Whenever regulations or restrictions imposed by this ordinance are either more or less restrictive than regulations or restrictions imposed by any governmental authority through legislation, rule or regulation, the regulations, rules or restrictions which are more restrictive or which impose higher standards or requirements shall govern. Regardless of any other provision of this ordinance, no land shall be used and no structure shall be erected or maintained in violation of any state, or federal pollution control or environmental protection law or regulation. Nothing contained in this ordinance shall be deemed to be a consent, license or permit to use any property or to locate, construct or maintain any building, structure or facility, or to carry on any trade, industry, occupation or activity. Licenses, consents or permits must be obtained as required by this and other applicable ordinances.

No building or structure or part thereof shall be constructed, erected or maintained, used, occupied, enlarged, remodeled, moved or altered and no land use commenced within the Village of Stickney except in conformance with the general regulations herein specified, and the specific regulations herein specified for the district in which it is located. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized except as prohibited specifically or by necessary implication.

This ordinance is not intended to abrogate any easement, covenant or other private agreement, provided that where the regulations of the ordinance are more restrictive or impose higher standards or requirements than such easement, covenants or other private restrictions, the requirements herein shall govern.

Any land use which was not lawfully existing at the time of the adoption of this ordinance and which remains unlawful hereunder shall be discontinued and not reestablished. No building or structure which was not lawfully existing at the time of the adoption of this ordinance, and which is not permitted pursuant to this ordinance, shall be permitted provided that any violation of the Stickney Zoning Ordinance arising solely because of a failure to obtain a certificate of nonconforming use pursuant to Section 12 of the Stickney Zoning Ordinance passed in March, 1952, shall be considered a violation of this ordinance.

The provisions of the Stickney Zoning Ordinance are cumulative and additional limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter in the Stickney Zoning Ordinance.

The provisions of this ordinance shall apply to all properties within the Village of Stickney (except for property owned and operated by the metropolitan sanitary district which is so designated on the zoning map, and which is used for processing or transporting sewage or stormwater).

It shall be unlawful to erect, construct, reconstruct, enlarge, move or alter any building or structure, or change the use of any land or structure without having first received a building permit or zoning certificate. Excavating or grading in connection with any of the above shall not be commenced until a building permit has been issued.

Every residential building shall be constructed or erected upon a lot or parcel of land which abuts a public street unless a permanent easement of access to the public street was of record prior to the adoption of this ordinance.

Not more than one principal building shall be located on a zoning lot unless the zoning lot is located within the I-2 heavy industrial district and authorized by special use. No more than three accessory buildings shall be permitted on any zoning lot except:

(i)

A residential district where no more than one accessory dwelling is permitted on any zoning lot; or

(ii)

In the I-2 heavy industrial district pursuant to special use.

(Ord. No. 2020-11, § 4, 6-30-2020)

No dwelling unit shall be occupied by more than one family as defined herein.

Upon written application therefor, stating the nature of prospective noncompliance and its expected duration, the zoning official may grant to the owner of property within the village a temporary exemption from the provisions of this ordinance subject to such conditions as may be determined to be reasonable when such exemption, based upon facts submitted by the applicant, is necessary to permit the construction, alteration, or demolition of improvements upon property. Each temporary exemption so granted shall be in writing and shall be of limited duration. Any temporary exemption granted pursuant to the provisions of this paragraph may be revoked by an affirmative vote of the majority of the members of the zoning board of appeals. The zoning board of appeals shall consider revocation of any exemption granted pursuant to this paragraph upon motion of the president of the village or any member of the zoning board of appeals.

All new buildings and structures shall conform to the regulations established herein for the district in which each building is located except the parapet walls, chimneys, cooling towers, elevator bulk heads, fire towers, stacks and necessary mechanical appurtenances, and structures and buildings within a racino entertainment complex pursuant to special use shall be permitted to exceed the maximum height requirements subject to the height limitations imposed by the Federal Aviation Administration.

(Ord. No. 2020-11, § 5, 6-30-2020)

Where two or more permitted or special uses each requiring a minimum lot area are provided in the same building or on the same lot; the required lot area shall be the sum of the areas required for each use individually.

(a)

Hereafter, no improved zoning lot shall be divided into two or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located. In the event that any resulting lot has a pre-existing, legal non-conformity, the applicant must simultaneously submit an application for a variance, special use, or other zoning relief to address the non-conformity.

If a lot is built upon, under one building permit, then divided for selling purposes, it can only be so divided if each saleable lot or portion of the original lot is platted as lot of record and conforms to the requirements of this ordinance.

(b)

The subdivision control regulations set forth in this section shall be applicable to all lands within the corporate limits of the village. Whenever the owner of any land within the corporate limits subdivides any lands, blocks, lots, sublots or parcels or any part thereof he shall, at his own cost and expense, prepare a plat of subdivision in accordance with this section, and no such map or plat of subdivision shall be recorded in the recorder's office of the county except after review and approval by the zoning board of appeals and the board of trustees.

(c)

Every person desiring to subdivide any land within the village shall first submit five copies of the tentative plat along with a narrative description of the purpose of the subdivision or plan for the subdivided property to the zoning board of appeals. If the person desiring the subdivision is not the owner of record of the land, he must provide evidence that the owner has duly authorized him to subdivide the land.

(d)

The zoning board of appeals shall consider a proposed plat of subdivision at a hearing, and may then recommend the approval or disapproval of the tentative plat or require additional information or changes to bring the plat in conformity with requirements of the zoning code or any village ordinances. If the plat is recommended for approval, the zoning board of appeals shall transmit the plat to the board of trustees for its approval.

(e)

A tentative plat shall be drawn to a scale of not more than 100 feet to one inch and shall be prepared and certified by a land surveyor registered in this state and shall show on its face the following information:

(1)

The title under which the proposed subdivision is to be recorded.

(2)

The legal description of the property platted, total acreage included.

(3)

Date, scale and north point.

(4)

Names and addresses of the owner, subdivider, engineer and land surveyor preparing the plat.

(5)

The location, widths and other dimensions of the proposed streets, alleys, easements, parks, playgrounds and other open spaces proposed to be dedicated for public use; the blocks and lots into which the project is proposed to be subdivided in sufficient detail to determine the character of the development; existing permanent buildings; watercourses; easements; and other existing features pertinent to property subdivision.

(6)

Designation of all the municipal boundary lines within or adjacent to the proposed subdivision.

(7)

Location and approximate dimensions of any sites to be reserved or dedicated for parks, playgrounds, drainage ways or other public use or which are to be used for multifamily housing, shopping centers, church sites or other nonpublic uses not requiring individual lots, including dimensions and acreage.

(f)

After the board of trustees has recommended the approval of the tentative subdivision plat, the subdivider shall submit a final plat which shall be in substantial compliance with the approved tentative plat and shall be drawn on tracing cloth, Mylar or equivalent material.

(Ord. No. 2018-07, Art. II, § 4, 3-6-2018)

Maintenance of yards, courts or other open spaces and minimum lot areas legally required for a building shall be a continuing obligation of the owner or his successor in title of such building or property on which it is located, as long as the building is in existence. No legally required yards, other open spaces or minimum lot areas allocated to any building shall by virtue of a change of ownership or for any other reason, be used to satisfy yard, other open space or minimum lot area requirements for any other building or zoning lot. All yards or other open spaces allocated to a building or dwelling shall be located on the same zoning lot as such building or dwelling. Where a lot is to be occupied for a permitted use without buildings, the side yard and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this ordinance.

Except as otherwise specifically provided herein, all required yards shall be unobstructed from ground level to the sky except for fences permitted by this ordinance, and other applicable ordinances, gardens, sidewalks, driveways, utility structures and mailboxes, and garages which may be located in a rear yard not less than five feet from the rear lot lines and/or any alley and not less than three feet from any side lot line.

(Ord. No. 92-5, § 4, 6-2-1992)

For existing lots, the required yard adjoining a street may be reduced below the required minimum to provide right-of-way for a street widening.

The following regulations govern accessory buildings:

(1)

Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use.

(2)

No accessory building, unless an integral part of the principal building and unless in accordance with requirements of accessory buildings for special uses, shall be erected, altered or moved within the front and/or side yard requirements of the lot as set forth for the district, and within the rear yard requirements in residential districts except for private garages as expressly permitted in a rear yard in residential districts under section[s] 7.09 and 4.16. In any event no accessory building otherwise meeting the requirements of and permitted under this section 4.18(2) shall be permitted within three feet from any front or side lot line or within five feet from the rear lot line and/or alley.

(3)

No accessory building shall encroach upon that side yard of a corner lot which is adjacent to the street, [and] no accessory building shall encroach upon the rear yard of a through lot, nearer than 50 feet from the rear property line.

(4)

On residential lots of less than one acre, no accessory buildings shall exceed 12 feet in height.

(Ord. No. 92-5, § 5, 6-2-1992)

Whenever any street, alley or other public way within the Village of Stickney shall have been vacated by action of the board of trustees of the Village of Stickney and becomes part of the lands adjoining such street, alley or public way, such lands formally within such vacated street, alley or public way shall automatically, and without further action of the village, acquire, and be subject to the same zoning regulations as are applicable to the lands to which the same shall attach, and shall be used for the same use as permitted under this ordinance for such adjoining lands.

It shall be permissible to serve alcoholic beverages to members and their guests, on premises used as a "private club" as defined herein, provided that the sale of alcoholic beverages to members is secondary or incidental to the promotion of some other common objective of the organization and provided that the sale of alcoholic beverages is in compliance with the applicable federal [and] state laws and village ordinances.

The uses permitted in any zoning district shall include only those uses listed as permitted uses for each district; uses which are not set forth, defined, or listed in any part of this zoning ordinance may be permitted as a special use in any district in which they are substantially similar to and of the same character as a listed use in said district, providing that they conform to the standards governing special uses set forth herein.

(a)

Declaration of policy. In the development and execution of these sections regulating and limiting the location of adult business uses, it is recognized that adult uses, by virtue of their nature, have serious objectionable characteristics which can have a deleterious effect upon adjacent areas to them. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary purpose of these regulations is to control the concentration or location of these uses to the fullest extent allowable by law, in order to eliminate such adverse secondary effects. It is not the intent of these sections to deny adults access to sexually oriented materials and services or to deny the providers of such materials and services their market in a manner that is inconsistent with law.

(b)

Restrictions on the location of adult business use. No adult business use shall be maintained (1) within 200 feet of any residential zoning districts or residential uses as provided for under this section; (2) within 200 feet of the property line of another adult business use; or (3) within the prohibited distance from any school, day care center, cemetery, public park, forest preserve, public housing, or place of religious worship as provided for in section 11-5-1.5 of the Illinois Municipal Code [65 ILCS 5/11-5-1.5].

The distances provided for in this section shall be measured by following a straight line without regard to intervening structures or public rights-of-way from a point on the property upon which the proposed adult business use is to be located that is nearest the property or the land use district boundary line from which the proposed use is to be separated.

(Ord. No. 2016-13, Art. II, § 4.1)

(a)

Definitions.

Firearm. "Firearm" shall be as defined in section 1.1 of the Firearms Owners Identification Card Act (430 ILCS 65/1.1).

Firearms retailer. A "firearms retailer" is a business that (1) derives its principal income from the purchase, sale or trade of firearms, with or without the sale of ammunition and/or firearms accessories; and (2) either physically delivers firearms to purchasers on the premises or conducts firearms sales from the premises for delivery to offsite purchasers; and (3) is required to possess a firearms dealer license under federal law.

Gun range. A "gun range" is a business that derives income by providing target shooting or any other activities involving the discharge or other use of firearms.

(b)

Purpose. The purpose and intent of this section is to regulate the location of firearms retailers and gun ranges in order to promote the public health, safety, comfort and welfare of the citizens of the village and to establish reasonable and uniform regulations to prevent any deleterious location concentration of firearms retailers and gun ranges within the village. It is not the intent of this section to impose any limitation on firearm ownership or firearm sales generally as an activity.

(c)

Special use required. No firearm retailer or gun range shall operate without first obtaining a special use permit in accordance with the provisions of this zoning ordinance. In addition to any other provisions of this zoning ordinance, the following standards shall apply to all firearms retailers and gun ranges:

(1)

Approval of a site security and safety plan by the village shall be a condition for approval of a special use permit. This site security and safety plan shall be submitted to the village for approval at least once every three years after the initial submittal. The village shall have the authority to require an updated site security and safety plan at any time. Once a site security and safety plan has been approved by the village, no changes may be made to the site without the prior approval of the village.

(2)

Firearms shall not be displayed in windows of the business. Firearms shall only be displayed inside a locked counter or locked wall display within the premises, and may not be visible from the sidewalk or street.

(3)

Images or depictions of firearms shall not be displayed in windows, nor shall they be advertised by signs or posters viewable from the building exterior.

(4)

Hours of operation shall be limited to 9:00 a.m. to 9:00 p.m.

(5)

No individual less than the minimum age to purchase a firearm in the State of Illinois shall be allowed on the premises unless accompanied by a parent or legal guardian.

(6)

No person less than 21 years of age shall be employed by the business.

(7)

All employees must possess a valid firearms owners identification card considered valid in the State of Illinois.

(8)

Any gun range must conform to the U.S. Department of Energy's Range Design Criteria or subsequent criteria.

(d)

No firearms retailer or gun range shall be located within 500 feet of the property line of a school, child care center, adult daycare center, park, place of worship, hospital, or another firearms retailer or gun range.

(Ord. No. 2016-11, Art. II, § 4.0, 4-19-2016)

(a)

Declaration of policy. The purpose and intent of this section is to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the village. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.) (Act), as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

(b)

Definitions.

Adult-use cannabis business establishment. An "adult-use cannabis business establishment" means an adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

Adult-use cannabis craft grower. An "adult-use cannabis craft grower" means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (410 ILCS 705/1-1 et seq.), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis cultivation center. An "adult-use cannabis cultivation center" means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (410 ILCS 705/1-1 et seq.), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis dispensing organization. An "adult-use cannabis dispensing organization" or "cannabis dispensary" means a facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (410 ILCS 705/1-1 et seq.), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis infuser organization. An "adult-use cannabis infuser organization" or "infuser" means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (410 ILCS 705/1-1 et seq.), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis processing organization. An "adult-use cannabis processing organization" or "processor" means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (410 ILCS 705/1-1 et seq.), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis transporting organization. An "adult-use cannabis transporting organization" or "transporter" means an organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (410 ILCS 705/1-1 et seq.), as it may be amended from time-to-time, and regulations promulgated thereunder.

(c)

Special use required. No adult-use cannabis business establishment shall operate without first obtaining a special use permit in accordance with the provisions of this zoning ordinance. In addition to any other provisions of this zoning ordinance, the following standards shall apply to all adult-use cannabis business establishment:

(1)

An adult-use cannabis business establishment must comply with all applicable rules and regulations enacted by the State of Illinois, including licensing requirements, age limitations, and minimum setbacks.

(2)

Subject to applicable law, an adult-use cannabis business establishment shall include, as a part of any special use application to the zoning board of appeals, copies of all information submitted to the State of Illinois in an application for a license to operate under the State of Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.)

(3)

In the Harlem Avenue and Cicero Avenue Business District, an adult-use cannabis business establishment is only allowed along Harlem Avenue with a special use permit.

(4)

An adult-use cannabis business establishment shall not be located within 1,000 feet of the property line of a pre-existing place of worship, library, public park, forest preserve, public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

(5)

The site design for any adult-use cannabis business establishment shall incorporate adequate security measures, such as interior and exterior lighting, surveillance cameras, and/or fencing. Said security measures shall be determined based on the specific characteristics of the establishment and of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.).

(6)

On-site consumption of cannabis shall be prohibited on the premises of a cannabis dispensary. The cannabis dispensary shall be responsible for enforcing the prohibition of on-site consumption of cannabis under all circumstances on its premises.

(7)

A special use applicant shall submit additional information as required by the zoning administrator during the special use process.

(Ord. No. 2021-01, § 6, 2-2-2021)