A.

For the purpose of this title (Title 17) certain terms are defined as indicated in this chapter. These definitions and all other provisions of this title are subject to the following rules of interpretation:

1.

The present tense includes the past and future tenses and the future tense the present.

2.

The singular number includes the plural number and vice-versa.

3.

The word "shall" is mandatory.

4.

The masculine gender includes the feminine and neuter.

5.

All measured quantities shall be to the nearest integral unit of measure, and if a fraction is one-half or greater, the next highest integral unit shall be used.

6.

Any term not herein defined shall be as defined elsewhere in this code or, if not defined elsewhere in the code, as defined in Webster's New World Dictionary of the American Language — Second College Edition.

7.

Unlisted uses are prohibited by this title. The listing of a use as "prohibited" or "not permitted" in this title shall not be construed to permit unlisted uses by inference.

B.

Definitions.

Accessory Building. See "building, accessory."

Accessory Structure. See "structure, accessory."

Accessory Use. See "use, accessory."

"Adult-use cannabis business establishment" means an adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

"Adult-use cannabis craft growers" means a facility operated bean 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-to time, and regulations promulgated thereunder.

"Adult-use cannabis cultivation centers" means 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 facilities" 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 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 organizations" or "infusers" 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 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 organizations" or "processors" means 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 organizations" or "transporters" means 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" means a public or private right-of-way not constituting a street used for secondary vehicular access to property abutting on a street.

Alteration, Structural. See "structural alteration."

"Animal hospital" means an establishment that provides accommodations, facilities, and services over a continuous period of twenty-four hours or more for observation, diagnosis and care of two or more animals not owned by the operator, who are suffering from illness, injury, deformity or abnormality, or from any condition requiring obstetrical, medical or surgical services.

"Automobile laundry" means a permanent commercial facility where motor vehicles are washed—by hand, by mechanical devices or both—excluding temporary car washes organized for civic or charitable purposes.

"Automobile repair shop" means a premises primarily used for the commercial repair, rebuilding or reconditioning of motor vehicles, boats, trailers or parts thereof, wholly within enclosed buildings, including repairs that normally require vehicles being repaired to be stored on the premises overnight. Automobile repair shops include transmission shops, muffler shops, brake shops, rustproofing shops, auto glass shops and the likes.

"Automobile service station" means a facility or premises primarily used for retail sale of fuels or oils for automobiles, trucks or boats and which may include as a secondary activity retail sale of tires, batteries and similar accessories and the making of repairs to vehicles or parts thereof that do not normally require storing such vehicles on the premises overnight.

"Building" means any structure permanently affixed to the land and cited or used for the shelter, enclosure or protection of persons, animals or property.

"Building, accessory" means a building that is an accessory use.

"Building, completely enclosed" means a building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and by exterior walls having only windows and normal entrance or exit doors, or by party walls.

"Building, detached" means a principal building surrounded by open space.

"Building frontage" means the linear length of the front wall of a building, excluding walls that abut loading areas and service drives exclusively.

"Building height" means the vertical distance measured from the mean average ground level at the front building line of a principal or accessory building to the highest point of the underside of the ceiling beams in the case of a flat roof, to the deck line of a mansard roof, or between the eaves and the ridge of a gable, hip or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in calculating building height.

"Building line" means the line parallel or nearly parallel to a lot line that separates all parts of a building from the open space adjacent thereto on the same lot.

"Building, principal" means a nonaccessory building in which is conducted the principal use of the lot on which it is located.

"Building, residential" means a building designed for residential occupancy.

"Building, temporary" means a building that is established for a period of less than one year and is removed within that time period.

Car Wash. See "automobile laundry."

"Clinic" means a place for the care, diagnosis and treatment of persons needing medical, dental or surgical attention but where in-patient care is not provided.

"Club, health" means any establishment providing physical culture or health services, including health clubs, racquetball or tennis clubs, reducing salons, tanning salons or massage salons.

Conditional Public Use. See "use, conditional public."

Conditional Use. See "use, conditional."

Conditional Use Permit. See "permit, conditional use."

Corner Lot. See "lot, corner."

Corner Side Yard. See "yard, corner side."

Crematorium. See "mortuary."

"Day care center, child" means a facility that receives more than eight children during any twenty-four hour period for daytime care and that provides personal care, protection, supervision, training and other programs. Child day care centers exclude:

1.

Kindergartens and other programs run by public or private schools or churches;

2.

Centers conducted on federal, state or local government premises;

3.

Facilities operated in connection with a shopping center or other facilities where children are cared for while their parents or custodians are in vicinity and readily available;

4.

Special activities conducted periodically by civic, charitable and government organizations.

Dog Kennel. See "kennel."

"Drive-in establishment" means an establishment at which patrons may be served without leaving their motor vehicle. Any restaurant, bank, dry cleaning establishment, or other business having drive-up or curb service shall be considered a drive-in establishment.

Drive-in Restaurant. See "restaurant, drive-in."

"Dwelling" means a building or portion thereof designed or used as a residence, excluding boarding or lodging houses, nursing homes, motels, hotels, tourist homes, cabins, tents and recreational vehicles.

"Dwelling, single-family detached" means a single-family dwelling separated from other dwelling units by open space.

"Dwelling unit" means space within a building designed or used exclusively as living quarters for one family, its household employees and not more than two boarders or roomers, and which includes cooking, bathing and toilet facilities.

"Easement" means a right possessed by one party to use the land or air above the land belonging to another party for a special purpose or purposes.

Educational Institution. See "institution, educational."

"Family" means one or more persons each related to the other by blood, marriage, or adoption (including foster children), living together in a single dwelling unit and maintaining a common household and a single housekeeping unit; or a group of not more than three persons, who are not related by blood, marriage, or legal adoption living together in a single dwelling unit and maintaining a common household and a single housekeeping unit; in either case, exclusive of any domestic servants and exclusive of not more than one gratuitous guest, which are not included in this definition.

"Floor area" means the gross horizontal area of space contained on all floors measured in square feet from the exterior faces of the exterior walls of each building, or from the center line of party walls separating two buildings. "Floor area" includes space in accessory buildings; all cellar, basement and attic space; and space for stairs, elevators, maintenance areas and equipment areas except as provided in the definitions in this section of "floor area, gross" and "floor area, net." For structures devoted to bulk storage of materials, every ten feet of building height shall be considered as one floor for purposes of calculating floor area.

"Floor area, gross" means a measure of floor area, as defined in this section, used for purposes of calculating floor area ratio, conversions of existing structures, and maximum size of business establishments. Gross floor area is floor area excluding only:

1.

Areas devoted to off-street parking or off-street loading, including aisles, ramps and maneuvering space;

2.

Attic or half-story space having head-room of seven feet or less;

3.

Exterior balconies and open porches;

4.

Space on the roof used for mechanical equipment;

5.

Basements where half or more of the ceiling height is below grade.

"Floor area, net" means a measure of floor area as defined in this section used for purposes of calculating off-street parking and off-street loading requirements. Net floor area is floor area excluding only:

1.

Areas devoted to off-street parking or off-street loading, including aisles, ramps and maneuvering space;

2.

Areas devoted primarily to storage and not located within selling or working spaces except for facilities such as warehouses where the principal use is storage;

3.

Basement of cellar areas not devoted to retailing activities, offices or production or processing of goods;

4.

Elevator shafts and stairwells;

5.

Maintenance shafts and rooms;

6.

Washrooms;

7.

Display windows;

8.

Fitting rooms.

For ease of administration, "net floor area" may also be calculated as eighty-five percent of "gross floor area."

"Floor area ratio" means the total floor area, as defined in this section of all buildings on a lot divided by the area of the lot.

"Frontage" means the length of any street line.

Frontage, Building. See "building frontage."

Front Setback. See "yard, front."

Funeral Home. See "mortuary."

"Game room" means any premises where there are available to the public more than four coin-operated or token-operated amusement devices, excluding vending machines that do not incorporate gaming or amusement features and excluding coin-operated musical devices.

"Garage" means a structure or part thereof used or designed to be used primarily for the enclosed parking or storage of motor vehicles, boats or trailers, but excluding exhibition areas, showrooms or other facilities for display of such vehicles in shows or exhibits or in connection with their being offered for sale, rent or lease.

"Garage, public" means any building or premises, other than a wrecking yard as defined herein, where more than one motor vehicle is stored for compensation.

"Garage, storage" means a building or premises used only for the housing of motor vehicles pursuant to previous arrangements and not by transients, and where no equipment or parts are sold and vehicles are not rebuilt, serviced, repaired, hired or sold, except that fuel, grease or oil may be dispensed within the building to vehicles stored therein.

"Group Home" means a halfway house or similar nonhospital residential facility housing more than three persons not related by blood, marriage or adoption to the owner who need psychological rehabilitation and who are provided twenty-four hour professional supervision while on the premises.

Height, Building. See "building height."

"Hospital" means an establishment that provides accommodations, facilities and services over a continuous period of twenty-four hours or more for observation, diagnosis and care of two or more individuals not related by blood, marriage or adoption to the operator, who are suffering from illness, injury, deformity or abnormally, or from any condition requiring obstetrical, medical or surgical services.

"Hotel" means a building containing lodging rooms, a general kitchen and dining room, a common entrance lobby, halls and stairways; and where each lodging room does not have a doorway opening directly to the outdoors except for emergencies; and where more than fifty percent of the lodging rooms are for rent to the transient guests for a continuous period of less than thirty days.

"Institution, educational" means a public or private school, college, university, seminary, museum, library or similar educational or cultural establishment.

"Institution, philanthropic and charitable" means an office or meeting hall used exclusively by a state or federally recognized nonprofit service organization.

"Institution, recreational" means a public or private facility for group recreational or social activity, including private clubs, lodges, recreation buildings and community centers.

"Institution, religious" means a church, synagogue, temple, convent, monastery or other premises devoted to religious or church-connected activities excluding farming, banking, permanent retail sales, or non-secular education or schools intended to substitute for public or private elementary or secondary education. The parent organization of any religious institution must have state and federally recognized nonprofit status.

"Kennel" means any lot or premises on which four or more animals commonly used as household pets that are more than four months of age are bred, groomed, boarded, trained, placed or sold for commercial or humane purposes and which offers provisions for minor medical treatment, including animal shelters.

"Line, street" means the dividing line between a lot, tract or parcel of land and the right-of-way of a contiguous existing or dedicated street.

"Lot" means a parcel of land under the same ownership or control (whether legally so described or subdivided as one or more contiguous parcels or parts of parcels) located within a single block, occupied by or suitable for occupancy by one principal building.

"Lot area" means the area of a lot within its front, rear and side lot lines.

"Lot, corner" means a lot located at the intersection of two or more streets, or a lot located at the point where the alignment of a single street curves or changes; provided that an interior angle of not more than one hundred thirty-five degrees is created by the right-of-way lines of the abutting street or streets or, in the case of a curving right-of-way, by straight lines projected tangent to the curve from the points of intersection between the curve and the lot lines.

"Lot depth" means the mean average of the lengths of the side lot lines on either side of a lot.

"Lot line" means a property boundary line of any lot, except that where any portion of a lot extends into an abutting street or alley the lot line shall be deemed to be established at the existing street or alley right-of-way line.

"Lot line, corner side" means any street line that is not a front lot line.

"Lot width" means the width of a lot at the setback line established by the applicable front yard requirement of this title.

"Manufactured home" means a detached single-family dwelling unit designed and used exclusively for residential occupancy with plumbing and electrical connections for attachment to outside systems but designed to be transported after fabrication on its own wheels or on flatbed trailers and to be ready for occupancy at its site except for minor and incidental unpacking, assembly and connection operations.

"Medical cannabis dispensing facilities" 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. Also includes dispensing organization or dispensary organization, or dispensary.

"Medical cannabis cultivation center" means a 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, per the Compassionate Use of Medical Cannabis Program Act (P.A. 98-122), as it may be amended from time-to-time, and regulations promulgated thereunder.

"Mental health center" means any institution providing in-patient or out-patient care or therapy for the mentally ill, developmentally disabled, alcoholics, abusers of controlled substances or others needing psychological therapy but which does not serve as a resident for such individuals.

Mobile Home. See "manufactured home."

"Mortuary" means an undertaking establishment or funeral parlor which may include a single residence as an accessory use.

"Motel" means a building containing lodging rooms each of which has an individual adjoining bathroom that is designed primarily for transient automobile travelers with a parking space on the lot for each lodging unit and where more than fifty percent of the lodging rooms are for rent for a continuous period of less than thirty days.

"Motor vehicle" means any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public streets.

"Multi-use designation." This designation allows for the integration of multiple types of principal uses that are allowed either as a permitted or conditional use within the underlying zoning district and within a single building.

Net Floor Area. See "floor area, net."

Net Lot Area. See "lot area."

"Nonconformity" means any characteristic of a use, building, structure or lot that was lawful prior to the effective date of the ordinance codified in this chapter or any amendment thereto but which does not conform to all of the requirements of the zoning district in which the property is situated.

"Nonconformity, activities" means any activity or function lawfully carried on at the premises at the time of enacted of this chapter or any amendment thereto but that is not thereafter allowed by the permitted and conditional uses of the zoning district in which the premises are located.

"Nonconformity, design" means the design or intended use of all or substantially all of a premises for any use not allowed by the permitted and conditional uses of the zoning district in which it is located, irrespective of the nature of the activities carried on at the premises.

"Nonconformity, standards" means any nonconformity other than an activities or design nonconformity.

"Nursing home" means an establishment providing full-time convalescent or chronic care or both for three or more individuals not related by blood, adoption or marriage to the operator and which does not provide care for surgical or medical cases commonly treated in hospitals.

Off-street Parking Space. See "parking space, off-street."

"Open sales lot" means open land that is used or occupied for the purpose of buying and selling merchandise, passenger cars, trucks, motor scooters, motorcycles, boats, nursery plants or supplies, or monuments, or for the storing of same prior to sale thereupon, and that is provided with a permanent, durable and dustless surface and is drained to dispose of all surface water.

"Open space" means uncovered area open to the sky on the same lot with a building.

"Parking space depth" means the longer of the two dimensions of a rectangular parking space. In the case of a space that is not rectangular, the depth shall be the length of the largest imaginary rectangle that can fit within the space.

"Parking space, off-street" means an area outside of any public street or alley right-of-way that is adequate for parking an automobile with room for opening doors on both sides together with maneuvering room and properly related access to a public street or alley.

"Permit, conditional use" means a permit required for the use of land, water or building as a conditional use received only after approval by the city council of an application for a conditional use.

Permitted Use. See "use, permitted."

Permitted Public Use. See "use, permitted, public."

Philanthropic and Charitable Institution. See "institution, philanthropic and charitable."

"Planned unit development" means a tract of land of one acre or more, which is developed as a unit initially under the same ownership or unified control; which is developed with two or more principal use buildings as an integral unit based on a plan that allows for more flexible standards than would normally apply in order to provide a higher quality of design and amenity than would otherwise be possible under the strict district standards.

"Plat of survey, current" means a plat prepared by a licensed surveyor containing the legal description of the premises thereon and showing:

1.

The boundary lines of the property;

2.

The locations of all improvements and monuments thereupon;

3.

All encroachments;

4.

The boundaries of all existing streets, easements, rights-of-way and areas dedicated to the public use within two hundred feet of the property as all of the foregoing exist as of the date of filing.

"Premises" means any improved or unimproved property.

Principal Building. See "building, principal."

Principal Use. See "use, principal."

Rear Yard. See "yard, rear."

Recreational Institution. See "institution, recreational."

"Recreational vehicle" means a vehicular-type unit primarily designed as temporary living quarters in conjunction with recreation, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle, including travel trailers, fifth wheel travel trailers, camping trailers, truck campers, boats on or off trailer, motor homes or any other vehicle with state R.V., R.T. or T.A. license plates.

Religious Institution. See "institution, religious."

"Research laboratory" means a building or buildings housing facilities for scientific research, investigation, testing or experimentation but not primarily housing facilities for the manufacture, sale or storage of products.

Residential Building. See "building, residential."

"Restaurant, drive-in" means a building that is a drive-in establishment in this section.

Rest Home. See "nursing home."

"Right-of-way" means a strip of land used for passage of motor vehicles, railroads or pedestrians or for the location of utility or communication lines. An access easement shall not be considered a right-of-way.

"Right-of-way, public" means a right-of-way as defined in this section dedicated to or owned by a public body and available for use by the general public. In the case of public streets, the right-of-way normally includes the curbs, lawn strips and lighting and drainage facilities.

"Roominghouse" means a building or part thereof that is not a hotel or motel and that provides lodging rooms for compensation to three or more persons who are not members of the keeper's family.

Setback. See "yard."

Setback, Front. See "yard, front."

"Shopping center" means a group of two or more retail or service commercial uses characterized by any one or more of the following:

1.

Uses are designed as a single commercial group within a common building, whether or not located on the same lot;

2.

Contiguous uses occupy premises that are under common ownerships or management;

3.

Uses are connected by party walls, partitions, canopies or other structural members to form one continuous structure;

4.

Uses share a common parking area;

5.

Uses otherwise present the appearance of a single contiguous commercial development.

Side Yard. See "yard, side."

Single-family Detached Dwelling. See "dwelling, single-family detached."

Storage Garage. See "garage, storage."

"Story" means that portion of a building included between the top surface of any floor and the top surface of the floor next above, or, if there is no floor above, the ceiling next above.

"Street" means a public or private right-of-way as defined in this section that affords a primary means of motor vehicle access to abutting property and/or provide for the movement of traffic.

Street Line. See "line, street."

"Structural alteration" means any change, other than incidental repairs, in the supporting members of a building or structure such as bearing walls, columns, beams or girders, or any substantial change in the roof or exterior walls.

"Structure" means anything erected the use of which requires more or less permanent location on the ground or attachment to something having such a location. An outdoor advertising sign or business sign or other advertising device, if detached or projecting, shall be considered a separate structure. Structures shall also include buildings, manufactured homes, walls and fences.

"Structure, accessory" means a structure that is an accessory use as defined in this section.

"Structure, temporary" means a structure that is established for a period of less than one year and is removed within that period.

Temporary Building. See "building temporary."

Temporary Structure. See "structure, temporary."

Temporary use. See "use, temporary."

"Trailer" means any portable structure or vehicle designed for highway travel and used on short-term or interim basis for living, sleeping or commercial purposes.

Unit. See "dwelling unit."

"Use" means the purpose or activity for which land or structures thereon are designed, arranged or intended or for which they are occupied or maintained.

"Use, accessory" means a subordinate land use located on the same lot or parcel as a principal use (except for such off-street parking or off-street loading facilities as may be permitted to be located on a separate lot) and serving a purpose customarily incidental to that of the principal use.

"Use, conditional" means a special use as provided by state statute that because of its special character cannot be allowable generally in a particular zoning district but which may be allowed under special conditions and which is therefore subject to the prior approval of a conditional use permit.

"Use, conditional public" means the use of property other than as permitted public uses as defined in this section by a public utility, railroad or governmental body for the provision of public utilities or services, including sewerage, water supply, electricity, gas, public safety, government administration, transportation and communications. "Conditional public uses" shall include power plants or substations; water or sewage treatment plants, reservoirs or pumping stations; railroad and utility buildings; police and fire stations, municipal buildings and local government offices; and public transportation facilities, including shelters, garages, terminals, parking and turnaround areas, and service buildings.

"Use, permitted" means a use allowable generally within a zoning district without a conditional use permit.

"Uses, permitted public" means poles, towers, tunnels, conduits, wires, cables, vaults, laterals, pipes, drains, mains, valves, hydrants and similar distribution equipment for public services or utilities; fire alarms and police call boxes; traffic signals; and pay telephones.

"Use, principal" means the main use of a parcel as distinct from accessory use.

"Use, temporary" means a principal or accessory use that is established for a period of less than one year and is discontinued within that time period.

"Vehicle, commercial" means a motorized vehicle other than a passenger car, passenger van or recreational vehicle used by a household for noncommercial personal or family transportation, for recreation, or for van pooling or ride sharing use. Commercial vehicles include commercial trucks, buses, buses used as recreational vehicles, commercial vans, tractors, semitrailers, motorized farm vehicles, and earth-moving equipment.

"Yard" means an open space on a lot other than a court that is required to remain unoccupied and unobstructed above ground by any structure or part or projection thereof from its lowest level to the sky, except as otherwise permitted in this title. Yard requirements are as measured horizontally irrespective of the slope of the land.

"Yard, corner side" means a yard extending between a corner side lot line and a line drawn parallel thereto at a distance therefrom equal to that established by the corner side yard requirements of this title and also extending the full depth of the lot but excluding any area included in a front yard.

"Yard, front" means a yard extending the full width of a lot between the front lot line as defined in this section and a line drawn parallel thereto at a distance therefrom equal to that established by the front yard requirements of this title.

"Yard, interior side" means a yard extending between an interior side lot line and a line drawn parallel thereto at distance therefrom equal to that established by the interior side yard requirements of this title and also extending the full depth of the lot but excluding any area included in a front or rear yard.

"Yard, rear" means a yard extending the full width of a lot between the rear lot line and a line draw parallel thereto at a distance therefrom equal to that established by this title but excluding any area included in a corner side yard. In manufactured housing communities existing on or before January 1, 1993, and containing un-subdivided sites for placement of manufactured homes, the term "rear yard" shall mean the amount of open space, expressed in feet, between manufactured homes which face each other at the rear of such homes, or a minimum of ten feet of open space between the rear of such home and the property line.

(Ord. No. 89-ZO-1 § 2(part), 1989; amended by Ord. No. 90-ZO-01, 10-04-90; Ord. No. 2019-ZO-2, § 5, 3-7-2019)

(Ord. No. 2022-ZO-01, §§ V, VIII, 1-20-2022)

ZONING AMENDMENTS