For the purposes of this title, the following definitions shall be used. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not optional.

ABUTTING: Having a common property line or district line.

ACCESSORY STRUCTURE: A structure subordinate to the principal structure and located on the same lot or parcel, including garages, storage sheds, decks, and pools and pool buildings. Accessory structures may not occupy more than thirty percent (30%) of the required rear yard.

ACCESSORY USE: A use subordinate to the principal use of a parcel of land and located on the same lot or parcel.

ADULT ENTERTAINMENT ESTABLISHMENT: Any establishment which for monetary consideration is used for presentations or service distinguished or characterized by an emphasis on exposure to view human genitals, pubic area, buttocks or anus; or female's vulva or breasts below the top of the areola; or male genitals in a discernable turgid state, even if opaquely covered; or on acts of or acts which simulate erotic touching, sexual intercourse, masturbation, flagellation, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio, cunnilingus, or any sexual act prohibited by Illinois statutes.

ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An adult-use cannabis cultivation center, craft grower, processing organization (processor), infuser organization (infuser), dispensing organization (dispensary) or transporting organization (transporter).

ADULT-USE CANNABIS CRAFT GROWER: 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 Act, as it may be amended from time to time, and regulations promulgated thereunder.

ADULT-USE CANNABIS CULTIVATION CENTER: 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 Act, as it may be amended from time to time, and regulations promulgated thereunder.

ADULT-USE CANNABIS DISPENSING ORGANIZATION OR DISPENSARY: 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 Act, as it may be amended from time to time, and regulations promulgated thereunder.

ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: 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 Act, as it may be amended from time to time, and regulations promulgated thereunder.

ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: 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 Act, as it may be amended from time to time, and regulations promulgated thereunder.

ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: 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 Act, as it may be amended from time to time, and regulations promulgated thereunder.

AGRICULTURAL BYPRODUCTS: Plant material remaining after the harvesting and/or processing of the primary agricultural crop, such as straw, corncobs, seed hulls, or fruit pulp.

ALLEY: A special public right of way affording only secondary access to abutting properties.

APARTMENT: A portion of a multiple dwelling used as a separate housing unit and having cooking facilities and a private bath.

ARTERIAL STREET: A public street or highway used or intended to be used primarily for fast or heavy through traffic. Arterial streets and highways shall include freeways and expressways as well as arterial streets, highways, and parkways.

BASEMENT: A story partly or wholly underground. Where more than one-half (1/2) of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established, a basement shall be counted as a story for the purposes of height measurement.

BED AND BREAKFAST ESTABLISHMENT: An owner occupied dwelling providing not more than five (5) rooms for overnight accommodations to the public and, if so desired, breakfast may be served to the guests thereof. Rental is on a transient basis and for a charge, meaning any form of remuneration such as cash, goods, services, barter, donations, forgiveness of indebtedness, or other like payment. In the agricultural district, a guesthouse/bed and breakfast may incorporate the use of accessory buildings detached from the main house providing such are suitable for human habitation. For purposes of this definition, "guestroom" shall mean a sleeping room intended to serve not more than two (2) guests per night.

BILLBOARD: An advertising device, either freestanding or attached to a building, which is used to display information not related to the use or ownership of the establishment or the property upon which it is located.

BLOCK: A tract of land bounded by streets or by a combination of streets and public parks, or other recognized lines of demarcation.

BOARDING HOUSE: A building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for four (4) or more persons not members of a family, but not exceeding six (6) persons and not open to transient customers.

BUILDING: Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials.

BUILDING AREA: The total living area bounded by the exterior walls of a building at the floor levels, but not including basement, utility rooms, garages, porches, breezeways, and unfinished attics.

BUILDING HEIGHT: The vertical distance measured from the mean elevation of the finished lot grade along the street yard face of the structure to the highest point of flat roofs; to the mean height level between the eaves and ridges of gable, gambrel, hip, and pitch roofs; or to the deck line of mansard roofs.

BUILDING INSPECTOR: The employee of the village of Stockton, Illinois, officially designated to administer the building and zoning ordinances. The building inspector is also referred to as the zoning inspector or zoning administrator.

BUILDING LINE, FRONT: A line parallel to the street, intersecting the foremost point of the building, excluding uncovered steps.

BUILDING PERMIT: Written permission issued by the village of Stockton through the zoning administrator for the construction, repair, alteration or addition to a structure. This term is often used interchangeably with "zoning permit", but whereas a zoning permit addresses only those things regulated by the zoning ordinance, "building permit" is the preferred term to be used in the administration of the building code to ensure that structures are built to accepted safety standards.

BUILDING, PRINCIPAL: A building in which is conducted the main use of the lot on which said building is located.

BUSINESS: A commercial establishment engaged in the purchase and sale of goods and services for a profit (not including manufacturing or industrial establishments).

CANOPY OR MARQUEE: A rooflike structure, of a permanent nature, which projects from the wall of a building.

CARPORT: A structure attached or made a part of the principal structure, and which is open to the weather on at least two (2) sides, intended for the use of sheltering not more than two (2) motor driven vehicles. For purposes of this title, carports shall comply with the setback requirements for the principal structure.

CERTIFICATE OF OCCUPANCY: A written statement issued by the zoning inspector which permits the use of a building or lot or a portion of a building or lot, and which certifies compliance with the provisions of this title for the specified use and occupancy.

CLINIC: A building used by a group of doctors or dentists for the examination or treatment of persons on an outpatient or nonboarding basis only.

CLUB: A building owned, leased or hired by a nonprofit association of persons, who are bona fide members paying dues, the use of which is restricted to said members and their guests.

CONFORMING USE: Any lawful use of a building or lot which complies with the provisions of this title.

CORNER LOT: A lot abutting two (2) or more streets at their intersection provided that the corner of such intersection shall have an angle of one hundred thirty five degrees (135°) or less, measured on the lot side.

CURB GRADE: The level of the established curb in the front of the building, measured at the center of such front. Where no curb has been established, the Village Board shall authorize and approve the establishment of such curb level or its equivalent for the purpose of this title.

DEVELOPER: Any person whose concern and intent it is to improve land in accordance with the development regulations of the Village of Stockton.

DEVELOPMENT: The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land.

DWELLING: A detached building designed or used exclusively as a residence or sleeping place, but does not include boarding or lodging houses, motels, hotels, tents, or cabins.

DWELLING, MULTIPLE: A building or portion thereof used or designated as a residence for three (3) or more families as separate housekeeping units, including apartments, apartment hotels and group houses.

DWELLING, ONE-FAMILY: A detached building designed, arranged or used for, and occupied exclusively by one family.

DWELLING, TWO-FAMILY: A building designed, arranged or used for, or occupied exclusively by two (2) families, living independently of each other.

DWELLING UNIT: One or more rooms designed as a unit for occupancy by not more than one family for living and sleeping purposes.

EXPORT OF ENERGY: The onsite generation of wholesale electricity that is delivered to the utility distribution network as allowed under contract with the electrical utility as defined by 220 Illinois Compiled Statutes 5/16-102.

EXPRESSWAY: A divided principal or primary arterial highway with full or partial control of access and with or without grade separated intersections.

FAMILY: Any number of persons related by blood, adoption, or marriage, or not to exceed four (4) persons not so related, living together in one dwelling as a single housekeeping entity.

FARM: Land consisting of two (2) or more acres on which produce, crops, livestock or flowers are grown primarily for off premises consumption or use.

FLOOR AREA:

   A.   For residential uses, the sum of the gross horizontal areas of the several floors of a dwelling unit, exclusive of porches, balconies, garages and basements, measured from the exterior faces of the exterior walls or from the centerlines of walls or partitions separating dwelling units.

   B.   For uses other than residential, the area measured from the exterior faces of the exterior walls, or from the centerline of walls or partitions separating such uses, including all floors, lofts, balconies, mezzanines, basements, and similar areas devoted to such uses.

FREEWAY: An expressway with full control of access and with fully graded separated intersections.

FRONT YARD: A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two (2) such yards.

FRONTAGE: The smallest dimension of a lot abutting a public street measured along the street line.

FRONTAGE, LOT: The smallest dimension of a lot abutting a public street, measured along the street line.

GARAGE, PRIVATE: An accessory building or portion of the principal building used for vehicular storage only, and having a capacity of not more than three (3) automobiles, or not more than one automobile per family housed in the building to which such garage is accessory, whichever is the greater, and in which space may be used for not more than one commercial vehicle, and in which space may be rented for not more than three (3) vehicles of others not occupants of the building to which such garage is accessory. The term also includes carport and, when related to the context, shall relate to the storage of one or more vehicles.

GIFT STORES: Retail stores where items such as art, antiques, jewelry, books, and notions are sold.

HARDWARE STORES: Retail stores where items such as plumbing, heating, and electrical supplies, sporting goods, and paints are sold.

HOME OCCUPATION: An occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. Such secondary uses shall not exceed fifty percent (50%) of the habitable floor area of the dwelling or six hundred (600) square feet, whichever is smaller, nor include the display of goods visible from outside the premises, nor employ more than one on site employee that is not a full time resident of the home.

HOTEL: An establishment for transient guests having more than six (6) sleeping rooms without individual cooking facilities.

IMPROVEMENT, PUBLIC: Any sanitary sewer, storm sewer, drainage ditch, water main, roadway, parkway, sidewalk, pedestrianway, planting strip, off street parking area, or other facility for which the village may ultimately assume the responsibility for maintenance and operation.

IMPROVEMENTS: Any structure, grading, street surfacing, curbs and gutters, sidewalks, bikeways, crosswalks, water mains, sanitary sewers, storm sewers, drainage ditches, culverts, bridges, trees, and other additions or deletions from the natural state of land which increase its utility or habitability.

INTERCHANGE: A grade separated intersection with one or more turning lanes for travel between intersection legs.

KENNEL: Any lot or premises or portion thereof on which any dog or other domestic animals are boarded for compensation or kept for sale.

LOADING AREA: A complete off street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

LOT: A parcel of land having frontage on a public street, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area, and other open space provisions of this title.

LOT AREA: The total area in a horizontal plane within the peripheral boundaries of a lot.

LOT, CORNER: A lot abutting intersecting streets at their intersection.

LOT COVERAGE: The percent of the area of a lot occupied by buildings or structures, including accessory buildings or structures.

LOT LINES AND AREA: The peripheral boundaries of a parcel of land and the total area lying within such boundaries.

LOT OF RECORD: A lot which is part of a subdivision, the plat of which has been recorded in the office of the recorder of deeds of Jo Daviess County prior to the adoption of these provisions, or lot which is part of an unrecorded plat or subdivision which is dated prior to the adoption of these provisions.

LOT, REVERSED CORNER: A corner lot which is oriented such that it has its rear lot line coincident with or parallel to the side lot line of the interior lot immediately to its rear.

LOT, THROUGH: A lot having a pair of opposite lot lines along two (2) more or less parallel public streets and which is not a corner lot. On a "through lot", both public streets shall be deemed front lot lines.

LOT WIDTH: The width of a parcel of land measured at the rear of the specified street yard.

LOT, ZONING: A single tract of land located within a single block, which at time of filing for a zoning 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.

MOBILE HOME: A one-family dwelling unit of vehicular design, built on a chassis and originally designed to be moved from one site to another, and used without permanent foundation.

MOBILE HOME PARK: Any lot not less than ten (10) contiguous acres on which two (2) or more mobile homes are parked for the purpose of temporary or permanent habitation.

MOTEL: A series of attached, semiattached, or detached sleeping units for the accommodation of transient guests.

MURAL: A painting on the side of a building, wall, or structure; or a painting on the ground or the ceiling of a building or structure. A mural that does not function as a sign is not regulated by the zoning ordinance. Murals that function as signs are regulated in the zoning ordinance as wall signs.

NONCONFORMING BUILDING: Any building or structure lawfully established which: a) does not comply with all the regulations of this title or any amendment hereto governing bulk of the district in which such building or structure is located; or b) is designed or intended for a nonconforming use.

NONCONFORMING RECORDED LOT: A lot of record which does not meet the dimensional requirements of the particular district in which it is located solely because of the enactment or amendment of this title after the lawful creation of the lot of record or because of the acquisition of a portion of the lot by a governmental agency for public purposes.

NONCONFORMING USE: Any use of land, buildings, or structures, lawful at the time of the enactment of this title or any amendment thereto but which does not comply with all the regulations of this title as amended governing use for the zoning district in which such use is located.

NURSERY SCHOOL/CHILDCARE CENTER: Any building used routinely for the daytime care and education of preschool age children and including all accessory buildings and play areas, other than the child's own home or the homes of relatives or guardians.

NURSING HOME: Any building used for the continuous care, on a commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.

PARCEL: A lot or tract of land.

PARKING FACILITY/LOT: A structure or an open space other than a street or alley used for temporary parking of more than four (4) self-propelled vehicles and available for public uses, whether free, for compensation, or as an accommodation for clients or customers.

PARKING SPACE: A graded and surfaced area of not less than one hundred eighty (180) square feet in area either enclosed or open for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.

PLANNED UNIT DEVELOPMENT: A parcel of land or contiguous parcels of land of size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the environment of which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located.

PRIVATE IMPROVEMENT: Any installed or constructed facility for which the responsibility of maintenance and ownership will be retained by the owner or a private association.

PRIVATE STREET: Any road that is used for access and circulation and the ownership and maintenance responsibility of which is borne by the owner or homeowners' association.

PROFESSIONAL HOME OFFICES: Residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians, or other recognized professions where the office does not exceed one-half (1/2) the area of only one floor of the residence and only one nonresident person is employed.

RAILROAD RIGHT OF WAY: A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.

REAR YARD: A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the front yard or one of the front yards on a corner lot.

RECREATIONAL VEHICLE: A vehicle or piece of equipment intended for recreational use, including, but not limited to, airplanes, boats, floats, camping or travel trailers, motor homes, detachable travel equipment of a type adaptable to light duty trucks, boat trailers, racing vehicles, snowmobiles, and other equipment or vehicles of a similar nature.

RETAIL: The sale of relatively small quantities of commodities and services directly to customers.

SCREENING: A structure erected or vegetation planted for the purpose of concealing from view the area behind it.

SETBACK: The minimum horizontal distance between the lot line and a structure.

SHOPPING CENTER: A group of stores planned and designed for the site on which it is built, functioning as a unit, with off street parking provided on the property as an integral part of the unit. (See definition of Planned Unit Development.)

SIDE YARD: A yard extending from the street yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal street.

SIGN AREA: The gross surface area within a single continuous perimeter composed of a single rectangle enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures, together with any material, or color forming an integral part of the display or to differentiate the sign from the background to which it is placed. Structural supports bearing no sign copy shall not be included in gross surface area. For computing the area of any sign which consists of individual letters or separate graphic elements, the area shall be deemed to be the area of the smallest rectangular figure which can encompass all of the letters or elements.

SIGNS: Any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.

STANDARD ARTERIAL HIGHWAY: Serves long trips with good mobility. Has intraregional and intercommunity connections. Serves communities with over one thousand (1,000) population. Is a generally continuous system in combination with principal and primary arterials. Provides good level of service under varying operating conditions.

STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between such floor and the ceiling next above it.

STORY, HALF: A story under a gable, hip or gambrel roof, the wall plates of which, on at least two (2) exterior walls, are not more than two feet (2') above the floor of such story.

STREET: A public or private thoroughfare which may either provide the principal means of pedestrian and/or vehicular access to abutting property or may provide for the movement of pedestrian and/or vehicular traffic, or both. The following street types are based on the functional classification for the village:

   A.   Principal Arterial: Any highway designated by the federal, state and/or county governments for purposes of cross country traffic (i.e., U.S. Highway 20).

   B.   Minor Arterial: Streets used primarily to carry the heavier traffic pattern providing continuity throughout the county (i.e., State Highway 78).

   C.   Local Street: Streets designed for local traffic use.

   D.   Cul-De-Sac Street: A minor street having one end open to traffic and being permanently terminated at the other end by a vehicular turnaround.

STREET YARD: A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two (2) such yards.

STRUCTURE: Any erection or construction, such as buildings, towers, masts, poles, booms, signs, decorations, carports, machinery and equipment.

TERRACE: The portion of public right of way between the curb or edge of pavement and the sidewalk. Also known as the boulevard strip or tree lawn.

TURNING LANES: An existing or proposed connecting roadway between two (2) arterial highways or between an arterial highway and any other highway. Turning lanes include grade separated interchange ramps.

USE: The "use" of a property is the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of standards of this title.

USE, SPECIAL: A use, either public or private, which because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such special use may or may not be granted, subject to the terms of this title.

UTILITIES: Public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulation stations, but not including sewage disposal plants, Municipal incinerators, warehouses, shops, and storage yards.

VACATION RENTALS: Short term rentals of fully furnished residential accommodations for a period of less than 30 days where guests can use the kitchen, bedrooms, bathrooms and common areas as an alternative to traditional hotel stays.

VARIANCE (Also Known As A VARIATION): A relaxation of the terms of this title where such variances will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of the actions of the applicant, a literal enforcement of this title would result in unnecessary and undue hardship.

YARD: An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except for vegetation. The street and rear yards extend the full width of the lot.

ZONING ADMINISTRATOR: The Zoning Administrator appointed by the Village Board and such deputies or assistants as have been or shall be duly appointed.

ZONING BOARD: The Village of Stockton Zoning Board of Appeals.

ZONING DISTRICT: An area or areas within the corporate limits for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.

ZONING PERMIT: A permit stating that the uses and structures proposed for a parcel are in conformity with the uses and structures permitted and all other requirements under the chapter for the zone in which it is to be located. This term is often used interchangeably with "building permit", but whereas a zoning permit addresses only those things regulated by this title, "building permit" is the preferred term to be used in the administration of the Building Code to ensure that structures are built to accepted safety standards. (Ord., 10-14-2008; amd. Ord. 663, 11-13-2018; Ord. 679, 12-10-2019; Ord. 759, 1-9-2024)