This chapter, including the Zoning District Maps made a part hereof, shall be known and may be cited and referred to as the "Kendall County Zoning Ordinance."

(Ord. No. 2020-17, exh. B, § 1.00, 9-15-2020)

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

Accessory building or use means a building or use which:

(1)

Is subordinate to the principal building or principal use served in terms of area and function;

(2)

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

In cases of recreational vehicle parks and campgrounds, accessory buildings or accessory structures are those buildings which house facilities or services relating to recreational uses at the park or campground.

Acreage means any tract or parcel of land having an area of one (1) acre or more which has not been subdivided by metes and bounds or platted.

Active recreation open space means an appropriately sized and usable open space area, a minimum of one hundred twenty-five (125) feet wide, capable of comfortably supporting one (1) or more active recreational activities, such as playgrounds, ball fields, tennis courts, swimming pools, recreation buildings, jogging trails/fitness courses, detention basins designed for recreational use, and other miscellaneous recreational activities.

Active solar energy system means a solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.

Adult bookstore means an establishment having a majority of its public physical floor space occupied by books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

Adult entertainment facility means a facility or adult use whose primary business is the commercial sale, dissemination or distribution of sexuality explicit material, shows, or other exhibitions such as adult bookstores, adult video stores, striptease clubs or gentlemen's clubs, adult motion picture or adult mini-motion picture theaters, or any other use, as defined in Section 5-1097.5 of the Counties Code (55 ILCS 5/5-1097.5). The term "adult entertainment facility" includes any facility or adult use which offers or provides activities by employees, agents, or contractors of the business that involve exposure of specified anatomical areas or performance of specified sexual activities, as defined in Section 5-1097.7 of the Counties Code (55 ILCS 5/5-1097.7), in view of any patron, client, or customer of the business.

Adult massage parlor or spa means any place or establishment where a massage is made available for the primary purpose of sexual stimulation or arousal. The term "adult massage parlor or spa" shall include activities by employees, agents, or contractors of the business that involve exposure of specified anatomical areas or performance of specified sexual activities, as defined in Section 5-1097.7 of the Counties Code (55 ILCS 5/5-1097.7), in view of any patron, client, or customer of the business.

Adult mini-motion picture theater means an enclosed building with a capacity for less than fifty (50) persons, or an enclosed building with booths, stalls, or other fully or partially partitioned areas with an intended capacity for less than ten (10) persons used for presenting through viewing devices materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein. The term "adult mini-motion picture theater" includes, but is not limited to, projection booths, television monitors, television screens, coin-operated video devices and other viewing devices.

Adult motion picture theater means an enclosed building with a capacity of fifty (50) or more persons having viewing devices used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.

Adult use means a use which involves either wholly or partially an activity distinguished or characterized by its emphasis on matters depicting, describing, relating to specified sexual activities or specified anatomical areas, including, but not limited to, the operation of adult bookstores, adult video theaters, adult entertainment facilities, video arcades, and adult massage parlors or spas.

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

Adult-use cannabis craft grower means a facility operated by an organization or business that is licensed by the State 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 (410 ILCS 705/1-1 et seq.), as it may be amended from time to time, and regulations promulgated thereunder.

Adult-use cannabis cultivation center means a facility operated by an organization or business that is licensed by the State 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 (410 ILCS 705/1-1 et seq.), as it may be amended from time to time, and regulations promulgated thereunder.

Adult-use cannabis dispensing organization means a facility operated by an organization or business that is licensed by the State 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 (410 ILCS 705/1-1 et seq.), as it may be amended from time to time, and regulations promulgated thereunder.

Adult-use cannabis infuser organization or infuser means a facility operated by an organization or business that is licensed by the State 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 (410 ILCS 705/1-1 et seq.), as it may be amended from time to time, and regulations promulgated thereunder.

Adult-use cannabis processing organization or processor means a facility operated by an organization or business that is licensed by the State 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 (410 ILCS 705/1-1 et seq.), as it may be amended from time to time, and regulations promulgated thereunder.

Adult-use cannabis transporting organization or transporter means an organization or business that is licensed by the State 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 (410 ILCS 705/1-1 et seq.), as it may be amended from time to time, and regulations promulgated thereunder.

Agency-licensed family residential care home, transitional, means a single housekeeping unit of three (3) or fewer persons receiving care in a family-like atmosphere where the residents are residing in the home on a transitional or temporary basis where the length of residency is not expected to be more than one (1) year. Oversight and supervisory personnel shall be on the premises in addition to this number.

Agency-licensed group residential care home, permanent, means a single housekeeping unit of four (4) or more persons receiving care in a family-like atmosphere. Oversight and supervisory personnel shall be on the premises in addition to this number.

Agriculture includes the growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, aquiculture, dairying, floriculture, horticulture, nurseries, tree farms, sod farms, pasturage, viticulture, wholesale greenhouses, and the growing, developing, processing, conditioning, or selling of hybrid seed corn, seed beans, seed oats, or other farm seeds. In interpreting the foregoing definition, it is the intent of this chapter to make the definition of the term "agriculture," as used herein, identical to the definition of the term "agriculture," as used in Section 5-12001 of the Counties Code (55 ILCS 5/5-12001), as amended from time to time, exempting agriculture from the zoning authority of the County Board. The term "agriculture" means cultivating the ground, including the harvesting of crops, and rearing and management of livestock, tillage, husbandry, farming. In a broader sense, the science and art of the production of plants and animals useful to man, including, to a variable extent, the preparation of these products for man's use. The term "agriculture" includes grain storage, horse stables, nurseries, animal feed, commercial feeding, dairy and the like.

Agricultural labor housing means one or more buildings, structures, tents, trailers, or vehicles or any combination thereof together with the land appertaining thereto established, operated, or maintained as living quarters for migrant workers or families containing migrant workers who are engaged in agricultural activities.

Aircraft means any equipment or object, now known or hereafter invented, for use or designed and built for navigation of or flight in the air.

Airport means any area of land, water, or both, which is designed for the landing and take off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way.

Airport or aircraft landing field means any landing area, runway or other facility (including heliports), designed, used or intended to be used either publicly or privately by any person for the landing or taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangers and other necessary buildings and open spaces.

Alley means a public way, not more than thirty (30) feet wide, which affords only a secondary means of access to abutting property.

Animal hospital means any building or portion thereof designed or used for the care, observation or treatment of domestic animals.

Apartment means 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 permanently installed must always be included for each apartment.

Automobile laundry means a building or portion thereof containing facilities for washing more than two (2) motor vehicles, using mechanical methods.

Automobile repair, major, means engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair and painting of vehicles.

Automobile wrecking yard means any place where two (2) or more 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 goods, articles, or merchandise.

Awning means a roof-like cover, temporary in nature, which projects from the wall of a building or overhangs the public way.

Awning sign means any sign that is painted, printed or otherwise placed on the outer surface of an awning in such a manner that the awning forms the background surface of the sign.

Canopy + Awning Signs

Banner sign means any temporary sign of lightweight fabric or similar material. Examples include signs attached to a pole, building, or fence, and secured on at least two (2) sides. National flags, State or municipal flags shall not be considered banners.

Banner Sign

Banquet hall means an establishment that is rented by individuals or groups to accommodate private (invitation only) functions, including, but not limited to, banquets, weddings, anniversaries, and other similar events. Such a use may include kitchen facilities for preparation of food to be consumed on the premises, and outdoor gardens or reception facilities.

Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year. The base flood is also known as the one hundred (100) year flood.

Base flood elevation means the elevation in relation to mean sea level of the crest of the base flood.

Basement means a story partly or wholly underground. Where more than one-half (½) 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.

Basic Utility Stage 1 airport means an airstrip that is open to the public, with a minimum runway length of two hundred (200) feet and a minimum width of one hundred (100) feet.

Bed and breakfast establishment means an operator-occupied residence providing accommodations, for a charge, to the public with no more than five (5) guest rooms for rent in operation for more than ten (10) nights in a twelve (12) month period. Breakfast may be provided to the guests only. The term "bed and breakfast establishment" does not include motels, hotels, boardinghouses, or food service establishments. Bed and bed breakfast establishments shall meet the criteria set forth in the Illinois Bed and Breakfast Act (50 ILCS 820/1).

Billboard means any structure or portion thereof upon which are signs or advertisements used as an outdoor display. The term "billboard" does not include any 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 means a tract of land bounded by a street or, in lieu of a street, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines of waterways or corporate boundary lines of municipalities.

Boardinghouse means a building other than a hotel or restaurant where meals are provided, for compensation, to four (4) or more persons, but not more than twelve (12) persons, who are not members of the keeper's family.

Book and stationery store means an establishment dealing in books, printed materials and stationery supplies which is not an adult bookstore.

Brew pub means a person, including a restaurant or brewery, who manufactures no more than one hundred fifty-five thousand (155,000) gallons of beer per year only at a designated licensed premises to make sales to importing distributors, distributors, and to non-licensees for use and consumption only, who stores beer at the designated premises, and who is allowed to sell at retail from the licensed premises, provided that a brew pub licensee shall not sell for off-premises consumption more than one hundred fifty-five thousand (155,000) gallons per year (235 ILCS 5/1-3.33).

Buildable acreage means the total acreage of the property minus the following:

(1)

Wetlands and land that is generally inundated by water (under ponds, lakes, creeks, etc.).

(2)

All of the floodway and floodway fringe within the one hundred (100) year floodplain, as shown on official FEMA maps unless a study has been done and a LOMAR has been issued prior to development of the site indicating that the existing base flood elevation is actually less than the area depicted on the official FEMA maps.

(3)

Land within the right-of-way or easement of an existing roadway.

(4)

Land within an existing permanent easement prohibiting development (including utilities, drainage, access and pipelines).

Land with slopes exceeding twenty-five (25) percent, or soils and subsurface geology subject to slumping shall also be subtracted from the total acreage when determining a property's buildable acreage; however, homes may still be constructed on such slopes to take advantage of unique views or to provide walk-out units if appropriate engineering procedures are followed to maintain stability of the structure and minimize erosion.

Buildable area means the space remaining of a building lot after the minimum yard requirements of this chapter have been complied with.

Building means 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. 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. The term "building" includes all other structures of every kind regardless of similarity to structures that are not buildings.

Building height means the vertical distance measured at the front building elevation to the highest point of the structure, including the roof.

Building setback line means a line parallel to the street line at a distance from it, regulated by the front yard requirements set up in this chapter.

Building-integrated solar energy system means an active solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings.

Building, completely enclosed, means a building separated on all sides from the adjacent open space, or from 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, means a building surrounded by open space on the same zoning lot.

Building, nonconforming, means any building which does not conform to the regulations of this chapter prescribing the use, 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 such building is located.

Building, principal, means a non-accessory building in which the principal use of the zoning lot, on which it is located, is conducted.

Building, temporary, means any building not designed to be permanently located in the place where it is or is intended to be placed or affixed.

Bulk is the term used to describe the size and mutual relationships of buildings and other structures, as to size; height; coverage; shape; location of exterior walls in relation to lot lines, to the centerlines of the streets, to other walls of the same buildings, and to other buildings or structures; to all open spaces relating to the buildings or structures.

Business means any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation.

Business or trade school means a school or teaching unit organized by an industry or large company to provide trade training, apprentice education, and similar courses.

Camper means any person occupying a recreational vehicle and/or tent for recreational purposes.

Campground and recreational vehicle park collector street or collector road means any park street which extends from a park entrance street and intersects with three (3) or more other streets or any street which intersects with five (5) or more streets or any street which extends for more than one thousand two hundred (1,200) feet.

Campground and recreational vehicle park minor street means any park street which is not a collector street.

Campground and recreational vehicle park sanitary station means a facility used for removing and disposing wastes from RV holding tanks.

Campground and recreational vehicle park service buildings means those required in all parks or campgrounds, including those which house sanitary facilities, shelters.

Canopy means a roof-like structure of a permanent nature which projects from the wall of a building or overhangs the public way and is designed and intended to protect pedestrians from adverse weather conditions.

Caretaker means a person who is in charge of the maintenance of a building, estate, etc.; superintendent.

Changeable copy sign means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged either manually or electronically.

Changeable Copy Sign

Clinic or medical health center means an establishment where patients are admitted for special study and treatment by two (2) or more licensed physicians or dentists and their professional associates, practicing medicine together.

Club or lodge means a non-profit association of persons, who are bona fide members paying annual dues, which owns, hires, or leases a building, or portion thereof, the use of such premises being restricted to members, their guests, and invitees. It shall be permissible to serve food and meals on such premises, provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals, though such beverages may be served in a separate room, and provided that such sale of alcoholic beverages is in compliance with the applicable local, Federal, and State laws and County ordinances.

Commercial message means any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

Commercial solar energy facility shall have the same meaning as defined in 55 ILCS 5/5-12.

Commercial wind energy facility shall have the same meaning as defined in 55 ILCS 5/5-12.

Common open space means the land within a planned development that is devoid of buildings and other structures, other than recreational and pedestrian facilities and uses accessory thereto and is suitable for active and passive recreational activities. For the purposes of this chapter, common open space must be a minimum of fifty (50) feet wide. Common open spaces may include underground drainage fields for community septic systems or back-up areas for individual septic systems, and for spray fields for spray irrigation purposes in a land treatment sewage disposal system. The term "common open space" specifically excludes parking lots for non-recreational uses, street rights-of-way, subdivided residential lots, school sites, mound sewage disposal systems protruding above grade and aerated sewage treatment ponds. The term "common open space" is further divided into two (2) categories as follows:

(1)

Primary open space consists of wetlands and land within the one hundred (100) year floodplain.

(2)

Secondary open space includes otherwise developable areas of a property which are being preserved for passive or active open space use. Wet bottom detention areas may be included as a part of secondary open space.

Communications use means radio, television and satellite communications facilities, including towers, cable, telephone, telegraph and maintenance equipment accessory thereto, layout and design of newsprint, and general office activities accessory to these uses.

Construction sign means a sign announcing the impending construction of a project, limited to displaying the name of the project, the developer, the financial institution providing the financing, the designers, the general contractor, a telephone number where more information may be obtained, and a date announcing the planned completion of the project.

Construction Sign

Convenience store means a retail store with a floor area of less than five thousand (5,000) square feet, that sells a limited line of groceries, tobacco, newspapers and periodicals, and other household goods.

Corner lot. See Lot, corner.

Corner lot, reversed. See Lot, reversed corner.

Correctional facilities means a prison or a place in which people are physically confined and, usually, deprived of a range of personal freedoms.

Coverage, lot. See Lot coverage.

Crop identification sign means a sign whose content includes the type, description, identification and otherwise pertinent information of crops being grown on a plot of land.

Curb level means the level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one (1) street, the mean level of the land immediately adjacent to the building shall be considered the curb level.

Currency exchange means trading U.S. or other countries' money for another based on the value of the money. A currency exchange may provide other services such as notaries, money orders, etc.

Day care facility means facilities that provide supervision and care of more than three (3) children unrelated to the operator of the facility for less than twenty-four (24) hours per day. The term "day care facility" includes day care centers and day care homes as defined and regulated under the Illinois Childcare Act (of 1969) (225 ILCS 10).

Development means any man-made change to improved or unimproved real estate, including, but not limited to, construction of or substantial improvements to buildings or other structures, the placement of mobile homes, mining, dredging, filling, grading, paving, excavation or drilling operations.

District means a section or part of the County for which the use regulations are uniform.

Dwelling means a building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one (1) family dwelling units, two (2) family dwelling units, and multiple-family dwelling units, but not including hotels, motels, boarding, or lodginghouses.

Dwelling unit means one or more rooms in a residential structure which are arranged, designed, used, or intended for use by one (1) family, for living or sleeping purposes, and which includes complete kitchen facilities permanently installed.

Dwelling unit, secondary, means a secondary residence on a single lot that contains one (1) or more rooms which are arranged, designed, used, or intended for use by one (1) family, for living or sleeping purposes, and which includes complete kitchen facilities permanently installed.

Dwelling, attached, means a dwelling joined to two (2) other dwellings by party walls, or vertical cavity walls, and above-ground physically unifying horizontal structural elements.

Dwelling, detached, means a dwelling which is surrounded on all sides by open space on the same lot.

Dwelling, multiple-family, means a building or portion thereof, designed or altered for occupancy by three (3) or more families living independently of each other.

Dwelling, one (1) family, means a dwelling unit designed exclusively for use and occupancy by one (1) family.

Dwelling, semi-detached, means a dwelling joined to one (1) other dwelling by a party wall, or a vertical cavity wall and above-ground physically unifying horizontal structural elements.

Dwelling, two (2) family, means a building designed or altered to provide dwelling units for occupancy by two (2) families.

Elderly cottage housing opportunities (ECHO housing) means the provision of independent living quarters for elderly or disabled family members inside or within five hundred (500) feet of a farm residence in an agricultural area.

Electronic message board display means a sign or component of a sign that uses changing lights to form a message or series of messages that are electronically programmed or modified by electronic processes.

Erect means the act of placing or affixing a component of a structure upon the ground or upon another such component.

Establishment, business, means a separate place of business having the following three (3) characteristics:

(1)

The ownership and management of all operations conducted within such establishment is separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lots.

(2)

Direct public access to such business establishment is separate and distinct from direct access to any other business establishment.

(3)

There is no direct public access from within such establishment to any other such establishment.

When adjacent places of business lack any one (1) of the aforesaid characteristics with respect to one another, they shall then be considered as a single business establishment for the purpose of this chapter.

Excavating business means a business engaged in site preparation activities, including grading, earthmoving, and land clearing, and businesses that rent equipment for such purposes. For the purposes of this chapter, an excavating business shall be considered a contractor's office or shop.

External illumination means illumination of a sign which is produced by an artificial source of light which is not contained within the sign itself.

Facade means any side, surface or wall below the roof of a building which is parallel or within forty-five (45) degrees of parallel with a parcel's frontage on a public thoroughfare, which faces toward and relates to that public thoroughfare. If a building has a complex shape, then all walls or surfaces facing in the same direction, or nearly the same direction, are part of a single facade.

Facility owner, for the purposes of commercial solar energy facilities and commercial wind energy facilities, shall have the same meaning as defined in 55 ILCS 5/5-12.

Family means two (2) or more persons related to each other by blood, marriage, or legal adoption, living together as a single housekeeping unit; or not more than three (3) persons, who need not be related by blood, marriage, or legal adoption living together as a single housekeeping unit and occupying a single dwelling unit; in either case, the number is exclusive of usual domestic servants.

Farm means a parcel of land, or contiguous parcels of land under common ownership, used primarily for agriculture.

Farm residence means a dwelling unit located on a farm.

Fence means an artificial barrier constructed of any material or combination of materials erected to enclose or screen areas of land.

Fence height means the vertical distance measured from finished grade at the base of the fence to the highest point of the panels of a solid, picket, board-on-board or similar type fence, or the top rail of a chain link or split rail fence.

Fence, decorative, means a designed fence or wall with openings representing fifty (50) percent or more of the total front face surface that meets all of the following:

(1)

It contributes to the identification and beauty of the principal use;

(2)

It is not erected to satisfy any other provision of this Code;

(3)

It does not act as a retaining structure;

(4)

It is made of material that typically is not found in security structures, such as chain link.

Split rail and ranch rail are examples of decorative fencing.

Fence, open, means a designed fence or wall with openings representing more than fifty (50) percent of the total front face surface that is made of materials typically found in security structures, such as chain link, wire mesh or similar materials.

Fence, solid, means a fence obscuring more than forty (40) percent of the view through the fence.

Flashing sign means 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 purposes of this chapter, any revolving, illuminated sign shall be considered as a flashing sign. Due to their unique characteristics, electronic message board displays are not considered flashing signs.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters, or the unusual and rapid accumulation or runoff of surface water from any source.

Floor area for determining floor area ratio means the sum of the gross horizontal areas of the several floors, including the basement floor if a building, measured from the exterior faces of the exterior wall, or from the centerlines of walls separating two (2) buildings. The floor area shall also include the horizontal areas on each floor devoted to:

(1)

Elevator shafts and stairwells;

(2)

Mechanical equipment, except if located on the roof, when either open or enclosed (i.e., bulkheads, water tanks and cooling towers);

(3)

Habitable attic space as permitted by the Building Code of the County;

(4)

Interior balconies and mezzanines;

(5)

Enclosed porches;

(6)

Accessory uses.

The floor area of structures used for bulk storage of materials (i.e., grain elevators and petroleum tanks) shall also be included in the floor area and calculated as one (1) floor for each ten (10) feet of structure height. The horizontal area in each floor or a building devoted to off-street parking and off-street loading facilities and the horizontal area of a cellar floor shall not be included in the floor area.

Floor area for determining requirements for off-street parking and loading means the floor area when prescribed as the basis of measurement of off-street parking spaces and off-street loading spaces for any use, which shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off-street parking facilities, the horizontal areas of the basement, and cellar floors that are devoted exclusively to uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the walls.

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

Floor area, usable, means any floor area within the outside walls of a residential building exclusive of areas in cellars, basements, unfinished attics, garages, open porches and accessory buildings, but including any area roughed in but not completed which is designed and intended for human occupancy.

Freestanding sign means any sign not attached to a building; primarily ground signs, pole signs, pylon signs, and portable signs.

Freestanding Signs

Fuel bulk station means a place where crude petroleum, gasoline, naphtha, benzine, benzol, kerosene or other flammable liquid which has a flash point at or below two hundred (200) degrees Fahrenheit (closed cup tester) is stored for wholesale purposes, where the aggregate capacity of all storage tanks is more than eight thousand (8,000) gallons, regardless of whether the fuel is stored above ground, underground or in mobile tank cars or trucks.

Furrier means a person who buys and sells furs, or who makes, repairs, or cleans furs and fur garments; a fur dealer or fur dresser.

Garage, private, means an 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 resident upon the premises, and in which no business, service or industry connected directly or indirectly with automotive vehicles is carried on, provided that not more than one-half (½) 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 (1) or two (2) car capacity may be so rented. Such a garage shall not be used for more than one (1) commercial vehicle, and the load capacity of such vehicle shall not exceed five (5) tons.

Garage/yard sale sign means any sign used in residential zoning districts to advertise the sale of used, unwanted household goods.

Golf course means public, semi-public or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto, and consisting of at least sixty (60) acres for each standard nine (9) hole course; twenty-five (25) acres for each nine (9) hole, par three (3) course.

Grade means the lowest point of elevation of the surface of the ground, paving, or sidewalk at any point adjacent to a structure. For the purposes of signs, the term "grade" means the established or finished elevation measured at the centerline of the adjacent street.

Grocery/food sales. The grocery and food sales use classification applies to uses which sell grocery, food, and beverage items, and such sales occur entirely within an enclosed building. Examples may include convenience grocery stores (without gas pumps), grocery stores, supermarkets, fruit and vegetable stores, delicatessens, health food stores, meat markets/butcher shops, fish and poultry stores, bakeries, nut and confectionery shops, dairy products stores, and similar land uses.

Ground sign means any detached sign which has its bottom portion erected upon or mounted on a base that is permanently set on the ground that is at least as wide as the bottom of the sign. Ground signs are also commonly known as monument signs.

Group home means a single dwelling unit occupied on a relatively permanent basis in a family-like environment by unrelated persons with disabilities. Paid professional support staff, provided by a sponsoring agency, either living with the residents on a twenty-four (24) hour basis, or present whenever residents are present at the dwelling, shall be required unless a special use approval is obtained to eliminate the requirement of supervision. A group home shall comply with the zoning regulations for the district in which the site is located.

Guest house means living quarters within a detached accessory building located on the same premises with the principal building, for use by guests of the occupants of the premises no longer than ninety (90) continuous days. Such quarters can have kitchen facilities and shall not be rented or otherwise used as a separate dwelling.

Halfway house means a home for persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct, or inmates on release from more restrictive custodial care or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to mainstream residents back into society. The term "halfway house" also means a temporary residential living arrangement for persons who are receiving therapy and counseling from support staff who are always present. Residents are present for the following purposes:

(1)

To help them recuperate from the effects of drugs or alcohol addiction;

(2)

To help them re-enter society while housed under supervision and while under the constraints of alternatives to imprisonment, including, but not limited to, pre-release, work release and probationary programs;

(3)

To help persons with family or school adjustment problems that require specialized attention and care in order to achieve personal independence; or

(4)

To provide temporary shelter for persons who are victims of domestic abuse.

Hard surface means any material placed on or above the earth that substantially reduces or prevents the natural percolation of water. Examples include, but are not limited to, structures, including roofs and roof overhangs; parking areas; driveways; sidewalks; gravel areas; patios and decks; sport courts; pools and similar improvements.

Hard surface coverage means total square footage of all hard surfaces on the property divided by the total square footage of the parcel multiplied by one hundred (100).

Home occupation means any occupation or profession engaged in by an occupant of a dwelling unit as a use which is clearly incidental and secondary to the use of the dwelling as a residence.

Home occupation, agricultural, means a home occupation in an agricultural zoning district. Tearooms, restaurants, eating and/or drinking establishments, animal hospitals or kennels, clinics, general retail and wholesale, stables, undertaking establishments and funeral parlors shall not be deemed to be home occupations.

Home occupation, residential, means a home occupation in a residential zoning district. Tearooms, restaurants, eating and/or drinking establishments, animal hospitals or kennels, clinics, general retail and wholesale, stables, undertaking establishments and funeral parlors shall not be deemed to be a home occupation.

Hospice means a temporary residential living arrangement for persons with a life-threatening illness that requires full-time support, therapy and/or treatment.

Hospital or sanitarium means an institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care, for not less than twenty-four (24) hours in a week, or three or more non-related individuals suffering from illness, disease, injury, deformity, or other abnormal physical conditions. The term "hospital" or "sanitarium" does not apply to institutions operating solely for the treatment of insane persons, drug addicts, liquor addicts, or other types of cases necessitating restraint of patients, and the term "hospital" or "sanitarium" shall not be used for convalescent, nursing, shelter, or boarding homes.

Hotel, motel, or inn means 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 desk service, restaurants, cocktail lounges, meeting rooms, and ancillary uses, provided access to such uses are from the exterior of the principal use. Short-term rentals of a maximum of thirty (30) consecutive days in a one (1) family dwelling, two (2) family dwelling, or accessory structures with residentially allowed occupancy permits shall not be considered hotels.

Householder means the occupant of a dwelling unit who is either the owner or lessee thereof.

Illegal sign means a sign which contravenes this chapter, or a nonconforming sign for which a permit required under a previous ordinance was not obtained.

Illuminated sign means any sign which is lit by an artificial (usually electric) light source.

Illuminated Sign

Indoor business sales and service means uses which display or conduct, entirely within an enclosed building, the sale or rental of business-oriented products, equipment, merchandise, or services that are non-personal and non-professional in nature. Examples may include duplicating or photocopying sales and service; addressing, mailing, or stenographic sales and services; locksmith shops; computer sales and service; employment agencies; and similar land uses.

Indoor entertainment and recreation means uses which provide recreation or entertainment services entirely within an enclosed building. Examples may include skating rink, arcade, billiards room/pool hall, dance hall/club, dance/music school or studio, gymnastic facility, martial arts facility, sports training facility, health/fitness club, and similar land uses. Adult and regulated uses are specifically excluded from this category.

Indoor retail sales of goods (other than groceries or food). The indoor retail sales of goods use classification, excluding grocery and food sales, applies to retail uses which display or conduct the sale or rental of merchandise entirely within an enclosed building. Examples may include antique shops, furniture stores, hardware stores, department stores, clothing/wearing apparel stores, bookstores, sporting goods stores, drug stores, pharmacies, florist shops, and similar land uses. Adult uses are specifically excluded from this category.

Inflatable sign means any sign or inflatable device of more than two (2) cubic feet in capacity designed to be filled with air or a gas lighter than air, displayed to attract the attention of the public. The term "inflatable sign" includes balloons and balloon signs.

Inflatable Sign

Instructional sign means a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," and other similar directives.

Internal illumination means the illumination of a sign which is produced by an artificial source of light concealed or contained within the sign itself, and which becomes visible in darkness through the translucent portion of the sign face.

Junk yard means an open area where waste, scrap metal, paper, rags, or similar material are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto, farm implements and machinery, and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

Kennel means any lot or premises or portion thereof other than an animal control facility, veterinary hospital, or animal shelter, where animals allowed by the Illinois Animal Welfare Act (225 ILCS 605/1 et seq.) are maintained for boarding, training, or similar purposes for a fee or compensation and which meets the requirements of the Illinois Animal Welfare Act (225 ILCS 605/1 et seq.).

Laboratory, commercial, means a place devoted to experimental study such as testing and analyzing. Manufacturing, assembly or packing of products is not included within this definition.

Land Resource Management Plan means an official plan adopted by the County to guide growth and development. The Land Resource Management Plan (LRMP) serves as the County's Comprehensive Plan, including township specific plans and extensive goals and objectives focused on both planning and management.

Landscaping business means a business engaged in providing landscape care and maintenance services and/or installing trees, shrubs, plants, lawns, or gardens and businesses primarily engaged in providing these services along with the design of landscape plans and/or the construction and installation of walkways, retaining walls, decks, fences, ponds, and similar structures.

Livestock means domestic animals of types customarily raised or kept on farms for profit or other purposes.

Livestock feeding yard means an enclosure designed or used for the purpose of concentrated feeding or fattening of livestock for marketing.

Livestock sales yard means an enclosure or structure designed or used for holding livestock for the purpose of sale or transfer by auction, consignment, or other means.

Loading and unloading space, off-street, means an open hard-surfaced area other than a street or 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 (10) feet in width, thirty-five (35) feet in length, and fourteen (14) feet in height, exclusive of access aisles and maneuvering space.

Lodginghouse or roominghouse means a building with not more than five (5) guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or overnight guests.

Lot means a parcel of land legally described as a distinct portion or piece of land of record. In cases of recreational vehicle parks and campgrounds, a lot is a parcel of land designated on the official plot plan for the placement of a single recreational vehicle or tent and for the exclusive use of its occupants. The term "lot" includes the terms "plot," "piece," and "parcel."

Lot area, gross, means the area of a horizontal plane bounded by the centerline of all adjacent public streets and the lot lines where no public street is adjoining.

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

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

Lot depth means the mean horizontal distance between the front and rear lot line of a lot measured within the lot boundaries.

Lot line means a property boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley line.

Lot line, corner side, means that portion of a lot boundary on a corner lot which lies along a public street and which is not identified as the front lot line.

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

Lot line, interior, means a side lot line common with another lot.

Lot line, rear, means the lot line most nearly parallel to and remote from the front lot line.

Lot of record means a lot that is part of a recorded subdivision or a parcel of land that has been lawfully established and recorded at the County Recorder's Office.

Lot width means the horizontal distance between the side lot lines as measured at the established front building setback line (refer to lot width illustration in Section 36-1090).

Lot, corner, means the lot situated at the junction and abutting on two (2) or more intersection streets, or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty-five (135) degrees or less.

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

Lot, reversed corner, means a corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.

Lot, through, means a lot having frontage on two (2) 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, zoning. See Zoning lot.

Marina means a boat basin and recreational facility, located on water-frontage property, providing moorings for boats, and one (1) or more of the following facilities: boat launching ramps, boat livery, boat sales, maintenance shops, marine supply stores and fuel docks.

Marquee or canopy means a roof-like structure of a permanent nature which projects from the wall of a building or overhangs the public way and is designed and intended to protect pedestrians from adverse weather conditions.

Marquee or canopy sign means a sign that is mounted or painted on, or attached to, a canopy or marquee.

Marquee or Canopy Sign

Massage or massage therapy means a system of structural palpation or movement of the soft tissue of the body or the performance of non-sexual manipulative exercises or techniques as defined under Section 10 of the Massage Therapy Practice Act (225 ILCS 57/10), by a massage therapist for compensation, except those persons exempted under Section 25 of the Massage Therapy Practice Act (225 ILCS 57/25).

Massage school means any place or establishment or facility which provides instructions in theory, method and practice of massage or massage therapy which meets the minimum standards for training and curriculum as determined by the State Department of Financial and Professional Regulation.

Massage therapist means a person who is licensed by the State Department of Financial and Professional Regulation, as defined in the Massage Therapy Practice Act (225 ILCS 57/1 et seq.) and administers massage for compensation.

Medical cannabis cultivation center or cultivation center means a facility operated by an organization or business that is registered by the State Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis. This definition is intended to remain consistent with the definition provided in Section 10 of the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/10), as amended. In the event of a conflict between this definition and the statute, the definition from State law shall govern.

Medical cannabis dispensing organization or dispensing organization or dispensary means a facility operated by an organization or business that is registered by the State Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients. This definition is intended to remain consistent with the definition provided in Section 10 of the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/10), as amended. In the event of a conflict between this definition and the statute, the definition from State law shall govern.

Memorial or tablet sign means the permanent part of a building which denotes the name of the building, date of erection, historical significance, dedication, or other similar information.

Memorial or Tablet Sign

Micro brewery means a person, including a brewery, who is a holder of a brewer license or non-resident dealer license who manufactures up to nine hundred thirty thousand (930,000) gallons of beer per year and who may make sales and deliveries to importing distributors and distributors and to retail licensees in accordance with the conditions set forth in in the Illinois Liquor Control Act of 1934 (235 ILCS 5/1-1 et seq.). A micro brewery is also referred to as a "Class 1 brewer" per 235 ILCS 5/1-3.38.

Micro distillery or craft distillery means a facility that produces alcoholic beverages in quantities not to exceed fifteen thousand (15,000) gallons per year and includes an accessory tasting room. A tasting room allows customers to taste samples of products manufactured on site and purchase related sales items. Sales of alcohol manufactured outside the facility are prohibited. If State law changes the quantities, this definition should reflect those changes.

Mobile home means a unit designed for year-round living quarters. It has a permanent chassis but must be towed by another vehicle. It is designed to be installed on piers with tie-downs but not on a permanent foundation. It has toilet, cooking and sleeping facilities and, when connected to utilities on site, it may have plumbing, electric, heating and air conditioning systems contained therein. It is at least eight (8) feet wide and forty (40) feet long.

Motor freight terminal means a building in which freight, brought to said building by motor truck, is assembled and sorted for routing in intrastate and interstate shipment by motor truck.

Motor vehicle means a vehicle of less than sixteen thousand (16,000) pounds which is self-propelled and is capable of being licensed for operation upon the streets and highways of the State, including automobiles, motorcycles, and light trucks.

Motor vehicle laundry means a building or portion thereof containing facilities for washing more than two (2) motor vehicles, using mechanical methods.

Motor vehicle repair, major, means engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair and painting of vehicles.

Municipal solid waste transfer station means facilities where municipal solid waste is unloaded from collection vehicles and briefly held while it is reloaded onto larger long-distance transport vehicles for shipment to landfills or other treatment or disposal facilities. Recyclables may also be separated from municipal solid waste at these facilities.

Nameplate means 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.

Nameplate

Nano brewery means a brewery that produces less than one thousand (1,000) barrels (31,000 gallons) of beer per year with one hundred (100) percent of its beer sold off site.

Nonconforming sign means any sign that does not conform to the requirements of this chapter.

Nonconforming structure means any building or structure lawfully established at the time of the adoption of the ordinance from which this chapter is derived or any amendments hereto that does not comply with the yard, height, bulk or separation requirements contained in the regulations of this chapter.

Nonconforming use means any building, structure or land lawfully occupied by a use or lawfully established at the time of the adoption of the ordinance from which this chapter is derived or amendments hereto that does not comply with the regulations of this chapter.

Nonparticipating property, for the purposes of commercial solar energy facilities and commercial wind energy facilities, shall have the same meaning as defined in 55 ILCS 5/5-12.

Nonparticipating residence, for the purposes of commercial solar energy facilities and commercial wind energy facilities, shall have the same meaning as defined in 55 ILCS 5/5-12.

Noxious matter means material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well-being of human beings.

Nursing home or rest home means a home for the care of children or the aged or infirm, or place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.

Nursery school or day nursery means an institution providing care for three (3) or more children under the age of seven (7) years for periods of more than four (4) hours but not exceeding twenty-four (24) hours.

Obstruction means an obstacle, impediment or hindrance.

Occupied community building, for the purposes of commercial solar energy facilities and commercial wind energy facilities, shall have the same meaning as defined in 55 ILCS 5/5-12.

Off-grid solar energy system means a photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.

Off-premises identification sign means any sign displaying the name and/or logo of a business and which is situated on a parcel of land other than the property for which the sign is identifying.

Open sales lot means any land used or occupied for the purpose of buying and selling new or second-hand passenger cars or trucks, motor scooters, motorcycles, boats, trailers, aircraft, and monuments, and for the storing of same prior to sale.

Ordinance means the County Zoning Ordinance.

Outdoor advertising structure means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises on which such sign is located or to which it is affixed (see Billboard).

Paintball facility means the location where a game in which players on one (1) team seek to eliminate those on an opposing team by marking them with a water-soluble dye shot in capsules from air guns.

Parcel delivery station means a building in which commodities, sold at retail within the area and packaged by the retailer, are assembled and routed for delivery to retail customers located within area.

Parking area, private, means 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 for which the parking area is developed and is accessory.

Parking area, public, means 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 (1½) tons' capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.

Parking space, automobile, means space within a public or private parking area not less than one hundred eighty (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 (1) passenger automobile or commercial vehicle under one and one-half (1½) tons' capacity.

Participating property, for the purposes of commercial solar energy facilities and commercial wind energy facilities, shall have the same meaning as defined in 55 ILCS 5/5-12.

Participating residence, for the purposes of commercial solar energy facilities and commercial wind energy facilities, shall have the same meaning as defined in 55 ILCS 5/5-12.

Pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

Pennant

Performance standard means a criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare of heat generated by or inherent in uses of land or buildings.

Performing arts center. The performing arts are art forms in which artists use their bodies or voices to convey artistic expression. Examples of performing arts may include music, dance, fitness training, theater arts, technical arts, online lessons, a performing arts preschool, etc. Regulated uses that are specified in Section 36-981 are specifically excluded from this category.

Personal service uses means exclusively indoor land uses in which personal services are provided to individuals on a walk-in or on an appointment basis. Examples may include barbershops, beauty shops, shoe repair/shoeshine shops, tailor/garment repair shops, small household appliance repair shops, travel offices, and similar land uses. Adult and regulated uses are specifically excluded from this category.

Philanthropic institutions means a non-profit nongovernmental institution organized and operated for charitable purposes whose net income does not inure in whole or in part to the benefit of shareholders or individuals but through donated assets and income to provide socially useful services. Community foundations, endowments, hospitals, educational institutions founded by charity and charitable trusts are types of philanthropic organizations.

Picnicker means any person that visits a recreational vehicle park or campground but does not stay overnight and is not employed by the recreational vehicle park or campground.

Place of worship means a building, together with its accessory buildings and uses, where persons regularly assemble for religious purposes and related social events and which buildings and uses are maintained and controlled by a religious body organized to sustain religious ceremonies and/or purposes.

Planned development means a tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings.

Pole sign means a sign mounted on one (1) or more freestanding poles or pylons or other supporting base that is not as wide as the bottom of the sign.

Pole Sign

Political sign means any sign displayed in conjunction with an official election or referendum, used on behalf of candidates for elected public office or to advocate a position on referenda.

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

Portable sign means any sign attached to or mounted upon a frame intended to be moved from place to place. Such sign may be used as a temporary freestanding sign and may or may not include movable lettering.

Portable Sign

Primary open space means all non-buildable areas (except existing road rights-of-way), specifically wetlands, lands that are generally inundated (under ponds, lakes, creeks, etc.), land within the one hundred (100) year floodplain, slopes exceeding twenty-five (25) percent and soils subject to slumping. Primary open space areas are predetermined by the locations of these features.

Principal use means the main use of land or buildings as distinguished from a subordinate or accessory use.

Private airstrip means a private aircraft landing strip open to residents and invitees or open to ultra-light or short take-off and landing vehicles only.

Private clubs or lodges means an association organized and operated for persons who are bona fide members typically paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such associations are typically conducted by a board of directors, executive committee, or similar body chosen by the members. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary, and incidental to the common objectives of the organization, and further provided that such sale or service of alcoholic beverages and food is in compliance with all applicable Federal, State, County, and local laws and ordinances.

Projecting signs means a sign wholly or partly dependent upon a building for support, and which projects more than twelve (12) inches in a perpendicular fashion from such building.

Projecting Sign

Protected lands, for the purposes of commercial solar energy facilities and commercial wind energy facilities, shall have the same meaning as defined in 55 ILCS 5/5-12.

Public service facilities means a needed use in a large format to be used by the public, including filtration plants, pumping stations, and water reservoirs, gas regulator stations, sewage treatment plants, telecommunications hubs, electric substations, generators and booster stations and non-exempt governmental uses. The term "public service facilities" includes private or public entities.

Public utility means any person, firm, corporation, or municipal department duly authorized to furnish to the public, under public regulation, electricity, gas steam, telephone, sewers, transportation, or water.

Railroad right-of-way means a strip of land with tracks and auxiliary facilities for track operation, but not including depot loading platforms, stations, train sheds, warehouses, rail car shops, rail car yards, locomotive shops, water towers, etc., under regulation by the Interstate Commerce Commission (ICC).

Real estate sign means a sign used to advertise the sale or lease of an individual home, apartment, office, or retail development.

Real Estate Sign

Recreational areas means parks and open space devoted primarily to the pursuit of outdoor recreational activities such as golf courses, fishing lakes, playgrounds, trails and nature preserves, but the term "recreational areas" does not include outdoor commercial sporting activities. In cases of recreational vehicle parks and campgrounds, recreational areas are those which are set aside for non-camping use. Recreational areas may include space for service buildings and/or accessory buildings as well as natural open space, children's playgrounds and other recreational facilities.

Recreational vehicle (RV) means a vehicular portable structure designed as a temporary dwelling for travel, recreational or vacation uses, and to be used without a permanent foundation or a vehicle that is built on a single chassis, designed to be self-propelled or permanently towable by a light-duty vehicle, and designed primarily for recreation, camping, travel or seasonal use. Jet skis, boats, snowmobiles, or similar vehicles shall also be considered to be recreational vehicles for the purposes of parking regulations.

Recreational vehicle park or campground means a contiguous parcel of land which has been developed for the non-permanent placement of recreational vehicles and/or tents. Recreational vehicle parks may not be operated in whole or in part for the lease or rent of such vehicles by the park owners or operators, nor can any such vehicle be inhabited as a permanent place of abode.

Register means, in cases of recreational vehicle parks and campgrounds, a listing of the name, make of car, and license plate number of all campers and picnickers. Said list shall identify each person as a camper or a picnicker, the date the person arrived on the property, and the date that the person left the property. In the case of campers, the register shall also list the lots in which the person camped.

Rendering means a process that collects, cooks and processes bodies or parts of bodies of dead animals, poultry or fish, or used cooking grease and oils, for the purpose of salvaging hides, wool, skins or feathers, and for the production of animal, poultry, or fish protein, blood meal, bone meal, grease or tallow and converts it into stable, value-added materials. The term "rendering" includes any processing of animal products into more useful materials, or more narrowly to the rendering of whole animal fatty tissue into purified fats like lard or tallow.

Research and development means a building or group of buildings in which are located facilities for scientific research, experimental study, investigation, testing and experimentation, but not primarily facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Residency means the act or condition of residing or dwelling in a place.

Respite care means usually planned residential care for dependent, elderly or handicapped people, to provide relief for their permanent caregivers.

Restaurant means any land, building, or part thereof, other than a boardinghouse, where meals are provided for compensation, including a cafe, cafeteria, coffee shop, lunchroom, drive-in stand, tearoom, and dining room, including the service of alcoholic beverages when served with and incidental to the serving of meals, permitted by local option.

Rest home. See Nursing home.

Roadway right-of-way line means the edge of the public roadway right-of-way as dedicated or as shown as a prescriptive easement on a certified plat of survey, or the edge of a private roadway right-of-way dedicated as a common easement or commonly owned parcel. The width of such land shall be as required by Chapter 30. The Zoning Administrator shall determine the actual line to be used for determining zoning setback requirements.

Roof-mounted solar energy system means a solar energy system that is mounted on a rack that is fastened onto a building roof.

Roof sign means a sign mounted on the roof of a building.

Roof Sign

Runway means a strip or area of pavement used exclusively for the landing and taking off of aircraft, or for the movement of vehicles incidental to such use.

Sanitary landfill means a method of disposing of refuse by spreading and covering with earth to a depth of two (2) feet on the top surface and one (1) foot on the sides of the bank.

Seasonal festival means a temporary event held during a specified time of the year which is designed to enhance the sales of seasonal crops and related products produced in conjunction with existing agricultural businesses such as orchards, vineyards, nurseries and similar agricultural operations. Related activities may include, but are not limited to, corn mazes, wagon rides, pony rides, farm animal petting zoos, and pumpkin patches. Activities including amusement park rides, live music concerts, truck and tractor pull competitions are specifically prohibited from seasonal festivals.

Secondary open space means all buildable acreage protected as open space. Secondary open spaces shall include, at a minimum, a one hundred fifty (150) foot deep greenway buffer along all water bodies and watercourses, and a fifty (50) foot greenway buffer alongside arterial and major collector streets and wetlands. The location of secondary open space areas shall be guided by the maps and policies contained in the Land Resource Management Plan and shall typically include all or part of the following kinds of resources: mature woodlands, aquifer recharge areas, areas with highly permeable soil according to the County soil survey, significant wildlife habitats, sites listed by the critical trends assessment program of the State Department of Natural Resources, prime farmland, historic or traditional rural architecture reminiscent of the County's agricultural heritage, and scenic views into the property from existing public roads.

Self-service storage facility means a building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors' supplies.

Self-storage or mini-warehouse means a building consisting of individual, self-contained units that are leased or owned for the storage of business supplies and household goods. Business goods are limited to those not associated with any office, retail or other business or commercial use within the self-storage warehouse facility.

Service club means a voluntary non-profit organization where members meet regularly to perform charitable works either by direct hands-on efforts or by raising money for other organizations.

Service station means a place where gasoline, stored in underground tanks, kerosene, lubricating oil or grease, for operation of motor vehicles, are offered for sale directly to the public on the premises, and including minor accessories and the service of motor vehicles, but not including major motor vehicle repairs, and including washing of motor vehicles. When the dispensing sale or offering for sale of motor fuels or oil is incidental to the conduct of a motor vehicle repair facility, the premises shall be classified as a motor vehicle repair facility. Service stations shall not include sale or storage of automobiles or trailers (new or used).

Setback line, building. See Building setback line.

Short-term rental means a one (1) family dwelling, two (2) family dwelling, or accessory structure with residentially allowed occupancy permits that are rented for a maximum thirty (30) days.

Sign means a name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon 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 the flag, emblem or insignia of a nation, political unit, school or religious group. The term "sign" does not include a sign located completely within an enclosed building unless the contents shall be exposed to view from a street. Each display surface of a sign shall be considered to be a sign.

Animated Sign

Sign contractor means a person or entity who performs work for compensation in connection with the erection, construction, enlargement, alteration, repair, moving, improvement, maintenance, conversion or manufacture of any sign.

Sign structure means the sign and all parts associated with its mounting.

Sign supports means all structural features by which a sign is held up, including, for example, poles, braces, guys, and anchors.

Sign, business, means 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 a sign is located or to which it is affixed.

Sign, church bulletin board, means 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, means 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 chapter, any revolving, illuminated sign shall be considered as a flashing sign.

Sign, gross surface area of, means 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 intricate part of the display.

Sign, identification, means a structure, building wall or other outdoor surface used to display and identify the name of the individual business, profession, organization or institution occupying the premises upon which it is located.

Slaughterhouse means an establishment where animals are butchered for food.

Small poultry and small animal processing plant means operations in which the carcasses of slaughtered poultry are defeathered, eviscerated, cut up, skinned, boned, canned, salted, stuffed, rendered, or otherwise manufactured or processed. Poultry and small animals are defined as rabbits, chickens, turkeys, ducks, geese, guineas, squab (pigeons up to one (1) month old), and small game birds such as quail, pheasant, and partridge.

Solar collector means an assembly, structure, and the associated equipment and housing, designed for gathering, concentrating, or absorbing direct and indirect solar energy for which the primary purpose is to convert or transform solar radiant energy into thermal, mechanical, chemical or electrical energy.

Solar energy means radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

Solar energy system (SES) means all components required to become a complete assembly or structure that will convert solar energy into electricity for use.

Solar energy system, private, means a collection of one (1) or more solar collectors designed for use by the occupant of the zoning lot, planned development, commercial and industrial park, or subdivision on which or in which said system is located; excess power generation is limited to net metering or similar technology with regulations set by the local power utility, community, County, and State. Private solar energy system equipment shall conform to applicable industry standards, and applicants for building permits for private solar energy systems shall submit certificates from equipment manufacturers that the equipment is manufactured in compliance with industry standards.

Solar hot air system means an active solar energy system (also referred to as solar air heat or solar furnace) that includes a solar collector to provide direct supplemental space heating by heating and recirculating conditioned building air.

Solar hot water or solar thermal system means a system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.

Special event signs means a temporary sign associated with a special event on the property where the sign is located that exceeds the allowable amount of time and number of signs permitted under Section 36-1061(b). Such signs must be related to the special event occurring on the property.

Special use means any use of land or buildings, or both, described and permitted herein, subject to the provisions of Article II of this chapter.

Specified anatomical areas means:

(1)

Less than completely or opaquely covered:

a.

Human genitals;

b.

Pubic region;

c.

Buttock; and

d.

Female breast below a point immediately above the top of the areola;

(2)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse, fellatio or sodomy;

(3)

Fondling, kissing, or other erotic touching of specified anatomical areas.

Stable, livery, means any building, other than a private stable, designed, arranged, used or intended to be used for the storage of horses and horse-drawn livery, or both.

Stable, private, means any building, which is located on a lot on which a dwelling is located, and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling.

Stable, public (riding or boarding stables), means a building and grounds which are designed, arranged, used or intended to be used for the storage, boarding, breeding of horses, including accessory uses which may include riding and horsemanship and the hire of riding horses.

Stacking requirements means the number of cars and trucks that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishments.

Stand, roadside, means a structure for the display and sale of only agricultural products which are produced on the premises.

Story means that portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above, then the space between the floor and ceiling next above it. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof.

Story, half, means that portion of a building under a gable, hip or mansard roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four and one-half (4½) feet above the finished floor of each story. In the case of one (1) family dwellings, two (2) family dwellings and multiple-family dwellings less than three (3) stories in height, a half story in a sloping roof shall not be counted as a story for the purpose of this chapter. In the case of multiple-family dwellings three (3) or more stories in height, a half story shall be counted as a story.

Street means a way other than an alley, which affords a primary means of access to abutting property.

Street line means a line separating an abutting lot, piece or parcel from a street.

Structure means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a mobile home and a prefabricated building.

Structural alterations means any change other than incidental repairs which would prolong the life of the supporting members of a building or structure, such as bearing wall, column, beams, and girders.

Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term "substantial improvement" does not, however, include any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions, or any alteration of a structure or site documented as deserving preservation by the State Department of Conservation or listed on the National Register of Historic Places.

Supporting facilities, for the purposes of commercial solar energy facilities and commercial wind energy facilities, shall have the same meaning as defined in 55 ILCS 5/5-12.

Tavern or lounge means a building where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food.

Telecommunications stations means a system consisting of a transmitter, a transmission medium, or a receiver used for the transmission of information over significant distances for the purposes of communication.

Temporary means a duration of time no longer than seven (7) days, including weekends.

Temporary sign means any sign designed, constructed, or erected to display a message for a limited duration of time. Such signs include, but are not limited to, beacon or search light, grand opening, inflatable, political and special event signs, as well as any other sign which, by its definition and application in this chapter, is designated as a temporary sign.

Tent means a structure, enclosure, umbrella structure, or shelter, with or without side walls or drops, constructed of fabric or pliable material supported in any manner except by air or the contents it protects.

Terrace, open, means a level and rather narrow place or platform which, for the purpose of this chapter, is located adjacent to one (1) or more faces of the principal structure and which is constructed not more than four (4) feet in height above the average level of the adjoining ground.

Theater means an establishment used to observe films and other visual material which is neither an adult motion picture theater nor an adult mini-motion picture theater.

Thoroughfares means primary, secondary and collector, as defined by the official County Comprehensive Plan.

Toxic material means a substance (liquid, solid, or gaseous) which by reason of an inherent deleterious property tends to destroy life or impair health.

Trailer means every vehicle without motive power designed for carrying property and for being drawn by a motor vehicle.

Trailer, recreational, means a vehicular-type unit primarily designed as temporary living quarters for recreational, camping or travel use. It has a permanent chassis and it has its own motive power or is mounted on or towed by another vehicle. It is sometimes referred to as a travel trailer, camping trailer, truck camper, motor home or recreational vehicle.

Trailer camp or park means any premises occupied by or designed to accommodate two (2) or more automobile house trailers or mobile homes, or the parking of two (2) or more trailers for business or storage purposes.

Trailer, office or storage, means any trailer designed for temporary use for an office or storage and not used as living quarters, temporary or permanent.

Truck parking area or yard means any land used or intended to be used for the storage or parking of trucks, trailers, tractors, and including commercial vehicles, while not loading or unloading, and which exceeds one and one-half (1½) tons in capacity.

Truck stop means a facility that provides a much broader range of services than a typical service station. Such facilities are generally designed to accommodate the needs of commercial vehicles and interstate truck traffic in addition to the motoring public at large. Facilities may include one (1) or more buildings designed for the maintenance, servicing, storage or repair of commercial and passenger vehicles; for the dispensing of motor fuel and other petroleum products directly into motor vehicles and trucks; the sale of accessories or equipment for trucks and similar commercial vehicles; as well as areas for overnight parking and storage of such vehicles. A truck stop may also include overnight accommodations, car and truck wash facilities, showers and/or restaurant facilities, primarily for the use of truck crews and the traveling public.

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

Used car lot means a zoning lot on which used cars or new cars, trailers, or trucks are displayed in the open for sale or trade.

Used for includes the terms "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

Viewing device means any device, whether or not coin operated, which projects or displays visual images of moving and stationary objects, including, but not limited to, magic lanterns, films or slide projectors or other light projection devices, and video screens, cable receivers, or any electronic device which receives electromagnetic waves or electronic signals and displays the reconverted images on a screen.

Wall sign means any sign attached parallel to and supported by a wall or building, and within six (6) inches of such wall or painted on the wall surface of any building.

Wall Sign

Watchman means a person who maintains security on a piece of land and/or its structures to protect it from fire, vandals, or thieves.

Watercourse means any flowing body of water, including rivers, creeks, streams or waterways; not to include small swales, impressions or areas that puddle.

Wetlands means areas inundated or saturated by surface water or groundwater at a frequency or duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions.

Wind energy system, small, means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity that does not meet the kilowatt capacity in total nameplate generating capacity as defined by 55 ILCS 5/5-12 and which is intended to primarily reduce on-site consumption of utility power. If all applicable regulations are met, a small wind energy system may contain more than one wind energy conversion system. This system may power properties in planned developments, commercial and industrial parks, or subdivisions on which or in which said system is located.

Wind tower, for the purposes of commercial solar energy facilities and commercial wind energy facilities, shall have the same meaning as defined in 55 ILCS 5/5-12.

Window area means any transparent area on a facade through which the interior of a premises may be viewed from outside.

Window sign means any sign which is affixed or placed so that its message or image is read as a part of the total composition of a window area.

Wrecking yard means any place where two (2) or more 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 goods, articles, or merchandise.

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

Yard, corner side, means a yard extending across the full length of a corner side lot line and lying between the roadway right-of-way line and the nearest line of the buildings.

Yard, front, means a yard extending across the full width of the zoning lot and lying between the roadway right-of-way line and the nearest line of the buildings.

Yard, rear, means a yard extending across the full width of the zoning lot and lying between the rear line of the lot and the nearest line of the principal building.

Yard, required, means the area between the road right-of-way and/or the property line and the minimum distance established for the appropriate setback for either the front, side, or rear yard.

Yard, side, means the part of the yard lying between the nearest line of the principal building and a side lot line and extending from the required front yard (or from the front lot line if there is no required front yard) to the required rear yard.

Zoning Administrator means the Zoning Administrator appointed by the County Board and such deputies or assistants as have been or shall be duly appointed by the County Board. That officer is hereby authorized and it is the duty of the same to administer and enforce the orders as are necessary therefor, and requiring such plats, plans, and other descriptive materials in connection with application for permits as are necessary for the same to judge compliance with this chapter.

Zoning Board means the County Zoning Board of Appeals (ZBA).

Zoning lots means a contiguous piece of land in one (1) ownership irrespective of intervening waterways or rights-of-way for roads or utilities and further irrespective of the division of said land by survey, plat or otherwise which is or may be occupied by a use, or buildings, including the open spaces required by this chapter.

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

Zoning and Platting Advisory Committee (ZPAC) means an informal, strictly advisory committee and not a County Board committee comprised primarily of County staff and advisors. Membership includes, but is not limited to, representatives from the County PBZ Department, the Highway Department, the Health Department, the Sheriff's Department, Forest Preserve District, Soil and Water Conservation District, and the County Engineer or consultants. The PBZ Chairman or designee, as needed, from the Planning, Building and Zoning (PBZ) Committee shall serve on ZPAC.

(Ord. No. 2020-17, exh. D, §§ 3.00—3.02, 9-15-2020; Ord. No. 2020-24, §§ III, IV, 11-17-2020; Ord. No. 2022-18, 7-19-2022; Ord. No. 2023-17, § II, 5-16-2023; Ord. No. 2023-18, § II, 5-16-2023; Ord. No. 2023-24, §§ II—VI, 5-16-2023)

(a)

Any person, firm or corporation who violates any of the provisions of this chapter shall be guilty of a petty offense punishable by a fine not to exceed five hundred dollars ($500.00) with each week the violation remains uncorrected constituting a separate offense.

(b)

In addition to Subsection (a) of this section, the County may take summary steps to abate violations to this chapter and charge the violator with the cost of abating the violation. Upon nonpayment, the County may file a lien against the property.

(c)

In addition to the fines herein, the County shall be entitled to all costs of prosecution, including attorney's fees incurred by the County, and the cost, if any, of abating the violation.

(Ord. No. 2020-17, exh. N, § 13.11, 9-15-2020)

Adopted pursuant to the provisions of An Act in Relation to County Zoning, passed by the General Assembly of the State and enacted into law on June 28, 1935, and all amendments thereto (Division 5-12 of the Counties Code (55 ILCS 5.5-12001 et seq.)), this chapter serves the following purposes:

(1)

To promote the public health, safety, morals, comfort, and general welfare;

(2)

To conserve the values or property throughout the County and to protect the character and stability of agricultural, residential, business, and manufacturing areas, and to promote the orderly and beneficial development of such areas;

(3)

To provide adequate light, air, privacy, and convenience of access to property;

(4)

To lessen or avoid congestion in the public streets and highways;

(5)

To regulate and restrict the location and use of buildings, structures and restrict the intensity of such uses, and to establish building or setback lines outside the limits of incorporated cities, villages and towns;

(6)

To divide the entire County outside the limits of such cities, villages, and incorporated towns into districts of such number, shape, area, and of such different classes, according to the use of land and buildings, and the intensity of such use, as may be deemed best suited to carry out the purposes of this chapter;

(7)

To prohibit uses, buildings, or structures incompatible with the character of such districts, respectively;

(8)

To prevent additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed hereunder;

(9)

To protect against fire, panic, explosion, noxious fumes, flooding along natural watercourses and other hazards in the interest of public health, safety, comfort and general welfare;

(10)

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

(11)

To define and limit the powers and duties of the administrative officers and bodies as provided herein.

(Ord. No. 2020-17, exh. C, § 2:00, 9-15-2020)

(a)

Minimum requirements. The provisions of this chapter shall be held to be minimum requirements for the promotion of public health, safety, morals, and welfare.

(b)

Relationship with other laws. Where the conditions imposed by any provision of this chapter 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 of this chapter, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

(c)

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

(Ord. No. 2020-17, exh. E, § 4:01, 9-15-2020)

(a)

Change in structures or use. Except as may otherwise be provided in Article III of this chapter, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter shall be subject to all regulations of this chapter (which are applicable to all regulations of this chapter) which are applicable to the zoning districts in which such buildings, uses or land shall be located.

(b)

Nonconforming buildings, structures and uses. Any lawful buildings, structures or use existing at the time of the enactment of the ordinance from which this chapter is derived may be continued, even though such building, structure or use does not conform to the provisions of this chapter for the district in which it is located, and whenever a district shall be changed hereafter, then existing lawful use may be continued, subject to the provisions of Article III of this chapter.

(c)

Building permits. When a building permit for a building or structure has been issued in accordance with law prior to the effective date of the ordinance from which this chapter is derived, and provided that construction is begun within six (6) months 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 has been 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 Article III of this chapter.

(Ord. No. 2020-17, exh. E, § 4:02, 9-15-2020)

(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 in the district in which it is located.

(b)

Bulk. All new buildings and structures shall conform to the regulations established herein for the district in which each building is located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks and necessary appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other County ordinances.

(Ord. No. 2020-17, exh. E, § 4:03, 9-15-2020)

When a use is not specifically listed in the sections devoted to uses permitted, it shall be assumed that such uses are hereby expressly prohibited unless, by a written decision of the ZBA, it is determined that said use is similar to and not more objectionable than the use listed.

(Ord. No. 2020-17, exh. E, § 4:15, 9-15-2020)