(A) Construction of terms. In construing the intended meaning of terminology used in this chapter, the following rules shall be observed.
(1) Words and phrases shall have the meanings respectively ascribed to them in division (B) below unless the context clearly indicates otherwise; terms not defined in division (B) below shall have their standard English meanings.
(2) Words denoting the masculine gender shall be deemed to include the feminine and neuter genders.
(3) Words used in the present tense shall include the future tense.
(4) Words used in the singular number shall include the plural number, and the plural the singular.
(5) The term SHALL is mandatory.
(6) The term MAY is discretionary.
(7) The term THIS MUNICIPALITY shall mean the Village of Brighton, Illinois.
(8) The words LOTS, PARCEL, TRACT, and SITE shall be synonymous.
(9) The phrases USED FOR, ARRANGED FOR, DESIGNED FOR, INTENDED FOR, MAINTAINED FOR, and OCCUPIED FOR shall be synonymous.
(10) All distances shall be measured to the nearest integral foot; six inches or more shall be deemed one foot.
(11) References to sections shall be deemed to include all divisions within that section; but a reference to a particular division designates only that division.
(12) A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited.
(Prior Code, § 10-2-1)
(B) Definitions.
ABUTTING. As applied to lots, having a common lot line or district line, or so located in relation to each other that there would be a common lot line or district line but for the existence of a street, alley, or other public right-of-way.
ACCESS WAY. A curb cut, ramp, or other means for providing vehicular access to an off-street parking or loading area from a street.
ACCESSORY STRUCTURE. A detached subordinate building located on the same building site with the main building, the use of which is incidental to that of the main building.
ACCESSORY USE. Any structure or use that is:
(a) Subordinate in size or purpose to the principal use or structure which it serves;
(b) Necessary or contributing to the comfort and convenience of the occupants of the principal use or structure served; and
(c) Located on the same lot as the principal use or structure served.
ADJACENT. Lying near, in the vicinity of, next to, or adjoining.
AGRICULTURE. Any one or any combination of the following: the growing of farm or truck garden crops, dairying, pasturage, horticulture, floriculture, or animal/poultry husbandry. The term AGRICULTURE encompasses the farmhouse, and accessory uses and structures customarily incidental to agricultural activities.
ALLEY. A public right-of-way which affords a secondary means of vehicular access to abutting premises that front on a nearby street.
ALTER. To change the size, shape, or use of a structure.
ALTERATION. Any structural change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams, or girders.
AMENDMENT. A change in the provisions of this chapter (including those portions incorporated by reference) properly effected in accordance with state law and the procedures set forth herein.
APARTMENT. A room or suite of rooms in a multi-family structure, arranged, designed, used, or intended to be used as a single housekeeping unit, and containing complete kitchen, bath, and toilet facilities, permanently installed.
ATTACHED. As applied to buildings, having a common wall and/or a common roof.
AUDITORIUM. A room, hall, or building made a part of a church, theater, school, recreation building, or other building assigned to the gathering of people as an audience, to hear lectures, plays, and other presentations, as well as participate in dances, dinners, expositions, bingos, and the like.
BAR or COCKTAIL LOUNGE. Any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded therefrom by law. It shall not mean premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of said beverages comprises less than 25% of the gross receipts.
BASEMENT. A story having one-half or more of its height below the average level of the adjoining ground.
BED AND BREAKFAST. An operator-occupied residence providing accommodations for a charge to the public with no more than five guest rooms for rent, in operation for more than ten nights in a 12-month period. Breakfast and light snacks/refreshments may be provided to the guests only. BED AND BREAKFAST ESTABLISHMENTS shall not include motels, hotels, boarding houses, or food service establishments.
BLOCK. An area of land entirely bounded by streets, highways, barriers, or ways (except alleys, pedestrianways, or exterior boundaries of a subdivision unless the exterior boundary is a street, highway, or way) or bounded by a combination of streets, public parks, cemeteries, railroad rights-of-way, waterways, or corporate boundary lines.
BOARDING HOUSE. A building or portion thereof (other than a hotel, motel, or apartment hotel) containing lodging rooms for three or more persons who are not members of the keeper’s family, and where lodging and/or meals are provided by prearrangement and for definite periods.
BUILDING. Any covered structure intended for the shelter, housing, or enclosure of persons, animals, or chattels; the term BUILDING shall be construed to include the term STRUCTURE.
BUILDING, ENCLOSED. A building covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior walls or by common walls, with openings only for windows and doors.
BUILDING HEIGHT. The vertical distance measured from the average elevation of the proposed finish grade at the front wall of the building to the highest point of the roof.
BUILDING LINE. The line nearest the front of and across a lot, delineating the minimum open space required between the front of a structure and the street right-of-way line.
BUILDING, PRINCIPAL. A nonaccessory building in which the principal use or the premises is conducted.
BULK. Any one or any combination of the following:
(a) Size or height of structure;
(b) Location of exterior walls at all levels in relation to lot lines, streets, or other structures;
(c) Yards or setbacks; and/or
(d) Lot coverage.
CAMPING TRAILER PARK. A lot developed with facilities for accommodating temporarily occupied camping trailers.
CAMPING TRAILER/RECREATIONAL VEHICLE. A mobile structure designed for temporary occupancy.
CHURCH. A building designed or used for regularly scheduled worship services.
CLINIC. An establishment where licensed medical practitioners or dentists practice medicine or dentistry, but where overnight lodging for sick or injured persons is not provided.
CLUB/LODGE. A nonprofit association or persons who are bona fide members organized for some purpose(s) and paying regular dues and whose facilities are restricted to members and their guests; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
CODE OFFICIAL. The official appointed by the Mayor with the advice and consent of the Village Board to administer this chapter, or his or her representative.
COMMERCIAL USE/ESTABLISHMENT. Any use or establishment wherein goods and/or services are purchased or sold, whether to the consuming public (retail) or to other businesses (wholesale).
COMMUNITY RESIDENCE. A group home or specialized residential care home serving unrelated persons with handicaps which is licensed, certified, or accredited by appropriate local, state, or national bodies. COMMUNITY RESIDENCE does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse or for treatment of communicable diseases.
COMMUNITY RESIDENCE, LARGE. A community residence serving nine to 15 persons with handicaps.
COMMUNITY RESIDENCE, SMALL. A community residence serving eight or fewer persons with handicaps in a family-like atmosphere.
CONFORM. In compliance with the applicable provisions of this chapter.
CONVENIENCE SHOP. Any small retail commercial or service establishment offering goods/services.
DAYCARE CENTER. See the definition of NURSERY SCHOOL.
DECK. An open porch which has no roof, is generally open on the sides, is above ground level, and its intended use is for leisure enjoyment.
DETACHED. As applied to buildings, surrounded by yards on the same lot as the building.
DEVELOP. To erect any structure or to install any improvements on a tract of land, or to undertake any activity (such as grading) in preparation therefor.
DISTRICT ZONING. A portion of the territory of this municipality wherein certain uniform requirements or various combinations thereof apply to structures, lots, and uses under the terms of this chapter.
DRIVE-IN RESTAURANT OR REFRESHMENT STAND. An establishment principally used for the sale of fast order food for consumption off the premises or in parked cars on the premises. FAST ORDER FOOD means food that is:
(a) Primarily intended for immediate consumption;
(b) Available after a short waiting time; and
(c) Packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold.
DRIVEWAY. A gravel or hard surfaced minor way commonly providing vehicular access to a single garage or parking area.
DWELLING. A building or portion thereof designed or used primarily as living quarters for one or more families, but not including hotels, motels, and other accommodations for the transient public.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof containing three or more dwelling units.
DWELLING, SINGLE-FAMILY. A detached dwelling containing one dwelling unit and intended for the occupancy of one family.
DWELLING, TWO-FAMILY. A dwelling containing two dwelling units.
DWELLING UNIT. One or more rooms designed or used as living quarters by one family. A DWELLING UNIT always includes a bathroom and a kitchen.
DWELLING UNIT AREA. The sum of dwelling areas of several floors of a building, excluding basements, measured from the exterior faces of the exterior walls or from the center of the common walls of attached buildings.
EASEMENT. A right to use another person’s real property for certain limited purposes.
EMPLOYEE PARKING. Parking spaces reserved especially for the business’ employees.
ENLARGE. To increase the size (floor area, height, and the like) of an existing principal structure or accessory use, or to devote more land to an existing use.
ERECT. To build or to construct.
ESTABLISHMENT. Either of the following:
(a) An institutional, business, commercial, or industrial activity that is the sole occupant of one or more buildings; or
(b) An institutional, business, commercial, or industrial activity that occupies a portion of a building such that:
1. The activity is a logical and separate entity from the other activities within the building and not a department of the whole; and
2. The activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.
EXISTING. Existing, constructed, or in operation on the effective date of this chapter.
EXTEND. To increase the amount of floor area or land area developed to an existing use.
FAMILY. One person, or two or more persons related by blood, marriage, or legal adoption; or up to four unrelated persons maintaining a common household in a dwelling unit.
FILLING STATION. A building or premises or portion thereof designed and primarily used for the retail sale of gasoline or other automotive fuel, oil, and automotive parts, supplies, and accessories. A FILLING STATION may include secondary facilities for washing vehicles and for making minor automotive repairs.
FREIGHT TERMINAL. A building to which freight is brought by truck, air, or railroad freight cars for later distribution.
FRONTAGE. The linear extent of the front (street side) of a lot.
GARAGE. A structure designed and intended for the storage of motor vehicles, whether free of charge or for compensation.
GASOLINE SERVICE STATION. See the definition of FILLING STATION.
GOVERNMENT. The act or process of administering public policy in a political unit; a political jurisdiction, the office, or function thereof.
HOME OCCUPATION. An accessory use of a dwelling unit for a business, profession, or occupation conducted for revenue purposes. A HOME OCCUPATION is incidental to the primary use of the building as a residence and is conducted by the occupants residing on the premises.
HOTEL. An establishment containing lodging accommodations designed for use by travelers or temporary guests. Facilities provided may include a general kitchen, maid service, desk service, meeting rooms, restaurants, cocktail lounges, and similar ancillary uses, but not cooking facilities in guestrooms.
INTERSECTION. The point at which two or more public rights-of-way (generally streets) meet.
JUNKYARD. An open area of land or an accessory structure that is used for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste or scrap materials.
(a) Such SCRAP MATERIALS include vehicles, machinery, and equipment not in operable condition or parts thereof, and metals, glass, paper, plastics, rags, and rubber tires. A lot on which three or more inoperable vehicles are stored shall be deemed a JUNKYARD.
(b) A JUNKYARD includes an automobile wrecking yard.
KENNEL. Any structure or premises or portion thereof on which more than three dogs, cats, or other household domestic animals, over four months of age, are kept or on which more than two such animals are maintained, boarded, bred, or cared for in return for remuneration or are kept for the purpose of sale.
LANDING STRIP. A level parcel of land, either grass or paved, where aircraft can land and/or take off. Airplane hangars, facilities for refueling and repair, and exterior tie down areas are auxiliary uses that are included in this definition.
LOADING SPACE. An off-street space used for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LOT. A tract of land use, or developed as a unit, under single ownership or under single control. A LOT may or may not coincide with a LOT OF RECORD.
LOT AREA. The area of a horizontal plane bounded by the front, side, and rear lines of a lot.
LOT, CORNER. A lot having at least two adjacent sides that abut for their full length upon streets. Both such side lines shall be deemed FRONT LOT LINES.
LOT, COVERAGE. The portion of a lot that is occupied by buildings or structures, including accessory buildings or structures.
LOT COVERAGE, MAXIMUM. The maximum percentage of a lot that can be occupied by buildings or structures, including accessory buildings or structures.
LOT DEPTH. The average horizontal distance between the front lot line and the rear lot line of a lot.
LOT LINE, FRONT. Any lot boundary abutting the street.
LOT LINE, REAR. An interior lot line which is most distant from and most nearly parallel to the front lot line. The REAR LOT LINE, on corner lots, shall be defined as the line most distant and most nearly parallel to either of the front lot lines as defined elsewhere in these definitions.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD. An area of land designated as a lot on a plat of subdivision recorded or registered with the Recorder of Deeds of Jersey/Macoupin County, in accordance with state law.
LOT SIZE/BULK VARIANCE. A relaxation of the strict application of the lot size and/or bulk requirements applicable to a particular lot or structure. A LOT SIZE/BULK VARIANCE is associated with the property.
LOT SIZE REQUIREMENT. Refers to the lot area, width, and depth requirements of the applicable district.
LOT, THROUGH. A lot having a pair of approximately parallel lot lines that abut two approximately parallel streets. Both such lot lines shall be deemed FRONT LOT LINES.
LOT WIDTH. The mean horizontal distance between the side lot lines of a lot measured at right angles to the depth; or the same distance measured at a point midway between the front lot line and the rear lot line; or at the rear line of the required front yard (building lines), especially on irregularly shaped lots, as determined by the Code Official.
MAINTENANCE. The routine upkeep of a structure, premises, or equipment, including the replacement or modification of structural components to the extent necessary to keep a structure in sound condition.
MINI-WAREHOUSES. A building, or part of one, for the storage of goods, merchandise, and the like, for rent to individuals for a monthly fee.
MOBILE HOME. A home constructed in a factory, and which is transportable in one or more sections and built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and including the plumbing, heating, air conditioning, and electrical systems contained therein. Any dwelling unit containing the red HUD label shall be considered a MOBILE HOME. The term shall include:
(a) Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing; and
(b) Units designed to be used for residential, commercial, educational, or industrial purposes and are placed on-site on a permanent basis.
MOBILE HOME PARK. A parcel not less than two acres in area in single ownership/control, developed with facilities for accommodating occupied mobile homes in accordance with the requirements of this chapter.
MOBILE HOME STAND. The part of a mobile home space beneath the mobile home that includes the concrete slab or runners on which the home is placed.
MODULAR HOME.
(a) Dwelling units that are designed to be placed on a permanent perimeter foundation which extends below the frost line. These units come in multiple sections.
(b) Only those units which contain the yellow state sticker, or are constructed by a manufacturer approved by the State Department of Public Health, shall be considered a MODULAR HOME.
MOTEL. A building containing lodging rooms having adjoining individual bathrooms, and where each lodging room has a doorway opening directly to the outdoors, and where the lodging rooms are for rent to transient tourists for a continuous period of less than 30 days.
NONCONFORMING. As applied to a lot, structure, or use:
(a) Lawfully existing on the effective date of this chapter; but
(b) Not in compliance with the applicable provisions thereof.
NUISANCE. Any thing, condition, or conduct that endangers health, or unreasonably offends the senses, or obstructs the free use and comfortable enjoyment of property, or essentially interferes with the comfortable enjoyment of life.
NURSERY. A tract of land on which trees, shrubs, and other plants are raised for transplanting and sale, and including any structure in which said activities are conducted.
NURSERY SCHOOL. An establishment for the part-time care and/or instruction (at any time of day) of four or more unrelated children of predominantly pre-elementary school age.
NURSING HOME. A building used as a medical care facility for persons who need long-term nursing care and medical service, but do not require intensive hospital care.
OFF-STREET PARKING AREA. Land that is improved and used primarily for the storage of passenger motor vehicles, free of charge or for compensation. An OFF-STREET PARKING AREA, depending on the circumstances of its use, may be either a principal use or an accessory use.
OFF-STREET PARKING SPACE. An area at least 19 feet long and nine feet wide within an off-street parking area or garage, used for the storage of one passenger motor vehicle.
OFFICE. Any building, or portion thereof, in which the business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted.
PATIO. An at-grade paved area without any walls usually adjacent to a building, and which is intended to be used as an outdoor lounging, dining, or entertaining area.
PERMANENT FOUNDATION. A below-grade formation, consisting of materials such as concrete, mortared concrete block, or mortared brick, extending into the ground a minimum of 36 inches below grade level.
PERMANENT HABITATION. A period of two or more months.
PERMITTED USES. Any use which is or may be lawfully established in a particular district(s), provided it conforms with all the requirements applicable to said district(s).
PERSON. Any individual, firm, association, organization, or corporate body.
PLAN. The geographical and topographical maps, engineering and architectural drawings and specifications, and other information indicating the location and nature of a development.
PORCH. A structure attached to a building to shelter an entrance or to serve as a semi-enclosed space, usually covered with a roof, generally open-sided, and usually large enough to allow seating devices.
PREMISES. A lot and all the structures and uses thereon.
PRINCIPAL BUILDING/STRUCTURE/USE. The main structure erected on or the main use occupying a lot, as distinguished from an accessory (subordinate) structure or use.
PRIVATE STREET. Any street providing access to abutting property that is not maintained by and dedicated to a unit of government.
RECONSTRUCT. As applied to nonconforming structures, to rebuild after partial destruction.
RECREATIONAL VEHICLE. See the definition of CAMPING TRAILER/RECREATIONAL VEHICLE.
RECREATIONAL VEHICLE (RV) PARK. See the definition of CAMPING TRAILER PARK.
REFUSE. Garbage (food wastes) and trash, but not sewage or industrial wastes.
RELOCATE. To move to another portion of a lot or to a different lot.
REPAIR. To restore to sound condition, but not to reconstruct.
RESIDENCE. A site-constructed single-family building designed for use as a residence. The average width and/or length of the living area (excluding garages, carports, porches, or attachments) of a RESIDENCE shall not exceed a ratio of three to one. All RESIDENCES must be placed on a full perimeter permanent foundation extending below the frost depth, must have a minimum three-twelfths pitch roof with residential-style siding and roofing, six inches minimum eaves overhang, and must have a minimum living area of not less than 1,000 square feet. All RESIDENCES must be built to adopted building codes.
RESTAURANT. A food service facility whose principal business is the cooking or preparation of food and beverages in a ready-to-consume state either on or off the premises.
RETAIL. Refers to the sale of goods and services directly to the consumer rather than to another business.
RIGHT-OF-WAY, PUBLIC. A strip of land which the owner/subdivider has dedicated to the village or to another unit of government for streets and alleys.
SANITARY LANDFILL. A tract of open land used for the permanent disposal of refuse in accordance with the requirements of the State Environmental Protection Agency.
SETBACK. The distance between the front lot line and the building line; or between a side or rear lot line and the side of the structure which faces such lot line; or between the appropriate lot line and the nearest boundary of the area of operation which is approximately parallel to such lot line.
SKIRTING. The cover affixed to the bottom of the exterior walls of a mobile home to conceal the underside thereof.
SPECIAL USE. A use that has unusual operational, physical, or other characteristics which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district. SPECIAL USES commonly must meet special standards not necessarily applicable to permitted uses in the district, and are allowed only by permit. A special use permit shall not be transferable.
STOOP. A small porch which is usually not covered with a roof and which is primarily used to provide access to the adjoining building.
STORAGE BUILDING. A structure designed to keep or store goods and equipment. Said BUILDING is not designed for occupancy by families or individuals.
STREET. A public or private way for motor vehicle travel. The term STREET includes a highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court, and similar designations, but excludes an alley or a way for pedestrian use only.
STREET LINE. The street right-of-way line abutting a lot line.
STRUCTURE. Anything constructed or erected on the ground, or attached to something having a fixed location on the ground. All buildings are STRUCTURES, but not all structures are buildings.
STRUCTURE, TEMPORARY. Any structure that is not attached to a permanent foundation.
SWIMMING POOL. Any structure that contains water two feet or greater in depth. This includes in-ground, above-ground and on-ground swimming pools, hot tubs, and spas.
TAVERN. An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where sandwiches and snacks may be available for consumption on the premises.
TOPOGRAPHY. The relief features or surface configuration of an area.
TRAILER. See the definition of CAMPING TRAILER/RECREATIONAL VEHICLE.
USE. The purpose or activity for which land or a structure thereon is designed, arranged, intended, occupied, or maintained.
UTILITY SUBSTATION. A secondary utility facility such as an electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, and the like.
VARIANCE. See the definition of LOT SIZE/BULK VARIANCE.
VILLAS (UNIPLEX). A dwelling which has accommodations for two families, divided by a common or party wall, in which each family area is separately owned.
WHOLESALE. Refers to the sale of goods or services by one business to another business.
YARD. Open space that is unobstructed except as specifically permitted in this chapter and that is located on the same lot as the principal building.
YARD, FRONT. A yard which is bounded by the front lot line and the building line.
YARD LINE. A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of said yard.
YARD, REAR. A yard which is bounded by side lot lines, rear lot lines, and the rear yard line.
YARD, SIDE. A yard which is bounded by the rear yard line, front yard line, side yard line, and side lot line.
ZONING MAP. The map(s) and any amendments thereto designating zoning districts. The ZONING MAP is incorporated into this chapter by reference.
(Prior Code, § 10-2-2) (Ord. passed 4-19-1999; Ord. 677, passed 4-6-2009; Ord. 748, passed 4-7-2014)