For the purpose of this title, certain terms shall be interpreted or defined as follows: When not inconsistent with the context, words used in the present tense include the future tense, words in the singular number include the plural number and words in the plural number include the singular number. The word "shall" is always mandatory and not merely directory. The term "person" shall mean an individual, partnership, corporation or other association or their agents. The word "lot" includes the word "plot" or "parcel". The word "used" or "occupied" shall include the words "intended, arranged or designed, to be used or occupied". Terms not herein defined shall have the meanings customarily assigned to them.
ACCESSORY USE: A use customarily and exclusively incidental and subordinate to the main use of the premises.
ALLEY: A public or private way which affords only a secondary means of access to abutting property and which is not intended for general traffic circulation.
ALTERATIONS: As applied to a building or structure, is a change or rearrangement of building components, enlargement, or relocation of exit facilities.
APARTMENT: A dwelling unit located in a building which contains more than two (2) dwelling units.
APARTMENT HOUSE: A residential structure containing three (3) or more apartments.
ARCHITECTURAL FEATURES: "Architectural features" of a building shall include cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.
AREA, BUILDING: The total of areas taken on a horizontal plane at the main grade level of all principal and accessory buildings, exclusive of uncovered porches or terraces.
AUTOMOBILE REPAIR: General repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision services, such as body, frame, or fender straightening and repair; overall painting and vehicle rustproofing.
AUTOMOBILE SERVICE STATION: A building or structure designed or used for the retail sale or supply of fuels (stored only in underground tanks), lubricants, air, water, and other products for motor vehicles, and may include the facilities for the installation of such products on or in such vehicles.
BASEMENT: That portion of a building partly below grade, but so located that the vertical distance from the average ground level to the ceiling is less than the vertical distance from the average ground level to the floor. If the vertical distance from the average ground level to the ceiling is greater than the distance from average ground level to the floor, such basement shall be considered a full story. (See definition of Story.)
BED AND BREAKFAST ESTABLISHMENT: An operator occupied residence providing accommodations for a charge to the public with no more than five (5) guestrooms for rent, in operation for more than ten (10) nights in a twelve (12) month period. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses, or food service establishments pursuant to state statutes.
BED AND BREAKFAST OPERATOR: The owner of the bed and breakfast establishment, or the owner's agent, who is required by this act to reside in the bed and breakfast establishment, or on contiguous property.
BLOCK: A tract of land bounded on all sides by any of the following:
(A) Streets;
(B) Public parks;
(C) Railroad rights of way, when located at or above ground level but not including sidings or spurs in the same ownership as the zoning lot; or
(D) Corporate boundary lines of the city of Canton.
BLOCK, FRONT: All of the property on one side of a street and lying between the two (2) nearest intersecting streets, or between one intersecting street and a railroad right of way, unsubdivided acreage, river or lake; or between any of the foregoing or any other barrier to the continuity of development.
BOARDING HOUSE: A building where the principal occupants thereof reside, and provide meals or lodging and meals, for compensation to three (3) or more persons other than members of the keeper's immediate family, by prearrangement for definite periods of not less than one week, where individual cooking facilities are prohibited.
BUILDING: A structure, either temporary or permanent, having a roof supported by columns or walls for the shelter, support, enclosure of persons, animals, or chattels. Tents, awnings or vehicles situated on private property and used for purposes of a building shall also be considered a building. When any portion of a structure is completely separated from every other part thereof by load bearing party walls from the ground up, and without openings, each such portion of such structure shall be deemed a separate building.
BUILDING HEIGHT: See definition of Height Of Building.
BUILDING LINE: A line established, in general, parallel to the front lot line, or right of way line, beyond which no part of a building shall project, except as otherwise provided by this title. (See definition of Setback.)
BUILDING, MAIN OR PRINCIPAL: A building in which is conducted the principal use of the lot on which it is situated.
CARPORT: A partially enclosed structure principally devoted to the storage of motor vehicles.
CELLAR: See definition of Basement.
CLUB: A nonprofit organization of persons for special purposes or for the promulgation of agriculture, sports, arts, science, literature, politics or the like.
COMMISSION: The city joint planning and zoning commission of Canton, Illinois.
CONVALESCENT OR NURSING HOME: A home for the care of children or the aged, or infirm, or a place of rest for those suffering bodily disorder, wherein two (2) or more persons are cared for. Said home shall conform to the requirements of state law although state laws may not apply to such home because the number of persons cared for as specified in this definition is less than the number set forth in the state statutes.
COVERAGE: That percentage of the plot or lot area covered by the building(s).
DISTRICT: A portion or portions of the city of Canton within which uses of land and buildings are permitted and wherein regulations and requirements apply under the provisions of this title on a uniform basis.
DRIVE-IN ESTABLISHMENT: A business establishment so developed that all or any part of its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle (e.g., restaurants, cleaners, banks, theaters).
DUPLEX: A building containing two (2) dwelling units. Each dwelling unit shall be independent in terms of living facilities including kitchen, bath, sleeping rooms, etc.
DWELLING, MULTIPLE: A building or portion thereof, used or designed for three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY: A detached building, used or designed for not more than one dwelling unit.
DWELLING, TWO-FAMILY: A detached building, used or designed for two (2) but not more than two (2) dwelling units.
DWELLING UNIT: Any building or portion thereof having cooking facilities which is used or designed wholly as the residence of one family, or an individual, whether permanently or transiently. In case of mixed commercial-residential occupancy, where a building is occupied in part as a dwelling unit, the parts so occupied shall be deemed as a dwelling unit for the purpose of this title and shall comply with the provisions thereof relative to dwellings.
EFFICIENCY UNIT: A dwelling unit consisting solely of one principal room, and a bathroom, kitchen, hallway, and closets.
ERECTED: Shall include the words built, reconstructed, moved upon, or any physical operations on the premises required for the building. Building excavations, fill, drainage, and the like shall be considered a part of erection.
ESSENTIAL SERVICES: The erection or maintenance by public utilities, municipal departments or commissions, of underground, surface or overhead gas, communication, electrical, steam, fuel or water transmission or distribution systems, collection, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarms, and police call boxes, traffic signals, hydrants, and similar accessories in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general public health, safety, convenience, or welfare.
EXCAVATING: The removal of sand, stone, gravel, or fill dirt below the average elevation of the surrounding land and/or established grade, whichever shall be the higher.
FAMILY: One or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth, adoption or marriage, but no unrelated group shall consist of more than five (5) persons as distinguished from a group occupying a boarding or lodging house, as herein defined.
FENCE: A physical barrier separating two (2) independent land uses or dividing land areas. Can provide physical and/or visual separation.
FILLING: The depositing or dumping of any matter onto, or into the ground, except such as is related to common household gardening.
FILLING STATION: See definition of Automobile Service Station.
FLOOR AREA: The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The "floor area" of a building shall include the basement floor area when more than one-half (1/2) of the basement height is above the established curb level, or average ground level, whichever is higher. (See definition of Basement.) "Floor area" shall include elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), attic space having headroom of seven feet ten inches (7'10") or more, interior balconies, and mezzanines. Any space devoted to off street parking or loading shall not be included in "floor area".
GARAGE, COMMERCIAL: Any building except those described as a private, community or storage garage, available to the public and used principally for the storage of automobiles or motor driven vehicles, for remuneration, hire or sale, where any such vehicles or engines may also be equipped for operation, repaired, rebuilt or reconstructed, and where vehicles may be greased, washed or serviced.
GARAGE, PRIVATE: An accessory building used primarily for the storage of self-propelled vehicles for the use of the occupants of a lot on which such building is located and with a capacity of not more than four (4) motor driven vehicles. The foregoing definition shall be construed to permit the storage on any one lot, for not more than one vehicle plus those of the occupants thereof. In no instance shall the garage house more than one commercial vehicle. Such vehicle shall not exceed a rated capacity of one and one-half (11/2) ton, and shall be used solely by the occupants of the lot.
GARAGE, STORAGE: A building, except a private garage, used exclusively for the storage of vehicles, and where such vehicles are not repaired or otherwise serviced or cared for.
GRADE: The established grade of a lot shall be the elevation of the curb or sidewalk at the midpoint of the front of the lot. In cases where there is no curb or sidewalk, the grade shall be established by the city engineer. When a lot has frontage on more than one street, the grade shall be considered to be the average of the individual grades of each street on which the lot has frontage.
GREENBELT: A strip of land planted with shrubs and/or trees to serve as an obscuring screen or buffer strip. (See chapter 15 of this title.)
GROUND LEVEL, AVERAGE: The average elevation of the finished ground surface adjacent to the walls or foundation of the principal structure on a lot.
HEIGHT OF BUILDING: The vertical distance from the finished ground level at the center of the front of the building to the highest point of the roof surface of a flat roof, to the deck line for a mansard roof, to the mean height level between the eaves and ridge for hip, gabled and gambrel roofs.
HOSPITAL: An institution providing health services, primarily for patients who remain overnight, and medical and surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices.
HOTEL, INN OR MOTOR HOTEL: A building occupied or used for the lodging of individuals with or without meals, and in which there are more than five (5) sleeping rooms, and in which no provision is made for cooking in any guestroom.
JUNK: Any motor vehicles, machinery, appliances, products, merchandise with parts missing, or scrap metals or other scrap materials that are damaged, deteriorated, or are in a condition which would preclude the product's use for its originally designed purpose.
JUNKYARD: A lot or part thereof which is used for storage, keeping or abandonment of junk, including scrap metal, vehicles, machinery or parts thereof.
KENNEL: Any lot or premises on which four (4) or more dogs, four (4) months or more old, are kept permanently or temporarily.
LABORATORY: A place devoted to experimental or routine study, such as testing and analytical operations, and in which manufacturing or dumping of product(s) is not permitted.
LOADING SPACE: An off street space on the same lot with a building or group of buildings, for temporary parking for a commercial vehicle while loading and unloading merchandise or materials.
LOT: A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use including open space or accessory uses belonging to same.
LOT AREA: The total horizontal area within the lot lines of a lot. For lots fronting or lying adjacent to private streets, the lot area shall be interpreted to mean that area within lot lines separating the lot from the private street and not the area within said private street.
LOT, CORNER: A lot located at the intersection of two (2) streets or a lot bounded on two (2) sides by a curving street, two (2) chords of which form an angle of one hundred thirty five degrees (135°) or less. The point of intersection of the street lot lines is the "corner". In the case of a corner lot with curved street line, the corner is that point on the street lot line nearest to the point of intersection of the chords described above.
LOT COVERAGE: The area of the lot occupied by buildings or structures, including accessory buildings or structures.
LOT DEPTH: The mean horizontal distance from the front property line to the rear lot line.
LOT, DOUBLE FRONTAGE: An interior lot having frontages on two (2) more or less parallel streets, as distinguishable from a corner lot. In the case of a row of double frontage lots, one street may be designated as the front street for all lots in the plot.
LOT, INTERIOR: A lot other than a corner lot. Any portion of a corner lot more than one hundred twenty feet (120') from the "corner", measured along a front street lot line, shall be considered an interior lot, provided such portion is of sufficient width, length, and area to meet the minimum requirements of the zoning district in which it is located.
LOT LINE, FRONT: Any lot line which is a street line except that in the case of a corner lot, the front line is the shorter of the two (2) intersecting lines. In the case of a double frontage lot, either of the lines which are street lines shall be considered front lot lines unless otherwise designated in the plat.
LOT LINE, REAR: Ordinarily, that lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular or triangular shaped lot, a line ten feet (10') in length entirely within the lot parallel to and at the maximum distance from the front lot line of the lot shall be considered to be the rear lot line for the purpose of determining depth of rear yard. In cases where none of these definitions are applicable, the zoning administrator shall designate the rear lot line. (See definition of Lot, Double Frontage.)
LOT LINE, SIDE: Any lot line which is not a front lot line or a rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
LOT LINE, STREET OR ALLEY: A lot line separating the lot from the right of way of a street or an alley.
LOT LINES: The property lines bounding the lot.
LOT OF RECORD: An area of land which, prior to the effective date hereof, was in separate ownership and has remained in separate ownership and which, prior to such effective date either: a) was designated as a lot on a plat of subdivision recorded in the office of the recorder of deeds of Fulton County; or b) was recorded pursuant to statute in the office of the recorder of deeds of Fulton County, Illinois.
LOT WIDTH: The horizontal distance between the side lot lines, measured at two (2) points where the building line, or setback, intersects the side lot lines.
MINISTORAGE: An unattended structure containing four (4) or more separately partitioned rental units to be used exclusively for the storage of personal property by the public where the renter has direct access to the rental unit at all times.
MOBILE HOME/HOUSE TRAILER: A structure meeting less than minimum construction standards as established by the city building codes and designed to be used for human habitation, carrying or storage of property, being able to be easily equipped with wheels or other devices for the purpose of transportation from place to place. Neither removal of wheels, placing of structure on foundation, nor disguising the undercarriage with a metal apron shall change its classification to other than a mobile home. Camping trailer is a vehicle intended only for seasonal use but not for living purposes within the municipality. For the purpose of this title, no trailer of any kind over thirty two feet (32') in length shall be considered a camping trailer.
MOBILE HOME PARK OR TRAILER PARK: The premises upon which permanent facilities are located for a specified minimum number of trailer coaches or mobile homes as indicated in this title.
MOTEL: A series of attached, semidetached, or detached rental units containing bedroom, bathroom and closet space.
MOTOR VEHICLE: A vehicle, motorcycle or truck which is self- propelled by mechanical power. Definition excludes self- propelled motor homes or campers.
NONCONFORMING USE: Any use of land or a structure, or portions thereof, without regard to land area or setback requirements, which does not conform to the use regulations of the zoning district in which it is located; provided, however, that said use was in existence on the date of adoption hereof or subsequent amendments thereto which directly affect the land or structure in question. Violations of existing regulations shall not hereafter be deemed legal nonconforming uses.
OCCUPIED: The word "occupied" includes arranged, designed, built, altered, converted to, rented or leased, or intended to be occupied.
OFF STREET PARKING LOT OR SPACE: An all weather surfaced area within the lot lines, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one standard automobile, and if the space is enclosed comprising an area of not less than one hundred fifty (150) square feet; if unenclosed, at least twenty feet by ten feet (20' x 10') with an all weather surface permitting satisfactory ingress and egress of an automobile.
OPEN AIR BUSINESS USES: Open air business uses, if operated for profit, shall include the following:
(A) Bicycle, trailer, motor vehicle, mobile and modular homes, boats or home equipment sale or rental services.
(B) Outdoor display and sale of garages, swimming pools, and similar uses.
(C) Retail sale of fruits, vegetables, and perishable foods.
(D) Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment.
(E) Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf driving ranges, children's amusement parks or similar recreation uses.
OPEN FRONT STORE: A business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter said structure.
PARCEL: A tract of land owned by one entity i.e., individual, family, corporation, partnership, etc.
PORCH, ENCLOSED: A covered entrance to a building or structure which restricts the free entry of air, natural light, or view by means of permanently installed fixtures, and which projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.
PORCH, OPEN: A covered entrance to a building or structure which is unenclosed except for columns supporting the porch roof and railing which may be attached thereto, and which projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.
PUBLIC UTILITY: Any persons, firm, corporation, municipal department, board or commission duly authorized to furnish and furnishing, under federal, state or municipal regulations, to the public, electricity, gas, steam, communications, telegraph, transportation, or water services.
RESIDENCE DISTRICT: Any one or all of the R-1, R-2, R-3 and R-4 districts.
ROOMING HOUSE: A building or part thereof, other than a hotel, in which sleeping accommodations are provided for hire, but meals are not furnished and in which individual cooking facilities are prohibited. (Also see definition of Boarding House.)
ROW HOUSE OR TOWNHOUSE: A row of three (3) or more attached dwelling units, not more than two and one-half (21/2) stories in height, each dwelling having its own front and rear yards and entrances.
SETBACK: The minimum horizontal distance between the front of the building, excluding steps and unenclosed porches and the front street or right of way line. (See definition of Building Line.)
SIGN, OUTDOOR ADVERTISING: Any card, cloth, paper, metal, painted glass, wood, plaster, stone or other object of any kind or character whatsoever which is intended to direct attention to a business or profession, or to a commodity, service or entertainment, and which is placed on the ground or on any wall, tree, bush, rock, post, fence, building structure, or thing whatsoever. The term "placed" as used in the definition of "outdoor advertising sign" and "outdoor advertising structure" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or other fastening, affixing, or making visible to the public in any manner whatsoever.
SOIL REMOVAL: Shall mean removal of any kind of soil or earth matter, including topsoil, sand, gravel, clay, rock or similar materials, or combination thereof, except such as is related to common household gardening and agriculture.
STORY: That portion of a building, other than a basement or mezzanine (except as hereinafter provided), included between the surface of any floor and the surface of the floor next above, or if there be no floor above it, then the space between the floor and the ceiling next above it.
A "mezzanine" shall be deemed a full story when it covers more than fifty percent (50%) of the horizontal area of the story underneath said mezzanine or, if the vertical distance from the floor next below it, to the floor next above it, is twenty feet (20') or more.
For the purpose of this title, a basement shall be as a full story; if the average vertical distance from the average ground level to the ceiling is greater than the average vertical distance from the ground level to the floor level, if it is used for dwelling purposes, the basement shall be considered a full story.
STORY, HALF: The part of a building between a pitched roof and the uppermost full story, said part having a finished floor area which does not exceed one-half (1/2) of the floor area of said uppermost full story.
STREET: A thoroughfare which affords traffic circulation and a principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare, except an alley.
STRUCTURAL ALTERATION: Any change, other than incidental repairs, in the supporting members of a building or structure such as bearing walls, or partitions, columns, beams or girders, or any change in the width or number of exits, or any substantial change in the roof.
STRUCTURE: Anything constructed or erected which requires permanent location on the ground or attachment to something having a permanent location on the ground and includes among other things, stadiums, platforms, radio towers, sheds, storage bins, fences and display signs.
STRUCTURE, OUTDOOR ADVERTISING: Any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign or billboard may be placed, including outdoor advertising statuary.
SWIMMING POOL: Any structure or container intended for swimming or bathing, located either above or below grade designed to hold water to a depth greater than twenty four inches (24").
TEMPORARY BUILDING AND USE: A structure or use permitted to exist during periods of construction of the main structure or use for special events, not to exceed two (2) years.
YARD: An open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this title. A required yard extends along a lot line and at right angles to such line to a minimum depth or width specified in the yard regulations and for the district in which such lot is located.
YARD, FRONT: A yard extending along the full width of a front lot line between side lot lines and from the front lot line to the front building line in depth.
YARD, REAR: The portion of the yard on the same lot with the principal building, located between the rear line of the building and the rear lot line and extending for the full width of the lot.
YARD, SIDE: A yard extending along a side lot line between the front and rear yards, except that a side yard abutting a street shall be defined as the yard extending along a side lot line between the front yard and the rear lot line. (Ord. 567, 11-1976; amd. Ord. 1115-A, 8-19-1986; Ord. 1565, 11-4-1997; Ord. 1714, 12-4-2001; Ord. 3041, 12-3-2013)