1. The principal objective of this title is to regulate and limit the height and bulk of buildings to be erected; to regulate and limit the intensity of the use of lot area, and to regulate and determine the area of open spaces, within and surrounding such buildings, to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential and other uses; and for said purposes to divide the city into districts providing special regulations for each district, fixing the standards which buildings or structures shall conform to therein; prohibiting uses, buildings, or structures incompatible with the character of such districts respectively; preventing additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder; to create a board of appeals and to define certain terms used in this title.
2. It is deemed expedient, to the end that adequate light, pure air and safety from fire and other dangers may be secured, that the taxable value of land and buildings throughout the city may be conserved, that congestion in the public streets may be lessened or avoided, and that the public health, safety, comfort, morals and welfare may otherwise be promoted, all in accordance with a well-considered plan for the uses and development of all property throughout the city.

(Code 1970, § 10-1-1; Code 1987, § 7-163)

State Law reference— Objectives of zoning powers, 65 ILCS 5/11-13-1.

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to­time, and regulations promulgated thereunder.

ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS DISPENSING ORGANIZATION: 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 Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: 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 Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ALLEY: A narrow thoroughfare upon which abut generally the rear of premises, or upon which service entrances of buildings abut, and which is not generally used as a thoroughfare by both pedestrians and vehicles, or which is not used for general traffic circulation, or which is not in excess of 30 feet in width at its intersection with a street.

APARTMENT: A room or suite of rooms in a multiple-family building, which is arranged, designed, used or intended to be used as a housekeeping unit. Complete kitchen facilities permanently installed, shall always be included for each apartment. (See Dwelling, multiple-family.)

APARTMENT HOUSE: A building which is used or intended to be used as a home or residence for two or more families living in separate suites or sets of rooms.

BASEMENT: A story partly or wholly underground. Where more than one-half of its height is above the average level of the adjoining ground, a basement shall be counted as a story for the purpose of height measurement.

BED AND BREAKFAST ESTABLISHMENT: 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. Bed and breakfast establishments shall not include motels, hotels, boardinghouses or food service establishments.

BLOCK: The property abutting on a street on a side of such street and lying between the two nearest intersections or intersecting streets, or nearest intersecting street and railroad right-of-way.

BOARDINGHOUSE: A building other than a hotel or restaurant where meals are provided for compensation to four or more persons, but not more than 12 who are not members of the keeper's family.

BUILDING: Any structure having a roof supported by columns or walls and designed or intended for the shelter, support, enclosure or protection of persons, animals or chattel.

BUILDING AREA: The space remaining on a lot after the minimum open space requirements of this chapter have been met.

BUILDING HEIGHT: The vertical distances measured from the sidewalk level of its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to mean height level between eaves and ridge of a gable, hip or gambrel roof, provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

CLINIC: A building containing an association or group of physicians, dentists, clinical psychologists, and similar professional health care practitioners, including allied professional assistants who are assembled for the purpose of carrying on their professions. The health care facility may include apothecary, dental and medical laboratories, and/or x-ray facilities, but shall not include in-patient care of operating rooms for major surgery.

CLUB or LODGE, PRIVATE: A nonprofit association or persons who are bona fide members paying annual dues, which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises, to members and their guests, provided adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective of the organization and further provided that such sale of food and alcoholic beverages is in compliance with the applicable federal, state, county and municipal laws.

COLLEGE: Public, parochial, charitable or nonprofit junior college, college or university, other than trade or business school including instructional and recreational uses with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers and employees meeting the requirements and recognized as such under ILCS chapter 110.

COMMUNITY CENTER: A building, together with lawful accessory buildings and uses for recreational or cultural activities and not operated for profit. Membership shall be restricted to persons living in a specified geographical area but shall not be based upon any other criteria.

COMMUNITY CENTER, THEATRICAL: A building or portion thereof, used for a not-for-profit organization chartered by the state, or local political jurisdiction, which has as its purpose the promotion, instruction, study and production of theater art forms.

CONDOMINIUM: A form of real estate ownership in which designated units, including volumes of space, are owned by individual owners who, by virtue of their unit ownership have joint use of, interest in, and ownership of halls, entrance ways, terrace facilities, lands and such other improvement as may be included in the condominium declaration required by this Condominium Property Act (765 ILCS 605/1 et seq.). (See Dwelling, multiple-family.)

DAY CARE CENTER: An institution or place in which are received three or more children, not of common parentage, apart from their parents or guardian, for part or all of a day, but not later than 9:00 p.m. The term "day care center" includes, but is not limited, to the following: nursery schools, child care centers, day nursery schools, kindergartens and play groups, provided it meets the requirements and criteria for licensing set forth in the various standards for such facilities issued by the state department of children and family services.

DEVELOPMENTALLY DISABLED PERSON: A person suffering from a developmentally disabling condition or disease, including, but not limited to, epilepsy, autism, cerebral palsy or dyslexia.

DISTRICT: A section or sections of the incorporated area of the city for which the regulations and provisions governing the use of buildings and land are uniform for each class of use permitted therein.

DWELLING: A building or portion thereof, but not including a house trailer or mobile home designed or used exclusively for residential occupancy, including one- and two-family dwelling units and multiple-family dwelling units but not including hotels, motels, boardinghouses or lodginghouses or group homes occupied by nine or more persons.

DWELLING, MULTIPLE-FAMILY: A multiple-family dwelling unit is a building or portion thereof, consisting of three or more dwelling units with varying arrangements of entrance and party walls. The definition of multiple-family dwelling unit may include, but shall not be limited to, the following terms: apartment, condominium, cooperative, quadrominium, three-flat and triplex.

DWELLING, ONE- or TWO-FAMILY: A detached building designed exclusively for occupancy by one or two families.

DWELLING UNIT: One or more rooms in a residential building which are arranged, designed, used or intended for use by one family, for living or sleeping purposes and which includes complete kitchen facilities and bathroom permanently installed, shall be included in each dwelling unit.

ESTABLISHED GRADE: See Grade.

FAMILY: An individual, or two or more persons related by blood, marriage or adoption, or a group of not more than five persons not so related, living together as a single housekeeping unit in a dwelling.

FAMILY CARE HOME FOR THE DEVELOPMENTALLY DISABLED: A dwelling for eight or fewer developmentally disabled persons, in which the program size and content are structured to meet the individual social habilitative, and respite needs of the person residing therein, in a residential community setting. Prior to admitting residents, this dwelling shall comply with applicable licensing standards of the appropriate federal, state, or local agencies, and may in addition, house such minimum staff persons as may be received to meet the standards of the licensing agencies.

FINISHED GRADE: See Grade.

FRONT STREET LINE: See Street line.

FRONT YARD: An open unoccupied space between the front line of the building proper and the street line. Covered or enclosed porches not exceeding seven feet in depth shall be excluded.

GARAGE: Any premises used for the housing or storage of motor-driven vehicles or where such vehicles are equipped for operation, repaired, or kept for hire or sale, not including exhibition or showroom for cars.

GRADE: The finished grade of the premises improved by a building is the elevation of the surface of the ground adjoining the building. The established grade of premises, whether vacant or improved, is the elevation of the sidewalk at the property line as fixed by the city. Where the finished grade is below the level of the established grade, the grade shall be used for all purposes of this chapter.

GROUP DWELLINGS: A group dwelling is a residential building providing a common kitchen and/or bathroom facilities for five or more unrelated persons. Examples of group dwellings include roominghouses, boardinghouses, fraternities, sororities, dormitories, family care homes for developmentally disabled occupied by nine or more persons and group homes occupied by nine or more persons. A residential alternative for the developmentally disabled shall not be considered a group dwelling.

GROUP HOME: A single dwelling unit occupied on a relatively permanent basis in a family-like environment by unrelated persons with disabilities. Paid professional support staff, provided by a sponsoring agency, either living with the residents on a 24-hour basis or present whenever residents are present at the dwelling, shall be required unless a special use approval is obtained to eliminate the requirement of supervision.

HALFWAY HOUSE: A temporary residential living arrangement for persons who are receiving therapy and counseling from support staff who are present at all times that residents are present, for the following purposes:

1. To help them recuperate from the effects of drugs or alcohol addiction;
2. To help them re-enter society while housed under supervision while under the constraints of alternatives to imprisonment, including, but not limited to, pre-release, work release, and probationary programs;
3. To help persons with family or school adjustment problems that require specialized attention and care in order to achieve personal independence; or
4. To provide temporary shelter for persons who are victims of domestic abuse.

HEALTH CARE FACILITY: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than 24 hours in any week of nine or more non-related individuals suffering from illness, disease, injury, deformity or other abnormal physical condition.

HOME OCCUPATION: Any use customarily conducted entirely within the dwelling or permitted accessory building and carried on by the inhabitants thereof, which is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof; and provided that no article is sold or offered for sale except such as may be produced on the premises by members of the immediate family, or the gross revenue of which is less than ten percent of the gross revenue from the home occupation. Clinics, doctors' offices, hospitals, any food service, overnight accommodations, animal hospitals, kennels and vehicle repair of any kind shall not be deemed home occupations under any circumstances except bed and breakfast establishments or guest houses as defined in this Code shall be permitted as home occupations provided there are not more than five guest rooms.

HOSPICE: A temporary residential living arrangement for persons who have a disease that requires full-time support, therapy and/or treatment.

HOSPITAL: A hospital is any institution, place, building or agency, public or private whether organized for profit, or not, devoted primarily to the maintenance and operation of facilities for the diagnosis and treatment or care of two or more unrelated persons admitted for overnight stay or longer in order to obtain medical, including obstetric, psychiatric and nursing, care or illness, disease, injury, infirmity or deformity. The term "hospital," without regard to length of stay, also includes:

1. Any facility which is devoted primarily to providing psychiatric and related services and programs for the diagnosis and treatment and care of two or more unrelated persons suffering from emotional or nervous disease; and
2. All places where pregnant women are received, cared for, or treated during delivery irrespective of the number of patients received.
3. The term "hospital" includes general and specialized hospitals, tuberculosis, sanitaria, mental or physical hospitals and sanitaria, and includes maternity homes, laying in homes and homes for unwed mothers in which aid is given during delivery.

HOTEL: A building which is used as a temporary abiding place, for remuneration, with or without meals, containing five or more guest rooms or suites where no provision for cooking is made in any individual guest room or suite, and which provides maid, butler and linen service and which maintains a hotel register.

HOTEL, APARTMENT: A hotel in which at least 90 percent of the hotel accommodations are for occupancy by permanent guests. An apartment hotel having not less than 50 guest rooms, may have a dining room open to the public which is accessible only from an inner lobby or corridor.

INSTITUTIONAL USES: Public and denominational schools; elementary and high school, including playgrounds and athletic fields incidental to thereto; public libraries; museums; art galleries; public parks; public playgrounds and public community centers; including customary park activities and functions.

LOT, CORNER: A lot situated at the intersection of two or more streets.

MOTEL: A series of attached, semi-attached or detached guest rooms or suites for the accommodation primarily of automobile transient guests which does not include individual cooking or kitchen facilities and which provides the unit with convenient access to off-street parking spaces for the exclusive use of the guests or occupants of the premises.

NONCONFORMING USE: Any building, structure or land lawfully occupied by a use which does not conform with the regulations of this title.

NURSING HOME: A commercial establishment for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders.

OCCUPANCY CERTIFICATE: A certificate issued by the building code official or other designated official stating the occupancy and use of land or a building or structure referred to therein, complies with the provisions of this title.

PARKING SPACE: An area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one standard automobile, which has adequate access to a public street or alley and permits satisfactory ingress and egress of an automobile.

REST HOME: See Nursing home.

ROOMINGHOUSE: A residence or dwelling, other than a motel, apartment hotel, hotel, or bed and breakfast establishment as those are defined in this Code, wherein three or more rooms, not containing standard facilities for cooking, dining, food preparation and food storage, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent, or rental manager is in residence.

SCHOOL: An institution, either public or private, other than trade or vocational school which offers systematic instruction in any branch or branches of knowledge for elementary or secondary education.

SCHOOL, TRADE or VOCATIONAL: A school which offers instruction in skilled subjects such as typing, shorthand, business machines, carpentry, drafting, automobile and aircraft mechanics.

SPECIAL USE: The use of land, or a building or structure thereon which does not comply with all of the regulations of this chapter governing the use for the zoning district in which that use is located except that such use may be permitted by a special use permit.

STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there 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.

STREET LINE: The dividing line between the street and the lot. The front street line shall be deemed to be the shortest street line.

SHORT-TERM RENTAL - A single-family dwelling, or a residential dwelling unit in a mult-unit structure, condominium, cooperative, timeshare, or similar join property ownership arragement that is rented for a fee for less than 30 consecutive days. Short-term includes vacation rentals. Short-term rental does not include: A) a unit that is used for any non-rental purpose, including educational, health care, retail, restaurant, banquet space, event center or another similar uses; B) a bed and breakfast establishment as defined in this section; or C) transient accomodations, including hotels, and motels that are not classified as residential proerpty or real property taxation purposes.

USE: The purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.

USE, LAWFUL: The use of any building, structure or land that conforms with all of the regulations of this title or any amendment hereto, and which conforms with all codes, ordinances and other legal requirements, as existing at the time of the enactment of this title or any amendment hereto, for the structure or land that is being considered.

USE, PERMITTED: Any use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements and regulations of this title for the district in which such use is located.

USE, PRINCIPAL: The main use of land or buildings as distinguished from a subordinate or accessory use. The principal use may be either a permitted or special use.

USE, SPECIAL: See OCC 32.08.020.

ZONING DISTRICTS: The districts into which the incorporated areas of Oregon, Illinois have been divided as set forth on the zoning district map for the purpose of zoning regulations and requirements.

ZONING MAP: The City of Oregon, Ogle County, Illinois Zoning Map incorporated herein as a part hereof, designating zoning districts, as may be amended from time to time.

(Code 1970, § 10-1-2; Code 1987, § 7-161; Ord. No. 967, 8-22-1988; Ord. No. 1067, 11-28-1994; Ord. No. 1099, 3-24-1997; Ord. No. 09-13, 10-26-2009; Ord. No. 2010-101, 8-23-2010)

1. In interpreting and applying the provisions of this title the provisions hereof shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare.
2. Nothing in this title is intended to interfere with or abrogate any previous rules or permits previously adopted according to law relating to the use of buildings or premises nor to interfere with, abrogate or annul any easements, covenants or agreements between parties, provided, however, that where the provisions of this titl impose greater restrictions as to use or require larger open spaces or less height than are required by such rules or permits or by easements, covenants or agreements, the provisions of this title shall control.

(Code 1970, § 10-9-1; Code 1987, § 7-164)

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 title, the proper local authorities, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business, or use in or about such premises.

(Code 1970, § 10-10-2; Code 1987, § 7-162)

State Law reference— Proceedings to prevent violation of zoning ordinance, 65 ILCS 5/11-13-15.