(A)   Definition: A legally divided area or portion of land under single ownership or control that is intended to be occupied by one use or one main building or structure. Within all districts, all lots shall be lots of record when less than five (5) acres in size as required by and in conformance with the village subdivision regulations and the state plat act. Legally divided areas of land or lots in excess of five (5) acres shall be eligible for special uses only in any zoning district, and as determined and accepted by the village board. In addition, the village will recognize as legal only those lots that have met all applicable regulations and fees of the subdivision ordinance.

   (B)   Permit Issuance: Under no circumstances shall a permit of any type be issued for any parcel of land which has not been recognized as a legal lot by the village.

   (C)   Number Of Buildings On A Lot: Not more than one principal building may be located on a single lot of record or a single lot unless otherwise authorized within each zoning district.

   (D)   Division Of Lots: No lot shall be divided into two (2) or more lots for the purpose of transfer of ownership, unless the division shall conform with all the applicable regulations of the village subdivision regulations and this title. Any violation of this section will result in village refusal to accept such divisions as legal lots until all requirements have been met and applicable fees paid.

   (E)   Through Lots: On vacant through lots, the front lot lines shall be along the street right of way designated by the code enforcement officer, except that when a front lot line has been established on one or more lots in the same block and all have front lot lines established along the same street right of way, the street right of way line designated as the front lot line for such lot or lots shall be the front line on all vacant through lots for such block. Only such obstructions as herein permitted in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard.

   (F)   Corner Lots: On a corner lot, the front lot line shall be the lot line as determined by the code enforcement officer. The required front yard setback on corner lots shall apply to each side of the lot facing a street.

   (G)   Two Uses On A Lot: Where two (2) or more permitted or special uses, each requiring a minimum area and frontage, are provided in the same building or on the same lot, the required area and frontages shall be the sum of the areas and frontage required for each use individually.

   (H)   Street Frontage And Access: Every lot must have frontage on a public street and must be provided with facilities for ingress and/or egress to and from such public street conforming to such standards as to design and location as meet the requirements set forth by the village and are approved by the road authority onto whose road or street such ingress and/or egress is to be made. Residential lots which abut upon major streets shall also abut upon a local street. Vehicular access to such lots shall be to the local street only. Frontage on any alley shall not be constructed as satisfying the requirements of this title related to frontage on a dedicated street.

   (I)   Angular Lots: Angular lots in residential zones shall have a minimum width of seventy feet (70') measured at the building setback line.

   (J)   Lot Dimensions: Lot dimensions shall conform to the requirements of the appropriate zoning classification, but in no case shall a lot have an average depth of less than one hundred twenty feet (120'). In the case of double frontage or reverse frontage lots, the minimum average depth shall be one hundred fifty feet (150').

   (K)   Existing Lots: Any lot in a single ownership, which was of record at the time of the adoption hereof, that does not meet the requirements of this title as to area and lot width which is located in a residential district, may be utilized for single- family residence purposes, provided that it qualifies under all other regulations. This shall not be interpreted to reduce the buildable width of a corner lot, or a corner lot and adjoining lot in single ownership, subdivided and recorded by law at the time of the passage hereof, to less than one hundred feet (100'). (Ord. 99-06, 6-21-1999)

The following general provisions dealing with open space, lot coverage, yards, setbacks, vision clearance, and permitted obstructions are provided for herewith:

   (A)   Provisions Of Open Space: The provisions 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 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, or other open space or minimum lot area requirements for any other building.

   (B)   Location Of Open Space: All yards, courts, and other open space allocated to a building or group of buildings shall be located on the same zoning lots as such building or group of buildings.

   (C)   Yards For Existing Buildings: No yard now or hereafter provided for a building existing on the effective date of the zoning ordinance shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirement of the title for equivalent new construction. However, a yard adjoining a street may be reduced to provide right of way for a street widening.

   (D)   Required Setbacks: Notwithstanding any other provision of this title, no building or structure shall be erected, constructed, structurally altered, or enlarged within thirty feet (30') of a planned public right of way.

   (E)   Required Yard Applies To One Building Only: No part of a yard, or other open space, or off street parking or loading space required for or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off street parking or loading space, similarly required for any other building.

   (F)   Exception For Established Setbacks:

      1.   Where fifty percent (50%) or more of the frontage of one side of a street between two (2) intersecting streets is developed with buildings that have observed (within a variance of 10 feet or less) a front yard greater in depth than required herein, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.

      2.   Where fifty percent (50%) or more of the frontage on one side of a street between two (2) intersecting streets is developed with buildings that have not observed a front yard as herein required, then:

         (a)   Interior Lots:

            (1)   Where a building is to be erected within one hundred feet (100') of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the two (2) existing buildings.

            (2)   Where a building is to be erected within one hundred feet (100') of an existing building on one side only, it may be erected as close to the street as the existing building.

         (b)   Corner Lots: The depth of the setback lines shall be as normally required in the district where the lot is located.

   (G)   Line Of Sight/Vision Clearance: In residence districts, the location of buildings, structures and landscaping on corner lots shall be regulated so as not to obstruct the vision of drivers of motor vehicles. No buildings or structures shall be erected or maintained, nor any landscaping planted, grown or maintained to a height of more than two feet (2') within a triangular area determined by a diagonal line connecting two (2) points measured along the property lines of the abutting streets thirty feet (30') equidistant from the intersection of those property lines. (Ord. 99-06, 6-21-1999)

   (H)   Permitted Obstructions In Required Yards: The following shall not be considered to be obstructions when located in the required yards specified:

      1.   All Yards: In all yards, except as limited below:

         (a)   Open terraces not over three feet (3') above the average level of the adjoining ground, but not including a permanently roofed over terrace or porch;

         (b)   Awnings and canopies, but not projecting more than five feet (5') out in any residential district nor more than ten feet (10') out in any commercial or industrial district, and at least seven feet (7') above the average level of the adjoining ground;

         (c)   Steps, four feet (4') 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;

         (d)   Chimneys projecting eighteen inches (18") or less into the yard;

         (e)   Arbors, trellises, flagpoles, fountains, sculptures, plant boxes, and other similar ornamental objects;

         (f)   Recreational devices, except in front yards; provided, however, that freestanding basketball standards are not governed by this section;

         (g)   Walls in the side and rear yards only; and

         (h)   Overhanging eaves and gutters projecting three feet (3') or less into the yard.

      2.   In Front Yards: One-story bay windows projecting two feet (2') or less into the yard. (Ord. 07-09, 7-16-2007)

      3.   In Rear Yards:

         (a)   Enclosed, attached, or detached off street parking spaces;

         (b)   Accessory shed, toolroom, and similar buildings or structures for domestic or agricultural storage;

         (c)   Balconies, breezeways, and open porches;

         (d)   One-story bay windows projecting two feet (2') or less into the yard; and

         (e)   Nonmechanical laundry drying equipment.

   In a residential district, no accessory building shall be closer to the rear lot line than five feet (5'). (Ord. 09-24, 2-1-2010)

      4.   In Side Yards: Open off street parking may be permitted in side yards, subject to limits of subsection (G) of this section and subsection 9-12-2(G) of this title or other applicable ordinances. (Ord. 99-06, 6-21-1999)

(Rep. by Ord. 07-09, 7-16-2007)

   (A)   Screening: All open storage shall be landscaped or screened in accordance with section 9-3-5 of this chapter.

   (B)   Deposit Of Wastes: No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by, or otherwise be attractive to, rodents, insects or animals shall be stored outdoors only in closed containers. (Ord. 99-06, 6-21-1999)

   (A)   Where any business or industrial use, or any multiple-family dwelling is located on a lot abutting an R-1 or R-2 residential lot, the following regulations shall apply to the lot on which such business or industrial use or such multiple-family dwelling is located:

      1.   There shall be a solid fence or natural screening, as determined by the code enforcement officer, constructed in conformity with applicable village ordinances, extending the full length of the abutting lot line, except that no such solid fence or natural screening shall extend beyond the corner side yard setback or beyond the front yard setback.

      2.   In all districts or special uses allowing outdoor storage, a six foot (6') high hedge or screening shall be planted to enclose all areas which are visually exposed to the front yard.

      3.   Garbage and refuse containers and collection areas shall be screened from view from the abutting residential use and from the street.

      4.   Parking area lighting shall be screened, shrouded or of such type so as not to interfere with the quiet enjoyment of the abutting residential use or adjoining property. Specific lighting design and illumination shall be approved by the code enforcement officer.

   (B)   When required by this title, screening shall be designed, planted, or constructed and maintained in such a way as to comply with the intent of the several zoning districts. Plans for such screening shall be approved by the village as well as being developed in terms of the following general guidelines:

      1.   Type: The use of natural vegetation and grasses on earth berms should be used whenever possible.

         (a)   No screening should interfere with sight requirements for safe ingress and egress.

         (b)   Earthen berms shall have a side slope not less than three feet (3') horizontal to one foot (1') vertical.

         (c)   Visual screens consisting of evergreen, or evergreen type hedges or shrubs, shall be six feet (6') high, and spaced at intervals of not more than six feet (6'), located and maintained in good condition.

      2.   Height:

         (a)   Screening: Screening should be of sufficient height to adequately screen areas from adjacent property lines, but may not be higher than six feet (6') without a variance, excluding natural vegetation growth.

         (b)   Maximum Height: No fence or wall for screening shall be erected, placed, or maintained along a lot line of any nonresidential zoned property, adjacent to residential zoned property to a height exceeding six feet (6').

         (c)   Minimum Height: Screening between rear and side lot lines of commercial, industrial, or other uses and not adjacent to residential properties shall be minimum of six feet (6') high. Proper screening materials shall be approved by the code enforcement officer. (Ord. 99-06, 6-21-1999)

   (A)   Policy: Accessory buildings, structures and uses are allowed in the various districts as prescribed in each district and shall be compatible with the principal use. Refer to section 8-1-15 of this code for accessory buildings and structures building requirements.

   (B)   Time Of Construction: No accessory building or structure shall be constructed or occupied prior to the completion of the principal building to which it is accessory.

   (C)   Lots, Reverse Corner: On a reverse corner lot in a residential district, which is a lot of record prior to the adoption hereof, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than the required front yard on the adjacent lot to the rear. Further, in the above instance, no such accessory building shall be located within five feet (5') of any part of a rear lot line which coincides with a side lot line or portion thereof in a residential district.

   (D)   Number Of Accessory Buildings: No more than one storage building shall be allowed on any lot within a residential area. (Ord. 09-25, 2-1-2010)

(Rep. by Ord. 06-23, 7-17-2006)

   (A)   Existing Agricultural Exemptions: The provisions of this title shall not be exercised so as to impose regulations or require permits with respect to land used or to be used for existing agricultural purposes. However, with respect to the erections, maintenance, repair, alterations, remodeling, or extension of buildings or structures used or to be used for existing agricultural purposes, these shall conform to building or setback lines, and shall be subject to the building permit requirements of subsection 9-1-6(G) of this title. Also, in the interest of public health, a residence and its water supply and sewage disposal facilities in connection with an agricultural use, shall not be exempt. In the event that the land ceases to be used solely for agricultural purposes, then and only then shall all provisions of this title apply.

   (B)   Public Utility Exemption: Where federal or state statutes supersede local ordinance, as required by such statute, the type or location of any poles, towers, wires, cables, conduits, vaults, laterals, or any other similar distribution equipment of a public utility is exempt from the requirements of this title.

   (C)   Underground Installations Exemption: Pipelines and other underground installations, to the extent that the same are completely buried beneath the surface of the soil, are exempt from the requirements of this title, provided, that any incidental or associated structures, installations, or equipment, except markers, used in connection with such pipeline or other underground installations, and which protrude or are extended above the surface of the soil, shall, to the extent of such protrusion or extension, be subject to all of the applicable provisions hereof. (Ord. 99-06, 6-21-1999)

   (A)   Definition: A "home occupation" is a business, profession, occupation or trade conducted for gain entirely within a residential building and secondary in nature to the primary use of the zoning lot, buildings, and/or structures.

   (B)   Purposes: It is the intent of this section to allow as home occupations only those uses that conform to the standards of this section. A home occupation is a clearly accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence except for a sign as provided for below. Standards for home occupations are intended to ensure compatibility with other permitted uses and the residential character of the neighborhood and to maintain the subordinance and incidental status of the home occupation.

   (C)   Prohibited Activities: Activities which do not come within the definition of home occupation as provided in this section shall be considered business uses and are prohibited in any residential district.

   (D)   Restrictions: In addition to all of the use limitations applicable in the district in which a home occupation is located, no home occupation shall be permitted unless it complies with the following restrictions in all residential districts:

      1.   No more than one person other than permanent residents of the dwelling unit shall be employed in the home occupation.

      2.   There shall be no manufacturing or processing of any sort.

      3.   One sign, either attached to the dwelling or displayed from a window, having an area of not more than one square foot shall be permitted.

      4.   No wholesale, jobbing or retail business shall be permitted unless it is conducted entirely by mail or telephone and does not involve the receipt, sale, shipment, delivery, or storage of merchandise on or from the premises, provided, however, that articles produced by members of the immediate family residing on the premises may be sold from and stored upon the premises.

      5.   There shall be no alteration of the principal residential building which changes the character thereof as a dwelling. Exclusive entrances/exits shall be prohibited.

      6.   No more than twenty five percent (25%) of the area of one story of a single-family dwelling nor more than twenty percent (20%) of the area of any other dwelling unit shall be devoted to the home occupation.

      7.   No mechanical or electrical equipment may be used except such types as are customary for purely domestic, household or hobby purposes.

      8.   There shall be no exterior display or storage of goods, equipment, materials or motor vehicles utilized in the home occupation.

      9.   The home occupation shall be conducted entirely within the principal residential building.

      10.   Sales and services to patrons shall be arranged by appointment and scheduled so that not more than one patron vehicle is on the premises at the same time.

      11.   An increase in traffic, including parking demand, shall not be generated beyond what would be normally expected in a residential neighborhood. The home occupation shall not prevent vehicles intended to be parked in a private garage or driveway from doing so.

      12.   The home occupation shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond that which normally occurs in the zoning district in which located.

   (E)   Particular Home Occupations Permitted: Permitted home occupations include, but are not limited to, the following list of occupations, provided, however, that each listed occupation shall be subject to the requirements of this section:

      1.   Beauty shops and barbershops, limited to a single chair, operated by a resident of the dwelling unit in which this home occupation is permitted.

      2.   Babysitting services, but not a nursery school or daycare center.

      3.   Dressmakers, seamstresses, and tailors.

      4.   Instruction, but not recitals, programs or displays, in music, dance, home crafts and art.

      5.   Artists, sculptors, and authors or composers.

      6.   Office facilities for architects, engineers, lawyers, insurance agents and members of similar professions.

      7.   Office facilities for real estate and other salesmen, sales representatives and manufacturer's representatives, when no retail or wholesale transactions are conducted on the premises.

      8.   Secretarial or computer related services.

      9.   Home crafts, such as model making, rug weaving, lapidary work and craft or woodworking, provided, however, that no machinery or equipment shall be used or employed, other than that which would customarily be incidental to residential occupancy. Such machinery or equipment shall include that which would customarily be employed in connection with a hobby or a vocation not conducted for gain or profit.

   (F)   Particular Home Occupations Prohibited: Prohibited home occupations include, but are not limited to, the following list of occupations:

      1.   The sale of weapons of any kind.

      2.   General retail.

      3.   Tanning salons.

      4.   Funeral homes.

      5.   Nursery schools and daycare centers, unless specifically permitted by the district regulations as a special use.

      6.   Restaurants.

      7.   Stables.

      8.   Tourist homes and lodging houses, unless specifically permitted by the district regulations.

      9.   Renting of trailers.

      10.   Medical or dental offices, clinics or hospitals.

      11.   Animal kennels or hospitals.

      12.   Engine repair shops.

      13.   Welding shops.

      14.   Any activity which produces or involves the storage of noxious matter, or employs, produces or involves the storage of flammable matter. (Ord. 99-06, 6-21-1999)

   (A)   Definition: Any establishment, business, building or structure from which, under the laws of the state of Illinois, minors are excluded by virtue of age unless accompanied by a consenting parent, guardian or spouse. This shall include, but not be limited to, all adult oriented definitions:

   ADULT BOOKSTORE: An establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or for viewing on premises by use of motion picture devices or by coin operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities", or "specified anatomical areas"; or an establishment with a significant section devoted to the sale or display or such materials; or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.

   ADULT ENTERTAINMENT CABARET: A public or private establishment which: 1) features topless dancers, strippers, "go go" dancers, male or female impersonators, lingerie or bathing suit fashion shows; 2) not infrequently features entertainers who display "specified anatomical areas"; or 3) features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron or features entertainers who engage in, or are engaged explicit simulation of, "specified sexual activities".

   ADULT MOTION PICTURE THEATER: A building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

   ADULT NOVELTY STORE: An establishment having a substantial or significant portion of its sales or stock in trade consisting of toys, devices, clothing "novelties", lotions and other items distinguished or characterized by their emphasis on or use for "specified sexual activities" or "specified anatomical areas" or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising displays, actual sales, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.

   ADULT USE: Adult bookstores, adult motion picture theaters, adult entertainment cabarets, adult novelty stores and other similar uses.

   SPECIFIED ANATOMICAL AREAS: For the purpose of this title, "specified anatomical areas" means:

      1.   Less than completely and opaquely covered:

          (a)   Human genitals,

          (b)   Pubic region,

          (c)   Female breasts below a point immediately above the top of the areola; and

      2.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

   SPECIFIED SEXUAL ACTIVITIES: For the purpose of this title "specified sexual activities" means: 1) human genitals in the state of sexual stimulation or arousal; 2) acts of human masturbation, sexual intercourse or sodomy; and 3) fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.

   (B)   Purposes: It has been determined in numerous communities that the presence of adult oriented businesses, as herein defined, by their very nature, have certain objectionable characteristics unrelated to the content of materials available for sale or viewing on such premises. The regulation of such businesses is necessary to ensure the health, safety and welfare of the citizens of the village and to prevent the adverse effects of such businesses by enforcing the location and distancing requirements for such uses. It is necessary to ensure that such businesses do not violate legitimate criminal laws, such as those prohibiting obscenity, employment of minors, prostitution, drug offenses, or building code regulations.

   (C)   Location: Adult oriented uses may be allowed as a special use in a C-2 or industrial district provided:

      1.   The establishment is not located within six hundred feet (600') of any property zoned A-1, E-1, R-1, R-2, or R-3.

      2.   The establishment is not located within six hundred feet (600') of any residential building.

      3.   The establishment is not located within one thousand feet (1,000') of any church, religious institution, daycare center, library, teen center, school, public park or playground, or recreational facility where minors congregate. "Minors" means persons under eighteen (18) years of age.

      4.   The establishment is not located within one thousand feet (1,000') of another adult establishment.

   (D)   Restrictions: Adult oriented uses shall be regulated, but not limited to, the following restrictions:

      1.   No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified anatomical area" or "specified sexual activities" from any public way. This shall apply to any display, decoration, sign, show window or other opening. No person shall operate or cause to be operated an adult use within any premises wherein alcoholic beverages are served, sold or consumed.

      2.   No person under the age of twenty one (21) shall be allowed on the premises.

      3.   All "viewing areas", which shall be defined as the area where a patron or customer would ordinarily be positioned while watching a film or viewing device, shall be visible from a continuous main aisle or public room and shall not be obscured by any curtain, door, wall or other enclosure.

      4.   There shall be no aperture whatsoever in any wall or partition between viewing areas.

      5.   Each viewing area shall be lighted at a minimum level of ten (10) foot-candles in all parts thereof.

      6.   All performers shall be at least twenty one (21) years of age.

      7.   All performances, exhibitions or displays shall take place on a platform raised at least two feet (2') from the level of the floor, and located at least ten feet (10') from any patron.

      8.   No performer shall fondle or caress any patron or other performer, and no patron shall fondle or caress any performer.

      9.   No patron shall be permitted to pay or give any gratuity to any performer, and no performer shall solicit any pay or gratuity from any patron.

   (E)   Adult Section: Within an establishment selling or renting books, magazines, or films to the general public, a nonsubstantial section may display, rent or offer for sale items distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" with the following restrictions:

      1.   The establishment shall be located within a C-2 or industrial district and is not located within one thousand feet (1,000') of any existing church, religious institution, daycare center, library, teen center, school, public park or playground, or recreational facility where minors congregate. "Minors" means persons under eighteen (18) years of age.

      2.   The area shall be set aside, blocked off or of limited access to adults only, with clearly marked signs indicating that this area contains adult only items.

      3.   The area shall be arranged in such manner that the display is not visible to the general public.

      4.   There shall be suitable measures installed to ensure that adults only have access.

      5.   A special use permit shall be obtained. Conforming businesses existing at the time of adoption of this title shall be allowed to continue such conforming practices and shall be granted a special use permit after review and determination by the code enforcement officer and approval by the village board.

   (F)   Special Use Permit Required: No adult oriented use shall operate even at those locations where they may be allowed under subsection (C) of this section without first having obtained a special use permit in the manner set forth in chapter 14 of this title.

   (G)   Existing Adult Oriented Uses: Any adult oriented use which existed lawfully, but which became nonconforming upon the adoption of this section to this title shall be given until January 1, 2001, to either become conforming or shall be discontinued. (Ord. 99-06, 6-21-1999)

   (A)   Kennel Restrictions: No person shall keep a combined total of more than four (4) adult dogs, cats or other domestic animals or pets over six (6) months of age, unless they are kept on a property specifically zoned to allow a veterinary clinic, animal hospital, or kennel. For purposes of this title, when an animal reaches six (6) months, it shall be considered an adult animal.

   (B)   Parking Of Mobile Homes: It shall be unlawful, within the limits of the village or within the zoning jurisdiction of the village, for any person to park any mobile home on any street or other public place, or on any tract of land owned by any person, occupied or unoccupied within the village except as provided in chapter 5 of this title. Emergency or temporary stopping or parking of a mobile home is permitted on any street for not longer than two and one-half (21/2) hours, subject to any other and further prohibitions, regulations or limitations imposed by the traffic and parking regulations of that street or of the village. (Ord. 99-06, 6-21-1999)