For the purpose of this Title, certain words, or terms used herein shall be interpreted as follows:
All words used in the present tense shall include the future; all words in the singular number shall include the plural number and all words in the plural number include the singular number; and the word "building" includes the word "structure" and "dwelling" includes "residence"; the word "person" includes "corporation", "copartnership", "association", as well as an "individual"; the word "shall" is mandatory and the word "may" is permissive; the word "lot" includes the words "plat" or "parcel"; the words "used" or "occupied" include the words "intended", "designed" or "arranged to be used or occupied".
Terms not herein defined shall have the meaning customarily assigned to them.
ACCESSORY BUILDING: A subordinate building or structure on the same lot with a main building, or portion of the main building occupied or devoted exclusively to an accessory use. Where an accessory building is attached to the main building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building.
ACCESSORY USE: A use of a nature customarily incidental and subordinate to the main use of the premises.
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An adult-use cannabis cultivation center, adult-use cannabis craft grower, adult-use cannabis processing organization, adult-use cannabis infuser organization, adult-use cannabis dispensing organization, or adult-use cannabis 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 pursuant to 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: 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 pursuant to 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: 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 pursuant to 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 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 pursuant to 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 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 pursuant to 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 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 pursuant to 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.
ALLEY: Any dedicated or conveyed or other public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.
ALTERATION: Any change, addition, or modification to a structure or type of occupancy; any change in the structural members of a building, such as walls, or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed".
APARTMENTS: The dwelling units in a multiple dwelling as defined herein:
(A) Efficiency Apartment: A dwelling unit of less than three hundred (300) square feet of floor area consisting of not more than one room in addition to kitchen and sanitary facilities.
(B) One Bedroom Unit: A dwelling unit containing a minimum floor area of at least four hundred (400) square feet consisting of not more than three (3) rooms in addition to kitchen and necessary sanitary facilities.
(C) Two Bedroom Unit: A dwelling unit containing a minimum floor area of at least five hundred (500) square feet, consisting of not more than four (4) rooms in addition to kitchen and necessary sanitary facilities.
(D) Three or More Bedroom Units: A dwelling unit wherein for each room in addition to the four (4) rooms permitted in a two (2) bedroom unit, there shall be provided an additional area of one hundred (100) square feet to the minimum floor area of five hundred (500) square feet in addition to kitchen and necessary sanitary facilities.
AUTOMOBILE REPAIR GARAGE: A place where, along with the normal activities of a gasoline service station, the following activities may be carried out: Vehicle body repair, engine rebuilding or repair, undercoating, painting, tire recapping, upholstery work, and auto glass work.
AUTOMOBILE SERVICE STATION: Any premises used for the sale of gasoline and lubricants; the sale of and fitting of tires, batteries and automobile supplies; the washing of automobiles; but, not including automobile repairs requiring machine shop and not including automobile body and/or fender repairs.
BASEMENT: That portion of a building that is partly or wholly below grade but so located that the vertical distance from average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.
BILLBOARD: Any structure or portion thereof upon which a sign or advertisement used as an outdoor display for the purpose of making anything known to the general public is affixed. This definition does not include any bulletin boards used to display official court, public official notice, or church bulletin boards.
BOARDING HOUSE: A building other than a hotel where, for compensation, meals and lodging are provided for three (3) but not more than twelve (12) persons.
BUILDING: Anything constructed or erected, the use of which occasions permanent location on the ground or attached to something having a permanent location on the ground. When a building is divided into separate parts by unpierced walls, each part shall be deemed a separate building.
BUILDING AREA: The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
BUILDING, MAIN: A building in which is conducted the principal use of the lot on which it is situated.
BUILDING, HEIGHT OF: The vertical distance measured from the established grade of the center of the front of the building to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs, and to the average height between eaves and ridges of gable, hip, and gambrel roofs; and to the average height between the lowest point to the highest point on a shed roof.
BUILDING FRONT LINE: The vertical face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
BUSINESS DISTRICT or ZONE: Any one of the B-1 or B-2 Districts.
CLUB: An organization of persons for special purposes or for the promulgation of social, fraternal, sports, arts, science, literature, politics, or the like, but not for profit.
COURT: An open unoccupied space, other than a yard, and bounded on at least two (2) sides by a building. A court extending to the front yard or front lot line or to the rear yard or rear lot line is an "outer court". Any other court is an "inner court".
COVERAGE: The percentage of the lot area covered by the building area.
CRTA: 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.
CURB LEVEL: The level of the established curb front of the building measured at the center of such front. Where no curb has been established, the Village Engineer shall establish such curb or its equivalent for the purpose of this Title.
DISTRICT: An area or section of the village in which the regulations regarding use of buildings and premises, height of buildings, and the yard space about structures are uniform and set apart and distinct from other areas or sections having different regulations and all of which areas or sections are designated by different delineations upon the "district map" which is made a part of this title and is attested and on file in the office of the clerk.
DISTRICT MAP: A delineation of the boundaries of areas or divisions of the village for the purpose of regulating, limiting and determining the height and bulk of buildings, the intensity of the use of lot areas, the areas of open spaces within and surrounding buildings for the purpose of classifying, regulating and restricting the location of trades and industries, and buildings designed for specified industrial, business, and residential uses, and which map is attested and is on file in the office of the village board.
DRIVE-IN: A business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.
DRIVE-IN RESTAURANTS: Any establishment where food, frozen dessert, and/or beverages are sold to customers for the consumption in an automobile parked upon the premises, or where other facilities located outside a building are provided for the use of customers for the purpose of consumption of food, frozen dessert, and/or beverages on the premises outside the building.
DWELLING, MULTIPLE: A building, or portion thereof, designed exclusively for occupancy by three (3) or more families living independently of each other.
Apartment Building: A residential structure containing three (3) or more dwelling units, but not a row house or terrace.
Row House: A two-story row of three (3) or more attached one- family dwellings, not more than two (2) rooms deep, each unit of which extends from the foundation or basement to the roof.
Terrace: A one- or two-story row of three (3) or more attached one-family dwellings, not more than two (2) rooms deep, and having the total dwelling space on one floor.
DWELLING, ONE-FAMILY: A building designed exclusively for and occupied exclusively by one family.
DWELLING, TWO-FAMILY: A building designed exclusively for occupancy by two (2) families, living independently of each other.
DWELLING UNIT: One or more rooms, including a kitchen or kitchenette, located within a residence providing complete living facilities for one family and containing facilities and equipment for living, sleeping, cooking and eating.
EQUIPMENT SALES, LEASING, OR RENTAL: The sale, servicing, repair, and rental of personal property, tools, equipment, and vehicles, for activities including residential, agricultural, construction, industrial, maintenance, municipal, and warehouse uses.
Equipment sales, leasing, or rental does not include the sale, leasing, or rental, of any vehicles that are required to be registered as a motor vehicle with the state of Illinois; any motorized motor home, mini-motor home, or truck camper; and the sale of new or used vehicles that require a license from the state of Illinois.
Equipment sales, leasing, or rental also does not include the rental, sale, or leasing, of semitrailers, storage or shipping containers, portable storage containers, garbage and trash receptacles, or recycling bins or containers.
ERECTED: Includes built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises required for the construction. Excavation, fill, drainage, installation of utilities, and the like, shall be considered a part of erection.
ESSENTIAL SERVICES: The erection, construction, alteration, or maintenance by public utilities or municipal departments of underground, surface or overhead gas, electrical, steam, fuel, or water transmission or distribution systems, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or Municipal departments for the general public health, safety or welfare.
FAMILY: A "family" shall consist of a group of persons living in a single dwelling who maintain a common household and a single housekeeping unit. In families where children are present, a family shall be limited to two (2) adults (excluding domestic help) and their direct lineal descendants which include adopted and foster children. Where no children are present, a family shall be limited to four (4) related adults.
FARM: An area which is used for the growing of the usual farm products such as vegetables, fruit, trees, and grain, and their storage on the area, as well as for the raising thereon the usual farm poultry and farm animals for the use or consumption of the person or persons operating the farm. The term "farming" includes the operating of the necessary accessory uses for treating or storing the produce; providing, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities, and providing further, that farming does not include the feeding of garbage or offal to swine or other animals.
FILLING STATION: Any premises used for the sale of gasoline and lubricants; the sale of and fitting of tires, batteries, and automobile supplies; the washing of automobiles; but, not including automobile repairs requiring machine shop and not including automobile body and/or fender repairs.
FLOOR AREA: For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls. The floor area measurement is breezeways, and enclosed and unenclosed porches.
FLOOR AREA RATIO: The ratio of the floor area of a building to its lot area. For example, when a floor area ratio of four-tenths (0.4) is specified, the floor area of a building constructed on a lot of ten thousand (10,000) square feet in area is limited to a maximum of four thousand (4,000) square feet. The number of stories being optional, the building area may be four thousand (4,000) square feet for one story; two thousand (2,000) square feet for each of two (2) stories, and so forth. The purpose of this ratio is to control the bulk of buildings.
FLOOR AREA, USABLE: For the purposes of computing parking, the area is that area used for, or intended to be used for, the sale of merchandise or services or for use to serve patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, or for utilities, shall be excluded from this computation of "usable floor area". Measurement of floor area shall be the sum of the gross horizontal areas of the building measured from the interior faces of the exterior walls. For the purposes of computing parking for those uses not enclosed within a building, the area used for the sale of merchandise, display of merchandise, and/or area used to serve patrons or clients shall be measured to determine necessary parking spaces.
FRONTAGE: All property on one side of a street or place between two (2) intersecting streets or places, crossing or terminating, measured along the line of the street or place; if the street or place is dead-ended, then all of the property abutting on one side between an intersecting street or place and the dead end of the street or place.
GRADE: The average of the elevations of the surface of the ground measured at all of the corners of a building.
GREENBELT: A strip of land of definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this title.
HOME OCCUPATION: An occupation or profession where goods or services are provided to the general public from property within a residential district. A home occupation permit shall be required for any occupation where goods or services are provided to customers from property within a residential district. All home occupations, regardless of whether a permit is required, must comply with all regulations set forth under the special uses for residential districts.
HOTEL: A building occupied as the more or less temporary abiding place of individuals, who are lodged with or without meals, and in which there are more than fifteen (15) sleeping rooms usually occupied singly and no provision is made for cooking in any individual room or apartment.
INDUSTRIAL DISTRICT OR ZONE: Any one or all of the I-1 and I-2 districts.
INSTITUTION: A building occupied by a nonprofit corporation or a nonprofit organization for public use.
JUNKYARD: An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junkyard" includes automobile wrecking yards and includes any area of more than two hundred (200) square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.
KENNEL, COMMERCIAL: Any lot or premises on which three (3) or more dogs or cats are either permanently or temporarily kept or boarded for commercial purposes. A commercial kennel must be located in zoning districts permitting such a use.
LOADING SPACE: An off street space on the same lot with a building, or a group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
LODGING HOUSE: A building or place where lodging is provided or which is equipped regularly to provide lodging by prearrangement for a definite period, for compensation, for three (3) or more but not exceeding twelve (12) individuals, not open to transient guests, in contradistinction to hotels open to transients.
LOT: The lot, when used alone, shall mean a zoning lot unless the context of this title clearly indicates otherwise.
MAJOR THOROUGHFARE: The arterial street which is intended to serve as a large volume trafficway for both the immediate village area and the region beyond, and may be designated as a major thoroughfare, parkway, freeway, expressway, or equivalent term to identify those streets comprising the basic structure of the street plan.
MASTER PLAN: The comprehensive plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the village and includes any unit or part of such plan or parts thereof. Such plan may or may not be adopted by the plan commission and/or the village board.
MEZZANINE: An intermediate floor in any story occupying an area not to exceed one-third (1/3) of the floor area of such story.
MOBILE HOME: Any structure used for living, sleeping, business or storage purposes, equipped with a permanent chassis and designed to be used as a dwelling with or without a permanent foundation which has been or could be equipped with wheels or other devices for transporting the structure from place to place whether by motive power or other means.
MOBILE HOME PARK: Any plot of ground upon which twenty five (25) or more trailer coaches, occupied for dwelling or sleeping purposes, are located.
MODULAR DWELLING: A building assembly or system of building subassemblies designated for habitation as a dwelling for one or more persons for residential purposes including the necessary electrical, plumbing, heating, ventilating, and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer on or off the building site, for installation, or assembly and installation on the building site with a permanent foundation.
MOTEL: A series of attached, semidetached, or detached rental units containing bedroom, bathroom and closet space. Units shall provide overnight lodging and are offered to the public for compensation and shall cater primarily to the public traveling by motor vehicle. The term "motel" includes buildings designed as auto courts, tourist courts, motor hotels, motor lodges and similar terms.
NONCONFORMING BUILDING: A building or portion thereof, existing at the effective date of this title, or amendments thereto, that does not conform to the provisions of this title nor to the use regulations of the district in which it is located.
NURSING OR CONVALESCENT HOME: A structure with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
OCCUPIED: Includes the meaning of "intent", designed or arranged for occupancy.
OFF STREET PARKING LOT: A facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering so as to provide access for entrance and exit for the parking of more than two (2) automobiles.
OPEN FRONT STORE: A business establishment, other than a drive-in or gasoline service station, so developed that service to the patron may be extended beyond the walls of the building, not requiring the patron to enter said building.
PARKING SPACE: An area of definite length and width and shall be exclusive of drives, driveways, aisles or entrances giving access thereto and shall be fully accessible for the storage or parking of permitted vehicles.
PUBLIC UTILITY: Any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public: gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.
RECREATIONAL VEHICLE: A vehicular type portable structure (marine or terrain) without a permanent foundation that can be towed, hauled, or driven, and that is primarily designed for recreational, camping, and travel use, including, but not limited to: camping trailers, motor homes, mini-motor homes, travel trailers, truck campers, van campers, stock cars, boats, snowmobiles, all-terrain vehicles, golf carts, or other such item used primarily for recreational purposes. "Recreational vehicle" also includes trailers designed to transport materials other than people, including, but not limited to, boats, vehicles, snowmobiles and other forms of cargo. When recreational vehicles are affixed to a trailer, the vehicles and trailer shall be considered one recreational vehicle.
SERVICE ESTABLISHMENTS: Shops wherein the major activities are the repair and maintenance of wearing apparel, sporting goods, and articles for the use in the home including household appliances.
SETBACK: The distance required to obtain front, side or rear yard open space provisions of this title.
SIGN: The use of any words, numerals, figures, devices, designs or trademarks by which anything is made known (other than billboards) such as are used to show an individual firm, profession or business and are visible to the general public.
SPECIAL USES: This zoning title is based upon the division of the village into districts within which districts the use of land and buildings and the location of structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular district without consideration in each case, of the effect such uses will have on neighboring land and of the public need for the particular use at a particular location. Such special uses fall into two (2) general categories:
(A) Uses either municipally operated, or operated by publicly regulating utilities or uses traditionally affected with a public interest.
(B) Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their effect upon neighboring properties or public facilities.
STABLE: A building accommodating one or more horses.
STORY: That part of a building (except a "mezzanine" as defined herein) included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling when more than fifty percent (50%) by cubic content is below the height level of the adjoining ground.
STORY, HALF: An uppermost story lying under a sloping roof, the floor area of which, at a height of four feet (4') above the floor, does not exceed one-half (1/2) of the floor area in the story directly below, and the height above at least two hundred (200) square feet of floor space is seven feet six inches (7'6").
STREET: All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to easements therefor.
STREET LINE: A dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATION: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
STRUCTURE: Anything constructed or erected, that use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting, the generality of the foregoing, advertising signs, billboard backstops for tennis courts and pergolas.
TEMPORARY BUILDING OR USE: A structure or use permitted by the board of appeals to exist during periods of construction of the main building or use, or for special events.
USE: The purpose for which land or a building is designed, arranged or intended to be used, or for which land or building is or may be occupied.
USE, MAIN: The principal use to which the premises are devoted and the principal purpose for which the premises exist.
VEHICLE: Every device in, upon, or by which any person or property is or may be transported.
VEHICLE SALES AND RENTAL: The sale, rental, or display of vehicles, boats, trailers, recreational vehicles, mobile homes, or farm equipment, not including salvage operations or scrap operations.
WALL (FENCE): An obscuring structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this title.
YARD:
An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, or the depth of a rear yard, the mean horizontal distance between the lot line and main building shall be used.
YARD, FRONT:
A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street line and the main building or any projection thereto other than the projection of the usual steps.
YARD, REAR: A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and rear of the main building or any projections other than steps. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
YARD, SIDE:
A yard between the main building and the side line of the lot and extending from the front yard line to the rear yard line.
ZONING EXCEPTIONS AND VARIANCES:
Exception: A use permitted only after review of an application by the zoning board or the village board; such review being necessary because the provisions of this title covering conditions, precedent or subsequent, are not precise enough to all applications without interpretation, and such review is required by this title.
Variance: A modification of the literal provisions of this zoning title granted when strict enforcement of this zoning title would cause undue hardship owing to circumstances unique in the individual property on which the variance is granted.
The crucial points of variance are: undue hardship and unique circumstances applying to the property. A variance is not a justification unless these elements are present in the case.
The "exception" differs from the "variance" in several respects. An exception does not require "undue hardship" in order to be allowable. The exceptions that are found in this title appear as "special uses" on review by the village board or zoning board. These land uses could not be conveniently allocated to one zone or another, or the effects of such uses could not be definitely foreseen as of a given time. The general characteristics of these uses include one or more of the following:
(A) They require large areas.
(B) They are infrequent.
(C) They sometimes create an unusual amount of traffic.
(Ord. 482, 4-7-1982; amd. Ord. 550-C, 5-10-1995; Ord. 482-T, 2-26-1997; Ord. 482X, 7-9-1997; Ord. 646, 8-8-2007; Ord. 740, 3-13-2013; Ord. 758, 12-11-2013; Ord. 880, 7-10-2019
; Ord. 895, 11-13-2019
)