The zones or districts into which the village is herein divided shall be shown and delineated on a map of the village entitled "Official Zoning Map." Said map shall be signed and dated by the village clerk upon adoption. This official zoning map and all notations, dimensions, colors, references and symbols shown thereon shall be as much a part of this chapter as if fully described herein, and shall be filed with the village clerk as a part of this chapter. Said map, certified as showing the zones created and approved, shall be available for public reference in the offices of the village clerk and the zoning officer. Later alterations of said map, adopted by amendment, as hereinafter provided, shall be similarly dated, filed and made available for public reference.

(Ord. of 2-3-1956, § 1)

The erection and use of any new building or structure, or the relocation, enlargement or structural alteration of any existing building or structure, or any change in use, or new or additional use, made of any tract of land or of existing building or structure:

(1)

Shall be only those principal uses permitted, including any use or activity customarily incidental or accessory thereto, if compatible in character and extent with the district in which located and unless otherwise restricted or prohibited;

(2)

Shall provide and preserve the required building setback, front yard, side yard, rear yard, lot area per family, lot width, corner visibility and automobile parking areas;

(3)

Shall not exceed the vertical height limit; and

(4)

Shall not encroach upon or reduce the required open spaces surrounding any existing building;

all as specified in this chapter.

(Ord. of 2-3-1956, § 2)

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

Accessory building or use means an accessory building or use which:

(1)

Is subordinate to and serves a principal building or principal use.

(2)

Is subordinate in area, extent or purpose to the principal building or principal use served.

(3)

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

(4)

Is located on the same zoning lot as the principal building or principal use served.

Agriculture means land, including necessary buildings and structures, for the raising of soil crops or the raising of domestic animals as the principal occupation of the residents or users thereof. It shall also include truck farming, beekeeping, the raising of fruit and berries, and selling the products thereof, but shall not include garbage farming, as herein defined, or the keeping, raising or feeding of swine.

Alley means a public or private way permanently reserved or dedicated as a secondary means of access to abutting property.

Alterations, structural, means any change in the supporting members of a building or structure including, among others, any change in the bearing walls, columns, beams or girders, and floor joist, or rafters or changes in roof or exterior lines.

Apartment means a room or suite of rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one family.

Apartment hotel means a building or portion thereof designed for or containing both individual guestrooms or suites of rooms and dwelling units.

Appeals, board of, means a seven-member board empowered to investigate zoning applications, hear appeals, make recommendations to the board of trustees, and grant variations in specific cases.

Auto court means any establishment operating a hotel business in a single structure or group of structures consisting of individual sleeping or living units with garage attached or parking space conveniently located to each unit, for temporary use and occupancy by travelers and tourists; includes motels, tourist courts and motor lodges. A motel or auto court shall not be used as a quasi-permanent place of residence for the families of seasonal or transient workers.

Automobile repair means general repair, overall painting, engine repairing, or rebuilding, reconditioning of motor vehicles and trailers, collision service such as body, frame or fender straightening, etc.

Automobile wrecking yard means any place where three or more motor vehicles or trailers, not in running condition, or the parts thereof, are stored in the open and are not being restored to operation, or any land, buildings or structures used for the wrecking, sale or storage of such motor vehicles, trailers or the parts thereof.

Auto-trailer or auto-coach means any vehicle, without motor power, used or so constructed as to permit its being used as a conveyance upon the public streets and highways and licensable as such, constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons, and including also a self-propelled vehicle having a body designed as living quarters.

Billboard means any structure or portion thereof upon which a sign or advertisement used as an outdoor display, for the purpose of making anything known, is displayed. This definition does not include any bulletin board used to display official court or public office notices.

Billiard hall/pool room means any establishment having seven or more billiard or pool tables in the premises, regardless of any other purpose or function of said establishment. No alcohol can be given, sold, offered for sale, or consumed on the premises of any billiard hall/pool room.

Boardinghouse means a building, other than a hotel, where meals for three or more persons and not to exceed 20 persons are served for compensation to regular patrons by previous arrangement. If a number greater than 20 are regularly served, the establishment shall be classed as a restaurant.

Building means a permanently located, roofed, structure designed or intended for the enclosure, shelter or protection of persons, animals or other property. All forms of vehicles, even if immobilized, are excluded.

Building, height of, means the vertical distance from the established street grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, and to the mean height level between eaves and ridge for gable, hip and gambrel roofs. For buildings set back from the street line, the height may be measured from the average elevation of the normal finished grade along the front of the building.

Building, line of, means the boundary of any side of a building excluding:

(1)

Unenclosed porches not over one story in height;

(2)

Open steps or terraces at or below the first-floor level; and

(3)

Balconies, canopies and cornices projecting not more than 30 inches beyond the wall of the building.

Building, trailer park service, means a building, conveniently located in a trailer-coach park, housing separate toilet and bathing facilities for men and women and also having laundry facilities and a slop-sink.

Business or commerce means the purchase, sale or other transactions involving the handling or disposition of any articles, substances or commodities for profit or livelihood, or the ownership or management of office buildings, offices, recreational enterprises and amusements or the maintenance and use of offices by professions and trades rendering services.

Cannabis business establishment means a cultivation center, craft grower, processing organization, infuser organization, dispensing organization, or transporting organization, as defined and used in the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, 410 ILCS 705/1 et seq., and regulations promulgated thereunder.

Cannabis infuser organization or infuser means a facility operated by an organization or business that is licensed by the department of agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, as defined and used in the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, 410 ILCS 705/1 et seq., and regulations promulgated thereunder.

Cannabis-infused product means a beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis or cannabis concentrate that is not intended to be smoked, as defined and used in the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, 410 ILCS 705/1 et seq., and regulations promulgated thereunder.

Cannabis transporting organization or transporter means an organization or business that is licensed by the department of agriculture to transport cannabis or cannabis-infused product on behalf of a cannabis business establishment or a community college licensed under the community college cannabis vocational training pilot program, as defined and used in the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, 410 ILCS 705/1 et seq., and regulations promulgated thereunder.

Commerce. See "Business."

Convalescent home, nursing home or rest home means an establishment rendering nursing, dietary and other personal services to convalescents, invalids and aged persons, but excluding contagious or communicable diseases and excluding surgery.

City block means an area or plot of ground, usually square or rectangular in shape, designated and numbered as a block on the official map of the village, and so recorded with the county recorder of deeds.

Club means an association of persons for some common nonprofit purpose but not including groups organized to render services which are customarily carried on as a business.

Day nursery or nursery school means any establishment providing day care for children under the age of five years. In the absence of kindergartens, children between the ages of five and six years are sometimes included.

District or zone means a section of the village within which the regulations governing the use of land are the same.

Duplex residence means two-family dwellings separated only by a vertical party wall without openings. A duplex dwelling shall be considered as one building for the purpose of determining yard requirements.

Dwelling means a building or portion thereof designed exclusively for residential purposes, including one-family, two-family and multiple-family; but not including hotels, boardinghouses and lodginghouses, as herein defined.

Dwelling unit means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes.

Employees shall be based on the maximum number of persons on duty or residing, or both, on the premises at any one time.

Erected means set up, raised, built or moved into place.

Family, excepting domestic servants, means any number of persons related by blood or marriage, or not to exceed five persons not so related, using common cooking facilities and living and eating together on the premises as a single housekeeping unit.

Farm, poultry, means any tract of land on which poultry or poultry products are raised or produced for sale.

Farming, garbage, means the feeding of community or collected garbage or food waste to livestock or disposing of same in the open.

Filling station means a service station to supply motor fuel and oil to motor vehicles and including grease racks or elevators and minor tire repair and battery service; also the sale of auto accessories.

Floor area means the gross leasable area designed for tenant or owner occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from the centerlines of joint partitions and exteriors of outside walls. It shall not include areas used principally for utilities and space incidental to the management or maintenance of the building.

Garage, private, means a detached accessory building or portion of the main building designed, arranged, used or intended to be used for the storage of passenger automobiles of the occupants of the premises.

Garage, public, means a building, other than a private garage, used for the care, repair and equipping of automobiles and similar motor vehicles, or where such vehicles are kept for remuneration, hire or sale.

Garbage farming. See "Farming, garbage."

Gas station. See "Filling station" or "Super service station."

Home occupation means any occupation for gain or support conducted only by members of the family within its residence or incidental buildings, and provided that no article is sold or offered for sale except such as may be produced in the household by members of the family (example: the making of lace or artificial flowers). Not over a one-horsepower motor is permitted for use in such home occupation. Home occupation shall not be construed to include kennels and related services.

Hospital (also sanitarium) means an institution in which sick or injured human beings are given medical or surgical care and treatment, but not including hospitals primarily designed or operated for the care and treatment of mental cases or contagious diseases.

Hotel means a building or portion thereof in which lodging is offered and provided to transient guests for compensation either with or without meals.

Kennel means any premises wherein any person engages in the business of breeding, buying, selling or boarding of dogs and cats. As used herein, breeding shall include, but not be limited to, having two or more litters of any one species of animal during a one-year period.

Liquor store, package, means any establishment selling alcoholic liquor, as defined in section 10-2, at retail to the general public in sealed bottles or other sealed containers for consumption or use away from the premises where said establishment is located.

Lodginghouse means a building or premises where lodging is provided, for compensation, for three or more regular patrons and not to exceed 20 patrons, and not to transients.

Lot means land occupied or suitable for occupancy by one main building or use, together with its accessory buildings and including the open spaces required under these regulations. A lot may be land so recorded in the office of the county recorder of deeds or it may be and include a part of such recorded lot, or it may include parts of or a combination of several lots when adjacent to one another and used as one parcel. Open spaces required under these regulations for one building or use shall not be again used as open spaces required for another building or lot.

Lot, corner. A corner lot is one situated at the junction of and abutting on two or more streets.

Lot line means the lines bounding a lot as defined herein.

Lot line, front, means the line separating the lot from the street, in the case of an interior lot, and the line separating the narrowest street frontage of the lot from the street in the case of a corner lot.

Lot line, rear, means a lot line which is opposite and most distant from the front lot line and, in the case of irregular, triangular, or gore-shaped lots, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

Lot line, side, means any lot boundary line not a front lot line or a rear lot line.

Lot width means the horizontal distance between the side lot lines measured at right angles to the length of the lot depth at a point midway between the front and rear lot lines.

Motel. See "Auto court."

Nonconforming use. Any building or structure, or use of any building or structure, or tract of land, lawfully existing or under construction at the time of adoption of the ordinance from which this chapter is derived or of a later amendment, but the location or use of which does not conform with that required or permitted herein in the district in which it is located, shall be known as a nonconforming use.

Nursery school. See "Day nursery."

Nursing home. See "Convalescent home."

Package liquor store. See "Liquor store, package."

Parking area, public, means an open area other than a street or alley, used for the temporary parking of more than four automobiles or commercial motor vehicles, and available for public use, whether free, for compensation or as an accommodation for clients, customers or employees.

Poultry farm. See "Farm, poultry."

Residence, multiple-family, means a building designed for or occupied by three or more families living independently of each other.

Residence, single-family, means a detached building designed for or occupied by one family, and not to exceed two roomers or boarders, or both.

Residence, two-family, means a building designed for or occupied by two families living independently of each other. (See "Duplex.")

Rest home. See "Convalescent home."

Sanitarium. See "Hospital."

Seat means the space intended for one individual; in places where patrons or spectators occupy benches, pews or other seating facilities, each 20 inches of such seating facilities shall be counted as one seat.

Sign means any words, numerals, figures, devices, designs or trademarks by which anything is made known, other than a billboard, such as are used to indicate an individual, firm, profession or business, and are visible to the general public.

Site, building, means the ground area of a building or a group of buildings together with all open spaces as required by this chapter.

Spot zoning. When a small area, such as a single lot, or part thereof, is given a zoning other than that of the district in which it is located, for example; an isolated grocery store zoned for business use in a residential neighborhood, such practice is commonly referred to as "spot zoning."

Street means a public or private thoroughfare which affords the principal means of access to abutting property.

Street line means the boundary between the land dedicated for street purposes and abutting property.

Structure means anything erected, the use of which requires more or less permanent location on or in the ground or attached to something having a permanent location on or in the ground, including, among others, a billboard. Fences not over six feet in height, which do not seriously interfere with visibility, shall not be included.

Super service station means a gas station or filling station to supply motor fuel and oil to motor vehicles, and which may include grease racks, wash racks or pits, tire repair, recapping, but with equipment limited to three moulds, battery servicing and repair, ignition service, accessory sales and other customary services for automobiles; but not to include engine or body repair and the storage of motor vehicles.

Tavern means an establishment for the retail sale of beer, wine, distilled liquors and other intoxicating beverages, for use or consumption upon the premises, and licensed as such. The term "tavern" may include a package store business.

Trailer-coach. See "Auto-trailer."

Trailer-coach space means a plot of ground within a trailer park designed for the accommodation of one trailer-coach.

Trailer park or trailer camp means any plot of ground upon which two or more trailer-coaches, occupied for dwelling or sleeping purposes, are located.

Use means the purpose or purposes for which land, buildings or structures are arranged, designed or intended, or for which they may be occupied or maintained.

Variation or variance means a modification of the application of this chapter in specific cases where practical difficulties or particular hardships, not intended, or not common to other property owners in the vicinity, would result from following the strict letter of this chapter.

Wrecking yard, automobile. See "Automobile wrecking yard."

Yard, front, means a yard extending across the front of a lot between the inner side yard lines and measured between the front line of the lot and the front line of the main building.

Yard, rear, means a yard which extends across the entire width of a lot between the extreme rear line of the lot and the extreme rear line of any building other than an accessory building.

Yard, side, means a yard between the side line of the main building and the side line of the lot, said yard extending from the front line of the lot to the required rear yard.

Zone. See "District."

Zoning block means all property fronting upon one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street or village boundary. An intercepting street shall determine only the boundary of the block on the side of the street it intercepts.

Zoning officer means any person employed, appointed, or ex-officio, designated and empowered by the board of trustees to receive zoning applications, inspect buildings, and building sites, make decisions, issue permits and otherwise administer this chapter, in conformity with the rules and regulations herein.

(Ord. of 2-3-1956, § 3; Ord. No. 811, § 2, 6-5-2001; Ord. No. 827, § 2, 11-19-2002; Ord. No. 848, § 2, 12-16-2003; Ord. No. 906, § 2, 5-1-2007; Ord. No. 1125, § 2, 5-3-2022)

Any building or structure, or use of any building or structure, or tract of land, lawfully existing or under construction at the time of the adoption of the ordinance from which this chapter is derived or of a later amendment thereof, but the location or use of which does not conform to that required or permitted in the regulations herein, shall be known as "nonconforming" and may remain and the use then being made thereof may be continued. However, any enlargement, alteration, relocation, or change in use of such building, structure or tract of land shall be only as herein provided:

(1)

Expansion limited. A nonconforming use occupying a part of a building or structure may be extended only throughout that part of said building or structure originally designed for such use, but in no case shall an addition be made which will provide for an expansion of the nonconforming use. A use customarily incidental to a residence shall not be expanded beyond an area that is clearly incidental to the amount used for residential purposes. A nonconforming use of land shall not be expanded beyond the area actually so used at the time of the passage of the ordinance from which this chapter is derived, or at the time of a later amendment creating the nonconformity.

(2)

Change of use. Whenever a nonconforming use has been changed to a use of higher classification or to a conforming use, such use shall not thereafter be changed to one of lower classification. In no case of nonconformity shall a change in use be made to one of lower classification.

(3)

Discontinuance. If a nonconforming use is discontinued for a period of one year, any further use of the structure or property shall be in conformity with the provisions of this chapter.

(4)

Destruction or damage. No building or structure, devoted to a nonconforming use, which has been damaged by fire or otherwise to the extent of more than 50 percent of its full, fair cash value at the time of loss shall be repaired or rebuilt, and no building or structure shall be hereafter erected and used upon any land devoted to a nonconforming use, except in conformity with the regulations of this chapter.

(5)

Repairs. So long as a building or structure is used or is eligible for use in a nonconforming manner, only ordinary repairs and maintenance, including shingling of outer walls and replacement of roof covering, shall be permitted. In no case shall such repairs include structural alterations, veneering of outer walls or other work which will appreciably extend the normal life of the building.

(6)

Records. The zoning officer shall make and keep a record, including photographs, of all buildings, structures and land uses which do not conform to the use regulations of the zone or district in which they are located.

(Ord. of 2-3-1956, § 4)

(a)

Jurisdiction. The provisions of this chapter shall apply to all territory within the corporate limits of the village at the time the ordinance from which this chapter is derived is adopted and declared effective. Any territory subsequently annexed to the village shall be automatically placed in the residential zone or district until otherwise classified by amendment as herein provided.

(b)

Surrounding territory. All territory adjacent to the village is subject to county zoning regulations, however, state statutes give the village a measure of control over such adjacent territory, within 1½ miles of the corporate limits of the village.

(c)

Exemption for utility distributing equipment. As required by state statute, the type or location of any poles, wires, cables, conduits, vaults, laterals or other similar distributing equipment of a public utility are exempt from the provisions of this chapter.

(d)

Underground installations. Pipe lines and other underground installations, to the extent that same are completely buried beneath the surface of the soil, are exempt from the requirements of this chapter, provided that any incidental structures, installations or equipment, excepting markers, used in connection with such pipe lines or underground installations, and which protrude or are extended above the surface of the soil, shall, to the extent of such protrusion or extension, be subject to all of the applicable provisions of this chapter.

(e)

Agricultural exemption. While no provision is made in this chapter for an "F" or agricultural zone, land suitable for agriculture may be acquired at some future time through annexation. Such territory is entitled to certain statutory exemptions. Buildings, structures or land used principally for agriculture are exempt from all requirements of this chapter except setback regulations. However, in the interest of public health, a residence, and its water supply and sewage disposal facilities, in connection with an agricultural use, shall not be exempt.

(f)

Temporary and accessory buildings and structures.

(1)

A construction permit shall include temporary buildings and structures incidental to construction work, which buildings or structures shall be removed within 60 days after the completion or abandonment of said construction work.

(2)

A building permit for a residence or main building may include an accessory building, such as a garage, provided such accessory building or buildings are included in the original application to the zoning officer, and are completed within 90 days after the completion of the main building. Accessory buildings constructed at a later date shall require a separate building permit.

(Ord. of 2-3-1956, § 5)

Land hereafter annexed to the corporate area of the village shall thereby automatically be classified in the highest residential district (R-1) until, after careful investigation and inquiry, public hearing and recommendation by the zoning board of appeals, the board of trustees shall rezone it in conformity to the terms and provisions of this chapter. Due consideration shall be given to location, topography, current use, building trends, and the zoning of adjacent property and to the classification previously assigned to said annexed territory under county zoning.

(Ord. of 2-3-1956, § 29)

(a)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of public health, safety, morals, comfort and general welfare.

(b)

Due allowance shall be made for existing conditions, the conservation of property values, and the direction of building development to the best interest of the entire village.

(c)

It is not intended by this chapter to interfere with or abrogate or annul any ordinance, resolution, rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this chapter, relative to the use of buildings, structures or land, nor is it intended by this chapter to interfere with, abrogate or annul any easements, deed covenants or other agreements between parties; provided, however, that whenever this chapter imposes a greater restriction upon the use of buildings, structures or land, or requires a greater setback, then the provisions of this chapter shall prevail.

(Ord. of 2-3-1956, § 30)