In accordance with 65 ILCS 5/11-13-1 et seq., this chapter regulates structures and land uses in the city as depicted on the accompanying zoning map in order to preserve, protect, and promote the public health, safety, and welfare. More specifically this chapter is intended to assist in achieving the following purposes:

(1)

To divide the city and such adjacent unincorporated areas as permitted by statute into zoning districts and regulating within these the location, erection, construction, reconstruction, alteration, and use of buildings, structures, and land;

(2)

To regulate the intensity of the use of lot areas and to control the area of open spaces around such buildings or structures so as to provide adequate light, air, privacy, convenience of access, and the protection of the public health;

(3)

To protect and preserve the character, value, and stability of the residential, business, industrial, agricultural, and public areas within the city and such adjacent unincorporated areas as may be permitted by state statutes, and to promote the orderly and beneficial development of such areas;

(4)

To prohibit uses, building, or structures incompatible with, or detrimental to, the character of development or intended uses within specified zoning districts;

(5)

To prevent additions to, and alterations and remodeling of, existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed hereunder;

(6)

To limit congestion of public streets and protect public health, safety, pedestrian rights, convenience and general welfare by regulating vehicular parking areas and loading areas;

(7)

To provide for the gradual elimination of nonconforming uses of land, building, and structures that are adversely affecting the character, the intended use, or the value of desirable development as specified for each district;

(8)

To designate public areas and land for aesthetic, cultural, and recreational purposes for the health, welfare, comfort, safety, and enjoyment of people, conveniently located and easily accessible to residents of all ages;

(9)

To secure safety from fire, explosives, noxious fumes, panic, and other dangers in the interest of public health, safety, comfort, and general welfare;

(10)

To conserve the taxable value of land and buildings throughout the city;

(11)

To provide penalties for violation of this chapter as may be permitted by state statutes;

(12)

To attain the objectives established by the comprehensive plan for the future development;

(13)

To control floodplain uses such as fill, dumping, storage of materials, structures, buildings, and any other works which acting alone or in combination with other existing or future uses will cause damaging flood heights and velocities by obstructing flows and reducing valley storage;

(14)

To control development which will, when acting alone or in combination with similar development, cause flood losses if public streets, sewer, water, and other utilities must be extended below the flood level to serve the development;

(15)

To control development which will, when acting alone or in combination with similar development, create an additional burden to the public to pay the costs of rescue, relief, emergency preparedness measures, sandbagging, pumping, and temporary dikes or levees.

(Code 1977, § 17.04.020; Ord. No. 06-04, 2006)

(a)

All buildings or structures erected hereafter, all uses of buildings, structures or land established hereafter, and all structural alteration or relocation of existing buildings or structures occurring hereafter shall be subject to all regulations of this chapter, or any amendment hereto, which are applicable to the zoning districts in which such buildings, structures or parcels of land shall be located.

(b)

However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, or any amendment hereto, and provided that construction was begun before the effective date hereof, or any amendment hereto, and completion is accomplished within one year of the adoption of these regulations, or any amendment hereto, the building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may, upon completion, be occupied for the use for which originally designated, subject thereafter to the provisions of this chapter.

(Code 1977, § 17.04.030; Ord. No. 06-04, 2006)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the safety, health, convenience, comfort, prosperity, and general welfare. It is not intended by this chapter to interfere with, abrogate, amend, or repeal in any ordinance, rules, or regulations previously adopted and not in conflict with any of the provisions of this chapter or which shall be adopted pursuant to law relating to the use of buildings or premises, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, except that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by such other ordinances or such easements, covenants, or other agreements, the provisions of this chapter shall control.

(Code 1977, § 17.04.040; Ord. No. 06-04, 2006)

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. In addition, the word "lot" shall include the words "plot," "piece," and "parcel"; the word "building" includes all other structures of every kind, regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

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

Adult-oriented business means any use which contains a substantial or significant portion occupied by the sale, rental, lease, inspection, or viewing of media (whether print, electronic, magnetic or other) depicting or describing sexual activities, sale of materials used for sexual activities, the provision of live entertainment which depicts, describes, or characterizes sexual activities, or any combination thereof. The term "adult-oriented business" further includes any premises to which the public patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments, or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron, or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. The term "substantial or significant portion" means at least 30 percent of the floor space of the establishment.

Agricultural building or structure means any building or structure existing or erected on land used principally for agricultural purposes, with the exception of dwelling units.

Agriculture.

(1)

The term "agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing and treating of any such accessory uses shall be secondary to that of the normal agricultural activities.

(2)

The term "agriculture" shall not include the commercial feeding of garbage or offal to swine or other animals, the commercial feeding of animals on open lots where no feed is raised on the premises, or the commercial feeding of fur bearing animals, poultry broilers, or laboratory animals such as mice, rabbits, rats, etc.

Aircraft means any contrivance, now known or hereafter invented for use in or designed for navigation of or flight in the air.

Airport (landing strip, heliport, or aircraft stop) means any premises which are used or intended for use, for the landing and take off of aircraft; and any appurtenant areas which are used or intended for use for buildings incidental to aircraft services, together with all buildings and structures thereon.

Alley means a public or private way permanently reserved as a secondary means of access for a public way and not to be in excess of 30 feet in width at its intersection with a street.

Apartment means a room or suite of rooms, with toilet and culinary accommodations used or designed for use as a residence by an individual or family, located in a building containing two or more such dwelling units or located in a building devoted primarily to nonresidential use.

Apartment building means a single building comprised of two or more dwelling units with shared entrance facilities, where none of the dwelling units are rented or are available for rent or occupation for periods of less than 30 days.

Assisted living facility means a building or premises which provides supervised accommodations for the elderly, those with disabilities, or other persons requiring shelter, meals, or medication assistance for definite periods of time for three or more persons. Such facilities may include medical service or social services for residents.

Auto repair, major, means engine rebuilding or major reconditioning of worn or damaged motor vehicles, or trailers; collision service, including body, frame, or fender straightening or repair, and overall painting of vehicles.

Auto repair, minor, means incidental repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under the definition of "automobile repair, major."

Automobile dealership means any business establishment that sells or leases new or used automobiles, trucks, vans, trailers, recreational vehicles, boats, or motorcycles or other similar motorized transportation vehicles. An automobile dealership may maintain an inventory of the vehicles for sale or lease either on site or at a nearby location and may provide on-site facilities for the repair and service of the vehicles.

Automobile service station means any building or premises used for the dispensing, sale, or offering for sale at retail to the public, automobile fuels stored only in underground tanks and located wholly within the lot lines; lubricating oil or grease for the operation of automobiles; and the sale and installation of tires, batteries, other minor accessories, and minor auto repair, but not including major auto repairs, automobile wrecking, automobile sales, or carwashes; provided, however, that the washing of individual automobiles where no chain conveyor is employed may be included. When the dispensing, sale, or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. The term "automobile service station" shall not include the sale or storage of trucks or junkers as defined herein, except trucks used in the operation of the service station and shall not include a bulk plant.

Automobile wrecking (area or lot) means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.

Base flood means the flood having a one-percent probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year flood. The base flood elevation at any location is as defined in section 62-98.

Base flood elevation (BFE) means the elevation in relation to mean sea level of the crest of the base flood.

Basement means that portion of the building between floor and ceiling which is so located that one-half or more of the clear height from floor to ceiling is below grade. A basement is counted as a story for the purpose of height regulation if subdivided and used for dwelling purposes other than by a custodian employed on the premises.

Bed and breakfast means a home occupation within a single-family dwelling, including its guesthouses, wherein not more than ten rooms are rented and meals are served to transient travelers for commercial purposes.

Block means that property on one side of a street between two adjacent streets which intersect the street in question.

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

Building means a structure having a roof, supported by columns or walls, for the shelter support, or enclosure of persons, animals, or chattels; and when separated by division walls from the ground up and without openings, each portion of such building shall be deemed as a separate building.

Building, accessory, means a building which:

(1)

Is subordinate to and serves a principal building;

(2)

Is subordinate to the area or extent of the principal building served;

(3)

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

(4)

Is located on the same zoning lot as the principal building served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building served.

Building area means the horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on the lot.

Building, completely enclosed, means a building separated on all sides from the adjacent open space, or from other buildings or other structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

Building, detached, means a building surrounded by open space, with the open space being on the same zoning lot as the building.

Building, principal, means a nonaccessory building in which a principal use on the zoning lot on which it is located is conducted.

Building, unit group, means two or more buildings (other than dwellings) grouped upon a lot and held under one ownership, such as universities, hospitals, institutions, churches, and temples, and industrial plants.

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

(1)

Size and height of buildings;

(2)

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

(3)

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

(4)

All open spaces allocated to buildings;

(5)

Amount of lot area per dwelling unit.

Bulk plant means any place where flammable liquids are received by tanker, barge, pipeline, tank car or tank vessel or truck and are stored or blended in bulk for the purpose of distributing such liquids by tank truck, pipeline, tank car, tank vessel or container.

Bus lot means any lot or land area used for the storage or layover of passenger buses or motor coaches.

Business means any lawful commercial endeavor to engage in the manufacturing, purchase, sale, lease, or exchange of goods and/or the provision of services.

Cannabis business establishment means a cultivation center, craft grower, processing organization, dispensing organization, or transporting organization.

Capacity in persons, of an establishment or use, means the maximum number of persons that can avail themselves of the services (or goods) of such establishment, at anyone time, with reasonable comfort.

Carwash means a building, or portion thereof, containing facilities for washing more than two automobiles, using a blower, steam-cleaning device, or other mechanical devices. This definition may also include a self-service carwash.

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

Channel means a natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of the defined channel.

Clinic or medical health center means an establishment where patients are admitted for special study and treatment by two or more licensed physicians and their professional associates, practicing medicine together; with the treatment or care in the building limited to periods of less than 48 hours in any week.

Club means an association of persons for some common purpose which is jointly supported and meets periodically, but not including groups organized primarily to render service which is customarily carried on as a business.

Commission refers to the planning and zoning board of the city.

Common open space means undeveloped land within a development that has been designated, dedicated, reserved, or restricted in perpetuity from further development and is set aside for the use and enjoyment by residents of the development. Common open space shall not be part of individual residential lots.

Craft grower means a facility operated by an organization or business that is licensed by the 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.

Crematory means any building or structure containing the certified apparatus intended for use in the act of cremation.

Critical facility means any public or private facility which, if flooded, would create an added dimension to the disaster or would increase the hazard to life and health. Examples are public buildings, emergency operations and communication centers, health care facilities and nursing homes, schools, and toxic waste treatment, handling, or storage facilities.

Cul-de-sac means a street having one open end and being permanently terminated by a vehicle turnaround.

Cultivation center means a facility operated by an organization or business that is licensed by the department of agriculture to cultivate, process, transport, and perform other necessary activities to provide cannabis and cannabis-infused products to cannabis business establishments.

Curb level means the level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the curb level shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the curb level.

Day care center means any child or adult care facility which regularly provides day care for less than 24 hours per day for more than eight children or adults in a family home or more than three children or adults in a facility other than a family home, including senior citizen buildings and the following:

(1)

Programs operated by public or private elementary schools systems or secondary level school units or institutions or higher learning which serve children who shall have attained the age of three years;

(2)

Programs or that portion of the program which serves children who shall have attained the age of three years and which are recognized by the state board of education;

(3)

Educational programs serving children who shall have attained the age of three years and which are operated by a school which is registered with the state board of education and which is recognized or accredited by a recognized national or multistate educational organization or association which regularly recognizes or accredits schools;

(4)

Programs which exclusively serve or that portion of the program which serves handicapped children who shall have attained the age of three years but are less than 21 years of age and which are registered and approved as meeting standards of the state board of education and applicable fire marshal standards;

(5)

Facilities operated in connection with a shopping center or service, religious services or other similar facility where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises and readily available;

(6)

Any type of day care center that is conducted on federal governmental premises;

(7)

Special activities programs, including athletics, crafts instruction and similar activities conducted on an organized and periodic basis by civic, charitable and governmental organizations;

(8)

Part day child care facilities, as defined in section 2.10 of the Illinois Child Care Act of 1969 (225 ILCS 10/1 et seq.); or

(9)

Programs or that portion of the program which:

a.

Serves children who shall have attained the age of three years;

b.

Is operated by churches or religious institutions as described in section 501(c)(3) of the federal Internal Revenue Code;

c.

Receives no governmental aid;

d.

Is operated as a component of religious, nonprofit elementary school;

e.

Operates primarily to provide religious education; and

f.

Meets appropriate state or local health and fire safety standards.

Day care home means family homes which receive more than three, up to a maximum of eight children or adults for less than 24 hours a day. The number includes the natural or adopted children and all persons under the age of 12 years. Such day care homes shall be licensed by the state department of children and family services under the Illinois Child Care Act of 1969, 225 ILCS 10/1 et seq., and allowed as a home occupation.

Development means any manmade change to real estate, including:

(1)

Construction, reconstruction, or placement of a building or any addition to a building valued at more than $1,000.00;

(2)

Installing a manufactured home on a site, preparing a site for a manufactured home on a site, preparing a site for a manufactured home or installing a travel trailer on a site for more than 180 days per year;

(3)

Installing utilities, construction of roads, or similar projects;

(4)

Construction or erection of levees, walls, fences, bridges, or culverts;

(5)

Drilling, mining, filling, dredging, grading, excavating, or other nonagricultural alterations of the ground surface;

(6)

Storage of materials including the placement of gas and liquid storage tanks;

(7)

Any other activity that might change the direction, height, or velocity of flood or surface waters.

The term "development" does not include routine maintenance of existing buildings and facilities such as re-roofing, resurfacing roads, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, or construction of levees.

Development, cluster, means a development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, or the preservation of a historically or environmentally sensitive features. It shall meet the minimum acreage requirements of planned developments. The total number of lots shall not exceed the number that would be permitted if the area had been developed with lot sizes as required by the zoning district.

Dispensing organization means a facility operated by an organization or business that is licensed by the department of financial and professional regulation to acquire cannabis from a cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies under the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.) to purchasers or to qualified registered medical cannabis patients and caregivers. A dispensing organization shall include a registered medical cannabis organization as defined in the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.) that has obtained an early approval adult use dispensing organization license.

District means a portion of the incorporated area of the municipality within which certain regulations and requirements apply under the provisions under this chapter.

Dwelling, attached, means a dwelling joined to one or more other dwellings by party walls.

Dwelling, converted, means any building which was originally designed and constructed as a one-, two-, or three-family dwelling, but which has been changed or altered by the construction of additional dwelling units to provide for more families than the original building.

Dwelling, detached, means a dwelling entirely surrounded by open space, with the open space being on the same zoning lot as the dwelling.

Dwelling, farm, means the principal dwelling unit on a parcel of land used for agriculture. This dwelling shall be occupied by the owner or his tenant who is actively engaged in agriculture as their primary source of income.

Dwelling, multiple-family, means a dwelling designed for or occupied by three of more families, with the number of families in residence not exceeding the number of dwelling units provided, designed with more than one dwelling unit connecting to a common corridor or entranceway, originally constructed for the stated purpose; and not including converted dwellings or attached row dwellings (party wall type) as defined herein.

Dwelling, single-family, means a dwelling containing accommodations for and occupied by one family only, either attached, detached, or semi-detached.

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

Dwelling unit means a single unit providing complete, independent living facilities, for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Educational institution means public, parochial, charitable, or nonprofit junior college, college, or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers, and employees.

Efficiency unit means a dwelling unit consisting of one room exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room providing such dining alcove does not exceed 125 square feet in area.

Establishment, business, means a separate place of business having the following characteristics:

(1)

The ownership and management of all operations conducted within such establishment are separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lot.

(2)

Direct public access to such business establishment is separate and distinct from direct access to any other business establishment.

Family means an individual, or two or more persons related by blood, marriage or adoption, or a group of not more than three persons (excluding servants) not related by blood, marriage, or adoption living together as a single housekeeping unit in a dwelling unit, but not including sororities, fraternities, or other similar organizations.

Farmstead means that area of an agricultural area which contains the farm dwelling and accessory buildings or structures but not including areas used for crops or animal pasturage.

FEMA means Federal Emergency Management Agency.

Fence means a structure intended as a boundary, privacy screening, a means of containing persons or animals, a means of protection, or for landscaping aesthetics, and is constructed of any allowable material but does not include hedges, shrubs, trees, or natural growth.

Fence height means the vertical distance from any point of natural ground level perpendicularly to the highest edge of the fence.

Flood means a general and temporary condition of inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.

Flood fringe means that portion of the floodplain outside of the regulatory floodway.

Flood insurance rate map means a map prepared by FEMA that depicts the floodplain or special flood hazard area. This map includes insurance rate zones and may or may not depict floodways and show base flood elevations.

Flood protection elevation (FPE) means the elevation of the base flood plus one foot at any given location in the SFHA.

Floodplain or special flood hazard area (SFHA) means those lands within the jurisdiction of the city that are subject to inundation by the base flood. The SFHAs of the city are generally identified as such on the flood insurance rate map of the city prepared by FEMA and dated September 30, 1988. The SFHAs of those parts of unincorporated Whiteside County that are within the extraterritorial jurisdiction of the city or that may be annexed into the city are generally identified as such on the flood insurance rate map prepared for the county by FEMA and dated February 19, 1986. The term "floodplain" also includes those areas of known flooding as identified by the community.

Floodproofing means any combination of structural or nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate, property, and their contents.

Floodproofing certificate means a form published by the FEMA that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.

Floodway means that portion of the SFHA required to store and convey the base flood. The floodway for each of the SFHAs of the city shall be according to the best data available from federal, state, or other sources.

Floor area, for the purpose of determining the floor area ratio, means the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area of a building shall include basement floor area when more than one-half of the basement height is above the established curb level or above the finished lot grade level where no curb level has been established, elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), penthouses, attic space having headroom of 7½ feet or more, interior balconies and mezzanines, enclosed porches, land floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in floor area. The floor area of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be determined on the basis of height in feet (i.e., ten feet in height shall equal to one floor).

Floor area, for determining off-street parking and loading requirements, means the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use. This includes accessory storage areas located within selling or working space such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, the term "floor area" for the purpose of measurement for off-street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space; or basement floor areas other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

Floor area ratio (FAR), of the buildings on any zoning lot, means the floor area of the buildings on that zoning lot divided by the area of such zoning lot, or planned developments, by the net site area. The floor area ratio requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for the buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.

Frontage means all the property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street, or if dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

Funeral home means an establishment engaged in preparing the human deceased for burial, entombment, and arranging and managing funerals.

Garage, bus, means any building used or intended to be used for the storage of three or more passenger motorbuses or motor coaches used in public or private transportation, including school buses.

Garage, private, means a detached accessory building or portion of the main building, designed, arranged, used or intended to be used for the storage of passenger automobiles of the occupants of the premises.

Garage, public, means a building other than a private garage, used for the care, incidental servicing, and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire, or sale within the structure, but not including trucks, tractors, truck-trailers, and commercial vehicles exceeding 1½-ton capacity.

Garage, truck, means a building which is used or intended to be used for the storage of motor trucks, truck-trailers, tractors, and commercial vehicles exceeding 1½-ton capacity.

Gas station means any building or premises where the primary use is the dispensing, sale, or offering for sale of motor fuels, oils, motor vehicle accessories, and incidental convenience goods. A gas station may or may not include a mini-mart as part of the site.

Grade, street, means the elevation of the established street in front of the building measured curb level at the center of such front. Where no street grade has been established, the city engineer shall establish such street grade or its equivalent for the purpose of this chapter.

Guesthouse means living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities, nor be rented or otherwise used as a separate dwelling.

Height of building means 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 front. Where a building is located upon a terrace or slope, the height shall be measured from the average grade at the front of the building.

Home occupation means an occupation or profession which is conducted in a principal building or dwelling unit; conducted entirely by residents of the family occupying the unit; clearly incidental and secondary to the use of the dwelling unit for residential purposes; and properly issued a certificate of occupancy permit by the zoning administrator and conforms with the following conditions:

(1)

There shall be no change in the outside appearance of the building or premises, no exterior display, no exterior storage of materials and not other exterior indication of the home occupation or variation from the residential character of the principal building. One sign not exceeding four square feet in area, nonilluminated, and mounted flat against the wall of the principal building may be permitted.

(2)

No home occupation shall be conducted in any accessory building.

(3)

No nuisance shall be generated, including but not necessarily limited to offensive noise, vibration, smoke, dust, odors, heat, or glare.

(4)

No parking of trucks or commercial vehicles larger than 1½ tons is permitted. Off-street parking shall be in accordance with article IX of this chapter.

(5)

The occupation or profession shall not utilize more than 20 percent of the dwelling unit floor area.

(6)

A certification license shall be obtained prior to operating a business.

(7)

The home occupation must renew a certificate of occupancy permit every two years.

Hospital means an institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than 24 hours in any week, of three or more nonrelated individuals suffering from illness, disease, injury, deformity, or other abnormal physical conditions. The term "hospital," as used in this chapter, does not apply to institutions operating primarily for treatment of insane persons, drug addicts, liquor addicts, or other types of cases necessitating restraint of patients, and the term "hospital" shall not include convalescent, nursing, and homes.

Hotel means a building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contrast to a boardinghouse, a lodginghouse, or an apartment house, which are separately defined.

Hotel apartment means a building containing dwelling units or individual guests rooms, the majority of which are for permanent guests. Maid and janitor service may be provided but kitchen facilities are not necessarily included.

IDNR/OWR means Illinois Department of Natural Resources/Office of Water Resources.

Impervious coverage means a measure of the percentage of lot coverage for principal and accessory structures irrespective of the height or floor area. For the purposes of this definition, impervious coverage only includes the structures on the lot and other privately owned impervious amenities such as roads, driveways, sidewalks, or parking lots.

Kennel, commercial, means any lot or premises or portion thereof on which more than four dogs or cats, or other household domestic animals over four months of age, are kept or on which more than two such animals are boarded for compensation or for sale.

Laboratory, commercial, means a building or a group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation. Manufacturing, assembly, packaging, or selling of products is not included within this definition unless it is incidental to the use of a commercial laboratory.

Limited access highway means a traffic way, including expressways and toll roads for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of direct access.

Loading and unloading space, off-street, means an open, hard-surfaced area of land, other than a street or public way, 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 be not less than 15 feet in width, 55 feet in length, and 14 in height, exclusive of access aisles and maneuvering space.

Lodge or fraternal order means a hall or meeting place of a local branch or the members composing such a branch of a fraternal order, or society, such as the Masons, Knights of Columbus, Moose, American Legion and other similar organizations. It may be permissible to serve food and meals on such premises providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests may be allowed provided it is secondary and incidental to the promotion of some other common objective by the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable federal, state, county, and city laws.

Lodginghouse or roominghouse means a building with not more than five guestrooms where lodging is provided for compensation pursuant to previous arrangement, but not open to transient guests, in contrast to hotels, which are open to transients.

Lot means a parcel of land having single ownership and occupied or to be occupied by one building and accessory buildings and uses and including the open spaces required under these regulations. A lot may be land so recorded on the records of the county recorders office.

Lot, corner, means a lot located at the intersection of two or more streets bordering on two or more of the streets.

Lot coverage means the area of a zoning lot occupied by the principal buildings and accessory buildings.

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

Lot, double frontage or through, means a lot having frontage on two nonintersecting streets as distinguished from a corner lot.

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

Lot line, front, for an interior lot, means the property line of a zoning lot parallel to the street line of the lot; if a corner lot it shall be the shortest property line parallel to a street line.

Lot line, interior, means a side lot line common with another lot.

Lot line, rear, means the lot line or lot lines most nearly parallel to and most remote from the front lot line. Lot lines other than front or rear lot lines are side lot lines.

Lot of record means a lot which is part of a subdivision, the plat of which has been recorded in the office of the county recorder of deeds, pursuant to statute.

Lot, through, means a lot having its front and rear lot lines on adjacent and substantially parallel streets, otherwise known as a double-frontage lot.

Lot width means the horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.

Manufactured home means a structure transportable in one or more sections, that is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities.

Motel means an establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by temporary occupants with parking space conveniently located to each unit. A motel furnishes customary motel services such as maid service and laundering of linen, telephone, and secretarial or desk service, and the use and upkeep of furniture. In a motel, less than 50 percent of the living and sleeping accommodations are occupied or designed for occupancy by persons other than temporary occupants.

Motor freight terminal means a building in which freight, brought to the building by motor truck, is assembled and/or sorted for routing in interstate shipment by motor truck.

Motor truck repair shop means a premises where motor trucks, tractors, truck-trailers and industrial and commercial vehicles in excess of 1½-ton capacity, or their bodies, are overhauled, rebuilt, or repaired.

Motor vehicle means a passenger vehicle, truck, tractor, tractor-trailer, truck-trailer, trailer, or semi-trailer propelled or drawn by mechanical power.

NFIP means National Flood Insurance Program.

Nonconforming building means a building, structure, or portion thereof lawfully existing at the time of adoption of the ordinance from which this chapter is derived, which was designed, erected, or structurally altered for a use that does not conform to the use regulations of the district in which it is located.

Nonconforming use means a use which lawfully occupied a building or land at the time of adoption of the ordinance from which this chapter is derived and which does not conform to the use regulations of the district in which it is located.

Noxious matter or materials means matter which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.

Nursing home or rest home means a home licensed by the state for the aged or chronically or incurably ill persons in which five or more such persons not of the immediate family are provided with food and shelter or care compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Nursery school or preschool means an institution providing day care service and schooling for children from four to six years of age.

Obstruction, watercourse, means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

Open fence means a fence, including entrance and exit gates, in which the surface area contains at least 70 percent open spaces and which does not interfere with visibility, or the free passage of air through the fence.

Parking area, private, means an open, hard-surfaced area, other than a street or alley, used for the parking of private passenger automobiles only of occupants of the building or buildings for which the parking area is developed and is necessary.

Parking area, public, means an open, hard-surfaced area, other than a street or public way intended to be used for the storage of passenger automobiles and commercial vehicles under 1½-ton capacity, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.

Parking area, truck, means any land used or intended to be used for the storage or parking trucks, tractors, truck trailers, and including commercial vehicles, while not loading or unloading and which exceed 1½ tons in capacity.

Parking space, automobile, means space within a public or private parking area of not less than 190 square feet (ten feet by 19 feet) exclusive of access drives or aisles, ramps, columns, or office and work areas, for the storage of a passenger automobile or commercial vehicle under 1½-ton capacity.

Pedestrian way, public, means any walk, path, stairway, plaza, court, mall, or other way open to the public and used exclusively or primarily by pedestrians.

Performance standard means zoning regulations that permit uses based on a particular set of standards of operation rather than on particular type of use. Performance standards provide specific criteria limiting noise, air pollution, emissions, odors, vibration, dust, dirt, glare, heat, fire hazards, wastes traffic impacts, and visual impact of a use.

Physical fitness center means a place or building, not including a school, licensed health care facility or hotel, where passive or active exercises and related activities are performed for the purpose of physical fitness, improved circulation or flexibility, self-defense, and/or with control. Fitness centers include, but are not limited to, athletic clubs, health clubs, fitness/health studios, and personal training with gym equipment.

Planned business center means any commercial development, consisting of one or more buildings containing two or more stores or offices, with an aggregate gross floor space of more than 50,000 square feet, which development may be planned or developed as a coordinated unit or which development may be characterized by an integrated arrangement of stores, offices, buildings, and facilities, shall be considered as a single unit for all purposes within the meaning and scope of this chapter, and shall be permitted only as a special use in accordance with the provisions of this chapter.

Planned unit development means a tract of land which is developed as a unit under single ownership or control, which includes one or more principal buildings and uses related to the operation and character of the planned unit development. A more imaginative design of projects is encouraged. In residential districts, the planned unit development includes a group housing project (whether separately located or separated only, but completely, by firewalls) where the existing or contemplated street or streets or lot layouts makes it impractical to apply the bulk regulations of this chapter to the individual units in such housing project.

Porch means a roofed-over structure, projecting out from the wall or walls of a main structure and commonly open to the weather in part. It may or may not use columns or other ground supports for structural purposes.

Processing organization means a facility operated by an organization or business that is licensed by the 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. A processing organization shall include an infuser organization or infuser, as such terms are defined in the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.).

Public improvement means any facility for which the city, or other municipal body may ultimately assume the responsibility for maintenance and operation or which is constructed for general public use or benefit.

Public open space means any publicly owned open area, including, but not limited to, the following: parks, playgrounds, school sites, parkways, and streets.

Public utility means any person, firm, or corporation duly authorized to furnish to the public electricity, gas, telephone, transportation, water, or sewerage systems.

Public way means any sidewalk, street, alley, highway, or other public thoroughfare.

Railroad right-of-way means a strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, or water towers.

Repetitive loss means flood related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25 percent of the market value of the structure before the damage occurred.

Residual area or open space means that part of a tract of land which remains open and unobstructed for public parks, resource protection, recreation purposes, or buffer yards where the subdivision or development of the tract includes dwelling units located in a cluster or on lots which have less area than required by the zoning district in which the development is located, subject to the definition requirements of this chapter for cluster subdivisions. Open space may be landscaped in accordance with plans approved by the city.

Restaurant means any land, building, or part thereof, other than a boardinghouse, where meals are provided for compensation, including a cafe, cafeteria, coffee shop, lunchroom, tearoom, and dining room.

Right-of-way means an area of land not on a lot that is dedicated for public or private use to accommodate a transportation system and necessary public utility infrastructure (including, but not limited to, water lines, sewer lines, power lines, and gas lines). In no case shall a right-of-way be construed to mean an easement.

Salvage vehicle means an automobile, truck, or other motor vehicle which has been damaged to such an extent that it cannot be operated under its own power and will require major repairs before being made usable, or such a vehicle which does not comply with state or city vehicle laws or ordinances.

Salvage yard means any parcel of land where waste, scrap metal, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building. Any business and any place of storage or deposit, whether in connection with another business or not, which has stored or deposited two or more unregistered motor vehicles that are not longer intended or in condition for legal use on the public highways, or used parts of motor vehicles or old iron, metal, glass, paper, cordage, or other waste or discarded or secondhand material which has been a part, or intended to be a part, of any motor vehicle, the sum of which parts or material shall be equal in bulk to two or more motor vehicles.

School means a public or private institution which offers instructions in any of the branches of learning and study comparable to that taught in the public schools under the Illinois School Code, including pre-kindergarten, kindergarten, elementary school, and junior and senior high schools, but excluding trade, business, or commercial schools.

Setback means the minimum horizontal distance between a building and any lot line as may be required by this chapter.

Setback line means a line parallel to the street line of a zoning lot at a distance prescribed by this chapter.

Sign means a name, identification, description, display, or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, person, institution, organization, or business.

Solid fence means a fence, including entrance and exit gates, which conceals from outside view any roads, materials stored, or operations conducted within a property.

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 is not a floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.

Story, half, means that portion of a building under a gable, hip, or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4½ feet above the finished floor of such story. In the case of single-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 chapter. In the case of multiple-family dwellings, three or more stories in height, a half-story shall be counted as a story.

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

Street line means the division between private property and a dedicated street or way, usually uninterrupted from corner to corner in any given block, also referred to as right-of-way line.

Street, platted, means a public easement or property dedicated or intended as a street which has not been improved or open to vehicular traffic.

Structural alterations means any change in the supporting members of a building such as bearing walls or partitions, columns, beams, or girders, excepting such alterations as may be required for the safety of the building.

Structure means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including but without limiting the generality to advertising signs, billboards, backstops for tennis courts, curbs, fences, pavements, sidewalks, and pergolas.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred regardless of actual repair work performed. Volunteer labor and materials must be included in this determination.

Substantial improvement means any reconstruction, rehabilitation, addition, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or

(2)

Any alteration of a structure listed on the National Register of Historic Places or the state register of historic places.

Telecommunications structure means a structure attached to a building or a detached structure affixed to the ground, used in the transmission, relaying, or receiving of electromagnetic waves or signals.

Terrace, open and patio, means a level plane or platform which, for the purpose of this chapter, is located adjacent to one or more faces of the principal structure and which is constructed not more than four feet in height above the average level of the adjoining ground.

Trailer house or mobile home means any trailer as defined herein used for residential purposes.

Transporting organization means an organization or business that is licensed by the 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.

Travel trailer or recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less in size;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Use means the purpose for which land or a building thereon is designed, arranged, or intended, or for which it is occupied, maintained, lent, or leased.

Use, accessory.

(1)

An accessory use is one which:

a.

Is subordinate to and serves a principal use;

b.

Is subordinate in purpose to the principal use served;

c.

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

d.

Is located on the same zoning lot as the principal use served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the use served.

(2)

An accessory use in residential zoning districts includes, but is not limited to, the following:

a.

Children's playhouse, garden house, swimming pool, and private greenhouse;

b.

Garage, shed, or building for domestic storage;

c.

Air conditioning units incidental to residential use.

(3)

An accessory use in business or commercial zoning districts includes, but is not limited to the storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless storage is excluded by the district regulations.

Use, permitted, means a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such district.

Use, principal, means the main use of land or building as distinguished from a subordinate or accessory use. A principal use may be either permitted or special.

Use, special, means any use of land or buildings, or both, described and permitted herein, subject to the provision of this chapter.

Use, temporary, means the use of land or building established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

Used car lot means a lot on which used or new cars, trailers, or trucks are displayed for sale or trade.

Visibility triangle. On a corner lot in any district, development shall conform to the requirements of the visibility triangle in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of three feet and eight feet above the grades at the back of the curb of the intersecting streets, within the triangular area formed by the right-of-way lines and a line connecting them at points 30 feet from their point of intersection, or at equivalent points on private streets, except that the visibility triangle may be increased or decreased when deemed necessary for traffic safety or lot requirement exceptions by the city council.

Yard means an open space on the same zoning lot, with a principal building, which is unoccupied and unobstructed from its lowest level upwards, except as otherwise permitted in this chapter, and which extends along a lot line and at right angles thereto a depth or width specified in the yard regulations for the district in which the zoning lot is located.

Yard, front, means an open space extending across the full width of the zoning lot between the side lot lines and the front line.

Yard, rear, means an open space (unoccupied except by accessory buildings) on the same lot with a building, between the rear line of the building and the rear line of the lot.

Yard, side, means an open space between the side of a building and the side lot line between the front and rear yards.

Zoning lot means a plot of ground, made up of one or more parcels, which is or may be occupied by a use building, or buildings including the open spaces required by this chapter.

Zoning map means the map incorporated into this chapter as a part thereof, designating zoning districts.

(Code 1977, §§ 17.08.020, 17.20.020, 17.48.020; Ord. No. 06-04, 2006; Ord. No. 10-05, § II(2.2), 3-8-2010; Ord. No. 20-03, § 2, 4-27-2020)

(a)

Fees pertaining to applications for zoning amendments, use permits, certificates of compliance, publications, rezonings, special use permits, variances, and appeals to the planning and zoning board shall be as provided in the city fee schedule. Such fees and costs shall be paid to the city clerk, who shall give a receipt therefor. From each fee, a filing fee as established in the city fee schedule in chapter 20 and any costs incurred by the city for required publication and mailing related to the processing of the depositor's application for any such petitions, permits, certificates, variances, or appeals shall be retained. Additionally, it shall be the prerogative of the council to require advance payment of any such fees and costs.

(b)

No certificate, request for variance, special use permit amendment, or request for the same, appeal building permit, planned unit development application, or subdivision modification or creation shall issue or, be processed unless or until such costs, charges, fees or expenses listed or authorized in this chapter have been paid in full, nor shall any action be taken, on proceedings before the planning and zoning board or zoning matters brought before the city council unless or until preliminary charges and fees have been paid in full.

(Code 1977, § 17.52.080; Ord. No. 06-04, 2006)

The provisions of chapter 44 of the Municipal Code of the City of Morrison regulating and governing the use, placement, installation, maintenance, location, type and permits for the alteration, placement or replacement of signs within the City of Morrison shall be and are subject to the provisions of this chapter 62 of the Municipal Code of the City of Morrison, to the extent that any person shall request a variance from the strict application of the provisions of chapter 44, as the same relate to, regulate or control the placement, location, replacement, alteration or operation of any sign within the City of Morrison, and such a request shall be subject to the provisions of this chapter 62, as though the same were an application for a variance from the strict application of the regulations of this chapter 62 governing and controlling the uses of land and buildings within the City of Morrison. Any public hearing requirement and notice thereof that is applicable by the provisions of this chapter 62 to a request for variance from the strict application of the provisions of this chapter shall also apply to and govern a request for variance from the strict application of said chapter 44.

(Ord. No. 14-01, § 2, 1-13-2014)