§ 17-17-0100

Use group and category descriptions

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 permanent basis by a group of not less than 9 and not more than 15 unrelated persons with disabilities in a family-like environment and which may be occupied by paid professional support staff provided by a sponsoring agency.

4. Domestic Violence Residence. A building or portion thereof, in which temporary housing is provided exclusively for persons who are victims of domestic violence or abuse and for their children, and which may also be occupied by professional support staff provided by a sponsoring agent. Any children or support staff using sleeping accommodations at a Domestic Violence Residence will be included in determining maximum occupancy, as provided in subsections (a), (b) and (c) below.

a.

Domestic Violence Residence, Family. A domestic violence residence in which sleeping accommodations are provided for a maximum of 8 persons.

b.

Domestic Violence Residence, Group. A domestic violence residence in which sleeping accommodations are provided for a maximum of 15 persons.

c.

Domestic Violence Shelter. A domestic violence residence in which sleeping accommodations are provided for more than 15 persons.

5. Nursing Home. A “skilled care facility,” “intermediate care facility,” “sheltered care facility” or similar “long-term care facility,” as those terms are defined in the Illinois Nursing Home Care Act (210 ILCS 45/) and/or Title 77 Ill. Adm. Code Part 300.

6. Temporary Overnight Shelter. A building, or portion thereof, in which sleeping accommodations are provided for no more than 12 hours per day, for 3 or more persons who are not related to the property owner , operator, manager or other occupants thereof by blood or by marriage, as described in Chapter 13-208 of the Municipal Code.

7. Transitional Residence. A temporary residential living arrangement for persons who are receiving therapy or counseling for purposes such as, but not limited to, the following: (a) to help recuperate from the effects of drugs or alcohol addiction; (b) to help re-enter society while housed under supervision and the constraints of alternatives to imprisonment including, but not limited to, pre-release, work-release and probationary programs; or (c) to help with family or school adjustment problems that require specialized attention and care in order to achieve personal independence.

8. Transitional Shelter. A “transitional shelter ” is a building, or portion thereof, in which temporary residential accommodations are provided for 3 or more persons who are not related to the property owner , operator, manager or other occupants thereof by blood or by marriage.

17-17-0102-B Household Living Category. Residential occupancy of a dwelling unit by a household with tenancy arranged on a monthly or longer basis. (Note: see building type definitions [e.g., detached house, two-flat, townhouse, artist live/work space in Sec. 17-17-0200])

17-17-0103 Public and Civic Use Group. The public and civic use group includes uses that provide public or quasi-public services. The public and civic use group includes the following Use Categories:

17-17-0103-A Colleges and Universities. Colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree. They are certified by the state or by a recognized accrediting agency. Colleges tend to be in campus-like settings or on multiple blocks . Examples include universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to a hospital , conservatories and seminaries.

17-17-0103-B Cultural Exhibits and Libraries. Museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art, or library collection of books, manuscripts, etc., for study and reading.

17-17-0103-C Day Care. A place in which are received 3 or more adults or children, not of common parentage, apart from their parents or guardian, for part or all of a day. The term “ day care center” or “child care center” includes but is not limited to the following: nursery schools, adult and/or child care centers, day nurseries, kindergartens and play groups, but does not include bona fide kindergartens and nursery schools operated by public or private elementary or secondary school systems.

17-17-0103-C[a] Detention and Correctional Facilities. Facilities for the judicially required detention or incarceration of people. Inmates and detainees are under 24-hour supervision by peace officers, except when on an approved leave. Examples include prisons, jails, probation centers, and juvenile detention homes.

17-17-0103-D Hospital. Uses providing medical or surgical care to patients and offering inpatient (overnight) care.

17-17-0103-E Lodge or Private Club. A non-profit association of persons who are bona fide members paying annual dues, which owns, hires or leases a building, or portion thereof, the use of such premises being restricted to members and their guests.

17-17-0103-F Parks and Recreation. Recreational, social, or multi-purpose uses typically associated with public parks, public open spaces , public play fields, public or private golf courses, or public recreation areas or buildings.

1. Community Garden. A neighborhood- based development with the primary purpose of providing space for members of the community to grow plants for beautification, education, recreation, community distribution or personal use. Sites are typically managed by public or civic entities, nonprofit organizations or other community-based organizations that are responsible for maintenance and operations. Processing and storage of plants or plant products, other than for purposes of composting as provided in Section 17-9-0103.5-C, are prohibited on site. Gardening tools and supplies may be stored within an accessory building that is in compliance with Section 17-9-0103.5-B of the Municipal Code.

17-17-0103-G Postal Service. Mailing services and processing as traditionally operated or leased by postal and parcel service companies.

17-17-0103-H Public Safety Services. Public safety services that provide fire, police or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations, police stations and ambulance services.

17-17-0103-I Religious Assembly. Religious services involving public assembly such as customarily occur in synagogues, temples, mosques and churches.

17-17-0103-J School. Public and private schools at the primary, elementary, junior high, or high school level that provide state-mandated basic education.  Learning, healthcare and social support centers less than 5,000 square feet in size, and which be accessible to the community at large and may provide a separate entrance directly to a public way or street, are  permitted as an accessory use within a school, provided that the center is approved by the Chicago Public Schools.

17-17-0103-K Utilities and Services, Major. Infrastructure services that have substantial land use impacts on surrounding areas. Such uses may be allowed when the public interest supersedes the usual limitations placed on land use and transcends the usual restraints of the district for reasons of necessary location and community-wide interest. Typical uses include but are not limited to: water and waste water treatment facilities, major water storage facilities, transit stations, bus turnarounds, and transit maintenance and storage garages. Major utilities and services do not include waste-related uses .

17-17-0103-L Utilities and Services, Minor. Infrastructure services that need to be located in an area where the service is provided. Minor Utilities and Services generally do not have regular employees at the site and typically have few if any impacts on surrounding areas.  Typical uses include water and sewer pump stations; electrical substations; stormwater facilities and conveyance systems; and telephone exchanges.

17-17-0103-M Wind Energy Meteorological Tower. A temporary facility, operating no more than two years from the date of installation, consisting of wind-measuring devices and data acquisition peripherals which are used solely to measure winds in order to assess the viability of constructing a wind energy facility, mounted on a tower secured with either an approved base or guy wires secured with an approved anchoring system.

17-17-0104 Commercial Use Group. The commercial use group includes uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public. The commercial use group includes the following Use Categories:

17-17-0104-A Adult Use. The term “ adult use ” means adult book stores, 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 relating to “specified sexual activities” or “specified anatomical areas”, for observation by patrons therein.

4. An adult entertainment cabaret is a public or private establishment which (i) features topless dancers, strippers, (ii) not infrequently features entertainers who display “specified anatomical areas”; or (iii) features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron or entertainers who engage in, or engage in explicit simulation of, “specified sexual activities”.

5. The phrase “specified sexual activities” in connection with adult uses means:

a.

Human genitals in the state of sexual stimulation or arousal;

b.

Acts of human masturbation, sexual intercourse or sodomy;

c.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

6. The phrase “specified anatomical areas” in connection with adult uses means:

a.

Less than completely and opaquely covered: (a) human genitals, pubic region, (b) buttock and (c) female breast below a point, immediately above the top of the areola; and

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

17-17-0104-B Animal Services. The following are animal services use types:

1. Shelter and Boarding Kennels. Animal shelters and kennel services for dogs, cats, and small animals. Typical uses include boarding kennels, dog training centers and animal rescue shelters.

2. Sales and Grooming. Sales and grooming of dogs, cats, and similar small animals. Typical uses include pet stores, dog bathing and clipping salons and pet grooming shops.

3. Veterinary. Typical uses include pet clinics, dog and cat hospitals, and animal hospitals.

4. Stables. Stables and boarding facilities for horses and similar large animals.

17-17-0104-C Artist Work or Sales Space. Floor space devoted to the production, showing, or sale of art. Typical uses include art galleries and artist studios, but not including art museums. Art museums are classified in the “Cultural Exhibits and Libraries” use category.

17-17-0104-D Body Art Services. Provision of any of the following procedures: body piercing, tattooing, cosmetic tattooing, branding, and scarification. This definition does not include practices that are considered medical procedures by the Illinois Medical Board, which may not be performed in a body art services establishment.

17-17-0104-E Building Maintenance Services. Provision of maintenance and custodial services to commercial and industrial establishments . Typical uses include janitorial, landscape maintenance and window cleaning services. Also includes exterminator services for residential, commercial or industrial applications.

17-17-0104-F Business Equipment Sales and Services. Sale, rental, or repair of office , professional, and service equipment and supplies to the firms themselves rather than to individuals. Excludes automotive, construction, and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops and hotel equipment and supply firms.

17-17-0104-G Business Support Services. Provision of clerical, employment, protective, or minor processing services to firms rather than individuals. Storage of goods other than samples is prohibited. Typical uses include secretarial services, telephone answering services and blueprint services. Also includes business or trade schools that do not involving any outdoor storage or manufacturing processes. Business or trades schools that do involve outdoor storage or manufacturing processes are classified as “Manufacturing and Production, General”.

17-17-0104-H  Urban Farm.   Growing, washing, packaging and storage of fruits, vegetables and other plant products for wholesale or retail sales.

1. Indoor Operation.  All allowed activities must be conducted within completely enclosed buildings.  Typical operations include greenhouses, vertical farming, hydroponic systems and aquaponic systems.

2. Outdoor Operation.  Allowed activities are conducted in unenclosed areas or partially enclosed structures.  May include indoor operations in conjunction with outdoor operations.  Typical operations include growing beds, growing fields, hoophouses and orchards.

3. Rooftop Operation.  All allowed activities occur on the roof of a principal building as a principal use or accessory use.  Typical operations include growing beds and growing trays.

17-17-0104-I Communications Service Establishments. Broadcasting and other information relay services accomplished through use of electronic and telephonic mechanisms. Excludes services classified as “ major utilities and services ” and “Minor Utilities”. Typical uses include recording studios, television and radio studios, telecommunication service centers and telegraph service offices.

17-17-0104-J Construction Sales and Services. Construction activities and incidental storage on lots other than construction sites. Also includes the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures, and hardware, but excludes those uses classified as “Automotive” and/or “Heavy Equipmentuse types. Typical uses include building materials stores, tool and equipment rental or sales and building contracting/construction offices.

17-17-0104-K Eating and Drinking Establishments. Provision of prepared food or beverages for on- or off-premises consumption. The following are examples of eating and drinking establishments:

1. Restaurant. An establishment primarily engaged in serving prepared food to the public pursuant to required licenses, including those with outdoor seating areas.

a.

Limited Restaurant. A restaurant in which there is no service of alcoholic liquor or in which the service of alcoholic liquor is clearly incidental and subordinate to the primary activity (prepared food service) and in which live entertainment or dancing, if any, is clearly incidental and subordinate to the primary activity (prepared food service).

b.

General Restaurant. A restaurant in which alcoholic liquor may be served in conjunction with the primary activity (prepared food service) and in which live entertainment and dancing are permitted in completely enclosed areas.

2. Tavern. An establishment that is primarily engaged in serving alcoholic liquor for consumption on the premises and in which the serving of prepared food, live entertainment and dancing are permitted.

3. Outdoor patio.  Outdoor patio shall have the meaning ascribed to it in Section 4-60-010 of this Code.  For the purposes of the special use provisions of Section 17-3-0200 of this zoning ordinance, any outdoor patio located on or above the roof or above the first story of any building or any other structure shall be considered to be located on a rooftop.  For the purposes of the permitted use provisions of Section 17-3-0200 of this zoning ordinance, any outdoor patio located adjacent to the grade-level floor, or below the surface of the floor next above the grade-level floor, of any building or any other structure shall be considered to be located at grade level. The provisions of Section 17-3-0200 of this zoning ordinance regarding outdoor patios do not apply to any location subject to a special club license pursuant to Chapter 4-388 of this Code.

17-17-0104-L Entertainment and Spectator Sports. Provision of cultural, entertainment, athletic, and other events to spectators. The following are spectator sports and entertainment use types:

1. Inter-Track Wagering Facility. A facility other than a race track at which pari-mutuel wagering is conducted with respect to the outcome of a simultaneously televised horse race taking place at an Illinois race track or horse races of national or international interest held at race tracks in other states or countries.

2. Small Venue. Entertainment and spectator sports establishments, other than Inter-track Wagering Facilities, conducted within an enclosed building with a capacity of no more than 149 persons. Typical uses include small theaters and meeting or banquet halls.

3. Medium Venue. Entertainment and spectator sports establishments, other than Inter-track Wagering Facilities, conducted within an enclosed building with a capacity of more than 149 and fewer than 1,000 persons. Typical uses include theaters and meeting or banquet halls.

4. Large Venue. Entertainment and spectator sports establishments, other than Inter-track Wagering Facilities, with a capacity of 1,000 persons or more.  Typical uses include large theaters, cinemas and meeting or banquet halls.

17-17-0104-M Flea Market. A site either indoors or outdoors where individual stalls or spaces are provided on a short term basis for vendors to display, buy, sell, exchange, or deal in new or used goods.

17-17-0104-N Financial Services. Financial or securities brokerage services. Typical uses include banks, savings and loans, consumer investment businesses and the following specific use types:

1. Payday/Title Secured Loan Store. An establishment that engages in the business of offering payday or title secured loans.  A “payday loan” means a loan with a finance charge exceeding an annual percentage rate of 36% and with a term that does not exceed 120 days, including any transaction conducted via any medium whatsoever, including, but not limited to, paper, facsimile, Internet, or telephone, in which:

i.

A lender accepts one or more checks dated on the date written and agrees to hold them for a period of days before deposit or presentment, or accepts one or more checks dated subsequent to the date written and agrees to hold them for deposit;

ii.

A lender accepts one or more authorizations to debit a consumer’s bank account; or

iii.

A lender accepts an interest in a consumer’s wages, including, but not limited to, a wage assignment.

The term “payday loan” also includes any installment loan otherwise meeting the definition of payday loan, but that has a term agreed to by the parties of not less than 112 days and not exceeding 180 days.

A “title-secured loan” means a loan upon which interest is charged at an annual percentage rate exceeding 36%, in which, at commencement, an obligor provides to the lender, as security for the loan, physical possession of the obligor’s title to a motor vehicle, and upon which a lender may charge, contract for, and receive thereon interest at the rate agreed upon by the licensee and borrower.

For purposes of these definitions, the annual percentage rate shall be calculated in accordance with the federal Truth in Lending Act.

2. Pawn Shop. An establishment or person (pawnbroker) engaged in the business of receiving property in pledge or as security for money or other things advanced to the pawner or pledger.

3. Consumer Loan Establishment. Any business that makes loans in a principal amount not exceeding $25,000 secured other than by a mortgage or lien on the borrower’s real property or on personal property acquired by the borrower with the proceeds of the loan. “ consumer loan establishment ” does not include any bank, savings bank, savings and loan association or credit union.

17-17-0104-O Food and Beverage Retail Sales. Retail sale of food and beverages for home consumption. Typical uses include groceries, liquor stores and wine stores.

17-17-0104-P Fortune Telling Service. An establishment engaged in or that professes to foretell future or past events or that is engaged in the practice of palmistry (the art or practice of reading a person’s character or future from the lines on the palms of hands).

17-17-0104-Q Funeral and Interment Services.   Provision of services involving the care, preparation or disposition of the dead.  The following are funeral and interment services use types:

1. Cemetery / Mausoleum / Columbarium.  Land or facilities used for burial of human dead.

2. Cremating. Crematory services involving the purification and reduction of the human or companion animal body by fire.  For purposes of this subsection, the term “companion animal” shall be defined as in 815 ILCS 318/5.  Typical uses include crematories and crematoriums.

3. Undertaking.  Undertaking services for human dead such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes and mortuaries.

17-17-0104-R  Gas Stations.   A building or portion thereof used for offering for sale at retail to the public, fuels, oils and accessories for motor vehicles , where repair service and automobile washing is incidental, where no storage or parking space is offered for rent and where no motor vehicles or boats are offered for sale or rent.

17-17-0104-S Lodging. Provision of lodging services on a temporary basis with incidental food, drink, and other sales and services intended for the convenience of guests. The following are lodging use types:

1. Bed and Breakfast. An owner- occupied, detached house or an owner-occupied dwelling unit within a multi-unit residential building that does not exceed 4 stories in height and contains no more than 11 sleeping rooms or an owner-occupied condominium, townhouse or cooperative in which 11 or fewer sleeping rooms are available for rent on for hire for transient occupancy by registered guests. For purposes of this definition, the term “bed and breakfast” does not include single-room occupancy buildings . If the bed and breakfast is a detached house located on a lot that includes a principal house and an accessory building that was being used for residential purposes as of January 16, 2003, the accessory building that will be considered to be part of the establishment.

2. Hotel/Motel. An establishment containing 12 or more guest rooms and in which short- term lodging is offered for compensation and which may or may not include the service of one or more meals to guests. Typical uses include hotels, motels and transient boarding houses.

3. Vacation Rental.  A dwelling unit that is not owner-occupied and contains 6 or less sleeping rooms that are available for rent or for hire for transient occupancy by guests.  The term “guests” does not include members of the owner’s household.  The term “vacation rental” shall not include: (i) single-room occupancy buildings or bed-and-breakfast establishments, as those terms are defined in Section 13-4-010; (ii) hotels, as that term is defined in Section 4-6-180 of this code; (iii) any dwelling unit for which a tenant has a month-to-month rental agreement, as that term is defined in 5-12-030 and the rental payments are paid on a monthly basis; or (iv) Corporate Housing, as that term is defined in Section 4-6-300.

17-17-0104-T Medical Service. Personal health services including prevention, diagnosis and treatment, rehabilitation services provided by physicians, dentists, nurses, and other health personnel and medical testing and analysis services. Typical uses include medical and dental offices, medical/dental laboratories, health maintenance organizations and government-operated health centers. Excludes use types more specifically classified, such as hospitals .

17-17-0104-U Office. Professional, governmental, executive, management or administrative offices of private organizations or government agencies. Typical uses include government offices , administrative offices , legal offices , and architectural firms. Also includes electronic data storage centers and high- technology offices .

1. Electronic Data Storage Center. A work site used as a facility for the storage of and the operation of computer hardware, equipment for processing , storage and/or routing of electronic data, or other high technology uses .

2. High Technology Office. An employee work site used for computer software design and development, data processing , electronic data interchange, electronic commerce and/or information systems management, nanotechnology, biotechnology or other high technology uses .

17-17-0104-V Parking, Non-Accessory. Parking that not provided to comply with minimum off-street parking requirements and that is not provided exclusively to serve occupants of or visitors to a particular use , but rather is available to the public at-large. A facility that provides both accessory parking and non-accessory parking is classified as non- accessory parking .

17-17-0104-W Personal Service. Informational, instructional, personal improvement andsimilar services of a nonprofessional nature. Typical uses include hair salons, barber shops, beauty shops, massage establishments, nail salons, yoga or dance studios, driving schools and martial arts studios.

17-17-0104-X Repair and Laundry Services, Consumer.   Provision of repair, dry cleaning or laundry services to individuals and households , but not to firms. Excludes “Automotive and Equipmentuse types. Typical uses include laundry/dry cleaning drop-off stations (with no dry cleaning on the premises), hand laundries, appliance repair shops, locksmiths, shoe and apparel repair and musical instrument repair.

17-17-0104-Y Residential Support Services. Commercial uses provided primarily to serve the needs of residents in large, multi-unit residential buildings or residents within the immediate area. The following are considered residential support services :

1. Restaurants , with or without service of alcohol;

2. Financial services , except pawnshops, consumer loan agencies and payday/title secured loan stores ;

3. Food and beverage retail sales , alcohol sales as accessory use only; no package liquor stores;

4. Medical service ;

5. Offices ;

6. Personal service ; and

7. Retail Sales, General .

17-17-0104-Z Retail Sales, General. Businesses involved in the sale, lease or rent of new or used products or merchandise to the general public. Typical uses include drug stores, grocery stores, department stores and apparel stores.

17-17-0104-AA Sports and Recreation, Participant.   Provision of sports or recreation primarily by and for participants.  (Spectators would be incidental and on a nonrecurring basis).  The following are participant sports and recreation use types (for either general or personal use):

1. Amusement Arcades. A place of amusement that includes 4 or more automatic amusement devices as defined in Section 4-6-120, “Automatic amusement operator” of the Municipal Code, whether directly or remotely operated or controlled; provided, however, that when calculating the number of automatic amusement devices, jukeboxes will not be counted.

2. Entertainment Cabaret. Any dance hall, non-alcohol bar, dry cabaret, juice bar, teen-age cabaret, used or intended to be used primarily for participation by the public for entertainment or amusement, including but not limited to music, music videos and dancing. This use does not include any establishment that is licensed to serve alcoholic beverages.

3. Indoor. Participant sport and recreation uses conducted within an enclosed building, other than arcades and entertainment cabarets .  Typical uses include bowling alleys, billiard parlors, shooting range facilities, and physical fitness centers.

4. Outdoor. Participant sport and recreation uses conducted outside of an enclosed building , other than entertainment cabarets . Typical uses include driving ranges, miniature golf courses, swimming pools, and marinas.

5. Children’s Play Center. “Children’s play center” means an institution or place, regardless of nomenclature, where the primary business activity is to provide recreational activities to children who are apart from their parent or guardian. A “Children’s activities play center” does not include the following:

1.

any programs operated by private entities on the grounds of public or private elementary schools or secondary schools;

2.

any programs operated by a public or private schools or secondary level schools;

3.

any programs operated by the State Board of Education or the Board of Education of Chicago;

4.

any programs operated by government agencies or conducted on government premises;

5.

any programs operated by or conducted on the premises of a college or university;

6.

any programs operated primarily for religious instruction;

7.

any programs operated by hospitals or other health care facility;

8.

any entity, location or place licensed or required to be licensed as a public place of amusement pursuant to Chapter 4-156 of this Code; or

9.

any person providing one-on-one recreational, cognitive or educational activities to a child in a dwelling unit, as defined in Section 17-17-0248, in which the person or child resides.

17-17-0104-BB  Valuable Objects Dealer. Any person, other than those excluded from the definition of a secondhand dealer pursuant to Section 4-264-005 of the Municipal Code of Chicago, who engages in the business of purchasing, selling, receiving, trading, consignment selling or otherwise transferring for value, any previously owned precious metal, stone or gem or any jewelry, as said terms are defined in Section 4-264-005 of the Municipal Code.

17-17-0104-CC Vehicle Sales and Service.   Sales of motor vehicles or services related to motor vehicles .  The following are vehicle sales and service use types:

1. Auto Supply/Accessory Sales. Businesses involved in the sale, lease or rental of new or used automobile supplies or accessories to the general public. Typical uses include auto parts stores.

2. Car Wash or Cleaning Service. A building or site containing facilities for washing automobiles. It may use automatic production line methods – a chain conveyor, blower, steam cleaning device, or other mechanical device – or it may provide space, water, and equipment for hand washing, cleaning or detailing of automobiles, whether by the customer or the operator.

3. Motor Vehicle Repair Shop. A building , structure, premises, enclosure or other place including automobile service stations, garages and motor vehicle service shops, where the business of doing repair work on or for motor vehicles , replacing motor vehicle parts, or diagnosing malfunctions of a motor vehicle is conducted in any facility, shop, drive-in station or garage which inspects motor vehicles for the purpose of appraising, evaluating or estimating the extent or value of motor vehicle damage or the necessity or cost of motor vehicle repairs.  A motor vehicle repair shop shall also include any business, establishment or location where tires are collected, stored, maintained, altered, refabricated, disposed of, replaced, changed or repaired; provided, however, this definition shall not include any business operated under a certificate of authority issued under Chapter 215 of the Illinois Compiled Statutes, nor any person set forth in subsection (c) of Section 4-228-020.

4. Heavy Equipment Sales/Rentals. Sale, retail or wholesale, and/or rental from the premises of heavy construction equipment, trucks, and aircraft, together with incidental maintenance. Typical uses include heavy construction equipment dealers and tractor trailer sales.

5. Light Equipment Sales/Rentals. Sale, retail, wholesale, or rental from the premises of autos, noncommercial trucks, motorcycles, trailers with less than 10,000 lbs. gross cargo weight, motorhomes and boat dealers, together with incidental maintenance. Typical uses include automobile and boat dealers, car rental agencies and recreational vehicle sales and rental agencies.

6. RV or Boat Storage. Storage of recreational vehicles or boats as a principal use . Typical uses include storage yards for personal recreational vehicles and boat storage yards.

7. Vehicle Storage and Towing. Storage of operating motor vehicles or vehicle towing services. Typical uses include towing services, private parking tow-aways, impound yards, and fleet storage yards.

17-17-0105 Industrial Use Group. The Industrial Use Group includes uses that produce goods from extracted materials or from recyclable or previously prepared materials, including the design, storage and handling of these products and the materials from which they are produced. It also includes uses that store or distribute materials or goods in large quantities. The Industrial Use Group includes the following Use Categories:

17-17-0105-A Reserved.

17-17-0105-B Manufacturing, Production and Industrial Services.

1. Artisan. On-site production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment. Typical uses include woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts or very small-scale manufacturing uses that have no negative external impacts on surrounding properties.

2. Limited.  Manufacturing of finished parts or products, primarily from previously prepared materials. Typical uses include: shared kitchens; catering establishments, printing and related support activities; machinery manufacturing; food manufacturing; computer and electronic product manufacturing/assembly; electrical equipment, appliance, component manufacturing/assembly; furniture and related product manufacturing/ assembly; and other manufacturing and production establishments that typically have very few, if any, negative external impacts on surrounding properties.

3. General.

a.

Manufacturing of finished or unfinished products, primarily from extracted or raw materials, or recycled or secondary materials, or bulk storage and handling of such products and materials. Typical uses include: textile mills; textile product mills; apparel manufacturing; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; transportation equipment manufacturing; primary metal manufacturing; and fabricated metal product manufacturing.

b.

Industrial service firms engaged in the repair or servicing of industrial or commercial machinery, equipment, products or by-products. Typical uses include: welding shops; machine shops; industrial tool repair; fuel oil distributors; solid fuel yards; laundry, dry-cleaning, and carpet cleaning plants; and photofinishing laboratories. Excludes uses classified as “consumer repair or laundry services ”.

4. Intensive. Manufacturing of acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins and radioactive materials. This group also includes smelting, animal slaughtering and oil refining.

17-17-0105-C Mining/Excavation. Mining or extraction of mineral or aggregate resources from the ground for off-site use. Examples include quarrying or dredging for sand, gravel or other aggregate materials; mining; and oil and gas drilling.

17-17-0105-D Recycling Facilities.   Any building , portion of building or area in which Type A, Type B, Type C or Type D recyclable material is collected, stored, or processed for the purpose of marketing the material for use as raw material in the manufacturing process of new, reused or reconstituted products.  No recycling facility shall engage in the recovery of materials for fuel in combustion or energy production processes.  However, this section shall not prohibit any such recycling facility from recovering and using biogas or other fuel generated as a byproduct of a recycling activity, as approved by the commissioner of health, while the facility is otherwise primarily engaged in recycling.

1. Recycling Facility, Class I. A recycling facility which contains receptacles for the collection of Type A and Type B recyclable materials only.  Manual separation only of Type A and Type B recyclable materials shall be permitted at a Class I facility.  (Note: consumer-oriented collection boxes for newspapers, cans and glass items are considered an accessory use and may be allowed in any zoning district.)

2. Recycling Facility, Class II. A recycling facility for the collection of Type A and Type B recyclable materials only.  Class II facilities may perform any activity permitted in a Class I facility and may also perform processing , such as cleaning, bundling, compacting, cutting or packing of recyclable materials .

3. Recycling Facility, Class III. A recycling facility for the collection of Type A and Type B recyclable materials only.  Class III facilities may perform any activity permitted in a Class II facility and may also engage in composting .

4. Recycling Facilities, Class IVA and Class IVB.  Class IVA facilities are recycling facilities for the collection of Type A and Type C recyclable materials only.  Class IVA facilities may engage in processing, such as cleaning, bundling, compacting or packing of recyclable materials , and may also dismantle, either manually or with the useof small power tools, used vehicles and used vehicle parts for resale.  Class IVB facilities are facilities for the collection of Type A and Type C recyclable materials only.  Class IVB facilities may perform any activity permitted in a Class IVA facility and may also engage in the shredding, crushing or other large-scale processing or vehicles.

5. Recycling Facilities. Class V.  A recycling facility for the collection of Type D recyclable materials only.  Manual sorting and temporary storage only of Type D recyclable material shall be permitted at a Class V facility.

17-17-0105-E Warehousing, Wholesaling and Freight Movement. Storage, wholesale sales and distribution of materials and equipment. Typical uses include storage warehouses, moving and storage firms, trucking or cartage operations, truck staging or storage areas, wholesale sales of materials and equipment to parties other than the general public and the following specific use types:

1. Residential Storage Warehouses. Storage or warehousing service within a building for individuals to store personal effects and for businesses to store materials for operation of an industrial or commercial enterprise elsewhere. Incidental uses in a residential storage warehouse may include the repair and maintenance of stored materials by the tenant; but in no case may storage spaces in a residential storage warehouse facility function as an independent retail, wholesale, business, or service use. Spaces may not be used for workshops, hobby shops, manufacturing, or similar uses. Human occupancy is limited to that required to transport, arrange and maintain stored materials.

2. Container Storage. Any building, structure, premises, enclosure or other place where 4 or more freight containers are stacked, housed, stored, kept for hire, sheltered or parked for any purpose other than repair or repainting, or where rent or compensation is paid to any owner, manager or lessee to stack, house, store keep, shelter or park freight containers on any property.

3. Freight Terminal. A building or area in which freight is collected and/or stored for in intrastate or interstate shipment.

17-17-0105-F Waste-Related Uses.

1. Hazardous Waste Treatment or Storage. As defined in Chapter 11-4 of the Municipal Code (Environmental Protection and Control)

2. Incinerators. As defined in Chapter 11-4 of the Municipal Code (Environmental Protection and Control)

3. Incinerators, Municipal.  As defined in Chapter 11-4 of the Municipal Code (Environmental Protection and Control)

4. Liquid Waste Handling Facility.  A facility that treats or disposes of liquid waste, liquid special waste, or liquid hazardous waste.

5. Reprocessable Construction/ Demolition Material Facility. A site used for purposes of receiving, storing, reprocessing and transport of reprocessable construction/demolition material . Such facility may not include any operation used for hot mixed asphalt processing .

6. Resource Recovery Facilities. A facility that uses non-hazardous solid waste as fuel in a process specifically designed for the purpose of waste disposal or volume reduction and which produces thermal energy or electricity as a by-product.

7. Sanitary Landfills. A facility originally licensed under Chapter 11-4 of the Municipal Code and operating as amended before January 1, 1985 and the Illinois Environmental Protection Act for the disposal of waste on land without creating nuisances or hazards to the public health.

8. Transfer Stations. A facility for the transfer and packing of solid waste from smaller collecting vehicles to larger transport vehicles.

9. Modified Transfer Stations.  A transfer station that accepts only landscape waste and/or construction and demolition debris .

17-17-0105-G  Coke & Coal Bulk Material and Related Terms.

1. Coke & coal bulk material.  Any coke, coal, or combination thereof.  Coke & coal bulk material does not include any coal material stored at a location in an amount equal to or less than 25 cubic yards at any one time.

2. Coal.  Any solid, brittle, carbonaceous rock classified as anthracite, bituminous, subbituminous. or lignite by ASTM Designation D388-77.

3. Coke.  Any solid carbonaceous material derived from the distillation of coal (including metallurgical coke) or from oil refinery coker units or other cracking processes (including petroleum coke).

4. Coke & coal bulk material processing.  Any chemical, industrial, commercial, or manufacturing operation, or activity, including, but not limited to, blending, mixing, crushing, and screening, breaking, wet or dry cleaning, thermal drying, or chemically treating, that causes, or has the potential to cause, the emission of airborne particles of coke or coal.  Notwithstanding anything to the contrary in subsection 17-17-02127 of this zoning ordinance, for purposes of this definition, the term “processing” shall have the meaning described in this subsection 17-17-0105-G4.

17-17-0106 Other Uses Group. The Other Uses Group includes the following two Use Categories:

17-17-0106-A Off-premise signs. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located, or to which it is affixed.

17-17-0106-B Wireless Communication Facilities. Facilities related to the use of the radio frequency spectrum for the purposes of transmitting or receiving radio signals, and may include, but is not limited to radio towers, television towers, telephone exchanges, micro-wave relay towers, telephone transmission equipment buildings and commercial mobile radio service facilities. The wireless communication facility use category includes all associated equipment unless the written context clearly indicates that another meaning is intended. The term “associated equipment” is to be read broadly and in context. Associated equipment may include, but is not limited to: antenna, equipment shelter or platform, lighting, monopole tower, mounting hardware, and supporting electrical or mechanical equipment.

1. Co-located Facility. A wireless telecommunication facility that is attached to an existing pole, tower, or other structure including, but not limited to, a structure that can accommodate the future installation of two or more antenna systems.

2. Freestanding Facility. A new tower, monopole, or other unattached structure erected to support wireless communication antennas and connecting appurtenances.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 9-1-04, p. 30490; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 9-13-06, p. 84870, § 2; Amend Coun. J. 9-13-06, p. 84912, § 3; Amend Coun. J. 12-13-06, p. 95363, § 1; Amend Coun. J. 9-27-07, p. 9539, § 3; Amend Coun. J. 9-27-07, p. 9546, § 3; Amend Coun. J. 10-31-07, p. 12062, § 1; Amend Coun. J. 12-12-07, p. 17742, § 1; Amend Coun. J. 4-9-08, p. 24657, § 7; Amend Coun. J. 5-14-08, p. 28180, § 1; Amend Coun. J. 5-13-09, p. 62736, § 1; Amend Coun. J. 5-12-10, p. 91343, § 4; Amend Coun. J. 6-30-10, p. 96060, § 4; Amend Coun. J. 11-3-10, p. 104527; Amend Coun. J. 11-3-10, p. 104833, § 2; Amend Coun. J. 2-9-11, p. 112149, §§ 25 – 27; Amend Coun. J. 5-4-11, p. 117699, § 10; Amend Coun. J. 6-8-11, p. 1725, § 6; Amend Coun. J. 7-6-11, p. 3073, § 12; Amend Coun. J. 9-8-11, p. 7541, § 9; Amend Coun. J. 5-9-12, p. 27485, §§ 198 – 201; Amend Coun. J. 11-8-12, p. 38872, §§ 282, 283; Amend Coun. J. 1-17-13, p. 45622, § 1; Amend Coun. J. 2-13-13, p. 47140, § 1; Amend Coun. J. 2-13-13, 47141, § 1; Amend Coun. J. 10-16-13, p. 61664, § 2; Amend Coun. J. 4-20-14, p. 80394, § 8; Amend Coun. J. 7-29-15, p. 4110, § 5)

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