This ordinance shall be known, cited and referred to as the "Zoning Ordinance of the Village of McCullom Lake".

This ordinance is adopted to the end that adequate light, pure air, and safety from fire and other dangers may be secured, that the taxable value of land and buildings throughout the municipality may be lessened or avoided, that the hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters may be lessened or avoided, and that the public health, safety, comfort, morals and welfare may otherwise be promoted.

The intent and purpose of this ordinance is to be effectuated herein by 1) regulating and limiting the height and bulk of buildings hereafter erected; 2) establishing, regulating and limiting the building or set-back lines on or along any street, traffic-way, drive, parkway or storm or floodwater runoff channel or basin; 3) regulating and limiting the intensity of the use of lot areas, and regulating and determining the area of open spaces within and surrounding such buildings; 4) classifying, regulating and restricting the location of trades and industries and the location of buildings designed for specified industrial, business, residential and other uses; 5) dividing the entire municipality into districts of such number, shape, area, and of such different classes (according to use of land and buildings, height and bulk of buildings, intensity of the use of lot area, area of open spaces, or other classification); 6) fixing standards to which buildings or structures incompatible with the character of such districts; 7) preventing additions to and alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully to be imposed hereunder; and 8) classifying, regulating and restricting the use of property on the basis of family relationship.

In the construction of this ordinance, the rules and definitions in this section shall be observed and applied, except when repugnant to the context of any provisions.

Words used in the present tense shall include future; words used in the singular shall include the plural number, and the plural, the singular. The word building shall include the word "structure", the word "lot" shall include the word "plot", and the word shall is mandatory and not directory.

SECTION 3.1 - Accessory Building. A subordinate building or use which is located on the lot of the main building, and the use of which is clearly incidental to the main use or the use of the main building, but living quarters in connection with an accessory building shall not be permitted.

SECTION 3.2 - Agriculture. The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, verticulture and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.

SECTION 3.3 - Acreage. Any tract or parcel of land which has not been subdivided and platted.

SECTION 3.4 - Alley. A public thoroughfare, not less than twenty (20) feet wide, and not more than forty (40) feet in width, which affords only a secondary means of access to abutting property.

SECTION 3.5 - Apartment. A room or suite or rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.

SECTION 3.6 - Automatic Car Wash Facilities. Means any building, or portion thereof, containing facilities for washing more than two automobiles, using production line methods with a chain conveyor, blower, steam-cleaning device, or other mechanical devices.

SECTION 3.7 - Automobile Repair, Collision. Means collision service such as body, frame or fender straightening and repair; painting of more than ten percent (10) of the surface of a vehicle; body or fender work; upholstering; reconditioning and remodeling of worn or damaged motor vehicles and trailers; all work being performed on the premises.

SECTION 3.8 - Automobile Repair, Major. The rebuilding and overhauling of automobile engines and transmissions including, but not limited to reconditioning of engine blocks, engine valves, or the engine cylinders. Automobile Repair, Major shall also include frame straightening.

SECTION 3.9 - Automobile Repair, Minor. Incidental repairs, replacement of parts, and motor service to motor vehicles, but not including any operation specified under Automobile Repair, Major, and Automobile Repair, Collision.

SECTION 3.10 - Automobile Service Station. Means any building where only those services designated below shall be provided:

a.

[W]here motor fuel, stored only in underground tanks, oil lubricants, batteries, tires, vehicle parts and accessories, are retailed directly to the public upon the premises;

b.

[W]here the service[e] of oiling, greasing, tire repair, installation and replacement of parts, but not automobile repair, collision, or automobile repair, major, as defined in the ordinance, are offered to the public on the premises;

c.

[W]here the storage of unlicensed and/or unregistered vehicles and/or trailers for more than forty-eight (48) hours shall not be allowed;

d.

[W]here towing and road service is permitted;

e.

[W]here Village licensed coin operated vending units are permitted;

f.

[W]here only one gasoline tank truck may be on the premises for the purpose of gasoline delivery, provided said vehicle shall not remain on the premises for a period to exceed four (4) hours;

g.

[P]rovided that during all business hours an automobile service station shall have on premises a minimum of one (1) station attendant;

h.

[P]rovided further that there be provided behind the set-back lines of the service station, adequate parking facilities for employee vehicles, customer vehicles, and vehicles used in the normal operation of the service station.

SECTION 3.11 - Auto Wrecking Yard. An auto wrecking yard is any place, land, building, or structure, or use thereof, in which any of the following activities takes place:

(1)

Where one or more items of tangible personal property, hereinafter set forth, that are abandoned, discarded, unused, stripped, junked, wrecked, dismantled, scrapped, salvaged, not in running condition, or not in good and safe operating condition are stored or stand in open or in an enclosure; or

(2)

Where one or more items of tangible personal property, hereinafter set forth, are stripped, junked, wrecked, dismantled, scrapped, or salvaged.

The items of tangible personal property referred to herein include automobiles, trucks, trailers, busses, tractors, farm implements, farm machinery, motorcycles, wagons, construction equipment, and any other type of vehicle, or any part or parts thereof, lumber, wood, junk, trash, debris, paper, tires, furniture, stoves, refrigerators, freezers, plumbing fixtures, cans, containers, industrial and other waste, copper, brass, iron, steel, tin, aluminum, lead, any other metal or alloy, rags, batteries, machinery, and any other ferrous or non-ferrous material, goods or articles.

SECTION 3.12 - Banner Sign. Any sign printed or painted on cloth, plastic or canvas, or flags or pennants and used for attracting the attention of the public. All banner signs shall be considered temporary signs.

SECTION 3.13 - Basement. A story partly or wholly underground. Where more than one-half of its height is above the established curb level or above the average level of the adjoining ground where curb level has not been established, a basement shall be counted as a story for purposes of height measurement.

SECTION 3.14 - Billboard. Any structure or portion thereof upon which are signs or advertisements used on an outdoor display. This definition does not include any bulletin boards used to display official court or public office notices, or signs advertising the sale or lease of the premises on which the sign is located.

SECTION 3.15 - Building. Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows, openings; and which is designed or intended for the shelter, enclosure, or protection of persons, animals, or chattels. Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers, and other similar structures are not considered as buildings.

SECTION 3.16 - Building Area. The buildable area of a lot is the space remaining after the minimum open space requirements of this ordinance have been complied with.

SECTION 3.17 - Building Height. The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof 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.

SECTION 3.18 - Building Line. For the purpose of this ordinance the building line is the same as a front yard set-back line.

SECTION 3.19 - Canopy or Marquee. Shall include any fixed hood constructed of metal or other incombustible material extending from a building.

SECTION 3.20 - Carport. A structure attached or made a part of the main structure, and which is open to the weather on at least two (2) sides, intended for the use of sheltering not more than two (2) motor driven vehicles.

SECTION 3.21 - Cellar. A cellar is a story having more than one-half of its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement.

SECTION 3.22 - Directional Sign. Signs located on the premises that denote exits, entrances, parking or other similar information.

SECTION 3.23 - District. A section or sections of the incorporated area of the Village for which the regulations and provisions governing the use of building and land are uniform for each class of use permitted therein.

SECTION 3.24 - Dwelling. 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.

SECTION 3.25 - Dwelling-One-Family. A detached building designed exclusively for occupancy by one (1) family.

SECTION 3.26 - Dwelling-Two-Family. A building designed exclusively for occupancy by two (2) families living independently of each other.

SECTION 3.27 - Dwelling - Multiple. A building or portion thereof designed for occupancy by three (3) or more families living independently of each other.

SECTION 3.28 - Family. Shall mean two or more persons related by blood, marriage or adoption, including foster children, or a group of not more than six (6) persons (excluding servants) who need not be related by blood, marriage or adoption, living together and maintaining a common household, or no more than two (2) individuals not necessarily related to each other by blood, and their dependents, together with domestic servants, living as a single, not-for-profit housekeeping unit occupying a dwelling unit, or as otherwise defined by the Federal Fair Housing Act as may be amended from time to time.

SECTION 3.29 - Fence. A fence is a structure forming a barrier at grade level between lots, between a lot and a street, or any alley, or between portions of a lot or lots.

SECTION 3.30 - Flashing Sign. Shall mean any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times. Illuminated signs which indicate the time and/or temperature shall not be considered "Flashing Signs".

SECTION 3.31 - Floor Area, Gross. The sum of the gross horizontal areas of the several floors of such building or buildings - measured from the exterior faces of exterior walls or from the center line of party walls separating two (2) buildings. In particular "gross floor area" shall include:

a.

Basement space if at least one-half of the basement story height is above the established curb level or where the curb level has not been established, above the average level of the finished grade.

b.

Elevator shafts and stairwells at each floor.

c.

Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half (7½) feet, except equipment, open or enclosed, located on the roof, ie. bulkheads, water tanks and cooling towers.

d.

Attic floor space where the structural headroom exceeds seven and one-half (7½) feet.

e.

Interior balconies and mezzanines.

f.

Enclosed porches, but not terraces and breezeways.

g.

Accessory uses, other than floor space devoted exclusively to accessory off-street parking or loading.

SECTION 3.32 - Floor Area Ratio. The numerical value obtained through dividing the Gross Floor Area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located.

SECTION 3.33 - Free Standing Sign. Shall mean any sign supported by posts, poles, pylons, uprights, braces or other supports placed upon the ground, and not attached to any building.

SECTION 3.34 - Garage Private. An accessory building for the storage of not more than three (3) motor driven vehicles, of which not more than one (1) shall be a commercial vehicle of not more than two (2) ton capacity.

SECTION 3.35 - Garage Public. Means any building or portion thereof or premises where automobile vehicles or trailers, not owned or leased by the owner or lessee of said building or portion thereof or of the premises, are painted or stored, or where minor automobile repairs as defined in Section 3.9 - Automobile Repair, Minor, are made.

SECTION 3.36 - Ground Floor Living Area. The gross area of a building or buildings taken as a plane through the building, excluding accessory uses such as a garage.

SECTION 3.37 - Ground Level or Grade Level. Ground level or grade level is the natural grade of a lot or any parcel of property.

SECTION 3.37.1 - Group home. A residence licensed, certified or accredited for specialized residential care home by the appropriate state or federal agencies, that functions as a single housekeeping unit for the housing of unrelated persons with functional disabilities who share meals, recreation, social activities, and other aspects of residential living. Group homes exclude facilities that provide care for persons who have been convicted of a crime or who have been released from jail or prison. See also Halfway House (definition of Halfway House included for understanding).

SECTION 3.37.2 - Halfway House. A residence licensed, certified, or accredited by the appropriate state or federal agency for the housing of persons who have been convicted of a crime, or who have been released from jail or prison, that is designed to facilitate their readjustment to society and learn to adapt to independent living. Halfway houses aim to assist in community transition and may provide vocational training, counseling, and other services.

SECTION 3.38 - Home Occupation. Any use conducted entirely within the dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.

SECTION 3.39 - House Trailer. A vehicle without motive power, designed to be drawn or carried by a motor vehicle and to be used for human [h]abitation or for carrying persons and property. House trailer shall also include coaches and campers.

SECTION 3.40 - Hospital or Sanitarium. An institution open to the public in which patients or injured persons are given medical or surgical care; or for the care of contagious diseases or incurable patients.

SECTION 3.41 - Identification Sign. Shall mean any sign which directs attention to a business, profession, commodity, service or entertainment sold or offered upon the premises where such sign is located.

SECTION 3.42 - Illuminated Sign. Shall mean any sign which is illuminated by electric lights, or luminous devices, internal or external, to the sign proper and may include such chemical or physical properties which cause or effect a reflection.

SECTION 3.43 - Illuminated Traffic Signal. Shall mean any official traffic control device or sign which is illuminated by electric lights or luminous devices.

SECTION 3.44 - Incombustible Material. Shall mean any material which will not ignite at or below a temperature of 1200 degrees Fahrenheit and will not continue to burn or glow at that temperature.

SECTION 3.45 - Junk Yard. Open area where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

SECTION 3.45-1 - Living Space. Living space shall hereinafter be defined as measured from the exterior faces of exterior walls including utility rooms but excluding open porches, terraces, garages, cellars, basements, breezeways, and other spaces not used frequently or during extended periods for living, eating or sleeping purposes.

SECTION 3.46 - Loading and Unloading Space, Off-Street. An open hardsurfaced area of land other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor trucks, tractors and trailers, to avoid undue interference with the public use of streets and alleys. Such space shall not be less than ten (10) feet in width, forty-five (45) feet in length and fourteen (14) feet in height, exclusive of access aisle and maneuvering space.

SECTION 3.47 - Lot. A parcel of land occupied or intended for occupancy by a use permitted in this ordinance, including one (1) principal building and accessory building(s), the open spaces required hereunder for off-street parking or loading facilities and having its principal frontage upon a street or upon an officially approved place.

SECTION 3.48 - Lot, Corner. A parcel of land situated at the intersection of two or more streets or adjoining a curved street at the end of a block.

SECTION 3.49 - Lot, Interior. A lot other than a corner lot.

SECTION 3.50 - Lot Line, Rear. The rear lot line is the lot line most nearly parallel to the front line. Other lot lines are side lot lines.

SECTION 3.51 - Lot, Reversed Corner. A corner lot, the rear of which abuts the side of another lot, whether across the alley or not.

SECTION 3.52 - Lot Width. The horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.

SECTION 3.53 - Lot Depth. The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

SECTION 3.54 - Motor Vehicle Sign. Shall mean, when used in the ordinance, any sign on or attached to a motor vehicle which is parked for the primary purpose of displaying same.

SECTION 3.55 - Motor Fuel. Means the same as defined by the "Motor Fuel Tax Law" of the State of Illinois and the meaning of "Motor Fuel" in this Article shall change from time to time in accordance with any changes affected by amendment to the "Motor Fuel Tax Law".

SECTION 3.56 - Moving Sign. Shall mean any sign that has any external or visible part or parts that move, rotate, or spin.

SECTION 3.57 - Nonconforming Uses. Any building, structure or land lawfully occupied by a use or lawfully situated at the time of the passage of this ordinance or amendments thereto, which does not conform after the passage of this ordinance or amendments thereto with the regulations of this ordinance.

SECTION 3.58 - Person. Means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, public or private, or a receiver, trustee, conservator or other representative appointed by order of any court.

SECTION 3.59 - Portable Sign. Shall mean any sign designed to be moved from place to place and not exceeding forty (40) square feet in area (single surface) or eighty (80) square feet in area (double surface).

SECTION 3.60 - Premise. Shall mean any property, improved or unimproved.

SECTION 3.61 - Projecting Sign. Shall mean any sign which is attached directly to the building and which extends more than 12 inches from the face of the wall.

SECTION 3.62 - Setback. The horizontal distance between the front line of the building or structure and the front property line.

SECTION 3.63 - Shopping Center. Shall mean more than one individual business on the same zoning lot whether in the same building or in more than one building. A zoning lot or lots is a single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a zoning lot or lots may or may not coincide with a lot of record.

SECTION 3.64 - Sign. Shall mean any device or advertising symbol including, but not limited to exterior clocks, temperature indicators, marquees, canopies, awnings, placards or other representations, which may or may not contain words, letters, printing, pictures, designs or combinations thereof used in the nature of advertisement, announcement, or directions calculated to attract the attention of the public.

SECTION 3.65 - Station Attendant. Means any person, employee or agent of the owner or lessee of an automobile service station, an automobile or trailer station, public garage or car wash facility responsible for the transaction of any portion of the business of such station, garage or facility; provided each attendant shall be sixteen (16) years of age or older.

SECTION 3.66 - Store Front. Shall mean that portion of the store or building fronting or facing toward the street to which the legal address has been assigned.

SECTION 3.67 - Story. 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 the floor and the ceiling next above it. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof.

SECTION 3.68 - Story, Half. A half story is that portion of a building under a gable, hip or mansard roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four and one-half (4½) feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings, and multiple-family dwellings less than three stories in height, a half story in a sloping roof shall not be counted as a story for the purpose of this ordinance.

SECTION 3.69 - Street. A public way other than an alley.

SECTION 3.70 - Structure. Anything constructed or erected which requires location on the ground or is attached to something having location on the ground.

SECTION 3.71 - Structural Repairs or Alterations. Any change, other than incidental repairs, which would prolong the life of supporting members of a building such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations.

SECTION 3.72 - Surface Area of Sign. The entire area within a single continuous perimeter enclosing the extreme limit of a sign; in no case shall this perimeter pass through or between any adjacent elements of the same. The width of a frame shall be included in the area of calculation. Should letters or graphics be mounted directly on a wall or facia or in any such way as to be without a frame, the dimensions for calculating the square footage shall be the area contained within the periphery formed around such letters or graphics bounded by straight lines connecting the outermost points thereof. Both sides of a double-faced sign structure shall be used in computing total surface area. Signs three (3) feet or less in depth are considered flat surface signs for the purpose of calculating gross square footage. Signs over three (3) feet in depth are considered multifaced or irregular shaped signs and shall be computed on the basis of the sum of the square foot area of each surface face excluding the top and bottom.

SECTION 3.73 - Unimproved Lot. An unimproved lot shall mean any platted lot or tract of land used as a whole which is completely unoccupied by a building or structure and upon which no building or structure has been commenced.

SECTION 3.74 - Use Principal. The main use of a land or building as distinguished from a subordinate or accessory use. A "principal use" may be either "permitted" or "special".

SECTION 3.75 - Use, Permitted. A use which may lawfully be established in a particular district or districts, provided it complies with all requirements, regulations and standards of such district.

SECTION 3.76 - Use, Special. A use, either public or private, which because of its unique characteristics, cannot properly be classified as a permitted use in any particular district or districts. After due consideration in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such "special use" may or may not be granted.

SECTION 3.77 - Yard. An open space between a building and the adjoining lot lines, unoccupied and unobstructed, except as herein provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the principal building shall be used.

SECTION 3.78 - Yard, Front. A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the principal building or any projections thereof other than the projection or usual uncovered steps, unenclosed balconies, unenclosed porches, or unenclosed patios.

SECTION 3.79 - Yard, Rear. A yard extending across the rear of a lot, measured between the side lot line, and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof other than the projection of usual uncovered steps, unenclosed balconies, unenclosed porches, and unenclosed patios.

SECTION 3.80 - Yard, Side. A yard between the principal building and the side line of a lot extending from the front setback line to the rear setback line, and being the minimum horizontal distance between the side of the principal building and any projections thereof.

SECTION 3.81 - Wall Sign. Shall mean any sign which is attached directly to the building wall and which does not extend more than 12 inches from the face of the wall.

(Ord. No. 294, § 2(Exh. A), 4-27-04; Ord. No. 309, 1-25-05; Ord. No. 464, § 2, 8-26-14)