Whenever the following words or terms are used in this title, they shall have such meaning as ascribed to them below unless the context specifically indicates otherwise:
ACCESSORY BUILDING, STRUCTURE, OR USE: A subordinate building, structure, or use which is customary and incidental to the principal building or use and which is located on the same lot or parcel of land with the principal building or use. Parking lots or spaces shall not be considered as accessory uses under this definition. Accessory buildings shall not be used for dwelling purposes.
ADMINISTRATIVE OFFICER: The individual designated by this title to administer the provisions of this zoning title.
ADULT BOOKSTORE: An establishment having any portion of its stock in trade, books, magazines, films, or other electronically recorded material for sale or viewing on premises by use of motion picture device or any other means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified anatomical areas" or "specified sexual activities" including instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
ADULT LIVE ENTERTAINMENT: Any activity involving the presentation of live models displaying lingerie, or otherwise presenting live artistic modeling with said modeling displaying the human body in a nude or seminude state, distinguished or characterized by an emphasis of "specific anatomical areas" for observation by patrons therein and including, but not limited to, topless dancers, strippers, male or female impersonators, or similar entertainment.
ADULT MINI-MOTION PICTURE THEATERS: An enclosed building with a capacity for less than fifty (50) persons, predominately used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified anatomical areas" or "specific sexual activities" for observation by paying patrons therein. "Predominately" shall mean all presentations.
ADULT MOTION PICTURE THEATERS: An enclosed building with a capacity for fifty (50) or more persons, predominately used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specific anatomical areas" or "specific sexual activities" for observation by paying patrons therein. "Predominately" shall mean all presentations.
ADVERTISING DEVICE: Banners affixed on poles, wires, or ropes; and streamers, wind operated devices; flashing lights; and other similar devices.
ALLEY: A trafficway dedicated to public use which affords a secondary means of vehicular access to the back side of properties otherwise abutting a street.
ALTERATION: Any appreciable change in the external architectural features of any structure or building, visible from a public way or from adjoining property.
APARTMENT: A room or suite of rooms in a multiple- or two-family dwelling or where more than one living unit is established above nonresidential uses, intended or designed for use as a residence by a single family, as defined herein, and providing essential housekeeping facilities, kitchen and cooking facilities, bath and sleeping quarters.
APARTMENT HOUSE: See definition of Dwelling, Multiple-Family.
AUTO LAUNDRY: A building, or portion thereof, containing facilities for washing automobiles using production line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices; or providing space, water, equipment, or soap for the complete or partial hand washing of such automobiles whether by operator or by customer.
AUTO PARTS RECYCLER: A person who is in the business of acquiring previously owned vehicles for parts for the primary purpose of disposing of vehicles' parts for reuse, in a manner other than by shredding or melting.
AUTOMOBILE SERVICE STATION: One or more buildings or premises where gasoline, oil, and grease may be supplied and dispensed at retail and incidental repair, batteries, tires, accessories, and maintenance may be obtained. Uses permissible at a service station do not include major mechanical and body work, straightening or replacement of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving greater than normally found in service stations. A service station is not a repair garage or a body shop. All activities incidental to the sale of gasoline or oil shall be conducted within a building and there shall be no storage or accumulation of equipment or motor vehicles outside of the principal structure.
BASEMENT: A story having part, but not more than fifty percent (50%) of its height below the average grade of the adjoining ground (as distinguished from a "cellar"). A basement shall be counted as a story for the purpose of height measurement.
BED AND BREAKFAST HOUSE: An operator occupied building providing accommodations for a charge to the public and by prearrangements for definite periods. Only one meal, breakfast, shall be served to guests.
BILLBOARD: A type of sign having more than fifty (50) square feet of display surface which is either erected on the ground or attached to or supported by a building or structure.
BOARD OF APPEALS: The zoning board of appeals of the village.
BUILDING: Any structure having a roof supported by columns or walls built for support, shelter or enclosure of persons, animals, chattels, or property of any kind, but not including any vehicles, trailer, or mobile home (with or without wheels), or any movable device such as furniture, machinery or equipment, or portable hog houses.
BUILDING HEIGHT: The vertical distance from the average grade to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or the mean height level between eaves and ridge for gable, hip, and gambrel roofs.
BUILDING SETBACK LINE: A line within a lot or other parcel of land so designated on the plat or as required by this title which denotes the area between such line and the adjacent street right of way line where structures are prohibited, except those that are permitted by the zoning title.
BULK STORAGE: As set forth in the rules and regulations of the Illinois state fire marshal.
CELLAR: A story having more than one-half (1/2) of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurements.
CHILDCARE CENTER: Any licensed place, home, or institution which receives three (3) or more children under the age of sixteen (16) years and not of common parentage for care apart from their natural parents, legal guardian, or custodians when received for regular periods of time for compensation.
CLINIC: An establishment used for the care, diagnosis, and treatment of sick, ailing, infirm, or injured persons (those who are in need of medical, psychiatric, chiropractic, or surgical attention, but who are not provided with board or room or kept overnight on the premises). A clinic may include an apothecary, pharmacy, or drugstore as an integral part of the clinic.
CLUB OR LODGE, PRIVATE: Building and facilities owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
COMMUNITY DEVELOPMENT BOARD: The community development board of the village.
DRIVE-IN RESTAURANT OR REFRESHMENT STAND: Any licensed place or premises principally used for the sale, dispensing, or serving food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on or off the premises.
DWELLING: A building, or portion thereof, designed or used exclusively for residential occupancy, but not including home trailers, mobile homes, hotels, motels, boarding and lodging homes, tourist courts or tourist homes.
DWELLING, MULTIPLE-FAMILY: A residential building designed for occupancy by four (4) or more families.
DWELLING, SINGLE-FAMILY: A detached residential dwelling unit other than a mobile home designed for occupancy by one family only.
DWELLING, TWO-FAMILY: A detached residential building containing two (2) dwelling units designed for occupancy by not more than two (2) families (duplex).
DWELLING UNIT: Residential living area which consists of one or more rooms which are arranged, designed, or used as living quarters for one family only.
EASEMENT, ACCESS: The vested right to use property for the purpose of access by abutting property, such right being held by someone other than the owner who holds title to the land over which the easement of access is granted.
ESSENTIAL SERVICES: Includes the erection, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical communications, supply or disposal systems, retention ponds, including poles, wires, mains, drains, sewers, pipes, conduits, cables, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
EXTERIOR ARCHITECTURAL FEATURE: The architectural style, color, and general arrangement of the exterior of the structure, including the type and texture of building materials, all windows, doors, lights, signs, and other fixtures appurtenant thereto.
FAMILY/HOUSEHOLD: One or more persons occupying a premises and living as a single housekeeping unit, related to each other by blood, adoption, or marriage. Unrelated groups consisting of not more than five (5) persons occupying a premises and living as a single housekeeping unit shall be known as a household. These are distinguished from a boarding house, lodging house, or "hotel", as defined herein.
FARM: An area which is used for the growing of the usual farm products such as vegetables, fruit, trees, and grain and their storage on the area, as well as for raising thereon of the usual farm poultry and farm animals such as horses, cattle, and sheep (in accordance with applicable village ordinance). The term "farming" includes the operation of such an area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating or storing the products; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities. A "farm" shall contain an area of five (5) acres of more.
FARMSTEAD: The buildings and adjacent service areas of a farm, including one dwelling unit whose occupants earn a substantial part of their livelihood from the farm operation, plus a second dwelling unit if used by farm help whose livelihood is derived in substantial part from the farm operation.
FENCE: Structure which is a barrier used to mark a boundary or as a means of protection, confinement, screening, or decoration.
FLOODPLAIN OR SPECIAL FLOOD HAZARD AREA (SFHA): Those lands within the jurisdiction of the village that are subject to inundation by the flood having a one percent (1%) probability of being equaled or exceeded in any given year (also known as the 100-year flood).
FRONTAGE: All property on one side of the street between two (2) intersecting streets (crossing or terminating) measured along the line of the street, or, if the street is dead ended, then all of the property abutting on one side between an intersection street and the dead end of the street.
GARAGE, PRIVATE: An accessory building housing motor driven vehicles which are the property of and for the private use of the occupants of the lot on which the private garage is located and not more than one of the vehicles may be a commercial vehicle of not more than three (3) ton capacity. Space may be rented for the occupancy of a private vehicle in accordance with this definition.
GARAGE, PUBLIC: Any building or premises except those used as a private or storage garage used for equipping, hiring, selling, or storing motor driven vehicles.
GARAGE, STORAGE: Any building or premises used for housing only motor driven vehicles other than trucks and commercial vehicles pursuant to previous arrangements and not to transients and at which automobile fuels and oils that are not sold and motor driven vehicles are not equipped, repaired, hired or sold.
GASOLINE: As set forth in the rules and regulations of the Illinois state fire marshal.
GRADE: The average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any nonconforming wall approximately parallels and is not more than five feet (5') from a road line, then the elevation of the road at the corner of the wall adjoining the road shall be the grade.
GUESTROOM: A sleeping room intended to serve no more than two (2) guests per night.
HOME OCCUPATION: Any occupation or activity incidental to residential use when carried on in the main building by immediate family residing on the premises in connection with which there is used not other than a nonilluminated name plate not more than one square foot in area and no display used that will indicate from the exterior that the building is being used for any purpose other than that of a dwelling. No person is employed other than a member of the immediate family residing on the premises.
HOTEL: A building in which lodging and possible food services are provided and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to the boarding house or multiple-family dwelling as herein separately defined.
INSTITUTION: A building occupied by a nonprofit corporation or nonprofit establishment for public use.
JUNKYARD: A lot, land, or structure, or part thereof, used primarily for the collection, storage, and sale of waste, paper, rags, scrap metal, or discarded materials or for the collection, storage, dismantling and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof. The term "junkyard" shall include auto wrecking yards.
KENNEL: Any lot or premises on which are kept two (2) or more dogs more than six (6) months of age for compensation, sale, or personal use.
LAUNDROMAT: An establishment providing home type washing, drying, or ironing machines for hire to be used by customers on the premises.
LIQUEFIED PETROLEUM GAS: As set forth in the rules of the Illinois state fire marshal.
LODGING AND ROOMING HOUSE: Operator occupied building providing accommodations for a charge to the public and by prearrangement for definite periods; meals are not provided for guests, not open to transient guests in contradistinction to hotels, motels, and camps, which are open to transient guests.
LOT: A parcel of land occupied or intended for occupancy by a use permitted in this title, including one main building together with its accessory buildings, the open spaces and parking spaces required by this title, and having its principal frontage upon a street or upon an official approved place.
LOT AREA: The total horizontal area included within lot lines.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OF: The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) nonintersecting streets as distinguished from a corner lot.
LOT, FRONTAGE: That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.
LOT, INTERIOR: Any lot other than a corner lot with only one frontage street.
LOT OF RECORD: A lot which is part of a subdivision, the map of which has been recorded in the office of the recorder of deeds for Henry County, Illinois, prior to June 13, 1972.
LOT WIDTH: The distance between straight lines connecting front and rear lot lines at each side of the lot. Where side lot lines are not continuously parallel or at right angles to the abutting street, the average of the rear and front widths shall be used.
MOBILE HOME: A portable or mobile living unit (either single or double width) used or designed for human occupancy on a permanent basis. A travel trailer is not to be considered a mobile home.
MOBILE HOME PARK: A parcel of land under single ownership which has been designed or improved or is intended to be used or rented for occupancy by one or more mobile homes or house trailers on a relatively permanent basis and in contradistinction to a transient or camper park.
MOTEL: A building primarily for transients traveling by motor driven vehicles with parking space on the premises for each lodging unit and with access to each such unit directly from the outside.
NEIGHBORING STRUCTURE: Any existing structure or any structure for which a building permit has been issued which is situated on any one of the following lots:
A. Any lot within one lot on the same side of the street on either side of the proposed construction, without regard to intersecting street lines; or
B. Any lot within one lot of the property directly across from the proposed construction on the opposite side of the street, without regard to intersecting street lines; or
C. Any lot within one lot of the proposed construction providing such lot is abutting a street intersecting the street upon which the proposed construction will be located and that the front elevations of the subject structures will be approximately ninety degrees (90°) to each other.
NONCONFORMING USE, ILLEGAL: Buildings or premises whose use is changed after the adoption date hereof for purposes which do not meet the requirements of the district in which said building or premises are located. Such nonconforming uses are violations of this zoning title (see chapter 14 of this title).
NONCONFORMING USE, LEGAL: Continued use of buildings or premises for purposes which, prior to the adoption date hereof, do not meet the requirements of the zoning district in which such building or premises are located.
NURSING HOME INCLUDING CONVALESCENT HOME, REST HOME AND HOME FOR THE AGED: An establishment used as a dwelling place by the aged, infirm, chronically ill or incurably afflicted persons in which not less than three (3) persons live or are kept or provided for on the premises for compensation excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment, or care of the sick or injured.
OPERATOR OCCUPIED: The owner or the owner's manager of an establishment who is required to reside within the main building of the establishment.
OVERLAY DISTRICT: The districts do not change the zoning of the underlying area, but impose additional regulations because of location in the floodplain and historic preservation district or grant relief from certain zoning requirements for mutual benefit of the village and development for a planned unit development (PUD).
PARKING LOT: An enclosed area providing space for the storage or parking of two (2) or more automobiles with the necessary access driveways and aisle space to permit ingress and egress of automobiles to the lot and individual designated parking spaces without moving other automobiles. Each parking space therein shall be at least eleven feet (11') wide and contain one hundred seventy six (176) square feet per parking space. The same shall be paved in accordance with subsection 10-7-1F of this title.
PARKING SPACE: A durably surfaced area enclosed in the main building, in an accessory building, or enclosed, sufficient in size to store one standard automobile and, if the space is unenclosed, comprising an area of not less than one hundred seventy six (176) square feet, exclusive of a driveway, connecting the parking space with the street or alley and permitting satisfactory ingress and egress of any automobile.
PLANNED UNIT DEVELOPMENT: A development which may involve the creative location and intermixing of various types of residential housing and a limited amount of business use, if desired, on one tract of land.
PREMISES: A lot, together with all buildings and structures thereon.
PRINCIPAL BUILDING, STRUCTURE, OR USE: A building, structure, or use which comprises the main or primary occupation and focus of a lot. Although the size of a building shall be a factor in determining whether it is the principal building, size shall be considered in conjunction with all other factors, including the actual use and intent of the occupant in making the determination.
ROADSIDE STAND: A licensed, temporary structure with a floor area of not more than four hundred (400) square feet enclosed and so designed and constructed that is easily portable and can be readily removed.
SATELLITE DISH: A signal receiving device characteristically shaped like a saucer or dish, the purpose of which is to receive communication or other signals from orbiting satellites.
SERVICE STATION: See definition of Automobile Service Station.
SIGN: An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure or land and which directs attention to a product, place, activity, person, institution, or business.
SIGN AREA: The total area of the space to be used for advertising matter, including the spaces between open type letters and figures, including the background structure or other decoration or addition which is an integral part of the sign. Sign supports shall be excluded in determining the area of a sign. A double faced sign shall have twice the total area of a single faced sign.
SIGN, FRONTAGE: The dimension and feet off the ground floor level of a building front or of a side which faces the street which a business occupies. A single building can have more than one sign frontage; corner sites must have separate frontages.
SIGN, GROUND: Any sign erected, constructed, or maintained for the purpose of displaying outdoor advertising by means of posters, pictures, pictorial, and reading matter when such sign is supported by uprights, posts, or braces placed upon or affixed in the ground and not attached to any part of a building; includes billboards.
SIGN, MARQUEE: Any sign affixed to a marquee over the entrance to a building and supported from the building.
SIGN, OFF SITE: A sign other than an on site sign.
SIGN, ON SITE: A sign relating in its subject matter to the premises on which it is located or to products, accommodation services, or activities on the premises. On site signs do not include billboards.
SIGN, PORTABLE: Any ground sign which is not affixed or imbedded into the ground and is capable of being moved or transported from one site to another.
SIGN, ROOF: Any sign erected, constructed, or maintained upon the roof of any building.
SIGN, WALL: Any painted sign or poster on any surface or plane that may be affixed to the front, side or rear wall of any building.
SIGN, WINDOW: A sign placed inside a building next to a window so as to be visible to the outside of the building.
STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof next above such floor; provided that, for the purpose of determining the required dimensions of yards and courts, when the average story height of a building exceeds twelve feet (12'), each twelve feet (12') or fraction thereof of the total building height shall be considered a separate full story or fractional story respectively, except the first story, which may be fifteen feet (15') high.
STORY, HALF: A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than five feet (5') above the floor of such story; provided, however, that any partial story used for residential purposes shall be deemed a full story. A half story may be used for occupancy only in conjunction with the occupancy of the story immediately below.
STREET: A general term used to describe a public right of way which provides designated improved areas for vehicular and pedestrian movement and may provide for vehicular and pedestrian access to properties adjacent to it and which may also provide space for the location of utilities (both above and below ground).
STREET LINE: The line separating the public right of way from property abutting thereon.
STREET, MAJOR: A trafficway connecting communities or connecting to limited access trafficways which, in turn, connect to other communities.
STREET, THOROUGHFARE: A limited access trafficway connecting two (2) or more communities.
STRUCTURAL ALTERATION: Any changes that would prolong the life of the supporting members of a building or structure such as the bearing walls, columns, beams, or girders, not including openings in bearing walls as permitted by other chapters.
STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground including, but not limiting, the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas.
TOURIST OR TRAILER CAMPS: An area designated or designed and equipped to accommodate two (2) or more trailers, tents, or other temporary living or dwelling units and intended to service automobile transients in contradistinction to a mobile home park or court, which is intended for a more permanent occupancy.
TRAVEL TRAILER: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet (8').
VOLATILE OILS: As set forth in the rules and regulations of the Illinois state fire marshal.
YARD: Require open space at-grade unoccupied and unobstructed by any structure or portion of a structure other than projections of uncovered steps, uncovered balconies or uncovered porches; provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height and visibility requirements. In measuring a yard for the purposes of determining the width of side yard, depth of a front yard or rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
YARD, FRONT: Any open space extending the full width of a lot between a building and the front lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.
YARD, REAR: An open space extending the full width of a lot between a building and the rear lot lines, unoccupied and unobstructed from the ground upward, except as hereinafter specified.
YARD, SIDE: An open space extending the front yard to the rear yard between a building and the side lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.
ZONING DISTRICT: Any area or areas within the limits of the village for which the regulations and requirements governing use, lot, and bulk of buildings and premises are uniform.
ZONING MAP: See chapter 3 of this title. (Ord. 244, 6-10-2003)