Special statutory requirements of the Illinois Municipal Code govern the enactment or amendment of the zoning ordinance and for that purpose the zoning ordinance is included in this Code for the purpose of reference and convenience. The original zoning ordinance, plus all amendments and maps showing the various use districts, are on file with the village clerk. In this chapter, the zoning act shall be known as the "Zoning Law of McCook" and shall consist of the text hereof as well as that certain map identified and approved by the mayor and board of trustees and designated as the "Zoning Map." Said map is hereby adopted as a part of the "Zoning Law of McCook."

(Code 1965, § 6-1-1)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words not defined herein shall be given the meaning ordinarily applied to such words. The word "structure" shall include the word "building," and the word "lot" shall include the word "plot."

Accessory building or use means a subordinate building or use which is located on the same lot on which the main building or use is situated and incidental to the conduct of the primary use of such building or to the main use.

Acreage means any tract or parcel of land which has not been subdivided or platted.

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

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

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

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

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

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

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

Alley means a street or way shown on the official plat of the village or its additions and designated thereon as an alley.

Alteration, applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities.

Apartment means a room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a housekeeping unit for a single family.

Attic means a space between the roof and next lower ceiling, having an average clear height or less than seven feet.

Automobile means a passenger vehicle.

Automobile repair means general repair, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting of motor vehicles.

Automobile service station means an establishment where automotive fuels and lubricants, accessories and services are sold at retail; however, where the sale of such is only incidental the establishment or premises shall be classified as a public garage.

Auto wrecking or junk yard means any place where two or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation; any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof and including any farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging and scavenging of any other goods, articles or merchandise.

Basement means a story partly or wholly underground. Where more than one-half of its height is above the average level of the adjoining ground, a basement shall be counted as a story for purpose of height measurement.

Billboard means any structure or portion thereof upon which are placed signs or advertisements used as an outdoor display. This definition does not include any bulletin boards used to display official court or public office notices, or a sign advertising the sale or lease of the premises on which the sign is located.

Boarding house means a building other than a hotel or restaurant, where meals are provided for compensation for four or more persons, but not exceeding 12 persons.

Building means any structure having a roof supported by columns or walls, and designed or intended for the shelter, enclosure or protection of persons, animals or chattels.

Building area means the buildable area of a lot is the space remaining after adherence to the minimum open-space requirements or this chapter, which is the gross square footage of land coverage measured from outside to outside of any and all walls or columns supporting a floor or roof.

Building height means the vertical distances measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to mean height level between eaves and ridge of a gable, hip or gambrel roof; provided, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

Building line, for the purpose of this chapter, is the same as a front yard set-back line.

Cannabis organization means any adult-use cannabis organization or medical cannabis organization.

Carport means a structure attached or made a part of the main structure which is open to the weather on at least two sides, intended for the use of sheltering not more than two motor driven vehicles.

Community residence means a group home or specialized residential care home serving unrelated persons with disabilities living in a family-like setting and constituting a single housekeeping unit. Community residence does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse or for treatment of a communicable disease.

Conditional uses. The following uses of land or structures, or both, may be permitted within any "C," "LM," "HM," "MFT," or "MFT-1" zoning use district, subject to specific provisions of this chapter:

Airport, landing field or landing strip.

Bus terminal, railroad passenger station or any other transportation terminal facilities.

Cannabis organization.

Churches and accessory buildings used for religious teaching.

Extraction of gravel, sand or other raw materials.

Golf courses, public or private.

Hospitals or sanitariums.

Municipal or privately owned recreation buildings or a community center.

Nursery schools, day nurseries and child care centers, provided there is a minimum of 100 square feet of outdoor play area for each child to be cared for, and that the play area is fenced or screened from any adjoining lot in any Residence Zone with planting.

Police stations, fire stations or place for storage of municipal equipment.

Parking area, public.

Public administration building, auditorium, gymnasium or any other publicly owned structure.

Public or private park or playground.

Public utility facilities, filtration plant or pumping station, heat or power plant, transformer station and other similar facilities.

Radio and television antenna towers, commercial.

Railroad right-of-way.

Schools, public or private.

Telephone exchange.

Court means an open unoccupied space, other than a yard, on the same lot with a building and bounded on two or more sides by such building.

Curb grade means the established elevation of the curb measured at the center of the front of a building. Where no curb grade has been established, the board of trustees shall establish such curb level or its equivalent for the purpose of this chapter.

District means a section or sections of the incorporated area of the village for which the regulations and provisions governing the use of buildings and land are uniform for each class of use permitted therein.

Dwelling means a building or portion thereof, but not an automobile house trailer, designed exclusively for residential occupancy, including one-family, two-family and multiple dwellings, but not including hotels, boarding and lodging houses.

Dwelling, multiple, means a building without party wall which is separately situated on a parcel of land, or portion thereof, designed for occupancy by three, but not more than six, families living independently of each other.

Dwelling, one-family, means a detached building designed exclusively for occupancy by one family.

Dwelling, row, means a row of three to six attached one-family dwellings, not more than 2½ stories in height, nor more than two rooms deep.

Dwelling, two-family, means a building designed exclusively for occupancy by two families living independently of each other.

Dwelling unit means one or more rooms in a dwelling designed for occupancy by one family only for living or sleeping purposes.

Established grade means the sidewalk line grade at the front lot line as established by the engineer.

Family means either:

(a)

Two or more persons, each related to the other by blood, marriage, or adoption, together with usual domestic servants and not more than one bona fide guest, all living together as a single housekeeping unit and using common kitchen facilities (that is, a related family); or

(b)

For the purpose of community residences, the persons living together may be unrelated.

Flood base elevation. See section 98-23.

Flood plain means that continuous land area adjacent to a water course, whose elevation is equal to or below the flood base elevation, including any land which is surrounded on more than one-half its perimeter by land having an elevation equal to or lower than the flood base elevation.

Flood reservoir means a ponding area created for the purpose of impounding flood waters and alleviating any flood damage which might result from man-made fills.

Frontage means all property on one side of a street between two intersecting streets, or natural barriers.

Garage, private, means an accessory building for the storage of not more than three motor-driven vehicles of which not more than one shall be a commercial vehicle of not more than two-ton capacity.

Garage, public, means a building other than a private garage used for the care, repair or equipment of automobiles, or for vehicles parked or stored for remuneration, hire or sale.

Guesthouse means a structure for human habitation, containing one or more rooms with bath and toilet facilities, but not including a kitchen or facilities which would provide a complete housekeeping unit.

Home occupation means any occupation or profession carried on by a member of the immediate family residing on the premises, in connection with which there is no display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling, there is no commodity sold upon the premises, no person is employed other than a member of the immediate family residing on the premises, and no mechanical or electrical equipment is used except such as is permissible for purely domestic or household purposes. A professional person may use his residence for consultation, emergency treatment, or performance of religious rites but not for the general practice of his profession. No accessory building shall be used for such home occupation.

Hospital or sanitarium means an institution open to the public, in which sick patients or injured persons are given medical or surgical care; or for the care of contagious diseases or incurable patients.

Hotel means a building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six or more guest rooms, and in which no provisions are made for cooking in any individual room or suite.

Institution means a building occupied by a non-profit corporation or a non-profit establishment for public or semipublic use.

Kennel means any lot or premises on which four or more dogs, at least four months of age, are kept.

Laboratory means a place devoted to experimental study such as testing and analyzing. Manufacturing of a product or products is not to be permitted within this definition.

Land coverage means the ratio of the building or buildings on any lot is the floor area of the building or buildings and all accessory buildings on that lot divided by the area of such lot, or, in the case of planned developments, by the net site area after deducting street dedications.

Loading space means an off-street space or area on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.

Lodging house means a building with not more than five guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or transients, and not more than one person per room.

Lot means a parcel or plot of land occupied or suitable for occupancy by one main building or use, with accessory buildings, including the open spaces required by this chapter, and having its principal frontage upon a public street or highway.

Lot, corner, means a lot situated at the intersection of two or more streets.

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

Lot, frontage means the front of a lot shall be that boundary of a lot along a public street; and for a corner lot the front shall be the shorter lot boundary along a street.

Lot, interior, means a lot other than a corner lot.

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

Lot, width, means the horizontal distance between the side lot lines.

Medical cannabis cultivation center means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed medical cannabis dispensing organizations, per the Compassionate Use of Medical Cannabis Program Act, as it may be amended from time-to-time, and regulations promulgated thereunder.

Medical cannabis dispensing organization means a facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to registered qualifying patients, per the Compassionate Use of Medical Cannabis Program Act, as it may be amended from time-to-time, and regulations promulgated thereunder.

Medical cannabis organization means a medical cannabis cultivation center, medical cannabis processing organization, medical cannabis infuser organization, medical cannabis dispensing organization, or medical cannabis transporting organization.

Medical cannabis industrial organization means a medical cannabis cultivation center, medical cannabis processing organization, medical cannabis infuser organization, or medical cannabis transporting organization.

Medical cannabis infuser organization means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Compassionate Use of Medical Cannabis Program Act, as amended, and regulations promulgated thereunder.

Medical cannabis processing organization means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Compassionate Use of Medical Cannabis Program Act, as amended, and regulations promulgated thereunder.

Medical cannabis transporting organization means an organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a medical cannabis business establishment, per the Compassionate Use of Medical Cannabis Program Act, as it may be amended from time-to-time, and regulations promulgated thereunder.

Motor freight terminal means a building or area in which freight brought by motor truck (or by rail connecting carrier used in conjunction with motor truck) is assembled or stored for routing in intrastate or interstate shipment by motor truck (or by rail connecting carrier used in conjunction with motor truck), including in connection therewith repair facilities, maintenance facilities, inside or outside parking area, overnight dormitory and kitchen (not designed or used for permanent residents), offices, switch track, and rail connection facilities, and other facilities kindred thereto, but excluding a general railroad terminal use.

Nonconforming use means any building or land lawfully occupied by a use at the time of passage of the original zoning ordinance or any amendment thereto, which does not conform after the passage of the zoning ordinance or amendment thereto with the use regulations of the district in which it is situated.

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

Parking area, private, means an open area for the parking of privately owned automobiles and not for public use.

Parking area, public, means an open area, other than street, used for the temporary parking of more than four automobiles and available for public use whether free or for compensation, or as an accommodation for clients or customers.

Parking space means an area, enclosed or unenclosed, which has adequate access to a public street or alley, sufficient in size to store one automobile, but not less than 200 square feet.

Person with a disability means any individual whose disability:

(a)

Is attributable to mental, intellectual or physical impairments or a combination of mental, intellectual or physical impairments; and

(b)

Is likely to continue for a significant amount of time or indefinitely; and

(c)

Results in functional limitations in three or more of the following areas of major life activities:

(1)

Self care;

(2)

Receptive or expressive language;

(3)

Learning;

(4)

Mobility;

(5)

Self direction;

(6)

Capacity for independent living;

(7)

Economic self-sufficiency; and

(d)

Reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of life-long or extended duration.

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

Power generation facility means any structure that converts a form of energy into electrical energy, provided that the facility does not burn coal or waste.

Signs, outdoor advertising, means a sign or any type or material, installed at any place for outdoor advertising purposes.

Staff (administrative personnel) means paid professional support staff provided by a sponsoring agency for a community residence, either living with the residents on a 24-hour full-time basis or with disabilities are present at the dwelling. Staff personnel are not to be included in counting the number of disabled persons permitted in the residential zoning district.

Storage container facility means any property where storage containers are stacked on top of each other outside of a structure or any property containing more than ten storage containers at one time outside of a structure. A storage container is any ocean cargo container, shipping container, or truck container and includes all containers, whether or not conforming to ISO standards, commonly known as dry freight containers, high cube containers, open top containers, refrigerated containers, high cube refrigerated containers, and tank containers. A storage container on a chassis with wheels is not contained within the definition provided that the chassis does not remain in the same place for more than seven days.

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

Story, half, means a space under a sloping roof having an average clear height of seven feet six inches over not more than 60 percent of the floor area.

Street means all property dedicated or intended for public or private street, highway, freeway, or roadway purposes or subject to easements therefor.

Street line means a dividing line between a lot, parcel or tract of land and a contiguous street.

Structural alterations means any change which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

Structure means anything constructed or erected, the use of which requires permanent or temporary location on or in the ground or attached to something having a permanent or temporary location on or in the ground, including but without limiting the generality of the foregoing; buildings, advertising signs, backstops for tennis courts, billboards, pergolas, and swimming pools; provided, however, that this definition shall not include underground tanks for the storage of any type of fuel.

Swimming pool means any temporary or permanent artificial pool or receptacle for water installed, constructed or maintained in, on or above the ground (not including those enclosed and located entirely within a dwelling), having a perimeter of more than 25 feet and a depth of more than two feet at any point. A swimming pool shall be considered to be a main building and use; provided, however, that a swimming pool may be considered to be an accessory building or use customarily incident to a dwelling when located on the same lot therewith and designed and used for swimming or bathing in connection with such dwelling solely by the persons living therein or their private guests. No swimming pool designed or used for any commercial or other non-residential purpose shall be considered to be an accessory building or use customarily incident to a dwelling.

Terrace, open, means a level and rather narrow plain or platform, which for purposes of this chapter is located adjacent to one or more faces of the main structure and which is constructed not more than four feet in height above the average level of the adjoining ground.

Tourist court means a group of attached or detached buildings, including auto courts, motels or motor lodges, containing individual sleeping or living units, designed for or used by tourists or transients, with garage attached or parking space conveniently located to each unit.

Tourist home means a dwelling in which overnight accommodations are provided or offered for transient guests.

Trailer means a vehicle without motive power used for human habitation, including a trailer coach or house trailer designed to be drawn by a motor vehicle.

Trailer camp, automobile, means any premises occupied or designed to accommodate one or more automobile house trailers.

Use means the purpose for which land or a building is intended, designed, arranged or maintained.

Yard means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of the front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the nearest vertical projection shall be used.

Yard, front, means a yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projection of the usual steps.

Yard, rear, means a yard extending across the rear of a lot, between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, side, means a yard between the main building and the side lot line, extending from the front yard line to the rear yard line.

(Code 1965, § 6-1-2; Ord. No. 00-02, § 1, 1-17-2000; Ord. No. 19-26, § 2, 12-16-2019)

For the purpose of this chapter the village shall be and is hereby divided into zoning districts as follows:

(Code 1965, § 6-1-3; Ord. No. 18-32, § 1, 9-17-2018)

(a)

The boundaries of said districts are as indicated on the zoning map, a copy of which is on file in the office of the village clerk in the village hall, and is identified on its face as part of this chapter, and said zoning map, with all notations, references and other matters, is adopted as though specifically set forth herein. No building shall be erected or altered, nor shall any building or premises be used for any purpose other than is permitted in the district in which said building or premises is located, except as provided in article V of this chapter relating to nonconforming uses.

(b)

In the event uncertainties exist with respect to the intended boundaries of the various districts as shown on the zoning map, the following rules shall apply:

(1)

The district boundaries are the center lines of streets unless otherwise indicated, and where the designation of a boundary line on the zoning map coincides with the location of a street, the center line of such street shall be construed to be the boundary of such districts.

(2)

Where the district boundaries do not coincide with the location of streets but do coincide with lot lines, such lot lines shall be construed to be the boundary of such districts.

(3)

Where the district boundaries do not coincide with the location of streets or lot lines, the district boundaries shall be determined by the use of the scale indicated on the zoning map.

(Code 1965, § 6-1-4)

The zoning map is on file and available for public inspection at the offices of the village.

(Code 1965, § 6-1-5)

No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located.

(Code 1965, § 6-2-2)

No structure may be erected to exceed in height the height limits of the district in which it is located. Antennas, however, may exceed the height limits by ten feet over the highest point of the roof. (Fences in "R" and "RA" districts shall not exceed six feet in height.) Fences in industrial or commercial districts may exceed six feet in height except where said property borders on residential property where it cannot exceed six feet in height. Fences less than six feet in height shall not have any barbs or sharp points on the top.

(Code 1965, § 6-2-3)

No building or structure other than a building for conditional use shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the zone in which the building is located.

(Code 1965, § 6-2-4)

No space which for the purpose of a building or dwelling group has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this chapter may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or other space requirement of or for any other building.

(Code 1965, § 6-2-5)

An open terrace, but not including a roofed-over porch or terrace, may occupy a front yard provided the unoccupied portion of the front yard has a depth of not less than 15 feet. A one-story bay window may project into a front yard not more than three feet. Overhanging eaves, including gutters, may project over the minimum required side yard not more than 18 inches.

(Code 1965, § 6-2-6)

Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as herein defined and in no case shall there be more than one such building on one lot unless otherwise provided in this chapter. Party walls are hereby expressly prohibited.

(Code 1965, § 6-2-7)

No basement in any dwelling shall be used for nor shall it contain any quarters for sleeping or cooking, unless used by the family living above. No half story shall contain cooking facilities, and any space therein may be used only by the family living on the floor immediately below.

(Code 1965, § 6-2-8)

All buildings erected or altered shall be served by the water and sanitary sewer systems of the village.

(Code 1965, § 6-2-9)

Any separate lot, the title of which was of record at the time of the adoption of this chapter, that does not meet the requirements of this chapter for yards, courts or other area of open space, may be utilized for single residence purpose; provided, the requirement for such yard or court or lot area, width, depth or open space is within 75 percent of that required by this chapter. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided.

(Code 1965, § 6-2-10)

No building shall be constructed or erected upon a lot or parcel of land, which does not abut upon a public street or have permanent easement for access to a public street, which easement shall have a minimum width of 25 feet unless an easement of lesser width was of record prior to the adoption of this chapter.

(Code 1965, § 6-2-11)

No wall, fence or shrubbery shall unreasonably obstruct or interfere with traffic visibility.

(Code 1965, § 6-2-12)

Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this chapter and upon which building actual construction has been diligently carried on; provided, further, that such building shall be completed within one year from the time this chapter goes into effect.

(Code 1965, § 6-2-13)

An area indicated on the official zoning map as a municipal area, public park or recreation area, public utility area, cemetery, public school site or semipublic open space shall not be used for any other purpose and when the use of the area is discontinued, it shall automatically be zoned "RA" Residence and Multiple Dwelling Zone, until otherwise zoned.

(Code 1965, § 6-2-14)

Areas annexed to the village shall be zoned only after public hearing as provided for by statute. It shall be the duty of the board of trustees to immediately appoint a zoning committee to hear and consider the zoning of such areas annexed and to make its recommendations to the village board, until such public hearing and zoning the area so annexed shall be deemed to be zoned in the district in which it was under any other comprehensive municipal zoning ordinance prior to its annexation.

(Code 1965, § 6-2-15)

Accessory buildings, except as otherwise permitted or prohibited in this chapter, shall be subject to the following regulations:

(a)

Where an accessory building is structurally attached to a main building, it shall be subject and must conform to all regulations of this chapter applicable to the main building.

(b)

An accessory building may not be located nearer than five feet to any interior lot line and not nearer than five feet to the rear lot line.

(c)

No detached accessory building shall be located closer than ten feet to any main building.

(d)

An accessory building shall not be erected prior to the establishment or construction of the principal use or building.

(Code 1965, § 6-2-16)

Trailer camps and trailer courts are hereby prohibited to be located in any use zone in this chapter.

(Code 1965, § 6-2-17)

(a)

Prohibited construction. No frame, frame type, brick veneer, or wooden structures shall hereafter be built, nor shall any structure hereafter be built with exterior walls of noncombustible materials of less than two-hour fire resistant rating, within the village, which territorial limits and annexations thereto are hereby established as the fire district and the fire limits of the village.

(b)

Exceptions. The following types of buildings or structures may be erected within the fire district:

(1)

Temporary one-story frame construction sheds or trailers for use of builders, to be removed by the builder when construction is completed.

(2)

In all residential districts, exterior walls may be constructed of either brick veneer, or a minimum of 50 percent solid masonry and 50 percent frame, in lieu of 100 percent solid masonry.

(3)

Temporary one-story frame buildings or a trailer for business use for a permanently located business with sides covered with incombustible materials and with an area not exceeding 500 square feet. Such structure shall be removed by the owner or person in control thereof within one year from date of issuance of the permit therefor, and each day any such structure is permitted to remain after the expiration of such year shall constitute a separate violation of this chapter.

(4)

Wooden fences not over ten feet high.

(5)

Piazzas or balconies not exceeding ten feet in width nor extending more than three feet above the second-story floor beams. No such structure shall extend beyond the lot line or be joined to any similar structure of another building.

(6)

Bay windows when covered with combustible material.

(7)

Frame garages in "R" and "RA" zones only, but no frame garage shall house more than two cars.

(8)

Laminated beams or trusses made of wood or other material with equivalent fire resistance or support to steel.

(Code 1965, § 6-2-18)

(a)

The base elevation shall be subject to base elevation regulations as established by the board of trustees and set forth in this chapter, chapter 38, or other applicable ordinances of the village. Said regulations will guide development in order to promote the public health, safety and welfare through flood regulations.

(b)

No new or existing building or structure shall be erected or moved within the area governed by these regulations unless the lowest floor is at an elevation which is not less than two feet above the base elevation for the site. Basements, cellars and crawl spaces are permitted if the top of the foundation walls and any opening therein are at least at an elevation of not less than two feet above the base elevation and said floors and walls are of structurally adequate, poured-in-place, waterproof concrete.

(c)

The elevation of the ground for a minimum distance of 25 feet immediately surrounding any building or structure erected or moved within a flood plain shall be at an elevation which is not less than one foot above the base elevation for the site and shall extend in width not less than 25 feet at or above said elevation to a public street or accessway.

(d)

The elevation of the finished surface at the center line of any new street constructed within a flood plain shall be not less than one foot above the base elevation for the area. The design of such streets or accessways shall be such that the normal direction or course of drainage or runoff through the area is not interrupted.

(Code 1965, § 6-2-19)

In addition to the setback requirements in any district herein set forth, every part of a building or structure hereafter erected or relocated shall be located or set back from the established center line of any section line road or street, at least 50 feet; from the established center line of every half section line road or street, at least 40 feet; and from the established center line of every other road or street fronting a lot or building plat, at least 33 feet; and provided further that the minimum setback on Joliet Road (U.S. Route 66), Lawndale Avenue, and Illinois 171 (First Avenue) shall be at least 50 feet from the established center line of said road or street.

(Code 1965, § 6-2-20)

No lot, land, or parcel of land shall be divided, parceled, enlarged, or combined without submitting a subdivision plat to the corporate authorities for approval. Said subdivision plat shall conform to the requirements of the zone in which it is located. This section shall apply to all land, including condominiums, located in the village.

(Code 1965, § 6-2-21)

(a)

Purpose and applicability. It is the intent and purpose of this article to provide regulations regarding the operation of cannabis organizations within the corporate limits of the Village of McCook. Such organizations shall comply with all regulations provided in the Compassionate Use of Medical Cannabis Program Act and the Cannabis Regulation and Tax Act, as may be applicable, as may be amended from time to time (the "Acts"), regulations enacted pursuant to authority granted through the Acts, and the regulations provided herein. In the event that the Acts are amended, the more restrictive of the state or village regulations shall apply.

(b)

Process. All cannabis organizations shall be a conditional use in those districts where specifically authorized to be located, and applications for such use shall be processed in accordance with the provisions of section 98-389 and as provided for in this chapter. No cannabis organization shall be sited, opened, or operated unless specifically authorized under and pursuant to the Acts, the Zoning Law of McCook after public hearing and by ordinance approved by the mayor and board of trustees.

(c)

Cannabis organization components. In determining compliance with this section and section 98-389, the following components of a cannabis organization shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of other properties in the vicinity:

(1)

Impact of the proposed cannabis organization on existing or planned uses located within the vicinity of the subject property.

(2)

Proposed structure in which the cannabis organization will be located, total square footage, security installations/security plan, and building code compliance.

(3)

Hours of operation and anticipated number of customers/employees.

(4)

Anticipated parking demand based and available private parking supply, including any unique demand for handicapped parking.

(5)

Traffic generation and adjacent roadway capacity.

(6)

Site design, including access points, internal site circulation and commercial vehicle loading, unloading and parking.

(7)

Proposed signage plan.

(8)

Proximity to a public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, a public park, or any property lawfully used in a residential manner or any residential zoning district.

(9)

Compliance with all requirements provided in this section with respect to cannabis industrial organizations or cannabis dispensing organizations, as applicable.

(10)

Other criteria determined to be necessary by the board of trustees to assess compliance with the Zoning Law of McCook.

(d)

Cannabis industrial organizations. In those zoning districts in which cannabis industrial organizations may be located, the proposed organization must comply with the following:

(1)

A cannabis industrial organization (the enclosed, locked facility where cannabis will be grown, harvested, infused, manufactured, packaged, or otherwise prepared for distribution) may not be located within 2,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home or public park.

(2)

A cannabis industrial organization may not be located within 2,500 feet of the property line of an area within a residential zoning district.

(3)

No retail sale or distribution of cannabis or cannabis infused products shall be permitted on the premises of a cannabis industrial organization.

(4)

The on-site consumption of cannabis or a cannabis-infused products shall be prohibited on the premises of a cannabis industrial organization.

(5)

At least 75 percent of the floor area of any tenant space occupied by a cannabis industrial organization shall be devoted to the activities of the organization.

(6)

Any cannabis transporting organization shall be the sole use of the tenant space of the building in which it is located.

(e)

Cannabis dispensing organizations. In those zoning districts in which cannabis dispensing organizations may be located, the proposed facility must comply with the following:

(1)

A cannabis dispensing organization may not be located within 1,000 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home or public park.

(2)

A cannabis dispensing organization may not be located in a house, apartment, condominium or a building devoted in whole or in part to a residential use.

(3)

A cannabis dispensing organization may not have drive-thru service.

(4)

Space occupied by a cannabis dispensing organization shall not be occupied or shared by any other business or tenant, or used for any other purpose other than a cannabis dispensing organization.

(5)

The on-site consumption of cannabis or cannabis-infused products shall be prohibited on the premises of a cannabis dispensing organization.

(6)

A cannabis dispensing organization shall only operate between the hours of 8:00 a.m. and 9:00 p.m.

(7)

A cannabis dispensing organization may not engage in any activity authorized to be conducted by or in a cannabis industrial organization.

(8)

At least 90 percent of the floor area of any facility occupied by a cannabis dispensing organization shall be devoted to the activities of the cannabis dispensing organization. For purposes of calculating the total square footage dedicated to retail sales, that portion of the floor area dedicated to the distribution of cannabis or cannabis infused products shall be excluded from this calculation; all floor area dedicated to the sale of other cannabis products and/or paraphernalia shall be included.

(f)

Locational restrictions. The following locational restrictions shall govern cannabis organizations in addition to those set forth in the Acts and this chapter:

(1)

All cannabis organizations are prohibited, and no person shall locate, operate, own, suffer, or allow to be operated a cannabis organization in the following zoning districts:

(2)

Unless more stringent requirements are otherwise set forth in this chapter, it shall be unlawful to locate or operate a cannabis organization within 1,000 feet of a pre-existing park, public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home, learning center, or any lot within a residential zoning district.

(3)

It shall be unlawful to locate or operate a cannabis dispensing organizations within one mile of another cannabis dispensing organization.

(4)

No other cannabis organization, of any type, shall be allowed, and no person shall locate, operate, own, suffer, or allow to be operated a cannabis organization within any zoning district unless specifically authorized in accordance with the provisions of this chapter.

(5)

The operation of any cannabis organization in violation of the provisions of this chapter is hereby declared a public nuisance and may be abated by all available remedies afforded under the law.

(g)

Additional requirements. Approved cannabis organizations shall install building enhancements, such as security cameras, lighting, or other improvements, as needed or at the request of the village, to ensure the safety of employees and customers of the cannabis organizations. Said improvements may be required by the village in excess of those security measures required by the Acts.

(Ord. No. 19-26, § 3, 12-16-2019)