For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING OR USE. A subordinate building or use customarily incident to and located on the same lot occupied by the main building or use and constructed or established at the same time or after construction of the main building or use.
ADULT BOOK STORES. An establishment having as a substantial portion of its stock in trade, books, magazines, films for sale or viewing on the premises by use of motion picture devices or any other coin operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depiction, describing, or relating to specified sexual activities, or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.
ADULT ENTERTAINMENT CABARET. A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers and/or waitresses, strippers, male or female impersonators, or similar entertainers.
ADULT MINI MOTION PICTURE THEATER. An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to special sexual activities or specified anatomical areas for observation by patrons thereon.
ADULT MOTION PICTURE THEATER. An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting motion pictures having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
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, 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, (PA. 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, (PA. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS ESTABLISHMENT. An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.
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 procedure a cannabis-infused product, per the Cannabis Regulation and Tax Act (PA. 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 (PA. 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 (PA. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ALLEY. A way which affords only a secondary means of access to property abutting thereon.
APARTMENT. A room or suite of rooms intended, designed, or used as a residence by a single family.
APARTMENT HOUSE. See Dwelling, Multiple.
BASEMENT. A story partly underground and having at least ½ of its height above the average level of the adjoining ground. A basement shall be counted as a story if subdivided and used for dwelling or business purposes, other than for the quarters of a watchman or janitor.
BOARDING HOUSE. A building other than a hotel where, for compensation and by arrangement, meals or lodging and meals are provided for 3 or more persons.
BODY SHOP OR MODEL STUDIO. Any public or private establishment which describes itself as a body shop or model studio, or where for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by person paying such consideration or gratuity, or share for any form of consideration or gratuity, nude and seminude dancing, readings, counseling sessions, body painting, and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas are provided for observation by or communication to persons paying such consideration or gratuity.
BODY PIERCING. Any procedure whereby a part of the human body is pierced by a sharp instrument in order to allow insertion of a piece of jewelry, a ring or other commercial device through the orifice thus created by a person, firm and/or entity other than a licensed medical and/or osteopathic professional.
BUILDING. Any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind.
BUILDING, HEIGHT OF. The vertical distance from the 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 eaves and ridge for gable, hip and gambrel roofs.
BUILDING STRUCTURE Any structure or group of structures housing 2 or more business which share a common entry, exit, wall, or frontage wall, including, but not limited to, shopping centers, shopping malls, shopping plazas, or shopping squares.
CELLAR. That portion of a building between floor and ceiling which is wholly or partly below grade, and having more than ½ of its height below grade.
CLINIC. An establishment where patients, who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.
CLUB. A building or portion thereof or premises owned or operated by a corporation, association, or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
DISTRICT. Any section of the city for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.
DWELLING Any building or portion thereof which is designed for or used for residential purposes.
DWELLING, MULTIPLE.. A building designed for or occupied exclusively by 3 or more families.
DWELLING, SINGLE-FAMILY. A building designed for or occupied exclusively by 1 family.
DWELLING, TWO-FAMILY. A building designed for or occupied exclusively by 2 families.
EXPLOSIVES. Any chemical compound or any mechanical mixture containing any oxidizing and combustible units or other ingredients in such proportions, quantities or packing that an ignition by fire, friction, concussion, or detonator of any part of the compound or mixture may cause sudden generation of highly tested gases that the resultant gaseous pressures are capable of producing destructive effects upon life, limb or contiguous objects, but does not mean gasoline, kerosene, naphtha, turpentine, benzine, butane, propane collided nitrocellulose in sheets or rods or grains not under 1/8 of an inch in diameter, wet nitrocellulose and wet nitro starch containing 20% or more moisture or wet picric acid containing or being in 10% or more moisture. Manufactured articles such as fixed ammunition for small arms, fire crackers, safety fuse, matches, and the like, shall not be held to be explosives when the individual units contain explosives in such limited quantity, of such nature or in such packing that it is impossible to produce a simultaneous or a destructive explosion of such units, to the injury of life, limb or property.
FAMILY. One or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises, as distinguished from a group occupying a boarding house, lodging house, or hotel, as herein defined.
FARM. A tract of land used for the growing and storage of the usual agricultural products such as grain, vegetables, and fruits as well as for raising thereon of the usual farm poultry and farm animals
such as horses, cattle, sheep and swine. The term includes the utilization of such land for 1 or more of the above uses including dairy farms with the necessary operations for treating or storing the produce provided, however, that the operation of any accessory uses shall be secondary to that of the normal farming activities. Any tract on which the principal use is the raising of fur bearing animals, such as mink, muskrats, rabbits, and the like, shall not be considered a farm. A commercial feed lot shall not be considered a farm. Residential structures occupied by persons primarily engaged in farming are included in the term
FARMING. However, there shall not be more than 3 dwellings on any 1 farm.
FILLING STATION. Any building, structure, or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils, or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories but not including major repair work such as motor replacement, body and fender repair, or spray painting.
FRONTAGE. All the property on 1 side of a street between 2 intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead ended, then all of the property abutting on 1 side between an intersecting street and the dead end of the street.
GARAGE, PRIVATE. An accessory building designed or used for the storage of not more than 4 motor-driven vehicles owned and used by the occupants of the building to which it is accessory, and not storing more than 1 commercial vehicle or any vehicle which exceeds a 2-ton capacity.
GARAGE, PUBLIC. A building or portion thereof, other than a private, storage, or parking garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles.
GARAGE, STORAGE OR PARKING. A building or portion thereof designed or used exclusively for term storage by prearrangement of
motor-driven vehicles, as distinguished from daily storage furnished transients, and within which motor fuels and oils may be sold, but no motor-driven vehicles are equipped, repaired, hired, or sold.
GRADE.
(1) For buildings having walls adjoining 1 street only, the elevation of the sidewalk at the center of the wall adjoining the street.
(2) For buildings having walls adjoining more than 1 street, the average of the elevation of the sidewalk at the centers of all walls adjoining the streets.
(3) For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
Any wall approximately parallel to and not more than 5 feet from a street line is to be considered as adjoining the street. Where no sidewalk exists the grade shall be established by the City Engineer.
HOME OCCUPATION. Any occupation or activity entirely incidental to residential use when carried on by a member of the immediate family residing on the premises in connection with which there is used no sign other than a name plate not more than 1 square foot in area, or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes. HOME OCCUPATION shall include the use of the premises by a physician, surgeon, dentist, lawyer, clergyman, or other professional person for consultation or emergency treatment but not for the general practice of his profession. HOME OCCUPATION shall further include beauty parlors and barber shops when used under the following conditions: Beauty parlors
and barber shops, when entirely incidental to residence use, when carried on in the home by a member of the immediate family residing on the premises in connection with which there is no sign, display, or other evidence that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling and no person is employed other than a member of the immediate family residing on the premises; then shall such beauty parlors and barber shops be permitted in all residential districts. Commercial beauty parlors and barber shops shall only be permitted in C-1 district as now provided by ordinance.
Clinics, doctors’ offices, hospitals, dress shops, millinery shops, real estate offices, tea rooms, tourist homes, animal hospitals, and kennels shall not be deemed to be
HOME OCCUPATIONS.
HOTEL. A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding house, a lodging house, or an apartment which are herein separately defined.
LAUNDROMAT. An establishment providing home type washing, drying, or ironing machines for hire to be used by customers on the premises.
LOADING SPACE. A space within the main building or on the same lot therewith, providing for the standing, loading, or unloading of trucks, and having a minimum dimension of 12 feet by 35 feet and a vertical clearance of at least 14 feet.
LODGING HOUSE. A building other than a hotel where lodging for 3 or more persons is provided for compensation pursuant to previous arrangement.
LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including 1 main building together with its accessory buildings, the open spaces and parking spaces
required by this chapter, and having its principal frontage upon a street or upon an officially approved place.
LOT, COMMERCIAL FEED. Any tract of land on which the principal use is the raising of, or the concentrated feeding of livestock, fowl, or edible animals or the sale of products derived from such animals.
LOT, CORNER. A lot abutting upon 2 or more streets at their intersection.
LOT, DOUBLE FRONTAGE. A lot having a frontage on 2 nonintersecting streets as distinguished from a corner lot.
LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the Recorder of Deeds of LaSalle County; or a parcel of land, the deed of which was recorded in the office of the Recorder of Deeds of LaSalle County.
MASSAGE. Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
MASSAGE ESTABLISHMENT. An establishment having a fixed place of business where any person, firm, association, or corporation engages in, or carries on, or permits to be engaged in or carried on any of the activities mentioned in the definition of massage of this section.
MINES. Any excavation from the earth whereby minerals, precious stones, ore deposits, coal deposits, or any open pit mine deposits are being or will be conducted.
MOBILE HOME. Any structure designed for long term occupancy and containing sleeping accommodations, a toilet, kitchen facilities with plumbing, and electrical connections provided for attachment to outside systems; designed to be transported after fabrication on its own wheels, or on flatbed or other trailers or detachable wheels which arrives at the site ready for occupancy except for minor and incidental unpacking. MOBILE HOMES, as herein defined shall not be permitted in any zoning district within the zoning limits. Travel trailers may be located in any zoning district but shall be used for dwelling purposes.
MOTOR COURT or MOTEL. A building or group of buildings used for the temporary residence of motorists or travelers.
NONCONFORMING USE. The use of land or a building, or portion thereof, which use does not conform with the use regulations of the district in which it is situated.
NURSING HOME. A home for the aged or infirm in which 3 or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
OPEN CUT MINING. The mining of coal, clay, stone, sand or other minerals by removing the overburden lying above natural deposits thereof, and mining directly from natural deposits thereby exposed.
PARKING AREA. An open, unoccupied space used or required for use for parking of automobiles exclusively and in which no gasoline or automobile accessories are sold or no other business is conducted and no fees are charged.
PARKING LOT. Any area used in whole or in part for storing or parking motor vehicles and where either a parking fee is charged therefor or the lot is operated in connection with, or for the use of
customers of, a commercial or industrial use or where the parking area is used in connection with or for any other use and is not located on the same lot with the building or use served or within the distance therefrom specified in § 153.062.
PARKING SPACE. A surfaced area, enclosed in the main building or in an accessory building, or unenclosed, having an area of not less than 180 square feet exclusive of driveways, permanently reserved for the temporary storage of 1 automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.
PIT MINES. A tract of land, from which overburden has been or is being removed for the purpose of open cut mining.
PLACE. An open unoccupied space or a public or private thoroughfare other than a street or alley permanently reserved as the principal means of access to abutting property.
ROOMING HOUSE. See Lodging House.
SOLAR ENERGY POWER IMPROVEMENT AND DEVELOPMENT. Any solar energy enhancement, improvement, development on and/or fixture to real estate for the purpose of harnessing and/or otherwise using and/or having the benefit of radiant light and/or heat from the sun, whether by means of solar heating, photovoltaics, solar thermal energy, solar architecture, artificial photosynthesis, or otherwise.
SOLAR ENERGY POWER IMPROVEMENT AND DEVELOPMENT OF ROOF MOUNTED TYPE ONLY. Any solar energy panel development and/or improvement that is mounted on a roof.
SPECIFIED ANATOMICAL AREAS. Any of the following conditions:
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region, or pubic hair;
(b) Buttock; or
(c) Female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following conditions:
(1) Human genitals in a state of sexual stimulation or arousal.
(2) Acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation, or flagellation.
(3) Fondling or erotic touching of human genitals, pubic region, buttock, or female breast.
(4) Excretory functions as part or in connection with any activities set forth in (1) through (3) above.
STORY. That portion of a building, other than a cellar or basement (except one used for business or residence), 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 the floor and the ceiling next above it.
STORY, HALF. A partial story under a gable, hip, or gambrel roof, the wall plates of which on at least 2 opposite exterior walls are not more than 4 feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.
STREET. A public or private thoroughfare which affords the principal means of access to abutting property.
STREET LINE. A dividing line between a lot, tract, or parcel of land and a contiguous street.
STRUCTURE. Anything constructed or erected, the use of which requires more or less 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, billboards, backstops for tennis courts, and pergolas.
STRUCTURAL ALTERATION. Any change, except those required by law, in the supporting members of a building, such as bearing walls, columns, beams, or girders, or any substantial
changes in the roofs or exterior walls but not including openings in bearing walls as permitted by existing laws.
TATTOO, TATTOOED and TATTOOING. Any method of placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin by the aid of needles or other instruments designed to touch or puncture the skin by any person, firm or entity other than a licensed medical or licensed osteopathic professional.
TATTOOING OPERATOR. Any individual, firm, company, corporation or association that owns or operates an establishment where tattooing is performed, and any individual, firm or entity other than a licensed medical or licensed osteopathic professional, who performs or practices the art of tattooing other human beings.
TOURIST HOME. A building other than a hotel where lodging is provided and offered to the public for compensation for not more than 20 transient guests.
TRAVEL TRAILER. A vehicular portable structure designated as a temporary dwelling for travel, recreational and vacation uses. One travel trailer may be located on a lot in any zoning district but shall not be used for dwelling purposes.
YARD. An open space at grade between a building and the adjoining lot lines, 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, the depth of a front yard, or the depth of the rear yard, the minimum horizontal distance between the lot line and the 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 or place line and the main building or any projections thereof other than projections permitted in
§ 153.046(B). On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
YARD, REAR. A yard extending across the rear of a lot and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies, or unenclosed porches. On all lots the rear yard shall be in the rear of the front yard.
YARD, SIDE. A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereto.
(1963 Code, § 10-1-2) (Ord. 590, passed 6-26- 1958; Am. Ord. 656, passed 6-3-1963; Am. Ord. 741, passed 10-16-1967; Am. Ord. 1053, passed 10-24-1983; Am. Ord. 1633, passed 3-23-1998; Am. Ord. 2234, passed 6-14-2010; Am. Ord. 2855, passed 11-4-2019; Am. Ord. 2877, passed 5-5-2020)