For the purpose of this chapter, certain terms and words are
hereby defined. 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 BUILDING OR USE
A use or structure that:
[Amended by Ord. No. 5-2007]
(A)
Is subordinate in extent and purpose to, and serves, a principal
use or structure; and
(B)
Is customarily found as an incident to such principal use or
structure; and
(C)
Contributes to the comfort, convenience, or necessity of those
occupying, working at, or being served by such principal use or structure;
and
(D)
Except as otherwise expressly authorized by the provisions of
this chapter, is located on the same zoning lot as such principal
use or structure; and
(E)
Is under the same ownership and control as such principal use
or structure.
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 an adult-use dispensing organization
or use at an adult-use processing organization, per the Cannabis Regulation
and Tax Act, as amended, and regulations promulgated thereunder.
[Added 12-10-2019 by Ord.
No. 14-2019]
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 adult-use cannabis business
establishments, per the Cannabis Regulation and Tax Act, as amended,
and regulations promulgated thereunder.
[Added 12-10-2019 by Ord.
No. 14-2019]
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 adult-use
purchasers, per the Cannabis Regulation and Tax Act, as amended, and
regulations promulgated thereunder.
[Added 12-10-2019 by Ord.
No. 14-2019]
ADULT-USE CANNABIS INDUSTRIAL ORGANIZATION
An adult-use cannabis cultivation center, adult-use cannabis
craft grower, adult-use cannabis processing organization, adult-use
cannabis infuser organization, or adult-use cannabis transporting
organization.
[Added 12-10-2019 by Ord.
No. 14-2019]
ADULT-USE CANNABIS INFUSER ORGANIZATION
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,
as amended, and regulations promulgated thereunder.
[Added 12-10-2019 by Ord.
No. 14-2019]
ADULT-USE CANNABIS ORGANIZATION
An adult-use cannabis cultivation center, adult-use cannabis
craft grower, adult-use cannabis processing organization, adult-use
cannabis infuser organization, adult-use cannabis dispensing organization
or adult-use cannabis transporting organization.
[Added 12-10-2019 by Ord.
No. 14-2019]
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, as it may be amended from time to time, and regulations promulgated
thereunder.
[Added 12-10-2019 by Ord.
No. 14-2019]
ADULT-USE CANNABIS TRANSPORTATION ORGANIZATION
An organization or business that is licensed by the Illinois
Department of Agriculture to transport cannabis on behalf of an adult-use
cannabis business establishment or a community college licensed under
the Community College Cannabis Vocational Training Pilot Program,
per the Cannabis Regulation and Tax Act, as amended, and regulations
promulgated thereunder.
[Added 12-10-2019 by Ord.
No. 14-2019]
APARTMENT
A room or suite of rooms used as a family dwelling, including
bath and kitchen accommodations, located in a building in which there
are three or more such rooms or suites.
AUTOMOBILE REPAIR
General repair, engine rebuilding, rebuilding or reconditioning
of motor vehicles; collision service, such as body frame or fender
straightening and repair, overall painting, subject to the requirements
of the Building Code. Storage of unlicensed vehicles, inoperative
vehicles, repaired vehicles awaiting payment, or vehicles for the
purpose of stripping parts, is prohibited.
AUTOMOBILE SERVICE STATION
A place where gasoline is stored only in underground tanks,
kerosene or motor oil and lubricants or grease, for operation of automobiles,
is retailed directly to the public on premises, including minor accessories
and service for automobiles. Storage of unlicensed vehicles, inoperative
vehicles, repaired vehicles awaiting payment, or vehicles for the
purpose of stripping parts is prohibited.
BASEMENT
A story having part, but not more than 1/2, of its height
below grade.
BREEZEWAY
An open structure on two sides attached to and leading from
the main building to the garage on the same lot.
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 first floor to the highest
point of the coping of a flat roof or to the ridge of a gable, hip,
gambrel or mansard roof.
CANNABIS DISPENSING ORGANIZATION
Any adult-use cannabis dispensing organization or medical
cannabis dispensing organization.
[Added 12-10-2019 by Ord.
No. 14-2019]
CANNABIS INDUSTRIAL ORGANIZATION
Any facility operated by an adult-use cannabis cultivation
center, adult-use cannabis craft grower, adult-use cannabis processing
organization, adult-use cannabis infuser organization, adult-use cannabis
transporting organization, medical cannabis cultivation center, medical
cannabis craft grower, medical cannabis processing organization, medical
cannabis infuser organization, or medical cannabis transporting organization.
[Added 12-10-2019 by Ord.
No. 14-2019]
CANNABIS ORGANIZATION
Any adult-use cannabis organization or medical cannabis organization.
[Added 12-10-2019 by Ord.
No. 14-2019]
COURT
An open, unoccupied space, other than a yard, which is bounded
on two or more sides by a building or buildings.
DISTRICT
A section or sections of the City of Hometown for which the
regulations governing the use of buildings and premises or the height
of buildings, or the size of yards, or intensity of use are uniform.
DWELLING
Any building, or portion thereof, which is designed or used
exclusively for residential purposes.
DWELLING, TWO-FAMILY DUPLEX
A building designed for or occupied exclusively by two families
on two separate lots sharing a single party wall.
DWELLING, MULTIPLE
A building designed for occupation by more than two families
containing two or more dwelling units.
FAMILY
One or more persons, related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, or a number
of persons living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage.
GARAGE, PRIVATE
An accessory building for housing motor-driven vehicles which
are the property of and for the use of the occupants of the lot on
which the private garage is located.
GRADE
Any wall approximately parallel to and not more than five
feet from a street line is to be considered as adjoining the street.
(A)
For buildings having walls adjoining one street, the elevation
of the sidewalk at the center of the wall adjoining the street.
(B)
For buildings having walls adjoining more than one street, the
average of the elevation of the sidewalk at the center of all walls
adjoining the street.
(C)
For the buildings having no wall adjoining the street, the average
level of the finished surface of the ground adjacent to the exterior
walls of the building.
HOME OCCUPATION
Any occupation or profession practiced by a member of the
family residing on the premises, and which occupation is clearly incidental
and secondary to the residential use of the dwelling. A home occupation
is a use located and conducted so that the average neighbor, under
normal circumstances, would not be aware of its existence. The operation
of a home occupation is also subject to the following conditions and
limitations:
[Amended by Ord. No. 5-2007]
(A)
The total amount of space used in conjunction with the home
occupation shall not be devoted to more than 1/4 of the total area
of any one story.
(B)
There shall be no signs, advertising, displays or activity that
would indicate, from the exterior of the residence, that the residence
is being used, in part, for any purpose other than that of a dwelling.
(C)
The operation of a home occupation does not allow the parking
or storage of motor vehicles which are otherwise prohibited by the
zoning regulations governing the premises of the home occupation.
The premises containing the home occupation shall be subject to the
zoning regulations of the district in which it is located.
(D)
The outside display of goods and the outside storage of equipment
is prohibited.
(E)
No more than one person may be employed on the premises, except
family members residing on the premises.
(F)
All activities involved in the home occupation shall take place
inside the home. No accessory building shall be employed for the home
occupation.
(G)
No commodity shall be sold on the premises or, if intended for
sale or use elsewhere, stored on the premises.
(H)
The home occupation shall not generate noise, vibration, glare,
fumes, odors or electrical interference beyond that which normally
occurs in the zoning district in which it is located.
(I)
No home occupation shall consist in whole or part of the sale
or boarding of animals.
(J)
No home occupation shall be permitted to operate without a valid
business license.
(K)
No home occupation shall be permitted without the necessary
licensing from the State of Illinois.
LOADING SPACE
An off-street space on the same lot with a building or group
of buildings for temporary parking of a commercial vehicle while loading
and unloading passengers, merchandise, or material.
LOT
A parcel of land intended for occupancy by a use permitted
in this chapter, including one main building together with its accessory
buildings, the open spaces and parking spaces required by this chapter
and having its principal frontage upon a street or upon an officially
approved place.
LOT LINES
The lines bounding a lot as defined herein.
LOT OF RECORD
A lot which is a part of a subdivision, the map of which
has been recorded in the office of the Recorder of Deeds of Cook County,
Illinois; or a parcel of land, the deed of which was recorded in the
Office of the Recorder of Deeds prior to the adoption of the ordinance.
LOT WIDTH
The horizontal distance between the side lot lines, measured
at right angles to the lot depth at a point midway between the front
and rear lot lines.
LOT, CORNER
A lot abutting upon two or more streets at their intersections.
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot
lines.
LOT, DOUBLE-FRONTAGE
A lot having a frontage on two nonintersecting streets, as
distinguished from a corner lot.
MEDICAL 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 medical cannabis organizations,
dispensing per the Compassionate Use of Medical Cannabis Program Act, as it may be amended from time to time, and regulations
promulgated thereunder.
[Added 1-28-2014 by Ord.
No. 1-2014; amended 12-10-2019 by Ord. No. 14-2019]
MEDICAL 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 registered
qualifying patients, per the Compassionate Use of Medical Cannabis
Program Act, as it may be amended from time to time, and regulations
promulgated thereunder.
[Added 1-28-2014 by Ord.
No. 1-2014; amended 12-10-2019 by Ord. No. 14-2019]
MEDICAL CANNABIS FACILITIES
Both medical cannabis cultivation centers and medical cannabis
dispensing organizations.
[Added 1-28-2014 by Ord.
No. 1-2014]
MEDICAL CANNABIS INDUSTRIAL ORGANIZATION
A medical cannabis cultivation center, medical cannabis processing
organization, medical cannabis infuser organization, or medical cannabis
transporting organization.
[Added 12-10-2019 by Ord.
No. 14-2019]
MEDICAL CANNABIS INFUSER ORGANIZATION
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 Compassionate Use of Medical Cannabis
Program Act, as amended, and regulations promulgated thereunder.
[Added 12-10-2019 by Ord.
No. 14-2019]
MEDICAL CANNABIS ORGANIZATION
A medical cannabis cultivation center, medical cannabis processing
organization, medical cannabis infuser organization, medical cannabis
dispensing organization, or medical cannabis transporting organization.
[Added 12-10-2019 by Ord.
No. 14-2019]
MEDICAL CANNABIS PROCESSING ORGANIZATION
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 Compassionate Use of Medical
Cannabis Program Act, as amended, and regulations promulgated thereunder.
[Added 12-10-2019 by Ord.
No. 14-2019]
MEDICAL CANNABIS TRANSPORTING ORGANIZATION
An organization or business that is licensed by the Illinois
Department of Agriculture to transport cannabis on behalf of a medical
cannabis business establishment, per the Compassionate Use of Medical
Cannabis Program Act, as it may be amended from time to time, and
regulations promulgated thereunder.
[Added 12-10-2019 by Ord.
No. 14-2019]
NONCONFORMING USE
Any building or land lawfully occupied by a use at the time
of passage of this chapter, or amendments thereto, which does not
conform after the passage of this chapter, or amendments thereto,
with the use regulations of the district in which it is situated.
PARKING SPACE
A durably surfaced area designed to store one standard-size
automobile. All parking stalls shall be at least nine feet in width.
All parking spaces shall access directly upon an aisle or driveway
of such design as to provide safe and efficient means of vehicular
access. All new and existing parking areas shall be improved with
paved brick, asphalt or concrete surface over a proper base.
PATIO - GARAGE PORCH
An accessory structure being open on three sides attached
to a garage; the overall size of both (garage and patio) may not be
more than 20 feet in width and 22 feet in length; open sides can only
be covered by ventilated screening or a continuous operable sash providing
a minimum of 50% of floor area in ventilating openings except during
the months of October through and including February when an operable
and/or removable sash may be used in place of ventilating screening.
A solid wall may be built around the patio no higher than 30 inches
above the finished floor.
PLACE
An open unoccupied space, other than a street or alley, permanently
reserved as the principal means of access to abutting property.
POOL, SWIMMING AND WADING
A receptacle for water, or an artificial pool of water, having
a depth at any point of more than 18 inches, intended for the purpose
of immersion or partial immersion therein of human beings, and including
all appurtenant equipment thereto.
STREET
All property dedicated or intended for public or private
streets, highway, freeway, or roadway purposes or subject to public
easements.
STORY
That portion of the building, other than a cellar, 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 ceiling next above it.
STREET LINE
A dividing line between a lot, tract or parcel of land and
a contiguous street.
STRUCTURE
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground, including, but without limiting,
advertising signs, billboards, backstops, tennis courts, garages,
walls or fences.
STRUCTURAL ALTERATIONS
Any changes in the supporting members of a building, such
as bearing walls and partitions, columns, beams, or girders, or any
substantial change in the roof or in the exterior walls.
TERRACE, OPEN
A level and rather narrow plane or platform which may be
improved with a surface of concrete, masonry, or stone units which,
for the purpose of this chapter, is located adjacent to one or more
faces of the principal structure and which is constructed no higher
than the height of the finished first floor, except a terrace located
in the front yard may have a masonry wall or ornamental iron railings
not more than three feet in height above mean grade, provided it does
not project into the required front yard more than 12 feet and in
a duplex district the wall or railing must be installed simultaneously
and symmetrically on both lots of a duplex dwelling. Terraces shall
be installed on a nonorganic base only; i.e., sand, concrete, or screening.
USE
The purpose for which land or premises or a building thereon
is designed, arranged, or intended, except as otherwise provided in
this chapter.
YARD
An open space on the same lot with a building unoccupied
and unobstructed by any portion of a structure from the ground upward,
except as otherwise provided herein. In measuring the yard for the
purpose of determining the width of a side yard, the depth of a front
yard or the depth of the rear yard, the mean horizontal distance between
the lot line and the main building shall be used.
YARD, FRONT
A yard extending across the front of a lot between the side
yard lines and being the minimum horizontal distance between the street
line and the main buildings or any projection thereof, other than
the projection of the usual steps, entrance way, open terrace, bay
windows, or eaves.
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, unenclosed balconies or unenclosed porches. 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 or the
lot and extending from the front lot line to the rear lot line.