In accordance with 65 ILCS 5/11-13-1 to 5/11-13-27, this chapter regulates lots, structures, and uses in order to preserve, protect, and promote the public health, safety, and welfare and to implement the city's community development plan. More specifically, this chapter is intended to assist in achieving the following objectives:

(1)

To encourage the development of buildings and uses on appropriate sites in order to maximize community-wide social and economic benefits, while accommodating the particular needs of all residents, and to discourage development on inappropriate sites;

(2)

To protect and enhance the character and stability of sound existing residential, commercial, and industrial areas, and to gradually eliminate nonconforming uses and structures;

(3)

To conserve and increase the value of taxable property throughout the city;

(4)

To ensure the provision of adequate light, air, and privacy for the occupants of all buildings;

(5)

To protect the public from property damage caused by fire, flooding, poorly controlled stormwater runoff, mine subsidence, and adverse soil and topographical conditions;

(6)

To provide adequate and well-designed parking and loading space for all buildings and uses, and to reduce vehicular congestion on the public streets and highways;

(7)

To ensure the proper design and improvement of manufactured home parks;

(8)

To promote the use of signs which are safe, aesthetically pleasing, compatible with their surroundings, and legible in the circumstances in which they are seen;

(9)

To authorize and regulate the design of PUDs; and

(10)

To provide for the efficient administration and fair enforcement of all the regulations in this chapter.

(Code 1974, § 36-1; Ord. No. 1151, § 1-1, 7-25-2005)

(a)

A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited.

(b)

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:

Abutting means having a common lot line or district line and is a synonym for the term "adjacent."

Access way means a curb cut, ramp, driveway, or other means for providing vehicular access to an off-street parking or loading area.

Accessory use means any structure or use that is subordinate in size or purpose to the principal structure or use it serves, necessary or contributing to the comfort and convenience of the occupants of the principal structure or use served and located on the same lot as the principal structure or use served.

Agricultural use means any one or any combination of the following: the growing of farm or truck garden crops, dairying, pasturage, horticulture, floriculture, or animal/poultry husbandry. The term "agricultural use" includes, without limitation, the growing, developing, processing, conditioning, or selling of hybrid seed corn, seed beans, seed oats, or other farm seeds. The term "agriculture" encompasses the farmhouse, and accessory uses and structures customarily incidental to agricultural activities.

Aisle means a vehicular traffic way within an off-street parking area, and used as a means of access/egress from parking spaces.

Alley means a public right-of-way which affords a secondary means of vehicular access to abutting premises that front on a nearby street.

Alter means to change the size, shape, height, use, or other similar characteristics of a sign or structure.

Alterations, as applied to a building or structure, means changes or rearrangements in the structural parts or in the existing facilities, or an enlargement, whether by horizontal extensions or by increasing in height, or the moving from one location or position to another.

Alterations, structural, means a change in the supporting members of a building, such as bearing walls, columns, beams, or girders.

Amendment, map, means an amendment to the map of this chapter which affects an individual parcel or parcels of land.

Amendment, text, means an amendment to the text of this chapter that affects the whole municipality.

Amendments means the change by established procedures in zone district classification, commonly referred to as rezoning.

Ancillary means a structure or use that is subordinate, auxiliary and supplementary to the principal structure or use.

Anchor means any approved device to which a manufactured home is tied down to keep it firmly attached to the stand on which it is placed.

Animal, domestic, means a domesticated animal that has extensively and historically been a part of a family or household for pleasure, companionship and protection. Domesticated animals are household pets and are inclusive of animals, fowl, reptiles and fish, such as dogs, cats, parakeets, goldfish and painted turtles.

Animal hospital means any building, or portion thereof, designed or used for the care, observation or treatment of domestic animals.

Animals, farm, means animals, other than chickens, that have historically been bred, reared and utilized for production of meat, leather, milk, eggs, and similar products. This definition is inclusive of all farm animals, fowl, reptiles and fish, such as horses, cattle, hogs, sheep, geese, ducks, snakes, and catfish, but does not include chickens.

Animals, wild, means animals, fowl, reptiles, and fish of the North American continent not domesticated, such as bears, raccoons, squirrels, alligators, and Gila monsters. Any animals, fowl, reptiles and fish from other continents shall automatically be considered wild.

Antenna means a metallic device or structure for radiating or receiving radio waves.

Apartment means a suite of rooms or a room in a building arranged and intended for a place of residence or a single family or a group of individuals living together as a single housekeeping unit.

Apartment house means a multifamily dwelling used or occupied by four or more families living independently of each other in dwelling units, such as dwelling units normally rented or used other than by the day, by the same occupant for a continuous period ordinarily of six months or more.

Appeal means a procedure whereby a person aggrieved by any decision of the city building and zoning official in any matter related to the interpretation or enforcement of this chapter may seek relief from the zoning board of appeals.

Area, gross, means the entire area within the lot line of a parcel of property, including, in the case of a subdivision, the areas to be dedicated for street and alley rights-of-way and for public uses.

Area, net, means the entire area within the lot lines of a parcel of property, minus any area to be dedicated for street and alley rights-of-way and for public uses.

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

Asphaltic concrete means a mixture of petroleum byproducts and gravel used for paving to form a smooth, permanent surface. The term "asphaltic concrete" does not mean oil and chip.

Attached, as applied to buildings, means having a common wall or a common roof.

Attached building means a building attached to another building by a common wall (such wall being a solid wall with or without windows and doors) and a common roof.

Auditorium means a room, hall or building made a part of a church, theater, school recreation building or other building assigned to the gathering of people, such as an audience, to hear lectures, plays and other presentations.

Automobile parking area means a lot, or part thereof, used for the storage of motor vehicles with or without the payment of rent or charges.

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

Automobile repair, minor, means incidental repairs, replacement of parts, and motor service to automobiles, but not including any operations specified under automobile repair, major.

Automobile sales area means a parcel of land used for the display and sale of new or used automobiles, where repair work is permitted.

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

Awning means any roof-like structure made of cloth, metal, or other material attached to a building or erected over a window, doorway or similar structure, in such a manner as to permit its being raised or retracted to a position against the building when not in use.

Barrier (natural or artificial) means any street, highway, river, pond, canal, railroad, levee, embankment, screening by a fence or hedge, or similar obstruction.

Basement means a story having more than one-half its height below the average level of the adjoining ground.

Bed and breakfast shall mean an operator-occupied residence providing accommodations for a charge to the public with no more than five guest rooms for rent, in operation for more than ten nights in a 12 month period. Breakfast may be provided to the guests only.

Billboard means any single- or double-faced sign displaying messages or advertising not associated with the premises on which the sign is located or to which it is affixed. A billboard typically has provision for changing messages or advertising thereon.

Block means an area of land entirely bounded by streets, highways, barriers, or ways (except alleys, pedestrian ways, or exterior boundaries of a subdivision unless the exterior boundary is a street, highway, or way), or bounded by a combination of streets, public parks, cemeteries, railroad rights-of-way, waterways, or corporate boundary lines.

Boardinghouse means a building, other than a hotel or restaurant, where meals are provided for compensation to three or more persons, but not more than ten, who are not members of the keeper's family, but is not open on a daily, overnight or per-meal basis to transient guests.

Buffer strip means an area of land that is undeveloped except for landscaping, fences and similar structures used to protect a use situated on one lot from the deleterious effects of the use on the adjacent lot.

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

Building means any structure, whether temporary, semi-permanent, or permanent, designed or intended to provide security and shelter of persons, property, animals, or substances of any kind, and functional places in which to live, play, and work; a structure that is principally aboveground and is enclosed by walls and a roof. The term "building" includes a gas or liquid storage tank in order that such tanks will be constructed to the same flood damage protection standards. The term "building" includes a manufactured home or prefabricated building which is affixed on a permanent site and connected to the required utilities. The term "building" does not include recreational vehicles or travel trailers.

Building and zoning official means the official appointed by the mayor with the advice and consent of the city council to administer the provisions of this chapter.

Building height means the vertical distance measured from the average grade at the front wall of a building to the highest point of the coping of a flat roof or to the deck line of mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs. Chimneys, towers, cooling towers and similar projections shall not be included in calculating building height.

Building line means the line, parallel to the front line, measured between side lot lines through that part of the building, structure or construction site where the lot is narrowest.

Building setback line means the line nearest the front of and across a lot delineating the minimum open space required between the front of a structure and the street right-of-way line.

Bulk means any one or any combination of the following structural or site design characteristics:

(1)

Size or height of structure;

(2)

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

(3)

Lot area;

(4)

Yards or setbacks.

Camping trailers or travel trailers means units designed to be moved by a motorized vehicle and used for temporary occupancy as vacation dwellings, generally without self-contained sanitary facilities, that can be operated independently of utility connections, and that are no wider than eight feet and no longer than approximately 32 feet. The term "camping trailers" or "travel trailers" does not include manufactured homes.

Canopy means a structure, other than an awning, made of cloth, metal, or other material with frames attached to a building, and carried by a frame supported by the ground or sidewalks.

Centerline means the centerline of any right-of-way having a uniform width, the original centerline if the right-of-way has been widened irregularly, or the new centerline if the road has been relocated.

Certificate of appropriateness means a permit issued by the building and zoning official to allow any change in the outward appearance of any building or structure in the historic shopping district.

Changeable copy sign means a sign whereon provision is made for letters or characters to be placed in or upon the surface area either manually or electronically to provide a message or picture.

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

Clinic means an establishment where licensed physicians or dentists practice medicine or dentistry, but where overnight lodging for sick or injured persons is not provided.

Club or lodge means a nonprofit association of persons who are bona fide members organized for some purposes and paying regular dues and whose facilities are restricted to members and their guests. The term "club" or "lodge" does not include a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

Commercial use or establishment means any use or establishment in this chapter where goods are purchased or sold, whether to the consuming public at retail or to other businesses at wholesale.

Common open space means land unoccupied by structures, buildings, streets, rights-of-way and automobile parking lots and designed and intended for the use or enjoyment of residents of a PUD. Common open space may contain structures for recreational use. No area within 30 feet of any building or structure except a structure used for recreational uses is part of common open space.

Community development plan means the most recent version of the comprehensive, long-range plan for the city made for the general purpose of guiding and accomplishing coordinated and harmonious physical development, public improvements and utilities in this chapter that best meet the present and future needs of the city and promote health, safety, morals, order, convenience, prosperity, efficiency and economy and general welfare.

Community residence means a group home or specialized residential care home serving unrelated persons who are developmentally disabled which is licensed, certified, or accredited by appropriate local, state, or federal governmental entities.

Community residence, large, means a community residence serving six or more persons with disabilities.

Community residence, small, means a community residence serving five or fewer persons with disabilities in a family-like atmosphere.

Condominium means the ownership of individual dwelling units in a multi-dwelling unit structure on a single parcel of land with common ownership of all portions of the property except the dwelling units.

Conforming means in compliance with the applicable provisions of this chapter.

Convalescent homes means a licensed public or private home or institution for the gradual recovery of health and strength by persons suffering from sickness or weakness.

Convenience store means a small retail establishment offering goods or services primarily for the convenience needs of residential areas.

Corrective action order means an order issued in accordance with the procedure set forth in this chapter to effect compliance with this chapter.

Coverage means total square footage of ground floor area expressed as square footage.

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

Daycare center means an establishment for the part-time care or instruction, at any time of day, of four or more unrelated children of pre-elementary school age.

Dedication means the transfer of ownership or maintenance responsibility for a street or other facility to the city or other public entity by the landowner on whose property the facility is located.

Density, gross, means the ratio between the total number of dwelling units of a given tract of land and the total area in acres, including all land use areas and all public and private rights-of-way.

Density, gross residential, means the ratio between the total number of dwelling units by dwelling unit type on the land area designated for that type of residential use and the total residential land area by dwelling unit type in acres, including all public and private rights-of-way.

Density, net residential, means the ratio between the total number of dwelling units by dwelling unit type on the land area designated for that type of residential use and the total residential land area by dwelling unit type in acres, exclusive of all public and private rights-of-way and other nonresidential uses.

Design means the arrangement of uses on the land and use of land for easements, lots and rights-of-way, including materials, alignment grade and the width of these elements.

Detached, as applied to buildings, means surrounded by yards on the same lot as the building.

Develop means to erect any structure or to install any improvements on a tract of land, or to undertake any activity (such as grading) in preparation therefor.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, the construction of or substantial improvements to building or other structures, the placement of manufactured homes, mining, dredging, filling, grading, paving, excavation or drilling operation.

Developmentally disabled refers to a person who has a physical or mental impairment, or a record of a past physical or mental impairment, which substantially limits one or more of his major life activities, impairs his ability to live independently, but does not include current use or addiction to a controlled substance.

Dimensions, as applied to lots, refers to both lot depth and lot width.

Dish, satellite, means a thin, flat, circular plate type object that is placed on private property or business property, on or separate from a building, to be used to receive satellite images.

District, zoning, means a portion of the territory of the city that is subject to certain uniform requirements of this chapter, or various combinations thereof, regarding structures, lots, and uses.

Drive-in restaurant means an establishment principally used for the sale of fast order food.

Drive-in theater means a tract of land developed with facilities for projecting motion pictures on an outdoor screen for viewing from patron automobiles parked on the premises.

Driveway means a minor access way commonly providing vehicular access to a garage or off-street parking area.

Dry cleaner, retail, means a retail limited processing dry cleaner primarily serving individual public consumers.

Dry cleaner, wholesale, means a business primarily processing dry cleaning for other businesses, as opposed to the individual public.

Dwelling means a building, or portion thereof, designed or used primarily as living quarters for one or more families, but not including hotels, motels, or other accommodations for the transient public.

Dwelling, multifamily, means a building, or portion thereof, containing three or more dwelling units.

Dwelling, single-family, means a dwelling containing one dwelling unit and intended for the occupancy of one family.

Dwelling, two-family, or duplex means a dwelling containing two dwelling units.

Dwelling unit means one or more rooms designed or used as living quarters by one family, which unit includes a bathroom and a kitchen.

Easement means a right to use another person's real property, or portion thereof, for certain limited purposes.

Enclosed, as applied to a building, means covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior walls or by common walls, with openings only for windows and doors. As applied to a fence, wall, or buffer strip, the term "enclosed" means open to the sky but surrounded on all sides by the fence, wall or buffer strip.

Encroachment lines means the limits of obstruction to flood flows. These lines are generally parallel to the stream. The lines are established by assuming that the area landward (outside) of the encroachment lines will be ultimately developed in such a way that it will not be available to convey flood flows. The stream channel and adjoining floodplains between these lines will be maintained as open space and will be adequate to convey the regional flood without adversely increasing flood heights.

Enlarge means to increase the size (floor area, height, etc.) of an existing principal structure or accessory use, or to devote more land to an existing use.

Erect means to build or construct.

Escrow agent means the persons identified as escrow agents by city subdivision regulations.

Establishment means either of the following:

(1)

An institutional, business, commercial, or industrial activity that is the sole occupant of one or more buildings; or

(2)

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

a.

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

b.

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.

Excavation means any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.

Existing means actually constructed or in operation prior to the effective date of the ordinance from which this chapter is derived.

Existing grade means the vertical location of the existing ground surface prior to excavation or filling.

Family means:

(1)

Two or more persons, each related to the other by blood, marriage, or adoption, together with usual domestic servants and not more than one bona fide guest, all living together as a single housekeeping unit and using common kitchen facilities (that is, a related family); or

(2)

Three or fewer persons, all of whom are not necessarily related to each of the others by blood, marriage, or adoption, all living together as a single housekeeping unit and using common kitchen facilities (that is, an unrelated family); provided, however, with respect to a lodginghouse or roominghouse located within an MR multifamily residential zoning district, that the allowable maximum size of an unrelated family shall be increased to four persons, if the owner or lessee of each such building:

a.

Signs a written agreement with the city to meet the following requirements intended to enhance the safety of the tenants of the building:

1.

The owner or lessee of the building shall cause each apartment in the building to be constantly in compliance with the occupancy limitations set forth in section 404 of the International Property Maintenance Code adopted by the city;

2.

The owner or lessee of the building shall allow the city to make a property inspection of each apartment in the building once per year.

3.

The owner or lessee of the building shall constantly maintain a complete and up-to-date roster that states the names of all tenants in the building and designates the apartment in which each tenant resides. The owner or lessee of the building shall maintain this roster of tenants in lieu of the occupancy permits that the city would otherwise require. The owner or lessee of the building shall make the roster of tenants available to the city on demand for inspection or copying.

4.

The owner or lessee of the building shall require the tenants, regardless of the number thereof, to comply with the parking limitations applicable to the building pursuant to this chapter.

b.

Faithfully and continuously performs the owner's or lessee's duties under that written agreement.

(3)

Provided, however, that for purposes of this definition, an unrelated family does not include persons living together in a community residence or nursing home.

Fast food restaurant. See Drive-in restaurant.

Fast order food means food that is primarily intended for immediate consumption, available after a short waiting time and packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold.

Federal Manufactured Home Construction and Safety Standards means 24 CFR 3280, administered by the Federal Department of Housing and Urban Development (HUD), that is accepted as a reasonable standard for the construction, design, and performance of manufactured homes that meet the needs of the public, including the need for quality, durability, and safety.

Fence means a structural enclosure or barrier consisting of wood, wire, or metal that partly or fully obscures vision, light, or air that is intended to visually screen, mark property boundaries, or prevent escape or intrusion, but does not include a hedge, buffer strip, or natural growth.

Fence, open, means a fence, including any gates in the fence, which permits direct vision through at least 90 percent of the vertical surface area, e.g., chain-link or open wire without slats.

Fence, protective, means a fence, including any gates in the fence, that encloses an attractive facility posing a potential hazard (such as a swimming pool) to unsupervised persons.

Fence, safety, means a solid and substantially built accessory structure placed between pedestrian or vehicular rights-of-way and a site containing any hazardous, noxious, or toxic condition.

Flammable, as distinguished from nonflammable, refers to any material that, once ignited, will continue to burn even after the material is no longer in direct contact with flame.

Floor area, gross, means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center of the common walls of attached buildings. The term "gross floor area" includes basement floors; attic floor space; halls, closets, and stairwells; space devoted to mechanical equipment; and enclosed porches.

Floor area ratio means the total floor area of the building or buildings by type of residential use divided by the total net residential land area for the type of residential use.

Freight car means a railway car or truck trailer designed for carrying freight.

Frontage means the lineal extent of the lot abutting a street or public roadway or the lineal extent of the lot abutting a public parking area if the lot has no street frontage.

Full perimeter permanent foundation means a below grade formation, or a substructure formation below the tier of beams nearest to grade, consisting of materials such as concrete, mortared concrete block or mortared brick. This formation is used to transmit the loads of a structure to firm substrata extending into the ground below the frost line (at least 30 inches in depth) or to solid rock.

Garage, bus, means any building used, or intended to be used, for the storage of three or more passenger motor buses or motor coaches used in public transportation, including school buses.

Garage, private means an accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicle of the families resident upon the premises.

Garage, public parking, means a public or private structure built for off-street public parking.

Garage, repair, means a service business whose primary function is the repair and service of vehicles or boats.

Garden apartment means a multi-story apartment building, not to exceed four stories, usually grouped around a usable public open space with off-street parking provided on the periphery of the site.

Gasoline service station means a building or premises, or portion thereof, used for the retail sales of gasoline, oil or other fuel, automotive parts, supplies, or accessories for motor vehicles and which may include, as an incidental use only, facilities used for polishing, greasing, washing, or otherwise cleaning or light servicing of motor vehicles, but not including liquefied petroleum gas distribution facilities.

Grading means excavation or fill, or any combination thereof, and includes the conditions resulting from any excavation or fill.

Grandfathered refers to the status of a nonconforming lot, structure, or use that exists on the effective date of the ordinance from which this chapter is derived and is allowed to continue thereafter.

Greenhouse means a glassed enclosure used for the cultivation or protection of young or tender plants.

Home occupation means any part-time or full-time, permanent or semi-permanent business, profession, or occupation conducted for gain entirely within a limited portion of a dwelling in conformity with the provisions of this chapter.

Hospital means an institution devoted, on an around-the-clock basis, to the maintenance and operation of facilities for the diagnosis, treatment, or care of members of the general public suffering from disease, injury, or other abnormal physical conditions.

Hotel means any building or buildings in which the public may, for a consideration, obtain living quarters, sleeping or housekeeping accommodations. The term includes, but is not limited to, inns, motels, tourist homes or courts, lodging houses, rooming houses and apartment houses, retreat centers, conference centers, and hunting lodges.

Immobilize, as applied to a manufactured home, means to remove the wheels, tongue, and hitch.

Improvement refers to site grading, street work and utilities (including water, sewer, electric, gas and stormwater) to be installed by the subdivider on land to be used for public or private streets, and easements or other purposes as are necessary for the general use of lot owners in the subdivision.

Improvement plans means the engineering plans showing types of materials and construction details for the physical structures and facilities to be installed both in, or in conjunction with, the subdivision.

Industrial park means a tract of land, under single ownership, planned as an entire area for industrial and business uses or purposes.

Intersection means the point at which two or more public rights-of-way (generally streets) meet.

Junk means deteriorated, dilapidated, or discarded manufactured goods, appliances, fixtures, furniture, machinery, vehicles, personal property or any other thing, or part thereof, that is in a condition as to be generally unusable or inoperable in its existing state and is stored outdoors. Such articles shall include materials made out of glass, metals, paper, plastics, rags, rubber and wood.

Junkyard means a tract of land, including any accessory structures thereon, that is used for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste or scrap materials. Such scrap materials include vehicles, machinery, and equipment not in operable condition (or parts thereof), and metals, glass, paper, plastics, rags, and rubber tires.

Kennel means any structure or premises, or portion thereof, on which more than three dogs, cats, or other household domestic animals over four months of age are kept.

Kennel, commercial, means any structure or lot upon which domesticated animals are either bred for sale or are kept for periods of time while their owners are away, and money is exchanged for the same. These are areas where there is both inside and outside keeping of domesticated animals within confined areas.

Kennel, farm, means any structure or lot on which not more than four domesticated or farm animals over four months of age are kept.

Kennel, residential, means any structure or lot on which not more than three domesticated animals over four months of age are kept.

Laundries means and includes:

(1)

The term "laundromat," which means a business that provides home-type washing, drying and ironing machines for hire to be used by the customers on the premises.

(2)

The term "commercial industrial laundry," which means a business that provides washing, drying and ironing services operated by the employees on the premises.

Loading space means an off-street parking space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.

Lodginghouse or roominghouse means a building with more than three guest spaces where lodging is provided for compensation pursuant to previous arrangement, but not on a daily, overnight or per meal basis to transient guests.

Lot means a tract of land intended as a unit for the immediate or future purpose of transfer of ownership or development. A lot may or may not coincide with a lot of record.

Lotarea means the area of a horizontal plane bounded by the front, side, and rear lines of a lot.

Lot, corner, means a lot having at least two adjacent sides that abut for their full length upon streets.

Lot coverage means the portion of a lot that is occupied by buildings or structures, including accessory buildings or structures.

Lot depth means the average horizontal distance between the front lot line and the rear lot line of a lot.

Lot line means the surveyed boundaries of a parcel of real property.

Lot line, front, means the lot boundary abutting the street. On a corner lot, the front lot line is the street lot line having the least dimension.

Lot line, rear, means an interior lot line which is most distant from and most nearly parallel to the front lot line.

Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.

Lot of record means an area of land designated as a lot on a plat of subdivision recorded with the county recorder of deeds, in accordance with state law.

Lot size requirement refers to the lot area, width, and depth requirements of the applicable district.

Lot, through, means a lot having a pair of approximately parallel lot lines that abut two approximately parallel streets.

Lot width means the mean horizontal width of a lot measured at right angles to the side lot lines.

Maintenance means the routine upkeep of a structure, premises, or equipment, including the replacement or modification of structural components to the extent necessary to keep the structure in sound condition.

Manufactured dwelling unit means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the Federal Manufacturing, Housing Construction and Safety Standards Act, 42 USC 5403 et seq., effective June 15, 1976, or the International Building Code, and is certified by the state department of public health.

Manufactured home means a movable or portable unit bearing a red metal label on the exterior of the home located near the floor level at the end opposite the normal location of a towing hitch.

Manufactured home, dependent, means a manufactured home which does not have toilet and bath or shower facilities. A dependent manufactured home is considered a recreational vehicle under this chapter.

Manufactured home park means a parcel not less than five acres in area in single ownership/control, developed with facilities for accommodating occupied manufactured homes, in accordance with the requirements of this chapter.

Manufactured home skirting means the covering affixed to the bottom of the exterior walls of a manufactured home to conceal the underside thereof.

Manufactured home space means a portion of a manufactured home park designed and improved for the placement of one manufactured home and the private use of the occupants thereof.

Manufactured home stand means the part of a manufactured home space beneath the manufactured home that includes the concrete slab or runners on which the home is placed and to which it is anchored.

Manufactured or portable marquee means any sign designed to be moved from place-to-place, including, but not limited to, signs attached to wood or metal frames designed to be self-supporting and movable; or paper, cardboard, or canvas signs wrapped around supporting poles.

Manufactured structures means those units defined as manufactured homes in the Illinois Modular Dwelling and Mobile Structure Safety Act, 430 ILCS 115/1 et seq. The term "manufactured structures" includes units designed for housing more than one family, commercial units, industrial units and educational units. The term "manufactured structures" does not include single-family units constructed in accordance with the Federal Manufactured Home Construction and Safety Standard, 42 USC 5401 et seq.

Marquee means a permanent canopy, usually of metal or glass, projecting from a wall of a building, but not supported by the ground or sidewalk, over an entrance to a commercial establishment, such as the entrance to a hotel or theater.

Materially, as applied to the impact of one thing on another, means significantly or substantially.

Message means a visual communication of identification or advertising information through words, abbreviations, geometric shapes, numbers, pictures, signals or symbols, etc.

Modular building unit means a factory-fabricated, transportable building unit designed to be incorporated at a building site on a permanent foundation into a structure to be used for residential, commercial, or industrial purposes.

Motel ormotor hotel means a series of attached, semi-attached or detached sleeping or living units for the accommodation of transient guests and not customarily including individual cooking or kitchen facilities, the units having convenient access to off-street parking spaces for the exclusive use of the guests or occupants.

Motor freight terminals means a building in which freight, brought to the building by motor truck, is assembled and sorted for routing in intrastate and interstate shipment by motor truck.

National Register of Historic Places means the authoritative guide to be used by federal, state, and local governments, private groups, and citizens to identify the nation's cultural resources and to indicate what properties should be considered for protection from demolition, destruction, or inappropriate alterations. Listing in the National Register also provides limited protection through federal and state resource protection programs.

Net residential land area means total residential land area less all public and private rights-of-way and other nonresidential uses.

Noisome and injurious substances means and includes:

(1)

The creation of unreasonable physical hazard by fire, explosion, radiation or other cause to persons or property;

(2)

The discharge of any liquid or solid waste into any stream or body of water or into any public or private disposal system or into the ground, so as to contaminate any water supply, including an underground water supply;

(3)

The maintenance or storage of any material, either indoors or outdoors, so as to cause or to facilitate the breeding of vermin;

(4)

The emission of smoke, measured at the point of emission which constitutes an unreasonable hazard to the health, safety or welfare of any persons;

(5)

Fly ash or dust which can cause damage to the health of persons, animals or plant life or to other forms of property or excessive solids, measured at or beyond the property line of the premises on which fly ash or dust is created or caused;

(6)

The creation or causation of any unreasonable offensive odors discernible at or beyond any property line of the premises on which the odor is created or caused;

(7)

The creation or maintenance of any unreasonable reflection or direct glare by any process, lighting or reflection material at or beyond any property line of the premises on which the reflection or direct glare is created or caused;

(8)

The creation or maintenance of any unreasonable distracting or objectionable vibration or electrical disturbances discernible at or beyond any property line of the premises on which the vibration or electrical disturbance is created or maintained.

Nonconforming, as applied to a lot, sign, structure, or use, means lawfully existing on the effective date of the ordinance from which this chapter is derived, but not in compliance with the applicable provisions thereof.

Nuisance means any thing, condition, or conduct that endangers health, unreasonably offends the senses, obstructs the free use and comfortable enjoyment of property, or essentially interferes with the comfortable enjoyment of life.

Nursery means a tract of land on which trees, shrubs, and other plants are raised for transplanting or sale, and including any structure in which the activities are conducted.

Nursery school. See Daycare center.

Nursing home means a licensed public or private home or institute which provides maintenance, personal care, and nursing for three or more persons who, by reason of physical illness or infirmity, are incapable of maintaining a private, independent residence.

Obstruction means any dam, wall, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, bridge conduit, culvert, building, wire, fence, rock gravel, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

Occupancy permit means a permit issued by the building and zoning official indicating that, after inspection, a lot or newly completed structure complies with all pertinent requirements of this chapter and may, therefore, be occupied or used.

Office, professional, means an office (other than a service office and other than an office for care or treatment of, or medical attention to, animals, as distinguished from persons) for the practice of professionals, such as the office of urban planners, physicians, dentists, attorneys-at-law, architects, engineers, artists, musicians, teachers, accountants and others who, through training, are qualified to perform services of a professional nature, or the offices of a governmental agency, and where there is no storage, sale or display of merchandise on the premises.

Office, service, means an office in which are offered services by real estate agents, insurance agents, public stenographers, brokers, or others who, through training, are duly qualified to perform services of an executive nature (as distinguished from a professional office) and where there is no storage, sale or display of merchandise on the premises.

Parking lot, off-street, means land that is improved in accordance with this chapter and used primarily for the storage of passenger motor vehicles free of charge or for compensation. An off-street parking area, depending on the circumstances of its use, may be either a principal use or an accessory use. A driveway is not a parking lot.

Parking space, off-street, means an area at least 20 feet long and ten feet wide within an off-street parking area or garage, used for the storage of one passenger motor vehicle.

Permitted use means any use that is or may be lawfully established in a particular district, provided that it conforms with all the requirements applicable to the districts.

Pet means a domesticated animal kept for pleasure, rather than utility or sale.

Planned development project means a residential, commercial or industrial development of a parcel of land in single ownership. Examples include residential subdivisions, manufactured home parks, strip and shopping malls, professional offices, and industrial parks.

Planned unit development (PUD) means a unified development, the density of which is calculated on a project basis rather than on a lot basis, within which there may be a variety of mixed uses, which will provide amenities not otherwise required by law, including, but not limited to, provisions for common open space, recreational facilities, or specific design, engineering, architectural, site planning or landscaping features, with some or all of the buildings intended for immediate or future use.

Plat, final, means the final engineering and architectural detail maps, drawings, and supportive material on which the developer's plan of the project area is presented, and, if approved, will be submitted to the county recorder of deeds for recording.

Plat, preliminary, means preliminary engineering and architectural maps, drawings, charts, and supportive material indicating the proposed layout of the project area.

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

Premises means any lot and all the structures and uses thereon.

Primary highway means any highway, other than an interstate highway, designated by the state department of transportation and approved by the federal department of transportation as a part of the federal-aid primary system on July 1, 1972, or thereafter.

Principal structure or use means the main structure erected on or the main use occupying a lot, as distinguished from an accessory (subordinate) structure or use.

Private street means any street providing access to abutting property that is not maintained by and dedicated to a local governmental unit.

Property line means the surveyed lines demarking the boundaries of real property.

Public open space means any area indicated on the zoning map as "PS," such as a public park, recreation area, public school site, cemetery or other similar open space.

Public utilities means utilities that are either government-owned or owned by an established firm serving a wide geographical area or a substantial number of persons.

Qualified manufactured dwelling unit means a dwelling unit, as defined in this section, which is a new or demonstration unit, has the permanent towing equipment (wheels and tongue) removed, and meets all the other requirements specifically mentioned in the definition of the term "site-built dwellings/buildings".

Reconstruct, as applied to nonconforming structures, means to rebuild after damage or destruction.

Recreational vehicle means a vehicle for noncommercial, recreational use, including a motor home (Class A, B and C), travel trailer, camper shell, cab-over camper, fifth wheel, horse trailer, or trailers mounted with recreational vehicles, such as a watercraft or off-road vehicles.

Recreational vehicle park means a lot developed with facilities to support the temporary parking of recreational vehicles for less than 30 days.

Refuse means garbage (food wastes) and trash, but not sewage or industrial wastes.

Regional pollution control facility includes any waste storage site, sanitary landfill, waste disposal site, waste transportation, waste incinerator, or treatment facility that serves more than one municipality.

Relocate means to move to another portion of a lot or to a different lot.

Renovate means to restore and renew a building or structure to a former, better state.

Repair means to restore to sound condition, but not to reconstruct.

Replace means to substitute building materials or structures thereon.

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

Residential district means any street, alleyway, drive, lot, or any other tract or parcel of land, whether publicly or privately owned, within the city which is in an area zoned as a residential district.

Retail refers to the sale of goods or services directly to the consumer, rather than to another business.

Right-of-way, public, means a strip of land which the owner or subdivider has dedicated to the city or to another unit of government for streets and alleys.

Roofline means a horizontal line parallel to the average ground level of a building along the front thereof, which line delineates the highest point of a flat roof; or where the flat surface area of a gable, hip, mansard, or gambrel roof is in view from the ground level, the line of demarcation between the flat surface and the vertically structured facade; or the line along the front of a building delimiting the roofline between eaves and ridge for gable, hip, and gambrel roofs.

Row house means three or more attached dwelling units designed for occupancy by one family, each on its own plot of ground and joined to one (end unit) or two other dwellings by fire walls which comply with standards specified in the city's adopted building code. Each dwelling unit shall occupy the internal space from the ground to the roof.

Screening means trees, shrubs, walls, solid fences, etc., used as a means of visual and noise control.

Service station means a building and premises, or portion thereof, designed and used for the retail sale of gasoline or other automotive fuel, oil, and automotive parts, supplies, and accessories. A service station may include facilities for washing vehicles and for making minor automotive repairs.

Service use or establishment means any use or establishment provided for remuneration either to individuals or to other firms.

Setback means the horizontal distance from the lot line in question to the side of the structure facing that lot line or to the edge of the area of operation of the principal use (in the case of a use which does not involve a structure).

Shopping center means an enclosed building or group of buildings under single ownership or control occupied by two or more establishments that provide common off-street parking facilities.

Short-term rental means any habitable structure for which a rental contract for occupancy has been made for a term of 30 days or less, and for which a special use permit has been issued by the City of Lebanon permitting the short-term rental to operate, pursuant to a current and valid permit on file with the City of Lebanon.

Sign means any object, device, display, or structure, or part thereof, used to advertise, identify, display or attract attention to a person, establishment, product, service, or event by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, etc. The term "sign" includes, but is not limited to, every projection sign, freestanding sign, window sign, awning, canopy, marquee sign, changeable copy sign, illuminated sign, moving sign, temporary sign, portable sign, pennants, banners, streamers or any other attention-getting device or other display, whether affixed to a building or erected elsewhere on the premises. The term "sign" excludes features of a building which are an integral part of the building's design (e.g., the castle-look of a White Castle restaurant).

Sign area means the entire area within a single continuous perimeter enclosing the extreme limits of the message and the background thereof, calculated in accordance with the provisions of this chapter.

Sign areaallowance means the maximum total sign area of all signs that an establishment is permitted to display.

Sign, canopy or marquee, means any sign affixed to, painted on, or suspended from an awning, canopy, marquee or similar overhang.

Sign, combination, means a sign incorporating any combination of the features of freestanding, projecting, or roof signs.

Sign, flush-mounted, means any sign attached to or erected against a wall of a structure with the exposed face of the sign in a plane approximately parallel to the plane of the wall and not projecting more than 18 inches. A flush-mounted sign displays only messages associated with the building to which the sign is attached.

Sign, freestanding, means any sign supported by one or more uprights, poles, or braces placed in or upon the ground, or any sign supported by any structure erected primarily for the display and support of the sign, provided that a freestanding sign displays only messages associated with the premises on which the sign is situated.

Sign, projecting, means any sign which is suspended from or supported by a wall, awning, canopy, marquee or similar structure which is approximately perpendicular thereto. A projecting sign displays only messages associated with the structure to which it is attached.

Sign, real estate, means a sign indicating the availability for sale, rent, or lease of a specific lot or building upon which the sign is erected or displayed.

Sign, roof-mounted, means any sign erected or maintained on a roof of any building.

Sign, shopping centeridentification, means any sign identifying a building or group of buildings under single ownership or control that provides common off-street parking facilities and is occupied by two or more retail sales establishments.

Sign, subdivision, means a sign advertising the general development, sale, or subdivision tract of land and displayed or erected upon the subject property, as distinguished from a real estate sign.

Sign, window, means any sign visible from the exterior of a building or structure which is painted directly on the surface of a window or affixed to or suspended immediately behind the window for the purpose of informing the passersby of the identity of the proprietor or business, or of the product or service which can be obtained on the premises.

Site means 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 dwelling unit means a permanent structure, placed on a permanent foundation, having one or more rooms with provisions for living, sanitary, and sleeping facilities, arranged for the use of one or more individuals. These dwellings shall include site-built and qualified manufactured dwellings and buildings. Such a dwelling or building may involve the use of individual prefabricated structural units (such as a beam, girder, plank, strut, column, or truss). The term "site-built dwelling unit" includes dwellings and buildings designed and intended for use as a dwelling, business, educational, or industrial use occupancy.

Site plan means maps, charts, drawings, architectural renderings, photographs and other visual media showing proposed development of physical facilities to be constructed within planned development and PUD projects.

Slope means the degree of natural inclination of the existing ground.

Slope, steep, means 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.

Special use means uses that may have a unique, special or unusual impact upon the use or enjoyment of neighboring property. In the city, special uses include planned development projects, PUDs, shopping centers, industrial parks, apartment complexes and manufactured home parks.

Special use permit means permission granted to an applicant by the city council to establish a special use in a given zone district.

Stable means a structure, situated on the same lot as a dwelling, and designed or used for housing horses for the private use of occupants of the dwelling, but not for hire.

Stable, riding, means any building, other than a private stable, designed, arranged, used or intended to be used for the storage of horses and horse-drawn livery, or both.

Stop order means a type of corrective action order used by the building and zoning official to halt work in progress that is in violation of this Code.

Street means a public or private way for vehicular travel. The term "street" includes all facilities which normally occur within the right-of-way and other street designations, such as highway, thoroughfare, parkway, through way, road, pike, avenue, boulevard, lane, place, drive, court, or as otherwise designated. The term "street" does not include alleys or public ways for pedestrian use only.

Street, area service highway. Area service highways interconnect collectors and land access streets with the principal system and vice versa, bring all developed areas within a reasonable distance of principal streets, connect and provide communities, may provide access to abutting property, and have a medium volume design capacity and travel speeds.

Street, butt or stub, means a street that is temporarily terminated, but is planned for future continuation.

Street, collector, means streets which interconnect the principal street system with land access streets; provide internal circulation with residential, commercial, and industrial areas; provide access to abutting properties; and have a moderate volume design capacity and travel speeds.

Street, cul-de-sac, means a short, land access street, having only one end open for vehicular traffic, and the other permanently terminated by a turn-around for vehicles.

Street, dead end, means land access streets similar to cul-de-sacs, except that they provide no turn-around circle at their closed end.

Street, land access, means streets which provide access to abutting properties, have a relatively short travel distance, and have a low volume design capacity and travel speeds.

Street, looped, means land access streets having two open ends, each end generally connected with the same street, no other streets intersecting between its ends, and property fronts on both sides of the street.

Street, marginal access orservice road, means a land access street parallel and adjacent to area service highways providing access to abutting properties.

Structure means 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, but not including poles, lines, cables, and other transmissions.

Subdivision, land, means the division of land into more lots and parcels in accordance with the Plats Act, 765 ILCS 205.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started, or the structure has been damaged and is being restored before the damage occurred. The term "substantial improvement" does not, however, include:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions; or

(2)

Any alteration of a structure or site documented as deserving preservation by the state department of conservation or listed on the National Register of Historic Places.

Tavern or lounge means a building where liquors are sold to be consumed on the premises, but not including restaurants, where the principal business is serving food.

Temporary housing means housing on the same lot while the owner is building a permanent dwelling on the lot or tract. The term "temporary housing" may also refer to housing for occupancy by a family member to serve as custodian providing continuing care to the lot owner or resident.

Temporary structure means a temporary structure used for shelter, security, or a function during a temporary event or for a temporary use permitted by the city council.

Temporary use means an event, enterprise, or structure used in the city for a limited time. The term "temporary uses" includes, but is not limited to, arts and crafts shows, carnivals and circuses, Christmas tree sales, for construction activities, emergency and temporary housing, Halloween haunted houses, live entertainment events, parades and marches, street fairs and festivals, and swap meets.

Topography means the relief features or surface configuration of an area.

Tower means an exceptionally tall building or superstructure that is used for either residential or business-related purposes; or an exceptionally tall structure that is used to place equipment used in the transmission of images or sound.

Towing or wrecker service means a person engaged in the business or offering the services of a vehicle wrecker or towing service, whereby disabled motor vehicles are towed or otherwise removed from the place where they are disabled by use of a wrecker so designed for that purpose or by a truck, automobile, or other vehicle so adapted to that purpose, or in the business of storing disabled motor vehicles that have been towed to the place of business for short-term storage not to exceed 180 days. A towing or wrecker service business is not to be operated as a junkyard as defined in the City Code. Operations shall be conducted within completely enclosed walls or fences (whether solid or chain-link), including gates, and shall shield from view the operations taking place at the towing or wrecker service business. This use supersedes prohibited uses where there are apparent conflicts in the code.

Townhouse means three or more attached dwelling units designed for occupancy by one family, each on its own plot of ground and joined to one (end unit).

Travel trailer. See Recreational vehicle.

Travel trailer park. See Recreational vehicle park.

Unified control means the combination of two or more tracts of land where each owner has agreed that his tract of land shall be developed as a part of a PUD which is subject to the PUD regulations of this chapter.

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

Utility permit, temporary, means a 30-day permit allowing for utility connection only (not occupancy) of a structure while it is under alteration, renovation, or remodeling.

Utility substation means a secondary utility facility, such as an electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, etc.

Utility trailer means a trailer not defined as a recreational vehicle that has an axle and a frame that can be used to haul any type of material or equipment.

Vacant, as applied to a lot, means that no structure is situated thereon.

Variance means a relaxation of the strict application of the regulations of this chapter related to the use, lot size, setbacks, or other bulk requirements applicable to a particular lot or structure that would otherwise cause practical difficulty and particular hardship if complied with.

Wall means an obscuring barrier or enclosure that partly or completely surrounds a zoning lot to prevent escape or intrusion or marks boundaries and the vertical surface of which is closed, thus preventing the passage of light, air, or vision in a horizontal plane and which may be constructed of brick, concrete, masonry, metal or similar materials.

Wholesale refers to the sale of goods or services by one business to another business.

Yard means open space that is unobstructed, except as specifically permitted in this chapter, and that is located on the same lot as the principal building.

Yard, front, means a yard which is bounded by the side lot lines, front lot lines, and the building line.

Yard, rear, means a yard which is bounded by side lot lines, rear lot lines, and the rear yard line.

Yard, side, means a yard which is bounded by the rear yard line, front yard line, side yard line, and side lot line.

Yard line means a line in a lot that is parallel to the lot line along which the yard in question extends and which is not nearer to such lot line at any point than the required depth or width of the yard.

Zoning compliance permit means a permit issued by the building and zoning official indicating a proposed lot, structure, or use is in conformity with the requirements of this chapter and may, therefore, proceed.

Zoning map means the maps, and any amendments thereto, designating zoning districts and incorporated into this chapter by reference.

(Code 1974, § 36-2; Ord. No. 1151, § 2-2, 7-25-2005; Ord. No. 1233, § 1, 10-26-2009; Ord. No. 1272, § 1, 8-8-2011; Ord. No. 1407, § 2, 8-14-2017; Ord. No. 1519, § 4, 4-11-2022; Ord. No. 1541, § 2, 3-27-2023; Ord. No. 1544, § 11, 4-10-2023)

(a)

Within corporate limits. This chapter shall be applicable within the corporate limits of the city.

(b)

Outside corporate limits. The county has enacted a county zoning ordinance pursuant to 55 ILCS 5/5-12001 which is controlling in the unincorporated territory within 1½ miles of the city limits. Consequently, if proper application is made to the county for interpretation of the county zoning administrator, or for a variance, special use permit, text or map amendment, similar proceedings need not be initiated with the city. However, in such cases, the city is entitled to notice from the county.

(Code 1974, § 36-3; Ord. No. 1151, § 1-2, 7-25-2005)

The city adopts the International Zoning Code, 2006 Edition, published by the International Code Council, to the extent applicable within the city, as though fully set forth in this section, subject to any amendments of the adopted code included in this chapter.

Every provision of this chapter shall be construed liberally in favor of the city, and every requirement imposed in this chapter shall be deemed minimal. When the requirements of this chapter differ from the requirements of any other lawfully adopted and effective ordinance, regulation, deed, restriction, or covenant, the more stringent requirement shall prevail.

(Code 1974, § 36-4; Ord. No. 1151, § 1-3, 7-25-2005)

(a)

Except as may be provided otherwise by statute or ordinance, no official, board member, agent, or employee of the city shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter.

(b)

Any suit brought against any official, board member, agent, or employee of the city, as a result of any act required or permitted in the discharge of his duties under this chapter, shall be defended by the city attorney until the final determination of the legal proceedings.

(Code 1974, § 36-5; Ord. No. 1151, § 1-4, 7-25-2005)

All distances shall be measured to the nearest integral foot.

(Code 1974, § 36-6; Ord. No. 1151, § 2-1, 7-25-2005)

All fees associated with this chapter shall be established from time to time by the city council and the amounts thereof shall be as provided in the city fee schedule.

(Code 1974, § 36-7; Ord. No. 1151, § 10-12, 7-25-2005)

Ord. No. 1077, regarding land subdivision, Ord. No. 1078, regarding stormwater control, and Ord. No. 1079, regarding soil erosion and sediment control, all dated August 2001, are omitted from this codification, but shall continue in full force and effect until repealed by the city. Copies of these ordinances are on file in the office of the city clerk.