This chapter is adopted to protect and to promote the public health, safety, morals, peace, comfort, convenience, prosperity and general welfare. More specifically, this chapter is adopted in order to achieve the following objectives:

(1)

To implement the policies and proposals of the city area comprehensive plan adopted by the city council.

(2)

To divide the city into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residential, commercial, industrial and other specified uses, thereby providing a framework upon which the community can develop in a very orderly manner.

(3)

To prohibit uses, buildings, or structures incompatible with the character of development or intended uses within specified zoning districts.

(4)

To prevent additions to or alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed under this chapter.

(5)

To prevent the overcrowding of land and undue construction of structures so far as possible and appropriate in each district by regulating the use and bulk of buildings in relation to land surrounding them.

(6)

To promote the public health, safety, morals, comfort, peace and general welfare of the people by the regulation of land uses as appropriately deemed necessary to limit congestion on the public streets and traffic and pedestrian conflicts.

(7)

To minimize bodily harm to the person and damage to personal property or chattels by fire, explosion, toxic fumes and other hazards.

(8)

To apply the zoning district in such a manner as to stabilize established residential, commercial, or industrial areas thereby preventing intrusion of incompatible or nuisance uses and encouraging the reconstruction of and the rehabilitation of areas by property owners with uses permitted within the district.

(Ord. No. 795, § 100, 5-13-74; Ord. No. 2987-03, § 1, 4-28-03)

This chapter shall consist of a zoning map designating certain districts and a set of regulations controlling the uses of land; the density of population; the uses and locations of structures; the height and bulk of structures; the open spaces about structures; the appearance of certain uses and structures; the areas and dimensions of sites; and the location, size and illumination of signs and requiring the provision of usable open space, screening and landscaping, and off-street parking and off-street loading facilities.

(Ord. No. 795, § 101, 5-13-74)

(a)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements. No provision of this chapter is intended to repeal, abrogate, annul, impair or interfere with any existing ordinance of the city, except as is specifically repealed in this chapter, provided that where this chapter imposes a greater restriction on the use of land or structures or the height or bulk of structures, or requires greater open spaces about structures, or greater areas or dimensions of sites than is imposed or required by an existing ordinance, this chapter shall control.

(b)

This chapter is not intended to abrogate, annul, impair or interfere with any easement, or other agreement between parties, provided that where this chapter imposes a greater restriction on the use of land or structures or greater areas or dimensions of sites than is imposed or required by deed restriction, covenant, easement or other agreement, this chapter shall control.

(Ord. No. 795, § 102, 5-13-74)

This chapter shall apply to all property except railroad rights-of-way, underground utility lines and facilities, telephone cable and supporting poles, and electric distribution lines excluding transmission lines, whether owned by private persons, firms, corporations, or organizations; by the United States of America or any of its agencies; by the state or any of its agencies or political subdivisions; by any city or county, including this city or any of its agencies; or by any authority or district organized under the laws of the state.

(Ord. No. 795, § 103, 5-13-74)

In order to carry out the purposes of this chapter, the following districts are established:

(Ord. No. 795, § 104, 5-13-74)

Whenever any uncertainty exists as to the boundary of a district as shown on the zoning map, the following regulations shall control:

(1)

Where a boundary line is indicated as following a street, alley or watercourse, it shall be construed as following the centerline thereof.

(2)

Where a boundary line follows or coincides approximately with a lot line or property ownership line, it shall be construed as following the lot line or property ownership line.

(3)

Where a boundary line is not indicated as following a street or alley and does not follow or coincide approximately with a lot line or property ownership line, the boundary line shall be determined by the use of the scale designated on the zoning map.

(4)

Where further uncertainty exists, the zoning board of appeals, upon written application or on its own motion, shall determine the location of the boundary in question, giving due consideration to the location indicated on the zoning map and the objectives of this chapter and the purposes set forth in the district regulations.

(Ord. No. 795, § 105, 5-13-74)

(a)

No site or structure shall be used or designated for use for any purpose or in any manner other than in conformity with the regulations for the district in which the site or structure is located.

(b)

No structure shall be erected and no existing structure or use shall be moved, altered, or enlarged except in conformity with the regulations for the district in which the structure or use is located.

(c)

No yard space provided in compliance with the regulations for the district in which it is located shall be deemed to provide a yard space for any other structure, and no yard or usable open space on one site shall be deemed to provide a yard space or usable open space for a structure on any other site.

(d)

No yard, court, or usable open space shall be used, encroached upon, or reduced in any manner except in conformity with the regulations for the district in which the yard, court or open space is located.

(e)

No site held in one ownership as of May 13, 1974, or any time thereafter shall be reduced in any manner below the minimum area, frontage, width or depth prescribed for the district in which the site is located.

(f)

All nonconforming uses shall be governed by the provisions of division 2 of article II of this chapter.

(Ord. No. 795, § 106, 5-13-74)

It is hereby declared to be the intention of the city that the provisions of this chapter are separable in accordance with the following:

(1)

If any court of competent jurisdiction shall declare any provision of this chapter to be invalid, such ruling shall not affect any other provision of this chapter not specifically included in the ruling.

(2)

If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter to a particular property, building or other structure, such ruling shall not affect the application of such provision to any other property, building or structure not specifically included in the ruling.

(Ord. No. 795, § 1700, 5-13-74)

(a)

For the purposes of this chapter, certain words and terms used in this chapter are defined as follows:

All words in the present tense shall include the future tense. All words in the singular number shall include the plural number, and all words in the plural number shall include the singular number, unless the natural construction of the wording indicates otherwise; the word "shall" is mandatory and not discretionary.

Abandonment means a voluntary action to give up one's rights or interests in property.

Accessory building and/or accessory structure means one which:

(1)

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

(2)

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

(3)

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

(4)

Is located on the same zoning lot as the principal building or principal use served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

Accessory use means and includes, and is limited to the following:

(1)

A child's playhouse, garden house and private greenhouse.

(2)

A garage, carport, shed, building, storage pods, modified or unmodified shipping container, or any temporary structure used for domestic or commercial storage.

(3)

Incinerators incidental to residential use.

(4)

Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations.

(5)

Storage of goods used in or produced by manufacturing activities, unless such storage is excluded by the district regulations.

(6)

A nonpaying guesthouse or rooms for guests with an accessory building, provided such facilities are used for the occasional housing of guests of the occupant of the principal building and not for permanent occupancy.

(7)

Servants' quarters comprising part of an accessory garage and solely for occupancy by a servant or household employee (and his/her family) of the occupants of the principal dwelling.

(8)

Swimming pool, private, for use by the occupant and his/her guests.

(9)

Off-street motorcar parking areas, and loading and unloading facilities.

(10)

Signs, other than advertising signs, as permitted and regulated in each district incorporated in this chapter.

(11)

Public utilities facilities: Telephone, electric, gas, water and sewer lines, their supports and incidental equipment.

Adult cabaret means any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:

(1)

Persons who appear nude or semi-nude;

(2)

Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

(3)

Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

Adult-use cannabis business establishment means a cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

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

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

Adult-use cannabis dispensing organization means a facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Adult use cannabis dispensing center does not include medical cannabis dispensing centers (medical cannabis dispensary} as defined.

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

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

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

Advertising device means an advertising sign, billboard, or poster panel which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such advertising device is located or to which it is affixed, but does not include those advertising signs, billboards, or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.

Alley means a public way, used as a secondary means for vehicular access to the rear or side of properties otherwise abutting on a street.

Apartment means a room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.

Arterial street means a public street designed to provide primary access to and through an area carrying large amounts of through traffic and normally controlled by traffic signs, signals, and/or limited access.

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 minor parts and motor service to automobiles, but not including any operation specified under the definition of Automobile repair, major.

Automobile service station means a place where gasoline, stored only in underground tanks, kerosene, lubricating oil, or grease, for operation of automobiles, are offered for sale directly to the public, on the premises, and including minor accessories and the servicing of automobiles; but not including major automobile repairs; and including washing of automobiles where no chain conveyor, blower or steam-cleaning device is employed. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of an automobile service station, the premises shall be classified as a public garage. Automobile service stations shall not include sale or storage of automobiles or trailers, new or used.

Automobile wrecking yard means any place where motor 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 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 condition; and including the commercial salvaging of any other goods, articles, or merchandise.

Automobiles and trailer sales area means an open area, other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done except for minor incidental repair of automobiles or trailers to be displayed and sold on the premises.

Basement means a portion of a building or structure partly underground designed for human occupancy. A basement shall be counted as a story for purposes of height measurement.

Best management practices, stormwater management means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. Best management practices also include treatment requirements, operating procedures, and practices to control runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Also referred to as "BMPs."

Block means a tract of land bounded by streets, or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines of waterways or corporate boundary lines of municipalities.

Boardinghouse means a building other than a hotel or restaurant where meals are provided for compensation to not more than four guests who are not members of the keeper's family.

Boulevard means a street with a landscaped median, generally serving as an arterial or collector street.

Brick material means brick material that is used for masonry construction shall meet the following guidelines: be hard fired (kiln fired) clay, calcium silicate (sand/lime), shale or slate material which meets the latest version of ASTM standard C216, Standard Specification for Facing Brick (Slid Masonry Unit Made of Clay of Shale), and shall be Severe Weather (SW) grade, and Type FBA or FBS or better. No unfired or under fired brick shall be permitted.

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

Building means any structure having a roof supported by columns or walls for the sheltering or enclosure of persons, animals, chattels or property of any kind. Any structures with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers and other similar structures, are not considered as buildings.

Building elevation means an architectural plan drawn to a recognized scale showing the dimensions, materials, colors, and attachments on all exterior walls of a proposed building.

Building height means the vertical distance measured from the grade to the roof of the structure exclusive of architectural appurtenances.

Building setback line means a line parallel to the street line at a distance from it, regulated by the setback requirements set up in this chapter.

Bulk means the size and setbacks of buildings or structures, and location of same with respect to one another and includes the following:

(1)

Size and height of buildings;

(2)

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

(3)

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

(4)

All open space uses allocated to the buildings;

(5)

Amount of lot area per dwelling unit; and

(6)

Required parking areas.

Child care facility means any facility designed for the care of preschool or school-age children which meets the requirements and criteria for licensing set forth in the various standards for such facilities issued by the state department of children and family services.

Clinic, medical or dental means a building or complex in which an organization of physicians or dentists, or both, work cooperatively and have their offices in a common building. A clinic shall not include inpatient care.

Club or lodge, private means a non-profit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises, provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals, though such beverages may be served in a separate room, and provided that such sale of alcoholic beverages is in compliance with the applicable federal, state and city laws. This definition does not include those types of clubs that are further defined under the definition of "swingers' club."

Collector street means a public street designed to disperse traffic in an area, collect traffic from minor streets, and carry moderate amounts of traffic with or without access controls.

Commercial establishment means any place where admission, services, performances, or products are provided for or upon payment of any form of consideration.

Commercial or business use means a commercial or business use shall include any of the uses as permitted by the commercial district; however, any building primarily used for any of the enumerated uses may not have more than 40 percent of the floor area devoted to storage or purposes incidental to such primary use.

Comprehensive plan means the plan for the physical development of the city, adopted by the city pursuant to Illinois Statutes, including proposals for future land use, transportation, urban redevelopment and public facilities.

Concrete masonry units means concrete masonry units used for masonry construction shall meet the latest version of the following applicable specifications; ASTM C90, Standard Specification for Loadbearing Concrete Masonry Units (hollow and solid); ASTM C129, Standard Specification for Nonloadbearing Units (hollow and solid). Concrete masonry units shall have an indented, hammered, split face finish or other similar architectural finish, integrally colored, subject to approval by city community development department. Concrete masonry units shall be prohibited in any residential building or structure as an exterior finish.

Concrete panel construction means concrete panel construction used for masonry construction shall be concrete finish, pre-cast panel or tilt wall construction, fluted, or exposed aggregate. Other architectural concrete finishes that incorporate the use of striping, accenting, trim, cornices, fenestration, banding or any concrete finish architectural techniques used to create aesthetic appeal that are comparable to the aforementioned, will be subject to approval by the city community development department. Concrete panel construction shall be prohibited for use in any residential building or structure as an exterior finish.

Curb bulb-out means an extension of a curb and sidewalk into the roadway used to decrease the length of a pedestrian crossing.

Density means a term used to describe the number of dwelling units per acre of land within a development, but not necessarily the size of individual lots.

District means an area or section of the city within which certain uniform regulations and requirements of various combinations thereof apply under the provisions of this chapter.

Drive-in restaurant means any establishment where food, frozen dessert, and/or beverages are sold to customers for consumption in an automobile parked upon the premises.

Drive-in type use means sales or service use which offers goods or services to customers waiting in parked vehicles, such as, but not limited to, drive-in restaurants, drive-in banks, and automated car washes. Such uses have a tendency to create numerous vehicular conflict points thereby increasing potential traffic hazards. This chapter specifically defines such uses with the intent of limiting their location to areas with adequate road accessibility and with a minimum of traffic conflict.

Driveway means a solid impervious surface used for direct access from a public street, alley, or thoroughfare, which connects to a garage, attached or detached, for private off-street parking. Where no garage or other structure for off-street parking exists, the driveway shall be the area where primary access is provided onto the property for off-street parking.

Driveway—Auxiliary parking pad means a subordinate, secondary off-street parking area that connects to an existing driveway, which does not lead to an existing dwelling, garage, or other building structure used for private off-street parking.

Driveway—(gravel, dirt, and aggregate) shall mean driveways that existed prior to Ordinance 795, adopted May 18, 1981. The nonconforming driveway areas are used for direct access from a public street, alley, or thoroughfare, which provides private off-street parking. Nonconforming driveways shall be maintained free from weeds and grass, and no expansion shall be permitted. Unauthorized expansions shall require removal of the expansion, and loss of the nonconforming status.

Dwelling means a building, or portion thereof, but not including a house trailer, mobile home, or camp car designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units, and multiple-family dwelling units, but not including hotels, motels, boardinghouses or lodginghouses.

Dwelling, attached means a dwelling which is joined to another dwelling at one or more sides by a party wall.

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

Dwelling, multiple-family means a building, or portion thereof, designed or altered for occupancy by three or more families living independently of each other with separate kitchen facilities.

Dwelling, one-family means a dwelling unit designed exclusively for use and occupancy by one family.

Dwelling, townhouse means an attached dwelling consisting of three or more dwelling units, each for occupancy by one family living independently of any other with separate kitchen facilities, where the dwelling units are attached horizontally in a linear arrangement and having a totally exposed front and rear wall to be used for access, light, and ventilation. Also referred to as a "row dwelling."

Dwelling, two-family means a building designed or altered to provide dwelling units for occupancy by two families living independently of each other with separate kitchen facilities.

Dwelling unit means one or more rooms which are arranged, designed or used as living quarters for one family only. Complete single kitchen facilities, bathroom facilities and sleeping facilities shall always be included for each dwelling unit.

Educational institution means public, parochial, charitable, or nonprofit junior college, college, or university, other than trade or business schools, including instructional uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers, and employees.

Elderly housing unit means a dwelling unit designed specifically for the elderly which qualifies under title II, section 231 of the U.S. Housing Act of 1937, as amended.

Environmental corridor means a generally linear network of environmentally sensitive lands, typically (but not always) focused along waterways and drainageways and typically (but not always) including wetlands, floodplains, and/or steep slopes. Environmental corridors have high environmental, ecological, passive recreational, stormwater management, groundwater protection and recharge, wildlife habitat, and scenic value; and severe limitations for building development.

Escort means a person who for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

Facade means the face or front of a building or portion of a building adjacent to a public street.

Family means a single housekeeping unit in which the composition and number of persons shall be consistent with prevailing community standards of a family, which generally consists of persons who are related by blood, marriage, adoption or as foster children as in the R1 zoning district.

Fast service; carryout restaurants means fast service carryout restaurants are distinguishable from normal cafes and restaurants by the fact that the food is served in cafeteria line style in disposable containers. The speedy vehicular conflict points and resultant increases in traffic hazard conditions, especially in areas where the immediate roads cannot provide adequate accessibility. This chapter specifically defines such uses with the intent of limiting their location to areas with adequate road accessibility and with a minimum of traffic conflict.

Fence, solid means a fence, including solid entrance and exit gates, which effectively conceals from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it.

Floodway means all land along the Rock River subject to inundation, all lands within 150 feet of any drainageway that drains 500 acres or more, and in addition thereto, all land less than five feet above the thalweg of any such drainageway, all shown on the official floodway map of the city.

Floor area, gross, means, for the purpose of determining requirements for off-street parking and off-street loading, the floor area shall mean the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space, such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area for purposes of measurement for off-street parking spaces shall not include: floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space, or basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

General development plan (GDP) means a conceptual site plan for neighborhood development plan, which indicates existing and proposed major public streets, private drives, and paths; different land use areas by proposed type and density; and proposed recreational, open space, and generalized stormwater management areas and facilities.

Glass walls means an exterior wall which carries no structural loads, and which may consist of the combination of metal, glass, or other surfacing material supported in a metal framework. Shall include glass curtain walls or glass block construction. Glass wall construction shall be prohibited in any residential building or structure as an exterior finish.

Gross land area means the total land area located within a single lot or development, including land within all easements; parks, rights-of-way, and other lands to be dedicated to the public; and environmentally constrained land such as floodplains and wetlands.

Guesthouse means living quarters within a detached accessory building located on the same premises with the principal building, for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities nor to rented or otherwise used as a separate dwelling.

Home occupation means an occupation, profession, activity or use located in a residential district, and which use is merely incidental to the residential use and does not change the character of the neighborhood by externally detectable lighting, noise, odor, or appearance associated with the activity, and is created and operated as a sole proprietorship with no more than one non-residential employee.

Hospital or sanitarium means an institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care for not less than 24 hours in any week of three or more nonrelated individuals suffering from illness, disease, injury, deformity, or other abnormal physical conditions.

Hotel, motel, inn, or auto court means an establishment containing lodging accommodations designed for use by transients, or travelers or temporary guests, with or without provision in such accommodations for cooking in any individual room or suite. Facilities provided may include mail service, laundering of linen used on the premises, telephone and secretarial or desk service. Hotel shall also mean any residential dwelling, or part thereof, leased for occupancy by a person unrelated to the owner thereof for a period of less than one month, which shall include but not be limited to vacation rental or bed and breakfast.

Persons operating a hotel, motel, inn or auto court, as defined here in, must hold a certificate of registration as set forth in 35 ILCS 145/5, as the same may be amended from time-to-time.

Intertrack wagering facility means a building or premises at which Intertrack Wagering, as defined in 230 ILCS 5/3.071, is conducted.

Junkyard means an open area where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, based, packed, disassembled, or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

Kennel, commercial means any lot or premises, or portion thereof, on which more than four dogs, cats and other household domestic animals, over four months of age, are kept, or on which more than two such animals are boarded for compensation or kept for sale.

Landscape plan means an overhead plan for a land or building development proposal, drawn to scale, that shows existing and proposed landscape plantings with relation to other features shown on a site plan for a lot proposed for development.

Lessee or mobile sign lessee means any person who rents or leases a mobile sign from a mobile sign lessor.

Lessor or mobile sign lessor means any person engaged in the business of leasing mobile signs and delivering same to the site of display.

Limited access highway means a trafficway, including toll roads, for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the trafficway, except at such points only in such manner as may be determined by the public authority having jurisdiction over such roadway.

Live-work units means a dwelling unit combining residential occupancy by one household with commercial or light assembly use types, provided that not more than one person who does not reside in the dwelling unit is employed in the unit.

Loading and unloading space or berth, off-street means an obstructed, hard-surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors, and trailers, to avoid undue interference with public streets and alleys. Such space shall not be less than ten feet in width, 35 feet in length, and 14 feet in height, exclusive of access aisles and maneuvering space.

Lodginghouse means a building or premises other than a hotel, motel, inn or auto court where lodging is provided for compensation for four or more persons but not exceeding 20 persons.

Lodgingroom means a room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as a lodgingroom.

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

Lot, corner means a lot situated at the junction of and abutting on two or more intersecting streets.

Lot coverage means the area of a zoning lot occupied by the principal building or buildings and accessory buildings.

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

Lot frontage means the front of a lot shall be that boundary of a lot along a public street. For a corner lot, the owner may elect either street line as the front lot line.

Lot of record means an area of land designated as a lot on a plat of subdivision recorded or registered, pursuant to statute.

Lot, reversed corner means a corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.

Lot, through means a lot having frontage on two parallel or approximately parallel streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.

Lot width means the mean horizontal distance between the side lot lines measured within the lot boundaries, or the minimum distance between the side lot lines within the buildable area.

Marquee or canopy means a rooflike structure of a permanent nature which projects from the wall of a building and overhangs the public way, and is designed and intended to protect pedestrians from adverse weather conditions.

Median refuge means a raised median in the middle of a roadway with a cut for a crosswalk.

Medical cannabis cultivation center means a facility operated by an organization or business that is registered by the Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis, 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.

Medical cannabis dispensary means a facility operated by an organization or business that is registered by the Illinois 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.

Medical clinic means any facility providing medical care of any nature or sort outside of a licensed hospital setting to persons unrelated to the provider thereof, or to the facility owner whether diagnostic, therapeutic or operative; rehabilitative services; counselling services; or substance abuse treatment, counselling, or recovery support; in either an office or residential program. Such a medical clinic is hereby classified as a commercial use whether or not there is a charge for such services. In-home care to the resident or occupant of a residence by a professional visiting the residence to provide medical services shall not deem the residence a medical clinic.

Membrane structure means a structure usually consisting of an aluminum, steel or plastic frame, which is covered with a plastic, fabric, canvas or similar nonpermanent material, and is used to provide storage of vehicles, boats, recreational vehicles or other personal property. The term shall also apply to structures commonly known as hoop houses, canopy-covered carports and tent garages, which can be fully or partially covered, but shall not apply to boat lifts and canopies which are placed in public waters, and temporary canopies used for special events such as graduations, weddings, festivals and seasonal sales (plant/nursery sales, Christmas tree sales, etc). A once-yearly ten-day time limit shall apply to all temporary canopies erected for special events in all residential zoning districts. Membrane structures are not considered accessory structures and are allowed only by special use permit in all zoning districts.

Metal walls means and shall include profiled panels, deep ribbed panels and concealed fastener systems. Exterior finish shall be film laminated or baked on enamel painted to the wall manufacturer's standards. The use of corrugated metal, plastic, or fiberglass panels shall be prohibited. The use of galvanized, aluminum coated, zinc-aluminum coated or unpainted exterior metal finish shall be prohibited. Metal walls shall be prohibited in any residential construction as an exterior finish, and shall be prohibited on the first floor or story of any commercial building or structure as an exterior finish.

Miniwarehouse means an individual self-contained storage unit, either alone or in combination, no such unit to exceed 800 square feet in area; and all units to be accessible by paved driveways.

Minor street means a street designed primarily to provide access to individual properties, carry low to moderate volumes of traffic, and allow on-street parking.

Mobile home means a single-family living unit designed for transportation after fabrication on streets and highways on its own wheels, or on flatbeds or other trailers, and arriving at the site where it is to be occupied as a living unit complete and ready for occupancy, except for main and incidental unpacking and assembly operations, location on jacks or permanent foundations connected to utilities and erected in accordance with prevailing city laws but which structure is not approved under the adopted building codes of the city.

Mobile home park means a parcel of land upon which two or more mobile homes are harbored either free of charge or for revenue and shall include any building, structure, tent, vehicle, or enclosure used or intended for use as a part of the site.

Mobile home subdivision means a parcel of land subdivided consistent with adopted city subdivision regulations, provided the subdivision complies with zoning regulations as are provided for in article VIII of this chapter.

Mobile sign means any sign built upon a chassis, wheels, flatbed or similar device designed to be transported or towed from one location to another. Any sign not permanently affixed to a wall, or permanently installed in the ground by anchoring below the frost line or installation in concrete.

Neighborhood development plan means a city, developer, or property owner prepared plan for the future development of a part of the community, and including the proposed land use pattern, zoning, street alignments, lot patterns, locations of utilities and public buildings, parks, open spaces, environmental corridors, trails, and a development phasing timetable.

Nonconforming lot means a lot of record existing as of May 13, 1974, which does not have the minimum width or contain the minimum area for the zone which it is located.

Nonconforming structure means a lawful structure which existed as of May 13, 1974, or upon the amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure, or its location on the lot.

Nonconforming use means any building, structure or land lawfully occupied by a use or lawfully established as of May 13, 1974, or amendments hereto with the use regulations of this chapter.

Nude model studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.

Nudity or a state of nudity means the appearance of a human bare buttock, anus, male genitals, female genitals, or full female breast.

Nursing home, rest home, convalescent home means a private home for the care of children or the aged or infirmed, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.

Office means a unit in which a business, professional or technical activity is conducted, and where retail sales and industrial uses are not the principal use.

Open sales lot means any land used or occupied for the purpose of buying and selling new or secondhand passenger cars or trucks, motor scooters, motorcycles, boats, trailers, aircraft and monuments, and for the storing of same prior to sale.

Outdoor storage means any and all equipment, materials and supplies that are used in the usual and ordinary course of business and in the day-to-day operations of the business. Such definition does not include inoperable motor vehicles, unused and/or inoperable equipment, the stockpiling of junk, garbage, debris and the like. Any and all outdoor storage shall be in a neat, clean, orderly and uniform manner and shall be concealed from public view.

Parking area, private means an open, hard-surfaced area, other than a street or publicway, designed, arranged, and made available for the storage of private passenger automobiles only of occupants of the building for which the parking area is developed and is accessory.

Parking area, public means an open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under 1½ tons capacity and available to the public, whether for compensation, free, or as an accommodation to clients or customers.

Parking space, off-street means a usable off-street area with independent access, not included within the established front yard setbacks, at least nine feet by 20 feet for diagonal and perpendicular vehicle parking or at least eight feet by 22 feet for parallel vehicular parking.

Passive solar design means a design and construction technique that provides heating, cooling, and lighting by non-mechanical means.

Permanent sign means a sign permanently affixed to a building, structure or ground in accordance with all applicable codes and regulations.

Planned community development means a development occupying not less than 30 acres which shall include all land within the project boundaries, plus one-half of all adjacent public rights-of-way involving a related group of associated uses, planned as an entity and, therefore, acceptable for development and regulation as one complex land use unit.

Planned unit development means a residential planned unit development is a development occupying three or more gross acres, including all land within the project boundaries, plus one-half of all adjacent public rights-of-way, to be constructed by a single owner or group of owners acting jointly; located on a single tract approved as a subdivision; involving a related group of residences and associated uses, planned as an entity and, therefore, acceptable for development and regulation as one complex land use unit, rather than as a mere aggregation of individual buildings located on separate unrelated lots.

Porch, covered means a roofed structure, projecting out from the walls of a main structure and commonly open to the weather in part.

Portable sign means a sign which is not permanently affixed to a building, or to the ground, so that such sign may be readily moved from place to place, including banner signs and teepee signs.

Precise implementation plan (PIP) means a specific detail plan of all, or a portion of, the traditional neighborhood development as represented in an approved GDP.

Principal building means the building(s) that contains the principal use on the lot.

Principal use means the main use of land or buildings, as distinguished from a subordinate or accessory use.

Public open space means any publicly owned open area, including, but not limited to, the following: parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.

Public utility means any person, firm, corporation, or municipal department duly authorized to furnish, under public regulation to the public, electricity, gas, steam, telephone, communications, transportation, or water.

Satellite earth station means any dish-shaped accessory structure capable of receiving radio, television or other signals from transmitters located in earth orbit.

Semi-nude means a state of dress or undress in which clothing covers no more than the human genitals, pubic region, anus and areola of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks.

Sexually oriented arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.

Sexually oriented bookstore or sexually oriented video store means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

(2)

Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as a sexually oriented video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as a sexually oriented bookstore or sexually oriented video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.

Sexually oriented business means a sexually oriented arcade, a sexually oriented bookstore or sexually oriented video store, an escort agency, a nude model studio, an adult cabaret or a swingers' club.

Sidewalk means any paved walk designated for pedestrian use, whether public or private property.

Sign means any identification, description, illustration, or device illuminated or nonilluminated which is visible from any public place or is located on private property and exposed to the public, and which directs attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard, floating or illuminated device, or temporary sign designed to advertise, identify or convey information, with the exception of national flags. For the purpose of removal, signs shall also include all sign structures.

Sign, abandoned means a sign which no longer correctly identifies or directs, advertises a business lessor, owner, product or activity conducted on premises when in fact such business, etc., is no longer available at that location.

Sign, advertising means a sign which directs attention to a commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.

Sign, attached means a sign attached to the building which in no case may extend more than 18 inches from the face of the building.

Sign, business means a sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered upon the premises on which such sign is located or to which it is affixed.

Sign, directional means any sign which serves solely to designate the location or direction of any place or area. Such signs shall direct pedestrian or vehicular traffic to a specific area of a lot or parcel and shall not include names and/or identity of any establishment.

Sign, flashing means an illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times in which such sign is in use. For the purpose of this chapter, a moving, illuminated sign shall be considered a flashing sign.

Sign, freestanding means a sign which is supported by one or more uprights or braces in or upon the ground.

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

Sign, moving means a permanent, streaming, whirling disc, or other moving device attracting attention.

Sign, projecting means a sign attached to the building which extends more than 18 inches from the face of such building.

Site plan means an overhead plan for a land or building development proposal, drawn to scale, that shows existing and proposed buildings, other structures, parking areas, and other existing and proposed features on a lot proposed for development.

Special needs housing means housing specifically designated for individuals requiring special accommodations due to medical conditions, including but not limited to community living arrangements and assisted living facilities.

Specified anatomical areas means any of the following:

(1)

Less than completely and opaquely covered human genitals; pubic region, buttocks, anus, or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed.

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.

Specified sexual activities means and includes any of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

(3)

Masturbation, actual or simulated; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.

Stone material means stone material used for masonry construction may consist of granite, marble, limestone, slate, river rock, and other hard and durable naturally occurring all weather stone. Cut stone, dimensioned stone, and manufactured stone products are acceptable.

Story means that portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.

Street means a public way other than an alley, which affords a primary means of access to abutting property.

Structural alteration means any change other than incidental repairs which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams and girders.

Structure means anything constructed or erected which requires permanent location on the ground, including a fence or freestanding wall. A sign, billboard or other advertising medium shall be construed to be a structure, as well as all "drop boxes" whose purpose is to collect clothes and donations from the public, whether said "drop box" is a permanent or temporary structure.

Swingers' club means any business, club, or establishment, whether public or private, where persons and/or couples engage in any specified sexual activities, as defined by this Code.

Temporary sign means a sign of a temporary nature advertising an event, service, sales promotion, etc., including real estate signs, garage and rummage sale signs, political signs, and construction signs.

Traditional neighborhood development means a compact, mixed-use neighborhood where residential, commercial and civic buildings are within close proximity to each other; with interconnected circulation and open space systems; with careful attention to the design, layout, and relationships between different land uses; and meeting the standards of section 102-336. In the context of that section, also referred to as a "TND" or as a "project."

Traditional neighborhood development, small means a traditional neighborhood development that includes fewer than 100 building sites, each intended for occupancy by a separate principal building regardless of use.

Traditional neighborhood development, large means a traditional neighborhood development that includes 100 or more building sites, each intended for occupancy by a separate principal building regardless of use.

Travel trailer or motor home means a vehicular portable structure built on a chassis, with or without complete kitchen, toilet, bath and shower facilities, designed to be used for temporary human habitation for travel, recreational, and vacational uses. A travel trailer used as a permanent dwelling unit is expressly prohibited.

Truck parking area or yard means any land used or intended to be used for the storage or parking of trucks, trailers, tractors, and including commercial vehicles, while not loading or unloading, which exceed 1½ tons in capacity.

Yard or setback means an open space on the same zoning lot with a principal building or group of buildings which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this chapter, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

Yard or setback, front means the area extending along the full length of the front lot line between the side lot lines.

Yard or setback, rear means the area extending along the full length of the rear lot line between the side lot lines.

Yard or setback, side means the area extending along a side lot line from the front yard to the rear yard.

Zoning lot means a single tract of land located within a single block, which, at the time of filing for a zoning certificate, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.

Zoning map means the map incorporated into this chapter as a part thereof, designating zoning districts.

(b)

Words not defined in this section shall be interpreted in accordance with definitions contained in Webster's Dictionary.

(Ord. No. 795, § 107, 5-13-74; Ord. No. 1136, § 1, 5-12-80; Ord. No. 1140, § 1, 7-14-80; Ord. No. 1179, § 1, 3-16-81; Ord. No. 1181, § 1, 3-16-81; Ord. No. 1420, §§ 1, 2, 3-12-84; Ord. No. 1518, § 1, 7-8-85; Ord. No. 1586, § 4, 9-22-86; Ord. No. 1615, § 5, 3-9-87; Ord. No. 2024-92, 11-16-92; Ord. No. 2088-93, § 2, 8-30-93; Ord. No. 2474-98, § 2, 3, 3-2-98; Ord. No. 2713-00, §§ 1, 2, 4-10-00; Ord. No. 2766-00, §§ 1, 2, 11-13-00; Ord. No. 3074-04, §§ 2, 3, 3-22-04; Ord. No. 3148-05, 1-24-05; Ord. No. 3215-05, § 1, 11-14-05; Ord. No. 3414-08, 1-14-08; Ord. No. 3824-12, §§ 2—4, 8-13-12; Ord. No. 3989-14, § 2, 12-22-14; Ord. No. 3990-14, § 2, 12-22-14; Ord. No. 4301-19, 11-4-19; Ord. No. 4345-20, 6-29-20; Ord. No. 4375-20, 11-2-20; Ord. No. 4376-20, 11-9-20; Ord. No. 4430-21, 8-9-21; Ord. No. 4535-23, 4-10-23; Ord. No. 4536-23, 4-10-23)

Cross reference— Definitions generally, § 1-2.