In accordance with state law, this chapter regulates structures and land uses in order to preserve, protect, and promote the public health, safety, and welfare through implementation of this village's comprehensive plan. More specifically, this chapter is intended to assist in achieving the following objectives:

(1)

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

(2)

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

(3)

To conserve and increase the value of taxable property throughout this village;

(4)

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

(5)

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

(6)

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

(7)

To guide the provision of water mains, sanitary sewers, stormwater sewers, and other utilities and services, and to reduce the initial costs and future maintenance expenses thereof;

(8)

To provide for the efficient administration and fair enforcement of all regulations set forth in this section; and

(9)

To clearly and concisely explain the procedures for obtaining variances, special use permits, amendments, and the like.

(Ord. No. 95-4, § 1-1, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

This chapter shall be applicable within the corporate limits of this municipality, and within contiguous territory not more than 1.5 miles beyond the corporate limits and not included within any municipality.

(Ord. No. 95-4, § 1-2, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

State Law reference— Zoning authority, 65 ILCS 5/11-13-1.

In construing the intended meaning of terminology used in this chapter, the following rules shall be observed:

(1)

Terms and phrases shall have the meanings respectively ascribed to them in section 70-4 unless the context clearly indicates otherwise; terms not defined in section 70-4 shall have their standard English dictionary meanings.

(2)

Terms denoting the masculine gender shall be deemed to include the feminine and neuter genders.

(3)

Terms used in the present tense shall include the future tense.

(4)

Terms used in the singular number shall include the plural number, and the plural the singular.

(5)

The term "shall" is mandatory; the term "may" is discretionary.

(6)

The term "this municipality" shall mean the village.

(7)

The terms, "lot," "parcel," "tract," and "site" shall be synonymous. (See the definition of the term "plot.")

(8)

The terms "extended," "enlarge," and "expand" shall be synonymous (See the definition of the term "enlarge.")

(9)

The terms "abutting," "adjacent," and "continuous" shall be synonymous. (See the definition of the term "abutting.")

(10)

All distances shall be measured to the nearest integral foot; six inches or more shall be deemed one foot.

(11)

Reference to sections shall be deemed to include all subsections within that section; but a reference to a particular subsection designates only that subsection.

(12)

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

(Ord. No. 95-4, § 2-1, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

As used in this chapter, the following terms shall have the meanings indicated, unless such construction would be inconsistent with the manifest intent of the board of trustees:

Abutting means having a common lot line or district line.

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

Accessory use means any structure or use that is:

(1)

Subordinate in size or purpose to the principal structure or use which it serves;

(2)

Necessary or contributing to the comfort and convenience of the occupants of the principal structure or use served; and

(3)

Located on the same lot as the principal structure or use served.

Administrator means the official appointed by the president of this municipality with the advice and consent of the village board to administer this chapter, or his representative.

Agriculture means any one or any combination of the following: the growing of farm or truck garden crops, dairying, pasturage, horticulture, floriculture, viticulture, or animal/poultry husbandry. The term "agriculture" encompasses accessory uses and structures customarily incidental to agricultural activities.

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

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

Alter means to change the size, shape, or use of a structure.

Amendment means a change in the provisions of this chapter properly affected in accordance with state law and the procedures set forth in this chapter.

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

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

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

Bar shall mean a room(s) or a counter accessory to the principal use of the building or tenant space in the building where alcoholic beverages are served for consumption on the premises.

Basement means that portion of a building which is partly or completely below grade. (See also Story above grade.)

Bed and breakfast means a residential building or portion thereof, other than a motel or hotel, containing lodging rooms for accommodation of one to ten persons who are not members of the keeper's family, and where lodging or meals, or both, are provided.

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

Board of appeals means the board of zoning appeals of this municipality.

Boardinghouse means a residential building or portion thereof, other than a motel or hotel, containing lodging rooms for accommodation of three to ten persons who are not members of the keeper's family, and where lodging or meals, or both, are provided.

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

Building means any covered structure permanently affixed to land and designed or used to shelter persons or chattel.

Building height means the average height of a building measured from grade to peak. This measurement includes the full vertical height of the side wall plus ½ the vertical distance from the top of the side wall to the peak of the roof. Chimneys, towers, cooling towers, and similar projections (other than signs) shall not be included in calculation building height.

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

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

(1)

Size or height of structures;

(2)

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

(3)

Lot area;

(4)

Yards or setbacks.

Centerline means:

(1)

A centerline of any right-of-way having a uniform width;

(2)

The original centerline, where a right-of-way has been widened irregularly;

(3)

The new centerline, whenever a road has been relocated.

Certificate of zoning compliance, initial, means a permit issued by the administrator indicating that proposed construction work is in conformity with the requirements of this chapter and may, therefore, proceed.

Certificate of zoning compliance, final, means a permit issued by the administrator indicating that a newly complete structure complies with all pertinent requirements of this chapter and may, therefore, be occupied or used.

Clinic means an establishment wherein licensed practitioners provide physical, and/or mental, restoration services, but where overnight lodging for sick or injured persons is not provided.

Club/lodge means a nonprofit association of persons who are bonafide members organized for some purposes and paying regular dues and whose facilities are restricted to members and their guests; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

Commercial use/establishment means any use or establishment wherein goods are purchased or sold, whether to the consuming public (retail) or to other businesses (wholesale).

Comprehensive plan means the plan or any portion thereof adopted by this municipality to guide and coordinate the physical and economic development of the community. The comprehensive plan includes, but is not limited to, plans and programs regarding the location, character, and extent of highways, bridges, public buildings or uses, utilities, schools, residential, commercial, or industrial land uses, parks, drainage facilities, etc.

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

Convenience shops means any small retail commercial or service establishment offering goods/services primarily to the residents of a particular multiple-family complex, mobile home park, or similar development.

Corrective action order means a legally binding order issued by the administrator in accordance with the procedures set forth in this chapter to effect compliance with this chapter.

Day care center. See Nursery school.

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

Dimensions means measurements of both lot depth and lot width.

District, zoning, means a portion of the territory of this municipality wherein certain uniform requirements or various combinations thereof apply to structures, lots, and uses under the terms of this chapter.

Drive-in restaurant means an establishment principally used for the sale of fast order food. Fast order food includes food that is:

(1)

Primarily intended for immediate consumption;

(2)

Available after a short waiting time; and

(3)

Packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold.

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

Dwelling, detached, means a dwelling unit which is entirely surrounded by open space on the same lot and not connected in any manner to another dwelling unit.

Dwelling, multiple-family, means one building consisting of three or more dwelling units, each of which is attached to at least one other dwelling unit, by a common wall extending from floor to ceiling and from exterior wall to exterior wall, or by a horizontal structural floor assembly extending from an exterior wall to an exterior wall, except for a common stairwell exterior to the dwelling units.

Dwelling, single-family attached, means a dwelling unit which is attached to another dwelling unit by a common wall extending from the floor to the ceiling and from an exterior wall to an exterior wall.

Dwelling, single-family detached, means a detached dwelling unit designed for and intended for use by one family or one household.

Dwelling, two-family attached, means one building consisting of two dwelling units attached by a common wall extending from the floor to the ceiling and from an exterior wall to an exterior wall, or by a horizontal structure floor assembly extending from an exterior wall to an exterior wall, except for a common stairwell exterior to both dwelling units.

Dwelling unit means a room or group of rooms meeting minimum habitable room sizes as required by the village's building code which are arranged, designed, used or intended for use exclusively as living quarters for one family or one household, including sleeping, cooking, eating, and sanitation facilities. This definition includes manufactured and modular homes but not mobile homes.

Easement means a right to use another person's real property for a certain limited purpose.

Enclosed means covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior walls, with openings only for windows and doors.

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

Erect means to build or construct.

Establishment means either of the following:

(1)

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

(2)

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

a.

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

b.

The activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.

Existing means actually constructed or in operation on the effective date of Ordinance No. 95-4.

Family means one person or two or more persons related to each other by blood, marriage, adoption, or not more than three unrelated persons, maintaining a common household in a dwelling unit.

Floor area, gross, means the floor area within the perimeter of the exterior walls of the building under consideration, including hallways, stairs, closets, thickness of walls, columns or other features. Gross floor area includes all stores that are above grade, including mezzanines and habitable attic space. It does not include basements, unenclosed porches, or attics not used for human occupancy.

Floor area, ground, means the lot area covered by a principal building, measured at grade, from the exterior faces of the exterior walls, by excluding open porches or terraces, garages or carports, except the floor area of the ground floor height and the floor area above the garage is used or intended for use as a part of the principal use.

Floor area ratio means a bulk requirement to limit the proportion of a building's size to its lot as determined by dividing the gross area of all buildings (inclusive of garages and accessory buildings) on a lot by the area of that lot.

Frontage means the lineal extent of the front (streetside) of a lot.

Grade plane means a reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, when the lot line is more than six feet from the building, between the building and a point six feet from the building.

Greenhouse. See Nursery.

Group home (small) means, a dwelling for six or less persons not related by blood, marriage or adoption who live together as a single housekeeping unit, and which contains common cooking facilities and common living and eating areas. Group homes include, but are not limited to, convents, residences for disabled persons, orphanages and monasteries. Group homes do not include residences that serve as an alternative to incarceration for persons convicted of criminal offenses, or residences for persons whose primary reason for placement therein is the treatment of a communicable disease.

Group home (large) means, a dwelling for more than six persons not related by blood, marriage or adoption who live together as a single housekeeping unit, and which contains common cooking facilities and common living and eating areas. Group homes include, but are not limited to, convents, residences for disabled persons, orphanages and monasteries. Group homes do not include residences that serve as an alternative to incarceration for persons convicted of criminal offenses, or residences for persons whose primary reason for placement therein is the treatment of a communicable disease.

Habitable space means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

Hereafter means any time after the effective date of the ordinance from which this chapter is derived.

Home occupation means an occupation, profession, or other business activity that is clearly a customary, incidental, and secondary use of a residential dwelling unit which does not alter the exterior of the building or lot or affect the residential character of the neighborhood.

Hospital means an institution devoted, on an around-the-clock basis, to the maintenance and operation of facilities for the diagnosis, treatment, or care of members of the general public suffering from disease, injury, or other abnormal physical conditions. The term "hospital," as used in this chapter, includes sanitariums but excludes institutions operating solely for the treatment of insane persons, drug addicts, and alcoholics, and convalescent/nursing homes.

Intensify means to increase the level or degree of.

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

Junkyard means a tract of land, including any accessory structures thereon, that is used for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste or scrap materials. Such scrap materials include vehicles, machinery, and equipment not in operable condition (or parts thereof), and metals, glass, paper, plastics, rags, and rubber tires. A lot on which three or more inoperable vehicles are stored shall be deemed a junkyard. A junkyard includes an automobile wrecking yard.

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

Loading space means an off-street space used for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

Lot means a tract of land intended as a unit for the purpose (whether immediate or future) of transfer of ownership or development. The term "lot" may or may not coincide with the term "lot of record."

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

Lot, corner, means a lot having at least two adjacent sides that abut for their full length upon streets. Both such side lines shall be deemed front lot lines.

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

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

Lot line, front, means the lot boundary abutting the street.

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

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

Lot of record means a lot which is part of a subdivision or a parcel of land whose boundaries have been established by some legal instrument, and is shown on a map or plat thereof, which has been legally recorded in the office of the county recorder of deeds. A lot of record may or may not coincide with a zoning lot.

Lot pins. See Surveyor's pins.

Lot size requirements means the lot area, width, and depth requirements of the applicable zone district.

Lot, through, means a lot having a pair of approximately parallel lot lines that abut two approximately parallel streets. Both such lot lines shall be deemed front lot lines.

Lot width means the horizontal width of a lot measured at the front building line.

Lot, zoning, means a single tract (or combination of tracts) of land located within a single block, which (by filing and recording an affidavit for the use of more than one lot at the time of application for a building permit) is designated by the owner or developer as a tract to be used, developed, or built upon as a unit under single ownership or control. A zoning lot may or may not coincide with a lot of record.

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

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

Mobile home means a manufactured structure designed to permit less transport on its own wheels, containing complete kitchen and sanitary facilities, and used as a longterm dwelling by one family.

Nonconforming means, as applied to a lot, structure, or use, lawfully existing on the effective date of the Ordinance No. 95-4 from which this chapter is derived, but not in compliance with the applicable provisions thereof.

Nonconforming lot means a lot of record existing at the effective date of Ordinance No. 95-4, or amendment thereto, (and not created for evading the restrictions of this chapter) that does not meet the minimum area requirement of the district in which the lot is located or dimensional requirements of article III of this chapter.

Nonconforming situation means a situation that occurs when, on the effective date of Ordinance No. 95-4, or amendment thereto, any existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum size requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this chapter, or because the land or building are used for purposes made unlawful by this chapter.

Nonconforming use means a nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with operating a retail clothing store in a residentially zoned area constitutes a nonconforming use.)

Nonconformity, dimensional, means a nonconforming situation that occurs when the height of a structure, or the relationship between an existing building and other buildings or lot lines, does not conform to the regulations applicable to the district in which the property is located.

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

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

Nursery school means an establishment for the part-time care and/or instruction at any time of day of four or more unrelated children of preelementary school age.

Nursing home means a building used as a medical care facility for persons who need longterm nursing care and medical service, but do not require intensive hospital care.

Office means any building or portion thereof in which the business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted.

Parking area/lot, off-street, means land that is improved in accordance with this chapter and used primarily for the storage of passenger motor vehicles, free of charge or for compensation. An off-street parking area, depending on the circumstances of its use, may be either a principal use or an accessory use.

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

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

Person means any individual, firm, association, organization, or corporate body.

Planned development means a tract of land which is planned as a whole for developments under a single ownership or control in accordance with the planned development section (article x), and which, by virtue of such unified planning and development, provides greater amenities, convenience or other benefits (especially open space) than would normally be had through the development of diverse smaller tracts under multiple ownership. A planned development may contain one type of use or a variety of uses.

Planning (plan) commission means the planning commission of this municipality.

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

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

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

Property line. See Lot line.

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

Recreational vehicle means encompassing any type of vehicle used primarily for pleasure such as travel trailers, motor homes, boats, snowmobiles, etc.

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

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

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

Restrictive means tending to keep within prescribed limits.

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

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

Roominghouse. See Boardinghouse.

Sanitarium. See Hospital.

Sanitary landfill means a tract of open land used for the permanent disposal of refuse in accordance with the requirements of the state environmental protection agency. At a sanitary landfill the refuse is regularly covered with topsoil.

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

Self-service storage facility means a building or group of buildings in a controlled access compound that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of customer's nonhazardous personal property or goods.

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

Service use/establishment means any use or establishment wherein services are provided for remuneration either to individuals or to other firms.

Setback means the minimum horizontal distance between a street line and the nearest wall of a building or side of a structure facing such street line, or the edge of the area of operation of a principal use involving no building or structure.

Setback line. See Building line.

Skirting means the covering affixed to the bottom of the exterior walls of a mobile home to conceal the underside thereof.

Special use means a use that has unusual operational, physical, or other characteristics which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district. Special uses commonly must meet special standards not necessarily applicable to permitted uses in the district, and are allowed only by permit.

Special use permit means a permit issued in accordance with the provisions of this chapter to regulate development of a special use.

Stop order means a type of corrective action order used by the administrator to halt work in progress that is in violation of this chapter.

Story above grade means any story having its finished floor surface entirely above grade except that a basement shall be considered as a story above grade when the finished surface of the floor above the basement is:

(1)

More than six feet above the grade plane;

(2)

More than six feet above the finished ground level for more than 50 percent of the total building perimeter; or

(3)

More than 12 feet above the finished ground level at any point.

Street means a public or private way for motor vehicle travel. The term "street" includes a highway, thoroughfare, parkway, through way, road, pike, avenue, boulevard, lane, place, drive, court, and similar designations, but excludes any alley or a way for pedestrian use only.

Street, private, means any street providing access to abutting property that is not maintained by and dedicated to this municipality or other public entity.

Stringent means binding or exacting.

Structure means anything constructed or erected on the ground, or attached to something having a fixed location on the ground. All buildings are structures, but not all structures are buildings.

Structure, temporary, means any structure that is not attached to a permanent foundation.

Surveyor's pins means pins placed by a licensed surveyor at each corner of a lot which identifies that lot according to the appropriate landmarks. Such pins are to be a minimum of 18 inches in length and one inch in diameter.

Tavern shall mean an establishment for the retail sale of beer, wine and other alcoholic beverages for consumption on the premises and providing a menu of food items prepared as specified by classification of village liquor license obtained. Pursuant to obtaining the additional proper classification of village liquor license, the incidental sale of packaged liquor may be provided. (See Chapter 6)

Temporary use permit means a permit issued in accordance with the provisions of this chapter and valid for not more than one year, which allows the occupation of a temporary structure or the operation of a temporary enterprise.

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

Travel trailer means a mobile structure designed for temporary occupancy.

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

Use variance means a type of amendment (not variance) that allows a use in a district where such use would not be allowed under existing provisions of this chapter.

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

Variance means a modification of the specific requirements of this chapter reviewed by the board of appeals and granted by the board of trustees under the terms of this chapter for the purpose of ensuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district. Such modifications do not include authorizing a use not among the uses specified by this chapter as permitted in the district in which such property is located.

Vehicle sales means sale of operable, self-propelled, passenger-carrying vehicles of GVWR of 10,000 pounds or less with a maximum of two axles and towable, noncommercial trailers of GVWR of 5,000 pounds or less with a maximum of two axles.

Veterinary hospital/clinic means a facility operated by a licensed doctor of veterinary medicine for the purpose of diagnosis, treatment, or care of animals. The facility may also be used for the boarding of animals.

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

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

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

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

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

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

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

Zoning officer. See Administrator.

(Ord. No. 95-4, § 2-2, 4-12-1995; Ord. No. 99-11, § 1, 11-10-1999; Ord. No. 2000-06, § 1, 5-24-2000; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Cross reference— Definitions generally, § 1-2.

(a)

No structure or part thereof shall be erected, used, occupied, enlarged, altered, relocated, or reconstructed except in conformity with the provisions of this chapter. Similarly, no lot or plat thereof shall be used, occupied, or developed except in conformity with the provisions of this chapter.

(b)

In R-1, R-2, and R-3 residence districts every dwelling or multiple-family building erected or structurally altered under this chapter shall be located on a lot and there shall not be more than one principal building on a lot.

(Ord. No. 95-4, § 3-16, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

No building shall be erected on any lot unless such lot abuts, or has permanent easement or access to, a public street or private street.

(Ord. No. 95-4, § 3-9, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

(a)

Every lot with multiple frontages (such as corner or through lots) shall meet the front setback requirements of the district in which it is located on every side having frontage. For lots which are less than 125 feet in depth in existence at the time of the passage of this chapter (April 12, 1995), the rear yard required shall be reduced to 20 percent of the total depth of such lot.

(b)

The side yard regulations shall apply to both sides of the lot, except in the case of reversed frontage where the building faces the side street. In this case, there shall be a side yard on the street side of not less than the front yard required on the lots in the rear of such building. No accessory buildings on such corner lots shall project beyond the front yard line of the lots in the rear. This subsection shall not be interpreted so as to reduce the buildable width of a corner lot facing on an intersecting street to less than 28 feet.

(Ord. No. 95-4, § 3-10, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Except as specifically provided otherwise, in all residential zoning districts and in the C, commercial district, where lots have 50 percent or more of the frontage on one side of a street between intersections (that is, in one block) are developed with buildings, and the front setbacks of those lots do not differ by more than ten feet, the minimum required front setbacks on that block shall be the average of the existing front setbacks; provided, however, that in any built-up area, no front setback less than 15 feet shall be permitted, nor shall any front setback greater than 50 feet be required. Notwithstanding the foregoing, commercial-zoned lots located in the "central business district;" defined as that are bounded on the north by the railroad, on the east by the alley between Third and Fourth Streets, on the south by Washington Street and on the west by Second Street, shall be allowed minimum front setbacks no less than the average front setback of all other buildings located within that block.

(Ord. No. 95-4, § 3-11, 4-12-1995; Ord. No. 2005-03, § 1, 6-8-2005; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

To the extent indicated in this section, the following feature of principal buildings may intrude into required yards without thereby violating minimum requirements:

(Ord. No. 95-4, § 3-12, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

(a)

Necessary appurtenances. Chimneys, church spires, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas, or other necessary appurtenances commonly constructed above the roofline shall be permitted to exceed the maximum height limitations of the district in which they are located if they comply with all other pertinent ordinances of this municipality.

(b)

Intersections. On corner lots, in the triangular portion of land bounded by the street lines of such corner lots and a line joining the two points each of which is on one street line and 30 feet from the point of intersection, no obstruction, whether natural or manmade, shall intrude into the air space that is between two and ten feet above the level of the adjacent street.

(Ord. No. 95-4, § 3-13, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

All vehicle sales, as permitted under this chapter, as amended, must also comply with applicable state law as contained in 625 ILCS 5/5-100 et seq. with dealers being licensed in accordance thereof.

(Ord. No. 2000-06, § 2, 5-24-2000; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

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

(Ord. No. 95-4, § 1-3, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

(a)

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

(b)

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

(Ord. No. 95-4, § 1-4, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)