Words used in the present tense shall include the future tense;
Words in the singular number shall include the plural number, the plural the singular;
The word "building" shall include the word "structure";
The word "lot" shall include the word "plot";
The word "shall" is mandatory and not directory;
The word "may" is permissive;
All measured distances shall be to the nearest integral foot.
ABUT, ABUTTING: Having a common property line or district line.
ACCESSORY BUILDING OR STRUCTURE: A subordinate building or structure or a portion of a principal building, the use of which is incidental and customary to that of the principal building, where an accessory building or structure is attached to and made a part of the principal building, such accessory building or structure shall comply in all respects with the principal building. With the exception of an antenna, an accessory building or structure, unless attached to and made a part of the principal building, as above provided for, shall not be closer than ten feet (10') to the principal building.
ADULT BUSINESS: Any establishment having as a substantial or significant portion of its stock in trade or business activity in a use such as, but not limited to, the following: adults only bookstores, adults only motion picture theaters, adult entertainment centers, rap parlors, adults only nightclubs or adults only saunas, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
ADULT ENTERTAINMENT BUSINESS: See definition of Adult Business.
ADULT ENTERTAINMENT CENTER: An enclosed building or part of an enclosed building, which contains one or more coin operated mechanisms which when activated permit a customer to view a live person nude or in such attire, costume or clothing as to expose to view the human male or female genitalia; pubic hair; buttocks; perineum; anal or pubic regions; or, female breast, at or below the areola thereof. In addition, the viewing of a live person, in the above described manner, after paying of any admission or fee for the viewing of same activity.
ADULTS ONLY: Any items or activities emphasizing, depicting, describing or relating to nudity, explicit sexual conduct (whether autoerotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity.
ADULTS ONLY MEDIA STORE: An adults only establishment selling or renting books, magazines, photographs, and films which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to nudity, explicit sexual conduct (whether autoerotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity. An establishment, having adults only items as a substantial or significant portion of its stock, that sells or displays adults only items for sale to patrons therein.
ADULTS ONLY MOTION PICTURE THEATER: An enclosed building used regularly and routinely for presenting adults only material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity, explicit sexual conduct (whether autoerotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity, for observation by patron therein.
ADULTS ONLY NIGHTCLUB: An establishment or place either occasionally or primarily in the business of featuring topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
ADULTS ONLY SAUNA: An establishment or place primarily in the business of providing a steam bath and/or massage services, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
ALLEY: Any public right of way, with a width of not less than sixteen feet (16') nor more than twenty four feet (24'), which affords a secondary means of vehicular access to abutting properties. A street shall not be considered an alley.
ALTERATION: Any change in size, shape, occupancy or use of a building or structure.
ANIMAL CARE FACILITIES, INCLUDING VETERINARIAN OFFICES, ANIMAL HOSPITALS, AND KENNELS: Any building or portion thereof designed or used for the care, observation or treatment of domestic animals which may include boarding and/or veterinary care
ANIMAL/PET GROOMING SERVICES: Any business where clipping, bathing, and related services are provided for dogs, cats, and other domestic pets but not including veterinary care and/or daytime and overnight boarding.
ANTENNA: Any structure designed for transmitting signals to a receiving station or for receiving television, radio, data or other signals from satellites or other sources, or both.
ANTENNA SUPPORT STRUCTURE: Any structure utilized for the principal purpose of supporting an antenna.
ANTIQUE STORE: A place offering antiques for sale. An antique is a product that is sold or exchanged because of value derived or because of oldness as respects the present age, and not simply because the same is not a new product. An antique, for purposes of this chapter, shall be a work of art, piece of furniture, decorative object or the like, of or belonging to the past, at least thirty (30) years old.
BANQUET HALL/ EVENT FACILITY: A building or portion (excluding facilities located in restaurants or hotels) thereof where food, either prepared on the premises or otherwise and/or beverages are provided on a prearranged basis for consumption on premises which is primarily intended to accommodate one (1) or more groups of diners or patrons for functions such as banquets, wedding receptions and similar functions, is not open to the public, and the use thereof is restricted to the invitees of the party contracting for use of the facility or predetermined attendees such as ticket holders for a ticketed event.
BED AND BREAKFAST ESTABLISHMENT: An owner occupied residence providing accommodations for a charge to the public which residence has no more than ten (10) guest units for rent and is in operation for more than ten (10) nights in a twelve (12) month period. Only the breakfast meal may be provided to the registered guests. The service of food to the public for a charge is otherwise prohibited. Bed and breakfast establishments shall not include motels, hotels, boarding houses, or food service establishments.
BEHAVIORAL/THERAPEUTIC SCHOOL: A school that offers an educational program together with specialized structure and/or supervision tailored to students with emotional and behavioral problems, substance abuse problems, or learning difficulties. Therapeutic schools come in a variety of forms. They can be non-residential and residential. The program may incorporate medications for students with more serious disorders.
BODY ART STUDIO: An establishment that provides body art services including body piercing, artistic and cosmetic tattooing, and permanent make-up as licensed and regulated by the Illinois Department of Public Health.
BOOTH: Any enclosure that is specifically offered to patrons of an adult business for the private viewing of any adults only item or movie. Said definition does not include enclosures that are used as private offices by any operator, employee or agent for attending to the tasks of their employment and are not offered for use by the public.
BUILDING: Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land.
BUSINESS: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation.
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.
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.
CANNABIS DISPENSING FACILITY OR DISPENSARY: 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.
CANNABIS INFUSER FACILITY 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.
CANNABIS TRANSPORTING BUSINESS 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.
CEMETERY: A burial ground including structures such as mausoleums, columbaria, incidental management offices, and maintenance facilities.
COMMISSARY/COMMERCIAL KITCHEN: An establishment in which the principal use is to engage in the preparation and production of prepared food items for off premises consumption and/or sale. Typical uses for a commissary would be for commercial food trucks, bakeries, and caterers. This classification does not include businesses involved in the processing or manufacturing of wholesale food products.
CONSIGNMENT STORE: A retail establishment engaged in reselling new or used merchandise, such as clothing, furniture, books, shoes or household appliances, through a broker for the owner at an agreed upon price.
CUBICLE: See definition of Booth.
DAYCARE CENTER: A program, facility, or organization providing daytime supervision or care for children or physically or mentally limited or challenged adults in accordance with licensing as required by the State of Illinois.
DONATION-BASED: A business model that enables donation of money, real estate, or used merchandise to help sustain a qualified non-profit charitable, religious, educational or public service organization.
DOOR: Full, complete, nontransparent closure device that obscures the view or activity taking place within the enclosure.
DWELLING: A building, or portion thereof, designed or used exclusively for residential occupancy, including one-family dwellings, two-family dwellings, and multiple-family dwellings; but not including hotels, motels, boarding or rooming houses, tourist homes and trailers.
DWELLING, DETACHED: A residential building which is entirely surrounded by open space on the same lot.
DWELLING, SINGLE-FAMILY: A residential building containing one dwelling unit, including detached, semidetached and attached buildings.
DWELLING UNIT: One or more rooms which are arranged, designed or used as living quarters for a family. A dwelling unit includes bathroom and kitchen facilities in addition to sleeping and living areas.
FAMILY: One of the following, except as otherwise provided herein:
A. Two (2) or more individuals related by blood, marriage or legal adoption (including foster children), together with domestic servants and not more than two (2) gratuitous guests, living as a single, not for profit housekeeping unit occupying a dwelling unit.
B. Three (3) or fewer individuals not related by blood, marriage or legal adoption (including foster children), living as a single, not for profit housekeeping unit occupying a dwelling unit. Servants or guests residing with said family shall be included in the unrelated person attained by this definition, and shall not be in addition thereto.
C. No more than two (2) individuals who are not necessarily related to each other by blood, and their dependents, together with domestic servants and not more than two (2) gratuitous guests, living as a single, not for profit housekeeping unit occupying a dwelling unit.
FLOOR AREA: When prescribed as the basis of measurement for off street parking spaces and loading spaces for any use shall be the sum of the gross horizontal area of the several floors of the building, excluding hallways, stairways, elevator shafts, boiler and air conditioning equipment rooms, areas used for accessory off street parking facilities and the horizontal areas of the basement and cellar floors that are devoted exclusively to uses accessory to the operation of the building other than storage. All horizontal dimensions shall be taken other than storage. All horizontal dimensions shall be taken from the exterior faces of the exterior walls, or from the centerlines of walls separating two (2) buildings.
FLOOR AREA RATIO: A calculation of the size of a principal structure in relation to the lot upon which it sits. The floor area ratio is calculated by dividing the total floor area of a structure by the total area of the lot. Covered porches and accessory motor vehicle storage structures (attached and detached) shall be exempt from the floor area ratio.
FRONT ELEVATION RATIO: A calculation of the visual bulk of a principal structure from the public right-of-way in relation to the vertical plane of the total lot width multiplied by the maximum allowable building height. The front elevation ratio is calculated by dividing the overall area of the front elevation of the principal structure by the maximum building height allowed in the respective zoning district multiplied by the lot width as measured at the frontage line.
GROUP HOME: A single dwelling unit occupied on a relatively permanent basis in a family like environment by unrelated persons with disabilities. Paid professional support staff, provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis, or present whenever residents are present at the dwelling, shall be required unless a special use permit is issued by the village to eliminate the requirement of supervision. A "group home" shall comply with the zoning regulations for the district in which the site is located.
HOME OCCUPATION: A business, profession, occupation or trade that:
A. Is conducted for gain or support by a full time occupant of a dwelling unit; and
B. Is incidental and secondary to the use of such dwelling unit for dwelling purposes; and
C. Does not change the essential residential character of such dwelling unit.
The regulations for a home occupation can be found in section 10-4-4 of this title.
HOTEL: A building in which lodging or boarding and lodging are provided and offered to the public for compensation with ingress and egress to the rooms through an inside lobby supervised at all hours.
LOT: A parcel of land (whether legally described and subdivided as 1 or more lots or parts of lots) located within a single block, occupied by or intended for occupancy, by one principal building or principal use, together with any accessory buildings and such open spaces are required by this title and having its principal frontage upon a street.
LOT AREA: The area of a horizontal plane bounded by the front, side and rear lot lines, measured within the lot boundaries.
LOT LINE: A property boundary line of any lot held in single or separate ownership, except that, where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley line.
MASSAGE THERAPY: The manipulation of the body's soft tissues to treat body stress or pain or facilitate wellness. Massage therapy shall be performed by practitioners who are licensed by the Illinois Department of Financial and Professional Regulation.
MEDIA: Anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes, but shall not necessarily be limited to, books, newspapers, magazines, movies, videos, sound recordings, CD-ROMs, other electronic or magnetic media, and undeveloped pictures.
MERCHANDISE: Goods, products or items that are purchased for consumption.
MERCHANDISE, NEW: Not existing before, made, introduced or discovered for the first time or already existing but seen, experienced or acquired recently or now for the first time.
MERCHANDISE, USED: Having already been used or introduced, having been previously used or owned.
MESSENGER SERVICE: A courier delivering messages, packages or letters from one place or person to another place or person by way of foot, public transportation, bicycle, motorcycle, or truck.
MOTEL: A building or group of detached, semidetached or attached buildings on a lot containing guestrooms or dwellings each of which has a separate outside entrance leading directly from the outside of the building, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of automobile transients. Motels do not include hotels, boarding houses or trailer camps.
NIGHTCLUB: An establishment serving food and/or liquor and providing music and space for dancing by patrons only. A nightclub shall not include an "adult business".
NONCONFORMING USE: Any building or structure and the use thereof or the use of land that does not conform with the regulations of this title, or any amendments thereto, governing use of the zoning district in which it is located, but conforming with all the codes, ordinances and other legal requirements applicable at the time such building or structure was erected, enlarged or altered and the use of land was established.
NUDITY: The display of the human male or female genitalia; pubic hair; buttocks; perineum; anal or pubic regions; female breast, at or below the areola thereof, with no covering or with a less than fully opaque covering; or, male genitalia, in a discernible turgid state, with or without covering.
OBSCENE: Any material or performance is obscene if: a) the average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest; and b) the average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and c) taken as a whole, it lacks serious literary, artistic, political or scientific value 1 .
OPERATOR: For purposes of an "adult business", as defined herein, any person (whether said persons be an individual, partner, corporation, joint stock company, fiduciary, officer, director, stockholder, employee, or manager), which conducts, maintains or owns any adult business.
OUTDOOR SALES LOT: An outdoor area set up to sell or display goods, arts and crafts, plants, or other items, on a property. Outdoor sales may be temporary, intermittent, or permanent.
PARKING AREA: A suitably surfaced and permanently maintained area, either within or outside of a building, of sufficient size to store one standard automobile, but in no event less than ten feet by twenty feet (10' x 20'), exclusive of passageways, driveways or other means of circulation or access.
PATRON: For purposes of an "adult business", as defined herein, any customer, patron or visitor to an adult business who is not employed by any operator of said establishment.
PAWN STORE: Any business that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the depositor or to another party to recover the money pledged.
PERMANENT MAKE-UP: A cosmetic technique, often referred to as cosmetic tattooing, which employs tattoos applied semi-permanently or permanently to simulate the appearance of common cosmetic applications such as eyelines, lip lines, eyebrow enhancements and beauty marks or to otherwise semi-permanently or permanently restore or improve the appearance of damaged or disfigured skin and outer bodily features to natural coloration and condition.
PHOTOGRAPHY STUDIO: A workspace to take, develop, print, and duplicate photographs. Photographic training and the display and sale of finished photographs may also be accommodated in a photography studio.
PHOTOVOLTAIC SYSTEM: An active solar energy system that converts solar energy directly into electricity.
PLANNED DEVELOPMENT: A parcel or tract of land under single ownership or control, which contains two (2) or more principal buildings and one or more principal use(s) planned and constructed as a unified development where specific regulations of a given zoning district are modified through the issuance of a special use permit.
RAP PARLOR: An establishment or place primarily in the business of providing nonprofessional conversation or similar services for adults, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
RENEWABLE ENERGY SYSTEM: A system that generates energy from natural resources such as sunlight, wind, and geothermal heat.
ROOF-MOUNTED SYSTEM: A solar photovoltaic system attached to any part or type of roof on a building or structure that is either the principal structure or an accessory structure.
ROOM: See definition of booth.
SADOMASOCHISTIC ACTIVITY: Flagellation or torture by or upon a nude person; a person clad in undergarments, a mask or bizarre costume. In addition, the condition of being fettered, bound or otherwise physically restrained with the intent to stimulate or arouse sexually the initiator and/or the recipient.
SECONDHAND MERCHANDISE, RETAIL SALES: Retail sales of previously used merchandise, such as clothing, household furnishings or appliances, sports/recreational equipment.
SELL: Includes to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell.
SETBACK: The minimum horizontal distance between the front line or the side line of the building and the dedicated street line, disregarding steps and unroofed porches.
SETBACK ESTABLISHED BUILDING: When forty percent (40%) or more of the lots fronting on one side of a street within a block are improved, the existing building setbacks of such improved lots shall be the "established building setback" for determining the required setbacks for the remainder of the lots along such street frontage, as regulated in this title.
SEXUAL CONDUCT: Ultimate sex acts (whether autoerotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity. In addition, physical contact, intended to stimulate or arouse sexually the initiator and/or the recipient, with a person's unclothed genitalia, buttocks, perineum, anal or pubic regions, or female breast.
SHORT TERM RENTAL: Use of an entire dwelling unit located within a primary structure for residential purposes for a period of thirty (30) consecutive days or less.
SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial purpose of which is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, electricity generation, or water heating.
SPECIMEN COLLECTION FACILITY: A facility that collects materials derived from the human body for the purpose of testing to provide information for the diagnosis, prevention, or treatment of any disease or impairment of, or assessment of the health of, human beings.
STREET: Any public right-of-way containing a roadway which affords the primary means of vehicular access to abutting properties. An alley shall not be considered 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 without limiting the generality of the foregoing, advertising sign, backstops for tennis courts and pergolas.
UNDERAGE: Any person under eighteen (18) years of age, the legally minimum age at which one can purchase or view adults only items 2 .
USE: The purpose or activity for which the land, or building thereon is designed, arranged or intended, or for which it is occupied or maintained.
VENDING MACHINES: A nonattended machine or device that allows a person to obtain goods or services. A vending machine will further be defined as a coin, monetary or monetary equivalent machine or slot device operated, operable, or actuated by such monetary equivalent as coins, bills, tokens or credit cards.
WALL SIGN: Any flat sign which is placed against a building or other structure and attached thereto in such manner that only one side is visible.
YARD: An open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except as hereinafter permitted. A "yard" extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.
(Ord. 89-04, 4-3-1989; amd. Ord. 95-09, 4-17-1995; Ord. 95-11, 6-5-1995; Ord. 97-23, 10-6-1997; Ord. 98-23, 9-14-1998; Ord. 01-25, 6-26-2001; Ord. 2014-12, 5-5-2014; Ord. 16-27, 9-12-2016; Ord. 2018-15, 8-6-2018; Ord. 18-17, 9-10-2018; Ord. 2018-21, 10-8-2018; Ord. 2019-21, 8-19-2019; Ord. 2019-28, 12-2-2019; Ord. 20-20, 6-15-2020; Ord. 2021-21, 7-12-2021; Ord. 2022-05, 3-7-2022; Ord. 2022-06, 3-7-2022; Ord. 2022-36, 11-7-2022; Ord. 2023-27, 10-2-2023)
Notes
| 1 | 1. 720 ILCS 5/11-20. |
| 2 | 1. 720 ILCS 5/11-20. |