(a)

Title. This chapter shall be known as, referred to, or cited as the "City of Ottawa Zoning Ordinance."

(b)

Purpose. In accordance with State Law (65 ILCS 5/11-13-1 et seq.), this chapter regulates structure and land uses in the City of Ottawa and in the one and one-half mile extraterritorial jurisdiction as depicted on the accompanying zoning map in order to preserve, protect, and promote the public health, safety and welfare. More specifically this chapter is intended to assist in achieving the following objectives:

(1)

To encourage the development of buildings and uses on appropriate sites in order to maximize community-wide social and economic benefits while accommodating the particular needs of all residents, and to discourage development on inappropriate sites;

(2)

To protect and enhance the character and stability of sound existing residential, commercial and industrial areas, and to gradually eliminate nonconforming uses and structures;

(3)

To conserve and increase the value of taxable property throughout this municipality;

(4)

To ensure the provision of adequate light, air and privacy for the occupants of all buildings;

(5)

To protect property from damage caused by fire, flooding, poorly controlled stormwater runoff, and adverse soil and topographical conditions;

(6)

To provide adequate and well-designed parking and loading space for all buildings and uses, and to reduce vehicular congestion on the public streets and highways;

(7)

To guide the provision of water mains, and other utilities and services, and to reduce the initial costs and future maintenance of expenses thereof;

(8)

To insure and facilitate the preservation of sites, areas and structures of historical, architectural and aesthetic importance;

(9)

To provide for the efficient administration and fair enforcement of all the regulations set forth herein; and

(10)

To clearly and concisely explain the procedures for obtaining variances, special use permits, amendments, and the like.

(c)

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

However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, or any amendment hereto, and provided that construction was begun before the effective date hereof, or any amendment hereto, and completion is accomplished within one year of the adoption of these regulations, or any amendment hereto, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may, upon completion, be occupied for the use for which originally designated, subject thereafter to the provisions of section 118-2 of this chapter.

(d)

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

For the purpose of this chapter the following terms and words as used herein shall be and they are hereby defined as follows:

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 promulged thereunder.

Adult uses. See section 118-2(k).

Alley. A narrow public thoroughfare upon which abuts generally the rear of premises or upon which service entrances of buildings abut, and which is not generally used as a thoroughfare by pedestrians or vehicles, or which is not in excess of 20 feet in width at its intersection with a street.

Accessory use/accessory structure. See section 118-2(f).

Banner, flexible/temporary. A sign of lightweight fabric or similar material that is not permanently mounted to a pole or building and is meant to be used temporarily. National flags, state or municipal flags or the official flag of any institution or business shall not be considered banners.

Bed and breakfast establishment. An operator-occupied residence providing to the public overnight guest room accommodations and breakfast for a charge. Bed and breakfast establishments may not be hotels or motels.

Block. A block shall be deemed to be that property abutting on a street, or a side of such street, and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and the termination of said street.

Building. A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or personal property. When separated by division walls from the ground up without openings, each portion of such building shall be deemed a separate building.

Building area. The maximum projected area of a building and its accessory buildings excluding only steps, cornices and eaves. Porches and decks (open or closed) shall be considered part of the building area.

Cargo containers. A standardize, reusable vessel over 120 square feet in size that:

(a)

Was originally, specifically or formerly designed for or used in parking, shipping, movement, transportation or storage of freight, articles, goods, or commodities; or

(b)

Was designed for or capable of being mounted or moved on a rail car; or

(c)

Was designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.

Civic use. Unless otherwise specified civic uses are library, museums, community buildings, police station, fire station, township, city, county and state buildings.

Conditional Use. A use which is authorized in a particular zoning district only if the conditional use requirements of this chapter, including the requirements of section 118-18(h), are met.

Condominium. A type of ownership in which a building is divided into separate units which may be owned and sold by separate owners. There may be common areas owned by all owners.

Day care homes. A family home which receives more than three and up to eight children for less than 24 hours per day. The number counted includes the family's natural or adopted children.

Depth of lot. The mean distance between the front and rear property lines.

Depth of rear yard. The mean distance between the rear line of the building and the rear lot line.

Districts. Areas designated for specific uses. (See section 118-3 of this chapter).

Duplex. Two residential units in one building which share a common structural division without openings.

Family. One or more individuals, living, sleeping, cooking and eating on the premises as a single household unit.

Front yard. An open, unoccupied space between the front line of the building and the front property line separating the lot from the public street. The front line of the building shall be the line of the main wall next to and facing on a street, and including porches, open or closed and excluding only open steps.

Garage, commercial. 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.

Garage, private. A garage intended for and used mainly for storage of the private motor vehicles of the family residing upon the premises, except that not more than half of the space may be rented for the private vehicles of persons not residing on the premises, and provided that such garage shall not be used for more than one commercial vehicle per family residing upon the premises. And further provided that in "A-1," "A-2," and "B" residence districts no private garages shall have a capacity for more than four motor vehicles, of which not more than one shall be a commercial vehicle. (See section 118-2(f)(2) regarding size limitations).

Green space. The area of a lot consisting of landscaping material (i.e. trees, shrubs, hedges, ground covers and lawn grass). Detention basins are not part of the green space requirement.

Half story. An area immediately under a sloping roof which has the point of intersection of the top line of the rafter and the face of the walls not to exceed three feet above the top floor level, the floor area of which does not exceed two-thirds of the floor area immediately below it, and does not contain any independent apartments.

Height of buildings. The vertical distance measured from the established grade opposite the middle of the front of the building to the highest point of the roof for flat roofs; to the deck line for mansard roofs; and to the mean height level (between eaves and ridge) for gambrel, hip or gable roofs.

Hotel or motel. A building where lodging is provided for compensation to transient guests, other than a bed and breakfast establishment.

Junk or salvage yards. See section 118-2(i)(1).

Landscaping. See green space.

Lot. The land bounded by defined lines and occupied or to be occupied by a building and its accessory buildings and including the open spaces required under these regulations. A lot may or may not be the lot recorded as such.

Lot, corner. A lot located at two intersections or intercepting streets.

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

Lot, through. An interior lot having frontage on two streets.

Motel. (See Hotel).

Multifamily dwelling. A building containing two or more dwelling units.

Nonconforming use. A building or premises that does not conform with all the regulations applicable to the district in which such building or premises is located.

Planned unit development. A tract of land under single corporation, firm, individual, partnership or association ownership or control, tract is planned and developed as an integral unit for a number of dwelling units or for a number of uses pursuant to a plan commission approved site plan, which does not correspond in lot size, bulk or type of dwelling, density, lot coverage, or required open space to the regulations imposed by section 118-12 of this chapter.

Rear yard. An open space between the rear line of the building and the rear lot line for the full width of the lot and unoccupied except for accessory buildings.

Recycling collection facility. A business involving the collection of recyclable materials but not involving any manufacturing process.

Side yard. An open space between the side of a building and the side line of its lot, and extending from the front line of the lot to the rear line of the lot.

Single-family dwelling. A residential building containing not more than one dwelling unit entirely surrounded by open space.

Street. A thoroughfare used for public foot and vehicle traffic other than an alley as herein defined.

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

Townhouse. One dwelling unit of a building containing more than two dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by a common structural division without openings.

Zoning district map. The map incorporated herein by reference which designates zoning districts.

(Ord. of 9-17-2013, § 1; Ord. No. O57-2019, § 2, 12-3-2019; Ord. No. O28-2021, § 1, 5-18-2021)