04 - Introductory Provisions and Definitions
This Title shall be known and may be cited as "The Zoning Ordinance of the Village of Princeville".
It is not intended by this Title to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws, ordinances, or resolutions, except those specifically repealed by the ordinance codified in this Title or amendments hereto, or with private restrictions placed upon property by covenant, deed, or other private agreement, or with restrictive covenants running with the land to which the Village is a party. Where this Title imposes a greater restriction upon land, buildings, or structures than is imposed or required by such existing provisions of law, ordinance, resolution, contract, or deed, the provisions of this Title shall control.
The following rules shall apply in the construction and interpretation of this Title and of the terms used herein:
A.
The present tense includes the future tense.
B.
The masculine gender includes the feminine and neuter.
C.
The singular number includes the plural, and vice versa.
D.
The word "shall" is always mandatory. The word "may" is always permissive.
E.
The word "person" includes a partnership, association, firm, trust, club, company or corporation as well as the individual.
F.
The words "used" or "occupied" or "located" as applied to any land, building, use, structure, or premises shall be construed to include the words "intended, arranged, or designed" to be used or occupied or located.
G.
The word "lot" includes the words "plot" and "parcel".
Unless otherwise expressly stated, for the purposes of this Title, the following terms, phrases, words, and their derivations, shall have the meanings indicated in this Section:
Accessory, as applied to a building structure, or use, means one which is on the same lot with, incidental and subordinate to the main or principal structure or use and which is used for purposes customarily incidental to the main or principal structure, or the main or principal use.
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 Illinois Department of Agriculture to cultivate, dry, cure, and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization pursuant to 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 Illinois Department of Agriculture to cultivate, process, transport, and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments pursuant to 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 Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers pursuant to 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 Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product pursuant to 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 Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product pursuant to 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 Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program pursuant to 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.
Alter or alteration means any change in the bearing walls, columns, beams, girders, or supporting members of a structure; any change or rearrangement in the floor area of a building, any enlargement of a structure whether by extending horizontally or by increasing in heights, or any movement of a structure from one location or position to another.
Block front means the property abutting on one side of a street and lying between the two (2) nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and railroad right-of-way, waterway, unsubdivided area, or other definite boundary.
CRTA means 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.
Dwelling means a building designed for residential living purposes and containing one (1) or more dwelling units or lodging units.
Dwelling unit means one (1) or more rooms constituting all or part of a dwelling which are used exclusively as living quarters for one (1) family and not more than two (2) roomers or boarders, and which contain a stove, sink and other kitchen facilities.
Family means: (a) an individual; or (b) two (2) or more persons related by blood, marriage, or adoption; or (c) maximum of five (5) persons not so related; together with their domestic servants and gratuitous guests maintaining common household in a dwelling unit or lodging unit.
Height means the vertical measurement from the average level of the surface or the ground immediately surrounding a structure to a point midway between the ridge and eave lines of the roof of the structure, or if unroofed, to the highest point of such structure.
Home occupation means a gainful occupation or profession conducted entirely within a dwelling or in a structure accessory thereto, or conducted in connection with a dwelling, and carried on by the residents therein, provided such occupation or profession is clearly incidental and secondary to the use of the dwelling for residential living purposes.
Junkyard means a lot, land, building, or structure, or part thereof used primarily for the collecting, storage, and/or sale of wastepaper, rags, scrap metal, or discarded material or for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in running condition and for the sale of parts therefrom.
Lot or zoning lot means a single property, parcel, unit, tract, plot, or otherwise designated portion of land, having metes and bounds, which is designated to be used, as a unit under single ownership or control, and which may be occupied by one (1) or more structures and the accessary structures, or uses customarily incidental to it, including such open spaces as are arranged and designed to be used in connection with such structure. A zoning lot may or may not coincide with a lot of record.
Lot, corner. Corner lot means a lot located:
1.
At the junction of and abutting two (2) or more intersecting streets;
2.
At the junction of and abutting a street and the nearest shoreline or high waterline of a storm or floodwater runoff channel or basin;
3.
At the junction of and abutting two (2) or more storm or floodwater runoff channels or basins;
4.
At and abutting the point of abrupt change of a single street where the interior angle is less than one hundred thirty-five degrees (135°) and the centerline radius of the street is one hundred (100) feet or less.
Lot depth means the average distance from the front to the rear lot lines measured in the general direction of the side lot lines.
Lot, interior. Interior lot means a lot other than a corner lot.
Lot width means the horizontal distance between the side lot lines, measured along a straight line between them at points in the side lot lines which are distant from the front lot line the required front yard depth.
Mobile home means a structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for one (1) or more persons. The term mobile home shall include manufactured homes constructed after June 30, 1976, in accordance with the Federal National Manufactured Housing Construction and Safety Standards Act of 1974.
Mobile home park means a tract of land or two (2) or more contiguous tracts of land upon which contain sites with the necessary utilities for five (5) or more independent mobile homes for permanent habitation either free of charge or for revenue purposes, and shall include any building, structure, vehicle, or enclosure used or intended for use as a part of the equipment of such mobile home park. Separate ownership of contiguous tracts of land shall not preclude the tracts of land from common licensure as a mobile home park if they are maintained and operated jointly. Neither an immobilized mobile home nor a motorized recreational vehicle shall be construed as being a part of a mobile home park.
Planning Commission means the Planning Commission of the Village, or if there is none, they shall mean the Tri-County Regional Planning Commission of Peoria, Tazewell and Woodford Counties.
Sanitary sewer means a constructed conduit for the collection and carrying of liquid and solid sewage wastes, other than storm waters, to a sewage treatment plant.
Sign means any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge, or insignia of any government or governmental agency, or any civic, charitable, religious, patriotic, fraternal or similar organization, or any sign indicating address. Each display surface of a sign shall be considered a sign.
Structure means anything constructed or erected with a fixed location on the surface of the ground or affixed to something having a fixed location on the surface of the ground, including but not limited to, buildings, walls, swimming pools, billboards, and signs.
Structure, main or principal. Main or principal structure means the structure in or on which is conducted the main or principal use of the lot on which it is located.
Subdivision means any division, development, or resubdivision of any part, lot, area or tract of land by the owner or agent, either by lots or by metes and bounds, into lots two (2) or more in number, for the purpose, whether immediate or future, of conveyance, transfer, improvement, or sale, with the appurtenant streets, alleys, easements, dedicated or intended to be dedicated to public use or for the use of the purchasers or owners within the tract subdivided. The division of land for agricultural purposes not involving any new street, alley, or other means of access, shall not be deemed a subdivision for the purpose of the regulations and standards of this Title.
Use means the specific purpose for which land, a structure or premises, is designed, arranged, intended or for which it is or may be occupied or maintained. The term permitted use or its equivalent shall not be deemed to include any nonconforming use.
Village means the Village of Princeville, Illinois.
Village Board means the governing body of the Village.
Yard means an open space, other than a court, on the same lot with the principal structure, lying between the principal structure and the nearest lot line, and is unoccupied and unobstructed from the surface of the ground upward except as may be specifically provided by the regulations and standards herein.
Yard, front. Front yard means a yard extending the full width of a lot and situated between the front lot line and the nearest line of the principal structure located on the lot. Where a lot is located such that its rear and front lot lines each abut a street right-of-way line, both such yards shall be classified as front yards. Every yard of a corner lot facing a street right-of-way line shall be classified as a front yard.
Yard, rear. Rear yard means a yard extending the full width of a lot and situated between the rear lot line and the nearest line of the principal structure located on the lot.
Yard, side. Side yard means a yard situated between the side lot line and the nearest line of the principal structure located on the lot and extending from the rear line of the front yard to the front line of the rear yard.
Zoning Board means the Zoning Board of Appeals of the Village.
Zoning Officer means the officer designated by the Village Board to enforce this Title.
(Ord. 2020-02-01, § 2, 2-3-20; Ord. 2021-09-02, 9-7-21)
04 - Introductory Provisions and Definitions
This Title shall be known and may be cited as "The Zoning Ordinance of the Village of Princeville".
It is not intended by this Title to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws, ordinances, or resolutions, except those specifically repealed by the ordinance codified in this Title or amendments hereto, or with private restrictions placed upon property by covenant, deed, or other private agreement, or with restrictive covenants running with the land to which the Village is a party. Where this Title imposes a greater restriction upon land, buildings, or structures than is imposed or required by such existing provisions of law, ordinance, resolution, contract, or deed, the provisions of this Title shall control.
The following rules shall apply in the construction and interpretation of this Title and of the terms used herein:
A.
The present tense includes the future tense.
B.
The masculine gender includes the feminine and neuter.
C.
The singular number includes the plural, and vice versa.
D.
The word "shall" is always mandatory. The word "may" is always permissive.
E.
The word "person" includes a partnership, association, firm, trust, club, company or corporation as well as the individual.
F.
The words "used" or "occupied" or "located" as applied to any land, building, use, structure, or premises shall be construed to include the words "intended, arranged, or designed" to be used or occupied or located.
G.
The word "lot" includes the words "plot" and "parcel".
Unless otherwise expressly stated, for the purposes of this Title, the following terms, phrases, words, and their derivations, shall have the meanings indicated in this Section:
Accessory, as applied to a building structure, or use, means one which is on the same lot with, incidental and subordinate to the main or principal structure or use and which is used for purposes customarily incidental to the main or principal structure, or the main or principal use.
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 Illinois Department of Agriculture to cultivate, dry, cure, and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization pursuant to 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 Illinois Department of Agriculture to cultivate, process, transport, and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments pursuant to 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 Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers pursuant to 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 Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product pursuant to 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 Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product pursuant to 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 Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program pursuant to 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.
Alter or alteration means any change in the bearing walls, columns, beams, girders, or supporting members of a structure; any change or rearrangement in the floor area of a building, any enlargement of a structure whether by extending horizontally or by increasing in heights, or any movement of a structure from one location or position to another.
Block front means the property abutting on one side of a street and lying between the two (2) nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and railroad right-of-way, waterway, unsubdivided area, or other definite boundary.
CRTA means 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.
Dwelling means a building designed for residential living purposes and containing one (1) or more dwelling units or lodging units.
Dwelling unit means one (1) or more rooms constituting all or part of a dwelling which are used exclusively as living quarters for one (1) family and not more than two (2) roomers or boarders, and which contain a stove, sink and other kitchen facilities.
Family means: (a) an individual; or (b) two (2) or more persons related by blood, marriage, or adoption; or (c) maximum of five (5) persons not so related; together with their domestic servants and gratuitous guests maintaining common household in a dwelling unit or lodging unit.
Height means the vertical measurement from the average level of the surface or the ground immediately surrounding a structure to a point midway between the ridge and eave lines of the roof of the structure, or if unroofed, to the highest point of such structure.
Home occupation means a gainful occupation or profession conducted entirely within a dwelling or in a structure accessory thereto, or conducted in connection with a dwelling, and carried on by the residents therein, provided such occupation or profession is clearly incidental and secondary to the use of the dwelling for residential living purposes.
Junkyard means a lot, land, building, or structure, or part thereof used primarily for the collecting, storage, and/or sale of wastepaper, rags, scrap metal, or discarded material or for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in running condition and for the sale of parts therefrom.
Lot or zoning lot means a single property, parcel, unit, tract, plot, or otherwise designated portion of land, having metes and bounds, which is designated to be used, as a unit under single ownership or control, and which may be occupied by one (1) or more structures and the accessary structures, or uses customarily incidental to it, including such open spaces as are arranged and designed to be used in connection with such structure. A zoning lot may or may not coincide with a lot of record.
Lot, corner. Corner lot means a lot located:
1.
At the junction of and abutting two (2) or more intersecting streets;
2.
At the junction of and abutting a street and the nearest shoreline or high waterline of a storm or floodwater runoff channel or basin;
3.
At the junction of and abutting two (2) or more storm or floodwater runoff channels or basins;
4.
At and abutting the point of abrupt change of a single street where the interior angle is less than one hundred thirty-five degrees (135°) and the centerline radius of the street is one hundred (100) feet or less.
Lot depth means the average distance from the front to the rear lot lines measured in the general direction of the side lot lines.
Lot, interior. Interior lot means a lot other than a corner lot.
Lot width means the horizontal distance between the side lot lines, measured along a straight line between them at points in the side lot lines which are distant from the front lot line the required front yard depth.
Mobile home means a structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for one (1) or more persons. The term mobile home shall include manufactured homes constructed after June 30, 1976, in accordance with the Federal National Manufactured Housing Construction and Safety Standards Act of 1974.
Mobile home park means a tract of land or two (2) or more contiguous tracts of land upon which contain sites with the necessary utilities for five (5) or more independent mobile homes for permanent habitation either free of charge or for revenue purposes, and shall include any building, structure, vehicle, or enclosure used or intended for use as a part of the equipment of such mobile home park. Separate ownership of contiguous tracts of land shall not preclude the tracts of land from common licensure as a mobile home park if they are maintained and operated jointly. Neither an immobilized mobile home nor a motorized recreational vehicle shall be construed as being a part of a mobile home park.
Planning Commission means the Planning Commission of the Village, or if there is none, they shall mean the Tri-County Regional Planning Commission of Peoria, Tazewell and Woodford Counties.
Sanitary sewer means a constructed conduit for the collection and carrying of liquid and solid sewage wastes, other than storm waters, to a sewage treatment plant.
Sign means any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge, or insignia of any government or governmental agency, or any civic, charitable, religious, patriotic, fraternal or similar organization, or any sign indicating address. Each display surface of a sign shall be considered a sign.
Structure means anything constructed or erected with a fixed location on the surface of the ground or affixed to something having a fixed location on the surface of the ground, including but not limited to, buildings, walls, swimming pools, billboards, and signs.
Structure, main or principal. Main or principal structure means the structure in or on which is conducted the main or principal use of the lot on which it is located.
Subdivision means any division, development, or resubdivision of any part, lot, area or tract of land by the owner or agent, either by lots or by metes and bounds, into lots two (2) or more in number, for the purpose, whether immediate or future, of conveyance, transfer, improvement, or sale, with the appurtenant streets, alleys, easements, dedicated or intended to be dedicated to public use or for the use of the purchasers or owners within the tract subdivided. The division of land for agricultural purposes not involving any new street, alley, or other means of access, shall not be deemed a subdivision for the purpose of the regulations and standards of this Title.
Use means the specific purpose for which land, a structure or premises, is designed, arranged, intended or for which it is or may be occupied or maintained. The term permitted use or its equivalent shall not be deemed to include any nonconforming use.
Village means the Village of Princeville, Illinois.
Village Board means the governing body of the Village.
Yard means an open space, other than a court, on the same lot with the principal structure, lying between the principal structure and the nearest lot line, and is unoccupied and unobstructed from the surface of the ground upward except as may be specifically provided by the regulations and standards herein.
Yard, front. Front yard means a yard extending the full width of a lot and situated between the front lot line and the nearest line of the principal structure located on the lot. Where a lot is located such that its rear and front lot lines each abut a street right-of-way line, both such yards shall be classified as front yards. Every yard of a corner lot facing a street right-of-way line shall be classified as a front yard.
Yard, rear. Rear yard means a yard extending the full width of a lot and situated between the rear lot line and the nearest line of the principal structure located on the lot.
Yard, side. Side yard means a yard situated between the side lot line and the nearest line of the principal structure located on the lot and extending from the rear line of the front yard to the front line of the rear yard.
Zoning Board means the Zoning Board of Appeals of the Village.
Zoning Officer means the officer designated by the Village Board to enforce this Title.
(Ord. 2020-02-01, § 2, 2-3-20; Ord. 2021-09-02, 9-7-21)