Peotone City Zoning Code
GENERAL PROVISIONS
§ 157.001 TITLE.
This chapter shall be known, cited and referred to as the Peotone Zoning Ordinance.
(Ord. 77-08, passed 6-28-77)
§ 157.002 INTENT AND PURPOSE.
This chapter is adopted for the following purposes:
(A) To promote and protect the public health, safety, morals, comfort and general welfare of the people.
(B) To divide the village into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business, manufacturing and other specified uses.
(C) To protect the character and the stability of the residential, business and manufacturing areas within the village and to promote the orderly and beneficial development of such areas.
(D) To provide adequate light, air, privacy and convenience of access to property.
(E) To prevent additions to or alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder.
(F) To limit congestion in the public streets and protect the public health, safety, convenience and general welfare by providing for off-street parking of motor vehicles and the loading and unloading of commercial vehicles.
(G) To protect against fire, explosion, noxious fumes and other hazards in the interest of public health, safety, comfort and general welfare.
(H) To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them.
(I) To conserve the taxable value of land and buildings throughout the village.
(J) To provide for the gradual elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district.
(K) To define and limit the powers and duties of the administrative officers and bodies as provided herein.
(L) To prescribe the penalties for the violation of the provisions of this chapter or any amendments thereto.
(M) Protecting the air, water and land resources of the village from the hazards of pollution.
(N) Protecting land and buildings and the lawful uses of land and buildings from natural hazards including flooding and erosion.
(O) Encouraging the construction and maintenance of a full range of housing opportunities so as to enable all persons working within the jurisdiction to reside therein.
(Ord. 77-08, passed 6-28-77)
§ 157.003 RULES OF CONSTRUCTION.
In the construction of this chapter the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise:
(A) Words used in the present tense shall include the future;
(B) Words in the singular number include the plural number, and words in the plural number include the singular number;
(C) The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
(D) The word "shall" is mandatory.
(E) The word "may" is permissive.
(Ord. 77-08, passed 6-28-77)
§ 157.004 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. An action to give up one's rights or interest in property.
ABUTTING. To have a common property line or district line.
ACCESSORY BUILDING or USE.
(1) An "accessory building or use" is one which:
(a) Is subordinate to and serves a principal building or principal use;
(b) Is subordinate in area, extent or purpose to the principal building or principal use served;
(c) Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and
(d) 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 on the same zoning lot with the building or use served.
(2) An "accessory use" includes, but is not limited to, the following:
(a) A children's playhouse, garden house and private greenhouse;
(b) A shed, garage, or building for domestic storage;
(c) Incinerators incidental to residential use;
(d) Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations;
(e) Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities unless such storage is excluded by the district regulations;
(f) A non-paying guest house or rooms for guests within an "accessory building" provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not for permanent occupancy by others as housekeeping units;
(g) Servant's quarters comprising part of an accessory garage and solely for occupancy by a servant or household employee (and his or her family) of the occupants of the principal dwelling;
(h) Swimming pool, private for use by the occupant and his guests;
(i) Off-street motor car parking areas, and loading and unloading facilities;
(j) Signs (other than advertising signs) as permitted and regulated in each district incorporated herein;
(k) Carports;
(l) Public utility facilities -- telephone, electric, gas, water and sewer lines, their supports and incidental equipment.
ACREAGE. Any tract or parcel of land having an area of one acre or more which has not heretofore been subdivided or platted.
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT. An adult-use cannabis craft grower, cultivation center, dispensing organization, infuser organization, processing organization, or transporting organization, per the Cannabis Regulation and Tax Act.
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.
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.
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.
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.
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.
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.
AGRICULTURE. All the processes of planting, growing, harvesting of crops in the open and the raising and feeding of livestock and poultry; including farming, farm buildings, and farm dwellings, truck gardens, flower gardens, apiaries, aviaries, mushroom growing, nurseries, orchards, forestry, dairying, greenhouses and commercial vegetables.
ALLEY. A public way, not more than 30 feet wide, which affords only a secondary means of access to abutting property. A street shall not be considered an alley.
ALTERATION, STRUCTURAL. Any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
ANIMAL HOSPITAL. Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.
APARTMENT. A room or suite of rooms in a multiple-family structure which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities (sink, stove, refrigerator and storage facilities), permanently installed, must always be included for each apartment.
APARTMENT HOTEL. See HOTEL, APARTMENT.
AUDITORIUM. A room, hall or building made a part of a church, theatre, school, recreation building or other building assigned to the gathering of people as an audience to hear lectures, plays and other presentations.
AUTOMOBILE LAUNDRY (AUTOMATIC). 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 LAUNDRY (SELF-SERVICE). A building or portion thereof containing facilities for washing more than two automobiles, using self-service mechanical devices.
AUTOMOBILE REPAIR, MAJOR. Engine rebuilding or major reconditioning, worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair, and painting of vehicles.
AUTOMOBILE REPAIR, MINOR. Incidental repair, replacement of parts and motor service to automobiles, but not including any operation specified under "Automobile Repair, Major."
AUTOMOBILE SERVICE STATION. A place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease for operation of automobiles are offered for sale directly to the public, on the premises, and including minor accessories and the servicing of automobiles, but not including major automobile repairs; and including the washing of automobiles where no mechanical devices are employed. When the dispensing, sale or offering for sale of motor fuels or oils is incidental to the conduct of a public garage, the premises shall be classified as a public garage. Automobile service stations shall not include sale or storage of automobiles or trailers (new or used).
AUTOMOBILE and TRAILER SALES AREA. An open area, other than a street used for the display or sale of new or used automobiles or trailers, and where no repair work is done except for minor incidental repair of automobiles or trailers to be displayed and sold on the premises.
AUTOMOBILE WRECKING YARD. Any place where three 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 parts thereof and including the commercial salvaging of any other goods, articles or merchandise.
AWNING. A rooflike cover, temporary in nature, which projects from the wall of a building or overhangs the public way.
BANKS and FINANCIAL INSTITUTIONS. Commercial banks, currency exchanges, saving and loan associations, brokerage offices and other similar financial institutions, but not including loan offices, finance companies and pawn shops.
BASEMENT. A story partly or wholly underground. Where more than one-half of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established, a basement shall be counted as a story for the purposes of height measurement.
BEDROOM. Any room other than a living room, dining room, kitchen, bathroom or utility room for the purpose of this chapter, shall be considered a bedroom.
BILLBOARD. Any structure or portion thereof upon which are signs or advertisements used as an outdoor display. This definition does not include bulletin boards used to announce church services or to display court or other public office notices, or signs offering the sale or lease of the premises on which the sign is located.
BLOCK. A tract of land bounded by streets, or in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines of waterways or corporate boundary lines of municipalities.
BOARDING HOUSE. A building other than a hotel or restaurant where meals are provided for compensation to three but not more than 12 persons, who are not members of the keeper's family.
BORROW PIT. Any place or premises where dirt, soil, gravel or other material is removed by excavation or otherwise below the grade of surrounding land for any purpose other than the necessary and incidental to grading or to building construction or operation on the premises.
BUILDABLE AREA. The space remaining on a zoning lot after the minimum open space requirements have been complied with.
BUILDING.
(1) Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure or protection of persons, animals or chattels.
(2) Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers and other similar structures are not considered as buildings.
BUILDING, COMPLETELY ENCLOSED. A building separated on all sides from the adjacent open space or from other buildings or other structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.
BUILDING, DETACHED. A building surrounded by open space on the same zoning lot.
BUILDING HEIGHT. The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest elevation of the roof in the case of a slant or flat roof; to the deck line of a mansard roof; and to the 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.
BUILDING LINE. The line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.
BUILDING, NONCONFORMING. Any building which does not conform to the regulations herein prescribing the required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which the building is located.
BUILDING PERMIT. A permit by the Building Official of the village for the construction, alteration, removal or demolition of a building or structure within the village.
BUILDING PRINCIPAL. A nonaccessory building in which the principal use of the zoning lot on which it is located is conducted.
BUILDING SETBACK LINE. A line parallel to the street line at a distance from it, regulated by the front yard requirements set up herein.
BUILDING, TEMPORARY. Any building not designed to be permanently located in the place where it is or where it is intended to be placed or affixed.
BULK. The term used to indicate the size and setbacks of buildings or structures and location of same 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) All open spaces allocated to the building;
(4) Amount of lot area per dwelling unit;
(5) Required parking areas.
BUS LOTS. Any lot or land area used for the storage or layover of passenger buses or motor coaches.
BUSINESS and PROFESSIONAL OFFICE. The office of an engineer, doctor, dentist, attorney, real estate broker, insurance broker, architect, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing or administration.
CANNABIS REGULATION AND TAX ACT. The Cannabis Regulation and Tax Act, (P.A. 101-0027), as amended from time-to-time, and regulations promulgated thereunder.
CARPORT. A roofed-over area attached and/or detached to the principal building for vehicle storage, which may be open on three sides if attached or four sides if detached.
CELLAR. 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.
CLINIC or MEDICAL HEALTH CENTER. A medical center or medical clinic is an establishment where three or more licensed doctors of medicine engage in the practice of medicine, operating on a group or individual basis, with pooled facilities such as coordinated laboratory, x-ray and allied departments, for the diagnosis and treatment of humans, which need not but may include a drug prescription counter (not a drug store) for the dispensing of drugs and pharmaceutical products to the patients of the said organization. In addition to the above, the medical center or medical clinic may include the space for the practice of dentistry.
CLUB or LODGE, PRIVATE. A non-profit association of persons who are bona fide members paying dues, which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests.
CLUSTER SUBDIVISION. A land subdivision with a majority of the individual building sites abutting directly on parks or other common open space.
CONFORMING BUILDING or STRUCTURE. Any building or structure which: complies with all the regulations of this chapter or of any amendment thereof governing bulk of the district in which said building or structure is located; or is designed or intended for a permitted use or conditioned permitted use as herein allowed in the district in which it is located.
COURT, OUTER. An open unoccupied space opening onto a street, alley, or yard.
CURB LEVEL. 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 of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the "curb level."
DAY CARE CENTER. A "day care center" is 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 nurseries, kindergartens and play groups, but does not include bona fide kindergartens or nursery schools operated by public or private elementary or secondary school systems.
DAY NURSERY. A building or portion thereof used for the daytime care of pre-school children.
DECIBEL. A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in "decibels."
DISTRICT. The area into which the village has been divided for which uniform regulations governing the use, size and intensity of land and buildings and open space about buildings is established.
DRIVEWAY. A private road connecting a house, garage, or other building with the street.
DWELLING. A building or portion thereof, but not including 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, motels, boarding or lodging houses.
DWELLING UNIT. One or more rooms, in a residential structure, which are arranged, designed, used or intended to be used by one family, plus not more than four lodgers for living or sleeping purposes, and which includes complete kitchen facilities permanently installed.
DWELLING, ATTACHED. A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
DWELLING, DETACHED. A dwelling which is entirely surrounded by open space and is not connected to any other dwelling unit by roof, walls or porches on the same lot.
DWELLING, ONE-FAMILY. A dwelling unit designed exclusively for use and occupancy by one family.
DWELLING, TWO-FAMILY. A building designed or altered to provide dwelling units for occupancy by two families.
DWELLING, MULTIPLE FAMILY. A building or portion thereof, designed or altered for occupancy by three or more families living independently of each other.
DWELLING GROUP. Two or more one-family, two-family, or multiple-family dwellings or boarding or lodging houses, located on one zoning lot but not including tourist courts or motels.
DWELLING, ROW (PARTY WALL). A row of two to eight attached one-family party-wall dwelling, not more than two and one-half stories in height nor more than two rooms in depth, measured from the building line.
DWELLING, SEMI-DETACHED. A dwelling joined to one other dwelling by a party wall, or vertical cavity wall, and above ground physically unifying horizontal structural elements.
EDUCATIONAL INSTITUTION. Public, parochial, charitable or non-profit 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. A dwelling unit consisting of one principal room for living, sleeping, and eating plus facilities for cooking and a complete bath and toilet facilities.
ESTABLISHMENT, BUSINESS. A building, structure, or land used in whole or in part as a place of business, the ownership, or management of which is separate and distinct from the ownership or management of any other place of business located on the same or other lot.
FAMILY. One or more persons related by blood, marriage or adoption, or a group of not more than five persons (excluding servants) who need not be related by blood, marriage or adoption, living together and maintaining a common household but not including sororities, fraternities or other similar organizations, or a group of not more than eight unrelated persons living together as a single housekeeping unit in a family care facility as defined herein, or a group of nine to 15 unrelated persons living together as a single housekeeping unit in a group care facility as defined herein.
FAMILY CARE FACILITY. A state-licensed or certified non-medical facility for housing no more than eight unrelated persons who, due to advanced age, handicap, pregnancy, or status as a minor unable to live with parents or guardian, require assistance and/or supervision, and who reside together as a single housekeeping unit, plus paid professional support staff provided by a sponsoring agency. Excluded from the definition of FAMILY CARE FACILITIES are homes in which non- handicapped residents include person convicted by a court of competent jurisdiction of the manufacture or distribution of controlled substances (as defined by the United States Code and/or the Illinois Compiled Statutes) or persons convicted by a court of competent jurisdiction of any of the offenses listed in § 10-21.9(c)(i) of the Illinois School Code
(ILCS Ch. 105, Act 5, § 10-21.9(c)(i)) or any offense committed or attempted in any other state that if committed or attempted in Illinois would have been punishable as one or more of those offenses or currently illegally using, or addicted to, controlled substances, and homes where resident tenancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others.
FREE BURNING. The rate of combustion of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.
FREEWAY. A major highway having no intersections at grade and having fully controlled access, hence "free" from conflicts and interruptions.
FREQUENCY. The number of oscillations per second in a sound wave measuring the pitch of the resulting sound.
FRONTAGE. All the property fronting on one side of a street between the nearest intersecting streets or between a street and a right-of-way, waterways or other similar barrier.
GARAGE, BUS. Any building used or intended to be used for the storage of three or more passenger motor buses or motor coaches used in public transportation including school buses.
GARAGE, PRIVATE. Any accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident on the premises, and in which no business, service or industry connected directly or directly with the automobile vehicles is carried on; provided that not more than one-half of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of one or two-car capacity may be so rested. Such a garage shall not be used for more than two commercial vehicles and the load capacity of such vehicles shall not exceed two and one-half tons.
GARAGE, PUBLIC. A building other than a private garage used for the care, incidental serving and sale of automobile supplies or where motor vehicles are parked or stored for enumeration, hire or sale within the structure but not including trucks, tractors, truck trailers and commercial vehicles exceeding one and one-half tons capacity.
GARAGE, STORAGE. A building or portion thereof designed or used exclusively for storage of motor vehicles, and in which fuels and oils are not sold, except as herein regulated, and motor vehicles are not equipped, repaired, hired, or sold.
GARAGE, BUS or TRUCK. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding one and one-half tons capacity.
GOLF COURSE. Public, semi-public, or private grounds over which the time of golf is played, including accessory buildings and land uses incidental thereto, and consisting of at least 50 acres for each standard nine-hole course and 25 acres for each nine-hole "par 3" course.
GRADE, STREET. The elevation of the established street in front of the building measured at the center of such front. Where no street grade has been established, the Village Engineer shall establish such street grade or its equivalent for the purposes of this section.
GROSS DENSITY. The ratio between total number of dwelling units on a lot and total lot area in acres.
GROSS FLOOR AREA (For the purpose of determining requirements for off-street parking and off-street loading.) The floor area shall mean the sum of the gross horizontal area of the several floors of the buildings or portion thereof, devoted to such use, including accessory storage areas located within selling or working space, such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area for the purpose of measurement of off-street parking spaces shall not include floor area devoted primarily to storage purposes. The following areas shall not be included for the purpose of measurement of off-street parking spaces:
(1) Floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space;
(2) Basement floor area other than area devoted to retailing or service activities or the production or processing of goods, or to business or professional offices.
GROUND FLOOR AREA. The lot area covered by a principal building measured at grade from the exterior walls but excluding open porches or terraces, garages or carports.
GROUP CARE FACILITY. A residential facility meeting the definition of a family care facility except that the facility houses nine to 15 persons plus staff.
HANDICAPPED PERSON. A person who is handicapped pursuant to the provisions of the Fair Housing Act of 1988 or the Illinois Human Rights Act, and any subsequent amendments thereof.
HOSPITAL or SANITARIUM. 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 three or more non-related individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions.
HOTEL, APARTMENT. A hotel in which at least 90% of the hotel accommodations are for occupancy by the 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.
HOTEL, MOTEL, INN or AUTO COURT. An establishment containing lodging accommodations designed for use by transients or travelers or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service, meeting rooms, restaurants, including the sale of alcoholic beverages.
HOUSEHOLDER. The occupant of a dwelling unit who is either the owner or lessee thereof.
INTENSE BURNING. The rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.
JUNK YARD. An open area 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. Any lot or premises or portion thereof on which more than two dogs are kept over four months of age, or where more than four cats or other domestic animals are kept, or where any dog or other domestic animals are boarded for compensation or kept for sale.
LABORATORY, COMMERCIAL. A place devoted to experimental study such as testing and analyzing. Manufacturing, assembly or packaging of products is not included within this definition.
LAUNDERETTE. A business that provides coin operated self-service type washing, drying, dry- cleaning, and ironing facilities, providing that not more than four persons, including owners, are employed on the premises, and no pick-up or delivery service is maintained.
LOADING and UNLOADING SPACE or BERTH, OFF-STREET. An open, hard-surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys. Such space shall not be less than ten feet in width, 25 feet in length, and 14 feet in height, exclusive of access aisles and maneuvering space.
LODGING or ROOMING HOUSE. A building with not more than five guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open on a daily, overnight or per meal basis to transient guests.
LOT. Parcel of land legally described as a distinct portion or piece of land of record.
LOT AREA. The area of a horizontal plane bounded by vertical planes containing the front, side and rear lot lines. (See Zoning Lot)
LOT OF RECORD. An area designated as a lot on a plat of subdivision recorded or registered pursuant to statute.
LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 130 degrees or less.
LOT COVERAGE. The part or percent of the lot occupied by buildings or structures including accessory buildings or structures.
LOT DEPTH. The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries.
LOT FRONTAGE. The front of a lot shall be that boundary of a lot along a public street; for a corner lot the owner may elect either street line as the front lot line.
LOT LINE. A property boundary line of any lot held in single or separate ownership except that where any portion of the lot extends to the abutting street or alley, the lot line shall be deemed to be the street or alley line.
LOT, INTERIOR. A lot other than a corner or reversed corner lot.
LOT LINE, FRONT. The front property line of a zoning lot.
LOT LINE, INTERIOR. A lot line which does not abut a street right-of-way line.
LOT LINE, REAR. The lot line or lot lines most nearly parallel to and most remote from the front lot lines.
LOT MEASUREMENTS.
(1) Depth of a lot shall be considered to be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rear most points of the side lot lines in the rear.
(2) Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided however that the width between side lot lines at the foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle, where the 80% requirements shall not apply.
LOT OF RECORD. A single lot which is part of a subdivision, the plat of which has been recorded in the Office of the Recorder of Deeds of Will County, Illinois; or a single parcel of land, the deed of which has been recorded in the Office of the Recorder of Deeds of Will County, Illinois.
LOT, REVERSED CORNER. A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
LOT LINES, SIDE. Lot lines other than front or rear lot lines are side lot lines.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets, and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.
LOT WIDTH. The mean horizontal distance between the side lot lines measured within the boundaries or the minimum distance between the side lot lines within the buildable area.
MANUFACTURE. The production, making or processing of products or commodities for general consumption of the public or for sale to specialized institutions or organizations. Also included is the sub-assembly, fabrications, or processing of parts or components for use in other products or commodities.
MARQUEE or CANOPY. A roof like structure of a permanent nature which projects from the wall of a building and may overhang the public way and is designed and intended to protect pedestrians from adverse weather conditions.
MEDICAL CANNABIS CULTIVATION CENTER. A facility licensed by the Department of Agriculture to perform necessary activities to provide licensed medical cannabis dispensing organizations with usable medical cannabis.
MEDICAL CANNABIS DISPENSING ORGANIZATION. A facility licensed by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered medical cannabis cultivation facility for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, individuals with a provisional registration for qualifying patient cardholder status, or an opioid alternative pilot program participant.
MOBILE HOMES. Any trailer, as defined herein, used for residential purposes, but not including sports or camping trailers.
MOTEL. See HOTEL.
NAMEPLATE. A sign indicating the name and address of a building or the name of an occupant thereof and the practice of a permitted occupation therein.
NET SITE AREA. The area of a zoning lot, parcel or tract, excluding boundary rights-of-way.
NON-CONFORMING BUILDING or STRUCTURE. Any building or structure lawfully established which does not comply with all the regulations of this chapter or of any amendment hereto governing bulk of the district in which such building or structure is located; or is designed or intended for a non- conforming use.
NON-CONFORMING USE. Any building or structure and the use thereof or the use of land that does not conform with the regulations of this chapter or any amendment hereto governing use in the district in which it is located, but conformed with all of the codes, ordinances, and other legal requirements applicable at the time such building or structure was erected, enlarged, or altered, and the use thereof or the use of land was established.
NOXIOUS MATTER. Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effect upon the psychological, social or economic wellbeing of human beings.
NURSING HOME or REST HOME. A commercial establishment for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders but not including facilities for the treatment of sickness or injuries or for surgical care.
OCCUPANCY CERTIFICATE. A certificate issued by the Zoning Administrator stating the occupancy and use of land or a building or structure referred to therein complies with the provisions of this chapter.
OCTAVE BAND. A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
OCTAVE BAND FILTER. An electrical frequency analyzer, designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals (American Standard for Sound Level Meters, A.S.A. No. 244, 3-1944).
OPEN SALES LOT. A lot or parcel of land used or occupied for the purpose of buying, selling, or trading of all goods and commodities and including the storage of same prior to sale or exchange.
PARKING AREA, PRIVATE. An open, hard-surfaced area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.
PARKING AREA, PUBLIC. An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half tons capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.
PARKING SPACE, AUTOMOBILE. Space within a public or private parking area of not less than 180 square feet (nine feet by 20 feet), exclusive of access drives or aisles, ramps, columns or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half tons capacity.
PARTICULATE MATTER. Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.
PERFORMANCE STANDARD. A criterion 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.
PLAN COMMISSION. The Plan Commission of the village, as constituted by ordinance.
PLANNED DEVELOPMENT. A parcel or tract of land having an area as herein required in district regulations, which is planned as a whole for development, initially under unified ownership or control, and which is or is intended to be the site for two or more principal buildings or one or more principal uses, or one principal building for two or more principal uses and within which allowable exceptions in the district regulations are specified. The minimum area for planned development shall be: for residential - four acres; for business - five acres; for industrial - ten acres; for governmental - two acres.
PRINCIPAL USE. The main use of land or buildings as distinguished from a subordinate or accessory use.
PRIVATE SEWER. A private sewer is a sewer privately owned and not directly controlled by public authority.
PUBLIC OPEN SPACE. Any publicly-owned open area including but not limited to the following: parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.
PORCH. A roofed-over structure, projecting out from the wall or walls of a main structure and commonly open to the weather in part.
PUBLIC UTILITY. Any person, firm, corporation or municipal department, duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, transportation or water.
RAILROAD RIGHT-OF-WAY. A strip of land with tracks and auxiliary facilities for track operation but not including depot loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, water towers, and the like.
RESERVOIR PARKING SPACES. Those off-street parking spaces allocated for temporary standing of automobiles awaiting entrances to a particular establishment.
RESTAURANT. Any land, building or part thereof, other than a boarding house where meals are provided for compensation including a café, cafeteria, coffee shop, lunch room, drive-in stand, tearoom and dining room and including the serving of alcoholic beverages when served with and incidental to the serving of meals.
RINGLEMANN NUMBER. The number of the area on the Ringlemann Chart that coincides most nearly with the visual density of smoke emission.
ROADWAY. That portion of a street which is used or intended to be used for the travel of motor vehicles.
SANITARY LAND FILL. A method of disposing of solid fill by spreading and covering with earth to a depth of two feet on the top surface and one foot on the sides of the bank.
SATELLITE RECEIVING ANTENNA. An accessory structure whose purpose is to receive communication or other signals from orbiting satellites and other extra-terrestrial sources, and which consists of three main components: the antenna itself (often called a dish), a low-noise amplifier (LNA) and a received. The antenna and the LNA are located outdoors and are connected by coaxial cable to the receiver which is placed indoors. The height of the antenna shall be measured vertically from the highest point of the signal-receiving apparatus, when positioned for operation, to the bottom of the base which supports the antenna.
SCREENING. The screening shall consist of a screening wall of a fence, wall, dense screening, hedge or existing structure of a minimum height of six feet.
SETBACK. The minimum horizontal distance between a right-of-way line and the nearest wall in a building or side of a structure facing such street line or edge of the area of operation of a principal use when no building or structure is involved.
SIGN. A name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building, inside of a building, structure, tree, rock or other object or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. However, a sign shall not include any display of official court of public office notice nor shall it include the flag, emblem, or insignia of a nation, political unit, school or religious group. A sign shall not include a sign located completely within an enclosed building unless the context shall be exposed to view from a street. Each display surface of a sign shall be considered to be a sign.
SIGN, ADVERTISING (BILLBOARD). A sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered upon the premises where such sign is located or to where it is affixed.
SIGN, CHURCH BULLETIN BOARD. A sign attached to the exterior of a church or located elsewhere on the church premises, used to indicate the services or activities of the church and including its name, if desired.
SIGN, FLASHING. Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this ordinance, any revolving, illuminated sign shall be considered a flashing sign.
SIGN, GROSS SURFACE AREA OF. A sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. 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.
SIGN, IDENTIFICATION. A structure, building wall or other outdoor surface used to play and identify the name of the individual, business, profession, organization or institution occupying the premises upon which it is located.
SINGLE OWNERSHIP. A lot in single ownership is one where the owner does not own adjoining vacant property.
SMOKE UNITS. The number obtained by multiplying the smoke density in Ringlemann numbers by the time of emission in minutes. For the purpose of this chart, Ringlemann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed; and the various products are added together to give the total number of "smoke units" observed during the total period under observation.
SOUND LEVEL METER. An instrument standardized by the American Standards Association for measurement of intensity of sound.
STORY. That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is not a floor above 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. A half-story is that portion of a building under a gable, hip or mansard roof, the wall plates of which on at least two opposite exterior walls are not more than 4½ feet above the finished floor of each 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 room shall not be counted as a story.
STACKING REQUIREMENTS. For the purposes herein, stacking requirements are the number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to a specified business or service establishment.
STREETS. A public way other than an alley, which affords a primary means of access to abutting property.
STREET, FRONTAGE. 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 the street between an intersecting street and the end of such dead-end street.
STREET LINE. A line separating a lot, piece, or parcel of land from a street.
STRUCTURE. Anything constructed or erected which required location on the ground or is attached to something having location on the ground including a fence or free-standing wall. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a structure.
STRUCTURAL ALTERATIONS. See ALTERATIONS, STRUCTURAL.
SWIMMING CLUB, PRIVATE (COMMERCIAL). A private club operated for profit, maintaining and operating a swimming pool and apparatus and equipment pertaining to the swimming pool, with specified limitations upon the number of members for the exclusive use of members and their guests.
SWIMMING CLUB, PRIVATE (NON-PROFIT). A private club incorporated as a non-profit club or organization, maintaining and operating a swimming pool, with specified limitations upon the number of members limited to residents of a block, subdivision, neighborhood, community or other specified area of residence, for the exclusive use of members and their guests.
SWIMMING POOL, COMMERCIAL. A swimming pool and the apparatus and equipment pertaining to the swimming pool, operated for profit, open to the public upon payment of an hourly, daily, weekly, monthly, annual or other fee.
SWIMMING POOL, PRIVATE. A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained by an individual for the sole use of his household and guests, without charge for admission, and not for the purpose of profit or in connection with any business operated for profit, located on a lot as an accessory use to a residence.
SWIMMING POOL, PUBLIC. A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained and operated by a municipality or other units of government for the general public whether or not an admission fee is charged.
TATTOO STUDIO. Any premises where tattooing, as defined by the Tattoo and Body Piercing Establishment Registration Act (ILCS Ch. 410, Act 54, §§ 1 et seq.), is performed.
TAVERN or LOUNGE. A building where liquors are sold to be consumed on the premises but not including restaurants where the principal business is serving food.
TEMPORARY PORTABLE STORAGE UNIT: A box-like container without permanently attached wheels which is transported by truck to and from desired locations and is used primarily for storage, commonly known as PODS (Portable On-Demand Storage). Cargo containers shall not be defined as PODS.
THOROUGHFARE. A primary, secondary or collector street as designated in the Comprehensive Plan of Peotone.
TOURIST HOME. A dwelling in which accommodations are provided or offered for transient guests.
TOXIC MATERIALS. A substance (liquid, solid or gaseous) which, by reason of an inherent deleterious property, tends to destroy life or impair health.
TRAILER. A vehicle with or without motive power used or adaptable for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, which does not meet the building code requirements and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term "trailer" includes "camp car" and "house car." A permanent foundation shall not change its character, nor shall the erecting of additions to said trailer itself and any additions thereto conform to all village laws.
TRAILER SALES AREA. An open area, other than a street, used for the display or sale of new or used trailers, and where no repair work is done except for minor incidental repair of trailers to be displayed and sold on the premises.
TRAILER, SPORTS or CAMPING. A trailer designed for camping or other recreational purposes.
TRUCK PARKING AREA or YARD. Any land used or intended to be used for the storage parking of trucks, trailers, tractors and including commercial vehicles, while not loading or unloading, which exceeds one and one-half tons in capacity.
USE. The purpose or activity for which the land, buildings and structures thereon, is designed, arranged, or intended, or for which it is occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of this chapter.
USE, LAWFUL. The use of any building, structure, or land that conforms with all of the regulations of this chapter or any amendment hereto and which conforms with all of the codes, ordinances, and other legal requirements, as existing at the time of the enactment of this ordinance or any amendment thereto, 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, regulations, and when applicable, performance standards of this chapter for the district in which such use is located.
USE, SPECIAL PERMITTED. A use that has operational, physical and other characteristics that may be different from those of the predominant permitted uses in a district, but which is a use that compliments or is otherwise compatible with the intended overall developments within a district. Compliance with special standards not necessarily applicable to other permitted or special permitted uses in the district shall be required for a special permitted use, as herein is regulated in this chapter.
USE, PRINCIPAL. The dominant use of land or buildings as distinguished from a subordinate or accessory use.
USED CAR LOT. A zoning lot on which used or new cars, trailers or trucks are displayed in the open, for sale or trade.
VARIANCE. A variance is a relaxation of the terms of the zoning ordinance where such variances will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use, otherwise prohibited, shall not be allowed by variance nor shall a variance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining zoning district.
YARD. 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 herein 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, FRONT. A yard extending along the full length of the front lot line between side lot lines.
YARD, REAR. A yard extending along the full length of the rear lot line between side lot lines.
YARD, SIDE. A yard extending along a side lot line from the front yard to the rear yard.
ZONING ADMINISTRATOR. Wherever the term "Zoning Administrator" is used, it shall mean the Zoning Administrator appointed by the President and Village Board and such deputies or assistants as have been or shall be duly appointed. That officer is hereby authorized and it is his duty to administer and enforce the provisions of this chapter, making such determinations, interpretations and orders as are necessary therefor and requiring such plats, plans, and other descriptive material in connection with applications for permits as are necessary for him to judge compliance with this chapter.
ZONING BOARD OF APPEALS. The Zoning Board of Appeals of the village.
ZONING DISTRICTS. The districts into which the village has been divided as set forth on the Zoning District Map, for the purposes of zoning regulations and requirements.
ZONING LOT. A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.
ZONING MAP. The map incorporated herein as a part hereof, designating zoning districts.
(Ord. 77-08, passed 6-28-77; Am. Ord. 86-03, passed 5-27-86; Am. Ord. 98-12, passed 7-6-98; Am. Ord. 06-22, passed 2-12-07; Am. Ord. 07-13, passed 8-13-07; Am. Ord. 13-27, passed 3-24-14; Am. Ord. 19-43, passed 12-9-19; Am. Ord. 21-26, passed 10-25-21)
§ 157.005 INTERPRETATION.
(A) Minimum requirements. The provisions herein shall be held to be the minimum requirements for the promotion of public health, morals and welfare.
(B) Relationship with other laws. Where the conditions imposed by any provision herein upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision herein or 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) Effect of existing agreements. This chapter is not intended to abrogate any easement, covenant or another 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 herein shall govern.
(Ord. 77-08, passed 6-28-77)
§ 157.006 SEPARABILITY.
It is hereby declared to be the intention of the village that the several provisions of this chapter are separable in accordance with the following:
(A) If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgement shall not affect any other provisions not specifically included in said judgement.
(B) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or other structure, such judgement shall not affect the application of the provisions to any other property, building or structure not specifically included in the judgement.
(Ord. 77-08, passed 6-28-77)
§ 157.007 SCOPE OF REGULATIONS.
(A) Change in structures or use. Except as may otherwise be provided, all buildings erected hereafter, all uses of land or buildings established hereafter, 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 herein which are applicable to the zoning district in which such buildings, uses or land shall be located.
(B) Non-conforming buildings, structures and uses. Any lawful building, structure or use existing at the time of the enactment of this chapter may be continued, even though such building, structure or use does not conform to the provisions herein 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 §§ 157.030 through 157.040.
(C) Building permits. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter, and provided that construction is begun within 90 days of such effective date and diligently prosecuted to completion, said 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 by the use for which originally designated, subject thereafter to the provisions of §§ 157.030 through 157.040.
(Ord. 77-08, passed 6-28-77)
§ 157.008 USE AND BULK REGULATIONS.
(A) Use. No building, structure or land shall hereafter be used or occupied and no building or part thereof or other structure shall be erected, raised, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located, except as authorized by a pre-existing section of this chapter.
(B) Bulk. All new buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the village.
(Ord. 77-08, passed 6-28-77)
§ 157.009 LOT COVERAGE.
(A) Maintenance of yards, courts and other open spaces. The maintenance of yards, courts and other open spaces and 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 reason be used to satisfy yard, court, or other open space, or minimum lot area requirements for any other building.
(B) Division of zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located.
(C) Location of required open space. All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.
(D) Required yards for existing buildings. No yards now or hereafter provided for a building existing on the effective date of this chapter shall subsequently be reduced below or further reduced below if already less than the minimum yard requirements of this chapter for equivalent new construction.
(E) Vision clearance - corner lots. No building or structure hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles shall be located:
(1) In any residential district exceeding a height of three feet above the street grade within 25 feet of the intersecting property lines bordering corner lots; and
(2) In any manufacturing district within 12 feet of the intersecting street lines bordering a corner lot, provided that this regulation shall not apply to that part of a building above the first floor; and
(3) In any residential, commercial or industrial district, there shall be no trees with overhanging branches permitted which are less than 12 feet above the centerline of the street.
(F) Exception for existing developments.
(1) Where 40% 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 herein, new buildings shall not be erected closer to the street than the average front yard so established by the existing building.
(2) Where 40% 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 herein required, then:
(a) 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.
(b) Where a building is to be erected within 100 feet on an existing building on one side only, it may be erected as close to the street as the existing building.
(G) Permitted accessory buildings, structures, and uses. The following accessory buildings, structures, and uses are permitted and may be obstructions in required yards as follows:
Note:
F Denotes permitted obstruction in front yards and side yards adjoining streets.
S Denotes permitted obstruction in interior side yards.
R Denotes permitted obstruction in rear yards.
C Denotes permitted obstruction in open courts.
(1) Awnings or canopies for residential buildings which may project not more than three (3) feet into a required yard or court. | F | S | R | C |
(2) Arbors or trellises, and where trellises are attached to the principal building they may also project into front yards, side yards, rear yards and courts. | F | S | R | C |
(3) Air conditioning equipment, window units may project not more than 18 inches, central air conditioning units may project into a required yard by not more than four feet, provided the unit is adequately screened. | F | S | R | C |
R | ||||
(4) Architectural entrance structures on a lot not less than one acre in area or at entrance roadways into subdivisions or planned developments containing 50 or more lots. | F | S | R | |
(5) Balconies, projecting by not more than four feet. | F | R | C | |
(6) Bay windows, projecting not more than three feet into a yard. | F | R | ||
(7) Chimneys, attached, projecting not more than 18 inches into a yard or court. | F | S | R | C |
(8) Eaves and gutters on principal buildings and attached accessory buildings, projecting not more than two feet into a required front and rear yard and not more than 18 inches into a required side yard or court. | F | S | R | C |
(9) Flagpoles. | F | S | R | C |
(10) Garages or carports, attached or detached. | S | R | ||
(11) Growing of farm and garden crops in the open; flowers and landscaping permitted in all yards. | R | |||
(12) Open entrances, stoops, porches, terraces, when not covered, may project not more than ten feet. | F | |||
(15) Ornamental light standards. | F | S | R | C |
(16) Playground and laundry-drying equipment. | R | C | ||
(17) Playhouses and open-sided summer houses not exceeding 120 square feet or 2% of the total lot square footage whichever is greater in all districts. However, in no event shall an accessory playhouse or open-sided summer house exceed 350 square feet regardless of the total lot square footage. Sheds and storage buildings for garden equipment and household items as accessory to dwellings and buildings and structures customarily incidental to the pursuit of agriculture, not exceeding 120 square feet or 2% of the total lot square footage whichever is greater in all districts. However, in no event shall an accessory shed exceed 350 square feet regardless of the total lot square footage.
| R | |||
(18) Signs and nameplates as herein regulated. | F | S | R | C |
(19) Sills, belt courses, cornices, and ornamental features of the principal building, projecting not more than 18 inches into a yard or court. | F | S | R | C |
(20) 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. | F | S | R | C |
(21) Swimming pools, private--when conforming also with other codes or ordinances of the village. | R | |||
(22) Tennis courts, private. | R | |||
(23) Terraces, patios, and outdoor fireplaces. | R | |||
(24) Trees, shrubs and flowers. | F | S | R | C |
(Ord. 77-08, passed 6-28-77; Am. Ord. 86-07, passed 2-9-87; Am. Ord. 93-04, passed 7-6-93; Am. Ord. 19-40, passed 10-28-19)
§ 157.010 HOME OCCUPATIONS.
In all Residence Districts, an occupation operated for profit shall be permitted provided that:
(A) It is conducted entirely within the dwelling by a member of the family residing in the dwelling and when such home occupation is incidental and secondary to the use of the dwelling for dwelling purposes;
(B) It is not conducted from a detached or attached accessory garage building or does not require internal or external alteration, or involve construction features or use of equipment not customary in a dwelling, and the entrance to the space devoted to such occupation shall be from within the dwelling and not more than one-fourth of the floor area of a story including also a cellar of the dwelling if devoted to such home occupation;
(C) There is no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling;
(D) No product assembled or made on the premises shall be offered for sale in any dwelling unit;
(E) A home occupation conducted by a professional person may be for the consultation, instruction or performance of religious rites for the general practice of the profession, but shall not permit any professional assistance to the practitioner; and
(F) Teaching of musical instruments, arts and crafts, dancing and shall be conducted only in a single-family detached dwelling and then, to not more than four pupils at one time.
(Ord. 77-08, passed 6-28-77) Penalty, see § 157.999
§ 157.011 LOT AREA AND DIMENSION.
(A) Contiguous parcels. 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, they shall be used as one zoning lot for such use.
(B) Lots or parcels of land of record. Any single lot or parcel of land, held in one ownership, which was of record at the time of adoption of the ordinance that does not meet the requirements for minimum lot width and area may be utilized for a permitted use, provided that yards, courts or usable open spaces are not less than 75% of the minimum required dimensions of areas.
(Ord. 77-08, passed 6-28-77) Penalty, see § 157.999
§ 157.012 ACCESS TO PUBLIC STREETS.
Except as otherwise provided for herein, every building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street, unless a permanent easement of access to a public street was of record prior to the adoption of the ordinance.
(Ord. 77-08, passed 6-28-77) Penalty, see § 157.999
§ 157.013 NUMBER OF BUILDINGS ON A ZONING LOT.
Except in the case of a planned development, not more than one principal detached residential building shall be located on a residential lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.
(Ord. 77-08, passed 6-28-77)
§ 157.014 REZONING OF PUBLIC AND SEMI-PUBLIC AREAS.
An area indicated on the zoning map as a public park, recreation area, public school site, cemetery or other similar open space, shall not be used for any other purpose than that designed, and when the use of the area is discontinued, it shall automatically be zoned to the most restricted adjoining district until appropriate zoning is authorized by the Village Board of Trustees within three months after the day of application filed for rezoning.
(Ord. 77-08, passed 6-28-77)
§ 157.015 ACCESSORY BUILDINGS.
No accessory building shall be constructed or added onto without first obtaining a building permit. Accessory buildings must have an approved floor, concrete, wood, or other similar surface. All accessory buildings shall be built with a minimum four-inch gravel base or manufactured floor kit of a moisture resistant nature and be built to avoid rodent or varmint infestation. All accessory buildings shall be anchored to avoid uplift from wind. Accessory buildings not framed on site over a concrete slab will be required to have at least two attached ground anchors at opposite corners of the building.
(A) Location of accessory buildings.
(1) Residential districts.
(a) No accessory building shall be located closer than ten feet to either of the side lot lines. However, sheds and storage buildings for garden equipment and household items as accessory to dwellings and buildings and structures customarily incidental to the pursuit of agriculture, not exceeding 120 square feet in floor area, and located in the R-1, R-2, or R-3 zoning classifications shall have a minimum setback of five feet from either side lot line;
(b) No accessory building shall be located closer than five feet to the rear lot line;
(c) No accessory building shall be located closer than ten feet to the principal dwelling unit's foundation;
(d) On a reversed corner lot, 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 above instance, 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.
(2) Non-residential districts.
(a) No accessory building shall be located closer than five feet to either of the side lot lines;
(b) No accessory building shall be located closer than five feet to the rear lot line;
(c) No accessory building shall be located closer than ten feet to the principal building's foundation;
(d) No accessory building shall be located within five feet of any other accessory building or structure;
(e) No accessory building or buildings shall occupy more than 20% of a required yard, plus 40% of any non-required rear yard area.
(B) Number of accessory buildings allowed per principal building.
(1) Residential districts.
(a) In the Estate Residential zoning district:
1. All principal dwelling units must include a private residential attached garage (see § 157.069 M)(1));
2. There shall be allowed no more than one detached garage per principal detached dwelling unit, in addition to the required private residential attached garage; and
3. There shall be allowed no more than one accessory building per principal detached dwelling unit, in addition to the required private residential attached garage and the one permissible detached garage.
(b) In all one-family residential zoning districts except in the Estate Residential District:
1. There shall be allowed no more than one garage, whether attached or detached, per principal detached dwelling unit; and
2. There shall be allowed no more than one accessory building per principal detached dwelling unit, in addition to the one permissible garage.
(2) In non-residential districts:
(a) There shall be allowed no more than one garage per principal building;
(b) There shall be allowed no more than two accessory buildings, in addition to the one permissible garage.
(C) Time of construction of accessory buildings. No accessory building or structure shall be commenced to be constructed on any lot prior to the start of construction of the principal building to which it is accessory.
(D) Accessory building size limitations.
(1) Accessory buildings except garages. No accessory building or portion thereof, except for a garage, located in any zoning district shall exceed the following size limitations:
(a) In Estate Residential District:
Maximum Height: 15 feet
Maximum floor area: No accessory building shall be more than 120 square feet or two percent (2%) of the total lot square footage whichever is greater. However, in no event shall an accessory shed exceed three hundred fifty (350) square feet regardless of the total lot square footage. For accessory buildings larger than three hundred fifty (350) square feet, see requirements for garages.
(b) In all other residential zoning districts:
Maximum height: 12 feet
Maximum floor area: No accessory building shall be more than 120 square feet or 2% of the total lot square footage whichever is greater. However, in no event shall an accessory shed exceed 350 square feet regardless of the total lot square footage. For accessory buildings larger than 350 square feet, see requirements for garages.
(c) In all non-residential districts:
Maximum height: 12 feet
Maximum floor area: No accessory building shall be more than 120 square feet or 2% of the total lot square footage whichever is greater. However, in no event shall an accessory shed exceed 350 square feet regardless of the total lot square footage. For accessory buildings larger than 350 square feet, see requirements for garages.
(2) Garages.
(a) Detached garage size limitations. No garage or portion thereof which is detached from the principal building in any zoning district shall exceed the following size limitations:
1. In Estate Residential District:
Maximum height: 20 feet
Maximum floor area: 750 square feet
2. In all other zoning districts:
Maximum height: 15 feet
Maximum floor area: 750 square feet
(b) Attached garage size limitations. No garage or portion thereof which is attached to the principal building in any zoning district shall exceed the following size limitations:
1. In residential districts:
a. Garage attached by at least a party wall and at the roof:
Maximum height: There is no maximum height restriction, provided that the attached garage is no higher than the principal building, and that the garage's design is an integral part of the comprehensive architectural design of the principal building.
Maximum floor area: The floor area of the garage may not exceed 50% of the floor area of the principal building.
b. Garage attached only by a fully enclosed breezeway;
Maximum height: 15 feet
Maximum floor area: 750 square feet
2. In non-residential districts:
a. Garage attached by at least a party wall and at the roof:
Maximum height: There is no maximum height restriction, provided that the attached garage is no higher than the principal building, and that the garage's design is an integral part of the comprehensive architectural design of the principal building.
Maximum floor area: There is no maximum floor area restriction, provided the garage is not greater in floor area than the principal building and that the garage's design is an integral part of the comprehensive architectural design of the principal building.
b. Garage attached only by a fully enclosed breezeway:
Maximum height: 15 feet
Maximum floor area: 750 square feet
(E) Additional restrictions in one-family residential zoning districts.
(1) No accessory building or portion thereof which is detached from the principal dwelling unit may be used as either a permanent or a temporary place of residence.
(2) An accessory building or portion thereof which is attached to the principal dwelling unit and which is used as a temporary or permanent place of residence may not be used as a rental property, but, rather, may be used only for permitted accessory uses, including but not limited to housing for non-paying guests or non-paying family members, or as servants' quarters.
(F) Special use permits. In a non-residential district, the height and/or floor area of an accessory building may be enlarged by special use permit, in accordance with the provisions of § 157.189 of this Code.
(Ord. 77-08, passed 6-28-77; Am. Ord. 78-05, passed 6-13-78; Am. Ord. 86-07, passed 2-9-87; Am. Ord. 96-20, passed 10-7-96; Am. Ord. 12-23, passed 11-13-12; Am. Ord. 19-40, passed 10-28-19) Penalty, see § 157.999
§ 157.016 TEMPORARY BUILDINGS.
(A) A temporary real estate office may be allowed in conjunction with a new housing development in either a model home or temporary building, provided that such temporary real estate office is limited to the selling or renting of new units in such development and that such temporary real estate office is in no case in operation for more than one year following completion of construction of such development.
(B) Temporary buildings for construction purposes may be allowed in any district for a period not to exceed the completion date of such construction.
(Ord. 77-08, passed 6-28-77; Am. Ord. 96-35, passed 3-17-97)
§ 157.017 PERFORMANCE STANDARDS.
The performance standards of the I-1 Limited Industrial District shall also apply to all residential or business districts.
(Ord. 77-08, passed 6-28-77)
§ 157.018 EXISTING SPECIAL USES.
Where a use is classified as a special use and exists as a permitted use at the date of the adoption of this chapter, it shall be considered a legal special use, without further action of the Board of Trustees, the Zoning Administrator, the Board of Appeals, or the Plan Commission.
(Ord. 77-08, passed 6-28-77)
§ 157.019 USES NOT SPECIFICALLY PERMITTED IN DISTRICT.
When a use is not specifically listed in the sections devoted to permitted uses, it shall be assumed that such uses are hereby expressly prohibited unless by a written decision of the Plan Commission it is determined that the use is similar to and not more objectionable than uses listed. Such uses may then be permitted.
(Ord. 77-08, passed 6-28-77)
§ 157.020 SATELLITE RECEIVING ANTENNA.
(A) General requirements - all residential districts. Satellite receiving antennas not exceeding ten feet in diameter shall be permitted subject to the following regulations:
(1) A building permit shall be obtained.
(2) The satellite receiving antenna shall be neutral in color and bear no advertising emblem or information other than the name of the manufacturer in letters no more than two inches high.
(3) Satellite receiving antennas shall be compatible with the appearances and character of the neighborhood;
(4) Satellite receiving antennas shall be limited to one per zoning lot;
(5) Satellite receiving antennas shall not be roof-mounted;
(6) Satellite receiving antennas shall be located only in a rear yard a minimum of ten feet from any lot line or two feet from any easement line, whichever is greater;
(7) Satellite receiving antennas shall not exceed 13 feet in height measured from ground level where the satellite antenna is located to the top of any portion of the satellite antenna;
(8) Units shall be enclosed by a suitable screening as defined herein;
(9) Satellite receiving antennas shall be allowed only by special use permit if larger in diameter than ten feet or higher than 13 feet from the ground level where the satellite antenna is located, for which application shall be made to the Zoning Board of Appeals.
(B) General requirements - all business districts. Satellite receiving antennas not exceeding ten feet in diameter shall be permitted subject to the following regulations:
(1) A building permit shall be obtained;
(2) Satellite receiving antennas shall be neutral in color and bear no advertising emblem or information other than the name of the manufacturer in letters no more than two inches high.
(3) Satellite receiving antennas shall be compatible with the appearance of the neighborhood;
(4) Satellite receiving antennas shall be limited to one per zoning lot per building, whichever is less.
(5) The satellite antenna is not to be located between a building and a front lot line. The full impact of the satellite receiving antenna shall be reduced by screening as defined in this chapter. Said screening shall be located on or near any line bounding a residential district and shall otherwise apply with the applicable zoning requirements governing its location in rear and side yards.
(6) Satellite receiving antennas shall be allowed only by special use permit if larger than 10 feet in diameter or higher than 13 feet measured from ground level where the satellite antenna is located.
(C) General requirements - all industrial districts. Satellite receiving antennas not exceeding ten feet in diameter shall be permitted subject to the following regulations:
(1) A building permit shall be obtained.
(2) Satellite receiving antennas shall be neutral in color and bear no advertising emblem or information other than the name of the manufacturer in letters no more than two inches high.
(3) Satellite receiving antennas shall be compatible with the appearance of the neighborhood.
(4) Satellite receiving antennas shall be limited to one per zoning lot per building, whichever is less.
(5) The satellite antenna is not to be located between a building and a front lot line. The full impact of the satellite receiving antenna shall be reduced by screening as defined in this chapter. Said screening shall be located on or near any line bounding a residential district and shall otherwise apply with the applicable zoning requirements governing its location in rear and side yards.
(6) Satellite receiving antennas shall be allowed only by special use permit if larger than ten feet in diameter or higher than 13 feet measured from ground level where the satellite antenna is located.
(D) Satellite receiving antenna construction.
(1) All satellite receiving antennas shall comply with the latest National Building Code and all amendments thereto and Federal Communication Commission requirements.
(2) Construction and installation of all satellite receiving antennas shall conform to applicable Village Building Code and Electrical Code regulations and requirements and all amendments thereto.
(3) Satellite receiving antennas shall be constructed of non-combustible and corrosive-resistant materials.
(4) Satellite receiving antennas shall be constructed and erected in a secure manner and shall be wind resistant enough to withstand 85 m.p.h. winds and 70 m.p.h. winds when combined with ice, without sustaining damage.
(5) Satellite receiving antennas shall be adequately grounded and pass an inspection by the Village Electrical Inspector for grounding, for protection against a direct strike of lightning.
(6) No person, firm or corporation shall erect a satellite receiving antenna in the village without first obtaining a permit. No installation or erection shall commence before such permit is issued in accordance with the provisions of this section.
(7) Any person that desires to construct or erect a satellite receiving antenna shall apply to the Village Clerk for a permit described above. Only an owner of real estate property may apply for the permit for a satellite antenna to be installed on his property.
(a) The Zoning Administrator shall issue such permit provided that applicant submits a written application in form provided by the village along with a plan of property or parcel of land showing the exact location of the proposed satellite receiving antenna and all other buildings on the property a description of the kinds of said satellite receiving antennas proposed; plans showing specifications and elevations of the proposed antenna and sufficient details to show the method of assembly and construction.
(b) The application shall state the owner or owners of the subject property, the occupant of the subject property and the contractor or other person who shall be permitted to construct or erect the proposed satellite receiving antenna.
(8) The fee required of a satellite receiving antenna shall be as set forth in Chapter 150.
(9) The Zoning Administrator shall inspect and re-inspect erected and/or installed satellite receiving antennas and should, in his opinion, any structural or electrical deficiencies become apparent or develop with regard to the said satellite receiving antenna, he shall require compliance with the provisions of the building code of the Village of Peotone (National Building Code).
(E) Variances. No variances may be granted which would allow satellite antennas in the required front yard set-back in any zoning district.
(Ord. 86-03, passed 5-27-86)
§ 157.021 REGULATIONS FOR FAMILY AND GROUP CARE FACILITIES.
(A) The purpose of these regulations includes the conserving of the taxable value of land and buildings, and the lessening and avoiding of congestion in the public streets, promotion of the public welfare, and securing and promoting the quiet, seclusion, clean air, and clean surroundings in residential areas. In order to provide for group housing and accomplish these purposes, the following group occupancies of family and group care facilities shall be allowed as permitted or special uses in various zoning districts of the village as set forth below, provided that such facilities receive administrative approval from the Zoning Administrator.
(B) Administrative approval of permitted use for family care facilities.
(1) The Zoning Administrator shall give administrative approval to family care facilities, as a permitted use in all residential zoning districts, provided that the following conditions are present:
(a) No other family or group care facility is located within 1,600 feet.
(b) The operator or facility is licensed or certified by the appropriate state agency.
(c) The facility has paid professional support staff, provided by a sponsoring agency.
(d) The facility complies with the zoning regulations for the district in which the site is located.
(2) The Administrator shall rescind any approval if the above conditions are not met.
(C) Special use approval of group care facilities and certain family care facilities.
(1) Group care facilities are special uses in the R-3 and R-4 zoning districts and in any non- residential zoning district where occupancy of a dwelling by a family is permitted and shall be subject to the same procedures and process for considering such special uses as all other special uses.
(2) Family care facilities that would otherwise meet the definition set forth in this chapter but where the facility is not supervised by paid professional support staff provided by a sponsoring agency are special uses in all residential zoning districts and in any non-residential zoning district where occupancy of a dwelling by a family is permitted and shall be subject to the same procedures and process for considering such special uses as all other special uses.
(3) Approval of such group care or family care facilities as special uses shall be given only when each of the following conditions is present:
(a) No other family or group care facility is located within 1,600 feet;
(b) The operator or facility are licensed or certified by the appropriate state agency;
(c) The proposed use complies with all of the requirements and standards applicable for a special use under § 157.189; and
(d) The facility complies with the zoning regulations for the district in which the site is located.
(D) The Zoning Administrator shall grant administrative approval to any family or group care facility for which a special use has been granted and which is operated in conformance with any conditions and stipulations contained in the Special Use Ordinance.
(E) Family or group care facilities that fail to receive licenses or certification from the appropriate state agency are prohibited in all zoning districts.
(Ord. 06-22, passed 2-12-07)
§ 157.022 TEMPORARY STORAGE UNITS.
Temporary portable storage units delivered to and picked up from a site on a temporary basis by a storage company such as, but not limited to, PODS, are allowed in all zoning districts subject to the following conditions:
(A) Temporary portable storage units shall not be placed on village owned property or public right of way unless permission is granted by the Manager of Streets and Alleys. The Manager of Streets and Alleys may impose conditions, including time limits, more restrictive than these regulations.
(B) In residential zoning districts, temporary portable storage units shall be placed only on driveways.
(C) In any zoning district, no more than two temporary portable storage units may be placed on any individual property at any one time.
(D) In residential zoning districts, temporary portable storage units shall not be allowed for periods greater than seven days.
(E) In commercial and industrial districts, temporary portable storage units placed for a period exceeding seven days shall be completely screened from abutting residential districts and view from any public rights of way by means approved by the Zoning Administrator. Temporary portable storage units may be placed for a period not to exceed 90 days. Chain link fencing is not a suitable screening material, and landscaping materials are preferred.
(F) Temporary portable storage units may be placed on a specific lot on not more than three occasions in any one year period. The placement and removal of a unit shall constitute one occasion.
(Ord. 07-13, passed 8-13-07)
§ 157.023 ADULT-USE CANNABIS BUSINESS ESTABLISHMENTS, MEDICAL CANNABIS CULTIVATION CENTERS AND MEDICAL CANNABIS DISPENSING ORGANIZATIONS.
(A) Purpose and applicability . It is the intent and purpose of this section to prohibit or provide reasonable regulations, as applicable, regarding the cultivation, processing, transportation and dispensing of adult-use and medical cannabis occurring within the corporate limits of the village. Such facilities, where allowed, shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027), the Medical Cannabis Act (P.A. Public Act 098-0122), as recently amended by P.A. 101-363, and as either act may be subsequently amended from time-to-time, as well as the regulations promulgated thereunder, and the regulations provided for below. In the event that either act is amended, the more restrictive of the state or local regulations shall apply. In addition, any adult-use or medical cannabis business establishment shall at all times comply with the terms and conditions of any special use permit that may be granted for its operation.
(B) Certain adult-use cannabis business establishments prohibited. The village, pursuant to authority granted to units of local government in the cannabis regulation and taxation act to prohibit the location of all or certain adult-use cannabis business establishments, prohibits the location of the following adult-use cannabis business establishments within the village boundaries: adult-use cannabis craft growers, cultivation centers, infuser organizations, processing organizations, and transporting organizations.
(C) Facility components. In zoning districts in which adult-use or medical cannabis dispensing organization facilities or medical cannabis cultivation centers are allowed as special uses, the following materials need to be submitted by any proposed facility as part of the special use application for review and evaluation by village staff in order to determine compliance with the village's use standards as set forth herein, and with other village requirements:
(1) The proposed plan of operations of the adult-use or medical cannabis dispensing organization or medical cannabis cultivation center demonstrating the intent of the organization to operation in full compliance with the Cannabis Regulation and Tax Act and/or Medical Cannabis Act, as applicable.
(2) The proposed security plan and lighting plan for the adult-use or medical cannabis dispensing organization or medical cannabis cultivation center, outlining the proposed security arrangements to deter and prevent unauthorized entrance into areas containing cannabis or cannabis products and the theft of cannabis or cannabis products from the dispensing organization or cultivation center, and to ensure the safety of employees and customers of the dispensing organization or cultivation center, as well as the surrounding area, and including no less than the minimum security and lighting measures required by state law. The security plan shall be reviewed and approved by the Chief of Police.
(3) Information on the proposed structure in which the adult-use or medical dispensing organization facility or medical cannabis cultivation center will be located, including total square footage, security installations and building code compliance.
(4) Site plan of the adult-use or medical dispensing organization or medical cultivation center, including ingress and egress access points and internal site circulation.
(5) Proposed signage plan and parking plan of the adult-use or medical dispensing organization or medical cannabis cultivation center.
(D) Minimum distance requirements.
(1) No adult-use or medical cannabis dispensing organization shall be located within 500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or public park. Professional, vocational or specialized instructional centers or schools are not classified as public or private schools for purposes of this division.
(2) No medical cannabis cultivation center shall be located on property that is within 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school, day care center, day care home, group day care home, part day child care facility, residential zoning district, public park, public library, government office, or place of worship. Professional, vocational or specialized instructional centers or schools are not classified as public or private schools for purposes of this subsection.
(E) No on-site consumption or use. Consumption or use of cannabis is prohibited within adult-use or medical cannabis dispensing organizations or medical cannabis cultivation centers and within the parking areas or other public areas of adult-use or medical cannabis dispensing organizations or medical cannabis cultivation centers. Dispensing organizations are required to prominently display signs regarding this prohibition near the exit door or doors of the facility.
(F) Food. No adult-use or medical cannabis dispensing organization shall also sell food for consumption on the premises.
(G) Product display. No products sold by an adult-use or medical cannabis dispensing organization shall be visible from the public street, sidewalk or other public place.
(H) Parking enforcement agreements. The property owner and/or adult-use or medical cannabis dispensing organization owner shall, prior to occupancy, enter into a parking enforcement agreement with the Village pursuant to Section 11-209 of the Illinois Vehicle Code (625 ILCS 5/11-209). Such agreement shall authorize the village police department to, among other things, enforce such reasonable rules and regulations with respect to traffic, parking and loitering in a parking area as local conditions may require for the safety and convenience of the public or of the users of the parking area of the adult-use or medical cannabis business establishment.
(I) Hours of operation. Adult-use and medical cannabis dispensing organizations shall operate only between the hours of 7:00 a.m. and 10:00 p.m.
(J) Cooperation with village. Adult-use or medical cannabis dispensing organizations and medical cannabis cultivation centers and property owners where such dispensing organizations or cultivation centers are located shall provide access to village police, fire and code enforcement personnel during periods when employees are present to verify compliance with this section and other village ordinances. Adult-use or medical cannabis dispensing organizations and medical cannabis cultivation centers and property owners where such dispensing organizations or cultivation centers are located shall cooperate with the village police, fire and code enforcement personnel in the provision of security footage when requested, and in any related prosecution of any persons who violate state law or local ordinances within an adult-use or medical cannabis dispensing organization or medical cannabis cultivation center and on properties where such organizations or cultivation centers are located.
(K) Odors. No cannabis odors shall be detectable outside of the adult-use or medical cannabis dispensing organization or medical cannabis cultivation center.
(L) Compliance. Applicants seeking to open an adult-use or medical cannabis dispensing organization facility or medical cannabis cultivation center shall provide the village with proof of state licensing approval prior to the issuance by the village of a certificate of occupancy. Persons operating an adult-use or medical cannabis dispensing organization facility shall annually provide to the village all state inspection reports and other information necessary to verify ongoing compliance with state and village requirements. Applicants shall, after commencing operations, provide to the village, within seven days of receipt, copies of any notices, citations or other enforcement actions undertaken against the facility by the state, along with an explanation as to what steps are being taken by the applicant to bring the facility back into compliance.
(M) An adult-use or medical cannabis dispensing organization shall be the primary use on the property and in the building in which it is located. Retail sales occurring within the building where the facility is located shall be accessory to the facility's primary use as a dispensing organization. Such accessory retail sales, which shall include the sale of medical cannabis-related products and/or paraphernalia, but shall exclude actual adult-use and medical cannabis and adult-use and medical cannabis infused products, shall not occupy more than 10% of the gross floor area of the building in which the facility is located.
(N) Any special use granted for an adult-use or medical cannabis dispensing organization or a medical cannabis cultivation center shall not run with the land, but shall instead terminate upon any change in ownership or upon abandonment of the use by the owner who received the special use for a period in excess of 180 days.
(Ord. 13-27, passed 3-24-14; Am. Ord. 19-43, passed 12-9-19)
§ 157.024 TATTOO STUDIOS.
(A) Age limitation. No one under 18 shall be permitted on the premises unless accompanied by a parent/legal guardian.
(B) Alcohol, tobacco and cannabis use prohibited. No alcoholic beverages, tobacco or cannabis shall be sold or used on the premises.
(C) State and local licenses and registration required; inspections. The establishment shall register and operate at all times in compliance with the Tattoo and Body Piercing Establishment Registration Act (ILCS Ch. 410, Act 54, §§ 1 et seq.) and other applicable state laws and regulations. The proprietor and any persons performing tattooing shall have any required state licenses. The proprietor shall have a valid village business license and consent to an annual health inspection, which shall be performed before granting or renewing the business license.
(D) Washrooms required. All tattoo studio premises shall include at least one washroom and at least one separate changing room. Toilet facilities shall be available at all times for staff and customers. Washroom facilities shall include a hand wash station inside or immediately adjacent to the toilets that is not the same hand washing station as required within the tattooing area. A supply of bactericidal hand-cleansing soap or detergent must be available. A supply of disposable sanitary towels or a heated air hand-drying device must be provided at the hand wash sink. If disposable towels are used, easily cleanable waste receptacles must be conveniently located near the hand washing facility. Hand wash sinks shall be accessible to employees at all times.
(Ord. 21-26, passed 10-25-21)