosed locked facility and shall provide and maintain adequate security on the premises, including lighting, video surveillance and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft.

2.

The medical cannabis dispensary parking area, client entrance, sales area, back room, storage areas, loading area and entrances shall be monitored by video surveillance equipment whose live images can be viewed by dispensary staff and continually recorded in a tamper proof format that is stored for not less than 48 hours. Said recordings shall be made available to the Indian Head Park Police Department upon request.

3.

Deliveries shall occur within a secure enclosed loading area. No deliveries shall be visible from the front of the building.

g.

Drug paraphernalia. Medical cannabis dispensaries that display or sell drug paraphernalia shall do so in compliance with the Illinois Drug Paraphernalia Control Act (720 ILCS 600/) and the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122).

h.

Product packaging. Medical cannabis shall be distributed in a sealed, tamper-evident medical cannabis container. Any additional packaging, such as bags or boxes, shall be opaque with no texts or graphics identifying the contents of the packages.

i.

Hours of operation. Medical cannabis dispensaries shall be permitted to operate between the hours of 7:00 a.m. and 9:00 p.m.

j.

Drive-thru window. A medical cannabis dispensary shall not have a drive-thru window service.

k.

Conduct on site. It shall be unlawful to smoke, inhale or consume cannabis products in the medical cannabis dispensary or anywhere on the property occupied by the dispensary. A sign, at least 8.5" x 11.5" shall be posted inside the dispensary facility, in a conspicuous location that shall include the following language: "Smoking, drinking, eating or other forms of consuming cannabis products is prohibited on the dispensary property.

l.

Limitations. A special use permit for a medical cannabis dispensing facility shall expire within one year unless a building permit is issued and construction has commenced within that period, and is thereafter diligently pursued to completion or unless a Certificate of Occupancy is issued and a use commenced within that period.

(Code 1998, § 17.12.080; Ord. No. 2015-3, § 4, 3-12-2015; Ord. No. 2019-20, § 3(Exh. A), 10-10-2019; Ord. No. 2019-21, § 3, 12-12-2019)

(a)

The minimum yard space required for one structure shall not again be considered as yard space for another adjoining structure.

(b)

No lot shall be reduced in area so that the yards or other open spaces become less than required by this chapter.

(c)

On a vacant through or corner lot, either of the lot lines abutting a street right-of-way line may be established as its front lot line, except that where two or more through lots are contiguous and a front line has been duly established, the same street lot line shall thereafter be deemed to be the front lot line of all contiguous lots. on a through lot, a front yard shall be provided along any lot abutting a street.

(d)

Unattached structures such as private garages, playhouses and sheds designated as an accessory use may be permitted in R-1 residential zoning districts only as a "special use" and shall be regulated by provisions in this chapter and village building and property maintenance regulations.

(e)

For the purpose of establishing permitted obstructions, any yard which adjoins a street shall be considered a front yard, except where otherwise provided.

(f)

Unattached structures as permitted within the provisions for special use in this chapter shall be considered nonconforming upon failure to comply with all criteria specified for garages, Playhouses and sheds in the village building and property maintenance regulations and shall be subject to the nonconforming provisions of this chapter.

(g)

On corner lots, no structures or plant materials shall obstruct a clear path of motor vehicle driver's vision of approaching vehicles within a triangular area determined by a diagonal line connecting two points measured 35 feet equidistant from the street corner of the two intersecting street lines.

(h)

All required front, interior side, corner side and rear yards shall be unobstructed from ground level to the sky, except as allowed in sections 42-12, 42-230 and 42-266. All structures which are attached to principal buildings (as attached garages) shall comply with the yard requirements of the principal building.

(Code 1998, § 17.12.090; Ord. No. 2015-3, § 4, 3-12-2015)

(a)

In any yards. Ornamental light standards and flagpoles.

(b)

Rear yards. Private in-ground swimming pools, recreational equipment, laundry drying equipment and fences as permitted in section 42-14.

(c)

Any obstructions not specifically stated in this section or as applicable in sections 42-14, 42-230, or 42-266 as permitted obstructions in required yards, will not be permitted except by variation.

(Code 1998, § 17.12.100; Ord. No. 08-16, § 2, 11-13-2008; Ord. No. 2015-3, § 4, 3-12-2015)

In the continuous area and three feet beyond such area adjacent to a stream, stream bed or other natural drainage basin or channel whose elevation, including also any land of higher elevation having an area of less than ten acres which is completely surrounded by land having an elevation equal to or lower than the flood crest elevation or land which is wholly or partially in floodplain as defined by ordinance, no building or structure shall be erected unless a building site not lower than the applicable high water elevation plus two feet:

(1)

Exists on the front part of the lot or parcel; or

(2)

Will be built up during excavation of the subdivision improvement plan through general excavation and filling; or

(3)

Can be provided with excavation taken from within the area or lot or parcel when it is built upon. The high water elevation shall be the flood levels as established by village ordinance by the most recent and best available data and information listed in the MSD manual of procedures, article 5, "Construction within the Floodplain."

(Code 1998, § 17.12.110; Ord. No. 2015-3, § 4, 3-12-2015)

(a)

Fences are prohibited except as provided in this section.

(b)

Existing decorative (split rail) fences may stay if and only when they are properly maintained. They can be sealed or stained in a natural color but not painted. Upon transfer of ownership of the property, said fence shall be removed immediately.

(c)

Cyclone, stockade, or any other type of fence must be removed unless the owner has received a variance from the village. If a variance has been received, the fence must always be maintained and must be removed upon transfer of ownership of the property.

(d)

This section shall not apply to that portion of a property adjoining a business zoning district.

(e)

Regulations regarding swimming pool safety shall remain in effect.

(f)

The village administrator shall cause to have notice filed with the Cook County Recorder of Deeds of the properties subject to this section.

(g)

Fences may be permitted if required as a reasonable accommodation for a person with a disability, in accordance with the American with Disabilities Act, 42 USC 12101 et seq., and the Fair Housing Amendments Act, 42 USC 3601 et seq., on the following conditions:

(1)

The fence shall be a minimum of five feet in height at walk grade level.

(2)

The fence shall be constructed of a wrought-iron or aluminum material or other corrosion-resistant material approved by the building inspector.

(3)

The fence shall give the appearance of being a wrought iron fence with vertical fencing sufficiently close so as to prevent a child from passing through the verticals.

(4)

The fence shall not have spikes or pointed ends on the top of the fence.

(5)

Heavy screening shall be provided in the form of landscaping consisting of a hedge comprised of pines, evergreens, or such other shrubbery which does not lose its leaves in winter. The evergreen bushes used in screening the fence will be spaced in such a manner as to maintain the health and integrity of the bushes while effectively screening the fence from view. The evergreen bushes shall be a minimum of five feet in height at the time of installation, and shall have an expected height at maturity of at least ten feet. Such screening shall be subject to the final approval of the village building inspector, and the screening shall be maintained so long as the fence exists.

(Code 1998, § 17.12.120; Ord. No. 08-16, § 3, 11-13-2008; Ord. No. 08-17, § 3, 11-13-2008; Ord. No. 2015-3, §§ 4, 25, 3-12-2015; Ord. No. 2021-03, § 1, 4-8-2021; Ord. No. 2024-05, § 1, 2-8-2024)

Such enclosures are to have a maximum enclosed area of 75 square feet. The enclosed are shall be entirely floored by a poured concrete slab. Such enclosure slab must be surrounded by a suitable fence, and shall be no further than two feet from the principal building. No portion of the enclosure shall be located in, or shall encroach upon the side yard setback, rear yard setback or front yard setback. The enclosure must be provided with running water permanently available within five feet of the enclosure, and drainage connected to the building sanitary sewer or other sanitary disposal system as approved by the building department. All enclosures shall provide shelter for the enclosed animal. Construction of all such enclosures will require a building permit and approval of the village building department.

(Code 1998, § 17.12.130; Ord. No. 2015-3, § 4, 3-12-2015)