For the purpose of this ordinance:

A.

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

B.

Certain terms and words are hereby defined as follows:

1.

Accessory building and use. A subordinate building or a portion of the main building, the use of which is incidental to that of the dominant use of the main building or land. An accessory use is one which is incidental to the main use of the premises. Accessory buildings or structures shall be constructed in such a manner as to be compatible with the development and with the character of the particular zoning district.

1.5.

Adult bookstore or adult audio/video store. For the purpose of this ordinance, an adult bookstore or adult audio/video store means a store whose primary business is the commercial sale, dissemination or distribution of sexually explicit material, shows or other exhibitions. Adult bookstores and audio/video stores shall be limited solely to areas zoned I-Industrial District.

2.

Alley. A public or private thoroughfare which affords only a secondary means or access to property abutting thereon.

3.

Apartment. A part of a building, consisting of a room or a suite of rooms intended, designed or used as a residence by an individual or a single family.

4.

Apartment house. See "dwelling, multiple."

5.

Basement. A story partly underground but having at least one-half of its height above average grade. A basement shall be counted as a story for the purposes of height measurement, if the vertical distance between the ceiling and average grade is more than five feet or if the basement is used for business or dwelling purposes.

6.

Billboard. Any structure affixed to the surface of the land or to any building, tower or other structure designed, arranged, used or intended to be used exclusively for outdoor advertising of products not made, sold, used or served on the premises displaying the billboard.

7.

Boarding house. A building, other than a hotel where for compensation, meals or lodging and meals, are provided for three or more persons, including an establishment known as a bed and breakfast.

8.

Building. Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property, or for use and occupation for some purposes of trade or manufacture. When a structure is divided into separate parts by unpierced walls extending from the ground up, each part is deemed a separate building.

9.

Building height. The vertical distance measured from the average elevation of the proposed existing finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

10.

Building line. A line formed by the outer face of the closing wall of a building or portion thereof and the surface of the ground. Where porches, balconies, windows, gutters, eaves, cornices, stairways, areas, etc., project beyond the outer face of the enclosing walls of the building, the building line shall be the outer face of such projection.

10.5.

Cannabis business establishment. A cultivation center, craft grower, processing organization, or transporting organization, as defined and licensed pursuant to the Cannabis Regulation and Tax Act.

11.

Cellar. A story having more than one-half of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.

12.

District. A section or sections of the city for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards and intensity of use are uniform.

13.

Dwelling. A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family and multiple family dwellings, but not including hotels, boarding houses, lodging houses.

14.

Dwelling group. A group of two or more one-family, two-family or multiple dwellings occupying a lot in one ownership and having any yard in common.

15.

Dwelling, multiple-family. A building designed for or occupied exclusively by three or more families living independently of each other.

16.

Dwelling, single-family. A building designed for or occupied exclusively by one family.

17.

Dwelling, two-family. A building designed for or occupied exclusively by two families living independently of each other. May also be referred to as a duplex.

18.

Essential services. The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, elevated and underground water storage tanks, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith: reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

19.

Family. One or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth, adoption or marriage; but no unrelated group consisting of more than five persons shall be considered a family.

20.

Farm. An area which is used for the growing of common farm products such as vegetables, fruit, trees and grain, and their storage on the area, as well as for the raising thereof of the usual farm poultry and farm animals. The term "farming" includes the operating of such an area for one or more of the above uses, including the necessary accessory uses for treating or storing the produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities, and provided further, that farming does not include the feeding of garbage or offal to swine or other animals.

21.

Filling station. Any building or plot of land used or designed to be used for the storage and retail sale of automotive fuels and lubricants and which may include facilities for washing, polishing, greasing, waxing or tire repairing. No major mechanical repairs shall, however, be included in the operation of a filling station.

22.

Floodplain. Lands which are low-lying, difficult to drain, subject to flood, or are natural drainageways.

23.

Front. That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot.

24.

Frontage. All property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

25.

Garage, class I. A detached accessory building or portion of a main building, used for storage of motor vehicles where the capacity does not exceed three vehicles, or not more than one per family housed in the principal building, whichever is greater, and not more than one-third the total number of vehicles stored in such garage shall be commercial vehicles. Storage space for not more than three vehicles may be rented for vehicles of other than occupants of the principal building.

26.

Garage, class II. Any building or premises used for housing only of motor vehicles, other than trucks and commercial vehicles, pursuant to previous arrangements but not to transients, and at which automobile fuels and oils are not sold and motor vehicles are not equipped, repaired, hired or sold.

27.

Garage, class III. Any building or premises used for the housing, hiring, storing, equipping or repairing of motor vehicles, trucks or other commercial vehicles owned, leased or operated by the occupant of the premises in the conduct of or as accessory to a business or occupation.

28.

Garage, class IV. Any building or premises except those used as a private or storage garage designed or used for equipping, repairing, hiring, selling or storing motor vehicles.

29.

Grade.

a.

For buildings having walls adjoining one street only, the established elevation of the sidewalk at the center of the wall adjoining the street.

b.

For buildings having walls adjoining more than one street, the average of the established elevation of the sidewalk at the centers of all walls adjoining the streets.

c.

For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

d.

Any wall approximately parallel to and not more than 20 feet from the street line is to be considered as adjoining the street.

30.

Home occupation. Any use customarily conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in connection with which there is no display, no stock in trade, no outside storage of equipment, no commodity sold upon the premises and not more than two persons are engaged in such occupation.

31.

Hospital. Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home or any other place for the diagnoses, treatment or other care of human ailments.

32.

Hotel. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding house or lodging house.

33.

Institution. A nonprofit corporation or a nonprofit establishment for public use.

34.

Junkyard. A place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, sorted, baled, packed, disassembled or handled including automobile wrecking yards, house wrecking and structural steel materials and equipment, but not including the purchase or storage of used furniture and household equipment, used cars in operable condition, used or salvaged materials as part of manufacturing operations.

35.

Kennel. Any structure or premises where three or more dogs over four months of age are kept.

36.

Lodging house. A building other than a hotel where for compensation, and by prearrangement for a definite period, lodging is provided for three or more non-transient patrons, including an establishment known as a bed and breakfast.

37.

Lot. A parcel of land occupied or intended for occupancy, by a use permitted in this ordinance, including one main building together with its accessory buildings, the open spaces and parking spaces required by this ordinance, and having its principal frontage upon a street or upon an officially approved place.

38.

Lot, corner. A lot abutting upon two or more streets at their intersection.

39.

Lot, double frontage. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.

40.

Lot, interior. A lot other than a corner lot or through lot.

41.

Lot coverage. The percentage of the lot area covered by the building area.

42.

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

43.

Lot of record. A lot which is a part of a subdivision, the map of which has been recorded in the office of the recorder of deeds, or a parcel of land, the deed to which was recorded in the office of the recorder of deeds prior to the date of the adoption of this ordinance.

44.

Lot width. The distance between side lot lines, measured along the building line as established by this ordinance. However, if no such line is established, it is the distance between the side lot lines measured along the street lines.

45.

Manufacturing or industry. Any use in which the major activity is the treatment, processing, rebuilding, repairing or wholesale storage of material, products or items and where the finished product is not acquired by the ultimate user on the premises, as distinguished from a retail use where the treatment, processing, repairing or storage is secondary to the sale, exchange or repairing of materials or products on the premises.

46.

Mobile home or modular home.

Mobile home means a moveable or portable unit, which is eight body feet or more in width and is 32 body feet or more in length and constructed to be towed on its own chassis, comprised of frame and wheels, from the place of construction to the location or subsequent locations and designed to be used without a permanent foundation, connected to utilities for year round occupancy with or without a permanent foundation.

Modular home means a factory-fabricated single-family home built in one (1) or more sections, is placed on a permanent, full perimeter foundation which extends below the frost depth, has all wheels and towing devices removed, has a minimum of four-twelfths pitch roof with residential style siding and roofing, six inch minimum eave overhang, and has a yellow seal in the shape of the State of Illinois on the electrical panel or on the inside of a kitchen cabinet. For purposes of this provision, permanent foundation means a foundation which extends into the ground below the frost line so as to attach and become a part of the real estate. Materials such as concrete, mortared concrete block, poured wall or mortared brick extending into the ground below the frost line shall satisfy the requirement for a permanent foundation. In addition, piers may be used, extending into the ground below the frost line, and sufficient in number to properly support the structure, provided the support beams are affixed to the permanent perimeter foundation.

47.

Mobile home, dependent. A mobile home which does not have toilet and bath or shower facilities.

48.

Mobile home lot. A designated site within a mobile home park for the exclusive use of the occupants of a single mobile home.

49.

Mobile home park. A tract of land planned in accordance with state, county and city laws, ordinances, rules and regulations for the express purpose of accommodating two or more mobile homes and providing acceptable living environment for residents thereof on a long term occupancy basis.

50.

Motel. A building or group of buildings which (a) contains living or sleeping accommodations used primarily for transient occupancy, and (b) has individual entrances from outside the building or a common corridor to serve each such living or sleeping unit.

51.

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

51.5.

Outdoor portable storage unit. Any unit, including but not limited to, a trailer, box, cargo or shipping container customarily manufactured for the transport of cargo or freight or any such similar unit.

52.

Parking lot. Any place, lot, parcel or yard used in whole or in part for the storage or parking of two or more vehicles where such usage is not incidental to or in conjunction with a dwelling, or other usage permissible in dwelling districts and located on the same tract.

53.

Parking space. An off-street space available for the parking of one motor vehicle, and having an area of not less than 180 square feet exclusive of passageways and driveways appurtenant thereto and giving access thereto and having direct access to a street or alley.

54.

Place. An open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.

55.

Record lot. See "lot of record."

55.5.

Recreational vehicle (RV). A vehicle used as a camper or a motor home, customarily used for traveling and recreational activities.

56.

Rooming house. See "lodging house."

57.

Service establishments. Shops wherein the major activities are the repair and maintenance of wearing apparel, sporting goods and article for use in the home, including household appliances.

58.

Service station. See "filling station."

59.

Sign. Any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface. Signs placed or erected by governmental agencies, or nonprofit civic associations for a public purpose in the public interest shall not be included herein, nor shall this include signs which are a part of the architectural design of a building.

60.

Stable. Any building, structure or portion thereof which is used in whole or in part for the shelter or care of horses, cattle or other similar animals, either permanently or transiently.

61.

Story. That portion of a building other than a cellar, included between the surface of any floor and the surfaces 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.

62.

Story, half. A space under a sloping roof which has the line of intersection of roof decking and wall space not more than three feet above the top floor level, and in which space not more than 60 per cent of the floor area is finished off for use.

63.

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

64.

Street or road grade. The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grades of the street shall be taken as the street grade.

65.

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

66.

Structural alterations. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

67.

Structure. Anything constructed, erected or placed, the use of which requires location on the ground, or attachment to something having location on the ground.

68.

Subdivision. A division of any parcel of land either by lots or by metes and bounds into two or more lots for the purpose of conveyance, transfer, improvement, building development or sale. A subdivision shall not include the division of land for agricultural purposes into two or more lots, each five acres or more in area, which does not involve the creation of a new street or highway. The term "subdivision" shall include resubdivision.

69.

Tourist camp. Includes any place or premises adapted for parking or used for parking two or more motor trailers or house cars or tents for temporary living or sleeping purposes, or any place or premises held to the public for the purpose of supplying motor trailers, house cars or tents for temporary sleeping purposes.

70.

Use.

a.

Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied, or

b.

Any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure on a tract of land.

71.

Yard. A space on the same lot with a principal building, open, unoccupied and unobstructed by structures, except as otherwise provided.

72.

Yard, front. A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the front lot line and the building line.

73.

Yard, rear. A yard extending across the full width of the lot between the rear of the principal building and the rear lot line unoccupied other than by accessory buildings which do not occupy more than 30 percent of the required space, and steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the rear lot line and the rear of such principal building.

74.

Yard, side. A yard between the principal building and the side lot line, extending from the front yard or from the front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at 90 degrees with the side lot line, from the nearest part of the principal building.

75.

Zoning district map. Zoning district map for the city, in effect on the effective date of the zoning ordinance and which zoning district map shows the boundaries of the zoning districts for the area inside the corporate limits of the city, and within 1½ miles thereof.

(Ord. No. 234, § 2-1, 8-2-71; Ord. No. 691, 1-26-98; Ord. No. 813, 2-16-04; Ord. No. 847, 9-26-05; Ord. No. 885, 11-20-06; Ord. No. 889, 1-2-07; Ord. No. 932, 4-6-09; Ord. No. 2013 , 6-3-19; Ord. No. 2030 , 3-23-20)