This chapter shall be known, cited and referred to as the New Lenox Zoning Ordinance.

(Code 1981, § 10-2-1)

(a)

The rules and definitions contained in this subsection shall be observed and applied in the interpretation of all other sections in this chapter, except when the context clearly indicates otherwise.

(1)

The word "lot" includes the words "plot," "piece" and "parcel."

(2)

The word "building" includes all other structures or improvements of every kind, regardless of similarity to buildings.

(3)

The phrase "used for" includes the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

(4)

The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.

(5)

The masculine gender includes the feminine and neuter.

(b)

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:

Abutting means to have a common property line or district line.

Accessory building or use means one which:

(1)

Is subordinate to and serves a principal building or principal use.

(2)

Is subordinate in area, content or purpose to the principal building or principal use served.

(3)

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

(4)

Is located on the same zoning lot as the principal building or 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 building or use served.

Addition. An increase in building area, aggregate floor area, height or number of stories of a structure (See BOCA Section 3403).

Adjacent means lying near or in the immediate vicinity.

Adjoining means touching or contiguous.

Adult-use cannabis act means the Cannabis Regulation and Tax Act, (410 ILCS 705/1-1, et seq.), as amended from time to time.

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

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

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

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

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 means the use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. Agriculture shall not include the commercial feeding of garbage or offal to swine or other animals.

Alley means a public or private way, at the rear or side of property, permanently reserved as a means of secondary vehicular access to abutting property. Frontage on the alley shall not be construed as satisfying the requirements of this chapter related to frontage on a dedicated street.

Alteration means any construction or renovation to an existing structure other than repair or addition.

Antenna means any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas, such as whips.

Apartment means one or more rooms in an apartment building, or combination apartment and commercial building, arranged, intended or designed or occupied as a dwelling unit of a single family, an individual or a group of individuals.

Apartment building means a multiple-family dwelling originally designed and constructed to accommodate three or more apartments, designed with more than one dwelling unit connecting to a common corridor or entranceway, in contrast to single- or two-family dwellings converted for multiple-family use.

Array means a set of antennas for one service or service provider that is placed on a structure at a given height above ground, and spaced so as to avoid internal interference. An array is often sectored into three directions and separated vertically from another service's or another service provider's array when co-located on the same structure.

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. Incidental repairs, replacement of parts, and motor service to automobiles but excluding any operation specified under "auto repair, major."

Automobile gasoline and diesel fueling station means any building or premises where gasoline and/or diesel fuel is stored in underground tanks and dispensed for sale at retail to the public.

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

Automobile service station means any building or premises used for the dispensing or sale of lubricating oil or grease for the operation of automobiles (such as oil changes), and the sale and installation of tires, batteries and other minor accessories and minor auto repair, but not including a bulk plant, conduct of major auto repairs, automobile wrecking, automobile sales or automobile laundries; provided, however, that the washing of individual automobiles where no chain conveyor is employed may be included; and further provided that gasoline and diesel fuel being stored underground and/or sold to the public shall not be included under this definition.

Bar, cocktail lounge or tavern means an establishment used primarily for the sale or dispensing of liquor by the drink for consumption on the premises and where food may be available for consumption on the premises as accessory to the principal use.

Basement means a story having part but not more than one-half of its height 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 janitor employed on the premises.

Billboard. See Sign, advertising.

Block means that property abutting on one side of a street between the two nearest intersecting streets, railroad rights-of-way or natural barriers; provided, however, that where a street curves so that any two chords thereof form an angle of 120 degrees or less, measured on the lot side, such curve shall be construed as an intersecting street.

Board means the zoning board of appeals.

Boardinghouse and lodginghouse mean a building or premises where meals are regularly served by prearrangement for definite periods for compensation for three or more persons, not a family but not exceeding 12 persons, not open to transient guests, in contradistinction to hotels or restaurants open to transients.

Boundary line means a line on the zoning district map designating the edge of a use district. Such a boundary line may be a boundary line for two use districts depending on the particular use district located on each side of the line.

Buildable area means the space remaining on a zoning lot after the minimum 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. When separated by division walls from the ground up and without openings, each portion of such building shall be deemed a separate building.

Building line means a line, between which line and any street line of a district, lot, tract or parcel of land no buildings or parts of buildings may be erected, altered or maintained.

Building line setback means the distance between the building line and the street right-of-way line.

Building, nonconforming. See Nonconforming 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 and shopping centers.

Bulk. The term "bulk" is used to indicate the size and setbacks of buildings or structures and location of buildings or structures 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 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 of 10,000 gallons or more are received by tanker, barge, pipeline, tank car, 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.

Business and commerce mean engaging in the purchase, sale, barter or exchange of goods, wares or merchandise, or the maintenance or operation of offices or recreational or amusement enterprises.

Camping trailer means a trailer, not used commercially, constructed with partial side walls which fold for towing and unfold to provide temporary living quarters for recreational camping or travel use and of a size or weight not requiring an overdimension permit when towed on a highway.

Capacity in persons means the maximum number of persons that can avail themselves of the services (or goods) of an establishment, at any one time, with reasonable comfort and safety.

Carport means a roofed automobile shelter with one or more open sides.

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

Co-location means the placement of wireless communication equipment from more than one service or service provider on a single site.

Commercial trailer orbusiness trailer means a vehicle or structure constructed in such a manner as to permit the conduct of any business, trade or occupation, or use as a selling or advertising device, or used for storage or conveyance of tools, equipment or machinery, and so designed that it is or may be mounted on wheels.

Commercial vehicle means any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for-hire or not-for-hire, but not including a commuter van or a vehicle used in a ridesharing arrangement when being used for that purpose.

Common open space means land unoccupied by structures, buildings, streets, rights-of-way and automobile parking lots and designed and intended for the use or enjoyment of residents of a planned development. Common open space may contain structures for recreational use. No area within 30 feet of any building or structure, except a structure used for recreational use, shall be includable as common open space.

Corner lot. See Lot, corner.

Court means an open, unoccupied space, other than a yard, on the same lot with a building, which is totally or partially enclosed by a building or buildings and is completely open to the sky.

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 front of each street. Where no curb elevation has been established, the level of the centerline of the street shall be considered the curb level.

Density means the numerical value obtained by dividing the total dwelling units in a development by the gross area of the tract of land upon which the dwelling units are located.

District means a portion of the incorporated territory of the village within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.

Drive-in establishment means an establishment which is designed to provide, either wholly or in part, service to customers while in their automobiles parked upon the premises.

Dwelling means a building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units and multiple-family dwelling units, but not including hotels, boardinghouses or lodginghouses.

Dwelling, attached (group houses, row houses or townhouses) means a dwelling containing two or more dwelling units and joined to other dwellings by party wall, originally constructed for such purpose.

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 which is surrounded on all sides by open space on the same lot.

Dwelling, ground floor area means the first-floor area in square feet, measured from the outside of the exterior walls, but excluding cellars, basements, open porches, breezeways, garages and other infrequently used spaces.

Dwelling, multiple-family means a dwelling containing three or more dwelling units, originally constructed for such purpose, and not including converted dwellings.

Dwelling, semi-detached means a dwelling which is joined to another dwelling by a garage, carport, recreational structure or other nonresidential facility.

Dwelling, single-family means a dwelling containing accommodations for and occupied by one family only.

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

Dwelling unit means one room, or a unit of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.

Educational institution means a 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 principal room, exclusive of a bathroom, kitchen, hallway, closets or dining alcove directly off the principal room.

Enclosed, locked facility means a room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a cultivation center's agents or dispensing organization's agent working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis to registered qualifying patients.

Fall zone means the area on the ground within a prescribed radius from the base of a wireless communication facility, within which there is potential hazard from falling debris or collapsing material.

Family means eight or fewer persons, all of whom are not necessarily related to each of the others by blood, marriage or adoption, all living together as a single housekeeping unit and using common kitchen facilities (that is, an unrelated family) shall. For purposes of this chapter, however, an unrelated family shall not include persons living together in a residential care home or nursing home.

Fence means any construction of wood, metal, wire mesh, masonry or other material, erected for the purpose of ensuring privacy or protection.

Financial institution means a bank, credit union, savings and loan or similar financial related institution.

Floor area.

(1)

Floor area, for purposes of determining 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 the basement floor area when more than one-half of the basement height is above the established curb level, off-street parking space, elevator shafts, and stairwells at each floor, floorspace used for mechanical equipment (except equipment, open or enclosed, located on the roof), penthouses, attic space having headroom of seven feet ten inches or more, interior balconies and mezzanines, enclosed porches and floor area devoted to accessory uses.

(2)

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 the height of such structures in feet; ten feet in height shall be deemed to be equal to one floor. (If a structure measures more than five feet over such floor equivalent, it shall be construed to have an additional floor.)

Floor area ratio means the numerical value obtained by dividing the floor area within the buildings on a lot by the area of such lot. The floor area ratio as designated for each district, when multiplied by the lot area in square feet, shall determine the maximum permissible floor area for the buildings on the lot.

Freestanding wireless communication facility means a wireless communication facility that consists of a stand-alone tower, antennas and associated equipment.

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.

Garage, bus or 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.

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 and incidental servicing of automobiles 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.

Grade, street means the same as "curb level."

Guyed tower means a tower that is tied to the ground or other surface by diagonal cables.

Hard surface means a driveway constructed of asphalt, pavers or concrete.

Height of building means the vertical distance from the average contact ground level at the front wall of the building 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 eaves and ridge for gable, hip or gambrel roofs.

Home occupation means any gainful occupation or profession carried out by the occupant of a dwelling unit in which the home occupation is being conducted. Such home occupation shall be incidental and subordinate to the use of the dwelling units for dwelling purposes. See article IV of this chapter for regulations which shall govern home occupations.

Hospital means an acute care and short-term general hospital licensed by the state, which provides medical, surgical, psychiatric and obstetrical care primarily to inpatients and emergency room, ambulatory and clinical care for outpatient diagnosis and treatment, and other uses customarily associated with a hospital. A "Hospital" shall include, but is not limited to, offices for hospital administrators and hospital employees, including physicians who work for or are under contract with the hospital; hospital support facilities, such as medical laboratories, diagnostic testing centers, physical therapy and inpatient pharmaceutical facilities; storage facilities for medical equipment and supplies; hospital operations and maintenance facilities, such as food service and laundry facilities, housekeeping and maintenance storage areas; extended care facilities; overnight accommodations and cafeteria facilities for on-duty hospital employees and medical residents; medical libraries, research and educational facilities; cogeneration, incineration, water, electrical and heating equipment facilities; and off-street parking facilities.

The term hospital does not include:

(1)

Any person or institution required to be licensed pursuant to the Nursing Home Care Act, as amended;

(2)

Any person or facility required to be licensed pursuant to the Alcoholism and Other Drug Abuse and Dependency Act;

(3)

Any facility operated solely by and for persons who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any well recognized church or religious denomination; or

(4)

An Alzheimer's disease management center alternative health care model licensed under the Alternative Health Care Delivery Act.

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 contradistinction to a boardinghouse, a lodginghouse or an apartment hotel, which are separately defined.

Hotel, apartment means a hotel in which at least 90 percent of the hotel accommodations are occupied by permanent guests.

Interference means disturbances in reception caused by intruding signals or electrical current.

Junker 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 village laws or ordinances.

Junkyard 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.

Kennel, commercial means any lot or premises or portion thereof on which more than three 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 kept for sale.

Lattice tower means a structure that is self-supporting with multiple legs and cross-bracing of structural steel.

Limited access highway means a trafficway, 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 access to or from the trafficway, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such trafficway.

Loading and unloading space, off-street means an open, hard-surfaced area of land, other than a street or public way, the principal use of which is for the standing, loading and unloading of motor trucks, tractors and trailers. Such space shall not be less than ten feet in width, 35 feet in length, and 14 feet in height, exclusive of access aisles and maneuvering space.

Lot means a parcel of land occupied or to be occupied by one building and accessory buildings and uses, or a unit group of buildings, and including the open spaces required under this chapter. A lot may be land so recorded on official records or it may include parts or a combination of such lots when adjacent to one another, provided such ground is used for only one improvement, or may be a parcel of land described by metes and bounds.

Lot area means the area of a horizontal plane bounded by the front, side and rear lot lines.

Lot, corner means a lot located at the intersection of two streets, or a lot bounded on two sides by a curving street, any two chords of which form an angle of 120 degrees or less measured on the lot side.

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

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

Lot, double frontage means a lot other than a corner lot having frontage on two or more streets. For purposes of this definition, an alley shall not be considered a street.

Lot frontage. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under the definition of "yards" in this section.

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

Lot line, front means the front property line of a zoning lot.

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 removed 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 a part of a subdivision, the plat of which has been legally recorded.

Lot, reversed corner means a corner lot at right angles or approximately right angles to the general pattern of the area, the street side lot line of which is substantially a continuation of the front lot line of the front lot to the rear. The rear of the corner lot is adjacent to the side of another lot, whether across an alley or not.

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.

Marquee and canopy mean a roof-like structure of a permanent nature which projects from the wall of a building and overhangs the public way.

Massage or massage therapy means a system of structured palpation or movement of the soft tissue of the body. The system may include, but is not limited to, techniques such as effleurage or stroking and gliding, petrissage or kneading, tapotement or percussion, friction, vibration, compression, and stretching activities as they pertain to massage therapy. These techniques may be applied by a licensed massage therapist with or without the aid of lubricants, salt or herbal preparations, hydromassage, thermal massage, or a massage device that mimics or enhances the actions possible by human hands. The purpose of the practice of massage, as licensed under the Illinois Massage Licensing Act and as defined herein, is to enhance the general health and well-being of the mind and body of the recipient. "Massage" does not include the diagnosis of a specific pathology. "Massage" or "massage therapy" does not include those acts of physical therapy or therapeutic or corrective measures that are outside the scope of massage therapy practice as defined in the Illinois Licensing Act.

Massage establishment means a facility providing massage or massage therapy administered by persons licensed by the state department of professional regulation under the Illinois Massage Licensing Act as massage therapists.

Massage therapist means a person who is licensed by the state department of professional regulation under the Illinois Massage Licensing Act to perform massage or massage therapy.

Master plan means the officially adopted master plan of the village.

Medical cannabis cultivation center or cultivation center means an enclosed, locked facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.

Medical cannabis dispensing organization or dispensing organization means a facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.

Mobile food vehicle shall have the same meaning as in chapter 22, article VII of the Village Code of the Village of New Lenox, as amended.

Mobile home means any vehicle or similar portable structure designed, used or so constructed as to permit its being used as a conveyance upon the public streets and to permit the year-round occupancy thereof by one or more persons. The mobile home shall have a permanent foundation when used for year-round occupancy.

Mobile home park means a parcel or tract of land developed with facilities for locating two or more mobile homes, provided each mobile home contains a kitchen, flush toilet and shower or bath and that such mobile home park shall be for use only by nontransient dwellers remaining continuously for more than one month, whether or not a charge is made. It shall not include a sales lot in which motor vehicles or unoccupied trailers are parked for the purpose of inspection or sale.

Mobile storage container (also known as PODS or portable on-demand storage structure) means a large container, storage unit, parking crate or other portable structure, or enclosed trailer used for moving purposes, which is transportable and is designed and used for the temporary storage of household goods, personal items and other materials used in moving from one place to another.

Monopole tower means a type of self-supporting tower consisting of a single pole constructed of steel, wood, or concrete.

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 transient automobile tourists. A motel furnishes customary hotel 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 transient automobile tourists.

Motor vehicle means any passenger vehicle, truck, tractor, recreational vehicle, tractor-trailer, truck-trailer, trailer or semitrailer propelled or drawn by mechanical power.

Motor vehicle repair, major and minor. See Auto repair, major and Auto repair, minor.

Non-commercial trailer or non-business trailer means any trailer that is not a commercial trailer or a business trailer.

Nonconforming building means a building or structure, or portion thereof, lawfully existing at the time of the effective date hereof, or of an amendment to this chapter, 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 occupies a building or land at the time of the effective date hereof, or of an amendment to this chapter, and which does not conform with the use regulations of the district in which it is located.

Nursery, child care means an establishment for the part-time care of five or more children of pre-elementary school age in addition to the members of the family residing therein.

Nursing home means a licensed public or private home or institute which provides maintenance, personal care and nursing for three or more persons who by reason of physical illness or infirmity are incapable of maintaining a private, independent residence.

Open sales lot means land used or occupied for the purpose of buying or selling merchandise stored or displayed out-of-doors prior to sale. Such merchandise includes but is not limited to passenger cars, trucks, motor scooters, motorcycles, boats and monuments.

Ordinary repairs and alterations. Ordinary repairs shall not include the change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders, cutting away of any wall partition or portion thereof, the removal or cutting of any structural beam or loadbearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical system.

Parking space, automobile means space within a public or private parking area of not less than 200 square feet (ten feet by 20 feet), exclusive of access drives, for the storage of one passenger automobile or commercial vehicle under 1½-ton capacity.

Performance standard means a criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by, or inherent in, uses of land or buildings. The more frequently used performance criteria and related terms include the following:

Active to intense burning means the rate of combustion described by materials that burn with a high degree of activity and are consumed rapidly. Examples include sawdust, powdered magnesium and pyroxylin.

American National Standards Institute (ANSI) is a national organization promulgating authoritative standards in many technical fields, formerly the American Standards Association.

Closed cup flashpoint means the lowest temperature at which a combustible liquid, under prescribed conditions, will give off a flammable vapor which will burn momentarily.

Decibel means a unit which describes the sound pressure level or intensity of sound. A sound level meter is calibrated in decibels.

Detonable materials means materials which decompose by detonation. Such materials include explosives, unstable compounds and fissionable matter.

Earthborne vibrations means the periodic displacement, measured in inches, of earth.

Fireproof containers means enclosures of steel or concrete, but not lead or other low-melting metals or alloys, unless the lead or low-melting metal or alloy is completely encased in steel.

Flashpoint means the lowest temperature at which a flammable liquid will momentarily burn under prescribed conditions. The tag flashpoint testers shall be authoritative.

Footcandle is a unit of illumination, technically, the illumination at all points one foot distant from a uniform point source of one candlepower.

Free burning implies a rate of combustion described by a material which burns actively and easily supports combustion.

Frequency signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

Impact noise means a short duration sound such as those from a forging hammer or punch press.

Impulsive noise means a sound which is no longer than two seconds in duration, followed by no less than a two-second rest.

Intense burning implies a rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.

Microcurie means one-millionth of a curie, which is a standard unit of radioactivity.

Moderate burning implies a rate of combustion described by a material which supports combustion and is consumed slowly as it burns.

Noxious matter means a material 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.

Octave band means a prescribed interval of sound frequencies which classify sound according to its pitch.

Odor threshold means the lowest concentration of odorous matter in air that will produce an olfactory response in a human being.

Odorous matter means any matter or material that yields an odor which is offensive in any way.

Particulate matter means material, other than water, which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid.

Preferred frequency octave bands means a standardized series of octave bands prescribed by ANSI in S1.6-1967, Preferred Frequencies for Acoustical Measurements.

Pre-1960 octave bands means a standardized series of octave bands prescribed by ANSI in Z24.10-1953, Octave Band Filter Set.

Ringelmann chart means a chart which is described in the U.S. Bureau of Mines Information Circular 8333, on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke.

SCF (standard cubic feet) means the measure of the volume of a gas, at any other conditions, reduced to 14.73 pounds per square inch absolute and 60 degrees Fahrenheit.

Slow burning and incombustible imply materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite or actively support combustion during an exposure for five minutes to a temperature of 1,200 degrees Fahrenheit shall be designated incombustible.

Smoke means small gas-borne particles, other than water, that form a visible plume in the air.

Smoke and particulate matter (Ringelmann number) means the shade of smoke as it appears on the standard Ringelmann chart published by the U.S. Bureau of Mines.

Sound level. The sound level of an operation or use is the intensity of sound, measured in decibels, produced by such operation or use.

Sound level meter means an electronic instrument which includes a microphone, an amplifier and an output meter which measures noise and sound pressure levels in a specified manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands.

Sound pressure level means the intensity of a sound measured in decibels, mathematically described as 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar.

Threshold limit value means the maximum allowable airborne concentration of toxic material, as established by the American Conference of Governmental Industrial Hygienists.

Toxic matter means materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.

Vibration means the periodic displacement or oscillation of the earth.

Person with a disability means any individual whose disability:

(1)

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

(2)

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

(3)

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

a.

Self care;

b.

Receptive or expressive language;

c.

Learning;

d.

Mobility;

e.

Self direction;

f.

Capacity for independent living; or

g.

Economic self-sufficiency; and

(4)

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

Pilot plant means a building or group of buildings in which a test, sample or experimental manufacturing or assembling is operated until such time as the process is perfected. This use is not to provide for the continuing operation of a manufacturing or assembling use.

Planned unit development means a tract of land which is developed as a unit under single ownership or unified control, which includes two or more principal buildings or uses and is processed under the planned development procedure of this chapter.

Planned unit development plat means a drawing or map made to a measurable scale upon which is presented a description and definition of the way in which the design requirements of the planned unit development are to be met, intended for recording with the county recorder of deeds.

Porch means a roofed-over structure projecting out from the wall of a main structure and commonly open to the weather in part.

Property line means an imaginary line at the edge or boundary of a zoning lot.

Public utility means any person duly authorized to furnish, under public regulation, to the public, electricity, gas, steam, telephone, telegraph, transportation, water or sewerage systems.

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

Qualifying patient means a person who has been diagnosed by a physician as having a debilitating medical condition as defined by the Compassionate Use of Medical Cannabis Pilot Program Act and has been issued a registry identification card by the Department of Public Health as a medical cannabis patient.

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

Recreational vehicle means every camping trailer, motor home, mini motor home, travel trailer, truck camper, van camper, boat, personal water craft, snowmobile, all terrain vehicle or similar vehicle used primarily for recreational purposes and not used commercially nor owned by a commercial business.

Repair. The reconstruction or renewal of any part of an existing structure for the purpose of its maintenance.

Residential care means maintenance (room and board) and oversight (general watchfulness and appropriate services to meet needs of residents, including but not limited to social, recreational and employment opportunities).

Residential care home means any living quarters wherein unrelated individuals are provided residential care. A residential care home does not include a nursing home, hospital, adult day center or living quarters which serve persons as an alternative to incarceration for a criminal offense.

(1)

Large residential care home means a residential care home for four to eight persons, plus supervisory or oversight personnel, living together as a single housekeeping unit for the primary purpose of providing shelter.

(2)

Small residential care home means a residential care home for three persons or fewer, plus supervisory or oversight personnel, living together as a single housekeeping unit for the primary purpose of providing shelter in a family-like atmosphere as part of the residential community.

Rest home and nursing home mean a private home for the care of children or the aged or infirm or any other person in need of nursing care. Such home does not contain equipment for surgical care or for treatment of disease or injury, and is not primarily designed for mental patients or alcoholics.

Restaurant means a business where the dispensing of food and/or beverages on the premises is the principal business operation, including a café, cafeteria, coffee shop, lunchroom, tea room and dining room, but not including a bar, cocktail lounge, tavern, carry-out or drive-in restaurant.

Restaurant, carry-out means a restaurant where food is typically ordered by telephone and prepared on the premises for consumption off the premises, with no seating or other area provided on the premises for consumption. The establishment may deliver food to the customer, or the customer may pick food up.

Restaurant, drive in means a restaurant whose principal business operation is the dispensing of edible foodstuffs and/or beverages, ready for consumption on the premises, in automobiles, at outdoor tables or at stand-up counters, or to be carried off the premises. One of the other of the following conditions shall prevail:

(1)

Total seating area located within the enclosed portion of the premises shall be less than 50 percent of the total floor area.

(2)

Total automobile parking spaces on the premises shall exceed the total indoor seats provided for customers.

Retail and retail store mean sale to the ultimate consumer for direct consumption and not for resale.

Roominghouse means a building in which sleeping quarters (but not meals or cooking facilities) are provided by prearrangement for compensation on a weekly or longer basis for three or more persons who are not members of the keeper's family. The term "roominghouse" shall also mean lodginghouse. A roominghouse shall not include a residential care home or nursing home.

School means a public or private institution which offers instruction in any of the branches of learning and study comparable to that taught in the public schools under the state school laws, including prekindergartens, kindergartens, elementary schools and junior and senior high schools, but excluding trade, business or commercial schools.

Seasonal items means flowers; fireworks; pumpkins, gourds and decorative corn; and Christmas trees and decorations.

Setback means the minimum horizontal distance between the street wall of a building and the street property line.

Setback, established buildings. When 50 percent or more of the lots fronting on one side of the street within a block are improved, the existing building setbacks of such improved lots shall be the established building setback for determining the required setbacks for the remainder of the lots along such street frontage, as regulated in this chapter.

Shopping center means an integrated and harmonious design of a building or structure or buildings or structures in which is located a group of business enterprises and which has adequate and properly arranged facilities for internal traffic circulation, collective off-street parking and loading facilities, landscaping, and other features and facilities common to shopping center developments. A shopping center is usually, but not necessarily, planned, developed, owned, or managed as a unit.

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.

Sign, advertising means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed.

Sign, flashing means any illuminated sign on which the artificial light is not maintained stationary and/or is constant in intensity and color at all times when such sign is in use. For the purpose of this chapter, any revolving, illuminated sign shall be considered a flashing sign.

Sign, gross surface area of means the entire area within a single continuous perimeter enclosing the extreme limits of a sign and in no case passing through or between any adjacent elements of the sign. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display. In the case of a sign with two visible surfaces, the gross surface area shall be the sum of both sides of the sign.

Small wireless facility means a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and (ii) all other wireless equipment attached directly to a utility pole associated with the facility is cumulatively no more than 25 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.

Special use means a specific use of land or buildings, or both, described and permitted in this chapter, subject to special provisions and which because of its unique characteristics cannot be properly classified as a permitted use.

Storage, outdoor means the outdoor accumulation of vehicles, equipment or products, or materials for permanent or temporary holding.

Storage shed means a detached accessory building designed, arranged, used or intended to be used for the storage of incidental household supplies other than passenger automobiles and trucks.

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 no 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 plats 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 one-family dwellings, two-family dwellings and multiple-family dwellings less than three stories in height, a half story in a sloping roof shall not be counted as a story for the purposes 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.

Street frontage means all of the property fronting on one side of a street between two intersecting streets, or in the case of a dead-end street, all of the property along one side of a street between an intersecting street and the end of such dead-end street.

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

Structural alterations means any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders, except 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 of this definition, advertising signs, billboards, backstops for tennis courts, and pergolas.

Temporary mobile sign means an advertising device of a nonpermanent type, used principally for commercial purposes.

Temporary real estate development office means a temporary office located within the confines of a real estate development project and from which the developer of such project or his duly authorized sales agent may carry on the business of selling or renting the property or buildings comprising the project. For purposes of this definition, the term "real estate development project" means a specific area as set forth on a plat of survey and having an exact legal description which actively is being developed for residential or commercial purposes either for sale or for rent.

Terrace, open and patio mean 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.

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

Tow truck means a truck with winches and hoist mechanisms for freeing stuck vehicles and towing wrecked or disabled vehicles (also called a wrecker, a breakdown truck, recovery truck or a breakdown lorry).

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including lattice towers, guyed towers, and monopole towers.

Trailer means every vehicle without motive power in operation, other than a pole trailer, designed for carrying persons or property adaptable for living, sleeping, business or storage purposes, and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

Trailer, house. See Mobile home.

Unified control means the combination of two or more tracts of land wherein each owner has agreed that his tract of land shall be developed as part of a planned unit development and shall be subject to the control applicable to the planned development.

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

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

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

Use, special. See Special use.

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

Valuation. Valuation of a building shall be the assessed valuation, or, where no assessed valuation exists, its appraised valuation.

Village planner means the individual appointed by the village president, by and with the consent of the board of trustees, to function, when authorized by ordinance or by the president, in the administrative review of the specific planning and zoning applications.

Wholesale means sale for resale and not for direct consumption.

Wireless communications means digital wireless technology such as portable phones, pagers, faxes and computers.

Wireless communication facility means a parcel of land that contains wireless communication infrastructure such as antennas, support structures, equipment, accessory buildings, parking, and other uses associated with and ancillary to wireless communication transmission, excluding small wireless facilities as defined herein.

Wireless service provider means a company that provides wireless services.

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

Yard, corner side means a yard located immediately adjacent to a street or public right-of-way, occupying an area that extends from the front building wall the length of the street to the rear lot line.

Yard, front means a yard extending across the full width of the zoning lot in accordance with the setback requirements of this chapter. (See definition of "setback.")

Yard, rear means a yard extending across the rear of the lot between the side yards. Double frontage and reverse corner lots will have no rear yard.

Yard, side means a yard extending from the rear line of the front yard to the lot line most nearly parallel to that rear line.

Zoning administrator means the individual appointed by the village president, by and with the consent of the board of trustees, to administer and enforce the zoning regulations of the village.

Zoning lot means a parcel of land of sufficient size to meet the minimum requirements of this chapter concerning use, coverage, width, area, yards and other open space and having frontage on an improved public street.

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

(Code 1981, §§ 10-2-5, 10-10-1-6.B; Ord. No. 1131, § 1, 3-26-1997; Ord. No. 1195, § 1(10-2-5), 5-13-1998; Ord. No. 1199, § 1, 6-10-1998; Ord. No. 1213, §§ 1, 2(10-2-5), 10-28-1998; Ord. No. 1218, § 1(10-2-5), 11-25-1998; Ord. No. 1464, § 1, 5-13-2003; Ord. No. 1563, § 1, 7-13-2004; Ord. No. 1826, § 1, 12-19-2006; Ord. No. 1909, §§ 1—3, 1-21-2008; Ord. No. 1934, § 1, 3-24-2008; Ord. No. 1935, § 1, 3-24-2008; Ord. No. 1964, §§ 1, 2, 6-23-2008; Ord. No. 2064, § 3, 9-14-2009; Ord. No. 2157, §§ 2, 3, 3-14-2011; Ord. No. 2309, § 1, 12-17-2012; Ord. No. 2399, § 1, 2-10-2014; Ord. No. 2651, § 1, 6-26-2017; Ord. No. 2728, § 1, 2, 7-23-2018; Ord. No. 2872, § 2, 5-18-2020; Ord. No. 2966, § 2, 1-10-2022; Ord. No. 3128, §§ 1, 2, 9-9-2024)

Cross reference— Definitions generally, § 1-2.

The president and board of trustees hereby adopt the comprehensive plan and the official map, a true and exact copy of which is by reference specifically made a part of this chapter and shall be and remain on file with the village clerk for public inspection.

(Code 1981, § 10-1-1)

It is the intent that this chapter be adopted for the following purposes:

(1)

Provide that adequate light, pure air and safety from fire and other dangers may be secured.

(2)

Provide that the taxable value of land and buildings throughout the village may be conserved.

(3)

Provide that congestion in the public streets may be lessened or avoided.

(4)

Provide that the hazards to persons and damage to property resulting from the accumulation or runoff of stormwater or floodwater may be lessened or avoided.

(5)

Provide that the public health, safety, comfort, morals and welfare may otherwise be promoted.

(Code 1981, § 10-2-2)

In order that the purposes of this chapter may be fulfilled, conditions, regulations and requirements are set forth in this chapter to:

(1)

Regulate and limit the height and bulk of buildings to be erected;

(2)

Establish, regulate and limit the building or setback lines on or along any street, trafficway, drive, parkway, or stormwater or floodwater runoff channel or basin;

(3)

Regulate and limit the intensity of the use of lot areas, and regulate and determine the area of open spaces within and surrounding the buildings;

(4)

Classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential and other uses;

(5)

Divide the entire village into districts of such number, shape and area and of such different classes (according to the use of land and buildings, height and bulk of buildings, intensity of the use of lot area, area of open spaces, or other classification) as may be deemed best suited to carry out the purposes of this chapter;

(6)

Fix standards to which buildings or structures therein shall conform;

(7)

Prevent additions to and alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed under this chapter; and

(8)

Prohibit uses, buildings or structures incompatible with the character of such districts.

(Code 1981, § 10-2-3)

This chapter, to fulfill its purpose, provides conditions, regulations and requirements to:

(1)

Protect the character and the stability of the residential, business and manufacturing areas and to promote the orderly and beneficial development of such areas;

(2)

Provide convenient access to properties;

(3)

Provide for off-street parking and loading facilities;

(4)

Protect against noises, vibrations, noxious fumes, explosion hazards and other undesirable industrial and commercial hazards;

(5)

Prevent the overcrowding of land and undue concentration of structures;

(6)

Provide for the elimination of nonconforming uses of land, buildings and structures which are incompatible and adversely affecting the character and value of desirable development in each district;

(7)

Define and limit the powers and duties of the administrative officers and bodies as provided in this chapter;

(8)

Provide for the obtaining of permits and certificates; and

(9)

Prescribe penalties for the violation of the provisions of this chapter.

(Code 1981, § 10-2-4)

(a)

Minimum requirements. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion and protection of the public health, safety, morals and welfare.

(b)

Conflicting regulations. Where the conditions imposed by any provision of this chapter upon the use of land or buildings, bulk of buildings, floor area requirements, lot area requirements and yard requirements are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

(c)

Existing agreements. This chapter is not intended to abrogate any easement, covenant or other private agreement; provided that, where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this chapter shall govern.

(d)

Existing violations. No building, structure or use, not lawfully existing at the time of the effective date hereof, shall become or be made lawful solely by reason of the adoption of these provisions, and to the extent that and in any manner that such unlawful building, structure or use is in conflict with the requirements of this chapter, such building, structure or use remains unlawful under this chapter.

(Code 1981, § 10-7-1)

It is hereby declared to be the intention of the president and board of trustees that the several provisions of this chapter are separable, in accordance with the following:

(1)

If any court of competent jurisdiction shall adjudge any provisions of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in such judgment.

(2)

If any court of competent jurisdiction shall adjudge invalid the application of any provisions of this chapter to a particular property, building or other structure, such judgment shall not affect the application of the provision to any other property, building or structure not specifically included in such judgment.

(Code 1981, § 10-7-2)

It is hereby declared that the provisions of this chapter shall apply to all properties as specifically provided in this section:

(1)

New uses. No building or structure or part thereof shall hereafter be erected, constructed, reconstructed, enlarged, moved or structurally altered, and no building, structure or land shall hereafter be used, occupied or arranged or designed for use or occupancy, nor shall any excavating or grading be commenced in connection with any of such matters, except as permitted by the regulations of this chapter for the zoning district in which such building, structure or land is located.

(2)

Existing uses. Except as may otherwise be provided, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter, shall be subject to all regulations in this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.

(3)

Nonconforming uses. Any lawful building, structure or use existing at the time of the effective date hereof may be continued, even though such building, structure or use does not conform to the provisions in this chapter for the district in which it is located, and whenever a district shall be changed hereafter, the then-existing lawful use may be continued, subject to the provisions in article V of this chapter.

(4)

Existing special uses. Where a structure and use thereof of land lawfully exists on the effective date hereof, and is classified by this chapter as a special use in the district where it is located, such use shall be considered a lawful special use. A special use permit issued in accordance with procedures set forth in this chapter shall be required only for any expansion or major alteration of such existing legal special use.

(5)

Lots of record not meeting dimensional standards. A lot of record at the time of the effective date hereof, in a residence district, which is unable to meet the requirements of this chapter as to area, lot width and yard requirements, may be used for a single-family detached dwelling, provided it shall meet all the other requirements of this chapter.

(6)

Contiguous parcels not meeting dimensional standards. When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership at the time of or subsequent to the effective date hereof or amendment hereto, they shall be used as one zoning lot for such use.

(7)

Existing building permits. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, and provided that construction is begun within 90 days of such effective date and diligently prosecuted to completion, the building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further may upon completion be occupied under a certificate of occupancy for the use for which originally designated, subject thereafter to the provisions of article V of this chapter. Article V of this chapter shall also control building permits lawfully issued prior to future amendments to this chapter.

(8)

Existing donation drop boxes. Certain donation drop boxes are known to exist within the corporate limits of the village and may or may not conform to the requirements of this chapter. The operators of said non-conforming donation drop boxes shall have 90 days from the effective date of Ordinance No. 2647 to obtain the required permits as set forth in this chapter or to remove said donation drop boxes.

(Code 1981, § 10-7-3; Ord. No. 2647, § 1, 6-26-2017)

(a)

Number of principal buildings on lot. Except in the case of a planned development, not more than one principal detached single-family residential building shall be located on a residential lot, nor shall a principal detached single-family residential building be located on the same zoning lot with any other principal building.

(b)

Division of lots. No lot shall hereafter be divided into two or more lots for the purpose of transfer of ownership unless all lots resulting from each such division shall conform with all the applicable regulations required by this chapter.

(c)

Through lots. On vacant through lots, the front lot lines shall be along the street right-of-way designated by the building commissioner, except that when a front lot line has been established on one or more lots in the same block and all have front lot lines established along the same street right-of-way line, the street right-of-way line designated as the front lot line for such lots shall be the front line on all vacant through lots in such block. Only such obstructions as permitted in this chapter in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard, except for lots backing to thoroughfares in subdivisions where no-access strips have been provided on the recorded plats.

(d)

Corner lots. On a corner lot, the front lot line shall be the lot line having the shortest dimension along the street right-of-way line. The required front yard setback on corner lots shall apply to each side of the lot facing a street.

(e)

Two uses on lot. Where two or more permitted or special uses, each requiring a minimum lot area, are provided in the same building or on the same lot, the required lot area shall be the sum of the areas required for each use individually.

(f)

Lots without street frontage. Every structure or group of structures, and every use or group of uses, shall be located upon a lot. Where unique land planning designs are employed in a subdivision or planned development to conserve the natural character of the land or to create a functional or compatible arrangement of structures or uses, a lot which does not abut upon a public or private street may be permitted, provided that:

(1)

Adequate provision is made for free access to the lot for the property owner, or, in the case of a nonresidential lot, for those persons who would normally require access to the lot.

(2)

Adequate provision is made for the unobstructed access of firefighting services, police protection, mail-carrier letter service, rubbish collection and other governmental services.

(3)

Adequate provision is made for the extension and maintenance of public and private utility services.

(4)

The arrangement will not contribute toward congestion in nearby streets as a result of delivery services, lack of guest parking or other reasons.

(5)

The character of proposed structures and landscaping is of a quality which will minimize maintenance.

(Code 1981, § 10-7-4)

The following general provisions dealing with open spaces, lot coverage, yards, setbacks, vision clearance and permitted obstructions are established:

(1)

Maintenance of open spaces. The maintenance of yards, courts and other open spaces and the minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts or other open space, or minimum lot area allocated to any building, shall by virtue of change of ownership or for any other reason be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.

(2)

Location of open spaces. All yards, courts and other open space allocated to a building or group of buildings shall be located on the same zoning lots as such building or group of buildings.

(3)

Reduction of yards. No yards now or hereafter provided for a building existing on the effective date hereof shall subsequently be reduced below, if already less than, the minimum yard requirements of this chapter for equivalent new construction. However, a yard adjoining a street may be reduced to provide right-of-way for a street widening.

(4)

Required setbacks. Minimum setbacks on lots abutting a street or thoroughfare shall be the distance required for a front yard or side yard adjoining a street, in the districts where such lots are located, measured from the existing right-of-way line of the street or thoroughfare, or from the proposed right-of-way line as designated on the official map, and as duly established by other ordinances or as established by county or state highway authorities, whichever has the greater right-of-way width requirements.

(5)

Exceptions for established setbacks.

a.

Established setback greater than required setback. Where 50 percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed (within a variation of five feet or less), a front yard greater in depth than required in this chapter, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.

b.

Established setback less than required setback. Where 50 percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have not observed a front yard as required in this chapter, then:

1.

Interior lots. For interior lots:

i.

Where a building is to be erected within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the two existing buildings.

ii.

Where a building is to be erected within 100 feet of an existing building on one side only, it may be erected as close to the street as the existing building.

2.

Corner lots. For corner lots, the depth of the setback lines shall be as normally required in the district where the lot is located.

(6)

Vision clearance on corner lots. On corner lots, no structures or plant materials shall obstruct a clear path of motor vehicle drivers' vision of approaching vehicles within 25 feet of the street intersections. In any business district the distance may be reduced to ten feet and shall not apply to that part of a building above the first floor.

(7)

Permitted obstructions in required yards. The following shall not be considered to be obstructions when located in the required yards specified:

a.

All yards. In all yards:

1.

Open terraces not over four feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch.

2.

Awnings and canopies, but not projecting more than ten feet, and at least seven feet above the average level of the adjoining ground.

3.

Steps, four feet or less above grade, which are necessary for access to a permitted building or for access to a zoning lot from a street or alley.

4.

Chimneys projecting 18 inches or less into the yard.

5.

Arbors, trellises, flagpoles, fountains, sculptures, plant boxes and other similar ornamental objects.

6.

Fences and walls not exceeding three feet in height above the natural grade level in front yards and not exceeding six feet in height above natural grade level in side and rear yards. For corner lots, fences and walls in corner side yards shall not exceed four feet in height above the natural grade level, provided that no fence exceeding a height of two feet shall be permitted within ten feet of any right-of-way line for a distance of forty feet from the intersection of any two right-of-way lines or from the intersection of any right-of-way line and any driveway. All supporting posts shall be exposed to the lot interior and shall not face the adjoining properties.

7.

No barbed wire or barbed wire fences shall be allowed on private property in residential zones, or on lots in any zoning district being used for single- or multiple-family dwelling purposes. No fences shall be constructed of material obviously intended to inflict great bodily harm should a person attempt to climb or scale it. Such material shall include but not be limited to electrically charged wire or other electrical conduit, broken glass, razor blades and sharp or jagged metal spikes or spears. Barbed or electrically charged fences may be used only as authorized by the special provisions of the particular zoning district in which the fence is intended. Commercial and industrial zoned districts are permitted an eight-foot chainlink fence with a barbed wire security fence installed on top of the chainlink fence. Total height for this type of fencing shall not exceed ten feet. The entire fence, including projections, must be completely located within the property on which it is installed.

b.

Front yards. In front yards, one-story bay windows projecting three feet or less into the yard, and overhanging eaves and gutters projecting three feet or less into the yard.

c.

Rear yards. In rear yards, enclosed, attached or detached off-street parking spaces, accessory sheds, tool rooms and similar buildings or structures for domestic or agricultural storage; balconies, breezeways and open porches; one-story bay windows projecting three feet or less into the yard; and overhanging eaves and gutters projecting three feet or less into the yard. In any residential district, no accessory building shall be nearer than five feet to the rear lot line or nearer than ten feet to any principal building unattached.

d.

Side yards. In side yards, overhanging eaves and gutters projecting into the yard for a distance not exceeding 40 percent of the required yard width, but in no case exceeding two feet.

(Code 1981, § 10-7-5; Ord. No. 2065, § 1, 9-14-2009; Ord. No. 2309, § 2, 12-17-2012)

The following requirements qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter:

(1)

Public and semipublic hospitals, institutions, schools or public utility and service buildings, when permitted in a district, may be erected to a height not exceeding 60 feet, provided that such specified buildings shall be set back from the front, rear and side lot lines on the ratio of two feet for every one foot of building height greater than 40 feet; provided, however, that such specified requirements shall apply in addition to the other requirements for building line setbacks and for rear and side yards specifically set forth in this chapter.

(2)

Chimneys, parapet walls, skylights, steeples, flag poles, smokestacks, cooling towers, elevator bulkheads, fire towers, monuments, water towers, stacks, stage towers or scenery lofts, tanks, ornamental towers and spires, satellite dishes, towers for federally licensed amateur radio transmissions, television antennas, multipoint multichannel service antennas, necessary mechanical appurtenances or penthouses to house mechanical appurtenances, may be erected above the height limits herein prescribed.

(3)

Planned unit developments may exceed the height limits established for the district in which the structure is located.

(Code 1981, § 10-7-6; Ord. No. 1195, § 34(10-7-6), 5-13-1998)

(a)

Generally. Accessory buildings and uses are allowed in the various districts as prescribed in each district and shall be compatible with the principal use.

(b)

Location. When a side yard is required, no part of an accessory building shall be located closer than five feet to the side lot line along such side yard. When a rear yard is required, no part of an accessory building shall be located closer than five feet to the rear lot line or to those portions of the side lot lines abutting such required rear yard. In a residential district, no detached accessory building shall be closer than ten feet to the principal building, and, for each foot over 20 feet in length that the wall of an accessory structure parallels and is next to the principal structure, the required distance between the structures shall be increased by an additional foot.

(c)

Time of construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

(d)

Maximum size in rear yards. No accessory building shall occupy more than 40 percent of the area of a required rear yard. The maximum size storage shed on residentially zoned property with a lot size less than 30,000 square feet shall be 180 square feet. The maximum size storage shed on residentially zoned property with a lot size equal to or greater than 30,000 square feet shall be 600 square feet.

(e)

Maximum height in rear yards. No accessory building or portion thereof located in a required rear yard shall exceed 15 feet in height.

(f)

Reversed corner lots. On a reversed corner lot in a residential district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than the required front yard on the adjacent lot to the rear. Further, in the instance described in this subsection, no such accessory building shall be located within five feet of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residential district.

(g)

Swimming pools.

(1)

Enclosure. Every person owning land on which there is situated a swimming pool which contains 24 inches (610 mm) or more of water in depth at any point shall erect and maintain thereon an adequate enclosure surrounding either the property or the pool area, sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, shall be not less than five feet above the underlying ground. All gates shall be self-latching placed four feet (1,219 mm) above the underlying ground and otherwise made inaccessible from the outside to small children. A natural barrier, hedge, pool cover or other protective device approved by the board of trustees may be used so long as the degree of protection afforded by the substituted devices or structures is not less than the enclosure, gate and latch described by this subsection.

(2)

Location.

a.

Generally. No swimming pool shall be located in the front yard of any lot, including both street frontages on corner lots. Pumps, filters, and pool disinfecting equipment shall be located at a distance not less than five feet from any side or rear property line and not less than ten feet from the principal building. Pools shall not be located below or within ten feet from any overhead electrical lines.

b.

Above-ground pools. Above ground pools shall be located at least ten feet from any side or rear property lines and at least five feet from the principal building.

c.

In-ground pools. In-ground swimming pools shall be located at least ten feet from any side or rear property lines and at least ten feet from the principal building.

(Code 1981, § 10-7-7; Ord. No. 1131, § 3, 3-26-1997; Ord. No. 1378, § 2, 2-13-2002; Ord. No. 2309, § 3, 12-17-2012; Ord. No. 2917, § 2, 5-10-2021)

The provisions of this chapter shall not be exercised so as to impose regulations or require permits with respect to land used or to be used for agricultural purposes, or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings or structures used or to be used for agricultural purposes upon such land, except that such buildings or structures for agricultural purposes shall conform to building or setback lines, and shall be subject to the building permit requirements of article II of this chapter. If the land ceases to be used solely for agricultural purposes, then and only then shall the provisions of this chapter apply.

(Code 1981, § 10-7-8)

Notwithstanding any other provisions of this chapter, no building or structure shall be erected, structurally altered or enlarged closer to the centerline of an existing major street or easement and/or proposed major street or easement than one-half the right-of-way width specified for that type of street in the trafficway standards. In addition, front yard requirements of the districts shall be added to these distances required by major streets.

(Code 1981, § 10-7-9)

(a)

In order to protect watershed areas subject to periodic flooding or other hazards resulting from interruption of flood flow or spreading or overflow of streams or channels, certain areas may be established as floodplain reservation areas and be so designated upon the zoning district map. No building or portion thereof which is designed for living purposes as a dwelling, school, hospital, institution or home for the treatment of convalescent persons, children or aged persons, or for any combination thereof, shall be built and no existing building may be altered so as to be used in whole or in part for any one or more of such uses, where the land to be covered by such building or portion thereof is unfit for human habitation.

(b)

All other permitted uses within the use district designated for such property on the zoning district maps shall be authorized subject to the regulations of the district. Any structure shall be firmly anchored to prevent the structure from floating away and threatening river traffic, bridge openings or other restricted sections of the stream.

(Code 1981, § 10-7-10)

When required by this chapter, screening shall be designed, planted or constructed and maintained in accordance with the following conditions:

(1)

Front property line.

a.

Evergreen planting as follows:

1.

Initial height: Not less than one foot.

2.

Permanent height: Not more than two feet six inches.

b.

A masonry wall as follows:

1.

Height: Not more than two feet.

2.

Density: Solid or pierced.

c.

Other screening as approved by the plan commission.

(2)

Side or rear property line.

a.

Evergreen planting as follows:

1.

Initial height: Not less than three feet.

2.

Permanent height: At least five feet six inches.

3.

Density: Plant material shall be planted so that within five years vision and lights shall be obscured by the plantings.

b.

A masonry wall or wood fence as follows:

1.

Height: At least five feet six inches.

2.

Density: So that vision and lights shall be obscured.

c.

Other screening as approved by the plan commission.

(3)

Materials. All materials shall conform to the following requirements:

a.

Plant materials shall be permanent type evergreens hearty to the Illinois climate.

b.

Wood and masonry materials shall be new materials in good condition, properly installed and with initial maintenance materials applied.

(4)

Time of installation.

a.

New development. All screening shall be installed, constructed or provided before the property is occupied or used.

b.

Existing uses. All uses actually established and in operation on the effective date hereof shall be made to comply with the screening requirements within a period of three years from such effective date.

(5)

Maintenance. All screening materials shall be properly and adequately maintained and kept free of trash and litter.

(Code 1981, § 10-7-11)

Editor's note— Ord. No. 1416, § 1, adopted Sept. 11, 2002, repealed § 106-18 in its entirety. Formerly, said section pertained to notice to adjoining landowners of hearing on amendment or special use permit as enacted by Code 1981, § 10-7-12.