(A) Construction of terms. In construing the intended meaning of terminology used in this chapter, the following rules shall be observed.
(1) Words and phrases shall have the meanings respectively ascribed to them in division (B) below unless the context clearly indicates otherwise; terms not defined in division (B) below shall have their standard English meanings.
(2) Words denoting the masculine gender shall be deemed to include the feminine and neuter genders.
(3) Words used in the present tense shall include the future tense.
(4) Words used in the singular number shall include the plural number, and the plural shall include the singular.
(5) The term “shall” is mandatory; the term “may” is discretionary.
(6) All distances shall be measured to the nearest integral foot; six inches or more shall be deemed one foot.
(7) References to sections shall be deemed to include all divisions within that section; but a reference to a particular division designates only that division.
(8) A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited.
(B) Definitions. For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ABUTTING. Having a common lot line or district line. Synonym for ADJACENT or ADJOINING.
ACCESS WAY. A curb cut, ramp, driveway or other means for providing vehicular access to an off-street parking or loading area.
ACCESSORY USE. Any structure or use that is:
(a) Subordinate in size or purpose to the principal use or structure which it serves;
(b) Necessary or contributing to the comfort and convenience of the occupants of the principal use or structure served; and
(c) Located on the same lot as the principal use or structure served.
ADMINISTRATOR. The official appointed by the Mayor, with the advice and consent of the City Council, or his or her representative to administer this chapter. Synonymous with ZONING ADMINISTRATOR or ZONING OFFICIAL.
AGRICULTURE. Any one or any combination of the following: the growing of farm or truck garden crops; dairying; pasturage; horticulture; floriculture; or animal/poultry husbandry. The term AGRICULTURE encompasses the farmhouse and accessory uses and structures customarily incidental to agricultural activities.
AISLE. A vehicular traffic-way within an off-street parking area, used as a means of access/ egress from parking spaces.
ALLEY. A public right-of-way which affords a secondary means of vehicular access to abutting premises that front on a nearby street.
ALTER. To change the size, shape or use of a structure, or the moving from one location to another.
AMENDMENT. A change in the provisions of this chapter (including the district map), properly effected in accordance with state law and the procedures set forth herein.
ANCHOR. Any approved device to which a mobile home is tied down to keep it firmly attached to the stand on which it is placed.
ATTACHED. As applied to buildings, having a common wall and/or a common roof.
BASEMENT. A story having more than one-half of its height below the average level of the adjoining ground.
BILLBOARD. Any single- or double-faced sign displaying messages or advertising not associated with the premises on which the sign is located or to which it is affixed.
BITUMINOUS CONCRETE. A mixture of petroleum by-products and gravel used for paving to form a smooth, permanent surface. It does not mean “oil and chip”.
BLOCK. An area of land entirely bounded by streets, highways, barriers or ways (except alleys, pedestrian ways or exterior boundaries of a subdivision unless exterior boundary is a street, highway or way), or bounded by a combination of streets, public parks, cemeteries, railroad rights-of- way, waterways or corporate boundary lines.
BOARD OF APPEALS. The Zoning Board of Appeals of the city.
BOARDING HOUSE. A building other than a hotel or restaurant where meals are provided for compensation to three or more persons, but not more than ten who are not members of the keeper’s family, but not open on a daily, overnight or per meal basis to transient guests.
BUFFER STRIP. An area of land undeveloped except for landscaping fences and the like, used to protect a use situated on one lot from the deleterious effects of the use on the adjacent lot.
BUILDING. Any covered structure permanently affixed to land and designed or used to shelter persons or chattels.
BUILDING OR STRUCTURE HEIGHT. The vertical distance measured from the average grade at the front wall of a building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
BUILDING LINE. The line nearest the front of and across a lot, delineating the minimum open space required between the front of a structure and the street right-of-way line.
BUILT-ON-SITE HOUSING. No parts (except roof/floor trusses) of the building have been pre-cut, pre-fabricated or pre-assembled at another location. All construction of the dwelling unit for one or more persons occurs at the building site. All BUILT-ON-SITE HOUSING shall be built on permanent perimeter foundation walls. All BUILT-ON-SITE HOUSING shall be attached/secured to the foundation walls using accepted building practices. There shall be a limit of one BUILT-ON-SITE HOUSING per lot.
BULK. Any one or any combination of the following structural or site design characteristics:
(a) Size or height of structure;
(b) Location of exterior walls at all levels in relation to lot lines, streets or other structures;
(c) Lot area; and
(d) Yards or setbacks.
CENTERLINE.
(a) The centerline of any right-of-way having a uniform width;
(b) The original centerline, where a right-of-way has been widened irregularly; and
(c) The new centerline, whenever a road has been relocated.
CERTIFICATE OF ZONING COMPLIANCE, FINAL. A permit issued by the Administrator indicating that a lot or newly completed structure or use complied with all pertinent requirements of this chapter and, therefore, may be occupied or used.
CERTIFICATE OF ZONING COMPLIANCE, INITIAL. A permit issued by the Administrator indicating that proposed lot, structure or use is in conformity with the requirements of this chapter.
CITY. Either the territory or the local government of the municipality.
CLINIC. A place used for the care, diagnosis, and treatment of sick, ailing, infirm and injured persons, but who are not provided with room or board, nor kept overnight on the premises.
CLUB/LODGE. A non-profit association of persons who are bona fide members organized for some purpose(s) and paying regular dues and whose facilities are restricted to members and their guests; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
COMMERCIAL USE/ESTABLISHMENT. Any use or establishment wherein goods are purchased or sold, whether to the consuming public (retail) or to other businesses (wholesale).
CONFORMING. In compliance with the applicable provisions of this chapter.
CONVENIENCE/GASOLINE SERVICE STATION. A building or premises or portion thereof used for retail sales of gasoline, oil and accessories of motor vehicles and general convenience service goods to include the retail sale of alcoholic beverages, not for consumption on the premises where it is sold.
CORRECTIVE ACTION ORDER. A legally binding order issued by the Administrator in accordance with the procedures set forth herein to effect compliance with this chapter.
DAY CARE CENTER. An establishment for the part-time care and/or instruction at any time of day of four or more unrelated children of pre-elementary or elementary school age.
DETACHED. As applied to buildings, surrounded by yards on the same lot as the building.
DEVELOP. To erect any structure or to install any improvements on a tract of land or to undertake any activity (such as grading) in preparation therefor.
DIMENSIONS. Refers to both lot depth and lot width.
DISTRICT, ZONING. A portion of the territory of the city wherein certain uniform requirements or various combinations thereof apply to structures, lots and uses under the terms of this chapter.
DRIVEWAY. A minor way commonly providing vehicular access to a garage or off-street parking area.
DWELLING. A building or portion thereof designed or used primarily as living quarters for one or more families, but not including hotels, motels and other accommodations for the transient public.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof containing three or more dwelling units.
DWELLING, SINGLE-FAMILY. A dwelling containing one dwelling unit and intended for the occupancy of one family.
DWELLING, TWO-FAMILY. A dwelling containing two dwelling units.
DWELLING UNIT. Two or more rooms designed or used as living quarters by one family. A DWELLING UNIT always includes a bathroom and a kitchen.
EASEMENT. A right to use another person’s real property for certain limited purposes.
ENCLOSED. As applied to a building, covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior walls or by common walls, with openings only for windows and doors.
ENLARGE. To increase the size (floor area, height and the like) of an existing principal structure or accessory use, or to devote more land to an existing use.
ERECT. To build or construct.
ESSENTIAL GOVERNMENTAL OR PUBLIC UTILITY SERVICES. The erection, construction, alteration, or maintenance by public utilities or municipal departments, or underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare, but not including buildings.
ESTABLISHMENT. Either of the following:
(a) An institutional, business, commercial or industrial activity that is the sole occupant of one or more buildings; or
(b) An institutional, business, commercial or industrial activity that occupies a portion of a building such that:
1. The activity is a logical and separate entity from the other activities within the building and not a department of the whole; and
2. The activity has either a separate entrance from the exterior of the building or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.
EXISTING. Actually constructed or in operation on the effective date of this chapter.
EXTERIOR SIDING. The exterior walls of permanent dwellings shall be covered with some conventional type of siding such as: brick; brick veneer; aluminum; vinyl; exterior siding plywood; redwood; masonite; and the like. Any type of insulation board, sheathing plywood, particle board, OSB flakeboard or other type of flakeboard shall not be construed to be exterior siding, and its use is strictly prohibited.
FAMILY.
(a) A single individual doing his or her own cooking and living upon the premises as a separate housekeeping unit;
(b) A collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, adoption or employment as domestic servants; or
(c) A group of not more than three unrelated persons doing their own cooking and living together on the premises as a separate housekeeping unit pursuant to a mutual housekeeping agreement (not including a group occupying a boarding or rooming house, club, fraternity or hotel).
FLOOR AREA, GROSS. The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center of the common walls of attached buildings. GROSS FLOOR AREA includes basement floors; attic floor space; halls; closets; stairwells; space devoted to mechanical equipment; and enclosed porches.
FOOTING. Located at the lower end of a foundation wall, foundation pier or foundation column to distribute the load. FOOTING material shall be poured concrete. The minimum width is 24 inches and the minimum thickness shall be eight inches. The FOOTING shall contain a minimum of two one-half inch rebar spaced 12 inches apart, and running the length of the footing. The bottom of the footing shall be 36 inches below the finished surface of the soil.
FREIGHT TERMINAL. As applied to motor carriers subject to 625 ILCS 18c-1101 et seq., a station for commercial motor vehicles wherein said motor trucks are stored, repaired or parked.
FRONTAGE. The linear extent of the front (street side) of a lot or establishment.
GARAGE, PRIVATE. A garage for four or less passenger motor vehicles without provision for repairing or servicing such vehicle(s) for profit.
GREENHOUSE. See NURSERY.
HEREAFTER. Any time after the effective date of this chapter.
HOME OCCUPATION. Any business, profession or occupation conducted for gain entirely within a dwelling or on residential premises in conformity with the provisions of this chapter.
ILLINOIS MOBILE HOME TIEDOWN ACT. All mobile homes or manufactured housing moved or set up on site after 1-1-1980 must meet these standards (within 30 days after the home is set up on the site), within 30 days from the date of installation, the owner of each mobile home or manufactured housing must file a tiedown report on forms available from the Department of Public Health.
INTERSECTION. The point at which two or more public rights-of-way (generally, streets) meet.
JUNK YARD. A tract of land, including any accessory structures thereon, that is used for buying, selling, exchanging, storing, baling, packing, disassembling or handling waste or scrap materials. Such scrap materials include vehicles, machinery and equipment not in operable condition (or parts thereof), and metals, glass, paper, plastics, rags and rubber tires. A lot on which three or more inoperable or abandoned vehicles stored shall be deemed a JUNK YARD.
KENNEL. Any structure or lot on which five or more domesticated animals over four months of age are kept.
LOADING SPACE. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
LOT. A tract of land intended as a unit for the purpose (whether immediate or future) of transfer of ownership or development. A LOT may or may not coincide with a “lot of record”.
LOT, CORNER. A lot having at least two adjacent sides that abut for their full length upon streets. Both such side lines shall be deemed front lot lines.
LOT, THROUGH. A lot having a pair of approximately parallel lot lines that abut two approximately parallel streets.
LOT AREA. The area of a horizontal plane bounded by the front, side and rear lines of a lot.
LOT COVERAGE. The portion of a lot that is occupied by buildings or structures, including accessory buildings or structures.
LOT DEPTH. The average horizontal distance between the front lot line and the rear lot line of a lot.
LOT LINE, FRONT. The lot line abutting the street.
LOT LINE, REAR. An interior lot line which is most distant from and most nearly parallel to the front lot line.
LOT LINE, SIDE. Any lot line other than front or rear lot line. A SIDE LOT LINE separating a lot from a street is called a side street lot line. A SIDE LOT LINE separating a lot from another lot or lots is called an interior side lot line.
LOT OF RECORD. An area of land designated as a lot on a plat of subdivision recorded with the county’s Recorder of Deeds in accordance with state law.
LOT SIZE REQUIREMENTS. This term refers to the lot area, width and depth requirements of the applicable district.
LOT WIDTH. The mean horizontal width of a lot measured at right angles to the side lot lines at the building line.
MAINTENANCE. The routine upkeep of a structure, premises or equipment including the replacement or modification of structural components to the extent necessary to keep said structure in sound condition.
MANUFACTURED HOUSING (IMMOBILIZED).
(a) A MANUFACTURED HOUSING (SINGLE SECTION) located on a permanent foundation with wood, metal or fiberglass skirting or permanent perimeter foundation walls, and anchored/secured per the state’s Mobile Home Tiedown Act, being 210 ILCS 120/1 et seq. All wheels, tongue and hitch shall be permanently removed. Axles may be removed.
(b) A MANUFACTURED HOUSING (MULTIPLE SECTION) located on permanent perimeter foundation walls, and anchored/secured per the state’s Mobile Home Tiedown Act, being 210 ILCS 120/1 et seq. All wheels, tongues and hitches shall be permanently removed. Axles may be removed.
MANUFACTURED HOUSING (MULTIPLE SECTION). Two or more sections of a completely constructed factory structure, transported from the place of their construction to the location where they are assembled together to form a permanent dwelling unit for one or more persons. These structures have a manufactured date of 7-1-1976 or later, and meet the National Manufactured Housing Construction and Safety Standards (i.e., HUD Code). MANUFACTURED HOUSING (MULTIPLE SECTION) shall be installed on permanent perimeter foundation walls and anchored/secured per the state’s Mobile Home Tiedown Act, being 210 ILCS 120/1 et seq. MANUFACTURED HOUSING (MULTIPLE SECTION) shall not be construed to be “mobile home (double wide)”, “modular housing” or “pre-fabricated housing”. A copy of the manufactured housing title shall be on record, in the Zoning Administrator’s office, prior to applying for a permit to install or replace such housing. The actual title number on housing shall be verified against title number on record by the Zoning Administrator prior to unit being placed on its foundation. There shall be a limit of one MANUFACTURED HOUSING (MULTIPLE SECTION) per lot.
MANUFACTURED HOUSING (SINGLE SECTION). A completely assembled factory structure (manufactured 7-1-1976 or later), so constructed as to permit its transport on wheels (temporarily or permanently attached to its frame) from the place of its construction to the location, or subsequent location, at which it is intended to be a permanent dwelling unit for one or more persons. These structures conform to the National Manufactured Housing Construction and Safety Standards (i.e., HUD Code). MANUFACTURED HOUSING (SINGLE SECTION) shall be installed on permanent perimeter foundation walls or a permanent foundation with wood, metal or fiberglass skirting between the mobile home and the top of the ground. A MANUFACTURED HOUSING (SINGLE SECTION) shall be anchored/secured in accordance with the state’s Mobile Home Tiedown Act, being 210 ILCS 120/1 et seq. MANUFACTURED HOUSING (SINGLE SECTION) shall not be construed to be a camping trailer, recreational vehicle or a “mobile home (single wide)”. Any additions (living space, garage or storage and the like) to a MANUFACTURED HOUSING (SINGLE SECTION) shall be strictly prohibited. A copy of the manufactured housing title shall be on record, in the Zoning Administrator’s office, prior to applying for a permit to install or replace such housing. The actual title number on housing shall be verified against title number on record by the Zoning Administrator prior to unit being placed on its foundation. The addition of poles/framework around the perimeter of a MANUFACTURED HOUSING (SINGLE SECTION) for the purpose of supporting a roof or siding shall be strictly prohibited. There shall be a limit of one MANUFACTURED HOUSING (SINGLE SECTION) per lot.
MOBILE HOME PARK. A parcel of not less than two acres in area in single ownership/ control, developed with facilities for accommodating occupied mobile homes in accordance with the requirements of this chapter and Ch. 151 of this code of ordinances.
MOBILE HOME (DOUBLE WIDE). The two halves of a completely constructed factory structure, so constructed as to permit their transport on wheels (temporarily or permanently attached to their frames) from the place of construction to the location or subsequent location where they are attached together to form a permanent dwelling unit for one or more persons. MOBILE HOME (DOUBLE WIDE) structures manufactured prior to 7-1-1976 may or may not meet the National Manufactured Housing Construction and Safety Standards (i.e., HUD Code). (Note: a red label affixed to the perimeter of the home signified it met the National Manufactured Housing Construction and Safety Standards (i.e., HUD Code) at the time of construction.) A MOBILE HOME (DOUBLE WIDE) shall be installed on permanent perimeter foundation walls. A MOBILE HOME (DOUBLE WIDE) shall be anchored/secured in accordance with the state’s Mobile Home Tiedown Act, being 210 ILCS 120/1 et seq. A MOBILE HOME (DOUBLE WIDE) shall not be construed to include “modular housing” or “manufactured housing (multiple section)”. Any additions (living space, garage or storage, and the like) to a MOBILE HOME (DOUBLE WIDE) shall be strictly prohibited. A copy of the mobile home title shall be on record, in the Zoning Administrator’s office, prior to applying for a permit to install or replace such housing. The actual title number on housing shall be verified against title number on record by the Zoning Administrator prior to unit being placed on its foundation. The addition of poles/framework around the perimeter of a MOBILE HOME (DOUBLE WIDE) for the purpose of supporting a roof or siding shall be strictly prohibited. There shall be a limit of one mobile home (single wide) per lot.
MOBILE HOME (IMMOBILIZED).
(a) A MOBILE HOME (SINGLE WIDE) located on a permanent foundation or permanent perimeter foundation walls and anchored/secured per the state’s Mobile Home Tiedown Act, being 210 ILCS 120/1 et seq. All wheels, tongue and hitch shall be permanently removed. Axles may be removed.
(b) A MOBILE HOME (DOUBLE WIDE) located on a permanent perimeter foundation walls, and anchored/secured per the state’s Mobile Home Tiedown Act, being 210 ILCS 120/1 et seq. All wheels, tongues and hitches shall be permanently removed. Axles may be removed.
MOBILE HOME (SINGLE WIDE). A completely assembled factory structure (manufactured prior to 7-1-1976), so constructed as to permit its transport on wheels (temporarily or permanently attached to its frame) from the place of its construction to the location, or subsequent location, at which it is intended to be a permanent dwelling unit for one or more persons. MOBILE HOME (SINGLE WIDE) structures manufactured prior to 7-1-1976 may or may not meet the National Manufactured Housing Construction and Safety Standards (i.e., HUD Code). (Note: a red label affixed to the perimeter of the home signified it met the National Manufactured Housing Construction and Safety Standards (i.e., HUD Code) at the time of construction.) A MOBILE HOME (SINGLE WIDE) shall be installed on permanent perimeter foundation walls or a permanent foundation with wood, metal or fiberglass skirting between the mobile home and the top of the ground. A MOBILE HOME (SINGLE WIDE) shall be anchored/secured in accordance with the state’s Mobile Home Tiedown Act, being 210 ILCS 120/1 et seq. A MOBILE HOME (SINGLE WIDE) shall not be confused with a camping trailer, recreational vehicle or manufactured housing (single section). Any additions (living space, garage or storage and the like) to a MOBILE HOME (SINGLE WIDE) shall be strictly prohibited. A copy of the mobile home title shall be on record, in the Zoning Administrator’s office, prior to applying for a permit to install or replace such housing. The actual title number on housing shall be verified against title number on record by the Zoning Administrator prior to unit being placed on its foundation. The addition of poles/ framework around the perimeter of a MOBILE HOME (SINGLE WIDE) for the purpose of supporting a roof or siding shall be strictly prohibited. There shall be a limit of one MOBILE HOME (SINGLE WIDE) per lot.
MOBILE HOME STAND. The part of a mobile home space beneath the mobile home that includes the concrete slab on which the home is placed and to which it is anchored.
MOBILE OR PORTABLE MARQUEE. Used to describe any sign designed to be moved from place to place, including, but not limited to, signs attached to wood or metal frames designed to be self-supporting and movable; or paper, cardboard or canvas signs wrapped around supporting poles.
MODULAR HOUSING. Factory-fabricated “units,” transported to a building site, assembled together and attached/secured on permanent perimeter foundation walls per manufacturers specifications. MODULAR HOUSING is designated for use as a permanent dwelling unit for one or more persons. MODULAR HOUSING shall not be construed to include mobile home (single wide), mobile home (double wide), mobile home (immobilized), manufactured housing (single section), manufactured housing (multiple section), manufactured housing (immobilized), pre-fabricated housing, pre-cut housing or built-on-site housing. The electrical panel box of each MODULAR HOUSING shall have the yellow seal in the shape of the state. For units produced in Indiana under the reciprocal agreement, the Indiana seal meets this requirement. There shall be a limit of one MODULAR HOUSING per lot.
MOTEL or MOTOR HOTEL. A series of attached, semi-attached or detached sleeping or living units for the accommodation of transient guests and not customarily including individual cooking or kitchen facilities; said units having convenient access to off-street parking spaces for the exclusive use of the guests or occupants.
NON-CONFORMING. As applied to a lot, structure or use:
(a) Lawfully existing on the effective date of this chapter; but
(b) Not in compliance with the applicable provisions thereof.
NUISANCE. Any thing, condition or conduct that endangers health or unreasonably offends the senses or obstructs the free use of property or essentially interferes with the comfortable enjoyment of life or property.
NURSERY. A tract of land on which trees, shrubs and other plants are raised for transplanting and/or sale, and including any structure in which said activities are conducted.
NURSERY SCHOOL or DAY CARE CENTER. An establishment for the part-time care and/or instruction at any time of day of four or more unrelated children of pre elementary or elementary school age.
NURSING HOME. A building used as a medical care facility for persons who need nursing care and medical service, but do not require intensive hospital care.
OFFICE. Any building or portion thereof in which the business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted.
OFFICIAL MAP. The portion of the master plan which designates land necessary for public facilities or uses. It shall include streets, alleys, public ways, parks, playgrounds, school sites and other public grounds and ways for public service facilities within the whole area included within the official comprehensive plan. It can be one or more separate geographical or functional parts or include all or any part of the contiguous, unincorporated area under the planning jurisdiction of the city.
OVERLAY DISTRICT. A zoning district superimposed over one or more standard (primary) zoning districts or portions thereof for the purpose of controlling developmental problems caused by such factors as steep slopes, wet soils, flooding and the like.
PARKING AREA/LOT, OFF-STREET. Land that is improved in accordance with this chapter and used primarily for the storage of passenger motor vehicles, free of charge or for compensation. An OFF-STREET PARKING LOT, depending on the circumstances of its use, may be either a principal use or an accessory use.
PARKING LOT, COMMERCIAL. Land that is improved in accordance with this chapter and shall be limited to automobiles and trucks one ton and under.
PARKING SPACE, OFF-STREET. An area at least 20 feet long and ten feet wide within an off-street parking area or garage, used for the storage of one passenger motor vehicle.
PERMANENT FOUNDATION. A wall (minimum all thickness shall be eight inches), pier or column of poured concrete or mortared blocks. A PERMANENT FOUNDATION shall be supported by a footing located 36 inches below the finished surface of the soil. As an alternative, mortared brick may be used in place of mortared blocks, but shall not be used below the surface of the soil.
PERMANENT PERIMETER FOUNDATION WALL. A wall of poured concrete or mortared blocks which support the perimeter walls of a building, minimum wall thickness shall be eight inches. The wall shall be supported by a footing located 36 inches below the finished surface of the soil. As an alternative, mortared brick may be used in place of mortared blocks, but shall not be used below the surface of the soil.
PERMITTED USE. Any use which is or may be lawfully established in a particular district(s); provided, it conforms with all the requirements applicable to said district(s).
PERSON. Any individual, firm, association, organization or corporate body.
PLANNED DEVELOPMENT PROJECT. A residential or commercial development on a parcel of land in single ownership and consisting of two or more buildings having any yard, court, parking or loading space in common.
PRE-CUT HOUSING. Parts of the building are pre-cut at a factory or other location and then transported to the building site. These pieces will be used at the building site, along with other materials, in the construction of a permanent dwelling unit for one or more persons. All PRE-CUT HOUSING shall be built on permanent perimeter foundation walls. All PRE-CUT HOUSING shall be attached/ secured to the foundation walls using accepted building practices. PRE-CUT HOUSING shall not be construed to include pre-fabricated housing. There shall be a limit of one PRE-CUT HOUSING per lot.
PRE-FABRICATED HOUSING. Components of the building are pre-fabricated at a factory or other location, then transported to the building site. These pre-fabricated components (i.e., outer wall sections, interior walls, subfloor sections, trusses and the like) along with other materials, will be assembled at the building site to complete a permanent dwelling unit for one or more persons. All PRE-FABRICATED HOUSING shall be built on permanent perimeter foundation walls. All PRE- FABRICATED HOUSING shall be attached/secured to the foundation walls per manufacturers specifications. PRE-FABRICATED HOUSING shall not be construed to include mobile home (single wide), mobile home (double wide), manufactured housing (single section), manufactured housing (multiple section) or modular housing. There shall be a limit of one PRE-FABRICATED HOUSING per lot.
PREMISES. A lot and all the structures and uses thereon.
PRINCIPAL BUILDING/STRUCTURE/USE. The main structure erected on or the main use occupying a lot, as distinguished from an accessory (subordinate) structure or use.
PROFESSIONAL OFFICE. An office (other than a service office and other than an office for care and/or treatment of or medical attention to, animals as distinguished from persons) for the practice of professions, such as the offices of physicians, dentists, attorneys-at-law, architects or engineers qualified to perform services of a professional nature, or the offices of a governmental agency; and where there is no storage, sale or display of merchandise on the premises.
PROPERTY LINE. See LOT LINE.
PUBLIC BUILDINGS. Any building owned, operated, constructed or maintained at the expense of the public or a building which provides a service or function necessary for the general health, welfare and convenience of the public.
PUBLIC OPEN SPACE. Any publicly-owned open area, including, but not limited to, the following: parks; playgrounds; forest preserves; beaches; waterways; parkways; and streets.
PUBLIC UTILITIES. Utilities which are either government-owned or owned by an established firm serving a wide geographical area and/or a substantial number of persons.
QUICK SHOP. Any small retail commercial or service establishment offering goods/services primarily to the residents of a particular multi-family complex, mobile home park or similar development.
RECONSTRUCT. As applied to non-conforming structures, to rebuild after damage or destruction.
RECREATIONAL VEHICLE. This encompasses any type of vehicle used primarily for pleasure, such as travel trailers, motor homes, boats, snowmobiles and the like.
REFUSE. Garbage (food wastes) and trash, but not sewage or industrial wastes.
RELOCATE. To move to another portion of a lot or to a different lot.
REPAIR. To restore to sound condition, but not to reconstruct.
RESTRICTIVE. Tending to keep within prescribed limits.
RETAIL. This refers to the sale of goods and services directly to the consumer rather than to another business.
RIGHT-OF-WAY, PUBLIC. A strip of land which the owner/subdivider has dedicated to the city or to another unit of government for streets and alleys.
ROOF LINE. A horizontal line parallel to the average ground level of a building along the front thereof, which line delineates the highest point of a flat roof; or where the flat surface area of a gable, hip, mansard or gambrel roof is in view from the ground level, the line of demarcation between the flat surface and the vertically structured facade; or the line along the front of a building delineating the roof line between eaves and ridge for gable, hip and gambrel roofs.
SCREENING. Trees, shrubs, walls, solid fences and the like used as a means of view and noise control.
SEMI-FINISHED MATERIALS. Materials which have been sufficiently processed at heavy industrial facilities so that they are no longer in their raw state, but are readily usable by light industry for assembly or manufacture into consumer goods.
SERVICE BUILDING. A structure within a mobile home park or travel trailer park that contains toilet facilities, clothes washers and dryers and in some instances, a convenience store.
SERVICE STATION. A building and premises or portion thereof designed and used for the retail sale of gasoline or other automotive fuel, oil, and automotive parts, supplies and accessories. A SERVICE STATION may include facilities for washing vehicles and for making minor automotive repairs.
SERVICE USE/ESTABLISHMENT. Any use or establishment where services are provided for remuneration either to individuals or to other firms.
SETBACK. The horizontal distance from the front lot line in question to the side of the structure facing that lot line or to the edge of the area of operation of the principal use (in the case of a use which does not involve a structure).
SEWAGE TREATMENT PLANT, PRIVATE. Any properly constructed disposal system intended for the treatment of wastewaters from more than one residence and/or building unit.
SIGN. Any object, device, display or structure or part thereof used to advertise, identify, display or attract attention to a person, establishment, product, service or event by any means including words, letters, figures, designs, symbols, fixtures, colors, illuminations and the like. The term SIGN includes, but is not limited to: every projecting sign, freestanding sign, awning, canopy, marquee sign; changeable copy sign, illuminated sign; moving sign, temporary sign; portable sign; or other display whether affixed to a building or erected elsewhere on the premises. The term SIGN excludes features of a building which are an integral part of the building’s design (e.g., the “castle-look” of a White Castle restaurant).
SIGN, CANOPY/MARQUEE. Any sign affixed to, painted on or suspended from an awning, canopy, marquee or similar overhang.
SIGN, FLUSH-MOUNTED. Any sign attached to or erected against a wall of a structure with the exposed face of the sign in a plane approximately parallel to the plane of the wall and not projecting more than 18 inches. A FLUSH-MOUNTED SIGN displays only messages associated with the building to which said sign is attached.
SIGN, FREESTANDING. Any sign supported by one or more uprights, poles or braces placed in or upon the ground; or any sign supported by any structure erected primarily for the display and support of the sign; provided that, a freestanding sign displays only messages associated with the structure to which it is attached.
SIGN, PROJECTING. Any sign which is suspended from or supported by a wall, awning, canopy, marquee and the like and which is approximately perpendicular thereto. A PROJECTING SIGN displays only messages associated with the structure to which it is attached.
SIGN AREA. The entire area within a single, continuous perimeter enclosing the extreme limits of the message and the background thereof, calculated in accordance with the provisions of this chapter.
SIGN AREA ALLOWANCE. The maximum total sign area of all signs that an establishment is permitted to display.
SKIRTING. The covering affixed to the bottom of the exterior walls of a mobile home to conceal the underside thereof.
SPECIAL USE. A use that has unusual operational, physical or other characteristics which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district. SPECIAL USES commonly must meet special standards not necessarily applicable to permitted uses in the district and are allowed only by permit.
SPECIAL USE PERMIT. A permit issued in accordance with the provisions of this chapter to regulate development of a special use.
STOP ORDER. A type of corrective action order used by the Administrator to halt work in progress that is in violation of this chapter.
STORAGE SHED/BUILDING. An accessory building designed for storing chattels/ possessions. A STORAGE SHED/BUILDING shall have a minimum of three walls and roof. A STORAGE SHED/BUILDING shall not be construed to be any of the following: any type of truck body; vehicle of any type; vehicle “slide-in” unit; any type of railroad cars; “Conex” boxes; mobile home (single or double wide); or manufactured housing (single section or multiple section).
STREET. A public or private way for motor vehicle travel. The term STREET includes a highway, thoroughfare, parkway, through way, road, pike, avenue, boulevard, lane, place, drive, court and similar designations, but excludes an alley or a way for pedestrian use only.
STREET, PRIVATE. Any street providing access to abutting property that is not maintained by and dedicated to the municipality or other public entity.
STRINGENT. Binding and/or exacting.
STRUCTURE. Anything constructed or erected on the ground, or attached to something having fixed location on the ground. All buildings are STRUCTURES, but not all STRUCTURES are buildings.
TOPOGRAPHY. The relief features or surface configuration of an area.
USE. The purpose or activity for which land or a structure thereon is designed, arranged, intended, occupied or maintained.
USE VARIANCE. A type of amendment (not a variance) that allows a use in a district where said use would not be allowed under existing provisions of this chapter.
UTILITY SUBSTATION. A secondary utility facility such as an electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant and the like.
VACANT. As applied to a lot, no structure is situated thereon.
VARIANCE. A relaxation of the strict application of the lot size, setbacks or other bulk requirements applicable to a particular lot or structure.
WHOLESALE. The sale of goods or services by one business to another business.
WINDOW SIGN. Any sign visible from the exterior of a building or structure which is painted directly on the surface of a window or affixed to or suspended immediately behind the window for the purpose of informing passers-by of the identity of the proprietor or business, or of the product or service which can be obtained on the premises.
YARD. Open space that is unobstructed, except as specifically permitted in this chapter and that is located on the same lot as the principal building.
YARD, FRONT. A yard which is bounded by the side lot lines, front lot line and the building line.
YARD, REAR. A yard which is bounded by side lot lines, rear lot line and rear yard line.
YARD, SIDE. A yard which is bounded by the rear yard line, front yard line, side yard line and side lot line.
YARD LINE. A line in a lot that is generally parallel to the lot line along which the yard in question extends and which is not nearer to such lot line at any point than the required depth or width of said yard.
ZONING ADMINISTRATOR, ZONING OFFICIAL or ZONING OFFICER. The Zoning Administrator of the city or his or her authorized representative.
ZONING MAP. The map(s) and any amendments thereto designating zoning districts and incorporated into this chapter by reference.
(Prior Code, § 40-2)