ABANDONED SIGN: See definition of Sign, Abandoned.
ACCESSORY STRUCTURE: A structure, not expressly prohibited, the use of which is incidental to the principal structure and which is located on the same lot as the principal structure.
ACCESSORY USE: A use, not expressly prohibited, customarily incidental to the principal use and so necessary or commonly to be expected that it cannot be reasonably assumed to be prohibited.
ACTIVE SOLAR COLLECTOR DEVICE: An assembly, structure, equipment or elements used for gathering, concentrating, or absorbing direct or indirect solar energy, and then storing, distributing, or transforming said energy in the form of gases, solids, liquids, electricity, or combinations thereof for subsequent use where the application of energy from an external source of conventional supply is necessary to move the solar derived energy, such as with a pump or fan. Said device does not include distribution equipment that is equally usable in a conventional energy system except for such components as are necessary for meeting the requirements of efficient solar energy utilization.
ADMINISTRATIVE OFFICIAL: The development services director with the approval of the city manager shall designate and authorize an administrative official of the city as provided in section 1-3A-5 of this code (the planning services manager) to administer the provisions of this title.
ADULT DAY CARE CENTER: Day care centers which provide care for less than twenty four (24) hours a day to more than four (4) adults who are not residents of the facility and which provide services and programs designed to meet the individual needs of the persons served.
ADULT ENTERTAINMENT: Live performances by topless and/or bottomless dancers, strippers or similar entertainers, characterized by the display or exposure of specified anatomical areas.
ALLEY: Any public or private way twenty feet (20') or less in width which is set aside as a permanent right of way for public vehicular travel and which serves as a secondary means of access to abutting property.
ALTERATION: Any act or process which changes one or more of the exterior features and/or interior features of a property and/or improvements on the property which is subject to the design standards for the district in which the property is located.
ANTENNA ARRAY: One or more rods, panels, disks or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antenna (rod), directional antenna (panel) and parabolic antenna (disk). The antenna array does not include the "support structure" defined herein.
ARCHITECTURAL SIGNS: See definition of Sign, Architectural.
ATTACHED WIRELESS COMMUNITY FACILITY (ATTACHED WCF): An antenna array that is attached to an existing building or structure, which structures shall include, but not be limited to, utility poles, signs, or water towers, with any accompanying pole or device which attaches the antenna array to the structure, and associated connection cables and an equipment facility.
AUTOMOBILE RENTAL SERVICES: Rental of cars, vans, light trucks and other motor vehicles weighing less than two (2) tons.
AUTOMOBILE SALES LOT: Any place outside a building where two (2) or more vehicles in operating condition are offered for sale or are displayed for sale or advertising purposes.
AUTOMOBILE WRECKING: The dismantling or wrecking of used motor vehicles, trailers, or farm machinery, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
BANNER: A flexible substrate on which copy or graphics is displayed.
BANNER SIGN: See definition of Sign, Banner.
BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood is also known as the 100-year flood.
BASE FLOOD ELEVATION: The elevation in relation to mean sea level of the crest of the base flood. For the purpose of this title, the elevations listed in the flood insurance study, which study is adopted herein, shall be determinative of the base flood elevation at the points listed in said study. For points lying between the points listed in said study, the base flood elevation shall be determined by prorating the difference between the base flood elevation at consecutive points as shown in said study.
BASEMENT: That portion of a building partially underground, but having less than half its clear floor to ceiling height below grade (see definition of Cellar).
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. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses, or food service establishments.
BEE LAWN: A lawn planting method developed by the University of Minnesota that mixes low-growing flowers with turfgrasses to balance the look and feel of a traditional lawn with pollinator-supportive flower varieties. Bee lawns are still subject to mowing requirements of 11-4-1.
BILLBOARD: See definition of Sign, Off Premises.
BLOCK: A unit of property entirely surrounded by public highways, streets, railroad rights of way, waterways, or other barriers, or a combination thereof.
BOARDING HOUSE: See definition of Rooming House.
BUILDING: A roofed structure enclosed within exterior walls which may contain a breezeway or carport, built, erected, and framed of component structural parts, designed for the housing, shelter, enclosure and support of individuals, animals, or property of any kind. For structure definition, refer to Structure.
BUILDING FACADE: The walls of a building or any other near vertical structural element below the roof surface area(s).
BUILDING FRONTAGE: The length in feet of the ground floor level of a building front and/or sides abutting a public right of way which have a public customer entrance.
BUILDING LINES: The lines nearest and parallel with the lot lines establishing the minimum yards to be provided between the building or structure and the lot lines. For purposes of establishing minimum yards, projections from a building or structure which are not designed for occupancy either above, below or within the projection shall not be considered part of the building or structure. No structural supports of said projections may originate in any required minimum yard. Provided, however, that no part of an active solar collector device shall be allowed to project into any minimum yard. See section 15.2.3.6: “Permitted Projections into Minimum Yards.”
BUSINESS DEVELOPMENT: Two (2) or more contiguous lots containing two (2) or more businesses with unifying elements, such as shared parking or access, and a common commercial zoning classification. The area of the development shall be a minimum of five (5) acres. For the purpose of the sign regulations a business development must include lots that do not have frontage on a state or federal highway and the business development shall be limited to one freestanding sign.
CABIN: A facility that is leased on a temporary basis for recreational purposes which may be fully plumbed, served with electrical power, and/or contain a kitchen and bathroom. This may also include a lodge or similar type of facility.
CANNABIS BUSINESS ESTABLISHMENT: A cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization, or transporting organization.
CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport, and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
CANNABIS INFUSER ORGANIZATION: A facility operated by an organization or business that is licensed by the Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
CANNABIS PROCESSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
CANNABIS TRANSPORTING ORGANIZATION: An organization or business that is licensed by the Department of Agriculture to transport cannabis or cannabis-infused product on behalf of a cannabis
CAREGIVER: A person, whether paid or unpaid, who provides a senior citizen with live-in assistance in meeting daily living needs.
CELLAR: That portion of a building partially underground, but having half or more of its clear floor to ceiling height below grade (see definition of Basement).
CENTERS OR WORKSHOPS FOR MENTALLY OR PHYSICALLY HANDICAPPED: Day care centers which provide care for less than twenty four (24) hours a day to mentally or physically handicapped persons who are not residents of the facility and which provide services and programs to meet the person's needs for care, protection and training.
CERTIFICATE OF APPROPRIATENESS: A certificate issued by the preservation commission indicating its approval of plans for alteration, construction or demolition on property or improvements in a designated district.
CERTIFICATE OF ECONOMIC HARDSHIP: A certificate issued by the preservation commission authorizing an alteration, construction or demolition of property or improvements even though a certificate of appropriateness has previously been denied.
CHILD CARE CENTERS: Day care centers which receive preschool or school age children, or both, for short term or extended hours of care, or out of school hours of care, or out of school hours, and which provide essential personal care, protection, supervision, training and programs to meet the needs of the children served.
CITY: The city of Carbondale, Illinois.
CITY CLERK: The city clerk of the city of Carbondale, Illinois.
CITY COUNCIL: The city council of the city of Carbondale, Jackson County, Illinois.
COLLOCATION/SITE SHARING: Use of a common WCF, or common site by more than one wireless communication license holder, or by one wireless communication license holder for more than one type of communications technology and/or placement of an antenna array on a structure.
COMMENCEMENT OF CONSTRUCTION: This term shall mean the same as "actual start" as defined in the definition of "start of construction".
COMMERCIAL KITCHEN/CATERING: An establishment in which the principal use is to engage in the preparation and production of prepared food items for off premises consumption and/or sale. The byproducts of which will not result in obnoxious emissions or odors. Typical uses include catering, fruit and vegetable canning, wholesale bakeries, commissary kitchens, and/or specialty food packaging.
COMMISSION: The Carbondale planning commission.
COMMUNITY GARDEN: Those that are developed with the primary purpose of providing space for members of the community to grow plants and/or produce for beautification, education, recreation, food security, and/or community distribution.
COMPREHENSIVE PLAN: The complete plan, or any of its parts, for the development of the city and adjacent jurisdictional areas prepared by the commission and adopted by the council in accordance with the authority conferred by the Illinois municipal code, as amended.
CONCENTRATING SOLAR-THERMAL POWER TECHNOLOGIES: Technologies used to generate electricity by highly focused and concentrated sunlight.
CONDOMINIUM: Ownership in common with others of a parcel of land and certain parts of a building thereon, which would normally be used by all the occupants, including yards, foundations, basements, floors, walls, hallways, stairways, elevators and all other related common elements, together with individual ownership in fee of a particular unit or apartment in such building. It is not confined to ownership of a residential unit such as an apartment, but its use also extends to offices and other types of space in commercial buildings.
CONSTRUCTION: Any act or process which adds an addition onto an existing structure or erects a new principal or accessory structure on a lot which is subject to the design standards for the district in which the property is located.
CONVENIENCE STORE: A retail establishment having a gross floor area of five thousand (5,000) square feet or less which primarily sells food, beverages, and convenience items. The establishment may or may not be in conjunction with other uses such as a gasoline service station or restaurant. The gross floor area of a convenience store shall include area occupied by restrooms, seating areas, video games and vending machines but shall not include areas for restaurant purposes. When a convenience store is in conjunction with a gasoline service station, the principal use shall be considered a gasoline service station for the purpose of determining permitted zoning district.
CORNER LOT: See definition of Lot Types.
COUNTY: The counties of Jackson or Williamson, Illinois.
CROSSWALK: A strip of land dedicated to public use, which is reserved across a block to provide pedestrian access to adjacent areas.
CUL-DE-SAC: A street having one end open to traffic and being permanently terminated by an adequate vehicular turnaround.
DAY CARE CENTER: A facility at which an agency, organization or individual, licensed by the state, provides care for less than twenty four (24) hours per day to more than three (3) persons in a facility other than a family day care home or day care home. The term "day care center" includes facilities commonly called: "child care centers", "day nurseries", "nursery schools", "kindergartens", "playgroups", and "centers/workshops for the mentally/physically handicapped with or without stated educational purposes". The term does not include: a) public or private elementary school systems or secondary level school units or institutions of higher learning; b) facilities operated in connection with a shopping center or service, or other similar facility, where transient children are cared for temporarily while parents or custodians of the children are on the premises, or are in the immediate vicinity and readily available; c) any type of day care center that is conducted on federal government premises; d) special activities programs, including athletics, crafts instruction, and similar activities conducted on an organized and periodic basis by civic, charitable, and governmental organizations, or e) family day care homes, and day care homes I, II and III.
DAY CARE HOME I: A residential structure occupied by the care provider's family and licensed by the state which provides care for more than three (3) up to a maximum of six (6) children for less than twenty four (24) hours per day. The maximum number of six (6) children includes the family's natural, foster or adopted children twelve (12) years of age or under.
DAY CARE HOME II: A residential structure occupied by the care provider's family and licensed by the state which provides care for more than six (6) up to a maximum of twelve (12) children for less than twenty four (24) hours per day. The maximum number of twelve (12) children includes the family's natural, foster or adopted children twelve (12) years of age or under.
DAY CARE HOME III: A residential structure occupied by the care provider's family and licensed by the state which provides care for more than twelve (12) up to a maximum of sixteen (16) children for less than twenty four (24) hours per day. The maximum number of sixteen (16) children includes the family's natural, foster or adopted children twelve (12) years of age or under.
DAY NURSERIES: Day care centers which receive preschool age children for short term or extended hours of care and which provide essential personal care, protection, supervision, training and programs to meet the needs of the individual children served.
DEMOLITION: Any act or process which destroys or removes, in whole or in part, a feature of a property and/or improvement on the property which is subject to the design standards for the district in which the property is located.
DESIGN STANDARDS: The guidelines that regulate alteration, construction and demolition in a designated district.
DESIGNATED HISTORIC DISTRICT: An area within the zoning jurisdiction of the city of Carbondale that has been approved by ordinance of the city council as a landmark, historic district or neighborhood preservation district.
DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, construction of or substantial improvements to buildings or other structures, the placement of mobile homes, mining, dredging, filling, grading, paving, excavation, or drilling operations.
DEVELOPMENT SERVICES DIRECTOR: A department head for the city responsible for planning, building and neighborhood services, housing programs, and development services or such person's designee. If at some time the title does not exist and this definition is not sufficient to identify a similar office, the term shall be construed to mean "city manager or his or her designee".
DORMITORY: A building, not open to transients, where lodging is provided for ten (10) or more nonfamily persons, and no kitchen facilities other than one central kitchen facility are provided any dwelling unit occupied by persons other than management personnel.
DRAINAGE RIGHT OF WAY: The lands required for the installation of stormwater sewers or drainage ditches. They are required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DRIVE-IN RESTAURANT: Any establishment serving food or beverages to customers who remain in or leave and return to their cars for consumption of such food or beverages. Drive-in restaurants include self-service restaurants for takeout food.
DRIVEWAY AREA: For one-, two-, three-, or four-unit dwellings, an off street area (paved with bituminous concrete, portland cement concrete, type A-3 surfacing, stabilized rock, gravel or crushed stone, or the equivalent thereof), provided for use by motor vehicles in gaining access to public streets or as a parking area for four (4) spaces or less. See also subsection 15.4.8.5B of this title.
DWELLING UNIT: One room, or more than one connected rooms, designed as a separate independent housekeeping establishment and containing cooking, bathroom and sleeping facilities.
EASEMENT: A grant by the property owner of the use of a strip of land by the public or a person for specified purposes.
ECONOMIC HARDSHIP: Circumstances affecting a property owner wherein the owner cannot in accordance with the design standards of a designated district maintain, construct, alter, or demolish property without experiencing substantial financial harm or loss of reasonable use of the property. The absence of current or potential profit in the sale, lease or other use of the property without acquisition of a certificate of appropriateness is not, in itself, considered economic hardship.
ECOTOURISM: Offering experiences for visitors through natural and cultural attractions within a rural setting. Typically, enterprises in this category are independently owned and serve as a regional destination.
EMPLOYEE(S): In regard to off street parking requirements, employees means all who work in the enterprise including owners (other than purely stockholders), partners, management, and office personnel.
ENGINEERING ADVISORY COMMITTEE (EAC): An administrative body to act in a technical capacity for the commission, the city manager, and the city council. Said committee shall consist of the following officials or their duly authorized representatives: the development services director (chairperson), the public works director, the fire chief, a planning services designee, a building and neighborhood services designee, and such other persons as may be designated by the city manager. Appropriate county and township government officials and water district officials shall be consulted as individual subdivision circumstances necessitate. It shall be the duty of the EAC to examine and review all proposed street dedications or abandonments, tentative plat maps of subdivision, and to make recommendations to the planning commission, city manager, and city council.
EQUIPMENT FACILITY: Any structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a build out of an existing structure, pedestals and other similar structures.
EXTENDED STAY UNIT: A hotel or motel unit with accommodations which meets the following requirements:
A. A unit occupied by not more than two (2) occupants shall have a minimum of not less than two hundred twenty (220) square feet. A unit occupied by three (3) occupants shall have a minimum of not less than three hundred twenty (320) square feet. These required areas shall be exclusive of the areas required by subsections B and C of this definition;
B. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each have a clear working space of not less than thirty inches (30") in front. Light and ventilation conforming to the requirements of this code; and
C. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
EXTERIOR FEATURES: The architectural character, general composition and/or general appearance of an improvement, including, but not limited to, the kind, color and texture of building materials, the type, design and character of windows, doors, light fixtures, signs, fences and appurtenant elements.
FAA: Federal aviation administration.
FCC: Federal communications commission.
FTA: Federal telecommunications act of 1996.
FAMILY: One or more persons each related to the other by blood, marriage or adoption and maintaining a common household. The service dependent population of a group home and the resident staff shall be considered a family plus one person not related to the family.
FAMILY DAY CARE HOME: A residential structure occupied by the care provider's family that provides care for three (3) or fewer children for less than twenty four (24) hours per day not including the family's natural, foster or adopted children. Family day care homes do not need a license from the state and are permitted in all residential zoning districts and most districts in which residential uses are permitted.
FEEDLOT: Any parcel of land, structure, pen or corral wherein cattle, fowl, horses, sheep, goats, or swine are maintained in close quarters for the purpose of fattening.
FESTOON LIGHTS: A group of two (2) or more light bulbs hung or strung overhead which are exposed to persons on a public right of way and which are not shaded, shielded, or hooded to prevent the direct rays of light from being visible from the right of way.
FINAL PLAT: The final map of all or a portion of the subdivision which is presented to the commission for final approval in accordance with these regulations, and which, if approved by the city council, shall be entitled to be filed with the proper county recorder office.
FLOOD FRINGE: That area of the floodplain which is not in the floodway.
FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters, or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN: That area including the channel of a watercourse and adjacent land areas below the base flood elevation.
FLOODWAY: That area of floodplain which contains the channel of a watercourse and the adjacent land areas that must be reserved from certain obstructions to discharge the base flood without raising the base flood elevation more than one-tenth foot (0.1') in accordance with state of Illinois regulations. For the purpose of this title the location of the floodway is as shown by the plan view of the flood insurance rate map along with the flood insurance study, Carbondale, Illinois, dated May 2, 2008, which study is adopted herein.
FLOOR AREA (FA): The sum of the areas for residential use on the several floors of a building or buildings, measured from the faces of the exterior walls including, but not limited to:
A. Halls, lobbies, stairways, elevators, utility rooms and residential service rooms; and
B. Basement or lowest story to extent used for residential purposes and for access to residential use; and
C. Relatively closed exterior balconies and other covered open spaces which are ineligible for inclusion in covered open space and therefore are counted as floor area, unless exempted in the next paragraph.
The floor area does not, however, include:
A. Relatively open exterior balconies and other covered open spaces which are eligible for inclusion in covered opened space;
B. Any terrace, patio, atrium, porch or balcony which is not covered;
C. Any area for special purpose for common use of all occupants, such as recreation, library or infirmary;
D. Any garage or carport;
E. Any area used for major mechanical equipment; or
F. Any area used for commercial or other nonresidential purposes.
FLOOR AREA RATIO (FAR): The square foot amount of total floor area (all stories) permitted for each square foot of land area. (FAR = FA/LA or FAR x LA = FA)
FOUR-UNIT DWELLING: A building containing four (4) dwelling units.
FREESTANDING SIGN: See definition of Sign, Freestanding.
FRONT LOT LINE: In the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, a line located adjacent to the front entrance to the principal structure that separates the lot from the street.
FRONT YARD: See definition of Yard, Front.
GRADE: The average of the finished ground level at the center of all walls of a building. In case building walls are parallel to and within five feet (5') of a public sidewalk, said ground level shall be measured at the sidewalk. See section 15.11.3.2 of this chapter.
GROSS ACRES: The total land area of the parcel of land to be subdivided.
GROUP HOME: A single dwelling unit where supervision, food, lodging or other services are provided to a "service dependent population" as herein defined, living and cooking together in a single housekeeping unit, consisting of: a) a basic group of members of a service dependent population; b) additional staff persons provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis, or present whenever residents with disabilities are present at the dwelling.
GROUP HOME I: A group home with a basic group limited to not more than eight (8) service dependent individuals plus a maximum of two (2) resident (live-in) staff at any given time, subject to a higher number of staff, if required, to meet state or federal regulations. Said home is intended for permanent placements, and shall not be for crises or short term, transitional placements.
GROUP HOME II: A group home with no limits placed on the number of service dependent individuals in the basic group. Two (2) or more resident (live-in) staff or twenty four (24) hour adult supervision is required. Transitional placements are permitted in this category of group home.
GUESTROOM: A sleeping room in a bed and breakfast establishment or inn intended to serve no more than two (2) transient guests per night.
HEIGHT: Permitted building height measured from grade. See section 15.11.3.2 of this chapter.
HISTORIC DISTRICT: An area designated by ordinance of the city council, according to criteria and pursuant to procedures prescribed in section 15.2.5 of this title, which contains within definable geographic boundaries properties or structures, which may or may not be landmarks, which contribute to the overall historic characteristics of the designated area.
HOME MUSEUM: A residential structure that is itself of historic significance and contains exhibits of historic, artistic, or scientific interest and that is open to public visit. The principal use of the structure shall be limited to single-family residence and the viewing of the historic structures, exhibits and grounds by visitors during specified hours of operation. A home museum may include accessory uses such as an office connected to administering the museum activities, meeting room(s), gift shop and overnight boarding accommodations of no more than five (5) consecutive days per guest. Parking accommodations for the museum shall be determined on a case by case basis and approved as part of the special use process.
HOME OCCUPATION: An occupation other than a home office conducted in one or more dwelling units or one or more accessory buildings located on the same lot with one or more dwelling units or partly in one or more dwellings and partly in one or more accessory buildings, as allowed in accordance with section 15.3.4.2 of this title.
HOME OFFICE: A room or other part of a dwelling unit used as an office related to an occupation where the only business related activities conducted on the premises are office activities, as allowed in accordance with section 15.3.4.2 of this title.
ILLUMINATED SIGN: See definition of Sign, Illuminated.
IMPROVEMENT: Any building, structure, landscaping, work of art, parking facility, fence, gate, wall or other object constituting a physical addition to real property, or any part of such addition.
INN: An operator occupied establishment which is usually residential in character which provides accommodations, meals and beverages for a charge to the public. An inn shall have no more than twelve (12) guestrooms for rent. Inns shall not include bed and breakfast establishments.
INTENSIVE CARE HOME: See definition of Nursing Home.
INTERIOR FEATURES: The architectural character, general composition and/or general appearance within an improvement, including, but not limited to, the kind, color and texture of building materials, the type, design and character of windows, doors, light fixtures, ornamental plasterwork, moldings, ceiling and wall materials, flooring, stairways and appurtenant elements.
INTERIOR LOT: See definition of Lot Types.
JUNKYARDS: The use of more than seven hundred fifty (750) cubic feet of open storage on any lot, portion of a lot or tract of land for the sale, storage, keeping or abandonment of junk, scrap metals or salvageable materials, or for the abandonment, dismantling, or wrecking of automobiles or other vehicles, machines or parts thereof.
JURISDICTION: The corporate area of the city of Carbondale, Illinois, and the unincorporated area contiguous thereto that is within one and one-half (11/2) miles of the corporate limits, as described on the official zoning map of the city.
KENNEL: Any lot, structure or premises where four (4) or more dogs over four (4) months of age or four (4) or more cats over four (4) months of age are kept. In residential structures, this formula shall be applied to each dwelling unit within the structure, rather than the entire lot.
KINDERGARTENS: Day care centers which receive children between the ages of four (4) and six (6) years and which are established and professionally operated primarily to conduct educational programs for early childhood development.
LAND AREA: A. The site for residential use within the property lines.
Land area, however, shall not include:
A. Area not beneficial to the residential use due to its location or character; or
B. Area used for commercial or other nonresidential uses including required parking areas for such uses.
LANDMARK: A property or structure designated by ordinance of the city council, according to criteria and pursuant to procedures prescribed in section 15.2.5 of this title, which is worthy of rehabilitation, restoration and preservation because of its historic and/or architectural significance to the city.
LOT: A parcel of land of at least sufficient size to meet minimum applicable zoning requirements for use, coverage and area, and to provide required yards and other required open spaces, and having frontage on an improved public street or an improved private street, and may consist of: a) a single lot of record; b) a combination of complete lots of record or of complete lots of record and portions of lots of record or a combination of portions of lots of record; c) a parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the applicable requirements of this title.
LOT FRONTAGE: Any portion, piece, division or parcel of land which abuts a public right of way.
LOT OF RECORD: A lot shown as part of a subdivision by a plat of such subdivision recorded in the appropriate county's recorder's office.
LOT TYPES:
Corner Lot: A lot situated at the intersection of two (2) or more streets which streets have an angle of intersection of not more than one hundred thirty five degrees (135°).
Flag Lot: An interior lot adjacent to a corner lot, the side line of which is contiguous with the rear lot line of the corner lot.
Interior Lot: A lot other than a corner lot with only one frontage on a street.
Through Lot: A lot other than a corner lot with frontage on more than one street; through lots abutting two (2) streets may be referred to as double frontage lots.
LOWEST FLOOR: The lowest floor of a structure is the lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement or cellar area, is not considered a structure's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title.
MAINTENANCE OF SIGN: Any action, involving the painting or repair of a sign that alters less than fifty percent (50%) of any sign surface area and does not otherwise alter the wording, shape, area, material, height or any other element of a sign existing prior to the painting and/or repair of the sign. All other actions, which result in change in the sign surface or elements shall be considered as an erection of a new sign.
MANUFACTURED HOME LOT: A site situated in a manufactured home park and designated for the exclusive use of the occupants of a manufactured home. The term "mobile home lot" as used in this title shall be defined as a "manufactured home lot".
MANUFACTURED HOME/MOBILE HOME:
A. Manufactured Home: A structure, transportable in one or more sections, which is three hundred twenty (320) or more square feet when erected on site and which is built on a chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. The term shall include:
1. Units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expanded to provide additional cubic capacity, and
2. Units composed of two (2) 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
3. Units commonly called "tip outs" and/or "pullouts" which are specifically designed and manufactured to be assembled with that particular manufactured home, and
4. Units designed for residential use as specified above regardless of modifications that change their intended use, such as through conversion to a storage unit, or modifications that alter their exterior appearance, including, but not limited to, adding siding, or a framed roof.
B. Mobile Home: As used in this title shall be defined as those manufactured homes described in subsection A of this definition.
1. In addition, the term "manufactured home" also includes panelized, sectional or modular units known as "manufactured housing units" which are regulated by the Illinois department of public health. These units are defined as "a building assembly or system of building subassemblies, designed for habitation as a dwelling for one or more persons, including the necessary electrical, plumbing, heating, ventilating and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer, on or off the building site, for installation, or assembly and installation on the building site with a permanent foundation".
2. For floodplain management purposes only, as required in sections 15.2.6 and 15.2.7 of this title, the term "manufactured home" also includes park trailers, travel trailers, recreational vehicles, motor homes and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For flood insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.
MANUFACTURED HOME PARK: A parcel (or contiguous parcels of land) which has been so designed and improved that it contains three (3) or more manufactured home lots available to the general public for the placement thereon of manufactured homes for occupancy. The term "mobile home park" as used in this title shall be defined as a "manufactured home park".
MANUFACTURING, LOW IMPACT: The process or fabrication of certain materials or products within enclosed structures where no process involved will produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties.
MINIWAREHOUSE: A building or group of buildings that contain separate, individual, controlled access compartments, stalls or lockers, which may be of various sizes, for the dead storage of customer's goods or wares. Miniwarehouses do not include the conduct of business activities, other than rental of the storage units themselves by the miniwarehouse management, nor do miniwarehouses include any storage and transfer business where the use of large vehicles on a frequent basis is part of such business.
MOBILE HOME LOT: See definition of Manufactured Home Lot.
MOTORIZED RECREATIONAL VEHICLE USE: Including, but not limited to, go-cart tracks, water bumper boat facilities, etc., such recreational vehicles shall be limited to engines not exceeding ten (10) horsepower and noise levels not exceeding fifty (50) decibels at any property line.
MULTIPLE-UNIT DWELLING: A building containing more than one dwelling unit.
MURAL: A painting or other mixed media work, applied to and made integral with the surface of an exterior wall or fixture such as a fence, usually in an artistic manner. See also, SIGN, MURAL.
NATIVE PLANTING AREA: An area in which native plants are being or have been planted in a well-defined and maintained border with the intention of restoring the traditional regional ecosystem as limited by 11-6-3. Commonly described as “re-wilding”. Native planting areas are composed of entirely native species. Native planting areas are denser and larger in scale than gardens or pollinator gardens. Native planting areas are created with intention, care, and management.
NATIVE PLANTS: Grasses, including meadow vegetation, sedges (solid, triangular-stemmed plants resembling grasses), forbs (flowering broadleaf plants), trees, and shrubs that are plant species native to or naturalized to the region of Southern Illinois, excluding prohibited exotic, invasive, and or noxious species as defined by the Illinois Exotic Weed Act.
NEIGHBORHOOD PRESERVATION DISTRICT: An area designated by ordinance of the city council, according to criteria and pursuant to procedures prescribed in section 15.2.5 of this title, which contains within definable geographic boundaries properties or structures which may not necessarily be of historic and/or architectural significance, but which may be considered traditional in character and which may be threatened by inappropriate development that could detract or have a blighting effect on the quality of life in the area.
NET ACRE: The amount of land in the subdivision, exclusive of public rights of way and other public ownership such as schools and parks.
NOMINATION: Property(ies) and/or structure(s) for which an application for a proposed designation as a landmark, historic district or neighborhood preservation district has been filed.
NONCONFORMING BUILDINGS: A lawfully existing building which fails to comply with all applicable zoning regulations.
NONCONFORMING USE: A lawfully existing use which fails to comply with all applicable zoning regulations.
NURSERY SCHOOLS: Day care centers which receive children between the ages of two (2) and six (6) years and which are established and professionally operated primarily for educational purposes to meet the developmental needs of the children.
NURSING HOME: A building or portion thereof for the aged and infirm, chronically ill, or incurable persons in which three (3) or more persons not of the immediate family are provided food and shelter care for compensation, but not including hospitals, clinics, or similar institutions.
OFF PREMISES SIGN: See definition of Sign, Off Premises.
OFF STREET LOADING SPACE: Adequate space (paved with asphaltic concrete, concrete, or the equivalent thereof) situated so as to be accessible at all times to pick up and delivery vehicles and reasonably expected to be used.
OFF STREET PARKING SPACE: An off street space (paved with bituminous concrete, portland cement concrete, type A-3 surfacing, stabilized rock, gravel or crushed stone, or the equivalent thereof) provided for a motor vehicle, having an area not less than the minimum parking stall dimensions established by subsection 15.4.8.6A of this title with access to public streets. See also subsections 15.4.8.5B1 and B2 of this title.
OFFICIAL MAP: An official policy guide adopted by the city government on the location of streets, recreation areas, schools, parks, and other municipal facilities.
OPERATOR OF BED AND BREAKFAST ESTABLISHMENT OR INN: The owner of a bed and breakfast establishment or inn, or the owner's agent. The operator is required to reside in the bed and breakfast establishment or inn, or on contiguous property.
OVERLAY DISTRICT: A zoning district which is applied over one or more previously established zoning districts, establishing additional or exceptional standards or criteria for covered properties in addition to those of the base zoning district. Where conflict results between the regulations of the overlay district and the base district, the provisions of the overlay district shall control.
OWNER OF RECORD: The person, corporation or other legal entity listed as the owner on the records of the county recorder of deeds.
PARCEL OF LAND: A distinct piece of real property which is assigned a separate tax identification number (permanent parcel number).
PARKING STRUCTURE: Any partially or wholly roofed or partially or wholly enclosed structure containing more than four (4) spaces used to park or store motor vehicles including, but not limited to, enclosed, basement, underground and multitier open parking structures except any structure designed and used as an accessory structure to a single- or two-unit dwelling containing four (4) spaces or less.
PERMANENT SIGN: See definition of Sign, Permanent.
PERSON: Any individual, partnership, copartnership, firm, company, corporation (including public utilities), association, joint stock company, trust, estate, political subdivision, state agency, or any other legal entity, its legal representative, agent or assign.
PLAN: A generalized sketch or map of a tract of land used for preliminary study and discussion.
PLAT: A detailed map prepared by a registered engineer or surveyor suitable for filing with the county recorder describing a parcel of land.
PLAYGROUPS: Day care centers which receive preschool or school age children, or both, for relatively short periods of time, not to exceed three (3) hours per day for any child or group of children, and which provide services and programs designed to meet the recreational, physical, emotional, and developmental needs of the individual children served.
POLLINATOR GARDENS: A type of garden with definite boundaries planted predominantly with long- blooming flower varieties that will provide support to pollinator species and beautification to our community.
POLLINATOR-SUPPORTIVE LANDSCAPE: The umbrella term used to reference well-maintained and bounded landscape installed with the intention of supporting pollinator species and providing aesthetic value to our community. Pollinator-supportive landscapes do not use pesticides.
PRELIMINARY PLAT: The drawings and documents described in section 15.8.4.4 of this title, indicating the proposed layout of the subdivision which is submitted to the planning commission for consideration and tentative approval.
PRESERVATION COMMISSION: The Carbondale preservation commission, Jackson County, Illinois.
PRINCIPAL BUILDING: A building in which a principal use is conducted.
PRINCIPAL USE: The main purpose or function that a lot serves or is intended to serve.
PROFESSIONAL OFFICE: The office of a member of a recognized profession maintained for the conduct of business in any of the following related categories: architectural, engineering, planning, law, interior design, accounting, insurance, real estate, travel, medical, dental, optical or any similar type of profession.
PROJECTING SIGN: See definition of Sign, Projecting.
PROPRIETARY INTEREST: The legal or beneficial owner of a lot or any land proposed to be included in a zoning amendment, including the holder of an option or contract to purchase or lease such land.
PUBLIC UTILITY SUBSTATION: A sewage lift station or an area where facilities are provided for the distribution of telephone, radio- television communications, water, gas, or electricity.
RAIN GARDEN/BIOSWALE: Shallow landscape features planted with moisture-loving species, used to manage stormwater run-off by directing and slowing water infiltration while filtering out pollutants.
REAR LOT LINE: A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line ten feet (10') in length within the lot, parallel with and at the maximum distance from the front lot line.
REAR YARD: See definition of Yard, Rear.
RECREATIONAL VEHICLES: See subsection 15.3.4.3A of this title.
REDEVELOPMENT OR DEVELOPMENT DISTRICT: An area or areas designated by the city council which has the following characteristics: a) said area shall be not less than two (2) contiguous acres, not including, for purposes of measurement of area only, public streets, public roads and public alleys and public rights of way adjacent to said streets, roads and alleys; b) said area shall consist in whole or part of locations where improved or vacant lands because of the presence of one or more of the following factors are detrimental to the public health, safety, morals and welfare: dilapidation; obsolescence; deterioration; illegal or nonconforming use of existing structures; excessive vacancies; overcrowding of structures and community facilities; lack of adequate ventilation, light or sanitary facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; obsolete platting of land; diversity of ownership of land; and deterioration of structures or site improvements in neighboring areas adjacent to vacant lands.
REDEVELOPMENT OR DEVELOPMENT PROJECT: Any development project encompassing a redevelopment or development project area which is designated by the city council as a project which project furthers the purposes of chapter 9 of this title.
REDEVELOPMENT OR DEVELOPMENT PROJECT AREA: An area of not less than one-half (1/2) contiguous acre, not including for purposes of measurement of area only, public streets, public roads, public alleys and public rights of way adjacent to said streets, roads and alleys and located wholly within a redevelopment or development district.
RELIGIOUS INSTITUTION: A building, together with its accessory buildings and use, where persons regularly assemble for religious purposes and related social events and which building together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes.
RIDING STABLE: Any place at which horses, ponies, donkeys, or mules are kept for hire.
RIGHT OF WAY: An area dedicated or purchased by the city for the purpose of providing both vehicular and pedestrian travelways.
ROOMING HOUSE: For the purposes of this title:
A. A single-unit dwelling occupied by a permanent resident family and two (2) or more other persons not members of said family; or
B. A single-unit dwelling occupied by more than two (2) persons who are not related to each other in a family; or
C. A building containing two (2) or more dwelling units, one or more of which units is occupied by a permanent resident family and two (2) or more persons who are not related to the family; or
D. A building containing two (2) or more dwelling units, at least one of which is occupied by more than two (2) persons who are not related to each other in a family; or
E. Residential buildings when a lot contains two (2) or more residential buildings, no more than one of which contains a "dwelling unit" or "units" as defined in this section and the buildings are occupied in sum by a permanent resident family and two (2) or more persons who are not members of said family; or
F. Residential buildings when a lot contains two (2) or more residential buildings no more than one of which contains a "dwelling unit" or "units" as defined in this section and the buildings are occupied in sum by more than two (2) not related to each other in a family; or
G. Any portion of a building other than as referred to elsewhere in this definition which is occupied by a permanent family and two (2) or more persons who are not members of the family; or
H. Any portion of a building other than as referred to elsewhere in this definition which is occupied by more than two (2) persons who are not related to each other in a family.
However, a dormitory, a motel, or hotel shall not be deemed to be a rooming house. For the purposes of this definition, "to occupy" means the use or possession or the right to the use or possession of the premises referred to and "to occupy" includes "to propose to occupy"; and "permanent resident" means any person or persons who occupy or have the right to occupy any portion of a dwelling for at least thirty (30) consecutive days.
SATELLITE BUSINESS: A business which is part of a business development or shopping center but is located in a building separate from the main building.
SATELLITE DISH ANTENNA: The signal receiving component of a satellite receiver system, characteristically shaped like a saucer or dish, designed to receive television broadcasts or other signals from satellites in earth's orbit and other extraterrestrial sources.
SEMITRAILER: Every vehicle without power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
SENIOR CITIZEN: Any person sixty (60) years or older.
SENIOR CITIZEN HOUSING CONVERSION DEVELOPMENT: A residential building or portion of a nonresidential building which is converted to two (2) or more senior citizen housing conversion units after approval of special use.
SENIOR CITIZEN HOUSING CONVERSION UNIT: A dwelling unit within a senior citizen housing conversion development which is designed for and occupied by a senior citizen(s).
SERVICE DEPENDENT POPULATION: Those persons, who by reason of mental or physical disability, require supervision in a quasi- parental relationship but do not require medical or nursing care on site. A service dependent population shall not include persons for whom such services are a requirement of a sentence upon conviction of a criminal offense or whose need for such service arises during or immediately following a sentence of incarceration of a criminal offense nor for the treatment or rehabilitation of drug or alcohol addiction.
SERVICE STATION: Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail. Unless permitted in a particular zoning district, uses permissible at a service station do not include major mechanical work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in service stations. A service station is neither a repair garage nor a body shop. "Major mechanical work" is defined as any repair requiring the removal of the engine head, the replacement of the transmission, or work involving the interior of the transmission. Storage of automobiles shall be construed as keeping an automobile on the premises for in excess of seventy two (72) hours.
SHOPPING CENTER: A grouping of two (2) or more business establishments which: a) share a common on site parking lot, and b) occupy a single building or occupy separate buildings which are physically attached.
SIDE LOT LINE: Any lot boundary not a front lot line or a rear lot line.
SIDE YARD: See definition of Yard, Side.
SIGN: An object, graphic display or device or part thereof situated outdoors or directly visible from outdoors which is used to advertise, identify, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, logos, trademarks, designs, symbols, fixtures, colors, motion, illumination or projected images. The following shall not be considered to be signs:
A. Flags of nations, an organization of nations, states, cities, fraternal, religious, and civic organizations.
B. Merchandise, pictures, models or products, or services incorporated in a window display.
C. Signs not exceeding one square foot in area and bearing only property numbers, post office box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.
D. Legal notices, informational, or directional signs erected or required by governmental bodies.
E. National, state, religious, fraternal, professional, and civic symbols or crests.
F. Decorations, clearly incidental and customarily and commonly associated with any national, local or religious holiday displayed for a period of not more than sixty (60) consecutive days nor more than sixty (60) days in any one year.
G. Signs painted on or magnetically affixed to vehicles that do not contain changeable letters or copy; and signs otherwise attached to vehicles that do not contain changeable letters or changeable copy.
SIGN, ABANDONED: A sign which advertises a business no longer being conducted or a product no longer being sold on the premises upon which the sign is located. An abandoned sign is also an obsolete sign.
SIGN, ANIMATED: A sign employing actual motion or the illusion of motion including the following:
Electronic Message Board: Animated signs producing the illusion of movement by means of electronic, electrical or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:
A. Flashing: A sign which in total or in part has illumination which changes or intermittently flashes on and off, or gives the appearance of changing, blinking or flashing.
B. Dynamic Display: Any characteristics of a sign that appear to have movement or that appear to change. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This includes displays that incorporate LED, "digital ink", or any other method of technology that allows the sign face to present a series of images or displays.
Mechanically Activated: Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
SIGN, ARCHITECTURAL: An architectural sign shall include all signs which are mounted on, attached to, or painted on the exterior of a building and have no other supporting members other than those attached to the building. An architectural sign is not a freestanding sign.
SIGN, BANNER: A sign utilizing a banner as its display surface. A banner sign is also a temporary sign.
SIGN, FLASHING: Any illuminated sign on which the lights either blink on and off randomly or in sequence or have intermittent variation in intensity or color.
SIGN, FLUSH WALL: A sign mounted on, attached to, or painted on the exterior of a building where the plane of the sign surface is parallel to and no more than one foot (1') distance from the plane of the building to which it is attached. A flush wall sign is an "architectural sign".
SIGN, FREESTANDING: A sign supported by one or more uprights, poles, or braces placed in or upon the ground; or a sign supported by a structure independent of the building, erected primarily for the display and support of the sign. A freestanding sign is not an architectural sign.
SIGN, ILLUMINATED: A sign which has a light source as an integral part of the sign or which has light directed on the sign from an external position.
SIGN, INFLATABLE: A sign or display which uses air contained within a balloon type device used for the purpose of drawing attention or advertising a product. Inflatable signs are also considered those signs designed to be set into motion with the use of a fan or other device moving air through a fabric tube.
SIGN, MURAL: A painting or other mixed media work, applied to and made integral with the surface of an exterior wall or fixture such as a fence, usually in an artistic manner.
SIGN, NONCOMMERCIAL: A sign that does not direct attention to a business or to a service or commodity for sale, and is of a political, religious, or not for profit nature.
SIGN, OFF PREMISES: A sign not related in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises. However, for businesses which no longer exist, signs on the premises which would otherwise conform to the provisions of this title shall not be construed to be off premises signs. Off premises signs include signs erected by the outdoor advertising industry, such as billboards.
SIGN, PERMANENT: A sign assembled or built on site. A banner shall not be considered a permanent sign. (Permanent signs include those signs advertising the name of a business, a subdivision, an address, etc.)
SIGN, PORTABLE: Any sign which is not listed below shall be classified as a portable sign:
A. Any sign which is permanently mounted in the ground.
B. Any sign which is permanently attached to a building.
C. Any sign painted or magnetically affixed to a vehicle, if it conforms to the shape of the vehicle and is not a changeable letter or changeable copy sign. The vehicle must be used in the everyday operation of the business.
SIGN, PROJECTING: A sign which is suspended from or supported solely by a building or a wall of a building, and which projects from the plane of the building to which it is attached.
SIGN, TIME AND TEMPERATURE: A sign whereon the date, time, and/or temperature are indicated by intermittent lighting and is limited to the numerals indicating the date, time and/or temperature. These signs are considered to be freestanding.
SIGN, WINDOW PROMOTIONAL: A temporary sign, viewable from the exterior of a structure, which is attached to a window for the specific purpose of attracting attention of a passerby to a sale, or to promotional items. By temporary it is meant that a window promotional sign is not intended for display for more than sixty (60) days. An electrically operated window promotional sign shall be considered an architectural sign and not a special sign as in section 15.4.10.9 of this title.
SINGLE-UNIT DWELLING: A building containing only one dwelling unit.
SMALL ANIMAL HOSPITAL OR CLINIC: A facility established to supply examination, diagnosis, and prophylactic services and medical and surgical treatment to dogs, cats, birds, and the like, and equipped to provide housing and nursing care for them during illness and/or convalescence; providing, however, that such hospital or clinic and any treatment rooms, cages, pens, or kennels be maintained within a completely enclosed, soundproof building and that such hospital or clinic be operated in such a way as to project no objectionable odors outside its walls. Small animals may also be boarded at the small animal hospital or clinic if they are not being treated, as long as they are maintained within the building meeting the previously listed requirements.
SPECIAL YARD: See definition of Yard, Special.
START OF CONSTRUCTION: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site such as the pouring of slab or footings, the installation of piles, the construction of columns, the installation of a pad or foundation for a manufactured home, the erection of temporary forms, or any work beyond the stage of excavation. In all districts except the flood fringe and floodway districts, permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways. In the flood fringe and floodway districts, land preparation such as clearing, grading, filling and installation of streets and/or walkways are included in permanent construction. For those types of construction not requiring a building permit or located outside the building permit jurisdiction of the city of Carbondale, start of construction shall be considered to be the same as the "actual start" as described above.
STORY: That portion of a building between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above. If the finished floor level directly above a basement, cellar, or unused underfloor space is more than six feet (6') above "grade" as defined herein, such basement, cellar, or unused underfloor area shall be considered a story. (See also definitions of Grade and Height, and see section 15.11.3.2 of this chapter.)
STREET CURB LINE: The street curb line shall be located at the farthest extent of the curb structure from the centerline of the street for those streets with a curb structure and the farthest extent of the street surface from the centerline of the street for those streets with no curb structure.
STRUCTURE: An assembly of materials forming a construction for occupancy or use including, among others, buildings, stadiums, gospel and circus tents reviewing stands, platforms, staging, observation towers, radio towers, water tanks, trestles, piers, wharves, open sheds, coal bins, shelters, fences, display signs, mobile homes, canopies, and pump islands. (See also definition of Building.)
SUBDIVIDER: Any person who proposes to or is engaged in developing or improving a tract of land which complies with the definition of "subdivision" as defined in this section.
SUBDIVISION: Except as provided in section 15.8.3.5 of this title, the division of a parcel of land into two (2) or more parts, one of which is smaller than five (5) acres in area.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. The term does not, however, include either: a) any project for health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or b) any alteration of a structure or site documented as deserving preservation by the Illinois department of conservation or listed on the national register of historic places.
SUPPORT STRUCTURE: A structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting (lattice) tower, guywire support tower and other similar structures.
TEMPORARY WIRELESS COMMUNICATION FACILITY (TEMPORARY WCF): A WCF to be placed in use for sixty (60) or fewer days.
THREE-UNIT DWELLING: A building containing three (3) dwelling units.
THROUGH LOT OR DOUBLE FRONTAGE LOT: See definition of Lot Types.
TOWER AND/OR ANTENNA USE PERMIT (TAUP): A permit issued by the city specifically for the location, construction, use and compliance with the development standards of a proposed WCF.
TOWN SQUARE: That area bounded by Illinois Avenue on the west, Washington Street on the east, Jackson Street on the north, and Main Street on the south. This shall include those properties both within and along this boundary.
TOWNHOUSE DEVELOPMENT: A group of two (2) or more single-unit dwellings, all situated in a recorded subdivision with a distinct, described lot for each of such single-unit dwellings, and each of such single-unit dwellings (townhouse), whether or not a part of a planned development having the following additional characteristics: a) at least two (2) separate exterior entrances; and b) the same is either attached to adjacent dwellings by party walls extending from the footings to the rooflines or, in the alternative, is situated in such close proximity to adjacent dwellings that there is no visible separation between such dwellings from the footings to the rooflines.
Note: The reason for including separate lots in the definition is that each unit is assumed to be a separate unit which can, and may very well be, sold separately. There is a difference between townhouses in this context and certain apartment buildings. Apartment buildings are assumed to be a whole, not likely to be sold as pieces.
TRAILER: Any vehicle without motive power in operation designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
TRANSIENT GUEST: A person or family who resides at a place other than his or her usual place of residence for no more than twenty nine (29) consecutive days in exchange for compensation.
TRAVEL TRAILER: A vehicular, portable unit built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes.
TRUCK OR EQUIPMENT TERMINAL: Any lot, structure or premises used for the parking or storage of capital equipment such as trucks, trailers over three-fourths (3/4) ton capacity, or other like equipment.
TURFGRASS: Commercially available cultured grass varieties that are grown to create turf, including bluegrass, fescue, and ryegrass blends, commonly used in regularly cut lawn areas.
TWO-UNIT DWELLING: A building containing two (2) dwelling units.
VACATION RENTAL UNIT: An accommodation for transient guests where a residential dwelling is rented for lodging for a period of time no less than twenty four (24) hours and not to exceed twenty nine (29) consecutive days. Such use may or may not include an on site manager. For the purposes of this definition, a residential dwelling shall include all housing types and shall not include group living or other lodging uses.
VARIANCE: A relaxation of the strict terms of this title through the zoning board of appeals as provided in subsection 15.6.9.1B of this title.
VEHICLE: Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power.
WEEDS: Noxious plantings as defined and designated pursuant to the Illinois Exotic Weed Act, the City Manager, or their designee as amended from time to time. Weeds do not include dandelions or clover.
WINDOW PROMOTIONAL SIGN: See definition of Sign, Window Promotional.
WIRELESS COMMUNICATION FACILITY (WCF): Any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, equipment facility and a support structure to achieve the necessary elevation.
WIRELESS COMMUNICATIONS: Any wireless service as defined in the telecommunications act of 1996, title 47, United States Code, and as it may be amended, including, but not limited to, facilities for the transmission and reception of radio, television, or microwave signals used for communication, cellular phone, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and any other wireless services licensed by the FCC and unlicensed wireless services.
YARD: A space on the same lot with a principal building, open, unoccupied and unobstructed by structures, excepting as otherwise provided in this title.
YARD, FRONT: A yard extending across the full width of the lot, unoccupied other than by driveways, fences, poles, posts, steps, terraces, walks, walls and other customary yard accessories, ornaments and furniture not exceeding applicable height and vision obstruction limitations of this title. The depth of a front yard is the least distance between the front lot line and the building line. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, a front yard shall be provided on all frontages. Where one of the front yards which would normally be required on a through lot, is not in keeping with the prevailing yard pattern, the administrative official may waive the requirement which shall not exceed the average of the yards provided on adjacent lots. In the case of corner lots, a front yard of the required depth shall be provided on either front yard, but where possible in accordance with the prevailing yard pattern; and a second front yard of one-half (1/2) the depth required generally for front yards for the district shall be required on the other frontage. In the case of corner lots with more than two (2) frontages, the administrative official shall determine the front yard requirements, subject to the following requirements: a) at least one front yard shall be provided having the full depth required generally in the district, and b) no other front yard on such lot shall have less than one-half (1/2) the full depth required generally.
YARD, REAR: A yard extending across the full width of the lot, unoccupied other than by driveways, fences, poles, posts, steps, terraces, walks, walls, and other customary yard accessories, ornaments and furniture not exceeding applicable height and vision obstruction limitations of this title. The depth of a rear yard is the least distance between the rear lot line and the building line.
YARD, SIDE: A yard between the building line and a side lot line, unoccupied other than by driveways, fences, poles, posts, steps, terraces, walks, walls and other customary yard accessories, ornaments and furniture not exceeding applicable height and vision obstruction limitations of this title. The width of a side yard is the least distance between the side lot line and the building line. A side yard extends from the front yard, or from the front lot line where no front yard is required, to the rear yard or to the rear lot line where no rear yard is required.
YARD, SPECIAL: A yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the administrative official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.
(Ord. 2023-31; Ord. 2023-19; Ord. 2023-18, Ord. 2023-10; Ord. 2022-07; Ord. 2021-25; Ord. 2019-33; Ord. 2017-08; Ord. 2017-03; Ord. 2015-7; Ord. 2014-48; Ord. 2013-31; Ord. 2013-20)