The requirements and regulations specified hereinbefore in this chapter shall be subject to the additional requirements, exceptions, modifications and interpretations in the following.

(Code 1990, § 16-300; Ord. No. 93-1658, § 2(14.0), 4-19-1993)

Height limitations stipulated elsewhere in this chapter shall not apply:

(1)

To barns, silos or other farm buildings or structures on farms, provided these are not less than 50 feet from every lot line; to church spires, belfries cupolas and domes, monuments, water towers, fire and hose towers, masts and aerials; to parapet walls extending not more than four feet above the limiting height of the building. However, if in the opinion of the building inspector, such structures would adversely affect adjoining or adjacent properties, such greater height shall not be authorized except by the board of appeals.

(2)

To places of public assembly such as churches, schools and other permitted public and semi-public buildings not to exceed six stories or 75 feet, provided that for each foot by which the height of such building exceeds the maximum height otherwise permitted in the district its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in this district.

(3)

To bulkheads, conveyors, derricks, elevator penthouses, water tanks, monitors and scenery lofts; to monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height. Where a permitted use requires greater heights than specified, such may be authorized by the board of appeals.

(Code 1990, § 16-301; Ord. No. 93-1658, § 2(14.1), 4-19-1993)

(a)

Front yard requirements do not apply to bay windows or balconies occupying in the aggregate not more than one-third of the front wall, provided that these projections come entirely within planes drawn from either main corner of the front wall, making an interior angle of 22½ degrees in the horizontal plane with the front wall; to chimneys, flues, belt courses, leaders, sills, pilasters, uncovered porches, plantings or similar features not over three feet high above the average finished grade and distant five feet from every lot line.

(b)

In any district where the average depth of two or more existing front yards on lots within 100 feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed, front yards may be varied. The depth of the front yards or the average depth on the two lots immediately adjoining, or in the case of a corner lot, the depth of the front yard on the lot immediately adjoining; provided, however, that the depth of a front yard on a lot in any R district shall be at least ten feet and need not exceed 60 feet.

(Code 1990, § 16-302; Ord. No. 93-1658, § 2(14.2), 4-19-1993)

(a)

Abutting district boundaries. Along any district boundary line, any abutting side yard on a lot in the less restricted district shall have a least width equal to that required in the more restricted district. Where a lot in an M or B district abuts a lot in an R district, the side yard shall be increased by three feet for each story that the building proposed on such lot exceed the height limit of the R district.

(b)

Increase in size. Side yards shall be increased in width by two inches for each foot by which the length of the side wall of the building, adjacent to the side yard, exceeds 40 feet in any R-1 district or 50 feet in any R-2 district.

(c)

Reduction in size. Side yards may be reduced by three inches from the otherwise required least width of each side yard for each foot by which a lot of record at the time of enactment of the ordinance from which this article is derived is narrower than the lot width specified for the district in which the lot is located, in the case of buildings not higher than 2½ stories, and in case the owner of record does not own any adjoining property; provided, however, and irrespective of the provisions of subsection (f)(1) of this section, that no side yard shall be narrower at any point than three feet.

(d)

Measurement to centerline of adjoining alleys. Side yards may be measured to the centerline of adjoining alleys but in no case shall a building or structure for which a side yard is required be erected within three feet of such alley.

(e)

Corner lots. On a corner lot, the least width of a side yard along the side street lot line shall be equal to the required front yard along the side street.

(f)

Permitted structures or projections. Structures or projections into side yards may be permitted as follows:

(1)

Fences, planting or walls not over five feet above the average natural grade.

(2)

Fire escapes, three feet from side lot line.

(3)

Bays and balconies not more than three feet from the building, provided these projections are entirely within planes drawn from either main corner of the side wall, making an interior angle of 22½ degrees in the horizontal plane with the side wall. The sum of the lengths of such projection shall not exceed one-third of the length of the wall of the main building.

(4)

Chimneys, flues, belt courses, leaders, sills, pilasters and lintels, ornamental features, cornices, eaves, gutters and the like, into or over a required side yard not more than 1½ feet.

(5)

Terraces, steps, uncovered porches, stoops or similar features, not higher than the elevation of the ground story of the building and distant three feet from a side lot line.

(Code 1990, § 16-303; Ord. No. 93-1658, § 2(14.3), 4-19-1993)

(a)

Reduction in size. Rear yards may be reduced by three inches from the required least depth for each foot by which a lot at the time of enactment of the ordinance from which this article is derived is less than 100 feet deep, in the case of a building not higher than 2½ stories, and in case the owner of record does not own adjoining property to the rear; provided however, that no required rear yard shall be less than ten feet deep.

(b)

Measurement to the centerline of adjoining alleys. Rear yards may be measured to the centerline of adjoining alleys but in no case shall a building or structure be erected within ten feet of such an alley.

(c)

Permitted structures or projections. Structures or projections into rear yards may be permitted as follows:

(1)

Fences, planting or walls not over five feet above the average natural grade.

(2)

Fire escapes, six feet.

(3)

Bays and balconies, not more than three feet, provided these projections are entirely within planes drawn from either main corner of the rear wall, making an interior angle of 22½ degrees in the horizontal plane with the rear wall. The sum of the lengths of such projections shall not exceed one-half of the width of the rear wall.

(4)

Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like, into or over a required rear yard not more than 1½ feet.

(Code 1990, § 16-304; Ord. No. 93-1658, § 2(14.4), 4-19-1993)

(a)

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

Adult book stores means an establishment having as a substantial portion of its stock in trade, books, magazines, films for sale or viewing on the premises by use of motion picture devices or any other coin-operated means, 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 or an establishment with a segment or section devoted to the sale or display of such material.

Adult entertainment cabaret means a public or private establishment which is licensed to serve food and/or alcoholic beverages and which features topless dancers and/or waitresses, strippers, male or female impersonators, or similar entertainers.

Adult mini-motion picture theater means an enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to special sexual activities or specified anatomical areas for observation by patrons thereon.

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting motion pictures having as a dominant theme 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.

Body shop or model studio means any public or private establishment which describes itself as a body shop or model studio, or where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, or where, for any form of consideration of gratuity, nude and seminude dancing, readings, counseling sessions, body painting and other activities that present material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas are provided for observation by a communication to persons paying such consideration or gratuity.

Brand, branded, and branding shall refer to any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person by the aid of heated instruments comprised of metal or other material.

Building structure means any structure or group of structures housing two or more businesses which share a common entry, exist, wall or frontage wall, including, but not limited to, shopping centers, shopping malls, shopping plazas or shopping squares.

Cannabis business establishment means a cultivation center, craft grower, processing organization, dispensing organization, or transporting organization.

Craft grower means a facility operated by an organization or business that is licensed by the 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.

Cultivation center means a facility operated by an organization or business that is licensed by the Department of Agriculture to cultivate, process, transport, and perform other necessary activities to provide cannabis and cannabis-infused products to Cannabis Business Establishments.

Dispensing organization means a facility operated by an organization or business that is licensed by the Department of Financial and Professional Regulation to acquire cannabis from a cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies under the Cannabis Regulation and Tax Act to purchasers or to qualified registered medical cannabis patients and caregivers. A dispensing organization shall include a registered medical cannabis organization as defined in the Compassionate Use of Medical Cannabis Pilot Program Act that has obtained an Early Approval Adult Use Dispensing Organization License.

Massage means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, cremes, lotions, ointments or other similar preparations commonly used in this practice.

Massage establishment means any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on, or permits within or permits to be engaged in or carried on, any of the activities mentioned in the definition of "massage" in this section, but shall specifically exclude any person, firm or corporation holding a valid license issued by the State of Illinois as a massage therapist.

Medical cannabis cultivation center means a facility operated by an organization or business that is registered by the department of agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.

Medical cannabis dispensing organization, or dispensing organization, or dispensary organization, means a facility operated by an organization or business that is registered by the department of financial and professional regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis paraphernalia, or related supplies and educational materials to registered qualifying patients.

Palm reading, psychic reading, fortune telling means any activity performed for a fee by which the person performing the activity purports to or claims to foretell the future or any future event or occurrence, or to predict the happening or non-happening of any future event or occurrence, or to explain or recommend a future course of conduct for any other person as a response to any predicted future event, occurrence or activity.

Pierce, pierced or piercing means any method of perforating the skin for the purpose of attaching ornaments such as, but not limited to, earrings, rings or studs.

Processing organization means a facility operated by an organization or business that is licensed by the 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. A processing organization shall include an infuser organization or infuser, as such terms are defined in the Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et. seq.

Specified anatomical areas means any of the following conditions:

(1)

Less than completely and opaquely covered:

a.

Human genitals, pubic region or pubic hair;

b.

Buttock; or

c.

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

(2)

Human male genitals in a discernibly turgid state, even if completely covered.

Specified sexual activities means any of the following conditions:

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation or flagellation.

(3)

Fondling or erotic touching of human genitals, pubic region, buttock or female breast.

(4)

Excretory functions as part of or in connection with any activities set forth above.

Tattoo, tattooed and tattooing means any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to touch or puncture the skin.

Transporting organization means an organization or business that is licensed by the 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.

(b)

Adult uses enumerated. The following shall be considered adult uses for the purpose of this section:

(1)

Adult book stores;

(2)

Adult motion picture theater;

(3)

Adult mini-motion picture theater;

(4)

Adult entertainment cabaret;

(5)

Massage establishment but excluding any person, firm or corporation operating or practicing massage therapy and who is licensed by the State of Illinois as a massage therapist;

(6)

Body shop or model studio;

(7)

Tattoo parlor or establishment where tattoos are applied or created;

(8)

Body piercing or branding establishment;

(9)

Palm reader, psychic reader or fortune teller;

(10)

Medical cannabis cultivation center, as defined and regulated under the Compassionate Use of Medical Cannabis Pilot Program Act;

(11)

Medical cannabis dispensing organization, or dispensing organization, or dispensary organization, as defined and regulated under the Compassionate Use of Medical Cannabis Pilot Program Act; and

(12)

Cannabis business establishment.

(c)

Limitations on adult uses. Adult uses shall be permitted subject to the following restrictions:

(1)

No permit shall be issued for an adult use for any tract of real estate less than 660 feet from any other tract of real estate for which a permit for adult use has been previously granted.

(2)

No permit shall be issued for an adult use of any tract of real estate located less than 250 feet from any tract of real estate in an R-1, R-2, R-3, R-4, B-1 or B-2 zoning district.

(3)

No permit shall be issued for an adult use for any tract of real estate located less than 660 feet from any preexisting school or church.

(4)

No person shall be issued for an adult use to be located in a building structure containing any other business holding a license of the sale of alcoholic beverages.

(d)

Measurement of distances. For the purpose of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the tract of real estate for which a permit for an adult use has been issued to the nearest property line of another adult use, school, church or zoning district.

(e)

Preexisting uses. If any tract of real estate located within the city is being used for an adult use, as defined herein, as of the effective date of the ordinance from which this article is derived, then the person, firm, association or corporation owning or conducting such adult use shall not be required to obtain a special use permit as a condition to continued use of the tract, but such person, firm, association or corporation shall comply with all provisions of subsection (c) of this section within one year from the effective date of the ordinance from which this article is derived.

(f)

Exceptions. Nothing contained within this section shall be construed to include within the definition of "adult uses" of the performance or prescription of any type of massage or massage therapy by any of the following designated person so long as said massage or massage therapy is performed or prescribed in the course of the practice of that person's profession and in accordance with the rules, regulations, standards and requirements thereof:

(1)

A physician licensed under the Medical Practice Act of 1987 (225 ILCS 60/1 et seq.);

(2)

A physical therapist located under the Illinois Physical Therapy Act (225 ILCS 90/0.05 et seq.);

(3)

A physician assistant licensed under the Physician Assistants Practice Act of 1987 (225 ILCS 95/1 et seq.);

(4)

An athletic trainer licensed under the Illinois Athletic Trainers Practice Act (225 ILCS 2/1 et seq.);

(5)

A naprapathic practitioner licensed under the Naprapathic Practice Act (225 ILCS 63/1 et seq.);

(6)

A podiatrist or chiropodist licensed under Podiatric Medical Practice Act of 1987 (225 ILCS 100/1 et seq.);

(7)

A person who possesses a valid license, issued by the state department of financial and professional regulation, as a massage therapist.

(Code 1990, § 16-305; Ord. No. 93-1658, § 2(14.5), 4-19-1993; Ord. No. 95-1751, §§ 1—5, 7-24-1995; Ord. No. 95-1755, §§ 1—5, 7-24-1995; Ord. No. 96-1799, § 1, 10-15-1996; Ord. No. 99-1917, § 1, 12-21-1999; Ord. No. 2005-2128, § 1, 4-19-2005; Ord. No. 2013-2138, §§ 1—4, 12-17-2013; Ord. No. 2017-2314, §§ 1, 2, 6-6-2017; Ord. No. 2019-2446, §§ 2, 4, 11-5-2019)

(a)

Storage containers, meaning those units or containers which are intended to be used primarily for shipping goods or materials within the enclosed container on highways, rail lines or waterways, or consisting of truck compartments or trailers shall not be permitted to be used as an accessory structure or building within any zoning district and shall not be placed or located within any zoning district except districts classified as M-1 and M-2.

(b)

A violation of this section shall be punishable as a Class C violation as provided in section 1-41(a).

(Code 1990, § 16-306; Ord. No. 2008-2303, § 1, 11-18-2008; Ord. No. 2009-2317, § 1, 2-3-2009; Ord. No. 2010-2421, § 62, 10-5-2010; Ord. No. 2010-2423, § 1, 10-5-2010)

(a)

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

Temporary portable storage unit means any transportable container, storage unit, shed-like container or other portable structure that can be, is intended to be or is used for the storage of personal property on a limited basis at a residence, and which is located outside an enclosed building, but does not include an accessory building or shed which complies with the building codes of the city.

(b)

Permit required for temporary portable storage unit. It shall be the responsibility of the resident and/or provider of a temporary portable storage unit to apply for and obtain from the building official a permit for the placement of a temporary portable storage unit. The fee for issuance of such permit shall be $15.00 payable with the application. Issuance of the permit shall allow placement of a temporary portable storage unit at the location for which the permit is issued, for residential use only, for not more than 30 calendar days, and only one such storage unit shall be permitted at the same site at any one time. No more than two permits will be granted within each calendar year for any single location; provided, however, the building official, upon application, may grant an extension of time for use, not more than an additional 30 days, beyond the 30-day permit period and upon a showing of reasonable cause for such extension request.

(c)

Permitted locations. Temporary portable storage units shall be permitted only within those districts classified under the zoning ordinance of the city as R, shall be placed on the driveway or parking area of the residence where located, may not be located or placed within any setback area, within or encroaching into drainage areas or easements, or within the right-of-way of the public street, and shall be placed so as to not obstruct vehicular or pedestrian traffic or sight lines of vehicles traveling upon city streets.

(d)

Prohibited uses. Temporary portable storage units shall not be used to store waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for orders of property other than residents at the location for which the unit is permitted (e.g., retail sales) or any other illegal or hazardous material. Upon reasonable notice to the resident for which the permit was issued, the building official may inspect the contents of any temporary portable storage unit at reasonable times to ensure that the unit is not being used to store prohibited materials.

(e)

Construction or renovation use. At any location for which there exists a valid and active building permit for new construction or renovation and repair, a temporary portable storage unit may be utilized for the storage of construction tools or equipment, materials or supplies, or personal articles of the resident for the same time period within which the building permit is valid. A temporary portable storage unit used in a manner not specifically related to the construction shall be subject to the limits otherwise imposed by this section. Within five business days of the later of:

(1)

Expiration of the building permit;

(2)

Passage of all final inspection requirements; or

(3)

Issuance of a certificate of occupancy;

the temporary portable storage unit shall be removed.

(Code 1990, § 16-307; Ord. No. 2010-2423, § 2, 10-5-2010)