These regulations shall be referred to as the "Official Zoning Ordinance of the Village of Mt. Zion, Illinois." The official zoning map is on file at the office of the village clerk.

(Code 2007, § 150.001; Ord. No. 1972-73-8, 11-6-1972; Res. 1978-79-26, 2-6-1978; Ord. No. 1979-80-19, 2-4-1980)

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:

Accessory building means a building subordinate to and smaller than the principal building, the use of which is incidental to, or customarily found in connection with, and, except as otherwise provided in this chapter, is located on the same premises, and contributes to the comfort, convenience, or necessity of the occupants of the principal building or mobile home or contribute to the operation of the principal use of the lot.

Adult entertainment facility means a facility having any portion of its function as adult entertainment which includes the following listed categories:

(1)

Adult entertainment business. Any building, portion of a building or real property which contains or facilitates any exhibition or dance by any employee or other person where such employee or other person is unclothed or in such attire, costume or clothing so as to expose to view any specified anatomical areas and which exhibition or dance is for the benefit of a member or members of the public, or advertised for the use or benefit of a member of the public, held, conducted, operated or maintained for profit, direct or indirect.

(2)

Adult bookstore. An establishment having a substantial or significant portion of its stock in trade, books, magazines, or other periodicals which are distinguished or characterized by their emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas as herein defined or an establishment with a segment or section devoted to the sale or display of such material.

(3)

Adult motion picture theater. A facility used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

(4)

For the purpose of the definition of adult entertainment facility, the term "specified sexual activities" shall mean human genitals in a state of sexual stimulation or arousal; acts, real or simulated, of human masturbation, sexual sodomy, cunnilingus, or fellatio; and/or fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.

(5)

For the purpose of the definition of adult entertainment facility, the term "specified anatomical areas" shall mean less than completely and opaquely covered human genitals, pubic region, female breasts below a point immediately above the top of the areola; and/or human male genitals in a discernibly turgid state even if completely and opaquely covered.

Agriculture means land, or land, buildings, and structures, the principal use of which is growing farm or truck garden crops, dairying, pastorate, horticulture, floriculture, viticulture, or animal or poultry husbandry, and accessory uses customarily incidental to agricultural activities, including, but not limited to, the farm dwellings, dwelling for tenants and full-time hired workers, and the dwellings or lodgingrooms for seasonal workers.

Alley means any public right-of-way, with a width of not less than 16 feet nor more than 24 feet, which affords a secondary means of vehicular access to abutting properties. A street shall not be considered an alley.

Apartment means a room or suite of rooms intended, designed, or used as a residence by a single-family.

Apartment hotel means a building designed for or containing both apartment and individual guest rooms or suites of rooms and apartments, including services ordinarily furnished by hotels, such as a drugstore, barbershop, or cigar and newsstand, when such uses are located entirely within the building with no entrance from the street, and having no sign or display visible from the outside of the building indicating the existence of such use.

Apartment house means a building designed for or occupied exclusively by three or more families.

Automobile laundry means a 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.

Automobile repair garages means any premises used for supplying gasoline and oil, tires, accessories, and services for automobiles at retail direct to the motorist consumer, including the making of minor repairs and such major repairs as spray painting; body, fenders, clutch, transmission, differential, axle, spring, and frame repairs; major overhauling of engines requiring the removal there from of the cylinder head or crankcase pan; repairs of radiator requiring the removal thereof; and the complete recapping or retreading of tires.

Automobile service station (gas, filling station) means any premises used for supplying gasoline and oil, tires, accessories, and services for automobiles at retail direct to the motorist consumer, including the making of minor repairs, but not including such major repairs as spray painting; body, fender, clutch transmission, differential, axle, spring, and frame repairs; major overhauling of engines requiring the removal there from of the cylinder-head or crankcase pan; repairs of radiator requiring the removal thereof; or the complete recapping or retreading of tires.

Automobile wrecking yard means an area of land where three or more motor vehicles, not in running conditions, or parts thereof, are stored in the open, and any land, building, or structure used for wrecking or storing such motor vehicles or parts thereof.

Average round elevation means the average level of the finished surface of the ground adjacent to the exterior walls of a building or structure.

Basement means a portion of a building wholly or partly below the average ground elevation.

Bed and breakfast means an operator-occupied residence providing accommodations for a charge to the public with no more than five guest rooms for rent, in operation for more than ten nights in a 12-month period. Breakfast may be provided to the guests only. The term "bed and breakfast" does not include hotels, motels, boardinghouses or food service establishments.

Beekeeping means the raising or producing of bees, beeswax, honey and by-products and the transporting of bees, colonies or items of bee equipment and any and all activities regulated, controlled or supervised by the Bees and Apiaries Act 510 ILCS 20/1 et seq.

Board means the village board.

Boardinghouse means a building, other than a motel, apartment hotel, or hotel, where, for compensation and by arrangement, lodging or lodging and meals are provided for three or more persons.

Buildable area of a lot means that portion of a lot bounded by the required rear and side yards and the building setback line.

Building means any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind.

Building coverage means the percentage of a lot (or in the case of planned unit developments, a net site area) which is covered by the building or buildings (principle or accessory).

Building height means the vertical distance from the average ground elevation to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between the eaves and the ridge for gable, hip, gambrel and similar roof types.

Building line means a line on a lot, parallel to a lot line or street right-of-way line, at a sufficient distance to provide the required yards delimiting the area in which structures are permitted subject to the provisions of this chapter.

Building setback line means a building line establishing the minimum allowable distance between a street right-of-way line and any structure.

Cabin or cottage means a dwelling unit designed for temporary or seasonal occupancy.

Camp means any land, including structures, used for assembly or temporary occupancy by persons, and providing outdoor recreational facilities.

Clinic means an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians or allied practitioners practicing together.

Club, private, means a building or portion thereof, or premises owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit, or to render a service which is customarily carried on as a business.

Commission means the village plan commission.

Day care center means a facility, private, semi-private, or public, providing group care for children, primarily during the day while parents are at work. The center may provide meals for children but no lodging.

Drive-in establishments mean one, which accommodates the patrons' automobiles from which the occupants may watch, purchase, or otherwise conduct business from the automobile.

Dwelling means a building, exclusive of mobile homes, apartment hotels, hotels, or motels, as defined in this section, containing as the principal use one of more dwelling units.

Dwelling, multiple, means a dwelling designed for or occupied exclusively by three or more families.

Dwelling, single-family, means a dwelling designed for or occupied exclusively by one family.

Dwelling, two-family, means a dwelling designed for or occupied by two families, each with completely separate entrances.

Dwelling unit means a room or group of rooms providing living quarters for not more than one family.

Eleemosynary institution means a building or group of buildings provided and supported by charitable donations and devoted to charitable uses.

Family means any individual, or two or more persons related by blood, marriage, or legal adoption, or a group of not more than five persons (excluding servants) who need not be related by blood or marriage, living together as a single housekeeping unit, and occupying a single dwelling unit.

Floor area means the sum of all gross horizontal enclosed area of the several floors of a building and its accessory buildings on the same lot excluding basement floor areas and non-enclosed portions of the structure. All dimensions shall be measured between exterior faces of wall.

Floor area ratio (F.A.R.) means the quotient of the floor area (as defined in this section) divided by its lot area.

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

Garage, private, means an accessory building designed or used for storage of the privately owned motor-driven vehicles owned and used by the occupants of the dwelling to which is accessory, and not more than one truck, or vehicle used for commercial purposes, and not storing any truck or vehicle which:

(1)

Has a gross weight including the vehicle and maximum load of more than 8,000 pounds (as defined in the Illinois Vehicle Code, 625 ILCS 5/1-100 et seq.); or

(2)

Is larger/heavier than a vehicle required by state statute to carry a Class "B" license or registration, and not storing heavy equipment, including, but not limited to, the following: backhoe, bulldozer, road grader, cranes, forklift, etc.

Garage, public, means a building or portion thereof, which is designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles.

Home occupation means an occupation carried on in a detached single-family dwelling by the resident thereof, not involving the conduct of a retail business or manufacturing business, the employment of any additional persons in the performance of such services excepting members of the immediate family residing on the premises; not using any mechanical equipment other than is usual of purely domestic or hobby purposes; nor exterior storage of equipment or materials used in connection with the home occupation. Home occupations, further, shall not utilize more than 25 percent of the total floor area of the dwelling unit.

Hotel means a building in which lodging or boarding 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 contradistinction to a boardinghouse, a lodginghouse, or an apartment, which are separately defined in this section.

Industrial park means a special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors.

Institution means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Junkyard means any land or structure used for salvaging operations, including, among other things, the storage and sale of waste papers, rags, scrap metal, and discarded materials, and the collecting, dismantling, storage, and salvaging of unlicensed, inoperative vehicles.

Kennel means any premises, or portion thereof on which more than three dogs, cats, or other household domestic animals over the age of four months are kept, or on which more than two such animals are maintained, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale.

Loading space means a space within the principal building or on the same lot, providing for the standing, loading, or unloading of trucks, and with access to a public way.

Lodginghouse means a building or structure having rooms which are generally rented as sleeping and living quarters, but without cooking facilities, and with or without an individual bathroom. In a suite of rooms, each room which provides sleeping accommodations shall be counted as one lodging room.

Lot means a single parcel of land which may be legally described as such, having principal frontage on a street which comprises a site occupied by or intended for occupancy by one principal building or principal use, together with accessory buildings and uses, yards, and open spaces required by this chapter.

Lot, corner, means a lot abutting on two streets at their juncture, when the interior angle formed is less than 135 degrees.

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

Lot, zoning, means a parcel of land composed of one or more recorded lots, occupied or to be occupied by a principal building or buildings or principal use or uses, along with permitted accessory buildings or uses meeting all the requirements for area, buildable area, frontage, width, yards, setbacks, and any other requirements set forth in this chapter.

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, or a parcel of land, the deed of which was recorded in the office of the county recorder of deeds prior to the enactment of this chapter. A recorded lot may or may not coincide with a zoning lot.

Lot width means the width of the lot at the building setback line.

Marina means a boat basin and recreational facility, located on waterfront property, providing moorings for boats, and one or more of the following facilities:

(1)

Boat launching ramps;

(2)

Boat livery;

(3)

Boat sales;

(4)

Maintenance shops;

(5)

Marine supply store; and

(6)

Fuel dock.

Mobile homes mean detached single-family dwelling units with all of the following characteristics:

(1)

Designed for long-term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems;

(2)

Designed to be transported after fabrication on its own wheels, or on flatbed or other trailers or detachable wheels; and

(3)

Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundations supports, and connection to utilities.

Motor court or motel means a building or group of buildings used primarily for the temporary residence of motorists or travelers.

Nonconforming use means the use of land or building, or portion thereof, which use does not conform with the use regulations of the district in which it is situated.

Nursery school means a school, private, semipublic or public, providing organized instruction and care for children prior to their enrollment as required by law in a school which has a course of study which meets applicable state and national standards for an accredited elementary school. A nursery school may provide meals but not lodging rooms for students.

Parking space means a surfaced area of at least 200 square feet located on the same lot as the building or use it is intended to serve, and of such shape as to be suitable for parking or storing motor vehicles. The area is exclusive of driveways which give convenient access between the parking space and a street serving the lot.

Planned unit development means a tract of land containing five acres or more developed under unified ownership or control, and when certain requirements of a given district may be modified in accordance with specific standards and procedures of article IX of this chapter.

Premises means a tract of land with any buildings thereon, or a building or part of a building usually with its grounds or other appurtenances. When more than one business area shall be considered a separate premises. Business or other public enterprises which occupy other floors shall be considered separate premises.

Roominghouse means a residential building or portion thereof, other than a motel, apartment hotel, or hotel, containing lodging rooms for accommodation of three or more persons who are not members of the keeper's family, and where lodging without meals is provided by prearrangement and for definite periods.

Sanitary landfill means a method of disposing of refuse by daily spreading and covering such refuse with earth.

Setback means the minimum horizontal distance measured between the building or structure and the property or right-of-way line.

Shadow area means the maximum area of a lot generally covered by the shadow of a building or structure on September 21.

Sheltered care home means a private boarding home, institution, building, residence, or other place which through its ownership or management, provides sheltered care to three or more adults who are not related to the operator or owner by blood or marriage.

Shopping center means a group of more than six commercial establishments planned, developed, and managed as a unit, located on a lot of at least five acres, with off-street parking provided on the property.

Sign means any structure, device, light, or natural object, including the ground itself, or any part thereof, or any device attached thereto, or painted or represented thereon, which shall be used to identify, advertise, or attract attention to any object, product, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry, or business, or which shall display or include any letter, word, model, number, banner, flag, pennant, insignia, device, or representation used as an announcement, direction, or advertisement, and which is intended to be seen from off the premises or from a parking lot. The term "sign" shall include signs which are affixed to the inside of windows and glass doors and are intended to be seen from roadways or parking lots. No other indoor sign shall be deemed a sign within this chapter.

Story means that portion of a building, other than a cellar or basement, except one used for business or residence, included between the surface of any floor and the surface of the floor next above it, or, if there is not floor above it, then the space between the floor and the ceiling next above it.

Story, half, means a partial story under a gable, hip, or gambrel roof, the wall plate of which on at least two opposite exterior walls are no more than four feet above the floor of story, except that any partial story used for residence purposes, other than for a janitor or caretaker or said janitor or caretaker's family, or by a family occupying the floor immediately below it, shall be deemed a full story.

Stream means a stream is any continuously flowing natural watercourse.

Street means a public or private thoroughfare which affords the principal means of vehicular access to abutting property.

Street, collector, means a street which carries traffic from a major street to a local street.

Street, highway, means a street primarily designed for interurban or interregional travel.

Street, local, means a street primarily designed for access to abutting properties and for access to collector streets.

Street, major, means a street designed to carry traffic from one part of the village to another part of the village through neighborhood areas, including streets designed to carry heavy business or industrial traffic.

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

Structural alteration means any change other than normal maintenance which would tend to prolong the life of a supporting member of a structure such as a bearing wall, column, beam, girder, or any substantial change in the roof or exterior walls.

Structure means anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, back stops for tennis courts, arbors, and carports.

Tavern means a place where alcoholic beverages are sold for consumption on the premises.

Tourist home means a building designed for or used as a single-family or two-family dwelling in which sleeping rooms are provided or offered to transient guests for compensation.

Trailer means any structure used for temporary living, sleeping, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horse, or skirtings, and which is, has been, or reasonably can be, equipped with wheels or other devices for transporting the structure from place to place, whether by motor power or other means. The term "trailer" shall include camp car and house car.

Traileror tourist camp means any lot or parcel used for one or more auto trailers, tents, house or camp cars, or other portable or mobile shelters used for temporary living, sleeping, business, or storage purposes.

Use means the purpose or activity for which the land, or any structure thereon, is designed, arranged, or intended, or for which it is occupied or maintained, and shall include any manner or performance of such activity with respect to the performance standards of this chapter.

Use, accessory, means a use subordinate to the principal use, and located on the premises, serving a purpose customarily incidental to the principal use. Residential accessory uses may include the storage of household goods, parking areas, gardening, servants' quarters, private swimming pools, and private emergency shelters.

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 of the district.

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

Use, special, means a use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts.

Yard means an open space on the same lot with a building, unobstructed from the ground upward.

Yard, front, means a yard extending across the front of a lot between the side lot lines, and between the property line or right-of-way line and the main building foundation.

Yard, rear, means a yard extending across the rear of the lot between the side lot lines, and between the rear lot line and the rear of the main building, or any projection other than steps, unenclosed porches, or entrance ways.

Yard, required, means, for the purposes of determining building lines, the required (or minimum) yard shall be the least horizontal distance between the lot line and the main building or any projection thereof, other than the projections of uncovered steps, balconies, terraces, or porches.

Yard, side, means a yard between the primary building and the sideline of the lot and extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot line and the side of the primary building.

Zoning district means an area of the village delineated on the zoning map and subject to a specific set of regulations established in this chapter.

(Code 2007, § 150.004; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980; Ord. No. 1991-92-14; Ord. No. 2011-2012-8, § 1, 8-15-2011; Ord. No. 2015-2016-27, § 150.004, 3-7-2016)

(a)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter, the proper authorities of the village, or any person, the value of whose property is or may be affected by such violation, in addition to other remedies, may institute any appropriate action or proceedings in equity to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; to restrain, correct, or abate the violation; to prevent the occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises.

(b)

Upon notice from the building official that any work on any building or structure is being constructed contrary to the provisions of this chapter, or in an unsafe and dangerous manner, such work will be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to be owner's agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Any person who shall continue any work in or about the building or structure after having been served with a stop work order, except work as said person is directed to perform to remove a violation or unsafe conditions, shall be liable to punishment as provided in section 1-8.

(Code 2007, § 150.999; Ord. No. 1979-80-19, 2-4-1980)

This chapter was designed to further the objectives of the village land use plan; to prevent or lessen pollution of the air and water resources of the community; to promote the public health, safety, morals, comforts, and general welfare; to lessen or avoid congestion in the public streets and highways; to avoid hazards resulting from the accumulation of runoff of storm and floodwaters; to conserve and enhance the taxable value of the land and buildings; to prevent overcrowding of land or buildings; to provide proper relationships between uses and public utilities; and to otherwise ensure the orderly growth of the community.

(Code 2007, § 150.002; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)