For the purpose of this title, certain terms or words used herein shall be interpreted as follows:

A.

The word "shall" is mandatory; the word "may" is permissive;

B.

The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual;

C.

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular unless the context clearly indicates otherwise;

D.

The words "used" or "occupied" include the words "intended", "designed", or "arranged to be used or occupied" as well as "constructed", altered", converted", "rented", "leased", or "intended to be used";

E.

The word "lot" includes the words "plot", "parcel", "tract", "site", and "space"; and

F.

The word "structure" includes the word "building".

(Ord. No. 1997-6-16-D, Art. 2(2.1), 6-16-1997)

For the purpose of the administration and enforcement of this title, and unless otherwise stated in this title, the following words shall have a meaning as indicated herein. All words not specifically defined herein shall have a meaning as found in Webster's Seventh New Collegiate Dictionary.

Abutting. Having a common border with, or being separated from such a common border by a right-of-way, alley or easement.

Accessory Antenna. An antenna and supporting structure attached to a building designed and used for an amateur radio or citizen band radio (including such antennae used for transmitting and receiving), a similar communication device that only receives a radio frequency (RF) signal or any receive-only home television antenna.

Accessory Use of Structure. A use or structure which is clearly incidental to, customarily found in association with; and serves a principal use; is subordinate in purpose, area, and extent to the principal use served; and is located on the same lot as the principal use, or on an adjoining lot in the same ownership as that of the principal use.

Adjoining Lot. A lot that shares all or part of a common point or line with another lot.

Adult-Use Cannabis Business Establishment. An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

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 Cannabis Regulation and Tax Act, (P.A. 101-0027), 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 Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-Use Cannabis Dispensing Organization. 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, (P.A. 101-0027), 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 Cannabis Regulation and Tax Act, (P.A. 101-0027), 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 Cannabis Regulation and Tax Act, (P.A. 101-0027), 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 Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Agriculture. The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses, provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.

Alteration. As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one (1) location or position to another.

Bed and Breakfast Inn. An operator-occupied residence providing accommodations for a charge to the public with no more than three (3) guest rooms for rent, in operation for more than ten (10) nights in a twelve-month period. No meals shall be provided to guests except for breakfast. Bed and breakfast inns do not include motels, hotels, boarding house, or food service establishments.

Buildable Area. The area of a lot remaining after the minimum yard, dedicated lands and open space requirements of the Zoning Ordinance have been met.

Building. Any enclosed structure designed, constructed or used for residential, commercial, institutional, industrial or agricultural purpose or accessory thereto.

Building, Height of. The vertical distance from the lowest grade 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 the highest eaves and the highest ridge for gable, hip and gambrel roofs.

Building Official. Individuals responsible for the issuance and enforcement of applications for building permits.

Child Care Center. A facility which regularly provides day care for less than twenty-four (24) hours per day for four (4) or more children not related to the operator. A child care center shall include the terms day care center, part day child care facility, and day care home as defined by Chapter 225, Act 10, Section 2 of the Illinois Compile Statutes.

Commercial Vehicle. Any motor vehicle which is designed or used principally for business, governmental or nonprofit organizational purposes or for carrying passengers for hire, or as a platform, cabinet, box, rack, compartment, or other facility for transportation of materials, equipment, and items other than the personal effects of private passengers.

Communication Antenna. Any device that transmits and/or receives radio waves for voice, data or video communications purposes including, but not limited to VHF and UHF television; FM or AM radio; two-way radio, cellular telephone, personal communications services (PCS) or other wireless telephony, fixed point microwave, low power television, or other similar wireless communications and common carriers. This definition does not include small satellite dish antennae that only receive a signal, any other receive only antenna including a satellite earth station, any receive-only home television antenna, or any accessory antenna as herein defined which does not exceed fifty (50) feet in height.

Communication Tower. A freestanding structure designed for the support of one (1) or more communication antennae and including guyed towers, self-supporting (lattice) towers or monopoles. This definition shall also include any tower, column or similar structure mounted on the roof of a building and exceeding fifteen (15) feet in height which is designed for the support of one (1) or more communication antennae. This definition shall not include any structure of fifty (50) feet or less in height owned and operated by an amateur radio operator licensed by the Federal Communications Commission.

Communication Tower Operator. Any person or entity that owns or has a legal interest in a communication tower, as defined in this Chapter 17.04, subject to the requirements of this title and the owner of land upon which a communication tower is located or is proposed to be located pursuant to a pending application. This definition specifically excludes any person or entity who is permitted to place particular equipment on a communication tower but otherwise has no ownership or general possessory interest in the communication tower.

Corner Lot. (see Lot, Corner)

District. Any section or area of the City of extraterritorial area for which the Zoning regulations governing the use, placement of structures, yard and setback requirements, and size and dimension criteria are uniform throughout the area covered by this Zoning Ordinance.

Duplex. A residential building divided into two (2) dwelling units.

Dwelling, Attached. A single-family dwelling attached to one (1) or more other singe-family dwellings by common vertical walls.

Dwelling, Detached. A freestanding dwelling unit which is not attached to any other dwelling unit by structural means.

Dwelling, Single-Family: A dwelling designed for occupancy by one (1) family or up to three (3) unrelated individuals including conventionally-built housing, but not including Manufactured Homes or Mobile Homes.

Dwelling, Multiple-Family. A residential building containing three (3) or more dwelling units.

Dwelling Unit. One (1) or more rooms in a residential building or portion of a building which are arranged, designed, used, or intended for use as a complete, independent living facility for no more than one (1) family or up to three (3) unrelated individuals, and which includes permanent provisions for living, sleeping, eating, cooking and sanitation. A dwelling unit must have direct access to the outside or to a public hallway.

Easement. A grant by a property owner of the right of use of his land by another party for a specific purpose.

Family. Any number of individuals related by blood, marriage or adoption living together as a single housekeeping unit.

Farm or Farmland. A parcel of land of not less than five (5) acres, in one (1) ownership, that is used primarily for the commercial, soil-dependent cultivation of agricultural crop production and/or for the raising of livestock, but not including a feedlot.

Fence (or wall). An outdoor freestanding structure of any material or combination of materials erected for confinement, screening or partition purposes.

Floor Area. Floor area shall be determined by measuring the outside dimensions of all enclosed floor are under roof, excluding garages, open and screened porches, carports, terraces, and patios.

Foster Care Home. A private residence licensed by the Illinois Division of Family Services or Department of Mental Health to provide foster care to eight (8) or fewer children who are unrelated to either foster parent by blood, marriage or adoption.

Frontage. All of the property abutting and measured along the street right-of-way line.

Gasoline Service Station. Any structure or land used for retail sales and dispensing of motor vehicle fuels or oils, whether self-service or not. A service station may furnish supplies, equipment and minor repair services, including tires, to vehicles incidental to selling and dispensing of motor vehicle fuels and oils.

Grade. The average of the finished ground level at the midpoint of each wall of a building or mobile home. In case walls are parallel to and within five (5) feet of a public sidewalk, said ground level shall be measured at the sidewalk.

Group Home. See Residential Group Home.

Home Occupation. Any occupation or activity carried on within a residential property where the activity is conducted only be members of the family living within the residence, where products are not offered for sale from the premises, where no evidence of the occupation is visible or audible from the exterior of the residential property, where traffic is not generated in excess of that customary at residences, and where no commercial vehicles are kept on the premises or parked overnight on the premises. (See also Section 17.06.030)

Kennel. Any building or buildings or land designed or arranged for the care of four (4) or more dogs, cats and/or other household domestic animals over the age of four (4) months, which animals are kept for purposes of show, hunting, as pets or are being boarded.

Livestock. Animals which have historically been bred, reared and utilized for the production of meat, wool, leather, milk, eggs and similar products, including, but not limited to, cows, hogs, sheep, goats and fowl which are raised on a commercial basis.

Lot. A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit.

Lot, Area of. The total area within the property lines of a lot, excluding public streets and alleys, meeting the district requirement of this title.

Lot, Corner. A lot situated at the intersection of two (2) or more streets with frontage on two (2) or more adjacent sides.

Lot Coverage. The area of a zoning lot occupied by the principal building or mobile home and accessory structures.

Lot Depth. The mean distance measured from the front lot line to the rear lot line.

Lot Line. A line of record bounding a lot thereby dividing such lot from another lot or from a right-of-way.

Lot Line, Front. The line separating the lot from the street right-of-way. On a corner lot, the front lot line shall be street lot line having the least dimension.

Lot of Record. A lot which is a part of a subdivision, the map of which has been recorded in the Office of the County Recorder or a parcel of land, the deed of which was recorded in the office of the County Recorder prior to the adoption of this title.

Lot Width. For lots with parallel side lot lines, the shortest distance between the side lot lines. For lots where the side lot lines are not parallel, the width of the lot shall be the length of a straight line measured at right angles to the axis of the lot at the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear lot lines.

Manufactured Home: A home (not previously owned) that is constructed in compliance with the preemptive National Manufactured Housing Construction and Safety Standards of the Federal Department of Housing and Urban Development (HUD) Code, containing a permanently affixed, red emblem. A factory-assembled, completely integrated structure designed for use as a dwelling unit, with a permanent chassis and so constructed as to permit its transport in two (2) or more sections, on wheels temporarily or permanently attached to is frame, from the place of its construction to the location, with a permanent masonry or concrete foundation and connected to available utilities, including but not limited to provisions for water, sewer, electric and natural gas systems contained therein. Such structures shall conform to lot line and setback regulations as required for site-built construction.

Mobile Home: A home (not previously owned) that is constructed in compliance with the preemptive National Manufactured Housing Construction and Safety Standards of the Federal Department of Housing and Urban Development (HUD) Code, containing a permanently affixed, red emblem. A factory-assembled, completely integrated structure designed for use as a dwelling unit, with a permanent chassis and so constructed as to permit its transport in one (1) section (single-wide), on wheels temporarily or permanently attached to is frame, from the place of its construction to the location, with a permanent masonry or concrete foundation and connected to available utilities, including but not limited to provisions for water, sewer, electric and natural gas systems contained therein. Such structures shall conform to lot line and setback regulations as required for site-built construction. This definition shall not include a motorized recreational vehicle or camping trailer.

Modular Home: A Modular Home will be classified as a single-family dwelling.

Mobile Home Park. A tract of land or two (2) or more contiguous tracts of land which contain sites with the necessary utilities for five (5) or more independent mobile homes for permanent habitation either free of charge or for revenue purposes, and shall include any building, structure, vehicle or enclosure used or intended for use as a part of the equipment of such mobile home park. Separate ownership of contiguous tracts of land shall not preclude the tracts of land from common licensure as a mobile home park if they are maintained and operated jointly. A motorized recreational vehicle shall not be construed as being a part of a mobile home park.

Nonconforming Building or Structure. A building or structure whose size, dimensions or location was lawful prior to the adoption, revision or amendment of this title, but which would be prohibited or further restricted under the terms of this title.

Nonconforming Lot. A lot whose area, dimensions or location was lawful prior to the adoption, revision or amendment of this title, but which would be prohibited or further restricted under the terms of this title.

Nonconforming Use. A use or activity which was lawful prior to the adoption, revision or amendment of this title, but which would be prohibited or further restricted under the terms of this title.

Nonconformity, Site Related. A characteristic of the site, such as off-street parking or loading, landscaping, drainage or similar matters which are incidental to the principal use of the property but which do not satisfy current City standards, as established in these Zoning regulations.

Outdoor Restaurant. An eating or drinking establishment which has an unroofed area or a covered area which is not enclosed by walls where patrons may be served food and/or beverages.

Outdoor Storage. The keeping in an unroofed area of any goods, material, or merchandise in the same place for more than twenty-four (24) hours unless such goods, material, or merchandise have been authorized through the issuance of a permit for a temporary outdoor display or temporary seasonal display and sales. The parking of motor vehicles, in operating condition, which are used in the operation of a commercial establishment shall not be considered outside storage.

Permitted Use. A use allowed by right in a zoning district and subject to the restrictions applicable to that zoning district.

Pets. Dogs, rabbits, cats and similar sized domestic animals kept on a noncommercial basis by occupants of dwellings.

Place of Worship. A building or set of buildings used for the purpose of worship and customarily related activities.

Premises. Any land together with any structures occupying it.

Principal Use. The primary use of a lot or premises occupying the major portion of all buildings and structures.

Residential Group Home. A building with an exterior appearance similar to a single-family residence which houses eight (8) or fewer unrelated mentally or physically handicapped persons (including a person with a development disability as defined under Illinois Compiled Statutes, Chapter 405, Act 5, Section 1-106) and may include two (2) additional persons acting as houseparents or guardians.

Satellite Dish Antenna. A device or structure which is used to transmit and/or receive radio, television or electromagnetic waves or signals between terrestrially and/or orbitally based uses through a reflective surface that is sold, open mesh or bar configured and generally is in the shape of a shallow dish, cone, horn, or cornucopia. This definition includes, but is not limited to, satellite earth stations, television-reception-only (TVROs), and satellite microwave antennae.

Screening. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.

Seasonal Sales. The outdoor display of merchandise of interest to consumers on a seasonal basis including, but not limited to, Christmas trees, pumpkins, and lawn and garden supplies.

Setback. The minimum horizontal distance between the front, rear or side lines of the lot and the front, rear or side lines of the building including porches, carports and accessory uses subject to yard encroachment provisions (cross reference Section 17.06.020). For lots fronting on curvilinear streets the front setback shall be measured from a line perpendicular to the chord line to the nearest point of a structure.

Setback, Required. The minimum horizontal distance between the lot line and the buildable area of a lot necessary to meet the yard requirements of the applicable zoning district. The required setback line shall be parallel to the lot line.

Sight Triangle. On a corner lot, the triangle formed by the curb lines adjacent to such lot and a line drawn between point on such curb lines which are forty (40) feet from the intersection of the projection of such curb lines. (See figure 1 on page 9.)

Single-Family Dwelling. See Dwelling, Single-Family.

Special Use. A use that would not be appropriate generally throughout a zoning district because of potential danger, smoke, noise or odor, but which, if controlled as to number, area, location, or relation to the neighborhood, would not be detrimental to public health, safety, morals or general welfare.

Street. A public or private right-of-way which affords the principal means of access to abutting property.

Structure. Anything constructed, erected or located on the ground, or attached to something having or requiring a fixed location on the ground including a building, sign, billboard, fence, tennis court, parking lot, driveway or similar feature, but not including a regulation mailbox.

Subdivision. The division and recording in accordance with law of a parcel of land into two (2) or more lots for the purpose of transfer of ownership for development, sale or lease.

Temporary Use. A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

Used Car Sales. A lot or premises where two (2) or more used vehicles are offered for sale concurrently or where four (4) or more used vehicles are offered for sale over a period of one (1) year.

Figure 1

Variance. A relaxation by the Board of Zoning Appeals of the dimensional regulations of the Zoning Ordinance where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of the code would result in practical difficulties or particular hardship.

Vehicle. A piece of equipment, whether motorized or nonmotorized, designed as a means of transport using wheels or runners and including an automobile, trailer, truck, machinery that is towed, or similar piece of equipment.

Yard. An open space at grade between a building and the adjoining lot line unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in Section 17.06.020. (See diagram in Figure 2.)

Yard, Front. A yard extending across the full width of a lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. (See diagram in Figure 2.)

Yard, Rear. A yard extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line. (See diagram in Figure 2.)

Yard, Required. The area of setback distance established by the dimensional regulations in the appropriate zoning district, and measured from and parallel to the lot line for side and rear yards and from and parallel to the nearest right-of-way line for front yards. (See diagram in Figure 2.)

Yard, Side. A yard extending from the front yard to the rear lot line between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building or a yard which is not a front or rear yard. On corner lots, the yard between the main building and the longest street frontage of the lot shall also be considered a side yard. (See diagram in Figure 2.)

Zoning Certificate. A document issued by the Building Official authorizing buildings, structures or uses consistent with the terms of this title and for the purpose of carrying out and enforcing the terms of this title and for the purpose of carrying out and enforcing its provisions.

Zoning Map. The zoning map or maps of the City together with all amendments subsequently adopted.

Figure 2

(Ord. No. 1997-6-16-D, Art. 2(2.2), 6-16-1997; Ord. No. 1999-3-15-A, § I, 3-15-1999; Ord. No. 2008-6-2-B, § I, 6-2-2008; Ord. No. 2020-7-20-A, § 2, 7-20-2020)