The rules and definitions contained in this
article shall be observed and applied in the interpretation of all
other articles herein, except when the context clearly indicates otherwise.
A.
Words used in the present tense shall include the
future; words used in the singular number shall include the plural
number, and the plural the singular.
B.
The word "shall" is mandatory and not discretionary.
C.
The word "may" is permissive.
D.
The word "lot" shall include the words "plot," "piece,"
and "parcel"; the word "building" includes all other structures or
improvements of every kind, regardless of similarity to buildings;
and the phrase "used for" shall include the phrases "arranged for,"
"designed for," "intended for," "maintained for," and "occupied for."
E.
The word "person" includes a firm, association, organization,
partnership, trust, company, or corporation as well as an individual.
As used in this chapter, the following terms
shall have the meanings indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
[Amended 6-14-2010 by Ord. No. 2010-4; 7-24-2012 by Ord. No.
2012-10]
An adult-use cannabis cultivation center, craft grower, processing
organization, infuser organization, dispensing organization, or transporting
organization.
[Added 11-25-2019 by Ord.
No. 2019-9]
A facility operated by an organization or business that is
licensed by the Illinois Department of Agriculture to cultivate, dry,
cure, and package cannabis and perform other necessary activities
to make cannabis available for sale at a dispensing organization or
use at a processing organization pursuant to the Cannabis Regulation
and Tax Act (410 ILCS 705/1-1 et seq.), as it may be amended from
time to time, and regulations promulgated thereunder.
[Added 11-25-2019 by Ord.
No. 2019-9]
A facility operated by an organization or business that is
licensed by the Illinois Department of Agriculture to cultivate, process,
transport, and perform necessary activities to provide cannabis and
cannabis-infused products to licensed cannabis business establishments
pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1-1
et seq.), as it may be amended from time to time, and regulations
promulgated thereunder.
[Added 11-25-2019 by Ord.
No. 2019-9]
A facility operated by an organization or business that is
licensed by the Illinois Department of Financial and Professional
Regulation to acquire cannabis from licensed cannabis business establishments
for the purpose of selling or dispensing cannabis, cannabis-infused
products, cannabis seeds, paraphernalia, or related supplies to purchasers
or to qualified registered medical cannabis patients and caregivers
pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1-1
et seq.), as it may be amended from time to time, and regulations
promulgated thereunder.
[Added 11-25-2019 by Ord.
No. 2019-9]
A facility operated by an organization or business that is
licensed by the Illinois Department of Agriculture to directly incorporate
cannabis or cannabis concentrate into a product formulation to produce
a cannabis-infused product pursuant to the Cannabis Regulation and
Tax Act (410 ILCS 705/1-1 et seq.), as it may be amended from time
to time, and regulations promulgated thereunder.
[Added 11-25-2019 by Ord.
No. 2019-9]
A facility operated by an organization or business that is
licensed by the Illinois Department of Agriculture to either extract
constituent chemicals or compounds to produce cannabis concentrate
or incorporate cannabis or cannabis concentrate into a product formulation
to produce a cannabis product pursuant to the Cannabis Regulation
and Tax Act (410 ILCS 705/1-1 et seq.), as it may be amended from
time to time, and regulations promulgated thereunder.
[Added 11-25-2019 by Ord.
No. 2019-9]
An organization or business that is licensed by the Illinois
Department of Agriculture to transport cannabis on behalf of a cannabis
business establishment or a community college licensed under the Community
College Cannabis Vocational Training Pilot Program pursuant to the
Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.), as it
may be amended from time to time, and regulations promulgated thereunder.
[Added 11-25-2019 by Ord.
No. 2019-9]
Shall imply any building or structure existing or erected
on land used principally for agricultural purposes, with the exception
of dwelling units.
The use of land for agricultural purposes, including farming,
dairying, pasturage, apiculture, horticulture, floriculture, viticulture,
and animal and poultry husbandry, and the necessary accessory uses
for packing, treating, or storing the produce; provided, however,
that the operation of any such accessory uses shall be secondary to
that of the normal agricultural activities. Agriculture shall not
include the commercial feeding of garbage or offal to swine or other
animals.
A public right-of-way which is less than 30 feet wide and
affords a secondary means of access to abutting property. Frontage
on an alley shall not be construed as satisfying the requirements
related to frontage on a public street.
[Amended 6-14-2010 by Ord. No. 2010-4]
One or more rooms in an apartment building or combination
apartment and commercial building arranged, intended or designed or
occupied as a dwelling unit of a single family, an individual, or
a group of individuals.
Any building or premises used for the dispensing, sale or
offering for sale at retail to the public of automobile fuels stored
only in underground tanks and located wholly within the lot lines,
lubricating oil or grease for the operation of automobiles, and the
sale and installation of tires, batteries, other minor accessories,
and minor auto repair, but not including a bulk plant, conduct of
major auto repairs, automobile wrecking, automobile sales, or automobile
laundries; provided, however, that the washing of individual automobiles
where no chain conveyor is employed may be included.
The portion of a building which has 1/2 or more of its height
above grade.
[Amended 6-14-2010 by Ord. No. 2010-4]
A structure having a roof, supported by columns or walls,
for the shelter, support, or enclosure of persons, animals, or chattels;
and when separated by division walls from the ground up and without
openings, each portion of such building shall be deemed as a separate
building.
The area bounded by the exterior dimensions of the outer
walls at the ground line.
[Added 6-14-2010 by Ord. No. 2010-4]
See "nonconforming building."
A nonaccessory building in which a principal use on the zoning
lot on which it is located is conducted.
The term used to indicate the size and setbacks of buildings
or structures and the location of same with respect to one another,
and including the following:
[Added 6-14-2010 by Ord. No. 2010-4]
The City Council of the City of Lexington, Illinois.
[Added 6-14-2010 by Ord. No. 2010-4]
An official or officials approved by the City Council to
administer and enforce this chapter.
[Added 6-14-2010 by Ord. No. 2010-4]
Any use of land or buildings, or both, described and permitted herein, subject to the provisions of Article VII, Conditional Uses.
The Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et
seq.), as it may be amended from time to time, and regulations promulgated
thereunder.
[Added 11-25-2019 by Ord.
No. 2019-9]
See "lot, corner."
The level of the established curb in front of the building
measured at the center of such front. Where a building faces on more
than one street, the curb level shall be the average of the levels
of the curbs at the center front of each street. Where no curb elevation
has been established, the level of the center line of the street shall
be considered the curb level.
Any portion of the City for which the zoning regulations
govern the use of buildings and premises, the height of buildings,
and the size of yards. The intensity of uses are uniform within each
district.
[Added 6-14-2010 by Ord. No. 2010-4]
A compacted surface constructed and maintained for the purpose
of providing access to an off-street parking space, or spaces from
an approach. All driveways constructed after September 13, 2004, shall
have a concrete or asphalt surface.
[Amended 9-13-2004 by Ord. No. 2004-4]
A building or portion thereof, but not including a house
trailer or mobile home, designed or used exclusively for residential
occupancy, including one-family dwelling units, two-family dwelling
units, and multiple-family dwelling units, but not including hotels,
boardinghouses, or lodging houses.
Any building which was originally designed and constructed
as one-, two-, or three-family dwelling, but which has been changed
or altered by the construction of additional dwelling units to provide
for more families than the original building.
A dwelling originally designed and constructed to accommodate
three or more apartments, designed with more than one dwelling unit
connecting to a common corridor or entranceway, in contrast to single-
or two-family dwellings converted for multiple-family use.
A dwelling containing accommodations for and occupied by
one family only.
A building designed exclusively for occupancy by two families
living independently of each other.
One or more rooms in a dwelling designed for occupancy by
one family for living purposes and having its own permanently installed
cooking and sanitary facilities.[1]
A public, parochial, charitable, or nonprofit junior college,
college, or university, other than trade or business schools, including
instructional and recreational uses, with or without living quarters,
dining rooms, restaurants, heating plants, and other incidental facilities
for students, teachers, and employees.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, adoption, or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:[2]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
For the purpose of determining requirements for off-street
parking and off-street loading, "floor area" shall mean the sum of
the gross horizontal areas of the several floors of the building.[3]
All the property fronting on one side of a street between
the two nearest intersecting streets, measured along the line of the
street, or, if dead-ended, then all of the property abutting on one
side between an intersecting street and the dead-end of the street.
An accessory building or portion thereof designed or used
for the storage of motor-driven vehicles owned and used by the occupants
of the building to which it is accessory.[4]
A building or portion thereof, other than a private or storage
garage, designed or used for equipping, servicing, repairing, hiring,
selling, or storing motor-driven vehicles, with or without compensation.[5]
See "curb level."
The vertical distance measured from finished grade to the
highest point of the roof.[6]
An occupation carried on in a dwelling by the resident thereof,
not involving the conduct of a retail business or manufacturing business,
the employment of any additional persons in the performance of such
services excepting members of the immediate family residing on the
premises and one receptionist or office assistant; nor using any mechanical
equipment, other than is usual for purely domestic or hobby purposes;
nor exterior storage of equipment or materials used in connection
with the home occupation.
A building in which lodging or board 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 boardinghouse, a lodging house,
or an apartment house.
An automobile, truck, or other motor vehicle that has been
damaged to such an extent that it cannot be operated under its own
power and will require major repairs before being made usable, or
such a vehicle that does not comply with state or City vehicle laws
or ordinances.
Any parcel of land where waste, scrap metal, paper, rags,
or similar materials are bought, sold, exchanged, stored, baled, packed,
disassembled, or handled, including auto and building wrecking yards,
but excluding similar uses taking place entirely within a completely
enclosed building.
Any lot or premises on which are kept four or more dogs more
than six months of age.[7]
An open hard-surfaced area of land, other than a street or
public ways, the principal use of which is for the standing, loading,
and unloading of motor trucks, tractors, and trailers. Such space
is not less than 10 feet in width, 35 feet in length, and 14 feet
in height, exclusive of access aisles and maneuvering space.
A measured parcel of land having fixed boundaries and designated
on a plot or survey.[8]
A lot located at the intersection of two streets or a lot
bounded on two sides by a curving street, any two chords of which
form an angle of 135° or less measured on the lot side. A corner
lot shall have two front yards.[9]
The area of a zoning lot occupied by the principal building
or buildings and accessory buildings.
The front property line of a zoning lot.
A side lot line common with another lot.
That boundary of a lot which is most distant from and is,
or is approximately, parallel to the front lot line. If the rear lot
line is less than 10 feet in length, or if the lot forms a point at
the rear, the rear lot line shall be deemed to be a line 10 feet in
length within the lot, parallel to and at the maximum distance from
the front lot line.[10]
Lot lines other than front or rear lot lines.
A lot that is a part of a subdivision, the plat of which
has been recorded in the office of the County Recorder of Deeds, pursuant
to statute.
A lot having a pair of lot lines along two public streets
which are more or less parallel, and which is not a corner lot. On
a through lot, both street lines shall be deemed front lot lines.[11]
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the established front building
setback line.
A dwelling unit capable of being transported in components
to its permanent construction site, placed on a permanent foundation
on a lot of its own, and having axles and other temporary parts of
a frame or other structure utilized in the transportation of the component
to the construction site. Said components, as well as the dwelling
unit when the components are joined together to form the same, must
have the approval of the Department of Housing and Urban Development
as complying with the federal manufactured home construction and safety
standards. Said structure and the components forming it must also
meet applicable building codes.[12]
A roof-like structure of a permanent nature that projects
from the wall of a building and overhangs the public way.
A movable or portable structure containing toilet and bath
or toilet and shower facilities, and designed to permit year-round
occupancy as a dwelling place. It shall be constructed so that it
may be towed on its own chassis and connected to utilities without
placement on a permanent foundation. It shall be capable of having
plumbing and electrical connections for attachment to outside systems,
and designed to be transported, after fabrication, on its own wheels
or on flatbed trailers, and to be ready for occupancy at the building
site except for minor and incidental unpacking, assembly, and connection
operations. It may consist of one or more units that can be folded,
collapsed or telescoped when towed and expanded later for additional
cubic capacity. Two or more units may be separately towable, but designed
to be joined into one integral unit. The units shall be capable of
being again easily separated into components for repeated towing.[13]
Land for the placement of a single mobile home and the exclusive
use of its occupants.[14]
Land which has been developed for the placement of mobile
homes.[15]
A building or structure or portion thereof lawfully existing
at the time of adoption of this chapter, or any subsequent amendment
thereto, which was designed, built, or structurally altered for a
use that does not conform to the use regulations of the district in
which it is located.[16]
A use that lawfully occupies a building or land at the time
of adoption of this chapter, or any subsequent amendment thereto,
and which does not conform with the use regulations of the district
in which it is located.[17]
Material which is capable of causing injury or malaise to
living organisms by chemical reaction, or is capable of causing detrimental
effects upon the health or the psychological, social, or economic
well-being of human beings.[18]
An on-the-property space for temporary parking of a commercial
motor vehicle while loading and/or unloading merchandise or materials
which has direct access to a street or alley.[19]
Space within a public or private parking area of not less
than 180 square feet (nine feet by 20 feet) exclusive of access drives
for the storage of one passenger automobile or commercial vehicle
under 1 1/2 tons' capacity.
Any sidewalk, street, alley, highway or other public thoroughfare.
A public or private institution that offers instruction in
any of the branches of learning and study comparable to that taught
in the public schools under the Illinois school codes, including prekindergarten,
kindergarten, elementary school, and junior and senior high schools,
but excluding trade, business, or commercial schools.
A structure or densely planted vegetation serving as a screen
designed to conceal from view the area behind it.[20]
The minimum horizontal distance permitted between the front,
side, or rear line of a building, disregarding steps and unroofed
porches, and the nearest property line, street or alley right-of-way
line.[21]
A name, identification, description, display, or illustration
that is affixed to or painted or represented directly or indirectly
upon a building, structure, or piece of land and which directs attention
to an object, product, place, activity, person, institution, organization,
or business.
A sign that directs attention to a business, commodity, service,
or entertainment conducted, sold, or offered elsewhere than upon the
premises where such sign is located or to which it is affixed.
Any illuminated sign on which the artificial light is not
maintained stationary and/or is constant in intensity and color at
all times when such sign is in use. For the purpose of this chapter,
any revolving, illuminated sign shall be considered a flashing sign.
The outdoor accumulation of vehicles, equipment, or products,
or materials for permanent or temporary holding.
The portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
A basement shall not be counted as a story.
All property dedicated or intended for public highway, freeway
or roadway purposes or subject to public easements therefor.
The division line between private property and a dedicated
street or way, usually uninterrupted from corner to corner in any
given block.
Any change in the supporting members of a building such as
bearing walls or partitions, columns, beams, or girders, except such
alterations as may be required for the safety of the building.
Anything constructed or built, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground, including, but without limiting
the generality of the foregoing, advertising signs, billboards, backstops
for tennis courts, and pergolas.
A level plane or platform which, for the purpose of this
chapter, is located adjacent to one or more faces of the principal
structure and which is constructed not more than four feet in height
above the average level of the adjoining ground.
A street which by the nature of its location, continuity
and width accommodates large volumes of traffic. Streets designated
as thoroughfares are:
|
Cedar Street, from North Street to South Street
| |
|
Chatham Street, from Pine Street to Orange Street
| |
|
Main Street, from the east corporate limits
to its extension to Interstate 55
| |
|
"Old" Route 66
| |
|
Orange Street, from Chatham Street to the north
corporate limits
| |
|
Pine Street, from Chatham Street to the south
corporate limits
| |
|
South Street, from West Street to the east corporate
limits
| |
|
Walnut Street, from Grove Street to Vermillion
Street
| |
|
West Street, from Walnut Street to the south
corporate limits
|
A vehicle without motive power used or adaptable for living,
sleeping, business, or storage purposes, having no foundation other
than wheels, blocks, skids, jacks, horses, or skirting, and which
has been or reasonably may be equipped with wheels or other devices
for transporting the structure from place to place. The term "trailer"
shall include "camp car" and "house car." A permanent foundation shall
not change its character unless the entire structure is built in accordance
with the City building code.[22]
A vehicular, portable structure built on a chassis and designed
to be used for temporary occupancy for travel, recreational or vacation
uses with the manufacturer's permanent identification "travel trailer"
thereon, and when factory-equipped for the road, being of any length,
provided its gross weight does not exceed 4,500 pounds, or being of
any weight, provided its overall length does not exceed 28 feet.
The purposes for which land or a building thereon is designed,
arranged, or intended, or for which it is occupied, maintained, let
or leased.
See "conditional use."
The main use of land or buildings as distinguished from a
subordinate or accessory use. A principal use may be either permitted
or conditional.
The assessed valuation at the time of passage of this chapter
or, where no assessed valuation exists, its appraised valuation.
An open space on the same zoning lot with a principal building
or group of buildings which is unoccupied and unobstructed from its
lowest level upward, except as otherwise permitted in this chapter,
and which extends along a lot line and at right angles thereto to
a depth or width specified in the yard regulations for the district
in which the zoning lot is located.
A yard extending across the full width of the zoning lot
in accordance with the setback requirements of this chapter. See "setback."
A yard extending across the rear of the lot between the side
yards. Double-frontage and reverse corner lots will have no rear yard.
The rear yard on a corner lot shall be determined by the Code Compliance
Officer.[24]
A yard extending from the rear line of the front yard to
the lot line most nearly parallel to that rear line. The side yard
on a corner lot shall be determined by the Code Compliance Officer.[25]
