For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word BUILDING shall include the word STRUCTURE; and the word SHALL is mandatory and not directory.
ACCESSORY BUILDINGS. A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or the main use of the premises. An ACCESSORY USE is one which is incidental to the main use of the premises, including a private garage.
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 State 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 (Public Act 101-0027), being 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 State 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 (Public Act 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 State 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 (Public Act 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 State 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 (Public Act 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 State 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 (Public Act 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 State 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 (Public Act 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
ALLEY. A public or private thoroughfare which affords a secondary means of access to property abutting thereon.
BASEMENT. A story having part but not more than one-half of its height below grade. A BASEMENT shall not be counted as a story for the purpose of height regulation.
BUILDING. Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property. When a structure is divided into separate parts by unpierced walls extending from the ground up, each part is deemed a separate BUILDING.
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 the mean height level between eaves and ridge for gable, hip and gambrel roofs.
BUSINESS. Any occupation, employment or enterprise wherein goods, merchandise or other property is exhibited or sold or which occupies time, attention, labor or materials or where services are offered for compensation.
CAR WASH. Any building or area constructed for the purpose of providing stalls, spaces or other areas for washing and cleaning of motor vehicles by the general public.
CELLAR. A story having more than one-half of its height below grade. A CELLAR is not included in computing the number of stories for the purpose of height measurement.
DRIVE-IN ESTABLISHMENT. A business which accommodates patrons’ motor vehicles, in which patrons may be served or may use goods or merchandise sold by such business.
DWELLING, MULTIPLE. A building designed as or consisting of more than two dwelling units.
DWELLING, SINGLE-FAMILY. A building designed as or consisting of one dwelling unit.
DWELLING, TWO-FAMILY. A building designed as or consisting of two dwelling units.
DWELLING UNIT. A group of rooms constituting all or part of a structure, which are arranged, designed, used or intended exclusively as living quarters for one family, and which includes complete kitchen and bathroom facilities, permanently installed and not shared with another dwelling unit.
DWELLINGS. Any building or portion thereof, but not hotels, motels, nursing homes, tourist homes, mobile homes, trailers or tents, which is designed or used exclusively for residential purposes.
FAMILY. One or more persons occupying a dwelling unit and living as a single housekeeping unit, whether or not related to each other by birth, adoption or marriage, but no unrelated group consisting of more than five persons shall be considered a family.
FENCE. A barrier intended to prevent ingress or egress, to mark a boundary or to create a sense of privacy or security.
FILLING STATION. See SERVICE STATION.
FRONTAGE. All property on one side of a street between two 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 one side between an intersecting street and the dead end of the street.
GARAGE, CLASS II. Any building or premises, except those used as a private garage, used for equipping, repairing, leasing, selling or storing motor vehicles.
GARAGE, PRIVATE. An accessory building or portion of a main building housing motor vehicles which are the property of and for the private use of the occupants of the lot on which the private garage is located. Not more than one of the vehicles may be a commercial vehicle of more than three tons capacity. An open-sided garage, commonly known as a carport, shall be considered a PRIVATE GARAGE for purposes of this chapter.
HOME OCCUPATION. Any occupation, profession, avocation or hobby, whether or not for profit, carried on in a residential district.
HOTEL. A building containing lodging rooms, a general kitchen and dining room, a common entrance lobby and halls, stairways or elevators, where each lodging room does not have a doorway opening to the outdoors in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradistinction to a boarding house or lodging house.
INSTITUTION. A building occupied by a non-profit corporation or a non-profit establishment for public use.
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 or more, but not exceeding 12, individuals, not open to transient guests, in contradistinction to hotels or motels open to transients. A BOARDING HOUSE shall be synonymous with a LODGING HOUSE.
LOT. A parcel of land, whether as described on a plat of subdivision or further divided, which is occupied, or intended for occupancy, by one principal building or one principal use permitted in this chapter, together with accessory buildings, and together with yards and parking spaces required by this chapter, and having at least 60 feet of frontage upon a street and a minimum area of 6,000 square feet, or, in the case where it is a separately platted lot which existed in the village prior to the adoption of this chapter, the number of feet of frontage as indicated thereon and a minimum area of the square feet indicated thereon, and 50% or more of which remains as open area.
LOT, CORNER. A lot abutting upon two streets at their intersection.
LOT, DEPTH OF. The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
LOT LINE. The dividing line between a lot, tract or parcel of land and the contiguous street, alley or adjacent lots, tracts or parcels of land. A street line shall be synonymous with a front LOT LINE.
MOBILE HOME. A structure designed or intended for permanent habitation and designed with a fixed axle and wheels, whether the wheels, axle or tongue are attached or not.
MOTEL. A building containing lodging rooms, where each lodging room has a doorway opening to the outdoors, in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding house or lodging house.
NONCONFORMING USE. Any building or land occupied by a use, lawful at the time of passage of this zoning code or any amendment thereto, which does not conform after the passage of this zoning code or amendment thereto with the use regulations of the district in which it is situated.
PARKING SPACE. A durably surfaced area, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one standard automobile, exclusive of a durably surfaced driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile. Any PARKING SPACE designated for use by handicapped motorists shall be sized in accordance with standards promulgated by the State Department of Transportation.
SERVICE ESTABLISHMENTS. Businesses or offices wherein services are offered for compensation, and where the sale of goods or merchandise are incidental to the main activity.
SERVICE STATION. Any building, structure, land area or other premises, or a portion thereof, abutting Business Loop 55 within the village, used for the sale at retail of motor vehicle fuels or oils, which activity may be accompanied by accessory uses and sales.
SIGN. Any structure or part thereof, or any device attached to, painted on or represented on a building or other structure, on which is displayed or included any letter, work, model, banner, flag, pennant, insignia, decoration, device or representation used as an announcement, direction, advertisement or other attention directing device. A SIGN does not include a similar structure or device located within a building except for illuminated signs within show windows visible from the street. A SIGN includes any billboard, but does not include the flag or cloth pennant or insignia of any nation or association of nations or of any state, city or other political unit or of any political, charitable, educational, philanthropic, civic, professional, religious or like campaign, drive, movement or event.
(1) ADVERTISING SIGN. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the same zoning lot.
(2) BUSINESS SIGN. An accessory sign which directs attention to a profession, business, commodity, service or entertainment conducted, sold or offered on the same zoning lot. Including “for sale” or “for rent” sign relating to the zoning lot on which it is displayed.
(3) FLASHING SIGN. Any illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color, at all times, when in use, including any revolving illuminated sign.
(4) GROUND SIGN. An outdoor sign supported by uprights or braces in or on the ground.
(5) ILLUMINATED SIGN. Any sign designed to reflect light from one or more sources, natural or artificial.
STORY. The portion of a building other than a cellar or basement included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and wall space not more than three feet above the top floor level, and in which space not more than 60% of the floor area is finished off for use.
STREET. All property used, dedicated or intended for public or private street or roadway purposes or subject to easements therefor.
STREET LINE. The front lot line, dividing a lot, tract or parcel of land and contiguous property used, dedicated or intended for use as a 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 not limited to, signs, private garages, sheds, decks, patios and canopies.
STRUCTURAL ALTERATIONS. 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.
TRAILERS. A TRAILER is a vehicle or portable structure built on a chassis, designed as a temporary dwelling for travel, recreational or vacation use and customarily towed behind a motor vehicle. A SELF-PROPELLED TRAILER, commonly called a MOTOR HOME, shall be considered a TRAILER for purposes of this chapter. A CAMPER, customarily designed for mounting upon the bed of a pick-up truck, shall also be considered a TRAILER for purposes of this chapter.
YARD. An open space on the same lot with a building unoccupied and unobstructed by a 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 the front yard or the depth of a rear yard, the mean horizontal distance between the lot line, as platted, and the main building shall be used.
YARD, FRONT. A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building or any projection thereof 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 the 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 lots, 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 lots and extending from the front line to the rear yard line.
ZONING MAP. The map incorporated into this chapter as a part hereof in accordance with the provisions of § 154.020.
(Prior Code, § 154.001) (Ord. 95-11-01, passed 11-13-1995; Ord. 95-12-03, passed 12-11-1995; Ord. 98-11-01, passed - -1998; Ord. 06-02-01, passed 2-13-2006; Ord. 19-09-04, passed 9-10-2019; Ord. 22-11-01, passed 11-28-2022)