This chapter shall be known and may be cited as the "Zoning Ordinance of the Village of Shabbona, Illinois."

(Code 2009, § 9-1-1; Ord. of 11-25-1996)

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. The terms "lot," "parcel," "tract," "plot" and "site" shall be synonymous. (See Plot.) The terms "extend," "enlarge" and "expand" shall be synonymous. (See Enlarge.) The terms "abutting," "adjacent" and "contiguous" shall be synonymous. (See Abutting.) A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited.

Abandoned means to give up one's rights or interests in property.

Abutting means having a common lot line or district line.

Accessory use means any structure or 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 of the principal structure or use served; and

(3)

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

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

Administrator means the official, or the representative of said official, appointed to administer and enforce this chapter.

Adult entertainment establishment means any performance, bookstore, video store, motel, or theater establishment having a substantial or significant portion of its stock in trade or business activity in a use where explicit sexual conduct is depicted or performed, or sexual activity if explicitly or implicitly encourage or tolerated.

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

Adult-use cannabis craft grower means a facility operated by an organization or business that is licensed by the state department of agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.) and regulations promulgated thereunder.

Adult-use cannabis cultivation center means a facility operated by an organization or business that is licensed by the state department of agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.) and regulations promulgated thereunder.

Adult-use cannabis dispensing organization means a facility operated by an organization or business that is licensed by the state department of financial and professional regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.) and regulations promulgated thereunder.

Adult-use cannabis infuser organization orinfuser means a facility operated by an organization or business that is licensed by the state department of agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.) and regulations promulgated thereunder.

Adult-use cannabis processing organization orprocessor means a facility operated by an organization or business that is licensed by the state department of agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.) and regulations promulgated thereunder.

Adult-use cannabis transporting organization ortransporter means an organization or business that is licensed by the state department of agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.) and regulations promulgated thereunder.

Aisle means a vehicular trafficway 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 fronts 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.

Asphalt means a mixture of petroleum byproducts and gravel used for paving to form a smooth, permanent surface. The term "asphaltic concrete" does not mean "oil and chip."

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

Auto repair station means a place where, along with the sale of engine fuels, the following services may be carried out: general repair; engine rebuilding; rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting and undercoating of automobiles.

Auto service station means a place where gasoline or any other vehicular engine fuel, kerosene or motor oil and lubricants or grease (for operation of motor vehicles) are retailed directly to the public on the premises, including the sale of minor accessories and the servicing of and minor repair of automobiles. An auto service station may include facilities for washing vehicles and the making of minor automotive repairs.

Automobile sales lot means a lot arranged, designed or used for the storage and display for sale of any motor vehicle including trucks or any type of trailer, provided that the trailer is unoccupied and where repair work as an accessory use is done to automobiles or trailers.

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, pedestrianways or exterior boundaries of a subdivision unless the exterior boundary is in 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 the village.

Buffer strip means an area of land, undeveloped except for landscaping, fences, etc., used to protect a use situated on one 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 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 height.

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 or any combination of the following structural or site design characteristics:

(1)

Size and height of structure.

(2)

Location of exterior walls at all levels in relation to lot lines, streets or other structures.

(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.

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 and paying regular dues and whose facilities are restricted to members and their guests. The term "club/lodge" does not include a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

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 residence means a group home or specialized residential care home serving unrelated persons with disabilities which is licensed, certified or accredited by appropriate local, state or national bodies. The term "community residence" does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse or for treatment of a communicable disease.

Comprehensive plan means the plan or any portion thereof adopted by the village 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.

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

Day care center. See Nursery school per state standards.

Detached, as applied to buildings, means 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 refers to lot depth, lot width and total lot area.

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

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

(1)

Primarily intended for immediate consumption;

(2)

Available after a short waiting time; and

(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 by patrons in automobiles parked on the premises.

Dwelling means a building or portion thereof designed or used primarily as living quarters for one 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 or more dwelling units.

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

Dwelling, two-family, means a dwelling containing two dwelling units.

Dwelling unit means one or more rooms designed or used as living quarters by one family.

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

Enclosed, as applied to a building, means covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior 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 or construct.

Establishment means:

(1)

An institutional, business, commercial or industrial activity that is the sole occupant of one or more buildings; or

(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 the ordinance from which this chapter is derived.

Family means two or more persons, each related to the other by blood, marriage or adoption, together with usual domestic servants and not more than one bona fide guest, all living together as a single housekeeping unit and using common kitchen facilities (that is, a related family); or four or fewer persons, all of whom are not necessarily related to each of the others by blood, marriage or adoption, all living together as a single housekeeping unit and using common kitchen facilities (that is, an unrelated family). For purposes of this chapter, however, the term "unrelated family" does not include persons living together in a community residence or nursing home.

Floor area, gross, means the sum of the gross horizontal area 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 living areas; halls, closets, stairwells; space devoted to mechanical equipment; and enclosed porches.

Floor area ratio (F.A.R.) means the gross floor area of the buildings on the zoning lot divided by the area of such zoning lot, or, in the case of a planned development, by the net site area.

Foundation, permanent, means a closed perimeter formation consisting of materials such as concrete or concrete block which extends into the ground below the frost line.

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

Garage, private, means an accessory building or an accessory portion of the principal building, including a carport, which is intended for and used for storing the private passenger vehicles of the families residing upon the premises, and in which no business, service or industry connected with automobile vehicles is carried on.

Greenhouse. See Nursery.

Hereafter means any time after the effective date of the ordinance from which this chapter is derived.

Home occupation means any business, profession or occupation conducted for gain entirely within a dwelling or on residential premises.

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" includes sanitariums, but excludes institutions operating solely for the treatment of insane persons, drug addicts and alcoholics and convalescent/nursing homes.

Intensify means to increase the level or degree of use.

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

Kennel means any structure or premises, or portion thereof, on which more than five dogs and/or cats over four months of age are kept.

Large community residence means a community residence serving eight to 20 persons with disabilities.

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 or zoning lot.

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

Lot, corner, means a lot having at least two adjacent sides that abut for their full length upon streets. One such sideline shall be deemed a front lot line.

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 line and the rear lot line.

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 of record means a lot properly platted and recorded in the office of the county recorder of deeds.

Lot, reverse corner, means a corner lot where the street side lot line is substantially a continuation of the front lot line of the first lot to its rear.

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 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 measured at the building line.

Lot, zoning, means a single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.

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 said structure in sound condition.

Mixed use district means the development of a parcel or structure with one or more different land uses, such as a combination of residential and commercial, in a single or physically integrated group of structures.

Nonconforming, as applied to a lot of record, means structure and use:

(1)

Lawfully existing on the effective date of the ordinance from which this chapter is derived; and

(2)

Not in compliance with the applicable provisions hereof.

Nuisance means anything, 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 said activities are conducted.

Nursery school means an establishment for the part-time care and/or instruction at any time of day of five or more unrelated children of pre-elementary school age.

Nursing home means a licensed public or private home or institution which provides maintenance, personal care and nursing for three or more persons who, by reason of physical illness or infirmity, are incapable of maintaining a private, independent residence.

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

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.

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 said district.

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

Person with a disability means any individual whose disability:

(1)

Is attributable to mental, intellectual or physical impairments, or a combination of mental, intellectual or physical impairments; and

(2)

Is likely to continue for a significant amount of time indefinitely; and/or

(3)

Results in functional limitations in three or more of the following areas of major life activities:

a.

Self-care;

b.

Receptive or expressive language;

c.

Learning;

d.

Mobility;

e.

Self-direction;

f.

Capacity for independent living;

g.

Economic self-sufficiency; and

(4)

Reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of a lifelong or extended duration.

Planned unit development (PUD) means tracts of land that may be developed through a comprehensive approach which will provide greater amenities, convenience, or other benefits than normally afforded by other traditional districts in this chapter.

Plot means a parcel of land consisting of one 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/use 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.

Public utility means any person, firm, corporation, municipal department, board or commission, duly authorized to furnish, and furnishing under governmental regulations to the public, gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.

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

Recreational vehicle encompasses any type of vehicle used primarily for recreational pleasure. Examples include, but are not limited to, travel trailers, motor homes, boats, etc.

Camper trailer (pop up) means a structure designed to provide temporary living quarters for recreational, camping or travel use, constructed with integral wheels to make it mobile and/or towable by a motor vehicle, not to exceed 24 feet in length and five feet and six inches in height in a collapsed position.

Motor home means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle not to exceed 40 feet in length and 12 feet in height.

Pickup camper means a structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational or vacation use.

Snowmobiles are not considered recreational vehicles.

Travel trailer means a structure designed to provide temporary living quarters for recreational, camping or travel use, constructed with integral wheels to make it mobile and/or towable by a motor vehicle, not to exceed eight feet in width and a body length of 35 feet.

Watercraft means any unit that is used for water travel or pleasure, 35 feet or less in length, but not to exceed 12 feet in height, either mounted on a boat trailer or unmounted. The term "recreational vehicle" also means boat trailer without a boat mounted.

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

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

Sanitarium. See Hospital.

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

Setback means the minimum horizontal distance between a lot line and:

(1)

The nearest wall of a building or side of a structure facing such lot line; or

(2)

The edge of the area of operation of a principal use involving no building or structure.

Setback line. See Building line.

Small community residence means a community residence serving eight or fewer persons with disabilities in a family-like atmosphere.

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 may 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.

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 or other ordinances.

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 the village 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 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.

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

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 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 a principal building.

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

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

Yard, interior, means a yard adjoining another lot which extends the full depth of a lot along an interior side lot line, excluding the areas within a front yard and/or rear yard.

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

Zoning map means the map, and any amendments thereto, designating zoning districts and incorporated into this chapter by reference.

(Code 2009, § 9-3-1; Ord. of 11-25-1996; Ord. No. 2019-01-28(A); Ord. No. 2020-01-27(A), 1-27-2020)

The purpose of this chapter is to guide development in accordance with existing and future needs in order to protect, promote and improve the public health, safety, morals, convenience, order, appearance, prosperity and the general welfare of the citizens of the village. These regulations are made in accordance with the 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 communitywide 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 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 the village;

(4)

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

(5)

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;

(6)

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

(7)

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

(Code 2009, § 9-2-1; Ord. of 11-25-1996)