For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If regulatory provisions are incorporated in definitions, the definitions shall themselves be considered as imposing regulations.
ADULT USES. The following specified uses shall be included within the term ADULT USES.
(1) 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, characterized, represented or advertised by or based on their emphasis on matter depicting, 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 the material. Without limiting the scope of this definition, establishments advertising films rated as “XXX” will be considered an ADULT BOOKSTORE.
(2) ADULT ENTERTAINMENT CABARET. A public or private establishment which serves food and/or alcoholic beverages and features or has, whether regularly or irregularly topless, nude or semi-nude dancers, strippers, male or female impersonators or similar entertainers.
(3) ADULT MINI MOTION PICTURE THEATRE. An enclosed building with a capacity for less than 50 persons used for presenting material distinguished, characterized, represented or advertised by or based on an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” for observation by patrons therein. Without limiting the scope of this definition, establishments advertising films rated as “XXX” will be considered an ADULT MINI MOTION PICTURE THEATRE.
(4) ADULT MOTION PICTURE THEATRE. 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, characterized, represented or advertised by or based on an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein. Without limiting the scope if this definition, establishments advertising films rated as “XXX” will be considered an ADULT MOTION PICTURE THEATRE.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If regulatory provisions are incorporated in definitions, the definitions shall themselves be considered as imposing regulations.
ADULT USES. The following specified uses shall be included within the term ADULT USES.
(1) 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, characterized, represented or advertised by or based on their emphasis on matter depicting, 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 the material. Without limiting the scope of this definition, establishments advertising films rated as “XXX” will be considered an ADULT BOOKSTORE.
(2) ADULT ENTERTAINMENT CABARET. A public or private establishment which serves food and/or alcoholic beverages and features or has, whether regularly or irregularly topless, nude or semi-nude dancers, strippers, male or female impersonators or similar entertainers.
(3) ADULT MINI MOTION PICTURE THEATRE. An enclosed building with a capacity for less than 50 persons used for presenting material distinguished, characterized, represented or advertised by or based on an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” for observation by patrons therein. Without limiting the scope of this definition, establishments advertising films rated as “XXX” will be considered an ADULT MINI MOTION PICTURE THEATRE.
(4) ADULT MOTION PICTURE THEATRE. 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, characterized, represented or advertised by or based on an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein. Without limiting the scope if this definition, establishments advertising films rated as “XXX” will be considered an ADULT MOTION PICTURE THEATRE.
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 TRANSPORTATION 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.
ALLEY. Land devoted to secondary access to lots. Frontage on an alley shall not be considered as satisfying any requirements related to frontage on a street.
BED AND BREAKFAST OPERATION. A use which is subordinate to the principal use of a dwelling unit as a single-family unit and in which transient guests are provided a sleeping room and board in return for payment.
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 persons paying the consideration or gratuity, or where for any form of consideration or gratuity, nude and semi-nude 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 observations by or communication to persons paying the consideration or gratuity.
BUILD. To erect, convert, enlarge, reconstruct, structurally alter or otherwise materially change a building or structure.
BUILDING or STRUCTURE. Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings built for use of persons or animals, whether as shelter, storage or otherwise. STRUCTURE means anything built that requires a permanent location.
CAMPGROUNDS. Any area or tract of land used to accommodate two or more camping parties, including cabins, tents, house trailers or other camping outfits.
CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a not-for-profit religious body organized to sustain public worship. An accessory use may include, but shall not be limited to a nursery, pre-kindergarten, kindergarten, play, special and other private schools or a day care center.
CITY. Quincy, Adams County, Illinois.
CLINIC. An establishment occupied by one or more members or a medical, dental or other healing profession.
CLUB. Any not-for-profit organization whose premises, whether owned or leased by the organization, are restricted to its members and their guests and are used for its own not-for-profit purposes and not for unrelated purposes.
COUNCIL. City Council of Quincy, Adams County, Illinois.
DISTRICT. A part of the city or of the contiguous unincorporated territory within one and one-half miles of the city corporate limits wherein regulations of this chapter are uniform.
DISTRICT MAP. The map referred to in § 162.002(C). The term DISTRICT MAP may also include zoning map, official zoning map or other words of similar importance indicating a reference to the map.
DOMESTIC VIOLENCE SHELTER. A residential facility serving as a shelter to house persons who are victims of domestic violence including dependents of the victim, to provide temporary boarding, lodging, counseling and/or day care for shelter residents.
DWELLING. A building or structure used entirely for residential purposes. A DWELLING may involve (without limiting the same) modular housing or prefabricated housing, but shall not include hotels, motels, lodging houses, boarding houses, group homes or halfway houses or similar housing. A single-family dwelling is a DWELLING that contains only one living unit; a two-family dwelling is a DWELLING that contains only two living units and a multiple-dwelling is a DWELLING that contains more than two living units.
FAMILY. Any one of the following:
(1) An individual, or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit;
(2) A group of two or more persons, all of whom are related by blood, marriage or adoption, except that the group may include one person not so related, living together as a single housekeeping unit;
(3) A group of two or more persons all of whom are related by blood, marriage or adoption, except the group may include up to eight persons up to 18 years of age not so related who have been placed in the housekeeping unit either pursuant to and as approved by court order or, alternatively, by the Department of Child and Family Services or a Child Welfare Agent duly licensed as such by the state, pursuant to and in accordance with the Illinois Child Care Act of 1969, as from time to time amended, living together as a single housekeeping unit; or
(4) A group of up to four persons over 18 years of age (who may or may not be related) who have been placed in the single housekeeping unit by an agency licensed under the Community Integrated Living Arrangement Act of 1987, as from time to time amended, except that the group may additionally include an unrelated person providing personal care assistance or supervision to the group. RELATED for the purpose of this definition means any of the following relationships by blood, marriage or adoption: parent, grandparent, great-grandparent, descendant, step-descendant, great-uncle, great-aunt, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, nephew, niece or first cousin.
FARM. An area 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 of the usual farm poultry and farm animals such as horses, cattle, sheep and swine. The term FARM includes the operating of an area for one or more of the above uses including, among others, dairy farms with the necessary accessory uses for treating, storing or processing the milk or other produce; provided, however, that the operation of and the accessory uses shall be secondary to that of the normal farming activities. A FARM does not include intensive livestock raising such as commercial feedlots or large batteries of rabbit hutches on farms of less than 40 acres, nor does it include feeding or disposal of garbage or rubbish. Residential structures occupied by persons primarily engaged in farming are included in the term FARM.
FENCE. An enclosure or barrier, constructed of wood, masonry, stone, wire, metal, vinyl or other manufactured material or combination of materials to screen, mark a boundary, control access or separate areas.
GARAGE, PUBLIC. A building or portion thereof used for the housing of motor vehicles or where the vehicles are equipped for operation, repaired or kept for re-numeration hire or sale, not including exhibition or showrooms for model cars.
GROUP HOME. A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of no more than eight persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a 24-hour basis, or present whenever residents with disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located.
HALFWAY HOUSE. A building providing a supervised residence for persons recovering from the effects of drug or alcohol abuse, psychiatric disorder or as a condition of their parole or probation. The homes may provide counseling or educational, vocational or other areas of training to readjust residents back to society.
HOMELESS, EMERGENCY AND TRANSITIONAL SHELTERS. A residential facility providing temporary housing to indigent, needy, homeless, or transient persons; may also provide counseling, vocational training and/or day care for shelter residents.
HOTEL. A building not consisting of living units and occupied by more than 20 persons.
INSTITUTION. A not-for-profit establishment for public use.
INTERESTED PARTY. The record title owner, or the representative thereof, of each property within 250 feet in each direction of the boundary line of the property subject to the requested zoning action. The number of feet occupied by all public roads, streets, alley or other public ways shall be excluded in computing the 250-foot requirement; provided further that in no event shall this requirement exceed 400 feet, including public streets, alleys and other public ways.
LIVE OR LEGITIMATE THEATER. A place where drama is performed on a stage as opposed to other media, such as motion pictures or television.
LIVING UNIT. The room or rooms occupied by a family. The LIVING UNIT must include a separate kitchen and toilet and related facilities.
LODGING HOUSE. A dwelling consisting of not more than one living unit occupied by not more than 20 persons not related by blood, marriage or adoption. This term includes rooming house, boarding house, tourist home and sleeping rooms.
LOT. A parcel of land adequate for occupancy by a use herein permitted providing the yards, area and off-street parking herein required and fronting directly upon a street.
LOT OF RECORD. A lot for which a deed has been duly recorded in the office of the Recorder of Adams County, Illinois, at the effective date of any past, present or future-zoning regulations, as may be applicable at the time or recordation. A LOT OF RECORD, which shall subsequently become a part of a subsequent lot of record, shall continue to be subject to all regulations applicable to it at the time the LOT OF RECORD was originally established or those thereafter established. The combining of LOTS OF RECORD through a subsequent deed shall not alter the regulations, which would otherwise be applicable.
LOTS, ZONING. A tract of land which at the time of applying for a building permit (or, if no building permit is required, at the time of use of identification of a proposed use) is designated (or is in fact used or proposed to be used) by its owner, developer, occupant or other appropriate person, as a tract of land all of which is to be used (or is used or proposed to be used), developed or built upon as a unit under a single ownership.
MASSAGE ESTABLISHMENT. Any 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, including but not limited to massage establishments licensed pursuant to Chapter 110 of the municipal code of the city. For purposes of the above defined term adult uses, the following special definitions shall apply.
(1) 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 supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
(2) SPECIFIED ANATOMICAL AREAS. Any one or more of the following conditions; less than completely and opaquely covered:
(a) Human genitals, pubic region or pubic hair;
(b) Buttock;
(c) Female breast below a point immediately above the top of the areola; or
(d) Human male genitals in a discernibly turgid state, even if completely opaquely covered.
(3) SPECIFIED SEXUAL ACTIVITIES. Any one or more of the following conditions:
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation or flagellation;
(c) Fondling or erotic touching of human genitals, pubic region, buttock or female breast; or
(d) Excretory functions as part of or in connection with any activities set forth in divisions (3)(a) through (3)(c) above.
MEDICAL CANNABIS CULTIVATION CENTER. A facility operated by an organization or business that is registered by the Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.
MEDICAL CANNABIS DISPENSARY CENTER. A facility operated by an organization or business that is registered by the Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.
MOBILE HOMES. A factory-assembled, movable dwelling designed and constructed to be towed on its own chassis, comprised of frame and wheels, whether temporary or permanent, to be used without a permanent foundation, and distinguishable from other types of dwellings in that the standards to which it is built include provisions for its mobility on that chassis. A MOBILE HOME shall be considered a mobile home despite the fact that it is subsequently modified so as not to conform exactly to the above stated definition. The modification may include, but shall not be limited to, modifying the mobile home for use as an office rather than a dwelling or modifying the mobile home so that it is no longer movable (such as by removing the wheels). A MOBILE HOME shall further be considered a mobile home despite the fact that it is placed on a permanent or semi-permanent foundation or that it satisfies usual building requirements for standard construction. The term MOBILE HOME shall include the term trailer or other description of the same. Modular housing and prefabricated housing may be considered a MOBILE HOME as provided in the definition of those terms. It is the intent of these regulations that all single- wide structures be considered MOBILE HOMES whether they might otherwise be said to constitute modular housing or prefabricated housing. All MOBILE HOMES shall be located in mobile home parks or mobile home subdivisions.
MOBILE HOME PARK. An area of land under one ownership where designated spaces for mobile homes are rented. The term MOBILE HOME PARK includes the term trailer camp.
MOBILE HOME SUBDIVISION. An area of land similar to a mobile home park, but with spaces or lots primarily reserved for sale to individual owners as residential sites for mobile homes.
MODULAR HOUSING. A dwelling made up of several pieces, consisting of standard modules transported to or constructed at the site and generally not distinguishable from conventional permanent housing. Although otherwise qualifying as modular housing, MODULAR HOUSING shall be considered a mobile home if less than 15 feet in width or 32 feet in length or if the MODULAR HOUSING is what would normally be considered the equivalent of a single-wide mobile home. A mobile home shall not be considered modular housing. MODULAR HOUSING (as distinguished from a mobile home) must comply with all applicable building, plumbing and electrical codes adopted and incorporated in the municipal code.
MOTEL. An inn or group of cabins designed for occupancy by paying guests.
PREFABRICATED HOUSING.
(1) A dwelling consisting mostly or entirely of component parts manufactured at a factory, transported by trailer or truck to a building site, and there constructed and assembled on a permanent foundation.
(2) Although otherwise qualifying as prefabricated housing, PREFABRICATED HOUSING shall be considered a mobile home if less than 15 feet in width or 32 feet in length or if the PREFABRICATED HOUSING is what would normally be considered the equivalent of a single-wide mobile home. A mobile home shall not be considered PREFABRICATED HOUSING.
(3) PREFABRICATED HOUSING (as distinguished from a mobile home) must comply with all applicable building, plumbing and electrical codes adopted and incorporated in the municipal code.
PREMISES. Land together with any buildings or structures occupying it.
RECREATIONAL VEHICLE. A vehicle used for purposes of recreation, including a portable vehicular structure without a permanent foundation that can be towed, hauled, or driven and is primarily designed as a temporary living accommodation for recreational camping and travel use. The definition includes, but is not limited to, travel trailer, camping trailer, tent-trailer, fifth-wheel trailer and self-propelled motor home. RECREATIONAL VEHICLE does not include manufactured home or mobile home.
RESIDENTIAL CARE HOME. An organization or business that is licensed by the State of Illinois to operate a group home, halfway house, elderly housing, congregate care or assisted living facility.
SELF-STORAGE FACILITY. A single story building or group of single story buildings for the storage of household and personal property only in enclosed, self-contained units.
SIGN, CHANNEL LETTER. An attached sign made of separate, fabricated three-dimensional letters or characters.
SIGN, REVERSE CHANNEL LETTER. An attached sign made of separate, fabricated three-dimensional letters or characters with the sign outlined against a lighted background in a “halo effect.”
STANDARD OUTDOOR ADVERTISING STRUCTURE (SOA).
(1) A SOA which is supported by a monopole, uprights or braces in or upon the ground which are not part of a building, and advertises activities, goods, products, services or facilities that are not sold or offered upon the premises where the SOA is located, provided, however, any SOA authorized in this chapter is allowed to contain noncommercial copy in lieu of any other copy.
(2) A structure with two parallel and directly opposite SOA with their faces oriented in opposite directions located not more than 15 feet apart. A back-to-back SOA shall constitute one SOA except for permit fee purposes. There shall be a maximum of two SOA faces.
Example:
(3) V-TYPE SOA. A sign in the shape of the letter “V” with an angle no greater than 45 degrees. A V-TYPE SOA shall constitute one SOA except for permit fee purposes. There shall be a maximum of two faces.
Example:
(4) SINGLE-FACED SOA. A sign with copy on one side only.
Example:
STREET. If Chapter 161 of this code does not apply, the Director of Utilities and Engineering may approve other means of access as a street for purposes hereof, provided that provisions are made for access, public utilities and other general or similar needs not only for the orderly development of the specific zoning lot in question but also of adjoining areas or zoning lots. The Director of Utilities and Engineering may require, as a condition of approval, that street options on easements be granted, or impose other reasonable conditions, to assure suitable development of the entire area and for adjoining areas and zoning lots.
TOWER. Unless otherwise provided, the term TOWER shall include television, radio or any other form of communications tower or other structures whose elevation is designed for emitting or receiving signals.
TRI-VISION SIGN. A motorized advertising sign composed of long, tightly positioned, triangular prisms that rotate at brief intervals. The prisms hold up to three different creative executions, and can be programmed to rotate at timed intervals and orders.
USE. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied; or any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.
WAREHOUSE. A structure or part of a structure, for storing goods, wares and merchandise, whether for the owner or for others, whether it is a public or private warehouse.
(1980 Code, § 29.101) (Ord. 9000, passed 12-29-2003; Ord. 9041, passed 5-16-2005; Ord. 9088, passed 10-16-2006; Ord. 9142, passed 4-13-2009; Ord. 9260, passed 8-4-2014; Ord. 9281, passed 11-9-2015; Ord. 9307, passed 5-15-2017; Ord. 9388, passed 9-16-2019; Ord. 9400, passed 3-16-2020)