This chapter shall be known, cited, and referred to as "The Zoning Ordinance of the Village of Machesney Park."

This chapter is adopted for the following purposes:

(1)

To provide for the citizens of the village adequate light, pure air and safety from fire and other dangers, to conserve the value of land and buildings, to lessen or avoid congestion of traffic on the public roads and to promote the public health, safety, comfort, convenience, morals and general welfare.

(2)

To protect the character and the stability of the residential, business, and industrial areas within the village and to promote the orderly and beneficial development of such areas.

(3)

To establish restrictions in order to attain these objectives by adopting a zoning ordinance which will revise the districts into which the village is divided, the restrictions upon the uses to which land and buildings may be devoted, the restrictions upon the intensity of the use of land and buildings, the requirements for yards, the requirements for off-street parking facilities, the provisions for administration and enforcement of this chapter, the penalties for violation of this chapter, and the procedure, powers and duties of the board of appeals.

In the construction of this chapter, the definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise. The following word use shall apply in order to provide clarity to interpretation:

a.

Words used in the present tense shall include the future, and words used in the singular number shall include the plural number, and the plural the singular.

b.

The word "shall" is mandatory and not discretionary.

c.

The word "may" is permissive.

d.

The word "lot" shall include the words "plot" and parcel."

e.

The word "building" includes all other structures of every kind, regardless of similarity to buildings.

f.

The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

g.

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

The following words and terms, wherever they occur in this chapter, shall be interpreted as herein defined: (Ord. No. 134-86)

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

Accessory building. A detached or attached accessory building is one which: (Ord. No. 138-86)

a.

Is subordinate to and serves a principal building or principal use;

b.

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

c.

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

d.

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. An "accessory use" includes, but is not limited to the following: (Ord. No. 52-88)

a.

A children's playhouse, garden house and private greenhouse;

b.

A garage, carport, shed or building for domestic storage;

c.

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

d.

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.

e.

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

f.

Swimming pool, private, for use by the occupant and his guests; (Ord. No. 52-88)

g.

Off-street motor car parking areas, and loading and unloading facilities with provisions of article V of this chapter; (Ord. No. 42-86; Ord. No. 52-88)

h.

Signs (other than advertising signs) as permitted and regulated in each district incorporated in this chapter with provisions of article XII of this chapter; (Ord. No. 43-86)

i.

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

Advertising device and advertising sign. 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. Advertising signs shall be in accordance with section Z-73, General sign standards, and shall only be allowed in industrial zoning districts, as a special use permit in accordance with section Z-83(3). (Ord. No. 28-96; Ord. No. 44-15, 12-7-2015)

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

Apartment. 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.

Automobile repair, major. 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. Incidental repairs, replacement of minor parts and motor service to automobiles, but not including any operation specified under "Automobile repair, major."

Automobile sales, service and rental/leasing. The use of any building, land area or other premises or portion thereof, for the display, sale or rental/leasing of new or used automobiles, panel trucks or vans, or recreational vehicles; the servicing includes the installation and/or repair of minor accessories, washing of motor vehicles by hand but shall not include minor or major automobile repairs. (Ord. No. 114-88)

Automobile sales, service, and rental/leasing, new. The use of any building, land area or other premises or portion thereof, for the display, sale or rental/leasing of new automobiles, panel trucks, or vans, or recreational vehicles. The display, sale or rental/leasing of used automobiles shall be allowed as an accessory use. The servicing shall include the installation and/or repair of minor accessories, washing of motor vehicles by hand, and minor automobile repair but shall not include major automobile repairs. Major automobile repair may be allowed by special use permit as an accessory use. (Ord. No. 34-98)

Automobile sales, service, and rental/leasing, used. The use of any building, land area or other premises or portion thereof, for the display, sale or rental/leasing of used automobiles, panel trucks or vans, or recreational vehicles. The servicing shall include the installation and/or repair of minor accessories, washing of motor vehicles by hand but shall not include minor or major automobile repairs. (Ord. No. 34-98)

Automobile service station. 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 and trailer sales area. 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.

Automobile wrecking yard. 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 conditions; and including the commercial salvaging of any other goods, articles or merchandise.

Babysitting service. A building or portion thereof used for the care of from three to seven children excluding the children of the occupant of the building residing in said building and subject to the home occupation permit requirements. (Ord. No. 17-86)

Basement. A portion of a building with the floor located below the grade level. A basement shall be counted as a story for the purpose of height regulations if one-half or more of its height is above grade level. (Ord. No. 87-83)

Bed and breakfast establishment. An operator occupied residence providing accommodations for a charge to the public with no more than five guest rooms for rent. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include hotels, motels, boarding houses, or food service establishments. The operator shall not employ any persons who do not reside on the premises. (Ord. No. 24-96)

Bingo and similar games of chance. Games conducted for the purpose of raising charitable funds, including, but not limited to, bingo, pull tabs, jar games, and raffles. Does not include off-track betting regulated by the Illinois Racing Board; video gaming terminals regulated by the Illinois Video Gaming Act [230 ILCS 401/1 et seq.]; and lotteries regulated by the Illinois Department of the Lottery or the Multi-State Lottery Association. (Ord. No. 08-22, 2/7 /22)

Block. 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.

Boarding house. A building other than a hotel or restaurant where meals are provided for compensation to not more than six guests who are not members of the keeper's house.

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

Building. Any structure having a roof supported by columns or walls for the sheltering or enclosure of persons, animals, chattels or property of any kind.

Building, detached. A free-standing building surrounded by open space on the same zoning lot.

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

Bulk. The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following:

(a)

Size and height of buildings;

(b)

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

(c)

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

(d)

All open spaces allocated to the building;

(e)

Amount of lot area per dwelling unit; and

(f)

Required parking areas.

Camping trailer. A canvas, material, or metal folding structure, capable of being mounted on wheels and designed for travel, recreational or vacation uses

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) [410 ILCS 705/1-1 et seq.], as may be amended from time to time, and regulations promulgated thereunder.

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) [410 ILCS 705/1-1 et seq.], as may be amended from time to time, and regulations promulgated thereunder.

Cannabis dispensing organizations. 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) [410 ILCS 705/1-1 et seq.], as may be amended from time-to-time, and regulations promulgated thereunder.

Cannabis infuser organization. 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) [410 ILCS 705/1-1 et seq.], as may be amended from time to time, and regulations promulgated thereunder.

Cannabis processing organization. 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) [410 ILCS 705/1-1 et seq.], as may be amended from time to time, and regulations promulgated thereunder.

Cannabis transporting organization. An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or community college licensed under the community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027) [410 ILCS 705/1-1 et seq.], as may be amended from time to time, and regulations promulgated thereunder. (Ord. No. 43-19)

Carport. A permanent roofed structure with not more than two enclosed sides used or intended to be used for vehicle storage for the occupants of the premises. (Ord. No. 13-90)

Cellar. A portion of a building or structure more than one-half underground and not used or intended to be used for human occupancy.

Clinic, medical or dental. 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. A nonprofit 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.

[a.]

All private clubs or lodges as defined above shall be permitted to rent or lease their premises which are not inconsistent with the permitted uses of said facility of the private club or lodge. (Ord. No. 5-84)

[b.]

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, provided that such sale of alcoholic beverages is in compliance with the applicable federal, state and village laws.

Commercial truck. A truck used primarily for commercial purposes. Commercial trucks with a license over a B designation are not permitted to be parked on residentially zoned lots. Semi trailers, full trailers and diesel cabs are considered to be commercial trucks. (Ord. No. 38-84)

Commercial waterfront. Any commercial use of land immediately adjacent to the Rock River, commonly related to retail, and/or service activities associated with recreation or tourism. Commercial waterfront uses shall require commercial zoning and a special use permit. (Ord. No. 46-15, 12-7-2015)

Day nursery school. A building or portion thereof used for the care of eight or more children excluding the children of the occupant of the building residing in said building. (Ord. No. 16-86)

Diligently pursued to completion. An active building permit indicating periodic inspection by the Winnebago County Building Department.

District. An area or section of the village within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.

Drive-in restaurant. Any establishment where food and/or beverages are sold to customers for consumption primarily in an automobile parked upon the premises.

Drop-box. An accessory structure, normally without an attendant, that serves as a drop-off point for the collection and temporary storage of donations from the public such as used clothing and household goods.

Dwelling. A building designed, constructed or intended for human habitation, complying with all of the requirements of sections Z-7 through Z-22.

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

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

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

Dwelling, one-family. A dwelling unit designed exclusively for use and occupancy by one or more persons related by blood, adoption or marriage and two additional individuals living together as a single housekeeping unit or four or fewer persons who are not related by blood, adoption or marriage but who are living together as a single housekeeping unit. (Ord. No. 16-96)

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

Educational institution. A public, parochial, charitable or non-profit elementary, junior high, high school, junior college, college or university, other than a trade or business school, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.

Electronic message board. A sign typically attached to freestanding or integrated signs, with a fixed or changing display/message composed of a series of lights that may be changed through electronic means. Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display screen composed of electrically illuminated segments. (Ord. No. 18-12)

Fence. A freestanding barrier device constructed of metal, wood, masonry, concrete or composition plastic material intended for use as fencing (example: recycled plastic material); and designed for exclusion, confinement or screening, provided said device shall not be electrically charged. Except with respect to restricted areas of public utilities and potentially dangerous installations or enclosures protecting livestock, barbed wire shall not be used in or adjacent to any RR, R1, R2, R3 or R4 district. (Ord. No. 15-93)

Fence, solid. 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.

Floor area, gross. (Deleted by Ord. 02-20)

Grade. The average level of the ground adjacent to the exterior walls of the building. (Ord. No. 16-96)

Guest house. Living quarters within a detached accessory building located in the same lot with the principal building, for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities not be rented or otherwise used as a separate dwelling.

Height, building. The peak or top part of ridge line on structure shall be the point of measurement.

Home occupation. Any gainful occupation conducted within a dwelling by the residents thereof that is clearly secondary to the residential use and that does not change the character of the structure as a residence. (Ord. No. 87-83)

Hospital or sanitarium. 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 non-related individuals suffering from illness, disease, injury or other abnormal physical conditions. The term "hospital," as used in this chapter, does not apply to institutions operating solely for the treatment of mentally ill persons, drug addicts, liquor addicts or other types of cases necessitating restraint of patients, and the term "hospital" shall not be used for convalescent, nursing, shelter or boarding homes.

Hotel, motel, inn or auto court. An establishment containing lodging accommodations designed for use by transients, travelers or temporary guests. Facilities provided may include maid service, laundering of linen used in the premises, telephone and secretarial or desk service.

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

Kennel, commercial. Any lot or premises or portion thereof, on which more than two dogs, cats and other household domestic animals, over three months of age, are boarded for compensation or kept for sale. (Ord. No. 42-81)

Legal objector. An owner of record of property located such that said owner is among those to be notified of a public hearing for a proposed special use permit, variation, or zoning map amendment for property located adjacent to or across the street or alley from the property of such owner of record. (Ord. No. 87-83)

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

Loading and unloading space or berth, off-street. 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.

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

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

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

Lot frontage. The front of a lot shall be that boundary of a lot along a public street. (Ord. No. 139-86)

Lot of record. An area of land designated as a lot on a plat of subdivision recorded, pursuant to law.

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

Lot, interior. A lot other than a corner lot, with frontage on only one street. (Ord. No. 87-83)

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

Lot, through. 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. 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 areas.

Massage or massage therapy. A system of structured palpation or movement of the soft tissue of the body. The system may include, but is not limited to, techniques such as effleurage or stroking and gliding, petrissage or kneading, tapotement or percussion, friction, vibration, compression, and stretching activities as they pertain to massage therapy. These techniques may be applied with or without the aid of lubricants, salt or herbal preparations, hydro massage, thermal massage, or a massage device that mimics or enhances the actions possible by human hands. The purpose of the practice of massage is to enhance the general health and well-being of the mind and body of the recipient.

Massage establishment. Any establishment that provides massage as the primary means of business, employs at least one licensed massage therapist, and does not offer illicit sexual services under the guise of therapeutic massage. A massage establishment shall include any establishment having a fixed place of business where any person, firm, association, partnership, or corporation engages in, carries on or permits to be engaged in, carried on any of the activities mentioned in the definition of massage, including, but not limited to what are commonly known and referred to as spas, suntan spas, parlors, bathhouses and massage parlors. A massage establishment shall not include any accredited educational facility that teaches massage therapy or massage techniques, nor shall it include any licensed health care facilities, or establishments for duly licensed doctors. Salons, recreational facilities, or physical therapy offices which may offer massages as an accessory use to more dominant uses on the premises will not be considered as massage establishments.

Massage therapist. Any person who, for consideration of gratuity whatsoever, engages in the practice of massage as defined herein. A massage establishment may employ only persons that have a state license issued pursuant to the Illinois Massage Therapy Practice Act [225 ILCS 57/1 et seq.]. (Ord. No. 37-16, 11-7-2016)

Marquee or canopy. A roof like structure of a permanent nature which projects from the wall of a building and over-hangs the public way, and is designed and indented to protect pedestrians from adverse weather conditions.

Medical cannabis dispensing facility. A facility operated by an organization or business that is registered by the State of 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. (Ord. No. 26-14, 11-3-2014)

Mobile home. A manufactured unit, designed or intended for human habitation, which, after fabrication, can be transported on streets and highways in its own wheels, or on flat bed or trailers, and which is delivered substantially assembled and ready for human habitation except for utility connections and temporary or permanent foundations which may or may not be installed.

Mobile home park. A tract of land within a mobile home district upon which mobile homes and/or one-family detached dwellings are located for permanent habitation either free of charge or for revenue purposes.

Mobile home stand. That part of the individual mobile home site reserved for the mobile home itself.

Modular home. Manufactured housing constructed with standardized units or dimensions that meet all building code requirements. (Ord. No. 3-85)

Monument sign. A freestanding sign that does not utilize pylons, posts, poles or uprights for support, but instead is attached to a base made of natural materials such as granite, marble, or other similar materials that is anchored to the ground. (Ord. No. 17-12, 9-4-2012)

Motor home. A portable, temporary dwelling to be used for travel, recreational, or vacation uses, constructed as an integral part of a self-propelled vehicle.

Nonconforming lot. A lot of record existing at the date of the passage of this chapter which does not have the minimum width or contain the minimum area for the zone in which it is located.

Nonconforming structure. A lawful structure which exits upon the adoption or 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. The use of any structure or land lawfully occupied and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located, by reason of adoption of this chapter or amendments thereto.

Nursing home, rest home, convalescent home. 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 used primarily for the treatment of sickness, injuries or surgical care.

Obstruction. Any manmade object other than a structure. (Ord. No. 26-86)

Open sales lot. Any land used or occupied for the purpose of buying, displaying, rental/leasing, storing, and/or selling where greater than 30 percent of the stock-in-trade is stored on an open lot. (Ord 34-98)

Parking area, private. An open, hard-surfaced area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles and pickup trucks, but not including trailers, mobile homes or boats, or occupant of buildings for which parking is developed and is necessary.

Parking area, public. 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 1 ½ tons' capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.

Parking space, off-street. A useable off-street area with independent access, not included within the established front yard setbacks, at least nine feet by 18 feet for diagonal and perpendicular vehicle parking or at least eight feet by 22 feet for parallel vehicular parking. (Ord. No. 87-86)

Pet daycare facility. An establishment where domestic animals owned by another person are temporarily housed for compensation, for no longer than 12 hours at a time. (Ord. No. 43-15, 11-2-2015)

Pet services. A business offering grooming or training of cats, dogs, and other small domesticated pets. Does not include pet boarding, breeding, kenneling, shelters, veterinary clinics, or animal rescues.

Pick-up coach. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreational or vacation uses.

Planned community development. A development occupying not less than ten 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 (PUD). A type of development and regulatory process whereby multifamily residential developments consisting of nine or more dwelling units are required to meet the village's land use and design goals. A PUD is planned and built under specific development plans and a regulatory ordinance, thus fixing the type, scale, appearance, design and location of dwelling units over the entire project area.

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

Principal building or structure. A building or structure on a lot or parcel that is intended to be utilized for a principal use. (Ord. No. 42-20)

Principal use. The main use of land or buildings as distinguished from a subordinate or accessory use.

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

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

Recreational campground. A tract of land upon which recreational vehicles and/or tents are located and occupied as temporary dwellings for travel, recreational, or vacation purposes.

Recreational vehicle. A travel trailer, pick-up coach, motor home, camping trailer, or fifth wheel trailer.

Residential care homes. A maximum of eight unrelated persons living together as a single housekeeping unit to provide care and oversight, and other appropriate services to meet the social, recreational, medical, employment, educational, rehabilitative, and other therapeutic needs of the residents. Does not include nursing homes, hospitals, adult daycare centers, child daycare centers or a dwelling unit or living quarters which serves to house persons as an alternative to incarceration for a criminal offense. (Ord. No. 49-22, § 1, 11-7-2022)

Residential short-term rental. A single-family residential dwelling or room in a dwelling that is rented out by the property owner for a duration not to exceed 30 consecutive days. The rental of the premises is often facilitated by digital platforms, and these differ from a traditional bed and breakfast because an operator is not occupying the residence while providing meals or other provisions.

Retail sales. Purveyors of new or used goods who engage in the business of retail trade to the general public for personal or household consumption. The following types of retailers are included in the definition of retail sales: department stores; dollar or discount stores; bake shops; grocery stores; florists; home improvement centers; drug stores/pharmacies; resale shops. The sale of "retail sales" items includes, but is not limited to: antiques; apparel, shoes, and accessories; art supplies, including framing services; bicycle and accessory sales; cameras and photographic supplies; hobby and collectible items; fabrics and sewing supplies; electronics; jewelry; liquor; hardware; motor vehicle parts and accessories; health and beauty aids; home furnishings; furniture; luggage; leather goods; musical instruments, parts and accessories; medical and orthopedic supplies; print media items, including books, magazines, and newspapers; sporting goods and recreation equipment; stationery; toys and games; tobacco; vacuums and accessories.

Sexually oriented use. "Sexually oriented use" means any sexually oriented business, private club or lodge, establishment, or organization including, but not limited to, a sexually oriented arcade, a sexually oriented bookstore, sexually oriented video store, escort agency, strip club, swinger's club or a nude model studio. The following terms are defined as follows:

a.

"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 the depicting or describing "specified sexual activities" or "specified anatomical areas."

b.

"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 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 sexually oriented bookstore or 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.

c.

"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 (1) through (3) above.

d.

"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.

e.

"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.

f.

"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, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration.

g.

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

h.

"Specified anatomical areas" means the male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.

i.

"Strip club" means any business, club or lodge (public) or establishment where any persons perform any striptease or other erotic dance involving nudity, a state of nudity or any displays of specified anatomical areas.

j.

"Swingers club" means any business, club or lodge (public or private) or establishment where persons and/or couples engage in any specified sexual activities." (Ord. No. 46-92; Ord. No. 56-11, 12-5-2011)

Sign. 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.

Sign, abandoned. Any sign which is located on a property which becomes vacant, and which remains vacant for a period in excess of 30 days, and any sign which refers to a business or other activity, which has ceased operation for a period in excess of 30 days.

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

Sign, business. 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, flashing. An illuminated sign on which the artificial light is not kept stationary or constant in intensity at all times in which sign is in use. Illuminated signs which indicate the time, temperature, date or similar public service information shall not be considered "flashing signs."

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

Sign, gross area of. The entire area of all advertising surfaces shall be used in computing total gross area. It does not include any structural or framing elements lying outside the limits of such sign surface and not forming an integral part of the display.

Sign, off-premises identification. A sign giving only the name, trademark or other readily recognized symbol or address, or combination thereof, of a building, business, development or establishment, which sign is located off the lot on which such building, business, development or establishment is located.

Sign, permanent directory. A sign which is either projecting or freestanding that shall be utilized solely for the purpose of identifying the official name of the retail center, business or industrial park and provides a directory of the occupants of that retail center, business or industrial park which is comprised of more than one establishment, and which is located on one or more lots or parcels.

Sign, portable. 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.

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

Sign, special event. A sign calling attention to an annual or semi-annual special, unique or limited activity or service; a sign announcing an annual or semi-annual campaign, drive or event of a civic, philanthropic, educational, non-profit or religious organization. Special events may include but are not limited to the following: indoor and outdoor art, craft and plant shows; Christmas tree sales; carnivals, circuses, fairs, rodeos and parades. All of these events must take place within the village.

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

Structural alterations. 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. Anything which is constructed or erected with a fixed location on the ground or attached to something having fixed location on the ground. Among other things, structures include walls, buildings, fences, signs, mobile homes and swimming pools. The word "structure" includes the word "building."

Structure, temporary. A structure not designed for the permanent protection of property of any kind. A structure without any foundation or footings. (Ord. No. 27-96)

Temporary use or temporary structure. A temporary use or structure that is not otherwise treated by the zoning ordinance as a permitted or special use in a particular zoning district may be conducted or erected if the village staff issues a temporary use or structure permit. (Ord. No. 31-20)

Tent. A portable structure or enclosure primarily constructed of canvas, cotton, nylon, or similar materials. (Ord. No. 27-96)

Travel trailer. A mobile, portable structure, built on a chassis, pulled by a vehicle, and is designed to be used for temporary human habitation for travel, recreational and vacation uses. (Ord. No. 65-87)

Truck parking area or yard. 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 1 ½ tons in capacity.

Wind-operated energy devices. Those devices, such as windmills, which transform wind energy into mechanical force to operate electricity generators, pump water or perform other useful work. Installation of these devices are further designed as follows:

a.

Site service, where the majority of the power generated is used directly on the lot or parcel of land containing the installation or used on a limited number of surrounding lots whose owners have financial interest in the installation.

b.

Commercial service, where the majority of the power generated enters an energy grid system for general consumption on a fee basis.

Yard or setback. 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. The yard extending along the full length of the front lot line between the side lot lines. Any yard adjoining a public street shall be considered a front yard. (Ord. No. 135-86)

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

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

Zoning lot. A parcel of land considered or treated as a single unit. A zoning lot may or may not correspond with a lot of record.

Zoning maps. The map or maps incorporated into this chapter as a part thereof, designating zoning districts.

(Ord. No. 49-22, § 1, 11-7-2022; Ord. No. 41-23, § 4, 1-2-2024)

(1)

Minimum requirements. The provision of this chapter shall be held to the minimum requirements for carrying out the intent and purpose, as defined in section Z-2.

(2)

Relationship with other laws. Where the conditions imposed by any provision of this chapter upon the use of land, building, or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

(3)

Effect on private agreements. This chapter is not intended to abrogate any existing easement, covenant, condition, restriction or any other private agreement, provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements, all future easements, covenants, conditions, restrictions or other private agreements shall meet the minimum requirements of this chapter.

(1)

Changes in structures or use. Except as may otherwise be provided in article II of this chapter, all structures erected hereafter, all uses of land, or structures established hereafter, all structural alteration or relocation of existing structures occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such structures, uses, or land shall be located.

(2)

Nonconforming structures and uses. Any lawful structure or use existing at the time of the enactment of this chapter may be continued, even though such structure or use does not conform to the provisions of this chapter for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions of article II of this chapter.

(3)

Building permits. Where a building permit for a structure has been issued in accordance with law prior to the effective date of this chapter, and provided that construction is begun within 90 days of such effective date and diligently pursued to completion, such structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further may upon completion be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of article II of this chapter.

(1)

Use. No structure or land shall hereafter be used or occupied, and no structure or part thereof shall be erected, raised, moved, reconstructed, replaced, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located.

(2)

Bulk. All new structures shall conform to the building regulations established herein for the district in which each structure shall be located; except that parapet walls, windmills, aerial antennas, water towers, chimneys, cooling towers, elevator bulkheads, fire towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the village. (Ord. No. 35-90)

(1)

Maintenance of yards, courts and other open spaces. The maintenance of yards, courts and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts, or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.

(2)

Division of zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located.

(3)

Location of required open space. All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

(4)

Required yards for existing buildings. No yards now or here after provided for a building existing on the effective date of this chapter shall subsequently be reduced below, or further reduced below, if already less than, the minimum yard requirements of this chapter for equivalent new construction.

(5)

Permitted obstructions in required yards. The following shall be considered to be the only permitted obstructions when located in the required yards specified: (Ord. No. 25-86)

(a)

In all yards. Open terraces not over four feet above the average level of the adjoining ground but not including a permanently roofed-over terrace or porch; awnings and canopies; steps, four feet or less above grade, which are necessary for access to a permitted building, or for access to a zoning lot from a street or alley; chimneys projecting 18 inches or less into the yard; recreational and laundry-drying equipment; arbors and trellises, and flag poles.

(b)

In front yards. One-story bay windows projecting three feet or less into the yard; and overhanging eaves and gutters projecting three feet or less into the yard.

(c)

In rear yards. Enclosed, attached or detached off-street parking spaces; open off-street parking spaces; accessory sheds, tool rooms and similar buildings or structures for domestic or agricultural storage; balconies; breezeways and open porches; one-story bay windows projecting three feet or less into the yard; and satellite dish fixtures. (Ord. No. 66-85)

(d)

In side yards. Overhanging eaves and gutters projecting into the yard for a distance not exceeding 40 percent of the required yard width, but in no case exceeding 30 inches.

Fences, walls, hedges in all zone districts. In all districts fences, walls and hedges are permitted in required yards. In front yards fences, walls and hedges shall not exceed four feet in height. In side and rear yards fences, walls and hedges shall not exceed six feet in height. The following exceptions and additional requirements apply:

(1)

Permitted fence materials.

a.

Naturally resistant or treated wood.

b.

Brick or masonry.

c.

Wrought iron.

d.

Vinyl or composition plastic.

e.

Galvanized or coated chain link.

(2)

Temporary fencing. Snow fencing, garden fencing, and construction fencing do not require a fence permit, and shall only be allowed for the following purposes:

a.

Snow fences. Wood or plastic fencing for the purpose of directing the accumulation of drifting snow, permissible between November 1 and March 31.

b.

Garden fences. Chicken wire, field fencing, or similar for the purpose of enclosing and protecting garden areas, permissible between April 1 and October 31.

c.

Construction fences. Silt fencing, and temporary fencing or barriers to protect construction zone areas, permissible only in association with an active building permit.

(3)

Decorative post caps may extend up to eight inches above the maximum fence height, if the posts are spaced a minimum of 24 inches apart.

(4)

Any property located in a commercial or industrial district shall have effective screening along lot lines adjoining any residential district. Effective screening is to consist of a solid fence, wall or compact hedge not less than six feet nor more than eight feet in height.

(5)

Subject to the fencing requirements of the county health code, swimming pools shall be enclosed within a wall, fence, or hedge, with a maximum height of eight feet. Such fencing may be an extension of bearing walls of existing structures in the rear yards, but shall not project closer than six feet to the side or rear lot line.

(6)

Dumpsters and recycling disposal areas shall be effectively screened by a solid fence or wall to avoid the scattering of debris and improve the aesthetics of the area.

(7)

Open-mesh type fencing is permitted to enclose school sites.

(8)

All lots that have frontage on two parallel streets, excepting corner lots, one of which is an arterial street, as designated in the Machesney Park master plan, a six-foot fence may be placed on the property line along the arterial street, if the access to the property is from the other parallel street.

(9)

All fences, walls, hedges and trees which may be in conflict with public traffic signals or signs, railroad signals or signs, emergency lights or the movement of traffic shall not be permitted.

(10)

All corner lots fences, walls and hedges within one-half of the right-of-way width from the intersection of the nearest right-of-way lines, shall not exceed three feet in height. (Ord. No. 56-96)

(11)

On corner lots, fences located in front yards, which includes corner side yards abutting a public roadway, or rear yards abutting a public roadway, shall be permitted up to six feet in height, provided that fences exceeding four feet in height be set back a minimum of three feet from the corner side yard property line. However, in front yard areas parallel to the front façade of the home, fences shall not exceed four feet in height. The front façade of the home shall be the side where the front entrance is located, that faces the roadway on which the home is addressed. (Ord. No. 23-17)

(12)

Fences surrounding ground-mounted solar arrays or community solar projects may not exceed seven feet in height. Fences surrounding solar arrays or community solar projects may be comprised of chain link fencing, but in no case shall barbed wire be used. In cases where solar arrays are located such that there may be an immediate visual impact upon surrounding properties, village staff may require a solid, sight obscuring fence be installed.

(Ord. No. 01-20)

(1)

Contiguous parcel. When two or more parcels of land, any of which lacks adequate area or dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be combined and used as one zoning lot for such use. Said parcels of land which are of record at the time of adoption of this ordinance shall be divided into lots of a size not less than 75 percent of the required area in said district, provided that yards, courts, or usable open spaces are not less than 75 percent of the minimum required dimensions or areas.

(2)

Lots or parcels of land of record. Any single lot or parcel of land, held in one ownership, which was of record at the time of adoption of this ordinance amendment, that does not meet the requirements of minimum lot width and area, may be utilized for a permitted use, provided that yards, courts or usable open spaces are not less than 75 percent of the minimum required dimensions or areas.

(3)

Irregular lots. All setbacks shall be determined by the planning and zoning manager according to principles as set forth for yard setbacks in this chapter.

(1)

In the RR, R1 and R2 districts, not more than one dwelling shall be permitted on a zoning lot, subject to the following. Where a dwelling or mobile home presently exists on a zoning lot, the residential use of that dwelling or mobile home may be continued during the period of construction of a new dwelling upon that zoning lot. However, the existing dwelling or mobile home must be removed from the zoning lot within 14 days after the date of issuance of the certificate of occupancy for the new dwelling. Provided further that under no circumstances shall the existing dwelling or mobile home remain on the property for more than one year after the issuance of a building permit for the new building. (Ord. No. 17-89)

(2)

In the AG district, more than one dwelling shall be permitted on a zoning lot, provided that the site for each dwelling shall be not less than five acres in area and shall have not less than 250 feet of frontage on a public highway, subject to the following. Where a dwelling or mobile home presently exists on a zoning lot, the residential use of that dwelling or mobile home may be continued during the period of construction of a new dwelling upon that zoning lot. However, the existing dwelling or mobile home must be removed from the zoning lot within 14 days after the date of issuance of the certificate of occupancy for the new dwelling. Provided further that under no circumstances shall the existing dwelling or mobile home remain on the property for more than one year after the issuance of a building permit for the new building. (Ord. No. 17-89)

(3)

In the R3 and R4 districts, more than one dwelling may be permitted on a zoning lot, subject to the following. In addition to the yards and setbacks established by this chapter, the following additional setbacks between dwellings shall be required where there is more than one dwelling on a zoning lot:

(a)

Side to side: A minimum of ten feet is required.

(b)

Side to back: A minimum of 20 feet is required.

(c)

Front to front: A minimum of 60 feet is required.

(d)

Front to side: A minimum of 20 feet is required.

(e)

Front to back: A minimum of 60 feet is required.

(f)

Back to back: A minimum of 40 feet is required.

(g)

All yards shall be increased by one foot for every increase of four feet in height if either of the adjacent buildings are greater than 25 feet in height.

(1)

Location. When a rear yard is required, no part of an accessory building shall be located closer than three feet to the rear lot line or to the side lot line.

(2)

Rear yard location abutting public roadway. Where a single-family residential or two-family residential lot lies between two parallel roadways, accessory buildings in the yard area opposite the front of the home shall abide by rear yard setback requirements, rather than front yard setback requirements. (Ord. No. 33-18, 10-1-2018)

(3)

Location and distance from residential building.

(a)

Overhanging eaves or gutters on an accessory building may project not more than eight inches into the minimum required setbacks or yards specified above.

(b)

In all residential districts, or in any zoning district in which the property is used primarily for residential purposes, a detached accessory building shall be located not less than ten feet from the principal building on the property. Accessory buildings located closer than ten feet from the principal building shall be required the same side yard setbacks as required for the principal building in the zoning district in which the property lies. (Ord. No. 91-85)

(c)

Accessory buildings within ten feet of the principal building must have one hour fire rating wall on the side nearest the residentially used building. (Ord. No. 4-84)

(4)

Time of construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

(5)

Percentage of lot area occupied. The total square footage of all accessory structures located on a lot shall not exceed the square footage of the principal structure and shall not occupy more than ten percent of the lot area to a maximum of 1,000 square feet of accessory use per residential lot or a maximum of 1,800 square feet of accessory use on lots of one half acre or larger. This does not include swimming pools or carports which are unenclosed on three sides. Only three accessory structures shall be allowed per residential lot. (Ord. No. 27-84; Ord. No. 64-65; Ord. No. 118-88)

(6)

Height of accessory building in required rear yards. No accessory building or portion thereof located in a required side or rear yard shall exceed 15 feet in height.

(7)

Temporary structure. Unless otherwise provided, temporary structures shall not be used for the storage of property for more than 30 days for a 12-month period, and shall comply with all other elements of sec. Z-12 (accessory buildings) with the following exception:

(a)

Tents used exclusively for recreational purposes shall be exempt from the above restrictions. (Ord. No. 27-96)

(8)

In commercial and office districts. Accessory structures in commercial and office districts shall not be allowed except as identified on the approved site plan or unless all applicable approvals and permits are obtained prior to the start of construction or placement of said structure with the following exception:

[(a)]

Drop-box. Drop-boxes shall be prohibited in the commercial neighborhood and office districts.

(9)

Shipping containers, modified or unmodified. Shipping containers, pods, and other storage containers shall not be permitted as permanent structures in any zoning district. These containers may be allowed temporarily, in accordance with the temporary structures subsection.

(Ord. No. 07-22)

Where a use is classified as a special use under this chapter and exists as a permitted use at the date of the adoption of this chapter, it shall be considered a legal use, without further action of the village board, the planning and zoning manager or the planning commission.

Where a vacant single-family lot was previously platted, with dimensions less than the current required minimum single-family residential (R1) lot width of 60 feet and/or an area less than the current required minimum single-family residential (R1) lot area of 7,920 square feet, the construction of a single-family home shall be permitted as long as the lot width and/or area is not less than 70 percent of the requirement and all required yard setbacks are observed. (Ord. No. 16-17, 7-17-2017)

Where a block is at least 40 percent occupied by permanent buildings at the time of the passage of this chapter, the average of the distances of the street walls of such buildings from the street right-of-way line shall be the requirements of each district, but in no case shall a setback of greater than 60 feet be required. (Ord. No. 49-83)