In accordance with Illinois Revised Statutes, chapter 24, paragraph 11-13-1 et seq., this chapter regulates structures and land uses in order to preserve, protect, and promote the public health, safety, and welfare through implementation of this municipality's comprehensive plan. More specifically, this chapter is intended to assist in achieving the following objectives:

(1)

To encourage the development of buildings and uses on appropriate sites in order to maximize community-wide social and economic benefits while accommodating the particular needs of all residents, and to discourage development on inappropriate sites.

(2)

To protect and enhance the character and stability of sound existing residential, commercial, and industrial areas, and to gradually eliminate nonconforming uses and structures.

(3)

To conserve and increase the value of taxable property throughout this municipality.

(4)

To ensure the provision of adequate light, air, and privacy for the occupants of all buildings.

(5)

To protect property from damage caused by fire, flooding, poorly controlled stormwater runoff, and adverse soil and topographical conditions.

(6)

To provide adequate and well-designed parking and loading space for all buildings and uses, and to reduce vehicular congestion on the public streets and highways.

(7)

To guide the provision of water mains, sanitary sewers, stormwater sewers, and other utilities and services, and to reduce the initial costs and future maintenance expenses thereof.

(8)

To provide for the efficient administration and fair enforcement of all the regulations set forth in this chapter.

(9)

To clearly and concisely explain the procedures for obtaining variances, special use permits, amendments, and the like.

(Ord. No. 82-14, § 1-1, 7-19-82)

This chapter shall be applicable within the corporate limits of this municipality and within all territory located within one and one-half (1½) miles of such limits, provided such territory is not located within the zoning jurisdiction of another municipality.

(Ord. No. 82-14, § 1-2, 7-19-82)

In construing the intended meaning of terminology used in this chapter, the following rules shall be observed:

(1)

Words and phrases shall have the meanings respectively ascribed to them in section 23-4 unless the context clearly indicates otherwise; terms not defined in section 23-4 shall have their standard English dictionary meanings.

(2)

Words denoting the masculine gender shall be deemed to include the feminine and neuter genders.

(3)

Words used in the present tense shall include the future tense.

(4)

Words used in the singular number shall include the plural number, and the plural the singular.

(5)

The term "shall" is mandatory; the term "may" is discretionary.

(6)

The term "this municipality" shall mean the city.

(7)

The words "lot," "parcel," "tract," and "site" shall be synonymous.

(8)

The words "extend," "enlarge," and "expand" shall be synonymous.

(9)

The words "abutting," "adjacent," and "contiguous" shall be synonymous.

(10)

All distances shall be measured to the nearest integral foot; six (6) inches or more shall be deemed one (1) foot.

(11)

References to sections shall be deemed to include all subsections within that section; but a reference to a particular subsection designates only that subsection.

(12)

A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited.

(Ord. No. 82-14, § 2-2, 7-19-82)

Cross reference— Definitions and rules of construction generally, § 1-2.

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:

Abutting means having a common lot line or district line.

Accessway means a curbcut, ramp, driveway or other means of providing vehicular access to an off-street parking or loading area.

Accessory use means any structure of use that is:

(1)

Subordinate in size or purpose to the principal structure or use which it serves.

(2)

Necessary or contributing to the comfort and convenience of the occupants or the principal structure or use served.

(3)

Located on the same lot as the principal structure or use served.

Administrator means the official appointed by the mayor of this municipality with the advice and consent of council to administer this chapter or his representative, and is synonymous with "zoning administrator."

Agriculture means any one (1) or any combination of the following: The growing of farm or truck garden crops, dairying, pasturage, horticulture, floriculture, viticulture, or animal/poultry husbandry. The term "agriculture" encompasses the farmhouse, and accessory uses and structures customarily incidental to agricultural activities.

Aisle means a vehicular traffic way within an off-street parking area, used as a means of access/egress from parking spaces.

Alley means a public right-of-way which affords a secondary means of vehicular access to abutting premises that front on a nearby street.

Alter means to change the size, shape, or use of a structure.

Amendment means a change in the provisions of this chapter (including those portions incorporated by reference), properly effected in accordance with state law and the procedures set forth herein.

anchor means any approved device to which a mobile home is tied down to keep it firmly attached to the stand on which it is placed.

Asphaltic concrete means a mixture of petroleum by-products and gravel used for paving to form a smooth, permanent surface. "Asphaltic concrete" does not mean "oil and chip."

Attached means, as applied to buildings, having a wall and/or a common roof.

Basement means a story having one-half or more of its height below the average level of the adjoining ground.

Block means an area of land entirely bounded by streets, highways, barriers, or ways (except alleys, pedestrian ways, or exterior boundaries of a subdivision unless exterior boundary is a street, highway, or way), or bounded by a combination of streets, public parks, cemeteries, railroad rights-of-way, waterways, or corporate boundary lines.

Board of appeals means the board of zoning appeals of this municipality.

Boardinghouse means a residential building or portion thereof, other than a motel or hotel, containing lodging rooms for accommodation of three (3) to ten (10) persons who are not members of the keeper's family, and where lodging or meals or both are provided by prearrangement and for definite periods, but not on an overnight or per-meal basis to the transient public.

Buffer strip means an area of land, undeveloped except for landscaping, fences, etc., used to protect a use situated on one (1) lot from the deleterious effects of the use on the adjacent lot.

Building means any covered structure permanently affixed to land and designed or used to shelter persons or chattels.

Building height means the vertical distance measured from the average grade at the front wall of a building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs. Chimneys, towers, cooling towers, and similar projections (other than signs) shall not be included in calculating building heights.

Building line means the line nearest the front of and across a lot, delineating the minimum open space required between the front of a structure and the street right-of-way.

Bulk means any one (1) or any combination of the following structural or site design characteristics:

(1)

Size or height of structure.

(2)

Location of exterior walls at all levels in relation to lot lines.

(3)

Lot area.

(4)

Yards or setbacks.

Centerline means:

(1)

The centerline of any right-of-way having a uniform width.

(2)

The original centerline, where a right-of-way has been widened irregularly.

(3)

The new centerline, whenever a road has been relocated.

Certificate of zoning compliance, final means a permit issued by the administrator indicating that a newly completed structure complies with all pertinent requirements of this chapter and may, therefore, be occupied or used.

Certificate of zoning compliance, initial means a permit issued by the administrator indicating that the proposed construction work is in conformity with the requirements of this chapter and may, therefore, proceed.

Clinic means an establishment wherein licensed physicians or dentists practice medicine or dentistry, but where overnight lodging for sick or injured persons is not provided.

Club/lodge means a nonprofit association of persons who are bona fide members organized for some purpose(s) and paying regular dues and whose facilities are restricted to members and their guests; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

Commercial/large scale solar refers to a utility scale commercial facility that converts sunlight to electricity, whether by photovoltaics, concentrating solar thermal devices, or various experimental technologies for onsite or offsite use with the primary purpose of selling wholesale or retail generated electricity.

Commercial use/establishment means any use or establishment wherein goods are purchased or sold, whether to the consuming public (retail) or to other businesses (wholesale).

Community-integrated living arrangement (CILA) means a living arrangement certified by an agency where eight (8) or fewer individuals with a mental or developmental disability reside together in a home under the supervision of the agency and are provided with an array of services. (Section 3(d) of the Community-Integrated Living Arrangements Licensure and Certification Act.) Illinois CILAs are licensed and governed by the Illinois Department of Human Services.

Comprehensive plan means the plan or any portion thereof adopted by this municipality to guide and coordinate the physical and economic development of the community. The comprehensive plan includes, but is not limited to, plans and programs regarding the location, character, and extent of highways; bridges, public buildings or uses; utilities; schools; residential, commercial or industrial land uses; parks; drainage facilities; etc.

Conforming means in compliance with the applicable provisions of this chapter.

Convenience shop means any small retail commercial or service establishment offering goods/services primarily to the residents of a particular multiple-family complex, mobile home park, or similar development.

Corrective action order means a legally binding order issued by the administrator in accordance with the procedures set forth in this chapter to effect compliance with this chapter.

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. Craft growers must comply with 410 ILCS 705: Cannabis Regulation and Tax Act.

Day care center means any care facility with or without stated educational purposes, receiving thirteen (13) or more children for care during all or part of a day, licensed and operating under the provisions of the Child Care Act of the State of Illinois.

Day care home means any in-home child care facility receiving a minimum of four (4) unrelated children to a maximum number of twelve (12) children, for care during all or part of a day as allowed by license through the State of Illinois:

(1)

An assistant who may or may not be a member of the family residing in the dwelling unit may be employed.

(2)

A separate entrance shall not be provided in conjunction with the conduct of the occupation.

(3)

No alteration of any kind shall be made to the principal building which changes its residential character as a dwelling unit.

(4)

No sign shall be permitted on the premises except a nameplate of one (1) square foot in area mounted flush against the side of the home.

(5)

The day care home shall be conducted in such a manner that it does not create parking or traffic congestion or a nuisance for the abutting or adjoining neighbors or for the immediate neighborhood.

(6)

Garages or carports, whether attached or detached, shall not be used for day care home operation.

(7)

A minimum fenced enclosure of six hundred (600) square feet shall be provided.

Day care group home means any in-home child care facility receiving a minimum of four (4) unrelated children to a maximum number of sixteen (16) children, for care during all or part of a day as allowed by license through the State of Illinois:

(1)

An assistant who may or may not be a member of the family residing in the dwelling unit may be employed.

(2)

A separate entrance shall not be provided in conjunction with the conduct of the occupation.

(3)

No alteration of any kind shall be made to the principal building which changes its residential character as a dwelling unit.

(4)

No sign shall be permitted on the premises except a nameplate of one (1) square foot in area mounted flush against the side of the home.

(5)

The day care group home shall be conducted in such a manner that it does not create parking or traffic congestion or a nuisance for the abutting or adjoining neighbors or for the immediate neighborhood.

(6)

Garages or carports, whether attached or detached, shall not be used for day care home operation.

(7)

A minimum fenced enclosure of six hundred (600) square feet shall be provided.

Detached means, as applied to buildings, surrounded by yards on the same lot as the building.

Develop means to erect any structure or to install any improvements on a tract of land, or to undertake any activity (such as grading) in preparation therefor.

Dimensions refer to both lot depth and lot width.

District zoning means a portion of the territory of this municipality wherein certain uniform requirements or various combinations thereof apply to structures, lots, and uses under the terms of this chapter.

Driveway means a minor way commonly providing vehicular access to a garage or off-street parking area.

Drive-in restaurant means an establishment principally used for the sale of fast-order food. Fast-order food means food that is:

(1)

Primarily intended for immediate consumption.

(2)

Available after a short waiting time.

(3)

Packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold.

Drive-in theater means a tract of land developed with facilities for projecting motion pictures on an outdoor screen for viewing from the patrons' automobiles parked on the premises.

Dwelling means a building or portion thereof designed or used primarily as living quarters for one (1) or more families, but not including hotels, motels, or other accommodations for the transient public.

Dwelling, multiple-family means a building or portion thereof containing three (3) or more dwelling units.

Dwelling, single-family means a detached dwelling containing one (1) dwelling unit and intended for the occupancy of one (1) family.

Dwelling, two-family means a dwelling containing two (2) dwelling units.

Dwelling unit means one (1) or more rooms designed or used as living quarters by one (1) family. A "dwelling unit" always includes a bathroom and kitchen.

Easement means a right to use another person's real property for certain limited purposes.

Enclosed means, as applied to a building, covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior walls or by common walls, with openings only for windows and doors.

Enlarge means to increase the size (floor area, height, etc.) of an existing principal structure or accessory use, or to devote more land to an existing use.

Erect means to build, construct.

Establishment means either of the following:

(1)

An institutional, business, commercial or industrial activity that is the sole occupant of one (1) or more buildings.

(2)

An institutional, business, commercial or industrial activity that occupies a portion of a building such that:

a.

The activity is a logical and separate entity from the other activities within the building and not a department of the whole; and

b.

The activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.

Existing means actually constructed or in operation on the effective date of Ordinance No. 82-14.

Family means one (1) person, or two (2) or more persons related by blood, marriage, or legal adoption, or not more than three (3) unrelated persons, maintaining a common household in a dwelling unit.

Flood elevation, regulatory means the elevation of the most severe flood that, on the basis of corps of engineer's data, may be expected to occur once every one hundred (100) years.

Floodplain area means the area adjacent to a watercourse and its tributaries having an elevation equal to or lower than the regulatory flood elevation. Tracts of land less than ten (10) acres in area that, naturally or by landfill, have an elevation higher than the regulatory flood elevation shall be included in the floodplain area if they are surrounded by land in the floodplain area.

Floor area, gross means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center of the common walls of attached buildings. "Gross floor" area includes basement floors; attic floor space; halls, closets, stairwells; space devoted to mechanical equipment; and enclosed porches.

Frontage means the lineal extent of the front (street-side) of a lot.

Garage or yard sale means any sales activity conducted on any part of a residential premises situated in an RS-1, RS-2, RS-3, RS-4 and RS-5 district involving the sale of used household goods, including but not limited to small appliances, household furniture, items of clothing, miscellaneous light hardware, machinery, and lawn and garden supplies and equipment, to the general public. Garage and yard sales do not include bona fide auction sales conducted by professional auctioneers.

Greenhouse (See "Nursery.")

Hereafter means any time after the effective date of Ordinance No. 82-14.

Home occupation means any business, profession, or occupation conducted for gain entirely within a dwelling or on residential premises in conformity with the provisions of this chapter.

Hospital means an institution devoted, on an around-the-clock basis, to the maintenance and operation of facilities for the diagnosis, treatment, or care of members of the general public suffering from disease, injury, or other abnormal physical conditions. The term "hospital" as used in this chapter includes sanitariums but excludes institutions operating solely for the treatment of insane persons, drug addicts, and alcoholics, and convalescent/nursing homes.

Immobilize means, as applied to a mobile home, to remove the wheels, tongue, and hitch, and the installation of skirting and anchoring devices.

Intensify means to increase the level or degree of.

Intersection means the point at which two (2) or more public rights-of-way (generally streets) meet.

Junkyard means a tract of land, including any accessory structures thereon, that is used for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste or scrap materials. Such scrap materials include vehicles, machinery, and equipment not in operable condition (or parts thereof), and metals, glass, paper, plastics, rags, and rubber tires. A lot on which one (1) or more inoperable vehicles are stored shall be deemed a junkyard. A "junkyard" includes an automobile wrecking yard.

Kennel means any structure or premises or portion thereof on which more than three (3) dogs, cats, or other household domestic animals over four (4) months of age are kept.

Loading space means an off-street space used for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

Lot means a tract of land intended as a unit for the purpose (whether immediate or future) of transfer of ownership or development. A "lot" may or may not coincide with a "lot of record."

Lot area means the area of a horizontal plane bounded by the front, side, and rear lines of a lot. Application of minimum lot width and minimum lot depth should not be construed to satisfy minimum lot size.

Lot, corner means a lot having at least two (2) adjacent sides that abut for their full length upon streets. Both such side lines shall be deemed front lot lines.

Lot coverage means the portion of a lot that is occupied by buildings or structures, including accessory buildings or structures.

Lot depth means the average horizontal distance between the front lot line and the rear lot line of a lot.

Lot line, front means the lot boundary abutting the street right-of-way.

Lot line, rear means an interior lot line which is most distant from and most nearly parallel to the front lot line.

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

Lot size requirements refers to the lot area, width, and depth requirements of the applicable district.

Lot, through means a lot having a pair of approximately parallel lot lines that abut two (2) approximately parallel streets. Both such lot lines shall be deemed front lot lines.

Lot width means the mean horizontal width of a lot measured at right angles to the side lot lines.

Maintenance means the routine upkeep of a structure, premises, or equipment, including the replacement or modification of structural components to the extent necessary to keep such structure in sound condition.

Manufactured housing means classes A, B, C or D, which are further defined as follows:

(1)

Class A: Modular housing: A building assembly or system of subassemblies, designed for habitation as a dwelling unit, including the necessary electrical, plumbing, heating, ventilating, and other service systems, made or assembled by a manufacturer on or off the building site for installation and/or assembly on the site, and satisfying the following criteria:

a.

Affixed to a permanent, full-perimeter foundation, as defined in Chapter 3, Figure R-303 of the 1986 Edition, with 1987 and 1988 amendments of the One and Two Family Dwelling Code.

b.

Approved and certified by the department of public health (see Illinois Manufactured Housing Code).

c.

Having a minimum width of twenty-four (24) feet.

d.

Having a minimum roof pitch of 1 in 4.

e.

Meeting local electrical, heating, and plumbing code requirements.

Modular housing as defined herein is permitted in any residential district. No distinction is made between this form of housing and site-built housing.

(2)

Class B: Factory-built housing, transportable, in one (1) or more sections, to the site, built on a permanent chassis, and designed to be used as a dwelling unit when connected to the required utilities, and having the plumbing, heating, air conditioning, and electrical systems contained therein, and satisfying the following criteria:

a.

Affixed to a permanent, full-perimeter foundation, as defined in Chapter 3, Figure R-303 of the 1986 Edition, with 1987 and 1988 amendments, of the One and Two Family Dwelling Code.

b.

Constructed after June 15, 1976 in compliance with the National Manufactured Home Construction and Safety Standards Act of 1974 (HUD Code).

c.

Having a minimum roof pitch of 1 in 4.

d.

Having a minimum width of twenty-four (24) feet.

(3)

Class C: Factory-built housing, transportable, in one (1) or more sections, to the site, built on a permanent chassis, and designed to be used as a dwelling unit when connected to the required utilities, and having the plumbing, heating, air conditioning, and electrical systems contained therein, but not meeting all of the requirements of either Class A or B manufactured housing, but satisfying the following criteria:

a.

Constructed after June 15, 1976 in compliance with the National Manufactured Home Construction and Safety Standards Act of 1974 (HUD Code).

b.

Having a width of at least twelve (12) feet.

(4)

Class D: All manufactured housing built prior to June 15, 1976, transportable in one (1) or more sections, to the site, built on a permanent chassis, and designed to be used as a dwelling unit when connected to the required utilities, and having the plumbing, heating, air conditioning, and electrical systems contained therein, and satisfying the following criteria:

a.

Having a minimum width of twelve (12) feet.

b.

Having a minimum length of sixty (60) feet.

c.

Is found to be decent, safe and sanitary according to the standards listed in the code adopted by section 6-61 of this Code.

Materially means, as applied to the impact of one (1) thing or another, significantly or substantially.

Mobile home park means a parcel not less than five (5) acres in area in single ownership/control, developed with facilities for accommodating occupied mobile homes in accordance with the requirements of the mobile home park ordinance.

Nonconforming means, as applied to a lot, structure, or use, lawfully existing on the effective date of Ordinance No. 82-14, but not in compliance with the applicable provisions thereof.

Nuisance means any thing, condition, or conduct that endangers health, or unreasonably offends the senses, or obstructs the free use and comfortable enjoyment of property, or essentially interferes with the comfortable enjoyment of life.

Nursery means a tract of land on which trees, shrubs, and other plants are raised for transplanting and sale, and including any structure in which such activities are conducted.

Nursery school means an establishment for the part-time care and/or instruction at any time of day of four (4) or more unrelated children of preelementary school age.

Nursing home means a building used as a medical care facility for persons who need long-term nursing care and medical service, but do not require intensive hospital care.

Office means any building or portion thereof in which the business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted.

Overlay district means a zoning district superimposed over one (1) or more standard (primary) zoning districts or portions thereof for the purpose of controlling developmental problems caused by such factors as steep slopes, wet soils, etc.

Parking area/lot, off-street means land that is improved in accordance with this chapter and used primarily for the storage of passenger motor vehicles, free of charge or for compensation. An "off-street parking area," depending on the circumstances of its use, may be either a principal use or an accessory use.

Parking space, off-street means an area at least twenty (20) feet long and ten (10) feet wide within an off-street parking area or garage, used for the storage of one (1) passenger motor vehicle.

Permitted use means any use which is or may be lawfully established in a particular district, provided it conforms with all the requirements applicable to such district.

Person means any individual, firm, association, organization, or corporate body.

Planned unit development means a tract of land which is planned as a whole for development under single ownership or control in accordance with the planned unit development ordinance, and which, by virtue of such unified planning and development, provides greater amenities, convenience or other benefits (especially open space) than would normally be had through the development of diverse smaller tracts under multiple ownership. A "planned unit development" may contain one (1) type of use or a variety of uses.

Planning commission means the planning commission of this municipality.

Plot means a parcel of land consisting of one (1) or more lots or portions thereof which is described by reference to a recorded plat or by metes and bounds.

Premises means a lot and all the structures and uses thereon.

Principal building/structure/uses means the main structure erected on or the main use occupying a lot, as distinguished from an accessory (subordinate) structure or use.

Property line (See "lot line.")

Reconstruct means, as applied to nonconforming structures, to rebuild after partial or total destruction.

Recreational vehicle means a term encompassing any type of vehicle used primarily for pleasure such as travel trailers, motor homes, boats, snowmobiles, etc.

Refuse means garbage (food wastes) and trash, but not sewage or industrial wastes.

Relocate means to move to another portion of a lot or to a different lot.

Repair means to restore to sound condition, but not to reconstruct.

Restrictive means tending to keep within prescribed limits.

Retail means the sale of goods or services directly to the consumer rather than to another business.

Right-of-way, public means a strip of land which the owner/subdivider has dedicated to this municipality or to another unit of government for streets and alleys.

Roominghouse (See "boardinghouse.")

Sanitarium (See "hospital.")

Sanitary landfill means a tract of open land used for the permanent disposal of refuse in accordance with the requirements of the state's environmental protection agency. At a "sanitary landfill" the refuse is periodically covered with topsoil.

Satellite dish antenna means a combination of:

(1)

Dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources.

(2)

A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals.

(3)

A coaxial cable whose purpose is to carry the signals into the interior of the building.

(4)

Any supporting structures, guy wires or similar devices intended to secure or mount the dish antenna.

Screening means trees, shrubs, walls, solid fences, etc., used as a means of visual and noise control.

Service station means a building and premises or portion thereof designed and used for the retail sale of gasoline or other automotive fuel, oil, and automotive parts, supplies, and accessories. A filling station may include facilities for washing vehicles and for making minor automotive repairs.

Service use/establishment means any use or establishment wherein services are provided for remuneration either to individuals or to other firms.

Setback means the minimum horizontal distance between a street right-of-way line and the nearest wall of a building or side of a structure facing such street line, or the edge of the area of operation of a principal use involving no building or structure.

Setback line (See "building line.")

Skirting means the covering affixed to the bottom of the exterior walls of a mobile home to conceal the underside thereof.

Special use means a use that has unusual operational, physical, or other characteristics which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district. Special uses commonly must meet special standards not necessarily applicable to permitted uses in the district, and are allowed only by permit.

Special use permit means a permit issued in accordance with the provisions of this chapter to regulate development of a special use.

Stable means a structure, situated on the same lot as a dwelling, and designed or used for housing horses for the private use of occupants of the dwelling, but not for hire.

Stop order means a type of corrective action order used by the administrator to halt work in progress that is in violation of this chapter.

Street means a public or private way for motor vehicle travel. The term "street" includes a highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court and similar designations, but excludes an alley or a way for pedestrian use only.

Street, private means any street providing access to abutting property that is not maintained by and dedicated to this municipality or other public entity.

Stringent means binding, exacting.

Structure means anything constructed or erected on the ground, or attached to something having a fixed location on the ground. All buildings are structures, but not all structures are buildings.

Structure, temporary means any structure that is not attached to a permanent foundation.

Temporary use permit means a permit issued in accordance with the provisions of this chapter and valid for not more than one (1) year, which allows the occupation of a temporary structure or the operation of a temporary enterprise.

Topography means the relief features or surface configuration of an area.

Travel trailer means a mobile structure designed for temporary occupancy.

Travel trailer park means a lot developed with facilities for accommodating temporarily occupied travel trailers in accordance with the requirements of the mobile home ordinance.

Use means the purpose or activity for which land or a structure thereon is designed, arranged, intended, occupied, or maintained.

Use variance means a type of amendment (not variance) that allows a use in a district where such use would not be allowed under existing provisions of this chapter.

Utility substation means a secondary utility facility such as an electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, etc.

Variance means a relaxation of the strict application of the lot size, setbacks, or other bulk requirements applicable to a particular lot or structure.

Wholesale means the sale of goods or services by one (1) business to another business.

Yard means open space that is unobstructed except as specifically permitted in this chapter and that is located on the same lot as the principal building.

Yard, front means a yard which is bounded by the side lot lines, front lot lines, and the building line.

Yard, rear means a yard which is bounded by side lot lines, rear lot lines, and the rear yard line.

Yard sale (See "garage sale.")

(Ord. No. 82-14, § 2-2, 7-19-1982; Ord. No. 85-17, § 1, 8-5-1985; Ord. No. 89-10, § 5-18(a), 6-5-1989; Ord. No. 95-16, § I, 10-16-1995; Ord. No. 2013-02, §§ I, II, 1-21-2013; Ord. No. 2013-04, § I, 3-18-2013; Ord. No. 2019-04, § I, 3-4-2019; Ord. No. 2022-07 , § I, 3-21-2022)

Cross reference— Definitions and rules of construction generally, § 1-2.

Every provision of this chapter shall be construed liberally in favor of this municipality, and every requirement imposed herein shall be deemed minimal. Whenever the requirements of this chapter differ from the requirements of any other lawfully adopted ordinance, regulation, deed restriction, or covenant, the more stringent requirement shall prevail.

(Ord. No. 82-14, § 1-3, 7-19-1982)

(a)

Except as may be provided otherwise by statute or ordinance, no officer, board member, agent, or employee of this municipality shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter.

(b)

Any suit brought against any officer, board member, agent, or employee of this municipality, as a result of any act required or permitted in the discharge of his duties under this chapter, shall be defended by the municipal attorney until the final determination of the legal proceedings.

(Ord. No. 82-14, § 1-4, 7-19-82)

State Law reference— Local Governmental and Governmental Employees Tort Immunity Act, Ill. Rev. Stat., Ch. 85, ¶ 1-101 et seq.

(a)

Generally. The council may amend this chapter in accordance with Illinois Revised Statutes, chapter 24, paragraph 11-13-14 and the provisions of this section. Proposed alterations of district boundaries or proposed changes in the status of uses (permitted, special, prohibited) shall be deemed proposed amendments. Amendments may be proposed by the council, the administrator, the board of appeals, the planning commission, or any party in interest.

(b)

Filing.Every proposal to amend this chapter shall be filed with the administrator on a prescribed form. (Every amendment proposal shall also be filed with the soil and water conservation district as per Illinois Revised Statutes, chapter 5, paragraph 127.2a). The administrator shall promptly transmit such proposal, together with any comment or recommendation he may wish to make to the planning commission for a public hearing. (See also section 23.43, "schedule of fees.")

(c)

Public hearing, notice. The planning commission shall hold a public hearing on every amendment proposal within a reasonable time after such proposal has been submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed amendment shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

(1)

By first class mail to all parties whose property would be within two hundred fifty (250) feet of the proposed amendment; and

(2)

By publication in a newspaper of general circulation within this municipality.

(d)

Advisory report, findings of fact. Within a reasonable time after the public hearing, the planning commission shall submit their advisory report to the council. The report shall state the planning commission's recommendations regarding adoption of the proposed amendment, and their reasons therefor. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the planning commission shall include in their advisory report findings of fact concerning each of the following matters:

(1)

Existing use and zoning of the property in question.

(2)

Existing use and zoning of other lots in the vicinity of the property in question.

(3)

Suitability of the property in question for uses already permitted under existing regulations.

(4)

Suitability of the property in question for the proposed use.

(5)

The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since the property was initially zoned or last rezoned.

(6)

The effect the proposed rezoning would have on implementation of this municipality's comprehensive plan.

(e)

Action by council. The council shall act on every proposed amendment at the next regularly scheduled meeting following submission of the planning commission's advisory report. Without further public hearing, the council may pass any proposed amendment or may refer it back to the planning commission for further consideration, by simple majority vote of all the members then holding office. The favorable vote of at least two-thirds of all the members of the council is required to pass an amendment to this chapter when the proposed amendment is opposed, in writing, by the owners of twenty (20) percent of the frontage proposed to be altered, or by the owners of twenty (20) percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty (20) percent of the frontage directly opposite the frontage proposed to be altered.

(Ord. No. 82-14, § 9-3.4, 7-19-82)

This chapter shall be reviewed ten (10) years after the date of its enactment and resubmitted to the city council for approval.

(Ord. No. 82-14, § 1-7, 7-19-82)