This chapter shall be known, cited and referred to as the Village of Lynwood Zoning Chapter.

(Code 1985, § 38-1)

For the purpose of this chapter, certain terms and words are hereby defined as follows: Unless the context requires otherwise, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular "number," and the word "building" includes the word "structure." Adult-use cannabis business establishment. An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

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

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

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

Adult-use cannabis infuser organization or infuser. 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. 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. 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.

Alteration means any change in size, shape, character, occupancy or use of a building or structure.

Apartment means a building housing two or more family units which are rented on a long term lease (30 days or more).

Auto laundry means a building or portion thereof containing facilities for washing automobiles, using production line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices.

Awning means a roof-like cover, temporary in nature, which projects from the wall of a building and which may overhang a street.

Block means all land fronting on one side of a street between the nearest streets, alleys, railroad rights-of-way, canals or waterways, intersecting, meeting or crossing the aforesaid street and bounding such land, and not necessarily as shown on a subdivision plat.

Building means any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind. This definition shall include tents, awnings or vehicles situated on private property and serving in any way the function of the building.

Building accessory means a subordinate building, the use of which is incidental to that of a principal building on the same lot, and occupying not more than 30 percent of the rear and side yard of the main buildings, and which does not exceed 14 feet in height.

Building area means the maximum horizontal projected area of a building including its accessory buildings, excluding open steps, terraces and cornices projecting not more that 60 inches.

Building, detached, means a building surrounded by an open space on the same lot as the principal building.

Building, height of, means the vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof for flat roofs, to the deck line for mansard roofs, and to the mean height level (between the eaves and ridge) for gable and hip roofs. Where a building is located upon a terrace or slope, the height shall be measured from the average ground level at the building wall.

Building, principal, means a building in which is conducted the main or principal use of the lot on which said building is situated.

Building, residential, means a building which is arranged, designed, used or intended to be used for residential occupancy by one or more families, or lodgers and which includes, but is not limited to, the following types:

(1)

Single-family detached dwellings.

(2)

Two-family dwellings.

(3)

Multiple-family dwellings.

(4)

A row of single- or two-family attached dwellings developed initially under single ownership or control.

Building setback means the required distance by which any building or structure must be distant from the street or lot line.

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

Capacity in persons means, for an establishment or use, the maximum number of persons that can avail themselves of the services or goods of such establishment, at any one time with reasonable comfort.

Conforming building or structure means any building or structure which:

(1)

Complies with all regulations of this chapter or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; or

(2)

Is designed or intended for a conforming use. For example:

a.

An office building in a business district; or

b.

A factory building in a manufacturing district.

Day care home means family homes which receive at least three but less than nine children for less than 24 hours per day. The maximum of eight children includes the family's natural, foster or adopted children and all other persons under the age of 12. The term does not include homes which receive only children from a single household.

District means a section of the village for which the regulations governing the height, area and use of building and premises are the same.

Drive-in restaurant stand means any building or land used for sale, dispensing, serving or consumption of food or beverages to the public who enter upon the premises in motor vehicles and receive service in motor vehicles, or for the consumption of food and beverages in motor vehicles by the public.

Dwelling means any building, or part thereof, occupied, in whole or part as the residence or living quarters of one or more persons, permanently or temporarily, continuously or transiently.

Dwelling, multiple, means a dwelling occupied by three or more families, or as a roominghouse, or occupied by three or more families and other persons.

Dwelling, one-family, means a dwelling occupied not otherwise than by one family.

Dwelling, townhouse, row group means a building consisting of a series of noncommunicating, one-family dwelling units, having a common wall between two adjacent sections.

Dwelling, two-family, means a dwelling occupied not otherwise than by two families.

Erected, as a word, includes built, constructed, reconstructed, moved upon or any physical operations on the premises. Excavations, fill, drainage or the like shall be considered erection.

Essential services means the erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam or water transmissions or distribution systems, collection, communication, supply, disposal or sewage systems. Poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, but not including buildings, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or municipal departments or commissions for the public health or safety or general welfare, excluding public utility towers.

Established grade means the average elevation of the public sidewalks around or abutting a plot, or in the absence of sidewalks, the average elevations of the pavement on the public streets abutting the plot.

Family means a group of two or more persons occupying premises and living as a single housekeeping unit, whether or not related to each other by birth, marriage or consanguinity, as distinguished from a group occupying a boardinghouse, lodginghouse or motel.

Filling station means any building or land used for retail sale and dispensing of automobile fuels or oils. A filling station may furnish and maintain supplies, equipment and services to private passenger vehicles incidental to sale and dispensing of automobile fuels and oils.

Garage, community, means a building, or part thereof, used for the indoor parking of self-propelled private passenger motor vehicles, for the use of residents in the vicinity, and providing only minor incidental services to such vehicles as are stored therein.

Garage, private, means an accessory building designed or used for the indoor parking of passenger motor vehicles owned and used by the occupants of the main building, said building not to exceed 24' × 25' in size.

Garage, private, attached. All two-car attached garages shall have a two-car driveway with a minimum width of the overhead door or doors.

Garage, private, detached. The driveway to a detached garage must have a minimum width of the overhead door or doors, for a distance of 24 feet from the garage to the direction of the street if space if available.

Garage, public, means any garage other than a private or community garage, open to the public, operated for profit, and which is used for the storage, repair, rental, greasing, washing, sales, servicing, adjusting, painting or equipping of automobiles or other motor vehicles.

Home occupation means a gainful occupation or profession conducted by a member of a family residing on the premises, and where there is no indication from the exterior that the building is being utilized in whole or part for any purpose other than that of a dwelling.

Junk yard means a place, structure, lot, or area where junk, waste, discarded, salvaged or similar materials such as old metal, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, used lumber yards, house-wrecking yards and yards or places for the storage or handling of salvaged house wrecking and structural steel materials and equipment. This definition shall not include pawn shops and establishments for the sale, purchase or storage of usable secondhand cars, salvaged machinery, used furniture, radios, stoves, refrigerators or similar household goods or appliances. Nor shall it apply to the processing of used, discarded or salvaged materials as part of the manufacturing operations.

Lodginghouse means a building, or part thereof, other than a motel or hotel where sleeping accommodations are provided for hire, more or less transiently, without provisions for cooking by guests or for meals for guests.

Lot means a parcel of land occupied, intended or designated to be occupied in one-family dwelling districts and two-family dwelling districts by one building and the accessory buildings, or uses customarily incidental to it, and in other districts by one or more buildings and the accessory buildings, or customarily incidental uses, including such open spaces as are required by this chapter.

Lot area, gross, means the area of a horizontal plane bounded by the front, side and rear lot lines, but not including any area occupied by the waters of a duly recorded lake, river, creek, drainage ditch, etc., or established roadway including right-of-way or easement for said road.

Lot, corner, means a lot where the corner interior angle at the intersection of the street lines is less than 135 degrees. A lot abutting upon a curved street, or streets, shall be considered a corner lot for the purposes of this chapter if tangents to the curve (at the two points where the lot lines meet the curve or the straight street line when extended) form an interior angle of less than 135 degrees. The owner of such lot shall have the privilege of designating one street frontage as the front of the lot, except where the front of the lot is clearly indicated by the original plat of record. A corner lot shall have only one street frontage.

Lot, depth of, means the measured horizontal distance between the front and rear lot lines.

Lot line means the line delineating a lot as defined.

Lot line, rear, means the lot boundary opposite and most distant from the front street lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to the front street lot line, not less than ten feet long, lying farthest from the front street lot line and lying wholly within the lot.

Lot of record means a parcel of land the dimensions of which are shown on a document or map, filed and recorded with the county registrar of deeds.

Lot, width of, is measured at the front of the building setback line.

Medical cannabis cultivation center means a facility operated by an organization or business that is registered by the department of agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis. A registered cultivation center may not be located within 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, or an area zoned for residential use.

Medical cannabis dispensing organization means a facility operated by an organization or business that is registered by the department of financial and professional regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients in accordance with the laws of the State of Illinois. A dispensing organization may not be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part day care facility. A registered dispensing organization may not be located in a house, apartment, condominium, or an area zoned for residential use.

Mini-warehouse means a building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual compartments and stalls for the storage of goods and wares. No sales, service or repair activities other than the rental of units are permitted.

Mobile home means a structure designed for permanent habitation, and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent home and designed to permit the occupancy thereof as a dwelling place for one or more persons. Even if such structure rests on a permanent foundation, with wheels, tongue, hitch and axle or lug bolts permanently removed, it shall be constructed as a mobile home. A mobile home may be with or without mechanical power.

Mobile home park means any premises on which are parked two or more mobile homes, (trailers) or any premises used or held out for the purpose of supplying to the public a parking space for two or more such trailers. The term "mobile home park" does not include sales lots on which automobiles or unoccupied trailers, new or used, are parked for the purpose of inspection or sale.

Motel is a building, or part thereof, in which sleeping or living accommodations are offered to the public on a short term or transient basis, with access to the individual units of the building and parking facilities for use of guests near their quarters.

Motor freight terminal is a building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate and interstate shipment by motor truck.

Motor vehicle is any passenger vehicle, truck, truck-trailer, trailer or semi-trailer propelled or drawn by mechanical power.

Multiple-family dwelling means any residential unit intended to house two or more family units, but shall not include related living.

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

Nonchartered financial institution means a business, other than a state or federally chartered bank, credit union, mortgage lender or savings and loan association, that offers check cashing services and loans for payment of a percentage fee. Specifically included are check cashing businesses that charge a percentage fee for cashing a check or negotiable instrument, payday loan businesses which make loans upon assignments of wages received, title loan businesses, and signature loan businesses.

Nonconforming structure means any structure or portion thereof, which was occupied, designed, erected, intended or altered for a use not permitted at its locations by the provisions of this chapter for a new use, of which does not conform to the regulations applicable to the district in which it is located.

Nonconforming use means any use of land, buildings or structures which does not comply with all the regulations of this chapter or of any amendment hereto governing use for the zoning district in which such use is located.

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

Nursery (child care) means an establishment for the part-time care of five or more children of pre-elementary school age in addition to the members of the family residing therein.

Odorous matter means any matter that yields an odor which is offensive in any way.

Particulate matter means dust, smoke or any other form of air-borne pollution in the form of minute separate particles.

Party wall means a wall which is common to but divides contiguous buildings; such a wall contains no openings and extends from its footings below finished grade to the height of the exterior surface of the roof.

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

Planned development means a unified development in single ownership or control and which includes two or more principal buildings where specific requirements of a given district may be modified.

Pole barn means a frame structure larger than 12 feet × 12 feet which is supported by wood beams or posts embedded in the soil, stone, concrete, etc., and not on a foundation. Not permitted within the village limits.

Property lines means the lines bounding a zoning lot as defined herein.

Public (as in public sewage system). The term "public" shall imply the provision of a service to ten or more zoning lots.

Public utility. See Essential services.

Public way means any sidewalk, street, alley, highway or other public thoroughfare.

Railroad right-of-way means a strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, cars or locomotive shops or car yards.

Refuse means all waste products resulting from human habitation or the conduct of business or industry, except sewage.

Regional shopping mall means a shopping facility providing for the sale of all manner or type of hard and soft goods and services, including, without limiting the generalities of the foregoing, department stores, food stores, apparel, furniture and furnishing stores, hardware stores, banking, financial and professional institutions, services and premises, recreation and entertainment facilities, eating and drinking establishments, and other general retail and commercial establishments, and establishments for the provision of services.

Reservoir parking means those off-street parking spaces allocated to automobiles awaiting entrance to a particular establishment.

Rest home or nursing home means a private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders. Such home does not contain equipment for surgical care or for the treatment of disease or injury.

Ringelmann chart or Ringelmann number means the number of area on the Ringelmann chart that coincides most nearly with the visual density of emission or the light-obscuring capacity of the smoke.

Roadside stand means a structure for the display and sale of agricultural products, with no space for customers within the structure itself.

Satellite receiving antenna means an accessory structure whose purpose is to receive communications or other signals from orbiting satellites and other extra-terrestrial sources, and which consists of three main components; the antenna itself (often called a dish), a low-noise amplifier (LNA), and a receiver. The antenna and the LNA are located outdoors and are connected by coaxial cable to the receiver which is placed indoors. The height of the antenna shall be measured vertically from the highest point of the signal-receiving apparatus, when positioned for operation, to the bottom of the base which supports the antenna.

Setback means the minimum horizontal distance between the front line of the building or structure and the front property line.

Sign means a name, identification, description, display or illustration which is affixed to, or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. However, the term "sign" shall not include any display of official court or public office notices; the flag, emblem or insignia of a nation, political unit, school or religious group; or a sign located completely within an enclosed building unless the context shall be primarily visible from the exterior of the building.

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

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

Sign, flashing, means any illuminated sign on which the artificial light is not maintained stationary, or constant in intensity and color at all times. A pole-supported business or brand identification sign in which the only movement is slow rotation on its supporting member so as to be visible from all directions shall not be considered a "flashing sign."

Sign, gross area of. The gross area of a sign shall be the entire area within a single contiguous 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 the limits of such sign and not forming an integral part of the display.

Sound level. The "sound level" of an operation or use is the intensity of sound, measured in decibels, produced by such operation of use.

Sound level meter means an instrument standardized by the American Standards Association for measurement of intensity of sound.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.

Street means a public or private right-of-way which affords a primary means of access to abutting property, but excepting driveways to buildings. The term "street" also means a public or private thoroughfare, 40 feet or more in width, which affords the principal means of ingress and egress to abutting property, provided that this definition shall include any street dedicated and duly recorded prior to the enactment of this chapter.

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

Structure means any combination of materials, including buildings, constructed or erected, temporary or permanent, the use of which requires location on the ground, including, but not limited to, signs, billboards and fences.

Taverns (cocktail lounge) means an establishment where liquors are sold to be drunk on the premises.

Tent means any structure or enclosure, the roof of which and/or one-half or more of the sides, are constructed of silk, cotton, canvas fabric or similar light material.

Tourist home means a dwelling in which sleeping rooms are provided or offered to transient guests for compensation, but shall not be interpreted to mean a hotel, apartment hotel or motel.

Toxic matter or materials means those materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.

Trailer means any vehicle, house car, camp car or any portable or mobile vehicle on wheels, skids, rollers or blocks, either self-propelled or propelled by any other means, which is used or designed to be used for residential living, sleeping or commercial purposes and herein referred to as a trailer.

Usable floor area means all the floor area measured to the exterior walls on the first floor, and the floor area of an upper floor having more than seven feet, six inches headroom, which is connected by a fixed stairway and which may be made usable for human habitation, or use, or which is used for human habitation, but excluding the floor area of basements, private garages, attics, breezeways, unenclosed porches, carports, public corridors and public toilets.

Use means the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity.

Use, permitted, means a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards (if any) of such district.

Use, principal, means the main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be either permitted or special.

Use, special, means a use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district. After due consideration in each case of the impact of such use upon neighboring land and of the public need for particular use at that particular location, such special use may or may not be granted.

Wholesale establishment means a business establishment engaged primarily in selling to retailers or jobbers rather than consumers.

Yard means an open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.

Yard, corner side, means a side yard which faces a public street.

Yard, front, means a yard extended across the full width of the plot between the front line and the nearest line of any building on the plot.

Yard, interior side, means a side yard which is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot.

Yard, rear, means a yard extending across the full width of the plot between the rear yard plot line and the nearest line of the main building.

Yard, side, means a yard extending from the front yard to the rear yard between the side plot line and the nearest line of any building on the plot.

(Code 1985, § 38-2; Ord. No. 00-26, art. I, 11-28-2000; Ord. No. 07-17, § 1, 3-13-2007; Ord. No. 08-01, § 1, 1-8-2008; Ord. No. 14-32, § 1, 10-14-2014; Ord. No. 20-02, § 2, 4-14-2020)

(a)

Any person, firm or corporation who violates or refuses to comply with any of the provisions of this chapter shall be fined not less than $25.00 nor more than $100.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. In addition to seeking a fine for violation, the enforcement officer may take such actions to restrain, correct or abate the violation as shall be necessary to insure compliance with the regulations.

(b)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of the provisions of this chapter or regulations made under authority conferred thereby, the enforcing officer (or anyone authorized by the enforcing officer) or any person the value or use of whose property is or may be affected by such violation, in addition to other remedies provided in the Illinois Revised Statutes may institute an action to enjoin, or any other appropriate action or proceeding to prevent, such erection, construction, reconstruction, alteration, repair, conversion, maintenance or use.

(Ord. of 5-27-1986, § 38-17)

Composting facilities shall not be allowed in any area of the village or any territory in which Lynwood has extraterritorial jurisdiction, pursuant to the Illinois Revised Statutes.

(Code 1985, § 38-17)