Policy Explorer: “short-term rental”

For the purpose of this chapter, the following words as used herein shall be construed to have the meanings herein ascribed:

Hotel or motel means any building or structure, or portion thereof, kept, used, maintained, advertised and held out to the public to be a place where lodging, or lodging and food, or apartments, or suites, or other accommodations are offered for a consideration to guests, including, but not limited to, such buildings or structures, or portions thereof, booked through online travel companies, businesses or websites, including on airbnb.com, vrbo.com, craigslist.org or similar websites. The term includes short-term rentals, inns, motels, tourist homes or courts, lodging houses, rooming houses, apartment houses, and residential homes, including, but not limited to, any buildings or structures, or portions thereof, booked through facilitators such as online travel companies, businesses or websites, including on airbnb.com, vrbo.com, craigslist.org or similar websites.

Facilitator is any person who provides a means through which a person may book a hotel room or motel room, regardless of whether payment is transferred through or processed by such facilitator.

Gross rent means the total amount of consideration for occupancy, valued in money, whether received in money or otherwise, including all receipts, cash, credits, and property or services of any kind of nature, including, but not limited to, amounts charged for the making, booking, facilitating, or servicing of reservations. Gross rent means both (a) the "net rate" paid to the hotel or motel by a facilitator for room occupancy by a person; and (b) the amount retained by the facilitator for travel-related services provided to a person (sometimes referred to as a "facilitation fee"), and any additional amounts retained by the facilitator as compensation for its services to any person for the individual transaction, or, in the instance of a person's direct rental of a room with the hotel or motel, gross rent shall mean the amount charged by the hotel or motel directly to a person for the occupancy of the room.

Hotel room or motel room means a room within a structure offered for rental on a daily basis and containing facilities for sleeping.

Online travel company is an organization that books, reserves, or rents hotel or motel rooms and makes other travel arrangements for persons via the world wide web, internet, or other digital means. Online travel companies are considered facilitators, as used herein.

Owner means any person having an ownership interest in or conducting the operation of a hotel or motel or any other person engaged in the business of renting, leasing, or renting hotel or motel rooms, including facilitators.

Permanent resident means any person who occupies or has rented any hotel or motel room for at least 30 consecutive days.

Person means any natural person, trustee, receiver, administrator, executor, conservator, assignee, trust in perpetuity, trust, e

Unless specifically defined below, words or phrases in this chapter shall be interpreted giving them the same meaning as they have in this code and in common usage and to give this chapter its most reasonable applications.

A.   In no instance shall outside display and sales, storage or service of merchandise be located within, nor encroach upon, a fire lane, maneuvering aisle, or a parking space necessary to meet the minimum parking requirements of the use(s) on the property.

B.   Where public sidewalks are present, no outside display or sale of goods shall be permitted on the public sidewalks, unless the outdoor sales or displays takes place during a special downtown event or applicant obtains an "outdoor sales" permit from the village for a maximum of five (5) days per permit. A maximum of six (6) permits per year may be obtained by any individual applicant. No entrance area to a building shall be blocked by the display of outdoor goods for sale.

C.   Junk or rubbish is not permissible outdoor storage unless the use is a permitted junkyard/salvage yard or landfill.

D.   1.   Outdoor display and sales of goods are limited to the following areas:

a.   Front yard if the goods are located within five feet (5') of the store or ten feet (10') from any public right of way.

b.   Any side yard not facing a public right of way.

c.   Any rear yard.

2.   Automobile dealers, other vehicle dealers and rental and leasing services, lumberyards and nurseries are exempt from this provision.

E.   Outdoor display or inventory cannot be displayed or stored in landscape areas or buffers; within ten feet (10') of public right of way or on private access roads; in parking spaces or on elevated pads, ramps and similar structures.

F.   Outdoor display or inventory must be setback at least ten feet (10') from adjacent residential properties or alternatively, a six foot (6') privacy fence must be installed along the interior side yard.

G.   Where outdoor display is located adjacent to a building, an unoccupied area of not less than three feet (3') in width shall be provided for pedestrian access between any outside display and vehicle overhang areas of any adjacent parking lot.

H.   The short-term sale of agricultural products that are seasonal in nature, including, but not limited to, produce, nursery stock, Christmas trees, pumpkins, farmers' markets, and other similar products are subject to the issuance of a temporary outdoor sales permit issued by the community development department. (Ord. 19-12-43, 1-13-2020)

In the construction of this title, the words and definitions contained in this chapter shall be observed and applied, except when the context clearly indicates otherwise. Words used in the present tense shall include the future, and words used in the singular number shall include the plural number and the plural the singular; the word "shall" is mandatory and not discretionary; the word "may" is permissive; the word "building" includes all other structures 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".

ACCESSORY BUILDING OR USE: One which:

(A)   Is subordinate to and serves a principal building or principal use; and

(B)   Is subordinate in area, extent or purpose to the principal building or principal use served; and

(C)   Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and

(D)   Is located on the same zoning lot or lots under the same ownership as the principal building or principal use served, with the single exception of such accessory off street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

ACRE: One "acre" is forty three thousand five hundred sixty (43,560) square feet and any multiple thereof shall mean to be in square feet.

ACTIVE SOLAR ENERGY SYSTEM: A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.

AGRICULTURAL BUILDING OR STRUCTURE: Shall imply any building or structure existing or erected on land used principally for agricultural purposes, with the exception of dwelling units.

AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry including the breeding and raising of horses as an occupation and the necessary accessory uses for handling or storing the produce; provided, however that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.

ALLEY: A public right of way which normally affords a secondary means of access to abutting property.

ALTERATION: Any change in size, shape, character, occupancy or use of a building or structure.

ANIMAL HUSBANDRY: The breeding and raising of livestock, such as horses, cows and sheep, but specifically excluding dogs and cats.

AUTO LAUNDRY: A building, or portion thereof, containing facilities for washing more than two (2) automobiles, using production line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices.

AWNING: A rooflike cover, temporary in nature, which projects from the wall of a building.

BASE FLOOD: The flood having

(A)   The owner must apply for and obtain a certificate of occupancy from the Zoning Administrator to meet any additional safety requirements of a transient use.

(B)   Requirements: Short term rentals must be registered with the Village of Beecher. (Ord. 1418, 3-10-2025)

In the construction of this title, the rules and definitions contained in this Section shall be observed and applied, except when the context clearly indicates otherwise.

ACCESSORY BUILDING, STRUCTURE, OR USE: An accessory building, structure, or use is one which:

1.   Is subordinate to and serves a principal building or principal use;

2.   Is subordinate in building area, intensity, of use or purpose to the principal building or principal use served;

3.   Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and

4.   Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to be located other than on the same zoning lot with the building or use served.

Accessory buildings or accessory portions of principal buildings shall not be included as required square footage in residential districts.

ADULT ENTERTAINMENT: Any adult book store, adult motion picture theater, adult mini-motion picture theater, massage parlor or commercial establishment which for a fee or incidentally to another service, presents material or exhibition distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas" as defined below for observation by patrons therein:

MASSAGE PARLOR: Any commercial establishment which for a fee provides for the manipulation, or rubbing of body parts, except manipulation of body parts for remedial purposes performed by state licensed practitioners with the minimal qualifications of a physical therapist.

SPECIFIED ANATOMICAL AREAS: Shall mean less than completely opaquely covered 1) Human genitals; 2) Pubic region; 3) Buttock; 4) Female breast below a point immediately above the top of the areola; and 5) Human male genitals in a discernible turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES: 1) Human genitals in a state of sexual stimulation or arousal; 2) Acts of human masturbation, sexual intercourse or sodomy; and 3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

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 organiz

The following table lists permitted and special uses in each classified zoning district. (A "P" denotes that the use is a permitted use, an "S" denotes that the use is a special use, and an "X" denotes that the use is prohibited (not permitted)).

Table 6-1

A-FRAME SIGN: A movable sign placed on the ground and constructed in the shape of an "A" or some variation thereof. Refer to figure 11-2-A, "A-Frame Sign", of this definition.

FIGURE 11-2-A A-FRAME SIGN

ACCESSIBILITY RAMP: An inclined structure that allows increased access to a building or structure.

ACCESSORY STRUCTURE: A structure located on the same lot as a principal structure, and that is subordinate in structure and use to the principal structure.

ACCESSORY USE: A use located on the same zoning lot as a principal use that is subordinate to the principal use.

ADDITION: Construction that increases the size of a building or structure in terms of height, length, depth, width, floor area, or impervious coverage.

ADJACENT: Property or a right-of-way that touches a lot line of the subject property or is separated by a public alley. Properties shall not be considered adjacent to one another if a street separates the properties.

ADMINISTRATIVE ADJUSTMENT: Authorization granted by the Zoning Administrator to allow development that deviates from the specific regulations of this title within a narrowly defined set of circumstances.

ADULT CABARET: An establishment that features any of the following: people who appear nude or seminude; live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of "specified anatomical areas" or the conduct or simulation of "specified sexual activities"; or films, motion pictures, videos, slides, computer displays, or other visual representations or recordings that emphasize "specified anatomical areas" or "specified sexual activities".

ADULT STORE: An establishment having a substantial or significant portion of its sales or stock in trade devoted to books, magazines, periodicals, other printed matter, instruments, novelties, devices, paraphernalia, films, motion pictures, videos, digital materials, or other visual representations that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas". This shall include any establishment with a segment or section devoted to the sale or display of such materials, or an establishment that publicly claims itself as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of booths, or any other factors showing the establishment's primary purpose is to purvey such material.

ADULT THEATER: An establishment that, as a substantial or significant portion of its business, presents films, motion pictures, videos, digital materials, or other visual representations that are distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas".

ADULT USE: "Adult use" shall include "adult cabarets", "adult stores", "adult theaters", and other similar uses.

ADULT-USE CANNABIS CRAFT GROWER: A facili

(A) General provisions for accessory structures. Accessory structures shall be subject to the following standards, unless otherwise established by this Code.

(1) Construction phasing. No accessory structure shall be constructed prior to the construction of the principal building to which it is accessory.

(2) Location. Accessory structures are allowed in front, corner side, interior side, and rear yards.

(3) Height. The maximum height of an accessory structure shall be ten feet.

(4) Setbacks. Accessory structures shall be located a minimum of three feet from any rear lot line and three feet from any interior side lot line.

(B) Accessory structures table. Table 1244.04-A. Accessory Structures establishes the accessory structures allowed in each zoning district. Table 1244.04-A. Accessory Structures is not an exhaustive list of accessory structures that may be located within the city. Each structure is given one of the following designations for each zoning district.

(1) Permitted ("P"). A "P" indicates that the accessory structure does not require a building permit and is allowed by right within the designated district provided that it meets all applicable standards set forth in this section.

(2) Permitted with building permit ("B"). A "B" indicates that the accessory structure requires the approval of a building permit in accordance with Chapter 1443 (Permits and Certificates of Occupancy) and shall meet the use standards set forth in this section in order to be allowed within the designated district.

(3) No designation. The absence of a letter (a blank space) indicates that the structure is not allowed within the designated district.

(4) Use standards. Accessory structures that are designated as "Permitted" or "Permitted with Building Permit" may have use standards that must be met, as established in division (C) of this section.

Table 1244.04-A. Accessory Structures

ACCESSORY STRUCTURE. A structure located on the same lot as a principal structure that is subordinate in structure and use to the principal structure.

ACCESSORY USE. A use located on the same lot as a principal use that is subordinate to the principal use.

ADDITION. Construction that increases the size of a building or structure in terms of height, length, width, floor area, or impervious coverage.

ADJACENT. Property or right-of-way that touches a lot line of the subject property. Properties shall not be considered adjacent to one another if a public alley or other right-of-way separates the properties.

ADULT CABARET. An establishment that features any of the following: persons who appear nude or seminude; live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of SPECIFIED ANATOMICAL AREAS or the conduct or simulation of SPECIFIED SEXUAL ACTIVITIES ; or films, motion pictures, videos, slides, or other visual representations or recordings that emphasize SPECIFIED ANATOMICAL AREAS or SPECIFIED SEXUAL ACTIVITIES .

ADULT STORE. An establishment having a substantial or significant portion of its sales or stock in trade devoted to books, magazines, periodicals, other printed matter, instruments, novelties, devices, paraphernalia, films, motion pictures, videos, digital materials, or other visual representations that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS . This shall include any establishment with a segment or section devoted to the sale or display of such materials, or an establishment that publicly claims itself as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of booths, or any other factors showing the establishment's primary purpose is to purvey such material.

ADULT THEATER. An establishment that, as a substantial or significant portion of its business, presents films, motion pictures, videos, digital materials, or other visual representations that are distinguished or characterized by an emphasis on matter depicting, describing, or relating to SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS .

ADULT USE. Includes ADULT CABARETS , ADULT STORES , ADULT THEATERS , and other similar uses.

ALLEY. A narrow right-of-way typically located at the side and rear of lots that provides a means of access to adjacent properties.

ALTERATION. A change in the supporting members of a building or structure, such as bearing walls, partitions, columns, beams, or girders, or a substantial change to the roof or exterior walls.

ANIMAL BOARDING. An establishment where pet animals are temporarily boarded. ANIMAL BOARDING does not include ANIMAL HOSPITALS .

ANIMAL HOSPITAL. An establishment for the care and treatment of ill or injured pet animals that may be temporarily boarded during the period of care and treatment.

ANTEN

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DWELLING UNIT. One or more rooms, including individualized bathroom and kitchen facilities, which are arranged, designed, or used as living quarters for a household.

GUEST. A person who rents or occupies a short-term rental.

HOST. An owner or owners engaged in providing short-term rentals.

HOSTING PLATFORM. A marketplace entity, in whatever form or format which facilitates short-term rentals through advertising, matchmaking or other means, using any medium or facilitation, or from which the operator of the hosting platform derives revenue, including booking fees or advertising revenues from providing or maintaining the marketplace information.

NON-OWNER-OCCUPIED SHORT-TERM RENTALS. A short-term rental property that is not owner-occupied and is rented using a hosting platform for any short-term rental period.

OWNER. A person holding title or co-title of an abode, dwelling unit, or residence that they may lease as a short-term rental but only in accordance with the terms of this chapter.

OWNER-OCCUPIED SHORT-TERM RENTALS. A short-term rental property that is primarily owner-occupied, except for the duration when the property or a portion thereof as defined herein is rented using a hosting platform for any short-term rental period.

SHORT-TERM RENTAL PERIOD. A period of time of 182 or lesser calendar days.

SHORT-TERM RENTALS. A residential dwelling unit, including a single-family home in its entirety or an individual room within a single-family home or an accessory structure of a single-family home, townhomes, condominiums, and rooming house dwelling units or any residential dwelling unit included within a building containing two or more residential units, a building containing three or more residential units, or a multi-family building containing four or more units that are rented out using a hosting platform for any short-term rental period.

(Ord. 23-27, passed 12-12-2023)

No person shall conduct, keep, manage, or operate or cause to be conducted, kept, managed, or operated a short-term rental without a license as provided in this chapter. A license shall be obtained for each short-term rental and shall not be transferable. All such licenses are required to be renewed annually, subject to the same conditions as the original license. Such license shall be issued by the city upon payment of the fee as set forth in this chapter. Such fee shall accompany the license application.

(Ord. 23-27, passed 12-12-2023)

No license shall be issued or renewed until the short-term rental premises has been inspected and approved by the city to assure compliance with this chapter.

(Ord. 23-27, passed 12-12-2023)

The license fees to be paid annually to the city pursuant to this chapter shall be as follows:

(A)   A non-owner-occupied short-term rental applicant who is a not a resident of the city shall pay a fee of $350.

(B)   A non-owner-occupied short-term rental applicant who is a city resident shall pay a fee of $250.

(C)   An owner-occupied short-term rental applicant shall pay an annual license fee of $100.

(Ord. 23-27, passed 12-12-2023)

No license shall be issued unless the following standards are met:

(A)   All owners must use a hosting platform to market a short-term rental. The hosting platform shall be responsible for determining the guest's identification information and the accuracy of that information;

(B)   No owner shall rent any short-term rental for any period of time shorter than 24 consecutive hours nor for any period of time greater than 182 days;

(C)   The owner must inform a guest if parking is provided by the owner and if not, the owner must purchase from the city and provide to the guest city parking passes if required for guest parking. Guests shall not park vehicles on city streets overnight unless otherwise permitted;

(D)   The owner must provide proof of homeowner's insurance or host protection insurance in the amount of at least $500,000 to the city as part of its application;

(E)   Every short-term rental shall be subject to inspection by city representatives, including the Fire Department and the Building Department;

(F)   The owner shall keep a guest register in which the name of every guest, the guest's arrival and departure dates, and the price, fee, or other remuneration collected for each 24-hour period from each guest shall be recorded in written form. The owner shall make the guest register freely accessible to any authorized city representative; and

(G)   The owner shall post, inside the front entrance to every short-term rental dwelling unit, a short-term rental license issued by the city stating the owners name, a 24-hour telephone number to reach the owner and the maximum occupancy of the dwelling unit as allowed by this chapter.

(Ord. 23-27, passed 12-12-2023)

No owner shall permit the occupancy of any short-term rental unit to exceed the maximum number of persons in a dwelling unit as set forth below.

(Ord. 23-27, passed 12-12-2023)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GUEST. A person who rents or occupies a short-term rental.

OWNER. A person holding title or co-title of an abode, dwelling unit, or residence that they may lease as a short-term rental but only in accordance with the terms of this chapter.

SHORT-TERM RENTALS. A residential dwelling unit, including a single-family home in its entirety or an individual room within a single-family home or an accessory structure of a single-family home, townhomes, condominiums, and rooming house dwelling units or any residential dwelling unit included within a building containing two or more residential units, a building containing three or more residential units, or a multi-family building containing four or more units that are rented out using a hosting platform for any short-term rental period.

(Ord. 23-27, passed 12-12-2023)

A tax is hereby levied and imposed upon the use and privilege of leasing, letting, or renting, a short-term rental unit in the city at a rate of 5% of the gross rental receipts from such leasing, letting, or rental. The ultimate incidence and/or liability for payment of said tax shall be in addition to any and all other taxes.

(Ord. 23-27, passed 12-12-2023)

The owner of each short-term rental unit shall bear the duty to collect the tax from short-term rental guests and to pay over to the City Collector the tax under procedures prescribed by the City Collector or as otherwise set forth in this chapter. Every person required to collect the tax levied by ordinance shall secure said tax from the guest at the time that such person collects the price, charge, or fee for the short-term rental.

(Ord. 23-27, passed 12-12-2023)

It shall be the duty of every owner of a short-term rental to keep accurate and complete books and records to which the Director of Revenue shall, at all times, have full access. These books and records will cover the guest register, the amounts collected from guests for use of the short-term rental, and all receipts from the operation of the business. All books and records required by this section shall be retained for at least four years after the end of the calendar year in which they are created.

(Ord. 23-27, passed 12-12-2023)

Every owner of a short-term rental shall file a tax return showing tax receipts with respect to each 24-hour period that the short-term rental is utilized by a guest. The returns and remittances shall be filed for each calendar year quarter and shall be due on or before the last day of the first month following the last month of the quarter. The return shall be on a form prescribed by the City Collector. At the time of filing the returns, the owner shall pay over to the Director of Revenue all taxes due for the period to which the tax applies. Any owner who fails to file his or her returns when and as required shall also pay a penalty of 5% of the amount of the tax. In the event that an owner files the required return at the time specified herein but fails to pay the tax or part thereof when due, a penalty of 5% of the amount of unpaid tax shall be added thereto.

(Ord. 23-27, passed 12-12-2023)

(A)   No person shall operate any short-term rental for gain or profit without paying the municipal short-term rental tax. In addition to the penalty provided in § 901.07, in the event the owner fails to remit the tax hereby imposed, the business license issued to him or her by the city shall be subject to suspension or revocation. Revocation of the license shall not bar the city from any civil claims or causes of action that the city may have against the owner for tax revenue due under this chapter.

(B)   No person shall violate or refuse to comply with any of the provisions of this chapter, fail to complete, or refuse to allow the inspection of, books and records required to be kept, willfully and knowingly maintain false books or records or falsely report receipts taxed under the provisions of this chapter.

(Ord. 23-27, passed 12-12-2023)

Short term rental units are required to obtain business licensure from the city in order to operate within the city. It will be unlawful for any person to operate a short-term rental business within the city without first obtaining a business license.

(Ord. 2023-035, passed 8-22-2023)

(A)   Notwithstanding anything otherwise provided in this code to the contrary, any person violating any provision of this chapter shall, upon conviction, be fined in an amount not less than $100 per day, nor more than $750 per day. Unless exempted by this chapter, each day a residential building, dwelling unit, or any accessory building. or part thereof, is offered for rent as a short-term rental unit; is leased, rented, hired out, licensed, or let as a short-term rental unit; or is occupied as a short term rental unit shall constitute a separate violation of this chapter. Without any limitation on the foregoing, each day a violation of this chapter occurs or continues shall be a separate offense, and each such offense shall be subject to not less than the minimum daily fine.

(B)   The restrictions contained in this chapter shall be interpreted as minimum standards, and shall be in addition to any other applicable city ordinances and requirements that apply to short term rental units or the properties on which they are located.

(Ord. 2023-035, passed 8-22-2023)

(A) Global use table.

(1)   No person shall use land or a building or structure or erect, construct, reconstruct, move or structurally alter a building, structure or part thereof, except in conformance with the following schedule of use controls.

(2)   The use table below establishes the land uses allowed in each zoning district. Each use is given one of the following designations for each zoning district.

(a) Permitted Use (“P”). A “P” indicates that a use is allowed by right within the designated district provided that it meets all applicable use standards.

(b) Special Use (“S”). An “S” indicates that a use requires the approval of a special use permit in order to be allowed within the designated district, provided that it meets all applicable use standards.

(c) No designation. The absence of a letter (a blank space) or the absence of the use from the table indicates that a use is not allowed within the designated district.

(3)   Land uses that are designated as “permitted uses” or “special uses” may have use standards that must be met, as established in § 165.025.

(A) Scope of regulations.

(1)   For all buildings and structures erected and all uses of land established after the effective date of this chapter, accessory parking and loading facilities shall be provided as required by the regulations of the districts in which such buildings or uses are located. However, where a building permit has been issued prior to the effective date of this chapter, and provided that construction is begun within six months of such effective date and diligently prosecuted to completion, parking and loading facilities in the amounts required for issuance of said building permit may be provided in lieu of any different amounts required by this chapter.

(2)   When the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. However, no building or structure lawfully erected or use lawfully established prior to the effective date of this chapter shall be required to provide such additional parking or loading facilities unless and until the aggregate increase in units of measurement shall equal not less than 15% of the units of measurement existing upon the effective date of this chapter, in which event parking or loading facilities as required herein shall be provided for the total increase. However, in the case of expansion or alteration of residential buildings, required parking or loading facilities shall be provided on the basis of the total required units of measurement for the entire capacity of such buildings.

(3)   Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if said building or structure was erected prior to the effective date of this chapter, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this chapter.

(B) Existing parking facilities. Accessory off-street parking facilities in existence on the effective date of this chapter and located on the same lot as the building or use served shall not hereafter be reduced below, or if already less than, shall not be further reduced below the requirements for a similar new building or use under the provisions of this chapter.

(C) Permissive parking and loading facilities. Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings, provided all regulations herein governing the location, design and operation of such facilities are adhered to.

(D) Damage or destruction. For

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building or structure, attached, means a building or structure intended for an accessory use which is physically connected to or within the principal building or structure.

Accessory building or structure, detached, means a building or structure intended for an accessory use which is separated from the principal building or structure.

Accessory use means a use incidental and subordinate to the principal use of the land on the same zoning lot with the principal building, structure or use being served.

Adaptive reuse means the process of reusing an existing building for purposes other than it was originally intended. This can include the rehabilitation, retrofitting, extension, and expansion of the existing building but does not include the building's complete demolition.

Adult arcade means any place to which the public is permitted or invited wherein coin operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, videos, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

Adult bookstore or adult video store means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations that are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas; or

(2) Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

A principal business purpose exists if materials offered for sale or rental depicting or describing specified sexual activities or specified anatomical areas generate 20 percent or more of the business's income, or account for 20 percent or more of inventory, or occupy 20 percent or more of total floor space. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store.

Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified m

The commercial use category includes uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public. The commercial use subcategories are as follows:

(a) Animal service. Uses that provide goods and services for care of companion animals, including the following specific use types:

(1) Grooming. Grooming of dogs, cats and similar small animals, including dog bathing and clipping salons and pet grooming shops.

(2) Boarding or shelter. Animal shelters, care services and kennel services for four or more dogs, cats and small animals, including boarding kennels, pet resorts/hotels, pet day cares, pet adoption centers and dog training centers.

(3) Veterinary. Animal hospitals and veterinary clinics.

(b) Assembly and entertainment. Uses that provide gathering places for participant or spectator recreation, entertainment or other assembly activities. Assembly and entertainment uses may provide incidental food or beverage service. Typical uses include health clubs, gymnasiums, banquet halls, entertainment centers, billiard centers, bowling centers, cinemas, stadiums, arenas, and live theaters.

(c) Broadcast or recording studio. Uses that provide for audio or video production, recording or broadcasting.

(d) Commercial service. Uses that provide for consumer or business services and for the repair and maintenance of a wide variety of products. Examples of commercial service use types include the following:

(1) Building service. Uses that provide maintenance and repair services for all structural and mechanical elements of structures, as well as the exterior spaces of premises. Typical uses include janitorial, landscape maintenance, carpet cleaning, chimney sweeps, extermination, plumbing, electrical, HVAC, roofing, window cleaning and similar services.

(2) Business support service. Uses that provide personnel services, printing, copying, package (delivery) drop-off, photographic services or communication services to businesses or consumers. Typical uses include employment agencies, copy and print shops, delivery/courier service drop-off location for consumers, caterers, and photo developing labs.

(3) Consumer maintenance and repair service. Uses that provide maintenance, cleaning and repair services for consumer goods on a site other than that of the customer (i.e., customers bring goods to the site of the repair/maintenance business).

Typical uses include laundry and dry cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, picture framing shops, locksmiths, vacuum repair shops, electronics repair shops and similar establishments. Business that offer repair and maintenance service for large equipment or technicians who visit customers' homes or places of business are classified as a "building service."

(4) Personal improvement service. Uses that provide personal grooming, cosmetic or health and well-being-related services. Typical uses include barbers, hair and nail salons,

For the purpose of this article, and the interpretation and application thereof, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context in which they are used shall indicate otherwise. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number and words in the plural number include the singular number. Words or phrases not defined shall be given their common and ordinary meaning unless the context clearly indicates or requires a different meaning.

Building shall mean any structure occupied or intended for supporting or sheltering any occupancy or activity.

Building official shall mean the building official, as designated by the director, as herein defined, for purposes of this article.

City shall mean the City of Calumet City, Cook County, Illinois.

City Code shall mean the Municipal Code of the City of Calumet City, as from time to time supplemented and amended.

Default shall mean that the mortgagor has not complied with the terms of the mortgage on the property, or the promissory note, or other evidence of the debt, referred to in the mortgage.

Director shall mean the director of the department of inspectional services or his or her designee.

Enforcement officer shall mean any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector, building inspector, or other person authorized by the city to enforce the applicable code(s).

Evidence of vacancy shall mean any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to: overgrown and/or dead vegetation: past due utility notices and/or disconnected utilities; accumulation of trash junk or debris; abandoned vehicles, auto parts and/or materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail; statements by neighbors, passers-by, delivery agents or government agents; and/or the presence of boards over doors, windows or other openings in violation of applicable code.

Foreclosure or foreclosure action shall mean the legal process by which a mortgagee, or other lien holder, terminates or attempts to terminate a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. The legal process is not concluded until the property obtained by the mortgagee, lien holder, or their designee, by certificate of title, or any other means. is sold to a non-related bona fide purchaser in an arm's length transaction to satisfy the debt or lien.

Guest, permanent shall mean a person who occupies or has the right to o

(a) Required for hotels. It shall be unlawful to operate a hotel or a building or part thereof used or held out to the public as a place where sleeping accommodations are furnished for twenty

(20) or more persons for a period of one (1) day or more without a license.

(b) Required for roominghouses. It shall be unlawful to conduct or operate a rooming house or building, apartment or portion of a building, in which any person or persons not related to the owner or occupant of such premises by blood or marriage are furnished sleeping accommodations for hire without a license.

(c) Required for short term rentals. It shall be unlawful to conduct or operate a short-term rental for hire without a license.

(d) Compliance required. Any person, business entity, corporation, or partnership operating a roominghouse or short-term rental shall comply with all aspects of article XIV, entitled "crime-free residential rental license" of the City of Calumet City's Municipal Code.

(e) Fees.

(1) Hotels. The annual fee for a hotel license shall be three hundred dollars ($300.00) for the first unit and thirty dollars ($30.00) for each additional unit.

(2) Rooming houses. The annual fee for a rooming house license shall be one hundred eighty dollars ($180.00).

(3) Short-term rentals. The annual fee for a short-term rental license shall be five hundred dollars ($500.00).

(f) Fines. Any person, business entity, corporation, or partnership operating a roominghouse or short-term rental in violation of the City of Calumet City's Municipal code may be fined up to one thousand dollars ($1,000.00) for each violation of the Municipal Code. In the avoidance of doubt, each day shall constitute a separate violation, subject separate fines.

(Code 1980, §§ 15-444, 15-445; Ord. of 12-27-1973, § 33; Ord. No. 05-50, § 1, 7-28-2005;

Ord. No. 05-87, § 1, 12-8-2005; Ord. No. 22-21, § 2, 10-27-2022)

It shall be the duty of the director of crime-free housing, or his/her designee to inspect every hotel, rooming house or short-term rental operated in the city as frequently as may be necessary to ensure compliance with the provisions of this division.

(Code 1980, § 15-451; Ord. No. 22-21, § 2, 10-27-2022)

All premises used for hotel, rooming house or short-term rental purposes shall be kept in a clean and sanitary condition, and all portions of such premises and hotels that are open for use by all guests or by the public shall be kept lighted at all times they are so open to use. All such premises shall be kept heated between October first and May first to a temperature of not less than sixty-eight (68) degrees between the hours of 7:00 a.m. and 10:00 p.m. and to a temperature of not less than fifty-five

(55) degrees at all other hours.

(Code 1980, § 15-446; Ord. No. 22-21, § 2, 10-27-2022)

(a) No building shall be used for a hotel unless it is furnished with the number of exits and fire escapes required by the building ordinances of the city for the construction of a new hotel.

(b) No premises shall be used for a roominghouse or short-term rental unless there are at least two (2) exits to the outdoors from such premises.

(c) It shall be unlawful to block or permit the blocking of any exit from any premises used for a hotel, roominghouse or short-term rental.

(Code 1980, § 15-447; Ord. No. 22-21, § 2, 10-27-2022)

Water closets and lavatories shall be available to all guests using any hotel, roominghouse or short-term rental and there shall be at least one (1) bathroom equipped with water closet, shower or tub, and lavatory facilities for each ten (10) residents on the premises.

(Code 1980, § 15-448; Ord. No. 22-21, § 2, 10-27-2022)

Each hotel, roominghouse, or short-term rental proprietor, and each operator therein, shall keep or cause to be kept a register of guests as required by state law. Such register or list shall be available for inspection by any member of the police department at any time.

(Code 1980, § 15-449; Ord. No. 22-21, § 2, 10-27-2022)

It shall be unlawful to permit knowingly any fugitive from justice to stay in any hotel, roominghouse, or short-term rental.

(Code 1980, § 15-450; Ord. No. 22-21, § 2, 10-27-2022)

ABUT: To share a common wall or lot line without being separated by a street or alley, or other public right of way.

ACCESSIBILITY RAMP: A ramp or similar structure that provides wheelchair or similar access to a structure.

ACCESSORY DWELLING UNIT (ADU): A smaller additional living space on the same lot as a single-family home. An ADU includes space for living, sleeping, cooking and bathrooms independent of the primary residence. While the ADU may or may not include access to the primary residence, it must be accessible without going through the primary residence and there is some expectation of privacy from the home. ADUs are clearly subordinate and secondary in size, scope and nature to the primary residence on the lot.

ACCESSORY STRUCTURE: A detached structure that is located on the same zoning lot as the principal building and that is incidental to the use of the principal building.

ACCESSORY USE: A use of land or a structure, or portion thereof, customarily incidental and subordinate to the principal use of the land or structure.

ADDITION: Construction that increases the size of a structure in terms of building footprint, height, or floor area.

AGRICULTURE: Farming in all its branches and among other things including the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in section 15(g) of the Agricultural Marketing Act, as amended), the raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market.

AGRICULTURAL SUPPORT SERVICES: Establishments that provide services to farms, such as rental of equipment, crop harvesting assistance, siloing, cleaning, shelling, curing, packing, soil preparation and fertilizer services, etc.

ALLEY: A public right-of-way that normally affords a secondary means of access to abutting property.

AMATEUR (HAM) RADIO EQUIPMENT: An amateur (HAM) radio station licensed by the Federal Communications Commission (FCC), including equipment such as, but not limited to, a tower or building-mounted structure supporting a radiating antenna platform and other equipment.

AMBIENT LIGHTING: The general overall level of lighting in an area.

AMUSEMENT ARCADE: A indoor place or facility where pinball, computer games, or other similar electronic games are played for amusement only. “Amusement arcade” does not include bingo games or gambling devices.

AMUSEMENT FACILITY, OUTDOOR: Commercial premises where the primary use is predominantly participant activities conducted in open or partially screened enclosures. Typical facilities include driving ranges, miniature golf, swimming pools, tennis court

A.   Table 7-1, Permitted and Special Uses in All Zoning Districts. This table identifies permitted, special, conditional, and temporary uses allowed within each zoning district.

1.   “P” indicates that the use is permitted by-right in the district.

2.   A “C” indicates the use is permitted with conditions. The referenced section of the ordinance should be consulted to determine these conditions.

3.   “S” indicates that the use is a special use in the district and requires special use permit approval.

4.   A dash (“—”) indicates that the use is not permitted in the district.

B.   Terminology in Table 7-1. Uses found within Table 7-1 are defined in Chapter 14 of this title.

1.   Certain uses are defined to be inclusive of many uses.

2.   When a use meets a specific definition, it is regulated as such and is not regulated as part of a more broadly defined use category.

3.   A use that does not fall within a use definition or is interpreted as not part of a use definition, is prohibited.

Table 7-1. Permitted and Special Uses in All Zoning Districts

A "P" indicates the use is permitted in the applicable zoning district. A "C" indicates the use is permitted with conditions; see the Notes, References column for the Ordinance section that contains the conditions. An "S" in the column indicates the use is allowed only with special use approval. An "'-" in the column indicates the use is not allowed. Nonconforming status, per Chapter 10, and uses approved per PUD ordinances, shall govern as well.

A.   Animal Care Facilities, Animal Kennels (Commercial), and Animal Shelters.

1.   Exterior exercise areas must be located to the interior side or rear of the principal building on the lot. Exterior exercise areas must provide covered areas over a minimum of twenty-five percent (25%) of the exterior area to provide shelter against weather.

2.   All animal quarters and exterior exercise areas must be kept in a clean, dry, and sanitary condition.

3.   All animal overnight boarding facilities must be located indoors.

B.   Auto Body and Auto Repair Shops.

1.   All repair operations must be performed within a fully enclosed building. All equipment and parts must be stored indoors. Any vehicles awaiting repair must be stored so that no fluids will drain and cause contamination.

2.   Auto body and auto repair establishments that abut a residential district must be screened along interior side and rear lot lines with a wall or privacy fence, a minimum of six feet and a maximum of seven feet in height.

3.   No partially dismantled, wrecked, junked, or discarded vehicles, or vehicles that sit on one or more flat tires or are inoperable in any manner may be stored outdoors on the premises. This standard does not apply to vehicles under repair.

C.   Bed and Breakfast Establishments.

1.   The owner of a bed and breakfast must reside in and continue to reside in the dwelling as a principal residence and must be occupying the dwelling unit for the duration of time other visitors are accommodated.

2.   Bed and breakfasts are allowed only within single-family dwellings.

3.   Bed and breakfasts must not generate a significant increase in pedestrian or vehicular traffic within the residential district in which it is located.

4.   Bed and breakfasts must not change the character of the single-family dwelling unit or adversely affect the character of the neighborhood or the enjoyment of adjacent properties.

5.   No more than one (1) person who is not a principal resident of the dwelling may be an employee at the dwelling site at any one time. The term employee does not apply to contractors providing short-term temporary services, such as repairs or landscaping.

D.   Community Gardens.

1.   Community gardens are limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity. It may also include community-gathering spaces for active or passive recreation but playground equipment is prohibited.

2.   Greenhouses, including high tunnels/hoop-houses, cold-frames, and similar structures, are permitted to extend the growing season. Accessory structures such as sheds, gazebos, and pergolas are also permitted.

E.   Community Residences. Community residences must meet all federal, state, and local requirements including, but not limited to, licensing, health, safety, and building code requir

Where a word or term used in this title is not defined in this section but is defined in the subdivision regulations of the Village, the meaning of said word or term is as set out in that ordinance. Some of the words or terms used in this title are defined as follows:

Access means a way or means of approach to provide vehicular or pedestrian physical entrance to and exist from the property.

Accessory use, structure, or building means a subordinate use, structure or building, the use of which is customarily incidental to that of a principal use, structure, or building on the same parcel.

Acre means an area of land which is forty-three thousand five hundred sixty (43,560) square feet.

Acute care center means an institution providing health care services and medical or surgical care to persons suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions on an emergency basis.

Addition (to an existing building) means an increase in the building area, aggregate floor area, height, or number of stories of a structure.

Adjacent lot means a lot or parcel that shares all or part of a common lot line with another lot or parcel of land.

Adult booth means any area of an adult entertainment establishment set off from the remainder of such establishment by one (1) or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

Adult cabaret means any commercial establishment that derives a significant portion of its business from live performances or video images (photos, movies, computer images, and the like) that are characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct of specified sexual activities. "Specified anatomical areas" and "specified sexual activities" are terms of art that are defined in this section.

Adult entertainment establishment means an adult cabaret, adult store, adult theater as defined in this section. Adult material means any printed, visually displayed, or digitally stored material, ready or available for printing or visual display, that is characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct of specified sexual activities; any instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

Adult store means any commercial establishment that derives a significant portion of its business receipts from the sale, rental, viewing of adult materials, or one that contains adult booths.

Adult theater means any commercial establishment that as a significant portion of its business provides printed, visually displayed, or digitally stored material, ready o

17-17-0101 General.

17-17-0101-A Use Groups. This Zoning Ordinance classifies land uses into 5 major groupings: Residential, Public and Civic, Commercial, Industrial, and Other. These are referred to as "Use Groups".

17-17-0101-B Use Categories. Each Use Group is further divided into more specific "Use Categories". Use Categories classify land uses and activities based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions.

17-17-0101-C Typical Uses. Typical uses cited in the description of Use Categories are not intended to be exclusive or restrictive.

17-17-0101-D Determination of Appropriate Land Use Categories. When a specific use type cannot be classified into a Use Category or appears to fit into two or more Use Categories, the Zoning Administrator is authorized to determine the most appropriate Use Category.

17-17-0102 Residential Use Group. The Residential Use Group includes uses that provide living accommodations to one or more persons. The Residential Use Group includes two Use Categories: group living and household living .

17-17-0102-A Group Living. Residential occupancy of a dwelling by other than a " household ", typically providing communal kitchen/dining facilities. Examples of group living uses include but are not limited to fraternities, sororities, convents, monasteries, nursing homes and the following specific use types:

1.   Assisted Living. A facility that meets the definition of: (1) an "assisted living establishment" or (2) a "shared housing establishment" as those terms are defined in the Assisted Living and Shared Housing Act, 210 ILCS 9/1, et seq ., as amended.

2.   Convents and Monasteries. A residential building housing persons (such as nuns or monks) under religious vows.

3.   Community Home. An adult family care home or adult family care center, as those terms are defined in Sections 4-6-110 and 4-6-080(a), respectively; or a single dwelling unit occupied on a permanent basis by a group of unrelated persons with disabilities in a family-like environment, and which may be occupied by paid professional support staff provided by a sponsoring agency.

(a)   Community Home, Family.

(i)   An adult family care home, as that term is defined in Section 4-6-110; or

(ii)   A single dwelling unit that complies with the regulations of the zoning district in which it is located, and which is occupied on a permanent basis by a group of not more than 8 unrelated persons with disabilities in a family-like environment and which may be occupied by paid professional support staff provided by a sponsoring agency.

(b)   Community Home, Group.

(i)   An adult family care center, as that term is defined in Section 4-6-080(a); or

(ii)   A single dwelling unit that complies with the regulations of the zoning district in which it is located, and which is occupied on a pe

(a) Departmental report – Required. Each licensee under this Article II shall submit to the Department a monthly report, in a form approved by the Commissioner, that contains the following information about each of the short term residential rentals listed through the intermediary’s platform during the applicable reporting period: (i) the total number of short term residential rentals listed on the platform during the applicable reporting period; (ii) the license or registration number of each short term residential rental listed on the platform during the applicable reporting period; (iii) the address, including the unit number if applicable, of each short term residential rental listed on the platform during the applicable reporting period; (iv) the exact number of nights that each short term residential rental listed on the platform was rented to guests during the applicable reporting period; (v) the amount of rent paid by guests in connection with the rental of each short term residential rental listed on the platform during the applicable reporting period; (vi) the total amount of tax paid by the intermediary to the city under Section 3-24-030 in connection with the rental of each short term residential rental listed on the platform during the applicable reporting period; (vii) a cumulative tally to date of the number of nights that each short term residential rental listed on the platform is booked for rental during the remaining months of the applicable calendar year; (viii) a current telephone number for the host and local contact person, as applicable, for each short-term residential rental listed on the platform during the applicable reporting period; and (ix) the ward in which each short-term residential rental is located.

(b) Additional departmental reports – Required when. Upon request by the Commissioner, each licensee under this Article II shall submit to the Department, in a form and manner prescribed by the Commissioner, data identifying the total number of short term residential rentals that have been rented for more than 30 nights, or for any other period of nights during the current, previous, or subsequent calendar year, that the Commissioner reasonably determines is necessary to assist the Department in enforcing this Chapter 4-13 or Chapters 4-14 or 4-16 or Sections 4-6-180, 4-6-290 and 4-6-300 of this Code.

(c) Aldermanic report – Required. The Department shall submit to each alderman a quarterly report that contains, on a ward specific basis for the respective ward the following for each of the short term residential rentals included on any reports submitted under subsection (a) of this section during the applicable reporting period: (1) the information set forth in subsection (a) of this section; (2) the number and type of all citations, violations, or other disciplinary actions during the applicable reporting period; and (3) whether any Commissioner’s adjustments have been authorized pursuant to Section 4-14-100.

(d)

This Article I shall establish fees for various licenses created by this title unless otherwise provided. The following fees shall apply for the specified licenses. The chapter in which each fee requirement is created is also provided. Unless otherwise stated, fees shall be assessed every two years. For every license application which includes fingerprinting of the applicant as part of the application process, a fingerprint fee sufficient to cover the cost of processing fingerprints will be assessed in addition to the below fees. The fingerprint fee will be assessed regardless of whether the license applied for is issued or denied. The amount of the fee will be set forth by regulation promulgated by the Commissioner of Business Affairs and Consumer Protection.

Each license fee set in this section for all limited business licenses and regulated business licenses shall be adjusted upwards starting January 2027, and each January thereafter according to the permit’s term by applying to it the CPI adjustment, as defined in Section 1-4-090, up to 2.5 percent in any year, or in a lesser amount that the Commissioner determines is supported by the costs associated with administering such license. After the calculation of fee adjustment by any of these means, the amount shall be rounded to the nearest whole dollar. The Commissioner shall publish such fees on a publicly accessible website.

A non-refundable online license application fee in the amount of $25.00 must be paid to the City at the time of initial submission of any online application for a new business license under this chapter. A non-refundable credit equal to the online license application fee paid by the applicant will be applied towards the applicable license fee under this chapter. The balance of the license fee required by this section must be paid to the City before the applicable license may be issued. A license is not valid until all fees required by this chapter have been paid to the City. The Commissioner is authorized to establish rules based on operational requirements for license approval that limit the types of online license applications subject to the online license application fee established by this paragraph.

The fees for business licenses issued pursuant to Title 4, as of January 1, 2026, are as follows:

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Default shall mean that the mortgagor has not complied with the terms of the mortgage on the property, or the promissory note, or other evidence of the debt, referred to in the mortgage.

Enforcement officer shall mean any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector, building inspector, or other person authorized by the city to enforce the applicable code(s).

Evidence of vacancy shall mean any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to: overgrown and/or dead vegetation; past due utility notices and/or disconnected utilities; accumulation of trash junk or debris; abandoned vehicles, auto parts and/or materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail; statements by neighbors, passers-by, delivery agents or government agents; and/or the presence of boards over doors, windows or other openings in violation of applicable code.

Foreclosure or foreclosure action shall mean the legal process by which a mortgagee, or other lien holder, terminates or attempts to terminate a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. The legal process is not concluded until the property obtained by the mortgagee, lien holder, or their designee, by certificate of title, or any other means, is sold to a non-related bona fide purchaser in an arm's length transaction to satisfy the debt or lien.

Landlord shall mean one or more persons or entities, jointly or severally, including a mortgage holder in possession of real property, whom is vested all or part of the legal title to the premises or all or part of the beneficial ownership and a right to the present use and enjoyment of the premises, who rents, leases, or lets for consideration any rental property.

Mortgagee shall mean the creditor, including but not limited to, trustees; mortgage servicing companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement; or any other person or entity with the legal right to foreclose on the real property, excluding governmental entities.

Owner shall mean every person, entity, landlord, or mortgagee, who alone or severally with others, has legal or equitable title to any real property as defined by this chapter; has legal care, charge, or contro

The following provisions set forth, in alphabetical order, specific businesses for which licenses are required, the fees for such licenses, and any specific regulations pertaining to said business: (1986 Code)

AMUSEMENTS AND AMUSEMENT DEVICES

A.   Prohibited Activities: The following kinds of conduct on premises within the city of Countryside licensed to operate and maintain any amusements and/or amusement devices under this code are prohibited: any act or series of acts upon a human being, whether self-inflicted or inflicted by another, and not withstanding the consent of the person upon whom such act is inflicted, that is intended to cause a breaking or puncturing of the skin and/or the drawing of blood and/or the fracturing and/or tearing of any part of that person's anatomy, and whether or not inflicted directly by human hands or by means of another agency, either living or mechanical for entertainment purposes as part of or in conjunction with any show, performance, or exhibition. The utilization of any previously made punctures, holes, or devices imbedded within a human being's anatomy for the purpose of hoisting, lifting, or suspending such a person for entertainment purposes as part of or in conjunction with any show, performance, or exhibition.

B.   Included Activities: See chapter 3 of this title, which includes the following:

Amusement devices, manually operated games, jukeboxes 1

Billiard and pool halls

Bowling alleys

Circuses and carnivals

Golf driving ranges and miniature golf and putting courses

Private recreational clubs

Public dances

Theaters

(Ord. 02-11-0, 3-28-2002)

AUCTIONS AND AUCTIONEERS; ANNUAL AND TWENTY DAY LICENSES

A.   License Required: See section 3-1-1 of this title. This includes any person selling or attempting to sell any real or personal property, under and by virtue of legal process at auction.

B.   Fees: See section 3-1-13 of this title.

C.   Special Regulations:

1.   Auction Prohibited On Public Property: It shall be unlawful to conduct an auction sale of real or personal property on any street, sidewalk or public property of the city.

2.   Creating Noise To Attract Crowds Prohibited: No means of attracting the attention of the public, other than a sign or flag, shall be employed, or permitted to be used at or near the place of an auction.

3.   False Representation: No auctioneer or person present when real or personal property is offered for sale shall knowingly, with intent to induce any person to purchase the same, or any part thereof, make any false representation or statement as to ownership, character or quality of the property so offered for sale or as to the circumstances of the owner or alleged owner of the property.

4.   Fictitious Bidding: No auctioneer shall procure any person to make a fictitious bid at any auction sale, or conspire with or knowingly permit any person to make a fictitious bid.

5.   Substitutions Prohibited: No auctioneer shall exhibit and offer for sale at auct

The following words and terms, when used in this chapter, shall have the meaning set forth below, except where otherwise specifically indicated.

Abutting: To have a common property line or district line.

Accessory building or use: A building or use which:

(1) Is subordinate to and serves a principal building or principal use.

(2) Is subordinate in area, extent or purpose to the principal building or principal use served.

(3) Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served.

(4) Is located on the same zoning lot as the principal building or potential use served with the single exception of such accessory off street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

Adjacent: Lying near or in the immediate vicinity.

Adjoining: Touching or contiguous, as distinguished from lying near.

Advertising: See "sign."

Aerials or antennas: Structures or devices used to detect or radiate electromagnetic waves; specifically that part of a radar or of a radio-sending or radio-receiving set that consists of that apparatus that radiates waves or receives them. Structures shall not be located in the front yard or side yard of a residence or business district and shall not exceed the height limitation established by the Federal Communications Commission.

Agriculture: 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. Included are truck-farming, poultry farming, beekeeping, raising of fruit and berries, and the selling of agricultural products, but shall not include mechanized industrial animal farms. "Agriculture" shall not include the commercial feeding of garbage to swine or other animals.

Agricultural building or structure: Any building or structure existing or erected on land used principally for agricultural purposes, with the exception of dwelling units.

Alley: A public or private way, at the rear or side of property, permanently reserved as a means of secondary vehicular access to abutting property. Frontage on the alley shall not be construed as satisfying the requirements of this chapter related to frontage on a dedicated street.

Alteration: Any change in size, shape, character, occupancy or use of a building or structure. Animal hospital: Any building or portion thereof designed or used for the care, observation, or treatment of domestic animals.

Apartment: See "dwelling unit."

Apartment building: See "dwelling, multifamily."

Arterial street: See "road classifications."

Auditorium: A room hall or building made a part of a church, theatre, school, recreation building, or building assign

The following words and terms, wherever they occur in this title, shall be construed as herein defined:

(A)   Short-Term Rentals are prohibited in the City of Darien.

(B)   The offering of a Short-Term Rental in the City of Darien is prohibited.

(C)   The prohibition on short-term rental units shall not apply when the immediately preceding owner of a property maintains possession of the dwelling unit after closing on a real estate transaction for the sale thereof and leases said property back from the successor owner for a period of time pursuant to a written agreement.

(D)   Any person who violates, disobeys, omits, neglects, or refuses to comply with, or who resists enforcement of any provisions of this section, shall be subject to a fine of not less than one thousand dollars ($1,000.00) nor more than two thousand five hundred dollars ($2,500.00) for each offense. A separate offense shall be deemed committed on each day that such violation occurs or continues.

(E)   The owner or tenant of any building, structure, or land, and any other person, who commits, participates assists in, or maintains such violation may each be found guilty of a separate offense and be subject to the penalties herein provided. (Ord. O-11-23, 6-19-2023; amd. Ord. O-15-25, 4-7-2025)

For the purposes of this title, the following terms shall have the following meanings:

ACCESSORY OFF SITE PARKING LOT: A lot of record used for off street vehicle parking or storage that does not abut the lot of record on which the primary use is located. The accessory off site parking lot and the lot on which the primary use is located must be under the same ownership. Such use shall only be utilized for establishments located within the City of Des Plaines. “Accessory off-site parking lot” shall not include any use that is otherwise listed specifically in a zoning district as an allowable conditional use. No signage shall be allowed on an accessory off site parking lot except for a 24-square-foot ground sign identifying the off site primary use. Such sign shall not exceed four feet in height and may be internally illuminated.

ACCESSORY STRUCTURE: A structure which is detached from a principal structure and is located on the same zoning lot and incidental and subordinate to the principal structure. Accessory structures are characterized by having a solid or semi- open roof, and include, but are not limited to, detached garages, carports, pergolas, sheds, greenhouses, and gazebos. Accessory structures may not exceed the height of the principal structure.

ACCESSORY USE: A use which is located on the same zoning lot as a principal use and is incidental and subordinate to the principal use.

ADHERED MASONRY VENEER: Masonry veneer secured and supported through the adhesion of an approved bonding material applied to an approved backing.

ALLEY: A public right-of-way which affords a secondary means of access to abutting property.

ALTERNATIVE TOBACCO ESTABLISHMENTS: An establishment, the principal use or purpose of which is for the retail sales of electronic cigarettes, nicotine and non-nicotine vapor related items, nicotine salts, non-cannabis fragrances, vape machines/pens, and liquid nicotine/e-juice. In terms of primary use, the majority of the floor area of the use and/or sales of all aforementioned items shall constitute this use. “Alternative tobacco establishments” do not include any use otherwise listed specifically in a zoning district as a permitted or conditional use. This definition does not include the uses of any cannabis business establishment. This use shall follow the off-street parking regulation for a retail establishment.

ANCHORED MASONRY VENEER: Masonry veneer secured with approved mechanical fasteners to an approved backing.

ANIMAL CLINIC: A use or structure intended or used primarily for the testing and treatment of animals on an emergency or outpatient basis. Animal clinic shall not include the boarding or training of animals and shall not provide outdoor runs or kennels. "Animal clinic" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.

ANIMAL HOSPITAL: A use or structure intended or used primarily for the testing and treatment of the disorders of anima

Short-term rental lodging houses for transient overnight occupancy use, or subletting of any house, or any accessory buildings, pools, gazebos, sheds of any type or for any purpose, hot tubs or any other type of accessory to the residence, for less than thirty (30) consecutive days is expressly prohibited in the village.

(Ord. No. 23-08, § 1, 8-9-23)

Use Table. Table 1272.02.1 Principal Uses and Structures establishes the uses allowed in each zoning district. Each use is given one of the following designations for each zoning district. Permitted Use (“P”). “P” indicates that a use is allowed by-right within the designated zoning district provided that it meets all applicable use standards set forth in Section 1272.02.b (Use Standards for Principal Uses and Structures). Special Use (“S”). “S” indicates that the use requires the approval of a special use permit (refer to Section 1264.03 (Special Use Permit)) in order to be allowed within the designated zoning district, and must meet all applicable use standards set forth in Section 1272.02.b (Use Standards for Principal Uses and Structures). No Designation. The absence of a letter (a blank space) or the absence of the use from the table indicates that the use is not allowed within the designated zoning district. Table 1272.02.1 Principal Uses and Structures Principal Uses & Structures A-1 R-1 R-2 R-3 R-4 B-1 B-2 D-1 M-1 M-2 Use Standards Residential Community Residence (Large) P P See 1272.02.b.10 Community Residence (Small) P P P P See 1272.02.b.10 Dwelling Above the Ground Floor P P P None Dwelling Below the Ground Floor P P None Live/Work Dwelling P P See 1272.02.b.23 Residential Care Facility S S S S S S S None Short-Term Rental P/S P/S P/S P/S See 1272.02.b.31 Single-Unit Dwelling P P P S S P None Two-Unit Dwelling P P P P P None Three-Unit Dwelling S S P P P S None Four-Unit Dwelling S S P P P S None Townhouse Dwelling S S P P P None Multiple-Unit Dwelling S S P P P S None Civic and Institutional A-1 R-1 R-2 R-3 R-4 B-1 B-2 D-1 M-1 M-2 Use Standards Cemetary S S None College or University S None Community Garden P P P P S S P See 1272.02.b.9 Cultural Facility P P P P P P P None Elementary, Middle, or High School P P P P See 1272.02.b.16 Government Facility P P P P P P P P P See 1272.02.b.18 Hospital S None Park P P P P P P P P None Place of Worship (Large) S S S S S S S S S S See 1272.02.b.30 Place of Worship (Small) S S S S S S S S S S See 1272.02.b.30 Vocational School S S S S S S S S S See 1272.02.b.16 Commercial A-1 R-1 R-2 R-3 R-4 B-1 B-2 D-1 M-1 M-2 Use Standards Adult Use S See 1272.02.b.1 Animal Boarding, Hospital, or Shelter S S See 1272.02.b.4 Bar/Tavern P P None Body Art Establishment S S None Camp S S See 1272.02.b.6 Cannabis Dispensary S S See 1272.02.b.7 Car Wash P See 1272.02.b.8 Corner Store S S S S See 1272.02.b.11 Crematory S None Currency Exchange P See 1272.02.b.12 Day Care Center P P S See 1272.02.b.13 Day Care Home S S S S See 1272.02.b.14 Drive-Through Facility P See 1272.02.B. Event Space S P S None Financial Institution P P None Funeral Home S S P None Garden Center P None Gas Station P See 1272.02.b.17 Golf Course S S None Hotel/Motel S P S None Hunt and Gun Club S See 1272.02.b.19 Indoor Entertainment (Large) S P S See 1272.02.b.21 Indoor Entertainment (Small) S P S See 1272.02.b.21 Indoor Recreation S P S See 1

Accessory uses and structures are subject to the requirements of this section.

General Provisions for Accessory Structures. Construction Phasing. No accessory structure may be constructed before the construction of the principal building to which it is accessory. Location. Accessory structures may be located in the front, corner side, interior side, and rear yards, unless otherwise established by this Ordinance. Accessory structures are not allowed in any easement, except open fences and walls. Accessory structures are not allowed to substantially block drainage paths. Setback. Accessory structures must be located a minimum of 10 feet from primary structures, unless otherwise established by this Ordinance. Accessory structures must be located a minimum of five feet from any lot line, except fences and walls, unless otherwise established by this Ordinance. Height. The maximum height of an accessory structure is 15 feet, unless otherwise established by this Ordinance, as measured to the top of the structure. Accessory Uses and Structures Table. Table 1272.03.1 Accessory Uses and Structures includes accessory uses and structures that may be located in each zoning district within the Village. Allowed (“A”). “A” indicates that the accessory use or structure does not require a building permit and is allowed by-right within the designated zoning district provided that it meets all applicable standards set forth in Section 1272.03.c (Use Standards for Accessory Use and Structures). Allowed with Building Permit (“BP”). “BP” indicates that the accessory use or structure requires the approval of a building permit in accordance with Part 14 (Building and Housing Code) Title 2 (Building Standards) of the Municipal Code and must meet the use standards set forth in Section 1272.03.c (Use Standards for Accessory Uses and Structures) in order to be allowed within the designated zoning district. No Designation. The absence of a letter (a blank space) indicates that the use or structure is not allowed within the designated zoning district. Accessory Uses and Structure A-1 R-1 R-2 R-3 R-4 B-1 B-2 D-1 M-1 M-2 Use Standards Accessibility Ramp BP BP BP BP BP BP BP BP BP BP None Accessory Dwelling Unit BP BP BP BP BP BP See 1272.03.c.1 Arbor or Trellis BP BP BP BP BP BP BP BP BP BP None Awning or Canopy BP BP BP BP BP BP BP BP BP BP See 1272.03.c.2 Balcony BP BP BP BP BP BP BP BP BP BP See 1272.03.c.3 Ball Court BP BP BP BP BP See 1272.03.c.4 Bay Window BP BP BP BP BP BP BP BP BP BP See 1272.03.c.5 Blue Roof or Green Roof BP BP BP BP BP BP BP BP BP BP None Cabana, Gazebo, or Pergola BP BP BP BP BP BP BP BP BP BP See 1272.03.c.6 Chicken Coop A BP BP See 1272.03.c.7 Chimney BP BP BP BP BP BP BP BP BP BP See 1272.03.c.8 Community Library Kiosk A A A A See 1272.03.c.9 Compost Bin A A A A A A A A A A See 1272.03.c.10 Deck BP BP BP BP BP BP BP BP BP BP See 1272.03.c.11 Dog Run A A A A A A A A See 1272.03.c.12 Eave, Gutter, Sill, or Cornice BP BP BP BP BP BP BP BP BP BP See 1

General Requirements. Off-street parking spaces for vehicles must be provided in accordance with the following standards. Availability of Spaces. All parking spaces that are part of an approved occupancy permit must be made available as parking or loading spaces for the principal use. Spaces must not be utilized for vehicle repair, service, or for long-term storage or display of vehicles, materials, or goods. Accessible Parking. State Requirements. Accessible parking spaces must be designed and provided as required by the Illinois Accessibility Code and all additional applicable laws. Applicability. Accessible parking must be provided for all off-street parking lots that provide parking with the exception of single-unit, two-unit, three-unit, four-unit dwellings, and townhouse dwellings. Minimum Parking Requirements. The number of accessible parking spaces are counted toward the total number of off-street parking spaces required. Off-Premises Parking Facilities. Generally, parking facilities must be located on the same zoning lot as the building, structure, or use being served. Parking facilities for uses other than single-unit, two-unit, three-unit, four-unit, and townhouse dwellings may be provided off-premises with prior written approval by the Zoning Officer provided that the following conditions are met: Residential Uses. Any off-premises parking facility for a multiple-dwelling unit must be located within 300 feet, along a pedestrian route, of the nearest principal entrance of the building for which the parking facilities are required. Non-residential Uses. Any off-premises parking facility for a non-residential use must be located within 500 feet, along a pedestrian route, of the nearest principal entrance of the building for which the parking facilities are required. Off-Premises Facility Agreement. A written agreement for off-premises parking facilities must be executed between the property owner and the lessee to guarantee that off-street parking spaces will be provided for the uses served for as long as such uses are in operation. The agreement must be in a format satisfactory to the Village Attorney and must be recorded by the Kane County Recorder’s Office, as applicable. Tandem Parking. Tandem parking may be granted for residential uses only with an application for Site Plan Review (see Section 1264.02 (Site Plan Review)). Both parking spaces must be allotted to the same dwelling unit and located on the same lot as the dwelling unit. Shared Parking Facilities. Shared parking facilities for two or more uses may be provided in an amount less than each of the uses collectively in any zoning district; the uses must not have peak parking demands at the same time. Shared parking facilities require a parking study conducted by a qualified professional at the applicant’s expense, a written agreement executed between the property owners, and an approved application for site plan review (see Section 1264.02 (Site Plan Review)). Electric Vehicl

Accessibility Ramp: An inclined structure that allows increased access to a building or structure. Accessory Dwelling Unit (ADU): A small, self-contained residential dwelling unit that is subordinate to a larger residential dwelling unit located on the same lot. Accessory Structure : A structure located on the same lot as a principal structure that is subordinate in structure and use to the principal structure. Accessory Use: A use located on the same zoning lot as a principal use that is subordinate to the principal use. Addition: Construction that increases the size of a building or structure in terms of height, length, depth, width, floor area, or impervious coverage. Adjacent: Property or a right-of-way that touches a lot line of the subject property or is separated by a public alley. Properties are not considered adjacent to one another if a street separates the properties. Administrative Adjustment: Authorization granted by the Zoning Officer to allow development that deviates from the specific regulations of this Ordinance within a narrowly defined set of circumstances. Adult Cabaret: An establishment that features any of the following: people who appear nude or seminude; live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of “Specified Anatomical Areas” or the conduct or simulation of “Specified Sexual Activities”; or films, motion pictures, videos, or other visual representations or recordings that emphasize “Specified Anatomical Areas” or “Specified Sexual Activities.” Adult Store: An establishment having a substantial or significant portion of its sales or stock in trade devoted to books, magazines, periodicals, other printed matter, instruments, novelties, devices, paraphernalia, films, motion pictures, videos, digital materials, or other visual representations that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “Specified Sexual Activities” or “Specified Anatomical Areas.” This includes any establishment with a segment or section devoted to the sale or display of such materials, or an establishment that publicly claims itself as a purveyor of these materials based on its signage, advertising, displays, actual sales, presence of booths, or any other factors showing the establishment’s primary purpose is to purvey such material. Adult Theater: An establishment that, as a substantial or significant portion of its business, presents films, motion pictures, videos, digital materials, or other visual representations that are distinguished or characterized by an emphasis on matter depicting, describing, or relating to “Specified Sexual Activities” or “Specified Anatomical Areas.” Adult Use: “Adult Use” includes “Adult Cabarets,” “Adult Stores,” “Adult Theaters,” and other similar uses. Agricultural Use: The use of land for farming as a principal use of the land, including, but not limited to animal husbandry, dairying, pastu

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory means, when used as an adjective describing a specific type of land use [SR], structure [SR], or building [SR], that such land use, structure, or building shall be established and maintained only in conjunction with a principal use [SR] and operated and maintained under the same single ownership or unified control as the principal use.

Such accessory land use, structure, or building shall be located on the same zoning lot [SR] and within the same mapped zoning district as the principal use, except parking facilities [SR], specifically authorized to be located elsewhere.

Such accessory land use, structure, or building shall be established subsequent to or concurrently with the establishment of the principal use of the zoning lot.

No specific type of land use, structure, or building, modified with the term "accessory" whether so modified in the lists of permitted uses and conditional uses, or in an applicable supplementary regulation shall be subject to the provisions under the definition of the term "use, accessory."

Accessory building. See Building, accessory.

Accessory building coverage. See Building coverage, accessory.

Accessory building coverage ratio. See Building coverage ratio, accessory.

Accessory structure. See Structure, accessory.

Accessory use. See Use, accessory.

Adaptive reuse means the renovation of a structure no longer useful for the purpose for which it was designed or intended so as to permit its reuse.

Adult arcade means an establishment to which the public or its members are permitted or invited to: a)

View or participate in live performances characterized by the exposure of specified anatomical areas [SR] or by specified sexual activities [SR]; or b)

View still or moving images distinguished or characterized by the depicting or describing of specified anatomical areas [SR] or by specified sexual activities [SR], all through the use of coin-operated or electronically, electrically, or mechanically controlled devices to display the live performance or the images, to five (5) or fewer persons per machine at any one (1) time.

Adult book or adult video store means an establishment having as a substantial or significant portion of its stock-in-trade for sale, rent, lease, inspection or viewing, books, magazines and periodicals, films, motion pictures, video cassettes, slides, or other photographic reproductions, all of which are distinguished or characterized by their emphasis on material depicting, describing or relating to specified sexual activities [SR] or specified anatomical areas [SR], unless demonstrated that either:

A. Revenue from the sale, lease, inspection, viewing or rental of the matter depicting, describing or relating to specified sexual activities [SR] or specified anatomical areas [SR] comprises no more

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Authorized agent means a person, operator, firm, partnership, corporation, or other legal entity designated in writing by the property owner to the code official to manage a rental residential property, including the authority to receive notices or citations, schedule and/or attend inspections, is at least eighteen (18) years of age, and resides in and/or maintains an office in Kane County, Illinois, or otherwise located in the city or within ten (10) miles of the corporate limits of the city.

Bed and breakfast inn means a single-family dwelling or portion thereof where rooms without cooking facilities for the occupancy of temporary guests are provided at a daily rate of compensation for a maximum of seven (7) consecutive days, and where meals are provided for compensation in contradistinction to a hotel, a motel, or a roominghouse which are separately defined within this chapter.

Code official means the neighborhood services director or designee.

Department means the division of code compliance within the department of neighborhood services. Dwelling means a building, or portion thereof, used exclusively for human habitation.

Dwelling unit means one (1) or more rooms containing individualized cooking, sleeping and sanitary facilities which is designed, occupied or intended for use by one (1) household.

Family means:

A. One (1) or more persons each related to the other by blood or marriage, including adopted or foster children, plus domestic employees. The term "immediate family," for the purposes of this chapter, means spouse, mother, father, brother, sister, children, mother-in-law, father-in-law, grandparents, and grandchildren; or B. Persons participating in a lawfully established program for residential care, plus support staff.

Hotel means a building in which lodging with accompanying bathrooms is provided and offered to temporary guests for compensation and in which ingress and egress to all rooms is provided through an interior lobby or office supervised by a person in charge at all hours. Maid service, linen laundering, telephone and secretarial or desk service are also provided for lodgers in contradistinction to a motel, a roominghouse or a bed and breakfast inn which are separately defined within this chapter.

Motel means a building or group of buildings in which lodging rooms with accompanying bathrooms are provided and offered primarily to temporary guests for compensation in contradistinction to a hotel, a roominghouse or a bed and breakfast inn which are separately defined within this chapter. A motel also furnishes services such as maid service and linen laundering and provides secretarial and desk service.

Multiple-family rental residential property means rental residential property with two (2) or more dwelling units. Rental residen

(a) Short-term rentals (defined): An abode, dwelling unit or residence offered for rent for a period shorter than twenty-eight (28) consecutive days to any person other than a member of the owner's family. The term short-term rental shall not include hotels or motels, lodging establishments, group homes and bed and breakfast establishments.

(b) Licenses Required. No person shall conduct, keep, manage, or operate or cause to be conducted, kept, managed or operated a short-term rental without a short-term rental license. A twenty-five dollar ($25.00) license fee shall be obtained annually, said license shall not be transferable, and shall only be issued to the property owner of the rental. Such license is required to be renewed annually, subject to the same conditions as the original license. Copies of the license shall be posted, along with the rental's permitted occupancy permit number.

(c) No short-term rental operator may rent or lease the dwelling, either whole or in-part, more than once within any twenty-four (24) hour period.

(d) No short-term rental operator may advertise an hourly rate or rate based upon a period shorter than twenty-four (24) hours.

(e) No short-term rental operator may provide food or beverage service.

(f) A certificate of occupancy will be required at the time of first application. Every short-term rental shall be subject to inspection by the City's Fire and/or Building Departments for safety and building code compliance.

(g) Short-term rental operators shall keep a register of their guests, their arrival/departure dates, and make such register accessible to officers of the City of Elmhurst.

(h) Every short-term rental operator shall ensure the rental property and its tenants comply with federal, state and local ordinances and no rental operator shall knowingly permit or knowingly fail to prevent violation(s) thereof at a short-term rental property.

(i) Every short-term rental must provide proof of homeowner's or host-protection insurance in the amount of at least one million dollars ($1,000,000.00) to the City as part of its application. Insurance shall run concurrently with the term of the business license.

(j) During rental, no owner or tenant shall permit gatherings or occupancy at any short-term rental property that exceeds the maximum number of people in a dwelling unit as established by the City's Short-Term Rental Ordinance.

(k) Additionally, no owner shall permit the occupancy of any short-term rental unit to exceed the maximum number of persons in a dwelling unit as required by the City's most recently adopted ICC International Property Maintenance Code. Bedrooms are subject to all code requirements that apply to habitable rooms. Every bedroom shall contain not less than seventy (70) square feet and every bedroom occupied by more than one person shall contain not less than fifty (50) square feet of floor area for each occupant thereof. Short-term rental occupancy shall not exceed the maximum number of

The following definitions shall apply in the interpretation and enforcement of this Chapter:

(Ord. No. 68-0-92; Ord. No. 54-0-93; Ord. No. 8-O-12, (49-O-11(exh. C, § 10-9-1)), 1-23-2012; Ord. No. 99-O-12, § 2, 10-8-2012; Ord. No. 92-O-19, § 3, 10-28-2019)

For the purposes of this Ordinance, the following terms shall have the following meanings:

(Ord. 13-O-98)

A. Special Uses. The following uses are special uses and may not be developed without a special use permit. The list is not all inclusive and is only an example of the types of uses which require a special use permit. In interpreting the use designations, reference should be made to the Standard Industrial Classification Manual. SIC codes are given in parentheses following each use listing, when available.

1.   Adult Book Store, Adult Entertainment Cabaret, Adult Mini Motion Picture Theaters, and Adult Motion Picture Theater (but not within 500 feet of a dwelling unit located within the Village)

2.   Adult Day Care Services (832)

3.   Agricultural, Food and Industrial Research & Development Laboratories (7391)

4.   Amusement and Recreation Services (7999)

5.   Auto Supply and Parts Stores

6.   Automotive Repair Shops (753)

7.   Automotive Repair Shops not classified elsewhere (7539)

8.   Billiard Parlor (7999)

9.   Bingo Parlor (7999)

10.   Boat Dealers (555)

11.   Bowling Alley (7933)

12.   Business Associations (861)

13.   Car Washes (7542)

14.   Child Day Care Services (835)

15.   Commercial Testing and Laboratories (8734)

16.   Correspondence, Business, Secretarial and Vocational Schools (824)

17.   Drive-in Eating Places (5812)

18.   Fuel Dealers (598)

19.   Gasoline Service Stations, including food service (554)

20.   Heavy Construction Equipment Rental and Leasing (7353)

21.   Hotels and Motels (701)

22.   Job Training and Vocational Rehabilitation Services (833)

22.1   Laundromats, Including Self-Service Laundry and Drycleaning (7215)

22.2   Loan Institutions when the Predominant Business is Short-Term Loans, Typically on Paychecks, Post-Dated Checks and Vehicle Titles (6141)

23.   Lumber and Other Building Materials Dealers (521)

24.   Lumber and Other Construction Materials (503)

25.   Manufacturing (Division D)

26.   Massage Parlors (7299)

27.   Membership Sports and Recreation Clubs (7997)

28.   Motion Picture Theaters (7832)

29.   Nightclubs, Cabarets, Discotheques and Dance Clubs

30.   Nursery and Pre-Kindergarten Schools (8351)

31.   Nursing and Personal Care Facility (805)

32.   Outdoor Automatic Teller Machines when not on the same property as a financial institution

33.   Outdoor Live Entertainment

34.   Outdoor Seating Accessory To Permitted Eating Places

35.   Outdoor Uncontained Bulk Storage

36.   Pawn Shops (5932)

37.   Physical Fitness Facilities (7991)

38.   Planned Developments

38.1   Public and Private Elementary and High Schools

39.   Public Utility Yards and Facilities (49)

40.   Public Warehousing and Storage (422)

41.   Recycling Facility and any other use regulated by the Illinois Environmental Protection Agency but which does not require siting approval

42.   Research, Development and Testing Services (873)

43.   Residential Care Facility (8351)

44.   Scrap and Waste Materials (5093)

45.   Teen Dances and parties open to the public for charge

46.   Tire Retreadi

This article, prohibiting certain short-term housing rentals in the "A" Single Family Residential District and the "B" Multi-Family Residential District, is designed to prevent overcrowding, promote low density housing units occupied by permanent residents of the village, limit traffic on residential streets, establish tranquility where families can permanently reside, prevent public nuisances, and prevent conditions that would adversely effect the value of residential properties in the village.

(Ord. No. 8-2023 § 1, 6-21-23)

The following words, terms and phrases, as used in this article, shall have the following meanings ascribed to them unless the context clearly indicates a different meaning:

Applicable laws means any and all ordinances of the village governing the condition, maintenance, use, or occupancy of property and structures thereon.

Host means any person engaged in providing a short-term housing rental.

Hosting platform means a marketplace entity, in whatever form or format which facilitates short-term housing rentals through advertising, matchmaking or other means, using any medium or facilitation, or from which the operator of the hosting platform derives revenue, including booking fees or advertising revenues from providing or maintaining the marketplace information. Examples include Airbnb, VRBO, TripAdvisor, Flipkey, Expedia, HomeToGo and HomeAway.

Property shall mean any real property in the village located in the "A" Single Family Residential District and the "B" Multi-Family Residential District.

Rental includes any arrangement, such as licensing or contracting, whereby a person pays or receives consideration.

Short-term housing rental means the rental of a property, including a single-family home in its entirety, an individual room within a dwelling unit, an accessory structure, including swimming pool, or any portion of the inside or outside area of a property for a period of less than ninety (90) calendar days, whether or not a hosting platform is used.

Village means the Village of Evergreen Park.

(Ord. No. 8-2023 § 1, 6-21-23)

It shall be unlawful for any person to provide a short-term housing rental for any property.

(Ord. No. 8-2023 § 1, 6-21-23)

It shall be unlawful for any person to act as or operate a hosting platform for any property.

(Ord. No. 8-2023 § 1, 6-21-23)

It shall be unlawful for any person to enter into an agreement providing for a short-term housing rental.

(Ord. No. 8-2023 § 1, 6-21-23)

(A)   Short-Term Rentals are prohibited in the Village of Forest View.

(B)   The prohibition on short-term rental units shall not apply when the immediately preceding owner of a property maintains possession of the dwelling unit after closing on a real estate transaction for the sale thereof and leases said property back from the successor owner for a period of time pursuant to a written agreement. (Ord. 24-07, 6-25-2024)

For the purpose of this section 6-2-7 the following words and phrases shall have the meanings assigned to them:

CODE OFFICIAL: Director of community development, building inspector, code enforcement officer, code enforcement inspector, fire marshal, electrical inspector, plumbing inspector, any employees of a third party entity with which the village has a contract for code enforcement services, or such other persons designated by the village president or the director of community development.

DWELLING: A building or portion thereof, including hotels or motels, containing as principal uses one or more dwelling units, but excluding house trailers, and recreational vehicles.

DWELLING UNIT: Any room or suite of rooms with facilities for regular cooking, and occupied by a person or a family.

FAMILY: A group of persons, not necessarily related by blood or marriage, living together as a single housekeeping unit.

HABITABLE BUILDING: Any structure or part thereof that shall be used as a home or place of abode by one or more persons.

HABITABLE ROOM: Every room in any building in which persons sleep, eat or carry on their usual domestic or social vocations or avocations, but shall not include private laundries, bathrooms, toilet rooms, pantries, storerooms, corridors, room for mechanical equipment for service in the building or other similar spaces not used by persons frequently or during extended periods.

LEASE OR RENT: To permit possession and occupancy of a dwelling for consideration. The occupant(s) shall be defined as "lessee(s)" or "tenant(s)". The housing unit leased or rented shall be defined as a "rental dwelling".

OWNER: Any person, firm or corporation who alone, jointly or severally with others, shall own or have charge, care or control of, any dwelling unit within the village as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the titleholder; and all such other persons shall be bound to comply with the provisions of this section 6-2-7 to the same extent as the owner.

PROPERTY MAINTENANCE LAWS, ORDINANCES, AND REGULATIONS: The most current edition of the international property maintenance code as adopted by reference by the village board, along with such other codes and ordinances adopted by the village, including, but not limited to, building, electrical and plumbing regulations and life safety regulations such as smoke and fire detector regulations.

PROVIDED: Furnished, paid for or under the control of the owners.

PUBLIC HALL: A hall, corridor or passageway not within the exclusive control of one family.

RENTED PREMISES: All premises which are actually rented under verbal or written lease to one or more tenants, and also to the use of premises by one or more persons other than the owner or owners thereof, who may be permitted by such owner to occupy such premises rent free or without consideration being paid to the owner or owners for such use.

SHORT TERM HOUSING RENTAL: One or more dwel

A.   Additional Standards: Additional standards to be complied with by owners of short- term housing rentals:

1.   Owner must apply for and obtain a special use permit, as outlined in section 9- 1-6-10 of the Fox Lake Zoning Ordinance. The special use permit expires when the property is subsequently sold or there is a transfer of ownership of the short-term housing rental property.

2.   Acquire proof of insurance covering “rental” use and provide a certificate of insurance every year thereafter showing the insurance to be current and in force.

3.   Submit application to register with the Village including contact numbers for twenty-four (24) hour property owner/manager. Village must be informed immediately if there is a change of management company.

4.   Demonstrate notification of adjacent properties (neighbors) within three hundred feet (300') of any point of the property lines on the application for special use.

5.   Posting of rules and regulations to include property manager/owner contact as well as municipal police and fire department numbers.

6.   Parking regulations. During any lease of any short-term housing rental property:

a.   The owner must designate the number of vehicles allowed to be parked on the premises during any short-term housing rental and designate the on- site areas available for parking of vehicles. The areas for parking of vehicles must be improved with an impervious surface. Parking areas must include a space at least nine (9) feet by eighteen (18) feet for each vehicle allowed to be parked on the premises.

b.   The owner must notify all prospective short-term housing lessees in writing of the maximum number of vehicles permitted at the short-term housing rental property prior to making any agreement for any short-term housing rental.

c.   The owner must ensure that no vehicles associated with the short-term housing lessee will park off-site, including in adjacent rights-of-way, during the short-term housing rental lease.

7.   Demonstrated language in lease/contract that states no less than a two (2) night minimum stay.

8.   Copy of lease/contract used on file with Village (part of application) or when updated/changed.

9.   For short-term housing rentals, the Director of Community Development may recommend any variances to the standards or limitations on a case-by-case basis, and such variances shall only be effective if included in the ordinance approving the special use permit.

10. Maximum occupancy shall be as follows:

a.   Habitable space for sleeping purposes: A guest room of a minimum of seventy (70) square feet. Each guest room occupied by more than one person shall contain not less than fifty (50) square feet of floor area for each guest. Kitchens, bathrooms, hallways and closets are not considered habitable rooms for sleeping purposes.

b.   All habitable spaces for sleeping purposes must be in compliance with the current International Residential Building Code.

c.   Maximum guests per night sha

The following are definitions of terms used throughout this Ordinance.

Abut. To share a common wall or lot line without being separated by a street or alley.

Accessibility ramp. A ramp or similar structure that provides wheelchair or similar access to a structure. Accessory. In regards to the accessory, ancillary, or auxiliary use, building, structure, facility, or operation of a zoning lot. Subordinate to and requiring the prerequisite primary zoning.

Addition. Construction that increases the size of a structure in terms of building footprint, height, or floor area.

Adult use. An establishment where the principal portion of the business operates as an adult arcade, adult bookstore and/or adult video store, an adult entertainment cabaret, an adult motel/hotel, an adult motion picture theater, an adult card, gift, or novelty center, or any combination thereof. 1. Adult arcade. Any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas. 2. Adult bookstore and/or adult video store. A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, compact discs, digital video disks, slides, or other visual representations, which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas.

A business purpose shall be a principal business purpose if any one of the following applies:

a. A principal portion of the business's displayed merchandise consists of the enumerated items in item f below.

b. A principal portion of the wholesale value of the business's displayed merchandise consists of the enumerated items in item f below.

c. A principal portion of the retail value of the business's displayed merchandise consists of the enumerated items in item f below.

d. A principal portion of the business's revenues derive from the sale or rental, for any form of consideration, of the enumerated items in item f below.

e. A principal portion of the business's interior business space is used for the display, sale, or rental of the enumerated items in item f below.

f. The business regularly features the foregoing enumerated items, and prohibits access by minors, because of age, to the premises, and advertises itself as offering "adult" or "XXX" or "X-rated" or "erotic" or "sexual" or "pornographic" material on signage visible from a public right-of-way. 3. Adult card, gift, or no

A. Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this title;

B. Incidental and subordinate to and serves a principal use established on the same zoning lot;

C. Subordinate in area, floor area, intensity extent, and purpose to the principal building, structure or use; and

D. Not to be established on any lot prior to the establishment of the principal building, structure or use to which it is accessory.

A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations, which are characterized by their emphasis upon the exhibition or display of "specified sexual activities" or "specified anatomical areas;"

B. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of

When used in this code, the following terms have the meanings ascribed to them:

Abut means to physically touch or border upon; or to share a common property or lot line.

Access means a way or means of approach to provide physical entrance to a property.

Access control regulations means a document entitled, "Kane County Division of Transportation Access Control Regulations for County Designated Freeways and Design Standards for Access Driveways to County Highways and County Designated Freeways" by the Kane County Division of Transportation.

Accessory building or structure means a detached building or structure on the same lot with and of a nature customarily incidental and subordinate to the principal building or structure, the use of which is clearly incidental and subordinate to that of the primary or dominant use of the principal building or structure.

Accessory Use means a detached building or structure on the same lot with and of a nature customarily incidental and subordinate to the principal building or structure, the use of which is clearly incidental and subordinate to that of the primary or dominant use of the principal building or structure.

Addition means a structure added to the original building or structure at some time after the completion of the original.

Agriculture means the production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef, cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding or grazing of any or all of such animals; bees and apiary products; for animals; trees and forest products; fruits of all kinds, including grapes, nuts, and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program. Agriculture shall not include the commercial feeding of garbage or offal to swine or other animals, the commercial feeding of animals on open lot where no feed is raised on the premises, or the commercial feeding of fur bearing animals, poultry, or laboratory animals such as mice, rabbits, and rodents.

Agriculture building or structure means a building or structure, with the exception of dwelling units, existing or erected on land used principally for agricultural purposes.

Airport means any premises that are used or intended for use for the landing or take-off of aircraft, including any associated areas which are used or intended for use by buildings and structures incidental to aircraft services.

Alley means a strip of land along the side of or in the rear of lots intended to provide secondary access to and from roads and such lots, and shall not be designed for general travel.

Alteration means any change or rearrangement in the supporting members of an existing bu

A.

One Principal Building Per Lot. Unless otherwise permitted expressly pursuant to a planned unit development approval or an approved multi-family development in the R-4 district, not more than one principal detached residential building shall be located on a zoning lot; and no principal detached residential building shall be located on the same zoning lot with any other principal building.

B.

One Principal Use Per Lot. Unless otherwise permitted expressly pursuant to a special use permit or planned unit development approval, not more than one principal use shall be located on a zoning lot, and each principal use shall be located entirely on a single zoning lot.

C.

Short-Term Rental Prohibition. Short-term rentals, as defined in Section 13-13 of this code, are prohibited in all residential districts.

A. Purposes . The regulation of signs by this Code is intended to promote and protect the public health, safety, and welfare by reducing the depreciation of property values caused by signs that are incompatible with surrounding land uses; by creating a more attractive economic and business climate within the business districts of the Village ; by enhancing and protecting the physical appearance of all areas of the Village ; by protecting signs from obstruction by other signs ; and by reducing the distractions, obstructions, and hazards to pedestrian and auto traffic caused by the indiscriminate placement and use of signs ; and to be content-neutral.

B. Scope . The regulations of this Section shall govern and control the erection, enlargement, expansion , alteration , operation, maintenance, relocation, and removal of all signs within the Village visible from any street , sidewalk, or public or private common open space . Any sign not expressly permitted by these regulations shall be prohibited. The regulations of this Section relate to the location of signs , by function and type, within zoning districts and shall be in addition to provisions of the Building Code applicable to the construction and maintenance of signs . If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this code is declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of the code. Regulations concerning the use and termination of nonconforming signs appear in Section 6-105 of this Code.

C.   Certificate of Zoning Compliance Required. Except as expressly provided in this Section, no sign shall be erected, enlarged, expanded, altered, relocated, or maintained unless a certificate of zoning compliance shall have first been issued in accordance with the provisions of Section 7-301 of this Code .

1.    No certificate of zoning compliance shall be issued for any permanent sign in the R-D, B-1, or B-2 District unless appearance review approval is first obtained in accordance with Section 7-503 of this Code .

2.    No certificate of zoning compliance shall be required for the repair or maintenance of a sign, provided that such repair or maintenance does not alter the size, height , location, illumination, or appearance.

3. Any other permits required under any applicable federal, state, or local law, ordinance, or regulation shall be obtained prior to the erection, enlargement, alteration , or relocation of any such sign.

D. Classification of Signs

1. A-Frame Sign . A portable and temporary sign that is designed to be self-supporting by nature, not permanently attached to the ground, which is made of two boards that are hinged together on the top of the sign and separate at the bottom of the sign , forming a two-sided "A" shape, which may have a total of two sign faces.

2. Abandoned or Dilapidated Sign . A sign that has ceased to be in use by either the owner of the sign or t

Words or phrases as used in this article and not herein defined shall be defined as provided by the current edition of the international property maintenance code, international residential code, national electrical code, and the Illinois state plumbing code, as adopted and amended by the village.

ABANDONED VEHICLE: All motor vehicles or other vehicles in a state of disrepair which renders the vehicle incapable of being driven in its condition; or any motor vehicle or other vehicle that has not been moved or used for seven (7) consecutive days or more and is apparently deserted.

CODE OFFICIAL: The director of community development or his/her designee.

COMMON AREAS (EXTERIOR): The private roads and streets and private sidewalks adjacent thereto, landscaping, retaining walls, detention ponds, utility facilities, trash receptacles and enclosures, playground equipment, swimming pools, tennis courts, basketball courts or any other recreational facilities, trail areas, parking areas, private drives, detached garages, lighting fixtures, signage, mailboxes, street benches, entrance monuments, perimeter fencing and such other improvements or structures from time to time or at any time located or constructed on a common area.

COMMON AREAS (INTERIOR): Any portion or part thereof of a multiple-family dwelling having communal areas (laundry, furnace, storage rooms, hallways, stairways, meeting rooms) and all other areas located within a dwelling, outside of a dwelling unit. Interior common areas shall also include stoops, entrance doors, roofs, attics, balconies, lighting fixtures, signage, railings, patios, storage areas, garages, exterior building surfaces, gutters and downspouts and any area of a multiple-family dwelling or building to which the owner is directly responsible for the proper maintenance thereof. Nothing herein shall be construed to permit or authorize the entrance into or access to the interior of the individual units which are occupied.

DWELLING: A building that contains one or more dwelling units used, intended, or designed to be used, rented, or leased for living purposes.

DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

MANAGING AGENT: Any person or firm, acting for another, with authority to rent, manage and make expenditures.

MULTIPLE-FAMILY DWELLING: One or more residential buildings, designed and built as a group of individual dwelling units, which contain three (3) or more dwelling units per building and contain either or both interior and exterior common areas as defined in this section. Each building that is separated by another building by virtue of a firewall or fire separation assembly, and has its own address and individual, ground level, outside entrance shall be considered a separate building.

OCCUPANCY/OCCUPANT: Any natural person living and sleeping in a dwelling unit designat

When used in this code, the following terms shall have the meanings herein ascribed to them in this section:

ACCESSORY BUILDING: See definition of Building, Accessory.

ACCESSORY STRUCTURE: See definition of Structure, Accessory.

ACCESSORY USE: See definition of Use, Accessory.

ADULT BOOKSTORE: An establishment having ten percent (10%) or more of its stock in trade, books, magazines and other periodicals, photographs, films, motion pictures, computer software, audiotapes, videotapes, laser disks or other electronic or magnetic media which are distinguished or characterized by 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 such material.

ADULT ENTERTAINMENT CABARET: A public or private establishment which is licensed to serve food and/or alcoholic beverages on the premises, which features live entertainment distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", for observation by patrons therein including, but not limited to, topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.

ADULT ENTERTAINMENT THEATER: A public or private establishment which features live entertainment distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", for observation by patrons therein including, but not limited to, topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.

ADULT MINI-MOTION PICTURE THEATER: An enclosed building, with a capacity for less than fifty (50) persons, used for presenting motion picture films, slides, videocassettes, cable television, computer generated displays, or any other such visual media distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", for observation by patrons therein.

ADULT MOTION PICTURE THEATER: An enclosed building, with a capacity of fifty (50) or more persons, used for presenting motion picture films, slides, videocassettes, cable television, computer generated displays, or any other such visual media distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", for observation by patrons therein.

ADULT REGULATED USE: Any use of land, a building or structure which contains any one or more of the following:

A.   Adult bookstore.

B.   Adult entertainment cabaret.

C.   Adult entertainment theater.

D.   Adult mini-motion picture theaters.

E.   Adult motion picture theaters.

ADULT USE CANNABIS BUSINESS ESTABLISHMENT: Adult Use Craft Growers, Adult Use Cultivati

As used in this article, the following words and terms shall have the meanings ascribed to them in this section:

EXTENDED STAY GUEST: Any person or persons who occupies or has the right to occupy any room or rooms in a hotel or motel for thirty (30) consecutive days or more, including any time/days that said person may have been rented a room or rooms as a Hotel Guest.

HOTEL AND MOTEL: A building or buildings, containing assigned lodging rooms, that are designed primarily for the purpose of sleeping. These rooms may include bathing and cooking facilities, and each shall be accessible via a common entrance lobby, halls and stairways; and where each lodging room does not have a doorway opening directly to the outdoors except for emergencies and when applicable; and where more than ninety percent (90%) of the lodging rooms are for rent to hotel guests for a continuous period of less than thirty (30) days. The maximum rental term and/or length of stay within the hotel or motel building for an Extended Stay Guest shall not exceed ninety (90) days, which includes any amount of time that said guest may have stayed as a short-term Hotel Guest, and/or whether said guest stays in one room or moves to multiple rooms during the same period of time. An Extended Stay Guest may only enter into a subsequent lease as either a hotel or extended stay guest after they vacate the building for a period of no less than seven (7) days.

HOTEL GUEST: Any person or persons who occupies, or has the right to occupy, any room or rooms in a hotel or motel for less than thirty (30) consecutive days.

OWNER: Any person, persons, or entity having an ownership interest in or conducting the operation of a hotel or motel room or receiving the consideration for the rental of a hotel or motel room. (Ord. 96-73, 7-25-1996; amd. 2011 Code; Ord. 2024-06, 2-1-2024)

HOTEL AND MOTEL: A building or buildings, containing assigned lodging rooms, that are designed primarily for the purpose of sleeping. These rooms may include bathing and cooking facilities, and each shall be accessible via a common entrance lobby, halls and stairways; and where each lodging room does not have a doorway opening directly to the outdoors except for emergencies and when applicable; and where more than ninety percent (90%) of the lodging rooms are for rent to hotel guests for a continuous period of less than thirty (30) days. The maximum rental term and/or length of stay within the hotel or motel building for an Extended Stay Guest shall not exceed ninety (90) days, which includes any amount of time that said guest may have stayed as a short-term Hotel Guest, and/or whether said guest stays in one room or moves to multiple rooms during the same period of time. An Extended Stay Guest may only enter into a subsequent lease as either a hotel or extended stay guest after they vacate the building for a period of no less than seven (7) days. (Ord. 96-73, 7-25-1996; amd. Ord. 2024-08, 2-1-2024)

DWELLING UNIT: A space within a building as defined in Section 10-2-2 of the Village's Zoning Code, as amended. SHORT-TERM RENTAL: A dwelling unit or portion thereof as defined herein offered for rent for a period which does not exceed thirty (30) consecutive days. The term "short-term rental" shall not include hotels as defined in Section 3-40-2 of this Code.

SHORT-TERM RENTAL PROPERTY OWNER: The individual or entity which has title to the property which is the subject of a short-term rental.

(Ord. 7180, 4-14-2025)

(A) It shall be unlawful for any person or entity to operate, use, offer for rent or use, or advertise for rent or use, any property within the Village as a short-term rental except as set forth in subsection (B) below.

(B) Notwithstanding the provisions set forth in subsection (A) above, when a preceding owner of a property maintains possession of a dwelling unit after closing for the sale thereof and leases the property back from the successor owner for a period of time pursuant to a written agreement, such possession shall not be considered a short-term rental under this Chapter.

(Ord. 7180, 4-14-2025)

The operation of any short-term rental within the Village in violation of this chapter is a public nuisance and shall be abated pursuant to all remedies available to the Village, including but not limited to injunctive relief. In addition to the penalties provided herein, the Village shall be entitled to receive reimbursement for the Village's costs and expenses from a short-term rental owner, including reasonable attorney fees, incurred by the Village to abate a short-term rental operating as a public nuisance.

(Ord. 7180, 4-14-2025)

Any short-term rental owner or other person or entity who violates any of the provisions in this Chapter shall be subject to the following penalties:

(A) A fine of one thousand dollars ($1,000.00) for a first offense within a 12-month period, and a fine of two thousand five hundred dollars ($2,500.00) for a second or subsequent offense within a 12-month period.

(B) Each day that a violation of this Chapter continues shall be considered a separate and distinct offense and a fine shall be assessed for each day a provision of this Chapter is violated. Notwithstanding the foregoing, the fine for a second or subsequent offense as set forth in subsection (A) above shall not be imposed until there has been a prior adjudication of a violation against the same individual or entity.

(C) The Village may institute an action for injunctive relief or a mandamus action or may seek any other applicable relief to enforce this Chapter.

(Ord. 7180, 4-14-2025)

A notice of violation of any provisions of this Chapter may be served by any of the following methods:

(A) Personal service of process by handing the notice of violation to the respondent, or their employees or agents, by any authorized Village official, police officer, or code enforcement officer.

(B) Personal service of process as authorized by the Illinois Code of Civil Procedure, 735 ILCS 5/2-203, as amended.

(C) Mailing the notice by certified mail, return receipt requested to the respondent's last known address, or in the case of a business, to the address for the registered agent or the address for its principal place of business.

(D) Email transmission of the notice to the short-term rental owner's last known email address when the respondent is the short-term rental owner.

(E) Posting the notice upon the property where the violation is found when the respondent is the short-term rental owner.

(Ord. 7180, 4-14-2025)

(a) It shall be unlawful for any person or entity to operate, use, offer for rent or use, or advertise for rent or use, any property within the village as a short-term rental except as set forth in subsection (b) below.

(b) Notwithstanding the provisions set forth in subsection (a) above, when a preceding owner of a property maintains possession of a dwelling unit after closing for the sale thereof and leases the property back from the successor owner for a period of time pursuant to a written agreement, such possession shall not be considered a short-term rental under this chapter.

(Ord. No. 2025-09, § 2(Exh. A), 8-19-2025)

In addition to the other provisions of this article and Code, it is hereby declared a public nuisance and danger to the public safety, health, welfare, and morals of the village and its residents to permit any short-term rental within the village.

Therefore, the operation of any short-term rental within the village in violation of this chapter is a public nuisance and shall be abated pursuant to all remedies available to the village, including, but not limited to, injunctive relief. In addition to the penalties provided herein, the village shall be entitled to receive reimbursement for the village's costs and expenses from a short-term rental owner, including reasonable attorney fees, incurred by the village to abate a short-term rental operating as a public nuisance.

(Ord. No. 2025-09, § 2(Exh. A), 8-19-2025)

Any short-term rental owner or other person or entity who violates any of the provisions in this chapter shall be subject to the following penalties:

(a) A fine of $1,000.00 for a first offense within a 12-month period, and a fine of $2,500.00 for a second or subsequent offense within a 12-month period.

(b) Each day that a violation of this chapter continues shall be considered a separate and distinct offense, and a fine shall be assessed for each day a provision of this chapter is violated. Notwithstanding the foregoing, the fine for a second or subsequent offense as set forth in subsection (a) above shall not be imposed until there has been a prior adjudication of a violation against the same individual or entity.

(c) The village may institute an action for injunctive relief or a mandamus action or may seek any other applicable relief to enforce this chapter.

(Ord. No. 2025-09, § 2(Exh. A), 8-19-2025)

A notice of violation of any provisions of this chapter may be served by any of the following methods:

(a) Personal service of process by handing the notice of violation to the respondent, or their employees or agents, by any authorized village official, police officer, or code enforcement officer.

(b) Personal service of process as authorized by the Illinois Code of Civil Procedure, 735 ILCS 5/2-203, as amended.

(c) Mailing the notice by certified mail, return receipt requested to the respondent's last known address, or in the case of a business, to the address for the registered agent or the address for its principal place of business.

(d) Email transmission of the notice to the short-term rental owner's last known email address when the respondent is the short-term rental owner.

(e) Posting the notice upon the property where the violation is found when the respondent is the short-term rental owner.

(Ord. No. 2025-09, § 2(Exh. A), 8-19-2025)

For purposes of this Chapter, the following phrases shall have the definitions as set forth below:

A.   Except as otherwise provided herein, leasing, renting, offering or inviting the leasing or renting, or otherwise permitting the short term rental and/or occupancy of any dwelling and/or accessory structure located within the Village for less than twelve (12) consecutive months at a time shall be prohibited, with the exception of a hotel or similar establishment duly licensed by the Village, and such conduct shall be prohibited, whether engaged in or participated in by the owner(s) of the property, one or more agent(s) of the property owner(s), and/or by any person(s) leasing, or seeking to lease as a lessor(s), or renting or seeking to rent as lessee(s) and/or otherwise occupy a premises as tenant(s) and/or temporary occupant(s) thereof.

B.   The term of any lease or occupancy agreement which has satisfied the minimum term required by this section may be extended on a month-to-month basis on the condition that the tenant(s) remain(s) the same.

C.   Dwellings shall not be leased, or otherwise permitted to be occupied by other than the same tenant, more than two (2) times during any consecutive twelve (12) month period unless the rental agreement therefor has been terminated by reason of a tenant default.

D.   The restrictions of this chapter shall be applicable whether the rental premises comprise(s) all or part of the principal structure, or all or part of any accessory structure.

E.   Whether or not consideration is exchanged for the lease and/or rental premises shall not affect the fact that the occupancy thereof is treated as a short-term rental for the purposes of this chapter if the definition thereof is otherwise appliable to such activity.

F.   The property owner shall remain responsible for compliance with all applicable provisions of this code and/or the Village zoning ordinance during the term of any rental and/or occupancy agreement and/or during the term of any occupancy of the rental premises by persons other than the property owner.

G.   No temporary structure shall be permitted to be used for a short-term rental.

H.   The prohibition on short term rentals as herein provided shall not apply when the immediately preceding owner of a property maintains possession of the dwelling unit after closing on a real estate transaction for the sale thereof and leases said property back from the successor owner for a period of time pursuant to written agreement.

I.   Each day a principal structure or any accessory structure in the Village is offered for rent as a short-term rental, is leased or rented as a short-term rental, and/or each day a principal structure or any accessory structure is occupied as a "short term rental", as that term is defined herein, shall constitute a separate violation of this chapter. (Ord. 2021-O-11, 7-28-2021)

Notwithstanding anything otherwise provided in this code to the contrary, any person found guilty of violating any provision of this chapter shall be subject to a mandatory fine of not less than one hundred dollars ($100.00) per day, nor more than seven hundred fifty dollars ($750.00) per day. Each day a principal structure or any accessory structure is offered for rent as a short-term rental, is leased or rented as a short-term rental, and/or each day a principal structure or any accessory structure is occupied as a short-term rental shall constitute a separate violation of this Chapter. Without limitation on the foregoing, each day a violation of this chapter occurs or continues shall be a sperate offense, and each such offense shall be subject to not less than the minimum mandatory daily fine. (Ord. 2021-O-11, 7-28-2021)

(a) Unless otherwise expressly stated, the following terms shall have the meaning hereafter described:

Agent means a person authorized to act for and under the direction of another person when dealing with third parties.

Code official means the official who is charged with the administration and enforcement of this chapter, or any duly authorized representative.

Crime free housing seminar means a seminar sponsored by the Hanover Park Police Department to provide information to landlords and their designated agents regarding the landlord-tenant requirements under the Village Code, including the crime-free housing lease provision.

Multiple-unit building means rental residential property with more than two rental residential dwelling units, which are not single-unit dwellings, in a building with all units in that building owned by the same owner.

Property agent means a person, operator, firm, partnership, corporation, or other legal entity designated in writing by the property owner to the code official to manage a rental residential property, including the authority to receive notices or citations.

Rental residential dwelling unit means a residential dwelling unit let or intended to be let for rent or lease. It does not include an owner-occupied dwelling unit.

Rental residential property means the lot and rental residential dwelling unit or units on that lot. Short-term rental means the use and/or occupancy for a period of 30 or less days of a principal single-family residence, multiple family dwelling unit, single-family detached dwelling, townhome, cluster house, or a unit in a two-family dwelling together with any accessory or any portion of the foregoing, pursuant to a written or oral agreement which permits and/or provides for occupancy by any person other than the owner thereof, or an immediate family member of the owner thereof, and whether or not the permission of such occupancy is in exchange for consideration therefore or not. Except as otherwise provided herein, leasing, renting, offering or inviting the leasing or renting, or otherwise permitting the short-term rental as defined above located within the village for 30 days or less at a time shall be prohibited, with the exception of a hotel or similar establishment duly licensed by the village, and such conduct shall be prohibited, whether engaged in or participated in by the owner(s) of the property, one or more agent(s) of the property owner(s), and/or by any person(s) leasing, or seeking to lease as a lessor(s), or renting or seeking to rent as lessee(s) and/or otherwise occupy a premises as tenant(s) and/or temporary occupant(s) thereof.

Single-unit dwelling means rental residential property with only a single-family attached or detached rental residential dwelling unit as defined in the Comprehensive Zoning Ordinance of the Village.

Tenant means an occupant of a rental residential dwelling unit.

Owner means any person, agent, operator, firm, or corporation having a legal

Abut. To share a common wall or lot line without being separated by a street or alley.

Accessibility Ramp. A ramp or similar structure that provides wheelchair or similar access to a structure. Accessory Structure. A detached structure located on the same lot as the principal building that is incidental to the use of the principal building.

Accessory Use. A use of land or a structure, or portion thereof, customarily incidental and subordinate to the principal use of the land or structure. An accessory use is prohibited without the principal use to which it is related.

Addition. Construction that increases the size of a structure in terms of building footprint, height, or floor area.

Agricultural Equipment and Supply Sales. A business primarily engaged in the sale or rental of farm tools, machinery and implements, tack, animal care products and farm supplies, and includes farm machinery repair services. Sale of feed, grain and seed are also allowed.

Agriculture. Land and associated structures used to grow crops and/or raise livestock for sale, commercial use, personal food production, donation, and/or educational purposes. The agriculture use includes single-family dwellings and any accessory dwellings that are ancillary to the principal activity of agriculture.

Agriculture, Specialty. Small-scale agriculture devoted the growing of unique or special agricultural products. This use can include exhibiting agricultural products or techniques to tourists, as well as limited sales of agricultural products.

Agritourism. Establishment of activities on an existing agricultural operation for the purpose of enjoyment, education or active involvement in the activities of the agricultural operation. Agritourism activities may include, but are not limited to, animal shows, petting zoos featuring farm animals and other domestic animals, U-pick operations, community supported agriculture operations, corn mazes, cider mills, pumpkin patches, picnic areas, hay rides, tractor rides, haunted houses, live entertainment, and community supported agricultural operations.

Alley. A public right-of-way that normally affords a secondary means of access to abutting property.

Amateur (HAM) Radio Equipment. An amateur (HAM) radio station licensed by the Federal Communications Commission (FCC), including equipment such as, but not limited to, a tower or building-mounted structure supporting a radiating antenna platform and other equipment.

Amusement Facility - Indoor. A facility for spectator and participatory uses conducted within an enclosed building, such as movie theaters, gymnasiums (excluding those within public parks), sports arenas, bowling alleys, tumbling centers, skating centers, roller rinks, and pool halls. An indoor amusement facility may include ancillary uses such as, but not limited to, concession stands, restaurants, and retail sales.

Amusement Facility - Outdoor. A facility for spectator and participatory uses conducted outdoors or within partially

For the purpose of this chapter, the following terms and phrases shall have the meanings hereinafter set forth: "Default" shall mean that the mortgagor has not complied with the terms of the mortgage on the property, or the promissory note, or other evidence of the debt, referred to in the mortgage. "Empty building" means any residential, commercial or industrial building or structure which may or may not contain interior furnishings, which has been abandoned, vacated or left in an unattended condition. "Enforcement officer" shall mean any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector, building inspector, or other person authorized by the city of Harvey to enforce the applicable code(s). "Evidence of vacancy" shall mean any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to: overgrown and/or dead vegetation; past due utility notices and/or disconnected utilities; accumulation of trash, junk or debris; abandoned vehicles, auto parts and/or materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail; statements by neighbors, passersby, delivery agents or government agents; and/or the presence of boards over doors, windows or other openings in violation of applicable code. "Foreclosure" or "foreclosure action" shall mean the legal process by which a mortgagee, or other lien holder, terminates or attempts to terminate a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. The legal process is not concluded until the property obtained by the mortgagee, lien holder, or their designee, by certificate of title, or any other means, is sold to a nonrelated bona fide purchaser in an arm's length transaction to satisfy the debt or lien. "Landlord" shall mean one (1) or more persons or entities, jointly or severally, including a mortgage holder in possession of real property, in whom is vested all or part of the legal title to the premises or all or part of the beneficial ownership and a right to the present use and enjoyment of the premises, who rents, leases, or lets for consideration any rental property. "Long-term rental property" shall mean rental property which the owner and/or landlord rents or leases for a term of one hundred eighty-one (181) days or longer. "Mortgagee" shall mean the creditor, including but not limited to trustees; mortgage servicing companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement; or any other pe

A. Rules. 1. Words used in the present tense shall include the future tense, and the future the present. 2. The singular number shall include the plural number and the plural number the singular number. 3. The word "building" shall include the word "structure." 4. The word "shall" is mandatory and not directory. 5. The word "may" is permissive. 6. The provisions under each caption heading in this comprehensive amendment shall be construed and limited in a manner consistent with the applicable captions or headings and subheadings. 7. Any words not defined as follows shall be construed in their generally accepted meaning as defined in the most recent publication of Webster's New World Dictionary, College Edition.

B. Definitions. For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning. "Abuts" or "abutting" means to have a common property line or district line. "Accessory building" means a subordinate building or a portion of a principal building, the use of which is incidental and customary to that of the principal building. An accessory building shall comply in all respects with the requirements of this title applicable to the principal building.

Accessory use. See "Use, accessory." "Adjacent" means lying near or close to; in the vicinity of. "Adjoining" means touching or contiguous, as distinguished from lying near. "Airport" means any area of land which is used or intended for the landing and take-off of aircraft, together with all structures located thereon. "Alley" means a right-of-way which affords a secondary means of vehicular access to abutting properties. "Alteration" means a change in site, shape, character or use of a building or structure. "Alternative nicotine product" means any product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means.

The term "alternative nicotine product" excludes any product approved by the United States Food and Drug Administration as a non-tobacco product for sale as a tobacco use cessation product or for other medical purposes, and is being marketed and sold solely for that approved purpose. "Animal hospital" means a building or portion thereof designed or used for the care, observation or treatment of domestic animals. "Automobile" means a motor vehicle designed for conveyance of persons. "Automobile laundry" means a business establishment containing facilities for simultaneously washing more than two (2) motor vehicles, using production-line methods. "Automobile service station" means a building or portion thereof, or lot used for offering for sale at retail to the public, fuels, oils and accessories for motor vehicles and repair service, where no storage or parking space is offered for rent, and where no motor vehicles, trailers or boats are offered for sale or re

Table 17.12.030.1: Residential Districts Permitted and Special Uses lists permitted and special uses for the residential districts. A "P" indicates that a use is considered permitted within a given district. An "S" indicates that a use is considered a special use within a given district and a special use permit must be obtained as required in Section 17.56.210 (Special use permits). No letter (i.e., a blank space), or the absence of the use from the table, indicates that use is not permitted within a given district.

TABLE 17.12.030.1—RESIDENTIAL DISTRICTS PERMITTED AND SPECIAL USES Zoning District

Footnotes: 1 The terms in this column ("Use") are defined in Section 17.04.050 (Rules—Definitions). 2 Subject to Section 17.52.120. 3 Permitted on a lot not less than five acres in area, and provided no building or structure shall be located less than one hundred (100) feet from a lot line. 4 Temporary buildings permitted not to exceed construction period. 5 Permitted on lots having areas, widths, yards, and other conditions as approved by the village board. 6 Residential dwelling units are prohibited from being used for the commercial purpose of providing short-term residential rentals. It shall be unlawful for any person or entity to operate, use, offer for rent or use, or advertise for rent or use, any property with the village as a short-term residential rental. Violations of this section are declared to be a public nuisance and are subject to fines as established in the fine schedule appended to this code as Appendix 2 and may be abated pursuant to all available remedies, including but not limited to injunctive relief.

(Ord. No. 22-07, § 4, 6-9-22; Ord. No. 23-01, § 3, 2-9-23; Ord. No. 24-09, § 3, 10-24-24)

The purpose of this Chapter is to protect and preserve the quiet enjoyment of residential properties and neighborhoods within the Village and to mitigate and/or eliminate adverse secondary effects the Village and its residents may experience by reason of short-term rental(s) of certain residential structure(s) in the Village. (Ord. 2021-20, 4-27-2020)

For purposes of this Chapter, the following phrases shall have the definitions as set forth below:

A.   Except as otherwise provided herein, leasing, renting, offering or inviting the leasing or renting, or otherwise permitting the short-term rental and/or occupancy of any dwelling and/or accessory structure located within the village for less than three (3) consecutive months at a time shall be prohibited, with the exception of a hotel or similar establishment duly licensed by the Village, and such conduct shall be prohibited, whether engaged in or participated in by the owner(s) of the property, one or more agent(s) of the property owner(s), and/or by any person(s) leasing, or seeking to lease as a lessor(s), or renting or seeking to rent as lessee(s) and/or otherwise occupy a premises as tenant(s) and/or temporary occupant(s) thereof.

B.   The term of any lease or occupancy agreement that has satisfied the minimum term required by this section may be extended on a month-to-month basis on the condition that the tenant(s) remain(s) the same.

C.   The restrictions of this Chapter shall be applicable whether the rental premises comprise(s) all or a part of the principal structure, or all or part of any accessory structure.

D.   Whether or not consideration is exchanged for the lease and/or rental of a premise shall not affect the fact that the occupancy thereof is treated as a short-term rental for the purposes of this Chapter if the definition thereof is otherwise applicable to such activity.

E.   The property owner shall remain responsible for compliance with all applicable provisions of this code and/or the Village Zoning Ordinance during the term of any rental and/or occupancy agreement and/or during the term of any occupancy of the rental premises by persons other than the property owner.

F.   No temporary structure shall be permitted to be used for a short-term rental.

G.   The prohibition on short-term rentals as herein provided shall not apply when the immediately preceding owner of a property maintains possession of the dwelling unit after closing on a real estate transaction for the sale thereof and leases said property back from the successor owner for a period of time pursuant to a written agreement.

H.   Each day a principal structure or any accessory structure in the Village is offered for rent as a short-term rental, is leased or rented as a short-term rental, and/or each day a principal structure or any accessory structure is occupied as a " short-term rental", as that term is defined herein, shall constitute a separate violation of this Chapter. (Ord. 2021-20, 4-27-2020)

Notwithstanding anything otherwise provided in this code to the contrary, any person found guilty of violating any provision of this Chapter shall be subject to penalty as provided in Title 1, Chapter 4 of this code for each offense, and a separate offense shall be deemed committed on each and every day during or on which a violation occurs or continues. Specifically, each day a principal structure or any accessory structure is offered for rent as a short-term rental, is leased or rented as a short-term rental, and/or each day a principal structure or any accessory structure is occupied as a short-term rental shall constitute a separate violation of this Chapter. The fines described above shall apply separately to both the rental occupant and the property owner. The fines identified in this section do not preclude the Village from seeking any other and additional relief, including adjunctive relief. (Ord. 2021-20, 4-27-2020)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Person means, for purposes of section 6-72 through 6-78, any individual, firm, corporation, limited liability company, or any other entity. Short-term rental means a single-family dwelling, or a residential dwelling unit in a multi-unit structure, condominium, cooperative, timeshare or similar joint property ownership arrangement that is rented for a fee for less than thirty (30) consecutive days. "Short-term rental" includes vacation rentals. "Short-term rental" does not include:

(1) A dwelling that is used for any non-residential purpose, including educational, health care, retail, restaurant, banquet space, event center or other similar uses;

(2) A bed and breakfast establishment as defined in Section 2 of the Bed and Breakfast Act; or

(3) Transient accommodations, including hotels and motels that are not classified as residential property for real property taxation purposes.

(Ord. No. 03-2024, § 1, 5-14-24)

(a) No person shall engage in the business of short-term rental without an annual license issued by the Village of Hazel Crest.

(b) No license shall be required when the immediately preceding owner of a property maintains possession of the dwelling unit after closing on a real estate transaction for the sale thereof and leases said property back from the successor owner for a period of time pursuant to a written agreement.

(c) Each licensee shall be limited to operating one (1) short-term rental.

(Ord. No. 03-2024, § 1, 5-14-24)

The annual short-term rental license shall be:

(a) One hundred dollars ($100.00) per year for village residents.

(b) Two hundred fifty dollars ($250.00) per year for persons whose principal place of residence is not the Village of Hazel Crest.

(Ord. No. 03-2024, § 1, 5-14-24)

(a) The licensee shall maintain a register of every guest, including that guest's arrival date and departure date.

(b) The licensee shall provide the village with the name, e-mail, and phone number of licensee's authorized agent.

(c) The licensee shall maintain homeowner's insurance in an amount equal to at least two hundred fifty thousand dollars ($250,000.00) and shall provide the village with proof of such insurance.

(d) The licensee shall post inside the front entrance of any such unit, the owner's name, a 24-hour telephone number, the maximum occupancy limits of the dwelling unit for short-term rental purposes and notice that parties and other large gatherings are prohibited at the property.

(Ord. No. 03-2024, § 1, 5-14-24)

All applicable provisions of section 6-69 of the Hazel Crest Village Code, "Licensing of rental dwelling units," shall apply to short-term rental licensees.

(Ord. No. 03-2024, § 1, 5-14-24)

(a) Any owner, tenant or other person who shall be found to have violated any of the provisions of this division shall be guilty of an offense punishable as follows:

(1) The fine for a first violation is two hundred dollars ($200.00).

(2) The fine for a second violation is five hundred dollars ($500.00).

(3) The fine for a third or subsequent violation is seven hundred fifty dollars ($750.00).

(b) Each day a provision is found to have been violated constitutes a separate violation.

(c) Any fines shall be debts due and owing to the village that the village may collect by means allowed by law, including, but not limited to, filing a lien against the short-term rental or premises containing short-term rental.

(Ord. No. 03-2024, § 1, 5-14-24)

Village manager may revoke or suspend a license issued pursuant to the terms of the division for any of the following reasons:

(a) If the owner of the relevant short-term rental or his/her agent violates any if the terms of this division.

(b) If the owner of the short-term rental or his/her agent is deemed to have maintained a nuisance premises therein, in violation of the Village of Hazel Crest Code.

(c) If the village manager has reasons to believe that immediate suspension of the license is necessary to prevent the threat of immediate harm to the village of the neighborhood, the village manager may upon the issuance of a written order stating the reason for such conclusion and without notice of hearing, order license suspended for not more than ten (10) days. The owner of the short-term rental must attend the court hearing and fifteen (15) days after the closing of the hearing, the village manager shall issue a written decision that shall constitute a final determination.

(d) A licensee whose license has been revoked shall not be eligible to reapply for a new license for one (1) year.

(Ord. No. 03-2024, § 1, 5-14-24)

Whenever in this Chapter the following words and phrases are used, they shall, for the purposes of this Chapter, have the meanings respectively ascribed to them in this Section, except when the context otherwise clearly indicates. Whenever in this Chapter other words are used, those other words shall have the meanings normally ascribed to them.

Abandonment: The voluntary discontinuance of a non-conforming use or the occupancy of a non-conforming structure, when accompanied by an intent not to re-establish such use or occupancy.

Any one of the following shall constitute prima facie evidence of intent to abandon: 1. Any positive act indicating such intent; or 2. Any conscious failure to take all necessary steps to resume the non-conforming use or occupancy with reasonable dispatch in the circumstances, including advertising of the property for sale or for lease; or 3. In the case of a structure or structure and land in combination, discontinuance of the occupancy or non-conforming use for twelve (12) consecutive months; or 4. In the case of land only, discontinuance of the occupancy or non-conforming use for ninety (90) consecutive days, or for a total of six (6) months during any one (1) year period; or 5. In the case of a non-conforming structure which is damaged by means out of control of the owner to an extent of less than fifty percent (50%) of the estimated cost of reconstruction of the entire structure new, failure to commence restoration within six (6) months from the date of partial destruction, or conclude restoration within two (2) years from the time restoration construction is initiated. 6. With respect to a WES, the failure to repair the WES to operable condition for a period exceeding 12 consecutive months.

Access: A way or means of approach to provide physical entrance to a property or capability for physical entrance to a property.

Accessory Building or Accessory Structure: A subordinate detached building or structure located on the same lot as a principal building, the use of which subordinate building or structure is incidental to that of the principal building or to the principal use of the lot.

Accessory Use: A use, which is ancillary or incidental to the principal use of the premises. Adequate Downstream Stormwater Capacity: A stormwater management facility shall be considered to have adequate downstream stormwater capacity if the facility can be shown to store or convey up to and including the 100-year stormwater runoff without increasing damage to the adjoining properties or to a point downstream known to the Enforcement Officer to be a restriction causing significant backwater.

Addition: Any structural alteration that increases the floor area ratio of a building.

Adjacent: To touch, to abut, to lie immediately next to, and/or to share a common wall or lot line.

Adult Book or Adult Video Store: An establishment having as a substantial or significant portion of its sales and/or stock in trade, books, magazines, films

No property may be used as a short-term rental except in compliance with the following requirements, limitations, and restrictions:

(A) Registration. No property may be used for a short-term rental prior to registration as a rental property pursuant to Chapter 154 of this Code.

(B) Notice Required. Within 30 days after registration as a rental property pursuant to Chapter 154 of this Code, and prior to the first rental of a short-term rental in any calendar year, the owner must deliver written notice to the owners of all real properties contiguous to the short-term rental property, and the three nearest properties located across each right-of-way that abuts the short-term rental property, of its intent to use the property as a short-term rental. The written notice must include the rental registration number of the property, as provided by the City pursuant to Chapter 154 of this Code, and contact information for the owner of the short-term rental property.

(C) Use Limitations.

(1) No property may be used for a short-term rental as its principal use.

(2) The short-term rental property must be occupied by the property owner, or a tenant with a written lease for the property, as their primary residence for at least 30 consecutive days in each calendar year in which the property is used as a short-term rental.

(3) No short-term rental may be occupied by more than 12 people at any time.

(4) No short-term rental may be rented for less than two consecutive 24-hour periods.

(5) No short-term rental may be rented for more than 45 days in any calendar year.

(6) Accessory or secondary dwelling units on a lot may not be used as short-term rentals.

(7) All vehicles used by occupiers or guests of the short-term rental must be parked overnight on improved surfaces on the property, and may not be parked on any street or right-of-way.

(8) All garbage and refuse must be stored inside, and may not be placed outdoors on the property, except on the designated day for garbage and refuse collection.

(D) Advertising and Signage.

(1) Notwithstanding any provision of Article XX of this Chapter 150 to the contrary, no sign advertising or otherwise promoting a short-term rental may be installed or erected.

(2) All online advertisements regarding short-term rentals, including listings on short-term rental platforms, must:

(a) List a valid short-term rental registration number issued by the City; and

(b) Only advertise a short-term rental that complies with all of the short-term rental regulations and restrictions set forth in this Section 150.430.

(E) Penalty. Any person who violates any of the provisions of this Section 150.430 will be fined in the amount set forth in the Annual Fee Resolution. Each day that a violation is permitted to exist constitutes a separate offense.

(Ord. O73-2020, § 3, passed 11/9/20)

For purposes of this Chapter, the following words or phrases have the meanings ascribed to them in this Section 154.001, except when the context otherwise indicates.

Dwelling unit: "Dwelling unit" has the meaning set forth in Section 150.202 of Chapter 150 of this Code. Family: "Family" has the meaning set forth in Section 150.202 of Chapter 150 of this Code. Multiple family residential structure: "Multiple family residential structure" has the meaning set forth in Section 150.202 of Chapter 150 of this Code. Owner: Any person, firm, or corporation in whom is vested all or any part of the legal title to, or a beneficial interest in, real property.

Property agent: A person, firm, or corporation designated by the owner of a regulated rental dwelling to manage the regulated rental dwelling on a day-to-day basis, and that is empowered to perform maintenance and repairs to such dwelling as necessary for compliance with this Code and applicable law. An owner may designate itself as property agent.

Regulated Rental Dwelling: A dwelling unit that is: (1) located either within a single family residential structure, or within a multiple family residential structure and having a unique method of ingress and egress between the dwelling unit and an adjacent right-of-way or parking area; and (2) leased to, or occupied by, any person other than an owner thereof, regardless of the length of the lease period. Affordable housing units owned by the Highland Park Housing Commission, or any wholly-controlled subsidiary thereof, are not to be deemed or considered to be "regulated rental dwellings" for purposes of this Chapter 154.

Short-Term Rental has the meaning set forth in Section 150.202 of Chapter 150 of this Code. Single family residential structure: "Single family residential structure" has the meaning set forth in Section 150.202 of Chapter 150 of this Code.

(Ord. 98-2016, § 2, passed 12-12-16; Ord. 110-2017, § 2, passed 11-27-17; Ord. O73-2020, § 4, passed 11/9/20)

(A) Registration required. All regulated rental dwellings must be registered pursuant to this Chapter.

(B) Registration form and procedure. On or before April 1 of each calendar year, and in all cases prior to the rental of the dwelling unit, the owners of a regulated rental dwelling must register the regulated rental dwelling with the Department of Community Development on a form provided by the Department. On or before March 1 of each calendar year, the Director of Community Development must send the registration form to all prior registrants under this Chapter.

All regulated rental dwelling registration forms must include, without limitation, the following information:

(1) The name, business and address, and business telephone number, and if available, the facsimile number and e-mail address, of each and every owner of the regulated rental dwelling;

(2) The street address and, if applicable, the unit number of the regulated rental dwelling;

(3) The name, business address, business telephone number, 24-hour accessible telephone number, and, if available, the facsimile number and e-mail address, of one or more designated property agents for the regulated rental dwelling;

(4) For property used as short-term rentals, the following additional information:

(a) Evidence that the property complies with the applicable provisions of Section 150.430 of this Code;

(b) An affirmation that the owner has read and understands the restrictions contained in this Chapter 154 and in Section 150.430 of this Code; and

(c) An affirmation that copies or summaries of the applicable nuisance, solid waste and recycling, parking, and short-term rental regulations are provided to each short-term rental lessee; and

(5) Payment of a registration fee for each regulated rental dwelling unit, in the amount set forth in the Annual Fee Resolution.

(C) Amendments. Upon the occurrence of any substantial change or addition to the information required pursuant to Section 154.005(B) of this Chapter, the owners must file an amended registration form with the Department of Community Development within 14 days after the occurrence of such change or addition.

(Ord. 110-2017, § 3, passed 11-27-17; Ord. O73-2020, § 5, passed 11/9/20)

Balcony means a platform, which projects from the exterior wall of a building above the ground floor, exposed to the open air and has direct access to the interior of the building, which is not supported by posts or columns extending to the ground.

Bar means and includes business establishments engaged primarily in the retail sale or distribution of alcoholic beverages to public patrons for consumption on the establishment's premises, and that includes beer bars, parlors, lounges, cabarets and nightclubs.

The term may also include accessory sale of prepared food.

Basement means a portion of a building located partly underground but having greater than four feet of its clear floor-to-ceiling height above the average grade of the adjoining ground.

Basketball equipment means a permanently installed pole-mounted backboard and hoop.

Bay window means a window which projects outward from the building, beginning at least two feet above ground that does not rest on the building foundation or on the ground.

Bed and breakfast means an owner-occupied single-family detached dwelling where short-term lodging and meals are provided for compensation.

Boarder means a person who rents lodging within part of a dwelling occupied by the person to whom the payments are made, with a rental period of one month or longer.

Body piercing means the perforation of any human body part other than ear lobe for the purpose of inserting jewelry or other decoration of for some other nonmedical purpose.

Buildable area means the area of the lot enclosed within the front, side and rear yard required setbacks.

Building means any structure with walls and roof and securely affixed to the land and having a permanent foundation, designed or intended for shelter or enclosure of persons, animals, chattels, or movable property.

Building coverage means the percentage of the lot occupied by principal and accessory buildings. Building height means the vertical distance from grade to the highest point of the roof of the building or the highest point of the structure. Building height shall not include mechanical equipment and screening, elevator override or stair access, and any amenity space with a gross area of less than 25 percent of the total floor plate.

Building material, machinery, and equipment sales or storage means a facility primarily oriented to the receiving, holding, shipping, and/or sale of building material, machinery, and equipment for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities.

Bulk means a composite characteristic of a given building and located upon a given lot involving the following:

(1) Size and height of building.

(2) Location of exterior walls at all levels in relation to lot lines, s

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The term "lot" shall include the term "plot"; and the term "shall" is mandatory and not directory; and the terms "zone," "district," and "zoning district" may be used interchangeably.

Abuts means having a common property line or district line.

Accessory building and structure means a subordinate building, the use of which is incidental to that of the principal building, and which is located on the same lot as the principal building. Where a substantial part of the wall of an accessory building is part of the wall of the main building or where an accessory building is attached to the main building in a substantial manner as by a roof, such accessory building shall be counted as part of the main building and shall conform to all regulations applicable thereto. A wood deck or platform, open to the sky, even when attached to the main building is defined as an accessory structure.

Accessory use means a use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary, incidental and subordinate to the conduct of the principal use when permitted by district regulations.

Addition or expansion means any of the following:

(A) Any increase in the floor area of a building;

(B) A modification to the roof line of a building, such as by the construction of dormer, so as to increase the amount of existing floor space which may be devoted to human use or occupancy;

(C) The demolition and reconstruction of a building or structure, or part thereof, which is not accompanied by a change in the use of the lot;

(D) The construction or expansion of an off-street parking area beyond the number of spaces required under this chapter, but not any expansion or construction up to the required number of parking spaces; or

(E) The intensification of use of a property as indicated by an increase in traffic generation or an expansion in the hours of operation. For special uses, addition or expansion shall be determined by reference to the date the special use was approved by the Village or the date of the ordinance from which this chapter is derived or amendment thereto which first reclassified an existing use as a special use.

Adjacent means to lie near or close to; in the neighborhood or vicinity of.

Agent means a person authorized to act for another person.

Agriculture means the tilling of the soil, the growing of crops or plant growth of any kind, including forestry; the maintenance of nonretail greenhouses and nurseries; the raising of livestock, poultry and customary farm animals for the purpose of farming, provided that such activity is incidental to and subordinate to the tilling of the soil; and incidental structures for carrying out the above.

Alley means a public or private right-of-way not constituting a street us

The following general requirements shall apply to bed and breakfast establishments:

(A) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Bed and breakfast establishment means an owner-occupied single-family or two-family dwelling where short-term lodging and morning meals are provided for compensation.

(B) Location. The bed and breakfast establishments shall be located within and accessory to an owner occupied single-family (RE-1, RE-2, R-1, R-2) or duplex, two-family (R-3) residential structure and the adaptive re-use district (B-4).

(C) Maximum bedrooms allowed. Subject to the special use provisions in each zoning district, up to a maximum of five bedrooms may be provided for registered guests. No additional bedrooms as living quarters for roomers, permanent guests, or other boarders shall be permitted in conjunction with the operation of a bed and breakfast establishment.

(D) Maximum stay. The maximum stay by any one guest shall be four consecutive weeks.

(E) Cooking limitations. Morning meals shall be the only meals provided for registered guests only. No cooking facilities shall be permitted in guest rooms.

(F) Room locations. Rooms used for guests shall be part of the primary residential structure and shall not have been specifically constructed for rental purposes.

(G) Guest parking. Guest parking may be provided on a hard surface on-site and at no time shall guest parking be permitted in any front or side yard.

(H) Licensing. The resident owner shall obtain a license for the operation of a bed and breakfast from the Village. The license shall be granted for a period of one year commencing on the date of issuance. Thereafter, the license may be renewed for one year periods, subject to a review by the Village.

(I) Revenue collection. The resident owner shall comply with all the revenue collection ordinances of the Village.

(J) Signage. All signage shall comply with Article XIV of this chapter.

(Prior Code, § 156.081)

For purposes of this chapter, the following phrases shall have the definitions as set forth below:

SHORT-TERM RENTAL: The use and/or occupancy for a period of three (3) months or less of a principal single family residence, multiple family dwelling unit, single family detached dwelling, townhome, cluster house, or a unit in a two-family dwelling together with any accessory or any portion of the foregoing, pursuant to a written or oral agreement which permits and/or provides for occupancy by any person other than the owner thereof, or an immediate family member of the owner thereof, and whether or not the permission of such occupancy is in exchange for consideration therefor or not. (Ord. 18-993, 5-8-2018)

A.   Except as otherwise provided herein, leasing, renting, offering or inviting the leasing or renting, or otherwise permitting the short-term rental as defined above located within the Village for three (3) consecutive months or less at a time shall be prohibited, with the exception of a hotel or similar establishment duly licensed by the Village, and such conduct shall be prohibited, whether engaged in or participated in by the owner(s) of the property, one or more agent(s) of the property owner(s), and/or by any person(s) leasing, or seeking to lease as a lessor(s), or renting or seeking to rent as lessee(s) and/or otherwise occupy a premises as tenant(s) and/or temporary occupant(s) thereof.

B.   The term of any lease or occupancy agreement which is not a short term rental may be extended on a month-to-month basis on the condition that the tenant(s) remain(s) the same.

C.   Dwellings shall not be leased, or otherwise permitted to be occupied by other than the same tenant, more than two (2) times during any consecutive twelve (12) month period.

D.   The restrictions of this chapter shall be applicable whether the rental premises comprise(s) all or a part of the principal dwelling, or all or part of any accessory structure.

E.   Whether or not consideration is exchanged for the lease and/or rental of a premises shall not affect the fact that the occupancy thereof is treated as a short term rental for the purposes of this chapter if the definition thereof is otherwise applicable to such activity.

F.   The property owner shall remain and also be vicariously liable for and responsible for compliance by said owner and compliance by the short term renter with all applicable provisions of this Code and/or the Village zoning ordinance during the term of any rental and/or occupancy agreement and/or during the term of any occupancy of the rental premises by persons other than the property owner. The short term renter shall also be liable for and responsible for compliance with all applicable provisions of said Code and zoning ordinance.

G.   No temporary structure shall be permitted to be used for a short-term rental.

H.   The prohibition on short-term rentals as herein provided shall not apply when the immediately preceding owner of a property maintains possession of the dwelling after closing on a real estate transaction for the sale thereof and leases said property back from the successor owner for a period of time pursuant to a written agreement.

I.   Each day a dwelling or any accessory structure in the Village is offered for rent as a short term rental, is leased or rented as a short-term rental, and/or each day a principal structure or any accessory structure is occupied as a short-term rental, as that term is defined herein, shall constitute a separate violation of this chapter. (Ord. 18-993, 5-8-2018)

The B-1 Downtown Transit-Oriented Development (TOD) District is designed for the traditional downtown core of the village, generally comprising of those properties on the north and south sides of Irving Park Rd. bounded by Center St. on the north, Elm St. and Rush St. on the east, Grove St. on the south, and I-290 and Oak St. on the west. Centering around the Itasca Metra Station, this district is comprised of retail, residential, limited office and government facilities, and outdoor recreational facilities in a compact and walkable mixed use area, while also balancing the larger lots along the western end of Irving Park Rd. that serves an arterial road providing access to the region. Within the B-1 Downtown TOD District, the Downtown Design Guidelines shall apply.

1. Permitted Uses: The following uses are permitted:

a.   Antique and general houseware retail and/or repair.

b.   Bakers, coffee shops, and other similar food-service businesses.

c.   Barber shops and beauty salons.

d.   Business and retail-oriented print shops.

e.   Clothing, shoe, dressmaking and/or tailor shops.

f.   Concert, music, theater venue.

g.   Convenience stores.

h.   Dwelling units, when located on the second floor or above.

i.   Dry-cleaning services with off-site processing.

j.   Electronic equipment sales, rental, and/or repair.

k.   Food stores, including but not limited to grocery stores, butcher shops, and delicatessens.

l.   Fitness centers/facilities.

m.   Flower shop with an accessory greenhouse.

n.   General retail stores, including but not limited to book, jewelry, office supply, toy stores but not those selling primarily age-restricted products, such as tobacco/vape, adult bookstores, unless specifically listed as a permitted use.

o.   Home-improvement and/or interior decoration display and design services with accessory retail.

p.   Liquor/beer store with a required indoor tasting area that shall be a minimum of twenty-five percent (25%) of the public floor area.

q.   Music, sporting goods and recreational equipment sales, rental, and/or repair.

r.   Offices, businesses, when the following conditions are met:

(1)   Located in a multi-tenant building.

(2)   Office does not exceed two thousand (2,000) square feet except when located above the first floor.

s.   Offices, co-working and similar shared work spaces.

t.   Offices, medical/dental.

u.   Pet shops, including grooming services, but not including animal hospitals and/or kennels.

v.   Pharmacies.

w.   Radio, television, broadcasting, recording studios.

x.   Restaurants.

(1)   Accessory outdoor seating shall be permitted in accordance with all applicable Village of Itasca Ordinances and other applicable federal, state, and county ordinances/laws.

2. Special Uses: The following uses may be allowed by Special Use Permit in accordance with the provisions of the Administrative Section 14.00 .

a.   Animal hospitals and veterinarian clinics with accessory boarding/kennels.

b.   Bank

For the purposes of this division whenever any of the following words, terms or definitions are used herein, they shall have the meaning ascribed to them in this section:

Director means the director of neighborhood services, or his designee.

Dwelling unit means a single unit providing complete independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

Dwellings means:

(1) Single-family dwelling. A building containing one (1) dwelling unit.

(2) Short-term rental units. A dwelling unit that is primarily owner-occupied except for the duration of any short-term rental period.

(3) Two-family dwelling (duplex). A building or lot containing two (2) dwelling units.

(4) Multifamily dwelling. A building or lot containing more than two (2) dwelling units. Any townhome or condominium or similar multifamily dwelling owned in its entirety by a single owner or entity shall constitute a multifamily dwelling for purposes of this division.

(5) Boarding house, rooming house, lodging house and tourist house. A building arranged or used for the lodging, with or without meals, for compensation, by individuals who are not members of the family.

(6) Dormitory. A space in a building where group sleeping accommodations are provided for persons not members of the same family group in one (1) room, or in a series of closely associated rooms.

(7) Hotel. A room or rooms in any building or structure kept, used, maintained, advertised or held out to the public to be an inn, motel, hotel, apartment hotel, lodging house, boarding house, rooming house, tourist house, dormitory or place, where sleeping, rooming, office, conference or exhibition accommodations are furnished for lease or rent, whether with or without meals.

Long-term resident means any person who occupies or has the right to occupy any room or rooms in a hotel or motel for at least seven (7) consecutive days.

Permanent resident means any person who occupies or has the right to occupy any room or rooms in a hotel or motel for at least thirty (30) consecutive days.

Person means any natural individual, firm, partnership, association, joint stock company, joint venture, public or private corporation, or receiver, executor, trustee, conservator or other representative appointed by order of any court.

Premises means a lot, plot or parcel of land including the buildings or structures thereon. Rent, let or let for occupancy means to permit possession or occupancy of a dwelling, dwelling unit, rooming unit, building or structure for consideration.

Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

(Ord. No. 17950, § 2, 5-21-19)

(a) A registry of owners and premises shall be maintained by the director of neighborhood services.

(b) The owners of any dwelling unit which is currently, or is intended to be offered for rent, let, or let for occupancy shall be required to be registered and licensed by the City of Joliet. Such owners shall register the address of each dwelling unit which is currently, or is intended to be offered for rent, let, or let for occupancy with the City of Joliet. The owners shall register within ninety (90) days of the enactment of this section and shall reregister annually. Within thirty (30) days of a change of ownership, the new owner shall register with the city as required above.

(c) The registration fees shall be as follows:

Owner registration and licensing: One hundred dollars ($100.00) annually.

Inspection fees are enumerated in section 8-153.7.

(d) The penalty for failure to comply with this section shall be a fine of up to seven hundred fifty dollars ($750.00) per violation per day.

(e) The following rental properties shall be subject to the systematic inspection of rental housing ordinance and shall be inspected for compliance with this Code and all other applicable laws and ordinances:

(1) Single-family dwellings;

(2) Two-family dwellings;

(3) Multi-family dwellings;

(4) Boarding houses;

(5) Rooming houses;

(6) Lodging houses;

(7) Tourist houses;

(8) Hotels and motels;

(9) Dormitories;

(10) Short term rental dwelling units;

(11) Dwellings in mixed use buildings.

(f) Exempt occupancies. The following properties are exempt from the systematic inspection of rental housing ordinance:

(1) Dwellings, buildings, structures and uses owned and operated by any governmental agency;

(2) Dwellings, buildings, structures and uses licensed and inspected by the State of Illinois.

(g) Hotels and motels. Hotels and motels shall be subject to rental dwelling registration certificate and systematic inspection of rental housing of the entire premises, including rooms and units set aside for or rented to long term residents. However, the owner shall be required to pay rental registration certificate and inspection fees only for those rooms or units that are rented to or set aside for long term residents. The rental registration certificate and inspection fee shall be determined by the number of rooms or units rented to or set aside for long term residents during the preceding months of July, August and September or such other number as determined upon physical inspection. A property in this category is only eligible for a Type II, III, or IV rental registration certificate.

(h) No person shall allow any dwelling unit in a covered property to be occupied or let or offer to let to another any dwelling unit for occupancy, or charge, accept or retain rent for any dwelling unit unless the owner has a valid rental registration certificate, administrative registration, short-term rental registration or provisional rental registration certificate

(a) The provisions of this division shall apply to all covered properties.

(b) Any person operating a short-term rental dwelling unit, regardless of whether the unit is rented or booked through the services of a short-term rental hosting platform, shall comply with all applicable laws as well as the requirements of this division, unless compliance is exempted or modified by order of the director of neighborhood services. All such persons shall also, in the course of the operation of any short-term rental dwelling unit, comply with any applicable civil rights ordinance, law or rule prohibiting acts of discrimination related to real estate, housing, public accommodation or other applicable subject.

(Ord. No. 17950, § 2, 5-21-19)

(a) A short-term rental registration must include any information deemed necessary by the director and may be obtained through any readily available means, written or electronic, as deemed appropriate and expeditious by the director. The annual fee for a short-term rental registration shall be as established in the rental registration certificate fee schedule. Any registered property shall be subject to lawful inspection by the director and the director's authorized representatives upon a schedule determined by the director or upon complaint.

(b) Any short-term rental registration may be denied, canceled or revoked upon notice and the provision of an opportunity for hearing for good cause, including the violation of, or noncompliance with, any registration requirement or standard, or any applicable law, statute or ordinance. Any such hearing shall take place pursuant to chapter 3 of this Code.

(c) No rental dwelling classified as Type IV shall be eligible for short-term rental registration or for use as a short-term rental dwelling.

(Ord. No. 17950, § 2, 5-21-19)

Exempt signs are allowed signs which are exempt from the requirement to obtain a building permit and a certificate of appropriateness prior to locating, erecting, using, displaying, enlarging or expanding such signs. Exempt signs are subject to all additional regulations, standards, restrictions and limitations set forth below, including, where applicable, the requirement to obtain an administrative sign permit from the Administrative Official.

(A) Exempt permanent signs. The following permanent signs are exempt signs allowed in all zoning districts, except as otherwise specified:

(1) Address sign. Address signs are allowed signs in all districts and shall not exceed one square foot in area in the “B” Business District or two square feet in area in all other zoning districts for each officially assigned address, or such other size required by law, ordinance, rule or regulation. In all zoning districts, a freestanding address sign shall not exceed three feet in height measured from the ground. An address sign must be clear and readable from the street with a minimum letter or numeral height of four inches.

(2) Directory sign. Directory signs are allowed signs only in the “B” Business District, shall not exceed two square feet in area and five feet in height measured from the ground, shall be limited to one such sign per building, shall not be illuminated, and shall require an administrative sign permit.

(3) Governmental sign. Governmental signs are allowed signs in all zoning districts. The size and placement of governmental signs shall be in accordance any applicable local, state or federal law, ordinance, rule or regulation governing such signs and shall not be illuminated, unless otherwise required by such law, ordinance, rule or regulation.

(4) Hazard or no trespassing sign. Hazard and no trespassing signs are allowed signs in all zoning districts, shall not exceed one square foot in area and five feet in height measured from the ground, shall be limited to the number necessary to accomplish their intended purpose, shall be placed at such locations on the lot to achieve their intended purpose, and shall not be illuminated.

(5) Incidental sign. Incidental signs are allowed signs in all zoning districts, shall not exceed a combined total area of two square feet, shall not exceed five feet in height measured from the ground, and shall not be illuminated.

(6) Informational sign. Informational signs are allowed signs in all zoning districts, shall not exceed two square feet in area and five feet in height measured from the ground, shall be limited to the number necessary to accomplish the intended purpose, shall be placed at such locations on the premises to achieve their intended purpose, shall not be illuminated, and shall require an administrative sign permit.

(7) Memorial plaque sign. Memorial plaque signs are allowed signs in all zoning districts and shall not exceed one square foot in area. All memorial plaque signs shall be mounted f

The following words, terms and phrases, when used in 2-9-155 through 2-9-200, shall have the meanings ascribed to them as follows, except where the context clearly indicates a different meaning:

Hotel or Motel means every building kept, used, maintained, advertised, and held out to the public to be a place where lodging accommodations are offered for less than 30 consecutive days for a consideration to guests, whether with or without meals. Short-term rental units are included in the definition of the term "Hotel" or "Motel."

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them as follows, except where the context clearly indicates a different meaning:

Short-Term Rental Unit means the use of a dwelling unit for overnight accommodation that is made available for rent by transient guests for a period shorter than 30 consecutive days. The term "Short-Term Rental Unit" does not include either a hotel or a motel, as defined in the Village zoning regulations; the rental of a dwelling unit pursuant to a rental agreement executed in conjunction with a contract to sell the dwelling unit; or the rental of a dwelling unit for which a tenant has a month-to-month rental agreement and the rental payments are paid on a monthly basis. Short-Term Rental Units are also commonly referred to as vacation rentals.

(a) A short-term rental license will be valid for an annual period commencing on January 1 and terminating on December 31 of that year, unless terminated or revoked.

(b) One license per building is required.

(c) No license shall be transferable to another person or location.

(d) An application for a short-term rental license must include the following:

(1) The full name and valid contact information of the applicant;

(2) The location and proof of ownership of the Short-Term Rental Unit;

(3) The full name and valid contact information for a person or company who will serve as an emergency 24-hour contact. The 24-hour emergency contact must be able to respond, or send a representative to respond, to the Short-Term Rental Unit within 15 minutes when contacted by the Village or other emergency responders;

(4) A floor plan noting all emergency exits; and

(5) Payment of the nonrefundable annual fee in the amount set forth in Village fee schedule.

(a) Compliance required. Short-Term Rental Units are subject to inspections by the Village prior to and throughout the license period. Short-Term Rental Units must remain in compliance with all requirements of this Code and the Village zoning regulations throughout the license period. Owners of Short-Term Rental Units must comply with any request by the Village for information and documentation related to the Short-Term Rental Unit. In the case of a complaint of a code violation from any source, the Village may promptly inspect or investigate without prior notice, except that notice of such inspection or investigation will be provided to the owner or agent as soon as reasonably possible.

(b) Maximum occupancy. The maximum number of occupants allowed per night will be calculated based on the number of bedrooms in the Short-Term Rental Unit. No more than two occupants are allowed per bedroom and no non-bedrooms (e.g., living rooms) may be used in the calculation of maximum occupancy regardless of sleeping accommodations provided in such rooms.

No Short-Term Rental Unit may be occupied at any time by a number of persons in excess of the maximum permitted occupancy limit as set forth in this Code. Occupancy limits must be conspicuously posted near the entrance of all Short-Term Rental Units.

(c) Minimum length of stay. No Short-Term Rental Unit may be reserved or made available to guests for less than 48 consecutive hours.

(d) Maximum length of stay. The maximum length of stay for any occupant may not exceed 30 consecutive days.

(e) Use of basements. No Short-Term Rental Unit may contain bedrooms or beds located in a basement.

(f) Gatherings. A Short-Term Rental Unit will be for lodging purposes only, and may not be used for parties, weddings, conferences, meetings, or other events, regardless of the number of attendees.

(g) Insurance. An insurance policy for the Short-Term Rental Unit that covers the short-term rental use of the property in the minimum amount of $1,000,000.00 per occurrence, and a minimum amount of $2,000,000.00 aggregate is required. The policy must include a provision requiring 30 days' advance notice to the Village prior to cancellation or lapse of the policy. The licensee must maintain the insurance required under 4-15-15(g) in full force and effect for the duration of the license period for each short-term rental location. This requirement cannot be satisfied by insurance coverage provided by a short-term rental platform, including, without limitation, Airbnb, VRBO, and others. A certificate of insurance must be provided as part of the license application.

(h) Log. The licensee must keep a log of all renters' names, permanent addresses, phone numbers, and the dates for each short-term rental booking period. Upon request, the licensee must provide a copy of this log to the Village for inspection.

(i) Sanitation. Any kitchen in a Short-Term Rental Unit must be cleaned and sanitized between guests and all food and beverag

All transactions for Short-Term Rental Units will be subject to the municipal hotel and motel occupancy tax imposed in Title II, Chapter 9 and must comply with all requirements therein.

(a) In addition to any penalty set forth in 4-15-30 or under any other applicable law, the Community Development Director may issue a summary suspension order that orders a Short-Term Rental Unit owner or operator to close. Such suspension orders may be issued for a maximum of seven days pending a hearing on the suspension or revocation of the license for such licensed Short-Term Rental Unit. The authority to issue a summary suspension order is subject to the following conditions:

(1) The order must state the reason for the Community Development Director's conclusion that continued operation of the licensed premises threatens the welfare of the community.

(2) The order must contain notice of the date, time, and place of the hearing, which hearing must commence not less than five days nor more than seven days from the date of personal service, service by certified United States mail, or service by overnight delivery of the notice upon the licensee or any employee of the licensee in charge of the licensed premises.

(b) The hearing will be held before the Village Manager at the date, time, and place set forth in the notice, and the licensee shall be given an opportunity to be heard.

(c) The Village Manager shall promptly enter their final order not later than five days from the conclusion of the hearing.

Any person who violates any of the provisions of this chapter will be fined as set forth in the Village fine schedule and is subject to suspension or revocation of their Short-Term Rental Unit license following a hearing before the Village Board of Trustees.

Each day that a violation exists constitutes a separate offense. Operating a Short-Term Rental Unit in violation of this chapter, including operating without a license, constitutes a public nuisance and an offense against the public peace and safety. Short-Term Rental Unit owners are jointly and severally liable for any violations of this Code by the guests of the Short-Term Rental Unit during their stay.

No person, firm, or corporation shall maintain or conduct the business of operating Short-Term Rental Units in the Village without first obtaining a license. Application for such license must comply with the provisions of 4-1-5 through 4-1-15.

The following words, terms and phrases, when used in 4-7-60 through 4-7-85, shall have the meanings ascribed to them as follows, except where the context clearly indicates a different meaning:

Boardinghouse means a house, building or portion thereof, other than a Short-Term Rental Unit, in which meals or lodging and meals are furnished for compensation, by prearrangement for definite periods, for three or more but not exceeding 12 persons.

Hotel or Motel means any building or structure used for lodging the public, especially transients, other than a Short-Term Rental Unit, where sleeping or lodging accommodations, with or without meals, are furnished, for compensation, for more than 12 guests.

Lodginghouse means a house, building or portion thereof, other than a Short-Term Rental Unit, in which sleeping or lodging accommodations are furnished, for compensation, by prearrangement for definite periods, to three or more but not exceeding 12 persons.

Roominghouse means a house, building or portion thereof, other than a Hotel or Short-Term Rental Unit, used for lodging the public, especially transients, where sleeping or lodging accommodations, with or without meals, are provided, for compensation, for not less than three nor more than 12 persons.

Short-Term Rental Unit means as defined in 4-15-1.

All accessory structures and uses shall be subject to the requirements of this section and the requirements of § 153.194 below. Additional accessory structures not regulated in this section may be regulated in § 153.194 below.

(A) Accessory structures - general regulations. All accessory structures shall be subject to the following regulations, in addition to any other regulations within this section and this Code.

(1)   No accessory structure shall be constructed prior to construction of the principal building to which it is accessory.

(2)   Only those accessory structures permitted by this section or § 153.194 are permitted in required setbacks. Certain accessory structures may also be prohibited in certain yards. Required setbacks are described in the district standards. The use of the term “yard” refers to the area between the building line and the lot line. The distinction is made because certain principal buildings may be set back further than required by district setback standards, thereby creating a yard larger than the minimum setback dimension.

(3)   The maximum height of any detached accessory structure shall be measured from the floor of the structure to the peak of the roof. No detached accessory structure shall exceed ten feet, unless otherwise permitted or limited by this Code.

(4)    All accessory structures must be located a minimum of five feet from any rear lot line and three feet from an interior side lot line, as measured from the eaves, unless otherwise permitted by this Code.

(5)   The combined square footage of all detached accessory buildings located in the rear yard shall not occupy more than 50% of the required rear yard.

(B) Amateur (HAM) radio equipment.

(1)   Towers that solely support amateur (HAM) radio equipment shall be permitted only in the rear yard and may encroach into the rear setback, and shall be located ten feet from any lot line. Towers shall not exceed the maximum building height of the applicable district by more than ten feet, unless a taller tower is technically necessary to engage successfully in amateur radio communications in accordance with division (B)(3) below.

(2)   Antenna may be ground-, building- or roof-mounted, provided they do not exceed the maximum building height by more than ten feet unless a taller antenna is technically necessary to engage successfully in amateur radio communications in accordance with division (B)(3) below. Every effort shall be made to install radio antennae in locations that are not readily visible from neighboring properties or from the public right-of-way, excluding alleys.

(3)   An antenna or tower that is proposed to exceed the height limitations shall be considered a special use. The operator must provide evidence that a taller tower and/or antenna is necessary to engage successfully in amateur radio communications. In addition, the applicant must provide evidence that the tower and/or antenna shall not prove a hazard to birds (i.e., minimal chance

For purposes of this chapter, the following phrases shall have the definitions as set forth below:

Whenever in this Title the following words and phrases are used, they shall, for the purposes of this Title, have the meanings respectively ascribed to them in this Section, except when the context otherwise clearly indicates. Whenever in this Title other words are used, those other words shall have the meanings normally ascribed to them:

Short-term rentals are a permitted use subject to the following restrictions:

A.   Primary Residence: The short-term rental property must be the property owner's primary residence.

B.   Residing: The property owner must reside at the property at least 275 days each calendar year.

C.   Accessory And Secondary Dwellings: Accessory or secondary dwelling units may not be used as short-term rentals.

D.   Parking:

1.   All overnight parking must be accomplished on site and on improved surfaces.

2.   Properties with adjacent driveways may not be used as short-term rentals.

E.   Maximum Guests Per Night: No short-term rental shall serve more than 10 guests per night.

F.   Minimum Length: No short-term rental shall be rented for less than two consecutive nights.

G.   Maximum Length: No short-term rental shall be rented for more than 45 days or more than 15 individual booking periods in any calendar year, whichever limit is reached first.

H.   Fire Alarm: All short-term rentals must have a fire alarm system monitored by a UL certified central station.

I.   Life Safety Requirements: All short-term rentals must comply with the following life safety requirements:

1.   Manual extinguishing equipment must be provided on each floor and in the kitchen used by short-term rental guests in accordance with National Fire Protection Association (NFPA) 10 - Standards for the Installation of Portable Fire Extinguishers.

2.   No combustible storage is permitted in or under stairways.

3.   No cooking facilities are permitted in guest rooms.

4.   All hallways and stairways must be adequately lighted.

5.   Portable heating devices are prohibited in guest rooms.

6.   A floor plan of the property to be used for short-term rental must be submitted to the Village.

7.   Smoke detectors and carbon monoxide detectors must be provided in each guest room.

8.   All bedrooms used for short-term rental must contain an egress window that complies with Section R310 of the 2015 International Residential Code. Specifically, the bedroom egress window must have a net clear opening of not less than 5.7 square feet obtained by the normal operation of the window from the inside; provided however, an egress window at or below grade must have a net clear opening of not less than five square feet. The egress window opening shall be at least 24 inches high and at least 20 inches wide. The egress window must have a sill height of not more than 44 inches. Egress windows at or below grade must be provided with a window well with a horizontal area of not less than nine square feet and with a horizontal projection and width of not less than 36 inches.

Notwithstanding the foregoing, bedrooms constructed prior to October 26, 2010 may continue to use existing windows that use removable sashes to meet the minimum egress window opening requirements.

9.   All stair systems with four or more risers must have handrails.

10.   GFCI outlets must be installed as required by the Village Buildin

A.   Purpose. The purpose of this Section is to authorize the creation and use of accessory dwelling units that provide housing choices for Village residents and support the Village's existing, high-quality residential neighborhoods. This Section provides for a streamlined public review of accessory dwelling units in order to maximize their compatibility with these existing neighborhoods.

B.   Form. An accessory dwelling unit may be located within a designated area within the principal structure (such as a basement), attached to the principal structure, or be a freestanding accessory structure.

C.   Number. Each zoning lot used for a single-family dwelling may have only one accessory dwelling unit subject to the conditions and restrictions of this Section.

D.   Pre-Application Workshop Required. Prior to applying for a special use permit to authorize an accessory dwelling unit, an applicant must appear at a meeting of the Joint Plan Commission and Zoning Board of Appeals for a pre-application workshop to discuss with Joint Plan Commission and Zoning Board of Appeals the proposed accessory dwelling unit.

E.   Special Use Process for Accessory Dwelling Units. An application for a special use permit to authorize an accessory dwelling unit is subject to the rebuttable presumption that the application satisfies the standards for a special use permit set forth in Section 10-2C-10 E., but only where the PCZBA and the Village Board find that the accessory dwelling unit is located and scaled in such a manner as to best:

1.   Provide sufficient distance between the accessory dwelling unit and any dwellings on adjacent properties;

2.   Provide sufficient privacy to the occupants of both the accessory dwelling unit and any adjacent residential properties;

3.   Minimize the visual impact of the accessory dwelling unit into surrounding residential properties and the streetscape, including by minimizing the appearance of the entry doors to the ADU from the street; and

4.   Result in an accessory dwelling unit that is clearly accessory and subordinate to the principal dwelling unit. In evaluating this standard, the following guidelines typically indicate an accessory and subordinate use:

a.   The presence of two or fewer bedrooms in the accessory dwelling unit;

b.   Conformance with the maximum size restrictions provided in this Section; and

c.   The arrangement or provision of utilities shall not affect this determination.

The foregoing standards shall be evaluated relative to the impacts that would be reasonably expected from adding a conforming residential addition to the principal structure that does not serve as an accessory dwelling unit. The foregoing standards are not intended to serve as a mechanism for review of the architectural design, materials, or quality of proposed accessory dwelling units.

F.   Size Restrictions.

1.   Minimum. The combined area of all habitable rooms of the accessory dwelling unit shall not be smaller than two hu

ADMINISTRATIVE FEES

HOTEL: Any building or buildings in which the public may, for consideration, obtain temporary living quarters, sleeping, or housekeeping accommodations. The word "hotel" shall include, without limitation, inns, motels, suites, tourist homes or courts, lodging houses, rooming houses, and apartment houses. For the purposes of this article only, the word "hotel" shall include short-term rental as defined in section 10-1-2 of this Code.

PERMANENT RESIDENT: Any person who occupied or has the right to occupy any room or rooms, regardless of whether or not it is the same room or rooms, in a hotel for at least thirty (30) consecutive days.

PERSON: Any natural individual, firm, partnership, association, joint stock company, joint venture, public or private corporation, limited liability company, or a receiver, executor, trustee, guardian, or other representative appointed by order of any court.

ROOM OR ROOMS: Any living quarters, sleeping, or housekeeping accommodations. (Ord. 2005-9, 5-9-2005, eff. 6-1-2005; amd. Ord. 2018-5, 4-23-2018; Ord. 2020-3, 3-9-2020; Ord. 2021-4, 3-8-2021)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The present tense includes the past and future tenses and the future tense the present. The singular number includes the plural number and vice-versa. The word SHALL is mandatory. The masculine gender includes the feminine and neuter. All measured quantities shall be to the nearest integral unit of measure, and if a fraction is one-half or greater, the next highest integral unit shall be used. Any term not defined in this section shall be as defined elsewhere in the municipal code or, if not defined elsewhere in the code, as defined in Webster’s New World Dictionary of the American Language-Second College Edition.

ACCESSORY BUILDING, STRUCTURE or USE. A subordinate building, structure, or use which is located on the same lot on which the principal building, structure or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use.

ACUPUNCTURE. A medical practice or procedure that treats illness or provides local anesthesia by the insertion of needles at specific sites on the body.

ADDITION/ENLARGEMENT. Construction that increases the size of a structure in terms of building footprint, height or floor area.

ADULT USE. Any commercial or recreational establishment which at all times excludes minors by virtue of age, including adult bookstores/retail establishments, adult live entertainment, adult theater, adult modeling and escort agency/studios, and adult hotel/motel.

(1) ADULT BOOKSTORES/RETAIL ESTABLISHMENTS. A business establishment having at least 15% of its stock in trade, books, magazines, sexually oriented devices, films for sale, rent or other distribution, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities” or "Specified Anatomical Areas."

(2) ADULT LIVE ENTERTAINMENT ESTABLISHMENT. A cabaret, nightclub, theater, restaurant or other business establishment, which permits live performances by topless and/or bottomless dancers, go-go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on "Specified Sexual Activities" or "Specified Anatomical Areas."

(3) ADULT THEATER. A business establishment in an enclosed building that as a substantial or significant portion of its business regularly features for presentation films, motion pictures, video or audio cassettes, slides, or other visual representation or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of "Specified Anatomical Areas" or the conduct or simulation of “Specified Sexual Activities."

(4) MODELING AND ESCORT AGENCY. A business association that furnishes or offers to furnish or advertises to furnish escorts as one of its primary bu

(A) One-Family Dwelling District (R-1, R-2, and R-3). Purpose. To recognize, preserve and protect the present character of existing single- family residential neighborhoods and to provide for the development of new neighborhoods in accordance with contemporary residential development standards.

(1)   Permitted and conditional uses: See Table 5, Groups A and B.

(2)   Minimum area for zoning district: None.

(3)   District bulk standards: See Table 4.

(4)   Off-street parking and loading: See §§ 22.110 through 22.118 .

(5)   Landscaping and screening: None.

(6)   Stormwater detention and floodplain development requirements: See § 22.044.

(7)   Design standards: As provided in § 22.051.

(8)   Additional requirements: As provided in general residential district regulations and general district regulations.

(9)   Dwelling standards: Single-family dwelling units shall have a total habitable floor area of not less than 1,200 square feet, exclusive of basement area and garage space.

(B) Multi-Family Dwelling District (R- 4). Purpose. This district is for higher density residential neighborhoods that encourages a wide range of housing types, such as attached, duplex and multi-family, to meet the diverse housing needs of village residents.

(1)   Permitted and conditional uses: See Table 5, Groups C and D.

(2)   Minimum area for zoning district: One acre.

(3)   District bulk standards: See Table 4.

(4)   Off-street parking and loading: See §§ 22.110 through 22.118.

(5)   Landscaping and screening: See §§ 22.130 through 22.135.

(6)   Stormwater detention and floodplain development requirements: See § 22.044.

(7)   Design standards: As provided in § 22.052.

(8)   Additional requirements:

(a)   Minimum lot size for single-family detached: See R-3 requirements.

(b)   As provided in general residential district regulations and general district regulations.

(c)   Interior side yard requirements for attached dwelling units shall not apply where the unit is attached to another unit at the side lot line.

(d)   When two or more buildings, which contain attached dwelling units or multi-family dwelling units are located on the same zoning lot, a minimum spacing standard of 30 feet shall be required.

(e)   Where the building height is over 35 feet, the front, side, corner side and rear yard setback shall be increased by two feet for each additional foot or fraction thereof, which exceeds a building height over 35 feet.

(f)   No dwelling unit shall be erected or occupied below grade.

(g)   Minimum floor area (square foot) per dwelling unit for multi-family dwellings (exclusive of utility rooms and garages).

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019; Ord. 20-O-21, passed 11-17-2020)

Table 4: Residen

(A) Location and size standards of loading spaces. All required loading spaces shall meet the following standards:

(1)   On the same lot as the use to be served, except when collectively provided as central loading facilities in conformance with the requirements in this chapter;

(2)   Twenty-five feet or more from the right-of-way lines of the nearest point of intersection of any streets;

(3)   Outside of the required front and corner side yards;

(4)   In such a manner that no portions of a vehicle shall project into a street; and

(5)   Each loading berth/space shall be a minimum of ten feet in width and 35 feet in length, exclusive of drive aisles and maneuvering space, and shall have a vertical clearance of at least 15 feet.

(6)   All off-street loading spaces must be located a minimum of 50 feet from the lot line of any residential district and shall be screened pursuant to the screening requirements as outlined in § 22.132 of this chapter. Loading berths located in the side or rear yards and adjacent to property zoned non-residential must be screened from said adjoining properties as well as the public view by a solid wall or fence that is a minimum of six feet tall.

(7)   All off-street loading berths and spaces must be located and designed in a manner where trucks are able to maneuver into the loading berth or space on site without having to conduct said maneuvers in the public right-of-way.

(8)   Any trailer stored on site shall require a conditional use for outdoor storage.

(B) Surfacing of loading areas. All open off-street loading spaces and related vehicular access drives and aisles shall be surfaced with a hard-surfaced all-weather dustless material, such as asphalt or concrete. Asphalt shavings and other similar material shall be prohibited.

(C) Collective provision. Loading spaces required for individual lots may be collectively provided in central facilities provided that all of the following requirements are met:

(1)   The number of spaces provided is not less than that required by the total floor space for each category of use served;

(2)   Each lot served has direct access to the central facilities without crossing streets at grade;

(3)   The central facilities are not more than 500 feet from any lot they serve;

(4)   Any tunnel or ramp between the central facilities and any lot served is at least seven feet wide and has a vertical clearance of at least seven feet;

(5)   Written covenants and easements approved by the village and recorded with the county provide for the retention, maintenance and use of such facilities;

(6)   No space shall at the same time fully or partially serve to meet the requirements for both off-street parking and loading facilities; and

(7)   Uses smaller than the smallest values given for each category, shall be provided with other receiving facilities for motor vehicles judge adequate by the President and Board of Trustees.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990

A.   Purpose: The purpose of this section is to permit the establishment of home occupations that are compatible with the residential districts in which they are located.

B.   Definition: A home occupation is an accessory use of a dwelling unit that is:

1.   Used for gainful employment that involves the provision, assembly, processing or sale of goods and/or services.

2.   Incidental and secondary to the residential use of the structure and does not change the essential residential character of the dwelling unit.

The fact that a particular occupation or profession does not directly or indirectly impose a charge or receive a fee or other remuneration is not determinative of whether that activity falls within the definition of "home occupation".

C.   General Requirements And Performance Criteria: All home occupations shall comply with the following standards:

1.   The operator of every home occupation shall reside in the dwelling unit in which the home occupation operates.

2.   The home occupation use shall be conducted entirely within a completely enclosed structure.

3.   The home occupation shall not interfere with the delivery of utilities or other services to the area.

4.   The home occupation shall not generate any noise, vibrations, smoke, dust, odor, heat, glare, or electrical interference with radio or television transmission in the area that would exceed that which is normally produced by a dwelling unit in a zoning district used solely for residential purposes. No mechanical equipment shall be used on the premises, except such that is normally used for on site domestic or household purposes.

5.   No toxic, explosive, flammable, radioactive or other restricted or hazardous material shall be used, sold or stored on the site.

6.   The home occupation shall not change the essential residential character of the dwelling unit.

7.   There shall be no alteration of the residential appearance of the premises, including the creation of a separate, or exclusive, business entrance(s).

8.   No home occupation shall be conducted in any accessory building or structure.

9.   Signs for home occupations shall be prohibited.

10.   No home occupation shall be conducted between the hours of seven o'clock (7:00) P.M. and six o'clock (6:00) A.M.

11.   No commodity or good not produced on the premises shall be sold on the premises nor displayed on the exterior or interior of the premises, or warehoused on the premises for sale elsewhere. This does not preclude taking orders for sales or provision of services off site.

12.   No outdoor display or storage of materials, goods, supplies, or equipment shall be allowed.

13.   The home occupation shall, at all times, comply with all other applicable laws and ordinances.

14.   Notwithstanding the other provisions of this section, events, gatherings, or parties intended to promote the sale of products from catalogs or from similar sources shall be permitted on the condition that such activities comply

(a) Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Abandonment means to cease use of a property, intentionally or otherwise.

Abut means to share a common lot line or zoning district boundary, without being separated by a street or alley.

Accessory building means a building which is located on the same lot as, and of a nature customarily incidental and subordinate to, another building or structure, and the use of which is clearly incidental and subordinate to that of the other building or structure.

Accessory structure or use means a structure or use which:

(1) Is subordinate to and serves a principal structure or principal use.

(2) Is subordinate in area, extent or purpose to the principal structure or principal use served.

(3) Contributes to the comfort, convenience or necessity of the occupants of the principal structure or principal use served.

(4) Is located on the same zoning lot as the principal structure or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

Addition or expansion means any of the following: an increase in floor area of a building; a modification to the roof line of a building such as by the construction of a dormer that increases the amount of floor space devoted to human use or occupancy; or the reconstruction of a building or structure which is not accompanied by a change in the use of a lot.

Adult uses includes, but is not limited to, the following:

(1) Adult bookstore means an establishment having at least 25 percent of its sales or display area devoted to:

a. Books, magazines, films for sale or for viewing on premises by use of motion picture devices or by coin-operated means; and

b. Periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified anatomical activities or specified anatomical areas; or

c. An establishment with a segment or section devoted to the sale or display of such materials; or

d. An establishment that holds itself out to the public as a purveyor of such materials based upon its: 1. Signage; 2. Advertising; 3. Displays; 4. Actual sales; 5. Presence of video preview or coin-operated booths; 6. Exclusion of minors from the establishment's premises; or 7. Any other factors showing the establishment's primary purpose is to purvey such material.

(2) Adult entertainment cabaret means a public or private establishment which:

a. Features topless dancers, strippers, go-go dancers, male or female impersonators, lingerie or bathing suit fashion shows;

b. Not infrequently features entertainers who display specified anatomical areas or features entertainers who, by reason of their appearance or conduct, perform in a manner which is de

A. Existing Uses. 1. No building, structure, or use not lawfully existing at the time of the adoption of this ordinance shall become or be made lawful solely by reason of the adoption of this ordinance. 2. When a use classified as a special use under this ordinance exists as a special use on the effective date of this ordinance, such use will be considered a legal special use except as otherwise expressly provided in this section. 3. When any amendment to this ordinance changes the classification of a permitted use to a special use, any use legally established before such amendment will be considered a special use after the effective date of such amendment. 4. A lawfully established, existing use that is not allowed as a special use or permitted use in the district in which the use is now located will be considered a nonconforming use and will be subject to the provisions of Chapter 17.13 of this ordinance.

B. Unlisted Uses. Any use not specifically listed in a given zoning district with either a permitted or special use is prohibited.

TABLE 17-06-01. Permitted and Special Uses in the Zoning Districts

Drive-Through

ACCESSORY BUILDING. A building which: is subordinate to and serves a principal structure or use, and: contributes to the convenience, comfort, or necessity of occupants of the principal building or principal use served, with the single exception of any accessory off-street parking facility permitted to locate elsewhere than on the same zoning lot with the building or use served. An accessory building includes but is not necessarily limited to: children's playhouses, garden houses, gazebos, garages, and sheds.

ACCESSORY STRUCTURE. A structure which: is subordinate to and serves a principal structure or use, and: contributes to the convenience, comfort, or necessity of occupants of the principal building or principal use served, with the single exception of any accessory off-street parking facility permitted to locate elsewhere than on the same zoning lot with the building or use served. An accessory structure includes but is not necessarily limited to: cabanas, patios, pergolas, service walks, and decks.

ACCESSORY STRUCTURE. See ACCESSORY BUILDING." Also see distinction between "BUILDING" and "STRUCTURE." ADDITION. Any act or process which changes one or more of the exterior architectural features of a structure designated for preservation by adding to, joining with, or increasing the size or capacity of the structure.

ADULT USE. The term adult use means adult bookstores, adult motion picture theaters, adult mini motion picture theaters, adult entertainment cabarets, or similar establishments. 1. An adult book store is an establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by 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 such material, or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin-operated booths, the exclusion of minors from the establishment's premises, or any other factors showing that the establishment's primary purpose is to purvey such material. 2. An adult motion picture theater is an enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for observations by patrons therein. 3. An adult mini motion picture theater is an enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relat

For the purpose of this article, whenever any of the following words, terms or definitions are used herein, they shall have the meaning ascribed to them in this section:

Facilitator means any person or entity that provides a means through which a person may book a hotel room and/or short-term rental unit. regardless of whether payment is transferred through or processed by the facilitator. Facilitators are considered owners, as defined in this section.

Hotel or motel means any building or structure, or portion thereof, kept, used, maintained, advertised and held out to the public to be a place where lodging, apartments, suites, or other sleeping accommodations are offered for consideration to guests. including, without limitation, accommodations offered by online travel companies and/or facilitators.

For the purposes of this article X, hotel or motel includes inns, motels, hotels, lodging houses, or short-term rental units, or any portions thereof.

Hotel room or motel room means a room or other lodging accommodation within a hotel structure offered for rental and containing facilities for sleeping. One (1) room offered for rental with or without an adjoining bath shall be considered as a single hotel or motel room.

The number of hotel or motel rooms within a suite or short-term rental unit shall be computed on the basis of those rooms utilized for the purpose of sleeping.

Online travel company means a person or entity that books, reserves, or rents hotel or motel rooms and makes other travel arrangements for consumers via the internet or other digital means.

Online travel companies are considered facilitators, as defined in this section.

Owner means any person having an ownership or sufficient proprietary interest in or conducting the operation of a hotel or motel or receiving the consideration for the rental of hotel or motel room(s), so as to entitle the person to a portion of the gross receipts thereof, including facilitators, as defined in this section.

Person means any natural person, trustee, court-appointed representative, syndicate, association, partnership, firm, club, company, corporation, business, trust, institution, agency, government corporation, municipal corporation, district or other political subdivision, contractor, supplier, vendor, vendee, operator, user or owner, or any officers, agents, employees or other representatives, acting either for themselves or for any other person in any capacity, or any other entity recognized by law as the subject of rights and duties. The masculine, feminine, gender neutral, singular or plural is included in any circumstances.

Short-term rental unit means a dwelling unit, or portion thereof, used for overnight accommodation that is available for rent by transient guests for a period shorter than thirty (30) consecutive days. For the purposes of this article X only, a short term rental unit is a hotel room.

(Ord. No. 11-O-08, § 3, 1-25-11; Ord. No. 22-O-79, § 2(Exh. A), 10-11-22)

The following acts, conduct and conditions are hereby declared and defined to be nuisances, and when committed, performed or permitted to exist by any individual, firm, association or corporation within the territorial limits of the Village, are hereby declared to be unlawful and prohibited:(A) Any act or offense which is a nuisance according to the common law of the state, or declared or defined to be a "nuisance" by the ordinances of the Village. In addition, the officials of the Village shall be authorized to abate any nuisance which while not specifically defined within this Article 3 shall constitute the unreasonable, unwarrantable, or unlawful use by a person of property real or personal or from his or her own improperly, indecent or unlawful personal conduct which works an obstruction or injury to a right of another or of the public, and produces such material annoyance, inconvenience, discomfort, or hurt that the law will presume an actionable nuisance. Nuisances may be abated which are public or which are both public and private in nature.(B) To cause or suffer the carcass of any animal or any offal, filth or noisome substance to be collected, deposited or to remain in any place under his or her ownership or control to the prejudice of others.(C) To throw or deposit any offal or other offensive matter, or the carcass of any dead animal in any watercourse, lake, pond, spring, well or common sewer, street or public highway.(D) To corrupt or render unwholesome or impure the water of any spring, river, stream, pond or lake, to the injury or prejudice of others.(E) To obstruct or encroach upon public highways, private ways, streets, alleys, commons, landing places and ways to burying places.(F) To erect, continue or use any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, offensive smells or otherwise, is offensive or dangerous to the health of individuals, or of the public.(G) To advertise wares or occupation by painting notices of the same on, or affixing them to fences, walls, windows, building exteriors, utility poles, or on hydrants, other public or private property, or on rocks or other natural objects, without the consent of the owner, or if in the highway or other public place, without permission of the proper authorities.(H) To harass, intimidate or threaten any person who is about to sell or lease or has sold or leased a residence or other real property or is about to buy or lease or has bought or leased a residence or other real property, when the harassment, intimidation or threat relates to a person's attempt to sell, buy or lease a residence, or other real property, or refers to a person's sale, purchase or lease of a residence or other real property.(I) To dump, abandon, deposit, dismantle or burn upon any public property or right-of-way, highway, park, street or parkway anywhere in the Village any trash, garbage, ashes, junk, junked or wrecked motor ve

If the person so served and notified does not abate the nuisance within the specified reasonable time, the corporate authorities may proceed to abate the nuisance in any or all manner allowable by law, including, without limiting the generality thereof, the following:(A) Seeking to impose a penalty pursuant to Chapter 18 of this Code or, for nuisances related to the use of property as a short-term rental property, one or both of the following penalties:[Amended 9-15-2020 by Ord. No. 2020-3488](1) A fine, imposed upon one or both of the owner and operator of the property, in the amount set forth in the Annual Fee Resolution;[1] and[1]Editor's Note: See Ch. A25, Fees.(2) Incarceration seeking to impose a penalty of incarceration in a penal institution upon the operator of the short-term rental property for a period not to exceed six months.(B) Seeking to enjoin the continuation of the nuisance by the filing of a lawsuit in a court of competent jurisdiction.

ABANDONED SIGN A sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product or activity conducted or product available on the premises on which the sign is displayed.ABUTTo touch, to lie immediately next to, to share a common wall or lot line, or to be separated by only a street, alley, or right-of-way.ACCESSORY BUILDINGA detached subordinate building or a portion of a principal building, the use of which is incidental to that of the dominant use of the principal building.ADJOININGTouching or contiguous, as distinguished from lying near or adjacent.ADULT USE CANNABIS BUSINESS ESTABLISHMENTSAdult use cannabis businesses, including, but not limited to: adult use cannabis cultivation centers, adult use cannabis dispensaries, cannabis craft growers, cannabis infusers, and cannabis processors.[Added 9-3-2019 by Ord. No. 2019-3418]ADULT USE CANNABIS CULTIVATION CENTERSA facility operated by an organization or business that is licensed by the Department of Agriculture to cultivate, process, transport, and perform other necessary activities to provide cannabis and cannabis-infused products to adult use cannabis business establishments.[Added 9-3-2019 by Ord. No. 2019-3418]ADULT USE CANNABIS DISPENSARYA facility operated by an organization or business that is registered by the Illinois Department of Financial and Professional Regulation to acquire cannabis from a cannabis cultivation center, cannabis craft grower, cannabis processor, or another cannabis dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies for recreational, nonmedicinal purposes to purchasers other than registered qualifying patients under the Illinois Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.).[Added 9-3-2019 by Ord. No. 2019-3418]ADVERTISING VEHICLESigns painted or attached directly to a vehicle for advertising purposes when the vehicle is used primarily for advertising purposes and not for transportation.ALLEYAny right-of-way, with a width of not less than 16 feet nor more than 24 feet, which affords a secondary means of vehicular access to abutting properties. A street shall not be considered an alley.ALTERATIONAny change in size, shape, occupancy or use of a building or structure.ANIMAL GROOMING, SALES and SERVICEAny place or establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value or health and for which a fee is charged.ANIMAL HOSPITAL and VETERINARY OFFICEA building or portion thereof designed or used for the care, observation or treatment of domestic animals.ANIMAL SHELTER/KENNELA facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other n

[Amended 3-20-2012 by Ord. No. 2012-2993](1) Specific standards for R Districts: Specific minimum and maximum standards for lots, buildings, bulk, density and yards in the Residential Districts are listed in Sections 4.14 and 4.15 of this Zoning Ordinance.(2) Minimum architectural standards: shall be required in Article VI (Site Development Standards) of this ordinance.(3) Reasonable accommodations procedure.a. Purpose: The purpose of this Section 4.06(3) is to provide a procedure to request reasonable accommodation from the strict application of the regulations of this Zoning Ordinance for persons seeking equal access to housing under the Fair Housing Act, 42 U.S.C. § 3602(h)(1), as may be amended ("FHA"), and who have disabilities or handicaps as defined by the FHA.b. Applicability: A request for reasonable accommodation may be made by any person with a disability or handicap, as defined by the FHA, or by an entity acting on behalf of a person or persons with disabilities or handicaps, to provide or secure equal opportunity to use and enjoy housing within the Village when the normal application of this Zoning Ordinance would act as a barrier to such equal opportunities. A request for reasonable accommodation may consist of either: (i) a request to locate and operate a community residence in a residential district of the Village; or (ii) a request for a modification or exception to the regulations of this Zoning Ordinance when such modification or exception is necessary to eliminate regulatory barriers and provide a person with a disability or handicap with equal opportunity to use and enjoy housing in the Village. Requests for reasonable accommodation shall be made in the manner prescribed by Section 4.06(3)(c) of this Zoning Ordinance.c. Application requirements:i. Application: Requests for reasonable accommodation shall be submitted on an application form provided by the Village and shall contain the following information:(A) The applicant's name, address, and telephone number;(B) The street address and legal description of the property for which the request is being made;(C) The current actual use of the property for which the request is being made;(D) The zoning regulation or regulations from which the reasonable accommodation is being requested, if applicable;(E) A statement from the applicant describing the basis for the claim that the individual (or group of individuals, if application is made by an entity acting on behalf of a person or persons with disabilities or handicaps) is considered disabled or handicapped under the FHA;(F) A statement as to why the requested accommodation is financially, therapeutically, or otherwise necessary to afford a handicapped or disabled person equal opportunity to use and enjoy housing in the Village; and(G) Documentation supporting the financial, therapeutic, or other necessity for the accommodation.ii. Additional information for proposed community residences: The following additional information shall

(1) Specific standards for B-Districts. Specific minimum and maximum standards for lots, buildings and yards in the B Districts are listed in Table 4.13, Bulk and Setback Standards, of this Zoning Ordinance.(2) Restricted uses. Nonresidential uses in a business/residential mixed use building within the boundaries of the Business/Residential Transition Area of the Lincoln Avenue Overlay District (as defined in Article VIII, B, of this ordinance) shall meet the following requirements:a. All nonresidential uses shall not exceed 2,500 square feet in gross floor area;b. All nonresidential uses shall be located on the ground floor;c. Commercial uses in a business/residential mixed-use building shall be restricted to uses, including, but not limited to, the following:i. Artist gallery or studio;ii. Beauty salon or barbershop;iii. Cafe or restaurant, without drive-through;iv. Dry-cleaners, pick-up only;v. Massage therapy or other health-related establishment;vi. Office, general or professional;vii. Office, medical;viii. Specialty retail shop; andix. Other uses which are found by the Plan Commission/Zoning Board of Appeals to be similar to permitted and special uses in the B-1 District.[Amended 11-19-2024 by Ord. No. 2024-3804]d. The following commercial uses in a business/residential mixed-use building shall be prohibited within the Business/Residential Transition Area:i. Auto/light truck sales and service;ii. Catering service;iii. Convenience storeiv. Grocery store;v. Liquor store;vi. Tattoo parlor; andvii. Pub, bar, or lounge.(3) Transitional yard. Wherever a business or office district abuts a residentially zoned lot, and the district is not separated from the residentially zoned lot by a street, a transitional yard shall be maintained. Transitional yards shall meet the following requirements:[Amended 3-7-2023 by Ord. No. 2023-3666]a. Buildings setback buffer. All structures on a B-1, B-2, or B-3 zoned lot that adjoins a residential district must be set back a distance that is equal to or greater than the side or rear yard setback requirement for the adjacent R-zoned lot, but not less than 10 feet. If the B-zoned property abuts two different R Districts, then the greater setback shall apply. If an alley separates the B-zoned lot from a residential district, the otherwise-required setback may be reduced by eight feet. b. Landscape buffer. A landscape buffer must also be provided. This buffer shall extend the length of the lot line or segment of the lot line that abuts the residential district, and shall be at least eight feet wide or where screening consists of a masonry wall, a minimum width of five feet. If an alley separates the B-zoned lot from a residential district, the width of the required landscape buffer may be reduced to the distance between the building on the business or office district lot and the lot line. (See landscape buffer and screening requirements in Section 6.16 of this Zoning Ordinance).c. Buffer restrictions. The landscape buff

A.   Artisan

On-site production of goods by hand manufacturing, involving the use of hand tools or small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations or storage. Typical uses include woodworking and cabinet shops, ceramic studios, jewelry manufacturing or similar types of arts and crafts or very small-scale manufacturing uses that have no negative external impacts on surrounding properties. Artisan may include accessory workshops, classes, and other instructional services.

B.   Data Center

A repository that houses computing facilities like servers, routers, switches or firewalls, as well as supporting components like backup equipment, fire suppression facilities or air conditioning.

C.   Limited Industrial

Manufacturing or industrial uses that prepare, process, fabricate, assemble, treat or package finished parts or products without the use of explosive or petroleum materials. Uses in this subcategory do not involve the assembly of large equipment or machinery and have very limited external impacts in terms of noise, vibration, odor, hours of operation and truck or commercial vehicle traffic. Limited industrial specific use types are as follows:

1.   Electronics Industries

Manufacturing or industrial uses that prepare, process, fabricate, assemble, treat or package electronics.

2.   Brewing, Distilling, or Winemaking

The on-site production of liquor, beer, wine, or other alcoholic beverages.

3.   Catering Services

Preparation of food or meals on the premises, and where such food or meals are delivered to another location for consumption. The preparation of packaged food for wholesale purposes shall be classified in the limited industrial use subcategory.

D.   Recyclable Material Drop-Off Facility

An establishment that accepts consumer recyclable commodities directly from the consuming party or stores them temporarily before transferring them to recyclable material processing facilities. Recyclable commodities shall be limited to non-hazardous, nonspecial, homogeneous, nonputresable materials such as dry paper, glass, cans or plastic. The term “recyclable material drop-off facility” as used in this Zoning Ordinance shall not include general construction or demolition debris facilities, as defined in 415 ILCS 5/3.160, and/or transfer stations, as defined by 415 ILCS 5/3.500, facilities located within a structure principally devoted to another use, facilities temporarily located on a zoning lot under authority of a temporary use, and facilities for collecting used motor oil which are necessary to a motor vehicle service station. Establishments that process recyclable material are classified as “recyclable material processing facilities.”

E.   Recyclable Material Processing Facility

Establishments that receives and processes consumer recyclable commodities for subsequent use in the secondary market.

F.   Self-Storage Facility

The rental or leasing of indoor storage spaces for indivi

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY. The City of Lockport.

HOTEL ACCOMMODATIONS; MOTEL ACCOMMODATIONS. Any building(s) or structure, or portion thereof, kept, used, maintained, advertised and held out to the public to be a place where lodging, or lodging and food, or apartments, or suites, or other accommodations are offered for a consideration to guests, including but not limited to such buildings or structures, or portions thereof, booked through online travel companies, businesses or websites. The term includes, but is not limited to, short-term rentals, inns, motels tourist homes or courts, lodging houses, bed and breakfast homes, rooming houses and apartment houses, including but not limited to any buildings or structures, or portions thereof, booked through online travel companies, businesses or websites, including on airbnb.com, vbro.com, craiglist.org or similar websites. Such building or buildings may sometimes be referred to herein as a FACILITY or HOTEL . A HOTEL OR MOTEL ACCOMMODATION is sometimes referred to herein as a HOTEL ROOM or ROOM . The term does not include a room in a dormitory operated by a religious organization, school, college or university for use by its students, faculty, or staff.

HOTEL OR MOTEL ROOM. A room within a structure offered for rental on a daily basis and containing facilities for sleeping.

OWNER. Any person having an ownership interest in or conducting the operation of a hotel or receiving the consideration for the rental of such hotel room.

PERMANENT RESIDENT. A person who occupies or as rented any hotel or motel room for at least 30 consecutive days.

RESIDENT EMPLOYEE. Any person who works and lives in the same hotel.

TAX COLLECTOR. An owner maintaining a place of business in the city.

(Ord. 13-004, passed 3-6-13; Am. Ord. 18-047, passed 12-5-18)

(A) Use of definitions. In the construction of this code, the definitions contained in this chapter shall be observed and applied, except when the context clearly indicates otherwise.

(B) Definitions. The following words and terms, when used in the interpretation and administration of this chapter, shall have the meaning set forth except where otherwise specifically indicated. Words and terms not defined here shall be defined as specified in Webster’s New Collegiate Dictionary.

ABANDONMENT. An action to give up one’s rights or interests in property. A use that has not conducted regular, lawful business operations for a period that is the greater amount of time as specified in this chapter or six consecutive months, whichever is shorter.

ABUTTING. See ADJACENT .

ACCESSIBLE PARKING. Parking provided in compliance with the State of Illinois Accessibility Code and the Americans with Disabilities Act of 1990 (ADA), as so amended.

ACCESSORY STRUCTURE. A structure, detached or attached, that is located on the same lot as the principal structure, and is subordinate and customarily incidental to the use of the principal structure. The structure is smaller in size than the principal building and contributes to the comfort, convenience or necessity of the occupants of the principal structure.

ACCESSORY USE. A use that is subordinate in area, extent and purpose to the principal use; contributes to the comfort, convenience or operation of the principal use; and is located on the same lot as the principal use.

ACRE. A measure of land containing 43,560 square feet.

ADJACENT. The condition of sharing a common property line, being located in the immediate vicinity, or being located directly across a street.

ADJOINING. The condition of being contiguous or sharing a common property line.

ADULT BOOKSTORE. An establishment having as more than 25% of its stock and trade in books, films, video cassettes (whether for viewing off premises or on premises), or magazines and other periodicals that are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.

ADULT CABARET. A cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.

ADULT ENTERTAINMENT. Any exhibition of any adult-oriented motion pictures, live performance, display or dance of any type, which has, as a significant or substantial portion of such performance, any actual or simulated performance of specified sexual activities, or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomime, modeling or any other personal service offered customers.

ADULT MOTION PICTURE THEATER. An enclosed building with a capacity of 50 or more persons regularly used for presenting material having as a dominant theme, or presenting material distinguished or characteriz

No principal building, structure or land use shall be permitted except in the zoning districts indicated and for the purposes permitted in the following tables. Each use is mutually exclusive and does not encompass other uses listed in the table. A principal use listed in the table in any district denoted by the letter "P" is permitted by right, provided all other requirements of state law, this chapter, and all other applicable ordinances and regulations have been met. A principal use listed in the table in any district denoted by the letter "S" is a special use and permitted only subject to the provisions of § 156.124. A principal building structure or use not indicated by either "P" or an "S" is not permitted in that district. When classification of a use is not clear, the determination of the closest comparable use rests with the Zoning Administrator. A use that is not listed or is not denoted by the letter "P" or "S" shall be prohibited unless lawfully established as a nonconforming use.

LAND USE TABLE

An application for a short term rental shall be made in accordance with Chapter 110 and shall also contain the following information:

(A)   The applicant's relationship to the property for which the short term rental license is sought.

(B)   If the applicant is not the owner of the premises, the applicant shall provide a signed and notarized letter from all owners of record indicating their permission and authorization for the premises to be used as a short-term rental premises. The applicant must also attach a copy of the lease or other document indicating his or her interest in the premises.

(C)   The name, address, telephone number, and email address of an emergency contact that lives within 20 miles of the subject property, is over the age of 18, and has authority to make decisions about the property in the event of an emergency.

(D)   The names and websites of all platforms the licensee will advertise the short term residential rental, including but not limited to AirBNB, VRBO, Facebook, etc.

(E)   If the premises is a part of an association, the applicant must affirm that the short-term residential rental of the premises is in compliance with all association requirements and not otherwise prohibited.

(Ord. 24-O-2388, passed 5-15-2024) Penalty, see § 110.99

(A)   It shall be unlawful for anyone to lease, rent, offer or invite the leasing or renting, or to otherwise permit the short-term rental and/or occupancy of any residential dwelling unit located within the city for less than six months without first obtaining a short-term residential rental license as provided herein.

(B)   It shall be unlawful for anyone to post false or misleading information in an advertisement for a short-term residential rental.

(C)   Each owner of a short-term residential rental shall be required to immediately notify the Building and Housing Department upon any police activity at the residential property.

(D)   Each owner of a short-term residential rental shall keep accurate records of each booking and stay of their residential property including the names of the tenants, the rent listed, the rent paid, the number of nights, and the dates of occupancy. These records shall be open to inspection by the city.

(Ord. 24-O-2388, passed 5-15-2024) Penalty, see § 110.99

A short term residential rental license may be suspended or revoked pursuant to Chapter 110 of this code and/or for:

(A)   Any of the following criminal activity:

(1)   Any local, state or federal law prohibiting the manufacture, distribution, delivery, use or possession of a controlled substance including, but not limited to the Illinois Controlled Substances Act, the Illinois Cannabis Control Act, and the Illinois Drug Paraphernalia Control Act;

(2)   Prostitution-related activity;

(3)   Gang-related activity;

(4)   Violent acts involving the discharge of a firearm, death or serious bodily injury to any person; or

(5)   Disturbance of the peace, public drunkenness, drinking in public, harassment of a passerby, loitering, public urination, unlawful garbage or waste disposal, gambling, lewd conduct, or excessive noise.

(B)   Use of the residential property for commercial persons including charging an admission fee for entry

(C)   Exceeding the design load or maximum occupancy of any structure located on the residential property.

(D)   Use of the residential property for a party, amusement, event, or other gathering in excess of the maximum occupancy limits.

(E)   Misrepresenting any material facts regarding the short-term residential rental in any listing, to any tenant or prospective tenant or to the city.

(F)   Providing alcohol to any guest or invitee to a guest.

(G)   Rental of a short-term residential rental unit for less than 12 hours.

(H)   Rental of a short-term residential rental unit to more than one booking within 48 hours.

(I)   Advertising less than the minimum rental period.

(J)   Multiple bookings or rentals of any short-term residential rental for the same or overlapping periods.

(K)   Rental of a short-term residential rental unit to individuals under the age of 21 years old.

(L)   Rental of a short-term residential rental unit in violation of the bylaws or association requirements.

(Ord. 24-O-2388, passed 5-15-2024) Penalty, see § 110.99

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

RENTAL PREMISES. All or part of a principal structure or accessory structure in a residentially zoned district being rented or otherwise let to person(s) other than the owner of the subject property.

RESIDENTIAL STRUCTURE. A residential structure located in a residential zoning district within the corporate limits of the Village of Matteson, as residential districts are defined in Chapter 150 of Zoning Regulations, as amended from time to time.

SHORT-TERM RENTAL. The accessory use and/or occupancy for a period of less than three months of a principal structure or accessory structure pursuant to a written or oral agreement which permits and/or provides for occupancy of all or part of such structure by any person other than the owner thereof, or an immediate family member of the owner thereof, and whether or not the permission of such occupancy is in exchange for consideration, therefore.

SHORT-TERM RESIDENTIAL RENTAL PROPERTY OWNER. The individual or entity which has title to the property which is the subject of a short-term residential rental.

(Ord. 4443, passed 2-16-2021)

It is the intent and purpose of this chapter (short-term residential rentals) to preserve the character and integrity of residential neighborhoods within the village by prohibiting residential structures from being used for the commercial purpose of providing short-term residential rentals.

(Ord. 4443, passed 2-16-2021)

(A)   Except as otherwise provided herein, leasing, renting, offering or inviting the leasing or renting, or otherwise permitting the short-term rental and/or occupancy of any dwelling and/or accessory structure located within the village for less than three consecutive months at a time shall be prohibited, with the exception of a hotel or similar establishment duly licensed by the village, and such conduct shall be prohibited, whether engaged in or participated in by the owner(s) of the property, one or more agent(s) of the property owner(s), and/or by any person(s) leasing, or seeking to lease as a lessor(s), or renting or seeking to rent as lessee(s) and/or otherwise occupy a premises as tenant(s) and/or temporary occupant(s) thereof.

(B)   The term of any lease or occupancy agreement which has satisfied the minimum term required by this section may be extended on a month to month basis on the condition that the tenant(s) remain(s) the same and the property is registered with the village as having obtained an appropriate business license.

(C)   Dwellings shall not be leased, or otherwise permitted to be occupied by other than the same tenant, more than two times during any consecutive 12-month period unless the rental agreement therefore has been terminated by reason of a tenant default.

(D)   The restrictions of this chapter shall be applicable whether the rental premises comprise(s) all or a part of the principal structure, or all or part of any accessory structure.

(E)   Whether or not consideration is exchanged for the lease and/or rental of a premises shall not affect the fact that the occupancy thereof is treated as a short-term rental for the purposes of this chapter if the definition thereof is otherwise applicable to such activity.

(F)   The property owner shall remain responsible for compliance with all applicable provisions of this code and/or the village zoning ordinance during the term of any rental and/or occupancy agreement and/or during the term of any occupancy of the rental premises by persons other than the property owner.

(G)   No temporary structure shall be permitted to be used for a short-term rental.

(H)   The prohibition on short-term rentals as herein provided shall not apply when the immediately preceding owner of a property maintains possession of the dwelling unit after closing on a real estate transaction for the sale thereof and leases said property back from the successor owner for a period of time pursuant to a written agreement.

(Ord. 4443, passed 2-16-2021)

Operation of any short-term residential rental within the Village of Matteson in violation of the provisions of this chapter may be deemed a public nuisance and abated pursuant to all available remedies, including but not limited to injunctive relief. In addition to the penalties provided for herein, the Village of Matteson shall be entitled to receive from the short-term residential rental owner reimbursement for the cost of the village's reasonable attorney fees, costs and expenses incurred by the Village of Matteson to abate a short-term residential rental operating as a public nuisance.

(Ord. 4443, passed 2-16-2021)

The notice of a violation of the provisions set forth or referenced in this chapter shall be served in any of the following manners:

(A)   Personal service of process by handing the notice of violation to the respondent, or their employees or agents, by any authorized Village of Matteson official, police officer; or code enforcement officer.

(B)   Personal service of process as authorized by the Illinois Code of Civil Procedure, 735 ILCS 5/2-203.

(C)   Mailing the notice by certified mail, return receipt requested to the respondent's last known address, or in the case of a business, to the address for the registered agent or the address for its principal place of business.

(D)   E-mailing the notice to the short-term residential rental owner's last known email address when the respondent is the short-term residential rental owner.

(E)   Posting the notice upon the property where the violation is found when the respondent is the short-term residential rental owner.

(Ord. 4443, passed 2-16-2021)

Any short-term residential rental owner or other person or entity who violates any of the provisions set forth or referenced in this chapter, shall be subject to the following penalties:

(A)   A fine of $1,000 for a first offense within a 12-month period, and a fine of $2,500 for a second or subsequent offense within a 12-month period.

(B)   Each day that a violation of this chapter continues shall be considered a separate and distinct offense and a fine shall be assessed for each day a provision of this chapter is found to have been violated. Notwithstanding the forgoing, the escalation of fines as set forth above shall not occur until a prior adjudication of a violation against the same individual or entity has been entered.

(C)   Continued violations of this chapter are subject to an injunction to enforce this chapter.

(Ord. 4443, passed 2-16-2021)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DEFAULT. That the mortgagor has not complied with the terms of the mortgage on the property, or the promissory note, or other evidence of the debt, referred to in the mortgage.

ENFORCEMENT OFFICER. Any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector, building inspector, or other person authorized by the village to enforce the applicable code(s).

EVIDENCE OF VACANCY. Any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to: overgrown and/or dead vegetation; past due utility notices and/or disconnected utilities; accumulation of trash junk or debris; abandoned vehicles, auto parts and/or materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail; statements by neighbors, passers-by, delivery agents or government agents; and/or the presence of boards over doors, windows or other openings in violation of applicable code.

FORECLOSURE or FORECLOSURE ACTION. The legal process by which a mortgagee, or other lien holder, terminates or attempts to terminate a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. The legal process is not concluded until the property obtained by the mortgagee, lien holder, or their designee, by certificate of title, or any other means, is sold to a non-related bona fide purchaser in an arm's length transaction to satisfy the debt or lien.

LANDLORD. One or more persons or entities, jointly or severally, including a mortgage holder in possession of real property, whom is vested all or part of the legal title to the premises or all or part of the beneficial ownership and a right to the present use and enjoyment of the premises, who rents, leases, or lets for consideration any rental property.

MORTGAGEE. The creditor, including but not limited to, trustees; mortgage servicing companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement; or any other person or entity with the legal right to foreclose on the real property, excluding governmental entities.

OWNER. Every person, entity, landlord, or mortgagee, who alone or severally with others, has legal or equitable title to any real property as defined by this chapter; has legal care, charge, or control of any such property; is in possession or control of any such property; and/or is vested with possession or contro

Effective January 1, 2025, the fees for the short-term rental of village facilities shall be as follows:

A. Party Room Rentals. Party rooms must be rented for a minimum of four hours. 1. Village residents shall pay seven hundred fifty dollars ($750.00) for a four-hour rental with a three hundred dollar ($300.00) deposit, for a total cost of one thousand fifty dollars ($1,050.00). The resident may rent the party room for an additional amount of time at a rate of one hundred dollars ($100.00) per hour. 2. Non-village residents shall pay one thousand one hundred dollars ($1,100.00) for a four-hour rental with a three hundred dollar ($300.00) deposit, for a total cost of one thousand four hundred dollars ($1,400.00). The [non-village] resident may rent the party room for an additional amount of time at a rate of one hundred dollars ($100.00) per hour.

B. Gym. 1. The village gym may be rented for one hundred dollars ($100.00) per hour on any weekday (Monday through Friday). 2. The village gym may be rented for one hundred twenty-five dollars ($125.00) per hour on any weekend (Saturday and Sunday).

C. Football Field. 1. The football field may be rented for one hundred seventy-five dollars ($175.00) per hour, without the use of the field lights. 2. The football field may be rented for two hundred dollars ($200.00) per hour, with the use of the field lights.

D. Ruby Field. Ruby Field may be rented for two hundred dollars ($200.00) per game.

(Ord. No. 2569, Art. II, § 10, 11-25-2024)

Unless the context otherwise requires, words and phrases are used in this chapter in the sense given them in this chapter. "Residential structure" means a residential structure located in a residence zoning district within the corporate limits of the village, as residence districts are defined in Title 17 hereof, as amended from time to time. Residential structures shall include any residential structure or rooms, room, or other unit thereof designed, occupied, or intended for occupancy as separate living quarters for the exclusive use of a single household. "Short-term residential rental" means a residential structure, as defined herein, offered for rent through a website or online marketplace as a transient, tourist, vacation, homeshare, or otherwise impermanent residence. Short-term residential rental shall not include any single-family dwelling, two-family dwelling, six-flat residence dwelling, six-unit condominium building, or multiple-family dwelling, or any unit thereof, duly licensed and rented exclusively for purposes of permanent residence, nor shall it include any hotel, motel, group home, community home, or any unit thereof, duly licensed for purposes of impermanent residence. "Short-term residential rental property owner" means the individual or entity which has title to the property which is the subject of a short-term residential rental.

(Ord. No. 2382, § 5, 4-26-2021; Ord. No. 2454, § 10, 7-11-2022)

It is the intent and purpose of this chapter to preserve the character and integrity of residential neighborhoods within the village by prohibiting residential structures from being used for the commercial purpose of providing short-term residential rentals.

(Ord. No. 2382, § 5, 4-26-2021)

A. It shall be unlawful for any person or entity to operate, use, offer for rent or use, or advertise for rent or use, any property within the village as a short-term residential rental, except as set forth in subsection 5.160.030.B. below.

B. Notwithstanding the provisions set forth in subsection 5.160.030.A. above, it shall not be considered a short-term residential rental when the preceding owner of a property maintains possession of a residential structure after closing for the sale thereof, but leases the property back from the successor owner for a period of time pursuant to a written agreement.

(Ord. No. 2382, § 5, 4-26-2021)

Operation of any short-term residential rental within the village in violation of the provisions of this chapter may be deemed a public nuisance and abated pursuant to all available remedies, including but not limited to injunctive relief. In addition to the penalties provided for herein, the village shall be entitled to receive from the short-term residential rental owner reimbursement for the cost of the village's reasonable attorney fees, costs and expenses incurred by the village to abate a short-term residential rental operating as a public nuisance.

(Ord. No. 2382, § 5, 4-26-2021)

Any short-term residential rental owner or other person or entity who violates any of the provisions set forth or referenced in this chapter, shall be subject to the following penalties:

A. A fine of one thousand dollars ($1,000.00) for a first offense within a 12-month period, and a fine of two thousand five hundred dollars ($2,500.00) for a second or subsequent offense within a 12-month period.

B. Each day that a violation of this chapter continues shall be considered a separate and distinct offense and a fine shall be assessed for each day a provision of this chapter is found to have been violated. Notwithstanding the forgoing, the escalation of fines as set forth above shall not occur until a prior adjudication of a violation against the same individual or entity has been entered.

C. Continued violations of this chapter are subject to an injunction to enforce this chapter.

(Ord. No. 2382, § 5, 4-26-2021)

The notice of a violation of the provisions set forth or referenced in this chapter shall be served in any of the following manners:

A. Personal service of process by handing the notice of violation to the respondent, or their employees or agents, by any authorized village official, police officer, or code enforcement officer.

B. Personal service of process as authorized by the Illinois Code of Civil Procedure, 735 ILCS 5/2-203.

C. Mailing the notice by certified mail, return receipt requested to the respondent's last known address, or in the case of a business, to the address for the registered agent or the address for its principal place of business.

D. Emailing the notice to the short-term residential rental owner's last known email address when the respondent is the short-term residential rental owner.

E. Posting the notice upon the property where the violation is found when the respondent is the short-term residential rental owner.

(Ord. No. 2382, § 5, 4-26-2021)

A. Table 7-1: Use Matrix identifies the principal uses allowed within each zoning district.

B.   P indicates that the use is permitted by-right in the district. S indicates that the use is a special use in the district and requires special use approval. If a cell is blank, the use is not allowed in the district.

C.   The following use restrictions apply:

1.   Large stables (defined in Article 2) are not allowed pursuant to the provisions of Chapter 12, “Animal Regulations,” of the Mettawa Code of Ordinances. Only large stables allowed and existing pursuant to special use ordinance, applicable court order, or court approved agreement, adopted and existing prior November 21, 2023 may continue, subject to the provisions of Section 15.1303.

2.   Manufactured homes and manufactured home parks (defined in Article 2) are not allowed. Travel trailers are prohibited for use as a dwelling.

3.   Short-term rentals and bed and breakfasts (defined in Article 2) are not allowed.

4.   Kennels (defined in Article 2) are not allowed.

Table 7-1: Use Matrix

(Ord. 885, passed 11-21-2023)

Where applicable, all principal uses are required to comply with all use standards of this section, whether a permitted or special use, in addition to all other regulations of this Chapter.

1.   A.   Adult Uses.

1.   No adult use is permitted within 500 feet of another existing adult use.

2.   No adult use is permitted within 250 feet of any residential district.

3.   No adult use is permitted within 250 feet of a place of public assembly.

4.   No adult use shall be permitted upon any premises licensed to sell alcoholic liquor.

5.   No adult use may be conducted in any manner that permits the observation of any material depicting, describing, or relating to specified anatomical areas or specified sexual activities from any public way. This applies to all displays, decorations, signs, show windows, and other openings.

B.   Office and Light Industrial Park.

1.   Industrial facilities within an office and light industrial park must be conducted wholly within an enclosed building.

2.   No outside storage is permitted.

3.   Industrial uses must not produce any outside impacts.

C.   Places of Public Assembly.

1.   Dimensional Standards. The following dimensional standards apply to places of public assembly. If any provisions of this section are inconsistent or in conflict with any other provision of this Chapter, the provisions of this section control.

2.   Intensity of Use. All public assembly special uses must be noncommercial operations that are operated on a not-for-profit basis and at least 50% of the total gross floor area of any building utilized as a place of public assembly must be nonassembly space.

3.   Circulation.

a.   Traffic flow must be designed to ensure the least possible impact on neighboring properties and residential streets. To that end, a place of public assembly must:

i.   Be located adjacent to and take its access from and have egress to a major arterial street or a collector street as identified in the Comprehensive Plan of the Village of Mettawa.

ii.   Not be operated in an existing single-family residence.

b.   The permittee and the owner of the proposed assembly use are responsible for all needed improvements to ensure safe traffic conditions are maintained and must provide a traffic study to demonstrate that this provision has been met.

c.   Traffic management by uniformed persons authorized to direct traffic, such as police officers, must be provided by the permittee during peak traffic flows and at other times during which the Zoning Administrator finds that additional police presence will ensure safe ingress to and egress from the site of public assembly.

4.   Landscape. Adequate landsca

A.   Temporary Use Permit.

1.   Purpose. A temporary use permit allows for the short-term use and/or placement of structures on a lot. The temporary use permit regulates temporary uses that occur entirely on and within a lot. Temporary uses located within the public right-of-way are not regulated by this section. Temporary uses cannot include the construction or alteration of a permanent structure.

2.   Initiation. A property owner, or person expressly authorized in writing by the property owner, may initiate a temporary use permit application,

3.   Authority. The Zoning Administrator will review and make final decisions on temporary use permit applications.

4.   Procedure. All applications for temporary use permit must be filed with the Zoning Administrator, The Zoning Administrator will render a decision on the temporary use permit within 30 days of the date the application is deemed complete. The Zoning Administrator must review and evaluate the application, pursuant to the standards of this section, and approve, approve with conditions, or deny the application.

5.   Expiration. The temporary use permit is valid only for the time period granted as part of the approval.

B.   General Standards. All temporary uses must be evaluated against the following standards, as well as any standards specific to the temporary use per item C. below:

1.   The temporary use does not cause, or threaten to cause, an on-site or off-site threat to the public health, safety, and welfare.

2.   If required by the Village, the operator of the temporary use must employ appropriate security personnel.

3.   The temporary use does not conflict with another previously authorized temporary use.

4.   The temporary use provides adequate parking if needed, if located on a lot with an operational principal use, does not impact the parking and site circulation of the principal use.

C.   Permitted Temporary Uses. The following temporary uses are permitted subject to the standards for each and the standards of item B. above. A temporary use permit is required unless the standards specifically state otherwise.

1.   Residential Real Estate Development Sales Office and Model Unit.

a.   Model Home.

i.   The model home must be associated with the sale or rental of homes within the development in which it is located.

ii.   A model home must be closed after 90% of the lots or units are sold and/or rented.

b.   Residential Real Estate Development Sales Office.

i.   A development is limited to one temporary stand-alone real estate sales office, which cannot exceed 1,000 square feet in gross floor area and cannot be located in any required setback.

ii.   All standalone real estate sales offices must be closed and removed within 30 days after the sale or rental of the last unit of the development.

2.   Temporary Contractor's Office and Contractor's Yard.

a.   A temporary contractor's office is allowed incidental to a construction project and must be located upon the same l

The following words and terms unless otherwise noted, wherever they occur in this title, shall be construed as herein defined: ABUT/ADJOINING: Touching or contiguous; having a common property line or district line. ACCESS: The right to enter or leave a tract of land from a public way or from one property to another. ACCESSORY BUILDING OR STRUCTURE: A detached building or structure on the same site with and of a nature subordinate to the principal building or structure. ACCESSORY USE: A subordinate use which is clearly and customarily incidental to the principal use of the building or premises and which is located on the same lot as the principal building or use, except for such accessory parking facilities as are specifically authorized to be located elsewhere. ACCESSWAY: A defined means of ingress and egress to a property. ADJACENT: Next to. ADMINISTRATIVE OCCUPANCY PERMIT: A permit issued by the building commissioner which allows the use of a residential structure as a community residence in accordance with the approved plans and specifications and which certifies compliance with the provisions of the law for the use of the structure together with any special stipulations or conditions as required by this title. ADULT BOOKSTORE: A business establishment having substantial or significant portion of its stock in trade, books, magazines, films for sale, rent or other distribution and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas". ADULT ENTERTAINMENT FACILITIES: Any or all of the following: adult bookstore, adult live establishment, and adult theater. ADULT LIVE ENTERTAINMENT: A nightclub, theater, or other business establishment which permits live performances by topless and/or bottomless dancers, go-go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". ADULT THEATER: A business establishment in an enclosed building used for presenting motion picture films, videocassettes, cable television, or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as hereafter defined for observation by patrons therein. ALLEY: A right of way which affords a secondary means of vehicular access to abutting property. An alley shall not be considered a street. ALTERATION: A change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another. AMORTIZATION: Process by which a designated nonconformity must be discontinued or made to conform to requirements of a code at the end of a specified period of time. AMUSEMENT DEVICES, COIN OPERATED

Statement Of Purpose: The regulation of the commercial districts is intended to control the development of commercial uses needed to provide the people of the Village with goods and services. The regulation of these uses is based upon their impact on public facilities and their compatibility with other types of uses. Protection of the capacity and safety characteristics of the thoroughfare system and preservation of the residential neighborhoods of the Village are paramount. Three (3) zoning districts are provided for commercial activity. Types of use permitted or allowed as a special use, maximum floor area ratios, and building height regulations apply in all commercial zoning districts. The three (3) zoning districts provide a broad range of opportunity for the development and preservation of commercial activity within the Village. General Standards: The following standards apply to all commercial zoning districts: All goods produced on the premises shall be sold at retail on the premises. All permitted use transactions, servicing or processing, except off street parking and loading and open sales lots, shall be conducted within completely enclosed buildings. All unpaved open areas on a developed lot shall be landscaped and maintained according to the standards set forth in chapter 11, "Landscaping And Trees", of this title. A solid fence not less than six feet (6') nor more than seven feet (7') in height shall be constructed and maintained along all lot lines abutting a residential zoning district, except where a public street or alley separates the districts. Lighting of parking and loading areas shall be a minimum of one foot-candle on the surface. Such lighting shall be confined to the property boundary reaching as close to zero illumination at the property boundaries as possible and glare shall not be evident from surrounding properties or adjacent public rights of way. Lighting shall remain at full intensity for one hour after the normal closing hour and shall then be reduced in intensity or extinguished at the discretion of the property owner or manager. Lighting shall meet the lighting requirements in chapter 10, "Utilities", of this title, which are available from the public works department. Light pole and fixture design shall be in accordance with the requirements set forth in chapter 12, "Design Standards", of this title. Description Of Districts: C-1 General Commercial District: The C-1 general commercial district is intended to provide for the full range retail activity and commercial activity serving the Village. This district promotes public convenience and business prosperity for the highest intensity area of retail, commercial, financial, and service facilities, as further promoted by the Waukegan Road and Dempster Street corridor master plans. Facilities required to serve the needs of governmental, educational, and recreational uses and those of a limited range of commercial uses with special performance characteristics may b

All accessory structures and uses shall be subject to the requirements of this section and the requirements of Section 20.52.060 (Permitted Encroachments) below. Additional accessory structures not regulated in this section may be regulated in Section 20.52.060 (Permitted Encroachments) below.

A. Accessory Structures—General Regulations. All accessory structures shall be subject to the following regulations, in addition to any other regulations within this chapter and this title. 1. No accessory structure shall be constructed prior to construction of the principal building to which it is accessory. 2. The accessory structure is customarily incidental and subordinate to and serves a principal use established on the same zoning lot. 3. The accessory structure is subordinate in area, floor area, intensity, extent, and purpose to the principal building, structure, or use. 4. The accessory structure is located on the same zoning lot as the principal building, structure, or use served. 5. The accessory structure does not exceed maximum impervious surface area for the zoning district. 6. Only those accessory structures permitted by this section or Section 20.52.060 (Permitted Encroachments) are permitted in required yards. 7. The maximum height of any detached accessory structure shall be measured from the floor of the structure to the peak of the roof, unless otherwise allowed by this title.

No detached accessory structure shall exceed fifteen feet, unless otherwise permitted or limited by this title. 8. All accessory structures must be located a minimum of five feet from any rear lot line and three feet from an interior side lot line, unless otherwise permitted by this title. On a reverse corner lot, no accessory building shall be located in the reverse corner side yard, nor nearer than five feet to the side lot line of the adjacent lot. 9. On residential lots each accessory structure may not exceed one hundred forty-four square feet in floor area unless otherwise specified by this title. Exceptions to this include decks and patios; however, these are subject to the impervious surface requirements. 10. For the open space and institutional zoning districts, accessory structures are permitted in any yard except the required front yard. 11. Accessory structures are permitted for nonresidential uses. Materials must be complementary to the primary structure.

B. Amateur (HAM) Radio Equipment. 1. Towers that solely support amateur (HAM) radio equipment and conform to all applicable performance criteria as set forth in Section 20.52.080 (Environmental Performance Standards) shall be permitted only in the rear yard, and shall be located ten feet from any lot line. Towers shall not exceed the maximum building height of the applicable district by more than ten feet, unless a taller tower is technically necessary to engage successfully in amateur radio communications in accordance with subsection (B)(3) below. 2. Antenna may be ground-, building- or roof-mount

Adult Use. See Section 5.80.010 (Definitions) of the village code for "adult use" definitions. "Adult-use cannabis business establishment" means an adult-use cannabis cultivation center, craft grower, processing organization or processor, infuser organization or infuser, dispensing organization or transporting organization or transporter. "Adult-use cannabis craft grower" means 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 or processor, 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" means 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" means 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" means 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" means 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 transporting organization or transporter" means an organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on

For the purpose of this Chapter, the following words as used herein shall be construed to have the meanings herein ascribed:

(Ord. No. 85-63, 4-1-1985, eff. 5-1-1985; Ord. No. 18-011, § 2, 2-6-2018)

The following words and phrases shall, for the purposes of this Chapter, have the meanings respectively ascribed to them by this Section, as follows:

It is the intent and purpose of this Chapter (Short-Term Residential Rentals) to preserve the character and integrity of residential neighborhoods within the City by prohibiting residential structures from being used for the commercial purpose of providing short-term residential rentals.

(Ord. No. 20-087, § 2, 8-18-2020)

1. It shall be unlawful for any person or entity to operate, use, offer for rent or use, or advertise for rent or use, any property within the City of Naperville as a short-term residential rental, except as set forth in Subsection 3-18-3:2 below. 2. Notwithstanding the provisions set forth in Subsection 3-18-3:1 above, it shall not be considered a short-term residential rental when the preceding owner of a property maintains possession of a residential structure after closing for the sale thereof, but leases the property back from the successor owner for a period of time pursuant to a written agreement.

(Ord. No. 20-087, § 2, 8-18-2020)

Operation of any short-term residential rental within the City of Naperville in violation of the provisions of this Chapter may be deemed a public nuisance and abated pursuant to all available remedies, including but not limited to injunctive relief. In addition to the penalties provided for herein, the City of Naperville shall be entitled to receive from the short-term residential rental owner reimbursement for the cost of the City's reasonable attorney fees, costs and expenses incurred by the City of Naperville to abate a short-term residential rental operating as a public nuisance.

(Ord. No. 20-087, § 2, 8-18-2020)

Any short-term residential rental owner or other person or entity who violates any of the provisions set forth or referenced in this Chapter, shall be subject to the following penalties: 1. A fine of one thousand dollars ($1,000.00) for a first offense within a 12-month period, and a fine of two thousand five hundred dollars ($2,500.00) for a second or subsequent offense within a 12-month period. 2. Each day that a violation of this Chapter continues shall be considered a separate and distinct offense and a fine shall be assessed for each day a provision of this Chapter is found to have been violated. Notwithstanding the forgoing, the escalation of fines as set forth above shall not occur until a prior adjudication of a violation against the same individual or entity has been entered. 3. Continued violations of this Chapter are subject to an injunction to enforce this Chapter.

(Ord. No. 20-087, § 2, 8-18-2020)

The notice of a violation of the provisions set forth or referenced in this Chapter shall be served in any of the following manners: 1. Personal service of process by handing the notice of violation to the respondent, or their employees or agents, by any authorized City of Naperville official, police officer; or code enforcement officer. 2. Personal service of process as authorized by the Illinois Code of Civil Procedure, 735 ILCS 5/2-203. 3. Mailing the notice by certified mail, return receipt requested to the respondent's last known address, or in the case of a business, to the address for the registered agent or the address for its principal place of business. 4. Emailing the notice to the short-term residential rental owner's last known email address when the respondent is the short-term residential rental owner. 5. Posting the notice upon the property where the violation is found when the respondent is the short-term residential rental owner.

(Ord. No. 20-087, § 2, 8-18-2020)

All uses found within Table 8-1 are defined in this section. Certain uses are defined to be inclusive of many uses. When a use meets a specific definition, it is regulated as such and is not regulated as part of a more inclusive use category.

Adult Use. Adult uses are defined as follows:

A. General Definitions 1. Adult Use. A business that sells or disseminates explicit sexual material, and/or at which access to the public display of explicit sexual material is restricted to persons 18 years of age or older. 2. Sexually-Oriented Activities. The following definitions describe the sexually-oriented activities contained within the general definitions for the above adult uses:

a. Sexually Oriented Devices. Any artificial or simulated specified anatomical area or other device or paraphernalia that is designed in whole or part for specified sexual activities.

b. Specified Anatomical Area. Less than completely and opaquely covered genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola, or human male genitals in a discernible turgid state, even if completely and opaquely covered.

c. Specified Sexual Activities. Any activity that includes human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; or fondling or erotic touching of human genitals, pubic regions, buttocks, or female breasts, even if completely or opaquely covered.

B. Adult Use: Retail 1. Adult Bookstore/Retail. A business which offers for sale or rent any of the following: publications, books, magazines, periodicals, photographs, films, motion pictures, video cassettes, DVD, or other video reproductions, or other visual representations that depict or describe specified sexual activities or specified anatomical areas, or instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities. C. Adult Use: Entertainment 1. Adult Arcade. A business where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines are used to show films, motion pictures, video cassettes, DVD, slides, computer generated graphics, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. 2. Adult Cabaret. A business that features dancers, go-go dancers, exotic dancers or similar entertainers, or live entertainment, in which persons regularly appear in a state of nudity, or where live performances are characterized by the exposure of specified anatomical areas or by specified sexual activities. Adult cabaret establishments specifically exclude minors, or minors are specifically prohibited by statute or ordinance, regardless of whether any such business is licensed to sell alcoholic beverages. 3. Adult Motion Picture Theater. A business used for presenting motion pictures that are distinguished

The intent and purpose of this article is to preserve the character and integrity of residential neighborhoods within the village by prohibiting residential structures and dwellings from being used for the commercial purpose of providing short-term residential rentals during the moratorium period set forth below and to ensure consistency with the those permitted uses set forth in the Village of Norridge Zoning Ordinance 1962 as amended from time to time.

(Ord. No. 2070-22, § 2, 4-27-22)

The following words and phrases shall, for the purposes of this article shall have the meanings respectively ascribed to them by this section, as follows:

Home occupation means those occupations set forth in in the Village of Norridge Zoning Ordinance 1962 as amended from time to time, and does not include short term residential rentals as defined herein. A short term residential rental is not a home occupation as defined in the Village of Norridge Zoning Ordinance 1962 as amended from time to time and such use is incompatible with the character of residential areas in the village.

Moratorium period means the period of time commencing May 1, 2022 and ending April 30, 2023, unless extended or earlier repealed by the village board of trustees by ordinance.

Permitted use means those permitted uses for any residential zoning district or any residential dwelling use permitted in the B-1, B-2, B-3 and B-4 zoning districts as set forth in the Village of Norridge Zoning Ordinance 1962 as amended from time to time.

Prohibited use means any use that is not a permitted use in any residential zoning district or in any residential dwelling use in the B-1, B-2, B-3 and B-4 zoning district as set forth in the Village of Norridge Zoning Ordinance 1962 as amended from time to time.

Residential structure means a residential structure located in a residential zoning district within the corporate limits of the village, as residential districts are defined in the Village of Norridge Zoning Ordinance 1962 as amended from time to time, and any dwelling unit permitted in the B-1, B-2, B-3 and B-4 zoning districts as set forth in the Village of Norridge Zoning Ordinance 1962 as amended from time to time.

Short-term residential rental means a residential structure, as defined herein, including a single room or portion of a residential structure, offered for rent, by license, leasehold, or any other similar arrangement, for a period which does not exceed 30 consecutive days. The term "short-term residential rental" shall not include hotels, motels or boarding or lodging facilities as those terms are defined in Village of Norridge Zoning Ordinance 1962 as amended from time to time.

Short-term residential rental property owner means the individual or entity which has title to the property by deed or by lease which is the subject of a short-term residential rental.

(Ord. No. 2070-22, § 2, 4-27-22)

No person shall use or offer for use or rent in a residential structure a short-term residential rental during the moratorium period as set forth in section 22-423 herein. The moratorium period is adopted as set forth herein to enable the village and the appropriate village entities the opportunity for a full comprehensive study on short term rentals, hold hearings, and, if necessary, prepare legislation to implement additional zoning regulations.

(Ord. No. 2070-22, § 2, 4-27-22)

A. It shall be unlawful and shall be a prohibited use and not a permitted use for any person or entity to operate, use, offer for rent or use, or advertise for rent or use, any property or residential structure or dwelling unit within the village as a short-term residential rental, except as set forth in section 22-422.B below.

B. Notwithstanding the provisions set forth in section 22-423.A above, it shall not be considered a short-term residential rental when the preceding owner of a property maintains possession of a residential structure after closing for the sale thereof, but leases the property back from the successor owner for a period of time pursuant to a written agreement.

(Ord. No. 2070-22, § 2, 4-27-22)

Operation of any short-term residential rental within the village in violation of the provisions of this article may be deemed a public nuisance and abated pursuant to all available remedies, including but not limited to injunctive relief. in addition to the penalties provided for herein, the village shall be entitled to receive from the short-term residential rental owner reimbursement for the cost of the village's reasonable attorney fees, costs and expenses incurred by the village to abate a short-term residential rental operating as a public nuisance.

(Ord. No. 2070-22, § 2, 4-27-22)

Any short-term residential rental property owner or other person or entity who violates any of the provisions set forth or referenced in this article, shall be subject to the following penalties: 1. A fine shall be imposed as set forth in Chapter 38, Section 22-425 of the Revised Municipal Code of the Village of Norridge 2002 for a first offense within a rolling 12-month period, and an enhanced fine for a second or subsequent offense within a rolling 12-month period. 2. Each day that a violation of this article continues shall be considered a separate and distinct offense and a fine shall be assessed for each day a provision of this article is found to have been violated. Notwithstanding the forgoing, the escalation of fines as set forth above shall not occur until a prior adjudication of a violation against the same individual or entity has been entered. 3. Continued violations of this article are subject to an injunction to enforce this article. 4. Violation notices for violations of this article shall be issued, served, and resolved in accordance with the administrative hearing system or, if brought before a court of competent jurisdiction, pursuant to the Illinois Code of Civil Procedure, Illinois Supreme Court Rules, and such other rules that may apply to such court.

(Ord. No. 2070-22, § 2, 4-27-22)

The notice of a violation of the provisions set forth or referenced in this Article shall be served in any of the following manners: 1. Personal service of process by handing the notice of violation to the respondent, or their employees or agents, by any authorized village official, police officer; or code enforcement officer. 2. Personal service of process as authorized by the Illinois Code of Civil Procedure, 735 ILCS 5/2-203. 3. Mailing the notice by certified mail, return receipt requested to the respondent's last known address, or in the case of a business, to the address for the registered agent or the address for its principal place of business. 4. Emailing the notice to the short-term residential rental owner's last known email address when the respondent is the short-term residential rental owner. 5. Posting the notice upon the property where the violation is found when the respondent is the short-term residential rental owner.

(Ord. No. 2070-22, § 2, 4-27-22)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agent means a person designated by the owner in the license application form in those instances when the owner resides outside of Cook County, Illinois, and the owner is unable to arrive on the site of the residential dwelling unit within 24 hours of being notified to do so by the village, who has the authority to accept service of process and notice on behalf of the owner and who is authorized to consent to village inspections pursuant to this article when the owner does not reside or is otherwise unavailable or absent from the village. The agent means a person who is available to respond and arrive on the site of a residential rental dwelling unit within 24 hours of being notified to do so by the village.

Applicant means a person who is applying for a license under this article.

Board of code appeals means the village board of trustees.

Building official (building commissioner) means the building official (building commissioner) and/or his or her designee. Dwelling unit means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Landlord means the owner, lessor or sublessor of the dwelling unit or the building of which it is a part.

License means a residential rental dwelling unit license which is the authority granted by the village for a person to engage in the business of renting or leasing a specific residential dwelling.

Licensee means the holder of a license under this article.

Local emergency contact means a person designated by the owner in the license application form who is available to arrive on the site of the residential rental dwelling unit 24 hours a day to respond in reasonable time to an emergency situation upon being notified to do so by the village and is authorized to consent to village inspections pursuant to this article when the owner or agent is unable to be present at the residential rental dwelling unit in the event of an emergency.

Multiple dwelling premises means any building containing two or more dwelling units.

Notice unless otherwise stated, means all notices required in this article, which shall be in writing and which shall be served by one party upon the other by email, registered or certified mail, return receipt required, or personally upon the owner or agent.

Occupant means any individual, over one year of age, living, sleeping, cooking or eating in or having possession of a dwelling unit.

Owner means the person(s) having an ownership interest alone, or jointly or severally with others in a premises that is a residential rental dwelling unit subject to this article by being (1) the legal title holder or holders to the premises or dwelling units, with or without accompanying actual possession t

The Village Code and the Zoning Ordinance prohibit short-term residential rentals within the village.

(Ord. No. 2140-24, § 2(Exh. A), 12-11-2024)

The following words and terms, when used in this Title, shall have the meaning set forth after each:

ABUTTING: To have a common property line or district line.

ACCESSORY: A use, structure, or part of a structure, which:

A.   Is subordinate to and serves the principal use or structure.

B.   Is subordinate in area, extent or purpose to the principal use or structure.

C.   Contributes to the comfort, convenience or necessity of occupants of the principal use or structure.

D.   Is located on the same lot as the principal use or structure served, with the exception of accessory off-street parking facilities as are permitted elsewhere than on the same lot with the use or structure.

ACCESSORY LIVING UNIT: A detached accessory building that provides living space (as defined by International Residential Code, Chapter 2, Definitions) in a location other than the principal residence. A detached accessory living unit may be located in a pool house, detached garage, or other similar accessory building or structure. Accessory living unit cannot be used to generate revenue.

ADJACENT: Touching, as distinguished from lying near.

ADJOINING: Touching or contiguous, as distinguished from lying near.

AGRICULTURE: Farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and accessory uses customarily incidental to normal agricultural activities.

AIRPORT: A lot which is used, or intended, for the landing and takeoff of aircraft, together with all structures located thereon.

ALLEY: A public or private right of way, other than a street, less than thirty feet (30') in width, which right of way normally affords secondary means of access to abutting properties.

ALTERATION: A change in size, shape, character or use of a structure.

APARTMENT: A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. A private bathroom and basic kitchen facilities, i.e., sink, stove, and refrigerator permanently installed must always be included for each apartment.

ARBOR: A landscape structure or shelter supported by at least four (4) columns or poles, consisting of latticework to support climbing shrubs or vines. For the purposes of this Title, an arbor is not a fence and is an accessory structure.

ASSISTED LIVING FACILITY: A facility providing housing and services for a group of persons, typically elderly, which may include provision of meals, housekeeping, and personal care assistance and/or other ancillary services.

AUTOMOBILE CHARGING FACILITY, RESIDENTIAL: An electrical charging device for licensed electric or hybrid motor vehicles, provided that the charging device and vehicle being charged are completely enclosed within a single-family or multi-family residence or accessory structure.

AUTOMOBILE CHARGING FACILITY, COMMERCIAL: An electrical charging device or group of devices for licensed electric or hybrid motor vehicles, ot

A.   Definitions:

SHORT-TERM RESIDENTIAL RENTAL: A Residential Structure, as defined herein, offered for rent for a period which does not exceed thirty (30) consecutive days. The term "Short-Term Residential Rental" shall not include hotels.

SHORT-TERM RESIDENTIAL RENTAL PROPERTY OWNER: The individual or entity which has title to the property which is the subject of a Short-Term Residential Rental.

B.   Purpose And Applicability: It is the intent and purpose of this Section (Short-Term Residential Rental) to preserve the character and integrity of residential neighborhoods within the Village by prohibiting residential structures from being used for the commercial purpose of providing short-term residential rentals.

C.   Short-Term Residential Rentals Prohibited:

1.   It shall be unlawful for any person or entity to operate, use, offer for rent or use, or advertise for rent or use, any property within the Village of Oak Brook as a short-term residential rental.

2.   It shall not be considered a short-term residential rental when the preceding owner of a property maintains possession of a residential structure after closing for the sale thereof but leases the property back from the successor owner for a period of time pursuant to a written agreement.

D.   Public Nuisance Declared: Operation of any short-term residential rental within the Village of Oak Brook in violation of the provisions of this Chapter may be deemed a public nuisance and abated pursuant to all available remedies, including but not limited to injunctive relief. In addition to the penalties provided for herein, the Village of Oak Brook shall be entitled to receive from the short-term residential rental owner reimbursement for the cost of the Village's reasonable attorney fees, costs, and expenses incurred by the Village of Oak Brook to abate a short-term residential rental operating as a public nuisance.

E.   Penalties: Any short-term residential rental owner or other person or entity who violates any of the provisions set forth or referenced in this Chapter, shall be subject to the following penalties:

1.   A fine of one thousand dollars ($1,000.00) for a first offense within a twelve (12) month period, and a fine of two thousand five hundred dollars ($2,500.00) for a second or subsequent offense within a twelve (12) month period.

2.   Each day that a violation of this Chapter continues shall be considered a separate and distinct offense and a fine shall be assessed for each day a provision of this Chapter is found to have been violated. Notwithstanding the forgoing, the escalation of fines as set forth above shall not occur until a prior adjudication of a violation against the same individual or entity has been entered.

3.   Continued violations of this Chapter are subject to an injunction. See Section 13-14-11. (Ord. G-1261, 10-22-2024)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them as follows:

DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT. The Director of Community and Economic Development of the City of Oakbrook Terrace or a designee duly authorized by the Director of Community and Economic Development.

DWELLING. Any building or portion thereof that is designed and used exclusively for residential purposes, but not including a hotel, nursing home or other state-licensed facility.

DWELLING, ATTACHED. A building which was originally designed and constructed to accommodate two or more single-family dwelling units, with each dwelling unit to have its own ground floor entrance and its own living space, and with the dwelling units to be joined together by a common wall or walls.

DWELLING, DETACHED. A single-family dwelling unit that does not share a common wall with any other dwelling unit and is surrounded on all sides by open space that is located on the same lot.

DWELLING, MULTIPLE-FAMILY. A building containing three or more dwelling units, with more than one of the dwelling units connecting to a common corridor or entranceway.

DWELLING, SINGLE-FAMILY. A building designed for or occupied exclusively by one family.

DWELLING UNIT. One or more rooms in a dwelling that are occupied or intended to be occupied as separate independent living quarters by a single family, with facilities for cooking, living, eating, sleeping and sanitary uses, including a detached dwelling, a single unit in an attached dwelling, or a single unit in a multiple-family dwelling.

FAMILY. One or more persons related by blood, marriage, or adoption, occupying a dwelling unit as an individual housekeeping organization; provided that such a family may include not more than two persons who are not related by blood, marriage, adoption, or foster care as regulated by the state; and further provided that not more than three persons who are not related by blood, marriage or adoption may also be considered a family.

MANAGING AGENT. Any person or firm, acting for another, with authority to rent, manage, or make expenditures related to a dwelling unit.

OWNER. The record owner of any property in the city on which a rental dwelling is located. RENTAL DWELLING. Any dwelling unit which is not owner-occupied, and which is either rented or leased, or for which the owner is otherwise compensated by others, whether through a managing agent or in some other manner; provided that a dwelling in which a single room is rented or in which a dwelling unit is shared between the property owner and others shall not be deemed a rental dwelling; and further provided that, for purposes of this chapter only, a rental dwelling shall not include multiple-family dwellings in a building with more than seven dwelling units under single ownership and shall not include a short-term rental.

SHORT-TERM RENTAL. A single-family dwelling, or a residential dwelling unit i